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WHAT LURKS BEHIND CLOSED DOORS IN MILAN?
We'll be looking
We'll be listening
You'll be finding out.
In this video, taken at the May 12, 2008 meeting while the Town Board members were in executive session, Republican former Town Supervisor Jim Jeffreys has a long, friendly chat with his good friend Paul Doherty of Red Wing Sand and Gravel, a major donor to Republicans in Dutchess County. Joining them for some laughs and a big handshake with Paul Doherty is Dennis Murphy, husband of Republican Town Board member Bobbi Egan. After watching this clip, is it possible to believe that the Republicans in Milan want to keep gravel mining out?
Public Comment from the Pine Plains School District on the Durst DEIS
The comments from the Pine Plains Central School District on the Durst DEIS have been posted on the PPCSD website at www.ppcsd.org. As a public service, we’ve also posted them here [insert pdf Pine Plains School district commentary].
The document is pretty devastating for Durst. Among other things, it shreds to tiny little pieces the claim that the project will be occupied almost entirely by weekenders and won’t add any students to the school district. We urge you to read it for yourself, especially if you’re in the Pine Plains school district—it’s only 15 pages long.
WAMC airs Milan's Concerns! Your calls and emails to WAMC in protest over yesterday's distorted reporting have had a big effect!
WAMC interview with Milan's opposing views of the Durst and Red Wing projects aired Wednesday are now on WAMC's website here.
We'll have a report on last night's contentious-- and very long--Town Board meeting soon.
In the meantime, congratulations to Republican Council Member David Byrne, who had the courage to join Democratic Council Members Diane May and Ross Williams in passing a resolution calling for public comment at the start of the meetings. Public comment last night didn't begin until after 11 p.m., at which point most of the audience had very understandably gone home.
Distorted Reporting on Milan from WAMC
A very misleading and negative report on Milan was broadcast this morning (April 14) on WAMC, our local public radio station. It said, among other things, that our Comprehensive Plan and wetlands protection law were enacted only to stop developers. The reporter interviewed Dick Barrett and Rocky Mancini, who claimed that the costs of lawsuits and improper management by the previous administration left the town in a financial mess. Dick claims that we'll have a 25 percent tax increase next year and that he might lose his job over it. Why are residents of Milan first hearing from their supervisor about tax increases through a radio report? Nobody wants a tax increase, of course, but if there will be one, let's hear about it directly. And if Dick Barrett says he's willing to lose his job over the increase, maybe there's a bright side after all.
Then come to the Town Board meeting TONIGHT at 7:30 and tell Dick what you think of his distorted perspective, his failure to strongly oppose gravel mining, and his inability and unwillingness to communicate with town residents. (The Republican Town Board members continue to show that they really don't want to hear from you. Despite ongoing protests from Democratic Town Board members Diane May and Ross Williams, they continue to schedule public comment at Board meetings only for the end of the evening rather than at the start, as was done by the previous administration. That means anyone with something to say has to sit through the entire Board meeting first. Not too many residents can spend an entire evening waiting for their chance to communicate with their elected representatives--which seems to be exactly the way the Republicans want it.)
While you're feeling outraged, you might also call or send a note to WAMC about biased and unbalanced reporting that unquestioningly accepts statements from Republicans without seeking an opposing view. The phone number is 800 323 WAMC; email address is mail@wamc.org. For some thoughts on what you might want to say in your email, see the letter below from Lauren Kingman.
The Town Board will also be discussing the recent legal decisions at tonight's meeting. Please come and show your support.
Letter of Protest to WAMC from Lauren Kingman, member, Milan Planning Board
I have been a member of WAMC for many years and listen to the station frequently throughout the day. I have always been impressed with the in-depth reporting on local issues. Imagine my surprise to hear Susan Barnett’s superficial, ill-informed, poorly researched report today about Milan.
It wasn’t bad enough that she interviewed two biased representatives of the Republican Party which has actively opposed every environmental initiative in Town and that she didn’t provide any balance from the other side, Ms Barnett categorically stated that the previous Town Board’s purpose for the Comprehensive Plan and Wetlands Law was to “stall the mine and Durst”.
POPPYCOCK and SHAME on you Ms. Barnett for lying and stating unfounded biased opinion as fact. If you had bothered to do any research about Milan and the innovative initiatives that were developed over the past four years, you would have discovered:
Milan is a sensitive ecological area with wetlands, woodlands, steep slopes, and thin soils and is home to protected species such as the Blandings Turtle, Bog Turtle, and Indiana Bat.
Milan is very rural and the residents want development to be sensitive to the ecological concerns and in character with the community.
Our Comprehensive Plan was developed by a committee of the Town’s residents, not sub-contracted to a professional planner as most towns do. Input was solicited from the residents by surveys and many information sessions and work sessions. The Comprehensive Plan was the result of hundreds of hours of dedicated citizen work and was favorably received many organizations, including the NY Planning Federation.
Our Wetlands Law was developed to protect the thousands of acres of wetland that are not under NYS DEC or Army Corps jurisdiction. The DEC urges towns to proactively develop local wetlands laws to protect these critical resources. Our wetlands law was developed by experienced and extremely well qualified local biologists and wetlands specialists after reviewing the best examples of wetlands laws in NY and elsewhere. The law is fully science based, is being looked at for adoption by other Hudson Valley communities, and has received excellent reviews from organizations such as the US Department of the Interior Fish and Wildlife Service.
In parallel with the development of the Comprehensive Plan and Wetlands Law, the Planning Board initiated development of the science-based Habitat Assessment Guidelines to be used during the SEQR phase of a project, especially residential subdivisions. The Guidelines enable a higher quality and more efficient environmental review. Several towns have adopted these Guidelines to their own use and many organizations, such as the NY Planning Federation, Pace Land Use Law Center, the Nature Conservancy, and the Hudson River Estuary Program, recognize the Guidelines as an innovative tool promoting good environmental review.
The law suits were filed by two non-resident commercial firms seeking to extract maximum profit from the natural resources of the Town before they left for other opportunities leaving the Town poorer and forever scarred by the experience. Many of the Town’s residents have been consistently opposed to the mine since it was first proposed in 2001. The Carvel Project has refused to recognize our zoning and subdivision codes and insists on a density approximately twice what is allowed. The Wetlands Law would likely not reduce the number of permitted homes from what current codes allow but would likely inhibit somewhat the total number they want in order to satisfy their business plan. The Comprehensive Plan and the Wetlands Law were designed to guide responsible development in keeping with the Town’s values. They were never designed to stop development and they don’t.
