BP's Tatics in Cape Vincent Ny

Wednesday, August 31, 2011

Tired of privileged thinking in Cape

Picture of three wind lesae holders running for town Council
This letter was written by a citizen of Cape Vincent almost two years ago but it could have been written yesterday.

Watertown Daily Times Tired of privileged thinking in Cape

It is so inconceivable to me that people are willing to accept illegal and unethical behavior in their elected officials. Where in the Constitution does it say if you are second, third, fourth or fifth-generation resident that you can do anything you want, that our laws do not apply to you?

I don't care how many years you have owned property in Cape Vincent. I am sick to death of people who think they are more privileged than others because their great-grandfather was here first. Just because it has always been, doesn't mean it will continue to be.

Thank heaven we are people who are finally questioning how things are done in Cape Vincent. Thank heaven we have people who are willing and courageous enough to stand up against unethical and illegal behavior. Lining their pockets and hiring your sisters, your wives and brothers is not acceptable nor ethical behavior. Some in Cape Vincent might be willing to ignore the same type of Madoff madness that has gotten this country in the mess it is in. I am not. It is time this kind of greed is recognized for what it is and nipped in the bud.

There are a lot of good, honest, decent people who live in the Cape, not related to anyone with wind contracts who are eligible to serve with honor and dignity. Those with conflicts should not have run for re-election. They have brought this upon themselves. Re-election does not excuse them from illegal conflicts of interest. Even nice people do very bad things, and really bad things are happening in Cape Vincent to a lot of really nice people.

Just look at Wolfe Island. You no longer see an island on the beautiful St. Lawrence River. You now see an industrial development as a gateway to the Thousand Islands and Cape Vincent. Bad decisions by nice people are still bad decisions

Barbara M. Steinhouse

Cape Vincent

Tuesday, August 30, 2011

Betwixed & Between the Lines

This post is a series of letters between Whiteman Osterman and Hanna lawyer Michael Sterthous , British Petroleum’s project manager Peter Gross and Planning Board member Richard MacSherry.
Letter number one ,is from Whiteman Osterman and Hanna (WOH) to BP lawyer John S. Harris, Esq.
Regarding the BP wind project in Cape Vincent.

March 16, 2011
Michael G. Sterthous from Whiteman Osterman and Hanna advised Bp that the Cape Vincent’s Planning Board review of their project is “ongoing”.
Comments on the status of the completeness of the SDEIS will be delivered to BP Wind Energy‘s technical consultants over the coming months and ultimately lead to iteration of the document.
The planning board’s technical consultants have already issued a letter to BP Wind Energy advising it that the noise analysis presented in the SDEIS should be conformed to the noise analysis presented by St. Lawrence Windpower, LLC as part of its most recent submissions to the Planning Board.
Since an iteration of the current version of the SDEIS is expected, the planning Board has cancelled next week’s meeting…
It may be helpful for BP Wind Energy’s representative to schedule a time to present the project and the reports and analysis contained in the SDEIS to the Planning Board, as many members are new to the board.
Sterthous is assuring BP that things are going along smoothly. However, are them it was right around this time that Todd Mathis was removed from the Cape Vincent project additionally BP’s senior project manager Jim Madden left the scene as well. The planning board meeting scheduled for March 23 was cancelled
The SDEIS was submitted to the planning board Feb. 10, 2011 however, it has not been formally accepted by the board. In late February of 2011, BP’s former senior project manager Madden said in a newspaper interview that he expected the SDEIS to be accepted by the end of March. Then a public comment period would begin followed by a hearing.
However, the Cape Vincent Town Planning Board meeting scheduled for March 23, 2011 was canceled. Planning Board members were to consider the supplemental draft environmental impact statement for British Petroleum's Cape Vincent industrial wind complex.


August 2, 2011
Letter number two, is from British Petroleum’s project manager Peter Gross to planning Board member Richard MacSherry.
This letter explains to Mr. MacSherry that they are anxiously awaiting the anticipated comments from the Planning Board on their Cape Wind SDEIS.
Additionally Gross states that BP would like to advance their project in a timely efficient manner.
Gross also requests that the Planning Board schedule a review of the SDEIS with the Planning Board and asks for a schedule ( deadline?) for the submission of any further comments so BP can receive a determination from the Planning Board that the doc is complete as soon as reasonably possible.
In other words, we have waited long enough hurry up with your positive determination.

The third and final letter in this series, is a letter from Planning Board member Richard MacSherry to Mr. Peter Gross Project manager Bp Wind Energy.
Mr. MacSherry informs Mr. Gross that he has no knowledge of any dialogue that Mr. Edsall could have possibly had with Whiteman Osterman and Hanna, which would have led them to indicate that any review was active and that comments regarding the SDEIS would be forthcoming under any time frame.
Additionally, Mr. MacSherry states that the primary obstacles are the time it will take to fill the Planning Board vacancies and a reasonable period for all members to become familiar with BP draft and supplemental EIS documents.
And an opportunity for the Planning Board to meet with our consultants to share and compare our findings
I cannot speculate as to when all of the above-mentioned matters will be concluded; I will commit only to keeping you informed as to our progress.

Teletubbies ,Turbines

& Sex,

Oh my!

Wind companies are getting pretty desperate these days to push their wind agenda. But the question is how desperate will their future be?
Some wind companies use slick media campaigns. Some campaigns are not so slick.

The wind industry is a tough business after all promoting a product that is based on faulty technology. Is not an easy task and corruption may not be enough to facilitate your development… What do you do?
This is where "creativity" takes over.
One industrial wind company used the teletubbies, yes the teletubbies ,

A Wind Developer exploits children to gain acceptance of Wind Development scheme
A controversial wind farm in the Welsh countryside brought in a secret weapon - The Teletubbies.
BBC chiefs have given permission for the children's favorites to be used as the face of a scheme to provide electricity for more than 1,500 homes in west Wales.
Tinky-Winky, Laa-Laa, Dipsy and Po stand in front of a spinning windmill in their TV shows.
The company behind the scheme hopes their image will help win over opponents against the wind farm.
Awel Aman Tawe, a company developing the scheme, said the Teletubbies brainwave came when it took children to visit another wind farm. "As they approached the wind farm, all the children looked out of the window and shouted: "Look it's the Teletubbies'."
"They all know that the program often features windmills in the background."
Postcards of the Teletubbies were handed out at displays and exhibitions promoting the project at Mynydd Uchaf near at Tairgwaith, near Ammanford.
Western Wind energy ran a tacky video promotion

Western Wind Energy's Wind Blows Viral Video Contest was offering $10,000 for the creation of the best video about wind power for this developer and promoter of wind energy generation projects. They put up a tacky promotional video as an example of what they were looking for.
Western Wind was apparently going for name recognition, but it's hard to see how this contest, would reach their target audience of investors, legislators and media. This contest is now over. This was a promotion for, 2006.

I WONDER IF THEY HAVE An Escrow account or a "SLUSH FUND"?

Wind companies use many tactics to push their wind agenda.
The question is how low will they go?

Monday, August 29, 2011


Broken Trust

I will support the constitution of the United States and the Constitution of the State of New York...

