Updates

April 29, 2012

Hon. Jaclyn A. Brilling, Secretary
New York State Public Service Commission
Three Empire State Plaza Albany, New York 12223

RE: Proposed Article X Regulations and Proposed Rulemaking

Dear Secretary Brilling

This is a brief comment about windmills and their siting. My wife and I own property in Cohocton, NY where an industrial wind facility with 50 turbines was installed 3 years ago after extensive local discussion and in spite of very intelligent arguments to the contrary.

We were promised that the facility would be beautiful, quiet, and benefit the community with significant tax savings. Unfortunately, none of these promises is true. The windmills can be seen for over 10 miles around, are profoundly unsightly, and mar what was for generations a very scenic part of New York State. Every acre of our property, which was a very quiet and serene place to dwell on, is now overrun night and day by the intrusive noise of windmills, an aggravating noise that sounds like jet airplanes at an airport that never quite land or fly away. Our taxes haven’t improved a bit. We don’t even have access to information that would indicate that the Cohocton Wind installation is generating electrical power at a level that would justify its existence.

We sincerely hope that the New York State Public Service Commission will begin to recognize before it’s too late that the entire impetus for the establishment of industrial wind facilities in New York is based entirely on raw profit-making motives that are supported by extravagantly fraudulent claims. Please allow New York citizens to retain a measure of Self Rule in this volatile area of development or send the wind developers packing entirely.

Sincerely yours,

Bill and Susan Morehouse

Labels: Cohocton, Disadvantages, Freedom, Money, New York, Noise, Process

Labels: Disadvantages, Process, Smile

Michael Townsend doubts viability of offshore wind farms

New York Power Authority board chairman Michael Townsend questioned Monday whether the authority's offshore wind farm proposal should go forward.

"From my perspective, I don't think that project is very viable at this time, politically or economically," said Townsend, a lawyer with the Perinton-based law firm Harris Beach.

The authority, an independent arm of state government, has been reviewing five private-sector proposals to erect wind turbines in state waters of lakes Ontario or Erie. Officials are supposed to announce a decision by June.

Townsend, appointed to the board in 2004 by former Gov. George Pataki, does not expect to be reappointed when his term expires later this month.

He noted that authority President Richard Kessel, a champion of the offshore idea, had said offshore turbines would not be built where they're not wanted. County lawmakers in seven of the nine shoreline counties, including Monroe, have voted to express opposition to the plan for aesthetic, environmental and other reasons. "We're not being welcomed," Townsend said.

He also said the project might be financially burdensome. Kessel had said the authority would support an offshore wind farm by signing a long-term power purchase agreement on terms favorable to its private development.

But Townsend said the authority, which generates or purchases electricity for hundreds of business, government and other customers, might be "spread too thin" financially to sign an expensive agreement. That's especially true, he said, if the authority finalizes a costly purchase agreement to support construction of a huge transmission line under the Hudson River to carry power to New York City.

He said that "unofficially, other board members agree" that offshore wind may be too expensive. Gov. Andrew Cuomo, who supported the offshore concept during his gubernatorial campaign as long as it was financially feasible, is "the big X factor," said Townsend, who pointed out that offshore projects elsewhere in the Great Lakes have been axed or frozen.

Connie Cullen, a spokeswoman for the authority, said Monday that "while we greatly respect the opinions of our trustees, NYPA hasn't yet completed its review of the bids for the ... initiative. We hope to present the full results of the review to our trustees in the next couple of months."

Townsend said the common wisdom is that John S. Dyson will replace him as chairman. Dyson chaired the authority during the Hugh Carey and Mario Cuomo administrations, and he was named to the board again by Andrew Cuomo earlier this year.

Townsend said he had nothing to say to rumors that Kessel, authority president since October 2008, could be leaving. Cullen said Kessel had no plans to resign.

Written by Steve Orr, Rochester Democrat & Chronicle staff writer.

Labels: Money, New York, Process

Plans for offshore wind farms sputter

As New York Power Authority officials near a decision point for their Great Lakes offshore wind-farm plans, they find themselves almost alone in their pursuit: Nearly all the other freshwater offshore wind projects in North America have stalled or died.

Lake Ontario, Lake Erie and the other three Great Lakes are among the windiest spots in the eastern half of the continent, and in recent years wind-energy developers publicized proposals for a dozen or more large wind farms for the lakes' waters.

