Sunday, January 27, 2013

Just In Case You Want To Talk To Someone At The NY PSC

 If you get tired or writing letters to the NY PSC, you might want to talk to someone more directly or email them about the Cape Vincent wind issue.  Link below to the agency phone numbers and emails and an office directory.

Maybe you could get to know better some of the players who are having a direct  impact on Cape Vincent's future.  Garry Brown for example is the Chairman of the Commissioners and also the Chairman of the Art X Siting board.  Oh, and there is Maureen Harris the commissioner who's husband is the BP lawyer. This is a very interesting list with some interesting people.  It's the one I  used to email Harris and ask if her husband was actually the BP lawyer.  Of course I got NO answer.  Despite this list that makes it look as if they are just waiting to answer your calls and emails, they aren't real responsive!

http://www.naruc.org/commissions/default.cfm?s=55

Pictures From Recent S. California Camping Touring Trip




One of 5 or 6 geothermal plants near Salton Sea.  Water comes out of 6000 ft. wells at about 500 degress.  Water returned back to the aquifer at about 200 degress.  Plants produce  50MW each.  In addition to the plants there are distribution pipes running across and along numerous road and fields as well as nemerous power lines and substations.  Plants were producing 24/7 while we were in the area.  Appears to be a reliable  source of renewable energy, however I still would not want these large industrial complexes in the town of Cape Vincent or along the Thousand Islands or Golden Crescent.



Workers and helicopter working on new power line in the desert near Palm Springs.





Sand patterns on California beach near Carlsbad Ca.




 Only a few of the hundreds and hundreds of wind turbines of
all ages and designs along I-10 at Palm Springs Ca.





           Morning shadows on desert mountains in Anza Borrego Desert State Park, Borrego Springs Ca.

NYS Loves "Green and Green Investments" !!!

Saturday, January 26, 2013

Obedience is the Problem!


Consider this quote by Howard Zinn as our communities obediently charge
ahead within the law that Cuomo and Art X has so carefully scripted for us!

For BP to win in Cape Vincent, and for Cuomo to achieve his Art. X and green
agenda goals on behalf of his wind energy clients, it requires our obedience as a key part of that plan!

So far so good!!!

Nice Try JLL...But It Ain't True - How About We Stick To The Facts And Not The Spin!

WOW...the WDT story has gotten way out of whack that the three local non-profits, Save the River, (STR), Thousand Islands Land Trust, (TILT) and the 1000 Island International Tourism Council have suggested that the PSC allow local towns to decide their land use futures when it comes to industrial wind energy.

Cape Vincent Town Supervisor Urban Hirschey apparently sent a copy of this article to the PSC as a comment.  OK good so far.

However, Hirschey's rabid supporters like Wiley at the JLL blog and Pandora's Box of Rocks blog are giving the distorted  impression that the three non-profits mentioned above have weighed in against industrial wind energy in our region.  Particularly Wiley at JLL.  Below is the JLL headline. Underlining is mine.

"Cape Vincent Supervisor Urban Hirschey sends  the NYS PSC a Watertown Daily Times article showing industrial wind opposition by three major Stewards of the Thousand Islands Region"

That is pure nonsense!!!

You can read the rest at:           http://www.jeffersonleaningleft.blogspot.com/

Let me say right up front I really wish that were actually the case, but it is not true unfortunately, and the best two of these groups can offer is a cop out stance on industrial wind, and this has already cost us dearly in our efforts to protect this region over the last 7 years.  Wiley is putting an unreasonable spin on what these groups have said and what Hirschey actually sent to the NYPSC.

The three groups are basically saying in the WDT article and comments to the PSC that the local communities should retain home rule rights to decide through zoning and comprehensive planning what industrial wind development they will allow.  In fact I only see one letter to the PSC by TILT, and not the other two groups.

So let's look at the FACTS.  First re-read the WDT article at:

http://www.watertowndailytimes.com/article/20130125/NEWS03/701259837

The only group that makes a direct statement  in the article about opposition to industrial wind in the region is TILT and they back off that in their official letter to the PSC.  Their quote below from the WDT article.
"Thousand Islands Land Trust’s executive director, Jake R. Tibbles, said that while the land trust “supports the concept of renewable energy and strongly advocates energy efficiency and conservation activities,” it does not support the siting of large commercial wind turbines."

And I say thank you for being the only one who has the metal to stand up and say outright what the proper and obvious solution to the industrial wind issue really is and that is NO turbines in our region. That is what I have been saying for 7 years since wind arrived.  It is what everyone else with any official standing like towns or groups is deathly afraid to say.  Thank you to TILT for taking a lead on the issue that is actually a relevant and an appropriate stance to the invasive impacts that will destroy our beautiful region.

However, in TILT's official letter to the NYPSC they don't say they oppose turbines outright.  They only say it in the WDT article.  You can see the TILT letter by their director Jake Tibbles at this link;

http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?MatterSeq=40867

In this letter he does not say TILT is opposed to industrial wind, only that the Art X board should  let the towns make the decision locally concerning wind siting. 

Well how about Save the River, are they saying they are opposed to industrial wind in the region as Wiley claims?  No.  Lee Willbanks their director says that there should be a three year moratorium and study to determine the cumulative impacts of wind development.  Nowhere does STR publicly say they are opposed to industrial wind in our region.  OK, so we do a moratorium and study...what then...put up the turbines?  It's a cop out!!! Or after three years do they finally come out with full public opposition to industrial wind?

And here is an irony. CV councilman Clif Schneider is or was on the board of STR, and as I understand it helped draft STR's  three year moratorium and study position.  Yet at no time has Clif or the town of CV actually asked for or tried to pass a three year moratorium just as he has recommended.  The best we got was a 7 month moratorium so they could rush ahead and go along with Art X and appear "reasonable", and that ended in a law that would actually allow some industrial wind turbines.  Go figure!!!  Seems to me that would be directly contrary to what the three groups are suggesting in the WDT article

And what about the Tourism Council?  Are they publicly against industrial wind in the region as  Wiley claims?  Nope, not them either.  The best they can offer is this quote below from the WDT article. Underlining is mine.

Gary S. DeYoung, executive director of the 1000 Islands International Tourism Council, echoed Mr. Tibbles’s support for home rule.

