letters to the editor/opinion

Trump, Republicans have shown they work for the best of country

Posted 1 November 2018 at 8:27 am

Editor:

I write in response to Mr. Cropsey’s letter of Oct. 30 point by point.

Point 1.) You state that Republicans don’t want to hear from anyone that does not tow the line. I’ve read no reports of Trump supporters shouting during a moment of silence for the Pittsburgh victims. I’ve heard nothing about Republicans chasing Democrats from restaurants, gas stations, malls, or committing outrageous acts outside of Democrats’ homes, Nor have seen any Republican call for the above actions like liberal Democrats have done.

Point 2.) you assert that a president lying should be grounds for disqualification. I respectfully give you Obama and Clinton.

Point 3.) Republicans have and continue to support legal immigration. Mr. Cropsey, do you support allowing many thousands of people from parts unknown with no background checks as the current 3 “caravans” are attempting to do? The latest totals surpass 10,000. And looking at news reports on all channels I see many more adult males than mothers and children. Why did they deny the asylum offered by Mexico?

Point 4.) “The middle class here and everywhere is dwindling due to the depression in real wages and increased property taxes.” Look at the true facts. Wages are up, the economy is expanding, and the increasing property taxes are the result of Albany’s unfunded mandates. Granted, including Pataki.

Point 5.) You assert that the current Administration does not support law enforcement and that law enforcement is currently under attack. Only the last half of that statement is true. Law enforcement is, unfortunately, under violent attacks. I find your conclusion that it has been a result of the current administration’s demonstrated support of all first responders ludicrous. I submit to you that Obama, Holder, Lynch, and the liberals coveting minority votes escalated this trend. I would add that insofar as respect of laws witness Hillary’s documented criminal acts (home server, destroying evidence after that evidence was subpoenaed by congress) Bill’s meeting with Lynch further show which side believes in the rule of law.

Point 6.) Hostages returned, military remains returned, ISIS and other terrorist groups essentially unheard from in the last year. New trade relations with our partners. (And yes China will soon come to the table.) Do you not consider these huge strides in foreign relations?

Point 7.) We agree. I have and will always protect my wife and family. Your new party’s aim is to hinder our ability to do so by eliminating Amendments 2 and 9. What Trump said on the aircraft so many years ago is unacceptable. I’ve said and done unacceptable things “back in the day.” Have you? It does not define us as the men we are today.

With respect, I ask you to consider these realities between now and Tuesday.

Bob Harker

Clarendon

Resident disappointed no Barre officials attended session on conflicts of interest

Posted 31 October 2018 at 8:09 pm

Editor:

No Town of Barre board members or Heritage Wind LLC (Apex Clean Energy) members attended a meeting on Oct. 30 at the Hoag Library. Brad Jones discussed conflicts of interest and environmental impacts from wind energy and Article 10 laws.

So it looks like all of the residents in the Town of Barre have to fight off Apex Clean Energy and Heritage Wind LLC on their own as the Town of Barre board members count all the money from the lease agreements that they have signed  and don’t forget they can not say anything because they all have a no-speak policy in their lease agreements with Heritage Wind LLC.

Please note all Town of Barre board members and the lawyer for the Town of Barre were invited to this meeting. Heritage Wind LLC and Apex Clean Energy also was invited, but none were present for the meeting.

William Nacca

Barre

Voters urged to choose wisely in the 27th Congressional race

Posted 31 October 2018 at 8:19 am

Editor:

I urge your readers to consider the implications of their votes in the November 6th election for our 27th Congressional district representative.

Under a veil of carefully orchestrated suspicion, the once highly regarded (I still regard them with admiration) Federal Bureau of Investigation this year arrested at least two incumbent members of the United States House of Representatives.

Just as shoplifters, they are innocent until proven guilty.  But each—apart from the process of their arrests—has been separately indicted by a federal grand jury.  As I understand it, these Congressmen are out on bail awaiting trial.

Though my travel has been limited in the past year, I have seen only one sign for our incumbent member of Congress in three counties. We all know, however, that the absence of a sign in your yard is not necessarily an indication of how one votes.

On election day, each of us must answer only to ourselves.

Sincerely yours,

Gary F. Kent

Albion

Too many negatives for Lighthouse Wind to move forward

Posted 30 October 2018 at 2:05 pm

Editor:

The Apex “forum” on the proposed Lighthouse Wind Project held on October 2nd at Lyndonville High School met all the criteria of a staged propaganda event.

