Tuesday, April 23, 2013

The Town of Cape Vincent Supports The Preemption Of Its Own Zoning Laws!!!




Oh My God!!!  Did the Town of Cape Vincent officials really say that?????
Oh geeeez...now I am going to have to change my diapers again!

One of the things I have learned in this 7 year wind battle is that just about time you think you have seen or heard it all, or that  things simply can't get more absurd...that is the time somebody says or does something that tops it all.

However, previously it was mostly the pro wind side and their nonsense that created these spectacular museum quality public gems. You know, like illegal unconstitutional voter laws, and then refusing to recind them.   But lately it is our current Town officials that are adding to our prime entertainment!
A commenter on my blog reminded me of the statement below in the Town of Cape Vincent's review of BP's scoping statement.  And it is a real hum dinger when you think about it!!!  I missed it the first time around.  Here is the quote!  Somebody please pinch me and tell me the town didn't actually say this!!!  Underlining and color emphasis is mine.

"The Town's Recommendations

The summary in the table below captures the recommendations that came from the Town's extensive discussion of the issues that follow the summary. These recommendations grew out of our understanding of both the Article 10 rules, which we view as fair and impartial, and BP's scoping statement."

Seriously!!!!!     Art X is a fair and impartial process???????????????????????????????????????

The first thing that hits me is...when the hell did a process that stips away a community's  right to form zoning laws that allow it to determine our own future suddenly become fair and impartial.  It wasn't fair or impartial the day it was signed by Cuomo and rammed down our throats ! 

At what point did the Town decide on behalf of all of us to start taking steps with ignorant comments like this that do nothing more than badly defeat their own defense arguments against BP and Art X preemption.  Why the hell don't they just say BP's PSS is fair and impartial too.  This statement is about that ridiculous!

Let me see if I get this straight.

The Town officials almost unanimously have said over and over and over that they intend to defend our zoning laws, and that BP and the NYPSC must abide by our laws that defend our community's health safety and welfare.

Then right out of the other side of their mouth they are saying that the process that has already stripped away our community rights by being able to preempt any zoning we write and want to defend and ENFORCE is...

...fair and impartial!!!

The Town in it's infinite wisdom with this  absurd statement just gave the NYPSC and the Art X siting board the blank check needed to preempt our zoning without objection. 

Think about it for a minute. 

If the Town thinks the Art X process is fair and impartial, and worse is stupid enough to say that in such a blanket startement in a legal public document, then what they are also saying is that any decision rendered by the Art X Siting Board would also have to be fair and impartial.

Even a decision to preempt our laws on BP's behalf!!!!

Now imagine you are an opposing lawyer for BP, the NYPSC, or the Art X siting board.  Geee I don't know, think this would be a precious gem for them????  All the NYPSC, and the Art. X board and BP have to do is drag out this inane town letter and say to the Town...

" Sorry you didn't like the final decision, but even YOU agreed that this has been a fair and impartial  process and decision.  You said that in  documents submitted to the Art X siting process public record.  Thank you very much for endorsing and supporting our legal decision to preempt your laws!!!! So what are you complaining about and why the hell are you here!!! 

Well thanks very much town board...you just completely screwed over any chances we had to win an Art X rehearing or litigation to challenge the siting board decision with your infinite "expert" efforts to prove you are "reasonable"!  Being reasonable is one thing...being legally stupid is another especially when your community is on the brink.  Brilliant move...just shut down one of your legal options to defend your community!

Want to really see how insane this has become?

You know it occurs to me that Richie Edsdall used to talk about Art X all the time, and he seemed to favor it. He thought the State would ultimately take over on wind siting.   Remember also that former CV councilman Mikey Orvis thought Art X was a good idea and endorsed it.  I'm sure numerous other of the pro wind side endorse the Art X process and we know BP and Iberdrola and Cuomo certainly endorse the process.

Well guess who else sides with Cuomo, BP, Iberdrola  pro wind, Edsdall and Orvis on this nonsense...that's right...