Today, none of those large-scale proposals are active, a circumstance that in some cases is attributed to fierce public opposition. Two months ago the Canadian province of Ontario, which had been promoting wind energy and considering development of roughly 1,000 turbines in lakes Erie and Ontario, terminated or suspended all offshore projects.

Only one small pilot project, in the waters of Lake Erie near Cleveland, is moving forward.

The sudden declaration of an offshore wind moratorium in Ontario was "a huge blow to offshore development in not only Canada but in the U.S. as well," said Alan Isselhard, an outspoken opponent of the power authority's plan.

"But I don't feel NYPA will be intimidated ... by what's happened anywhere else," said Isselhard, who lives on the Lake Ontario shoreline in Wayne County. "They have unlimited public money at their disposal to go forward."

Indeed, the authority — an independent arm of state government based in Westchester County — is pressing ahead eagerly, hoping to be the first offshore wind project in the Great Lakes. At an offshore wind conference in Henrietta on Wednesday, authority spokesman Louis Paonessa said NYPA was "very close" to announcing a way forward.

Since last June, authority officials have been reviewing five private-sector proposals for offshore wind farms in the New York waters of Lake Erie or Lake Ontario. Though officials have refused to release any details about the proposals, each of them likely calls for construction of dozens of huge electricity-generating turbines a few miles off shore.

Click here to read the entire Rochester Democrat & Chronicle article by staff writer Steve Orr.

Labels: Money, New York, Process

A world of thanks to the Prattsburgh Town Board

To the Editor,

The majority of the current town board of Prattsburgh, has kept their promise. When the election results were tallied in November of 2009, a clear message was sent. The town wanted a renewed town board that would not only listen, but use their experience and knowledge to make decisions benefiting the town. Some say the election was only based on wind farms. This is far from the truth. The current town board has been pro-active with every area of improvement for the town. Benefits like seeking grants to improve water systems and bargaining for lowering electric rates for the town have been overshadowed by attacks on the town by Ecogen, the wind farm developer, and lawsuit costs to protect the residents of Prattsburgh. This level of detail and commitment has not occurred in Prattsburgh for many years. There will always be two sides of the story, and different beliefs by individuals. I am proud that the majority of the current town board has kept their promise, stuck to the issues, represented the people that voted them in and kept an open honest government. In this day and age of lack of faith in our public officials, I am proud of this group and the representation they have delivered. Thanks for representing us and what we believe in. “We The People”, merely had to show up and vote you in to office. You are the ones that continue to shoulder the burden. You must balance the facts that surround you and make decisions that represent “Us”, the voters that put you there. Thanks for your continued dedication!

Thomas MacAllister
Prattsburgh/ Italy/ Naples

Labels: New York, Process

Hartsville Board Member Charged With Welfare Fraud

Sheriff's Department says Philip and Michele Herrnacker illegally got $62,000 in benefits.

Michelle Herrnecker, a member of the Hartsville town board, has been accused of getting welfare benefits illegally. She and her husband got a combined total of $62,000 according to the Steuben County Sheriff’s Department.

Mrs. Herrnecker has been charged with two felony counts - offering a false instrument and 3rd degree welfare fraud. Her husband, Philip allegedly received $24,000 of benefits while Michele got a total of $38,000.

Both were arraigned before Town of Canisteo Judge Gary Forshee and released in their own recognizance for appearance at a later day.The Steuben County District Attorney’s office assisted the Sheriff’s office in the investigation.

If convicted, Mrs. Herrnecker will not be allowed to hold office in Hartsville.

Labels: Legal Issues, New York, Process

Greece says no to wind farm in Lake Ontario

The Greece Town Board has become the first elected body in Monroe County to voice an opinion on offshore wind turbines.

That opinion was a resounding no. In a 5-to-0 vote Tuesday, the board said it opposed the New York Power Authority's current proposal to site one or more wind farms in Lake Ontario or Lake Erie.

Authority officials are considering five proposals from private wind developers to erect offshore turbines, which likely would be more than 400 feet high and at least two miles off shore. A farm could have from a few dozen turbines to more than 100.

Homeowners along Greece's nearly eight miles of shoreline made it clear to town leaders they weren't interested in turbines, said Supervisor John Auberger.

