Thursday, October 31, 2013

BP's OUTRAGEOUS OUTREACH

Kathleen Burgess September 18, 2013
Secretary to the Siting Board

Re: Matter Master: 12-02056/12-F-0410
Application of Cape Vincent Wind Power, LLC, for a Certificate of Environmental Compatibility and Public Need to Construct an Approximately 200-285 Megawatt Wind Electric Generating Facility in the Town of Cape Vincent, New York.

Dear Secretary Burgess,

Please accept this letter from me and post it with the other public comments that have been submitted in connection with the referenced matter. I understand it is longer than the hundreds of other comments that have been submitted to date. However, I sincerely believe I present here a set of facts and observations that should have a direct bearing on the resolution of the matter and staff judgment about the application process that is pending.
One year ago this week, on September 17, 2012,  British Petroleum (BP) took its first step in applying for an Article 10 review process by submitting a Public Information Plan  for its Cape Vincent Wind Farm project to the Department of Public Service staff .
 Introduction:  On August 4, 2011 The New York Power Act (Article 10) was signed into law by Governor Cuomo, re-authorizing the state to oversee and regulate the siting of new and updated electric energy generating facilities, stripping the decision making process away from local communities.
Governor Cuomo acknowledged there would be controversy associated with siting issues, but that both sides in any siting controversy would be heard in a “fair process.”  From the standpoint of a small town like Cape Vincent, New York, that has been the subject of major wind power siting designs for almost a full decade by a corporate giant coupled with the loss of control over the decision making process to a distant state Siting Board, a fair process now becomes a vital issue of survival for that community.
When Governor Cuomo and certain members of the Legislature expressed the need for Article 10, one of the major factors cited was the need to bring the entire siting process out into the
open and above board.  Too often, wind developers had been operating in a clandestine fashion, recruiting local public officials to become their leaseholders and, in full effect, their local agents. Obvious ethical compromises created by these arrangements were of no apparent concern to the developers, not least of which in this respect was BP in Cape Vincent.

This kind of corporate behavior no doubt led the United States Environmental Protection Agency to recently characterize BP as a corporation that "lacks business integrity (New York Times, Nov. 15, 2012). Furthermore, this type of behavior by a company currently seeking an Article 10 project approval should be exposed and brought to light before a decision is rendered by the Siting Board – or even before an application is considered sufficiently complete to put before the Siting Board.
Bad conduct should matter. We would certainly hope that the Article 10 process is not indifferent to persistent ethical lapses by an applicant.

BP's agents and allegiances:  What is apparent is that BP sought to distance the company from any direct involvement in public outreach and community discourse, particularly activities that might have had a secretive or otherwise negative tone or association.  To do this BP employed a community outreach consulting company, Trieste Associates that in turn created, nurtured and supported a community activist group taking the name Voters for Wind (VFW). It was no coincidence, of course, that VFW was comprised of many BP leaseholders or others who had a financial stake in the BP project coming to fruition. By any measure, VFW membership includes a very small minority of Cape Vincent residents. It is anything but a “grass roots” organization.

The Article 10 application process requires BP to engage the community through a Public Involvement Plan (PIP).  BP in its revised PIP describes their relationship with Trieste Associates and VFW this way:
In 2007, BP retained the services of Trieste Associates and the company’s team of public outreach experts to assist with planning events to educate and engage the public. As part of this effort, BP assisted a group of local wind power supporters in the Towns of Cape Vincent and Lyme to form a group known as Voters for Wind.” 
BP is acknowledging a direct link to VFW as well as the thinly buffered relationship through Trieste Associates.

BP's Agent Trieste Associates:  Marion Trieste is the principal and founder of Trieste Associates. She provided a remarkable insight into her role and activities in a July 2, 2009 Wind Powering America Webinar. In the webinar Trieste describes forming Green Energy Outreach Services (GEOS) to
help our clients in the national and international wind business to promote these types of projects all over the northeast.”  She talked about her association with VFW in Cape Vincent and BP.
And this group here decided to call themselves (voter) for wind to let it be known --they actually established themselves two years ago.  And I worked with them with a BP wind power project here.  BP was - is the developer that I'm - I've been working with there.” 
Trieste makes the case as to why BP needs to remain below the radar screen in the public eye:
I always tell these developers (BP), you know, you're there to help but pretty much stay away because, you know, we don't want to be contaminated by, you know, people thinking that they're just being used by the wind developers.” 
Trieste outlines why her program is vital to the interests of developers like BP:

