Thursday, February 26, 2015

NYS Committee on Open Government Department of State responds to my inquiry concerning the video taping of public meetings

I recently requested an opinion from the NYS Committee on Open Government (Coog)
Department of State concerning an issue that came up concerning posting videos of public meetings on the Internet. Below is a copy of my email exchange between me and the Coog.



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


NYS Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue, Suite 650
Albany, NY 12231


Mr. Freeman,
I have an issue concerning videotaping public meetings.
I posted two video clips from a Town of Alexandria town board meeting on the Internet.
One of a private citizen addressing the public, and a response to him from the executive director of the local land trust.
The resident has asked me to remove the videos from my website implying that I have done something wrong. He took issue with the the segments I chose to post and the titles of my videos etc...  In support of his request that I remove the videos he cited the opinion of “a client of his who is a lawyer.”
I have spoken to you in the past about these same issues when I was living in Cape Vincent,NY , and normally I would not be seeking your comments on this same issue,  however  I took this person’s comments to me regarding the opinion of “a client of his who is a lawyer.”  as a veiled  threat.  
So the question is, is it legal to record private citizens speaking at public meetings ,and then posting segments of the meeting on the Internet ?


Thanks,
Kathryn Muschell
Wellesley Island, Ny


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NYS Committee on Open Government (Coog) Response to my inquiry
 


Dear Ms. Muschell:

It has been held that anyone may record an open meeting, so long as the use of the recording device is not obtrusive or disruptive.  Once the recording is made, you may do with it as you see fit.  Attached is an opinion that refers to two judicial decisions that deal directly with the issue that you raised. In both decisions, it was held that if a person speaks during an open meeting and is recorded, again, a person who records or gains access to a recording prepared by a government agency is unrestricted in relation to the use or distribution of the recording.  Please feel free to share the opinion, again, as you see fit!

A second copy will be sent separately.

I hope that I have been of assistance.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Screen shot of original emails below













The document below was sent to me via email  by the NYS Committee on Open Government

Department of State in  response to my inquiry



One Year Ago Today BP Announces they are pulling out of Cape

One year ago today BP Wind Energy announced it was pulling out of Cape Vincent after unsuccessful attempts to sell its 285-megawatt industrial wind farm project.
 “It’s a sad day for Cape Vincent. The few people who don’t live here are now running the town,” leaseholder Harvey J. White said, referring to how seasonal residents practically took control of the town board by changing their residencies for the sole purpose of voting for anti-wind candidates for Cape Vincent Town Council. Continue...

1000 Islands RiverQuest by Helicopter



Published on Aug 2, 2013 The St. Lawrence 1000 Islands area is one of the most unique areas in the world. Comprised of 1864 islands shared by Canada and the USA, the islands experience 20% of the world's unfrozen fresh water flowing past their shores. This is the river that opened up central North America and was the chosen Summer home for 19th century inventors, entertainers, Presidents and everyday nature lovers.

Sunday, February 22, 2015

Assbackwards Thinking in the Thousand Islands

The Game Where the Right Answer is Wrong


(2/20/2015) ~ Watertown Daily Times article "Support unravels for scenic-area designation as Orleans drops out"

Following are two reasons given by town officials who represent communities opting out of SASS, a designation from the Department of State that would simply require a non-binding review for large industrial scale projects:
  1. "Why do I need another form of review,"
  2. I am "...opposed to the additional layer of review that the Department of State would require under the SASS designation."
But in the same article there is an invitation by a town official for oversight and regulation from the heavy hand of state government through Article 10 and the Public Service Commission:
  1. "I support the development of wind projects in the region due to their economic impact in generating property taxes."
So, town officials along the St. Lawrence River feel threatened by the little hand of state government in a scenic designation, but feel comfortable, even welcoming, to the heavy hand of government that could seriously curtail home rule.

This is assbackwards thinking. Our town officials should be fighting Article 10 and its state mandates and embracing a scenic designation for the Thousand Islands.

