History of FOILED Engineering Requests

8/8/2019 History of FOILED Engineering Requests

1/13

ENGINEERING CORRESPONDENCE REQUEST HISTORY

--- On Fri, 4/3/09, Clif Schneider wrote:

From: Clif Schneider

Subject: Cape Vincent Sound Studies Correspondence

To: "Kris Dimmick"

Cc: "Tom Rienbeck" , "Gregory C."

Date: Friday, April 3, 2009, 11:59 AM

Hi Kris,

I spoke with Supervisor Rhienbeck this morning regarding my request for material

related to wind developer sound studies in Cape Vincent and the recent draft wind law.

Supervisor Rhienbeck has agreed to let me see copies of the material, but he also

requested that you send copies to him as well. Apparently he has not seen all of the

documents associated with the noise and sound issues.

My mailing address:

Clif Schneider

PO Box 165

Cape Vincent, NY 13618 (I presume you have Supervisor Rhienbeck's address)

Specifically, I would like copies of all the correspondence between you and your sound

consultant, Cavanaugh Tocci, Inc. This would include sound issues as it related to both

wind projects and the drafting of the wind law.

I would also like to see any technical correspondence related to sound between you and

the CV Planning Board. I am interested in any reviews, comments, correspondence, or

emails related to the technical issue of wind turbine sound.

Thank you for your help and assistance.

Regards,

Clif Schneider


2/13

RE: Cape Vincent Sound Studies CorrespondenceMonday, April 13, 2009 3:45 PM

From: "Kris Dimmick"

To: "Clif Schneider"

Cc: "Mathes, Todd" , [email protected]

Clif

I spoke with both Tom and Todd about your request. The Town would like to follow aconsistent process of releasing information through their attorney for all requests.

Please contact Mr. Todd Mathes directly at 518 487 7666.

Kris


3/13

Cape Vincent Foil requestMonday, April 20, 2009 9:47 AM

From: "Mathes, Todd" View contact details

To: "'[email protected]'"

Cc: "'supervisor'" ,

"'[email protected]'"

Message contains attachments3 Files (514KB) | Download AllSCAN0104_000.pdf

Ltr to St Lawrence re Completeness 021209.pdf

Ltr to Planning Board re Completeness 032309.doc.pdf

Cliff

In response to your FOIL request to the Town of Cape Vincent (attached), I have

contacted The Bernier Carr Group and Cavanaugh Tocci & Associates to obtain

responsive materials. At this point it appears that the attached materials are the only

materials responsive to your request which were submitted to the Towns Planning

Board and that the remainder of the materials in the Towns possession are either not

responsive to your request or are intra-agency or inter-agency correspondence exempt

from FOILs disclosure requirements pursuant to section 87(2)(g) of the Law. The Town

will continue to inventory materials responsive to your FOIL request which were

supplied by Cavanaugh Tocci & Associates either directly to or through The Bernier Carr

Group to the Towns Planning Board and/or Wind Law Committee.

Thank you.

Todd M. Mathes

Whiteman Osterman & Hanna LLPOne Commerce Plaza

Albany, New York 12260


4/13

[email protected], April 21, 2009 2:15 PM

From: Clif Schneider [mailto:[email protected]]

Sent: Tuesday, April 21, 2009 2:15 PM

To: Gregory C. Tocci

Subject: Reviews and recommendations for Cape Vincent

Hello Greg,

I am currently beginning my review of the St. Lawrence Wind Farm supplemental DEIS. I

have spoken with Todd Mathes, attorney representing the Town of Cape Vincent,

regarding having access to any reviews or sound reports and recommendations to the

Town regarding a wind law. Mathes told me I would have to FOIL for any internal

documents and further added he would consider privileged material anything your

company prepared for the Town's engineering consultant or the Planning Board. I

mentioned I already had a copy your first review of the BP sound study by Hessler, but

would like to see other material.

I mentioned to him I would be contacting you, not to request copies of the material you

prepared, but rather just to understand the extent of material you prepared for the

Town.

I have the copies of the following material you prepared for the Towns of Cape Vincent

and Clayton: 1) Jan. 30, 2008 review of BP's DEIS for Cape Vincent, 2) March 14, 2008

draft wind ordinance for the Town of Clayton, and 3) April 25, 2008 review of the Clayton

Wind farm noise study.

Mathes also provided me with a summary of what occurred with sound and other issuesleading up to the acceptance of the SDEIS. I saw a number of unresolved issues that

were presented in a memo from Kris Dimmick. However, in another memo provided by

Mathes he shows what changes were made, but the substantive issues Kris (and I

assume your company, too) highlighted were not addressed to my satisfaction. I doubt if

your were totally satisfied as well.

My question: Aside from the material I have from your company outlined above, are

there other reviews/reports that I should go to lengths to acquire, or do those

documents I note above provide your major points of concern?

I don't want to put you in an uncomfortable position, I just don't want to waste time

going after some of the additional reviews and recommendations your company has

made, if there isn't much more there than what I currently have.

As I mentioned, I've told Mathes that I'd contact you, not to request the reports, but to

have a better understanding of what reports are "out there." I also said I've been

supportive of the advice you and Bernier & Carr have provided the Town and all I want
mailto:[email protected]:[email protected]:[email protected]


5/13

to do is support the Town's consultants if your recommendations are challenged by

Hessler, BP and AES-Acciona. Mathes wasn't impressed with my helpful sincereity.

