December 24, 2006

Cascade County Commissioners

RE: Vote NO to establishing a TIF on Urquhart property

Dear Cascade County Commissioners:

I oppose the TIF for the Proposed Industrial site on the Urquhart property

for the following reasons:

1. It does not meet the objectives in the Cascade County growth policy plan

for the reasons set forth in the litigation by the local landowners opposing

the proposed zoning change and those presented to you at the hearings and by

correspondence prior to your decision, all of which I incorporate by this

reference,

2. Under Montana law a county can only propose a TIF in a legal industrial

zoned district for the purpose of promoting secondary value added industry

which is defined as industry producing a product which adds value to raw

extracted materials. It is not clear that an electric production facility

meets this statutory requirement. In fact this fall the MT Department of

Revenue took the position that it did not which resulted in Fallon county’s

withdrawal of a TIF they had proposed for half the county in order to

develop an electric producing coal plant. And there is good reason for this

because on something as substantial as an electric production facility

subjecting it to a TIF will change the division of tax receipts between

various taxing authorities. Your TIF would certainly have a negative impact

on the city’s tax revenues from the new plant, etc.

3. Your TIF proposal is premature. It is impossible for you to decide

whether a TIF is appropriate until a ROD is issued under the Highwood

station EIS, until the litigation by the local landowners and MEIC opposing

the Urquhart requested zone change is concluded with a court decision

permitting the zoning change to heavy industrial, and without at least an

attorney general’s opinion that an electric production facility would be a

qualifying secondary industry under Section 7-15-4299 MCA.

4. I join many others thanking Commissioner Beltrone for the following:

voting “no” on the zone change on the Urquhart property, listening to the

comments and concerns of the public, the sense to try to protect a national

historic landmark, defending our state constitutional right to clean air and

water, and following the Cascade County growth policy plan.

5. I was disappointed in you, Joe Briggs and Lance Olson. Mr. Briggs, you

are not bound legally to vote for the zone change. You seem reluctant to

exercise your own judgment on whether the 12 points are met which includes a

decision on whether the zoning change violated the growth policy plan for

Cascade County or whether the coal plant would adversely affect the health

and well-being of our citizens If you do not exercise your judgment, what

good are you to the citizens who asked you to lead this community?

6. Mr. Olsen, if you doubt the wisdom of building this coal plant. NOW is

the time to listen to those doubts and to public opinion and change your

votes to oppose the coal plant.

7. Why has the public comment period been shortened from the one discussed

at the last hearing on this matter?

Sincerely yours,

Stuart Lewin