"That's a residential area, and from an aesthetic standpoint, residents didn't want development into what they consider a national treasure, Lake Ontario," Auberger said. He also said the authority hadn't given the public enough information about the project.

Authority officials won't say where the developers are proposing to put turbines, though the authority earlier indicated that the Monroe shoreline from Greece to Webster was suitable for a wind farm.
Winning proposals are expected to be chosen by early next year.

The Democrat and Chronicle has filed a Freedom of Information Law request for material from the proposals. The authority turned down that request, and an administrative appeal is pending.

The authority says a farm would help meet a demand for non-polluting electricity. Offshore is desirable because winds blow stronger and more persistently over water.

County lawmakers in Wayne, Oswego, Jefferson and Chautauqua counties have voted to oppose the authority's project, while Niagara County legislators have endorsed it.

County Legislator Rick Antelli, a Republican whose district includes Greece shoreline communities, is seeking support from lawmakers for a resolution of opposition.

"I'm pleased with the Town Board," Antelli said Wednesday. "I believe they're answering the call of the constituents also."

By Steve Orr • Democrat & Chronicle staff writer

Labels: Legal Issues, New York, Process

Proposed Extension of the Industrial Wind Energy Facilities Moratorium Law

Notice is hereby given that a Public Hearing by the Town Board of the Town of Prattsburgh, County of Steuben, State of New York, will be held at the Prattsburgh Town Hall, 19 North Main Street, Prattsburgh, New York, on the 19th day of July, 2010, at 7:00p.m. upon the proposed Extension of the Industrial Wind Energies Facilities Moratorium Law of 2010.

The purpose of the hearing is for public comment on the proposed extension of the Industrial Wind Energy Facilities Moratorium Law. The intent of the law is to impose a further six (6) month moratorium on construction of and/or receipt and processing of applications for Industrial Wind Energy Facilities, their infrastructure and their support facilities in the Town of Prattsburgh.

All persons interested in this proposed Industrial Wind Energy Facilities Moratorium Law will be heard by the Town Board at the Public Hearing to be held as stated above. The proposed Industrial Wind Energy Facilities Moratorium Law is available for review at the Office of the Clerk of the Town of Prattsburgh, 19 North Main Street, Prattsburgh, NY 14873 during regular business hours.

Labels: New York, Process

An Energy Strategy for Grown-Ups

The tragic Gulf oil spill has produced overreaction ("end offshore drilling"), demagoguery ("Obama's Katrina") and bad policy recommendations ("We must generate 20% of our electricity from windmills"). None of this helps clean up and move forward. If we want both clean energy and a high standard of living, here are 10 steps for thoughtful grown-ups:

1) Figure out what went wrong and make it unlikely to happen again. We don't stop flying after a terrible airplane crash, and we won't stop drilling offshore after this terrible spill. Thirty percent of U.S. oil production (and 25% of natural gas) comes from thousands of active wells in the Gulf of Mexico. Without it, gasoline prices would skyrocket and we would depend more on tankers from the Middle East with worse safety records than American offshore drillers.

2) Learn a safety lesson from the U.S. nuclear industry: accountability. For 60 years, reactors on U.S. Navy ships have operated without killing one sailor. Why? The career of the ship's commander can be ended by a mistake. The number of deaths from nuclear accidents at U.S. commercial reactors is also zero.

3) Determine what the president's cleanup plan was and where the people and the equipment were to implement it. In 1990, after the Exxon Valdez spill, a new law required that the president "ensure" the cleanup of a spill and have the people and equipment to do it. President Obama effectively delegated this job to the spiller. Is that a president's only real option today? If so, what should future presidents have on hand for backup if the spiller can't perform?

4) Put back on the table more onshore resources for oil and natural gas. Drilling in a few thousand acres along the edge of the 19-million acre Alaska National Wildlife Refuge and at other onshore locations would produce vast oil supplies. A spill on land could be contained much more easily than one located a mile deep in water.

5) Electrify half our cars and trucks. This is ambitious, but it is the best way to reduce U.S. oil consumption, cutting it by one-third to about 13 million barrels a day. A Brookings Institution study says we could electrify half our cars and trucks without building one new power plant if we plug in our cars at night.

6) Invest in energy research and development. A cost-competitive, 500-mile-range battery would virtually guarantee electrification of half our cars and trucks. Reduce the cost of solar power by a factor of four. Find a way for utilities to make money from the CO2 produced by their coal plants.

