E.ON: Hartsville wind law could lead to ‘financial liabilities'

Hartsville, N.Y. - Could there be a lawsuit in the tea leaves over a proposed wind law in Hartsville?

For the second meeting in a row, discussions at Wednesday night's town board meeting focused on a newly-unveiled wind regulatory law. And again, discussions of legal action by those benefiting from the project have been discussed.

This time, the reference came from the developer.

According to Jackie Murray, an attorney for German-owned E.ON Climate and Renewables - the company planning to build around 51 megawatts worth of industrial wind turbines in the town - a proposed law would block wind development because of overly-strict guidelines in the legislation, and could cause problems for the town.

"But as I sit here and as I read through this very thoroughly, what I see is a thinly-disguised attempt to ban wind energy facilities from the town, an attempt that will give rise to financial liabilities under the takings clause of the Constitution of the United States," Murray told the board.

The takings clause Murray referred to is in the Fifth Amendment.

"...nor shall private property be taken for public use, without just compensation," the amendment states.

On Oct. 14, resident Larry McCormick threatened to sue the town if the legislation blocked development on his property.

Several towns in the Southern Tier have been sued for wind-related issues, but by residents attempting to block wind power, not by developers. For example, Cohocton was sued five times by residents, and the Town of Howard has been sued twice by residents opposed to wind development.

During the three-and-a-half-hour meeting, E.ON officials presented opinions on the new proposed law, which would replace a 2007 law on wind turbine placement.

E.ON presented a 16-page packet of information pointing to issues in the new law that would prevent wind development in the town, said John Reynolds, a consultant working with the firm on the pre-construction development.

Town Supervisor Steve Dombert accused E.ON of avoiding local residents and saying the project is now blocked because of the law, rather than working with residents to secure easements to get around the stricter noise and setback requirements.

"I think this is more analogous of granting a monopoly," Dombert said of allowing E.ON to develop in the town, as no other wind developer would be able to build in the town.

Town board member Ben Ray said he felt several town board members were not being honest about their involvement with the project.

Ray said board member James Perry, who is not a participating landowner, could benefit if the town required E.ON to seek easements for properties less than 2,640 feet away from a turbine site, adding Perry's home is less than that distance from a turbine site.

Ray also accused Dombert of attempting to force the issue before he leaves office.

"You're trying to push it through," Ray said.

Dombert's term ends Dec. 31, and he is not seeking re-election in November.

Town highway Superintendent Roy Woodworth asked if the town could propose a permissive referendum, allowing residents to vote on the law.

Gary Abraham, the town's attorney for wind issues and who drafted the new law, said if 20 percent of the town residents that voted in the last election were to sign a petition asking for it, a referendum would be offered up for public vote.

Also at the meeting was Hal Graham, a Cohocton town resident who has a wind turbine on his property.

Graham spoke to residents and the board about wind noise, which presents a problem for several families near the turbines in Cohocton.

"We were constantly assured there would be no noise," Graham said, adding the turbine 900 feet from his house has made living difficult.

The board will meet at 7 p.m. Nov. 2 at the Hartsville Town Hall for a public hearing on the proposed law.

In other business, the board reviewed applications from two candidates for town justice, but did not take any action. The vacancy - as town Judge Martha Varney has resigned as she is moving out of the town - will be discussed again at the Nov. 2 meeting.