Wednesday, October 15, 2008

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

Thursday, October 9, 2008

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

Tuesday, October 7, 2008

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.

Wednesday, October 1, 2008

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

Saturday, September 27, 2008

Boundaries agreed to for Cape wind turbines

By NANCY MADSEN
TIMES STAFF WRITER
SATURDAY, SEPTEMBER 27, 2008
CAPE VINCENT — The boundary for the wind turbine overlay district is set tentatively as Route 6 to the west and the riverfront district to the north.

The town's wind zoning amendment committee agreed to those boundaries at its meeting Thursday afternoon.

The riverfront district extends 1,000 feet south of the centerline of Route 12E from the Cape Vincent village boundary to the border with the town of Clayton. The lakefront district is excluded under the Route 6 boundary, as is a section of agricultural district land west of Route 6.

 Continue reading via this link

Friday, September 26, 2008

Session offers wind pros, cons

T.I. CENTRAL MEETING: Speakers focus on issues of electric grid, setbacks, noise
Session offers wind pros, cons
By NANCY MADSEN
TIMES STAFF WRITER
FRIDAY, SEPTEMBER 26, 2008

CLAYTON — The electric grid, noise and setbacks were the main topics covered at an information session Thursday night at the Thousand Islands High School auditorium.

The speakers were Steven C. Sullivan, managing director of GEOS Global and consultant to BP Alternative Energy; John Droz, scientist and environmental activist from Brantingham Lake, and Paul E. Carr, engineering professor at Cornell University, Ithaca, and a founder of Bernier, Carr & Associates.

 Continue reading via this link
T.I. CENTRAL MEETING: Speakers focus on issues of electric grid, setbacks, noise

Wednesday, September 17, 2008

Renzi, Aubertine clash in debate

Renzi, senator clash in debate


By COREY FRAM

TIMES STAFF WRITER

WEDNESDAY, SEPTEMBER 17, 2008


OGDENSBURG — Messages of experience and reform clashed at Tuesday's debate between the candidates for the 48th state Senate District seat.

Sen. Darrel J. Aubertine frequently reminded the approximately 100 gathered in City Hall of his more than five years' experience in state government and said the knowledge gained will help him better serve the district that includes Jefferson, St. Lawrence and Oswego counties. Republican David A. Renzi, Watertown, cast himself as the Albany outsider, repeating phrases such as reform and political courage, saying he is not beholden to special interests and attacking the senator's voting record.

 Continue reading via this link  Renzi, senator clash in debate

Sunday, September 14, 2008

Wind projects WDT Editorial

Watertown Daily Times | Wind projects

State needs to assume more oversight
SUNDAY, SEPTEMBER 14, 2008


State Attorney General Andrew M. Cuomo is investigating allegations that wind power companies improperly influenced local officials in Franklin County to secure permission to build wind turbines. He is also examining whether certain companies colluded to divvy up land and thus avoid bidding against each other.

Conflict-of-interest questions have been raised in Cape Vincent, where some officials have contracts with wind power companies to build turbines on their land.

 Continue reading via this link  Watertown Daily Times | Wind projects

Thursday, September 11, 2008

Lyme Council to appeal ruling against wind law: Supreme Court judge ruled town improperly voided citizens petitions



By Nancy Madsen
Times Staff Writer

Watertown Daily Times

11 September 2008

LYME — At its meeting Wednesday night, the Town Council decided to appeal a judge’s ruling that knocked down its wind energy facility law.

After an executive session that lasted nearly an hour, the council voted 5-0 to appeal state Supreme Court Judge Hugh A. Gilbert’s Aug. 21 decision to side with 10 property owners who said that the council acted “arbitrarily and capriciously” when it rejected a petition protesting the adoption of a local law regulating the siting of wind turbines.

 Link to original

Sunday, September 7, 2008

We will pay for these windmills in many ways ~ Letter to the Editor

Watertown Daily Times | We will pay for these windmills in many ways

SUNDAY, SEPTEMBER 7, 2008
I read with interest the article about the Development Authority of the North Country (DANC) and the production of electricity from the production of methane gas. One thing is certain, the garbage is never going to go away and neither will the methane gas. One well-known fact: the wind does not blow 24 hours a day, but the methane gas is produced 100 percent of the time. I'm sure the landfills will receive tax incentives to utilize this gas and that tax money will stay right here.

