November 25, 2002
The Honorable George A. Pataki, Governor
Executive Chamber
State Capitol
Albany, New York 12224Dear Governor Pataki:
As elected officials of the City of Hudson, NY, Columbia County, and/or the Hudson Valley, we share a commitment to economic progress, environmental protection, and the development of quality communities in the Hudson River corridor.
As you know, St. Lawrence Cement's application to the New York State Department of Environmental Conservation to build a major new facility in Greenport has been the subject of much discussion and disagreement among our constituents.
None of us have identical views on the strengths or weaknesses of the proposal, and we do not intend to debate them in this letter. However, we all do agree on one fact: New York is blessed with an unusually strong and equitable review process, our State Environmental Quality Review (known as SEQR).
With the strength of the SEQR process in mind, we can also agree that the best, most efficient, and most legally sound method of settling this controversy in a fair and open manner is for DEC Commissioner Erin Crotty to reject the appeals which were submitted to her last February. This would allow the adjudicatory hearing ordered nearly a year ago by two Administrative Law Judges (ALJs) to proceed, and for both sides in the controversy to submit their claims to a balanced assessment by impartial authorities.
The appropriateness of such a hearing is well-grounded in State environmental law, policy, and precedent. The thoroughness of the proceedings will also help prevent any lingering doubts in the public's mind as to the fairness and correctness of the outcome, whatever it may be. Through adjudication, both sides will be required to put their claims to the test before a neutral arbiter. Adjudication will reassure the public that the facts, and only the facts, determine the result.
In consideration of the broad range of impacts and concerns identified by the opponents, the well-reasoned ruling of the ALJs, and also the vigorous case brought forth by the applicant, we cannot imagine a proposal more suited to (or needful of) adjudication. Once that adjudicatory process is complete, and an objective decision is arrived at, elected officials like ourselves will then be able to tell our constituents that the right thing was done -- and begin the next process, that of healing the divisions in our community.
We therefore respectfully urge your administration to support the ALJs' ruling by a swift dismissal of the appeals, so that the process which has been stalled since February can move forward fairly and expeditiously.
Sincerely, (in alphabetical order)
ASSEMBLY
Patrick R. (R-East Fishkill)
99th Assembly District
444 Warren Street
Hudson N.Y. 12534SUPERVISORS
Gail M. Grandinetti (C-Hudson)
Columbia County Supervisor
247 Union Street
Hudson, N.Y. 12534Daniel J. Grandinetti (R-Hudson)
Columbia County Supervisor
14 Rossman Avenue
Hudson, N.Y. 12534Douglas K. McGivney (D-Kinderhook)
Columbia County Supervisor
4 Orchard Drive
Kinderhook, N.Y. 12106Ann W. Vedder (D-Canaan)
Columbia County Supervisor
79 Bristol Road
P.O. Box 221 Caanan, N.Y. 12029HUDSON COMMON COUNCIL
Kathy Harter (R-Hudson)
Hudson 3rd Ward Alderman
434 East Allen Avenue
Hudson, N.Y. 12534Christopher J. Nedwick (I-Hudson)
Hudson 3rd Ward Alderman
15 Rossman Avenue
Hudson, N.Y. 12534Robert F. O'Brien (NOP-Hudson)
Hudson 1st Ward Alderman
253 Warren Street
Hudson, N.Y. 12534TOWN AND VILLAGE BOARDS
Abi R. Mesick (R-Austerlitz)
Town Councilman, Austerlitz
P.O. Box 55
Spencertown N.Y. 12165Rita H. Van Alstyne (R-Ghent)
Village of Chatham Trustee
19 School Street
Chatham, N.Y. 12037This list is in development. Other elected officials are invited to sign onto this letter.
cc: Mr. John Cahill, Ms. Lynette Stark