The Mason Law , a document that was designed to deny citizens of our community their most fundamental right to vote.
the Document that Donny Mason , Marty Mason and Mickey Orvis endorsed does not stand as a great political document rather it is a shameful representation of a lack of moral integrity of those that participated in its creation……
The Public Officer's Law requires public officials to take and file an oath of office. This requirement is set forth in Public Officer's Law §10, which provides, in part that "every officer shall take and file the oath of office required by law..." The oath to which public officers must affirm is set forth in Section I of Article XIII of the New York State Constitution and provides:

"I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of ............, according to the best of my ability;"

This oath of office is a statement of loyalty to the constitution of the United States and the State of New York . Under the laws of a state it may be considered treason or a high crime to betray a sworn oath of office.

Marty Mason , Donny Mason and Mickey Orvis all took an oath to support the constitution ~
August 11, 2011 they deliberately and willfully broke their oath of office.

The three documents below are copies of the oath that they signed when elected.

The MASON law was rescinded at a special board meeting August 25, 2011 by the Town council.
Vote to rescind the Mason law roll call
Supervisor Urban Hirschey ~ YES
Brooks Bragdon~ YES
Mickey Orvis ~ YES
Donny Mason~ NO
Marty Mason ~ NO

Below is a copy of the Resolution passed by the ~ Cape Vincent ~ Three

link here to read the petition with signatures

John Byrne on Hannity MP3

John Byrne was on the Sean Hanity show today
the mp3 player below has the excerpted segment


Big event coming to Cape Vincent August 31, 2011
Location: Cape Vincent Rec Park
Brought to you by the New York Wind Education Collaborative:
Alliance for Clean Energy New York (ACE NY), Citizens Campaign for the Environment (CCE), and PACE Energy and Climate Center
Date: Wednesday, August 31
Time: 6:30pm - 8:30pm
Where: Cape Vincent Rec Park
602 South James St.
Cape Vincent, NY 13618
Opportunity for Questions and Answers will follow.

Contact Brian Smith at bsmith@citizenscampaign.org for more info.

Back in the early years October 2007, there was trouble with the proposed wind developments in Cape Vincent and Lyme . The fierce debate began in Cape Vincent.
In the face of British Petroleum’ s bringing wind development to Lyme the war over wind began raging, discontent was brewing .

Lyme was in a dispute with the town of Cape Vincent over control of the environmental review for the portion of the British Petroleum’s wind development that would be in their borders.
They enacted a moratorium on wind farm development while it drafts zoning regulations for wind turbines.
The split in the community over wind development ran deep.
Protesters began to stand up to anyone who supported the idea of wind development, and property owners who wanted to reap the financial rewards of wind were not standing down.
BP had to take action to prevent the community from galvanizing any more than it already had.
Bp scheduled an informational open house to educate and inform the community about wind development.
Jim Madden BP' Project Manager for the proposed Cape Vincent wind farm stated that BP hired community organizer Marrion Trieste’s to handle “Public Relations and do "outreach" work. It was at this meeting that Trieste introduced Voters For Wind a “grass roots” organization that she helped launch.
In reaction to the many protesters marching outside this meeting Trieste said
“Everyone’s entitled to their own opinion and their own concerns,” said Marion Trieste, of Green Energy Outreach Services. “This is America.”

It has been over four years since Voters for Wind was born from a need to promote wind development in Cape Vincent and Lyme. Over the years, wind development has had its ups and downs, however now we are at a crucial point. Cape Vincent is poised to elect town board members that do not have conflicts of interest this will severely cripple the wind projects because we will have board members that will put the community first. The protection of our citizens through proper setbacks and property protection plans is something that is financially unacceptable to the wind companies. They must take action with a primary just two weeks away they have decided to bring in the big guns to try to regain control.

One of the representatives that will be speaking at this event is Carol Murphy; she became first executive director of the Alliance for Clean energy (ACE) May 11, 2006 .

Coincidentally at this same time, Marion Trieste and Steve Sullivan were publicists for ACE.
Trieste was there in the beginning to usher in the wind projects. Will she be in Cape Vincent this Wednesday with all her “Green” “Grass Roots” friends to usher the wind projects out as well?
Read the press release here

Jeffersons Leaning Left has also done an excellent post about this wind developers sponsored event link here to read about Another pro-wind public relations attempt in Cape Vincent.

Sunday, August 28, 2011

Cape Vincent



A comment that came in to a post that I did recently.
The post was the petition requesting that the Town Board take action and deny citizens of our community of their civil rights Mason Law the resolution that was passed by the three members of our town board that are ignorant beyond belief

As an outsider living in Cape Vincent Township, I am not surprised. I have served my country in the Army and Marines and have been quite taken aback by the lack of objectivity and prejudice that exists here. Perhaps this is because many have never lived anywhere but here, but it NO EXCUSE. Everyone is entitled to their own opinion, however no one is entitled to their own reality. I am happy to see the 2 men I did vote for at last election were intelligent enough to vote no and urge the others to seek legal counsel prior instituting illegal voter requirements. I am sure many lawyers were just relishing the thought of Cape Vincent denying legal voters the right to vote. Those of you that signed the petition are an embarrassment to the community.

Link here to read The Mason law and the signed petitions

A Difference of opinion

Letter from Mr. Gebo RE:

The MASON'S Unconstitutional law

Town of Cape Vincent Attorney Mark Gebo sent a letter to Supervisor Urban Hirschey

Re: Donny’ Mason’s election resolution.

Mr.Gebo ended the letter with, Based upon the forgoing; I believe the resolution passed on August 11, 2011 is ineffective.

You can read a copy of the original letter below as well as Supervisor Hirschey’s resolution rescinding Donny Mason’s ridiculous law.
Additionally, I have added a copy of Donny’s Resolution and a link to the petition that was presented to the Town Board.

Supervisor Urban Hirschey proposed a resolution to rescind Donny’s unconstitutional law.
After a long pause, Councilman Brooks Bragdon seconded the motion.

Then Supervisor Hirschey asked for a discussion.

Apparently, Donny and Marty want a hard copy from the board of elections or the Attorney General telling them that their law is unconstitutional .

Below are excerpts of comments made by Mason , Mason and Orvis during the discussion.

Donny Mason : "I will start. I want to hear something back from the County or the State before I would pass it myself. I know Mark has done his homework. From the County Election Board or the State Election Board."
"I think we all know what the rules and regulations are. But I want to hear something back. From the County Election Board or the State Election Board."
What does Donny mean by this statement?
Does he mean that he knows he is wrong and he wants an official letter telling him that he is guilty of an attempt to subvert the United States constitution?
On the other hand, does he mean that he knows the law and he is waiting for confirmation that his law is valid ?

Marty Mason: "I agree with Donny because according to Mark, what Mark said in his letter, it appears to be, I see that as not, you know, clear, black and white. There is still some question there. And that's how it's looking until we get some clear stated answers from the Jefferson County or preferably from Albany."

Donald Mason: "And you are right again Brooks, just like Mark had put in here, The Board of Elections that must determine this, and that's all Marty and I are asking for is a letter from them saying that they're superseding this. And, Mark has said maybe he would talk to them."