We can have Barack Obama”, we can have all of our politicians talking about using more renewable energy but when you start putting these, you know, turbines, large turbines in people's view sheds, it's a totally different story.” 
She continues:
So every little locality, every little town has their own ability to make or break a wind farm by creating an ordinance, wind power - wind development ordinance that's going to allow a wind farm in or say no.” 
Trieste is recognizing the importance of local politics and local governance, and more specifically local zoning laws, to the overall success and outcome of BP's project plans.  In what could be interpreted as subtle understatement she concludes:

So we really need to get our local politics, our public opinion leaders educated on this. What makes sense and what it is that's really to their advantage in their community. And the best way to do this is again through constituents. They're the ones who are going to reelect them.” 
Educating politicians in this context could include petitions and lawsuits as well as pamphlets and brochures.

BP's Front Group Voters for Wind:  From all indications VFW was created solely for the purpose of implementing BP's agenda.  Their efforts included political, public relations and, in all likelihood, measures to chill unwanted public discourse and political speech though legal intimidation.
Trieste's webinar depicts some of the details about the function and activities of Cape Vincent VFW:
So we usually have folks prepared with t-shirts or hats and that can really stand out in the crowd. So the town board elected officials, whatever, can look out in the audience and they can see oh wow, I've got a lot of supporters out here.” 

This reference may have been suggesting those town officials who had lease agreements and were also members of VFW.  One of Trieste's prominent outreach tools are petitions. In her words:
When you have the silent majority that aren't speaking out, you put a petition together and promote your wind project to your town board members as, you know, before they're having, you know, very important critical votes on allowing projects to take place or wind ordinances being developed.” 
The advocacy for the use of petitions by Trieste can be seen in the history of actions of VFW; they carried and promoted a number of petitions.

BP's Lease agreements with their binding “cooperation clauses”:   The single most common characteristic among VFW members is their wind lease agreements.  Wind companies infiltrated (the correct word given the secretive nature of it) Cape Vincent beginning in 2004 signing landowners to wind lease agreements prior to any notification or public awareness of these activities. In particular, developers appeared to target sitting local officials, both elected and appointed. These contracts were complicated legal instruments that many landowners signed without the review and counsel of any personal attorneys. 

Aside from the usual language and contractual requirements there is a remarkable clause, particularly for a local elected official, that requires the cooperation and assistance of the land owner to expedite the wind developer’s agenda.  Section 8.4 Requirements of Governmental Agencies: Cooperation  states that landowners “shall assist and fully cooperate” with BP in securing permits, approvals, environmental impact reviews and essentially anything else required by BP to get local approvals.  All of this assistance provided to BP will be “at no out-of-pocket expense to the Owner.”  It was an astonishing indifference to basic ethical standards for BP to seek a contractual obligation from local officials to put their company ahead of the people the officials were sworn to serve.

Reading down through Section 8.4 the language is even more compromising regarding general assistance:
In connection with any applications for such approvals, (Land) Owner agrees at Grantee's (BP) request to support such application (at no out-of-pocket expense to Owner) at any administrative, judicial or legislative level.”   
BP's wind lease agreement appears to be a binding contract that requires  landowners to  assist them in any way BP determines is necessary and that the cost of such assistance shall not be borne by landowners, but will be shouldered by BP alone. 

It should need no emphasis to appreciate what BP may have intended in contractually obligating loyalty, i.e., binding leaseholders to assist BP.  This requirement to “assist and fully cooperate”, even extending to public officials is shocking.   

Voters for Wind's Vice President Munk’s Testimonial:  In a testimonial that appeared on the VFW website, [Exhibit 4], Dawn Munk, Vice-President of VFW states:

With Marion Trieste at our side, this small group (VFW) developed a mission statement, elected officers, developed by-laws, and began the task of reaching out to others.”  “We have organized letter writing campaigns and carried petitions and our group now has four committees regarding very specific areas of concentration.”  “The staff at GEOS (Trieste affiliate) is with us every step of the way, providing us with information, suggestions and technical and moral support.” 
Munk's testimonial demonstrated that Trieste Associates/GEOS were the guiding force for VFW and it further suggests that nothing of any importance would be set in motion by VFW without the advice, consent and full support of Trieste and BP.

Lawsuit against the Town of Lyme:  On May 6, 2008 the Town of Lyme adopted a wind law that was judged to be too restrictive to the interests of VFW, Trieste Associates and BP.  Then on July 6, 2008 ten plaintiffs, all members of VFW, filed a lawsuit In Jefferson County Court to force the Town of Lyme to rescind their newly adopted wind law.

