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Tuesday, April 2, 2013

Commercial Wind Turbine Approved For San Leandro’s Shoreline As Residents Ready For A Lawsuit

SAN LEANDRO CITY COUNCIL//ENVIRONMENT | Approval for a single 100-foot wind turbine on the San Leandro shoreline was reaffirmed Monday night by the San Leandro City Council, 5-1, leaving residents at the nearby Heron Bay housing development to weigh their next move, possibly a lawsuit in Superior Court.

“The [Heron Bay Homeowners Association} board has to make formal vote on it, but I think we were committed before and we’re committed now that we will be filing in Superior Court,” said Alan Berger, the attorney for the homeowners association. “We absolutely do not feel the board of zoning and the city council followed all of the voluminous case law in California for a mitigated negative declaration.”

The city’s Board of Zoning and Adjustments Feb. 7 approved the 100-foot height variance sought by San Leandro wind turbine manufacturer Halus Power Systems to erect the monopole for both research and development and for defraying energy costs at the 10-employee company. Homeowners at the shoreline residential community, however, raised doubts over the findings of a mitigated negative declaration conducted by the city that found the wind turbine posed no significant damage to the environment. The same group has repeatedly urged the owner and the city to perform a more rigorous and costly environmental impact report to further study the issue.

But, city staff said opponents of the wind turbine continually failed to present scientifically-verifiable evidence for their assertions the turbine would greatly harm birds, including some nearby endangered clapper species, nor prove it posed potential health concerns for residents some as close as 300 feet from the proposed monopole.

Whether the city’s approval of a wind turbine sets a precedent for others to sprout in San Leandro is up for debate. San Leandro Mayor Stephen Cassidy argued the council’s decision would not set a precedent for other wind turbines since the conditional permit for the wind turbine to be erected by Halus is uniquely connected to the company’s purpose as a turbine manufacturer. When the owner of Halus Louis Rigaud was asked whether he planned only one wind turbines on his property in the future, he said, “That’s all we want to put up.” Nevertheless, Cassidy added an amendment to the motion that would bar additional wind turbines on the Halus property.

“Clearly it is a precedent,” said Berger after the council’s decision late Monday night. “The condition the mayor imposed is ridiculous. He didn’t get the fact he’s saying we’re not going to let more than one wind turbine on this property, but he doesn’t get it that it’s a precedent for every other property in San Leandro.”

Berger also faulted Councilmembers Michael Gregory and Jim Prola for linking their support of the wind turbine to helping alleviate the city’s noted high rate of asthma. “If you’re saying, that this wind power is so important for single turbines and it’s going to cure diseases and make us green then how do you tell any other business owner in San Leandro you can’t have a 100-foot turbine on the same exact theory.”

Prola, the most liberal member of the San Leandro City Council, described himself as an environmentalist Monday night and said he could not oppose what he called a green tech proposal. “I’m probably involved with more environmental groups that you can shake a stick at,” he said, also noting none have communicated to him any opposition to the wind turbine proposal. “How can I say I’m for green technology and vote against a wind turbine?”

The wind turbine controversy has become an unlikely nexus two competing visions for San Leandro. One which strives to maintain a reputation as a quiet, relatively safe bedroom community, versus a vision of the former factory town growing into a 21st century hub of green tech innovation. The city’s initial exuberance to add Halus and its wind turbine company to the list of green tech firms may have put the proposal on an early turbulent path. Last June, Heron Bay residents said they were blindsided by a relatively unpublicized announcement asking for public input over the wind turbine proposal. However, the city, citing the bare minimum, only notified homeowners within a 300-foot radius of the proposed monopole, which encompassed less than a dozen homes on the southwestern edge of the Heron Bay community. In addition, news of the proposal only became widespread among Heron Bay residents just days before the end of the 30-day public comment period. The public relations snafu alienated many residents who believe the city was intent on pushing through the proposal without consulting with the public.

Councilmember Ursula Reed, who registered the only no vote Monday night, faulted city staff for not offering information about the proposal to the development’s large number of Asian Americans, estimated to make up 75 percent of the community’s 1,500 residents, and some of which possess limited proficiency in English. “A major of residents in Heron Bay speak Mandarin or Cantonese,” said Reed. “I think not having information in those languages could have aided in that confusion in that community.” Councilmember Benny Lee, who represents Heron Bay in District 4, recused himself from the discussion. Lee is a former Heron Bay HOA president who had led the early opposition to the Halus wind turbine proposal before being elected to the council last November.

331 comments:

  1. City don't care about homeowners rights and only care about business that don't serve community. Halus owner changes story many times. Halus owner said in homeowners meeting his wind turbine is to save him his thousand dollar monthly electric bill. He change his reason to research and testing old refurbished turbine. Council don't care for homeowners who spend their lives saving for home. Shame on council and Halus.

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  2. From the outside looking in, this is an interesting issue. Is it simply NIMBY or is it real? How are the Heron Bay residents affected? What is the benefit of the windmill?

    If it is simply to generate electricity, solar is more effective and cheaper. It would seem to me that the city ought to only consider windmills if the applicant had already installed solar.

    In this case, it seems the windmill will function more as a sign for the business than a source of electricity.

    As an aside, no one who is concerned with birds being killed ought to own a cat. There are better arguments against a windmill, primarily visual pollution and noise. In the end, the residents can use the windmill as part of their directions "Go to the windmill and turn left at the next street."

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  3. Heron Bay residents, their friends and relatives live in San Leandro, do not vote any of re-elect candidates who in favor of Halus .

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  4. By the way, do not vote for Mike Katz who might run for district 4 in 2014, he made public comment in BZA hearing supporting Halus against homeowners.

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  5. 707 District 1 in 2014, No Vote to Mike Katz.

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  6. On Marijuana controversy, Diana Souza said she would listen to constituents, what happened with her ears to Heron Bay Controversy?

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  7. Take city to court, teach them a lesson never pick on Churches and Homeowners.

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  8. Reason for EIR is for independent facts and not put homeowners and concerned citizens at disadvantage. Council don't care about facts, just listen to one side supporting Halus. Halus owner misrepresent facts to avoid EIR but okay for council to accept. Mayor and council only question homeowners and citizens assertions requesting for EIR and not require EIR independent facts which is backwards. Courts will see different.

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  9. Halus owner said requirement is 2 times height of wind turbine was standard for setbacks. He is expert with more than 10 years in wind industry so he knows requirements better than homeowners.

    Why did he lie to council about 2 times height? The publication link on page 12 says 3 times height? Why city not correct this? Reason is because city doesn't care about facts of Halus that is wrong. City only wants homeowners facts to be wrong. Homeowners asking for facts through EIR but city doesn't care for homeowners requesting for facts. These staff should be fired. Council who vote in favor of Halus don't care for homeowners and should be all fired.

    http://www.energy.ca.gov/2005publications/CEC-500-2005-184/CEC-500-2005-184.PDF

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  10. We need more energy to come from solar and wind instead of natural gas and coal. Vice Mayor Gregory was right when he said San Leandro has the highest rates of asthma in the county. This has serious effects on the elderly and especially our children.

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  11. Couple of things: Mike Katz pulled papers to run for Gregory's termed out seat in 2014. He filed with the clerk the day after the November election last year.

