Friday, August 31, 2012

I pledge allegiance to...

 Photo credit: Syracuse.com

The photo above shows the NYS Senate begining a session with the Pledge of Allegiance  June 23,2009 Senator Darrel Aubertine (circled in white) along with other Democrats sat through the Pledge ,showing disrepct to the flag of the United States of America.


Darrel Aubertine has a history of ethical lapses. In the letter below (then assemblyman) Aubertine advises the Cape Vincent Town Board Re: conflicted board members voting on wind issues.

June 15, 2006
Cape Vincent town board members
P.O. Box 680
Cape Vincent, NY 13618
Re: abstaining from voting on the location
on wind turbines in Cape Vincent

ladies and gentlemen:
I regret that I was unable to attend the public hearing held on June 3 at which time the above referenced subject was discussed and I appreciate the opportunity to share my thoughts with you now.
Specifically, I would like to comment about the issue of whether a board member should abstain from voting on the issue. As elected representatives, we are responsible to make decisions for the benefit of our constituents and community. This project, which affects thousands of acres in dozens property owners, has the potential to positively affect every resident. Whether through a reduced property tax rate for new economic opportunities. Messrs Wood and Mason will certainly not be the sole beneficiaries should this project move forward.
While some may feel that these elected officials should abstain from voting on this matter I believe is that they should not. If they are restrained from voting in this instance, then shouldn't the community decide now that the guiding principles will be for future absent nation in different matters and with different representatives? I. E. Voting a tax rate that affects their personal property.
Healthy and positive discourse is mandatory in a democracy; however, governing by referendum is unwise. After careful reflection, I feel that it is ethically proper fit in this case all board members should vote on the issue at hand. In fact I believe it is their responsibility to do so.

Sincerely
Darrel Aubertine

 Link to original 
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Friday, August 24, 2012

BP's Dirty Path to Clean Energy in Cape Vincent

BP’s Cape Vincent Wind’s development manager wrote a letter to the Town of Cape Vincent and the Article 10 siting board. Each letter had the same theme.

Chandler: BP Wind Energy has already been engaged with the local community for years on the Cape Vincent Wind Farm project and such work should not be ignored.
Additionally Chandler added: the proposed Zoning Law would effectively prohibit wind generation from being sited within the Town. The Town has already evaluated potential impacts from the Cape Vincent St. Lawrence wind farm projects and made favorable findings.

The favorable findings that BP’s Chandler speaks of resulted from BP and Acciona tampering with the Local Legislative Process.

In 2006 both BP Energy and Acciona Energia began the permitting process for two proposed industrial wind projects in Cape Vincent. At the time we had no provision in our zoning law to regulate or guide wind development. After two aborted attempts at drafting a wind law by previous town lawmakers, a committee convened in 2010 for a third try. The committee consisted of a representative and leader of a local wind leaseholder group as well as wind lease holding town officials.
At the February 5 and 6, 2010 meetings, with the assistance of the Town's consulting acoustical engineers, Cavanaugh Tocci Associates, Sudbury, MA, the noise section of the draft wind law was completed . It followed the NYSDEC guideline that no new noise source can exceed background sound by more than 6 dBA, but it also included details for measuring background sound and compliance testing that is missing in the NYSDEC policy.

Contrary to BP's assertion, they did NOT support development of our wind ordinance.
 The wind law committee had reached a consensus at the February 2010 meeting but through the efforts of BP and their leaseholders that agreement was sabotaged.

Shortly after the May 2 wind law meeting began Beth White, committee member and spokesperson for the leaseholder group, suggested picking 50 dBA for a noise limit rather than what the committee had agreed to at the previous meeting. At this point she began discussing economic impacts. White explained that a 50 dBA noise limit would have financial benefits to the community. White presented a spread sheet containing facts and figures to support her claim.
Bottom line a less protective wind law would mean bigger money for the community and lease holders. The lease holding committee members agreed with White blindsiding the other committee members.

