For Immediate Release: May 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 ski area in the town of Tupper Lake, Franklin County, was directed to an adjudicatory hearing by the Adirondack Park Agency Board in February, 2007. However, the project sponsor suggested the use of mediation to address issues identified in the Agency’s Hearing Order. Mediation began in April of 2008 with the last formal session held in July, 2008. The lack of apparent progress has led to the circulation of rumors and misinformation.
In an effort to expedite a return to the public adjudicatory hearing process, the Agency contacted Administrative Law Judge Daniel P. O'Connell and recommended that he reconvene formal mediation meetings of the entire group as soon as possible.
Presently, mediation is still ongoing in smaller caucuses although a formal meeting has not taken place since July of 2008. The project sponsor continues to prepare revised drawings, plans and analysis to address the original ten issues identified in the Agency’s Hearing Order.
Recent public statements have created confusion related to the project’s status.
“Rumors circulating that the Agency Board will revisit the Adirondack Club and Resort project application at its May 2009 meeting are inaccurate. The process remains under the control of the Administrative Law Judge Daniel P. O'Connell,” stated James E. Connolly, the Park Agency’s Acting Executive Director.
Judge O’Connell said, “The Agency Board cannot make any project decision until the adjudicatory hearing is complete and the formal hearing record is submitted for their consideration. The results of mediation, if any, will contribute to the public adjudicatory hearing record. The Agency Board’s final decision must be based solely on the adjudicatory hearing record.”
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. Members of the public who wish to comment with regards to these proceedings should address their comments not to the Agency Board but to Judge Daniel P. O’Connell for incorporation into the official adjudicatory hearing record:
Daniel P. O’Connell, Administrative Law Judge NYS Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor Albany, NY 12233-1550
Adirondack Club and Resort Project Hearing Timeline
March 9, 2007, the Agency Board directs Adirondack Club and Resort Project to Adjudicatory Public Hearing citing ten issues.
April 18, 2007, a public Legislative Hearing was held under the supervision of the Administrative Law Judge (ALJ) to accept public comment.
April 26, 2007, a public pre-hearing conference was held in Tupper Lake to determine party status, hearing issues, and establish a schedule for the adjudicatory hearing. Forty individual parties were identified to participate in the adjudicatory hearing process. On this date the project sponsor requested an adjournment of the APA hearing to discuss other required approvals from local and state agencies.
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.
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.
April 23, 2008, a conference was held to finalize a mediation protocol to guide, among other matters, who would be parties to the confidential mediation process, 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 this date, the mediation protocol was finalized and signed by most of the parties choosing to participate. There are about 32 parties participating in the mediation process.
May 28 and 29, 2008, the second mediation session was held in Tupper Lake
July 21 and 22, 2008, the third mediation session was held at APA in Ray Brook.
At the request of the project sponsor, the mediation session scheduled for October 27 and 28, 2008 was suspended indefinitely.
The New York State Adirondack Park Agency was created in 1971 by the State Legislature to develop long-range land use plans for both public and private lands within the boundary of the Adirondack Park. With its headquarters located in Ray Brook, the Agency also operates two Visitor Interpretive Centers, in Newcomb and Paul Smiths. For more information, call the APA at (518) 891-4050 or visit www.apa.state.ny.us.