Monday, March 31, 2014

If BP Is True To Its Promises, The Cape Vincent BP Leases Terminate Today, March 31st, 2014


Today is the day!!!  In the sense that BP is gone officially makes no one happier than me.   

But is it really a victory?  Yes, I suppose it is depending on how you frame the events.  And everyone will distort them to their favor. 

My first reaction to this is that the entire thing is just simply very sad.  BP raped a community and then just walked away with no accountability other than the lease payments to lease holders for holding the land.

On Pandora’s blog I noted two comments.  One was apparently from pro wind and one from anti wind.  Neither really grasps the realities of what happened.

First the pro wind comment suggests that anti wind won the battle and the war.  I don’t see it that way.  As I have said many times going way back to when this whole thing started, there really are NO winners.

In addition this person clearly does not grasp what pro wind failed to grasp all along that created a disaster for them and their agenda.  They still frame their argument once again, as us against them dividing the community and failing to grasp the real enemy and what might have transpired if pro wind had taken the entire community into consideration including the seasonal part of our community. 

Dividing this community and entrenching in some provincial turf battle about who has rights to the community and who can vote here was a major downfall for the pro wind side and set them back tremendously for the outcome they so desperately wanted.  And taking this advice from the wind companies and their PR organizers was an unmitigated disaster. 

As to the anti wind comment…one point that person made was the wind developers should never have been allowed to make contact with town officials with leases. 

I do not agree, and that is an overly simplistic overreaction analysis that fails to grasp the actual legalities of the problem.  In fact this departs from American capitalism and ideals.

It is not illegal for a town official to enter into a contract with a wind developer or any other developer for that matter for the use of their land.  In all the contacts I had with the NYAG’s office this was not even a real point of contention.  However, the illegal conflicts this behavior created when a town official acts on matters related to their financial interests is definitely a different and very serious matter that was discussed in great detail with the AG.

That being said, the town official, whomever they might be should take responsibility and quickly and fully disclose this relationship to the public.  They should not act in any manner on these issues.   Then they should fully recuse themselves by leaving the room, and not voting on any issue which would involve their financial interest.  In addition it might, although they would not be obligated, they might consider stepping down or having a temporary unconflicted alternate take their place, or even a full replacement, especially on an issue so intensely controversial  and heated.

And the person who made this comment if they are a Hirschey supporter better get a grasp on the fact that Hirschey allowed and supported the appoint of pro wind lease holders to his administration and in addition let lease holding officers with obvious and blatant conflicts in 2010 engage in matters such as wind law committees where they might have had the opportunity to favorably impact a wind law to their financial advantage.  Hirschey was even willing apparently to appoint Paul Aubertine to a town board seat at one time when Mickey Orvis stepped down.  Hirschey knew full well what a conflict that would cause due to Aubertine's family's leases.

So let's not be too hasty here about taking to task previous officers on the matter of just signing leases, when in fact the simple signing of a wind lease is not illegal in itself.

When pro wind town officials with leases and the pro wind officers that supported them engaged in behavior contrary to what I stated above as to recusal, and decided to entrench they really badly damaged their cause.  In fact it may have been the entire key failure that caused it all to unravel.  It basically led to the election of Hirschey and the supposed anti wind side, and the downfall of the pro wind govt and what they wanted to achieve.  Early on when this etrenched conflicted behavior began I felt strongly that anti wind could defeat them because basically they were defeating themselves, and kept digging the hole deeper and deeper.

Way back in 2007 I had a meeting with pro wind lease holder Paul Mason since he and his farm are a distant neighbors, and our families have known each other for a long time. I felt we owed each other a fair discussion on our opposing stances on wind.   My parents and his parents were friends although I did not know Paul very well. 

I told Paul that his real problem was not me or WPEG but the entrenchment of the lease holders and town officers behind these conflicts of interest.  I felt it would take them down.  And if they insisted on this direction I would do all within my power to challenge this potentially illegal behavior to remove this govt from power one way or the other.  When it finally came to the NYAG investigation it was a gold mine for the Hirschey candidates to run on ethics.