Wind towers are a benefit to community

I read the article on Burke looking at regulations on wind towers. It isn’t a bad idea, but there is one statement that should be expanded.
I live in Clinton County and don’t have enough land to place a windmill on it, but...
Continue reading at this link to the Watertown Daily Times

Saturday, February 21, 2015

SASS ~ Protecting Valuable Scenic Resources:



Early traditions of stewardship set a high standard for safeguarding and overseeing the aesthetic character of the landscape that has continued to return dividends over the years. Early efforts, motivated in significant part by a desire to protect the Thousand Islands’ environment, scenic beauty and recreation, have resulted in the acquisition of areas of public park and conservation land. The New York State Legislature summed up compelling reasons to address management of scenic resources when they enacted New York State (NYS) Executive Law 42 in 1981, and established the Division of Coastal Resources to “achieve a balance between economic development and preservation that will permit the beneficial use of coastal resources while preventing the loss of living marine resources and wildlife, diminution of open space areas or public access to the waterfront, shoreline erosion, impairment of scenic beauty, or permanent damage to ecological systems.” (Article 42, s. 912). The State Legislature included scenic character as a key coastal resource protected by law. The law’s Policy #24 encourages guarding of Scenic Areas of Statewide Significance and discourages the modification or destruction of geological forms, vegetation and structures that contribute to the scenic quality of these areas. The policy also discourages the location of inappropriate structures in scenic areas.

Friday, February 20, 2015

Support unravels for scenic-area designation as Orleans drops out

CANTON - A plan that called for 10 communities along the St. Lawrence River to earn a Scenic Areas of Statewide Significance designation has begun to unravel because some officials are concerned it could result in unwanted land conservation and create a restrictive business climate. Continue reading ...

Thursday, February 19, 2015

SASS Recognizes The blending of nature and culture






The Thousand Islands have long been recognized as an area of exceptional scenic beauty. Appreciated for centuries by local residents, the region began to attract vacationers as early as the mid-Nineteenth Century. These early visitors built spectacular homes and castles on the islands and along the shoreline of the river. The care and creativity used by these early visitors in locating and designing homes and structures that fit in with the landscape created a tradition of land stewardship and creative design that continues today. The blending of nature and culture in the Thousand Islands is unique and can be a guiding force as the region takes steps to promote and manage its scenic landscapes in the future. Today people live, visit, and invest in the Thousand Islands, in part, because of the spectacular scenery. Our beautiful river and its many islands are an important part of our quality of life and of our economy.




Tuesday, February 17, 2015

Draft report moves Thousand Islands communities closer to scenic-area designation


Municipalities in the Thousand Islands region, determined to protect waterfront landscapes from unwanted tall structures such as wind turbines and exhaust stacks, have received a draft report that’s needed to designate the area as a Scenic Area of Statewide Significance. 
Continue reading at this link to the Watertown Daily Times

What does SASS say about Wind Turbine development in the Thousand Islands?

 Siting large scale development such as highways, power lines, major subdivisions and bill boards back from the shoreline or in other inconspicuous locations to maintain the attractive quality of the shoreline and to retain views to and from the shore;


Probably the greatest threat to the future scenic character of the SASS is large scale industrial and infrastructure development within or nearby district boundaries. Large-scale projects, such as tall buildings, transmission lines, wind turbines, bridges, communications towers, should not be sited within the SASS district or within the district’s viewshed. Large scale industrial development should be sited well back from the bluff tops, and shoreline to greatly reduce the visual impacts. Modification of existing roadways, construction of new roadways, utility lines and other infrastructure often requires state or federal funding and/or permits and thus can come under the purview of this policy. Locating public infrastructure that scars sensitive coastal areas and facilitates inappropriate bluff top or shoreline development could greatly impair future scenic shoreline areas of the SASS.







 Click Image to see Boldt Castle Turbine animation





The links above are from Wise Energy.Org they were sent to me a couple of years ago by John Droz with the following statement.

