Dear Town of Cape Vincent Municipal Officials:
I am deeply concerned that certain Cape Vincent municipal officials may be taking unauthorized actions that are contrary to the Planning Board's defense of the Wind Power Ethics Group lawsuit and St. Lawrence Windpower's (Acciona) good faith agreement to reimburse the town for its legal expenses.
Information that has recently come to my attention:
1. The town required its own Planning Board's attorney to submit a Freedom of Information Law request in order to obtain records needed for the defense of the lawsuit.
2. Privileged and confidential correspondence between and amongst the Town of Cape Vincent Planning Board, The Bernier Carr Group, Cavanaugh Tocci Associates and the Cape Vincent Planning Board's law firm were provided, apparently unsolicited, to Wind Power Ethics Group, apparently at the direction of Town Supervisor Urban Hirschey.
3. The Articles of Organization for Wind Power Ethics Group Limited Liability Company, submitted in an affidavit by Mr. John Byrne, list Town Supervisor Urban Hirschey as a member and registered agent. The Articles of Organization also list Sally Hirschey, Supervisor Hirschey's spouse, as a member.
This information strongly suggests that one or more town officials are working against the town's defense of the lawsuit, that Town Supervisor Urban Hirschey is a member and agent of petitioner Wind Power Ethics Group Limited Liability Company and that Supervisor Hirschey's spouse is a member of Wind Power Ethics Group Limited Liability
Company.
In light of St. Lawrence Windpower's agreement to reimburse the town for its legal expenses, I request that the town investigate whether any unauthorized actions or other wrongdoings have occurred, including whether a prohibited conflict of interest exists on the part of Supervisor Hirschey under the General Municipal Law and, if warranted, take any necessary steps to ensure that the Planning Board can conduct a satisfactory defense of the Wind Power Ethics Group lawsuit.
Sincerely,
St Lawrence Windpower, LLC
Tim Conboy
Project Development Manager
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