    Second, the asthma argument for the wind turbine is specious. It's only one turbine and not meant to contribute green energy to the community. In fact, the issue seems to bring ridiculous stateme to from SL officials. Recall when BZA Commissioner Philip Daly asked whether the wind turbine was powered by gas?

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  12. City accepted multiple lies from Halus disregard the facts. Mayor, council, city staffs relinquish their duties to protect common peoples' rights and homeowners' rights. Superior Court wouldn't allow lies and will protect many homeowners's property rights.

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  13. Halus uses orbital sanders to sand off paint in the exterior of their lot from the old turbines that contributes to both toxic paint, metal, plastic and fiber glass particulates into the air and water.

    The city sees only green technology but doesn't understand refurbishing old turbines is not new green technology and is not technology at all. Toxic particulate by-products are produced from their refurbishing process that goes into our air and waterways.

    How's that for helping asthma or any respiratory illness? How's that helping the environment when it washes into our watersheds?

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  14. HOA attorney should including not only the City to pay for all the court, attorney fees and also any damages that have caused to the homeowners.

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  15. 1208 well said.

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  16. Cape Cod community considers taking down wind turbines after illness, noise

    Read more: http://www.foxnews.com/politics/2013/02/26/cape-cod-community-considers-taking-down-wind-turbines-after-illness-noise/#ixzz2PQwaEzPW

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  17. http://www.foxnews.com/politics/2013/02/26/cape-cod-community-considers-taking-down-wind-turbines-after-illness-noise/

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  18. The asthma argument is not specious because Halus wants the wind turbine for research and development. This means they can refurbish and rebuild better and more efficient wind turbines before they ship them out. How many more natural gas plants do they have to build on our shoreline (like Hayward) before we wake up and realize that wind and solar need to replace gas and coal which lead to more pollution and global warming around the world. I live in San Leandro and I'm glad the Council voted the way they did. They are supposed to represent the whole city not just Heron Bay.

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  19. City and Council represent Halus.

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  20. Hayward natural gas plants provide energy to San Mateo residents not benefiting Hayward or this side of town at all. San Mateo County has many mountains, hills and spaces for natural gas plants, why plants in Hayward?
    Lobbyist for Hayward deal was Gordon Galvin in exchange for a million dollar library in Hayward.
    Prior Halus moved to SL was based in Hayward, Galvin and chamber doing it again, Halus is not benefiting SL - hey - we want a million dollar library too!

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  21. Anon above -please take some science courses. Then you will understand global warming, pollution, wind currents, etc. We need to replace gas and coal with alternate forms of energy like solar and wind. The wind currents carry pollution from gas and coal to San Leandro as well as around the globe. Building more wind and solar eliminates the need for more gas and coal plants. Hydrocarbons are the main cause of asthma which effect our children and seniors at an alarming rate.

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  22. Got it! One old turbine represents city of San Leandro and Heron bay residents are Guinea Pigs living right next to a testing 100ft tall object with turning blades and toxic sand dusts flying in air. Honorable Mayor, council, city staffs to sacrifice Heron Bay Residents to save global warning.

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  23. 235 aka vice mayor Gregory: Can you explain how helping asthma or any respiratory illness? How's that helping the environment when Halus uses orbital sanders to sand off paint in the exterior of their lot from the old turbines that contributes to both toxic paint, metal, plastic and fiber glass particulates into the air and water.

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  24. 235 might took some science courses but lack of critical thinking of the whole scenario.

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  25. What qualifications does Halus owner have for R&D? He has a BS degree in accounting and psychology. He's a do it yourself mechanic who strips paint with orbital sanders and replaces old parts so that makes him qualified to do R&D?

    Real wind turbine technology companies have wind tunnels and test their products in areas far from homes or in safe environments. City is full of people who only listens to business interests and don't do adequate research but expects more from ordinary homeowners.

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  26. My family and I live in the Mulford area of San Leandro and most of the people I talked to yesterday and today support the Council's action. Heron Bay was built on wetlands and destroyed many birds and mammals. If you live there and have a cat, your cat will kill birds and salt marsh harvest mice, an endangered species, if let out of your house. Don't pretend you care about the environment when the house you live in destroyed the wetlands. Many residents in San Leandro fought against the development. Halus is trying to do something good for the environment by creating wind turbines that reduces the use of more fossil fuel plants that will eventually destroy the air we breathe. We should rejoice that Halus is trying to help make the world a better place. Stop being a bunch of NIMBY's.

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  27. 417 if you, your family and most of the people that you talked to that indeed care about environment prior Heron Bay Houses were built - you all should fought to the end, stop being bunch of cowards.

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  28. 417 Rejoice "old second hand turbines" to help make a better world... You should also thank and rejoice to have more hang me down stores and business in san Leandro.

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  29. 417 Do not assume many Heron Bay homeowners knew the history of this was a wetland. Most of us were told by the builder that this piece of land previously was an old gun manufactory and builder must laid 3 feet of mud on top to comply safety/hazard code to cover the gun powers(matter of fact, it was one of the acknowledge documents to sign).
    When we visited the new houses didn't see you or your friends anywhere in sight for environment alert.
    Can someone verify this was a wetland or a deserted old gun factory.

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  30. I've been reading these posts and I agree with Anon 4:17. We in the Manor also fought against Heron Bay and destroying the wetlands. The developer was too powerful and we lost after fighting long and hard. If you are worried about your health, you should know that Heron Bay was built on the old Trojan explosives site, and although some topsoil was hauled off to a hazard disposal site, some was left on site and covered over. Your development is on top of some toxics. Check the records. I think Halus is doing the world a favor by doing research and improving on the older model wind turbines when they refurbish them. We have to get rid of coal and gas and nuclear power plants and get cleaner energy. I don't want to have our children be forced to wear masks like they do in some third world countries. Thank you Halus, and Thank you City Council.

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  31. 533 it was a gun power factory. Builder was required to put at least 10 feet of mud on top of existing land to cover the residue of gun powers. Builder put 13 feet.

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  32. 538 How funny, we talk to many people also live in Manor, they think wind turbine should not be close to residents.

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  33. 538 The toxic cleanup was paid for by the developer which also set aside over 300 acres of wetland preserve and built the bay trail. The wetlands and bay trail to Marina are maintained by property assessments levied on Heron Bay homeowners. If not for Heron Bay homes being built, you'd still have toxic wetlands leftover by Trojan Powderworks and no money for preserving the wetlands and maintaining the natural bay trails.

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  34. How Heron Bay houses destroying wetlands?
    Since gun power factory built prior to homes, did anyone protest to the gun power factory when it first built on wetland?
    Heron Bay is a piece toxic land and no one in San Leandran willing to stand out to alert the new home buyers and their children, today you, your family,your friends, and neighbors are crying and worrying your and their children... So, Heron Bay folks and their children are not people or viewed as second class citizens.

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  35. 417 I don't understand why you bring up cat ownership since it's not exclusive to Heron Bay and has nothing to do with Halus other than Mr. Rigaud putting out dishes of food to feed the ferals. Hate Heron Bay homes and their residents by saying so.

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  36. 538 You don't want your children to wear masks but your okay with the children of the surrounding communities breathing in Halus' wind turbine refurbishment sanding toxic particulates and fresh paint fumes. Your okay with these toxic by products getting into our air, environment and waterways? Clean energy at the expense of some is not okay. Mind if I sand paint, metal, plastics, and fiber glass out in the open space daily next to your community?

