Turbine owner given reprieve

Turbine owner given reprieve

CAPE CONTROVERSY: Alexander to be given chance to appeal ruling to town's ZBA
By JAEGUN LEE
TIMES STAFF WRITER
FRIDAY, OCTOBER 9, 2009

CAPE VINCENT — Roger D. Alexander can keep his 92-foot wind turbine, for now.

Alan N. Wood, the town's zoning enforcement officer, said Mr. Alexander will be given another chance to appeal his case to the town's Zoning Board of Appeals.

Mr. Wood said that he notified Mr. Alexander of his violation by mail last month and that a written response from Mr. Alexander's attorney, David B. Guertsen, arrived last week.

Link to original
Turbine owner given reprieve

Orleans council cancels wind session

Watertown Daily Times | Orleans council cancels wind session

LAFARGEVILLE — The Orleans Town Council canceled a wind power comment meeting that had been set for Oct. 21.

By NANCY MADSEN

TIMES STAFF WRITER

FRIDAY, OCTOBER 9, 2009

The council had agreed to host the meeting after Horse Creek Wind Farm proponents balked at the recommendations from the town's Wind Committee for more restrictive zoning for commercial wind farms in the town.

The council and committee discussed the recommendations at a meeting Sept. 17.

During that time, the wind project proponents, led by Jay M. Burrows, submitted a petition to leave the zoning law as it is and asked for an opportunity to speak their mind. That forum, set for Oct. 21, was canceled in a divided vote at the council's regular meeting Thursday night.

"This isn't a new topic that they got blindsided with," Councilman Dean T. Morrow said. "They could've for two years come to any board meeting at any time and opened a dialog with us. It's a mistake to hold this session to have them come to us to have a bitch session about the town."

Mr. Morrow, Councilmen Thomas A. Johnston and Peter R. Davis voted to cancel the meeting. Supervisor Donna J. Chatterton and Councilman Kevin C. Rarick voted against the measure.

Ms. Chatterton wanted to stick with the plan they had agreed on Sept. 17.

"The board should've stepped in that night and said, 'No,'" she said.

She said there were restrictions, such as signing in and comments of only three minutes, to help keep civility.

But Mr. Morrow didn't think they would be enough.

"I think it will turn into a circus," Mr. Morrow said.

Members of the town's Wind Committee also distrusted the additional meeting.

"I have a real question on you turning this around," member Darryl Hyde said. "We held all these meetings and they were all open to the public. We went through numbers of references and documents and where in the hell were all these people then?"

Judy E. Tubolino, vice-chairwoman of the wind committee and a member of the Environmentally Concerned Citizens Organization, said it seemed to be a double-standard.

"When ECCO started, we did all the educational meetings," she said. "For the town to be hosting something that is for the pro-wind group, that's not being fair."

The council members agreed the wind project proponents should hold their own informational forum, if they so choose.

"The people who were anti-wind had informational sessions for the public," Mr. Morrow said. "The pro-wind people should follow the same format."

Before the meeting, the Wind Committee also turned in its second part of recommendations on health and safety issues.

"Do we have a consensus of the board to move forward?" Mr. Morrow asked.

Ms. Chatterton said, "I think we need to read through the report before we do anything else."

Aubertine will participate in discussion on energy

MONDAY, OCTOBER 5, 2009

The state's top Democratic legislative leaders in energy will host a discussion Tuesday in Oswego to get feedback about the state's energy incentive programs, such as Power for Jobs.
The group includes state Sens. Darrel J. Aubertine, Cape Vincent, chairman of the Energy and Telecommunications Committee; and William T. Stachowski, Buffalo, chairman of the Commerce, Economic Development and Small Business Committee; and Assemblymen Kevin A. Cahill, Kingston, chairman of the Energy Committee; Robin Schimminger, Tonawanda, chairman of the Economic Development, Job Creation, Commerce and Industry Committee; and Richard L. Brodsky, Westchester, chairman of the Corporations, Authorities and Commissions Committee.
The event will be at 10 a.m. in Room 118 of Rich Hall on the campus of SUNY Oswego.

IDA speeds up Galloo wind farm deal

DEADLINE: Agency limits PILOT request to Hounsfield portion for now so developer can get U.S. aid
By NANCY MADSEN
TIMES STAFF WRITER

FRIDAY, OCTOBER 2, 2009

To meet a developer's request for speed, the Jefferson County Industrial Development Agency will begin laying out a property tax relief program for the proposed Galloo Island Wind Farm.