Public hearing on Lyme's wind law prior to adoption:  In the process leading up to the adoption of a wind law by the Town Council, Lyme officials set dates for two public hearings. The first one was scheduled for Saturday January 5, 2008 at the Chaumont fire hall in Lyme. On the night prior to the hearing VFW organized a meeting to prepare and outline their strategy for the public hearing.  The meeting was attended by a reporter from the Watertown Daily Times who filed a report in the Saturday edition – the morning before the first public hearing.  The article begins:

About 30 members of Voters for Wind gathered at the fire hall Friday night to organize the opinions they will share at the town public hearing today...”  The article goes on to describe VFW activities, e.g., monthly meetings, and their concern for setbacks for wind turbines and limits to turbine noise levels.  Marion Trieste attended and was quoted in the Times article as saying,
The ordinance calls for turbines to be set back 4,500 feet, or more than five-sixths of a mile, from the lake, which, combined with other setbacks, would leave virtually no space in Lyme for turbines.  This is the most restrictive ordinance that I've ever seen in the state.” 
At the Town of Lyme hearing the following day VFW members parroted Trieste's charge the night before [Exhibit 6].  “The proposed setbacks are three times the setbacks of any other wind project in the state,” said Dawn Munk (Vice President of VFW).  Guy Gosier complained:

This is not legal and none of the town's business. These surveys were passed out with Town Board approval? Why are the people of this town being shoved aside to meet the demands of a certain few people?” 
The surveys Gosier was referring to sought the public's attitude toward industrial wind development in the Town of Lyme.  Larry Comins then added:

The town's informal survey was not a legal way of determining results for a yes or no opinion on the wind tower project.” 
These three commenters were members of VFW and were also among the ten plaintiffs in a lawsuit that was filed against the Town of Lyme on July 6, 2008.

Lawsuit filed against the Town of Lyme:  In a report filed by WWNY TV 7 on July 11, 2008 the news broadcast stated that a lawsuit was filed by ten members of VFW against the Town of Lyme because they adopted a wind law that was “too restrictive and does not adequately allow for the orderly development of wind energy facilities.” The news report further stated, “Members of Voters for Wind say developers can’t work within those constraints.” 

In addition the news report stated, “In the lawsuit, Voters for Wind says the board failed to recognize their protest petition.  The group says because a petition was presented, the town board needed to have a 75 percent majority vote to pass the zoning ordinance.”  The lawsuit therefore complained not only about restrictions on wind development in the newly adopted law, but also on the alleged failure of the Town of Lyme board to properly consider their petition of landowners. 

 On August 15, 2008 Supreme Court Justice Hugh Gilbert ruled that,” The Lyme Town Council acted "arbitrarily and capriciously" when it rejected 10 property owners' petition protesting the adoption of a local law regulating the siting of wind turbines.”  The law adopted on May 6, 2008 was struck not on the basis of the restrictions to industrial wind development, but because of the improper handling of the petition by the Lyme Town Council.  While the complaint itself did not describe any affiliation between the ten plaintiffs and VFW, the news reporting frequently mentioned VFW and the lawsuit.

Trieste Associates highlights the lawsuit against the Town of Lyme as an achievement :    After reading the WindWise Education Curriculum supported by the New York State Energy Research and Development Authority some may consider Trieste’s statements as confirmation of Trieste/BP's involvement in guiding the legal action in the Town of Lyme.  In this Education Curriculum a case study is provided by Trieste Associates. The case study notes:

Community opposition can delay or prevent the installation of a wind farm. Trieste is hired to educate and engage the community where controversial wind projects are being proposed.”  “For example, Trieste Associates has helped citizens organize groups such as Voters for Wind in New York that educates the public about the benefits of renewable energy resources. Voters for Wind filed and won a law suit against the elected officials who voted to prohibit a wind farm in the Town of Lyme, New York.” 

Regardless of Trieste/BP's denials about their involvement in the Lyme lawsuit, the content of this NYSERDA sponsored document should be considered carefully.  

Article 10 Process – what's said and what's not said:  To reiterate, Governor Cuomo's message regarding Article 10 legislation claimed that it would result in a “fair process.”  Apparently unfazed by the governor’s words, fairness would not appear to be a top concern to BP.  It should be noted here that BP was recently described by the U.S. Environmental Protection Agency as a corporation that “lacks business integrity.” 