When Ms. Barnett wrote this report, she chose to depict a rural town disparaged by dour interviews. It should have been a celebration of all the excellent and innovative work that was accomplished over the past four years, how other towns are benefiting from this work, and how the residents will fight the recent rulings. So many positive stories to tell, so many enthusiast contributors to interview, and she choose gloom and doom.
I am very disappointed in Ms. Barnett’s thoroughly unprofessional journalistic effort.
Regards,
Lauren Kingman
Letter of Protest to WAMC from Karen Schneller-McDonald, wetlands consultant:
To the management of WAMC;
I am a staunch supporter and member of WAMC -- it is virtually the only radio station I listen to because I value the quality of reporting and the balance of various views. Therefore, I was shocked by the ill-informed and biased report regarding the Town of Milan today (Susan Barnett). Today's report interviewed only officials who were not leaders in the development of the Town's positive initiatives over the past few years. It did not come close to an accurate portrayal of what is happening in Milan and other towns in the Hudson Valley. Such reporting does not serve the best interests of town residents who are concerned about protection of rural character, clean water supply, and natural resources that support human health and well being.
As an ecologist/ wetland specialist who has worked on projects in more than 25 towns in the Hudson Valley, I also served as a member of the team that developed Milan's wetlands protection law and habitat assessment guidelines, I can tell you in no uncertain terms that the report neglected some of the most important issues:
1. The comprehensive plan and wetlands protection law were NOT intended to discourage development, but rather to foster smart growth and well planned development over poorly planned development.
2. The wetland and watercourse protection law was designed to protect watersheds- ie water quality and water supply for town residents, and was passed by the town after numerous public meetings and attention to comments from the public.
3. The development of Milan's state of the art wetland and watercourse protection law and use of habitat assessment as part of the site plan review process have been used as models for other towns. In fact, the Town's former planning board chair and former Conservation Advisory Committee chair have been guest speakers at several conferences and workshops in the mid Hudson valley (Lauren Kingman, the former planning board chair, will be one of the speakers at the Hudson Valley Smart Growth Alliance conference "Planning for Biodiversity" at Marist College later this month.)
4. The lawsuit regarding the wetland law focused solely on procedures, not content.
5. Milan has been beset by lawsuits from developers who seek to overturn these innovative and 'smart growth' provisions because they interfere with developers' best interests. This is one more example of a much larger problem in the Hudson Valley (which by the way, might make an interesting report on its own): increasing
numbers of developers are seeking to bypass state environmental regulations and challenge municipal authority and home rule by threatening towns with lawsuits if they do not comply with developers' requests. Unfortunately many towns are caving in to this pressure. I could cite numerous specific examples.
The true costs of poorly planned developments throughout the valley will be borne by town residents in the future. Forward-thinking residents such as those who were recently removed from their positions by the newly elected officials in the town of Milan were supporting smart growth initiatives that more effectively address these true costs and seek to protect the common interest.
I sincerely hope you will provide a follow up report that more accurately portrays the situation in Milan. Negative inaccurate reporting can effectively discourage similar efforts in other towns where residents seek to protect their rural character and quality of life.
Thank you,
Karen Schneller-McDonald
Town Finances Non-Reporting
During the campaign last November, the Poughkeepsie Journal asked Dick Barrett what he thought were the biggest challenges Milan faces. He responded: “Promoting town government that is fiscally responsible, careful in its spending and honest in its financial reporting.” That same phrase was repeated in a lot of the Republican campaign material.
Really? Here are the financial reports that have been posted on the Milan town website:
That’s not a coding mistake—the page really is completely blank (see for yourself by going to The Town Website finance page
NO FINANCIAL REPORTS have been posted as of March 3, a full two months after the Republican takeover and just a week before their third regular Town Board meeting.
So is this administration being fiscally responsible, careful in its spending, and honest in its financial reporting? There’s no way to know—the financial reports haven’t been made readily available to the public. It’s yet another example of how this administration says one thing and does another, all the while closing the door on open government.
We’re bringing this point up as a public service. Whenever we’ve raised issues like this in the past (the lack of public information about changes to the veterans’ tax benefits, for instance), the town website has suddenly been updated. Dick, Bobbie, and Dave, we challenge you to live up to your campaign promises: Post complete town financial reports on the website. For an extra challenge, do it in advance of the Town Board meeting on March 10 so that any citizens with questions about where their money is going will be able to ask them.
Doug Durst Donates
The Durst Organization has long been known for its generous contributions to politicians, especially politicians who are involved in land use decisions that would affect the company. As this recent article in the NY Times (see it here) points out, real estate interests, including the Dursts, have been pumping money into NYC candidates in advance of new campaign finance rules that will limit how much they can give.
That got us to thinking: How much has Durst contributed to local candidates in our area? When we looked into it on the NY State Board of Elections campaign finance database (you can have fun with this yourself by going (here)), we found that between July 1999 and the end of 2007, Douglas Durst and the Durst Organization contributed at least $13,500 to Republican State Senator Vincent Leibell, who represents the 40th Senate District—which just happens to include the Carvel property. Not surprisingly, the Dursts were particularly generous to Senator Leibell in 2006, when their campaign donations totaled $7,450 and possibly more. That makes the Dursts the largest corporate contributor to Senator Leibell over the past couple of years. (Those contributions are just a drop in the bucket of overall Durst political contributions. In that same time frame, Douglas Durst donated well over $450,000 to candidates, mostly in New York City but also in the Hudson Valley, including Dutchess County, while the Durst Organization donated at least $82,000.)
There’s nothing wrong with making sure an elected official is grateful to you, of course, especially when he represents a district where you have a major business interest. But to the citizens of that district, contributions that large and that well-timed are a warning that big money is seriously at work. And when big money enters politics, citizen concerns often go right out the window. It’s another reminder that our elected and appointed officials need to be held accountable to their constituents, not their backroom financiers.
About Those Mailing Pieces
from Durst...
Charming as it is to see the happy Durst cousins together, slick mailing pieces and friendly reassurances don’t substitute for honest answers to hard questions.