Donny said that Mark said that maybe he would talk to them. Does this mean that Donny has already discussed this with Mr. Gebo?

Mickey Orvis states he is going to vote yes
Mickey Orvis: "I am going to vote yes for your resolution. For the simple reason that this community is broken enough.This isn't going to solve anything. It's not going to help the dividing. I don't agree with what's been done but I don't agree with people driving a wedge between this side and that side, either."
What did Orvis mean by his statement I don't agree with what's been done but I don't agree with people driving a wedge between this side and that side, either."
I was at this meeting and when he said these words I had the impression that he was against resolution # 36 but he was going to vote for it because of the wedge in the community . But if you just read his words it is not clear what he meant .

Donny and Marty Mason voted against a resolution to rescind the unconstitutional resolution that he and his two comrades Marty Mason and
Mickey Orvis voted into law.
This is nothing more than a ploy to intimidate new voters by putting a cloud of suspicion over the voter registration process in Cape Vincent.


All members voted on resolution # 36
Supervisor Urban Hirschey ~ AYE
Councilman Marty Mason ~ NO
Councilman Mickey Orvis ~ AYE
Councilman Brooks Bragdon~ AYE
Councilman Donny Mason ~ NO
The resolution to rescind Resolution # 35 passed

left ~ click mouse here to read the petition that was circulated to limit voting rights in Cape Vincent

Saturday, August 27, 2011

Hurricane Irene, Versus Wind Turbines

The answer my friend is blowing in the wind

Weather approaching Over Yonder Cay from on top of one of the two 100' wind turbines



Luck of the Draw

April 25, 2000


- A burglar "got lucky" during the weekend, entering the American Legion post here on a rare occasion that a night deposit was not made at a bank, a state police investigator said.
Approximately $2,300 in cash and checks was stolen in a burglary discovered at 8 a.m. Monday at the Legion post, police said. Club steward Marvin Votra said about $600 was cash, and the balance was in checks, which were already stamped "for deposit only."
Investigator Judy A. Paduano said entry is believed to have occurred Sunday night or early Monday through an unlocked restroom window. She said she thinks the intruder might have been surprised to find more than a small amount of money retained for use as change.
Because the Legion, at 248 E. Broadway, was closed for Easter, Mr. Votra said, he had not had a chance to make a bank deposit.
The intruder "broke down" a steel door to enter the room where the money was hidden, Mr. Votra said. There was no ransacking. It is not believed that anything else, including beer or liquor, was stolen, Mr. Votra said.
Since tourist season has not begun, Investigator Paduano said, the burglar is likely a local person.

Friday, August 26, 2011

AN August Suprise

From ORVIS ?

At last night’s Town Board Work session Mickey Orvis talked about a resolution that he had wanted to introduce but after consulting with town attorney Mark Gebo and others he discovered it was not a resolution that would hold water.
However, this did not stop the Mason Clones from passing their bogus voting law .

Additionally, I am wondering why Orvis introduced his resolution to the board and community knowing that It was flawed and based on a false premise was Orvis just doing some political grand standing for the Mason Clones.

Mickey's Fractured Fairy Tale

"I would like to discuss this after I met with Mark I talked to Urban I talked to Donny I met with mark we spoke Friday about an Idea of a resolution I had to help heal our community unfortunately Mark’s uh he did some research and I did some research, are resolution at this time we couldn’t pass it because there’s still two active , the wind projects application before the planning board but I still would like to, if I could just read the resolution I had then discuss , tell you the reasons why I had this if that’s all right. Ah whereas the town Board of Cape Vincent has been unable to pass a wind law after several years of attempts whereas New York State has passed article 10 number 21 power new york that would supersede any local laws whereas New York State having the necessary resources available, example sound studies property values New York state should be the responsible lead agency for proposed wind projects whereas the town of Cape Vincent has become so divided on this issue the Town can now become neutral .with no party with sides for or against left with the burden . The Town can start the healing process be it resolved New York State Power agency, I’m not sure what the agency is I just wrote this up from this day forward field any questions or actions from either proposed wind projects this will allow the towns planning board to handle the normal planning board issues covered in the current zoning laws. And that’s what I had, my reasons
Well number one State Law supersedes local laws as were gonna find out in our election law home rule I’m Not in favor of giving up home rule but this circumstance I don’t think the , the planning board in our little town, I know we have some very intelligent people should have ever been put in the position to address the project New York state has let our town become so divided that we may never heal as a community ok, want we want a local control of siting for a nuclear plant ? We can still request, ask our planning board to address current issues on current zoning law. I know some will say I’m taking the easy way out but I disagree let’s take the wind issue out of the upcoming election I do not will not support spending another dime on wind studies etc. we all pat New york taxes let’s make New York State responsible for any, all responsibilities for wind projects the town has been told they will still have a voice on where the towers will be sited I got any local law superseded by article 10 I support renewable energy however wind and also other sources we need to take the action now and not wait for future generations.
Ah subsidies I know everyone, everybody says they get subsidized, well every time you go to the gas station and put gas in your car you must see that little sticker that says 10% ethanol, well every time you put a gallon of gas in your car you are subsidizing the ethanol industry . Nobody wants to move in to a broken community. I urge , this is what I had , urge the planning board ,board members to pass a resolution but I’m gonna say after mark got his answers from the association of towns and I was able to contact NYSERTA ,I guess which will be The PSC once they get everything established ,the two projects are in the pipeline ,so their grandfathered in . Now if in the event that either wind agency or either wind project pull their application out we could talk about this resolution I didn’t I didn’t it’s just time where neighbors help neighbors like we use to without animosity or disdain I mean it’s just, Its even in the local organizations I belong it’s just, our community is so split I don’t know if we’ll ever heal. If we don’t turn it over to an outside agency .We could have a new board in January is that gonna solve anything? Still gonna have the Hatfield’s against the McCoy’s that’s my personal feeling. I just wanted to let, to share that with the present board that I had met with Mark and drafted a resolution."

Arguments against wind power are faulty

Watertown Daily Times | Arguments against wind power are faulty

I have read with amusement the comments of Rob Aliasso from Henderson. He claims that wind farms will destroy the pristine beauty of Lake Ontario and the St. Lawrence River. He’s too young to realize that his idealized image vanished when the St. Lawrence Seaway was created and when the numerous trailer parks along Lake Ontario and the St. Lawrence River developed more than 50 years ago. He can’t see the polluted beaches, the damage invasive species have caused and the sewage draining into these waters.

Mr. Aliasso also claims that the wind companies have run roughshod over communities. If he talked with many wind-farm township supervisors, township assessors in wind-farm areas, or the superintendents of schools receiving monies from the wind farms, he would not say that about these thriving communities. He would also have a very different impression if he talked with many of the more than 55,000 residents living in the 14 wind farms covering more than 25 townships in New York state.

Since Mr. Aliasso can’t see beyond more than a couple thousand feet of the shorelines, he has no idea how much once-viable farmland has gone to scrub brush in Cape Vincent. Lands that once produced crops for the dairy industry have become wastelands as one after another dairy farm has ceased operation. Even though the farmer no longer sustains a dairy or raises the crops necessary for milk production, he still pays taxes on the land. As the income to farmers dwindled, so did the economy of the village of Cape Vincent. Many who have lived in Cape Vincent for only a decade or two have no idea what the village was like in an earlier era when dairy farms were numerous.

