As I mentioned in a recent post below the town will be in negotiations with BP in one form or another in the Art. X stipulation process.
In the town's own words when requesting intervenor funds for their zoning attorney Mr. Paul Curtin.
"Mr. Curtin represents the Town of Cape Vincent in the current Article 10 proceeding. To date his cost to the Town has been underwritten by local taxpayers. During the stipulation phase when the Town and applicant are negotiating what to include in the final scoping document and what is to be considered for examination and study in the formal application, Mr. Curtin will attend all of these formal meetings and negotiations. The funding request is to cover any preparation costs for the stipulation phase and any legal costs associated with attending, participating and representing the town."
And when asked on the intervenor form what interest the town has in requesting funds????
1(b) Provide a statement of the nature of the interests the requesting party represents:
"The Town has an interest in any action that may usurp its laws and plans."
Now I am not suggesting that the town will be negotiating away our zoning laws. But despite all the hoopla and bravado that they will not negotiate concerning our zoning laws...well guess what... it appears (in their own words) that is EXACTLY what the town will be doing as I said.
Even though we all hope they stand tough, they will be in a negotiation with BP over our zoning law and the various aspects of the studies related to it.
That was my point in previous posts,that there was another very important part of the Art. X process, the stipulation process that K at Pandora's blog was not considering in her post on BP's choices regarding their PSS.
Slice it, or dice it, or spin it any way you want. When you enter into Art. X you are entering into negotiations with BP and the State over your laws. You no longer have the right to say NO and truly protect your community. If you choose to appease Art. X then you give away full control of your community's future in exchange for negotiations whether you like it or not, and no matter what you may say in your PR campaign about defending your community!
This has been my point for a long long time. You WILL negotiate with BP one way or the other despite the tough talk!
Keep in mind the town could say to BP and the State.
" Sorry, you have seen our recomendations to your PSS. There is no point for a stipulation process or negotiation. We are not interested in any negotiations. We will see you at the final Art. X hearing where we will defend our zoning law and challenge your studies!"
And lastly here is part of a comment from a reader when I entered into a discussion of this Art. X stipulation
(negotiation) process in a previous post.
"You also say "no that is my point". Well you refuse to accept the likelihood that the town will not negotiate. Just you saying so ,doesn't make it so. If they have bought into the whole ART. X review process and think things are going so swell, why would they negotiate now? Makes no sense, plus they would lose a good deal of their supportive public if they reneged on the promise not to negotiate.They would look like fools."
STOP, The regional wind energy industrialization of one of New York State's most beautiful and environmentally sensitive areas, the 1000 Islands of the St. Lawrence River and the Golden Crescent of Eastern Lake Ontario. If you don't think you are seeing the most recent posts click on the current month in the archives to the right.
You hang on to a pre-conceived notion like it was an heirloom of your grandmother's tucked away in the attic.
ReplyDeleteNo matter what, you believe the town will negotiate the terms of our zoning law ,even though they have iterated publicly ,on record they will not , and even though this recent statement by the town requesting entervenor funds to have their attorney present during the stipulation phase does not imply in any way that they will compromise the law.
You are wrong to say they must negotiate because they are participating. They will take the town Zoning Law to the application hearing intact. If not, there isn't a person on the board who will survive another election in Cape Vincent.
Can't have it both ways. first you say you are not suggesting the town will be negotiating away our zoning law, then you immediately say this is exactly what it appears they will be doing.
ReplyDeleteWhich is it? Point out exactly where it says the town intends to negotiate or compromise any of the terms of the zoning law?
And you need to stop hanging on the idea that I am only referring that they will negotiate our law away. I doubt the town will negotiate away our zoning law. I said that in the the post. But you are missing the point.
ReplyDeleteBUT...either way Art X IS a negotiation that ou town enters with BP, whether they were to negotiate away our law, or negotiate to save it from preemption...either way they are negotiating with BP and the NYPSC over our law.
Point being the true power to make BP comply with our law is no longer in the hands of the town. The preemption power of Art X removed that right and power long ago.
So remove our law from the equation for a moment...then why is our town even entering into the stipulation process at all? They have clearly stated their case to BP in their comments, they have said they won't budge on our law, and it appears BP won't budge either.
So why the hell are we in a stipulation process that IS a negotiation? Even the town calls it negotiations.
So what is to be achieved here? If the town negotiates with BP and they reach some stipulations (agreements) on what ever it is they plan to negotiate on...then what...do we get a "smaller" wind farm? Great!!!
The stipulation process is for the paries to reach AGREEMENT on issues and whether it is about birds or sound etc it WILL be directly related to our zoning law.
And BTW did you read BP's comments responding to the towns comments on our zoning. BP doesn't care one way or the other if the town were to negotiate our law away...they have Art X preemption in their pocket. That is their hammer, and the town has virtually nothing or consequence to counter it.
Notice also that BP is responding to many of the comments saying, yup we will do that...or yup we will do this, or that will be included etc.
And basically if you read their responses they know where their bread is buttered. They basically blew off the town comments and responded more favorably to the State agencies comments.
If BP starts looking reasonable and starts making efforts to comply with these suggestions even if it is mostly eye wash ...where does the town go from their. They are going to talk themselves right into a wind farm!
Remeber now the town's mantra is to be "reasonable"!
Our comments overlapped. Like I said I tend to agree that they won't negotiate away our law.
ReplyDeleteBut if there is nothing to negotiate, whether it be our law or otherwise...why are they entering into a process of negotiation?
What are they hoping to achieve?
I think the key here is that the stipulation process includes all the parties involved, not just the town. The town requires its lawyer present to make sure they understand what any party may stipulate.
ReplyDeleteAsk yourself this. do you honestly think the town officials are not confident they can make the case for their law to be applied during the application hearing? You can't not believe that! Of course they realize they could be pre-empted but how can they justify all the actions they have taken to present, and then not see it through? They want to see it through! And don't patronize us by suddenly backing off on your persistent accusation that the town intends to compromise. Too transparent.
They are engaging in the stipulation for the same reason they are engaging in any of the process- it is a procedural rule of the law itself, not to be defied or dismissed by this town.
You continue to argue this from the perspective that the town should not have engaged in the ART.X process because the State holds all the Aces in the end. Well, the town is engaged, and they are playing their hand as if they have some good cards too, regardless of the odds.
Compromising the town zoning law during the stipulation phase would be suicide, and tantamount to saying -"Okay our zoning law was never reasonable, we capitulate"
Why go to the all the trouble to get this far and then fold?
You said:
ReplyDelete"Ask yourself this. do you honestly think the town officials are not confident they can make the case for their law to be applied during the application hearing? '
Oh.. I think they are confident alright...actually overconfident, and I don't believe they have truly factored in what really matters...and that is the POLITICS!
To enter into Art. X based only on the science and health safety and welfare, and a zoning law that basically will kill BP's project believing that is all you need to win the day is just plain foolish.
The preemption of local laws in Art X exists for a reason...and it ain't to kill renewable energy projects!!!