While the payment-in-lieu-of-taxes agreement will follow the formula developed for a uniform tax-exempt policy, JCIDA will not seek approval of the uniform policy now. That would require all affected taxing jurisdictions from the four proposed wind projects to sign on, which officials believe would take too long.

The time pressure comes from the Galloo Island developer, Upstate NY Power Corp., which wants to tap into a Treasury Department program. Wind power developers stand to get a check for 30 percent of the development costs upfront from the Treasury Department if some of the turbines are constructed by the end of 2010.

"We've got a good private investment opportunity here because of the 30 percent buy-in of the federal government," said JCIDA board member W. Edward Waldroff at the board meeting Thursday morning.


Upstate NY Power representative Robert W. Burgdorf said the federal rebates take the place of the Production Tax Credit program. That program hasn't been viable because large corporations haven't needed tax credits in the current economy, as many aren't making large amounts of money.

Upstate NY Power expects to have the environmental review process done in the next few months, with zoning approval following from the town of Hounsfield, said Mr. Burgdorf, attorney with Nixon Peabody, Rochester.

"We've had a lot of great support locally and at the state," he said. "There's real urgency to some of this."

The county Board of Legislators charged JCIDA with creating a uniform policy over a year ago.

"This is not really part of the uniform tax policy," JCIDA CEO Donald C. Alexander said. "It might be considered a model for how the policy would work."

The requested payment-in-lieu-of-taxes agreement would apply only to the portion of the project in the town of Hounsfield. That limits the number of taxing jurisdictions which need to approve the PILOT to three. At least eight jurisdictions would need to sign off on the uniform policy.

Under the resolution passed Thursday, JCIDA will begin presenting the PILOT plan to Jefferson County, the town of Hounsfield and Sackets Harbor Central School District. Those jurisdictions must also agree on a division of the PILOT payments.

JCIDA will seek agreements on both those items by its December meeting, which Mr. Alexander called a "very compressed time frame."

Upstate NY Power will seek mortgage and sales tax abatements through JCIDA, too, for the rest of the transmission facilities in Jefferson County. The portion of the underwater cable in the town of Henderson and the 230-kilovolt transmission line in Henderson and Ellisburg would be included.

Mr. Burgdorf told JCIDA board members the developer will keep ownership of the line, selling capacity to other power producers. The line will have four times the capacity needed for the Galloo Island project.

"This will help resolve some of the problems we have up here with the grid," Mr. Burgdorf said. "This will open up other possibilities for other electric project needs."

In other JCIDA business, the board approved:

■ A loan modification for the Watertown Family YMCA to reduce fees and allow the YMCA to keep the property after four years even if fundraising for the proposed child-care center is not complete.

■ A $5,000 working capital loan for Jessica L. Rabetoy, owner of Jessie's Pet Spa, Route 283, for five years at 4 percent.

Ms. Rabetoy told the loan review committee she opened her business Sept. 1 and has been very busy since.

"Even though there are quite a few grooming shops in the area, pet owners are usually waiting two to three weeks," she said.

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Much is at stake in upcoming elections ~ Letter to the editor

Watertown Daily Times | Much is at stake in upcoming elections

MONDAY, SEPTEMBER 28, 2009


The voters of Jefferson County have a great responsibility on Nov. 3. There are many candidates running this year who would like to give your town away. Yes, give your town away to multibillion-dollar foreign wind corporations to add a few dollars to their budgets. The big plan is to place nearly 500 wind turbines that operate at a 20 percent efficiency throughout the county. Think about this for a minute. This will destroy the county, your town and your property, and thanks to the many lies that the American Wind Energy Association (AWEA) has spread to the town boards and the landowners, we all are in trouble.

Here is a good example. In the town of Lyme, we have two openings for the town board. Running for these positions are Eric McDermott, a 2009 High School graduate. Is he ready to deal with the likes of Acciona Energy and BP? Julia Gosier, the outspoken member of Voters for Wind, whose agenda is to give the town of Lyme, known as the Golden Crescent, to British Petroleum. What would this do to our quiet nights and beautiful sunsets, and property values? She presently has a lawsuit against Lyme's wind law. Don Bourquin, member of the Planning Board, has a conflict of interest with his family and wind contracts. Ed DeMattia, a common-sense retiree from Verizon with an open mind, wants to work for all the people in Lyme, has no conflicts. Anne Harris, member of the Planning Board, who worked many hours with others to develop a good and fair wind law for the town, has no conflicts. The voters of Lyme have a clear choice. All the voters of Jefferson County should know whom they are voting for, and what they stand for. Call them and ask the hard questions. There is very much at stake here. Just look to Wolfe Island, add another 400, 450-foot wind turbines, and visualize what your town would look like. Would you buy a $30,000 car that gets six MPG? Voters, get out to vote and vote responsibly.

