Tuesday, August 25, 2009

Apologize to Rienbeck ~ Letter

TUESDAY, AUGUST 25, 2009

Letter to the editor WDT
Finally, John Byrne's recording of town of Cape Vincent meetings is of some value. The taping of the last board meeting on Aug. 13 shows what our elected officials have to endure to do the job they were elected to do, and it is my opinion that they are doing just that despite the harassment they are given.

If you go to Newzjunky and click on Cape Vincent Town Meeting, then listen for the loudest voice on the tape. It is the voice of Tom Gormel, launching an unprovoked, uncalled for and very unprofessional verbal attack on Supervisor Thomas Rienbeck.

Then read the Aug. 11 letter in this paper captioned "Cape supervisor wrong to stop videotaping," written by the same Tom Gormel.

I suggest it is Mr. Gormel who owes our town supervisor a public apology.


Robert Chapman

Cape Vincent

Tuesday, August 18, 2009

News 10 Now | 24 Hour Local News | TOP STORIES | Moving forward after police called to Cape Vincent town council meeting

News 10 Now | 24 Hour Local News | TOP STORIES | Moving forward after police called to Cape Vincent town council meeting
Updated 08/18/2009 06:52 AM
Click link for news 10 video


CAPE VINCENT, N.Y. -- The Cape Vincent town meetings have been getting pretty heated lately. Last week the police were even called.

Town officials' issue is with John Byrne who has been recording the meetings for more than a year. Their biggest concern is that the video is being taken out of context and used on blogs as an attack tactic.

"They're only showing one portion of the videos, which everything you've seen, when you see the blowups, they've only been of them. They have not been any videos of the rest of the audience. No video of how maybe the planning board or town board member got upset to begin," said Thomas Rienbeck, Cape Vincent Town Supervisor.

But legal experts say there's nothing wrong with only posting portions.

"The courts have said that once somebody records a meeting, the fact that it may be edited or altered or even used out of context is beyond anybody's control. It's perfectly valid," said Robert Freeman, NYS Committee on Open Government Executive Director.

Byrne says he's only been posting portions of the meeting because of logistical and time constraints.

"To post a whole meeting would take an enormous amount of time. YouTube allows you to only post approximately 10 minutes at a time, so I try to grab 10 minutes of every meeting that the residents seem to be the most interested in," said John Byrne, Cape Vincent resident.

Town officials are concerned about what will happen at future meetings.

"Where do you draw the line on this saying this is being abusive and disrupting meetings. But they're not coming out and saying that. How far do you go before you say this is enough?" said Rienbeck.

But both town officials and Byrne say they're not going anywhere.

"I will continue to record the meetings. It's a constitutional right. I feel it should be exercised. If they did it, then the citizens wouldn't have to," said Byrne.

And town officials say they're looking into just that.

Town officials say they're also looking into changing the structure of their meetings to prevent further outbursts and arguments.




Moving forward after police called to Cape Vincent town council meeting

Updated 08/18/2009 06:52 AM
By: Katie Gibas

Link -->here<-- to see YNN video

CAPE VINCENT, N.Y. -- The Cape Vincent town meetings have been getting pretty heated lately. Last week the police were even called.

Town officials' issue is with John Byrne who has been recording the meetings for more than a year. Their biggest concern is that the video is being taken out of context and used on blogs as an attack tactic.

"They're only showing one portion of the videos, which everything you've seen, when you see the blowups, they've only been of them. They have not been any videos of the rest of the audience. No video of how maybe the planning board or town board member got upset to begin," said Thomas Rienbeck, Cape Vincent Town Supervisor.

But legal experts say there's nothing wrong with only posting portions.

"The courts have said that once somebody records a meeting, the fact that it may be edited or altered or even used out of context is beyond anybody's control. It's perfectly valid," said Robert Freeman, NYS Committee on Open Government Executive Director.

Byrne says he's only been posting portions of the meeting because of logistical and time constraints.

"To post a whole meeting would take an enormous amount of time. YouTube allows you to only post approximately 10 minutes at a time, so I try to grab 10 minutes of every meeting that the residents seem to be the most interested in," said John Byrne, Cape Vincent resident.

Town officials are concerned about what will happen at future meetings.

"Where do you draw the line on this saying this is being abusive and disrupting meetings. But they're not coming out and saying that. How far do you go before you say this is enough?" said Rienbeck.

But both town officials and Byrne say they're not going anywhere.

"I will continue to record the meetings. It's a constitutional right. I feel it should be exercised. If they did it, then the citizens wouldn't have to," said Byrne.

And town officials say they're looking into just that.

Town officials say they're also looking into changing the structure of their meetings to prevent further outbursts and arguments.