Just for starters, here’s one really hard question we need to ask the Dursts:
If you’re so interested in protecting the environment, why are you suing the Town of Milan to overturn our wetlands law?
The Durst family does have a good reputation for environmentally sensitive office buildings in New York City, but let’s not forget that they are in business first and foremost to make money. The family’s Bank of America tower at One Bryant Park has gotten a lot of awards for its green design--and it’s also some of the most expensive office space in the whole city, renting at around $185 a square foot.
(More info HERE)
Durst is doing the Carvel project to make a profit, not to revitalize our hamlets or create jobs or lower our taxes--none of which are certainties by any means.
The Carvel project is a huge residential/golf subdivision, done in partnership with the Landmark Land Company. (We haven’t gotten a mailing from them yet, but see here to learn more: http://www.landmarklandco.com/.) No matter how sensitive the developers are, the impact of nearly a thousand new residential units on our community is going to be massive. If you want to protect the rural quality of life we prize here in Milan, please come to the hearings and speak out.
Stonewalling and Sandbagging by the Republican Town Board Members
Watch Town Supervisor Dick Barrett stonewall at the Town Board meeting of January 14--and read more about why he refuses to answer questions from the public. Take a look here
Carvel Draft Environmental Impact Statement The complete document can now be accessed here
Another Milan Citizen Speaks Out Click here to read Steve Siegel's statement at the Town Board meeting of January 14.
If you've got something to say about Milan, we'd be happy to post it. Just email us using the link at the top of the page.
Van Talmage shares his thoughts on being Supervisor and where Milan is headed.
Worthwhile reading--click here _______________
Milan Insider Mission Statement
The mission of this website is to tell the truth to the citizens of Milan.
The Town of Milan faces major issues—gravel mining and the Durst development top the list--that will have a profound impact on our rural community for decades to come. Unfortunately, just when the town needs experienced leadership, we have a new supervisor and two new Town Board members who have none at all.
The only way to protect our Town, our property values, and our rural character is to keep a very sharp eye on our newly elected officials. The citizens of Milan must make them live up to the campaign promises they made to stop the gravel mine, keep Milan rural, and protect our environment.
It will be an uphill battle. We hope to keep you informed and give you the facts, not the spin, but we can’t do it all alone. We need you to speak out against those who would sell out your town to gravel mine owners and big developers.
How can you do that? As the issues arise, we’ll keep you informed here about the facts. Take that information and bring it with you to Town Board meetings, Planning Board meetings, Zoning Board of Appeals meetings, and any other open meeting held at Town Hall. Make sure the people in charge know your opinions by telling them, loud and clear. And if you can’t attend meetings, you can still express your opinion by writing a letter or email to the people who represent you. While you’re at it, send a letter to the editor of the local papers as well.
State right to take on Milan zoning case
Poughkeepsie Journal Editorial August 15, 2008
The Town of Milan will be the first in the state to use one of the promised benefits for communities in the Hudson River Valley Greenway Compact, which is reassuring to any of the others trying to make sure their areas grow properly.
The state attorney general's office has decided to take on the town's ongoing battle with Red Wing Gravel over a mining operation the company wants to locate in the small northern Dutchess County community.
The court battles with Red Wing began when the town's 2006 comprehensive plan was adopted including language calling for the elimination of mining. With residents concerned about the traffic, noise and dust from a mining operation, the town repealed the floating light industrial zone that allowed such operations to be approved despite zoning hurdles.
A state judge this year voided the plan, saying town officials did not strictly follow environmental laws in drafting the plan or in repealing the floating light industrial zone. Concerned about the legal cost of an appeal, the town turned to the state environmental conservation law.
It says Greenway communities will be provided with an indemnity against lawsuits resulting from adoptions or use of zoning laws or ordinances reflecting the Greenway's conservation and land-use principles.
It's never been tested before, and the state has done the right thing in making Milan its first case.
Case costly for town
Since 2006, the town has spent more than $40,000 on various legal fees on the case. It needs the additional expertise the state can provide as local officials figure out how to get land-use planning back on track.
The situation in Milan has provided the Greenway with the opportunity to make good on one of the incentives offered to municipal officials willing to adopt the Greenway planning philosophy for their communities. That philosophy includes developing strong town centers and protecting some open space and farm land - and taking into account community concerns about development. The Milan case will have to be judged on the legal merits, but there's no question that if the state dangles incentives to communities to embrace certain principles, it should live up to its obligations when opposition arises.
Keeping Milan Mining Ban Is Worth Legal Fees
Much of the coverage of the Town of Milan's appeal to re-instate its ban on industrial-scale mining in residential areas focuses on the cost of the appeal: $33,500. Very little is devoted to the cost of not appealing.
And yet the costs of not appealing are why citizens of all stripes are contributing to a legal defense fund for the town, working in a nonpartisan way with all five members of the town board to offer financial help.
While inaction would save $33,500 on the town's budget line this year, the true cost of inaction would be paid for generations. The cost of decreased property values. The cost of increased traffic risks to drivers, bicyclists, runners, dog walkers, children getting mail from mailboxes and school buses. The loss of the quiet enjoyment of our homes.
Red Wing Properties' proposed Turkey Hill Road mine would put 22-wheel dump trailers on Milan's small, winding roads every five minutes for 12 years. And it wants to open a similar, massive exporting mine on land it already owns on Academy Hill Road. And it has identified 23 sites totaling 641 acres across the entire town as potential sand and gravel mines.
We have good advice from leading land use lawyers, who say the town has a very strong case for appeal. We hope money will be refunded to citizens when the Greenway Compact provision covering the costs of legal action comes through. E-mail bill@milanconcerns.com for more information. The cost of inaction is too high.
Bill Jeffway, President, Milan Concerns, Milan Letter to the Editor Poughkeepsie Journal (July30)
Moratorium extended The Pine Plains Town Board unanimously voted Tuesday to extend a moratorium on major subdivisions and other development as town representatives finalize work on a draft zoning law Register Herald (July 24)
Pine Plains dealing with development issues
Pine Plains to vote whether to extend the building moratorium ...
Read more Kingston Freeman (July 18)
Moratorium hearing set A public hearing on another six-month extension of the moratorium is scheduled for July 22 at 6 p.m. at town hall. A regular town board meeting will immediately follow the hearing. Register Herald (July 17)
Milan Update: Durst, Town Finances, Town Board Meeting of June 9
Good News—We Think—from Durst
Let’s start with the Durst/Carvel project, because we so rarely get to announce good news in these updates.
