ENERGY: Hamlin wind regs to get scrutiny
By Jeremy Moule on November 25, 2008
During a forum in Irondequoit last week, Attorney General Andrew Cuomo told a group of Hamlin residents that he'd send an environmental attorney to look into their complaints about the town's wind-tower regulations.
"We are very excited to the fact that they acknowledged we have issues that need to be taken care of and that they're going to follow through with it," says Linda DeRue, a member of the Hamlin Preservation Group.
I find this all very interesting because...
Attorney General Andrew Cuomo came to Jefferson County in June for a community forum, at this time Mr. Cuomo's task force was given documentation concerning corruption, involving the proposed wind projects for the community of Cape Vincent,
Including a letter written by Senator Darrel Aubertine,
At that time Mr. Aubertine was, State assemblyman for that same district.
This letter, written to the town supervisor encouraged the town board members with conflicts of interests to vote on wind issues.
Cape Vincent is ripe with corruption.
Where is Mr. Cuomo?
Has Cape Vincent become a victim of political corruption?
Will these issues be ignored because a democratic senate seat is more important than our rights?
low-frequency noise would also be measured at structures — a change made at the urging of engineer Gregory C. Tocci.
Beth A. White, president of Voters for Wind, asked if landowners participating in a wind farm could have an easement for low-frequency noise like they would for overall noise levels.
"The participating landowners should have some sort of leeway there," she said
This letter was written by Darrel Aubertine, in response to questions about his stance on Industrial Wind development in Cape Vincent.
This letter only serves to further increase the questions and concerns about public officials in Cape Vincent and the culture of corruption that has been borne of the proposed industrial wind development.
In this first letter Mr. Aubertine is telling the community that, hey folks I’m a nice guy aw shucks, I just want what’s good for America. And I care about you, what you want is important. I will honor and support your decision.
What he doesn’t tell the public is that he has been working behind the scenes making sure the community doesn’t have a choice. This is clearly stated by Darrel in the second letter. ("Governing by referendum is unwise").
The next letter from Darrel is to the Cape Vincent Town Board RE: Conflicted voting.
This letter is telling the town board that it is their duty to vote on the siting of wind turbines, even though they have wind contracts, because as elected representatives, it is their responsibility, to make decisions for their constituents and the community.
Mr. Aubertine also adds that "governing by referendum is unwise".
So the community has no choice. A conflicted politician advises a conflicted board, to vote, because he feels" that it is ethically proper.
In this letter to the town board, not only is Darrel Aubertine telling the board that he believes that it is their responsibility to vote but if you look closely at the language of this letter, he is also telling them how to vote. This is an outrage.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This WDT article addresses the specific issue of setbacks mentioned in Mr.Aubertines letter.
Establishing 2,600-foot setback could cost Cape farmers money.
Source: Watertown Daily Times (Watertown, NY)
Publication Date: 24-JUN-06 kelly vadney
COPYRIGHT 2006 Water town Daily Times
Byline: Kelly Vadney
Jun. 24--CAPE VINCENT -- The opportunity to generate income from wind turbines could be a lost cause for some farmers if zoning for the structures begins 2,600 feet from the center of Route 12E.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
~Ethics have always been a grey area for Senator Aubertine~When asked by a reporter about the ‘Attorney Generals Wind Code of Ethics’, Senator Aubertine was quoted as saying "I have always been "transparent". I support the attorney general in this effort."
Senator Aubertine has a working relationship with the community and Acciona energy (as a contract holder). I wonder if he has in any way attempted to facilitate adoption of the Attorney General’s Code of Conduct, by the two wind companies that are proposing projects in his community?
Or perhaps he is waiting for the Attorney General to adopt a code of "feelings”?
The election is very soon and we are being told to vote for Darrel Aubertine because "He's one of us." Let's examine that statement.
