CAPE VINCENT WIND HISTORY IV

On Jan. 10, 2007, Edsall's PB received Acciona’s DEIS but did not allow the public access until Feb 1, 2007 (some question the legality of this delay).
At the same time, to resolve the issue over the decision to call turbines utilities, CV Zoning Board of Appeals (ZBA) decided that turbines could be designated as utilities under CV current zoning law. [1] This allowed Edsall complete control over wind development by using the site plan review process, avoiding any new zoning regulations that might restrict the wind developments, including noise regulations.
ZBA member John Wiley voted in favor of this measure without disclosing his brother had a wind contract thereby creating a conflict of interest. Wind Power Ethics Group filed suit challenging the ZBA decision to classify turbines as utilities. One unintended consequence of using existing law without a specific amendment for wind was that utilities are permitted not only in the town’s agricultural and residential district, but in the river and lakefront districts as well.

April 7, 2007, the WDT reported that Town Supervisor Thomas K. Reinbeck defended town official’s actions including the members of the ZBA. Mr. Reinbeck said town Attorney Mark G. Gebo advised the ZBA that turbines could be considered utilities. The WDT also reported that Mr. Gebo declined to comment, citing attorney-client privilege. He said he would argue the Zoning Board of Appeals decision is correct unless the town directs him not to. “They made a decision they expect me to support, and I will support it,” Gebo said.[2]

Dec.19, 2007, BP’s DEIS was accepted by the PB. (Chairman Edsall did abstain from voting to accept ). March 13, 2008, at the Town Board meeting, Edsall announced that he has been, “Buying an ounce of protection,” by hiring an Albany law firm, Whiteman Osterman & Hanna, who specialize in litigation especially when you get to the site plan review process and pilot programs. Edsall, on the advice of newly hired legal counsel, finally made it official when he wrote a letter May 15, 2008, and disclosed his contracts with British Petroleum and conflicts of interest.[3]

Aug. 14, 2008, Reinbeck announced that a committee will be formed to revise a draft wind law developed by the Town’s new the wind lawyers.[4] The committee met frequently throughout the fall and winter completing a draft law in January 2008. Reinbeck told the committee he would forward the draft to the Whiteman legal team for their review. During this same period, Reinbeck became irritated by an ad printed in the Watertown Daily Times describing Cape Vincent as an ethical black hole.[5] In March, the finding of the appellate court confirming the lower court decision that the Cape ZBA acted within its jurisdiction to declare wind turbines utilities buoyed him in his actions.[6]

March 25, 2009, the PB accepted Acciona's supplemental environmental impact statement and this marked the first recusal for conflicted board member Karen Bourcy.
[7]
A citizen at the April 2009, TB meeting asked, “Do you see any value in Attorney General Cuomo’s code of Conduct for Wind Development.” The TB agreed that there is no value in the AG’s wind code of conduct. Reinbeck replied that if we haven’t been investigated I guess we are all right. Marty Mason said that the code is a “waste of time” and Donny Mason agreed with the other board members and added it does not apply to small towns. Conflicted Councilman Joe Wood said, “Basically you say we should adopt a wind law, but on the other hand you are saying three of us have conflicts of interest and you are going to call us on it.” “How can I adopt a wind law if in your second breath there is a conflict of interest and you are going to nail us?”[8]

Feb 2, 2008, the Thousand Islands Sun quoted Reinbeck’s response to citizen’s questions about Board members voting with conflicts of interest. Reinbeck stated that while he didn’t have anything legal to back up his assumption, he thought that once someone accused of having a conflict of interest was re-elected to the same position, the conflict of interest was void. “Mind you I’m not one hundred percent about that, but I speak for the board when I say that if we had not folded under the threats of lawsuits, we’d have zoning laws right now.” Their responses suggested that the TB derailed the wind law process in 2006, and passed it on to the PB strictly to avoid voting and avoiding conflicts of interest. Rather than adopting a protective wind law, they opted for more control over the process through the PB, even though it meant exposing riverfront and lakefront zoning districts to wind development.[9]

The board members resented the recording of the TB and PB meetings and at the planning board meeting Aug.12, 2009, Binsley said to the citizen taping the meeting “take your camera and shove it right where it belongs… And you can’t bring that thing to a meeting.”[10] At the TB meeting Aug.13, 2009, Reinbeck called the police to stop the videotaping, which was unsuccessful since it was a legal activity.[11],[12]
At this Aug. 13, 2009, meeting a petition, asking for a wind development moratorium with over 650 signatures on it, was submitted. The TB had decided that they would support a moratorium to protect the River and Lake District, two areas that were never intended for wind power development.

The Jefferson county planning board said that a partial moratorium did not make sense and recommended a full moratorium. [13] Reinbeck and Donny Mason’s position on a town wide moratorium was quoted in the WDT. "Currently we have two projects under review in the Ag district and we're not going to suspend those," Mr. Reinbeck said. "One is almost complete." Councilman Donald J. Mason agreed saying, "Those projects are too far along and it's not fair to the wind companies, to begin with, to suspend them now." [14]

Previously Reinbeck had made other statements to the WDT about his position on turbine setbacks "I think we're over regulating on these setbacks," Mr. Reinbeck said. "I'm always on the lookout for being sued for something, Supervisor Thomas K. Reinbeck said.[15] “I can only see this being a very controversial issue if we eliminate turbines that are planned as part of an ongoing project."

Nov. 12, 2009, the now lame-duck Tom Reinbeck proposed the adoption of a draft wind law prepared by Rienbeck’s wind committee earlier in the year. This version of the law, however, was missing the detailed noise section developed under the guidance of the town’s engineering consultants, Bernier Carr Associates and Cavanaugh Tocci Associates. Reinbeck explained that noise portion was taken out because it was too restrictive and would have prohibited development rather than regulate it the conflicted council voted .
Councilmen Donald Mason, Acciona leaseholder, Marty Mason, Acciona and BP leaseholder, and Joe Wood, Acciona leaseholder all vote AYE for Resolution #17 to enact a wind law . Additionally, resolution #17 was not included in the minutes. However; Resolution #17 is on file in the clerk's office.[16]

link here to CV HX #I

link here to CV HX # II

link here to CV HX # III

Sources:

[1] ZBA Minutes 2/05/2007

[2]WDT article 4/7/2007 Reinbeck quotes

[3] transcript of PB minutes 12/19/2007

[4] WDT article 8/15/2007 ~ wind committee

[5] WPEG WDT ad CV "Ethical Black Hole"

[6] Court Doc. WPEG ~ V ~ CV, ZBA

[7] WDT article 12/19/2007 ~Cape Planning Board Accepts BP's DEIS

[8] Video of TB "Andrew Cuomo, AG Cuomo A Waste of Time"

[9] TI Sun article Dog & Pony Show

[10] PB member Andy Binsley Video Take your camera and shove it

[11] TB meeting~ Reinbeck ~ call the cops part 1

[12] TB meeting Reinbeck ~ call the cops part 2

[13] JCPB recommends full moratorium

[14] WDT article ~ 7/29/2009 Partial moratorium proposed by town

[15] WDT article 12/21/2008 ~ Reinbeck quotes

[16] minutes 11/17/2009 & Resolution # 17 ,Wind law