Sunday, August 16, 2009

Expert: resident can tape meetings

Expert: resident can tape meetingsCAPE VINCENT FLAP: Open Meetings Law does not forbid videos
By JAEGUN LEE
TIMES STAFF WRITER
SUNDAY, AUGUST 16, 2009


CAPE VINCENT — Keep that camera rolling.

John L. Byrne, a town resident who was almost arrested for videotaping a Town Council meeting Thursday, should be allowed to tape the meetings, according to Robert J. Freeman, executive director of the state Committee on Open Government.

"Anybody can videotape or audio record an open meeting so long as the device is not disruptive or obtrusive," Mr. Freeman said.

There is nothing in the Open Meetings Law to address the issue, he said. However, there are judicial precedents allowing the use of tape recorders at open meetings, and those would apply to the use of video recorders, Mr. Freeman said.

Town Supervisor Thomas K. Rienbeck called police to arrest Mr. Byrne shortly after the meeting started Thursday night.

Deputy Sheriff Shaun D. Cuddeback, who was called into the meeting along with village Police Chief Thomas S. Strejlau, took the Town Council members outside to advise them that they could face a civil suit if an arrest was made.

No arrest was made, and Mr. Byrne was allowed to tape the meeting.

"The camera is disruptive of the meeting," Councilman Joseph H. Wood said.

Mr. Rienbeck said he wanted to stop Mr. Byrne from taping the meeting because, he said, the footage would be edited for the sole purpose of humiliating the town officials.

"They are just trying to degrade the town board," Mr. Rienbeck said. "They're waiting for somebody, like me or the Planning Board chairman, Richard Edsall, to lose temper."

For several years, the Town Council has been in conflict with the Wind Power Ethics Group, which opposes unregulated wind development in Cape Vincent, over the proposed wind development projects in the town.

Mr. Byrne is a member of WPEG.

There are two wind projects proposed in Cape Vincent: the Cape Vincent Wind Farm in the southern part of the town's agricultural district and the St. Lawrence Wind Farm planned for the northern agricultural district.

Jefferson County Legislator Michael J. Docteur, R-Cape Vincent, said the town should allow the public to videotape its meetings regardless of how the content is used.

"Any one of you can sit home, you can cut that and paste it to a blog and make all the derogatory remarks you want. It's free press," he said. "That's the 21st-century medium."

Mr. Byrne said he started attending town meetings four years ago and filmed about a dozen town meetings to share with people who were unable to attend.

His footage of the first eight minutes of Thursday's council meeting was posted on YouTube and was viewed more than 1,000 times by Friday afternoon.

Mr. Byrne said he will continue to record the town meetings despite the criticism from the town officials.

"If it's a constitutional right given to us, I will exercise that right," he said.

Friday, August 14, 2009

Board to review moratorium petition

Board to review moratorium petition
NO ACTION TAKEN: Cape Vincent man says townwide, not limited, hold on wind development preferred
By JAEGUN LEE
TIMES STAFF WRITER
FRIDAY, AUGUST 14, 2009

CAPE VINCENT — A petition with more than 650 signatures was submitted at the Town Board meeting Thursday asking officials to enact a one-year, townwide moratorium on wind development.

The board is considering a six-month moratorium for the lakefront and riverfront districts, but took no action regarding any moratorium on wind development at a meeting.

"Most people feel that this limited moratorium is not effective," said David LaMora, a town resident who submitted the petition Thursday.

The county Planning Board also recently recommended a townwide moratorium instead of the proposed limited moratorium at its meeting July 28.

"The county Planning Board stepped out of line to make that decision," town Supervisor Thomas K. Rienbeck said Thursday.

Mr. Rienbeck promised the town board will review the petition, but said officials do not plan to enact a townwide moratorium. He said there were no valid reasons for having a townwide wind ban.

"The wind companies are at least a year away from getting any kind of approval," Mr. Rienbeck said. "I can't personally see how it will benefit any of us."

The proposed six-month waterfront moratorium, on the other hand, would prevent town residents from erecting personal wind turbines along Lake Ontario and the St. Lawrence River while the town drafts a law to regulate wind development, he said.

"We've already had four request for personal wind turbines," Mr. Rienbeck said.

The waterfront districts run north of Route 12E east of the village, and to County Route 6 north of Mud Bay west of the village.

Mr. Rienbeck said the town's attorneys at Whiteman, Osterman & Hanna, Albany, are fine-tuning a new wind law, and he hopes to see the law adopted before the end of this year.

Art Pundt, a town resident, said it only took about two to three weeks for about 15 volunteers to gather 665 signatures. He said the volunteers gathered the petitions from a cross-section of town residents, and he believes most of the town residents, and not only the "anti-wind people," want a townwide moratorium.