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  37. Heron Bay has the largest concentration of residents with asian ancestry in San Leandro. Those posting against Heron Bay residents are in the closet for hiding their despisement of asians. Search the back of your minds and stop hiding behind your token asian friends who you think less of.

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  38. Heron Bay bloggers stop your whining and crying. Clean energy protects your elderly people and children too. Take the time to read the mitigated negative declaration and the mitigation monitoring program which says you have nothing to worry about. I'm tired of the misinformation you are spouting on this site. Most San Leandro residents are in favor of clean energy and glad to have a clean energy company in our city. The mitigated negative declaration said their are NO significant impacts and if you read it you will know it's accurate. It was done by professionals, not amateurs. No city, state of federal agency assigned to protect us had any problems with it's accuracy.

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  39. 628 Let Superior Court judge decide that.

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  40. 628 We don't want Halus's sand paint, metal, plastics, and fiber glass out in the open space daily next to our community.

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  41. 628 We're not bloggers and we have no problem with clean energy done properly. An EIR would have resolved this which an MND denies. A poster above gave us the below link. Of course, there's no facts on this even though the community will look to spend $15 million to take it down.

    http://www.foxnews.com/politics/2013/02/26/cape-cod-community-considers-taking-down-wind-turbines-after-illness-noise/#ixzz2PQwaEzPW

    Here's a few more links that the city said weren't facts:
    http://www.youtube.com/watch?v=lvvRHhsQhi8
    http://www.youtube.com/watch?v=uydJJdQzZv8
    http://www.youtube.com/watch?v=jCyQD83NLDc

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  42. Wind turbine catches fire during storms

    http://www.youtube.com/watch?v=jCyQD83NLDc

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  43. Halus Turbine only 300 feet away from homes!

    Out of Control Turbine shuts down roads.

    http://www.youtube.com/watch?v=uydJJdQzZv8&NR=1&feature=endscreen

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  44. Again, Halus Turbine only 300 feet to homes!

    Windmill disaster

    http://www.youtube.com/watch?v=-YJuFvjtM0s

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  45. Not all windmills have disasters.

    http://www.youtube.com/watch?v=8NAAzBArYdw

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  46. If we kill an endangered species, we'd be going to the slammer. Windmills are allowed to kill endangered species without any repercussions so they are ABOVE THE LAW. For you cat lovers, killing is in their nature so that doesn't count, but erecting a wind turbine is one way to kill eagles and other endangered raptors on the verge of extinction for free.

    http://www.youtube.com/watch?v=CEersoJLtRw

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  47. People on this string are too emotional. People across the country are dying from diseases including asthma, heart attacks, strokes and cancer caused by fossil fuels. Clean energy like wind and solar is the only answer to the carbons and hydrocarbons that are destroying our planet. This company is doing research to build better and safer alternatives like this small wind turbine that all the scientists say is one of the answers to the pollution of gas and coal. Do we all want to have the pollution that China does and have to wear breathing masks when we walk outside. Solar and wind power will be the future energy of the world. Wind turbines are far safer than where you are getting your energy from now. Ask 99% of the atmospheric scientists!


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  48. GQ 1229:
    What do you have to say Halus' wind turbine refurbishment sanding toxic particulates and fresh paint fumes, toxic by products getting into our air and water?

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  49. There are regulations and controls built into the documents --please read the mitigated negative declaration and the Mitigation Monitoring Program per the California Environmental Quality Act. Halus would be stupid to allow toxics to get into our air and water because they would be heavily fined and they would be shut down. They will be monitored by city and state officials. California has very strict penalties and regulations. You should worry more about the Natural Gas Plant in Hayward and it's pollutants as well as the electrical transmission lines and towers that run along the edge of your development--they are really dangerous to your health and well being.

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  50. This in from NASA. Windfarms accelerate global warming.

    http://www.nasa.gov/topics/earth/features/tx-wind-farm.html

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  51. We want to read EIR report.

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  52. NASA Satellite Measurements Imply Texas Wind Farm Impact on Surface Temperature.

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  53. 1018 Your regulations and controls are bull. Wind turbines are given a PASS on killing federally endangered raptors, just watch youtube news. Truth is, council favors one business over property rights of thousands of homes in area meaning one business more important than homeowner rights.

    Thank you Heron Bay for fighting city!

    http://www.youtube.com/watch?v=CEersoJLtRw

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  54. A new Energy Council Joint Powers Authority for Alameda County has been formed with the goal to bring more sustainable energy to the area, according to media reports.

    The Oakland Tribune reports that the newly formed entity was created by the Alameda County supervisors in order to go after sustainable energy grants, which include grants totalling $42 million that are available through the Bay Area Regional Energy Network.

    So far, Albany, Berkeley, Emeryville, Hayward, Oakland, Piedmont, San Leandro and Union City, as well as Alameda County, have signed on to the Energy Council, as the new JPA is called. They will pursue sustainable energy grants, including $42 million available through the Bay Area Regional Energy Network.

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  55. NASA is wrong on global warming. Stupid rocket and space scientist with no good phds know nothing about global warming. Halus owner says he's doing this to fight global warming. He has accounting and psychology degree so he knows better than NASA and better than you.

    http://www.nasa.gov/topics/earth/features/tx-wind-farm.html

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  56. News on Wind Turbine and Health Problems.

    http://www.youtube.com/watch?v=lm0Oe8J6qT8



    http://www.youtube.com/watch?v=lm0Oe8J6qT8

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  57. Those are different type of wind turbines. That's why his very small wind turbine on a tall pole to get the wind, is for research and development. This is why his business is so important to improve wind turbines and make them even better. The exact same model has been in a Rio Vista Trailer park for years and has created NO sound or health problems for the residents. Another fact--the biggest and worst wind turbine creates LESS health problems or environmental problems than the cleanest coal or natural gas plant . In other words next to solar it is the cleanest energy we have. Germany gets most of their energy from wind and solar with no problems. Remember fossil fuels create much MORE health an environmental problems than wind. That's why the EPA is pushing for more solar and wind and less dirty fossil fuel plants. Get a clue!

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  58. Halus' wind turbines are old technology.

    Wind power is one of the fastest growing forms of alternative energy in the world. More and more, wind power mills are seen in the countryside, in large wind farms and for the most part, away from city life. But a new form of wind power is now designed to work in an urban environment

    http://www.youtube.com/watch?v=fNudnI5tzf8

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  59. Again, Halus', your, wind turbines are old technology, stopping using research & development as an excuse to put your bill board next to many homes marketing you business.

    Below link shows you what's the latest windmill model, small and bird friendly.

    http://www.youtube.com/watch?v=fNudnI5tzf8

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  60. Again, it's amazing how many people haven't read the documents. There will be no advertising on the wind turbine. There will be no significant environmental impacts. If there was they would be forced to do an eir. Fish and wildlife as well as other government agencies said no significant impact with this wind turbine. Read all the documents before you keep making inaccurate statements.

