The Alliance for Bovina, which has advocated strongly for the voting rights of second homeowners, has followed this case carefully. Larry Karam, co-director and counsel of the Alliance, said: “Second homeowners care deeply about their communities, and should not have to face obstacles to community involvement, including voting. We were shocked when the Delaware County Board of Elections disenfranchised our members, and we are grateful that our neighbors in Bovina and other towns are now free to vote where they think it counts the most. Judge Dowd simply followed long established law in New York and the appellate court reaffirmed that. The Board of Elections’ appeal has been a waste of time and a great deal of tax payer money.”

The original petition stemmed from a challenge in March 2007 to roughly 10% of the town’s voters by Bovina resident Ed Rossley. He charged that the eight petitioners were second homeowners, not fulltime residents, and therefore ineligible to vote in Bovina. The petitioners had been living in Bovina for many years, all had other residences either in New York City or Rockland County, and were not registered to vote elsewhere. As required by law, the Board of Elections investigated each challenge, even bringing the county sheriff into the investigation. Eventually, the Board of Elections stripped the eight petitioners of their voting rights on the grounds that Delaware County was not their primary residence. To regain their voting rights, the eight residents went to court. In October 2007, Judge Dowd of the Supreme Court ruled in their favor and restored their voting rights. The Board of Elections appealed to the Appellate Division. The appeals court followed long-established legal precedent in finding that dual residents, like the Bovina voters, have the right to choose either one of their residences as their electoral home, so long as they don’t vote elsewhere.

According to Hall Willkie, co-director of the Alliance for Bovina and lead petitioner in the case, “For over 20 years I have felt this is my home. It was very hurtful to have that challenged and to be told that I don’t have the same rights as my neighbors. I am grateful that the court has backed me up and moreover that this decision is to be applied to second homeowners throughout the county and state. The lesson here goes beyond equal voting rights. We should all respect each other and encourage everyone to participate fully in our local communities.”

Bruce Kraus, lawyer for the petitioners, said “Dual residents have always had the right to choose either one of their homes as the one they will vote from, and this case will remind election officials that it’s their duty to respect the voter’s choice.”

Tom Craveiro of the Alliance for Bovina said, “For years, the Delaware County Election Commissioners have kept second home owners from voting on the grounds that one can only vote at their primary residence. Whatever primary residence was supposed to mean was never clear and often times seemed down right arbitrary. Now two courts have told the Election Commissioners that some voters may have significant attachments to other homes but they can still choose to vote at their home in Delaware County. This is our right and always has been. Sometimes, it is necessary to stand up to those in power in order to maintain our rights. In Bovina, eight courageous determined people were willing to take that stand. Now, I see a new political landscape emerging in upstate New York as second homeowners exercise fully their legitimate voting rights.”

The petitioners, Hall Willkie, Tom and Juliet Lauricella, David Hendricks, Stephen Robbins, Julianne Bond-Shapiro, and Maria and David Spry, were represented by Bruce Kraus of the New York City law firm Willkie Farr & Gallagher LLP. Wendell Willkie, uncle of the petitioner and one-time presidential candidate, was once a partner in that firm. Hall Willkie was also represented by Peter Henner of Albany. Questions and comments about the suit can be obtained by contacting Bruce Kraus, Esq. at 212-728-8237. The petition and the petitioners’ legal brief are available at http://www.countryvote.org/news.html and the court decision is available at http://www.allianceforbovina.org

Repeated here is the WCPA’s announcement of the DEIS hearings on May 7 and May 10. We hope to see at these meetings a very large showing of opponents to the project. The turnout for Saturday's meeting on May 10 should be parpticularly large. I urge you to find the time to attend. After all, the season is too young for mowing or gardening!

Larry Karam

Co-Director and Counsel, Alliance for Bovina

To Friends of the WCPA,

This is a notification to all of our supporters that the Roxbury Planning Board has scheduled two open meetings for the public to express their view of the DEIS (Draft Environmental Impact Statement) for Invenergy's Industrial Wind Project.

The first meeting will be on Wednesday, May 7, starting at 7pm.

The second meeting will be on Saturday, May 10, starting at 10am.

Both meetings will be held at the BOCES center in Grand Gorge (just off of Rt 23).

These are obviously critical meetings where we are planning to make our case to the Planning Board. I am planning to make a presentation at both meetings. Everyone is welcomed to speak at the meetings to provide your feedback, comments and concerns regarding the DEIS and the project. I encourage you all do so.