At the Pine Plains Planning Board meeting of June 4, a consultant from EDAW, a very progressive international design firm (see www.EDAW.com), made a presentation of an alternative design concept for the Durst project. The design is based on true conservation subdivision principles and would apparently call for far fewer homes—perhaps only 500 or so instead of nearly a thousand—and far more protection of wetlands, vernal pools, and the environment in general. (It sounds like the new design is far more in line with the requirements of Milan’s wetlands protection law. Since that important and forward-thinking law is now defunct thanks to the moral cowardice of the Republicans on the Town Board, it’s nice to think that its principles and intent might actually be applied in Milan anyway.)
Of course, many other issues raised by the Durst project—the seriously flawed financial analyses, for starters, to say nothing of the excessive density Durst wants in Milan—still need to be addressed. Taking the cynical viewpoint (not unjustified, given the history of this project), it’s possible that the Dursts are hoping we’ll all get so excited about the way they have finally come up with a better design that we’ll give them a pass on the other stuff.
James Sheldon of Little Town Views has written an excellent analysis of this recent development—you can see it at www.littletownviews.com. The next Pine Plains Planning Board workshop will be on July 2. A more detailed presentation from EDAW is expected then. A public presentation will happen sometime after that. We’ll continue to track developments for you and will report back after the next PPPB meeting.
What’s the most encouraging thing about all this? It’s that all the hard work from the community on this project seems to be having some results. Our friends at Pine Plains United put it very well in their latest email to their supporters:
Things are looking up.
The Durst Organization seems to have gotten the message from all your feedback and all those hours of testimony from our experts. They have agreed to come up with an alternative to the way too big, way too suburban 1,000-home proposal they presented to the Planning Board and have hired EDAW, a very progressive planning firm with a reputation for producing thoughtful, environmentally sensitive conservation easements, to help them design it. It is of course way too early to render any judgments, but Alex Felson, EDAW's lead planner on the project, impressed many of us with his grasp of the issues when he was introduced at the last Planning Board meeting.
Of course, whatever plan the Dursts come up with, we'll need to have our experts review it before any decisions are made. And that brings us to the subject of money. Our cupboards are bare. In fact, we're still having to raise money to finish paying for all the work that was presented at the hearings. It's been worth every penny, we really don't think things would be looking anywhere near as encouraging as they are right now if it hadn't been for all that research and all those hours of testimony. But it doesn't come cheap. Many of you have been extremely generous and we can't thank you enough. But we're not out of the woods yet. Please do what you can to help out, visit our Donation Page where you can contribute online or find out where you can mail a check. Thank you.
Paul, Jim, and the rest of the steering committee.
PPU has done a huge amount of heavy lifting on the Durst issue. We’ve all benefited from their hard work and the considerable amount of money they’ve raised. Let’s not slack off now when they need our support as much as ever. If you can, please make a donation.
Town Finances
If you’re a Milan resident, you probably received a letter from the Republican Town Board members early in June. (You can see the letter here.)In this scare-mongering missive, you were told that the Town is in dire financial straits—and that it’s all the fault of the previous Democratic administration.
Not so, on both points, as Ross Williams pointed out at the Town Board meeting of June 9. His comments are repeated in the letter sent out to residents by the Milan Democrats on June 12. (You can see the letter here.) In fact, not only is the financial picture for the Town nowhere near as dire as the Republicans would have you believe, their analysis also contains a serious error and the usual misleading statements. Let’s take a closer look:
*Mortgage tax income. Somewhat surprisingly, given the national downturn in housing, the Town received mortgage tax income of $51,503.68 for the period October 07 through March 08—no shortfall there, at least not yet. Sales tax income is likely to be robust as well, mostly due to high gas prices.
*Big error. The Republicans claim that there’s only $6,000 left in the budget for snow removal. Not so. The budget line for contract snow removal does indeed have approximately $6,000 in it, but the overall snow removal budget is perfectly healthy with over $25,000 in it. In addition, the full budget for snow removal wasn’t spent last year, so there’s a carried-over surplus of nearly $30,000. Don’t worry, folks—your road will be plowed next year.
*Misleading statements. Too many to go into in detail, so let’s just take the one that deals with the largest amount of money. The letter states, “In the preliminary budget for 2008, the former Town Board allocated $462,000 for bridges, but deleted it from the final 2008 budget.” The bridge money was indeed taken out of the final budget—because it was moved to the capital projects line instead, which any accountant would tell you is where it belongs. It’s still there. It’s just that the Republicans conveniently forgot to mention that in their letter.
We could go on, but by now you’ve learned that letters from Milan Republicans can’t be trusted. Read the letter with the standard large bucket of salt, then read Ross Williams’ useful corrective.
Town Board Meeting of June 9
The Milan Town Board Meeting of June 9 opened with the usual public comment, now confined by order of Republican Town Supervisor Dick Barrett only to agenda items. The question of whether Dick Barrett and Republican Town Board members Bobbi Egan and David Byrne have deliberately withheld information from the Democratic Board members was raised. Here’s Dick Barrett’s response:
Rarely have we seen the Supervisor lie so convincingly. (Rejecting something doesn’t make it any less true. We hope to have a detailed report for you soon on exactly how the Republicans have failed to share important information with their Democratic colleagues.)
Moving on to the people’s business:
We’ve received another grant from State Senator Vincent Leibell’s office, this time for $13,000. Supervisor Barrett recommends that it be used for records management and to purchase municipal financial management software. The funds will be available in July. Town records of employment, finances, and other important documents are apparently in complete disarray. According to Supervisor Barrett, the employment records of a Town employee who is retiring can’t be located, which is causing a problem in calculating her pension. (These records are the responsibility of the Town Clerk, Republican Cathy Gill, who has been in office for more than ten years. We wonder why this sort of ineptitude has been tolerated for so long by both Republican and Democratic administrations.)
Town Hall now has an operating 24-hour security camera system. This was paid for by a state grant to the Town Court. The grant is also being used to purchase new chairs, allegedly with padding. The chairs have been ordered but had not arrived by June 9, which meant another butt-numbing evening for everyone at the meeting.
