During the public comment period at the beginning of the meeting, Carol Spinelli presented a handout of a section of the Bovina-Stamford border with two boundary lines – one solid and one dot/dash. The map came from the "Delaware County Community Online Mapping Information Tool," which is on the web at http://www.giswebhost.org/delaware/main.asp. Carol explained that she had asked Rettew Engineering what the two lines were. Rettew thought they were two separate town boundaries, one for taxes and one a municipal line or zoning.

Carol explained that this was disturbing, as a landowner in Stamford – which has no zoning and whose Town Board seems to welcome wind turbines – had stated that he had signed a contract to place wind turbines on his property but had requested they be placed on the Bovina parcel. She asked if the Bovina board members and Nicole Franzese, director of planning for Delaware County, were aware that a parcel could be ruled by Stamford for zoning but have its taxes allocated to Bovina.

A discussion ensued. People discussed a tax boundary dispute between Stamford and Roxbury over a residential parcel that seemed to have a similar contradiction. Nicole stated that boundaries on the Online Mapping Tool were not accurate, that this was stated on the website, and that she did not know which line was accurate. She stated although Stamford has no zoning, they do have site plan review. She believes Stamford has an older comprehensive plan but they did not update it with the recent funding. Instead, their town funds were used to create a comprehensive plan for the village of Hobart, since the Tyco plant is located there.

Town board member Chuck McIntosh felt that if turbines were sited within the Stamford town line, Stamford would not want to give up the tax revenue. Michael Kaufman, a resident of Yankee Road who would likely see turbines above New Road and across Pink Street, asked that the Town Board demand very stringent rules to prohibit industrial wind turbines and push at the county level to apply pressure to take action at their level. The board promised to look into the matter immediately.

The discussion then turned to the question of how and whether to survey Bovinians about wind turbines. Hall Willkie, a director of the Alliance for Bovina, presented a survey developed by the Alliance after the survey idea was brought up at the last workshop meeting. He noted that the alliance would help pay for costs of the survey. The owner of each tax parcel would receive a survey (but no more than one survey per person). The survey, which would be anonymous, would ask people two questions: first, do they support industrial-scale wind turbines in Bovina (the up to and over 350-foot industrial type turbines) intended for the grid, and second, do they support small-scale wind turbines (no more than 125 feet) that could be used for individual homes in Bovina, with a limit of one per parcel. The survey would be anonymous and managed by an independent third party.

(After the presenter below the crowd thinned and conversation went back to the survey but we’ve combined the content here.) The board stated that while they were interested in the idea of a survey, they did not want to decide on the issue immediately. When industrial turbine opponents argued that the survey should be completed before the end of Bovina's six-month moratorium on turbines so that the results could inform the planning board's decisions, they stated that there was no rush--if the board's work had not been completed within six months, the moratorium could always be extended. The town with the county would handle all aspects of the survey. Chuck McIntosh clarified that when he asked Larry Karam of the Alliance for Bovina to help with the survey, he meant monetary help only. Chuck thought it was a good idea to work together, but the boards would have to vote on it. They will work on that.

The presentation was by Glenn Nealis, director of the Delaware County Department of Economic Development. Nealis works closely with the Delaware County IDA – Industrial Development Agency – that could approve the major state tax-incentive program that provides much of the financing for the wind turbines. This tax program is called PILOT or payment in lieu of taxes. The IDA is a public benefit corporation and tax exempt. Qualifying businesses which are those that the IDA deems provide a public benefit, will receive the IDA's exemption for the term of the agreement. The IDA serves as a financing mechanism, holding large- scale manufacturing business or industrial business bonds, working on public infrastructure projects with the county planning board, and approving and managing PILOT programs.

If the Delaware County IDA, or any other IDA, decides to do a PILOT program for wind turbines in Bovina, the IDA would take title to each parcel of land on which turbines would be sited, and would provide a major tax exemption on the land. Tax payments would subsequently be phased back in over several years, until the land was again taxed at full assessed value. Commercial projects are taxed at 50% of assessed value for the first 5 years, at 75% of assessed value for years 5-10 and at full value after that. Industrial projects are taxed at 25% assessed value in the first 5 years, 50% in years 5-10 and 75% in years 10-15. The deed transfer to the IDA is in name only, similar to a triple net lease. However, Mr. Nealis said that the state recognizes a triple net lease as ownership.

