It is important to disclose financial conflicts of interest because typically wind companies have a loyalty clause in their wind leases that contractually binds lease holders to “fully cooperate”. with the developer to get their project approved.
Below is an excerpt from a Wind Lease for the now defunct Cape Vincent wind projects.
“Owner shall assist and fully cooperate with Grantee, at no out-of-pocket expense to owner, in complying with or obtaining any land use permits and approvals, tax-incentive or tax-abatement program approvals, building permits, environmental impact reviews, or any other permits or approvals required for the financing, construction, installation, relocation, replacement, maintenance, operation or removal of Wind Power Facilities in the Project (whether located on the Property, on adjacent property, or elsewhere), including execution of applications for such permits or approvals if required. In connection with any application for such approvals, Owner agrees at Grantee's request to support such application (at no out-of-pocket expense to Owner) at any administrative, judicial, or legislative level. In the event that any laws, rules, regulations or ordinances of any governmental agency provide for setbacks or otherwise restrict the location of any Windpower Facilities to be installed on the Property or adjacent properties, Owner shall cooperate with Grantee in obtaining waivers of such setbacks and shall execute any documents reasonable requested by Grantee to evidence Owner's waiver of such setbacks.”
Below are links to lease agreements for the now defunct Cape Vincent Wind Project
click here to view BP Wind Lease agreement
click here to view BP Wind Lease Good Neighbor agreement
click here to view Acciona lease agreement
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The Jefferson County Board of ethics has already weighed in on wind conflicts of interest. Below is a screenshot of their conclusion
Links below to JCBOE opinions
3 comments:
Iberdrola Renewables posted this disclosure on March 3rd after a complaint was filed with the New York Attorney General's office. The violation is still being investigated and may result in substantial fines. Interestingly, the Clayton Town Clerk only received page one of the multi page document that disclosed additional parties with possible conflicts of interest in the village of Depauville, part of the Town of Clayton. The Senior Counsel at Iberdrola Renewables, Mark Epstein, Esq. apparently missed that little detail. He also cc'd Jenny Briot, the project manager under her previous name "Jenny Burke". The application for met towers in Clayton contained a bunch of errors as well.
The opinion from the Jefferson County Board of Ethics makes its view very clear. A councilman with a wind lease does not have a potential conflict of interest, rather an "actual conflict of interest." Furthermore, not only should a lease-holding town official NOT vote, but she should NOT talk as well.
While it is disgusting that a corporation like Iberdrola feels no compunction to disclose conflicts of interest until the Attorney Generals office dictates so, it is somewhat expected since they are predators, bent only on realizing a profit. What is more disturbing is that a local official neglects to inform his/her constituents until he/ she is exposed by State mandated disclosure.
It would behoove the Town Board of Clayton to carefully and clearly lay out the guidelines it expects Ms Patcheon to follow regarding her participation. That is if the Town board gives a hoot about ethical behavior, or improper influence by a conflicted official. One can only hope Clayton won't be subject to the same degradation of ethics that plagued Cape Vincent.
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