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Lastest News - July 2nd, 2007

The New York Times' "Escapes" section last week noted the rise in "second homeowner" voter registration but did not provide a correct interpretation of the law according to a New York State Board of Elections Commissioner, Douglas A. Kellner, and attorney Bruce Kraus, both of whom responded with this "Letter to the Editor:"

Published: June 29, 2007
To the Editor: New York’s second-home owners have broader voting rights than your June 22 article “The Principle of 2nd Home, 2nd Vote” may lead readers to infer.

Second-home owners have the perfect right to register and vote at their beach or country homes, even if their primary residence is elsewhere. New York State law gives dual resident voters the right to choose either their primary or their secondary home as their voting residence for all purposes, as long as they have legitimate, significant and continuing attachments to both places. Choosing one, of course, means voting only there, except in those few localities that make a special exception for voting in local elections.

Douglas A. Kellner
Bruce R. Kraus
New York, N.Y.

Mr. Kellner is a co-chairman of the New York State Board of Elections and Mr. Kraus is a member of the New York Democratic Lawyers Council.

The Alliance for Bovina urges everyone to stay on top of this important issue, especially as it concerns the upcoming elections for 3 of the 4 Council member seats on the Bovina Town Board. Remember that one must be registered to vote at least 30 days prior to the election.

As we stated last week, we are expecting a legal challenge very soon as to those who have been denied their right to vote in Delaware County. If what Kellner and Kraus describe in their letter is recognized by the Court in the upcoming challenge, one may register to vote in Delaware County, assuming other qualifications are present, without having to show tax returns with a Bovina address, and other such documentation, which the Delaware County Board of Elections has thus far insisted from certain Bovina citizens.

The Alliance for Bovina

May 17th, 2007
Dear Neighbors:

Although Bovina now has a strong wind ordinance that bans industrial wind turbines, industrial wind development still threatens us here in Bovina and in nearby towns. We remain concerned and will work to keep you informed.


Governor Spitzer's Article X Initiative

Governor Sptizer has proposed putting the state's new energy development under the control of a state commission which would preempt local laws, such as Bovina's wind ordinance. Referred to as Article X, the legislation faces an uphill battle in the state legislature because it usurps "home rule", the historic foundation of New York municipal law. However, it is a real threat to the hand full of towns, like Bovina, that have taken strong positions on this issue.


News from Stamford and Meredith

Our friends in Stamford and Meredith are battling well organized and well funded wind developers. The Alliance for Bovina continues to support anti-industrial wind efforts in these towns, financially and otherwise.

In Stamford, the Town Board passed last night a wind ordinance that would pave the way for Invenergy to build a 34 turbine wind project. Larry Karam, Co-Director and Counsel to the Alliance for Bovina, has helped the Western Catskill Preservation Alliance retain legal counsel that will bring the Stamford Town Board to court under an Article 78 proceeding in the coming weeks. There is a long, difficult legal battle ahead as we keep up the pressure on Invenergy and the Stamford Town Board. For more on the Stamford wind project, go to http://www.westerncatskillpreservationalliance.org/

In Meredith, the Town Board is moving decisively towards wind development despite the strong opposition of a majority of residents. At their meeting on May 14, 2007 the Town Board presented a draft ordinance that would be among the least protective wind ordinances ever enacted anywhere in the United States. You may read it at http://www.allianceformeredith.org/

Coincidentally, both the Stamford and Meredith ordinances allow that any provisions may be "waived" if it's in the "in the best interests of the town." This very dangerous language gives the Town Boards the power to undo what little protection these ordinances provide to home owners and the environment. Those of us in Andes and Bovina should be very thankful that, for the moment, we have very strong protections in place.


Voter Challenge in Bovina

Presently, at least 42 voters have had their registration challenged by Ed Rossley who claimed that, as second home owners, they have no right to vote in Bovina. Some have been cleared by the Delaware County Board of Elections, some cases are still being investigated, and some voters have been told officially that they will be removed from the rolls because their "domicile is in a county other than Delaware County". Voters that have been "disqualified" have decided to seek protection in the courts. Their voting rights campaign could help bring Delaware County in line with other progressive New York counties where all residents are welcome in the political process. This could very well be decisive in our local elections in November 2007. Please contact us at info@allianceforbovina.org to find out how you can get involved.
May 3rd, 2007
NEGATIVE LOCAL EFFECTS OF WIND ENERGY CITED IN NEW STUDY BY THE NATIONAL ACADEMY OF SCIENCES
The National Academy of Sciences' recent study on wind energy, published on May 3, 2007, says that wind turbines likely do not reduce pollutants, do slow heat-trapping gases but that any benefits are felt nationally, not locally. Local problems are cited including the difficulty in measuring the effects on bats and birds. The New York Times article can be found at http://www.nytimes.com/2007/05/04/science/earth/04wind.html?_r=1&oref=slogin. You can also go directly to the website of the National Academy of Sciences at http://www.nasonline.org/site/PageServer. The study can be purchased at http://books.nap.edu/catalog.php?record_id=11935.
April 10th, 2007

Andes Votes to Ban Commercial Wind Turbines

Dear Neighbors:

The Andes Town Board voted unanimously on April 10, 2007 to approve
the town's new wind ordinance. The ordinance has three main points:

1) Bans commercial wind turbines.
2) Allows small residential wind turbines.
3) Requires an "economic viability" study in the case of a public
utility wind project.

There were about a dozen people in the audience for this historic
vote. The town board members did not make any public statements about
their positions on wind development. After the vote, the audience
congratulated board members.

Now that Andes has joined Bovina in banning commercial wind turbines,
we hope that other town boards in the region will appreciate better the
strength of public opinion against industrial wind development in the
Catskills. The vote in Andes is one more important step in promoting
the rural and scenic qualities of our area.