The statement implies that his opponent is not to be trusted he is one of "them." This seems to be a great campaign strategy however the problem is that this is a divisive attitude and an insidious problem that eats away at the core ideals that this country was founded upon. This is a downright un-American Campaign Strategy. I am not surprised that Darrel is using the one of “us” campaign because that is the underlying problem with Darrel's home town, Cape Vincent. Cape is an “us” and “them” town. A favorite expression of some of the “us” people living in Cape is, "if your diapers didn’t hang on the line to dry in the Cape you don’t really “belong”. In other words, you are a “them.” You are an outsider, an interloper, a non citizen without any rights. When meeting people for the first time the usual question asked of you is “are you one of the summer people?” Whenever you question an issue that affects where you live you are generally ignored or told that you don’t understand what is right for the town because you are an outsider.
When you are asked vote for Darrel Aubertine because he's one of “us” what Darrel is really saying is I am one of you but I want to be one of “them”. This is a big problem because he actually sees his constituency as inferior to what he aspires to be. Someday his constituency may become the evil inferior “them” because Darrel and the down state Democrats will now become the elite, the “us”..
How can someone who has such a divisive platform be effective once elected into office? Frankly I find this “one of us” campaign crap offensive and insulting. Divisive attitudes like this divide communities and nations. We live in ONE NATION. Cape Vincent is a community divided; the wind companies came to town and exploited this division.
When people allow themselves to be exploited by this type of polarization they become vulnerable, just who will be the next “them”? Will it be hunters? Perhaps it will be gun owners, or just anyone who doesn't agree with our senator's agenda? Remember the words “WE THE PEOPLE.” It’s time to elect someone who does not divide his constituency into “us” and “them.” This nation fought a terrible war over the “us” and “them” issue and it cost us dearly. We need to work toward what is right for all the people not just those who fall into the “us” category. It is time to elect Dave Renzi as OUR SENATOR.
ALBANY, N.Y. (October 30, 2008) – Attorney General Andrew M. Cuomo today announced a new Wind Industry Ethics Code that establishes guidelines to facilitate the development of alternative energy in New York while assuring the public the wind power industry is acting properly and within the law. The Code calls for new oversight through a multi-agency Task Force, and establishes unprecedented transparency that will deter any improper relationships between wind development companies and local government officials.
The members of the committee formed to produce a zoning amendment to deal with wind farms changed their minds about boundaries for the area in which turbines would be allowed. About three weeks ago, the committee tentatively agreed to set Route 6 as the western boundary for a wind overlay district. But Wednesday afternoon, the committee decided that the entire agricultural-residential district should allow turbines. That once again adds some land west of Route 6 and south of Bates Road. That land had five turbines planned for BP Alternative Energy's Cape Vincent Wind Farm.
October 16, 2008 by Nancy Madsen in Watertown Daily Times
PPM Energy's Horse Creek Wind Farm proposal, now suspended while NY State officials evaluate the potential high bat mortality from the turbines, is the center of a sobering debate concerning preconstruction sound study reports. The proposed project consists of sixty-two industrial wind turbines spanning the towns of Clayton and Orleans in upstate New York. Over 1000 residents reside within the project's proposed footprint.
The special senate election between Will Barclay and Darrel Aubertine brought forth accusations of a conflict of interest for Darrel Aubertine. An article written for the 2/23/08 Valley News online made reference to an article in the May 25, 2003 Watertown Daily Times (WDT) stating that
Cape Vincent- Assemblyman Darrel J. Aubertine had said a company has approached him about installing wind-powered generators on his property and the properties belonging to three of his neighbors. “They describe the wind as optimal”, Mr.Aubertine said. He also said the company has been monitoring the wind in the town of Cape Vincent for a year and determined it was not so strong as to stress the equipment, but powerful enough to power the generators.
The Valley news story went on to report that less than two weeks after the Watertown Times article was printed, June 4, 2003, Mr.Aubertine voted in favor of legislation that would allow farmers to host wind turbines without having their property-tax assessments increased. Responding to accusations of a conflict of interest in a television interview Aubertine denied voting on any wind power issues “no, not at all, “he said “I never-one way or the other- certainly not for personal gain”.