Funding from the Greenway Compact for the Durst and Red Wing lawsuits is still pending. We’re told that all signs from the State Attorney General’s office are positive, but we still don’t know when the final decision will be made. In the meantime, the appropriation line for attorneys has only $1,157 in it. The Board hasn’t decided yet how to find the extra money (maybe they can look in the snow removal budget).
Contracts for bridge replacement work on the Pink Lane and Old Mill Road bridges were signed on June 4. The total came to $291,000, far less than anticipated. The contractors are apparently very eager for work in a slowdown and gave the Town very favorable prices. Work will begin in July and will be completed by the beginning of September. The bridge bond will be completed on June 20. The Town is bonding for $700,000 with a 15-year note at approximately 4% interest.
Republican Town Board member David Byrne reported that the Milaners Youth Group will be having a trail work session at the Rec Park on August 9. So far about eight kids from the area are participating in the program. New members are welcome.
David Byrne also reported on plans for Milan Community Day, to be held Saturday, September 27 at the Rec Park. Ideas for vendors, entertainment, etc. are welcome.
The Rec Park has been vandalized several times recently, apparently on a Thursday night each time. The vandals have clogged toilets and sinks in the bathrooms and have driven a vehicle in figure-eights on the baseball field. State and County police have agreed to patrol the area more often. If you notice anything suspicious happening after dark in the park, please call the police at once.
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Durst Hearing Reports and Documents
OK, the Durst DEIS hearings have been going on for a long time, and they’ve generated a lot of documentation. Here’s where to find it all on this website:
Hearing Reports
Your intrepid reporter attended every single one of the hearings, as did Democratic Town Board members Diane May and Ross Williams. Here’s where you can see each hearing report:
Numerous consultants provided expert critiques of aspects of the DEIS. Most but by no means all were hired by Pine Plains United. Taken as a whole, the criticisms are a devastating indictment of the many deep flaws in the project. We’ve cited them and linked to them in the hearing reports and list them here to make it easier for you to find them. They’re in very approximate chronological order.
*951 new homes on the former Carvel property – That’s like putting a whole other Milan right next door, but on just 2200 acres
* Increased costs that won’t be offset by increased tax revenue – In fact, this project will end up costing Milan in excess of $100,00 a year as it’s now proposed
*Increased school and property taxes – This is a strong possibility despite what the developer claims
*Increased pressure on volunteer emergency services that will likely drive taxes up even more
*Increased traffic and congestion on local roads
*Serious environmental damage from habitat destruction and fragmentation
*Suburban sprawl – Suburban-style design, suburban-style houses, suburban-style population density
Your community and quality of life are at serious risk from this project!
To learn more about the issues, see below for our detailed reports on the previous hearings. You can read the full DEIS here
It’s a very long and complex document, but the executive summary is a good overview. Take a look.
Outside consultants from the citizens’ group Pine Plains United have reviewed the DEIS and drawn up critiques pointing out very serious flaws. Other organizations and individuals have commented as well. We discuss and link to these important documents in the hearing reports. Here’s a quick list of the most important:
* Letter from Dutchess County Department of Planning and Development here
* James Sheldon comments from LittleTownViews.com
*Camoin Associates review of fiscal impacts.
The document here
* Environmental Simulation Center review of visual impacts here and here
* ELAN Associates comments on land use and zoning (chapter 3) and community character and visual impacts (chapter 7) Take a look
*Lauren Kingman’s comment
Your attendance at the hearing sends a strong message to the Pine Plains Planning Board and to the Durst Organization. If you can’t be there—and even if you do attend—you can send written comment to:
Pine Plains Planning Board
Town Hall
3284 Route 199
Pine Plains NY 12567 pineplainspb@yahoo.com
The deadline for written comment is May 5. After the April 5 hearing we’ll post some suggested points to make in your letter.
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Cool Stuff...Update on the
Second Durst DEIS Hearing
(Mouse over picture for sneak peek!)
At the second Durst DEIS hearing on February 29, George Janes, AICP, Executive Director of the nonprofit Environmental Simulation Center (check them out at www.simcenter.org), gave a very revealing (literally) presentation. It showed what the real visual impacts of the Carvel project would be and demolished the bogus photo simulations shown in the DEIS. You can read his report here and see his very cool photo simulations here .
Here’s what he says at the beginning of the report: “The photosimulations presented in the DEIS do not accurately disclose the proposal’s impact on visual resources. They have not been performed according to the accepted standards for photosimulation in the environmental review process. They should NOT be used as evidence as to the project’s impacts on visual resources, as they do not accurately depict the action proposed. Since the Scoping Document called for photosimulations, and since the photosimulations produced do not accurately depict the proposed
development’s impact on visual resources, the Lead Agency should require the Applicant to produce additional materials that fully disclose those impacts.”
LoBrutto resigns as planning board chairman Town Board members appointed a new planning board chairman, outlawed outbursts and talked about what to do with an overabundance of church pews at town hall during Monday's meeting. Register Herald (Aug 14)
State will help Milan battle
mining project Greenway act
offers indemnity The state attorney general's office has decided to take on Milan's legal battle against Red Wing Sand and Gravel.The office informed town officials of its decision last week. The state will represent the town through an indemnity - a type of security against hurt, loss or damage - the Hudson River Valley Greenway Compact offers to all its communities.Milan will become the first community in the compact to take advantage of the indemnity. Poughkeepsie Journal (August 13)
Revised plan for Carvel site has fewer homes A revised proposal for a housing and golf development on the Carvel property will preserve vistas along state Route 199 and drastically reduce the overall number of homes, representatives of the builder have told members of the town Planning Board. Daily Freeman (Aug 1)
Milan town officials get good news, bad news on finances While municipal finances will remain tight for the remainder of 2008, Town Board members did hear a piece of good news from accountants recently. Kingston Freeman story (July 28)
Supervisor: Appeal too costly...
Milan Town Board members continued to struggle with the price tag of legal fees and appeals during Monday's meeting.
This time around, they also discussed what help they were expecting from the state and the community. Register Herald ( July 17)
According to Barrett
The town may have to take out a loan to cover its attorney fees for the remainder of the fiscal year, Supervisor Richard Barrett says. Kingston Freeman story (June 15)
Carvel developers 'starting from the beginning' The would-be developers of the Carvel property are working to put "something else on the table" for the town Planning Board to consider. Kingston Freeman (June 14)
Former Transfer Station Operator Sues Town David Dyal, the former operator of the Milan transfer station is suing the town for $1 million, alleging that the town unlawfully hired another company to manage operations.