Alliance for Bovina

April 9th, 2007
Town of Bovina Board Members’ Position Statements on Wind Turbines
On March 13, 2007 the Town of Bovina voted to ban commercial and residential turbines. Tina Mole, supervisor, and the 3 councilmen of the Bovina Town Board, each read a statement of their position prior to the vote. Tina, Chuck McIntosh and Ken Brown voted for the ban. Only Randy Inman voted against the ban. Councilman Roger Brain, who recently died, had prepared a position statement and this too was read at the public hearing by his wife, Karen Brain. All statements, except Tina Mole’s, are posted here. Tina Mole's statement will be posted as soon as it is provided to the Alliance.

These statements were not handed out in advance or at the public hearing. We reported what we felt was important based on what we and others heard. Ken Brown took issue with how we described his position and the fact that we omitted mention of Roger Brain's statement. Ken's letter to the Alliance containing his complaints is also posted here. The Alliance's response to Ken's letter is here. Since Roger had not voted, we did not mention his statement. We apologize to Karen, and everyone else, for not making some mention of it.

We thank Karen Brain for getting the statements converted to PDF and for sending them to the Alliance for posting. Along with the statements some documentation was included but due to space limitations we have not posted it. If you want any backup documentation, please contact Ken Brown. The Alliance tries to keep this site current as far as our mission is concerned. We are not the Town's official web site nor do we represent that the site posts everything produced or submitted by the Board.

The Alliance is pleased that a ban on commercial turbines was passed. We were disappointed with a ban on residential turbines and felt that the Board did not provide convincing arguments why it supported that part of the ban. We take issue with some of the statements made by particular Board members and are disappointed that some stated they wanted commercial wind development in Bovina. Some Board members described those opposing wind development in rather disturbing terms. You can draw your own conclusions after reading the statements. Since the Alliance has never been advised of the specifics as to what some consider, for example, "intimidation," we are in no position to comment other than to remind everyone that (a) the Alliance always favored a civil atmosphere and respect toward the Board; (b) we never interfered with the Board "doing its job" nor did we encourage anyone to interfere; (c) citizens have the right to state their feelings and positions, even strongly if needed; (d) a CLEAR AND CONVINCING MAJORITY DEMANDED THE BAN; and (e) the Town sponsored survey proved THAT THE MAJORITY AGAINST WIND DEVELOPMENT WAS EQUALLY DIVIDED AMONG FULL-TIME RESIDENTS AND PART-TIME RESIDENTS.

Chuck McIntosh expressed hope that the division in Bovina over the wind issue is now behind us and that we need to cooperate and work together. We agree. Let's hope it happens.

Tom Craveiro
Larry Karam
Hall Willkie

Alliance Response to Brown’s Letter
Dear Councilman Brown:

We have received your letter of March 20, 2007.

Our synopsis of the March 13th Town Board Public Hearing was intended to present the points we felt were significant to our members and supporters in a clear and succinct fashion. Since none of the Board's statements was pre-printed and distributed to the public, the only way we could communicate the proceedings to our supporters was by paraphrasing from what we heard. Any reader should understand the difference between paraphrasing and quoting. We do not believe we attributed any quotations to you. However, if you feel your position was not accurately summarized on our site, we ask that you e-mail your complete statement to us at info@allianceforbovina.org as soon as possible so that we can post it. For completeness, we ask of the entire Board that all statements be sent to us for posting on the site.

Since you obviously go to and read our web site, you should know that we encourage civil and constructive dialogue with all members of the community. Every effort is made to correct inadvertent errors that may appear on our web site, or in any other material produced by the Alliance for Bovina. Once we receive your statement we will review it and make any correction as to the "facts" of your statement and position on wind turbines.

We will also be willing to post your letter of March 20th on the web site once we receive your statement. If you would prefer we do not, please let us know.

As directors of the Alliance for Bovina we have always encouraged respect for the process of local government and have endeavored to get people involved. We have also encouraged respect for our local officials, especially at this time of heightened emotion over a very controversial issue. These are our operating rules.

You mention "the intimidation factor, accusations and harassment” experienced by board members. We do not know what others may have said or done that you would characterize this way, but we assure you that our policy has always been to be constructive, respectful, and civil. In the future, if you believe there is anything which would be considered harassment or intimidation and attribute it to the Alliance, please let us know immediately.

Respectfully,

Tom Craveiro Larry Karam Hall Willkie

cc:

Tina Mole'
Chuck McIntosh
Randy Inman
Karen Brain
Roberta Burgin
Nicole Franzese
Rosemary Nichols

March 13th, 2007 - BOVINA TOWN BOARD VOTES TO BAN WIND TURBINES
BOVINA TOWN BOARD VOTES TO BAN WIND TURBINES


In an historic vote on March 13, 2007, after months of controversy and research, the Bovina Town Board banned wind turbines from this scenic Catskill town. Bovina is the first town in the Catskills to take a clear position against industrial wind development. The Bovina vote follows a twelve-month moratorium during which residents made their views known to town officials through open meetings sponsored by the board, hundreds of letters, a town survey, a petition, and a poll sponsored by industrial wind opponents. The vote was three in favor of a ban, one opposed. About sixty people attended the public hearing before the vote.

"We see this vote as a sign that democracy can work," said Larry Karam, co-director and counsel of the Alliance for Bovina, which organized against industrial-scale turbines. "The great majority of people in this town opposed large wind turbines, they spoke up, and the town board and town supervisor listened. Our town board deserves its share of the credit for what has been accomplished. "

The wind turbine issue has heated up across the region as large wind developers, eager to take advantage of federal and state incentives, have secretly signed agreements with local landowners to site industrial wind turbines on the area’s scenic mountain ridges. Since New York is a “home rule” state, the small rural towns where these projects are being proposed are forced to address this complex issue on their own, expending great amounts of time and energy. Bovina has shown itself to be a small giant by opposing wind development and asserting its right to home rule. Hundreds of residents have contributed to the effort. Town Board members who voted for the ban cited public opinion as their main consideration.