While the tourism council has no formal stance on commercial wind development, Mr. DeYoung said he, too, believes local officials should be the ones determining what’s best for the community.

WOW...there is a knock your socks off stand on industrial wind...just don't take a stand!!! That is nice and safe!  Don't want to offend anyone trying to destroy the precious tourism and natural assets of our region now do we!

So only the TILT group, and only in their WDT comments comes close to actually publicly opposing industrial wind energy in the region.  All three rather are basically focusing on the idea of home rule and communities should decide locally the wind issue.  Ok, I agree with that.  But that is what Hirschey actually sent to the PSC...not that the three groups are opposed to industrial wind as Wiley at JLL is spinning it.  And the Tourism Council isn't even taking a stand!

So let's look at the end result here if these groups agree that Art X should respect home rule and local decisions on wind.  Is that good?  Well let's see.  Although very restrictive, Cape Vincent's wind zoning regulations actually allow some industrial turbines, and I believe so does Clayton's and Lyme's laws.

Other than Henderson, there is no zoning law locally that actually prohibits wind.  So in essence there is NO official legislative outright aggressive public  industrial wind opposition.  So far THAT is what local decision making has produced and these three groups are apparently endorsing.

Well what about home rule and Art X and local communities making their own wind decisions? How is that coming along?

Well...so far no local community has expressed public legislative resolutions opposing Art X. like Jefferson County did.  Instead they are all going along appeasing and participating in the process.  And spin it any way you want that IS NOT HOME RULE!!!

So what you end up with is NO public official opposition to industrial wind in our communities and region...and NO official public opposition to Art X.  It's all political correctness and enabling of a system that will ultimately destroy our communities and the treasured natural assets of our region.

Well geee that is real comforting!!!

Frankly it it all nonsence, just like Wiley's claim on his post!!!

If you want to see what really should be done by local communities and environmental groups to protect our communities and region, read below my last post a plan to battle industrial wind and Art X in our region.

I get real tried of all this BS political correct talk and evading the issues and no real concrete action that matches the level of attack presented by the State and it's wind developer clients to take over and destroy or region.

So far we have played along exactly as the State and Cuomo has scripted it for us.









Friday, January 25, 2013

Local Non Profits Back Home Rule

I see in a WDT article that Save the River, Thousand Islands Land Trust (TILT) and the Thousand Islands International Tourism Council all came out in favor of home rule and communities deciding their own futures when it come to industrial wind siting and other land use matters. See the link below

http://www.watertowndailytimes.com/article/20130125/NEWS03/701259837


GOOD!!! I applaud these non-profits for their stance on Art X and home rule and it is about time they took a tougher stance on wind energy development in the 1000 Islands region…you know like NO!!!. I particularly applaud TILT for at least having the metal the other two don’t and saying NO to industrial wind in our region. Time for the other two non-profits to get with it and stop dancing around the painfully obvious with their measured political correctness. And of course even with TITLT there is the inevitable guilt disclaimer that they are not against renewables…but! Still have to be politically correct and palatable.

And the Tourism Council says they have no stance. Really? Probably the most important negative impact on the region’s tourism in a decades and they have NO stance? Seriously???

I also noticed that Mr. Willbanks of Save the River said this in the article:

“D. Lee Willbanks, executive director of Save the River, said the problem with the state’s Article X siting process is that it doesn’t require developers to conduct these long-term, regional impact studies.”

Whoa hold on just a minute! Mr Willbanks is rather misguided on that account.

NO, Mr. Willbanks, long term studies are NOT the problem. You have badly missed the point. The real problem with Art X is it removed your rights. Rights to determine your communities land use and the regional environmental future, and to even impose studies, and in the long term apply and enforce them as you see fit. THAT IS THE PROBLEM!!!

Why in the hell don’t some of these people get it???? Let’s just jump on the more studies and regulation is good band wagon. Jesus…face up to the painfully obvious for God’ sake!!! These invasive wide spread sprawling industrial energy complexes do not belong in our region, and we need to take radical steps to make sure our rights are preserved to defend this region without interference from big money lobbied political legislative profit schemes like Cuomo’s Art X. This is NOT rocket science people and more studies and regulation schemes are not going to solve the issue!!!

We also need to make sure we attack the real root cause of our regional wind energy siting issue and that is that the courts and the govt think corporations have constitutional rights like people that they can wield against us to supplant our local rights and destroy our communities.

On this issue look up the Community Environmental Legal Defense Fund or

www. CELDF.org

If we are serious about protecting our communities and regional environmental assets then forget these absurd regulatory scams like Art X, and more studies… and here is what needs to happen

1. Each town needs to outright prohibit such invasive industrial uses such as wind development in their zoning and comp plans.

2. The towns individually and jointly along with the support of local no-profits need to pass a regional legislative resolution in opposition to Art X just like Jefferson County Legislators did. Why aren’t our towns and local environmental groups supporting the County? Why won’t they even take this basic step?

3. The towns supported by the non profits need to pass a legislative resolution that Art X has no standing in our communities and region, and they will not participate in the process and will deny Art X into our communities.

4. Each town needs to pass a community bill of rights using free CELDF legal services to enforce their own laws as they see fit and deny corporate constitutional rights since there is no provision what so ever in the US Constitution giving corporations constitutional rights. Deny access to corporations we don’t want in our communities.

5. Pass a regional environmental comprehensive environmental and land management plan as we see fit to preserve our unique and treasured natural assets and include it in a regional bill of rights to defend and enforce it.

That is what I see needs to be done and it is much more powerful if we do it as a regional strategy. That attacks the real problem we are facing with Art X and makes it a rights battle that is very politically uncomfortable for politicians to deal with, and demonstrate we have resolve to defend our rights to defend our communities and region, and if they are going to force something else on us their will be a price to pay in a highly visible political battle. If they insist on removing our community and regional rights, then make them come and do it in a nasty uncomfortable public manner.

The hell with appeasing and bending over to this State/corporate lobby sponsored regulatory crap. They will win that battle every time. That is exactly why Art X was put in place because wind opposition across the State was starting to get savy and educating communities, and it was standing in the way of the State/corporate green profit, and political agenda.

Stand up and do what it really takes to defend our communities and regional natural resources and stop talking about it …DO IT!!! Before it is too late!