The lawsuit was recently filed in state Supreme Court in Dutchess County by Dyal Rolloff Inc. against the town of Milan, former Supervisor John "Van" Talmage, Town Board members Ross Williams and Diane May, and Welsh Sanitation Services.
Read the article here--
See the video below which shows Republican former Town Supervisor Jim Jeffreys read out a complaint about the cost of the various town lawsuits and demanded to know where all the money had gone. while only minutes earlier he served the board a lawsuit on behalf of David Dyal.
Go figure.
Pine Plains planners tackle Carvel proposal The Pine Plains Planning Board will be meeting with developers and hiring an additional consultant as it undertakes the review of public comments on Carvel's proposed large-scale housing and golfing community.
The Planning Board met recently to get feedback from planning consultant Nan Stolzenburg and discuss their next steps in the review process. Daily Freeman (May 27)
Planning Board: Carvel plan just doesn't work The Pine Plains Planning Board will be meeting with developers and hiring an additional consultant as it undertakes the review of public comments on Carvel's proposed large-scale housing and golfing community... Register Herald (May22)
PoJo Editorial Urges Greenway
Legal Support
An editorial in the Poughkeepsie Journal on May 16 urges the Greenway Compact to provide Milan with legal support in the fight against gravel mining...
Greenway gets legal support test Read more
Help Your Neighbors Help Neighbors
Milan residents recently received an appeal for donations from the Milan Rescue Squad. If you haven’t gotten to your mail, here’s the appeal again, courtesy of the MRS. Please send your check today—these dedicated volunteers are counting on you.
A Message from Jackie Bradford, Captain, Milan Rescue Squad
Community is a great idea, but in Milan we have no village center, no post office, only a few public places where residents can meet and talk. Beyond geography, what brings our town together as a community?
For more than a quarter century, the Milan Volunteer Fire Department, Inc. RESCUE SQUAD has served as an important focus of our town’s sense of common purpose. Members of all ages, from all walks of life, have joined together for a single reason – to help their neighbors in times of need. This is the essence of community.
Rescue Squad members are all volunteers. We do not charge for our service and pay virtually all our operating expenses from donations, not from tax dollars. Many Milaners have pitched in every year to support the squad financially. We’re asking for your help again this year.
Yes, forging a community takes effort. We are making that effort every day. You can join us by writing a check to MILAN RESCUE SQUAD. Send your donation to 250 Williams Road, Milan, NY 12571.
You can also help by becoming a member. Call 845-756-2913 to learn about volunteer opportunities.
Jackie Bradford, Captain
Planners review Durst proposal The deadline to comment on the Durst Organization's draft environmental impact statement for its 951-unit luxury golf resort proposal passed on Monday. Now the planning board is working with its consultant and engineer to see what issues Durst needs to address with its controversial project. Read more... Poughkeepsie Journal (May 9)
Town asks Greenway to pay legal fees
Among the selling points used by the Hudson River Greenway to encourage communities to adopt its guidelines was a promise that the state would protect Greenway compact members from the potentially crippling legal costs towns could face defending against challenges to their comprehensive plans or local laws stemming from those plans. Read more... Register Herald (May8)
Milan will continue mine fight On Monday, the town board voted to appeal the ruling state Supreme Court Justice James Brands made last month, which voided the town's comprehensive plan and many of the laws it generated. Officials are hopeful the state will pick up the tab in the town's ongoing legal dispute with Red Wing Sand and Gravel. Poughkeepsie Journal (May 1)
Write Now! The public hearings on the Durst DEIS are finally over (see our report on the last hearing below) . Now it’s time for ALL concerned citizens to write letters or email to the Pine Plains Planning Board. If you couldn’t make it to any of the hearings—and even if you did—your written comments are crucial as the review process moves forward.
Deadline looms to appeal court decision; Board to decide Monday on action regarding comp plan, local laws.
Two local laws passed in 2007, Local Law No. 6, which eliminated a floating light industrial zone, and Local Law No. 7, the town's wetlands law, were also declared "null and void." Register Herald (April 24)
Board sorts comments on Carvel; Chairman says no decision made on alternate plan
With the deadline for public comment nearing, members of the Pine Plains Planning Board have already started to sort out hundreds of pages of comments and documentation about the proposed Carvel development Register Herald (April 17)
As Pine Plains ponders plan, Durst moves ahead Developer works on environmental review Making the Durst Organization come up with an alternate plan for its proposed luxury golf community is one of the options the Pine Plains planning board is mulling as it continues to review the mammoth project. Poughkeepsie Journal (April 14)
Pine Plains may seek alternate version of Durst housing plan
The developer of a proposed second-home golf community straddling the Pine Plains-Milan border could be asked to develop an alternate plan to the one that has the communities and local environmental groups up in arms. Daily Freeman (April10)
Final Carvel hearing brings out masses
It was standing room only at Stissing Mountain High School on Saturday morning as over 150 concerned residents and business owners gathered for the last of five public hearings on the massive Carvel property development. Register Herald (April 10)
Resolution slamming Carvel project fizzles
A resolution asking the County Legislature to voice its opposition to the Durst/Carvel project in Pine Plains and Milan has been pulled from consideration due to lack of support. The nonbinding resolution, sponsored by Legislators Joel Tyner, D-Clinton, and Richard Keller-Coffey, D-Town of Poughkeepsie, was opposed by the Dutchess County Supervisors and Mayors Association. Poughkeepsie Journal (April 10)
Milan, group appeal ruling on mine hearing Town wants to testify on community character
A recent decision by a Department of Environmental Conservation judge has town officials feeling left out, an activist group feeling its arguments have been cut short and Red Wing Sand and Gravel officials feeling they may be wasting their time. Poughkeepsie Journal (April 7)
Judge tosses Milan town master plan Red Wing Properties Inc. has gained a resounding victory in state Supreme Court in Dutchess County, as a judge threw out Milan's comprehensive plan and two local laws enacted by the town last year.
As a result of the ruling, Red Wing is a step closer in its quest for a mining operation in Milan, and it appears that the town will be taking a large step backward. Daily Freeman ( April7)
State judge strikes Milan land-use plan, laws Remember the controversial comprehensive plan that passed in the Town of Milan two years ago? Well, town residents can forget about the plan and a few of the laws it spawned for the time being.