Hall Willkie, co-director of the Alliance for Bovina, explained that the Alliance was formed to help concerned citizens organize their opposition to corporate wind developers targeting the Catskills. “When we first learned of the threat of these huge wind projects in February 2006,” says Willkie, “developers had already signed leases with property owners on ridges stretching across four towns. We were playing catch up. We could see that projects had moved forward quickly in other parts of New York where there was no opposition. Most of our constituents supported alternative energy but felt that clusters of 410-foot-tall wind turbines would be inappropriate for this scenic area. There were strong concerns about views, health, safety, noise, and property values. The Alliance polled the entire town and found 83 percent opposed having industrial wind turbines here. Our efforts focused on making sure the voice of the majority was heard.”

PUBLIC COMMENTS Some of those attending the public hearing asked for changes to the draft law before the vote. Six speakers asked that turbines for residential use be allowed, claiming that as an individual right. Larry Karam said the Alliance for Bovina had steadily supported small wind turbines (under 125 feet) for home use. As for the draft law’s exemption for farms, he asked that it be strengthened to close possible loopholes. Peter Henner, attorney for the Alliance for Bovina, asked that the law be clarified to allow only one turbine per farm in the case of an agricultural exemption. The Town Board decided, however, to vote on the draft law as written and they made no changes.

STATEMENTS BY THE BOARD Before voting, each board member made a statement. Tina Mole’, Bovina Town Supervisor, said she was voting for the ban based on public opinion and existing zoning law. Chuck McIntosh and Ken Brown both supported wind as an alternative energy but said they would vote for a ban to represent the majority of the town. Randy Inman said he could not vote for a ban because he felt industrial wind development would provide needed energy and revenue without adverse impacts, based on what he had learned at Tug Hill, the largest wind project in New York. McIntosh, Brown and Inman also said they found those opposed to industrial wind development had been insulting and intimidating towards the Town Board. To the contrary, the Alliance for Bovina feels that those supporting a ban of industrial wind development simply exercised their rights as citizens, generally, in a thoughtful, respectful manner. Many observers have found Town Board members unwilling to engage in constructive dialogue on this issue and this has isolated them unnecessarily from their constituents.

WIND LAWS IN THE CATSKILLS Bovina’s new law, which is an amendment to its zoning law, bans all wind turbines (both commercial and residential) but allows for wind turbines used to power a local farm, a right that is granted by the state of New York. The law goes into effect once it is recorded with the New York Department of State. Bovina is now one of a handful of upstate New York towns to ban commercial wind development—and the first in the Catskills. Others Catskill towns soon will have to make their own decisions. In Andes, the Planning Board has recommended banning commercial wind turbines but allowing residential and farm turbines; the Town Board is expected to concur. In Stamford, Invenergy, LLC has proposed a 34 turbine project which appears to have the support of town officials although local opposition is strong. In Meredith, where opposition to wind development is also strong, town officials appear to be split. The Alliance for Bovina actively supports those working to ban commercial wind development in these neighboring towns.

Tom Craveiro, co-director of the Alliance for Bovina, sees the vote as part of a broad movement to head off inappropriate wind development. Craveiro said “I believe the vote to ban commercial wind turbines in Bovina will encourage other towns in our area to do the same. Bovina was fortunate because our comprehensive plan and zoning ordinances made it clear that industrial wind development was not part of the community’s vision for itself. Rather, our goal is to preserve the town’s scenic, rural and agricultural character. Neighboring towns without zoning lack this guidance. We have benefited greatly from the efforts of those before us who gave Bovina a blueprint for the future. But it is up to each generation to be good stewards of the land and that is what we have done here. Time will tell if other Catskill towns will stand up to powerful wind developers and do the same.”

The new local law can be seen here

March 8th, 2007
Bovina Town Board's Ban on Wind Turbines - Tuesday - March 13, 2007 - 5:30PM

The Bovina Town Board will convene a Public Hearing on its proposed zoning ordinance amendment, which bans commercial and residential turbines but allows "farm" turbines, on March 13, 2007 at 5:30 PM at the Community Hall. Town Board members are expected to state their individual positions for the first time. You can read the proposed amendment here. Following the hearing the Town Board is expected to vote on the new law.

We remind everyone:

a. Your attendance at the hearing next Tuesday, showing your support of the amendment, is crucial. We expect those who favor commercial turbines in Bovina will put pressure on the Town Board to reject the proposal.

b. If you cannot attend, please send a letter or e-mail to the Town Board showing your support of the amendment. Write to: Bovina Town Board, P.O. Box 63, Bovina, New York 13740 or E-mail to: TOBovina@dmcom.net.

c. Tina Mole has said that the Town Board is expected to pass the amendment.

d. The Alliance wants the best law possible, one without ambiguity, no loopholes, and one which will not lead to litigation. We are in the process of having the Alliance's attorneys review the amendment and hope that by the Public Hearing we will know if the law is good as is or if it needs modifications. We do not want the "farm" exemption to be used as a "foot in the door". We must be sure that only qualified, small turbines can be installed on qualified, working farms.

YOUR ATTENDANCE AT TUESDAY'S PUBLIC HEARING IS CRUCIAL.

Thank you for your support,

Tom Craveiro, Larry Karam, Hall Willkie
Co-Directors, Alliance for Bovina


February 28th, 2007
BOVINA TOWN BOARD ENDORSES WIND TURBINE BAN – Feb 28, 2007

Dear Bovina Neighbor:
In a short, dramatic meeting on February 28th, the Bovina Town Board took an important first step towards banning industrial and residential wind turbines. The four board members (Tina Mole’, Randy Inman, Chuck McIntosh and Ken Brown) all agreed to submit the town’s draft wind ordinance to the Delaware County Planning Board for review. This amendment to local zoning law was made available to the public at the meeting and is posted on our web site http://www.allianceforbovina.org for everyone to read. It would ban all industrial and residential turbines from Bovina but would allow small turbines for farms. New York State’s Agriculture and Market law already grants this right to farmers. About 30 people attended the meeting and they gave a round of applause to the board members when the motion carried.