Here is the link to the DEIS: http://www.roxburyny.com/windproject/deis.html

Following these meetings the Planning Board will consider all comments and will provide their consolidated DEIS comments to Invenergy. Invenergy will have a period of time to address the comments and to submit a final EIS. Once the EIS is submitted it will be up to the Planning Board and other key agencies to either Accept or Reject the EIS.

We are really getting down to the wire on whether this project is going to succeed or fail. These meetings are likely the last time the public will be given an opportunity to challenge the project and the DEIS. Please try and attend one or both of these meetings.

Thanks for your on-going support!

Keep the faith.

Ron Karam

President, WCPA

The official results of the 2007 Bovina election, including the absentee vote, will be available next week. However, none of the other election outcomes are expected to change.

We congratulate MJ on her successful campaign and wish her all the best as she begins her four year term.

Alliance for Bovina

From our informal canvassing of voters, and from feedback from other citizen groups in Delaware County, there should be a significant increase in new voters in the months to come. Although some are not eager to increase the voter rolls with second homeowners for obvious political reasons, we believe that given the decline in population in the area, and the potential loss of congressional representation, an increase in voters should be seen as a benefit to the area.

Alliance for Bovina

Tina Mole (R)......................................... 200

• Town Clerk/Collector

Catherine Hewitt (R).......................... 209

• Town Justice

John Way (R).......................................... 163

Scott Orr (I)................................................ 94

• Town Councilman (2)

Randall Inman (R)................................ 149

Kenneth Brown (R)............................. 183

Mary Joan Robison (I)...................... 145

Carol Spinelli (I)....................................... 89

• Town Councilman (2-year)

Evelyn Stewart (D).............................. 174

Brent Trimbell (R)............................... 121

John Chimento (I)...................................... 2

• Highway Superintendent

Edward Weber (D).................................. 91

Robert Burgin (R,I)............................. 158

Bryan Trimbell (I).................................. 58

• Proposition

Should a restaurant in a year-round hotel be allowed to obtain an alcoholic beverage license?

YES…..137 NO..... 57

We owe all the candidates our gratitude for taking the time and trouble to run for office. Now, it is so very important for us as a community to support our newly elected leaders as they do the people’s business.

Alliance for Bovina

Larry Karam, co-director and counsel of the Alliance, said: “Second homeowners care deeply about their communities, and shouldn’t face obstacles to community involvement. We were shocked when the Delaware County Board of Elections disenfranchised our members, and we’re grateful that our neighbors in Bovina and neighboring towns are now free to vote where they think it counts the most. Judge Dowd simply followed long established law in New York. Hopefully the Board of Elections will see that any appeal is a waste of time and tax payer dollars."

The petition stemmed from a challenge to more than 10% of Bovina’s registered voters in March 2007 brought by Bovina resident Ed Rossley, who apparently believed that only full-time residents of Bovina should have the right to vote there. The voters in this case, many of whom had been living in Bovina for many years, all had residences in New York City or Rockland County as well. Today’s ruling followed long-established legal precedent in finding that dual residents, like these Bovina voters, have the right to choose either one of their residences as their electoral home, as long as they don’t vote elsewhere.

According to Hall Willkie, co-director of the Alliance and lead plaintiff in the case, “For over 20 years I have felt this is my home. It was very hurtful to have that challenged and to be told that I don’t have the same rights as my neighbors. I am grateful that the court has backed me up and moreover that this decision is to be applied to second homeowners throughout the county. However, the lesson here goes beyond equal voting rights. We should all respect each other and encourage everyone to participate fully in our local community.”

Tom Craveiro, co-director of the Alliance, said: “This decision comes at a critical moment just before the November 6th town and county elections. It’s very important that second home owners know they are secure in their right to vote here. In Bovina, where as few as 136 people vote in an election, every vote counts. I see a new political landscape emerging in upstate New York as second homeowners exercise more fully their voting rights.”

The petitioners, Hall Willkie, Tom and Juliet Lauricella, David Hendricks, Stephen Robbins, Julianne Bond-Shapiro, and Maria and David Spry, were represented by Bruce Kraus. of the New York City law firm Willkie Farr & Gallagher LLP; Mr. Willkie was also represented by Peter Henner of Albany. Visit our web site http://www.allianceforbovina.org for more about this important decision.

Judge Dowd's Decision on Voting Rights - click here

The Alliance for Bovina

The proposed Aman resort was the subject of a public meeting on October 24th in the Community Hall. About 80 people turned out, including most of the candidates in the upcoming election. The speaker was Jim Thomson, Chairman of the Delaware County Industrial Development Agency and a consultant to the developer.