This was no forum. It was slick, tightly controlled, and well organized in an effort to indoctrinate the public and suppress comment and reaction. It marked the culmination of a month-long barrage of mailings by Apex intended to convince a community overwhelming opposed to the project, of the benefits of an Industrial Wind Turbine Complex. The crowd estimated at 125 was orderly and respectful. The outside demonstrators against Lighthouse Wind far outnumbered those who supported the project.

The project, as proposed, is illegal per town laws in Somerset and Yates. These laws were carefully crafted to protect the health and welfare of the citizens and the surrounding environment. Lighthouse Wind therefore cannot be approved for construction in its current proposed form without the Article 10 Siting Board taking action to nullify Town law.

Forty-seven 591-foot-tall wind turbines will dominate the landscape of Somerset and Yates. They will be visible for miles in the flat topography of the area. Residents will be forced to view these grotesque structures every day for 30 or more years no matter which way they turn.

It was apparent from the “forum” that Apex is in denial and completely tone deaf over the  numerous negative aspects surrounding Lighthouse Wind brought to their attention over the past 5 years by an educated public.

Noise, shadow flicker, bird/bat kill, infrasound, degradation of property values and health issues were glossed over or totally ignored. A lesson was given in “acoustics 101” and we were told how silent the proposed wind turbines will be. The countless complaints of excessive noise from those who live among the turbines in other active Industrial Wind Turbine complexes were ignored. It is noteworthy that the turbine model selected, the Vestas V150 4.2, produces a sound power level of 104.9dB(A) per manufacturers specifications. This sound level is equivalent to the noise generated by a chain saw and is damaging to the human ear.

Apex vice president of Environmental Compliance and permitting spoke and continued to ignore the existence of a letter directly to him in May of 2015 from the US Fish and Wildlife. This letter was a recap of a meeting he attended, warning of the severe effects Lighthouse Wind will have on bird and bat migration.

Also recommended was a 3-mile setback of the industrial turbines from the Lake Ontario shore. Our Town laws contain these recommendations. Apex is ignoring them. With respect to bird kill, using the figures quoted of a national average 3 to 5 fatalities per megawatt per year, it can be expected that between 16,000 and 30,000 bird kills will occur over the 30-year life span of the turbines. Do the math! These estimates are low as the Lake Ontario shoreline is anything but average as US Fish and Wildlife has noted.

A tax payment of $1.5 million per year was offered as an economic benefit to the community, not mentioning that it would be divided among 6 taxing jurisdictions. Why is Apex deciding what their tax levy should be? This figure is based on a PILOT that will not be granted and is evidence that Apex is trying to get by “on the cheap” rather than paying full assessed value of their property.

It is past time that Apex cease all activity related to Lighthouse Wind. The power is not needed, the power is not clean, the project as proposed is illegal as it violates local law and the towns of Somerset and Yates are geographically the wrong location. Residents realizing all the negatives associated with Industrial Wind Turbines have overwhelmingly voted to keep them out of our community numerous times. We do not want to leave an unhealthy, polluted, distorted. noisy, bird carcass-littered  landscape to future generations. There are better ways to save the planet.

James C. Hoffman

Somerset

Murray candidate says town uses water department for piggybank, more oversight needed

Posted 30 October 2018 at 8:07 am

Editor:

Comptroller audits of municipalities clearly suggest the Supervisor bears ultimate responsibility for Town finances. The audits suggest relying on bookkeepers and department heads without oversight is not sound financial practice.

Successful businesses regularly question accountants and department heads. When it’s your money you pay close attention. Pay close attention people, it’s your money.

The Murray Water Department continues to lose money and our officials offer no solution. Town documents show losses of $78,838 for the period 2015-2017. However, a closer look at the finances show the water department actually lost $258,707 for that period. The numbers are taken directly from Town documents and not 3rd-hand information.

By using your unamortized bond payments to offset operational losses, the water department shows misleading figures. Residents paid an extra $179,869 in water tax to reduce losses to $78,838. Depending on which water district you live in determines how much you are unfairly paying into that black hole. It varies greatly from district to district.

The tentative 2019 Murray Water District Budget is also in the red and the final numbers not yet available.

The fact remains: The Murray water department is losing a lot of money. As water district bonds mature there will be no source of cash to rob Peter to pay Paul. Then what? Build an Orleans County Water Authority??