WHAT HAPPENS NEXT?
Government procedure requires that the Delaware County Planning Board review Bovina’s proposed zoning amendment, usually a formality. The proposed law will then be discussed at a specially convened Public Hearing, scheduled for March 13, 2007 at 5:30 PM in the Community Hall. The Town Board will likely vote on the new law at that meeting. Once passed, it would be sent to the New York Dept. of State to be duly recorded and would then go into effect. This is expected to happen before the end of Bovina’s Wind Moratorium on April 26, 2007.

STAY INFORMED, ATTEND THE PUBLIC HEARING ON MARCH 13TH
It has been one year since the threat of industrial wind turbines first became known in Bovina. Since then, many people have contributed time, money and ideas in our effort to protect Bovina and surrounding areas. Our efforts appear to be bearing fruit in Bovina, as well as Andes, where their planning board last night recommended a ban on industrial wind turbines. In Stamford and Meredith the situations are much more precarious. If we can achieve a ban in Bovina, this will encourage our neighbors to do the same and effectively protect the western Catskills. We have gotten this far by mobilizing public pressure. We need to keep that up at this decisive moment. If you have any questions or comments about the new wind law in Bovina, contact us at mailto:info@allianceforbovina.org

Please plan to attend the Public Hearing on the new wind ordinance, March 13, 2007 at 5:30 PM in the Community Hall. This will be an historic event for Bovina and your attendance is very important.

Sincerely,
Tom Craveiro,
Larry Karam,
Hall Willkie
Co-Directors, Alliance for Bovina

February 27th, 2007
Urgent! We have just learned that a special Town Board meeting will
take place on Wednesday, February 28, 2007 at 5:30 PM. We have been
informed by supervisor Tina Mole' that the purpose of the meeting is for
the Board to vote on and pass a "motion" to submit a draft wind
ordinance, one already prepared by the Town's attorney, to the County
Planning Board for its review and approval. The proposed ordinance,
according to Tina, will ban all commercial and residential turbines from
Bovina but allow the so-called "farm" turbines which are already
permitted under New York State's Agriculture and Market law. We have
not seen the draft ordinance so we cannot give you any more information
at this time nor can we confirm that a ban will be actually passed.

Please attend the meeting if you can. Until we see the legal language
of the ordinance, we cannot just sit back and let things happen without
EVERYONE'S involvement in this important process in our community.

We are also informed that on March 13, 2007 at 5:30 PM at the Community
Hall there will be a Public Hearing on the proposed ordinance at which
time the public may comment and ask questions. Immediately after the
public hearing, the Town Board is going to vote on the ordinance. If
the Town attorney has already drafted an ordinance at the direction of
the Board, it would appear that the vote will be one passing the
ordinance. Everyone who can should also attend the Public Hearing.

We do not expect any surprises in the process outlined here because all
of the information came directly from Tina Mole' on Tuesday, February
27th, in a conversation with Tom Craviero, co-director of the Alliance
for Bovina.

Larry Karam
Co-Director and Counsel
Alliance for Bovina

February 19th, 2007

The Bovina Town Planning Board announced its recommendations for wind turbines in Bovina. The planning board members - Chris Ingvordsen, Anne Bonne, Pat Miele and Roberta Burgin - were given a choice of four options. They could also add their own comments to their choice. Each read a statement announcing their choice along with their comments. After we review the record, we hope to bring you at a later date a more detailed account of what each planning board member said and what transpired at the meeting. We will also provide you with our analysis and critique of the four choices and each member's statement. For now, we want to report to you the four choices and each members’ recommendation:

1. Complete ban on all commercial and residential turbines

2. Ban on commercial turbines and residential turbines; allow** farm* turbines

3. Ban on commercial turbines; allow** residential and farm* turbines - Chris and Anne

4. Allow** all turbines - Pat and Roberta

The only member to qualify their choice was Roberta Burgin who indicated that she chose #4 only if it included significant financial/tax incentives. She also said that if there is a ban she would choose #1, a complete ban on commercial as well as residential turbines.

What do these recommendations mean? The planning board’s recommendations are just that, recommendations. The Town Board can accept or reject the recommendations or come up with its own solution to the issue. We anticipate the Town Board to announce its decision at its next meeting in March.

* farm turbines are those allowed by the N.Y.S. Department of Agriculture and Markets to run a farm

** with review and oversight by the planning board.


February 7th, 2007
Town Survey Results Show Majority Want BAN of Commercial Turbines in Bovina
On February 5, 2007, the Bovina Town Board's consultant, Tom Shepstone,
presented the results of the Town of Bovina Wind Power Survey. The
results show that, as in the Alliance for Bovina's Poll last year, an
overwhelming majority do NOT want commercial turbines anywhere in
Bovina. Despite survey problems, including poor wording, lack of
definitions, biases favoring industrial turbines and other issues, the
citizens of Bovina found their way to clearly and unambiguously tell the
Bovina Town Board: DO NOT ALLOW INDUSTRIAL TURBINES IN BOVINA.

The survey results were presented at a special joint meeting of the
Bovina Town Board, Bovina Planning Board, Delaware County Planning, and
Shepstone Management Company. About 100 people packed into the
community hall to observe the proceedings, an unusually high turnout.
Tina Mole', Roberta Burgin and Chuck McIntosh made opening statements
before Tom Shepstone presented his survey results. The meeting ended
with a question and answer period when many people explained their
criticisms of the survey and Mr. Shepstone defended his findings. The
discussions were respectful and everyone had a chance to voice their
opinions

SOME HIGHLIGHTS FROM THE TOWN SURVEY:

• The most remarkable result showed that there is NO
division between full-time residents and part-time residents in their
opinions on large turbines. A similar majority of both groups opposes
large turbines in Bovina. According to Shepstone, statistically, the
opinions of second home owners were identical to those of full-time
residents on most of the issues surveyed.