Times have changed, and the future requires alternative methods of energy production. The farmland beyond the village of Cape Vincent could once again become viable. The income the farmers received through turbine leases could once again benefit and strengthen the economy of the village. All who own property, especially seasonal landowners who pay taxes on more than one property, would benefit from reduced property taxes.

Despite the many falsehoods propagated by the anti-wind faction, wind energy is the cleanest and most ecologically sound form of energy. The blowing wind is free, and its extraction does not pollute.

Karen L. Stumpf

Cape Vincent

Thursday, August 25, 2011


One thing that becomes more evident with every board meeting is that this election is about weeding out corruption.
Today just Thirteen days after this same board passed the” Mason Law”, an unconstitutional resolution designed to disfranchise a segment of our population by only allowing select members of our community vote.

Mickey Orvis spoke about a resolution that he had wanted to propose to solicit the State to take over the development process under the statutes of Article 10 .

Orvis cited unselfish motives for this resolution, concern for the community and an interest in healing the bitter divide that exists between the two warring factions in our community.
Additionally he said it would resolve the conflicts before the election.
I have difficulty believing that Orvis cares for the community at large; if he truly cared about our community, he would not have voted against the resolution to provide the community with a free noise study that was intended to protect the community.
His actions tell a story and so do his family ties.
Orvis does not have a direct conflict through a wind lease but he has conflicts of another kind, he has family ties that bind and blind. Mickey Orvis is married to Harold Wiley’s niece. Wind leaseholder Darrel Aubertine is also a relative by marriage he is married to Harold Wiley’s niece . ( Not the same niece)
Orvis stated that after consulting with the town’s attorney it was determined that the two projects could not be taken under article 10 because they had been "Grandfathered" in .

This resolution would have opened a can of worms.

This resolution would not have had any teeth. I do not know of any provisions for the State to take over at the request of a community. The resolution it’s self was a moot point. This may be out of the state’s jurisdiction to act on a resolution of this nature. This may have been intended as an exercise to instill fear of article 10, to frighten the community into expediting the development process. The lesser of two evils.

It is estimated that it will take article 10, 12 months of preparation before it will be ready for implementation. Projects may proceed under existing law. Any projects that are under a state or local application process on or before the effective date of the new regulations will have the option to continue under that process or opt in to the new process. Can the local developments afford to add 12 months plus to these projects?

If this resolution had made it to a vote, there would have been many implications for the conflicted board members this vote would create a direct prohibitive conflict of interest for the two-wind lease holding board members .
Voting on this resolution is contrary to the Attorney Generals code of conduct regarding municipal officers with wind contracts. Would the state even entertain this resolution if it were within their power? If the State were to decide to take on these projects under Article X at the behest of the Town Board’s resolution, the development process would be tainted from the beginning.

To avoid the risk of a legal challenge would require that the conflicted board members take no action on a resolution such as this.
Or recusal of the board members with wind leases otherwise their actions would be subject to nullification or legal action. From the developer and / or the Community.

If the proposed projects are taken under the jurisdiction of article 10, they must start from scratch. Would this action render all current wind lease agreements null and void?

By even considering this resolution would the conflicted board members have been in violation of their loyalty clauses.

Additionally, the Cape Vincent Planning Board is also acting as lead agent for both of these projects. These projects will affect lyme as well. Would our Town Board have a legal obligation to consult with Lyme before taking an action on a resolution such as this?

Did the gang green decide to employ this bit of theatre because they are attempting to make it appear as though their conflicts no longer exist in order to facilitate their reelection, and allow them to freely participate in the selection (voting) process of the new planning board members?

Or, was this one last hurrah a statement of absolute power over our fate?


Bottom line the board members have proven that they do not care about the bitter divide in our community they have deliberately aided in its creation. They have the option to start the healing process by immediately submitting their resignations.

Right now Cape Vincent is poised on the edge of the unknown
There is one certainty in Cape Vincent’s uncertain Future, the games will continue until the Oligarchy’s Culture of Corruption is ousted from our town Government.

It Ain't Over 'til It's Over

Jeri Mason

FormerTown Clerk indicted on charges of stealing from Cape Vincent

A former Cape Vincent town clerk has been charged with stealing up to $50,000 from the town.

Jeri Mason was indicted on charges of grand larceny and defrauding the government.

She's accused of falsifying monthly financial reports.

If convicted, Mason could face up to seven years in state prison.


The following is a news release from the Office of the New York State Attorney General:
Attorney General Eric T. Schneiderman today announced the indictment and arrest of Jeri Mason, the former Town Clerk, who is charged with stealing up to $50,000 from the Town of Cape Vincent.

Arraigned in Jefferson County Court on a three count indictment before the Honorable Kim Martusewicz, Mason was charged with Grand Larceny in the Third Degree, Defrauding the Government, and Official Misconduct.

"This individual breached the public trust by using her office as a personal bank account. Anyone who uses their position to steal from taxpayers for their own personal gain will be vigorously prosecuted by my office," Attorney General Schneiderman said. "Rooting out public corruption is a top priority for my office, and we are steadfastly committed to prosecuting government abuse wherever it exists."

According to the indictment, from April 2009 to September 2010, Jeri Mason engaged in a fraudulent scheme that involved falsely representing the amount of revenue the Town was collecting.

Mason is alleged to have conducted this scheme while acting in her capacity as the Town Clerk, an elected position.

More specifically, the indictment alleges that in her official capacity as Town Clerk, Mason falsified monthly reports that reflected the amount of money she collected for the Town.

The indictment further alleges that the scheme resulted in Mason stealing more than three thousand dollars that should have been remitted to the Town.

The Attorney General's investigation began after being contacted by the New York State Police.

Mason faces two felony charges and one misdemeanor charge (Grand Larceny in the 3rd degree -- a Class D felony, Defrauding the Government -- a Class E felony, and Official Misconduct -- a Class A Misdemeanor). If convicted, Mason could be incarcerated for a maximum period of 2 and 1/3 to 7 years in state prison.

Today's action follows Attorney General Schneiderman's initiative, announced earlier this year, to appoint public integrity officers in the 13 regional offices in the state.

The effort calls for a crackdown on public officials who use taxpayer funds for their own benefit.

The regional public integrity officers provide a local "watch dog" for citizens to report corruption to.

This initiative, coupled with the AG's recently announced partnership with the Office of the State Comptroller, provide the Attorney General with the authority to investigate and potentially prosecute any wrongdoing involving government spending, including member items, contracts, and pension fraud and contribute to his efforts to root out government waste, fraud and corruption.

"I strongly believe that those of us who believe in government as a force for good in people's lives must be the harshest critics of waste, fraud and abuse in the public sector. We must do everything in our power to hold wrongdoers accountable," Attorney General Schneiderman said. "I'd also like to thank the New York State Police for their assistance with the investigation."

This case was adjourned to October 14th before Judge Martusewicz.

Ms. Mason is currently released on her own recognizance.

The charges against Mason are allegations. All defendants are presumed innocent until and unless proven guilty.