Steve Rutigliano

Three Mile Bay

Wind farm revenue may take major hit

EMPIRE ZONE: Leaders brace for $6.3m reduction if appeal fails
Wind farm revenue may take major hit

STEVE VIRKLER
TIMES STAFF WRITER
SATURDAY, SEPTEMBER 26, 2009


LOWVILLE — While hopeful that the Maple Ridge Wind Farm will retain Empire Zone benefits, local leaders are preparing for the worst-case scenario: a $6.3 million drop in combined wind-farm revenue for area governments.

While Lewis County projected $2.16 million from the wind farm in this year's budget, the proposed 2010 budget likely will include only about $600,000, the amount the county would receive if Empire Zone benefits are revoked, County Manager David H. Pendergast said. That's nearly a $1.6 million reduction.



link here to original story

WDT Editorial Wind power: look beyond money

Watertown Daily Times | Wind power: look beyond money

Wind power: look beyond money
By PERRY WHITE
SPECIAL COMMENTARY
FRIDAY, SEPTEMBER 18, 2009


Whither wind? As the nation staggers toward replacing fossil fuels with alternative energy sources, the north country has become a favored spot for companies looking to develop wind farms. The largest wind farm in the Northeast is up and running in Lewis County, and new projects are proposed in Hounsfield, Cape Vincent, Lyme, Clayton, Orleans and Hammond. Each of those communities is struggling with how to embrace — or not — the 400-foot towers and the transmission lines to carry the power.

The range of reactions is enlightening. The Maple Ridge project was embraced with enthusiasm by the communities on top of the Tug Hill Plateau, where before windmills, the chief enterprises were snowmobile trails, taverns and dying farms. That project has pumped about $8 million a year combined into town, school and county coffers, providing some tax relief and many capital improvements in towns that were far from flush with cash.

Many other municipal leaders now see the Maple Ridge model as potential for an infusion of fresh money into town bank accounts. In Cape Vincent, a significant opposition to wind power has gained no traction with a Town Council and a Planning Board that have unabashedly embraced a project for the town.

In Clayton, where the Town Council appeared to be leaning in the same direction, a citizens committee charged with developing recommended wind farm regulations came back with strong controls on setbacks and noise that town Supervisor Justin Taylor has acknowledged may end any prospect of a wind project in the town. Orleans and Lyme officials seem to be leaning in the same direction, while Hammond's reaction has been much more like Cape Vincent's.

The hallmark of the issue in each town has been the level of discord it has engendered. The Wind Power Ethics Group in Cape Vincent has been the subject of scorn, anger and ridicule by residents who view wind power as saving the town. Needless to say, the anti-wind group sees it as ruining the town's unique site, where Lake Ontario joins the St. Lawrence River, the gateway to the Thousand Islands. The Hammond battle appears to be forming along the same lines.

What is not being addressed in any of these debates is the larger question of what position wind power will take in the national energy production cycle. Because wind power technology has been around for a long time, it is at an advanced stage of development, and it is cheaper than solar power. Thus, it achieved a quick popularity with people seeking a quick alternative to coal and oil.

However, wind power has its own drawbacks. For one, except in off-shore installations, it is intermittent. And it is unpredictably intermittent — the loss of sufficient wind to generate electricity cannot be controlled by system operators. Hence, wind power will always need backup power to step in when the wind dies. And to date, that has been provided primarily by coal-fired plants — our worst choice, given the greenhouse gases it produces.

This flaw creates a false sense of accomplishment for environmentalists — yes, the wind is infinitely renewable and produces no pollution. But at least at this point in its technological development, it is a gallingly unreliable source of electricity that requires standby power to keep a sufficient number of electrons rolling across the thirsty electrical grid.

There is also the issue of cost. Wind power is economically feasible only with significant, multilayered government subsidies. Without the federal tax credit for such facilities, which reduces costs by several cents per kilowatt and allows the power to be competitive, few wind projects would be proposed. And no wind-power projects in New York state are being proposed without significant tax concessions — from Maple Ridge, where Empire Zone status funded by state taxpayers has kept the ball in the air to date, to payment-in-lieu-of-tax agreements being sought by every other wind developer. This spreads the costs of making money to taxpayers everywhere.