Mr. LaMora said the town board should schedule a public hearing on a wind moratorium before Labor Day, when the summer residents start to leave. No such hearing is scheduled.

The next town council meeting will be held at 6 p.m. Sept. 10 at the town office on Route 12E.

Thursday, August 13, 2009

Cape Vincent Town Wind Energy Development Moratorium.~ Petition

At the Town Board meeting of Aug. 13, 2009, a petition, asking for a wind development moratorium with over 650 signatures on it.
~~~~
Text of petition:
Cape Vincent Town Wind Energy Development Moratorium.

There is new and increasing information concerning a negative effect of large wind turbines. In order to fully examine these issues, we the undersigned citizens of Cape Vincent, New York hereby request the Cape Vincent town board to enact a one-year moratorium on all wind energy development in all, town zoning district's.

While we a knowledge the prohibited status of the town board members take action regarding wind development issues. We maintain the above action would not constitute a violation of that status, but rather be a meaningful attempt to address this issue. I considering the voice of the people.



link here for better view

Sunday, August 9, 2009

Save The River calls for a Moratorium

Save The River sent a letter to Supervisor Rienbeck Aug. 9, 2009 asking that a moratorium on wind development be established. Their request fell upon deaf ears.


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Wednesday, August 5, 2009

Cape ZBA declares wind turbine illegal

By JAEGUN LEE
TIMES STAFF WRITER
WEDNESDAY, AUGUST 5, 2009


CAPE VINCENT — Personal wind turbines taller than 35 feet are illegal, the town's Zoning Board of Appeals decided Monday.

The ZBA voted unanimously at its monthly meeting that Roger D. Alexander's 92-foot-tall residential wind turbine is in violation of the town's zoning law.






Link to WDT article and comments -->here

Tuesday, August 4, 2009

Transmission lines plan requires state approval

ST. LAWRENCE WIND FARM: Preferred route would run through land controlled by DEC
By NANCY MADSEN
TIMES STAFF WRITER
TUESDAY, AUGUST 4, 2009

CAPE VINCENT — In addition local approval and state and federal permits, the proposed St. Lawrence Wind Farm will need an act of the state Legislature to run a transmission line to a substation outside of Chaumont.

According to developer Acciona Wind Energy USA LLC's supplemental draft environmental impact statement, the preferred route for a transmission line from the 53-turbine facility runs 9 miles from a substation on Swamp Road in the project area to a National Grid substation on County Route 179 in the town of Lyme.

About 1.6 miles will be through Ashland Flats Wildlife Management Area in Cape Vincent and Lyme. The state Department of Environmental Conservation controls the area.

In comments on the statement, DEC said putting a transmission line in the area would require an act of the state Legislature and the exchange of suitable property for public use. The comments warned that a bill has not yet been introduced, with no indication of when that would happen, so an alternative route may be required.

"We are aware of the process that is required," Acciona project manager Peter E. Zedick said in an e-mail last week. "We have been discussing the issue with the Real Property division of the DEC in the Watertown office."

The usual choice for introducing a bill would be the local representatives to the state Assembly and Senate. But Sen. Darrel J. Aubertine, D-Cape Vincent, has a lease with Acciona for possible turbine location on his property, creating a possible conflict.

Sen. Aubertine's office declined to comment on the matter.

Acciona said it plans to build much of its transmission line along the water line operated by the Development Authority of the North Country. The easements for the water line follow the abandoned New York Central Railroad corridor.

That line takes water from a plant in Cape Vincent to Glen Park, serving towns, villages and schools along the way. Placement in or along the DANC easement would extend for about 7.5 miles, or 85 percent of the electric transmission line's length.

But DANC would have to approve the plan. Officials there said they are still waiting for responses from the developer on questions. DANC Chief Executive Officer James W. Wright said in May the authority had sent a letter last summer and met with the developer last fall, then repeated the questions to Cape Vincent Supervisor Thomas K. Rienbeck in another letter in April.

The authority asked for information on National Electric Safety Code requirements for electric transmission line construction close to water lines, plans for the electric transmission line in the DANC easement, planned pole placement in the easement and a list of easements already secured.

Mr. Wright said Monday he has not heard back from the developer or Mr. Rienbeck.

In May, DEC asked DANC whether discussions had occurred between DANC and Acciona.

"I indicated we hadn't heard back from them," Mr. Wright said.

DEC's Region 6 office has heard from Acciona. Spokesman Stephen W. Litwhiler said the two communicated in May and had an e-mail exchange about wetland mitigation in June.

Acciona submitted a complete application for a federal Clean Water Act and state Freshwater Wetland permit on July 22.

In the application, Acciona said it will permanently fill 0.33 acre of wetlands on the 7,600-acre project development area, including along the proposed transmission line route. About 1.95 acres will be affected temporarily.