Thursday, January 24, 2013

How Do You Stop A Tsunami? - Count the Grains of Sand on the Beach????

If you look on the Cape Vincent blog Pandora's Box of Rocks you will see a long laundry list of industrial wind impacts the town is concerned about that they provided for BP and the Art X process about BP's wind project.

http://www.scribd.com/doc/121716255/BP-Additional-Impacts-for-Cape-Vincent-Wind-Complex

This document is long and detailed.  In the context of insisting on participating in the Art X process, with the large assumption it will be fair on these issues and can be significantly impacted by these details and it is not a political scam, then this is an impressive piece of work. 

But here is my point.

Why in the hell do we want any wide spread invasive industrial project  with this impressive list of invasive impacts in our community or region AT ALL.  Seems to me when you read this document the intelligent conclusion would be to prohibit such a land use with so many wide spread and far reaching impacts that would require this level of absurd paper chase and mitigation.

The absurd implication here is that if we just study this to death with more science and more research and require more detailed studies that we can some how overcome or mitigate these issues to a point of some type of acceptance.

BALONEY!!!!

That is what permit approvals are based on.  Get it...approvals!!!  Oh yeah we studied this to death and did more studies, and more research and made the developer paper chase this thing  from here to the moon, so I guess it is ok to permit it now because everyone feels so good that we ran it through the paper wringer. 

What a joke!!!

And I am really amused where this document says BP "shall" do this, or "shall" do that as if the town still has some kind of control over all this.  Sorry...there is no SHALL.  You gave that away for the State to decide.

Then there is all this nonsense about alternatives that BP should bring us as if one will be acceptable.  Well I don't want any alternatives from this company with their reputation and corrupt business practices, even if it is a damn lemonade stand run on solar power. Why in the hell with what we know about BP are we even suggesting anything that would keep them in our community as if that is legitimate?

And lastly...this document nit picks in agonizing detail each item as if these impacts are all that matter and will save us in the Art X process.  This completely ignores the reality that Art X is not really about all this stuff at all.  It is about POLITICAL and CORPORATE POWER, GREED  AND AGENDAS.

So where is the part of this document that deals with that impact and reality?

This town govt is making a case based primarily on items that will have very little relevance to the final outcome based on the real purpose of the Art X scam.  If your going to play in the game with the big boys it might be wise to actually know how the game is played...don't ya think!!!

We are facing a tsunami, and the town govt thinks the way to stop it is  by running down to the shore with a maginifyimng glass and counting the grains of sand on the beach!

Sunday, January 20, 2013

Which Right Removed By Cuomo Is Worse????

There is lots of controversy over gun legislation right now and particularly Cuomo’s new gun law setting himself up for a presidential run. But like anything else you have to get away from the hype on all sides and look at it carefully.

So in that context let’s not forget he has already taken away your community rights in CV and other NY communities on critical zoning issues on behalf of large foreign and other wind corporations so you no longer have the full right to determine who and what comes into your community, and determine your community’s future.
So which is worse, all the argument over gun rights, or the removal of your community land use rights? Which has the more direct and immediate impact on us.

Now I am not going to get into the gun control issue here, but let’s look at the actual facts as to the above question. It isn’t the central point.

Please keep in mind as you read I am NOT an advocate of Cuomo or his new gun legislation.

The day after Cuomo passed his reactive gun control legislation what difference did you notice other than the hype in the media etc? Did you still have your guns…will you still have them tomorrow and the next day? It’s doubtful anyhow that anybody who feels so strongly about their various weapons and ammo is going to run right down to the local police station and turn in their guns and ammo clips just because Cuomo said so in his new law. Point being that at least in the near future in reality today and tomorrow your guns are going to be in place just like they were last week or last year. You are not going to go to your gun safe and see them gone. No Albany committee is going to come to your house and hold a hearing as to whether you can keep your guns or not.

Now ask yourself…is your life as an average citizen and financial well being, going to radically change or be impacted soon because of Cuomo’s law? Not likely. Is anything in your actual day to day living going to radically change? Not likely either other than being upset, and realizing that your rights may have been violated by this guy. But you will still get up in the morning, go to work or whatever, come home eat dinner, have a beer, and maybe watch some TV and go to bed, etc etc etc. And even if you are a target of a home invasion or attack you will still have your weapons and ammo. So the question is, as much as you don’t like Cuomo’s slick quick gun law, is it going to be a radical change for your actual day to day lives?

Now let’s look at Cuomo’s Art X removal of your community rights to land use decisions with the ability to override your choice in zoning for wind energy to determine your community’s and your future and well being.

If an Albany Art X board decides that they are going to preempt our zoning on behalf of BP’s massive wind project, what impact could that have on your day to day life in Cape Vincent? It will have a dramatic impact on the entire community. And you better have a grip on the fact that unlike the gun issue a bunch of Cuomo's bureaucrats from Albany ARE actually really coming to CV to see to it your rights are removed on the land use issue!!! Let me correct that, they already removed your rights, they are coming to make the decision for you because the did remove your right to make that decision!!!

Well you better hope you are not a non- participant with property anywhere close to these 124 - 500 ft. BP wind turbines. Just the decision by Cuomo’s Art X board to preempt our zoning rights for BP could significantly reduce your property value, not to mention when the turbines are up and running where it could rip 50% or more from your property value, and like in some cases you might be stuck and not be able to sell your property at any price. Hell…just the possibility of wind turbines in CV has already impacted the housing market. And even if you live somewhere in town not directly close to the turbines you are likely to see a reduction in your home value as well. And the reality is like many Americans your home may be your prime long term investment that will be attached directly to your family’s long term financial health and well being, like access to a home equity loan for example to help pay bills or for a child’s college education

And what about your physical health and the health of your kids if you live in close proximity to the turbines and suffer from the stress and numerous health conditions from low frequency noise and other related issues?

And what impact will it all have on the local community economics when all the turbine construction workers leave and the community is an industrial energy zone, while the community is still socially ripped apart? What family is going to want to settle into this mess, and make a long term investment here with their kids? What does that do for the long term health of the schools. And what does all this do to the local economy, especially if new businesses look at this CV wind mess created by Cuomo’s removal of our community rights with Art X and decide to locate elsewhere in a more economically viable and friendly place? A place where they won’t have to fear retribution for taking a stance on the wind issue.