Hovering over the deeply divided parties is the Wolfe Island Wind Project, an 86-tower development in Ontario that looms, either wistfully or forebodingly, over the Cape Vincent, Lyme and Clayton combatants. That project is visible on Dry Hill Road in Rodman, 30 miles away, especially at night, when the array of 86 intermittent red lights casts an eerie slash of blinking light on the distant horizon.

Yet the issue here boils down to money. Some people want to make money off the wind farms, and some want to preserve and protect their property values.

And this creates perhaps the most subtle and difficult-to-address question: are those opposed to wind farms because of their fear they will despoil what is unquestionably one of the most beautiful regions in the Northeast carrying the torch for everyone because it is in the state's — and arguably the nation's — interest to protect such an important natural resource? Would the nation be happy if a nuclear power plant was proposed for Crater Lake, for example, or if a hydropower project was proposed for the Grand Canyon? I doubt it.

The north country may be the finest example of the good and the bad of wind power development. On the one hand, Maple Ridge appears to be an exemplary project that meets nearly everyone's needs and harms very few. On the other, the river project proposals may carry too great a cost for the entire region, with very few benefiting and many harmed. And once the towers are up, they are up for a long, long time. This is not a decision that should be rushed. And because the ramifications are so widespread, it is one that should be considered in the broader sense, and not fueled only by money.

Perry White is the city editor of the Watertown Daily Times

Cape Vincent ~ Editorial~ Mr. Alexander~Watertown Daily Times | Send lawyers, guns and money

Send lawyers, guns and money
FRIDAY, SEPTEMBER 18, 2009

When the Cape Vincent Zoning Board of Appeals affirmed Monday night its decision to require that Roger D. Alexander tear down the windmill he built on his property, it might as well have sent e-mails out to every lawyer in the county that a lawsuit is a-comin'.

Mr. Alexander, you'll remember, went to the town zoning enforcement officer with his plan, asking for guidance and a permit to erect the 90-foot tower. He got a permit in May, and it was renewed in August. And he built his windmill. And then spit hit the blades.

The howl was made by Mr. Alexander's neighbors, and the Zoning Board of Appeals apparently heard them loud and clear, because it not just once, but twice, rescinded the permits and will tell Mr. Alexander to remove his windmill. His, ahem, $80,000 windmill.

I suppose I understand the neighbors' positions. (I do, however, hope these neighbors have never sported pro-wind-farm signs on their lawns.) But it occurs to me that perhaps complaining after the tower was up might weaken the neighbors' position.

And it would seem almost a given that Mr. Alexander will have to resort to the courts to try to protect his not insignificant investment. He did not, after all, defy the rule of law. He did everything by the book. Now the town is telling him our fault, your loss. Does that seem fair to anyone?

Lots of planning boards and zoning boards of appeal get sued, but many of them prevail. The ones that lose are the ones that made egregious errors in their rulings. At least on the surface, it looks as though Cape Vincent ought to buckle its seat belt — it could be in for a bumpy ride.

Cape Vincent~Send lawyers, guns and money

Watertown Daily Times Send lawyers, guns and moneySend lawyers, guns and money
FRIDAY, SEPTEMBER 18, 2009


When the Cape Vincent Zoning Board of Appeals affirmed Monday night its decision to require that Roger D. Alexander tear down the windmill he built on his property, it might as well have sent e-mails out to every lawyer in the county that a lawsuit is a-comin'.

Mr. Alexander, you'll remember, went to the town zoning enforcement officer with his plan, asking for guidance and a permit to erect the 90-foot tower. He got a permit in May, and it was renewed in August. And he built his windmill. And then spit hit the blades.

The howl was made by Mr. Alexander's neighbors, and the Zoning Board of Appeals apparently heard them loud and clear, because it not just once, but twice, rescinded the permits and will tell Mr. Alexander to remove his windmill. His, ahem, $80,000 windmill.

I suppose I understand the neighbors' positions. (I do, however, hope these neighbors have never sported pro-wind-farm signs on their lawns.) But it occurs to me that perhaps complaining after the tower was up might weaken the neighbors' position.

And it would seem almost a given that Mr. Alexander will have to resort to the courts to try to protect his not insignificant investment. He did not, after all, defy the rule of law. He did everything by the book. Now the town is telling him our fault, your loss. Does that seem fair to anyone?