70% of ALL those surveyed did not like the look of
turbines on the mountains and 75% of full-time residents did not like
their look.

71% of ALL those surveyed thought turbines were a
major distraction

383 respondents thought real estate values would
be a Major Concern compared to only 55 respondents saying it was not a
concern.

380 respondents thought that the impact on the
Quality of the Landscape a Major Concern compared to only 65 respondents
saying that it was not a concern.

75% of ALL respondents thought that "wind farms"
would be a liability to Bovina

For complete results, Click here

The Alliance for Bovina is very pleased that the survey results show
most Bovina residents oppose commercial wind turbines in our town and
that this issue not just a "second home owner" issue. We welcome
everyone in Bovina to be a supporter of the Alliance in its fight
against commercial turbines in our area and our future efforts on other
important issues which need more community involvement.

WHAT HAPPENS NEXT:

As we understand the process ahead, the Planning Board will now give
their recommendations for a wind ordinance to the Town Board, perhaps as
early as the next Planning Board meeting on February 19, 2007. We
expect the planning Board will offer up two or three opinions, with some
members favoring turbines and others opposing them. The members of the
Planning Board are Roberta Bergin, Pat Miele, Anne Bonne' and Chris
Ingvordsen. We will report to you what each planning board member
recommends on this issue. We hope that any Planning Board member who
has been thinking of allowing turbines in Bovina will change his/her
mind given the results of hundreds of e-mails and letters, the
Alliance's Poll, the Alliance's Petition, and the Town survey results.

After the Planning Board issues its recommendations, the Town Board will
take these into consideration as it begins work on a law to regulate
wind development. We expect the Town Board deliberations to begin at
their meeting on March 13, 2007. Tina Mole is quoted as saying that she
has already asked Rosemary Nicols (Town Attorney), and Nicole Francese
(Delaware County Planning), to prepare a law which bans commercial wind
turbines. We hope that this request means the entire Town Board agrees
with this type of ordinance. Town Board members are Tina Mole', Chuck
McIntosh, Ken Brown and Randy Inman. (Roger Brain recently passed away
after a long struggle with cancer. His seat has not yet been filled.)
We will report to you how each Town Board member votes on this issue.
With elections in November 2007 for several Town Board seats, it is
important for every voting citizen to know how each board member votes.
The mandate from the majority is clear and not open to question: ban
commercial wind turbines in Bovina.

We will keep you up to date as things progress over the next several
weeks. Please feel free to e-mail us any comments at
info@allianceforbovina.org


Hall Willkie
Larry Karam
Tom Craviero

January 29th, 2007
Dear Bovina Neighbor:

The Bovina Town Board has scheduled TWO important public meetings for Monday evening, February 5th, in the Bovina Community Hall. Everyone should attend.

REAL PROPERTY TAX ISSUES, 5:30pm The first public meeting of the evening will address real property tax issues. Bovina has seen a whopping increase in tax bills this year although the town budget has remained about the same. There will be a panel of experts to discuss the equalization rate, inventory of taxable properties in Bovina, and a future revaluation of assessments. The panel will take questions from the public.

Reminder: The Broadlands estate, much of it located in Bovina, recently sold to a financial group with plans for a luxurious Aman Resort. This could result in a significant increase in tax revenue to the town.

WIND POWER SURVEY RESULTS, 7:00PM The second public meeting of the evening will address the results of the wind power survey undertaken this month by the Town of Bovina. Tom Shepstone, the consultant who wrote the survey, will present his results. Board members will speak about issues surrounding the survey. The public will be invited to ask questions and make comments.

The Alliance for Bovina will raise issues regarding this poorly written survey and will follow up on our petition to the Town Board, signed by hundreds of residents, requesting that the survey be rescinded.

EVERYONE concerned about wind development in Bovina should attend this meeting and show the Board that a MAJORITY is AGAINST industrial wind turbines and that we want the survey rescinded because it is biased, confusing and misleading.

Watch our web site, http://www.allianceforbovina.org for the latest news about these important meetings.

The Alliance for Bovina

News -January 26th, 2007
Dear Bovina Neighbor:

As part of our active community outreach during the Town of Bovina Wind Power Survey, the Alliance for Bovina has noted that approximately 100 town surveys were not delivered -- out of a total 870. The Delaware County Planning Department was responsible for mailing the survey and incorrectly addressed many by using

The correct owner's name...BUT the previous owner's address!


Except for just a few, these 100 were mostly downstate or out of town property owners. The fact that so many surveys had not reached their destination became clear during the Alliance's telephone and email outreach. We notified town officials about the many people who had not received their survey and supplied a list of their names and correct mailing addresses. Replacement surveys went out sometime last week...some as late as Friday, January 19th (the survey deadline). Unfortunately, these replacement surveys went out with the original cover letter repeating that the deadline was January 19th. We have now been told that the deadline has been extended, and these replacement surveys will be included in the final tally.

At this time, many of you are finally receiving your survey. The Alliance for Bovina encourages you to complete your survey and mail it immediately. Please write any comments you may have onto the survey and request that they be made part of the public record. Many people are also writing letters directly to the Bovina Town Board and including them with their survey.

In addition, please don't forget to make a copy of your survey and mail it to:

The Alliance for Bovina
PO Box 98
Bovina Center, New York 13740

News -January 22th, 2007
Members of the Alliance for Bovina have spoken with a number of town officials over the past few days about our questions regarding the Town of Bovina Wind Power Survey and I would like to share with you some of what we have learned:

1. The undeliverable surveys were re-mailed to the correct addresses and a new survey was provided to those who just never received one. Because some surveys arrived late, the Town Board will continue accepting these late-mailed surveys after January 19, 2007, which was the official deadline. At this time, we do not know how many surveys had to be re-mailed or if every returned survey was re-mailed.