It’s time to roll up our sleeves and get to work. Acknowledge the facts. Numbers don’t lie. Stop using the Murray water department as the town piggy bank. Don’t rely on bookkeepers and department heads to manage your money. Budget fat is born in bad policy. Better oversight is needed. Drive the Town to a more sustainable future while reaching for something better.

Murray Government should be creating economic confidence in its community, not more government. Encourage private sector investment to create the jobs that pay real living wages.

When we enforce Murray’s strict property maintenance laws we address a symptom, not the illness. Most people struggle to make ends meet. Many can’t afford to paint their homes, buy a lawnmower, fix their cars or roof their houses. Stop ignoring the real underlying issues in our community and let’s work to fix them.

This Town election is not about signs at the side of the road or at the school. This election is about real-life issues. Free speech and better town government. Creating confidence in our government and confidence in our town economy.

Abolish the entrenched status quo mindset. Move forward where everyone has a voice that is heard with respect. Where every opinion matters. Where ideas are welcomed and not put down. Build a community that embraces accountability, vision and clarity.

Joe Sidonio

Murray

Life-long Republican is changing party affiliation due to dishonest, far-right GOP

Posted 29 October 2018 at 3:24 pm

Editor:

On election day the powers that run our state will let me change my life-long registration as a Republican and register as a Democrat. It’s not that hard to explain.

There are times to stand up and be counted. This is one of them. First, when I first registered the Republican Party was fiscally conservative but centrist. Now it’s so far right it does not want to hear from anyone who does not tow the line.

Second, since Washington and how he did not, would not, lie about how the apple came off the tree, if a President lied it was considered a disqualification. Now just fact check to see that respect for the truth is not only treated as a joke but also changes daily. (28 Republican Congressmen are now running ads saying they were against excluding pre-existing conditions from insurance coverage when in fact they voted for it.)

Third, Republicans used to watch out for the middle class and promote fair treatment, immigration and citizenship for all – Italians, Germans, Irish and blacks alike. Now code words are being used and facts and figures manipulated to scare us into thinking there is some great problem at hand.

Fourth, the truth is that in practice there has been scant, if any, Republican-sponsored legislation that has helped my clients for over quarter century! The middle class here and everywhere is dwindling due to the depression in real wages and increased property taxes. Our County is forced to collect more property tax to pay for services the government used to help poor counties like ours pay.

Fifth, the Republican Party I knew used to respect the law, its processes and the men and women whose job it is to protect us. Do I have to say anything to convince you that proper law enforcement is now under attack. Think about it, if we do not respect for the law and each other how long can we last as a democracy? The answer is, we can’t!

Sixth, The United States put together, and still leads, a coalition of very prosperous and friendly nations which has kept the peace for almost two generations. This coalition is being torn apart.  Our enemy, Putin, just told the world that Trump listens to him and the US is a second class power. (Of course Putin says that as he wants people to believe it be true in order that he and his rather poor country can horn in.)

Seventh, I love and respect my wife and can not in good faith condone anything that disparages her or any other woman. It’s just not funny. And to laugh at or let any situation slide by that is thoroughly investigated is a dangerous precedent.

So, I have told you why I am changing parties. But there are ways that his followers are hurting themselves by blindly following him.

A. He is not preaching the principles that have made us strong for over 200 years and will go down in history very badly – perhaps worse then Andrew Jackson.

B. History also indicts anyone who has ever proposed we vote based on prejudice or fear and his/her followers.

C. History indicts anyone who is indicted, convicted, or associated with criminals.

D. The followers get labeled as liars, naive fools, and un-American subversives.

Trump is straying for the Declaration of Independence and Constitution and those not savvy enough to know that he is crossing the line are not in for an easy ride.

So, I will not be part of how Trump is hurting our country and I hope you decide to stay on the right side of history too.

Respectfully,

Conrad F. Cropsey

Albion

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Barre needs to protect residents’ property with updated wind energy ordinance

Posted 27 October 2018 at 6:36 pm

Editor:

I am a concerned resident of Barre, New York.  Please inform all the residents of Barre, New York that if the wind turbines come to our town and the Town of Barre Wind Laws does not have a ban for the following items, right of domain will occur!

Landowners will lose the right to use their land as they wish. A resident will have to go to the zoning board for variances and ask the wind company to allow their request. Wind companies have requested ROW Permits in other communities; when a statement has not existed prohibiting the granting of these ROW permits within the town wind laws.