The application also said Acciona will place 11 overhead power poles adjacent to two DEC-registered wetlands, within the DANC easement.

Acciona offered to establish new wetlands totaling 0.7 acre, restore 1.95 acres that will be temporarily hurt and create at least an acre for a conservation easement.

The application is available for the public to review at the Cape Vincent Public Library, 157 N. Real St., Cape Vincent. DEC will accept comments on the application until Aug. 28.


DEC permit application notice link here

Jefferson County Department of Planning Letter To Thomas K. Rienbeck~ Supervisor Town of Cape Vincent~ Moratorium

Saturday, August 1, 2009

Cape Vincent ~ Woman protests turbine

Woman protests turbine

By JAEGUN LEE
TIMES STAFF WRITER
SATURDAY, AUGUST 1, 2009
CAPE VINCENT — A town resident is in a dispute with the town's zoning board over her neighbor's wind turbine, which she believes is too close to her property.

"I want it down," said Mary C. Grogan, a seasonal town resident who lives next to Roger D. Alexander.

Ms. Grogan, County Route 7, said the turbine is too close to her residence and she is worried the turbine will affect her son,who has cerebral palsy.

Opponents of wind turbines argue that noise and shadow flicker could cause headaches and even trigger seizures .
Ms. Grogan said she was not given an opportunity to protest the turbine because the town's Zoning Board of Appeals did not hold a site plan review for the structure.

The town's zoning officer, Alan Wood, said the turbine did not require a site plan review because it was considered a utility and an accessory structure. Turbines are classified as utilities under the town's zoning law.

However, Ms. Grogan said, if the turbine is considered an accessory structure, it should not be taller than the 35 feet allowed under the town's zoning law.

Mr. Alexander's permit says the wind turbine is 128 foot tall. Mr. Wood said the turbine is actually 92 feet tall. Both Mr. Wood and Clifford P. Schneider, a town resident who helped Ms. Grogan take measurements, said the turbine is about 108 feet from the property line.

"It's one of those gray areas," Mr. Wood said. "I personally went to the zoning and planning board asking if there was anything against putting up a residential wind tower. They said no."

He said there are no rules for setbacks and heights for residential wind turbines in the zoning ordinance.

"None of Mary's arguments are true," he said.

ZBA Chairman Edward P. Bender said a site plan review would not be required for putting up a wind turbine in the town.

Mr. Alexander, owner of the Lazy Acres Mobile Home Park, said everything he did was legal and he did everything the town required him to do.

"I do what's right," he said, adding this isn't the first time he has had a dispute with Ms. Grogan.

Ms. Grogan also said the turbine was erected on the wrong lot. Mr. Alexander's turbine was built on a piece of land next to the lot that was on his initial permit.

Mr. Wood said Mr. Alexander renewed his permit just before he erected the turbine and corrected the "typographical error" he made in the previous permit.

Ms. Grogan said she is considering hiring a lawyer if the town refuses to order Mr. Alexander to take down his turbine.

Ms. Grogan said she will attend the next Zoning Board of Appeals meeting to air her concerns. The ZBA will meet at 7 p.m. Monday at the town offices on Route 12E.

Woman protests turbine


Watertown Daily Times | Woman protests turbine

'I WANT IT DOWN': Cape Vincent resident disputes zoning board
By JAEGUN LEE
TIMES STAFF WRITER
SATURDAY, AUGUST 1, 2009

CAPE VINCENT — A town resident is in a dispute with the town's zoning board over her neighbor's wind turbine, which she believes is too close to her property.

"I want it down," said Mary C. Grogan, a seasonal town resident who lives next to Roger D. Alexander.

 title link to original

Thursday, July 30, 2009

Bp informs Cape Vincent that they signed AG /Code of conduct

Ms. Mason,
This letter is to inform officials and residents of the town that BP Wind Energy joined 14 other wind companies and Attorney General Cuomo this week in signing the enclosed code of conduct agreement for wind energy development in New York that the wind industry is avoiding conflicts of interests related to town and county officials. The State of New York is committed to the continued development to clean, wind energy and BP Wind Energy is committed to upholding the highest standards of development as outlined in this agreement.
If there are any questions about this, please feel free to contact me at (434) 220-9428
Sincerely
James H. Madden
Business Developer

Developers sign on to state wind ethics code

By Nancy Madsen Watertown Daily Times, N.Y.
Publication: Watertown Daily Times (New York)
Date: Thursday, July 30 2009
Jul. 30--All of the local wind developers signed on to the state attorney general's Wind Industry Ethics Code on Wednesday.

The developers of four local projects were among 15 companies that signed on.

"New York must be equally committed to clean energy and clean government," Attorney General Andrew M. Cuomo said. "Wind power has enormous environmental and economic potential for New York and it is critical that this industry continues to grow without the suspicion or shadow of public corruption or anything else outside the law."

The code was introduced Oct. 31, when two developers, Noble Environmental Power LLC, Essex, Conn., and First Wind, Newton, Mass., signed the pact after an investigation by the attorney general's office into allegations that they were bribing local officials to push through wind projects.