A Syracuse Post standard article dated 02/22/2008, states that when Sen. Aubertine was asked if he thought it was appropriate to vote on a measure that affected his own property he responded, “if it was me alone, no” but, he said, “it’s not me, it’s the town and dozens of other landowners.”
A spokesperson for the Aubertine campaign denied any conflict of interest. “That vote happened over a year before he sold his wind rights,” Aubertine spokesperson Cort Ruddy said, “those towers, if they are ever built, would be owned by the company and would not impact Darrel’s assessment at all. ”Ruddy added that the only approval process is done locally. “The company is going to set up an arrangement with the town for payment-in-lieu of taxes (pilot payments) and there’s usually no assessment,” Ruddy noted.
Let’s take a closer look at these statements. First Sen. Aubertine says the wind company had been in Cape Vincent for over a year monitoring the wind, that would be about May of 2002. Was there a meteorological tower on your land senator? Not only did you vote for the bill “Wind Energy” in Agricultural Assessments but you were a member of the standing committee on agriculture and the bill in question is listed as one of the committee’s accomplishments in 2003.
As far as not providing any tax benefits the bill, then assemblyman, Aubertine signed eliminated a tax penalty for converting land zoned for agricultural use to non-agricultural use. Previously, when land receiving an agricultural assessment was converted to a non-agricultural use, it was subject to a conversion payment equaling five times the taxes payed in the last year in which it received the assessment, plus interest of 6% per year for each year it received the assessment, up to five years. Now, when a farmer hosts wind turbines on his land this bill eliminates a tax penalty for changing the use of the land from agricultural to non agricultural.
When Sen. Aubertine signed his wind contract is irrelevant. He was instrumental passing the legislation eliminating the tax penalty and he will directly benefit from this act if he hosts wind turbines on his farm land. He was well aware of the wind companies interest in his land and was considering the issue of hosting wind turbines while he was a member of the standing committee on agriculture, a committee that also promoted the bill in question
In a television interview Sen. Aubertine denies voting on any wind issues and then in a newspaper interview when asked if it was appropriate for him to vote on a measure that affected his own property he responded “if it was me alone, no.”but, he said, “it’s not me. It’s the town and dozens of other landowners.”
This vote was in early June of 2003 just after he stated in a WDT article that a wind company had approached him and three of his neighbors, who were these dozens of others you mentioned as your excuse for voting when called on it by the Post standard reporter? Were you signing this bill as an inducement to sign dozens of others up for wind power? Were you a recruiter for wind power? If the wind power does come to fruition in Cape Vincent you will benefit from the elimination of the agricultural assessment. This was a bill you voted for, that came directly from the standing committee on agriculture, a committee that you served on.
So when Sen. Aubertine denied voting on wind issues and stated “certainly not for personal gain” and a statement was made about the bill in question that he wouldn’t benefit any way because of pilot payments, then one can conclude that, Sen. Aubertine is either a liar or he is completely unaware of the content of the legislation he promotes through the committees he sits on. Another possibility is that he is incapable of understanding the content and meaning of the legislation that he signs and the implications and consequences that he may bear as a result of such a blatant conflict of interest!
As a follow up to the point that perhaps he is unaware of what he is doing or perhaps feels that he is above reproach, I would also mention the whole debacle over the hiring his sister. His statement says it all, “earlier today, Senator Aubertine became aware of the situation involving the employment of his sister, Debra A. Wiley, in his senate office. After reviewing appropriate policies, Debra has submitted her resignation and our office has accepted it.” As an assemblyman he signed ethics reform legislation in 2007. Did he even bother to read it?
Sen. Aubertine, are you a liar, incompetent, or both?
CLAYTON — The electric grid, noise and setbacks were the main topics covered at an information session Thursday night at the Thousand Islands High School auditorium.
The speakers were Steven C. Sullivan, managing director of GEOS Global and consultant to BP Alternative Energy; John Droz, scientist and environmental activist from Brantingham Lake, and Paul E. Carr, engineering professor at Cornell University, Ithaca, and a founder of Bernier, Carr & Associates.