Thanks for any information you can provide. I also won't be offended if you tell me my

request is out of bounds.

Regards,

Clif Schneider

P.S. I'll be presenting a paper on background sound levels in Cape Vincent at this

summer's INCE InterNoise conference in Ottawa. My data show the lowest levels near

the floor of my meter, e.g., 25 dBA. I also show that atmospheric stability (from my own

DIY met tower) are more common than wind developers would have us believe (67% of

nights from June-October). These results paint a different sound picture of Cape Vincent

compared to Hessler's studies.


6/13

FW: Reviews and recommendations for Cape Vincent Wednesday, April 22, 2009 3:55

PM

From: "Kris Dimmick" View contact details


Cc: "Gregory C. Tocci" , "Mathes, Todd"

Cliff

Greg and I discussed your request and agreed it would be best for this request to also go

through the towns legal council.

Congratulations on the conference presentation.

Kris


7/13

FUCILLO EMAIL - Sunday, May 24, 2009 8:52 PM


Sent: Sunday, May 24, 2009 8:52 PM

To: Thomas Fucillo

Subject: Fw: Cape Vincent Foil request

Tom,

Yes I asked in writing and got the response below from Todd Mathes

.

Check out the Ltr to Planning Bd. See memo from Kris Dimmick (Bernier Carr consulting

engineer to town) regarding his and Cavanaugh-Tocci (consulting acoustic engineers)

concerns regarding the SLW SDEIS. There are ten points they wanted addressed, but see

all the non responses listed beside the issues. Also, review memo sent from Mathes

(town atty) to SLW asking them to semi-address only one item, instead of striking use of

LEQ, big Todd says, revise the language. Some big issues were identified, too. Like

Hessler can't use the regression technique to estimate background noise, and they can't

use 0.5 as a ground absorption coefficient in their modeling. These aren't little things,

but Todd chose to forget about them.

I confronted Todd and PB at last saturday's hearing saying they were not listening to

their paid advisors. Todd handed me some BS and I ended up sending him another

letter asking again for the material and asking what basis are you exempting Tocci's

reviews of Hessler's work?

Now you can see why I think it might be a good tactical move to insist on having

Dimmick and Tocci review Schomer's report and mine (I've attached a copy) and relate

to what Hessler is saying. My guess, todd won't want tocci doing anthing -- he probablywants him on the payroll and thereby can tell him to sit tight be quiet until this project is

approved. Perhaps I'm a bit too paranoid.

Sorry for the long treatise on a Sunday night

Got to go watch Orlando beat the Cavaliers!

Clif


8/13

FUCILLO RESPONSE - Tuesday, May 26, 2009, 11:08 AM

From: Thomas Fucillo

Subject: RE: Cape Vincent Foil request


Date: Tuesday, May 26, 2009, 11:08 AM

Clif, I hadn't seen these before. Did the applicant ever respond? If not, how did the

Planning Board get from the point of asking for additional information to the point of

scheduling a hearing and requesting comments.


9/13

Tuesday, May 26, 2009 11:46 AM


Sent: Tuesday, May 26, 2009 11:46 AM

To: Thomas Fucillo

Subject: RE: Cape Vincent Foil request

Tom,

No, the applicant never responded, but I didn't think they were obligated to respond. I

first went to Tom Rhienbeck around April and asked to see all the material related to

noise issues that was provided by Greg Tocci to the Planning Board and also the Town's

wind law committee. After some initial reluctance, Rhienbeck agreed to let me see the

documents. He added that he hadn't seen them either. I said I'd contact Tocci and

Dimmick let them know you agreed to let me see the material and I'll request they send

copies to you, too. I got responses back from both Tocci and Dimmick that I would have

to contact Todd Mathes for any of these materials. Todd of course told me I'd have to

FOIL the reports and even then he'd consider them exempt from FOIL laws.

Going from a request for additional materials to scheduling a hearing was all

orchestrated by Mathes. As you can see from the memos provided me by Mathes, he

never passed along the substantive questions from Tocci/Dimmick to the developers --

he gave them a free pass. This was the point I made at the public hearing -- of ten items

requested by your technical experts you required developers to respond to none of

them. I believe I said, why pay the experts if you aren't going to listen to their advice.

Clif


10/13

RE: Cape Vincent Foil requestTuesday, May 26, 2009 1:08 PM

From: "Thomas Fucillo" View contact details


Doesn't make any sense to me. I am going to make a short supplemental comment

based upon the memos you provided.


11/13

0035


12/13

0035


13/13

December 2, 2010

Ms. Michelle Bouchard Town ClerkTown of Cape Vincent

1964 NYS Rte. 12E

Cape Vincent, NY 13618 FOIL REQUEST

Dear Michelle:

This letter is a FOIL request for copies of documents that pertain to any communication

from 2007 to present between the town and its consulting engineers (Bernier-Carr and

Cavanaugh-Tocci) regarding the noise issue, as it pertains to wind project proposals.

I would also like a copy of the town's insurance policy that deals with Directors and

Officers.

I will compensate your office for any costs associated with complying with my request.

Thank you.

Sincerely yours,

Clifford Schneider

PO Box 165

Cape Vincent, NY 13618

History of FOILED Engineering Requests

Documents

Transcript of History of FOILED Engineering Requests