"The code is prospective," Mr. Cuomo said during a press conference in Albany. "It defines the rules going forward. Investigations with past actions continue."

The voluntary code calls on developers to disclose financial relationships with town officials or their relatives, release written property agreements and establish ethics training for employees. Under the code, developers are not allowed to hire local officials, give gifts worth more than $10 in one year or pay for an official's or municipality's legal fees related to a law enforcement investigation.

Violation of the code could lead to civil penalties of $50,000 for the first violation and $100,000 for subsequent violations.

All of the local developers signed on, including:

--Acciona Wind Energy USA LLC, developer of St. Lawrence Wind Farm in Cape Vincent.

--BP Wind Energy North America Inc., developer of Cape Vincent Wind Farm.

--Iberdrola Renewables Inc., part-owner of Maple Ridge Wind Farm and developer of Horse Creek Wind Farm in Clayton and Stone Church Wind Farm in Hammond.

--Horizon Wind Energy, part-owner of Maple Ridge Wind Farm.

--Galloo Island Wind Farm developers Pattern Energy Group Holdings and Upstate NY Power Corp.

"We feel this is a positive step for the industry," said BP project manager James H. Madden. "We have some work ahead of us for documenting what is required, but we think this is going to help our project move forward."

The other local developers also praised the code and expressed readiness to comply with public notification.

"We applaud the state of New York's support of the renewable energy industry and today's announcement of formal efforts to ensure transparency and accountability across the board," Acciona project manager Peter E. Zedick said in an e-mail.

Beth O'Brien, spokeswoman for Pattern Energy, said, "Hopefully, it will give some comfort to local communities and help New York reach its renewable energy goals."

Other signatories included Ecogen Wind LLC, E.on Climate and Renewables North America Inc., Everpower Wind Holdings Inc., Invenergy Wind Development LLC, Northwind & Power LLC, Penn Energy Trust LLC, Sustainable Energy Trust Inc., and Shell WindEnergyInc. Later Wednesday, after facing a subpoena from the attorney general's office, Reunion Power also signed.

The Alliance for Clean Energy New York, a renewable energy proponent, worked on behalf of its member wind developers in the discussions on the code with the attorney general's office. It said the developers and their subsidiaries comprise more than 90 percent of constructed and proposed wind power projects.

Executive Director Carol E. Murphy said in a press release, "This set of guidelines incorporates best industry practices and sets a new standard of transparency and public integrity that goes far beyond existing state law and what other industries must comply with."

The code signed Wednesday had slight changes from the first version. The word "knowingly" was added to sections telling developers not to give gifts, honorariums or compensation to municipal officers or their relatives.

Financial interests in the development by municipal officers or family members must be disclosed before a first application is made to a town, either for a wind measurement tower or a project.

And developers are given 60 days to hold a seminar on conflicts of interest with employees. The members of the attorney general's wind energy task force are clearly defined, including representatives of the wind industry.

"We've been working closely with other responsible wind developers," said Paul N. Copleman, communications manager for Iberdrola. "It is fair to the wind industry and to the communities."

To see more of the Watertown Daily Times, or to subscribe to the newspaper, go to http://www.watertowndailytimes.com . Copyright (c) 2009, Watertown Daily Times, N.Y. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com , call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

Wednesday, July 29, 2009

Cape wind ban gets support

Cape wind ban gets support
COUNTY APPROVAL: Partial moratorium proposed by town doesn't win board's OK
By NANCY MADSEN
TIMES STAFF WRITER
WEDNESDAY, JULY 29, 2009


A wind-power moratorium on just a portion of a town doesn't make sense.

That's according to the Jefferson County Planning Board, which considered Cape Vincent's proposed six-month moratorium for wind power development in the lakefront and river front districts at its meeting Tuesday afternoon. The members of the board approved a townwide moratorium, which was not presented to them, rather than the town's proposed partial moratorium.

The county board, however, did not directly reject the town's proposal.

"They should look at all areas," said member Jon W. Storms.

When the Town Council introduced the moratorium idea July 9, it said it would protect the two districts which were never intended for wind power development.

"Currently, we have two projects under review in the ag district and we're not going to suspend those," Supervisor Tho-mas K. Rienbeck said at the time. "One is almost complete."

The riverfront district runs north of Route 12E, east of the village and to County Route 6 west of the village.

The lakefront district lies west of County Route 6, north of Mud Creek.

Those districts contain none of the proposed turbines in either the St. Lawrence Wind Farm or Cape Vincent Wind Farm projects.

"The Town Council acknowledges that the current zoning law is not equipped to review wind generating facilities," said Michael J. Bourcy, the county community development coordinator.