By Karthy Kellogg CATTARAUGUS CORRESPONDENT
Updated: 09/24/08 7:04 AM
Posted: Wednesday, September 24, 2008
By Karthy Kellogg CATTARAUGUS CORRESPONDENT
Updated: 09/24/08 7:04 AM
LITTLE VALLEY — Cattaraugus County has retained its ability to tax alternative energy systems — including wind farms, solar energy systems and on-farm methane digesters — with a 16-2 vote for passage of a local law Tuesday.
The law applies to facilities within the county, including as many as four potential wind farm projects under consideration, and effectively disarms a state tax code provision exempting these energy sources from taxes.
The Cattaraugus County Legislature’s action, termed an “opt out” measure, follows similar resolutions adopted by almost all the school district boards in the county, and officials say these steps could affect the economic viability of the projects and send wind farm developers to the Cattaraugus County Industrial Development Agency seeking financial assistance and incentives.
The vote came after residents and elected officials from the towns of Freedom, Machias and Farmersville stated their opposition in a 45-minute public hearing. Most said they were told the IDA’s payment-in-lieu-of- taxes (PILOT) agreements will unfairly take a share of the wind farms’ monetary payments.
“The people of these towns are going to see the monetary value of their property and the aesthetic quality of their life eroded. They want something of value in return. The people signed an agreement to give them 80 percent of what these projects are making, and we consider it a fair trade. This is not fair in any way,” said Jim Whitaker of the Freedom Town Planning Board, which has just completed a draft of a host community licensing agreement for Noble Environmental Power that spells out a host benefit package for a wind farm spanning Freedom and Farmersville.
Carmen Vecchiarella, D-Salamanca, told the town representatives that the situation is similar to the state’s negotiations to divide the proceeds of slot machine revenues from the casino. He advised them to use their bargaining power to negotiate a better deal.
Jerry E. Burrell, R-Franklinville, told the group he views the local law as a positive move to protect all the county residents.
“We have many [wind projects], three and possibly four. The IDA is chosen by the developers and the IDA gets one-sixteenth of the [project value], the landowner negotiates their own rights with the developer, and the host monies have nothing to do with the IDA. You as town officials deal with the developer and you squeeze that orange, and that is the lion’s share,” Burrell said.
After the meeting, James L. Boser, D-Allegany, whose town officials are also considering a wind farm proposal from Everpower, said he was satisfied that the matter was thoroughly discussed. Joseph C. McLarney, RPortville, said he agreed the law should be passed because the wind farm projects will create impacts and the need for county services in other locations besides the host towns.
“We say we have to be included at the table,” McClarney said.
Freedom Town Board member Warren Schmidt commented after the meeting that the law may not close the door on Noble Environmental’s project but said his board will be looking at the financial numbers in the coming days.
EBR Posting
September 09, 2008
Any resident of Ontario may seek leave to appeal this decision, by serving written Notice, by September 19, 2008
Permit To Take Water Number (3316-7FAH7C) was issued to Lafarge Canada Inc. on August 18, 2008.
The approved water taking information is the same as requested: Source name: Lake Ontario Purpose: Construction Maximum rate per minute: 400 litres Maximum number of hours of taking a day: 24 Maximum volume per day: 576,000 litres Maximum number of days of taking in a year: 365 Earliest calendar date of taking (mm/dd/yy): 06/01/08Latest calendar date of taking (mm/dd/yy): 06/01/09 Duration of taking: 1 year
FRIDAY, AUGUST 22, 2008
Nancy Madsen's article "Cape Vincent to air turbine zoning plan" (Aug. 15) informs readers the town has appointed a committee to review a new draft wind law. The article listed conflicts of interest for each town officer related to contracts with the wind developer.
For a board that has a history of trying to ram through these wind projects any way they can, why are they suddenly trying to do things by the law? Perhaps the recent investigation of wind-company corruption slapped them into the realization that their questionable actions could actually jeopardize passing a wind law. So they talked to their wind-law lawyers who advised them to do everything right.