The Right of Way Permit, if the town does not ban, will allow the wind company to come on your land even if you do not want them to install lines, cables or whatever, cross your land for construction purpose, operational and maintenance of the turbines and all equipment in spite of the fact you do not have a lease with them. You lose your rights of your land. The wind company may or may not give you a one-time payment.

This type of permit could have a negative sale market, if you should want to sell.

The Town of Barre must state in the Wind Code that the Town of Barre bans ROW permits.

De facto is portion of land around the turbine that is not allowed to be built on and in some cases may not be allowed to be used. This radius of land is derived from the manufactures’ safety code. The usual safety zone is 3 times the turbine height from base to tip of propeller.

If you have a 500-foot turbine the de facto radius would be 1,500 feet. Now if a turbine is placed and part of that radius falls on your property and you do not have a lease with the wind company, you would still lose the right to that land, even though you own it and pay taxes.

This could result in a  negative sale impact of the property.

The Town of Barre must state in the Wind Code that Barre bans defacto permits. Without this permit ban, the wind company can request a permit to kill more or less at will, without any restriction of type of species and pay no fines.

We need to protect endangered species of bats and birds and the habitat of Barre, New York, which is a migratory flyway. It is the duty of our town officials to protect this fly zone and keep our American heritage.

I urge the readers to send their comments to the Barre Town Hall to be read at the Town Board meeting.

Alexander Nacca

Barre

Councilman says Yates making progress on many issues while also fighting turbine project

Posted 26 October 2018 at 10:26 am

Editor:

I read, with great interest, the editorials posted by those reading my editorial letters. The feedback is welcomed.

To reduce confusion as much as possible a few short comments are offered:

• DPS Comments Assessment from year end 2017 and as posted in the Orleans Hub show a one-time commenter breakdown as follows: Opposed to Lighthouse Wind: 74 percent; In support of Lighthouse Wind: 26 percent

Mr. Hyde’s one-time commenter numbers (66.6% Opposed, 33.4% In favor), though he excludes certain comments, are not significantly different from a statistical point of view for data generated over 4.5 years. In fact, both sets of numbers fall within the historic Opposition vs. Support percentages as exhibited in surveys put forth by both Yates and Somerset.

• Regarding the assessment performed on Apex’s bird death mailer referenced by Mr. Pierce; in fact the number of bird deaths reported and calculations made in the letter to the Hub were all referenced to peer-reviewed studies and are accurate estimates.

Unfortunately, with all the energy expended by our Town and its constituents in fighting or supporting this Industrial Wind Turbine Project, there seems to be little interest in the progress being forged in the Town of Yates:

• Implementing corrective actions from the State Controller Audit of town finances and fixing the errors of the past.

• Ensuring a robust update to the 18-year old Comprehensive Plan that will improve our town as we move into the future via clear direction toward our  goals.

• Vital work on updating our 22-year old Local Waterfront Redevelopment Plan, which will ensure the Town of Yates becomes a destination for tourists, vacationers and sports enthusiasts.

• Full and committed support of our Fire and Ambulance Services to ensure exemplary service.

• Completion of construction of the final steps in ensuring public access to clean and pure water to all Town of Yates constituents and visitors.

• Update of the 20-year old Employee Handbook and successful unmediated negotiated contract with employees.

• Initiating comprehensive update of 30-year old Emergency Plan for the town.

• Garnered $400,000 grant to remediate the damage to the shoreline of the Town park and two other town locations resulting from the flooding on Lake Ontario.

In all, I am honored to do my part in helping the Town of Yates realize a successful and prosperous future.

As I have indicated numerous time in the past, I am willing to speak in person with anyone at any time on the issues facing our Town.

Thank you,

John B. Riggi

Councilman, Town of Yates

Resident appreciates analysis of comments about Lighthouse Wind

Posted 25 October 2018 at 1:59 pm

Editor:

I was very impressed  with the tone of Hans Hyde’s Oct. 16 analysis of Mr. Riggi’s “statistics.”  Mind you, I’m not saying I know for dead certain that Mr. Hyde is correct, nor that Mr. Riggi’s analysis is incorrect.

To do that I’d have to sit down and go over Mr. Riggi’s analysis in detail. I still wouldn’t be done. I’d then have to compare my results with Mr. Hyde’s.

