Thursday, July 4, 2013

The 2013 Cape Vincent Town Elections - Is Home Rule Really Up For Grabs????

On this Fourth of July a comment was left on the Cape Vincent blog Pandora's Box of Rocks.  The thrust of comment was to not let the Gary King CFG take back Cape Vincent in the up coming elections.  But there was also this statement in the comment...

"Do not let BP take your home rule."   

This inaccurately implies the status of your home rule is in jeopardy in  the up coming CV election.   It implies that if the CGF group gains ground in the election, BP will take away our home rule as a result.

Now, make no mistake,  I find the CFG group and their tactics repulsive and have spent 7 years fighting against these people despite how they and some in the anti wind try to convince you I am helping BP and CFG.     But in terms of reality, the upcoming election won't have any bearing on whether we keep our home rule in Cape Vincent or not! If Gary King and CFG, and VFW or Hirschey and the Republicans win... your home rule status on the wind issue in CV remains the same.  It's already gone either way.  The State already took it away! 

  I wonder what part of the Article 10 process this commenter and many others who believe this  don't grasp??? 

It is really disturbing that some people still believe things like this comment which simply isn't based in reality. 

New York State,  under the pressure of  BP and other renewable  lobbyists already took your home rule  on the wind issue when Cuomo's Power NY Act 2011 was passed and signed, and no local election here in CV is going to bring it back.  I mean for one thing, the law that already removed your home rule is a STATE law, NOT a local law that voting for some local CV candidates can change! Well unless they were willing to take some more radically designed actions opposing Art. X...which ain't going to happen.  So on the Art. X preemption and home rule issue you have the two opposing sides in the wind issue agreeing to go along with a process that removed our home rule.

If you don't believe me and  you actually think you have home rule now and it is somehow up for grabs in this CV election, then why is the town going through the Art. X process and begging for the State to not preempt their zoning law on behalf of BP.  Why?  Because home rule is gone on this issue.  You either have home rule or you don't...and you DON'T!  If you did the CV planning board would be in control of the BP wind complex application and applying our law to wind siting.  Are they?????  NO!

Art. X has the power to preempt our zoning law.  BP is asking the Art. X board to use that power on their behalf so they don't have to abide by our law.  It was 2 years ago the Power NY Act 2011 and Art. X removed home rule and can  preempt our zoning.   Nothing Gary King or VFW, or CFG... or the Hirschey Republican govt. has done  in that two years, including the last CV election  has done anything to change the fact Art. X removed our home rule on wind siting, and no up coming CV election is going the change that one way of the other either!

Right now our zoning law's wind regulations and our comp plan are essentially  suggestions registered with the NY Dept. of State, of what we would like to enforce for our community's industrial wind  protection.  Since BP entered the picture or any other electric generation developer, the final decision as to whether we can enforce our zoning as is will be up to  State bureaucrats, not us.

If you vote for Hirschey and the Republican candidates what you are voting for in reality is not a taking or preservation of our home rule and whether BP and CFG will take it, or if Hirschey will preserve it. Home rule in CV is  already gone.  That is fact.  All you have to do is read the Art. X regulations to see that.  

What you will be voting for is the hope that Hirschey and his board willingly following a State bureaucratic process that already removed your home rule, can some how convince the State and Cuomo pushing a huge green renewable agenda, to not preempt our zoning law and comp plan.

Ironically for the above commenter trying to make this election an issue of keeping or removing our home rule...  it is after all the current town govt that is following the Art. X process that already removed our home rule, and have called that process fair and impartial, and balanced and even handed.  I would assume King and his CFG and VFW wind would think much the same since it is the preemptive power of Art. X that gives BP and CFG  the best shot at violating our zoning for the BP lease holders!

So when you go into the voting booth this fall, at least go in grasping  the realities.

15 comments:

  1. You minimize the difference the election could make. The Hirschey board is working hard to convince the PSC and subsequently the ART.10 panel to allow the Cape Zoning Law to apply. Any CFG candidates will not. They will lobby the PSC and an ART.10 panel to allow BP to develop without restrictions. It is likely they will advocate for abolishing zoning in Cape Vincent. Their is no good to come from the CFG gaining a foothold in local government.