Perhaps their conversation went like this: "File your conflict disclosures, everything up front and legal. Dot your i's and cross your t's."
"OK, but how do we get this wind law through? We can't vote if two-thirds of the board has declared a conflict of interest."
"No problem, boys, appoint a committee. Now this committee must appear unbiased, although we know it's subtly stacked pro-wind. Appoint nonconflicted local officials to serve on the committee, and then throw in one pro-wind, and one anti-wind person for good balance. Don't ask for volunteers on this committee. The key is to appoint members to retain control of the process, but yet give the deceptive appearance that all community voices are represented. Once the committee has come up with a weak wind law, one that allows the wind developer almost unrestricted access to the town, and keeps the wind leaseholders happy, then the town board will vote to adopt the wind law."
"But how can we vote to pass our wind law if we have conflicts?"
"Don't worry, you claim you had nothing to do with the committee's recommendations. You have cleverly distanced yourself from the process. You are simply approving what the committee, who represents the community, told you to do. You have no fingerprints on this law."
"The public won't stand for this. They'll sue!""Let them sue, we think this is a position we can defend. By the time they get enough citizens to lawyer up and challenge us, we'll have the turbines up. At which point, the suit is basically meaningless. Why would they waste any more money on preventing something that has already happened?"
BURKE, N.Y. — Everywhere that Janet and Ken Tacy looked, the wind companies had been there first.
Wind Turbines Take Over Landscape
Christinne Muschi for The New York Times
To some upstate towns, wind power promises prosperity. Others fear noise, spoiled views and the corrupting of local officials.
The New York Times
Many in upstate New York have signed wind leases.
Dozens of people in their small town had already signed lease options that would allow wind towers on their properties. Two Burke Town Board members had signed private leases even as they negotiated with the companies to establish a zoning law to permit the towers. A third board member, the Tacys said, bragged about the commissions he would earn by selling concrete to build tower bases. And, the Tacys said, when they showed up at a Town Board meeting to complain, they were told to get lost.
Hundreds of home-owners in Burton-Upon-Stather have warned they will make a mass claim for council tax discount if a plan to build wind turbines alongside their village is given the go-ahead. Burton against Turbines (BAT) will base their case on alandmark ruling last week by a woman in Lincolnshire, who was granted a discount because her home was rendered worthless by a turbine nearby.BAT last month organized a 400-strong rally against the seven-turbine plan, set for land owned by the family of Sir Reginald Sheffield. A spokesman said: “If the wind farm does eventually get built we will certainly be looking for a block council tax reduction. “This landmark case in a court of law has proven that having a nearby wind farm does devalue property.”
Read the full story in Monday’s Telegraph. Scunthorpe Telegraph
4 August 2008
In this landmark ruling cited in the above story the noise created by the turbines devaluated the property. I would like to add: Based on Bp’s record of putting people first these stories must be a grossly distorted. Bp has repeatedly assured us that turbines aren’t noisy and that placement of large scale industrial wind developments near homes doesn’t affect property values in a negative way. Recently their excellent safety record has been brought to my attention. In Texas Bp actually spent money lobbying so they wouldn’t have to spend money on safety upgrades in their Texas City refinery, I think 15 people died as a result.In August of 2007, Bp decided to increase the amount of pollution it dumps into Lake Michigan. They had all the permits necessary, everything was a go just like Cape Vincent, but the public became enraged when they became aware of Bp’s plan and demanded it be stopped. BP America Chairman and President Bob Malone said in a statement that the company decided not to increase its discharge of toxic materials into Lake Michigan because opposition to the increased discharge created an “unacceptable level of risk” There are many more examples of BP’s corporate and moral irresponsibility and the people need to get the facts. The green shirts, or shall I say greed shirts, seem to be pleased with themselves but what they aren’t looking at are the long term health implications associated with low frequency noise (LFN) and living in close proximity to large scale industrial wind developments. Sadly the land owners who are hosting turbines on their property may be the people most affected by (LFN) becauseno matter how green your pockets are wealth can’t buy health.
