June 20, 2006 letter to Cohocton Town and Planning Boards by F. Jeffrey Goldthwait, J.D.

Date: June 20, 2006

To: Town Board and Planning Board of Cohocton

From: F. Jeffrey Goldthwait, J.D.

I am a resident, property owner, taxpayer and registered voter in the Town of Cohocton.

I hereby claim the right on behalf of myself and of all residents and property owners in the Town of Cohocton to honest, impartial, knowledgeable, lawful and equal representation of all the people, by each and every elected and appointed official of the Town of Cohocton. You all took and signed an oath of office. I suggest you review that document. We the people intend to hold each and every one of you to the letter and spirit of that oath.

All public officials of this town have an obligation and duty to fulfill and execute the duties and responsibilities of his/her office in a responsible, honest and non negligent way. Each official must, with respect to any matter over which they have decision making power, at all times avoid any actual or potential conflict of interest involving them and/or their respective families and/or business associates. We the people intend to hold each and every one of you to the letter and spirit of that obligation and duty.

We the people of the Town of Cohocton did not elect you or support your respective appointments for the purpose of leading a UPC financed parade of giant wind turbines through we the people's town, with Wayne Hunt as the self-anointed torch bearing, drum major and the Town Board as grand marshals. Perhaps all of us should pause and reflect upon the meaning behind the upcoming Fourth of July holiday which celebrates a declaration of all of us to be independent and free from the same type of foreign, outside interference and potential harm to our community such as that proposed by UPC.

I respectfully request a written response by the Town Board and Planning Board to each of the following questions set forth in this document and attachments thereto which has been personally served by me on Town Supervisor Jack Zigenfus.

1. What justification does the Town Board and Planning Board have for not reviewing and updating the town's negligently out of date "Comprehensive Master Plan" before making a decision to adopt any new Town Law or Town Zoning Law amendment when such a significant new land issue such as the proposed UPC Wind Turbine Project is being considered?
2. What are the names of the qualified, neutral and independent Legal, Real Estate Appraisal, Financial, Environmental and Small Town Business Development experts whose services the Town Board and/or Planning Board have retained in order to professionally evaluate the proposed UPC project in order to assure all the people of the Town of Cohocton that you are being professional, impartial and thorough in your sworn duty to represent all of the people of Cohocton in a fair, judicious an non negligent manner?
3. What are the names of the qualified, neutral and independent financial experts retained By the Town to analyze the financial worth, stability and performance of UPC (with its former ENRON executive(s) and its parent companies?
4. What are the names of the qualified, neutral and independent financial experts retained By the Town that concluded that a PILOT by UPC was financially more beneficial to the Town than other tax options?
5. Just what is UPC's track record of successful, completed, fully operating and economically viable wind turbine projects?
6. Would put your own money in a (L)imited (L)iability (C)orporation without insurance? Do you fully understand the severe limitations of legal liability to the Town of Cohocton that UPC will enjoy at our expense and risk?
7. Why has the Town Board taken an apparent "oath of silence" and not responded to any public questions about the negotiations between the Town and UPC?
8. Why is it that the only expert legal counsel drafting documents and proposed Town laws in this matter retained and paid for by UPC?
9. When will the Town Board and Planning Board address the issues raised as to the legality of some of the meetings held to date?
10. Is not this proposed wind farm project in clear violation of the stated purpose of our newly enacted Zoning Law? Article 1;Sec. 120;2,4,7 which states in part that the "PURPOSE of said law is:
"2. To encourage the most appropriate use of land, to conserve and enhance the value of property:…
4. To provide for open spaces and recreation areas, protect natural resources, agricultural land, scenic areas…
7. To assure privacy for residents and freedom from nuisances and noxious conditions disturbing to the senses or harmful to the health, prevent unsightly, obtrusive and noisome activities, and generally enhance the community."
11. The proposed UPC project also violates Local Law No. 2 of the year 1987; Section 4. which reads:
4. DUTY OF MAINTAINING PRIVATE PROPERTY
No person owning, leasing, occupying or having charge of or control of any premises within the Town of Cohocton shall maintain or keep any nuisance thereon, nor shall any person keep or maintain such premises in a manner causing substantial diminution in the value of other property in the neighborhood in which such premises are located.

We the people of the Town of Cohocton respectfully request answers to all of the above questions. We believe we have a right to the answers and that the Town Board and Planning Board have a legal, ethical and moral duty to provide us with written answers.