But my gut tells me Hans Hyde’s analysis is much closer to the truth. Mr. Hyde, my hat is off to you.

Dennis Seekins

Lyndonville

SOS is committed to stopping turbine project in Yates, Somerset

Posted 24 October 2018 at 9:49 am

Editor:

Now that Apex has unveiled a layout of the 47 massive industrial wind turbines proposed in the towns of Somerset and Yates, SOS is re-committed to opposing this ill-sited project.

Based on comments Apex officials made at their recent forum at Lyndonville High School, we know this project is very far from being finalized and approved. It is still in the pre-application phase. Apex is now saying the application will be submitted in the winter of 2019; that date keeps changing. The turbines would soar 591 feet, making them the largest structures in the state outside of New York City. Apex officials don’t even know that Tiger Paw Airport is located in the town of Yates.

We also know local opposition to the industrial wind turbine factories remains high; a majority of Somerset and Yates resident remain opposed, as are the Somerset and Yates town boards and the Orleans, Niagara and Erie County legislatures. The POWER Coalition is a staunch opponent. POWER members include, among others, the American Bird Conservancy, Great Lakes Seaway Trail, Orleans County Federation of Sportsmen’s Clubs, Niagara USA Chamber and the Rochester Birding Association.

Last fall at the Independent Power Producers of New York Inc. conference,

Public Service Commission chairman, John Rhodes, stated the following about the Article 10 process: “No, it’s not a stacked process and, no, not under this governor are we going to force people in a police state mode to do anything.”  We are holding Chairman Rhodes, and ultimately, Governor Cuomo, to his word.

When the tide began to turn in favor of the Allies during World War II, British Prime Minister Winston Churchill said, “Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.”

The battle against Apex is now in a similar place, and we remain resolute in our commitment to stop this project!

Pam Atwater

Somerset

President, Save Ontario Shores, Inc.

Yates made mistake in splitting legal costs with Somerset to fight turbines

Posted 23 October 2018 at 1:35 pm

Editor:

At the Yates Town Board meeting in May the board voted 3 to 2 to join with the Town of Somerset with a 50/50 split on all attorney fees going forward. They fired Mr. Dan Spitzer as the Town wind attorney and hired Vacco.

At that meeting I stood and said, “This is the biggest mistake this board has ever made.”  On Sept. 28 the two town boards filed an affidavit against Lighthouse Wind to see the turbine location maps before the public would see then at a forum on Oct. 2. Questions? What did this cost and why?

Mr. Spitzer would never advise to do this. Just another money grab by Vacco! Wes Bradley and Jim Whipple voted against this move.

On Oct. 2, Lighthouse Wind held a public forum to unveil the location of the turbines with company experts available to answer questions. Again the only two representatives from the two Town Boards were Wes Bradley and Jim Whipple. As a project this big, I would think town officials should obtain all the information so  they can to make educated votes in the future!

I also agree with Mr. Ralph Smith and Mr. Ed Urbanik that the Town of Yates should withdraw from the 50/50 attorney agreement and at best go with a 20/80 agreement.

Riggi’s letter of Sept. 17 on the Apex Bbrd mailer is full of untruths, and his letter of Oct. 7 about the DSP Comments and Assessments again is flawed statistics as I have been saying since the beginning.  The letter posted on Oct. 16 by Hans Hyde is a realistic assessment of the PSC website.

On Oct. 19 I submitted a Freedom of Information Act request for the Town of Yates for attorney fees spent to date to learn the Town has spent $8,059.60 so far. With $19,000 in the 2018 town budget  for attorney fees, this is one more reason to get out of the 50/50 Split with Somerset. Our town doesn’t have the money in the budget.

Lastly the state audit of town spending and record keeping is back. It showed that the financial records and reports are not adequate. This is the job and sole responsibility of the Town Supervisor. Mr. Simon, there is more to your job than just fighting the Lighthouse Wind Project.

Howard Pierce

Lyndonville

Collins has shown he is dismissive of constituents

Posted 23 October 2018 at 11:30 am

Editor:

Since January 2017 I have attended multiple events protesting Chris Collins. I have visited his Geneseo office, where he was, of course, absent.

I have participated in a district-wide organized town meeting where he refused to show. He is arrogant, dismissive of any constituents other than his wealthy donors. His actions in Congress have hurt the people of our district; he voted in favor of repealing Obamacare, and his support of SALT injured many New Yorkers. He is crooked and self-serving. In short, he’s an embarrassment to the 27th.

