Beekmantown sets wind negotiating team

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September 29, 2009

Some residents upset at town move

By CASEY RYAN VOCK The Press Republican Tue Sep 29, 2009, 11:28 PM EDT

BEEKMANTOWN — Some residents here are upset with the approach the town supervisor is taking to host-agreement negotiations between Beekmantown and Penn Energy.

At the recent Town Council meeting, Town Supervisor Dennis Relation moved to appoint Councilor Rufus "Joe" Deyo to be the sole council member to work alongside Relation in the closed-door negotiations with Penn Energy Trust LLC, the company that now owns the right to the proposed wind project in Beekmantown.

The project has faced strong opposition from the West Beekmantown Neighborhood Association from its inception.

RESIDENT REP
Of the 23 residents present, several spoke up, including Chris Rowell, who asked Relation if negotiating with only two council members was the town's protocol for such situations.

"Why not take someone from the immediate neighborhood?" Rowell asked. "A person of standing — they should at least have some say in it."

Relation said the town's officials were elected to handle such negotiations.

"I believe Joe Deyo is perfectly capable of negotiating on behalf of the taxpayers. I don't see why we have to have the community negotiate for us."

"I just think that you should have some resident participate to build good will around the project," Rowell countered. "Right now, there isn't a whole lot of good will. If you want to get the most out of the agreement, why not bring someone who is affected by it into (the negotiation)?"

Rowell said Relation had said previously that the entire proposed wind project was "all about the money."

"I never said it was all about the money, Chris," Relation replied.

TEAM MAKEUP
Other members of the audience questioned the matters to be negotiated with Penn Energy.

Relation explained there would be a myriad of issues to be discussed, including those involving roadways and decommissioning.

"That is why we need some legal advice."

Another resident, Eric Anderson, asked why the entire council would not be present for the negotiation.

"You don't negotiate these agreements as a whole board or town," Relation said.

PUBLIC INPUT
Town Attorney Joe Lavarando explained that because of legal and practical reasons, the negotiations would not be held as public meetings.

"There may be issues relating to confidentiality. There may be other proposals in other areas that the company may not want the public to know about."

Anderson then asked if there would be any final meetings where the public would get to weigh in on the outcome of the negotiation.

Relation explained that the council would have to approve the negotiated agreement, and that would be done at a regular Town Council meeting, which would be open to the public.

The motion to appoint Deyo to assist the supervisor in the negotiation was approved, with Relation and councilors Deyo, Sam Dyer and Sharron Gardner all voting yes. Councilwoman Sydney Sue Garrant abstained.

ATTORNEY CHOICE
Relation then moved to appoint Plattsburgh-based C.J. Madonna as the attorney to represent the town and to work alongside the supervisor-councilor tandem during the negotiation process.

Garrant said she had not seen anything in advance to indicate that the council would be choosing the lawyer at that time.

"I did not know we were going to discuss this tonight. I think we should not rush into this, and see who else is out there."

Relation responded by saying that he did not want to delay the process any further, adding that Madonna had handled host agreements for other area towns.

At past Town Council meetings, members of the West Beekmantown Neighborhood Association have argued that the town has acted on poor advice from Madonna.

Deyo and Dyer voted yes on hiring him, while Garrant voted no.

Before voting no, Gardner paused and said: "I don't like this. I'd feel much better if the whole board was negotiating with (Madonna)."

Relation then voted yes, which passed the motion 3-2.