7) Stop pretending wind power has anything to do with reducing America's dependence on oil. Windmills generate electricity—not transportation fuel. Wind has become the energy pet rock of the 21st century and a taxpayer rip-off. According to the Energy Information Administration, wind produces only 1.3% of U.S. electricity but receives federal taxpayer subsidies 25 times as much per megawatt hour as subsidies for all other forms of electricity production combined. Wind can be an energy supplement, but it has nothing to do with ending our dependence on oil.

8) If we need more green electricity, build nuclear plants. The 100 commercial nuclear plants we already have produce 70% of our pollution-free, carbon-free electricity. Yet the U.S. has just broken ground on our first new reactor in 30 years, while China starts one every three months and France is 80% nuclear. We wouldn't mothball our nuclear Navy if we were going to war. We shouldn't mothball our nuclear plants if we want low-cost, reliable green energy.

9) Focus on conservation. In the region where I live, the Tennessee Valley Authority could close four of its dirtiest coal plants if we reduced our per capita use of electricity to the national average.

10) Make sure liability limits are appropriate for spill damage. The Oil Spill Liability Trust Fund, funded by a per-barrel fee on industry, should be adjusted to pay for cleanup and to compensate those hurt by spills. An industry insurance program like that of the nuclear industry is also an attractive model to consider.

These 10 steps forward could help America grow stronger after this tragic event.

Mr. Alexander is a Republican senator from Tennessee and the chairman of the Senate Republican Conference.

Labels: Alternatives, Process

At a Special Meeting of the Town Board of Italy NY on April 26, 2010, following many months of study and deliberation, the Board adopted by a 3 to 2 roll-call vote a Resolution that deletes two Wind Energy Incentive Zones from the Zoning Law and restores in the Zoning Law and Comprehensive Plan strict prohibitions against industrial wind turbines in all districts within the Town.

The Town continues to fight the lawsuit that was filed by Ecogen last November after the Board rejected their Application for an industrial-scale wind project. We will be filing a Motion For Dismissal on April 28 and anticipate a Hearing on May 24 in Penn Yan, NY. A Legal Defense Fund should be operational shortly.

Thank you to everyone for your continued support in our efforts to protect the health and welfare of our citizens, and to preserve the rural heritage and character of this beautiful region.

Linda and Brad Jones

Labels: Legal Issues, New York, Process

Penn Yan, NY

Town officials have started the process to change the town’s comprehensive plan and zoning law to repeal the creation of wind incentive zones and prohibit industrial wind turbine towers throughout the Town of Italy.

The board held a public hearing on April 10 and the proposed changes will be reviewed by the Yates County Planning Board on Thursday, April 22.

The proposed zoning law will be amended to include a statement that any facility which exceeds 140 feet in height and all down-wind design wind turbines are prohibited in the town of Italy.

The law will also contain a statement that the town board has determined that industrial wind turbine towers and their associated energy facilities would have a detrimental impact on the health, safety and welfare of the town and its citizens.

The town board will hold a special meeting about the revisions to the comprehensive plan and zoning law at 7 p.m. Monday, April 26 a the Italy Town Hall, 6060 Italy Valley Road, Naples.

Labels: Legal Issues, New York, Process

Opinions shift on Rochester-area wind farmsWind-energy developers, who have flocked to the breezy hills south of Rochester, now are finding parts of the region a less-than-hospitable one. A cross-border project has been blocked by local officials in Steuben and Yates counties, prompting aggressive lawsuits by the developer involved. Another wind-energy company just walked away from a planned project in Steuben County. And most recently, a Wyoming County citizens group has challenged a town board action that paved the way for a new wind project there.

Some say the shine has worn off an industry that in many communities had been welcomed both for its green image and its ability to pump money into the local economy. “I’m detecting a shift in the climate of opinion,” said Gary Abraham, a Cattaraugus County lawyer who has represented citizen groups in litigation related to wind projects.

The head of a statewide green-energy advocacy group said the public overwhelmingly supports wind energy, but despite that, discord and litigation in host communities has become an unfortunate fact of life. “Certainly it sends the message that it’s not going to be easy to get something done in New York.