Please visit our new website WiseEnergy.org. This is an extraordinary resource for anyone involved with alternative energy (e.g. wind), global warming, sea level rise, etc. Please utilize this material, and put a link to WiseEnergy.org on your local website.

regards,

john droz, jr.
Physicist & environmental advocate

Monday, February 16, 2015

Developer to revive Galloo Island wind project 
with underwater route


HOUNSFIELD — Town officials say the developer who led the Maple Ridge wind project in Lewis County plans to revive the Galloo Island Wind Farm proposal scrapped by Upstate NY Power Corp., but his plan calls for an underwater transmission route and fewer turbines than the original version.
Continue...

Benefits of SASS ~3~

The information generated by this project will also provide background and improve opportunities for grants. Designation as a Scenic Area of Statewide Significance greatly increases a region’s ability to obtain public grants and private foundation support for a range of projects. Grants including economic development, tourism promotion, land conservation, environmental restoration, historic preservation, downtown revitalization and sustainable transportation are among the many potential sources of funding that will be enhanced by state-wide recognition. Potential funding sources include the Federal Transportation Enhancement Program (TEP), the Northern Border Regional Commission, and applicable categories in the New York State Consolidated Funding Application (CFA) such as the Local Waterfront Revitalization Program (DOS), NY Main St. (Office of Community Renewal), Market New York (Empire State Development), and Municipal Parks (Office of Parks, Recreation and Historic Preservation). Private investment in residential and commercial real estate, businesses, and infrastructure will also be encouraged by the fact that the region has been officially recognized as a unique and valuable asset to the entire state.






Sunday, February 15, 2015

Benefits of SASS ~2~


Another important purpose for the project is the promotion of tourism and the marketing of the region to the rest of the state, the country and internationally. Identifying the Thousand Islands as one of the most scenic coastal areas in New York State will more emphatically put the region on the map, attracting visitors and boosting its tourist-based economy. Promoting the region based on sustainable development practices will create a unique image for the Thousand Islands as a beautiful, carefully overseen area that values its scenery and environmental quality.

For decades a central focus of promotional efforts in the Thousand Islands has been the region’s scenic beauty. Books, brochures, marketing campaigns and ads for businesses almost always feature striking photos of the area’s scenic vistas. If the Thousand Islands are designated one of the state’s top scenic destinations promotion of the region’s tourist trade and economy will be greatly enhanced. People and businesses will want to come to an area that has received a major scenic designation after a rigorous review and analysis process. The SASS designation should be cited in promotional materials and brochures. And visitors, investors, new businesses and new residents will be reassured to know that measures have been taken to conserve and enhance the scenery for future generations.



Link here to full report~ Pdf

Final draft appendices

MAPS

Saturday, February 14, 2015

Benefits of SASS ~1~

One purpose of this project is to recognize and document what makes this region of New York State’s coastal area scenic and to use currently available tools to ensure that future large scale development projects are located and designed in a way that minimizes damage to the region’s scenic character and its economy. If scenic views are ruined, if large towers and tall buildings are built in inappropriate places, if wildlife habitat is damaged and the environment is degraded, the region’s tourist-based economy will suffer. Tourists come to see and visit historic castles and architecture; to boat and fish on the St. Lawrence River and its tributaries; and to bird watch, hike and hunt in natural areas. While people can travel to other places in the world for these activities, the unique scenic landscapes that combine historic, natural and recreational attributes are the reason that people come to the Thousand Islands for their vacation time. The eight communities partnering in this project recognized that New York State’s Scenic Areas of Statewide Significance Program offers a means to address their concerns about overseeing potential impacts in their unique scenic landscapes.



Link here to full report (pdf)

Link to TIRAP Appendices

Maps

The Draft Final Thousand Islands Regional Assessment report has been released



The spectacular scenery of the Thousand Islands is central to the region’s quality of life, and to its economy. Guarding this resource for future generations and promoting the economy of the region is a central goal to the project, called the “Thousand Islands Regional Assessment”.