...OUR VERY OWN TOWN OFFICERS THINK IT IS FAIR AND IMPARTIAL, AND THEY ARE DUMB ENOUGH TO PUT IT IN WRITING IN THE ART X PUBLIC RECORD!!!

You might as well stop bothering to fight the State and BP any longer , because your Town "experts" just told the State that no matter what they do to our zoning laws it was obviously...

...fair and impartial!

Essentially your defense and arguments are GONE!

And finally... If I was one of those people who devoted all this time to writing letters to the NYPSC, opposing BP's wind disaster, and some also opposing the Art X legislation and process...I would be pissed as hell that your very own town govt is now saying on the public record to the very State that is screwing YOU, that it is a fair and impartial process!

They just pissed all over your efforts.  GOOOOOOD LUCK WITH THAT!!!

14 comments:

  1. Peepmtion? Great word dufass. You might want to try "Preemption".

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  2. This comment has been removed by the author.

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  3. 2:49

    Thanks for reading and commenting and pointing out the spelling error. As you can see it has been corrected.

    However, as long as we are on that subject and you are apparently a spelling genius, the word "dufass" is spelled "doofus" according to the Urban Dictionary.

    I find it interesting that when the town is giving away the keys to the legal defense against Art X and BP you are preoccupied with a blog spelling error.

    Maybe you can explain to us why after town officials have said over and over again they will not negotiate our zoning law, that they suddenly declare that the system that actually allows BP TO negotiate our zoning before an Art X board is somehow fair and impartial.

    I hope you have a rabbit and a top hat for that one!!!

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  4. Wrong again dufass.

    Urban Dictionary: dufass

    www.urbandictionary.com/define.php?term=dufass

    is a french canadian way of calling someone an idiot.

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  5. Well DUFASS, There are many online dictionary sites who spell it DOOFUS!

    Either way I don't have the time to waste on this nonsense.

    Actually your inability to intelligently engage the real discussion here about the CV town officials statement that Art X is fair and impartial tells me all I need to know.

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  6. Art, I won't correct your spelling, but will take slight issue with one of your assertions. I agree ,the town has put itself in a precarious spot,boxed itself in a corner by professing to all that they consider the ART.X process fair and impartial. Doesn't leave a lot of room to question any decisions rendered by this review board,even if the decisions are contrary to the best interests of Cape Vincent. This would seem to indicate the town has no intention of legally challenging any decision made by the review board, but is content to rely on their ability to make a solid argument for the application of our local zoning law.

    I've disagreed wth this course of action from the beginning, preferring that the town would take legal action to challenge the State's usurping of Home Rule,and have no confidence that it will result in our law prevailing.

    But,still it is a leap in logic to imply the town would necessarily feel that any decision made by the review board is fair and impartial,just because they say the rules are fair and impartial.Not sure that is so. You can always disagree with a referee's call, even if you don't plan to appeal his decision. Might be semantics, because in the end you have relinguished any legal ground to make a challenge,but still one can't make the presumption that you will agree with call.

    Don't get me wrong, I think it is boneheaded (even irresponsible)to make such a declaration that the rules are "fair and impartial", when clearly they are not, just to soften up ,or patronize, if you will, the review panel. Can't believe the town thinks the hearing examiner,or the review panel won't see through this ruse. A cheap gambit that insults the citizens of Cape Vincent,and New York.

    How can any rules be fair and impartial, when the criteria for discussion and final deliberation are totally in the discretion of the review panel,and reasonableness has been redefined to mean not overlyburdensome to development.

    The town has just committed this community to accepting the decision by this review board,whatever that might be.

    Fair? Impartial? definetely not!

    Bureaucratically corrupt is more like it!

    D. L

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  7. DL...you may be right, we may be splitting hairs in semantics.

    However, I still don't see that if the town publicly conceeds that the rules and regs of Art X are fair and impartial, how the town could suddenly declare a final decsion was unfair and not impartial. The two things are directly connected. Now they may not LIKE the final decision, but I don't think they could credibly say it wasn't fair or impartial after they publicly agreed to the fair and impartial premise up front.

