Thursday, December 20, 2007

SCIDA December 20, 2007 Letter by James Hall

December 20, 2007

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

SCIDA Board,

Cohocton Wind Watch has disputed that industrial wind projects have an economic benefit for Steuben County. The recent reports in the press and media about the failure of Steel Wind UPC turbines illustrates that SCIDA has an asserted responsibility to reject wind projects. Enclosed is a Buffalo News account: http://www.buffalonews.com/cityregion/story/227898.html

It has never been proven that Steuben County has the wind resources or needs additional electric generation. When SCIDA acts as the lead agency on wind projects it bears total responsibility to fulfill your own mission statement. Previously submitted evidence proves that no significant local employment will be achieved. These industrial machines are not safe and won’t produce any meaningful reliable energy. Government subsidies are not justified for UPC.

UPC started construction of the Cohocton/Dutch Hill project on August 23, 2007 without proper permitting. In the host agreement with the Town of Cohocton, Section 17.2.4. PILOT Agreement; UPC contemplates a PILOT Agreement. By starting construction before SCIDA took control or a PILOT was approved, UPC accepts the business risk of SCIDA rejecting a PILOT exemption. As Board members, if you vote to approve a PILOT, for a project already under construction without proper permits or inspectors on site, you bear individual responsibility and liability and become an accessory to a scheme to defraud NYS taxpayers. UPC already has numerous problems with uncertified turbines. “ClipperWind, the manufacturer, and UPC Wind and BQ Energy, wind farm developers, reported that a problem is forcing them to replace the gearboxes on all eight windmills.”

There has never been any attempt for historic mitigation for the UPC Dutch Hill and UPC Windfarm Prattsburgh projects for the Towns of Naples and Wayland. No legitimate PILOT can be approved that includes the, disclosed eleven (11) turbines that fall within the Naples School District. Town and School Districts have the authority to opt out of PILOTS. Independent tax authority can exercises its right to opt out of the Tax Exemption provisions of New York State Real Property Tax law §487, pursuant to the authority granted by paragraph 8 of that law or by any other provision of law. Naples School Board members have publically stated they reject a SCIDA PILOT. Surely SCIDA has no authority over Ontario County?

Read the recent news report: Naples, Bristol residents hoping the PILOT won't fly by HILARY SMITH Messenger Post Staff
http://batr.net/cohoctonwindwatch/2007/12/naples-bristol-residents-hoping-pilot.html

Democratic & Chronicle Editorial: Local development corporations need watching
http://www.democratandchronicle.com/apps/pbcs.dll/misc?

Community opposition to the UPC Windfarm Prattsburgh project and PILOT is evident from the defective public hearing on Dec. 12, 2007. How can the public voice their comments and provide thoughtful analysis on a PILOT when the actual agreement is not written or provided for review prior to the public hearing? Since Board members were not present, and because of a long pattern of deceptive conduct and the failure to have a professional stenographer memorialize minutes by the Executive Director, CWW challenges the legitimacy of such a public hearing.

The fact that a new public hearing has been announced for UPC - CPP and CPPII on Jan. 18, 2008 proves that SCIDA admits that the original public hearing on the Cohocton/Dutch Hill project was invalid. A 10:00 AM schedule also shows the deliberate intent to discourage the working public from attendance.

It is suspect whether James Sherron has communicated to the Board the intensity and extent of documented evidence of UPC falsehoods. His malicious actions and personal conflict of interests, place the SCIDA Board in legal jeopardy. It has also come to our attention that financial gain related to the approval of industrial wind projects may come to parties involved in that authorization. If these alleged allegations are proven true, malfeasance of the SCIDA Board could become a major issue.

The consistent misrepresentation by Mr. Sherron regarding the significance of the March 28, 2007 audit of SCIDA by the Office of the New York State Comptroller, is cause for his dismissal. SCIDA has become a rogue IDA that willfully violates the mandates of NYS and has betrayed the public trust.

There is no defensible argument for SCIDA to approve a PILOT exemption for the UPC Cohocton/Dutch Hill project, the UPC Windfarm Prattsburgh project or the EverPower Howard project.

Governor Spitzer has called for greater regulation of the IDA’s. The NYS legislators need to vote on re-authorization of the IDA’s. SCIDA is under the watchful eye of elected officials. As a Board member you need to prove that your duty is to the best interests of all the citizens of Steuben County. Wind ‘Special Interest’ Developers must not be granted a PILOT exemption.

Cordially,

James Hall for CWW

cc: Governor Spitzer, AG Cuomo, Senator Winner, Assemblyman Bacalles

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