May 5, 2010 Three days after this travesty of a meeting, BP’s Business developer, Jim Madden sent a letter to the Cape Vincent Town Board containing data prepared by BP; coincidentally it was the same spread sheet with the same data that White had claimed as her own.

Madden: “The Town of Cape Vincent has been working on developing a wind ordinance for almost two years now. Through this time, BP Wind has supported the development of a wind ordinance so that expectations for siting, construction and operations of wind farms can be clearly established and uniformly enforced. However, despite recent efforts, it appears that a wind ordinance will not be implemented this year, largely due to a lack of agreement on noise limits.”

Additionally Madden wrote “As the limits are tightened, there will be a reduction in the number of turbines and reduction in economic benefits.”

Comparing Madden’s data to that presented by White at the committee meeting, it is clear that she was acting as an agent for BP to thwart the efforts of the committee.

This is only one example of how “BP Wind Energy has been engaged with the local community for years on the Cape Vincent Wind Farm project.”

BP’s Noise Consultant Misrepresented Background Sound: Hessler Associates, Haymarket, VA was retained by BP Wind Energy to complete summertime, background sound study within the project boundaries of BP's Cape Vincent wind power project.
Because there were concerns early on among local citizens that the developer’s noise report was misleading, the Wind Power Ethics Group (WPEG) contracted Dr. Paul Schomer, of Schomer and Associates, Inc., Champagne, IL, to conduct an independent study and review of BP/ Hessler's report.

Schomer's report uncovered a number of questionable practices. One sound level meter was less than 100 ft. from a marshaling yard for heavy construction equipment being  used for a water line project.

Hessler suggested  this site is typical for residences along Rte. 12E .
Additionally, Hessler claimed that insect noise,  elevated background sound levels and would provide a natural making noise that, would minimize wind turbine noise impacts.

Schomer, however, disagreed: The presence of insect noise does nothing to mitigate the wind turbine noise; the measurement of insect noise only masks and obfuscates the truth.”

Schomer concluded by stating, ““Hessler’s BP study for the Cape Vincent Wind Power Facility appears to have selected the noisiest sites, the noisiest time of year, and the noisiest positions at each measurement site. Collectively, these choices resulted in a substantial overestimate of the A-weighted ambient sound level, 45-50 dB according to Hessler.”
 In contrast Schomer found background sound levels were 30 dBA averaged for night-time, daytime and evening. Night-time levels in Cape Vincent averaged 25dBA

BP’s sordid history in Cape Vincent began with their signing many of our town officials and their families to wind leases and good neighbor agreements, knowing this would create blatant conflicts of interest.
 This is a violation of the town’s ethics code and NY State law.
BP’ has stated lofty intentions with their Cape Vincent Wind development however the facts speak for themselves.

BP has left a profound mark on our community, tearing apart families, friendships, and ripping the fabric of our community to shreds.

Wednesday, August 22, 2012

BP intends to make their mark on our community


The turbine array plan and boundary maps shown above are from the  Environmental Resource Management  (ERM) website .
ERM is hosting BP's Cape Vincent Wind project details.

Note these maps have not been updated to include any of the turbines from the St. Lawrence wind project...

 The map below gives a better idea of what BP's project will actually look like


Monday, August 20, 2012

BP buy's land for Lyme substation From Acciona

 The article below appeared in the Watertown Times announcing Acciona's land purchase for the proposed substation that would accomodate their  St. Lawrence Wind Project slated for Cape Vincent.

Watertown Daily Times reported 5/19/2010

~ Link to original
Chaumont land purchased for wind transmission line

CHAUMONT -- Acciona Wind Energy USA, the developer of the proposed 53-turbine St. Lawrence Wind Farm in Cape Vincent, has purchased 102 acres of farmland along Old Town Springs Road and Cheever Road from H. George VanAlstyne, Chaumont, for $180,000, according to property transactions recorded May 10 at the Jefferson County clerk's office.
Acciona wants to run a 9-mile, 115-kilovolt transmission line that would connect the wind farm's substation on Swamp Road, Cape Vincent, to a National Grid substation on County Route 179 in Lyme


Jefferson county Image Mate highlights parcel # 61.07-1-13.
 