Many people voiced their support for the project and asked pertinent questions regarding tax implications, responsibilities for roads, job creation, housing for workers, etc. Many of these questions will have to be answered as the project takes shape during the design and permitting process. There seemed to be a general optimism that the town and developer can work together to make this a success for all. One person said that, as a Bovina resident, there could be a sense of ownership in this unique project since we are being involved from such an early stage. Another sentiment was that we need to think about encouraging Aman by enhancing whatever it is that has drawn them to our area, like the pure air and pristine water and natural landscape.

It seems clear that the proposal for an Aman Resort in Bovina has broad support among residents. Aman would become an important member of our community and would remain so for many years to come. Now is the time to get this long-term relationship off to a good start. Also, it is a great opportunity for our town to work together for a common goal.

Jim Thomson prepared a fact sheet about the project. It can be seen on our web site http://www.allianceforbovina.org where you can also see more on the upcoming election.

REFERENDUM ON NOV 6th BALLOT

The proposed Aman resort is the impetus for a referendum on the Nov 6th ballot that would allow alcohol sales within hotels in Bovina. Thomson stressed this is key to the project moving forward. The Alliance for Bovina encourages a YES vote for Proposition #2 “YEAR-ROUND HOTEL ALCOHOLIC BEVERAGE LICENSE”

Voters who cannot make it to the polls in Bovina have until October 30th to ask for an absentee ballot by mail, or until Nov 5th to get their absentee ballot in person. Call the Delaware County Board of Elections for details at (607) 746-2315.

Alliance for Bovina

• WHETHER TO ALLOW TRAILER PARKS

• PARTICPATION OF 2nd HOME OWNERS IN LOCAL GOVERNEMENT

• AMAN RESORT AND ALLOWING LIMITED ALCOHOL SALES

• OPEN AND TRANSPARENT TOWN GOVERNMENT

• PROMOTING AGRICULTRAL DIVERSITY

The Alliance’s Position:

The Alliance for Bovina endorses the three candidates for Town Council who demonstrated they are well-prepared, energetic and ready to provide proactive, representative leadership. They are Carol Spinelli, Mary Joan “MJ” Robson and Brent Trimbell. See below our comparison of the candidates for town council, issue by issue.

Trailer Parks - As with the wind turbine debate, we sense another stormy political fight emerging over trailer parks. Currently, our 15 year old zoning laws are under review and Town Council and Planning Board members have said they would like to see that trailer parks be allowed in Bovina. Presently, trailer parks are prohibited in the entire town by our Zoning Law. Mobile homes, a related matter, are prohibited from the hamlet only. Incumbents Ken Brown and Randy Inman stated they favor trailer parks in Bovina. Challengers Carol Spinelli, Mary Joan (MJ) Robson and Brent Trimbell said they oppose trailer parks. Spinelli said that mobile homes in trailer parks depreciate in value and would be counter productive to anyone who wants to invest in their future. She unveiled a proposal by the SUNY Delhi to build one "affordable" house per year in Bovina. The Alliance urges voters to say no to trailer parks in Bovina by voting for Spinelli, Robson and Trimbell.

On a related issue, most felt that the Zoning Law needs some revision particularly for outdated provisions. Standing out was Trimbell who said we should be enforcing the existing Zoning Law which has a long history of poor enforcement. He cited instances, which are now becoming known, of homes existing where none should be since they have no certificate of occupancy or building permit. The Alliance believes Trimbell identified an issue where new leadership can make an important difference.

Prior Council Experience - Both Brown and Inman relied on their prior Town Council experience as the main reason why they should be reelected. However, that prior experience reminds us of two recent and troubling issues. Neither Brown nor Inman said publicly that they would listen to the majority when it came to the industrial wind turbine issue. This only fueled speculation during the debate and helped increase tension and suspicions. It was only at his final vote that we learned Brown would vote with the majority of residents. Even with over 75% of the town against him, Inman still voted in favor of industrial turbines for Bovina.

Similarly, the Town Board offered no rationale for banning the smaller, residential turbines. It did no research on this less intrusive and more environmentally friendly form of energy generation, made no findings relative to the pro’s and con’s of small wind generating systems, and offered no reason banning them along with industrial wind turbines. There can be no blame on opponents of industrial wind turbines, or the Alliance for Bovina, for the Board’s inexplicable banning of small turbines. The Alliance believes that although the incumbents may have years of experience on the Town Board, during the wind debate they were clearly out of step with the majority of residents. The Alliance believes that Mary Joan “MJ” Robson, Carol Spinelli and Brent Trimbell have taken positions which reflect the views of the majority on current issues and that this is more important than board experience.