2. This survey was written by Tom Shepstone and Alan Sorenson, two consultants hired by the Delaware County Planning Department. Although the survey was not written by town officials, it was reviewed by a subcommittee consisting of two Town Board members and two Planning Board members (Tina Mole, Chuck McIntosh, Roberta Burgin and Anne Bonne'). They made some editing changes before the survey was sent out.

3. There is still no date for the public meeting at which Tom Shepstone will be available to answer questions about the survey. We will let you know as soon as we learn of the date and place. We hope that the members of the subcommittee will also be present and that they will answer questions as to why they approved the survey.

4. The Alliance has taken a strong public position that the Town's survey is biased, confusing, and misleading. Among other significant problems, we believe that the survey was unnecessarily divisive and discriminatory by asking for one's residence status. We are asking the Bovina Town Board to rescind this survey.

If you have not already done so, there is still time to sign our Petition to register your opposition to this survey and to industrial wind turbines in Bovina. Many people have already signed. Please click here to sign the petition electronically.

Larry Karam
Co-Director and Counsel
Alliance for Bovina

Update on the Town of Bovina Wind Power Survey - January 12, 2007

1. The Survey is NOT being received by everyone.

As many of you know, the Survey has numerous problems. Most important is that the Survey has not been received by everyone:

- We estimate that probably more than 50 have not received their surveys

- Some surveys had the right name but the previous taxpayer's address

- Many of these "bad" addresses occurred on properties that transferred years ago

- Many received their tax bills at their correct address, but not their survey

- Some surveys had completely wrong addresses for no apparent reason

- Most of the reports we have received of bad mailing come from those who are NOT full time residents

2. Is this the Bovina Town Board's survey?

The Survey says Town of Bovina. Yet, we are told that it was written, compiled, and mailed by the County Planning Department that is run by Nicole Franceze (607-746-2944). Everyone whom has not received a survey is to call Nicole. So, who is ultimately responsible for the mailing problems and, more importantly, the confusing wording and bias of the survey? We are not sure. We do not know if each member of the Board actually read the survey and, if so, whether they individually approved it. We hope to ask each of them this question at the next opportunity. (The Survey was written by Tom Shepstone and Alan Sorensen and not by the Town Board. See News Item dated January 22, 2007 for more details)

3. Does the Town Board know of the problems with the Survey and, if so, what are they doing about it?

This is very difficult to know. We understand that many calls, and probably some letters or e-mails, have been sent to Tina registering your complaints with the survey. We are told that the County has a large pile of returned surveys. We cannot get much information from Tina or the Board. We offered to sit down with Tina, the Board, and the County Planning Department, or anyone actually, to try to discuss the issues and what can be done about the survey. That overture has not been accepted. Recently we learned that there will be a meeting that will include the individual who wrote the survey. We do not know if the meeting will be open to the public, or if they will take questions. We will keep you posted as to the date of the meeting.

4. Alliance's position on the Survey:

The Alliance believes that the significant problems with the mailing, and the confusing and biased nature of the survey, make the survey a disaster and it should be terminated. The Board has already said that is knows a clear and significant majority do not want large, industrial turbines in Bovina, and that this is demonstrated by the Alliance's Poll and all of your letters, e-mails, and speaking up at the meetings. We hope the Board remembers this and moves on to writing an ordinance banning industrial wind turbines.

We will soon post on this Website a detailed summary of the numerous problems with the survey. Some of what we observe is in an e-mail we sent out and posted here (click). Many of you have pointed out even more confusing aspects of the survey including words and concepts which are not defined and which are somewhat technical, and that turbine size is not specified for most questions even though the instructions give you basic, but incomplete (no height size) definitions.

5. The Petition

The Alliance started a petition protesting the survey as one small way to help convince the Board that this survey is a disaster and that it should be terminated. The petition is not legally binding, and it is just a simple way to organize a protest to the survey. If you live in Bovina, or are listed on a property deed, or receive a tax bill, or are a registered voter, you should sign the survey. We do not know if the Board will pay heed to it; but we hope so.

Larry Karam

Co-Director and Counsel

Alliance for Bovina

January 2nd, 2007 - Click here to view the Town Survey
The Town of Bovina's survey on Wind Turbines has been mailed and should be in your mail box now or in the coming days. This survey is extremely biased in FAVOR of industrial wind turbines in Bovina. Therefore, the Alliance for Bovina recommends the following:

1. Every property owner and/or registered voter should receive a survey. If you have not received a survey by 1/4/07, please contact the Alliance for Bovina IMMEDIATELY at: Info@allianceforbovina.org. Or you can call 607-832-4330.

2. Even though you may disagree with how the survey is worded, the Alliance urges you to:
ANSWER the entire survey. Some questions may be difficult to understand. If you have questions, please contact us.

WRITE in your comments as to how you feel about industrial turbines in Bovina at the end or back of the survey. The survey avoids asking this basic question in a clear and concise fashion. If you are troubled by wording of the survey, WRITE those comments as well.
ADD this phrase to your comments: PLEASE MAKE THIS SURVEY AND MY COMMENTS A PART OF THE PUBLIC RECORD.

MAKE two (2) copies of your completed survey. Return the original in the envelope provided. Keep a copy and send the other copy to the Alliance. Do not include your name if anonymity is important to you. We want to make sure that when we review the original surveys none have been accidentally discarded and that your comments are preserved for the public record. You can scan it and e-mail it back to us or just mail the copy to:

Alliance for Bovina
Box 98
Bovina, New York 13740.

3. The Alliance for Bovina's Position on the Survey:
We had supported the Town's desire to have a more detailed survey in spite of the Alliance's recent Poll showing that an overwhelming majority is against industrial turbines in Bovina. However, it appears that the Town Board is determined to (a) separate locals from everyone else and (b) find statistics supporting industrial turbines for Bovina. We see no other reason for this survey. For example, even though you may be completely against industrial turbines in Bovina, you are "forced" to answer questions about them anyway. This will allow the Board to cherry-pick only specific answers without regard to how you really feel about industrial turbines. Many questions do not give you the option to indicate that you are "against industrial turbines" no matter what the question asks.