We all complain about our jobs being outsourced to other countries. Well guess what, your tax dollar is being outsourced to these foreign countries for the windmills. National Grid is an English company and how many other countries own us?

Continue reading
 Watertown Daily Times | We will pay for these windmills in many ways

Friday, September 5, 2008

Wind panel corrects errors

Wind panel corrects errors
No turbines will be allowed in lakefront, riverfront districts
By NANCY MADSEN
WaterTown daily times

FRIDAY, SEPTEMBER 5, 2008

CAPE VINCENT — There will be no wind turbines in the riverfront and lakefront districts.

Town Supervisor Thomas K. Rienbeck began the wind law committee's meeting on Thursday afternoon by clearing up some mistakes and misconceptions about the draft amendment to the zoning law.

"No one was ever interested in it being in anywhere but the agricultural-residential district," he said.



Continue reading  WaterTown daily times

Sunday, August 31, 2008

Watertown Daily Times | Need for tax breaks vexing

Watertown Daily Times | Need for tax breaks vexing
Subsidy opponents say taxpayer cash going to the rich
By NANCY MADSEN
TIMES STAFF WRITER
SUNDAY, AUGUST 31, 2008


Money doesn't grow on trees, but it may grow on windmills.

The developers of the four proposed wind farms in Jefferson County could capitalize on tax breaks and incentives at the federal, state and local levels through their projects. Opponents say the subsidies take taxpayer money and give it to those who already are rich.

"It's the taxpayers and electric customers that are taken to the cleaners," said Glenn R. Schleede, a widely known wind power opponent who has worked for electric utilities and the federal Office of Management and Budget.

 continue reading at this link---Watertown Daily Times | Need for tax breaks vexing

Tuesday, August 26, 2008

BP says Court ruling comes too late~ zoning law too restrictive

WWNY TV 7
filed: August 26, 2008

A court victory for wind farm advocates in the town of Lyme has apparently come too late to save a proposed wind farm project.

British Petroleum Alternative Energy, which had hoped to build turbines in the town, halted plans after council members passed a zoning law that BP found to be too restrictive.

The advocacy group Voters for Wind sued the town and won.

While the case was being decided in state supreme court, BP went ahead with its plans to build 95 turbines in the town of Cape Vincent.

“We do need to move forward and so we are moving forward with our plans in the town of Cape Vincent. I think it would be tough for them (Lyme officials) to come up with something that we could work with within the time line of our current project. But, for some future project, it’s certainly possible,” said Jim Madden of BP.

If BP or another wind farm developer approaches the town in the future, officials will need to address the zoning issues.

The zoning law originally passed with a three to two vote.

According to the judge’s ruling, if town officials want to pass the zoning law again, they will legally need one more vote for a majority of four to one.

The town could also appeal the ruling or go back to the drawing board.

“I think we need to be fair. We need to do what’s best for everyone in the town, so I’m hoping that we can find a fair and happy medium,” said Town Supervisor Scott Aubertine.

The town board is expected to discuss the issue at its next meeting September 10.

WWNY TV 7

25 August 2008

Monday, August 25, 2008

Clayton~ Town keeping mum on noise report

Watertown Daily Times | Town keeping mum on noise report


HORSE CREEK WIND FARM: Clayton, refusing requests to see findings, says document too preliminary
By NANCY MADSEN
TIMES STAFF WRITER
MONDAY, AUGUST 25, 2008


CLAYTON — Town officials have refused to let residents see a report evaluating the noise study done for Horse Creek Wind Farm.

The officials claim the report, by Cavanaugh Tocci Associates, an acoustic engineering firm in Sudbury, Mass., is too complicated and preliminary to be released.

