January 11, 2007
Steuben County IDA
7234 Route 54 North
Po Box 393
Bath, NY 14810-0393
SCIDA Board, Michael Doyle - Chairman, Philip Roche - Vice Chairman, George Connors - Secretary, Richard Weakland - Member, Michael Nisbet - Member, Douglas Malone - Member and John Sirianni – Member:
Enclosed you will find a copy of the Media/Press Release from attorney David P. Miller. The ruling by Supreme Court Judge Furfure means that the merit of the three Article 78 actions before her court will be heard.
SCIDA has scheduled a NEW (first was not a legal public hearing) Public Hearing on the PILOT proposal for the UPC Cohocton/Dutch Hill project, on Friday, January 18, 2008 - 10:00AM at the Atlanta Court Office. The lawful compliance of this UPC project is in legal jeopardy. Because of the gravity of the litigation and the overwhelming public objection to this project, I urge that the entire SCIDA Board be present for the entire Public Hearing.
For SCIDA to even consider, much less vote on a PILOT for this UPC project under the current circumstances would be a grave error. I have called this date, the SCIDA office and confirmed that your next meeting is at NOON Thursday, January 24, 2008. I request written verification if this UPC PILOT will be voted upon at this time, or when it will be on the agenda.
Substantial documentation will be presented at the January 18, 2008 Public Hearing. The record is voluminous and deserves specific and inclusive individual review by each board member. The current Clipper turbine failure at Steel Winds is no small issue. The lack of authority of SCIDA to impose a PILOT outside of Steuben County is real. The Naples School District is in Ontario County and the Springwater property owners, who are part of the Wayland-Cohocton School District, are in Livingston County.
As you are already aware, the conduct of your executive director, James Sherron has been questioned. Individual board members are at risk of malfeasance. SCIDA may well be named as a party in a fraud action. Each board member has a personal duty to protect the public interest. The appearance that SCIDA acts as a private business venture for the benefit of certain factions is real. If alleged allegations prove to be factual, the entire board could be culpable.
Cordially,
James Hall for CWW
cc: Andrew Cuomo – NYS Attorney General
Eliot Spitzer – NYS Governor
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