Mr. Bourcy was part of the town's most recent review of a zoning law, which was completed in January.

"The last draft we had wouldn't allow these uses in the (riverfront) or (lake front) districts," he said.

Until a law is adopted, all meteorological towers, personal windmills and commercial wind turbines are considered utilities, based on a decision from the town's Zoning Board of Appeals and may be placed anywhere in the town following a site plan review.

As part of the county Planning Board's comments, members reminded the town the state Department of State has said municipalities must make a valid argument for enacting any moratorium. Planning Board member Clifford J. Schneider, who is also a Cape Vincent resident, said, "Understanding that this is the biggest development in our county, I am dumbfounded to understand why they do not have a zoning amendment for it."

If the Planning Board had rejected the two-district moratorium, it would have forced the Town Council to approve it by at least a 4-1 vote.

Tuesday's approval of a moratorium with different boundaries acts only as a recommendation to the town.

The County Planning Board also approved a zoning amendment for the town of Watertown which combines the light industrial and business districts from the area bordering outer Coffeen Street south to the parcels surrounding outer Arsenal Street.

The new district is called "neighborhood commercial" and includes all of the light manufacturing and business uses previously allowed.

It also includes regulations on single-family and multi-family residences with minimum footprints and does not allow mobile homes.

The board encouraged the town to consider applying the new district in other business districts.

The board commented on and approved proposed regulations for Grindstone Island in the town of Clayton.

While the town told the board the regulations are meant to encourage a rural, low-density feel on the island, the board questioned whether uses including flea markets, self-storage, quarries and educational institutions meet that goal.

Wind turbines proposed for lake

Watertown Daily Times | Wind turbines proposed for lake

CANADIAN WATERS: Shoals of Main Duck Island could house 142 turbines; site 22 miles from Cape Vincent
By NANCY MADSEN
TIMES STAFF WRITER
WEDNESDAY, JULY 29, 2009

The shoals off Main Duck Island, on the Canadian side of Lake Ontario, may host an offshore wind power project.

Trillium Wind Power Corp., Toronto, is proposing a 142-turbine project in the shoals southwest of the island to produce up to 710 megawatts of power.

"We purposefully went out on the water and chose this unique site because of its attributes," said John Kourtoff, CEO of Trillium Wind.

The project, Trillium Power Wind 1, would send its electricity over a 28-kilometer, or 16.8-mile, underwater and underground transmission line to Lennox Generating Station, Bath.

Main Duck Island was bought by the Canadian government in 1978, Mr. Kourtoff said. It had been in private hands, including those of former U.S. Secretary of State John Foster Dulles, who bought it in 1941, according to Times archives. Mr. Dulles had a cabin there, about 22 miles from Cape Vincent.

The shoals are a popular fishing spot. Fishing and sailboats would still be allowed in the area. And fish populations could increase as a result of the project.

Research by Ontario's government has indicated turbine foundations would create a "reef effect," giving young fry shelter from storms that roll across the lake. That would regenerate their populations by up to eight times the natural rate. Commercial fishing once thrived on American eel and lake trout in the area, but commercial fishing is no longer legal there.

"The island is the northeastern point of essentially an underwater mesa," Mr. Kourtoff said.

He said there is not much sediment southwest of the island. The site considered for the wind project would begin about three-tenths of a mile south of the island. There, the water is about 6 feet deep, and at the farthest reaches of the site, the water is about 130 feet, deep.

Mr. Kourtoff said the developer did an unprecedented number of bird studies but found few birds.

"Birds don't nest 20 kilometers out on the lake," he said. "Most feed near the shorelines."

Trillium Wind leadership has worked on renewable energy development since the 1980s. The company conducted the original wind measurements on Wolfe Island.

"We've been at renewable power long before it became popular," Mr. Kourtoff said.

This project is still a few years away.

Mr. Kourtoff said it might switch to 6-megawatt turbines instead of the 5-megawatt turbines currently planned.

That would cut down on the number of turbines, decreasing the installation and maintenance costs.

No matter which is used, Mr. Kourtoff said, the turbines will be about 330 feet high.

He said the winds needed to power turbines are at lower elevations over water than over land and vegetation.

To install the turbines, Trillium Power would use "eco-designed" barges. Mr. Kourtoff said the two barges, one for installing the turbines and one for creating the foundations, will not bilge and will have greaseless legs to jack themselves out of the water. The barges each carry up to 30 people and are the size of a football field.

"It's kind of bizarre to use old technology while you're putting up a green project," he said.

Tuesday, July 28, 2009

Moratorium on wind development a good idea for Cape Vincent~ Letter

