CAPE VINCENT 2011 A Windy Year in Review

January 13, 2011 : The Town Board meeting marked the beginning of a tumultuous year for Cape Vincent and wind development. Acciona, Voters for Wind and Town Board Members, Marty Mason, Donny Mason & Mickey Orvis formed an alliance , calling for an investigation in retaliation for Urban Hirschey’s release of FOILED documents that exposed Acciona’s sound study as fraudulent. Additionally, EX Supervisor Reinbeck called for Hirschey’s immediate dismissal. Their plan backfired, bringing attention to the content of Acciona’s fraudulent sound study. The Attorney General dismissed their request to investigate.

February 9: Even though the Planning Board meeting was canceled, BP’s SDEIS was submitted to the planning board behind closed doors somewhere around Feb. 10, 2011. By chance, a citizen discovered the existence of the documents in the Lyme Library, however the board had not formally accepted it. BP’s former senior project manager, Jim Madden, said in a newspaper interview that he expected the SDEIS to be accepted by the end of March.

February 10: At the Town Board meeting Supervisor Hirschey proposed that a community wide Zogby survey be conducted to gain a better understanding of what direction to lead the community. Additionally, Supervisor Hirschey Called for a resolution for a property Valuation Assurance Policy as a condition for the Town Planning Board's approval of Cape Vincent’s wind turbine site plan applications. Marty Mason said, "I'd like to table it for a moment.” In addition, Donny Mason said, "I agree with Marty." In anticipation of the ZOGBY poll’s results Voters for wind conducted their own scientific telephone poll, the results of which were never made public.

March 16: Michael G. Sterthous, from Whiteman Osterman and Hanna,(WOH) sent a letter to BP advising them that the Cape Vincent’s Planning Board review of their project is “ongoing” and that comments on the status of the completeness of the SDEIS will be delivered to BP Wind Energy‘s technical consultants over the coming months and ultimately lead to iteration of the document.

March 22: Jim Madden, BP’s project developer, left Bp for an opportunity with a smaller company . Madden had been with the Cape Vincent wind project from its inception under Greenlight Energy. At the same time, Todd Mathis departed from Whiteman Osterman & Hanna this left questions concerning the nonexistent documentation regarding expenditures from the Developers escrow accounts (Over 100,000 was billed by the lawyers and engineering company on the SEQRA process.) Supervisor Hirschey is still waiting for WOH to fulfill their promise of sending the accounting records or the minutes that Todd Mathis kept.

March 23: The PB meeting was cancelled. Planning Board members were to consider the supplemental draft environmental impact statement for British Petroleum's Cape Vincent industrial wind complex at this meeting.

May 30: The results of the Zogby poll were published. The poll revealed that Sixty three percent of those surveyed were seasonal, the feelings of those who opposed wind development were becoming stronger and dissatisfaction with the board’s actions concerning wind development was high. Additionally, fifty-nine percent of those surveyed wanted a moratorium on wind development.

June 3: Urban Hirschey, John Byrne and Clif Schneider committed to run as Republicans for positions as Supervisor and Councilmen on Cape Vincent's Town Board. The three candidates released a final unified position statement outlining issues and actions they collectively would undertake if they were successful in the upcoming election one of which was a moratorium on wind development.

June 8: At the Planning Board meeting BP’s new project manager, Peter Gross, was introduced to the community. This was the first meeting that Voters for Wind (VFW) attended without wearing their green shirts. It was at this meeting that Mr. Gross mentioned that BP might be using larger 3-megawatt turbines, thus requiring a smaller number of turbines in the array plan.

June 11: Marked the beginning of the voter registration drive.

June 27: The results of the McCann Appraisal were in and it indicated those homes within 2miles of wind turbines would suffer a 40 % decrease in value.

June 29: Voter for Wind and leaseholder Harvey White announced that he would be challenging Supervisor Hirschey in the republican primary.

June 30: Planning Board Chairman Richard Edsall abruptly resigned without explanation. Additionally, he did not leave behind any records of the planning boards activities.

