Tuesday, July 24, 2012

What Are We Missing Here Mr. Wiley????

Read this quote from Wiley at JLL and see if you can figure out what is missing. He is talking about the process after the town board has reviewd and made any changes to the the zoning and comp plan.

"The two Draft documents will now be reviewed by Jefferson County Planning, then will be subject to approval by Town Attorney Paul Curtin after which they will be electronically filed in Albany."
Figure out what is missing????  Well if you have read any documents on zoning, comp planning, and passing local laws from the NY Dept. Of State you will recognize it right away.
The little insignificant thing Wiley left out was:


 THEY HAVE TO VOTE TO PASS THOSE DOCUMENTS!!!!! 
 
These documents are not filed with the Dept of State until they are voted on. Then they are still not law until  filed with the NYDOS...only then do they become  local law. And technically the comp plan is not a law. Even though I knew this I still verified this in a pleasant conversation  with Cape Vincent Town Clerk Michelle Bouchard this AM.


Here is a link where you can view the process of filing a law with the NY Dept of State.


http://www.dos.ny.gov/forms/corporations/0239-f-l.pdf


Despite the law according to Wiley, the law does not actually become law until it is voted on and after it is filed with the NYDOS.
Now I find this an interesting slip of the tongue on Wiley's part with his rabid blind support of the new town board.  I actually do know that he probably  just slipped up and forgot the vote.  But I am betting that deep in his mind this is how he would like it to go.  The "experts" have done their work, they have spoken, so that's good enough for me, so let's not muck it up with any of that messy democratic business of actually voting on it!!!
Now don't everybody get you underwear in a wad...I know this is not what our town board and Wiley are really thinking or intend to do...but this reminded me of the 2006 efforts of Rienbeck and Orvis to kill the 2006 will law process. They formed a resolution to STOP the process.  They didn't have the votes because of recusals by Wood and Mason.  So the resolution to STOP the process FAILED.  This means that the 2006 wind law zoning process should have continued on.  But what happened?  Even after a democratic vote that failed to stop the process...they didn't like the way the vote came out, so they just walked away and ignored the vote.  Duly elected officials given a sacred pubic trust just ignored a public vote in a democratic process and stopped the wind law process anyhow.  They should have been immediately removed from office!!!


It was bad enough that the zoning process was stopped, but the real insidious story missed by many was how they did it by just completely hijacking the democratic system on behalf of the wind developers.  If a vote to STOP the wind 2006 process FAILED logic says the process should have continued.  If a resolution to buy a new town snow plow fails...you don't just turn around and buy the new plow any how in defiance of the vote!!!!!
In the end it was probably good that the process of the 2006 wind law failed. Maybe we should be thanking Rienbeck and Orvis.   Back then everybody was about compromise and many didn't understand the implications of industrial wind energy.  That was 3 years before the Wolfe Is. wind fiasco where that reality changed a lot of minds.


Over on Pandy's blog she had a good post of the 2006 public hearings on that old wind law.  It's from a newspaper article.   She claims we have come a long way since July 2006 as indeed we have.  We have gone from ridiculous setback compromises where everybody was scared to death to come out against green wind energy, to a " defacto ban" on wind development and a comp plan that finally recognizes wind energy is not a good fit for CV!


The question in 2012 is will this defacto ban stand up to Article X?  Too bad we can't vote to stop that process because I think we are going down the wrong road once again to defend against the wind and State onslaught to remove our home rule rights.





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