What BP considers fair undoubtedly was included in their slim and cursory Public Involvement Plan (PIP) that was submitted to the New York State Department of Public Service, as part of their Article 10 pre-application process . Those listed outreach activities included: open houses, the use of local project offices, public education events, local advertisements, project newsletters, informational publications, and attending Town Board meetings. 

In Exhibit 2 of their PIP, BP reached back in time outlining the history of the outreach in Cape Vincent during the State Environmental Quality Review (SEQRA) process, again noting the clean, ethical public relations accomplishments.  It was those so called “accomplishments” (among others) that were fashioned by the kinds of ethical abuses that led then Attorney General Cuomo to try to hold wind developers in New York to greater public scrutiny. That effort was only marginally successful.

The Article 10 process also provides an online forum for stakeholder input, comments and recommendations regarding various siting projects. At present there are more than 320 comments from the general public, mostly opposing BP's project proposal. Presumably, these comments will be used in some way to gauge public sentiment. The majority of pro-project commentary, however, comes from unidentified BP leaseholders [they do not identify themselves as leaseholders], who are being paid by BP and who are contractually bound to assist and fully cooperate with BP to get their project approved.

A fair public information process should distinguish support and comment from the general public from those being paid by BP to support their project under the guise of general public support. A headline "Paid Advertisement" should be required to accompany any of BP's leaseholder commentary so that state siting officials will know and understand this is the applicant speaking through their front group and contractually obligated leaseholders, and not the general public.
Noticeably absent from BP’s PIP filing was any reference to using lawsuits, although the Lyme lawsuit was highlighted as an achievement by Trieste in the NYSERDA supported WindWise Education Curriculum.   BP has no qualms pretending that its relationship to Voters for Wind and Trieste Associates is no more than incidental and inconsequential.

Remarkably, BP feels free to pick and choose on a whim as to what is relevant and when.

Conclusion:  Cape Vincent is currently engaged in a fight to protect its future.  The threat comes in the form of an enormous industrial wind project that would cover the town from corner to corner, and a project that is wholly incompatible with the town and village's Comprehensive Plan.
Drawn into this struggle is the neighboring Town of Lyme, through which new electric transmission infrastructure would be required. Not only Cape Vincent and Lyme would be affected by the proposed project. There would be significant adverse visual, sound, economic and environmental impacts for miles around in all directions.  Several communities that make up much of the famed Thousand Islands Region and the people who live there and visitors alike would share the effects, directly and indirectly.

At risk could be citizens' health and safety, the value of their homes, and the small town atmosphere residents have valued throughout the town's history.  The greatest immediate risk, however, is two-fold: Cape Vincent's loss of local control, and the threat posed by British Petroleum, a company whose less than stellar record and reputation on the global stage is being mirrored by its conduct here in New York's North Country.  

The loss of local control will only be compounded if the Public Service Commission fails to ensure that the rules governing the Article 10 process are applied fairly, much as Governor Cuomo outlined and promised.  

Standing in stark contrast to a fair process, is the corporate history of BP in the U.S.  They have pleaded guilty to a number of felonies, lying to Congress being one. In a remarkable precedent BP has also been denied access to Federal leases as, a consequence of their recent actions.   The Environmental Protection Agency described BP's corporate behavior best, saying that BP was “lacking business integrity.”

BP's history in Cape Vincent is no better.  BP's lease agreements provided a means to pay town officials for their cooperation and in their PIP.  BP has acknowledged a direct link to Voters for Wind as well as the thinly buffered relationship through Trieste Associates. It was Voters for Wind that filed complaints to remove perfectly reasonable and prudent local laws and to block public discourse.

BP, incredulously, continues to assert that they have the support of the community for their project.  They simply do not. They choose to define the community, for their purposes, as the small minority of town resident and non-resident landowners who have signed lease agreements with them.

And what cannot be overlooked in considering these matters, is that BP never would have gained any developer toehold in the community were it not for the fact that they compromised former town government officials with financial inducements, and by binding those officials to unethical contractual promises. Having tainted the process so thoroughly, BP dismisses their own past actions as if they left no mark on the town at all. The level of mistrust and resentment they have generated by their actions will take generations to heal. And yet, they would presume to go forward with a "fresh" approach to developing their project as if their hands were perfectly clean. 

The history of the callous approach taken by BP in this development effort, has come to impress upon many St. Lawrence River area regional and municipal leaders, and opened their eyes fully to BP's abuses. These leaders who are involved in shaping the political, commercial and cultural life of our region, have come to reject BP as a welcome and valuable economic development partner.