July:5 McCarthy resigned as well without explanation.

July 6: Reinbeck followed suit telling the media he was leaving due to harassment and threats over the wind power controversy. These resignations left the planning board without a quorum.

July 6: In light of all the negativity, surrounding their project Acciona issued a press release which was a public relations move to introduce a newly prepared brochure extolling the virtues of their proposed wind development, Additionally,
the Watertown Times did a story giving Acciona’s Wind project a positive spin.

August 2: British Petroleum’s project manager Peter Gross sent a letter to planning Board member Richard MacSherry explaining that they were anxiously awaiting the anticipated comments from the Planning Board on their Cape Wind SDEIS. Additionally, Gross stated that BP would like to advance their project in a timely, efficient manner. Mr. Gross also requested that the Planning Board schedule a review of the SDEIS by the Planning Board and asked for a schedule.

August 4: Article X is signed into law making siting of large power plants a state-run process.

August 8: Planning Board member Richard MacSherry sent a letter to Mr. Peter Gross, Project manager Bp Wind Energy, telling Mr. Gross “I have no knowledge of any dialogue that Mr. Edsall could have possibly had with Whiteman Osterman and Hanna, which would have led
them to indicate that any review was active and that comments regarding the SDEIS would be forthcoming under any period.” Additionally, Mr. MacSherry stated that, “The primary obstacles which I (as the board's acting chair ) face are: 1.) the time it will take for the Town Board to fill Planning Board vacancies, 2.) a reasonable period for all members to become familiar with BP draft and supplemental EIS documents
and 3.) an opportunity for the Planning Board to meet with our consultants to share and compare our findings. I have spoken with the Town Supervisor, Mr. Hirschey, and he is aware of the situation. At this juncture, I cannot speculate as to when all of the above-mentioned matters will be concluded: I will commit only to keeping you informed as to our progress.”

August 5:Voters for Wind devised a plan to prevent the seasonal population from voting. They would become champions against Voter Fraud. Their scheme began with a petition asking the Town Board to take action to stop the illegal, unethical and immoral voting methods that
were being used to manipulate the outcome of the election.

August 12: Harold Wiley presented a 200-signature petition to the Board Donny Mason who was prepared in advance with a resolution to stop voter fraud by requiring voters to show a current New York state driver's license with a Cape Vincent address to prove residency. Donny Mason, Marty Mason and Mickey Orvis all voted in favor and the resolution carried.

August 16: at a press conference in Watertown, the Attorney General dismissed the Mason law as unconstitutional.

August 18: Supervisor Hirschey took action to repeal the Mason’s illegal law. Donny and Marty Mason voted against rescinding their unconstitutional law while Mickey Orvis voted in favor of repealing the voter fraud law citing concern for the community. The resolution to rescind passed. Additionally, Orvis had prepared his own resolution proposing that the Town Board actively solicit the State to take over the development process under the statutes of Article 10. Orvis discovered prior to the board meeting that this was something that is not within the scope of the Town Board’s authority, however he read his resolution any way. Moreover, he said it would resolve the conflicts before the election.

AUGUST 25: Attorney General Eric T. Schneiderman announced the indictment and arrest of Jeri Mason, the former Town Clerk, who was charged with stealing up to $50,000 from the Town of Cape Vincent.

Sept 1: As the Republican primary drew near ,BP arranged to have a group of pseudo scientists, (New York Wind Education Collaborative, a conglomeration of the Alliance for Clean Energy New York, Albany; Citizens Campaign for the Environment and Climate Center at Pace Law School,
Westchester.) Carol Murphy & Marion Trieste were center stage touting the virtues of wind development for our community.

Sept 13: MetalCraft Marine announced that they were opening a new design and manufacturing facility in Cape Vincent.

Sept 13: Supervisor Hirschey won the republican primary, 277 votes to 99 for challenger, wind leaseholder Harvey White.