Watertown Daily Times | Moratorium on wind development a good idea for Cape Vincent

TUESDAY, JULY 28, 2009

Petitions are being circulated in the town of Cape Vincent calling for a one-year town-wide moratorium on any wind farm development. The petition is calling on the Cape Vincent town officials to enact such a moratorium to thoroughly examine wind farm zoning regulations appropriate for the health, safety and welfare of all the residents of the community as well as the aesthetic impacts to the town and 1000 Islands region.

A one-year town-wide moratorium seems to be a reasonable request and a warranted action given the fact the town has no zoning laws in place to protect its citizens. The town is currently proposing a one-year partial wind-farm development moratorium in the lake and river districts where no known wind developments are proposed. It would seem more logical that any moratorium would first apply to those parts of the town where wind farms are currently being proposed.

The town completed a draft wind law earlier this year, at considerable expense to the taxpayers. How can the town on the one hand consider a partial moratorium to enact a wind law, while on the other hand fail to disclose their completed draft wind law? A town-wide moratorium as well as the release of their newest draft wind law is needed.

Wind farm development in any part of the town without zoning and/or a wind law in place would be an unfairness and injustice to all the citizens of the town and certainly contrary to the interest of good government. A one-year town-wide wind farm development moratorium would provide time for the deliberation and enactment of responsible zoning.

Thomas E. Brown

Cape Vincent

Saturday, July 25, 2009

Wind PILOTs Watertown Daily Times Editorial

Watertown Daily Times | Wind PILOTs

Too much given away to developers
SATURDAY, JULY 25, 2009

A payment-in-lieu-of-taxes agreement being developed by the Jefferson County Industrial Development Agency will give away tens of millions of dollars in taxes with minimal return for the price being paid by county taxpayers.

A uniform policy plan being prepared by the agency will collect $2.5 million from developers of the proposed Galloo Island Wind Farm in its first year of operation. That represents about 15 percent to 20 percent of what would be collected if the project paid full taxes.

In the first year alone, the county, school districts and other municipalities will lose out on almost $10 million that could be used to reduce property taxes, build roads or hire new teachers.

Future payments may be adjusted based on energy prices but projected out over a 15-year pilot the developer will reap a windfall worth millions of dollars.


And what will Jefferson County residents get in return?

Will we get jobs? Maybe a handful.

Will we get lower-cost electricity? No.

Will we get a better environment? No.

What other manufacturer or business receives an 85 percent tax break for something that does not yield a significant number of new jobs?

The JCIDA needs to slow down and re-evaluate this ill-conceived plan. The JCIDA is responsible to ensure a greater economic benefit to county residents. Projects without meaningful numbers of jobs should not benefit from lower property taxes.

And JCIDA must require additional conditions on wind turbine developers.

To benefit from any JCIDA program the developers must be required to sign Attorney General Andrew M. Cuomo's code of ethics. The process of permitting wind developments has been fraught with conflicts of interests. Some local government officials deciding zoning and safety codes are the same people who have signed agreements with developers to site turbines on their personal property.

Additionally the developers must provide adequate upfront funds under control of local municipalities to remove the turbines once their useful life expires or the operators go out of business.

The JCIDA has undertaken an enormous task which will affect generations of Jefferson County residents, and they are doing it without public discussion and debate. The time has come for a serious discussion of the value of property tax breaks.

Friday, July 24, 2009

Many DEIS reviewers still unsatisfied

ROUND TWO: Main comments for proposed St. Lawrence Wind Farm regard impacts on wildlife, geology


By NANCY MADSEN
TIMES STAFF WRITER
FRIDAY, JULY 24, 2009

CAPE VINCENT — Round two of the reviews of the environmental assessment of the proposed St. Lawrence Wind Farm took up where round one ended.

Like the first draft, the supplemental draft environmental impact statement has a high number of comments — more than 60 by state officials and members of the public.

Birds, wildlife and geology were the main subjects of comments on Acciona Energy North America's study of the impacts of its proposed project in the town of Cape Vincent.

The state Department of Environmental Conservation called on the developer to provide more information on bird species, especially several state-listed threatened or endangered species, including the short-eared owl.


Data on short-eared owl, state-listed endangered species, and northern harrier, state-listed threatened species, "were provided to the Project developer (Acciona), by DEC, but were not incorporated into the SDEIS and the potential impacts to these species have not been addressed," DEC staff wrote.

DEC staff saw the owls during the 2006-07 winter, at the same time that Acciona's consultants did not.