 We are pleased to announce the release of the Draft Final Thousand Islands
Regional Assessment report.  The report is available for your review at the
SASS website

http://www.scenic1000islands.com/

Click on 'Final Draft Report' at the top of the page to download the report.

The report is the most comprehensive assessment of the Thousand Islands
region that has been done - ever!  As you know, it represents a lot of
work, effort and money - $150,000 in combined grant money and in-kind
services.  We hope you take the time to study it carefully, and if you
agree it has value for your community, let your local officials know your
opinion.
‹ Pass it along to others who may be interested in the issue, effort and
the report.

An upcoming Department of State public hearing is scheduled for 6:00 PM on
April 13, 2015 at Cape Vincent, NY.  We are still in the process of making
final arrangements for a venue.   At the conclusion of this hearing the
municipalities will have the opportunity to embrace the designation or opt
out of the process if it is not for them.  You should also be aware that
the final report may have some material removed if some communities
actually decide to opt out of the process.  So the final report and
designation will be tailored to those communities choosing to be included
in the designation.

If you have any questions or concerns please let me know. Thank you for
your patience and continued support.

Ron Bertram
Supervisor, Town of Hammond
TIRAP Steering Committee


Click this link to directly view or download TIRAP report pdf file



Friday, February 13, 2015

Land Conservation Director Scenic Hudson Seth McKee

"People who I have spoken to about our experience with the NYS Scenic Areas of Statewide Significance program(SASS) may not be representing exactly what I said"


Feburary 11,2015 ~Alexandria NY 

SASS was a topic of lively  discussion at a recent Town of Alexandria board meeting. 
"Life Long resident" Trevor Garlock stated that he had been in contact with Seth McKee from Scenic Hudson land conservation group . Garlock described the relationship between SASS and land trusts as one that enabled the land trust to get funding and grants in order to acquire more land . The uncut video of what he had to say is below. After Mr. Garlock gave his speech Jake Tibbles the Executive director of  the Thousand Islands Land Trust ( TILT)  challenged Garlock's characterization of how TILT would benefit from SASS.  Tibbles then read the letter below from the Land Conservation Director of  Scenic Hudson, who in it expressed his concerns that there may have been a  misrepresentation of what he had told some people about SASS  "People who I have spoken to about our experience with the NYS Scenic Areas of Statewide Significance program(SASS) may not be representing exactly what I said"  wrote McKee.  Tibbles then said (to Garlock) 
" I am wondering Treavor ,and I understand you support the land trust ,are you representing correctly
what Seth McKee is saying? " 




                                                  
Unaltered  video clip of  Trevor Garlock 
        describing the SASS- TILT relationship

Unaltered video clip of Jake Tibbles
disputing Garlock's characterization
of the TILT,SASS relationship

Wednesday, February 11, 2015

IS BIG WIND BLOWING BACK INTO THE THOUSAND ISLANDS?

This anonymous ad appeared in this weeks edition of the TI Sun.

Who is responsible?
Why would anyone want to kill SASS?
Who doesn't want the public to read the SASS report?
Who is afraid of  the SASS report and why?
Is big wind involved?


Informative Comment Concerning A Local SASS Designation



The following post is a comment from a previous post concerning 
the pending SASS designation titled
Hammond Councilman seeks your help understanding SASS ~
   Dave LaMora said...
This has been a lively discussion, but it seems to me most of the commenters are dancing around a vital part of the issue. The interest in seeking a SASS designation was born out the controversy over industrial wind development. Sure, the promoters of the idea will deny the intent was to inhibit the scope of wind development, but I for one would not hesitate to support it for that very reason.