So Cuomo’s removal of some gun rights and his removal of our rights to determine our community’s land use future on probably THE most important issue the community will ever face…which is actually worse with a more personal impact?

In the end any removal of important rights should not be tolerated and BOTH political party have been guilty.

But it seems to me, especially in CV, when you step back and evaluate it, Cuomo’s removal of our community rights is far more devastating and more far reaching to us personally and community wise that the gun rights issue, and we should be just as upset about it. But on the removal of our community rights issue we just go merrily right along with it, when in fact it may actually have a more direct, severe and immediate, as well as long term impact on us.

And in the end if you have decided you are not going to abide by Cuomo’s law on the gun issue, which I hear whispered among some gun owners, maybe we should also take the same approach on Cuomo’s Art. X rights elimination scheme and not let Art X into our communities or participate in it and truly defend our right to determine the land use in our community and our zoning law.









Black Water

Would you welcome this company in your town, in any way, shape, or form?

For your viewing enjoyment click on the link.

Black Water (BP Version) - Gulf Oil Spill Doobie Brothers Parody


Sacrifice the 1000 Islands and Save Cuomo's Hudson



http://spoonsenergymatters.wordpress.com/2012/11/30/when-the-nuclear-fission-stops-psc-seeks-future-without-indian-point/ny-psc-chairman-garry-brown/


And guess who is all on board with this scheme.  That would be the Chairman of the NYS PSC Commissioners Garry Brown.  Who by the way sits on the Commission with Maureen Harris as a commissioner whose husband is BP's Cape Vincent Wind Farm lawyer.

 And our town officials like Councilman Clif Schneider and CV zoning committee chairman Bob " we will defend our law" Brown think they are going to stop Cuomo and the State energy juggernaut and Art X dead in its tracks with our little wind zoning regulations.

Gee, did you ever notice when you go to the NY PSC website what is prominent in the upper right corner on the banner, and on most of the other pages you go to.  Yup...those nice big industrial wind turbines! That's funny, I wonder why they don't show any NYS nuclear plants where NY gets some actual reliable power!

http://www.dps.ny.gov/

I'll bet Gary Brown (who is also the Chairman of the Art X siting board BTW) and Maureen Harris of the PSC, are having a good chuckle over all these letters coming to the PSC begging to save the 1000 Islands and Cape Vincent.   They know damn right well that they are tasked to carry out Cuomo's agenda to shut down Indian Pt. to save the Hudson, and bring energy from Upstate to do it including the nice "clean green" wind energy.  As a matter of fact the long term health of their jobs will probably depend on it!  Harris's husband is probably having a good laugh too!

Yeah, obediently following this Article X thing is going to work out real well for Cape Vincent!

Good luck with that boys!








Saturday, January 19, 2013

PETITION TO IMPEACH CUOMO!


At this link you can sign a petition to impeach NY Governor Andrew Cuomo.  This information came to me through a friend. 

http://www.impeachandrewcuomo.com/?

Cuomo is out of control.  Guns and ammo are one thing, not to mention he has already stripped NY communities of their rights to determine their own land use futures with wind energy with his Art X legislation.  Community rights, or gun rights it is all the same thing and all going the same direction.

And what about these Republicans in the NY legislature?  Why aren't they standing up and screaming about this instead of allowing this bill to pass in the night in secret?  And why are all those Republicans on our town board going right along with Cuomo on this Art X nonsense that leaves our community defenseless against energy giants like BP by taking away our community rights on wind energy zoning?  Why are they willingly participating and enable Cuomo's ability to strip away our community rights on zoning?  I don't care if it's guns or if it's zoning...it's all the SAME issue.  I have been screaming about the removal of our rights under Art X for months, and everyone has marginalized the efforts of myself and Dave Lamora, and the gun issue is just one more example on the rights issue. 

And let me make it clear I am NOT speaking for Dave on the gun rights issue, but it is obviuos we agree on the Art X issue and how to handle it.  We have been trying to explain for sometime now that the CV wind issue and Art. X really comes down to a rights and Constitutional issue, not just zoning and setbacks, and as a community that we should be attacking back on the Constitutional rights issue instead of appeasing a system like Art X that keeps eroding those rights. 

Well hell...now that you think Cuomo is after your gun rights, maybe now you will get it, since whether it's guns or the right to protect yourself and your community from a foriegn industrial giant like BP intent on raping our community with Cuomo's help it is all the same basic Constitutional issue, not zoning and not setbacks.  WAKE UP!!!

Not to mention Cuomo started an investigation into our former town officials and their wind conflicts and then just let it evaporate when he was elected Gov.  And not to mention that Cuomo's  Ag. Commissioner is in this unethical Cape Vincent wind mess up to his eyeballs with BP and Cuomo just ignores it all when he should have been investigating him as AG.   And also not ot mention that one of Cuomo's appointments to the NYPSC as a commissioner , Maureen Harris, has a husband who is the BP Cape Vincent Wind Farm attorney!  Cuomo is an ethical train wreck.

We should not be participating in Cuomo's rights removal  Art X scam.  I couldn't even convince our all Republican town board to do a simple resolution of opposition to Cuomo's Art X, just like our county legislators did.  Aren't Republican the ones that are supposed to be all fired up about govt taking over our lives, and here they sit appeasing Cuomo's Art X that took away our community's rights and forces BIG govt on our community. 

Cuomo is out of control and our town board is going right along to enable him further participating in Art X.  Wonder what rights he will go after next and how will he further screw over Cape Vincent.

It is long past time we start talking some sense into our town board and their continued appeasement of Cuomo's Art X.  They gave away our zoning rights and law right over to Cuomo and the State to determine our community's future.

And worse Cuomo will run for President at some point. That is why this gun bill exists and he jumped radically out ahead of the Fed. govt on the issue.  You can bet on it.  And with Cuomo in the spotlight it is prime time to fully oppose and deny the Art X take over of our community by refusing to participate in it and enabling it and to enlighten the world to what he has already done to us.

But our town govt and WPEG and their other supporters will sqaunder another opportunity...maybe the best opportunity, to oppose Art. X and really attempt to protect our community.