 Continue reading at this link---Watertown Daily Times | Town keeping mum on noise report

Saturday, August 23, 2008

Judge slams Lyme on turbine law

A report posted by Channel 7 WNYTV news (no longer accessable)

a group of local residents known as “Voters for Wind” filed a protest challenging the ordinance under section 265 of the New York Town Law. Under the law, when a written protest is filed, a supermajority vote (75%) is required to pass such an ordinance. Because no supermajority vote occured, the Voters for Wind challenged the decision of the Town Council in an Article 78 proceeding in the state’s Supreme Court (New York’s trial court).The Town Council had refused to take the written protest into account as some land owners’ signatures were not present and it considered others ineligible.
Judge slams Lyme on turbine law

Judge slams Lyme on turbine law
By BRIAN KELLY
TIMES STAFF WRITER
SATURDAY, AUGUST 23, 2008


CHAUMONT — A state Supreme Court judge has ruled the Lyme Town Council acted "arbitrarily and capriciously" when it rejected 10 property owners' petition protesting the adoption of a local law regulating the siting of wind turbines.

Judge Hugh A. Gilbert also declared Thursday the town law adopted May 6, which, among other things, required a minimum setback of 4,500 feet from the high-water marks of Lake Ontario and the Chaumont River, is invalid.

 Continue reading via this link

Thursday, August 21, 2008

Cape's proposed wind law unveiled

Cape's proposed wind law unveiled
SETBACKS LISTED: Date has not been set for committee to meet
By NANCY MADSEN
TIMES STAFF WRITER
THURSDAY, AUGUST 21, 2008

CAPE VINCENT — The town released the preliminary zoning law amendment for wind energy facilities this week.

Supervisor Thomas K. Rienbeck said Wednesday that the committee appointed by the board has not yet found a date to meet.

 Continue reading via this link to the Watertown Times

Friday, August 15, 2008

Cape Vincent to air turbine zoning plan

COMMITTEE FORMED:
Both sides of wind farm debate represented on panel studying draft law
By NANCY MADSEN
TIMES STAFF WRITER
FRIDAY, AUGUST 15, 2008

CAPE VINCENT — The Town Council will release a preliminary zoning law regulating placement of wind turbines on its Web site as early as Monday.

The council, meeting Thursday, also appointed an eight-member committee to examine the draft and make recommendations on the setback and noise requirements. The members are town Supervisor Thomas K. Rienbeck, Michael J. Bourcy of the Jefferson County Planning Department, Councilman Mickey W. Orvis, town Planning Board Vice Chairman Thomas D. Ingersoll, Planning Board member George A. Mingle, village Trustee Robert G. Doud, Urban C. Hirschey of the Wind Power Ethics Group and Beth A. White of Voters for Wind.

Continue reading
Both sides of wind farm debate represented on panel studying draft law

Saturday, August 9, 2008

EZ changes limit future benefits

Watertown Daily Times Wind power
SATURDAY, AUGUST 9, 2008


The financial boon from the Maple Ridge Wind Farm in Lewis County is undeniable. Millions of dollars have flowed to the county, school districts and towns hosting the 195 turbines.

The governments have used the tax windfall responsibly to reduce or stabilize taxes or invest in long-deferred projects. The towns of Harrisburg and Martinsburg, which are home to most of the turbines, have used part of their funds to lower tax rates and establish capital reserve accounts.

 Link here to original --http://www.watertowndailytimes.com/article/20080809/OPINION01/74276025/Wind+power

Thursday, August 7, 2008

Combined ~ British Petroleum and Acciona Spain ~ Turbine Map ~ Cape Vincent










This Is What British Petroleum and

Acciona Spain
have planned for Cape Vincent's future
191, 450 ft. tall industrial turbines

Friday, August 1, 2008

Probing Wind Farms: Burgeoning, vital industry must be kept free of taint | Syracuse Post Standard Editorial

Probing Wind Farms: Burgeoning, vital industry must be kept free of taint | syracuse.com

Friday, August 01, 2008, 5:02 AM

Every wind-generating power company in New York needs to come under closer scrutiny.

There is just too much public money at stake. An aggressive watchdog is needed to make sense of the complicated deals they make, to protect taxpayers and to monitor the conduct of public officials whose decisions can yield wind generators millions of dollars.

That's why a state attorney general's investigation of two wind-power companies is so important -- and why a critical, independent eye should be kept on the rest of the industry.


 Title link to original