To be candid, I have to agree with a previous commentor, that the control of development, and land use concerns, should preferably be dealt with at the local level. The New York State Home Rule Law is the basis for Comprehensive Planning and Zoning, and as such, gives municipalities the authority to preserve and protect the physical and scenic nature of their region. However,as we all know, our State government abrogated that right with the passage of The New York Power Act which established the Article X Provision for siting of energy projects. Our local laws have no ultimate authority when it comes to protecting our scenic quality from this particular threat. Since towns and counties across the State made no visible or audible protest over this theft of our right to self -govern we are stuck with negotiating the quality of life and environment with a bureaucratic advisory board who represents an overreaching state government intent on forwarding its energy policies. It seems to me a SASS designation could prove to be a valuable, effective tool to make those negotiations, or with any future potential developments that posed a similar threat to the scenic value of the region.

To say this is anti-progress or anti-development for the 1000 Islands area is missing the point. The scenic nature of this region is an integral factor in the economy, and general quality of life enjoyed by those who live , work, recreate, and do business here. If acquiring a SASS can protect and preserve those qualities, while at the same time serve as a possible catalyst for compatible development,- it has value. The intent and purpose of such a designation is not to micro-manage local zoning or planning as some fear, but to set some parammaters that define the scenic value from the State's perspective.

I prefer that we control our own destiny, by implementing our own guidelines for development that take into account preserving the precious resources we are blessed with. It has been continually, and unfortunately shown that greed and self-interest often overrule those principles, not only at the local level, but also , state and federal.

A SASS designation will not guarantee absolute protection of our scenic resources, much as the Endangered Species Act cannot protect our wildlife (eagles) when self-serving politics trump wise governance. Hell, even though a National Scenic Highway (the designation of which affords considerable protection of visual resources) runs through the heart of Cape Vincent, the new zoning law does not take advantage of it. Cynical though I may be, I still feel we would be better for having it (SASS)on the books.

In spite of my own protestations,local governments willingly rescinded their ability to determine their own fate by refusing to protest the implementation of ART.X . In the face of that, it certainly seems logical that we should seek to obtain a SASS designation.
January 27, 2015 at 12:21 AM

Tuesday, February 10, 2015

Killer Shrimp Could Invade the Great Lakes

 Killer shrimp, creatures that indiscriminately slay other animals without eating them, may soon join the list of invasive species living in the Great Lakes, a new study finds.
Continue reading ~ Live Science

Monday, February 2, 2015

HAMMOND SUPERVISOR DISPELS FEAR OF SASS

02/02/15

Dear Neighbor,

Five years ago, the citizens of Hammond gave me the privilege to hold the office of Supervisor. That is a responsibility that I have taken seriously and hopefully performed with the best interests of the Hammond people as my first objective. We have addressed a number of wanting issues; a Wind Law that was the result Of over a year's work from a broad based citizens committee, a Hammond Comprehensive Plan that also resulted from open, public participation and a regular Hammond Newsletter, improving communication with the community, to name a few. This has been done while providing good town services within budgets reflecting prudent fiscal management.

The town has now taken on another initiative that has resulted in a great deal of conversation, which I would like to take a moment of your time to discuss. This is the proposal for Hammond to participate in the application to the NY Department of State (DOS) to be designated a Scenic Area of Statewide Significance (SASS). This designation could apply to aspects of the entire American Thousand Island shoreline from Cape Vincent to Morristown and its purpose is to identify, evaluate, and preserve specific areas of scenic value within the designated area. Currently, there are only two such designated areas in NY, portions of the Hudson River Valley (1993) and The Village and Town of East Hampton, Long Island (2010). The application process is very specific, detailed and thorough as prescribed by the DOS.

I first became aware of the SASS designation during the 2009 campaign and thought that it would not only be an appropriate way to recognize and assure the goodness of the scenic view shed assets that we all enjoy in the Thousand Island region, but as possible byproducts, it could offer an opportunity to encourage multi-town cooperation, develop additional tourism, assist in obtaining grants from public and private sources that we all can benefit from, and give all of us "bragging rights". Come to find out, when the state legislation creating this designation was passed in 1991, the Thousand Island Region was used as a prime example of the type of scenic area that the state wanted to recognize.