Friday, January 18, 2013

No Town Official In Cape Vincent Or Other Communities That Goes Along With Art. X Should Be Given The Sacred Responsibility To Establish Zoning For Any Community's Welfare



That's Right!  Any local  govt. official who participates in the Art X process which enables the destruction of long established responsible fundamental zoning principles and the legal precendents that support them that have protected our communities for many decades, does not understand nor deserve the sacred responsibility to zone for their citizens!  Read on to see why participation in Art X has inordinate destructive implications for all long established responsible traditional zoning, not just Cape Vincent.

Since BP may relative soon be in a position to make an application to Art X for their Cape Vincent Wind Farm, for some “light reading” I was once again reviewing the Art X Regulations. You can see them at the link below.

http://www3.dps.ny.gov/W/PSCWeb.nsf/All/143595FA3BE36AEA852579D00068B454?OpenDocument


When BP makes an application for their project there is considerable detailed information they must submit. I was struck by one requirement quoted below in the Land Use section of the regulations.

BP must submit…

“(e) A statement as to whether the municipality has an adopted comprehensive plan and whether the proposed land use is consistent with such comprehensive plan. If the municipality’s comprehensive plan is posted on a website, the exhibit shall contain the address of the internet site where the plan is posted.”


My first thought is this will be amusing as hell to see how BP conjures up lies and propaganda to answer this question.

We have a comprehensive plan that emphasizes the protection of our natural beauty, rural agricultural landscapes, and small town/village atmosphere and has no allowances for any major industrial development no less industrial wind energy.

But upon reflection it struck me…why is this question even in the application? Under the zoning preemption powers scheme of Art X this question is basically irrelevant. The Art X law powers themselves make this question completely pointless. It is more garbage that points up how ridiculous and contrary to long established NYS zoning practices, and court case law Art X really is and how it must run amuck and destroy traditional zoning principles to carry out its political agenda on behalf on its pay by lobby industrial clients.

A comprehensive land use plan according to NYS Town Law, and commonly across the country is a document that carefully defines what is established in your zoning. Zoning carries out the vision of the long term land use comprehensive plan. In fact in NYS any municipality that adopts a comp plan must then make sure their zoning is in accordance with the vision of that plan. One preemptive decision by Art X and it destroys all that long established legal relationship.

You can’t establish a plan that is all about the preservation of the beauty and natural assets of the community, then write zoning that would allow for large invasive industrial uses…like industrial wind energy. It would not legally hold up in court and there is substantial case law that backs this up. So what the hell gives the State the right to do that against what they have currently on the law books in other zoning statutes. Cuomo and the State in their brilliance are essentially preempting themselves and their long standing land use laws and case law!!! Essentially a comp plan like ours is the entire foundation of the whole fundamental zoning idea. We aren’t talking nickel and dime stuff here. Art X is not only running amuck with traditional NYS zoning concepts, but also running amuck of long established case law as well, the minute they preempt zoning that is backed by careful and deliberative comprehensive land planning. Any preemption to establish wind energy takes down the entire comp plan zoning fundamentals and the court decisions that have over time backed it all up.

Art X unfortunately established the power in law for a siting board to preempt local zoning laws the siting board determines are overly burdensome, or not reasonable to developers like BP.

So what is the point of asking BP if their project will comply to any comp plan, if the Art X board can simply override our zoning on behalf of BP, and in doing so completely invalidate our comp plan. If you put up one 400 or 500 ft. industrial wind turbine in CV, not to mention 20, 40,60 or 124 then you are in complete violation of our comp plan since any zoning decision must traditionally, by NYS law, be in compliance with the vision of any community comp plan, and especially when the whole thrust of our CV comp plan would be in direct and absurd contradiction to any industrial wind project.

Once the turbines are allowed the entire effort and premise of our comp plan and it’s community vision, and the zoning that is legally attached to it gets vaporized. At that point there is NO point left in even having a comp plan such as ours or any lasting community vision. What CV becomes is nothing more than a monument to an absurd zoning scam and how Cuomo and the State threw land use planning and zoning on the trash heap on behalf of their well paying industrial developer clients. And by our town participating in this scam they are helping to ensure CV gets thrown on Cuomo's zoning trash heap!

And it doesn’t even take the Art X board actually overriding our zoning. The fact that their preemptive power exists at all destroys tradition long established fundamentals of zoning. Now on the most important issue many of our communities are facing in NNY there isn’t even a point in establishing a comp plan under the Art X zoning scam.

Of course we should not be surprised because the entire BS scheme for wind energy to exist, even before Art X, requires developers to completely trash the traditional fundamentals of zoning. Such was the role of our former planning board and our previous wind conflicted CV govt. BP and Acciona had to have friends in the local zoning business willing to step up and run amuck with zoning on their behalf.

Only now, with Art. X, wind energy has convinced wind puppets like Cuomo and much of the NYS legislature to do the same dirty work for them, only at a higher and more powerful level where the outcome is more certain and the same money is more effective than throwing it at local municipal officials.

If for nothing else, the simple reason of what Art X is doing by running amuck with fundamental long established responsible community planning and zoning practices, we should not be participating in this scheme, or enabling it. The costs are simply too high on a much bigger scale to sit back and appease this absurd scheme.

When our Town officials tinker around with this nonsense as only a local issue to be overcome against the State, I am not sure they fully understand the true implications of what they are doing and appeasing. They are running amuck right along with a badly distorted and run amuck system and enabling it further and willingly giving it validity.

And in my opinion any local public official in our town or any other that willingly buys into and participates in this reckless Art. X scheme that so badly runs amuck with traditional responsible zoning principles and supportive case law, and contradicts other NYS land use laws, should not be given the sacred elected or appointed privilege to participate in any community’s land use defense or the sacred responsibility of establishing community zoning and the health, safety and welfare it should provided its citizens.

And the sad part is many have bought into this entire BS scam because our State legislature and Governor wrapped it all up in a nice tidy law that looks so respectable and legitimate coated in a regulatory paper chase that has been all bought and paid for so local officials will buy into the illusion that the only way they can beat it is by going along with it.

It is the perfect scam!









Wednesday, January 16, 2013

NO WAY!!! We gave away the power to say NO WAY!

In the recent WDT article about the town’s dealing with BP’s actions concerning their Cape Vincent Wind Farm proposal and Art X, CV Councilman Clif Schneider made this interesting comment.