I have also attended multiple meetings where Nate McMurray was present, starting in early 2018. He has made himself available to any who sought him out, including making a recent visit to the Retsof salt miners.

When my husband and I met him at a house party in our remote corner of Orleans County, he spent at least 20 minutes sharing with us his love for WNY, his hope to make it a place our children will want to stay and prosper, and his wish to level the playing field for people of all ages, backgrounds, ethnicities.

He’s real and he’s one of us. We need him to represent the 27th honorably and intelligently.

Thank you.

Sandy Chenelly

Albion

Collins is campaigning to use office to avoid jail for insider trading crime

Posted 23 October 2018 at 10:59 am

Editor:

If I may, I’d like to elaborate on Mr. Paul McQuillen’s recent opinion piece on Congressman Chris Collins. Our elected officials are gifted with a unique entitlement not available to the ordinary citizen. Most of us have seen this entitlement in action but perhaps not all of us fully appreciate it.

When an elected official is caught breaking the law – they can resign. Their resignation is effectively a “get out of jail free” card – a card available nearly exclusively to elected officials. Space and time do not permit an exhaustive list, but some random stories reveal that which I’m speaking of.

In 2015, New Mexico’s Secretary of State, Dianna Duran, was charged with 65 counts of public corruption. She pled guilty to six of them. She was allowed to resign (and keep her pension) but avoid any jail time. In 2017, it was determined that probable cause existed that Alabama’s governor, Robert Bentley, had broken campaign finance laws. He pled guilty, paid a $7,000 fine and was forced to resign.

West Virginia’s Supreme Court Justice, Allen Loughry, resigned after a federal grand jury handed down a 22-count indictment against him that involved false statements, wire fraud and witness tampering. His resignation was accepted in exchange for foregoing any sort of criminal prosecution. In 2018 a delegate from West Virginia was forced to resign to avoid jail time relating to the mishandling of $150 million meant to go to flood victims.

Everyone knows of a crooked politician who played his or her “get out of jail free” card by tendering their resignation. New York has seen our fair share. I would add Collins to this potential list. Mr. Collin’s got caught red-handed working an illegal insider-trading deal.

We presume innocence until proven guilty but in some cases this is merely a formality. If I’m caught driving around in a vehicle I’ve just stolen, I’m innocent too. But let’s face it, this would be merely a temporary procedural status.

I disagree with Mr. McQuillen’s assessment that Mr. Collins will “use his seat in Congress as a bargaining chip.” I’m not sure Collins could do this and it isn’t necessary at any rate. Mr. McQuillen observes that Mr. Collins’ return to the campaign trail is “disingenuous.” I don’t believe it is, but it does make sense. It makes sense because Mr. Collins must get elected in order to resign – and remember – it’s an elected official’s resignation that’s allows him or her to throw down their “get out of jail free” card.

Mr. McQuillen is entirely correct that “Collins isn’t campaigning to represent the people of NY-27.”  He’s not. Collins is campaigning to get re-elected, only so that he may resign and avoid prosecution. If Mr. Collin’s doesn’t get re-elected – then he’s an ordinary citizen and therefore loses that unique elected-official entitlement of resigning vs. being prosecuted.

What this boils down to is that a vote for Mr. Collins isn’t a vote for his policies, it’s a “jury vote” that says you desire that Mr. Collins avoid potential prosecution for the things he’s done.

It’s high time we stopped allowing unethical elected officials who abuse public office to “resign” and accept that all is now forgiven. And full disclosure, I currently hold a publicly elected position.

Respectfully,

Darren D. Wilson

Lyndonville

Shelby’s proposed solar energy law isn’t competitive with other towns, and would chase away solar projects

Posted 23 October 2018 at 10:06 am

Editor:

The Town of Shelby held a public hearing on Oct. 9 for a newly-proposed solar law. A Local Law Regulating Solar Energy Systems reads like fairly utilitarian legislation, but two sentences on the last page reveal the town is “opting out” of the New York State Real Property Tax Law (RPTL) section 487 exemption, removing any incentive solar providers may have to locate in Shelby.

So, contrary to its stated purpose – to properly regulate solar energy so as to provide a readily available and renewable energy source beneficial to the Town of Shelby – this proposed law would render Shelby non-competitive for hosting solar energy facilities.

