SCIDA Sept 27, 2007 Anti-trust Notice Letter by James Hall

September 27, 2007

Steuben County IDA
7234 Route 54 North
Po Box 393
Bath, NY 14810-0393

Messrs Sherron - Executive Director, Michael Doyle - Chairman, Philip Roche - Vice Chairman, George Connors - Secretary, Richard Weakland - Member, Michael Nisbet - Member, Douglas Malone - Member and John Sirianni – Member:

This letter serves as official notice that SCIDA and the above individuals are being named to the expanded Anti-trust complaint and investigation. It is alleged that criminal conduct, collusion, bribery and an organized effort to fix market allocation has been going on in the industrial wind industry in Steuben County, other NYS counties and regional states.

SCIDA is urged, in the strongest terms, to withdraw and withhold any PILOT approval with the Town of Cohocton, the Cohocton-Wayland School District and the County of Steuben. Construction has started in Cohocton before a PILOT agreement has been approved. Full industrial tax rates must be assessed on the value of the UPC Project and also applied to the tax accounts of every property owner who has an industrial structure on their property.

UPC has already stated in writing to SCIDA a minimum of $2.9 million for the Cohocton project and $1.5 million for the Dutch Hill project per year. Why are we not holding them to anything even close to that amount?

IDA’s have a mandate to create local jobs. From the righteous outrage of Union rank and file at this meeting, it is obvious that for SCIDA to ignore the need of NYS job creation malfeasance of your duty will be committed. The general contractor Mortenson and UPC has broken their pledge to develop this project using NYS union labor.

Therefore, it is not only prudent but legally necessary to reject any PILOT approval for the UPC Cohocton/Dutch Hill project. UPC has violated the law by starting the project without required building permits and payment of permit fees.

Approval of a PILOT De Facto is unconstitutional and would be challenged in court. SCIDA is at grave risk and bears the responsibility and liability of enacting a fraudulent scheme to defraud the tax payers of the Town of Cohocton and the State of New York.

Cordially,

James Hall for CWW