Date: August 10,2006
To: Town Board and Town Planning Board of Cohocton cc: Steuben County Planning Board
From: F. Jeffrey Goldthwait, J.D.
I am a resident, property owner, taxpayer and registered voter in the Town of Cohocton.
I respectfully submit a SECOND request for a written response by each of the Town Board and the Town Planning Board to each of the following questions set forth in this document which has been personally delivered to each Board.
1. What justification does the Town Board and Planning Board have for not reviewing and updating the town's negligently, and irresponsibly out of date (i.e. neither reviewed nor revised since is adoption in 1970) "Comprehensive Master Plan" before making a decision to adopt any new Town Law or Town Zoning Law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 reasonably prudent, diligent and 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 and insurance experts retained By the Town to independently analyze the financial worth, stability, liability risk factors to the Town and its residents 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 to date in the United States?
6. Has the Town Board and/or Town Planning Board contracted with UPC and its related companies to guarantee that full indemnification and insurance coverage is in place to protect every resident and property owner in the Town?
7. Do you fully understand the severe limitations of legal liability to the Town of Cohocton that UPC and its related companies will enjoy at our expense and risk? What are the name(s) of the independent legal counsel, with no connection or relationship, financial or otherwise, to UPC, has the Town retained to represent and protect the legal rights and potential liabilities of every property owner and taxpayer in the Town liabilities?
8. 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?
9. Why is it that the only expert legal counsel drafting documents and proposed Town laws in this matter is retained and paid for by UPC?
10. Why has the Planning Board made proposed amendments to the proposed Windmill Law without first seeking the assistance of the Town Attorney and why did Sandor Fox the Planning Board's Chairman refuse to answer that question when it was asked to him at that board's meeting on August 3, 2006?
11. When will the Town Board and Planning Board address the issues raised as to the legality of some of the meetings held to date?
12. Is not this proposed wind farm project in clear violation of the stated purpose of our newly enacted Zoning Law? Article l;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."
13. Does not he proposed UPC project also violate 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 FOR THE SECOND TIME IN WRITING and at least the SECOND TIME ORALLY answers to all of the above questions by each Board IN WRITING. 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 full honest and accurate responses to the citizens each of you took an oath to serve fairly and impartially.
Very truly yours,
F. Jeffrey Goldthwait, J.D.
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