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  61. 139 It will be the first wind turbine on the bay shorelines that everyone can see. The documents are just papers with no teeth and backbone for enforcement. Is news lying about the double standard on enforcement. Is city really going to enforce or push back on agency that will do no enforcement? City doesn't care about thousands of homeowners and only cares about one business.

    http://www.youtube.com/watch?v=CEersoJLtRw

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  62. 139 City gave Halus more time and support than homeowners. City allowed Halus to cancel meeting for several months. City gives Halus all time to talk at BZA but gives HOA attorney few minutes. City deliberately doesn't share process with HOA attorney. Documents aren't worth much when process serves one business over thousands of homeowners. Doesn't this sound like city is conspiring against thousands of homeowners to favor one business.

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  63. I have been reading about this and I agree with anonymous 1:39. It wasn't just the city, it was the State fish and wildlife and the 2 County East Bay Regional Park District that all said no significant impact. I'm in District 3 and live near an industrial area and I think this is appropriate for your area. You knew you were moving next to an industrial area. Personally My family wants more wind and solar instead of fossil fuels. The council has to represent all of the city not just Heron Bay.

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  64. I live in District 2, my grandparents live in District 1, my uncle and aunt live in District 3, my cousins live in District 4, my other uncles and aunts live in District 5, most my friends live in District think Halus's wind turbines are old technology, what more to research on a 1950 old Ford automobile.
    Does city really care what's behind the motive of this one businessman at the expenses of many homeowners?

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  65. Council should apply wind mill to all areas in city and not just one community in San Leandro that has largest asian population. Council does this to just one community because they think large asian population easy target to discriminate. Council very wrong!

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  66. Halus made lots of money without wind turbine in place. Bulls**t R&D and testing as he's no scientist nor are his workers. He just wants the first wind turbine on shoreline.

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  67. actually, the high astma rate in san leandro due to the two major highways that intersect us, 880 and 238. there was a study done several years ago on this very subject. halus will not cause astma. tony santos

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  68. Council take largest asian community for granted. We will remember council's decision at the polls. We support HOA to sue City's pants off.

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  69. I only believe in EIR report.
    People pretend or think they ere experts.
    City doesn't have any wind turbine policies written in place!! This old turbine is treated as a "structure".
    Support Heron Bay to sue city's ass off, teach city a lesson never pick on common citizens ever again.

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  70. This "structure" is moveable. Does City have policy for "moveable structure" in place?

    City's pants on fire!

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  71. Heron Bay attorney, Allen Berger, is about to set another "Landmark Case" in San Leandro!

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  72. One of the city ass't attorneys assigned to the City Staff was reading from the book and never mentioned "wind turbine" only referred to "structure".

    Heron Bay, please sue for couples of millions.

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  73. Halus don't give benefit to San Leandro. They fix old windmill by sanding paint and replacing parts. No different than fixing old car. Not new technology and not green, you idiots.

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  74. Can an old car erect to the air 100ft high in SL industrial zoning?

    City probably approve it under "structure" policy.

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  75. Now we don't want EIR anymore, we just want the city to lose this Landmark Case completely as a reminder "never pick on common people, citizens nor any minorities"!

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  76. City thinks Heron Bay HOA hired a Landmark Case Attorney for fun.

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  77. Erase EIR, no more Green Act talk.
    Let's discuss "structure" policy, variance, property rights, property values in Superior Court.

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  78. The last ten comments were written by the same individual. Why don't you write one long comment and quit wasting our time with your inaccurate gibberish. Halus builds and refurbishes wind turbines for companies nationwide. It's reasonable in an industrial area to have an example of your product on your property.Halus will use it as a research tool to develop new wind power technology and this smaller wind turbine will produce some electricity to help save money. Louis Rigaud is doing a favor for this country and our homeowner's association applauds him and the City Council. Remember this is an industrial area and you knew that when you purchased your house. You can control your association but you can't unreasonably control the whole city of San Leandro especially when Federal, State, County and City governmental agencies say it will have no significant impact on your community. Some in Heron Bay are acting like spoiled children who are used to getting their own way. You have been poor neighbors by towing San Leandro residents cars when they go to use the Bay Trail. When you don't get you way you threaten a lawsuit. You better do your research on mitigated negative declarations because you will lose but your lawyer will get a lot of your money and the city will get more of your money for a frivolous lawsuit. It's about time Heron Bay stops trying to bully the rest of San Leandro and tries to be good neighbors.

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  79. There's prior case law for improperly granting variances to wind turbines next to homes. Economic benefit must not be basis for granting variance. City attorney misinterpet land use language and fails to review case law history.

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  80. 112 Heron Bay HOA maintain 100% of their streets from day one - city didn't pay a dime. you call Heron Bay bad neighbors because can't park or your car were towed from private street seems you're the bully.
    You are one of the bullies back in 1970.
    Being Spoiled...are you or the city paying bay trail assessment thru property taxes average of $1000 per year from each Heron Bay homeowners.
    You pinhead still living in 1970.

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  81. 112 Last ten comments not from same person. Halus has bulls**t research credentials and only 'test' their refurbishments next to homes which is not new wind power technology.

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  82. 112 why didn't you show up in BZA meeting?

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  83. Is Gordon Galvan connected to Halus?? If he is or has been, he is related thru marriage to Cassidy. Smell big fat rats here.
    Good luck Heron Bay.

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  84. 112 = are you Senile? or can't let go 1970.

    How Louis Rigaud, Halus owner, can be a country hero making money off old willmills. Erect a 100ft tall no longer green structure next to someone's bedroom windows is doing his neighbors a favor.
    (City doen't have existing wind turbine policy or ordinance to rule wind turbine) It's all about "I say so" that's not reasonable.

    Calling Heron Bay bad neighbors because senile 112 and his friends can't stand the idea they don't have the right"s" invading private properties. (who are the real bullys)

    112 and his groups can't stand the idea large groups of minorities are homeowners - not only be able to purchase properties in San Leandro - and also be able afford to hire attorneys and professionals to fight for their beliefs and rights. (You and your friends call that spoiled...)

    How Heron Bay control the city, speaking up and asking for democracy by taking the case to court is "Controlling the City"? (Just listen to yourself).

    You and your friend can't accept the facts of the ethic groups are no longer quiet and passive. (you and your hostile friends enjoy seeing Heron Bay being destroyed that make you feel powerful again).

    Accept the fact current year 2013, 43 years had passed you by!

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  85. 1:12am Would you like a 100 feet tall naked lady on Halus's property next to your window. Reasonable enough to you.

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  86. When running for mayor, Cassidy promised "to work with the community to create a better San Leandro and to put the best intrest of the people of San Leandro first." He also promised "to take a collaborative approach to governing, engage the public in open honest dialogue." So much for empty campaign promises.
    If they allow one turbine, more will come.
    The city has ALWAYS been money hungry. Spending 6m for the Lucky property and selling it to an out of town developer for 3m is not smart, but then again it's only taxpayers money.
    If the city didn't care about trying to cheat a church, they don't care about cheating homeowners (taxpayers) either.
    Remember this when Cassidy runs for re-election.

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  87. Good luck with your fight Heron Bay.

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  88. Some people labeling Heron Bay being controlling and bullys.
    I guess freedom of speech do not apply to Heron Bay residents.

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  89. Remember Marina High School? The city of San Leandro told taxpayers it "was sinking" and needed to be closed. So the city buys it, turns it into a community center and all of a sudden, it's not sinking anymore. The city must think the taxpayers are stupid. They keep wasting money and we pay for it.