Our polling consultant has told us preliminarily that the survey is poorly worded, questions without a number designation (see #10) will be difficult to tabulate, the design is wrong and mostly unprofessional, and the survey is clearly biased in favor of placing industrial turbines in Bovina. "Traps" are built into some questions because you are not provided with certain definitions such as "land use," "basic property right," and "certain districts of Town." Question #18 is disturbing (because you are not told the difference between "full Environmental Impact Statements" and "basic Environmental Assessments") as well as Question #19 (because you are not told the definition of "development right for Town purchase," "dedicated new taxes," or "public purchase of land."). All of these terms have a very specific legal meaning which the Board is aware of but you are not.

We are concerned with the Board's continued effort to divide the Town by asking if we are full-time residents (question #2) and if we have a "vacation" or second home (question #3). The Alliance believes that these questions are (a) contrary to good government and the Board's fiduciary duty to represent everyone paying property taxes and/or registered to vote, (b) that they constitute a form of discrimination and (c) that there is no legitimate reason to separate local/full-time from non-local/full time citizens for this issue. The Alliance believes these questions were asked because the Board appears to be mainly "concerned" with the views of local/full time residents (i.e., the majority of voters, at least currently.) We intend to have the survey professionally evaluated, publish the results for the public to read, and submit it to the Board to show that in a biased survey, results supporting the bias are unreliable.

The Alliance will continue its efforts to oppose industrial turbines in Bovina by A. Exposing the kind of deceptive government demonstrated by this survey B. Promoting representation of all citizens and, if necessary, C. Helping to change the composition of the Town government.

The Alliance for Bovina's confidence in achieving these goals is strengthened by similar efforts by the other Alliances in our neighboring towns in Delaware County.
Please stay informed by reading our e-mails, reading the local papers, going to our website at http://www.allianceforbovina.org, or contacting us directly by e-mail or phone.

December 20th, 2006

What's happening with Bovina's wind ordinance?

The Bovina Town Board still has not said what type of wind ordinance they will support or when it will be enacted. Board members have said they are waiting for the results of a town sponsored survey on the wind issue. We have been assured, however, that the Town Board understands that the Alliance and a majority of people in Bovina want a ban on industrial wind turbines. Continued public pressure is the only way to remind them that this is the course of action we expect of our Town Board. The moratorium on wind development in Bovina expires in April 2007.

When do we get the Bovina Town Board's wind survey?

The Bovina Town Board still plans to send out a detailed survey on wind development. However, this survey has been delayed repeatedly over the past four months and the public has still not been told when the survey will go out or what it consists of. Tina Mole', Bovina Town Supervisor, now expects the survey to be mailed by the end of the year. We will let you know as soon as we learn more about this important piece in the Town Board's strategy.

What's happening in neighboring towns?

The situation in the towns neighboring Bovina is precarious. Roxbury and Stamford are facing the first industrial wind project in Delaware County, with a first phase of 34 turbines, each 410 feet tall. The Chicago based developer, Invenergy, has launched a well-funded publicity campaign to build support for the project in the face of a public outcry. If they cannot be stopped, construction is due to begin in 2007. In Andes, the Planning Board recently failed to adopt an ordinance proposed by the Andes Alliance that would ban industrial wind turbines and the town board has extended their wind moratorium. In Meredith, the Planning Board seems poised to recommend a strict wind ordinance while the Town Board appears to favor a pro-wind ordinance. The Alliance for Meredith is working hard to build community support for an ordinance that will protect residents from industrial wind turbines.

What's in the wind for 2007?

The moratoriums on wind development in our Delaware County towns will expire in the coming months and final decisions will have to be made by our Town Boards. Wind development is the most far-reaching issue to be addressed by these towns since the watershed was established. It's clear that in 2007 the future character of the Catskills will be decided. Let's all resolve to stay involved with this issue and see our efforts to a successful conclusion.

Seasons Greetings from the Alliance for Bovina!

October 10th, 2006
Bovina Town Board votes to extend wind moratorium for six months.
At its regular meeting, the Bovina Town Board voted to extend for six months the moratorium on wind development. The reason given by Tina Mole' was that local officials were caught up in flood damage repair over the summer and more time was needed to prepare for a final decision by the Town Board, including drafting a local ordinance and undertaking a town survey. Mole' said she hopes to complete the Board's work by the end of the year. No Indication was given of what decision the Board is favoring.
Bovina Community Poll – A Resounding NO to Industrial Wind Power – Results Announced on September 25, 2006
An overwhelming 83% of those polled in Bovina oppose industrial wind turbines in their town. The Alliance for Bovina announced on September 25, 2006 the results of their community poll on wind turbines. Given the growing controversy over wind development in the area, the poll asked residents of Bovina for their opinion about whether or not they wanted industrial wind turbines or small wind turbines in their town. An overwhelming 83% were opposed to industrial wind turbines being located in Bovina, only 16% were for, 2% had no opinion. The community was evenly divided about allowing small turbines for individual homes or businesses, with 48% against and 49% for, 2% with no opinion (Totals do not equal 100% due to rounding). The impressive response rate of 62% means the poll accurately reflects the entire town, according to pollsters. Look here for the full poll results.

The community poll in Bovina is significant since New York is a ‘home rule’ state and each town must make its own decision about wind turbines. Larry Karam, attorney and co-director of the Alliance for Bovina, explained that “the New York State Dept. of State advises that towns should first determine what their community wants. A poll of the entire community was seen as an appropriate first step, yet one that has not yet been undertaken in any other town of upstate New York”.