Sept 19: Harold Wiley chair of the Cape Vincent Democrat party in Cape Vincent
was too preoccupied circulating petitions and assisting the Mason’s with their illegal Jim Crow resolution that he dropped the ball and failed to meet the filing date requirements for the Democrat Caucus. Consequently, there was no Democrat line on the Ballot.

October 13: Harold C. Wiley, Chairman Cape Vincent Democratic Party, teamed up with Gary King ,Chairman of a new group (Citizens for Fair Government). Their next tactic appeared to be intimidation or exacting retribution against those people that had either registered to vote in Cape Vincent or changed their primary residence in order to vote in Cape Vincent. Harold Wiley and Gary King collected a hit list of names of each new voter in Cape Vincent and sent letters to the assessors of those communities where these residents own another home. Alerting the
assessor that these people have registered to vote, the letter stated, “We provide you with this information in the event that there are implications for your community's implementation of the STAR program.”

October 17: The Citizens for Fair Government conducted another letter, writing campaign. They wrote letters to all the newly registered, unethical and immoral, voters in Cape Vincent asking them to consider voting for the very men that wanted to take their voting rights away.

October 19: Gusty winds prevailed and suddenly the safety of personal wind turbines became an issue when Rodger Alexander’s personal turbine was visibly broken and was spinning wildly out of control. Eventually it ceased spinning and it was reported that it was
a test.
November 8: The elections arrive and Hirschey, Byrne, Schneider & Knuth win their respective positions.

November 29: Former Cape Vincent Town Clerk, Jerry Mason, admitted in court that she took nearly $15,000 from the town while working there. Sentencing was scheduled for January 20, where she is expected to pay full restitution and will be sentenced to five years’ probation. If she fails to pay restitution, she will be ordered to serve six months in jail in addition to the five-year probation.

December 8: Marked the last Town Board meeting for Town Board members Donny and Marty Mason.

December 21: Attorney General Eric T. Schneiderman requested that the state’s 932 towns send his office their codes of ethics, a major point of contention in towns including Cape Vincent.

December 24: The Watertown Times began a series of stories devoid of in-depth reporting and factual content, fanning the flames of controversy over Cape Vincent’s election process and ethics problems.

BP used their surrogate organization Voters For Wind to thwart efforts to craft a wind law.

 May 2010~   Voters for Wind were successful in derailing Cape Vincent’s efforts to enact a wind law. 

Cape Vincent has made several unsuccessful attempts to develop a zoning law to properly address the siting of industrial wind towers.

A committee convened in 2010 and over the course of the process they had reached a consensus on a wind law.  However through the efforts of wind lease holders and a Voter for Wind spokesperson, that agreement was sabotaged.

 A wind lease holder and Voter for Wind spokesperson introduced a spread sheet and data containing facts and figures to support a less restrictive developer friendly wind law .The lease holding committee members agreed with the VFW spokesperson consequently subverting the process. 

  Three days after this last wind law committee meeting, BP’s business developer, Jim Madden sent a letter to the Cape Vincent Town Board containing the exact same data that the Voter for Wind spokesperson had presented to the wind law committee as her own. .  

 DOCUMENTS SUBMITTED  to the TOWN of CAPE VINCENT, 
by BP PROJECT DEVELOPER, JIM MADDEN

Developers push for wind farm rules

On Dec. 4, BP Alternative Energy representatives told the board of the Jefferson County Industrial Development Agency that the town's process has already lengthened the time it will take to plan for their project by delaying some studies.

By NANCY MADSEN

TIMES STAFF WRITER

SUNDAY, DECEMBER 21, 2008

CAPE VINCENT — Both developers of wind farms in the town have asked for a quick conclusion to the wind law committee's work.

After the committee met Thursday afternoon, representatives from Acciona talked to Supervisor Thomas K. Rienbeck. He said Friday that they expressed concern about the time frame remaining on the development of a zoning law that will govern turbine siting.

Acciona is developing the St. Lawrence Wind Farm in the northern part of the agricultural district.

