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History of FOILED Engineering Requests

History of FOILED Engineering Requests

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This is the history of the FOIL request of Engineering documents in question
This is the history of the FOIL request of Engineering documents in question

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Published by: pandorasboxofrocks on Jan 14, 2011
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11/26/2012

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ENGINEERING CORRESPONDENCE REQUEST HISTORY

--- On Fri, 4/3/09, Clif Schneider <cpschneid@yahoo.com> wrote: From: Clif Schneider <cpschneid@yahoo.com> Subject: Cape Vincent Sound Studies Correspondence To: "Kris Dimmick" <kdimmick@TheBCGroup.com> Cc: "Tom Rienbeck" <capevincentsupervisor@nnymail.com>, "Gregory C." <gtocci@cavtocci.com> 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

RE: Cape Vincent Sound Studies CorrespondenceMonday, April 13, 2009 3:45 PM From: "Kris Dimmick" <kdimmick@TheBCGroup.com> To: "Clif Schneider" <cpschneid@yahoo.com> Cc: "Mathes, Todd" <tmathes@woh.com>, capevincentsupervisor@nnymail.com Clif I spoke with both Tom and Todd about your request. The Town would like to follow a consistent process of releasing information through their attorney for all requests. Please contact Mr. Todd Mathes directly at 518 487 7666. Kris

Cape Vincent Foil requestMonday, April 20, 2009 9:47 AM From: "Mathes, Todd" <tmathes@woh.com>View contact details To: "'cpschneid@yahoo.com'" <cpschneid@yahoo.com> Cc: "'supervisor'" <capevincentsupervisor@nnymail.com>, "'capevincentclerk@nnymail.com'" <capevincentclerk@nnymail.com> Message contains attachments3 Files (514KB) | Download All SCAN0104_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 Town’s Planning Board and that the remainder of the materials in the Town’s possession are either not responsive to your request or are intra-agency or inter-agency correspondence exempt from FOIL’s 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 Town’s Planning Board and/or Wind Law Committee. Thank you. Todd M. Mathes Whiteman Osterman & Hanna LLP One Commerce Plaza Albany, New York 12260

gtocci@cavtocci.com Tuesday, April 21, 2009 2:15 PM From: Clif Schneider [mailto:cpschneid@yahoo.com] 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 issues leading 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

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.

FW: Reviews and recommendations for Cape Vincent Wednesday, April 22, 2009 3:55 PM From: "Kris Dimmick" <kdimmick@TheBCGroup.com>View contact details To: "Clif Schneider" <cpschneid@yahoo.com> Cc: "Gregory C. Tocci" <gtocci@cavtocci.com>, "Mathes, Todd" <tmathes@woh.com> Cliff Greg and I discussed your request and agreed it would be best for this request to also go through the town’s legal council. Congratulations on the conference presentation. Kris

FUCILLO EMAIL - Sunday, May 24, 2009 8:52 PM From: Clif Schneider [mailto:cpschneid@yahoo.com] 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 probably wants 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

FUCILLO RESPONSE - Tuesday, May 26, 2009, 11:08 AM From: Thomas Fucillo <tfucillo@menterlaw.com> Subject: RE: Cape Vincent Foil request To: "Clif Schneider" <cpschneid@yahoo.com> 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.

Tuesday, May 26, 2009 11:46 AM From: Clif Schneider [mailto:cpschneid@yahoo.com] 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

RE: Cape Vincent Foil requestTuesday, May 26, 2009 1:08 PM From: "Thomas Fucillo" <tfucillo@menterlaw.com>View contact details To: "Clif Schneider" <cpschneid@yahoo.com> Doesn't make any sense to me. I am going to make a short supplemental comment based upon the memos you provided.

003597

003598

December 2, 2010 Ms. Michelle Bouchard – Town Clerk Town of Cape Vincent 1964 NYS Rte. 12E Cape Vincent, NY 13618 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,

FOIL REQUEST

Clifford Schneider PO Box 165 Cape Vincent, NY 13618

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