New York Wind ethics code created

Watertown Daily Times | Wind ethics code created

Wind ethics code created
CUOMO'S IDEA:
Aim is to prevent improper dealings
By TOM WANAMAKER
TIMES ALBANY CORRESPONDENT


FRIDAY, OCTOBER 31,

ALBANY — In the wake of numerous complaints over potentially unethical activity, the state attorney general has created a voluntary Wind Industry Ethics Code for wind power developers and municipal officials In a Thursday press conference at the state Capitol, Attorney General Andrew M. Cuomo called the code an "institutional resolution" to investigations into the activities of two wind developers alleged to have engaged in improper dealings with local officials and anticompetitive practices. TWO COMPANIES SIGN ON "This is going to be an ongoing policy issue," Mr. Cuomo said. "We're doing the right thing for these companies and New York. We want to see these companies succeed.

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DARREL AUBERTINE ~ Conflicts ~ "THE LETTER"~

Paul Riede Published: Syracuse.com
Friday, October 31, 2008, 5:01 AM Updated: Friday, October 31, 2008, 9:44 AM

Attack adds we'd like to forget

Every campaign season has its memorable political commercials -- that is, commercials you'd like to forget, but just can't. This year's most memorable spots might be the ones sponsored by Republican David Renzi and Democrat Sen. Darrel Aubertine in the 48th State Senate District.

This newspaper endorsed Renzi on Oct. 19, but it certainly doesn't endorse the negative, misleading television ad he began running a few days later. With creepy music in the background, the ad shows a photo of Aubertine with piles of cash being stacked up in front of him. It says Aubertine "wrote a letter asking town board members to compromise their ethics."

 link Attack adds we'd like to forget

Fiscal crisis hasn't hurt most NNY wind farm development

Watertown Daily Times | Fiscal crisis hasn't hurt By NANCY MADSEN
TIMES STAFF WRITER
THURSDAY, OCTOBER 30, 2008
most NNY wind farm deve

Most local wind development companies said they're sheltered from the credit market turmoil that is rocking alternative energy development.

The industry is facing investment problems and falling oil and natural gas prices, the New York Times reported Oct. 21. And the Malone Telegram has reported Noble Environmental Power suspended construction of a 14-turbine wind farm in Bellmont until July or August.

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Wind turbines continue to surface

Wind turbines continue to surface
Posting Date: 10-29-2008

Carol Thompson
Link here
by Carol Thompson

Democrat State Senator Darrel Aubertine and his Republican opponent David Renzi have been embroiled in a heated campaign for the 48th District seat, and one of the latest salvos is the Renzi campaign citing a letter that they claim documents ethical issues they have been attributing to Aubertine.

In a letter dated June 15, 2006, Aubertine wrote to the Cape Vincent Town Board that he did not perceive it to be a conflict-of-interest for board members to vote on a contract in which they, or their family members, had evident financial interest. They are said to have had a contract with a wind-turbine company that intended to place turbines in the Town of Cape Vincent, Aubertine’s hometown.

'Wind' Letter Raises New Questions on Aubertine Ethics

Renzi Campaign Media Release

Renzi: 'Wind' Letter Raises New Questions on Aubertine Ethics
Senator tried to influence local vote on project that adds to his financial gain, Renzi campaign claims
WATERTOWN, N.Y., Oct. 22 — The Dave Renzi for State Senate campaign today released a letter written by his opponent that raises new and even more alarming questions about whether Darrel Aubertine has again ignored ethics laws, and put his personal profit before his duty as a public official.

The June 15, 2006 letter, sent by Aubertine to members of the Cape Vincent Town Board, urges officials to ignore ethics laws, and cast votes on a wind power measure, even though at least two of the five board members had a personal stake in the outcome of the vote.

“While some may feel that these elected officials should abstain from voting on this matter, my belief is that they should not … I feel it is ethically proper that in this case all board members should vote on the issue at hand.”

The “issue at hand” involved an effort by some board members that would have restricted where wind turbines could be built. Aubertine has had a secret contract since at least 2004 to build as many as 10 wind towers on land he owns. Aubertine told the Syracuse Post-Standard that the contracts could be worth up to $100,000 a year.

Two months before sending the letter, on April 12, 2006, Aubertine insisted in another news interview, that he had “deliberately stayed out of the local discussion on the project,” because of conflict of interest concerns.

“This letter raises serious questions about Darrel Aubertine’s willingness to bend and ignore ethics laws that interfere with his ability to make money for himself,” said Renzi for Senate campaign manager John J. Morgia. “It directly contradicts well-understood laws that prohibit elected officials from voting on matters that benefit them, as well as his own professed concerns about conflicts of interests and his public commitment to stay out of these local decisions.”

