Do ya, feel lucky? Well, do ya, punk?

    BP wind energy's project Director of Development Richard Chandler  sent a letter to the Town of Cape Vincent June 27, 2012 concerning Cape Vincent proposed zoning law.

 Chandler wrote that BP has been “engaged” with the Town and members of its community for many years.The town has already evaluated potential impacts from the Cape Vincent and St. Lawrence Wind Farm projects and made favorable findings. Under Board members with conflicts of interest that signed loyalty clauses.

 At this point BP has two choices as to how they can proceed.
They can continue to "work closely” with our community, implementing their plan of attack until they feel they have sufficiently neutralized the opposition, or until they feel they have exhausted all other options and then proceed under article 10.
It all depends how lucky they feel.
 Once they go to an article 10 process the fate of their project is out of their hands and there is no turning back …


Below is a reproduction of  Chandler's letter .

June 27, 2012

Via Electronic Delivery

Town of Cape Vincent
P. O. Box 680
Cape Vincent, N Y 13618
Re: Proposed Amendment – 2012 of Town Of Cape Vincent Zoning Law

On June 5, 2012 the town of Cape Vincent (“ Town") issued Proposed Amendment – 2012 to the
Town of Cape Vincent Zoning Law (" Proposed Zoning Law"). 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 and St. Lawrence Wind Farm projects and
made favorable findings. The requirements of the Proposed Zoning Law, however, are
inconsistent with these findings. The requirements, setback provisions, exclusion areas, and noise
standards contained within the Proposed Zoning Law are highly restrictive and should be
substantiated by realistic and credible studies, consistent with other operational wind projects, and
in line with industry standards.

As you know, the developers of the Cape Vincent Wind Farm and St. Lawrence Wind Farm
Projects (combined" the project") have been engaged with the Town and members of its
community for many years. By working closely with the community, BP has been able to make
several changes to and positively shape the Project into one that will provide significant benefits
to the Town and the community and do so in an environmentally responsible manner. Wind
development in the Town will create jobs, increase the demand for local goods and services, and
increase tax revenues to the Town, County, and school district. Land owners will be able to
secure an additional revenue stream while continuing to use their property for agricultural and
recreational uses, a positive benefit during challenging economic times. The Project also will
provide renewable power that is good for the environment.

For parties interested in submitting applications to site wind energy projects in the Town of Cape
Vincent, the provisions contained within the Proposed Zoning Law are unreasonably burdensome
that's in view of existing wind generation technology and/or in view of the needs of/costs to
ratepayers. We respectfully request the town to reconsider the Proposed Zoning Law, taking into
account the above mentioned comments.

~~~~~~~~~~~~~~~

Below are excerpts  from wind leases signed by conflicted board members that may  explain the favorable findings for the development of BP's project that Chandler mentions in his letter.

click here to view BP Wind Lease agreement
click here to view BP Wind  Good Neighbor agreement
click here to view Acciona Wind  lease agreement
~~~~~~~~~~~~~~

Below are the loyalty clauses from BP's & Acciona's wind leases

Cape Vincent Wind Moratorium Expires Friday, September 7, 2012

The moratorium  the town board enacted honored the request of a petition submitted to the Town Board June of 2009 ,signed by almost 800 people asking for a one year moratorium . The intention was to allow the town to update their Comprehensive plan and zoning law and to regulate wind development for the well being and safety of the community.  Both of these goals have been accomplished

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 the 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.


Link here to read the 82 page petition calling for a wind development moratorium

Pimping Wind ~ BP" Style of Community Outreach ~

  Last year around this time, just before the Republican Primary a “Clean Energy” educational forum presented by the New York Wind Education Collaborative, a conglomeration of the Alliance for Clean Energy New York (ACE), Albany and Citizens Campaign for the Environment, the CCCE is an offshoot coalition derived from Marion Trieste’s public education campaign.

Carol E. Murphy, executive director for the Alliance for Clean Energy New York, Albany was quoted in the Watertown times describing the mission of their “educational” forum.

“We came to offer the latest scientific information to people — it’s all out there for people to look at,” “but people won’t believe it if they don’t want to believe it.”

The collaboratives stated goal was to increase the public’s understanding of wind power issues, in the belief that a better-informed public can participate more meaningfully in the environmental review process and other public discussions surrounding proposed wind facilities.

Among other things, the Forum provided an “independent expert " who defended a study supporting the notion that Wind Turbines do not impact property values.
The statement was made by their expert that the review of Cape Vincent’s economic report Re: Wind development impacts by McCann Appraisal, LLC was laughable.

What is laughable is that they would have us believe that their educational forum was independent and unbiased.
~~~
August 26, 2011, I submitted a FOIL request to the Town Clerk of the Town of Cape Vincent for the following.
A copy of the correspondence and transaction information concerning the forum scheduled to be presented at Rec. Park August 30, 2011.
I received a letter in response telling me that the Rec Park facility had been rented by BP

Below is a copy of that letter

BP's Project Developer ~ Richard Chandler's TOP SECRET Development Strategy

BP’s  project manager Richard Chandler  submitted a comment letter to the Public Service Commission informing them that BP Wind Energy is seeking an Article 10 process that will facilitate its development and construction of their Cape Vincent Wind project.
At this point BP’s actions are unpredictable, will they ignore Cape Vincent’s new zoning regulations and seek an article 10 process? Or will they challenge our revised zoning law?


Lady Grace  recently discovered Richard Chandler's  Top Secret  development strategy for BP's Cape Vincent Wind Farm

IS BP ANTI - MILITARY?

I found an interesting paragraph in BP's SDEIS . Their rational as to why their project would be good for our community.

BP’s SDEIS

2.10.1.2 Permanent Impacts

Jefferson County is currently experiencing substantial growth in human population and housing developments, as evidenced by population and housing growth estimates in Fort Drum, where the number of soldiers, spouses, and other personnel moving to the Fort Drum area is projected to increase by nearly18,000 people between 2004 and 2013.
To accommodate this population growth, the Department of Defense estimated in 2005 that an additional 2,000 homes would need to be built off of the Fort Drum base over the coming years.

Due to these and other development pressures, in the event that the Project is not constructed, the current population and development growth trends will probably result in the loss of current and traditional land uses for the area. This would result in fewer undeveloped open spaces and lower human density conditions. The Project, once constructed, will likely preclude additional housing developments and will result in less fragmented conditions when compared to future scenarios without the development of the Project.

My interpretation of what they are saying

Our project is good because if developed it will preclude military families from building homes in Cape Vincent , thus preventing the fragmentation and loss of farmland as well as preventing lowered living conditions caused by an increase in population.

This is absolutely unbelievable!


Link to SDEIS

I pledge allegiance to...

 Photo credit: Syracuse.com

Link here to original story ~Syracuse-area lawmakers who are seeking re-election played key roles in 2009 Senate coup ~ 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 
~~~~~~~~~~~~~~~~~~

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.

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

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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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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