Lots of planning boards and zoning boards of appeal get sued, but many of them prevail. The ones that lose are the ones that made egregious errors in their rulings. At least on the surface, it looks as though Cape Vincent ought to buckle its seat belt — it could be in for a bumpy ride.

Cape ZBA stands by ruling on turbine

Cape ZBA stands by ruling on turbine

By JAEGUN LEE
TIMES STAFF WRITER
TUESDAY, SEPTEMBER 15, 2009

CAPE VINCENT — The town's Zoning Board of Appeals is standing by its decision that Roger D. Alexander's 92-foot-tall personal wind turbine is illegal.

At a ZBA meeting Monday, Chairman Edward P. Bender said Mr. Alexander does not have to take his wind turbine down immediately. It's up to the Town Council to make that decision, he said.

If the town board upholds the ZBA's decision at its Oct. 8 meeting, the town's zoning enforcement officer will notify Mr. Alexander of his violation by mail, giving him 14 days to take down the turbine.

After a public hearing on the issue, The ZBA voted unanimously to treat residential wind turbines as an accessory structure. Section 585 of the zoning law, which deals with such structures on individual lots, limits their height to 35 feet.


The turbine was constructed after permits were issued by the town's zoning enforcement officer, Alan N. Wood, in May. The permit was renewed in July. Mr. Alexander, owner of the Lazy Acres Mobile Home Park, said he erected a personal wind turbine next to his residence on County Route 7 to reduce his utility bill.

"The permit was improperly issued," Mr. Bender said Monday.

After the tower went up, a neighbor, Mary C. Grogan, filed a complaint with the ZBA.

"When I come up here next spring, I don't want to see it there," Mrs. Grogan said.

Albert J. Gibbs, who also lives next to Mr. Alexander, said Monday that he was upset Mr. Alexander never notified his neighbors about the turbine. Mr. Gibbs said he has Meniere's disease and argued the noise from the turbine would cause him to lose balance. Meniere's disease is an inner-ear disorder that causes dizziness, tinnitus and hearing loss.

David B. Guertsen, Mr. Alexander's attorney, said Mr. Alexander's neighbors had plenty of time to complain before the turbine was erected as his client completed the foundation for the tower last September. Mr. Guertsen said his client spent $80,000 to erect the turbine and the ZBA should uphold Mr. Wood's decision to issue the permit.

Mr. Wood said he issued the permits because he was told, by both the zoning and planning boards, there were no setback and height rules for residential wind turbines in the zoning ordinance.

Maple Ridge tax loss a warning for Cape ~ Letter to the editor

Watertown Daily Times | Maple Ridge tax loss a warning for Cape

MONDAY, SEPTEMBER 14, 2009


I am a year-round resident of Cape Vincent and have attended meetings, researched windmills and their placement and health issues. There are so many issues that can and will affect our community and any other community with windmills on their agenda.

I recently read about Lewis County's loss of income from the Maple Ridge Wind Farm because of the loss of their Empire Zone certification. This is something of great importance to any community that is considering wind farms. When monies come into a community, budgets are set up and the spending begins. Projects are started, and the community depends on the yearly income from the wind farms to meet the demand of new expenses and projects.

Now Lewis County has to make up a loss of income,and that can be made up one way, and one way only, taxpayers. Businesses and homes will have to share the burden of the loss.There is no one else to turn to. Can this happen in other towns with wind farms? You bet it can.


We as a community, with our leaders, need to stand back and take a hard look at the fate of Lewis County. We need to protect the future of our community. We need to protect our investments. We need to do what is right for the entire community of Cape Vincent, not the wind farm companies or their investors, but the people throughout our area who will have to live with health issues, noise, declining property values and the horrible sight of these 450-foot spinning windmills throughout the community.

Add to it the loss of promised and expected income like Lewis County and that spells disaster.

Mariana Reinhart

Cape Vincent

Town of Cape Vincent sets rules for public at meetings

Watertown Daily Times | Town of Cape Vincent sets rules for public at meetings

MONDAY, SEPTEMBER 14, 2009

CAPE VINCENT — The Town Council will limit public speech to five minutes per person and set rules for public participation at council meetings.

According to the new guidelines, the public will be given 30 minutes to speak at the beginning of each council meeting. Speakers must state their name, address and organization before making a comment.

Town Supervisor Thomas K. Rienbeck said the town always has allowed the public to ask questions and make comments at any time during its meetings although the board is not required to do so. He said the town decided to implement the new guidelines to facilitate orderly participation.

Written comments also may be submitted to the Town Council before meetings.