Also, there are steadily decreasing numbers of those who reside in Cape Vincent and the surrounding area who may have thought they had a general understanding of the various tensions at work here.  There has been a steadily increasing number who understand how BP has worked many angles behind the scenes to manipulate, compromise, and intimidate the common good of the community.

By their past actions in Cape Vincent BP has demonstrated they are unfit to do business in our community. Cape Vincent deserves better treatment.

We are collectively holding our breath, and have been for a long time, for the message to sink in with BP that their development efforts here are unwelcome by the vast majority of residents. They should leave here to allow the town and the region to recover from nine years and counting of astonishingly arrogant corporate abuse.  We have had enough of BP's brand of public outreach and it is time for them to stop; it is time for them to go!

Thank you for your consideration of the content
Sincerely,
Kathryn Muschell
Cape Vincent, NY

Sources:




              





Politically Motivated Unsubstantiated Accusations made by Harvey White

This letter to the Editor is from the Watertown Times.
 Harvey White far left ~ in Green Shirt
The three current Cape Vincent Town Board members running for re-election should be embarrassed to show their faces in public after they were elected to the Town Board on an ethics platform. With this information becoming public, we now know how a local blogger was able to be so privy to inside Town Board information before it was made available to the citizens of Cape Vincent.
Also, the term “quorum” should be explained to them since they think it is OK to have secret meetings at board members houses or bar rooms whenever they feel like it. Not too ethical either.
Harvey J. White
Cape Vincent


Wednesday, October 16, 2013

Cape zoning officials mull revision of solar development rules as confusion continues

CAPE VINCENT — Yet another improperly issued work permit for a solar power project — this time for town Supervisor Urban C. Hirschey’s residential photovoltaic system — is prompting local zoning officials to consider aligning the local law with state guidelines.
Continue...

Tuesday, October 15, 2013

Wind farms win few fans

Rural landholders across Australia may face a disappearing pool of buyers and plummeting values of up to 60 per cent because of neighbouring wind farms, a new, independent report has established.
Continue...

PRODUCTION TAX CREDIT ~ Clarification of Notice 2013-29

SECTION 1. PURPOSE 
 The American Taxpayer Relief Act of 2012, Pub. L. No. 112-240, 126 Stat. 2313 
(ATRA), modified the definition of a qualified facility under section 45(d) of the Internal 
Revenue Code by replacing the placed in service requirement with a begin construction 
requirement. A taxpayer will be eligible to receive the renewable electricity production 
tax credit (PTC) under section 45, or the energy investment tax credit (ITC) under 
section 48 in lieu of the PTC, with respect to a facility if construction of such facility 
begins before January 1, 2014. Notice 2013-29, 2013-20 I.R.B. 1085, provides two 
methods to determine when construction has begun on such a facility. This notice 
clarifies Notice 2013-29 regarding (i) the determination of whether a taxpayer satisfies 
either of those methods with respect to a facility, (ii) the applicability of the “master 
contract” provision in that notice, and (iii) the effect of a transfer of a facility after 
construction has begun. 
Link here to read complete IRS Clarification

Monday, October 14, 2013

Is the 1000 Islands Region Scenic Enough?

Written by Mary Hamilton posted on October 13, 2013 07:24 - 

Plans are currently underway to bring a new distinction to the 1000 Islands region that is long overdue, providing more exposure as well as protection for this treasured one-of-a-kind incredible resource which will hopefully translate to a welcome boost in tourist trade and tourism dollars. 

Three years ago, a Scenic Area of Statewide Significance (SASS) was a term only a handful of area residents were aware of. Today there is a $75,000 grant in place that will be combined with an equal amount of in-kind funding to allow professional consultants to be hired to complete the comprehensive assessment required by the NY Department of State for a region to qualify for such a designation that has been awarded to only two other areas, the Hudson River Valley and East Hampton in Long Island. Where it all began… 

BP Wind Energy: Undiscouraged and Still Building Wind Farms

BP Wind Energy has 1,205 megawatts of installed capacity in seven states, two new projects near completion in Idaho and Colorado, and two more in advanced stages of development. “Our business has been around since 2006 as part of BP’s push into the alternative energy space,” Graham said. “Over the last couple of years, we have invested in excess of three billion dollars of cash into physical assets of nine operating wind farms and two in construction.”
Continue reading ...