Aman Resort - All candidates were in favor of the resort and the related partial lifting of the alcohol ban. Everyone agreed that roads, fire and emergency, and increase in tax revenues were issues to be addressed. Inman and Brown said they were waiting for the October 24th presentation by Jim Thomson, Delaware County head of the IDA, for more information. However, it was Spinelli who emphasized that Bovina should be proactive and not sit back. She told us that she has already had discussions with Thomson concerning a number of issues including the tax benefits to Bovina citing specific amounts Bovina was expected to receive. She favors a PILOT program for the resort which she said is common and necessary to attract this type of development. The Alliance finds that Spinelli and Robson demonstrated a well-informed, professional approach to the proposed Aman Resort and are best prepared to represent our town's interest in this historic project.

Open and Transparent Town Government - Brown and Inman maintained that the Town Board has been open and transparent. Most who attended the wind workshops and related town board meetings would disagree. For example, board minutes have not been available consistently in the library nor are they as complete as other towns’, board agendas have not been available prior to the day of meetings, and recommendations and offers for website development have been rejected or just postponed. The Alliance supports Robson and Spinelli who said there needs to be better communication and that they were in favor of creating a town website, making better and timely board minutes (especially since many cannot attend weekday board meetings) and by having advanced posting of meeting agendas.

Voter’s Rights - Who gets to vote in Bovina is not determined by town government but rather the Delaware County Board of Elections and the Courts. There is presently a lawsuit brought by several Bovina citizens who were denied the right to vote by the BOE. This was the result of a challenge to 42 Bovina voters by another Bovina resident. Brown and Inman were silent on this issue. Stewart said it should be left to the Board of Elections. However, Mary Joan “MJ” Robson, Carol Spinelli and Brent Trimbell clearly stated that if the voter is otherwise eligible they would want second homeowners to vote if they had that much interest in Bovina that they bothered to register to vote and take part in town politics. They said that paying taxes should justify the right to vote for part-time residents. Although the Court will decide who votes and who does not, the challengers’ attitudes on this issue reflect their position on having a more inclusive town government, one which includes full and part-time residents. The incumbents never said if they favored a more inclusive town government, particularly when given the opportunity by the question on voting and residency. The Alliance believes that part-time residents have the right to participate fully in local politics and that the time has come for town government to openly encourage their right to do so. Robson, Spinelli and Trimbell are out in front of the incumbents on this important issue and we urge voters to support them.

Candidate’s Residency - It is widely known that Mr. Inman is moving to Virginia. Responding to a question on this issue, he offered no assurances of his intention to serve out his term if elected. There are many qualified and interested citizens waiting to take their turn as Town Council members. The Alliance believes he should not seek reelection and we hope he withdraws from the election (his name cannot be physically removed from the ballot at this point) before November 6th.

Our Conclusion - Although we respect the time and effort put into their tenure as Town Council members, from everything that has happened over the past two years, and from everything we heard on Saturday night, we do not believe that Brown nor Inman gave any compelling reason for their reelection other than having been council members for a number of years. Experience is valuable but sometimes that very experience shows us why the candidate should not be reelected. There also comes a time when fresh ideas and new experience are needed. That time is now. Carol Spinelli and Mary Joan “MJ” Robson and Brent Trimbell have made a compelling case for their election to the Bovina Town Council.

The Alliance for Bovina

Dear Bovina Voter:

It is with deep regret that I must withdraw from the race for Bovina Town Council. As you know, I was unable to attend last Saturday's Meet the Candidates night because of family matters and it now appears that I will not be able to serve a full term on the town council. It would be a disservice to you if I ran for office knowing that most likely I would have to leave my seat to someone appointed by the Town Board. You should know that, by law, my name will still appear on the ballot this Nov 6^th but I ask you to pass over it and vote instead for Brent Trimbell.

*BRENT TRIMBELL* is on the ballot for Member of Town Council (two year vacancy). Many of us have watched Brent grow up in Bovina and we know him to be an able, out-going person. He will bring a fresh, young perspective to the council and he is to be commended for taking a serious interest in town business at such an early age. Brent has clear, constructive positions on important issues before the town.

* Brent: opposes trailer parks in Bovina.

* Brent: supports amending the ban on alcohol sales to allow liquor to be sold at the proposed Aman Resort.

