For Immediate Release: February 5, 2009
Contact:
Keith P. McKeever | Public Relations | Adirondack Park Agency
contact@apa.ny.gov | (518) 891-4050
RAY BROOK, NY – The Adirondack Club and Resort project proposed for the vicinity of the former municipal ski area in Tupper Lake (Franklin County) was directed to an adjudicatory public hearing on ten issues by the Adirondack Park Agency Board in February of 2007. It has gained recent press attention as various interests have organized rallies, letter writing campaigns and other efforts to influence the project’s status.
The adjudicatory hearing is being conducted under the general supervision of Administrative Law Judge (ALJ) Daniel P. O’Connell assigned to the project from the New York State Department of Environmental Conservation Office of Hearings and Mediation Services.
On April 18, 2007, a public legislative hearing was held under the supervision of the ALJ to allow for public comment about the proposed project.
On April 26, 2007, a public pre-hearing conference was held in Tupper Lake to begin to determine party status, hearing issues, and to determine a schedule for the adjudicatory hearing. There are about 40 individual parties to the adjudicatory hearing. On that date the project sponsor requested an adjournment of the APA hearing to discuss other required approvals from local and state agencies.
On June 4, 2007, the Project Sponsor provided a status report as requested by the ALJ and requested that further proceedings be adjourned for 3 to 5 months while they prepared documents.
On October 24, 2007, at the request of the Project Sponsor, the pre-hearing conference re-commenced to discuss the Project Sponsor’s suggestion to use mediation to resolve disputes associated with the project application.
On April 23, 2008, a conference was held to finalize a mediation protocol to guide, among other matters, who would be parties to the mediation, the scope of the mediation, the rights of the parties who participated in the mediation, the schedule and location of the mediation sessions, contact with the media, and approval of proposals and settlements. On that date, the mediation protocol was finalized and signed by most of the parties choosing to participate. There are about 32 parties to the mediation.
On May 28 and 29, 2008, the second mediation session was held in Tupper Lake and on July 21 and 22, 2008 sessions were held at the APA in Ray Brook.
At the request of the Project Sponsor, the mediation session scheduled for October 27 and 28, 2008 was suspended indefinitely.
Due to the confidentiality provisions of the Protocol governing the mediation, details cannot be discussed. Nevertheless, at the present time, it is the Agency understanding that the Project Sponsor wants to continue in mediation and continues to prepare revised drawings and analyses to address the ten issues raised in the Agency’s Hearing Order and the concerns raised by other parties to the hearing.
Mediation is a legitimate and recognized procedure which, while confidential in its initial stages, can help the parties to potentially reach partial or comprehensive agreement on revisions to a project and the further work that needs to be done to complete an adequate public record. The results of the mediation, if any, will contribute to the written public record for the adjudicatory hearing. In no way does a mediation agreement bind the Adirondack Park Agency Board to any particular outcome for the adjudicatory proceeding. The Board’s final decision on the project will be decided in an open meeting solely on an adequate public written record of the adjudicatory hearing.
At this time, all parties to the mediation continue to participate in the mediation. Judge O’Connell notes that all requests to temporarily suspend the mediation, which have resulted in postponed sessions, have come from the Project Sponsor. He notes that the mediation protocol allows the sponsor to privately caucus with other parties, without prior notice to the Judge or other parties, and that he is aware of such meetings. Though long, the mediation is attempting to review substantive changes to the original proposal in order to address the issues directed to hearing by the Agency. Upon conclusion of mediation, and to the extent necessary, the formal adjudicatory hearing will commence.
The hearing remains under the control of the Administrative Law Judge and the Agency Board cannot make any project decision until the adjudicatory record is complete and submitted to them.
The “Agency Public Comment Policy” on written comments states that “Public comment will not be accepted at Agency meetings in connection with proceedings for which an adjudicatory public hearing has been convened. Those members of the public who wish to comment with regards to such proceedings should seek to have their comments incorporated into the official record of the proceeding.” Direct oral or written communication with the Agency Board while the hearing is underway is contrary to state law and could undermine the decision process.
Any letters received will be added to the informal, un-sworn testimony portion of the hearing record and will be made available to the Agency Board as part of the full written hearing record at the conclusion of the adjudicatory hearing.
Based on that full public hearing record, all issues in the project can be addressed by the Agency Board in an open meeting and a final decision made on this important project.