“Councilman Schneider said the town “will prevail” in the end because “there’s no way” that BP is putting 124 turbines that are nearly 500 feet tall in Cape Vincent”.

No Way…really Clif? Well, I wish I had Clif’s confidence level on the issue, but this statement is terribly misguided and he and our board seem to be missing something in terms of the Art X realities. He may be right by default in some respects, but that could make this a very loaded statement and even then he will have nothing to do with that final decision as to how many turbines BP will get and what size. We will examine that in a minute. But I would like to know on what basis Mr. Schneider has the bravado to claim such nonsense. It’s not reality. Clif’s bravado is writing checks he and his board legally can not cash! Well I guess it makes for good press.

Mr. Schneider in his bravado, along with his fellow CV govt officials makes these statements as if he and they will in some way have control over that final outcome of BP’s project. They need to get a grip on the reality between actual control and simple regulated input. That is far from the reality because neither the town nor Mr. Schneider have any control over this outcome beyond an opinion, or argument they can express to a third party Art X siting board, which will be the ones to determine our community’s final fate. The Art X board will make the final determination as to whether BP will place 124 - 500 ft turbines in CV. Not Clif and not our town board or any other CV govt official. THAT is the reality!

The Art X law clearly says the following about who has the power to determine the siting of an electric generating facility in NYS more than 25MW and it certainly is not Clif, our town board, our planning board or any Art.X advisory committee.

A quote from the Art. X law. The underlining emphasis is mine.

1. Notwithstanding any other provision of law, no state agency, municipality or any agency thereof may, except as expressly authorized under this article by the board, require any approval, consent, permit, certificate or other condition for the construction or operation of a major electric generating facility with respect to which an application for a certificate hereunder has been filed…

Clif nor our town govt can exercise no power to determine how many of BP’s turbines will be placed in our community. Oh they can argue it to death, they can present evidence, they can beg, they can write laws and letters, or express opinions. But they DO NOT determine whether BP will place 124 turbines of 500 ft., or 5 turbines 10 ft in height. That is exclusive to the Art X siting board and it is irresponsible anyone in our town govt including Mr. Schneider to go around in his zeal and imply, or give the false impression to our community that they some how have power to stop BP from putting up their turbines, no matter how many or what size. THEY DON’T and the Art X law graphically says so.

Clif says NO WAY. Well in reality the only NO WAY in this debate is that the Art X law says he or our town govt can NO WAY make the final determination as to what the BP project will be. The best they get is an opinion. And that is what makes Clif’s statement both desperate and reckless.

They gave that power to the State by choosing to participate in the Art X process. When they did that THEY gave away our community rights and relegated themselves and all of us to nothing more than opinions on the matter of what BP gets to put up in our town. Get your head around that because THAT IS REALITY!!!!

That being said, Clif’s statement may be some what accurate in some respect. We might not see 124, 500 ft turbines. In fact I don’t think we will. We may see 40, 60 or 80 - 500 footers or maybe 400 footers. Do you think that would be acceptable???

But in the end it’s not Clif’s call either way.

The same applies to any former BP Acciona SEQR studies our former conflicted planning board approved and the town is now claiming they will fight or not allow BP to get away with as valid in the Art X process. Whether BP gets to pass off those bullshit studies or not is no longer the town’s decision either. That too will be the exclusive decision of the Art X board. And frankly I would be braced for the fact that no matter how loud our town screams the Art X board may accept those studies in part or whole if you look at how the PSC is handling BP’s PIP so far. Just check off another box in the regulatory scheme so they cover their asses at the State level.

It is both amusing, and actually quite sad seeing our govt officials strutting around trying to imply like Clif or convince everyone they have the power to determine outcomes in this Art X process, when the actual Art X law clearly says they don’t. The law by specific design makes them a paper tiger as long as they participate in it and by its rules.

Spin it any way you want ladies and gentlemen of the CV town govt, unless you step out of the Art X process and really decide to defend the zoning we have and our community, then otherwise you have NO power to make any final determination on anything about BP’s wind project, no matter what you do, or how many letters you write. The final decision belongs exclusively to the State and to spread any other false impression is simply irresponsible and not reality.











Monday, January 14, 2013

BP GO HOME - Really, Somebody Better Tell The Town Board

As I am reviewing the activity on the Cape Vincent wind issue on the local blogs something funny struck me on Pandora's Box of Rocks blog.

In a couple of places there you will see words saying "BP GO HOME"

I would guess this would indicate that K and the commenters that support this mantra on her blog would like BP and their wind project to leave town permanently.  I don't know how else to interpret that statement.

Yet here is our town govt. , of which her husband is an official, repeatedly inviting BP to COME TO TOWN and discuss all the details of their project, inviting them to do a solar project, and inviting them to come to town for a discussion on what parts of our law BP would like the Art X board to preempt, suggesting how they can improve their PIP, and suggesting a sit down in one town letter to disguss PILOT issues. 
Seems it would be hard to get BP to GO HOME when you keep inviting them here for more an more dialogue  

The absurdity continues!!!!

What ??????? Are You Kidding???!!!

Recently there was a exchange of letters between Cape Vincent Supervisor Mr. Hirschey and BP's project manager Richard Chandler about the agenda of a meeting between the CV and Lyme officials and BP later in Jan.  You can see these letters on the CV blog JLL.  Here is one quote from Mr. Hirschey to Mr. Chandler.  This quote absolutely boggles my mind.   Underlining emphasis is mine.


"Your letter does not in any way reflect or even acknowledge your appreciation of our ongoing difficulties in understanding the full scope and nature of your proposal for Cape Vincent and Lyme. If part of your purpose in wishing to come to Cape Vincent in January is to inform us more fully about the proposed location and design of your project, we would welcome that. We would also welcome discussing the issues mentioned in your revised PIP - namely the listing of potentially negative impacts, studies to assess their impacts and those parts of our local law you will be requesting that the Siting Board extinguish."

My first reaction to this is What The F!!!

