Cohocton Town Board Dec. 18, 2007 Letter by James Hall

December 18, 2007

Cohocton Town Board
15 South Main Street
Cohocton, NY 14826

Town Supervisor and Councilmen,

Cohocton Wind Watch asks that this correspondence be read at tonight’s meeting and be placed in the minutes. The Naples Valley Bristol Hills Association opposes any PILOT for the UPC project that includes turbines within their Naples School District. At the Naples School Board meeting on December 12, 2007, James Sherron, executive director of SCIDA, announced that the PILOT for the UPC Cohocton project would not be voted on at their Dec. 20, 2007 session.

Attached is a copy of a Cohocton Wind Watch October 12, 2007 letter to the Town Assessors. It states that since a valid PILOT has not been approved, that full industrial utility commercial taxes must be assessed and collected on the value of the UPC project. Supervisor Zigenfus has openly expressed at a meeting his support for taxing the UPC project at normal rates in the event that a PILOT is not approved. If the UPC project is built, every tax payer in the Town of Cohocton deserves the benefit from full tax assessment from such commercial development.

Note that there has been no effort to assess fair value on the numerous UPC test towers that have been constructed over the last few years. The Cohocton Assessors have not replied to the CWW October 12, 2007 letter and have not announced any assessed value for the UPC Cohocton/Dutch Hill projects. If the assessors need the guidance of ORPS in this task, it is imperative that the Town of Cohocton engage and demand NYS assistance.

A full industrial value on the components and additions not included in the Special Use Permits application like test towers and extra assess roads needs to be put on the tax rolls. In order to avoid a class action law suit, it is in the mutual interest of all Cohocton residents, property owners and tax payers that the Town Assessors publically disclose their assessed value on the UPC project. Approval of a SCIDA PILOT is very much in question.

It is the position of CWW that SCIDA no longer has the authority to legally approve a PILOT after the start of construction. In the UPC/Town of Cohocton Host Agreement Page 33, Section 17.2.4, UPC acknowledges that a PILOT is contemplated. There is no representation that a SCIDA PILOT is guaranteed. SCIDA’s conflict of interest as a land owner and UPC leaseholder in the project undermines its authority to approve a lawful PILOT. The March 28, 2007 audit of SCIDA by the Office of the State Comptroller illustrates problematic conduct of Mr. Sherron.

Also enclosed is a Buffalo News report 12/12/07 entitled - Gear problems shut down windmills in Lackawanna. The Clipper 2.5MW turbines at Steel Wind have design and mechanical failures and are still not certified by Germanischer Lloyd. These turbines are purported to be the same proposed for Cohocton. It is crucial that town officials take proactive measures to demand OSHA and all other federal and state oversight inspections to ensure public safety during construction and operational service.

Cohocton Wind Watch warned about gear box problems during the SEQRA process. Our concerns were ignored and no effort was made by the Town of Cohocton to ensure that NYS regulator agencies intervene. It is time to protect public healthy and safety and tax at full value.

Cordially,


James Hall for CWW

cc: Cohocton Town Assessors, Cohocton Planning Board, SCIDA, NYS ORPS, Senator Winner, Assemblyman Bacalles, AG Cuomo, Governor Spitizer