    The following comments are directed at my general readers...not neccessarily DL.

    I think the bigger question here is WHY and WHAT makes these town officials come to this "fair and impartial" conclusion when all fingers point to the exact opposite? Even the county officially voiced opposition to Art X, and I doubt it was based on the idea they though it was fair and impartial!!!

    How in God's name do these supposedly intelligent officials come to such a conclusion that the renewable lobby, powerful corporations, and politicians removing their basic rights on this issue to determine their community's future, through invasive big govt interference is some how..."fair and impartial."

    In my opinion you have to be really naive, and completely out of touch,or both, if they can not grasp that the Art X process sits on a heavily tilted and skewed playing field that is against their best interests, and as a result the last things it is is "fair and impartial." Just the sums of money involved both politically and finacially clearly should be evidence to these town officials that their fair and impartial statement is just plain absurd, not to mention what it does to any possible future legal defense possibilities.

    It is mind boogling that these town officials cling desperately to this fair and impartial process fantasy. Some of the town officials have become so irrationally over committed to the science and logical health, safety and welfare zoning law approach, that they need to exclude the obvious influence of the ugly political truth of nearly everything else, like money, politics and power, in order to endulge themselves in this fantasy. In other words for them to believe their approach will work they must endulge themselve in an illusion that this process is "fair and impartial.

    Ask yourselves...after all we know about NY politics, and the influence of huge corporate power and money, do YOU actually believe, with a straight face, like your town officials in the fantasy that the Art X process and it's rules are "fair and impartial??? Really????

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  8. Since you guy have spent any time in a court room or practiced law, I am not sure why you would profess that the town has given up their right for legal action if the process turns out not to be fair or partial.

    To dumb it down for you, that’s like saying I thought my husband or wife, was fair and partial when the marriage took place, but now I want a divorce. You are espousing that a divorce cannot be filed, let alone won on the grounds that one or the other turned out to be unfair and/or unreasonable. That is complete and utter hog wash AND YOU KNOW IT. And if you don’t know it, you should keep your mouth shut when it comes to offering legal opinions.

    Your line of thinking and the attacks you use to drive them home is very myopic and stated only to support your position. Now that is what I call unfair and unreasonable by any standard.

    We all get it, you don’t believe the direction the Town Board is heading down is the right path, and you’re surely entitled to your opinion. But it is unfair and unreasonable to call the Town Board desperate, irrational, naïve, out of touch, or to state that they indulge themselves in an illusion to support their position, just because you think your methods are superior to the direction they are taking.

    To quote one of your remarks to Julia Gosier, “These two town boards were duly elected by majority citizens of each community.” It is therefore unfair and unreasonable to viciously attack their character, acumen or their commitment to fight off the onslaught of industrial wind just because they don’t follow your advice or direction. It is therefore evident by your own words that you are a hypocrite. You might want to look in the mirror and ask yourself who is really out of touch with reality here.

    I have taken the time to read over your blog and what I see is a narcissistic man desperate to have his opinion heard and prove to the world that he is right. I suspect it is by no coincidence that you ended up living in the town that was one time destined to be the home of Napoleon Bonaparte.

    The good news with your blog is, that should the state read it, and that is a big if, they will realize just how astute our town board is and understand that being fair and reasonable is the right thing to do for one of the town’s they represent. If they don’t, then regardless of what you would like us to believe, the Town Board still has the right to litigate the matter in court.

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  9. So after you lambasted the other blogs for deleting comments, I see you deleted the second comment in this post. Seems you are nothing more than a hypocrite and subscribe to the rule of do as I say and not as I do. It appears this blog is nothing more than a fraudulent attempt to attack those who do not subscribe to your way of thinking.

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  10. PAY ATTENTION 4:39

    Now this response to a comment is really going to be fun. I just can't help myself on this one. Sorry 4:39! But you hung yourself! I hope my readers will follow along.

