This letter was submitted to the Town Clerk of Burke, NY to be entered into the official record of the Town Board's deliberation of a Wind Energy Facilities Law. Carl J. Madonna is the attorney representing the town in the matter of the local law. The town board voted at its Dec 27, 2007 meeting to impose a 90-day moratorium on wind energy facilities.

December 27, 2007

Carl J. Madonna, Esq.
10 Oak Street
Plattsburgh, NY 12901

RE: Town of Burke/Wind Energy Facilities Law

We represent Ken and Janet Tacy, long-time residents of the Town of Burke. The Tacy’s are concerned about the proposed adoption of a Wind Energy Facilities Law in the Town of Burke.

We briefly discussed with you the Town Board’s intent to adopt a Local Law. We also spoke with representatives of the Association of Towns regarding situations in which Town Boards may be unable to act, due to conflicts of interest.

When discussing this matter in the abstract, it was presumed that Town Board Members did not have a direct pecuniary interest in the legislation upon which they would be acting. You suggested that the Town Board would pass the zoning provisions necessary to allow placement of wind towers in the Town, but that the ultimate decisions on applications would be deferred to the Zoning Board of Appeals (ZBA). You indicated that the ZBA Members, with one possible exception, would not have conflicts of interest.

Further investigation reveals that two Town Board Members who would be voting on the proposed Wind Energy Facilities Law have a direct (as opposed to potential) pecuniary interest in the placement of wind towers. Town Board member Arnold Lobdell is a party to an Option and Lease Agreement with Jericho Rise Wind Farm, LLC. This Option and Lease Agreement is referenced in a Subordination, Non-Disclosure and Attornment Agreement entered into between Community Bank NA, Jericho Rise Wind Farm LLC and Arnold, Trudy and James Lobdell. Further, Town Board member David Vincent has entered into an Easement Agreement with Noble Chateaugay Windpark LLC. (see agreements: http://www.windaction.org/documents/13600)

In light of the existence of these agreements, there is nothing hypothetical or speculative about these Town Board Members' interests in bringing wind towers to the Town of Burke. Both of these Town Board Members stand to benefit financially by allowing wind towers in the Town of Burke and have a direct interest in where such towers are located. In light if such direct conflicts of interest, we believe it is mandatory that these two Town Board Members recuse themselves and take no further part in any action related to wind energy facilities. For your information, we enclose a copy of the Attorney General's Opinion, Informal Opinion #92-31, which is closely on-point. It is our understanding that the remaining three Town Board Members have no direct pecuniary interest in the siting of wind towers and ask that you confirm this fact.

Finally, it is our understanding, based upon review of public records, that several ZBA members have similar conflicts of interest and we anticipate that any such ZBA Member who has a direct financial interest in the siting of wind towers will recuse himself or herself from participation in any related matters.

We are sending a copy of this letter to the Town Clerk with the request that it be made part of the official record of the Town Board's deliberation in this matter. Thank you for your attention to this matter. We wish you a happy and healthy new year.

Very truly yours,

MILLER, MANNIX, SCHACHNER & HAFNER, LLC

Cathi L. Radner

 

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Radner to Burke Letter12-27-07.pdf (246.57 kB)