* Brent: will encourage second homeowners to participate in town government, including voting in local elections.

Brent will be an energetic, thoughtful town councilman and I am pleased to vote for him on Nov 6th . I will also be voting for Carol Spinelli and MJ Robson, two independent candidates that will help bring the Town Board back in touch with the people. Remember, the two incumbents, Ken Brown and Randy Inman, said last Saturday night that they want trailer parks in Bovina. Surely they are out of step with the majority of us.

Finally, thank you for your support early on in this campaign and for your understanding now. Please participate fully on Election Day - it's our privilege and responsibility.

Sincerely

John Chimento - Voters Choice Party

October 16, 2007

1. Meet the Candidates night is October 13, 2007, 7pm, in the Community Hall. The Historical Society will take your written questions and read them to the candidates. Each candidate will be able to provide their answer to any question. Please attend and support the candidates. Whether you are a voter or not, this is a great opportunity to find out about current issues in the community.

2. These are some of the major issues we expect to be covered that night: the proposed Aman resort and referendum on the ballot to partially lift the alcohol ban; a town wide tax revaluation which will change many of our tax bills; changing the zoning law so as to allow trailers in the hamlet of Bovina; land purchases by the watershed in Bovina; and various issues concerning the highway department, the state of our roads and a new town garage.

3. A recent letter to the Editor of the Daily Star (Oneonta) http://www.thedailystar.com/letters/local_story_270034510.html praising" Randy Inman neglected to mention that Randy and his family are moving and yet he is still running for re-election. If he gets reelected, then when he moves (his farm is up for auction this Saturday) the Board will decide who it wants to fill his seat. This effectively takes it out of your hands. Here is Larry Karam’s response to Rama's letter:

To the Editor of the Daily Star:

David Rama’s (Letter, Sept. 27) praise of Randy Inman, who now sits on the Town Board of Bovina, is a welcome breath of fresh air. Randy’s contribution to the community has been invaluable. He, along with the other board members, went through a tough time during the wind turbine battle. His sense of fairness and community values is unquestioned. Although he voted in favor of wind turbines for beautiful Bovina, which I had opposed, I know his vote was from the heart and was an honest vote. That’s why we will be sad to see he and his family leave as they plan their imminent move to Virginia. But since he is seeking re-election this November I hope he does the only democratic and right thing to do: withdraw from the race and let others have a chance to make their contribution to our community.

Larry Karam
Counsel and Co-Director,
Alliance for Bovina

ON THE BALLOT

Three of four town council seats are being contested

Town Supervisor
Town Clerk
Highway Superintendent
Town Justice

Referendum to allow sale of alcohol in hotel restaurants in Bovina

BE SURE TO VOTE

There are only 397 registered voters in Bovina and candidates have won office with as few as 99 votes. Your vote really matters, so please be sure to vote. If you are not yet registered to vote in Bovina, please check our web site www.allianceforbovina.org for voter information.

If you think you will need an absentee ballot, this is easily arranged by calling the Delaware County Board of Elections at 607 746-2315. Call now to give yourself plenty of time for mailing.

Alliance for Bovina

The complaint stems from a challenge by Ed Rossley to over forty (about 10%) of Bovina's voters in March 2007 which lead the Delaware County Board of Elections to remove some voters from the rolls that they considered not to be "full-time residents" of Bovina. The eight plaintiffs argued that the residency criteria used by the Board of Elections was arbitrary and asked to be reinstated.

After hearing arguments from both sides on Sept 7th, Justice Kevin Dowd said, "What I'm thinking is that they should be allowed to vote in Bovina." Dowd said that he was strongly inclined to rule in favor of Willkie and the others. His decision will likely have far-reaching political consequences. A written opinion is expected within a few weeks.

Read the Daily Star article here for details of the Sept 7th hearing.

NEW WEB SITE FOR THE ALLIANCE FOR BOVINA

Please visit our informative new web site http://www.allianceforbovina.org for the latest news about Bovina, voting rights for second homeowners, local elections and more.

The Alliance for Bovina

The Aman Resort at the Gerry Estate would encompass three towns due to the where the land is located: Bovina, Andes and Delhi. However, the estate house is situated in Bovina making Bovina's alcohol ban a potential problem for the developer without amending the law. Expected tax revenue from the project could have a significant and positive impact on Bovina's revenues but only if the development moves forward. Lifting the alcohol ban as proposed would seem to be crucial to the development.

Fact Sheet Aman Resort at Broadlands Bovina, New York (PDF) Click here...

The Alliance for Bovina