Wind farm tax dispute settled

By TOM KANE

HONESDALE, PA — The Wayne County Commissioners settled out of court a tax dispute about the assessment of the Waymart Wind Farm with the Florida Power and Light (FPL). Wayne County Attorney Lee Krause made the announcement at the commissioners’ meeting on September 20.

As originally stated by the county assessment office, the agreed assessment stands at $12,143,000 for the 43 wind turbines. FPL had appealed the original decision in Common Pleas Court earlier in 2005.

“As a result, we have negotiated on several occasions. Perhaps the most productive was on August 5, when the solicitor of Western Wayne [School District], myself, the attorney for Waymart Wind Farm and other individuals—through telephone conference—were involved in discussing a settlement,” Krause said.

The attorney for the Forest City School District was also involved in the decision, Krause said.

The company agreed with the county’s board of assessment that its 2004 and 2005 combined taxes would be $176,041 to be distributed among three taxing authorities. Wayne County will receive $25,865; Western Wayne School District will receive $137,862; and Forest City School District will receive $12,313.

“It also requires that the execution be passed on from our taxing authority to the school districts for their approval at a public meeting,” Krause said.

The school districts were expected to accept the settlement, he said.

FPL’s argument that the actual turbines should not be taxed because they are free-standing pieces of machinery and not real estate was not disputed by the county, said John Nolan, Wayne County’s chief assessor. The tower structure and the tower pad are included in the assessment, he said.

The wind farm stretches along Moosic Mountain through Canaan and Clinton Townships.