"To overcome this inconsistency in reporting between DEC and the project consultant, additional survey effort directed towards the short-eared owl is recommended during both pre-construction and post-construction, to be sure this species' distribution and abundance is accurately documented," the department wrote in its comments.

Onondaga Audubon chapter of the National Audubon Society asked for more information on birds, including grassland birds.

The letter from Thomas Riley, chairman of the chapter's Conservation Committee, cited the second Atlas of Breeding Birds of New York State in saying the area had a significant population of endangered and threatened species. The atlas had five years of work from thousands of employees, said the letter.

"The SDEIS does not report the same concentrations," Mr. Riley wrote. "We believe this is because the fieldwork for the SDEIS was not adequate in duration and expertise."

The chapter asked for two more years of bird studies.

DEC also commented on Acciona's plan for Blanding's turtle, a state-listed threatened species.

The statement said it would avoid hurting the turtles by not placing turbines in wetlands and having limited access road traffic, but DEC said the measures were not sufficient, "particularly from loss of nesting habitat by turbines and mortality caused by vehicles on roads constructed in nesting areas."

Instead, mitigation measures may include not constructing turbines during nesting season in early summer.

On geological impacts, DEC reminded the developer that it had asked for geotechnical investigations of the project area to identify karst features, which would be susceptible to allowing tainted groundwater to run into underground aquifers. Karst "is a special type of landscape that is formed by the dissolution of soluble rocks, including limestone and dolomite," according to the Karst Water Institute.

In the supplemental statement, Acciona outlined proposed karst and geological investigations.

"While this largely conforms to DEC recommendations, it is important that results of these investigations be made available to assess the adequacy of proposed mitigation measures," DEC wrote.

Acciona said in the statement that the proposed mitigation measures would be included in a Stormwater Pollution Prevention Plan, submitted for DEC permit. But DEC said the draft plan should have been with the supplemental statement. The department may require submission of the plan before implementing it.

"Specifically lacking in this discussion is any mention of controlled concrete washout areas at turbine foundation sites," DEC wrote. "This is important to prevent concrete slurry from contaminating groundwater through karst features or surface waters and wetlands."

James C. Corbin, programming director for WWNY-TV 7, said, "It has been our experience that VHF frequencies are more affected by turbines than UHF frequencies, and contrary to the conclusion Comsearch makes, digital signals can be affected by intervening structures."

Comsearch is Acciona's source of a report on television signals.

In the digital conversion, WWNY switched its broadcast signal from 35, a UHF frequency, to 7, a VHF frequency.

He said cable would not be a viable mitigation measure for many rural viewers and satellite does not carry local broadcast stations, such as WWNY, that provide local emergency notifications.

Andrew C. Davies, utility supervisor in environmental division of the Department of Public Service, asked for more information on road widening and potential effects on existing underground utility structures. He also outlined the department's requirements, including detailed engineering, security, maintenance and decommissioning information.

Jeff Zappieri, supervisor of the consistency unit in the Office of Coastal, Local Government and Community Sustainability in the state Department of State, suggested a bond to cover all costs of decommissioning and adequate money for road repair be set aside.

Clifford P. Schneider, a town resident who has published peer-reviewed articles on sound, found problems with the noise analysis and encouraged an unbiased review of the study.

He said the report lacked a table of all non-participating residents within a mile and their assumed ambient sound and projected noise impact from the wind farm, which is a "common practice" for wind project environmental statements.

He asked for noise monitoring locations on non-participating property owners instead of all on leaseholders' property "since this analysis is ultimately intended to assess impacts on non-participating residents."

Mr. Schneider's report found that sufficient wind speeds at turbine height to make them operate happened at 30 percent of the time when winds were calm at the surface and noise was measured at an average 25.6 decibels, far below the 42 decibels Acciona's consultant used.

He wrote, "The developer needs to conduct another project layout and impact analysis that assumes a 26 dBA background sound along with the NYSDEC noise impact allowance, e.g., 5 dBA for project-only increase."

A dozen or so comments called for a moratorium on any wind development in the town for a year while about another dozen said the supplemental statement was sufficient.

According to a July 2 letter from the town's attorney on the wind power project, Todd M. Mathes, of Whiteman, Osterman & Hanna LLP, Albany, the town Planning Board "would like its consultants to work with the project applicant to move toward preparation of a Final Environmental Impact Statement which summarizes the comments received and provides responses."

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St. Lawrence Wind Farm