Karam said that after speaking with so many people in the community, hearing their concerns through their letters and emails – it seemed a simple solution. “We saw our role as fulfilling that first step and asking a simple question – does Bovina want industrial wind power plants here or not? The issue of small-scale wind turbines is much less controversial but it also needed to be addressed. The Town of Bovina may do a more detailed survey on the topic in the future and they may uncover the reasons for ambivalence on this issue of small turbines for individual use. But when it comes to industrial wind turbines, I don’t think there is much more anyone needs to know in Bovina.”

The poll was sent to every taxpayer and registered voter in Bovina with the official mailing lists coming from the Delaware County Real Property Office and Clerks Office. The poll went to all Bovina taxpayers and registered voters, with 540 responding. The response rate of 62% is considered by pollsters to be so large it represents accurately the entire population. Each person received only one poll, no matter if they were both a registered voter and taxpayer, or if they owned more than one parcel.

To assure the poll remained anonymous, it was verified and the results tabulated by an independent pollster in Milford, PA. The pollster separated a signature portion from the poll after insuring that the person responding was on the list of those to be polled. The polls were mailed out on September 3rd and the deadline was September 15, 2006

A comprehensive analysis of the poll results will be presented at the October 10th meeting of the Bovina Town Board and will be posted here. It is not clear what decision the Town Board will make about wind turbines but they have indicated that a decision is likely before the end of the year.

September 14th, 2006
BOARD ANNOUNCES END OF WIND WORKSHOPS

The political landscape for wind in Bovina changed unexpectedly at the wind workshop on September 11th.

Tina Mole’, Bovina Town Supervisor, announced the end of the joint Town Board/Planning Board wind workshops. The reason she gave is that the Town Board feels that all the topics identified early on for the workshops have been covered. After a few, final public comments about wind development at this last workshop, the Boards went into executive session "because of the threat of litigation" and the public was asked to leave. Later, I talked with Tina and she clarified where we go from here:

Extension of Wind Moratorium Next Wednesday, September 20th, at 6:30pm in the Community Hall, there will be a public hearing to extend the wind development moratorium for another six months. Tina expects that hearing to be short. She said the extension is necessary for the Boards to complete their work. She expects they will have a law in place by the end of the year. At that time, the six-month extension would be cut short by enactment of the new local law.

Planning Board Takes Over The Planning Board will now take up the wind issue and eventually make recommendations to the Town Board. The Planning Board will wait for two things before discussing this topic: 1) the return of the town survey expected to go out at the end of September (the current Alliance for Bovina poll is not part of the town survey), and 2) a draft amendment to the local zoning law which is being prepared by Rosemary Nichols, our town attorney. We do not know when this will all be accomplished, but certainly sometime in October. The regular Planning Board meeting will be on October 16th. The rules for public input at the Planning Board meetings will be determined by Anne Bonne’, Chair of the Planning Board.

Draft of Bovina’s New Wind Ordinance We do not know what sort of draft law Rosemary Nichols will present to the Planning Board. We do know that the Alliance for Bovina has made it very clear that we are looking for a Malone, NY style law which bans industrial wind turbines and allows only small, individual turbines for home or business. We will all be watching the up-coming proceedings of the Planning Board very carefully.

Tom Craveiro

August 28, 2006
Bovina Town Board shows concern for the impact of wind development on local birds at the August 21st workshop:

To assist the Bovina Town Board with its study of the potential impact of wind development, we are collecting information about bird species that have been sighted in Bovina. If you are a decent birder and have a list of birds sighted here,


Please send an email to lauramcclure@earthlink.net with this information; species, location of sighting, frequency of sighting, and, if you've have it, date(s) of sighting. We are especially interested in sightings of raptors
(golden eagles, northern harriers, red-tailed hawks, bald eagles, etc).

August 16th, 2006
The Stamford Town Board voted unanimously for a six month moratorium!

A 3-0 VOTE

The Stamford Town Board voted unanimously for a six month moratorium on wind development tonight. We've come a long way since last Spring when Town Supervisor Pat Ryan told us in a town board meeting "there'll never be a moratorium in my town". That night there were just three of us meekly asking the Board about a moratorium, tonight there were over seventy in the audience. The crowd made their feelings clear with a big round of applause after the vote.

After the vote, Nancy Haycock was given the floor by Ryan (she has been asking for months to be on the agenda) and she gave a tour de force overview of wind power and what it means for Stamford. Nancy has certainly been paying attention at the endless meetings she's attended all over Delaware County. Her presentation was just right for the moment; calm, clear, thoughtful and hitting all the main points thoroughly. We gave her a well deserved standing ovation. Some people in the crowd said she should take the town board seat that has just been vacated....

OUR MYSTERIOUS WIND DEVELOPER IS ABOUT TO APPEAR

Ryan has asked Invenergy to address the Stamford Town Board at their September 20th meeting. We told one board member they should expect a big crowd (the Hobart hall only holds about 60) and I think there will at least 300. Even the Bovina Town and Planning Board members have talked about going. I expect the Invenergy presentation will be very professional, very calming, very slick. We should be prepared with sophisticated rebuttals to their arguments about how wind development will be good for Stamford. Remember, "It's all about the money".

Congratulations to the good people of Stamford for making the impossible happen tonight.
More on this story
: http://www.thedailystar.com/news/stories/2006/08/21/wind1.html


The Informational Meeting at Bovina Community Hall on August 19th, sponsored by the Alliance for Bovina, was a huge Success!

We thank everyone who volunteered their time to help us run the meeting, and especially all the area residents that joined us and packed the house! We had neighbors from New Kingston and Andes, as well as long-time and just-arrived Bovina residents, all there to gain knowledge and information on the wind turbine issue.

The meeting was a visual reminder that this is more than just an individual issue-this is a community and regional issue-and seeing the number of concerned residents who attended, whether for or against, was very powerful.

We hope all of you that joined us at the meeting found it to be helpful as you make your decision on this issue.

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