State Supreme Court Justice James Brands has issued a ruling that voided the comprehensive plan along with the town's wetlands law and the town's decision to end its floating light industrial zone. Poughkeepsie Journal (April 2)
Durst project plan needs major revisions Whatever happens next, a developer's plan for a sprawling, high-end golf community in rural northern Dutchess County must be scaled back.
The plan is too big for the area. The design plans would perpetuate sprawl. And critical environmental areas would be fragmented in ways that must be avoided Poughkeepsie Journal (March 30)
Board to appeal Red Wing ruling; town denied full party status by DEC Members of the Milan Town Board recently decided to appeal a decision by the state Department of Environmental Conservation (DEC) regarding a mining permit requested by Red Wing Properties Inc. Register Herald (March 27)
Rural character remains factor for residents at fourth Carvel hearing Residents and consultants continued to offer feedback to town planning board members last week during the fourth of five scheduled public hearings on the proposed Carvel property development, a large-scale housing and golfing community. Register Herald (March 20)
Milan in the News on March 12
Milan was in the local news on March 12. An article in the Poughkeepsie Journal covered Joel Tyner’s resolution in the County Legislature in opposition to the Durst development: Take a Look
Joel is the only County legislator so far to speak out on the project. He’s been criticized for doing so, but we think he’s right. This project isn’t just a local issue--it has county-wide ramifications. Joel represents Rhinebeck and Clinton, communities that will feel the ripple effects of the project. Republican County Legislator Gary Cooper, who does represent Milan and Pine Plains, has been mostly absent from the issue.
An article in the Daily Freeman described the media frenzy—something we don’t see very often in Milan—over Tania Hollander, implicated in the call girl scandal that brought down the governor. Turns out she lives in Milan, not Rhinebeck as reported earlier. Frankly, we’d rather see more local coverage of more important issues, but in the interests of thoroughness here’s the link
The latest round of Durst hearings has been getting a fair amount of local news coverage. A report on it was aired on WAMC on March 3.
You can actually hear the sound of Alexander Durst's voice. He and his sister Helena Durst have yet to say a word at any of the public hearings. You can listen to it here:
The Register Herald covers the second Durst hearing in Pine Plains on February 29 here
The same issue carries a story on the controversy over the critical letter sent by the Dutchess Country Department of Planning and Development. Roger Akely, head of the department, apologizes for the tone of the letter--but sticks by the fundamental criticisms: "The proposed site plan clearly possesses a suburban quality," Akeley said. "Development could be more closely focused around the lake, golf course and a central green, making various uses and housing types interconnected within a walkable framework." Read the full article here.
On March 5, the Poughkeepsie Journal ran a Valley Views column by Democratic Town Board member Ross Williams in which he criticized the Durst proposal (you can read ithere:
It was followed by a column from Alexander Durst (or more likely his PR person) claiming the project will be good for the community. He basically reiterates the increasingly threadbare claims Durst has been making all along. Check them out for yourselfhere
Don't Apologize, Roger! The Daily Freeman has a news piece about the highly critical letter sent to Durst by the Dutchess County Department of Plannning and Development here
In this article, Roger Akely, head of the DCDPD, says he now "regrets the tone" of the letter. We're sorry to hear that--in our opinion, the letter wasn't strong enough. The project is still greenwash, and we don't think he should have to apologize for saying so.
If you agree, we suggest you contact County Executive William Steinhaus. Tell him that county officials should be taking very hard looks at the community impacts of big development projects--and that they should then tell the community the truth about their conclusions.
You can write to Mr. Steinhaus at 22 Market. St., Poughkeepsie, NY 12601, call him at (845) 486-2000, fax him at (845) 486-2021, or e-mail him
Durst plan is a 'greenwash,' Dutchess planner saysDaily Freeman (Feb 22)
Two articles in the Register Herald for February 21, 2008 deal with the Durst project. One reports the disappointing news that the Pine Plains Planning Board has decided to “wait and see how upcoming public hearings play out on a proposed large-scale housing and golfing community before scheduling additional dates.” We were hoping the PPPB would show a little more backbone and insist on a Saturdary hearing so that more residents could attend and learn about the project. Read the story here
The second article reports on the letter criticizing the project from the Dutchess County Department of Planning and Development. This is the letter we told you about earlier—the one that aptly calls the project “greenwash.” You can read the letter here read the news story here
Transfer Station Disposal Fees
The Milan transfer station is now being managed by Welsh Sanitation. The new management seems to be keeping the area much cleaner, and the staff are very helpful. There have been some minor changes in disposal costs. As a public service, we're listing them here. So far as we can tell, you can't get this information on the Town website. Here it is.
More on Durst
The Poughkeepsie Journal ran an article about the letter from the Dutchess County planners critiquing the Durst DEIS on Feb. 14 here
Durst's response to the County planner's criticism? A spokesperson said, "The letter doesn't reflect the reality of the project." That's for sure--the letter is nowhere near as critical as it could have been. The spokesperson went on to complain that the tone of the letter was a " . . . mean-spirited attack on the Dursts' family integrity." Note to Durst family: People with real integrity tell the truth and learn from valid criticism. If you want a reputation for integrity, earn it.
The Daily Freeman has an editorial about the Durst project. The piece notes the high level of interest among residents of Pine Plains and Milan, points out that a development of this size will have profound impacts on the community, and urges the Pine Plains Town Board to adopt the zoning proposal quickly. Read it here
Cable Comes to Milan! Cable TV with high-speed internet access is finally coming to Milan! The contract, which has been in the works since last year, is under review by the Town’s lawyer and could be signed soon.
Read more about it here.
Cablevision will make a presentation about the plan at the Town Board meeting on March 10. Many thanks to Democratic Town Board member Diane May for keeping this project moving along. We’ll try to have details in advance of the presentation if they’re available, but they probably won’t be—the current Republican administration isn’t real interested in keeping citizens informed. In fact, they’re interested in just the opposite: Cutting off the flow of information to citizens. The Supervisor’s feeble excuse at the last Town Board meeting was that the Town website is supposedly being redesigned by an unnamed volunteer. That’s a pretty poor reason for not posting simple yet essential information such as the agenda for Board meetings and the text of proposed laws. All members of the Milan community should have prompt and full access to this sort of information. We do our best here at milaninsider.com, but when the Town Supervisor can’t be bothered to inform his own Board members about the agenda until the day of the meeting, he’s certainly not going to bother informing us—or you.
