Friday, January 18, 2008

SCIDA Public Hearing on UPC Cohocton PILOT January 18, 2008 Letter by James Hall

January 18, 2008

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

RE: SCIDA Public Hearing on UPC Cohocton wind Projects

SCIDA Board Members:

Each SCIDA Board member has been mailed a Press Release from attorney David Miller that announced the recent court ruling by NYS Supreme Court judge Marianne Furfure. In light of this significant decision, it is outrageous that SCIDA could be so arrogant or disrespectful to the rule of law, and grant a UPC PILOT.

The mere fact that Executive Director James Sherron deems it necessary to hold a second public hearing on the same proposed PILOT tax exemption for UPC Cohocton, acknowledges his incompetency and distain for proper procedural administration. If these proceedings are not correctly memorialized by a court stenographer, this second public hearing will also fall short of NYS compliance.

Submitted today are copies of previous correspondence on this subject to be included in the record. SCIDA has been warned several times of the gravity of their continuous unlawful conduct. Board members and employees of SCIDA do not have official immunity. Probable cause of illegal violations, have been alleged. Approval of a PILOT based upon fraudulent claims and representations would have potential criminal consequences.

Based upon overwhelming public outrage opposition, and the written statement of the developer and their willingness to pay $4,400,000 per year, it would be malfeasance to approval a PILOT. SCIDA has not provided transparency of their motive of continuous favoritism of UPC Wind. SCIDA must publically disclose the exact amount of fees and financial compensation that will be derived from their approval of this PILOT. Amounts of $100,000 to $600,000 for SCIDA approval of EACH wind project, has been rumored. SCIDA must disclose in advance of a PILOT approval, any and all fees that they will be paid by the developer coming out of this and any other project.

The SCIDA board must reject any PILOT for UPC Wind/CPPI and CPPII.

Cordially,


James Hall for CWW

cc: Andrew Cuomo – NYS Attorney General
Eliot Spitzer – NYS Governor
George Winner – NYS Senator
James Bacallas – NYS Assemblyman

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