Indeed, the region remains a center of wind-energy development. Wyoming County has four wind farms with 236 turbines, more than any other county in the state. There is a working wind farm in Cohocton, Steuben County, as well. Nearly two dozen other wind-farm proposals in the Finger Lakes and western New York regions remain on the books of the agency that oversees New York’s electric grid, though developers have yet to make formal applications to town boards for many of them.

Of late, though, there has been a spate of controversy over the farms. A citizens group in Orangeville, Wyoming County, filed suit last month against the Town Board there, asserting it had adopted an inadequate local wind-turbine siting law to make way for a 59-turbine wind project.

After supporting Ecogen Wind LLC’s 17-turbine proposal for years, the Town Board in Italy, Yates County, acknowledged growing citizen opposition by voting in October to kill the development. Observers said Italy’s board may have been the first in New York state to vote down a wind project. A suit by Ecogen asking a judge to override the Town Board and allow the project to proceed is pending before a state Supreme Court justice in Rochester.

Ecogen similarly sued the board in neighboring Prattsburgh, Steuben County, where the company has hoped to erect 16 more turbines. Pro-wind board members briefly settled the case in Ecogen’s favor before leaving office in December, but after a series of courtroom skirmishes, the newly seated Town Board canceled the settlement and declared a moratorium on wind-energy development in the town. Ecogen’s suit still is pending.

Another wind project proposed for Prattsburgh that had been in planning stages for years was formally canceled at the end of 2009. John Lamontagne, spokesman for developer First Wind, said the project was deemed expendable in light of the shaky economy. The Massachusetts company, which was given $75 million in federal stimulus aid in partial compensation for the 50-turbine farm it built in Cohocton, will pursue other projects in Erie County, New England, Utah and Hawaii, Lamontagne said.

Abraham, who represents the citizens group suing the Orangeville board, said he believes public opposition to wind developments is growing. Residents most often cite concerns about noise and the setback provisions that dictate how close turbines can be to homes and adjoining properties. He said, though, that he thinks elected officials often pay less attention to those concerns than they do to a project’s financial benefit to friends and family members.

By Steve Orr, Staff Writer, Rochester Democrat & Chronicle

Labels: New York, Process

Meeting on wind turbines in the works

South Bristol, NY — A coalition of groups concerned with industrial wind turbine development in the Finger Lakes region will bring together state and federal elected officials at a conference next month at Bristol Harbour Resort. Hosting the event will be Naples Town Supervisor Frank Duserick, with U.S. Rep. Eric Massa, D-Corning, as keynote speaker.

“We want a sane, rational energy policy,” said James Hall, a Cohocton resident with the event’s sponsor, Citizen Power Alliance. The alliance works to hold public officials and regulators accountable, while seeking to protect the public interest.

The goal of the invitation-only event is to get all the elected officials representing the region in the same room, he said, to discuss the effects of wind turbines, share insights regarding current regulations and offer recommendations for federal and state policies.

“These alternative-energy projects would not exist without federal and state government,” said Hall, referring to government subsidies. For example, he said, the company that put up wind turbines in Cohocton, south of Naples, received a cash grant of nearly $75 million in federal stimulus funds. Fifty turbines in Cohocton became operational last year.

Two other neighboring towns, Prattsburgh and Italy, are in disputes with wind turbine companies. In Prattsburgh, wind farm issues are back to square one. The Town Board earlier this month rescinded a legal settlement with wind farm developer Ecogen Wind LLC and took the first step toward enacting a moratorium on any wind farm-related development for six months.

In Italy, the Town Board late last year rejected an application by Ecogen to erect 17 turbines. Ecogen responded by filing an Article 78 action in state Supreme Court, seeking to overturn the board’s decision to stop the project by denying approvals and placing a moratorium on its development.

Hall said an attorney will also speak at the Feb. 16 conference, addressing legal issues with turbines. “There is an attempt to iron out realistic, protective laws that make sense,” said Hall.

By Julie Sherwood, staff writer, Messenger Post

Labels: Process

Judge won't OK Steuben wind-energy project, but it goes ahead anyway

A mid-December vote by a Steuben County Town Board that allows a controversial wind-energy project to go forward will stand, for now, without a judicial stamp of approval.

In a ruling released this morning, state Supreme Court Justice Stephen Lindley declined to give his legal imprimatur to a 3-to-2 vote by the Prattsburgh Town Board in favor of a legal settlement with Ecogen Wind LLC.