So when we look back let’s make sure we have a grasp on the realities of what happened here…to all of us!!!

 







5 comments:

  1. Maybe Hirschey was willing to appoint Aubertine ,to appease the pro-wind faction. Aubertines vote wouldn't matter anyway, since Hirschey would still have a super majority on any wind issues,if Aubertine decided to disregard ethics and engage in the issue.. He would have put the pro-wind /Dems in a box, that couldn't really have hurt him, but would have some political advantage for him. who can know?

    I disagree with your assertion that there are no winners. Dissect it ,and analyze it every which way you can- there aren't going to be any turbines in Cape Vincent. That's a win for those who sought to protect and preserve what they value in the community, and the region. Are there casualties? surely, but that doesn't mean there is no winner. Its not gloating, its a simple outcome of the process. Revel in it!

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  2. 4:46

    As far as Hirschey goes...he and his candidates ran on ethics. To suddenly use Aubertine and his conflicts in some political maneuver is not a wise choice. It is hypocritical. Especially considering how Aubertine's father is at the heart of the wind mess in CV. It's not about Hirshcey's super majority. Hirschey also allowed the appointment of Karen Bourcy as an alternate on the planning board which was inexcusable after the damage she created with her conflicted votes early on in the wind battle.

    Then you said this:

    "there aren't going to be any turbines in Cape Vincent." Really...well you are getting way ahead of yourself in your misguided celebration..

    We may have beat BP, although I think it really came down to BP just moving on for mainly financial reasons. The opposition may have had some impact but I don't think it was the major factor in the end.

    Art X still exists and we still sit on a good wind resource that brought wind developers to the region in the first place. In fact as we speak there is again pressure in Congress to extend the PTC subsidy for wind development. To sit back and say we won and there will never be turbines in CV is extremely short sighted , and frankly a dangerous analysis.

    Tomorrow or next week or next year things could change and we would be right back in another insidious wind battle. And the next time the developer might be a lot more slick and not drag their feet like BP did. Here in AZ I watched Nextera develop a wind farm from met towers to completion in about 2 years. Slam Bam!!!

    The reality is that we still need to do something substantial to oppose Art X instead of this board continually kissing its ass if we really want to protect our community and region, and Hirschey refuses to do it. As long as Art X has its thumb on us taking our rights away and can be used by a developer as a tool to develop, then actually nothing has really changed, and you better grasp that reality!

    And keep in mind that when you say there will be NO turbines in CV that Hirschey's zoning law actually allows FOR wind development.

    I applaud all those who sought to protect our community...I'd love to jump up and down and shout that we WON and it was us who forced BP out. I would love to think that there will never be industrial wind development in CV.

    But that is a dangerous fantasy, just like it was a fantasy that this town govt was anti wind!

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  3. Sometimes ya just gotta let go of the big things and enjoy a small victory that's right here, right now.
    Ease up Art, you're overusing the fantasy thing. I got my eyes wide open ,and I don't care how much gloom and doom you can produce, BP leaving town is a victory for the "anti-wind" folks in Cape Vincent,regardless of why they left. Sit back, raise a glass and toast good old Rich Edsall for fuckin'up his own wind project.

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  4. Believe me I celebrate in my own ways, and I agree that pro wind behind Edsall became their undoing.

    It's not gloom and doom. The supposed anti wind side got badly caught way behind the curve in the beginning because there was secrecy and we weren't paying close attention...then not really grasping what we were up against. It would be inexcusable for us to let that happen again because we were too busy congratulating ourselves.

    Take BP's moving on anyway you want, but we have a break here to breath and we better fuck up the opportunity to once and for all do something substantial to protect our region. And that does not just simply end with a SASS designation.

    We need to seriously look at the CELDF organization's approach to environmental and community rights and protections. Cities as large as Pittsburgh and many other towns nation wide have taken this approach.

    As for an anti wind victory???? At the WPEG and town govt level, as soon as you find the anti wind people, please let me know.

    And there is John Byrne spouting off how he is not against wind energy! See my last post.

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  5. In my above comment it should obviously read we better NOT fuck up the opportunity...

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