Other tax exemptions would go with the PILOT, such as exemption from sales tax on construction materials and on the 1% mortgage recording tax, 25% of which stays local and 25% goes to the state.

If the land/business is sold during the PILOT and the project would no longer benefit the public say by creating jobs, the PILOT would be cancelled. If the wind plant was approved and then sold, the IDA would have to approve the sale. If the business goes belly up within 5 years of signing, certain benefits would theoretically have to be paid back. There are default provisions. There is no appeals process if the company goes into default. The IDA is overseen by the NYS Comptrollers Office under the state's public accountability laws, which have gotten more and more stringent.

Mr. Nealis stated that the IDA has not been approached by any wind companies. The board was allowed to ask questions, followed by the community.

Mr. Nealis was asked who would pay the cost of decommissioning the turbines. He thought the owner would have to work this out in their lease. But he said that if the IDA entered into a PILOT, they would require strong language to protect themselves from liability for decommissioning; that the IDA would never approve a PILOT without requiring the wind company to purchase a bond to cover the cost of decommissioning. The decommissioning fund would also be available if the corporation dissolves. Nealis cautioned that the IDA would not even offer a PILOT unless there is a “proven discernable benefit to the municipality.”

It was asked what the criteria were for the IDA to consider a project a “proven benefit” to the town. Mr. Nealis stated there were no rules and it is subjective to the board, but in general an increase in tax revenue is not, by itself, considered a sufficient public benefit. If energy leaves the area (through the grid), there is no local benefit in terms of energy creation. An increase in jobs, lowering of electric bills, or the creation of energy for local use would be considered a public benefit.

Since Mr. Nealis repeatedly said that he did not “believe” the Delaware County IDA “would” approve a PILOT program for wind turbines (because they do not seem to provide sufficient community benefit), he was asked if there was another government entity that could provide a PILOT for the wind turbines. Mr. Nealis said that under New York State law, section 485B General Municipal Law, a town can do its own PILOT. However, he thought only Sidney was set up to do this. Stamford residents in the audience thought Stamford has this capability as well. If a PILOT is in place, the project must go through New York State SEQRA process. The State Environmental Quality Review Act requires all state and local government agencies to "consider environmental impacts equally with social and economic factors" when considering whether to approve or fund a project. It was asked how the IDA would enforce any promises of community benefit by wind turbine companies--especially given that enforcement has been almost nonexistent in New York State enterprise zones (which also exempt businesses that pledge to create local jobs and provide other public benefits). Mr. Nealis reiterated that he did not believe that the Delaware County IDA would provide a PILOT for wind turbines. He was asked to put in writing what the IDA feels constitutes public benefits.

It was asked who is on the board of the IDA. Jim Thomson from Mang Insurance is the chair and Scott White of AJS Controls in Sidney is the vice chair. Other members are: George Bergleitner of Delaware County Real Estate in Stamford, Robin Turner former Supervisor of Stamford, Joan Lawrence Bauer of the M-ARK Project, Walter Rich - New York, Susquehanna & Western Railway (Hancock and Deposit), and Jack Thomas, former supervisor of Masonville.

It was asked if a town enters into a 485B, what exemptions it can offer. Mr. Nealis explained that the municipality can only reduce the assessment that is recorded on the books – there is no lease and no protections of a lease. He was asked why the wind companies are still interested in placing turbines here if the county IDA will not provide a PILOT and a town's IDA could not offer substantial benefits. He was asked if perhaps New York State or a public utility would provide the wind companies with a PILOT. Mr. Nealis said he didn't know. He noted that the town of Stamford probably has a 485B because of the large businesses there.

It was asked of Mr. Nealis that he do everything in his power to work with the town and county planning to get the wind companies to meet with the community.

George Silver’s letter was read.

Pat Parsons commented that there is transparency on the wind turbine issue, despite assertions to the contrary. She noted that the planning board minutes of Oct. 18, 2004, August 14, 2005 and June 20, 2005 mentioned wind turbines, and that these are on file in the public library and the town clerk’s office. It was noted that an entire year's worth of earlier minutes have been missing from the library.

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