Get out of the box a minute and think about it.  Why in the hell do we want to know more about the location and design of BP's project?  We have enough details right now even with only a crude BP map to know what destruction the BP project will do to our community. Hell, you don't even need any map to figure that out...it's a no brainer.  So what the hell is the point of knowing  the specific details of how they intend to destroy our community. If I am told someone intends to drop a nuclear weapon on my community, I really don't need to know the details of how the bomb is designed.  That is really pretty pointless.   Has Hirschey and the Board now reached the point they have accepted that BP's  project is inevitable and  the approach is we are going to argue with BP over the design and details?   Seems to me there is only ONE point in wanting to know the specifics of the detail and design of the project...so you can go down some ridiculous road thinking you can  regulate it or compromise on the design and siting. Seriously????? Because otherwise the town and BP are a long long way apart.  The town if we believe their mantra claims BP must abide by our law and we will defend it, and BP wants 124 turbines that has absolutely no regard or relationship to our law.  So what is allm this meeting dialogue going to accomplish...a compromise?

If our Board is truly intent on trying to stop BP's project in CV as all their supporters like to believe then there really isn't any more point to know more details about BP's project.  What the hell is the point?  We know enough already.

But for the sake of argument let's say BP comes forward with all the specific details the town is requesting and answers all the questions about where every single turbine will be placed, who the non participating neighbors are and their land boundaries, all the setbacks, all the good neighbor agreements, all the impacts and studies, all the the sound issues etc etc etc  blah blah blah.  And let's say the town gets into a debate with BP over all these details and argues them to death which seems to be where they want to go.

WHO CARES... SO WHAT...WHAT THEN!!! 

Did it ever occur to Hirschey or the Board or anybody that it would all be pointless because all BP has to do in the end no matter what our argument is or how hard we argue it with their project details is to say screw you town...we are going to Article X anyhow.  Did it ever occur to these town officials they have NO POWER to argue all these points and detail and specifics with BP.   It's pointless because it is all in the hands of an Art X board.  The town gave away its power  to negotiate any details with BP, so this discussion crap with them is pointless.   BP coming to talk to our town officials is all patronization. Unless of course the town is going to try to pre-negotiate a deal with BP before this all goes to Art X.  There is a scary thought.

Really the only point of argument if the town insists on going with BP into the Art X process will be before a Art X board, not a meeting in Cape Vincent with BP and the town.   And then basically it will come down to the same thing...we will be arguing and hoping for a compromise from the Art X board.

Then there is the last and most absurd part of Hirschey's letter.  Does somebody want to explain to us why in the hell do we want to enter into a discussion with BP of what parts of our zoning BP will want to extinguish.   Wait a minute...I thought we were going to insist on BP abiding by our zoning and we would defend that stance.  That was the overriding theme from our town officials in the Oct 23rd meeting with BP.

 Ahhh well...if that is still the case and hasn't gone by the wayside, then there is no discussion of what parts of our law BP wants preempted. That is beyond absurd and completely pointless. You simply take the stance with BP of abiding by our law our leave town.

I would love for some town official who supports this nonsense of some supporter of them to come on here and explain what the hell the point is of all this talk with BP and what it will accomplish, because it all smells a lot like a path to compromise and negotiation to me.

BP Should Present Us With an Alternative For a Smaller Wind Farm?????

 More comments from a recent the WDT article.

Another quote from Councilman Clif Schneider.

"Mr. Schneider — who had reached out to the state Department of Environmental Conservation, Public Service Commission and U.S. Fish and Wildlife Service — and others found that many of the complaints BP had received years ago still hold true today.

Mr. Schneider told fellow town officials Thursday that some of the common criticisms at the time included the developer’s “insufficient” responses to inquiries, lack of multi-year impact studies and absence of an “alternative scenario” that involves a smaller wind farm."

Uhmm...I am a bit confused and not sure where this is going.  Do we really want to be getting into or even bringing up discussions or consideration of BP bringing us a smaller wind farm alternative?  Hopefully Clif and the towen officials are not seriously going to consider or even dig up the old idea of a smaller wind farm!

I'm with Cape Vincent Planning Board Chairman Dick Macsherry on this one.  The only alternative in this issue should be BP leaving town!



Suprise Suprise, the Production Tax Credit Was Extended

Well not really a surprise.  I indicated months ago it would pass at the last minute despite all the hoopla that wind was dead, and the PTC was dead, and BP's project was dead yada yada yada.

So were there any indications that the PTC would pass?  Well yes actually.

For example why would BP buy up the Acciona leases that would basically be useless to them if the PTC was not extended.  Think it will only be extended till the end of 2013...think again.  Maybe BP clearly knew something many of the wind is dead nay sayers didn't.

Then there was and even clearer signal.  That was when big Rep. big wig Karl Rove came out in favor of the PTC, and that was at a AEWA convention no less.  Too many people get wrapped up in distorted partisan thinking that this PTC and wind issue is only a Dem. issue.  Think again.  Remember that it was Rep NY Gov. Pataki that promoted the NY Renewable Portfolio Standard opening the NY doors to wind developers by forcing wind energy on NY rate payers and utilities.

Then there is the jobs, jobs, jobs, hoopla that renewable energy is going to bring us.  Not many politicians are going to be against that especially when most of their constituents are under the entire green illusion.

I think the PTC is going to be around awhile and we better stop hoping that its defeat somewhere in the near future will be our salvation against wind.

I just  came back from a Ca. desert camping trip and tour.  There are solar projects cropping up all over the Ca. desert.

And what happened to all those letters and phone call we made that we were told were the ticket to stopping the PTC?  Better start realizing the power behind the agenda.  Are politicians going to listen to some letters and phone calls or are they going to listen to millions in energy lobby money.  Do the math!

Any lesson to be learned here about all those letters everyone is writing to the NY PSC begging for Cape Vincent's salvation from BP's wind disaster?  Wonder how that will work out against millions in wind loby money?

Take a lesson from the PTC extension.

Cape Vincent Councilman Schneider Thinks BP Is Acting As If Their Wind Project is "Inevitable" - On the Path We Are On, It Actually Is Inevitable!!!

In the WDT article referenced in the last post Cape Vincent Councilman Clif Schneider made comments about BP’s actions in the Art X process.

http://www.watertowndailytimes.com/article/20130111/NEWS03/701119837

“Town Councilman Clifford P. Schneider said developer BP Wind Energy, in its correspondence with the town government, talks about its proposed project almost as if a wind farm in Cape Vincent is inevitable.

This is not a done deal,” Mr. Schneider said. And it’s not inevitable.”

