What
If ?
What if things really aren't what they seem to be? It's certainly
happened to each of us personally before. And often when we
do figure out what's going on it's embarrassing, and we say
things like 'I can't believe I didn't see that coming."
Usually these situations are personal; we don't realize someone's
motives might be different than we figured, or that some critical
pieces been withheld from us. Once in a while though, the
same thing happens on a different scale, and thousands or
millions of people all mutter to themselves at the same instant
"Whoa. We've been had." And by the time the words
get said, it's too late to do anything about it. When this
happens, it usually happens at the same place: the intersection
of very big business and government, and the news is rife
with examples, from Enron's meltdown to the fiasco with Parmalat,
the Italian multinational. When these things are uncovered,
we usually end up asking "What's wrong with our regulatory
process that could allow something like this to happen?"
It's a good question, and it‚s often a better and more
relevant question than we even realize. Because our
regulatory processes may be administered by good regulators,
but they're often run by politicians.
The Belleayre Resort's public hearings are underway: two days
in which those of us who live here have the opportunity to
comment on how we think the project might impact us over the
next 10 or 20 or 50 years. It's by far the biggest project
ever proposed in our region's modern history, and we all have
an obligation to ourselves and to the future to weigh in and
help in the decision-making process. We hope people take the
opportunity seriously, because it won't come again after Thursday
night.
Crossroads' environmental review is of course moving forward
in a highly charged emotional climate. That's not surprising
because most of us who live here are not ecstatic about the
prospect of radical change, either to our communities or to
the physical environment so many of us here treasure. Despite
the developer's many statements to the contrary, we think
significant changes would be inevitable. The question the
state has to decide is, on balance, would those changes be
good or bad, which begs the question "for whom?"
Fact is, the interests of local residents may or may not factor
much in the state's equation.
That, we think, is because the review is also moving forward
in what can only be described as one of the strangest regulatory
environments in New York's history. As lead agency in
its SEQRA process, the Department of Environmental Conservation
is supposed to be presiding over a "coordinated"
and analytical "hard look" at the project. Instead
- and there are many instances of this - it's been effectively
an advocate for the developer, making unprecedented efforts
to expedite solutions on their behalf. In transparent violation
of SEQRA laws against 'segmentation', DEC excluded from the
resort review the impact of its own Belleayre Mountain Ski
Area, which sits in the middle of the project site, and is
in the process of a significant expansion. At this moment,
Belleayre's probably the fastest-growing ski area in the Northeast,
and it doesn't take a SEQRA lawyer to tell you its traffic
impact needs to be factored along with the resort's. Just
one example, but part of a pattern of accommodation that's
hard to ignore. Equally strange has been the intervention
of other state agencies, including the Department of Transportation
and the State's Public Service Commission, also on the developer's
behalf.
We ask you to ask yourself why these kinds of things might
be happening, and at whose behest. To us, it certainly looks
like we have a state government that's marching in step behind
the developer. We have a legislature that's never moved to
restrict or prohibit gaming from within the blue line of the
Catskill Park. We have a county government that's made sure
some Indians from Oklahoma can partner with whatever resort
operator Crossroads sells to, to build a casino and open up
their own sovereign state anywhere in Ulster County.
We have a governor who just recently reversed his longstanding
opposition to granting casino-operating compacts to out-of-state
Indian tribes. And we have a developer that's announced
its intention to sell the permits, once granted, to a "major
resort operator." Those are the facts, and we figure
people can add, though we don't imagine everyone will come
up with the same thing.
We are not telling you we think the Belleayre Resort is really
a casino project. Maybe it is, maybe it's not. We are
however, asking you to think about what kind of business might
be big enough to move a whole state's government to try and
facilitate such a project. We've discussed the resort in detail
with some of New York's leading hotel and real estate developers;
none believes the project as proposed can be financed at all.
But several of them added, without prompting, "except
as a casino." As of now, there are no legal or structural
impediments to that happening at the Belleayre Resort site.
It's hard to argue that the world's first ski-golf-casino
isn't an interesting marketing idea. It is. But it would bring
change on a scale few of us have really considered. It does
raise the what-if question though. What if things aren't really
what they seem to be? Or more troubling perhaps, what if they're
exactly what they seem to be?. We can't answer those
questions for you, but we think they‚re worth thinking
about. One thing's evident: we're in the midst of a regulatory
process that could stand some closer attention from the public
than most of us have paid so far.