Within weeks of Aubertine’s letter, the Jefferson County Board of Ethics told the Town Board – in two separate opinions (Nos. 06-01 and 06-02) – that it was improper for members with interest in wind power to vote on the project – the exact opposite position as that taken by Aubertine.

“The ethics law concerning conflicts of interest and using your public position for personal gain is clear, but Darrel Aubertine has continually broken it, telling us one thing and doing another,” Morgia said.

“These questions demand answers, because voters deserve to know whose interests their Senator is trying to represent – ours or his own.”

While Aubertine’s letter to the Cape Vincent Town Board has raised ethical questions, it is interesting that he has not sent a similar letter to officials in the St. Lawrence County town of Hammond, where identical issues have been raised – and Aubertine does not have a personal financial stake. In that case, two board members with direct interests have recused themselves from wind power decisions, but Aubertine has not weighed in on that controversy.

Aubertine’s letter to the Cape Vincent Town Board is located on the sidebar of this blog

Wind turbines not hazardous to health

SATURDAY, OCTOBER 25, 2008

In a recent letter to this paper, Cape Vincent resident Dr. Ralph Janicki attempts to scare the citizens of this community by inferring that wind turbines somehow pose a risk to public health by drawing a comparison to a German study examining whether proximity to automobile traffic increases the incidence of heart attacks.

What Dr. Janicki conveniently omits from his letter is the fact that the study's conclusions have been seriously questioned by the scientists who actually carried out the sound assessments. In a letter to the European Heart Journal dated 1/31/06 in response to publication of the study referenced by Dr. Janicki, Wolfgang Babisch, et al., wrote: [Watertown Times]

Watertown Daily Times | Aubertine ~ Campaign ads, mailers misleading

Watertown Daily Times Campaign ads, mailers misleading

By JUDE SEYMOUR
TIMES STAFF WRITER
THURSDAY, OCTOBER 23, 2008
Excerpts~
State Senate candidates are entitled to their own opinions, but not their own facts. The latest round of mailers and television ads from both sides aren't faring well under scrutiny.

A Democratic State Committee mailer in residents' mailboxes this week distorts the facts about Republican David A. Renzi's state pension. And Mr. Renzi is misrepresenting state Sen. Darrel J. Aubertine's obligations to the state after hiring his sister. He's also using outdated information to mislead voters about what Mr. Aubertine, D-Cape Vincent, stands to receive from a private wind power contract.

 link to original Watertown Daily Times Campaign ads, mailers misleading

Acciona: only one turbine slated for Aubertine land

CAPE VINCENT — A wind energy company that is proposing a commercial wind farm in Cape Vincent may not build as many turbines on state Sen. Darrel J. Aubertine's land as the lawmaker originally thought. Continue.. .

Cape rethinks turbine areas

Watertown Daily Times Cape rethinks turbine areas

MORE LAND EYED: Zoning committee now looks to include entire town ag district
By NANCY MADSEN
TIMES STAFF WRITER
THURSDAY, OCTOBER 16, 2008

CAPE VINCENT — The members of the committee formed to produce a zoning amendment to deal with wind farms changed their minds about boundaries for the area in which turbines would be allowed.

About three weeks ago, the committee tentatively agreed to set Route 6 as the western boundary for a wind overlay district. But Wednesday afternoon, the committee decided that the entire agricultural-residential district should allow turbines.

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Watertown Daily Times Cape rethinks turbine areas
 

RE: Cavanaugh & Tocci Acoustic sound report ~ Clayton

10/15/08

RE: Cavanaugh & Tocci Acoustic sound report is attached


Since Town of Clayton’s public hearing (only one) held May 2007, residents have complained that the noise levels in the local law 2007 are too high and not in accordance with the NYS DEC guidelines on noise standards assessing and mitigating noise impacts. ECCO over the following months showed proof to the town of the intolerable levels of noise impacts residents will face during hours of sleep in the Clayton noise analysis CH2MHILL performed by PPM Energy. It is clear to all that the local law No 1 of 2007 for wind facilities in the Town of Clayton’s noise level needs to be corrected to safe levels for the residents.

On November 25, 2007 due to letters and concerns addressed by residents on the noise concern, the Town of Clayton planning board chair Mr. Baril hired the acoustic firm of Cavanaugh & Tocci Acoustics to review Clayton’s CH2MHILL noise report for the industrial wind project. Town Supervisor informed residents at town meetings that when the report is back they would consider changes to the Local Law. Mr. Tocci completed this report 2/15/08 but the town would not accept it. Why? They said the report was too technical for the planning board to understand. Keep in mind the town retained the services of two engineers from Bernier & Carr Associates to help them in situations such as this. In fairness to the members of the planning board, they had no say in the decision not accepting the document. It was the decisions of the planning board chair and other members of the local government. Much discussion went back and forth. Finally, at the request of town supervisor for a simple brief “executive summary” to the original document Mr. Tocci complied on August 25, 2008. Mr. Baril accepted the “executive summary” only and authorized the planning board members to have a copy on 10/1/08.