I hate to tell you this Clif but you already are an agent in a process that is all about making BP’s wind farm inevitable!!!

Councilman Schneider might want to re-think that statement considering the context of the Art X system in which he and the board have chosen to operate under. Apparently Clif fails to comprehend a critical fundamental issue of this process.

What he fails to see is that the he and the town board surrendered their right to stop BP’s wind farm from being inevitable. They did that by choosing to participate in the State’s Art X process. That is something Clif and the board and all you people who support this Art X direction better get your head around and quickly. Honestly, what do you think Art X is…a process to STOP wind farms and other electric generation? There would be absolutely no point for its existence otherwise.

Clif and the town board opted to give away any right to veto power to stop BP’s wind farm from being inevitable by participating in the Art. X process. Art. X is a State regulatory scheme to site and regulate electric generation projects, not deny them. And as CELDF lawyer Tom Linzey says, once you opt for only the right to regulate you have opted to enable the developer to develop, and you might get to regulate the project a bit to maybe lessen the destruction it will bring. Regulate…that is what the word means! It does not mean deny!

Think…in order to regulate, or participate in a process that regulates, there must be something TO regulate which therefore by logic says you have surrendered the option of denying the project and accepted the premise the project will exist so it can be regulated. When you give away the right to veto all you have left is the right to regulate. Therefore under the Art X scheme, and the town’s participation in it, some form of BP’s project is inevitable. Apparently Clif fails to recognize this fundamental concept. That is what the entire process was set up to do for God’s sake! Wake up from your version of Art X dreamland Clif! Too many are thinking Art X is a process to denial and it isn’t and that is the idea you are erroneously leading your supporters to believe!

Now the question you have to ask yourself as a CV citizen and willing participant and supporter of the board and Art X regulatory scheme is whether what you voted for by putting this town board in place including Mr. Schneider was for them to only regulate an inevitable wind project. Seems to me there has been an awful lot of hoopla talk out there for some time now about getting BP to go away by denying their project. Wasn’t the last election supposed to be an anti wind referendum where the majority expressed their opposition to wind in our community…or did I miss something? If that was the case then why are we so deeply imbedded in the Art X process that is all about approval and regulation, and not defending our community rights to prohibit???? Well I hate to tell you denial ain’t going to happen when you use Art X as your only defense which is a process for approving and regulating wind farms and other electrical generation…not denying them. Remember when Cuomo came to Watertown last summer and was asked about Art X what he said? He told us that we as communities have to be “reasonable” And you can damn well bet he didn’t mean to use Art X to kill his precious wind agenda and the wind farm proposals that make it possible. “Reasonable” means you might get a crack at a little wind regulation in your community…not denial!
The sad fact is the State and BP hoodwinked you into thinking that participation in the Art X process was a potential path to denial, when it clearly isn’t, and that is how they subtlety trapped you into going along to only regulate BP’s inevitable wind project when you think you can deny it using this process. Every letter to the PSC is only an effort to participate in a process to regulate, not prohibit. Look at all the agency heads who will be on the Art X board. Those are all regulatory agencies!

Councilman Schneider’s issue is that he was once an employee of one of those regulatory agencies the NYDEC. He IS a regulator, and I believe has badly colored his thinking that regulation and institutional thinking is the only way to proceed. Under this thinking you don’t deny or prohibit…you regulate! To truly defend this community we need a radical break from that path.

At that is why BP is acting as if their wind farm is inevitable, because they know Art X is designed to make it that way. Maybe not all 124 turbines…maybe 50, 60, or 80, or some slightly lesser disaster. And that will be your prize for being willing to participate and regulate.

Does Clif actually expect BP will start acting as their project isn’t inevitable? Really???? Get serious! The serious question is will Clif convince our board that maybe 60 or 80 turbines has averted a disaster and is the best regulation we can get? He is already promoting the BP solar ideas as compromise, and suggesting CV is not opposed to a large renewable project of some kind, even though it would violate our comp plan and zoning. So like I said if you are intent on saving this community you better quickly get your head around these realities of regulation vs. denial of BP’s project and what it actually means. That is why I have been fighting hard against the board’s participation in Art X because it is not a path to deny BP’s project…only regulate it…and that won’t be only a few turbines as our law might allow. I wouldn’t even want those, especially with BP as the owner. Even one industrial wind turbine violates our comp plan. And our zoning took the wrong tact too by opting for only regulation of wind and surrendering our most precious right to be able to prohibit what we think is not in the best interest of our community.

As I said in the last post, I applaud Planning Board Chair Dick MacSherry for publicly asa town officer getting to the truth that BP should leave town and I don’t think that should be only an alternative. I suggest we get behind him and encourage him to pursue efforts that will actually re-establish our right to veto BP’s wind nonsense in our community, instead of just some half assed regulation of an impending inevitable disaster using the Art X process.

At least Mr. MacSherry’s thinking shows the seeds of comprehending the difference between the Art X process of only regulation and instead retaining our option to defending true community rights to veto and we should support and encourage that thinking before it is too late!

A disaster is a disaster no matter how you spin it…you either chose to only regulate it…or you choose to do everything you can to stop it. The difference is dramatic!





BP Should Get Out of Town! - Thanks Mr. MacSherry!

Have been camping in the S. Ca. desert for an extended period. A number of interesting things happened in that period in the Cape Vincent wind issue. Particularly some comments made in the WDT by town officials.

Let’s start by looking at the comments of our Planning Board Chairman Dick MacSherry.
His quote from a recent WDT article.

 

http://www.watertowndailytimes.com/article/20130111/NEWS03/701119837

“Planning Board Chairman Richard H. Macsherry said the alternative plan for BP should be “getting out” of Cape Vincent entirely.”

I am glad to see Mr. Macsherry publicly cut to the chase about the real issue here, and not beating around the bush like some town officials insist on doing in the Art X process.
The only disagreement I have here is that I would say that this sentiment should not be the alternative plan…it should be THE PRIMARY PLAN!

I hope Mr. Macsherry will assert leadership and take some positive steps toward aggressively promoting this direction instead of this self defeating tail chase we are in with BP and the State in the Art X process to appear “reasonable”.

Next post will examine Councilman Clif Schneider’s confusing comments in the same WDT article.