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  90. Heron Bay residents aren't the bullys, it's the people posting the mean and ignorant comments here. Good Luck with your law suit Heron Bay. Don't live in your area, but live in San Leandro and would like to help support you with this.

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  91. The phonys who pretend believe equal rights, and each of individuals has a voice are those who still carrying the 1970 mentality. These groups of fakes now feeling powerless, no longer in control of their "wishful thinking" are making accusation that Heron Bay is trying to control or taking over the city.

    If it is Halus suing the city and Heron Bay residents - what do you say about that? Is Halus taking over the city or control the whole San Leandro? or Halus is a country hero.

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  92. Each Heron Bay Homeowners paying prop tax and assessments between of $7000 to $8000 annually.
    Heron Bay $1000 assessment goes to maintain bay trail.
    Why not put $1000 annual assessment for all San Leandro so city can buy Heron Bay streets to make public and have funds for maintaining all streets.

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  93. Sounds good, 30 millions!
    Now you and your friends can park in Heron Bay streets 24/7 not worrying being towed.
    You and your friends not living in Heron Bay can sleep on the bay trails make sure your participation of $1000 assessment are worthy.

    ReplyDelete
  94. 112 you and your friends having problem reading the signs "Private Streets, No Parking At Any Time".

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  95. It's easy to tell all the dozen or so posts have been from the same person. You made the same mistakes, used the same grammatical errors, and for the most part kept repeating yourself. You have a distinct writing style that stands out from others. In fact, when I read through this blog it looks like you have written way more than half of the responses with subjective opinions and substantive errors in all of them. You are wasting all of our time trying to pretend you are different people.

    ReplyDelete
  96. No one is pretending different people, and no one is twisting your arm to read these comments.

    Are you belittling immigrates who are exercising their freedom of speech?

    What's the big deal with writing style, what make you so sophisticated and worldly-wise?

    ReplyDelete
  97. We will continue to write all day long.
    Go back to your Patch play pan or your FB sand box.
    We know who you are.

    ReplyDelete
  98. It's a poor selection of location to set up a 100 ft tall wind turbine. Building it only 300 ft away from a large residential neighborhood and next to a bird sanctuary is really a bad idea all for reducing his monthly PG&E bill and research/develop stale technology

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  99. She has the nerve to criticize, judge and degrade others' writing abilities to compensate for her insecurities with her own self image and how she thinks others may look at her.

    ReplyDelete
  100. Ms pretend English expert contributes to global warming everytime she bellows hot air from her belly!

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  101. Do not vote for Mike Katz, who will run for district 1 council seat in 2014, he made public comment in BZA hearing supporting Halus wind turbine against homeowners.
    His wife Marga Lacabe is mean and nasty to people.

    ReplyDelete
  102. Reed has told people she was let go from Hayward. Why would she lie about that? Believe it or not. Ask her straight out. It's true!

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  103. Wind Turbines do not belong or within any city limit.

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  104. School Board Trustee Mike Katz said the Heron Bay HOA lawyer was entertaining.

    His wife Marga Lacabe is more entertaining by pretending to be a lawyer.

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  105. Green Energy is the energy of the future whether you like it or not!

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  106. 大癡肥是討厭的女人,Marga的丈夫 Mike Katz,要求城市把風車建立中國人的家園旁邊,因為他希望中國人民很容易恐嚇。他正在競選市議員,2014年。他和市長,Cassidy,對於中國人不好,所以我們必須與他們戰鬥。請不要投他們的票。

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  107. Mike Katz probably thought the HOA lawyer was not only entertaining, but also alot smarter than his wannabe lawyer wife.

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  108. Agree green energy is the future, Commercial Wind Turbine off city limit far away from homes.

    We know moms are women, just saying.

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  109. No one gives a sh-t about Katz's opinion.

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  110. One small wind turbine will not hurt Heron Bay. It will be located 500 feet away from Heron Bay and 600 feet away from the East Marsh. All the Government agencies have said it will be safe and quiet. It is on industrial property and industry was here before Heron Bay. Since there were no significant impacts the MND has to be accepted and no EIR is required. It will block no one's view since it is in the industrial area Southeast of Heron Bay and the view is West of Heron Bay looking out over the marshes toward the bay. What is blocking your view is the 120 foot tall electrical towers, South, West and North of your Assoc. Most of you have not read the reports, documentation and MND. Most of what you fear is assumptions and emotional arguments that are not true. Again, please read all the documents especially the MND. Your fears might be alleviated.

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  111. I agree with the poster above--it's important to get your facts right, and you can only do that by reading all the documents. That Natural Gas plant in the Hayward shoreline is far more dangerous us. So are the electrical towers and the airplanes that fly by our homes. I'll take wind and solar over carbon based fuels any day. I went on the city's website and listened to the recording of Monday's meeting-you can to. Maybe listening to the meeting and reading all the documents will make you less fearful. This 1 small windmill won't hurt us.

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  112. The facts are that Halus refurbishes turbines. They are NOT experienced at R&D and have no scientist. It is irresponsible to test wind turbines so near homes. Real turbine test facilities keep their testing indoors or outdoors far away from dwellings. The variance stated Halus limited lot size but BZA and Council only focus on green agenda and only want to question homeowners. City should demand EIR for public trust and safety due to their not being qualified in wind turbine testing. Their documents have been and are still insufficient and an independent EIR is needed for public trust and safety.

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  113. City attorney misinterpet land use language and fails to review case law history.

    City improperly granting variances to wind turbines next to homes.

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  114. You morons keep on saying "read the MND and documents". "We have" and most of us are engineers and professionals who read more sophisticated documents than what the city used to make their decision. The BZA asked Halus if there are risks. How moronic can you be to not seek independence. The ESA document was less than 20 pages which doesn't qualify as an independent review. An EIR would provide hundreds of pages of facts that determines genuine safety needs. Halus and the city wants to avoid this because they don't want to adhere to genuine safety for the public that an independent EIR would determine.

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  115. Obviously you haven't read the documents. The documents show Federal(FAA), State(California Fish and Wildlife), County(East Bay Regional Parks District), as well as the City said NO significant impacts. Are they all lying? What paranoia!

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  116. City fails to protect public safety and trust rather focusing green agenda for name recognition as the first commercial "Refurbished" wind turbine on bay coast using 20 year old turbine abandoned and not supported by original manufacturer.

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  117. Regulations and controls are bull. Wind turbines are given a PASS on killing federally endangered raptors/ Truth is Federal(FAA), State(California Fish and Wildlife), County(East Bay Regional Parks District) not enforing any regulations and controls on wind turbines, watch below news for yourself.

    http://www.youtube.com/watch?v=CEersoJLtRw

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  118. 1154 Where does fish and wildlife or FAA cover homeowners health and safety? Where does ESA documents cover homeowners health and safety? Where does East Bay Regional Park cover homeowners health and safety? They don't! The city staff SAID in last years homeowners meeting that they DID NOT consider homeowners health and safety. The documents they used RECENTLY still don't cover homeowners health or safety. You obviously didn't read the documents or you just don't care about homeowners health and safety.

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  119. Sure---all the government agencies are lying, State,Federal,City and County--- only you are telling the truth---rubbish

    You're starting to sound like a right-wing extremist---read the documents

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  120. You should worry more about the Natural Gas plant on the Hayward shoreline. You should worry more about airplane fuel droplets and exhaust. You should worry more about the electrical towers right beside your association. You should worry less about one small wind turbine on industrial private property that was zoned industrial before Heron Bay was even built on the bay wetlands.