Buffalo-area Ecogen had sued the board in November to force approval of a 16-turbine wind farm in the hilly Steuben County town. The company has said it spent $13 million on studies, legal fees and other expenses related to the project, which also would feature 17 more 415-foot-high turbines in the neighboring town of Italy, Yates County.

Ecogen brought suit against Prattsburgh shortly after the Nov. 3 townwide election, in which voters chose a new supervisor and a new board member, both of whom are openly skeptical about the Ecogen project.

The company apparently feared that the new board, once seated this month, would kill the project, and it sued preemptively so that pro-wind town lawmakers would have an opportunity to approve a settlement before two of them left office. The terms of the settlement allowed the project to go forward unfettered.

Two wind skeptics already on the board unsuccessfully sought to persuade Lindley not block the lame-duck board from settling the lawsuit. At the same time, Ecogen’s lawyers asked Lindley to give his approval to the settlement, presumably so that it would be more difficult for the new board to overturn.

Lindley said in his ruling, however, that it was “unnecessary and superfluous” for him to approve the settlement. He also said in his ruling that he was not disapproving it, either, and said the question of whether the mid-December vote was proper had not been put before him.

The Prattsburgh board, which now splits 4-to-1 against the Ecogen project, is scheduled to meet this evening.

“I guess that’s a good thing,” said Steve Kula, a wind-skeptic board member, referring to Lindley’s refusal to approve the settlement. “But it sounds like there’s a lot that’s open-ended at this point.”

Kula said he expected the board would begin working on a wind-turbine moratorium in the town and “trying to unwind the position of the previous board.”

Labels: Legal Issues, New York, Process

Clinical study of health effects of large wind turbines published

Rowe, Mass., Nov. 28, 2009 -- Dr. Nina Pierpont, a pediatrician and population biologist in Malone, New York, has announced the publication of her book-length study: Wind Turbine Syndrome: A Report on a Natural Experiment.

In interviews with 10 families living 1,000-4,900 feet away from recently built industrial-size wind turbines, a "cluster" of symptoms was revealed: from sleep disturbance, which affected almost everyone, to headache to tinnitus, vertigo, nausea, irritability, memory and concentration problems, and panic episodes. Industrial wind turbines have a total height of 300-400 feet or more, with blades of 125-150 feet that sweep 1.5-2 acres of vertical airspace.

The book includes supportive reviews and notices by several noted physicians in related disciplines. Although primarily directed towards medical professionals, it includes an informative and often poetic version for the lay audience.

The individuals affected by Wind Turbine Syndrome noticed that they developed symptoms after the turbines near their homes started turning. Symptoms were relieved when they left the area and resumed on their return. Eight of the ten families eventually moved away from their homes because of the severity of the symptoms.

Although not everyone living near turbines is subject to these symptoms, the data Pierpont presents are a concern, considering the current political drive to construct more and ever larger industrial wind turbines close to people's homes, as well as in the habitats of other equally or more sensitive animals.

Pierpont's sample size was large enough to show that individuals with pre-existing migraines, motion sensitivity, or inner ear damage are particularly vulnerable. People with anxiety or other mental health problems are not particularly susceptible, she says, contradicting the common claim of industry developers that "it's all in their head".

"This report is a public health wake-up call that our elected officials and administrators need to take very seriously", said Eric Rosenbloom, president of National Wind Watch, a clearinghouse for information about the adverse effects of industrial wind energy development.

Pierpont and other health and noise experts agree that at a minimum, large wind turbines should be 2 kilometers (1-1/4 miles) from any residence.

According to Pierpont, low-frequency noise or vibration from the wind turbines acts on the balance organs of the inner ear to make the body think it is moving. And this misperception of motion affects other brain functions, including physical reflexes, spatial processing and memory, and physiological fear responses (such as pounding heart and nausea).

Labels: Disadvantages, Process

Ecogen Wind LLC's lawsuit claims the town of Italy, Yates County, delayed a decision on its industrial wind development proposal since 2002 and now can't deny its application (Nov. 5 story). In reality, Ecogen caused this long, drawn-out, expensive process by refusing to accept the town's original decision to remain non-industrial. A 2006 zoning law prohibiting industrial turbines, two town-wide surveys and several public hearings on this issue demonstrated that Italy wants to preserve its major strengths — natural beauty and a peaceful rural character. It was Ecogen's lawsuit threats and unrelenting pressure on the Town Board that led to a reluctantly made zoning law revision, application review and final denial.