The executive summary references the original report of 2/15/08. The reasons for denial of the original are unclear. The planning board members do not understand the reluctance either because they have attempted over past months of wanting to review the local law and noise impacts and proceed with the recommendations to the council to change the law. Town supervisor has told residents that the planning board must make the recommendations for change of the local law to the council first. The town states they will not review the change until the Tocci report is accepted.

Residents are perplexed why are they reluctant to have the planning board receive the original. Why is it that even without the Tocci report proof that levels of noise from the turbines in the wind district is excessive the town continues to give the residents a difficult time and fail to take no action upon their request?

On 10/8/08 residents went to the Town of Clayton council meeting to find out why. 1. Why is the original report by Tocci being denied into the town records? 2. When is the Town of Clayton going to amend the local law on sound impacts to guidelines by NYS DEC?

Answer: 1. the town of Clayton released the original Tocci report BUT did not accept it into “record” for both the planning board and the town council to use for consideration to adopt changes to the local law. Both reports are attached to this email for you to read; original and executive summary. Read the original. Do you feel our planning board with the help of professional engineers cannot comprehend the results? Do you find that the Tocci report indicates that residents living in the wind district for the wind project face high intolerable levels of noise impacts?

2. After all of this back and forth and putting residents off month after month and telling us that the local law would be considered for change depending upon the results of the acoustic consultant and when the report is received the town would then consider the residents request for changing the sound levels in the local law. Now the town supervisor on 10/8/08 states there will be no changes to the local law until PPM Energy (wind farm) reinstates the project. Oh yes I forgot town supervisor it is a lot of work, you need a public hearing etc etc we will wait until the project is reinstated. This is wrong. It could be a whole year before PPM reinstates the SEQR/application process. Suppose PPM Energy decides not to reinstate the application? This leaves the door open for another developer to submit an application. Residents will still face the same problem we now have.
The Local Law is supposed to provide to protection for the residents in the township. It has nothing to do with a wind developer’s application.

Enjoy the report. You will be enlightened.
It has been a difficult process for residents here in Clayton’s wind project in dealing with our local government. We have known from the time we received our copies of the DGEIS in April 2007 we faced this problem. It is has been a long and difficult road in our climb to get the local law amended and it looks like it will be even further. The problem should never have been their in the first place. The law was written to accommodate PPM Energy not to protect the taxpayers in the wind district. ECCO members feel this is not right.


Link here to read Clayton Turbine noise report

Clayton Town Council Meeting : 10/08/08 Recap

Clayton Town Council Meeting held last evening: 10/08/08

ECCO along with other residents attended the Clayton town council meeting and there is good news to report and bad news to report.

The original Noise report given to the Town of Clayton by Tocci & Cavanaugh Acoustic firm dated February 15, 2008 has been released to the public within the past 48 hours!!!

We would not have known the report had been made available to the public if residents had not brought up the discussion on the Tocci & Cavanaugh original sound report. Town Supervisor Taylor said to listen very carefully to him: IF you FOIL to the Town Clerk for a specific document of request you will receive that document. We were all confused what does he mean. Mr. Justin Taylor did not come out and specifically state that the Tocci and Cavanaugh original report is available by FOIL. We all were confused because this week FOIL requests for the report had been denied.

The BAD news: Residents had questions asking the Town to discuss amending the Local Law No 1 of 2007 for wind facilities in the Town of Clayton. Residents since November 2007 have asked and written this council to amend the local law on the sound level and the setbacks. Residents were told by supervisor Taylor at a Town meeting when Tocci & Cavanaugh Acoustic were retained, that when their report is returned the town then would consider residents request for amendments. Supervisor Taylor also has stated that when the council receives a recommendation from the planning board for amendments to the local law the town council would consider the recommended changes. This is no longer the case.

Town supervisor Taylor informed residents several times this evening “there will be NO consideration for changes from the council on the Local Law until the process restarts (PPM reinstates the wind farm application)!!!!! Since November 2007 the council has continued to fail in implementing any action on their part from request by residents and it is clear that they will continue their stand. This is wrong. The local law is NOT part of the application by PPM Energy. Residents did their best to bring out discussion on this. The council controls the local law and only they can amend it. There was no response from the council. Just supervisor Taylor repeating himself there will be no consideration by council to amend the local law until PPM reactivates their application and the wind farm moves forward. The uncertainty of our future may go on for a long time. PPM Energy may never reinstate this project. Other wind developers can offer their applications for their proposed project for the town.

It has been 11 long months for residents/taxpayers of this community who have appealed to this council to change to the local law to safe noise levels impacts from turbines. Taxpayers are asking this council to change present local law noise levels to the levels consistent with NYS DEC guidelines. There is nothing hard to understand about this. NYS DEC is a very reputable agency of our state.