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  121. 12:22pm Stop lying. Prove where homeowners health and safety are covered in ALL the documents.

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  122. 1222 See the videos if you want facts on risks. Anyone can write a document to favor one side with an injustice to the other.

    http://www.youtube.com/watch?v=lvvRHhsQhi8
    http://www.youtube.com/watch?v=uydJJdQzZv8
    http://www.youtube.com/watch?v=jCyQD83NLDc

    FACT: The wind turbines in these videos are not near urban communities but our city wants to be the first.

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  123. Read the Mitigated Negative Declaration and the supporting documents--If you say you have--I know YOU are lying. It's all covered and says NO SIGNIFICANT impacts--It will take awhile but if you spent as much time reading as posting inaccurate statements, you would be able to do it.

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  124. Proven with News links reported negative impacts from wind turbines.

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  125. Here are 33 videos on wind turbines.

    http://www.youtube.com/watch?v=ZbMO7ufATBc&list=PLC7E5C82439025BCD

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  126. 103pm You spent as much time reading as posting about reading documents on "no impact to homeowners' health and safety" You can simply just attached the phrase or clause on your posts.

    Otherwise. stop calling other liars.

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  127. *Attach those sections, phrases, clauses from all the documents YOU READ stated "no impacts to homeowners' health & safety"

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  128. Would the two of you stop arguing. Remember the worst wind turbine is better than the natural gas plants that are being built in our area. This is one very small wind turbine that is redesigned, refurbished, and redone with modern improvements for demonstration purposes to help the nation's pollution problems and all the deaths carbon pollution causes. I say more green energy not less, and I too live in San Leandro.

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  129. 129 are you expert, what do you know about wind turbines, can you perform EIR?

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  130. This is just one small wind turbine.

    http://www.youtube.com/watch?v=PWv641phNa0

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  131. This is just another small wind turbine.

    http://www.youtube.com/watch?v=uDvmp2EjCvQ

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  132. Another video. The debris flew more than a half mile. One homeowner was lucky she was not injured nor her house damaged.

    http://www.youtube.com/watch?v=NLInrjUtFGI

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  133. See the videos, they are facts.

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  134. A small cute wind turbine catches on fires during storms. No way, CITY and self claimed experts READ ALL the documents.


    http://www.youtube.com/watch?NR=1&v=jCyQD83NLDc&feature=fvwp

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  135. Reliability of old windmill in this video

    http://www.youtube.com/watch?v=ckIfcxP_JaI

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  136. San Leandro resident Marga Lacabe misrepresenting herself as a human rights "lawyer" on a campaign flyer (Marga is wife of Mike Katz) is playing pretend lawyer again in the case of City vs Heron Bay.

    Did she pass the Bar Exam, anyone know?

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  137. 10:27 is that what Halus is doing? OMG.

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  138. 1037 No. Halus refurbishes the old vestas wind turbines like the one is this video.

    http://www.youtube.com/watch?v=CqEccgR0q-o

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  139. Last few posts of wind turbines blowing apart--How dishonest can you be implying those are the same as the one that Halus will put on his property. It's a big lie and you know it. If you would read the reports and the documents that were provided you would realize that you are comparing apples to oranges. The very small wind turbine that will be on the property is of a different make and model and very safe. It is being used right now in a trailer park in the town of Rio Vista. If you won't read the records, go to Rio Vista and see for yourself. I'm sure the City will tell you where it is since it is public record. The residents of the RV park and the manager told the City they had received no complaints about its sound or operation. Go talk to the residents themselves. I'm sure you wont because you would rather put out misinformation to try and make people feel scared. All the government agencies said no significant impact--but YOU know better--NOT.

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  140. Oh please, Marga Lacabe is well known habitual liar and distorter in San Leandro.




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  141. It is not unreasonable to request an EIR, City didn't give any fair treatments to homeowners and attorney but gave favoritism to Halus.

    City sent only 4 letters to homeowners in Heron Bay just a couple of days before first June BZA hearing for Halus.

    The city has not proved this one wind turbine doesn't cause harm, since no EIR was done.

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  142. You well know if the mitigated negative declaration that was reviewed by other government agencies as well as the city says no significant impacts, it's mandatory for the city to accept it, and an eir isn't required. An eir is required if the mitigated negative declaration shows significant impacts that can't be mitigated. Relax your community is safe, except from the electrical towers that are by your development.

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  143. This is from another blog-If Heron Bay residents want to control how the neighboring Halus site is used, they can all pitch in and try to buy it. That's the old-fashioned way of controlling what happens on a piece of property. Presumably the purchase price of their properties was discounted to reflect the fact that they were adjacent to an industrial site. Isn't that how capitalism works?

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  144. City attorney fails to review case law for improperly granting variances to wind turbines next to homes. Economic benefit must not be basis for granting variance.

    City violated their own policy.

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  145. Mayor Cassidy was smarter than most of city attorneys in the room, he suggested to condition wind turbine not higher than 50 feet but the rest of council were ear shuts.

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  146. Haha, don't you wish city and their attorneys lying to the Superior Court Judge that all of sudden Halus is having economic hardship.

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  147. Marga knows squat, city must gives Marga Lacabe a chance to play pretend lawyer in Superior Court against HOA's trial attorney.

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  148. You should look up Calif. Government Code Section 65893 a-1 Wind energy is an abundant, renewable, and nonpolluting energy source. a-2 Wind energy, when converted to electricity, reduces our dependence on nonrenewable energy resources, reduces air and water pollution that result from conventional sources burning fossil fuels, and reduces emissions of greenhouse gases.

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  149. You should go back to your FB page continue to play trial lawyer.

    You're not qualified.

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  150. 141 Stop bellowing the greenhouse gases from your mouth and rear. That'll be a start.

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  151. Calif. Gov't Code Sect. 65893 a-3 Distributed generation small wind energy systems also enhance the reliability and quality of electricity delivered by the electrical grid, reduce peak power demands, increase in-state electric generation, diversify the state's energy supply portfolio, and make the state's energy supply market more competitive by promoting consumer choice.

    But what does the State of Calif. and their legions of scientists know---I'm sure you are smarter--Not

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  152. Scientists also said over weights not good to your health, did you listen - Not

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  153. I don't know who you think I am, but you are not even close. Why don't you stick to the subject matter? What is your degree in, if you have one? --Not

    You know you have lost the argument when you have to start calling people names or refer to their weight.

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  154. Scientists said many including Health, Environment, nuclear, space and etc.

    Do we have to believe all - Not.

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  155. Calif. Government Code 65893 a-4 Small wind energy systems designed for onsite home, farm, and small Commercial use are recognized by the Legislature and the State Energy Resources Conservation and Development Commission as an excellent technology to help achieve the goals of increased in-state electricity generation, reduced demand on the state electrical grid, increased consumer energy independence, and nonpolluting electricity generation.

    If you argue with this you must work for an oil or gas company! Remember, carbon based energy kills thousands of citizens every year across the United States due to pollution and the diseases it causes.

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  156. If you argue with this you must work for Halus.