 BP wind energy purchased Acciona's rights to the St. Lawrence Wind project, and  the land  where the proposed substation is to be built. The documents concerning the sale of this land to BP are below



A deed with covenants against grantor's acts.
 The covenant against grantor's acts means that the seller is promising that he has done nothing during his ownership of the property to encumber title, except as specifically noted in the deed.
The document below is a deed for property located on Route 179 , Acciona purchased parcel
# 61.08-1-16 , as well as parcel # 61.07-1-13.
Parcel (# 61.07-1-13) was purchased for their substation.



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Sunday, August 19, 2012

What did Darrel Aubertine Consent to ?



Why was the New York State Commissioner of Agriculture and Markets listed as completing a 'Consent' in June 2012 during a time when there was a moratorium on wind development in the Town of Cape Vincent?

Consent
The deed of consent listed in the recorded deeds concerns a parcel of land owned by Darrel Aubertine. The consent recognizes that a particular parcel of land owned by Aubertine is subject to a wind energy lease with St. Lawrence and a portion of the same parcel is also part of a proposed conservation easement under the USDA wetlands reserve program.
In this particular case the leaseholder agrees that no wind power facilities or transmission facilities (both as defined in the lease) will be located in the WRP easement area etc...

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Friday, August 17, 2012

COMMUNITY ACCEPTANCE OF WIND

IN LITTLE APPALACHIA

TRIESTE ASSOCIATES,INC

COMMUNITY ACCEPTANCE OF WIND WEBINAR
July 2, 2009
Recently a friend sent me a link to a webinar

The featured speaker on this webinar  was none other than Marion Trieste
wind facilitator and wind opposition buster.

Trieste works for top tier industrial wind companies such as BP and typically she is brought in to industrial wind targeted communities where the proposed development has become controversial. Trieste has a formula for making a project work for the developer. “Grassroots organization”


Trieste tells developers,

“we really have to invest in the public”. “you’re only going to increase your odds of success if you're investing in our host communities.”

In 2008 British Petroleum hired  Trieste to do "outreach work” and this is when and why she established Voters For Wind (VFW).

Trieste talks about her favorite group Voters for Wind, saying,
“they actually established themselves two years ago.
 “And I worked with them with a BP wind power project here.” “BP was - is the developer that I'm - I've been working with here.”
“it’s all - it's all about the messenger, right.”
 These groups work well because the developer may be seen as having other goals in mind such as profit
Trieste Creates a pro - wind coalition or network by holding small private gatherings with landowners, that are not open to the public , arming landowners with generic information about the development process ,crafted to debunk the myths about Property values. Birds, Sound etc.
At these gatherings they formulate their mission to go out and educate
people and to get them to show their support for the proposed wind development.

They promote the notion that they have altruistic motives in their desire to push a
developers project  and not because they are gaining financially from it;

“it just warms my heart to watch what's - what evolves with connecting people to each other in a community.”

Trieste tells the developers, to distance themselves, so they don’t taint the process,
people may think they are being used by the wind developers.

“At GEOS we call ourselves like a little buffer between the wind farm developer who's our client and those on the ground who are basically those most impacted in the local communities.”
“So we can do a lot more good out there if we are seen as independent and are and acting as independent individual grassroots organizations.”

Additionally Trieste stressed the importance of the economics of wind. Money is a method used to promote the project as well. “Money talks” this is where the host benefit packages come into play as she characterized our area as little Appalachia.

Trieste used the webinar as an opportunity to engage in exploitation of community division describing the typical industrial wind opponents, as
wealthy short term summer residents, retired Wall Street attorney types from
New Jersey and New York City that do not care about the community, jobs or
taxes.
“they just care about their viewshed”

In contrast to the characterization of the Anti- wind Trieste describes the pro wind, as the downtrodden silent majority, farmers struggling to survive .People who are invested in the community and have been invested in the land for generations and now their grandkids are never going to be able to live here because there’s nothing for them .
“they get it.”
Additionally, Trieste would like to educate our children about industrial wind as well.


