Cape seeks opinion on possible conflict

CAPE VINCENT —Town Supervisor Urban C. Hirschey has asked for state Attorney General Andrew M. Cuomo's opinion on wind farm-related conflicts of interest in the town.

Mr. Hirschey asked if two councilmen who have signed leases with wind developers may participate in discussions on a wind zoning ordinance, vote on the ordinance and vote on a payment-in-lieu-of-taxes agreement, road use agreement or other town agreements with wind farm developers.

The attorney general's office has the letter, dated Feb. 2, under review, a spokesman said.

Mr. Hirschey said he hoped an opinion by the attorney general's office would give the council clear direction and fend off lawsuits in the future.

"It might save taxpayers a lot of money," he said. "If the state weighs in on one side or the other, the other side may not think it's worthwhile to challenge it in the courts."

So far, the two councilmen, Marty T. Mason and Donald J. Mason, voted on a townwide moratorium for wind power development in January. They opposed the measure, which was shot down 3-2.

They also participated in two discussions on a wind zoning amendment with other councilmen, Planning Board members and members of the town's wind committee from 2008.

"The law being considered is of general applicability to the Town as a whole and is not specific to any particular property let alone the property of an individual Board Member," Mr. Hirschey wrote. "Indeed, all Board Members have property that would be affected by the law in some way."

Mr. Hirschey was in leadership with the Wind Power Ethics Group before he was elected supervisor. That group has vociferously opposed council and Planning Board members with signed contracts with wind developers voting on wind-related issues.

Councilman Brooks J. Bragdon also is a member of the group. Mr. Hirschey said the two agreed that if the attorney general approves Marty and Donald Mason voting, "we're not going to contest it."

In the letter, he asked for a quick response based on a possibly tight time line.

"The state should weigh in on it anyway," he said Thursday. "It's upsetting — there's been so much suffering at the local level."