Sunday, October 13, 2013

DEFRANCISCO: REGISTER AGAIN FOR STAR

Sunday Morning Visitors Checking out What is Happening in Cape Vincent


For Cuomo, term ‘bully pulpit’ takes on a whole new meaning

Watertown Times Editorial
SUNDAY, OCTOBER 13, 2013


A significant part of the job of reporting the news has to do with providing information to the public on various aspects of the work of their government, at every level. That information is not always easy to get, but reporters here at the Times and elsewhere quickly learn the most effective ways to pry information loose.
Continue reading...

Saturday, October 12, 2013

Deal would turn out the lights on some wind turbines

Kern County planners, wind energy companies and Federal Aviation 
Administration officials have hatched a plan that will shut off 227 bright red 
lights perched on the top of massive wind turbines in the Kern County
 portions  of the Mojave Desert.

Nebraska utility criticized for wind energy vote

 Nebraska Public Power District - the state's largest power utility - has rejected a proposal to buy up to 200 additional megawatts of wind energy by the end of the year, drawing fierce criticism from wind energy proponents.

Friday, October 11, 2013

Novenber 5th re- elect Michelle Bouchard Town of Cape Vincent Town Clerk


Michelle Bouchard is running for re-election as Town of Cape Vincent Town Clerk .  Thursday night at the meet the candidates event held at rec park, Michelle spoke about her many accomplishments as Town Clerk.

 What Michelle had to say ~

Good evening, I am Michelle Bouchard the incumbent candidate for Town Clerk.
I am a military brat , my father was a Marine and true Grunt. He and my mother instilled in my brothers , sister and I to honor , respect and to have discipline. These characteristics I adhere to in my professional career.

I was elected three years ago as Town Clerk and came into office under very  stressful circumstances.
These challenges I met, I restored integrity and brought back trust to the position. I cleaned the office, moved the furnature around and made the office more inviting to the public. I installed a drop box so law enforcement and residents are able to drop things off for  the judges, assessor, zoning officer,
supervisor and clerk. making the Town Office building accessible 24/7.

I am actively involved with the county Clerks association and was able to hold a dinner meeting here in Cape Vincent. The first for Cape Vincent . I also chaired a Clerk of the year committee for our Region and was
successful in having Mary Smith , Town Clerk for the Town of leRay honored as Clerk of the year for our Region by the State Clerks association.
I contacted Addie Russell to entice her to have one of her rediscovering  your backyard events here in
Cape Vincent. And together with Shelly Higgins we have had two very successful Escape to the Cape
events
I helped create a new Town website and I am now the "Webmaster".
 In 2011 NYS decided that it would no longer issue dog licenses and because of my past experience in dog insurance I was able to institute a system for renewals and new licenses.

I have been in contact with the DEC and offered Cape Vincent as a training location for all license
issuing agents. In two weeks , here in this room all license issuing agents in Jefferson County will be
trained on the new system. This is not just town clerks but marinas, and sporting good stores that issue licenses.
For the future I will become a notary . I have taken a notary prep course and have taken the exam
and I am waiting to hear the results . This is a service that I can provide at the office.

I will offer to collect second and third installments on your property taxes . If this is an option you choose. I will be able to collect at the office. You will no longer have to pay the County . With three years of collection experience under my belt , I know it is time to offer these services.

Lastly, I am 12 points away from becoming a Registered Municipal Clerk. I will sign my name Michele, RMC. This certification comes from experience and education. I have attended training classes, and seminars . I will be the first Cape Vincent Town Clerk to receive this certification.

Thank you

NOVEMBER 5th

RE-ELECT

HIRSCHEY,OSWALD,BRAGDON


Thursday, October 10, 2013

END THE PRODUCTION TAX CREDIT

September 24 a coalition of 24 conservative groups sent a letter to Congress opposing the extention of the Production Tax Credit (PTC) Below is a copy of that letter.



Link here to read original letter

- BP british Petroleum

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StockMarketWire.com - Iain Conn, Executive Director, bought 73 shares in the company on the 10th October 2013 at a price of 433.45p. The Director now holds ...
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Royston Wild looks at a little-known share price catalyst for BP plc (LON: BP). Today I am looking at why I believe heavy oil price weakness is set to drive shares ...
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Investors in BP p.l.c. (NYSE: BP) saw new options become available today, for the November 8thexpiration. At Stock Options Channel, our YieldBoost formula ...
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Today our focus is on: Colgate-Palmolive Company (NYSE:CL), Caterpillar Inc (NYSE:CAT), BP plc(ADR) (NYSE:BP), Tyson Foods, Inc (NYSE:TSN).
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JPMorgan Chase Names Deasy as CIOwww.waterstechnology.com
Deasy will join in December from oil giant British Petroleum (BP), where he is currently the firm's CIO, and group vice president responsible for global IT, ...
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Aubertine accepts post as assistant to state comptroller

Cape Vincent resident Darrel J. Aubertine announced Wednesday he has accepted a position at the office of the state comptroller as special assistant for external affairs, and will start the job today. Continue...