The case is being handled by Colleen M. Glavin, Assistant Attorney General in the Albany Office, under the supervision of Public Integrity Bureau Chief William E. Schaeffer and Deputy Chief Stacy Aronowitz.

Investigator Scott Petucci under Supervising Investigator Antoine Karem assisted with the investigation of the case.

Anyone with additional information on this matter or any other public corruption is encouraged to contact the Attorney General's office at 1-800-996-4630

Tuesday, August 23, 2011

Things are not always, what they seem.

But sometimes they are

At the last local election the voters of Cape Vincent thought that Orvis was neutral, because he does not have a wind lease contract.

His actions tell a different story.
Orvis has been holding hands with Reinbeck, riding with the Gang Green ~ Clan all along, Orvis does not have a direct conflict through a wind lease but he has conflicts of another kind, he has family ties that bind and blind.
His actions tell a story.

Additionally,Orvis voted NAY defeating the resolution to commission an independent sound study. Cape Vincent’s current sound study is flawed a fact that recently came out with the release of FOILED documents pertaining to Cape Vincent’s sound study. Communications between the town’s sound consultants and the Town reveal that the Town is ignoring the advice of its own sound consultant.
After Orvis voted Nay
Mr. Hirschey said to Mr. Orvis,

"It's clear that you will not support a sound study town wide to be made by the consultant, hired by the town originally, for whatever reason not stated and I presume you're happy to go along with not good sound data and take the consequences of using the information we have."
Mr. Orvis said,

"I voted on the resolution you proposed."

January 12, 2011
Our conflicted lease holding public officials, the ones representing the wind companies are methodically working on a smear campaign.  Their ultimate goal is to discredit Urban Hirschey
A letter dated January 11, 2011 from Acciona’s senior project manager Tim Conboy about the issue at hand was delivered by FedEx, the wed before the Town Board meeting to all of the Town Board and Planning Board members to Attorneys Whiteman Osterman & Hanna and the town’s Attorney Mark Gebo. All board members were informed of Tim Conboy’s concerns prior to the Town Board meeting. Coincidentally all the same concerns were mirrored in the statements made by EX Supervisor Reinbeck and the citizens that I happened to see huddled in a corner of the parking lot in conference with Donny Mason before the meeting.
 The board knew in advance of the meeting about the "issues at hand", if they were troubled with Supervisor Hirschey’s actions. This should have been taken to executive session, Mason, Mason & Orvis deliberately and willfully chose to address the issue publically for one reason and that was to discredit Urban Hirschey and to publicly launch a smear campaign.
In an attempt to divert attention from the content of the FOILED documents and put the spotlight on Supervisor Hirschey the two conflicted clones on the Town Board Mason, Mason and their side kick Orvis pushed to have Supervisor Hirschey investigated by the Attorney General, and the District Attorney, and additionally it was suggested that Todd Mathis could assist because he may have information~ because as Donny Mason put it "Urban did a bad thing"

Unfortunately for the conflicted the attempt at having Mr. Hirschey discredited was "FOILED" again and brought more attention to the sound gate files.

In a letter dated March 7, 2011

Supervisor Hirschey was notified that

The State Attorney Generals Office will not be taking any action on the Town Boards request regarding the disclosing of documents by Urban Hirschey .

Next came No ~ to the Audit

Orvis did not want to spend the money and he wanted the newly appointed financial officer to look over the books Orvis said "You're two months old, Brooks is two months old, I mean you haven't had a chance to really sit down and see what everything is. As you learn, you might decide, you know what, we didn't need that audit."
The audit was voted down by the Cape Trio ~ Orvis and the two  council members Mason & Mason.
But Supervisor Hirschey prevailed and an audit was done. This gave Orvis an opportunity to vote once again in unison with Donny & Marty Mason  this time denying payment for the audit.
As it turned out the Audit was a necessary expenditure as it exposed more than a few errors in book keeping.

~ A few Dollars less ~

Reportedly a few dollars are unaccounted for .
Additionally there were issues with the manner in which the developer’s escrow accounts were manipulated.

EX Supervisor Reinbeck has been very vocal about telling our current Supervisor Mr. Hirschey


Orvis participated in the private meeting held to discuss picnic food, look at maps and catch up on  filing.

Photo from secret picnic discussions

June 16,, 2006

as reported in the Watertown Daily Times .
~ two members of the Town Council here have reversed their positions on setback requirements for commercial wind towers, causing a deadlock that was resolved Thursday only by stripping any such regulations from a proposed zoning law amendment.
With two councilmen recusing themselves over apparent conflicts of interest, the three members remaining agreed May 11 to set a project boundary that would begin 1,000 feet from the already established river district boundary.

The proposed law, therefore, restricted the first turbine from being placed any closer than 2,600 feet from the center line of route 12 E.
But Supervisor Thomas K. Reinbeck and Councilman Mickey W. Orvis offered a revised boundary Thursday that allowed turbines as close as 1,600 feet from the center line of route 12 E.
“There’s been overwhelming support for total use of the district to begin with,” said Mr. Reinbeck, in explaining his change of course. “And Furthermore, I see no reason other than visual impacts for anything other than that”.
Mr. Orvis added, “I can’t justify taking another 1,000 feet, whether it’s a farmer or just a regular land owner, of their property.

August, 28, 2006, a special Town Board meeting was held to review the quotes from consulting firms to do the SEQR for the wind towers. It was decided that Satan Tec was the only viable option.

Councilman Orvis told the board that he is not comfortable spending 40,000 + of the taxpayer’s money to have a SEQR done and end up not having turbines …
Supervisor Reinbeck said he felt the same way

Supervisor Reinbeck resolves to “discontinue the process of amending the Town of Cape Vincent Zoning Law to regulate wind towers.”

  • The motion was seconded by Councilman Mickey Orvis

  • Supervisor Rienbeck-Aye Councilman Mason – Abstain

  • Councilman Orvis-Aye Councilman Wood – Abstain

  • Councilman Schneider – Nay Resolution Denied

  • The motion does not carry, but the zoning process is essentially dead.

Reinbeck further states, “I will request the Planning Board adopt our proposed wind tower regulations as a guideline during their site plan review process.”
This conforms to PBC Edsalls June 14, 2006 request but is at odds with recommendations by others, including the Town’s attorney, to adopt a wind law.
This is about the time that Supervisor Reinbeck stops soliciting advice from the Town’s attorney (Mark Gebo) and begins following the advice of an Albany attorney in the office of the New York Association of Towns.
Remember Reinbeck’s quote from the Watertown Daily Times “Everything they’ve done and the Planning Board has done, they’ve done with legal advice.” he said.
Was this a charade based on legal advice that they received?

    Orvis may not have contracts but he does have an agenda.

    Monday, August 22, 2011

    Article X Streamlines Corruption

    Article X of the Public Service Law, which is designed to streamline the siting review and approval process for major electric generating facilities.
    From the beginning, there have been problems with wind development in New York State.
    Article X is back, is it an attempt to fast track wind energy development? The reason that wind development is slow in New York is not because the process needs streamlining.
    What is slowing the process is not procedural it is the corruption.
    Communities are having monster wind projects shoved down their throats and as a result, citizens have found it necessary to go to court to protect their homes and health. Because of the corruption surrounding wind development, Cuomo established his optional code of conduct for wind development in New York State unfortunately for the citizens in our state this code is nothing more than window dressing, a politician’s way to address the problem without having to do anything about it. Not only is Cuomo’s Wind ethics code optional but apparently, the Attorney Generals task force sees enforcement of the ethics code optional as well.