Continue reading via this link to the Watertown Times

BP asks the JCIDA to hurry uniform wind PILOTs

  BP Cape Vincent Wind Farm developer asked for speed from the Jefferson County Industrial Development Agency on creating a uniform tax-exempt policy.

By NANCY MADSEN
TIMES STAFF WRITER
FRIDAY, DECEMBER 5, 2008

A local wind power developer asked for speed from the Jefferson County Industrial Development Agency on creating a uniform tax-exempt policy.

"The need for a uniform policy is great," said BP Alternative Energy representative John S. Harris, attorney with McKenna Long and Aldridge, Albany. "It certainly allows BP to make a business decision to move forward. We are willing to engage in dialogue on what makes sense."

Link here to continue reading

Panel seeking specifics on noise

"I think if we knew ambient and could come up with an average, that would give us something to work with," said Beth A. White, president of Voters for Wind.

By NANCY MADSEN

TIMES STAFF WRITER

SATURDAY, NOVEMBER 1, 2008

CAPE VINCENT — Members of the committee formed to produce a zoning amendment to deal with wind farms want specifics.

During a meeting Thursday afternoon, the committee agreed to ask the acoustical engineering firm Cavanaugh Tocci Associates, Sudbury, Mass., to evaluate the noise-measuring methods in different laws. That firm panned Hessler Associates' ambient noise study in BP Alternative Energy's draft environmental impact statement for the Cape Vincent Wind Farm.

Continue reading via this link to the Watertown Times

Boundaries agreed to for Cape wind turbines

The committee discussed five turbines planned for the agricultural district west of Route 6 under BP Alternative Energy's plan for the Cape Vincent Wind Farm.

By NANCY MADSEN

TIMES STAFF WRITER

SATURDAY, SEPTEMBER 27, 2008

CAPE VINCENT — The boundary for the wind turbine overlay district is set tentatively as Route 6 to the west and the riverfront district to the north.

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

Link here to continue reading via this link to the Watertown Times

Cape's proposed wind law unveiled

The law would allow noise up to six decibels above ambient sound level at neighbor's residences and 10 decibels above ambient sound level at a neighbor's property lines.

By NANCY MADSEN

TIMES STAFF WRITER

THURSDAY, AUGUST 21, 2008

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

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

Continue reading via this link to the Watertown times

BP ~ Open house on Cape Vincent wind project

Updated 07/31/2008 06:28 AM

CAPE VINCENT, N.Y. -- Various people with various opinions, all wishing to find out more information and ask questions about the 142-megawatt, 95-turbine wind project planned for the agricultural areas of Cape Vincent. BP Alternative Energy held an open house Wednesday to inform people of the potential project. The company detailed where they would build roads, place transmission lines and most importantly, put up turbines.

"We want to make sure that people don't get misconceptions about our project and that we're able to address specific details. There are a lot of concerns people have about location, visual impact, sound and environmental studies," BP Alternative Energy Cape Vincent Project Manager Jim Madden said.

Continue reading via this link to YNN

Cape Vincent Wind SDEIS & St. Lawrence Wind FEIS Documents

BP Wind Energy submitted their Draft Environmental Impact Statement for their proposed cape Vincent Wind Complex  in 2008.
  BP Wind energy purchased the rights to Acciona's St. Lawrence Wind farm - february 2012.

Below are links to BP's Draft Environmental Impact Statement (DEIS) and Acciona's Final Environmental Impact Statement (FEIS)

BP SDEIS ~ Cape Vincent "Wind Farm" Document  Collection 

Acciona's St. Lawrence "Wind Farm" FEIS Document Collection 

February 2008 ~ NYS DEC Comments Re: BP's Draft Environmental Impact Statement

 Alexander B. Grannis
Commissioner DEC

February 29, 2008

Mr. Richard Edsall, Chairman
Town of Cape Vincent Planning Board
1964 NYS Route 12 E
PO Box 680
Cape Vincent, New York 13618

Re: State Environmental Quality Review (SEQR)
Cape Vincent Wind Power Project
BP Alternative Energy
Towns of Cape Vincent and Lyme, Jefferson County