In 2012, after some of the other Hammond issues were addressed, I contacted the towns and villages along the river to assess their interest in working together for the purpose of applying to the DOS for SASS recognition. All agreed to take a hard look at the proposal. I then asked several individuals to assist me in coordinating the effort. In June 2012, the first organizational meeting was held at the Antique Boat Museum with almost every town and village in attendance, along with Assemblyperson Russell and representatives from the DOS. Based on the interest exhibited, the steering committee proceeded with the process of applying for a $75,000 grant to cover expenses of retaining the necessary professional assistance. The Town of Hammond, with the unanimous support of the Town Board, acted as the lead agency for the purpose of the grant application. In December of 2012 the state approved the grant application from the Town covering costs related to the project. It should be noted that the grant approval also required a $75,000 contribution from the local community "in kind" or in other words, community involvement equal in value to the amount of the grant. At this time, over the past two years, numerous volunteers from Cape Vincent to the Village of Morristown have worked on this project in varied forms and that requirement has been met. Over $75,000 worth of volunteer effort has been contributed to the SASS project to make it a success. After the grant approval, Dodson & Flinker, a professional organization, had been retained to undertake the evaluation and draft the application to the DOS, an effort now approaching completion. We expect the final draft to be available shortly and the final public hearing to be held in April. During the past two years, several regional open meetings and public hearings have been held; much work in identifying and evaluating the scenic view shed of the Thousand Island St. Lawrence River region has been accomplished with both volunteer and professional efforts; many town meetings have been held including several in Hammond; a web site has been maintained (www.scenicl000islands.com). In other words, a lot of work has been done.

What is SASS? That is the question I am hearing most often. Simply put, aside from all of the possible incidental side benefits that our region might enjoy as a result of this project; multi town cooperation, tourism, improved grant activity, the sole purpose of SASS as part of the NYS Coastal Management Program is to identify, evaluate and preserve the valuable and greatly appreciated view shed of the Thousand Island Region. The identification and evaluation process is nearing completion.

Here is how the preservation portion works. First, there are NO new permits, licenses or regulations that would be required within the SASS designated area. If a preexisting state or federal permit or approval is required under existing state or federal programs, then there is one additional step in that evaluation process that asks the appropriate permitting authority to comment on any impact the request may have on the view shed. This ONLY applies to pre-existing permit, licensing or approval reviews for projects located within the SASS designated area along the river, Chippewa Creek and Crooked Creek shoreline and inland for up to one and a half miles in certain designated areas. In other words, if a proposed project already requires a permit from the Army Corps of Engineers, the Department of Environmental Conservation, the DOS or other agency, those agencies will also review the project for its scenic impact. Again, SASS will impose NO additional permits, licensing or approvals.

This shoreline area will be the only area of any concern, SASS has no impact on the balance of the town. In addition, there are NO mandated controls, regulations or modifications to existing town laws. SASS will neither encourage nor prevent any type of development in Hammond or along the Thousand Island St Lawrence River shoreline other than to provide for a scenic view shed impact evaluation if a pre-existing permit or approval is required.

To put the impact of SASS in perspective, for the period of 2000 - 2014 within the SASS designated area on the Hudson River, there were 1917 applications requiring evaluation. Of these, 23 were considered for closer review and only four were found to have a significant issue relative to impact on the view shed. The town and the region already lives easily with many state and federal programs, wet lands preservation, building codes, health laws, Corp of Engineers, DEC. We live with these regulations with little or no disturbance to our lives and they are here to protect us and our community. SASS is of the same nature. I believe that it would a great loss for all of us if we were to lose any our scenic view shed asset to trivial and meaningless actions because we didn't take this opportunity to achieve SASS status.

If you have any questions, please contact me at ron@acecontractorsny.com and visit the SASS website atwww.scenicl000islands.com.

Ron Bertram
Hammond Town Supervisor



SASS Letter to Hammond by pandorasboxofrocks