    The problem with our lawmakers in Albany is that they are so entrenched in corruption that when decent honest people in communities need protection from corruption Albany sees it as a technical process eliminating the human element.
    As long as we keep feeding the bureaucratic pig, it will continue to devour all sense morality in our state.

    Sunday, August 21, 2011

    Mason & Mason Said They Would Not Abide by Attorney General’s Opinion

    February 2010,
    To clarify the conflict situation over wind contracts and municipal officers in Cape Vincent Supervisor Urban Hirschey sent a letter requesting an informal opinion from Attorney General Andrew Cuomo’s office regarding ethics, in voting on wind development issues. However, this action was not without controversy. Supervisor Hirschey said that an additional inquiry might be sent because Mason, Mason and Orvis were critical of the letter because it sought advice on whether board members holding a wind lease agreement with wind companies should continue to vote on wind development issues. However, it did not pose the question of whether the board members that were members and former officers of the wind power ethics group (WPEG) should also be required to recuse themselves from discussions and voting on wind issues.

    This idiotic question was in the original draft, but later omitted.

    Supervisor Hirschey is a former chair of WPEG group, and Councilman Brooks Bragdon served as an officer.
    Mason, Mason and Orvis took exception to the portion of the letter that read,”It is my understanding that the Town Board members with contracts will abide by your opinion. “The two said they did not agree to this term. Additionally, they were unhappy that the letter was sent without board approval. These were the reasons that they gave for refusing to sign the request letter.

    Below is the letter Town Of Cape Vincent Supervisor Urban Hirschey sent
    to New York State Attorney General Andrew M. Cuomo , asking for an opinion , on wind farm-related conflicts of interest in the town.

    Informal opinion Given in 1995 on conflicts of interest by assistant attorney general ~ NY State

    November 16, 1970:
    The Cape Vincent Town Board adopted a Code of Ethics that stipulates town officials “shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with his official duties.” The Code further directs officials to publicly disclose “the nature and extent” of any financial interest, and “each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment.”
    Cape Vincent Ethics code

    Green Jobs Fall Short of Expectations

    The NY TIMES
    Green Jobs Fall Short of Expectations Number of Green Jobs Fails to Live Up to Promises

    California: In the Bay Area as in much of the country, the green economy is not proving to be the job-creation engine that many politicians envisioned.
    President Obama once pledged to create five million green jobs over 10 years. Gov. Jerry Brown promised 500,000 clean-technology jobs statewide by the end of the decade. However, the results so far suggest such numbers are a pipe dream.
    “I won’t say I’m not frustrated,” said Van Jones, a communist and the founder and president of Green For All,and board member of the Apollo Alliance, who served briefly as Mr. Obama’s green-jobs czar before resigning under fire after conservative critics said he had signed a petition accusing the Bush administration of deliberately allowing the Sept. 11 terrorist attacks, a claim Mr. Jones denies.

    The Green Jobs Green Homes movement is a sham. The implantation of the Green Energy economy has helped bring our country to its knees. If this continues, we may someday be transformed into a third world country. Perhaps this is the intention…

    New york has a green jobs agenda as well.

    October 2009 Gov. David Paterson signed the Green Jobs/Green New York Act of 2009 into law.
    “New York is on the way to becoming a global green leader,” said Dan Cantor, executive director of the Working Families Party (WFP). “Using today’s technology, this program will save millions of homeowners on their utility bills, reduce New York’s carbon footprint, and create thousands of badly needed jobs.”

    The Green Jobs/Green New York Act of 2009 Was the product of two years of work by a coalition of multiple stakeholders, led by the Center for working families (CWF) and the WFP, with active engagement by the Laborers International Union of North America (LIUNA), the New York Apollo Alliance, and many others. The coalition worked in cooperation with Assembly Speaker Sheldon Silver, who authored the bill and carried it through unanimous passage in the Assembly.

    APOLLO ALLIANCE The San Francisco based Apollo Alliance is a very powerful coalition, comprised of radical environmental groups, organized labor unions such as the SEIU, the AFL- CIO ,UAW, and the United Steel workers, the IBEW, and the LIUA partnered with “Social Justice” groups like ACORN and its myriad of underlings… (This is the single largest radical group in America, with more than 400,000 dues-paying member families, and more than 1,200 chapters in 110 U.S. cities.)
    The Apollo Alliance has ADMITTED that they wrote the Stimulus Bill AND the Cap and Trade Bill.
    The Apollo Alliance network is an incestuous, tangle of interwoven organizations and political activist groups, coming together to reshape our American values and ideals. Under the guise of promoting a clean energy economy.
    Acorn a member of the Apollo Alliance coalition (reportedly Acorn Declared Bankruptcy Nov 2010)

    Darrel Aubertine was closely aligned with the Working Families party; The Working Families Party (WFP) was a front group for the radical cult ACORN. The Working Family party functioned as a political party in New York State and Connecticut, promoting ACORN-friendly candidates.

    ACORN an active member of the interwoven organizations and political activist groups, with the goal of reshaping our American values and ideals. Under the guise of promoting a clean energy economny
    The director of New York Apollo Alliance, Jeff Jones is former member of a deadly, domestic terrorist organization the Weatherman he is quoted as saying, “To this day, we still think it was the right thing to do.” This is a comment he made about his former terrorist activities [The Days of Rage] The Apollo Alliance helped construct New York State’s Energy Policy.

    I might add that this policy contains a section concerned with, environmental justice; apparently, there must be a typo. It should read selective environmental justice. As any one that has been in the path of the rampant lust for wind development in New York State can attest to. There isn’t any justice for us.

    Candidates know that when they're on our line, they're committed to certain things,”

    Acorn CEO. Bertha Lewis was quoted in the above statement saying that candidates are committed to "certain things" did she mean things like the Green jobs bill?
    Another affiliate of Apollo participated in writing the Green Jobs Bill as well, Lawyers for Green Jobs.
    Lawyers for Green Jobs were formed in 2008 by a group of young environmental attorneys who met while attending the New York City Environmental Law Leadership Institute (NYCELLI). Since that time, L4GJ has been engaging national and New York-based green jobs advocacy organizations, such as Green for All, the New York Apollo Alliance, and several environmental justice groups, to foster a statewide policy for green jobs in New York.

    Senator Darrel Aubertine, Lead sponsor of the Green Jobs bill in the Senate.
    This bill Provided $112 million of capital funding from the Regional Greenhouse
    Gas Initiative (RGGI),
    $70 million of which will be for a Green
    Jobs-Green New York revolving loan fund designed to commit resources
    fully during this phase with no less than 50 percent of capital monies
    going to residential retrofits.

    Additionally it provided $2-4 million of RGGI funds to be used to establish green job
    training throughout the state to establish a green workforce for the
    2151 century and requires the NYS Department of Labor to work with
    NYSERDA to development additional training resources.