Wednesday, October 9, 2013

How will BP's proposed Cape Vincent wind project impact property values?

  Recently the data reported by my blog tracker indicates that many of my blog visitors are concerned about wind turbines and how they affect property values.

Chances are, buying a home is the biggest purchase we'll ever make.

 BP's proposed  Cape Vincent wind project has the potential to adversely impact property values in our community.

As a result, the Town of Cape Vincent and WPEG applied for and were allocated 15,940,  by the Public Service Commission , to retain the services of  Michael S. McCann, a real estate appraiser. 
McCann will assist with land use and property value issues for the Article 10 process.

Michael McCann , evaluated  Cape Vincent's economic report in 2011. 
After completing his review  of the subject location,   McCann reported that it was clear that numerous homes in the Cape Vincent area will be adversely impacted, and the best available evidence indicates that value loss of 25% to 40% or more will occur to homes within approximately 2 miles of the turbines. This impact is not expected to be uniform, and some losses may well be lower and others higher.
 Below is a transcript of a summary report of McCann's  evaluation of Cape Vincent's 2011, Economic Impact Report.

McCann Appraisal, LLC
June 20, 2011
Wind Turbine Economic Impact Committee (Committee) Town of Cape Vincent, New York
Re: Review of Cape Vincent Wind Turbine
Economic Impact – Final Report October 7, 2010 (EIR)

Dear Committee Members:
As requested, I am submitting this real estate review of the Economic Impact Report(EIR) undertaken by the appointed Cape Vincent Wind Turbine Economic Impact Committee (Committee), for consideration and use by Town planning and zoning officials in addressing the compliance of the proposed wind energy projects in the Cape Vincent area with typical zoning and land use requirements that must be met for approval of the Project(s).

Asthis review is focused on the Committee’s EIR, McCann Appraisal, LLC (McCann) has not made specific reference to the applicable codes, ordinances or regulations. However, my review recognizes that special permits or special use zoning approval for a variety of land uses, including large-scale wind energy turbine projects, require that the proposed use will not have an adverse effect on the market value, use, enjoyment or development potential of other property in the neighborhood or surrounding area.

Also applicable from a real estate, land use and zoning perspective is my review of the Hessler Associates, Inc. Noise Impact Assessment report issued April 13, 2010. (HAI report). The McCann review of the HAI report is not undertaken as a technical acoustic engineering evaluation but, rather, to the extent that it overlaps with real estate issues. More specifically, the question from a real estate perspective is whether or not the HAI noise study demonstrates that the quality of life, peaceful use and enjoyment, aesthetics and overall marketability of residential and related property will be adversely impacted as a result of the wind project(s).

Professional Opinions My professional opinions are effective as of the current date. My review of the Cape Vincent EIR and this Consulting Report have been prepared and submitted pursuant to applicable licensing laws that mandate compliance with the Uniform Standards of Professional Appraisal Practice (USPAP), and my opinions are certified accordingly.

Briefly stated, based upon my review of the Committee EIR, as well as the location of the proposed facilities, the density, height, type and intensity of the proposed utility scale turbines, along with my independent and ongoing research of real estate and property value impacts near turbines. The EIR is correct in identifying significant value loss potential as a result of the two wind turbine projects proposed , or as a single project. While estimates were made in the EIR based upon 1,000 to 3,000 foot setbacks, there are numerous examples of value losses at even greater distances; some in excess of three miles.


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Read complete report at this link



McCann Intervenor Fund Request   

Tuesday, October 8, 2013

Cape ZBA: Roger Alexander’s solar project permit “stands as issued, even with errors”

CAPE VINCENT — Town zoning officials upheld Roger D. Alexander’s permit for a solar array project Monday night despite admitting to mistakes made by the zoning enforcement officers who approved the paperwork.
Mr. Alexander, owner of Lazy Acres Mobile Home Park, plans to install two 720-square-foot solar panel arrays to offset his mobile home park’s electric bills by selling the power to National Grid.