Dear Mr. Edsall:

The New York State Department of Environmental Conservation (DEC) has reviewed the Draft Environmental Impact Statement (DEIS) for the proposed Cape Vincent Wind Power Project, Towns of Cape Vincent & Lyme, Jefferson County, New York, December 7, 2007, prepared by Environmental Resources Management (ERM). The project sponsor, BP Alternative Energy, proposes construction and operation of an approximately 210 megawatt (MW) wind power project consisting of up to 140 wind turbines with a nameplate capacity of 1.5 MW to 2.5 MW, construction of approximately 18 miles of gravel access roads, installation of 18 miles of electric collection line, construction of an operations & maintenance (O&M) center on a 5-acre site, construction of a collection substation on a 3-acre site, and a 115kV transmission line to the existing electrical substation in the Town of Lyme. The project includes 2-3 meteorological (met) towers to be spaced across the project area, and temporary ancillary construction facilities, including two concrete batch plants, and cleared areas for equipment laydown, construction parking and construction management trailers.

DEC’s review of the DEIS has found serious deficiencies in terms of the proposed project scope, location of proposed project components, characterization of natural resources in the project development area, assessment of potential environmental impacts, and discussion of mitigation options. Additionally, the intention to defer, completion of the proposed project layout, basic resource studies and other developmental plans until the final environmental impact statement (FEIS), or later, limits meaningful review and comment on the proposed action by involved agencies and the public, it does not allow for a full public discussion of reasonable alternatives review of the DEIS shows that at least 21 plans, studies or reports necessary to adequately assess the potential environmental impacts of the project have been deferred to the FEIS or later. Several of these are important for DEC's consideration of permit applications that are anticipated to be required for construction of the project. These include a detailed map of the turbine   array and projects components, turbine specifications, wetland delineations, transportation study and routing plan, final visual analysis, archaeology and architectural surveys, Indiana bat survey, Blandings turtle trapping study, storm water and erosion control plans, including a survey of karst features, and it environmental monitoring plan. Further, the DEIS does not anticipate that a number of items recommended by the DEC in comments on the draft public scoping document will be discussed even in the FEIS, including source location(s) for aggregate materials, environmental restoration plan, and operations and maintenance plan,  a compensatory wetland mitigation plan, and invasive species control plan, or a plan for offsets to impacts to  visual and historic resources.

DEC strongly recommends that a supplemental DEIS (SDEIS) be prepared to include more complete data pertaining to these resources, in order that involved agencies and the public have the opportunity to comment on potential impacts to these resources. As an involved agency under the state environmental quality review (SEQR),DEC must make findings based on the record in the FEIS prior to approval of any agency permits that may be required for project construction. A complete EIS record is critical to the DC, and without it the department will have a limited ability to make the required findings as an involved agency.

DEC provided comments on the DEIS Draft Scoping Document, dated August 13, 2007 in a letter to the planning board dated September 14, 2007. The draft scoping document proposed the EIS process " will take place in two phases. In the first phase, wider core doors of potential impact throughout the project will be studied" and" will be presented in the draft EIS." Then, following a" more detailed turbine plan which will specify the final placement of turbans, roads, a substation, electrical interconnects, transmission line, and a permanent maintenance facility… A revised draft EIS will be prepared…"  (draft scoping document, page 2). In comments on the draft scoping document, DEC stated that," SEQR regulations at 617.9(a)(7) provided existing process for the lead agency to require a supplemental EIS, subject to the full set of procedural requirements for the DEIS" in order to ensure that all phases of the DEIS process allow for ample review by involved agencies and the public,DEC further recommended that"… A formal scoping process be conducted again prior to preparation of a SDEIS, in order that the full range of issues of concern to involved and interested parties can be addressed." DEC is disappointed that the final public scoping document, dated October 8, 2007, fails to include the  “revised" DEIS, and defaults to a schedule that defers a full discussion of project details and potential impacts to the FEIS.

BP SDEIS a-1 Agency Correspondence Cape Vincent by pandorasboxofrocks