    Instead of lecturing on home rule,how about concentrating on making the distinctions between the candidates clear. You may not support or intend to aid the CFG, but in politics any negative light shone on a candidate is an advantage to their opponent.

    ReplyDelete
  2. Again Art,I'm not crazy about you. But I will say I do like reading your Blog. I feel you tell things the way they are and not always putting a spin on things or sugar coating things. Again, I think you're a little out there,but you do seem to grasp reality of what happening. Home rule is gone on this project and there is no way getting it back. If your right and Hirshey Republican party run on this platform,they are really out of touch with reality, even more than I thought they were already.

    ReplyDelete
  3. Thank you Mr. Pundt.

    Last week Clff Schneider tried to convince the crown at the Bp open house otherwise. A man who agrees with you and is a lot smarter than Cliff asked him when he was going to admit that A-Ten is a done deal as you say.

    We now have the more reasonable ear of an emerging leader by the name of Michelle Oswald. She will not bend to Cliff's and Urban's ways. Brooks and even John Burns has seen the light.

    Wind in the Cape is a done deal and Cliff and Urban are wasting valuable time and money on the lawyer that you have also declared a waste. Even after all your hard work they did not listen just like the waste in the comp plan and zoning. Already many other seasonals have followed lead and along with John, Brooks and Michele will continue to expose Cliff and Urban for what they are.

    Thank you

    ReplyDelete
  4. 5:40am

    First - were you at the BP open house? Who is the person who spoke with Cliff? How/why have you decided "he is smarter than Cliff"? If you want me to consider your reasoning - I need to hear a little more. I was not at the BP open house so I KNOW what I read and hear is mostly "exaggerated" by one side or the other!

    "Wind in the Cape is a done deal" - please explain your reasoning on this statement. Art has no faith in the Article X process - and maybe you also believe that.

    Take a state level view. This "new" Article X process did take away home rule on electric production projects over 25MW. But INPUT from the community is part of the process. So - you can either have people on the Town Board who support this project or you can have people who DO NOT support the project. This BP project is the FIRST one though the new state process. Unless you want the turbines - I believe (unlike Art) that pushing every possible anti wind point in the Albany process will have an impact.

    So - vote for/against anyone you want. BUT BE SURE YOU THINK ABOUT THE ACTIONS THE ELECTED TOWN BOARD MEMBERS WILL TAKE TO PROTECT THIS COMMUNITY. The CFG, Voters for Wind and most Democrats will tell the state (like BP does) that "we have full community support." That is an outright LIE!

    Have you read the PSC webpage about the BP project (or do you only rely on what Art tells you). I recommend you never believe anything you read - but at least do your own reseach! And believe anything you want that ART says....but he is FIRMLY in the anti wind point of view - and has said that over and over and over again. He disagrees with the STRATEGY taken by the Town Board. Best not to get the two confused!!!!!

    ReplyDelete
  5. ART -

    Technically I agree with you that "home rule" on the issue of electrical generating plants has been removed by the state with this Article X law.

    I disagree with you that not participating the the Article X process is the ONLY route to stopping this BP project.

    Since this is the FIRST project through the this state process (under the new law) - how have you decided that the actions of the current board are not productive?

    More important to me - how do you visualize the Board operating with a majority of CFG, Voters for Wind and Democract members who openly support this project? Since many of those people are the very same ones who got us into this mess.....I have NO faith in the group that wants to "take back the Cape."

    I get what you say about home rule....I just don't believe that the Article X process cannot be politically influenced!

    So I will vote for candidates that I believe WILL support my anti industrial wind development stand! And I do not care if I personally like them or not.

    ReplyDelete
  6. 6:39 just out of curiosity, who is running on the other side? Are you telling me that Tom Reinbeck,Marty Mason,Don Mason and Mickey Orvis all running? By your words that's what you are saying.I have heard a few names thrown out there,but I haven't heard these guys name mentioned.

    ReplyDelete
  7. 7:00am

    I believe you do not get nominated by CFG and Democracts unless you support active promotion of wind development - that is their major issue - regardless of what they say. If elected they will do as they are told by CFG and Democrat leaders! Personal opinion only!

    But I will take every opportunity to personally ask every candidate from ALL parties where they stand on this issue. I do believe that particiation on the Article X process will have an impact. I believe this is another pro/anti wind election and I know where I stand!