    There will be tight control on these funds. The legislation calls for an advisory board to monitor all of the projects and how the cash is being distributed.

    There were a number of places in the legislation where ACORN, SEIU, and their affiliates stood to gain access to this green slush fund. Hundreds of millions of your tax dollars.

    This bill Provided $112 million of capital funding from the Regional Greenhouse
    Gas Initiative (RGGI), $70 million for the Green
    Jobs-Green New York revolving loan fund designed to commit resources
    fully during this phase with no less than 50 percent of capital monies
    going to residential retrofits. In addition, $2-4 million of RGGI funds to be used to establish green job
    training throughout the state to establish a green workforce for the
    2151 century and requires the NYS Department of Labor to work with
    NYSERDA to development additional training resources.

    The legislation called for an advisory board to monitor all of the projects and how the cash is being distributed.

    The names of the advisory board members are listed below, WFP members are in red:

    Monday, August 15, 2011

    Once in a Lifetime Experience

    Back in the eighties, when I was attending nursing school in Rochester NY, I would ride the bus into the city on a daily basis.

    It was then , that I first discovered a tiny hole- in- the -wall grocery store, this store was very small, but it was like no other grocery store that I had ever seen.
    This phenomenal little store was my first introduction to Wegmans.

    I began shopping there almost daily and throughout the years that I lived in Rochester I continued to shop at Wegmans. Their stores began to multiply and they continued expanding and improving adding many more amenities. Wegmans was a great place to take visitors from out of town, for a unique shopping and entertainment experience.

    When we moved to Cape Vincent in 1999, to my disappointment, I soon discovered that there wasn’t a Wegmans in the area and sadly, the closest Wegmans was in Syracuse NY.
    Yes Cape Vincent has a magnificent beauty that is like no other. However, my guests would often remark that they missed the excursions to Wegmans. I had to agree that life without Wegmans was just not the same. Something was missing, I pondered, is my life doomed to be lackluster and dull without Wegmans for entertainment …

    Alas, I have found an ideal replacement to fill this void. I will no longer lament the loss of Wegmans, now that I have a new source of entertainment for my guests.
    I am now able to provide my house guests with a once in a lifetime experience of witnessing History.
    These trying times in Cape Vincent are historically significant. What we are watching unfold before our eyes is something that very few people ever experience in their lifetime, they only read about in history books.
    The most recent bit of history in Cape Vincent was the passing of a resolution by our corrupt Town Board members with the deliberate intention of denying citizens of their civil rights.
    We have front row seats to the biggest thing that may ever happen in Cape Vincent’s history. This latest stunt by the miscreants that sit on our Town Board may exceed all expectations of destroying their insidious evil oligarchy.

    Their latest actions may propel Cape Vincent into the national spotlight.

    The Good – ole -Boys network conspired to deny citizens of their right to vote.
    Is this the straw that breaks the camel’s back?

    As they say,"Fasten your seatbelts—it's gonna be a bumpy night!" and entertaining beyond compare not to be rivaled even by Wegmans.

    Sorry Danny, the banjos are calling...

    Thursday, August 11, 2011

    Escrow Accounts Pay for Whiteman Osterman & Hanna's Services at the Discretion of BP $ ACCIONA

    UPDATE: 11:14 AM

    At last night's Planning Board meeting Citizen Michele Oswald asked how the law firm Whiteman Osterman and Hanna are being paid for their services. Planning Board member Richard MacSherry told her that they were being paid from the escrow accounts set up by the developers. Below are the terms of the escrow accounts between BP and Acciona and the Town of Cape Vincent.

    Payment for all services that Whiteman Osterman and Hanna perform for the Town of Cape Vincent RE: the site plan process are dependant upon approval by SLW $ BP before payment is allowed .

    This is what Supervisor Hirschey had to say about the escrow accounts...

    Very soon after taking office I looked into the Escrow accounts which up to then were not available to the public. Over the course of the next few months, I took steps to make accounts more transparent and to have more than one signature approving the invoices. Nonetheless, the brevity of the documentation astounded me. There was neither a correspondence folder nor one piece of written correspondence pertaining to the expenditure of over 100000. Billed by lawyers and engineering Company on the SEQRA process! Upon making inquiries to Whiteman Osterman and Hanna, I was told that there was not much written communication and that it was mostly just talk. Nonetheless, they would send me what they had. To this date even after several reminders, I have not received any copies of emails or written correspondence.
    Urban Hirschey

    Additionally all the payments were authorized by Ex~Supervisor Rienbeck with no accounting of the specifics of what was done and the costs.

    The details about the escrow accounts ~
    DEC 19,2006:
    The Town Council established a "designated checking account" with wind farm developer AES Acciona Wind Power NY .
    The company has plans for a wind farm, St. Lawrence Wind Power, in the town's agricultural district, and must reimburse the town for all costs incurred during the environmental review process.
    An initial $25,000 was deposited into the account. Developer Todd R. Hopper approved the payment of one bill, for $1,494 to Bernier, Carr & Associates, and Watertown.
    Town Supervisor Thomas K. Rienbeck said the bill was for consulting services.

    December 14,2006:
    Town Board meeting~
    After some discussion, Councilman Orvis made the motion to authorize Supervisor Rienbeck to sign a Designated Checking Account for Site Plan Review Agreement between the Town of cape Vincent and Todd Hopper representing St. Lawrence Wind Power LLC. Councilman Wood seconded the motion. All voted aye. Todd Hopper presented the supervisor with a check to start up the Checking Account.
    Wind conflicted board members , Mason and Wood voted on the escrow acct, which is a financial agreement between the town and a wind company. According to the opinion Rendered By Whiteman Osterman & Hanna they should not have voted on the escrow account, however this opinion was not given until July of 2008.

    Town Board Minutes From December 14,2006
    where TB members voted to authorize the Escrow Account

    Acciona~SLW ~ Escrow Account Document page 1

    Acciona~SLW ~ Escrow Account Document page 2

    Acciona~SLW ~ Escrow Account Document page 3

    Acciona~SLW ~ Escrow Account Document page 4

    Acciona ~SLW~ Escrow Account Document page 5

    January 11, 2007:
    Town Board meeting~
    Supervisor Rienbeck asks for permission to sign the agreement with the BP Wind tower group regarding their Escrow Account. No resolution to authorize the escrow account, just permission...
    Minutes From Town Board Meeting January 11,2007

    British Petroleum Escrow Account Document Page 1

    British Petroleum Escrow Account Document Page2

    British Petroleum Escrow Account Document Page3

    British Petroleum Escrow Account Document Page4

    British Petroleum Escrow Account Document Page5

    British Petroleum Escrow Account Document Page6

    Tuesday, August 9, 2011

    And Turbines Became Utilities

    At the planning Board meeting of November 8, 2006 Wind leaseholder Chairman Edsall asked for a motion to determine if a wind turbine farm is an acceptable site plan use in the Agricultural, residential district. T Ingersoll made a motion to the above site plan use and was seconded by A. Binsley. All in favor. Vote 5 in favor, 0 opposed 0 absent. Therefore, the motion was carried.

