Brabenec: DEC Commissioner Wrong To Designate Village Of Kiryas Joel As Lead Agency In Proposed Annexation

Assemblyman Karl Brabenec (R,C,I-Deerpark) expressed concern regarding today’s decision by New York State Department of Environmental Conservation (DEC) Commissioner Joe Martens to designate the Village of Kiryas Joel as Lead Agency for the proposed Kiryas Joel-Monroe Annexation. Brabenec noted that annexation is too controversial of an issue to allow one side to control such an important part of the process.

“I respectfully and completely disagree with the commissioner's decision. It's almost impossible to expect that the Village of Kiryas Joel will submit an unbiased environmental assessment because they strongly favor annexation,” said Brabenec.

“The commissioner says, in effect, that his hands are tied by the law. This is valid only if he applies a narrow interpretation, as he has done, that limits selection of Lead Agency to parties directly involved in the proposed annexation--in this case, Kiryas Joel or the Town of Monroe.

“As the Assembly member representing many citizens of Orange County who will be affected by this proposition, including the Town of Monroe specifically, I cannot in good faith allow this to happen. Commissioner Martens’ decision would deprive too many of a voice in this disagreement, and I contend that the law should be interpreted more broadly for the benefit of all concerned. Therefore, today, I have asked the commissioner to send a program bill to the governor, state Senate, and state Assembly to permit counties or DEC Regions to serve as Lead Agency in any large municipal annexation.

“If the commissioner does not introduce such legislation promptly, I will do so myself.”