For Immediate Release: April 9, 2008
Contact:
Keith P. McKeever | Public Relations | Adirondack Park Agency
contact@apa.ny.gov | (518) 891-4050
RAY BROOK, NY – Adirondack Park Agency proactive in attempts to avoid potential violations related to siting telecommunication facilities at the Essex County Public Safety Building.
Recent public comments by members of the Essex County Ways and Means Committee, expressing displeasure with imposition of a $1,000 civil penalty for the unauthorized installation of telecommunications antennas, on the County Public Safety Building, warrant a response from the Adirondack Park Agency.
Park Agency staff developed a good cooperative working relationship with County representatives during review of the Essex County Public Safety Building permit application (P2004-252). This relationship continued during subsequent pre-application discussions related to planned installation of telecommunication antennas at this location. Staff was surprised and disappointed to discover approximately five antennas installed at the site without Agency approval.
Agency staff expediently reviewed permit application 2004-252, which the Agency Board approved at its March 2005 meeting. The County recorded the permit as required by law. This permit authorized the construction of the Public Safety Building and contained a specific condition requiring a new or amended permit prior to the installation of any telecommunications towers or antennas at this site.
As part of the initial review of the Public Safety Building permit application, Agency staff repeatedly inquired about the probable need for the County to install antennas and other telecommunications equipment at this facility, both in writing and in discussions with County representatives. Responses to these inquiries indicated there were no plans to install telecommunications facilities, even though Agency and County officials knew facilities would have to be located onsite, at some time, in order for the Public Safety Building to be operational.
On April 26, 2006, Deputy Director for Regulatory Programs Mark Sengenberger, project review officer John Quinn, and staff attorney Mitch Goroski participated in a meeting specifically requested by the County to discuss the County's plans to install antennas at the Public Safety Building. The County was represented by Noel Merrihew (Chairman, Board of Supervisors), Fred Buck (County Superintendent of Public Works) and Henry Hommes (County Sheriff).
Agency representatives specifically discussed the need for the County to apply for and receive Agency approval, in the form of a new or amended permit, prior to the installation of telecommunications equipment on the roof of the building. The Agency encouraged the County to coordinate closely with the New York State Police, which was potentially interested in co-locating on the building.
Regardless of whether the lack of permits was an intentional decision or lack of proper oversight by the County, the Agency believes that it made all reasonable efforts to avoid such a situation.
Under the law, municipal government and other state agencies are treated the same as individuals or corporations and held to the same standard. It is unfortunate the settlement had to include a monetary civil penalty. However, this was necessary since Agency staff repeatedly advised county representatives of the need for Agency permit approval.
It is important to note that during settlement negotiations the Agency at no time required the removal or discontinuance of the telecommunications equipment in use for public safety communications.