    ReplyDelete
  8. Art -

    I see a comment on another blog (obviously a person's opinion) that you believe "wind is a done deal" and that you have stated this on your blog. While I do not read your blog regularly, I have read most of your posts. Sometime I agree, sometimes I do not.

    However I have never believed that you have concluded "wind is a done deal"! Am I wrong?

    ReplyDelete
  9. Art you have asked yourself a question. Now answer it. I don't have all day.

    ReplyDelete
  10. Please be patient,I will respond shortly to the common theme in most of these comments.

    ReplyDelete
  11. Ok let me see if I can respond to some of these comments.

    First and foremost let me make it crystal clear once again that I find the tactics of Gary King and his CFG and VFW, and BP repulsive. My entire wind fighting career has been vehemently against them and industrial wind in CV and anywhere else.

    My post above did NOT recommend that anyone should vote for them, or in any way support them for any spot in CV govt. In addition I did NOT tell anyone to not support Hirschey or the Republican candidates.

    But before you vote you have to understand the realities of the home rule issue because home rule will be marched out again and again as a campaign issue, and much of what is said may not be accurate.

    Once again ... we don't have home rule NOW on this issue and no local election will bring it back, or change that point. We are ALL working within a system that has removed our home rule...that is fact! You can point out the differences in the various candidates, that is fine, but NONE of them are going to take home rule or preserve it...IT IS GONE with Art. X. By participating in Art. X you accept that fact, otherwise you would pass your zoning law, and defend and enforce it and tell the State to stick their attempt to steal your rights with Art X in their ear!

    Another point of clarification...I do no believe wind is necessarily a done deal. I look at probabilities. I feel the probabilities are greater for us to get wind in CV by following the Art. X process than with an organized regional political attack against Art X and its removal of our home rule rights. I don't think the State will allow all the turbines BP wants, or a law that essentially bans them. Cuomo has already talked about being "reasonable" and he can't afford to politically back away. Keeping in mind he has virtually all the support of the State legislature on A-10. I think politically we will get a compromise, maybe 60 to 80 turbines????pushed as far back from the river as possible, and the State will say what a wonderful result this was, and you participated and we heard your input, blah, blah, blah. After all the town is participating in Art. X and A-10 IS a process to SITE and regulate wind turbines NOT DENY them as some would like to believe. I don't think politically Cuomo can just let us walk away from wind and his rabid green State agenda to support renewables just because we have a good zoning law. I seriously doubt he is going to set a precedent right out of the A-10 box that all any town who hates wind has to do is pass a good zoning law and comp plan. He would be politically screwed on his green agenda if that were the case However, the person on any blog saying wind is a done deal IS NOT ME!

    About the comment about the various town board members and what is going on internally and politically I am not privy to any of that.

    I have serious doubts the Art. X process can be influenced or impacted from the inside as a couple commenters here suggest. Of course that begs the question...what do you mean by "influenced" or "impacted" ? Getting the Art X board to site 90 turbines instead of 124 may be an impact from a community influence on the process, but that would be pointless and absurd and unacceptable to claim that as a positive outcome. People seem to be denying that there is a VERY REAL possibility of a compromise, not necessarily from the Hirschey board but from the State. So what would you accept as "influence"? Or what is an acceptable "impact"?

    And finally once again I DO NOT support the dems or the CFG. People can try to twist my actions and beliefs any way they want, and they WILL during this election to fit their agenda, you can bet on it and it will come from both sides. But to suggest that I am supporting Gary King and VFW or CFG is an outright perverted LIE!

    And I would not vote for any group pro wind or anti wind or their supporters if they must resort to such lies and distortions to make their case.

    ReplyDelete
  12. Thank you for this very clear explanation!

    ReplyDelete
  13. Too late.....Oswald, Burns and Bragdon have thrown Cliff under the bus. You dream come true will be the loss of Herschey, too. You have no idea what you have done with us. You might be the first "Man of the Year" to be from Arizona.

    Thanks Art.

    ReplyDelete
  14. Your WDT expose about the Cape blogs and Hirschey was a great help. It is not easy to bring out the truth. Sometime old enemies can be great friends at the time of truth.

    Thanks Art

    ReplyDelete
  15. And thank you Brooks, John and Michelle.

    ReplyDelete