The Town's Zoning Board of Appeals, Jefferson County Supreme Court and theAppellate Division, Fourth Department each affirmed the Town's classification of the Project as
a "utility," and none of these entities found fault with the conduct of the Town's officers or
employees. (See Exhibits "B," "C" and "D," copies, respectively, of the Cape Vincent Zoning
Board of Appeals, Supreme Court and Appellate Division decisions).
As Supervisor, I was similarly of the opinion that all of the Town's officers and
employees were acting appropriately. In fact, so as to comply with the mandate of Article 18 of
the General Municipal Law as well as the Town's Ethics Code (see Exhibit "E"), the Tovvn's
officers and employees, including members of the Planning Board, disclosed at the outset of St.Lawrence's application for site plan approval whatever direct or indirect connection they might
have had with the wind companies that were obtaining leases in the Town.
The intent was to ensure compliance with the law, rendering our Town's
government open and ensuring that the affiliations, if any, of our officers and employees with
wind companies were known not only by other officers and employees of the Town, but by the
Nevertheless, facing continued criticism and the possibility of further litigation by
Petitioner, in 2008, the Town's special counsel provided additional assistance regarding the
disclosure and recusal requirements set forth at Article 18 of the General Municipal Law.
Following receipt of counsel's advice, the Town's officers and employees again
formally disclosed any direct or indirect relationship they had with the wind and land companies
that were obtaining leases within and outside the Town.
The disclosures were presented in writing at a publicly noticed Town Board
Exhibit "F," Conflict Disclosures).