Now that PDDG’s efforts to obtain the ten missing documents, or further evidence of the Town’s efforts to locate them, have been dismissed by Justice Taddeo, the logical next step is to go directly to Newman. After all, they are the one party involved in this affair that is not subject to the Freedom of Information Law but that sent or received most of the missing documents.
Newman also has an interest in trying to clear up any doubt that surrounds their project and in demonstrating their commitment to Geneseo. I have drafted the open letter below in the hope that representatives of Newman, particularly legal counsel and Geneseo project manager Ken Kamlet, will read and respond to it.
Should anyone else wish to send this letter to Newman, a formatted, unsigned copy is available as a pdf here. Just print, sign, and send.
A brief reminder of the purpose and significance of this request: the documents we are seeking were produced and/or reviewed by representatives of the people of Geneseo and paid for by the taxpayers of Geneseo. They are documents that should have been retained by the Town but which were apparently destroyed. They concern a matter of vital public interest and importance and a matter about which there is considerable controversy.
Mr. Kenneth Kamlet
Director of Legal Affairs
Newman Development Group
3101 Shippers Road
Vestal, NY 13850
Dear Mr. Kamlet:
As you know, representatives of Please Don’t Destroy Geneseo (PDDG) have been pursuing a Freedom of Information Law (FOIL) request with the Town of Geneseo to obtain ten items of correspondence (listed below) between the Town and Newman Development Group and its development partners.
The Town of Geneseo has certified that its copies of these documents are missing and probably destroyed. In dismissing PDDG’s Article 78 lawsuit against the Town to obtain these documents, Justice Taddeo concurred that the Town has demonstrated its copies of these records no longer exist.
I am writing to request that Newman and its partners check their records to see whether they retain copies of these documents. The documents in question (listed below) cover the entirety of Newman’s involvement with the Gateway Town Center project, from prior to the passage of the Planned Development District (PDD) law, to the period when your application was accepted by the Town Board and forwarded to the Town Planning Board, to the present period of the Town Planning Board’s SEQR review of your application.
As a result, these documents may provide critical information about the disputed circumstances at each of these decision points. Providing these documents to the community of Geneseo would represent an important act of good faith in a community in which your proposal has generated considerable controversy.
Should you be able to produce copies of any of these documents, please send them to the Town of Geneseo, 4630 Millennium Drive, Geneseo, N.Y. 14454 and to PDDG, PO Box 236, Geneseo, NY 14454.
Thank you for your attention to this request.
The Ten Missing Documents
These are the ten missing documents, as described in the billing records of Town attorneys Underberg & Kessler.
1. March 24, 2005: Email correspondence from James Coniglio to T. Ferrera and D. Jerum regarding formal submittal;
2. March 26, 2005: Email from James Coniglio to D. Jerum and T. Ferrara regarding submittal issues;
3. April 21, 2005: Correspondence from Ken Kamlet to James Coniglio;
4. April 21, 2005: Correspondence from James Coniglio to Ken Kamlet;
5. October 21, 2005: Correspondence from Ken Kamlet to James Coniglio;
6. October 25, 2005: Correspondence from Ken Kamlet to James Coniglio;
7. December 2, 2005: Correspondence of James Coniglio with Neal Madden;
8. December 13, 2005: Correspondence of Ken Kamlet to James Coniglio;
9. May 17, 2006: Correspondence of Ken Kamlet to James Coniglio;
10. July 19, 2006: Letter from Tom Lucey of APD Engineering.