Evidence submitted by citizens overwhelmingly showed that the short setbacks and high noise levels required to fit Ecogen's massive facility among our homes could damage Italy residents' welfare, property values, health and safety. Cohocton's experience with industrial wind turbines has been a nightmare and a learning experience. Recent elections in Italy and Prattsburgh clearly showed the people's choice to remain turbine-free.

We should have the right to say "no."

—Joan Simmons, Italy, Yates County

Labels: Freedom, Legal Issues, New York, Process

The results of the Hartsville race are in, and Zena Andrus has been elected Hartsville's new town supervisor. An independent candidate, Mrs. Andrus won with 112 votes over Republican Alice Bosch's 104. "I would like to thank all of the residents that took time out of their busy lives to come to the town hall and vote for me," said Mrs. Andrus. "It was a long wait from the time we voted until the results were finally tabulated but the new machines will make voting more accurate in the future. Alice Bosch was a worthy opponent and ran a clean campaign."

One factor that added to the Andrus victory was the fact that just before the election, the three way supervisor race became a two way race, between Zena Andrus and Alice Bosch. That was due to Mike Muhleisan dropping out of the supervisor's contest, and lent his support to the Zena Andrus campaign. "He was a great adversary and I appreciate his stepping down to support me in my quest for the role of Supervisor," Mrs. Andrus said after the election was finally finished.

Other Hartsville Town Board winners include Jim Perry (120 votes), Tom Dobell (115 votes). Perry and Dobell defeated Nick Petito and Ron Amidon, both Petito and Amidon recieved 103 votes.

The biggest issue in the Hartsville race is wind energy. Because of the defeat of the pro-wind candidates, it is now uncertain whether or not there will in fact be a wind project for the Town of Hartsville. If there is no wind project in Hartsville, there will be no wind project in Hornellsville.

Labels: New York, Process

Which way did windmill voting tilt?

Steve Orr, Staff writer, Rochester Democrat and Chronicle

As we’ve been reporting, a wind-power development company called Ecogen Wind has filed suit against the town of Prattsburgh, Steuben County seeking a judicial order allowing it to proceed with construction of a wind farm there without town board approval. This comes in the heels of a similar court action by Ecogen in early November against the neighboring town of Italy, Yates County, asking a judge to set aside a town board vote killing the project.

Ecogen, based in suburban Buffalo and backed by a firm with offices in San Francisco and Houston, wants to build a 33-turbine wind farm in the hills of the two towns, which lie not far from the southern end of Canandaigua Lake.

At least part of the motivation behind these bare-knuckles lawsuits is the fact that voters in Italy and Prattsburgh elected anti-wind farm slates in voting earlier this month. Ecogen clearly fears the new boards will try to deep-six their project, on which they say they have spent $13 million so far.

The question I have is whether the voting in the two neighboring towns is part of a groundswell of opposition to industrial-scale wind farms in New York’s rural towns. There are several dozen wind farm proposals resting with town boards across the state, including some in the Rochester region - and most of the host towns had local elections on November 3. Someone I spoke with recently suggested a number of those elections did tilt against windmills.

This is where I’d like to enlist you visitors to help. If you know who won and who lost in town elections where wind farms were a major issue, post a comment here or shoot me an e-mail. Between your information and what I’m able to gather, I’ll post a running tally as we move along.

By the way, here are the legal petitions filed by Ecogen against the towns of Italy and Prattsburgh. They’re slow going if you don’t like legalese, but they might be worth reading – for the rural town-versus-wind farm conflict could prove significant in New York’s renewable energy future.

Response:
In Italy the town voted to replace 3 of the town board members including the supervisor. Italy has been more reasonable than Prattsburgh as far as the current town board and their work on turbines. Prattsburgh who suffered through ridiculous 3-2 votes in favor of wind for the past several years has turned the tide and has now 4-1 in favor of Town Board Members that are not going to be greenwashed by Ecogen/Pattern Energy. The basis to both of these lawsuits is that the towns of Italy and Prattsburgh have used our democratic process and shown that they are "Mad as hell. and not going to take it anymore." Now the greedy corporation will turn to a bevy of lawyers to twist the facts into some sort of feeble attempt to go against the will of the people.... Maybe it is time for another Tea Party!