    Todd hopper Acciona’s St. Lawrence Wind’s project manager submitted their site plan application.

    The Chairman advised SLW that we will be following existing zoning laws.

    Interestingly enough St. Lawrence Wind Farm Site plan application lists the projects zoning classification as Light Industrial, commercial, and Utilities.

    Additionally SLW's application requests that the Town find that the Wind Energy Facility is permitted as a site plan use within the Agricultural Residential district.

    Just minutes before SLW submitted their application Edsall and his Planning Board had made the determination that turbines are an acceptable site plan use.

    Immediately after Acciona submitted their application T. Ingersoll made the motion for the Cape Vincent to be lead agency and G. Mingle seconded the motion. All in favor. Vote: 5 in favor, 0 opposed 0 absent. Therefore, the motion carried.

    St. Lawrence wind’s application submitted before the board voted to be lead agency already identified the Cape Vincent Planning Board as lead agency.

    Section 315 of Cape Vincent’s zoning law provides eight specific permitted uses for the Agricultural Residential (AR) district, and twelve specific uses which are permitted by site plan review, the PB did not identify under which of the twelve authorized site plan uses a large, commercial wind power project would fall, nor did the board provide a basis for their determination.
    Consequently, without explanation their actions make it impossible to determine the legality of their actions.
    A Large scale Commercial Wind Project is not eligible for site plan review under Cape Vincent’s zoning law.
    The fact that the Planning Board made no determination as to which of the twelve site plan review uses were applicable is understandable, since none are clearly identified as a site plan use in the zoning law.

    The Planning Board acted beyond its authority when it made the determination concerning project eligibility for site plan review.
    NY Town Law does not give the PB the power to interpret zoning law.

    Interpretation of zoning law is the responsibility of Cape Vincent’s Wind conflicted Zoning Enforcement Officer Alan Wood .

    Edsall was doing what any obedient wind lease holder is expected to do . Working hard to fulfill his wind lease loyalty agreement. It does not matter that his lease is with British Petroleum his actions in this matter concerned both Acciona and British Petroleum’s projects . The determination that a wind turbine farm is an acceptable site plan use in the Agricultural, residential district. Set the foundation for wind development in Cape Vincent.

    Sources Correspondence between WPEG attorney Judy Drabicki
    Planning Board minutes Nov. 8 2006
    Acciona’s site plan application

    Saturday, August 6, 2011

    Press Release ~ Governor Cuomo Signs Power NY Legislation

    Governor Cuomo Signs Power NY Legislation

    New Energy Law Provides Streamlined Permitting Process for Power Plants for the First Time in Nearly a Decade; Encourages New Investments in Clean Power Plants

    Albany, NY (August 4, 2011)

    Governor Andrew M. Cuomo today signed The Power NY Act of 2011, an omnibus energy package that encourages new investments in electric generating facilities across New York and creates the nation's first statewide "on-bill" recovery program to increase energy efficiency for homeowners and businesses.

    The new law will create thousands of jobs and set the state on a course of reliable, cleaner energy while strengthening environmental protections.

    "We must rebuild and expand New York's energy infrastructure to meet the demands of the 21st century and grow our economy," Governor Cuomo said. "This law will lead to new investment and create tens of thousands of jobs across the state. The act gives community members a voice in the siting process and will maintain New York's position as a leader in environmental protection. I thank the legislature for their support of this legislation."

    The Power NY Act establishes a new process for the siting of electric generating facilities and repowering projects. The new law encourages investments in clean power plants and affords communities more opportunities to meaningfully participate in the siting process. After years of gridlock, the measure passed with support from industry, environmental advocates, consumer groups, labor and community organizations.

    Additionally, Power NY includes the creation of a historic "on-bill" recovery program that will encourage homeowners and businesses to invest in energy efficiency under the "Green Jobs/Green New York" program. New York is the first state in the nation to create a statewide program of this scale. "On-bill" allows homeowners to take out low-interest loans from NYSERDA for energy efficiency measures, to be paid back on their utility bills. It will help create thousands of green jobs, result in greater energy efficiencies and lower energy bills for homeowners and businesses across the state.

    Lieutenant Governor Robert Duffy said, "Today's signing shows that New York State is a leader in embracing policies that foster economic growth and job creation. Thousands of businesses across the state depend on a reliable supply of electricity and Power NY will ensure that companies looking to invest in New York can be certain that they will have access to an affordable and adequate source of electricity. Governor Cuomo has repeatedly promoted measures that will lead to new jobs and economic development, and this new law will strengthen New York's power producing sector and contribute to the rebuilding of our state's economy."

    Gavin J. Donohue, President & CEO of Independent Power Producers of New York, said, "The establishment of this law is long overdue and important for New York State. A new siting law is vital to New York's future. The comprehensive power plant review process under this new statute will bring infrastructure investment, jobs, and increased reliability for the electric system. This legislation sends the message that New York recognizes the need for affordable and reliable electricity. As the review and construction of power facilities can take several years, the enactment of this law now provides a clear framework to site and repower facilities to meet increasing electricity demands. IPPNY thanks Governor Andrew Cuomo for his leadership, as well as the legislature for their hard work to make this law possible."

    Edward Malloy, President of NYC and NYS Building and Construction Trade Councils, said, "New investments in clean power will lead to the creation of thousands of jobs across New York. The innovative 'on-bill' recovery program will lead to fresh demand for energy retrofits in homes and businesses across the state, invigorating the many businesses that provide such services and leading to new hiring and job creation. I thank Governor Cuomo for his leadership in implementing policies that allow for new business expansion and most importantly create jobs for New Yorkers."

    Carol E. Murphy, Executive Director, Alliance for Clean Energy New York, said, "From the beginning, Governor Cuomo has emphasized that any investment in new power production must uphold New York's strong environmental protections, and I commend the Governor today for signing a bill that reinvigorates the energy industry while ensuring robust safeguards for the environment. By providing resources for communities to have a voice in the siting process, and a clear, timely path for decision-making, the Power NY Act recognizes the importance of involving all stakeholders in the decisions about new power plant facilities. The law will help New York lead the nation in clean energy production and green jobs."

    The Power NY Act of 2011:

    •Enacts a new permanent streamlined permitting process for power plants greater than 25 megawatts by creating a "one-stop" multi-agency siting board that will make siting decisions

    •Empowers communities to participate in the process by requiring power plant applicants to provide "intervener funding" for the community affected by the proposed plant to hire experts and lawyers

    •Improves the environment and public health by requiring the siting board to determine whether a proposed facility will create a disproportionate environmental impact in a community and, if so, requires applicant to minimize or avoid those impacts

    •Directs the Department of Environmental Conservation to promulgate emissions standards for carbon dioxide, furthering New York's efforts to address climate change

    •Reduces energy demand by allowing homeowners and businesses to pay back loans for energy efficiency upgrades using a surcharge on local utility bills

    •Creates jobs by encouraging investment in new power plants and energy efficiency retrofits

    •Directs NYSERDA to study potential policy approaches to increasing solar energy development in New York

    Contact Information:
    Governor's Press Office
    NYC Press Office: 212.681.4640
    Albany Press Office: 518.474.8418