If you read in Freeman the article Accord roller rink co-owned by Ulster County Legislature Chairwoman Terry Bernardo losing tax breaks you know that Skate Time 209 is among the businesses targeted by the Industrial Development Agency for failing to create the number of jobs they promised in return for 6-figure tax breaks.
Len Bernardo admits the couple promised to create those jobs, but he said job creation was not a condition of the final contract. Really Len? Really?
This is the first page of Bernardos’ 2005 application for financial assistance (tax breaks):
Look again in the box above, where is clearly stated:
- IMPORTANT NOTICE: The answers to the questions contained in this application are necessary to determine your firm’s eligibility for financing and other assistance from Ulster County Development Agency.
Now look at the Bernardos’ answer to Question #6:
See the whole application – signed and notarized. Feel free to comment and explain to Bernardo why his answer played its part in determining the eligibility for financial assistance: IDA is about creating jobs.
– Jon Dogar-Marinesco
Rochester Smoke Out 
But if that requirement wasn’t codified in the actual CONTRACT, then it’s pretty much meaningless.
Do you think the IDA would revoke the pilot if they didn’t think they had grounds? Not all contracts have to be in writing. If there is sufficient evidence to believe that an oral agreement was not carried forward on the written agreement, they can be held liable. There are usually clauses contained in contracts for slimy people like the Bernardos who say one thing and do another.
Hey 6:26 Don’t mind that big mouth Balling, he is a know it all who comments on the Freeman everyday like he is some sort of genius.
I’d like to see the final contract. Does anyone know if there is legal jargon that refers back to the information provided in the application?
“We will create 26 jobs upon opening” – signed and notarized! – is either a promissory note or perjury. Why did the Bernardos file employment reports with IDA during the years? Padded as they were, still shows that they understood fully well their obligation to create jobs. I doubt they would go to court, there are too many skeletons in their closets waiting to be brought to light.
Very valid points!
Perjury is not a problem for them! In Bernardoville it’s probably called a “technicality.”
Maybe Patty Jaconsen notarized it she does dead people also