(Disclaimer: I speak for myself in this op-ed article, not anyone else).

The Bethany Open House passed without incident last night. Very few residents showed up to view the available report, so there are many copies left at the Town Hall (hint, hint, go get one while they're free).

TAXES

I will say I was unhappy with the cover letter that accompanied the reports last night -- it listed the tax inflation over the next twenty years as being 50%. Well, sure, but due to inflation EVERYTHING will go up 50% over the next twenty years. That does not necessarily mean that we need turbines to survive.

I have been attending Town meetings because of the wind issue and that has made me aware that the town is in financial difficulties. I can VERY MUCH appreciate the Town wanting to pull in some 'free' money. However, a small tax increase will allow the town to stay in the black and meet the future with no debts. I know, I just said 'tax increase' (shudder). The reality is that, for Bethany residents, town taxes are only 10% of our total tax bill. A town increase of even 5% for 2008 would translate into a total tax increase of only one-half percent -- my taxes would go up only about $14 as a result. It is the county and other taxes that hit the hardest and the town has no control over those.

In a conversation I had last night, one resident is thinking of including a check for 50% of his taxes along with his wind survey, saying "here's a 50% increase on my taxes, now keep the @#$@# things out of here." I chuckled at that, as I did at the resident who asked if the turbines could be damaged by local residents who might be unhappy with them. (Answer: yes and quite easily).

GOOD QUESTIONS ASKED

Residents who did come asked some good questions and spurred some interesting conversation.

Among them: what about lawsuits? Here's my take as the author of the legal section (remember, although I have spoken with legal counsel on this, I am not a lawyer): given that the study committee has provided actual incidents of turbine damage, complete with damage radius (distance from the tower to any major destruction), the Town now has some legal responsibility. Of course the Town can create setbacks of any size, however ... if the Town creates setbacks LESS than the known damage radius, they could be sued for failing to protect citizens. With or without an accident to support that suit. If the Town creates setbacks MORE than the known damage radius, they could be sued to show just cause. Presumably this suit would come from a landowner who wanted a turbine and was prevented by excess setbacks.

In short, the Town is obligated to protect the community, but not hinder development unnecessarily. Keep in mind that the Town does not have to take the word of the committee for damage radius. They can refer to other reports if they believe that those reports have more accurate numbers -- again, this could be challenged, but the Town would then have some legal backing in either direction. That's my understanding of the issue.

I also authored the section on physical damage limits, so I believe those numbers are the most accurate available. I have been known to make mistakes, however, so I'm open to someone proving me wrong (not just yelling about it but actually showing evidence).

COMPETITION

Another question: what if the Town, seeking to maximize profits, approaches Golisano, Horizon or Noble to get an alternate project quote to the one that UPC presents? Well, certainly the Town can do that and I would argue that it SHOULD. The Town is supposed to secure the best living conditions and tax situation for its residents and seeking a competitive quote would be a natural step.

However, there is an interesting consequence for any landowners who may have ALREADY signed leases. You have probably heard of mineral rights, water rights, etc. Wind rights are becoming legal fodder just like any other natural resource that you can buy and sell on your land. Any landowner who has already signed a lease with UPC Wind has (in all likelihood) SOLD THEIR WIND RIGHTS. I can't say that for sure since I haven't seen a Bethany contract, but I have seen other towns' contracts and they are explicit. The landowner has sold their wind rights -- WHETHER THE UPC PROJECT GOES UP OR NOT. This means that if the Town goes with another wind energy company, that company will have to negotiate with UPC to buy those wind rights and the landowner will (presumably) receive correspondingly less money from the new wind company. Furthermore, the landowner cannot erect even a small, non-commercial windmill for personal use without permission from UPC Wind over the next ten to twenty years - EVEN IF NO COMMERCIAL PROJECT GOES UP.

This is one of the big reasons I feel that anyone who signs a wind lease before a project approaches SEQR stage is an idjit. Sorry if I just hit you with that, but you should ALWAYS ask for a lawyer before you sign anything. I won't even sign standard forms at the doctor's or hospital without thoroughly reading them and have questioned them before. This is bigger. If you have signed, get a lawyer and fast.

CAN'T SEE THE FOREST FOR THE TREES

Finally, someone mentioned that the process doesn't make sense -- referring to the entire process of planning, permitting, studying and erecting turbines. Agreed. In some areas, it doesn't make sense. However, very often you have to look at the small picture rather than the large one.

For example, MET towers are largely needed for financing. Some companies will do a song and dance about needing them to determine where to place the towers, but the reality is they have computer modeling programs to do that. UPC Wind, in particular, just signed on with a new vendor for state of the art modeling software, so they could certainly estimate tower placement within the town if they chose. However, the bank / financing agency will not release funds without at least some MET data -- even as little as three weeks' worth. Why? Because the bank wants to know that the wind modeling -- the computer projections of how much wind is there -- are accurate. All they need to see is a few weeks of real data that matches the projections and they're happy.

So, does it make sense to erect these big ol MET towers only a couple of weeks before starting the project? If the MET tower was to measure the wind, you'd think they'd need a years' worth of data. But, if you look at it from the bank's perspective, it makes perfect sense. All they want is a test to show that the projections are right and the wind really is there.

BTW, if you're wondering where I'm getting three weeks from, another project in this area went up exactly that way. Our committee has been in contact with this town's officials and wind liaisons and have an inside track as to what REALLY goes on.

ON ANOTHER FRONT

Finally, something that didn't have to do with the meeting last night, but I'll throw it in because it fits. I recently spoke with an engineer who is bidding some of the construction oversight on a wind project elsewhere in NY. As the engineer was walking the site with officials from the wind company, the question arose as to what would happen to the roads if they were damaged during construction -- who would repair? It was the wind company's contention that the TOWN would pay for it. No ifs, ands or buts.

Here's the rub: on one side, the town's zoning probably states that the wind company will fix whatever road damage they cause. On the other side, the town will have (already on the books) fixed road weight figures as to how much traffic and weight the roads can take. If the turbine construction traffic manages to fit within that weight limit, the wind company will argue that the damage was normal wear and tear ... and therefore not covered under the special wind zoning. And they will have some legal precedent to win that case.

"The first thing we do," said the character in Shakespeare's Henry VI, is "kill all the lawyers."

In the meantime, let's see what happens in Bethany. I FIRMLY believe that landowners have the right to do what they want with their property, as long as it is safe. Let's make sure that if this gets done, it gets done RIGHT.

-- Loy