    Windmill explosion
    http://www.youtube.com/watch?v=ucceQ3vS3zs

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  157. Once again this is not the type of wind turbine that will be put on Halus property and you know it. Go and check the one at Rio Vista that the residents of the RV park have no problem with. That one is the same make and model. You should be ashamed to put out these types of scare tactics and misinformation. I am an engineer but I don't work for Halus. What does kill our elderly and our children is greenhouse gases and hydrocarbons from fossil fuels. You didn't answer me about working for an oil or gas company or a company that relies on oil or gas like PG&E. I can tell you have had no or very little science background.

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  158. Halus owner says he's doing this to fight global warming. He has accounting and psychology degree so he knows better than NASA.

    NASA Satellite Measurements Imply Texas Wind Farm Impact on Surface Temperature 04.30.12

    A new study of NASA satellite data showed that an area of west-central Texas covered by four large wind farms warmed at a rate of .72 degrees Celsius per decade relative to nearby regions without wind farms. Scientists suggest the turbines act as fans to pull warmer air to the surface at night, accounting for most of the warming trend. Credit: Wikimedia Commons

    A Texas region containing four of the world's largest wind farms showed an increase in land surface temperature over nine years that researchers have connected to local meteorological effects of the turbines. next to cont'd

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  159. The land surface temperature around the west-central Texas wind farms warmed at a rate of .72 degrees Celsius per decade during the study period relative to nearby regions without wind farms, an effect most likely caused by the turbulence in turbine wakes acting like fans to pull down warmer air from higher altitudes at night, said lead author Liming Zhou at the University of Albany, State University of New York.

    The results were published in the April 29 issue of Nature Climate Change. Zhou and colleagues studied land surface temperature data ranging from 2003 to 2011, from the MODIS (Moderate-resolution Imaging Spectroradiometer) instruments on NASA's Aqua and Terra satellites. continue next page

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  160. Land surface temperature measures the temperature of the Earth’s surface itself, as opposed to the air temperature readings used in daily weather reports. Across a broad landscape, land surface temperature depends closely on the land cover type and nature of the surface. In specific locations, land surface temperature varies widely from day to night while air temperature varies within a smaller range.

    The warming observed by MODIS mostly occurred at night. In the Texas region studied, the land surface temperature after sunset typically cools faster than the air temperature. But as the wind turbines continued to turn, the movement brought warmer air to the surface and thus created a warming effect compared to non-wind farm regions. The researchers expected to see the reverse during the day – a slight cooling effect – but the data instead showed a small warming or negligible effect in daytime.

    The warming estimate applies specifically to this particular region, and covers a time when wind farms were expanding rapidly, Zhou said. The estimate should not be considered directly applicable for other regions and landscapes, nor should it be extrapolated over a longer period of time, as the warming would likely plateau rather than continue to increase if no new wind turbines are added. The warming is also considered a local effect, not one that would contribute to a larger global trend.

    continue next page

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  161. "This is a first step in exploring the potential of satellite data to quantify the possible impacts of big wind farms on weather and climate," said Chris Thorncroft, a coauthor of the study and chair of the Atmospheric and Environmental Sciences department at University at Albany, State University of New York. "We are now expanding this approach to other wind farms and building models to understand the physical processes and mechanisms driving the interactions of wind turbines and the atmospheric boundary layer near the surface."
    The U.S. wind industry has installed a total of 46,919 megawatts of capacity through the end of 2011 – representing more than 20 percent of the world’s installed wind power and about 2.9 percent of all U.S. electric power – and has added more than 35 percent of all new U.S. generating capacity in the past four years, according to the American Wind Energy Association and the Department of Energy. This added capacity during that timeframe is second only to natural gas, and more than nuclear and coal combined.

    "Wind power is going to be a part of the solution to the climate change, air pollution and energy security problems," said Somnath Baidya Roy at University of Illinois, Urbana-Champaign, a co-author of the study. "Understanding the impacts of wind farms is critical for developing efficient adaptation and management strategies to ensure the long-term sustainability of wind power."

    The other authors for this research, which was funded by University of Albany, State University of New York and the National Science Foundation, include Yuhong Tian at IMSG at NOAA/NESDIS/STAR, Lance F. Bosart at the University of Albany, State University of New York, and Yuanlong Hu at Terra-Gen Power LLC, San Diego, Calif.

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  162. Did you even read the article? From the 2nd to last paragraph above.

    "Wind power is going to be a part of the solution to the climate change, air pollution and energy security problems," said Somnath Baidya Roy at University of Illinois, Urbana-Champaign, a co-author of the study. "Understanding the impacts of wind farms is critical for developing efficient adaptation and management strategies to ensure the long-term sustainability of wind power."

    You didn't answer me about working for an oil or gas company or a company that relies on oil or gas like PG&E. I can tell you have had no or very little science background.

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  163. Here your answer, I sell hot dogs

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  164. Does not take rocket scientist to believe this - Not.
    Shame on you, hot dog seller, to believe this news video. You have no or little science background to understand this news video.


    Wind Turbine Collapses.

    http://www.youtube.com/watch?v=ZbMO7ufATBc&NR=1&feature=endscreen

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  165. That's the NASA whole article no more or no less.
    Unlike a businessman and this San Leandro blogger have a history of distort facts to fit their own agenda.

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  166. From another blog:

    Halus founder Louis Rigaud said he would use the windmill to test new components designed in the course of doing research and development.

    Rigaud suggested that Halus was becoming a player in wind power research, with windmills installed at Texas Tech University, which he described as the preeminent research unit in this branch of the green energy industry.

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  167. Marga Lacabe is displaying signs of an obsessive compulsive disorder.

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  168. California Public Resources Code Section 25300--(a) The Legislature finds and declares that clean and reliable energy is essential to the health of the California economy and of vital importance to the health and welfare of the citizens of the state and to the environment.

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  169. Anon7:17
    You are displaying signs of paranoia!

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  170. The cities General Plan 7.03 Sustainable Manufacturing-Promote environmentally sustainable manufacturing practices by San Leandro businesses and focus business attraction efforts on clean,environmentally-friendly businesses.

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  171. A person whose behavior is governed by a psychological compulsion; like pretend to be a lawyer over and over.

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  172. OMG! This is not funny anymore, alright you're a REAL LAWYER.

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  173. I told you I'm an Engineer who lives in San Leandro, but I have also taken science courses in college. I will try and find out more about this Marga Lacabe. If you don't like her that's a plus for her side. While I'm gone try and read some of the supporting documentation of the MND, which I can tell you still haven't read. I can tell by all the errors you keep making about the study and the MND and the staff's supporting documents.

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  174. She's not only obsessed but also possessed. Time to take your medication.

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  175. I thought her name was Marga Katz-she has a blog and this is part of an article from her blog. I don't know if she is an attorney or not, but she seems to know CEQA better than your attorney. Looks like you lose-see below:

    The Heron Bay HOA appealed the BZA decision to the City Council. On April 1st, the Council voted 5-1 in favor of the variance. The HOA continued threatening a lawsuit, not realizing that their chance had passed. Under CEQA (PRC §21167 (b)), any litigation “alleging that a public agency has improperly determined whether a project may have a significant effect on the environment” must commence within 30 days from the date the NOD is filed. That is to say, if the HOA wanted to challenge the City’s finding that there was no need for an Environmental Impact Report on this case, it had to file its lawsuit by March 10th. It did not, so any action the HOA decides to bring will have to be on grounds other than CEQA. It’s hard to imagine what those could be.