Henderson eyes total wind farm ban

Henderson eyes total wind farm ban

VOTE IS 4-1: Town Council instructs law firm to draft turbine law
By SARAH HAASE
TIMES STAFF WRITER
THURSDAY, SEPTEMBER 9, 2010


HENDERSON — The Town Council made Henderson the first municipality in the north country that could enact a ban on commercial wind farms.

At its meeting Wednesday, the council voted 4-1 to allow the law firm Hancock & Estabrook LLP, Syracuse, to write a law that would ban all commercial wind development in the town.

Members of the council and the citizens wind committee met with lawyers who said the town already is effectively restricting wind turbine development on more than 90 percent of the land in the town, Supervisor Raymond A. Walker said.

"Based on what the citizens wind committee has already come up with, it's a good idea to not allow wind energy in the town," he said.


Councilman Frank W. Ross voted against the motion. He said he did not have enough time to read the two-page letter from the law firm that was distributed before the meeting.

Councilwoman Torre J. Parker-Lane pushed the issue with help from more than 30 community members, some of whom requested a board member read the letter out loud. She said the board needs to act on allowing the firm to draw up a law before summer residents leave and do not have an opportunity to attend the public hearing.

"If we're going to put off this discussion, then I would like us to set up a date for a special meeting," she said. "I really don't want to put this off any longer. If we did the law according to what we have, it could leave us open. They suggested we do a complete ban on wind towers."

Ms. Parker-Lane made the motion and she, Mr. Walker, Councilwoman Carol A. Hall and Councilman Steven C. Cote voted in favor.

During the meeting with the law firm, Mr. Walker said, the town also was asked whether it wanted to reserve the right to appeal the state Supreme Court's dismissal of the town's Article 78 proceeding.

In February, the town brought legal action against the town of Hounsfield, asking a judge to annul the Hounsfield Planning Board's site plan approval for the proposed Galloo Island Wind Farm. Henderson filed a state Supreme Court Article 78 proceeding against Hounsfield, the state Department of Environmental Conservation and Upstate NY Power.

On Aug. 18, Judge Joseph D. McGuire denied Henderson's request, ruling in part that the town did not have standing to file an action.

The council voted 4-1, with Mr. Walker, Ms. Parker-Lane, Ms. Hall and Mr. Cote voting yes and Mr. Ross opposed, to reserve that right.

"We're not doing anything yet, just keeping the option open," Ms. Parker-Lane said.

The board is not moving forward with the formal appeal, but will have the option to do so several months down the road if it needs to, Mr. Walker said.

Despite concerns, windmills are beneficial~ Letter to the editor

Watertown Daily Times | Despite concerns, windmills are beneficial

TUESDAY, SEPTEMBER 7, 2010


I am often amused with what some people in Cape Vincent say or write about windmills. Early on they were described as poorly engineered and accident prone. Pieces of ice were cast off them like high-speed projectiles. Many were reported to catch fire and break up, crushing spectators. Birds, bats and low-flying airplanes were put in danger by the huge rotating blades. Reflection caused blindness, and the sound windmills emitted caused vertigo and ringing ears. The criticism made one feel that a new weapon of mass destruction had been invented, not a means for generating electricity cleanly.

As the debate or battle proceeded and many of the objections proved to be weak indeed, the focus became location. Obviously, this consideration is meritorious as ill-placed windmills could be more than disconcerting. If one were placed on a road, say Route 12E, accidents could happen.

Moving on, we find that the way they are going to be placed profits some of our town board members. Were these deals made to ensure board members' cooperation? Smells like collusion. Is this greed or is this just progress? After all, windmills will also help to lessen our dependence on foreign oil; besides, without some shady deals, not much seems to get done in this country.

What is most important, it seems to me, is that windmills are a step in the right direction, particularly, if one is concerned that clean air will benefit our progeny. Carbon-based fuels are polluting the air we breathe, our oceans and our lands.


There are those who feel that windmills don't belong in Cape Vincent because of the economic reasons. Some people prophesy that our land values will fall. If one preaches that often enough, they will.

Those who claim they are aesthetically displeasing are actually blind to telephone poles and wires, stoplights and ramshackle buildings and homes, and land stripped of trees and covered with blacktop; behold a 40-acre parking lot.

It has been said, "Beauty is in the eye of the beholder." I've noticed people visiting Cape Vincent to view the windmills on Wolfe Island: a new tourist attraction for Cape Vincent. Who'd of thunk it?

Robert Cardarelli

Cape Vincent

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

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.

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.

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.

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.
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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.



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