Monday, October 7, 2013

Concerned Citizens comment to the Public Service Commission Concerning BP's CVWF

Here are a few of the latest comments posted on the Public Service Commissions website concerning BP's Cape Vincent Wind Farm

1. Please do not allow BP to contruct an unnecessary, inefficient, industrial turbine plant in Cape Vincent.


2. My home faces Cape Vincent.  One of the most beautiful times of day is the Sunset.  If wind turbines were erected, that view will be forever gone.  I have done in depth research on both the adverse effects and the benefits of Wind Power.  I discovered that the aversities far outweigh any benfit derived from these unsightly towers.  The noise, tremors in the earth, shadow flicker and the harm inflicted on our bird and bat population should be enough to have anyone say not here in our community.  BP has  decieved and lied to the citizens of the Town ofLyme.  I am disgusted that they would put a price tag on our community and some people will follow along with them.  Wind turbines should not be placed in flat lands, nor along the shores of Lake Ontario.  They do nothing but destroy the scenic beauty of our rural area.


3. Are there no defined timelines and deadlines under Article X? Maybe ones that require completion of certain steps and processes under the law?
Are developers free to take their sweet time every step of the way and even free to suspend their development of pre-application and application activity whenever they choose for whatever length of time they wish without any consequences? Is BP free to play out this ugly drama for as long as they like? Why should Cape Vincent suffer endlessly? This project does not belong in our town - it never did match our community and never will match our community. We hope the PSC will put a quick end to this for the sake of our community.

4. Are you kidding with this? Disrupt the beauty of the water meeting the land...... to encourage clean energy for? Let's ask BP to insall wind farms in Nova Scotia to supply electricity to Cape Vincent....



5. wind power has been an issue in our community far too long...years of arm twisting by BP has taken its toll on our community....how long does BP have to continue with their lack of concern for proper application....is this a way of getting our community to buckle under their pressure ?    the majority of the  people of  Cape Vincent have let it be known that wind power started by Iberdola and bought up by BP cannot co-exist with the side effects on our  health and  the loss of property value throughout the community .     the division of family and friends and neighbors over the way the leases were executed....the constant signs of HAVE YOU HAD ENOUGH   and WE WANT WIND  create more division and anger....BP had their chance to go by the rules of Cape Vincent   and they chose to ignore everyone including the NY State Public Commission....they want their way or nothing....please ...consider the people of our town...and village...thank you

6. I have to assume that the wind farm siting process under Article 10 was not intended by the Legislature or the Governor to result in the overwhelmingly unwelcome construction of a large-scale wind farm and the pervasive alteration of the nature of the town. We are talking about nothing less than the destruction of Cape Vincent as a viable place to live and prosper and a very adverse effect economically, aesthetically and environmentally on the Thousand Islands Region. The supporters of this proposed wind farm continue to decrease. They consist of the few leaseholders and those ignorant of the extremely negative impact windmills would have on this pristine area. Please don't let it happen.

7. BP has been proposing a large-scale wind project in Cape Vincent for almost a decade. Their efforts to put a wind project in my town go back well before Article X was enacted. And yet, we still know so little about important details of the project. We don¿t even know precisely where they would place their turbines or how tall they would be. It appears that they would consider that information to be important to us only when they are good and ready to reveal that information. This is outrageous and unconscionable. They have cast a shadow of uncertainty over this town for far too long.

8. I was out on my boat two weekends ago in a channel of the St. Lawrence River between Grindstone Island (Part of the town of Clayton, NY) and Thwartway Island, Ontario. In the clear daylight I could plainly see the wind turbines on Wolfe Island due west from my location. Those turbines were over 20 miles away! And I was right down at water level, not looking from an elevated vantage point. BP has done everything it can to understate the reality of the visual impact their project would have on the entire region. When will BP be required to produce professionally done visual impact analysis and imagery that will honestly reveal to the people of the area exactly what is being proposed?

9.
It has been just over a year since BP officially announced its intention to proceed under Article X in Cape Vincent.  And the substantive application work product that has emerged from BP over the course of that year amounts to next to nothing. 


There is clearly a cost to the communities of Cape Vincent and Lyme associated with BP's protracted activity (even if that activity mostly amounts to inactivity.)  No news ¿ perhaps no news most of all ¿ can have a chilling and even paralyzing effect on the decisions of local residents (to buy or sell a property, for example) or on a local government that is unavoidably preoccupied with the possibility of a major new industrial development moving forward that will change everything. BP is being completely indifferent to the well-being of these two towns.  Does anyone at the PSC care about that?


 Link here to post your comment about BP's CVWF on the Public Service Commissions website