Unsigned

Horse Creek wind farm: Noise report cover-up

http://www.windaction.org/faqs/18291Horse Creek wind farm: Noise report cover-up(Posted October 7, 2008) PPM Energy's Horse Creek Wind Farm proposal, now suspended while NY State officials evaluate the potential high bat mortality from the turbines, is the center of a sobering debate concerning preconstruction sound study reports. The proposed project consists of sixty-two industrial wind turbines spanning the towns of Clayton and Orleans in upstate New York. Over 1000 residents reside within the project's proposed footprint.
In January 2007, shortly after the Town of Clayton adopted its Wind Energy Facilities Ordinance (Local Law 1) governing placement of turbines in the town, PPM released its Noise Analysis report on the project prepared by Global engineering giant CH2M HILL. The report's summary states: "The facilities steady state noise levels are predicted to comply with the Town of Clayton's Wind Energy Facilities Ordinance limit of 50 dBA at offsite residences." It further adds "the facilities noise level may exceed the existing levels by 6 dBA at lower wind speeds but maintains compliance with the Town of Clayton's Wind Energy Facilities Ordinance limit of 50 dBA". New York State guidelines suggest that sound level increases over existing background should not exceed 6 dBA.

Serious and substantial complaints filed by Clayton residents regarding possible excessive and harmful noise impacts from the turbines prompted the Planning Board to hire acoustic engineering firm Cavanaugh Tocci Associates (CTA) of Sudbury MA to evaluate the CH2M HILL report. CTA was specifically requested to "re-evaluate noise impact per NYSDEC guidelines and Town of Clayton Local Law 1 2007 Wind Energy Facilities".

The completed CTA report was received by Clayton officials, Town Supervisor Justin Taylor and Planning Board Chairman Roland Baril, on or around February 15, 2008 but never released to other Planning Board members or the public. Apparently, CTA's report was deemed "too complicated" for review. Three Freedom of Information requests were filed with the town, including one from the local newspaper, and all were denied. Clayton Supervisor Mr. Taylor announced through the Town's engineering consultants Bernier & Carr Associates that CTA's report was sent back with the request that an executive summary be provided to help explain CTA's findings. CTA complied and delivered a 2-page summary on August 25. This summary was again held by Taylor and Baril.

During the Oct 1 regular meeting of the Clayton Planning Board, Planning Board Chairman Baril informed the attending residents as well as the Planning Board that it was the recommendation of Bernier & Carr Associates that CTA's report again be refused as too technical for public review and that CTA's executive summary would be the ONLY document released to other Board members. Taxpayers were welcome to a copy of the summary via a Freedom of Information request submitted to the Clayton Town Clerk.

According to the CTA executive summary, there are serious problems with the methodology employed by CH2M HILL in conducting its noise analysis whereby estimated background sound levels were overestimated. CTA also makes clear that participating property owners, those who've entered into lease agreements with PPM, should update their real estate deeds to reflect noise easements. CTA is clear that noise emanating from the turbines, even if compliant with Clayton's Local Law 1, will affect future property owners who might occupy a dwelling.

The problem of Wind Turbine noise is becoming more pronounced as turbines are built close to where people live. Windaction.org is tracking noise issues in numerous locations including Mars Hill, ME, Lowville, NY, Brownsville, WI, McLean County, IL, and Blair County and Meyersdale, PA, in the UK and Canada. In each of these cases, the question of noise was either never raised prior to the towers being erected or the residents were informed there would be no issue. It's remarkable the lengths PPM and some Clayton officials are going to just to avoid the question. Denying a problem exists in the face of growing evidence is unproductive and will ultimately harm the wind industry and its proponents.

Update: At Clayton's town board meeting on Oct 8, Supervisor Justin Taylor announced the CTA report would now be released to the public.

Upstate can't afford new NYPA director

Upstate can't afford new NYPA director


By GEORGE J. MARLIN SPECIAL TO THE TIMES WEDNESDAY, OCTOBER 1, 2008 I was a Long Island Power Authority ratepayer during Richie Kessel's time running that agency. Richard Kessel is the old-time, career Long Island pol elected by a 4-2 vote as the New York Power Authority CEO last week after Gov. David Paterson placed two pro-Kessel votes on the NYPA Board to ensure his election. Understandably, local elected officials were cool to this bizarre announcement although the downstate delegation welcomed Kessel to the post.

 If his past is a guide, lobbyists all over the state are cheering Kessel's election. During his time at LIPA, Kessel used public money to hire and pay lobbyists of both parties — those close to then-Gov. George Pataki, Senate Majority Leader Joseph Bruno and Assembly Speaker Sheldon Silver. This to represent a state entity on state issues before the state Legislature.

 Link to original  Upstate can't afford new NYPA director