“I can't emphasize enough that we need to be more and more in our schools.to get young people involved, Let's go and let's shame the older generation into doing this.”

Recently I submitted a foil request and discovered that Trieste and associates had requested a copy of the Town of Cape Vincent 2012 budget.
Is Trieste preparing a host benefit package for

“little Appalachia”



Link here to the US DEPARTMENT of ENERGY website and Trieste's ~ transcript & webcast

Tuesday, August 14, 2012

BP/ Cape Vincent Wind leaseholder list

Note these names came from the Jefferson County Clerks computer database using the search phrase Cape Vincent Wind. My partner in crime and I did searches using different key word phrases. As a result additional lists of people with lease agreements will be posted very soon.

The wind moratorium was enacted Feb 7th
The dates on these documents range between March 16, 2012 and July 12, 2012. The bill of sale I posted yesterday had an effective date of Feb. 8th and the Assumption and Assignment Agreement had an effective date of March 1, 2012.
All within the parameters of the wind moratorium.

I do not know if they are in violation of the wind moratorium.



Notice of moratorium.




Article 1. – Statement of Authority.

The town for the town of Cape Vincent, pursuant to the authority granted it under article 60 of Town law and sections 10 and 20 of the municipal law of the state of New York, hereby enact as follows:

Article 2. – Statement of Purpose and Findings.

The town board of the town of Cape Vincent has been made aware of interests in wind power generating facilities desiring to locate in the town of Cape Vincent. At the same time, the town board is aware that their are many concerns and questions about the establishment of wind power in generating facilities being located in the town. Currently, the town of Cape Vincent code does not contain provisions for regulation of such facilities. It is the purpose of this local law to enact a moratorium work. Through September 7, 2012 for applications or proceedings of applications for wind power generating facilities to allow the town board to consider and implement sufficient regulations that address the development and maintenance of wind power generating facilities.

Article 3. – Enactment.
The town board the town of Cape Vincent does hereby enact as follows:

Section 1. Definitions.

When generating facilities: those facilities which generate original power to be used on-site or to be transferred to the transmission system for distribution to customers or third party utility companies. The definition of wind power generating facility shall include individual wind power generating facilities, directed and used for private use. It shall also include accessory facilities such as transmission lines, access roads, meteorological towers and other related facilities, whether the primary when generating facilities are located within or outside of the town of Cape Vincent.

Section 2.
Commencing with the effective date of this local law and for the. Through September 7, 2012, no person shall be allowed to permit or site or locate a wind power generating facility is defined in this law within the town of Cape Vincent.

Article 4. – Severability.

If any part of this chapter shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provisions of this chapter.

Article 5. – Effective date.

This local law shall take effect immediately upon filing with the Secretary of State.

Wednesday, August 8, 2012

Lyme to vote on wind law Saturday following a public hearing

CHAUMONT — The town will give the public one last opportunity Saturday to comment on its new wind law before voting on the proposed changes that would practically ban wind farms in Lyme.
The draft law argues commercial turbines “eliminate the opportunity to enjoy the quiet surroundings that are characteristic of the region” and can “adversely affect the value of surrounding, non-participating properties.”

To read entire story link here to the Watertown Times

Sunday, August 5, 2012

BP ~ Sees Cape Vincent as Vehicle for Cuomo's energy Highway

BP submitted their  Cape Vincent Wind Project as a proposal to Cuomo's Energy Highway Initiative. If you read BP’s proposal you will see the same language contained in BP’s Article 10 comment letter to the Public Service


Click link below to read entire proposal

http://www.scribd.com/doc/101931266/BP-Cape-Project-Proposal-to-NYPA-May-2012

Thursday, August 2, 2012

A protest petition signed by Land owners that oppose the updated zoning law

August 1, 2012 The Cape Vincent Town Board  held a public meeting to adopt the newly updated Comprehensive Plan and zoning law. At the end of this meting a protest petition signed by Land owners that opposing  the updated zoning law