“There is a strong sense of deja vu of this situation,” said Laura Hartmann, a member of TownOfUlsterCitizens.org and a Democratic candidate for town board. “The lack of transparency raises serious concerns. A [State Environmental Quality] review of this size and scale demands an open, inclusive process, not one conducted behind closed doors. This approach not only undermines public trust, it undermines the intent of SEQR, which is to ensure a full, impartial and transparent environmental review. The town supervisor [James E. Quigley, III] has gone on record in support of the project despite the town as lead agency being at the start of the environmental review process.”
The proposal was brought to the town in May of this year by Terra-Gen, a San Diego-based renewable energy power producer. The draft plan includes a substation, three water storage tanks (one of 30,000 gallons with a fire command center, another of 10,000 gallons, and a third a 5000-gallon underground tank. Twelve of the property’s 15 acres would hold approximately 300 14-foot-high lithium-ion battery containers.
From the beginning, the location of the property and safety of the project has raised concerns from local residents and nearby communities. Criticism of the proposal has only intensified.
“Under the rubric that politics makes strange bedfellows — and I mean that metaphorically, of course — when [assemblymember] Sarahana Shrestha and [state senator] Michelle Hinchey teamed up and issued a statement that this is really okay and it’s safe. It’s funny, but it angered us,” said Regis Obijiski. “It angered me because I felt it was just disrespectful to the process. The process is something that I know that you prize and everybody else here on the board has great respect for, and it’s like it’s not being followed.”
Obijiski added that town officials have done little to assure the public that the Terra-Gen proposal hasn’t already been greenlighted.
“There’s a perception that this is a done deal, or that Jim, maybe you want it to be a done deal,” Obijiski said. “I’m not saying that’s exactly what you want, I’m saying that’s the perception, and perception beats reality eight days of the week. I think you know that.”
Hartmann agreed that the town officials had yet to demonstrate that they’re reviewing the project transparently, and agreed with Obijiski that there are numerous reasons why the proposal should be given a positive SEQR declaration. She asked Quigley to consider removing himself from the decision-making process.
“Given the supervisor’s public support of the project I ask, can this board trust his impartiality and should he recuse himself?” said Hartmann. “As a resident in the Town of Ulster in coalition with residents living in the Town of Hurley and City of Kingston, who are directly impacted as well, I call on this board to end behind-the-scenes decision making, include the public and declare a pos dec under SEQR immediately.”
Quigley countered that he and the town had acted both transparently and appropriately, and that the town was still awaiting a response from the developer to questions asked by town officials and members of the public during prior meetings.
“You stand here tonight accusing me of taking actions that are not in accordance with my core values,” Quigley said. “You are running for the town board, and you should be demonstrating a degree of investigation that shows the people that you are qualified to sit up here. If you stand by that statement, I will call for a positive dec right now. And then we can get sued.”
Councilman Clayton Van Kleeck asked Quigley to adhere to public speaking policy, particularly when there was tension in the room.
“I’m reminding you that the policy is that the supervisor does not respond to the people when they are speaking to us until after there’s been time to consider it and we have up to a month to respond,” Van Kleeck said. “This board does not want you to be responding in an accusatory or aggressive tone. I’m speaking for myself, but I believe I’m speaking for others when I say that. I ask that you just tone it down.”
Town officials agreed to seek legal advice regarding a positive declaration during the SEQR process while it awaits a response from Terra-Gen.
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