Labels: Legal Issues, New York, Process

Town to fight wind company lawsuit

By Julie Sherwood, Staff Writer, Daily Messenger

A fight over whether a proposed wind turbine project bordering Naples will go forward heated up last week when the developer filed a lawsuit against the town, where 17 turbines were to go up.

The Article 78 action, filed in state Supreme Court in Monroe County by developer Ecogen Wind LLC, seeks to overturn the Town Board’s decision to stop the project by denying approvals and placing a moratorium on its development.

Last month, the board unanimously rejected the proposed wind turbine project, determining the gigantic, power-generating machines would have a negative effect on the environment. The board also imposed a six-month moratorium on wind turbines following a public hearing.

The decision followed a meeting the previous month attended by 116 residents. Most of those who spoke opposed the project over concerns about noise, light flicker, positioning on steep slopes and other concerns.

Supervisor-elect Brad Jones said he and other elected officials are ready to challenge the lawsuit that claims the town acted improperly and illegally in rejecting the project’s application.

“You don’t try to build a big industrial project when 70 to 80 percent said ‘we don’t want
industrialization in the town,’” said Jones. His family, like most others in Italy, choose to live there because of family history and the town’s rural character, he said.

“We need to represent the will of the people,” added Jones. “We will continue to fight.”

Messages left with Nixon Peabody LLP, Ecogen’s legal representative on the case, were not returned. Beth O’Brien, a spokeswoman with Ecogen’s partner on the project, Pattern Energy Group, said she could not comment because of the pending litigation.

Ed Premo, with Harter Secrest & Emery LLP, which represents the town, said the Town Board did due diligence.

“It went through the process of carefully reviewing the application, went through two public hearings and carefully considered all documents and evidence,” he said, before the board determined the benefits Ecogen offered did not outweigh “the substantial adverse impacts of the project.”

Jones said Ecogen had bought several properties in the town, with plans to build turbines there, claiming in the lawsuit it had spent between $10 million and $12 million on those land deals, while pegging its entire cost for the project at more than $150 million.

Town resident Vince Johnson said he plans to ask the town to set up a legal-defense fund to pay for the ongoing costs in fighting Ecogen in court.

“Sadly, Ecogen is coming back to town again with a legal gun and trying to bleed the town dry,” he said.

Italy and Ecogen have been involved in several legal battles involving the turbine project, which is tied to one in neighboring Prattsburgh. Ecogen and Pattern Energy Group want to put up 33 wind turbines across the two towns, with the companies saying the Prattsburgh project depends on getting the permit from Italy.

Naples also has a lot at stake. This summer the Naples Town Board asked the state’s Public Service Commission to stop development of turbines that would be built close to the town line. The town has focused on five turbines that Ecogen’s original plans sited on Knapp Hill in Prattsburgh. One would be within 250 feet of the Naples town line and less than 500 feet from a Naples landowner's property line.

Wind turbines are already towering over the landscape to the south of Naples. Fifty turbines — with most clustered on Pine and Lent hills in Cohocton — installed by another wind energy company, First Wind, became operational early this year. The company’s plans to erect more than 40 additional turbines for a project in Prattsburgh are currently on hold due to financing issues.
Lynn Barbuto, who owns Ceasar’s Pet Palace in Geneva, said she was dismayed when she drove to Naples recently with a friend who had been interested in buying a home there. When they saw the industrial wind turbines covering the hillsides south of town, they were “mortified,” she said.

Her friend, who grew up in Rochester and had been living in Florida, wanted to return to the Finger Lakes region — particularly the Naples area — and settle down, said Barbuto. “But she rejected that area due to those wind turbines.”

“We couldn’t believe these monstrous things were in this most beautiful site in New York,” said Barbuto. “What next?”

Labels: Legal Issues, New York, Process

November 3, 2009 Italy Town Election Results

Supervisor
Bradley E. Jones 204
Margaret M. Dunn 170 (incumbent)
Write-in 1

Town Council (2 seats)
Frederick T. Johnstone 201
Donna L. Baran 200
Charles E Kreuzer 138 (incumbent)
Write-in 81

An articulate slate of candidates critical of industrial wind development in Italy, led by Brad Jones, have won the Town elections in a clean sweep! Our congratulations and prayers are with the new team as they begin the work of rebuilding trust and hope in the Town's future.

Labels: New York, Process