Because of a procedural issue, the vote on this issue won’t take place until the next Town Board meeting on March 10. We’ll have the details then
More Time on Carvel
An article about the first public hearing on the Durst DEIS in Pine Plains on Feb. 6 in also in the Register Herald, headlined “Public: Give Us More Time on Carvel DEIS.” Read it here
Important Information for Milan Veterans
In 2007 the Town Board of Milan adopted increases in the veteran’s exemption amounts to equal those of Dutchess County. In addition, the Board also enacted a new “Cold War” veterans exemption law. The exemption is available to veterans who served on active duty (exclusive of training) for at least one year in the United States armed forces between September 2, 1945 and December 26, 1991. Click here to see the letter with details; for more information, check with the assessor's office at 758-5133 x29. Here's the letter
Downstate developer meets upstate resistance ...the reputation the family enjoys in and around midtown Manhattan seems to be carrying little sway with the residents of two Northern Dutchess communities. Here, the Durst Organization has met opposition over its proposal to create a massive golf community geared toward Manhattanites looking for a retreat from the downstate metropolis. Daily Freeman(Feb 10)
N. Dutchess luxury housing proposal touted Hearings begin on ex-Carvel site Poughkeepsie Journal(Feb 7)
Milaners Youth Program
Council member David Byrne is working on a new youth program for Milan. It’s nice to know that years of dedication and hard work by Jackie Reynolds and other volunteers aren’t being totally wasted. Read the story here.
Forum on Environmental Law
Sheila Buff spoke on January 23 in Millbrook about the role of local government in protecting the environment at a county-wide Cornell Cooperative Extension meeting for local officials and CACs. Read more about it here.
Durst proposal needs scrutiny PoJo Editorial about Durst Project
A solid editorial in the Poughkeepsie Journal on January 30 makes this important point: "Should the Durst project become reality, two tiny rural towns would become home to a huge, upscale housing development and resort. People who live in this area should seek out the information available and start asking questions about the profound impact such a large plan would have on their communities." Read the full editorial Poughkeepsie Journal (Jan 30)
Easement will protect Milan farm
Marion Mathison and Michael Bruer, owners of Milan Hill Farm on Round Lake Road, have established a conservation easement on their property. The easement on the 87-acre farm will be held by the Winnakee Land Trust. The Milan community thanks Marion and Michael for their generous forethought in protecting open space in our town.
Read more about the easement here: Gazette Advertiser (Jan 24)
For more about the Winnakee Land Trust and the important work it does in protecting open space in Dutchess County, click here
Planning Board Changes and More
in the News The Register Herald reports on Planning Board changes, Morris Associates, threatening letters, gravel mining, and Dick Barrett's stonewalling. Read it here.
Burglars caught! 2 men charged in string of burglaries
After a two-month joint investigation into a series of residential burglaries, police arrested two local men on felony burglary charges last week. Poughkeepsie Journal (Jan23)
The Town of Milan website is apparently now controlled by Republican Town Board member Bobbie Egan. Since she took over, the link to the complete text of the Wetlands and Watercourse Protection Law has vanished from the home page. Because the link to the Milan Town Code on the home page takes you to a Town Code document that was last updated on May 30, 2006 (the law was passed in 2007), interested citizens who want to read the law for themselves have to dig down deep into the site to find it buried four levels down. There's going to be a lot of discussion about the wetlands law in the coming months. We've posted it here along with some frequently asked questions about it to make sure all interested citizens can easly see it for themselves. And while we're at it, here's the text of the Planning Board's Habitat Assessment Guidelines.
Carvel plan faces public scrutiny Residents of Pine Plains and Milan will be able to have their say on a proposed large-scale housing and golfing community at a series of public meetings set for February and March.
Last week, the Pine Plains Planning Board, as lead agency, unanimously accepted as complete the draft environmental impact statement on the Durst Organization's proposed development of the Carvel property, moving the document in to the public review process.
Daily Freeman (Jan 18)
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Radio Report on the State Police Lawsuit against Milan Town Justice Christensen
The Honorable Frank Christensen, a long-time Town Justice in Milan, is the target of a lawsuit by the State Police. It’s a complex issue involving plea bargaining on traffic tickets. For some interesting background on the case, listen to this story, which aired on WAMC (90.9 FM) on January 14:
Listen to the story here
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Milan planner switch raises concerns Some fear change could alter soil mining stance
"They (Morris Associates) have been known for engineering and they've been more involved in the development side than they are the planning side." Poughkeepsie Journal (Jan 11)
New Milan officials plan their goals
"Our platform during the campaign promised common sense legislation," said Byrne. "We're going to take care of the people of Milan, but also take care of the environment." Register Herald (Jan 10)
Milan bridge set for repair The bridge over Pink Lane is on its way to being repaired, but at least one neighbor is concerned about how the replacement will affect him personally Daily Freeman (Jan 6)
State police sue Milan judge over reduced charge The New York State Police have filed a lawsuit against Milan Town Justice Frank Christensen, alleging he exceeded his authority by reducing a speeding ticket to a lesser charge. Daily Freeman (Jan 4) We're glad to know that the Town Board supports Judge Christensen in this matter and will be defending the suit vigorously.
Who among the Republican Town Board members will have the worst attendance record? Whatdo Dick, Bobbie, and Dave Do for a Living?
Barrett and Egan are licensed real estate salespeople. Dick Barrett works with his daughter's brokerage; Bobbie Egan works for Houlihan Lawrence, a major broker. And David Byrne says he's a "real estate investor."
Get Help Al! Al LoBrutto lacks any experience as a member of a planning board, much less as chair of one at a crucial time for Milan. What additional training courses does he plan to take beyond the required four hours a year?
What conflict of interest issues lie ahead for the Republicans?
Where will the Republicans allow the first gravel mine--Turkey Hill Road or Academy Hill Road?
Politics over Experience Why did Dick Barrett appoint Al LoBrutto, who has no experience with the Planning Board, as the new chair? Especially when Lauren Kingman has been doing an outstanding job as chair?