    Let's examine carefully 4:39's irrational comments. I will demonstrate why I consider 4:39's comments irrational in an apparent attempt one would think to defend his favorite town govt!


    I'll bet 4:39 has just been laying in wait ready to pounce.
    Waiting like a big attack dog and salivating patiently behind his computer for that prime opportunity, just the right moment to pounce and take me down, then strut around to show how he put Pundt away defedning his favorite govt officials. You know... show the world his clever razor sharp intellect!

    Hey 4:39... what I want you to do is stop licking your chops or whatever else you are licking before you hurt yourself, Have your owner take you off your leash so you can go back and carefully read the NAME on the comment that was deleted. Now take your time because I don't want to stress your mental capabilities. So what did you see? Was the comment title "anonymous or someone elses comment?" No it wasn't. So what was the NAME on the comment that was removed?

    Take your time....That's right the name of the commenter was Art Pundt!!!!

    Now I know this is really challenging so let me help you.

    I removed MY OWN COMMENT you pin head!!!

    Why because I posted it, and then wanted to make some edits and repost.

    Now let me give you a little advice. If you want to play the role of the big attack dog on the porch. Then the next time you go to bite somebody to show how smart and tough you are...next time try not bighting your own freakin leg!!!

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  11. You know 4:39 sometimes I go after people who post anonymously. But in your ridiculous comment above...it was the best choice you ever made!!!

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  12. 2:55 and readers. My response to 2:55's comments are to long for a comment, so I will put it up as a post.

    Hope you will follow it.

    Thanks,
    Art Pundt

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  13. Pretty funny Mr. Putz, I have to admit, I didn't notice your name was on the post. Got me on that one! Today is the first time I have read your blog, I will be more careful next time, but I suspect my inclinations about you are still correct.

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  14. Well at least you are big enough to admit. I give you that credit!

    You can believe what you want about me that's perfectly ok, and if you have been around a while you know your comments aren't near the worst attack on me by far. It's the price of the ticket I guess for my approach.

    But I rarely block a comment as the other blogs do unless it is way over the edge of taste. On JLL you can't even comment anymore and it appears the post and comment archive have also been removed.

    Keep in mind if you are reading the other CV blogs, and I highly encourage you to do so, but keeep in mind that one is the wife of a town officer and regularly blocks any comments that in any way remotely challenge the Hirschey govt. That is fine that is her right to be a spokeswoman for the CV govt, but just keep in mind the relative accuracy of the information when it comes to town govt. Despite her and her commenters former attacks on me. I still supported her blog legal defense against the blogger law suit with $$$ and never got so much as a thank you. It was her husband who finally shook my hand and thanked me! Now that takes real integrity!

    Let me give you an example. Despite her repeated rants against wind power (good) and Art X (good) when her favorite town govt makes the ridiculous staement that the Art X rules are fair and impartial, she doesn't whisper a word about it. Neither does the JLL blog. Of course how could she...her husband signed the letter that made that absurd statement!

    Both blogs have ranted and ranted for years against the tax subsidies and the politicians that support them for renewables like wind and solar... BUT when there very own govt officials talk about BP of all people should bring us an industrial solar project which woud require the exact same subsidies and local PILOTS to exist.

    Then there is a deafening SILENCE from these two bloggers. Just a bit hypocritcal don't your think. So just consider the sources!!!

    The other blogger is a rabid support of the Hirschey govt and used to block my comments too.

    So I hope you will keep reading to get some balance, because many people, except pro wind in town are just scared shitless to make a challenging comment or even question the Hirschey govt. Doesn't even seem like human nature or reasonable that in such a hot complex issue of such a critical nature that virtually NO ONE other than me and a very very few others would have an alternative view as to what this govt is doing. Even when they make such an absurd statement that the Art X process and rules are FAIR!!!

    One thing I have always found interesting is that many will proffess their staunch support of the current govt, but can't find the courage to show that support with a name behind it...at least on the blogs. My opinion is that doesn't say much for their support!

    Hope you keep reading to get the whole picture.

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