    It’s not surprising that the HOA missed that particular deadline. Throughout this process they were represented by an attorney that specializes in HOA law and not in CEQA law. That’s like asking your podiatrist for advice on heart problems. This is probably a blessing in disguise for the Heron Bay HOA, however. A relatively new law (PRC §21169.11) allows courts to impose sanctions of up to $10,000 for frivolous claims on the parties or attorneys that make them. Given the claims advanced so far by the HOA, a lawsuit could quickly empty their bank account – and their lawyer’s.

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  176. This is Marga Lacabe.

    http://www.google.com/search?hl=en&q=marga+lacabe&bav=on.2,or.r_qf.&bvm=bv.44770516,d.b2I&biw=1200&bih=634&um=1&ie=UTF-8&tbm=isch&source=og&sa=N&tab=wi&ei=GUtiUf3gHIeZqgHolYGACA#imgrc=S_aHxjCebeeQSM%3A%3Bb533ZH8O7ZoLbM%3Bhttp%253A%252F%252F4.bp.blogspot.com%252F-YzIWjKrgM7o%252FUR7kA8QofRI%252FAAAAAAAADtU%252F8fjw-UKC1CE%252Fs1600%252Fslpothearinglacabe.jpg%3Bhttp%253A%252F%252Fwww.ebcitizen.com%252F2013%252F02%252Fcitizens-special-interests-grapple-with.html%3B600%3B450

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  177. Marga Lacabe thinks she not Marga Lacabe anymore. Exorcise experience.

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  178. For those don't think who Marga Lacabe is, check out below link.

    http://www.google.com/search?hl=en&q=marga+lacabe&bav=on.2,or.r_qf.&bvm=bv.44770516,d.b2I&biw=1200&bih=634&um=1&ie=UTF-8&tbm=isch&source=og&sa=N&tab=wi&ei=GUtiUf3gHIeZqgHolYGACA#imgrc=S_aHxjCebeeQSM%3A%3Bb533ZH8O7ZoLbM%3Bhttp%253A%252F%252F4.bp.blogspot.com%252F-YzIWjKrgM7o%252FUR7kA8QofRI%252FAAAAAAAADtU%252F8fjw-UKC1CE%252Fs1600%252Fslpothearinglacabe.jpg%3Bhttp%253A%252F%252Fwww.ebcitizen.com%252F2013%252F02%252Fcitizens-special-interests-grapple-with.html%3B600%3B450

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  179. -don't know Marga, check this out.
    http://www.google.com/search?hl=en&q=marga+lacabe&bav=on.2,or.r_qf.&bvm=bv.44770516,d.b2I&biw=1200&bih=634&um=1&ie=UTF-8&tbm=isch&source=og&sa=N&tab=wi&ei=GUtiUf3gHIeZqgHolYGACA#imgrc=S_aHxjCebeeQSM%3A%3Bb533ZH8O7ZoLbM%3Bhttp%253A%252F%252F4.bp.blogspot.com%252F-YzIWjKrgM7o%252FUR7kA8QofRI%252FAAAAAAAADtU%252F8fjw-UKC1CE%252Fs1600%252Fslpothearinglacabe.jpg%3Bhttp%253A%252F%252Fwww.ebcitizen.com%252F2013%252F02%252Fcitizens-special-interests-grapple-with.html%3B600%3B450

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  180. Thank you to the "engineer" lives in San Leandro for spending your time sharing Marga Lacabe's picture and her link. Now we know more about her, such a plus pleasure.

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  181. We need more wind and solar and less gas and oil-it saves lives
    San Leandro school teacher

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  182. I'm pleased the neighbors were unsuccessful in preventing this small, local business from erecting a single wind generator on their property. Heron Bay's strategy was textbook: delay, obfuscate, & try to drive up costs to kill the project. Thank you to the City Council for listening to both sides and separating the wheat from the chaff.

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  183. I support green energy, not supporting commercial wind turbine close to dwellings.

    San Leandro businessman

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  184. I'm pleased Heron is taking the case to Superior Court.
    "Commercial wind turbine" off city limit and homes, this isn't green energy.

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  185. I live in and have a San Leandro business. I support the wind turbine.

    p.s. I also support all alternate energy forms.

    p.p.s. I'm not Halus, but thank them for helping our city.

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  186. Those lovely high-tension electrical towers are much uglier than this wind turbine will be. I highly doubt the turbine will make anywhere close to the noise that the planes make.

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  187. Let them build, it is better than having BP drill another leaking oil well in the Alaska.
    Besides, this is a local company hiring locally. What better way to stimulate the local economy

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  188. The location of the wind turbine is not close to homes.
    It is 500 feet away according to community development.
    Quit spreading misinformation-read documents!

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  189. Yes Trojan Powder works was there. It blew up killing numerous employees. I say let them build the wind turbine. I really don`t think much of Heron Bay HOA. People bought homes there and whined afterwards about not enough parking even though they have 2 car garages. Should of thought about that before they bought. Now if anyone else parks there to get to the Bay Trails they will get their car towed.

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  190. San Leandro has the highest asthma rate in Alameda County.
    That's because of hydrocarbons caused by oil and gas.
    I wish we had more wind and solar in our city.
    Thank you Board of Zoning and City Council.
    Thank you Halus!

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  191. After you done reading CEQA, playing copy and Paste, we would like to know under what circumstances that the Superior Court would reject Heron case, Ms smarty pants?

    Should we believe CEQA supercedes all other existing laws including prior case law.

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  192. After you done reading CEQA, playing copy and Paste,
    we would like to know under what circumstances
    that the Superior Court would reject Heron case,
    Ms smarty pants?

    Should we believe CEQA can supercede all other
    existing laws and prior case law.

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  193. We support Heron.
    This isn't supporting green energy, no matter the kool-aid the city is serving.

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  194. from another blog-
    He has a small company, right here in San Leandro, employing 11 people in this economy. The refurbished turbines they sell offset not just PG&E power, but much dirtier coal power when sited elsewhere.
    http://www.epa.gov/cleanenergy/energy-and-you/index.html
    By putting a single demonstration turbine on his 5 acre site he will be able to show potential customers what they are buying. That's how you stay in business.

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  195. Fact --wind and solar safer than oil and gas
    Fact--oil and gas cause asthma, wind and solar don't
    Fact--oil and gas cause deaths, wind and solar don't
    Fact--we need more clean energy not less
    Fact--MND said no significant impacts

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  196. San Leandro Talk by Marga Lacabe may inform
    San Leandran, like always, under which section"s"
    of laws Superior Court should deny Heron Bay's case.

    We want Heron Bay residents to sink fast.
    Beautiful Marga Lacabe and her adorable school board trustee
    husband Mike Katz are on top of this, keep it up!

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  197. "San Leandro talk, FB page, Marga Lacabe";
    throwing feces at the wall until it sticks.

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  198. What's this gotta do with solar? If it was solar, there would be no problem. No one's arguing clean energy. The argument is whether windmills belong in an urban setting next to dwellings and whether they are safe.

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  199. What's up with the readableness of these posts.

    The word wrap around is screwy.

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  200. Clean energy projects should increase property values
    and be good for the environment and city image

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