Unlike officials in the nearby Town of Yates, Shelby officials never assault the airwaves with persistent public man-trums on local zoning matters. Which is how the Town of Shelby is quietly becoming a sleeper cell of over-regulation.

Between the 28 technology, commercial and industrial bans included in both Local Law 3 and Local Law 5, segregated zoning laws the Shelby Town Board unanimously enacted without providing proper notice to the public in 2017, this latest zoning proposal will certainly cement Shelby’s development status in the region as Orleans County’s BANANA:

Build

Absolutely

Nothing

Anywhere

Near

Anyone

RPTL §487 provides a tax exemption for qualifying solar, wind and other alternative energy sources for a period of 15 years as an incentive for their development. The property is exempt from taxes on the increased value owing to the alternative energy installation. For example, if a property is valued at $1,000 before the installation of a solar array and is valued at $5,000 after the array is installed, the solar provider would be exempt from taxes on the $4,000 increase for the first 15 years of operation.

Despite the exemption, a town can require that an energy provider enter into a PILOT (Payment in Lieu of Taxes) agreement with the town for annual payments in some amount less than what the taxes would be – a negotiated agreement between the town and the energy provider.  In that way, the provider still has an incentive to locate in the town (because it would be paying less than it would in taxes), but the town is not left without any revenue benefit from the installation (because it would be receiving PILOT payments).

A town may also “opt out” of the RPTL tax exemption – that is, it may require that any provider locating within its borders to pay taxes on the total value of the property with the solar installation on it. In doing this, the town effectively removes any incentive solar providers may have to want to locate in the town.

Yates has a solar regulatory law, but Yates did not “opt out” of the tax exemption. Ridgeway has a solar law that is virtually identical to Shelby’s 2018 proposed law, but Ridgeway did not “opt out.” As a result, solar providers are much more likely to locate in one of those neighboring towns in western Orleans County, rather than Shelby, to take advantage of the favorable tax treatment they would get in Yates or Ridgeway.

Shelby’s newly-proposed solar law is identical to Ridgeway’s solar law, and the town’s existing solar law is very similar to Yate’s solar law. These commonalities should not be lost on taxpayers. All three towns are currently or have been advised on renewable energy by Buffalo’s biggest law firm – Hodgson Russ LLP. If Shelby’s law was cribbed from legislation written for another town, taxpayers should get a discount for what is tantamount to two computer clicks – cut and paste.

This law, like two others developed by the same law firm which the town is currently defending in three New York Supreme Court lawsuits, conflicts with the town’s comprehensive plan. New York Town Law section 263 mandates local zoning laws must be made in accordance with a comprehensive plan.

In October 2017, the majority of those surveyed to update the Western Orleans Comprehensive Plan responded that “development and/or improvement of sustainable and efficient energy” in Shelby was “important” to them and property taxes were a paramount concern. This current law violates Town Law §263, defies the wishes of the public and ignores the stated goals of the comprehensive plan.

Enacting this law in its current form is a mistake and yet another regulatory measure that would have the effect of depriving Shelby’s citizens of opportunities that their neighbors in nearby towns have. Shelby’s legislation over the past 24 months shows officials more concerned with their individual agendas than cultivating projects and industries that will expand the tax base and ensure long-term sustainability.

Bans and overregulation are not the answer. Shelby should remove Section 4 “Solar Exemption Opt-Out” so citizens can compete on even footing with neighbors in Ridgeway & Yates for the siting of solar facilities on their property.

Andina E. Barone

Snyder

Mindful Media Group

Taxes are needed to fund many critical government services

Posted 22 October 2018 at 7:54 am

Editor:

Taxes are a burden. Some people say taxes are government oppression and government harassment. But taxes are what connect people to their government.

Taxes pay for schools, roads and road maintenance, police and fire protection. Taxes pay for our military and national defense and some of our taxes pay for Social Security and Medicare. Taxes are a community burden that pays for goods and services we all use and need.

Perhaps, the reason Republicans, like Congressman Collins, refer to Social Security and Medicare as entitlements is because they shirk their responsibilities as citizens. Perhaps, Congressman Collins, is not connected to the community.

Mr. Collins voted for $1.5 trillion tax break to large corporations and now he wants the citizens of the 27th congressional district to pay this tax burden. Congressman Collins does not represent the citizens of the 27th congressional district.

We need a new congressman, elect Nate McMurray. Thank you.

William Fine

Brockport