Tuesday, June 23, 2009

The Price of Profit and Pride . . .

New Hartford Planning Board Chairman Jerome Donovan had an editorial in the Sunday O-D where he supposedly encourages discussion of several "key issues" by Town Supervisor candidates, but essentially uses the space to push for a big expansion in Town Government. If it were up to Mr. Donovan, New Hartford would have:
1) A professional Town Manager in addition to the Town Supervisor
2) A Town Comptroller
3) A Staff Attorney
4) Additional clerical staff for the codes, engineering and planning department
5) More office space for said departments
6) A new Town Courthouse
To make his point, he states:
Does anyone honestly believe that New Hartford — the largest town in the county with a population of 21,000 and the retail hub with a budget of $15 million — should be governed using the same model as the town of Ava, population 750?
I don't know about Ava's "model," but a more apt comparison would be the "New Hartford" model -- circa 1990 -- when New Hartford had almost 1,000 more residents. How can fewer residents now require so much more government?

The ready answer is that it is the price of New Hartford's recent "development" -- the price associated with being "the retail hub" for the region -- and the price of all the newer neighborhoods sprouting all over the hillsides. However, since the number of residents is declining, exactly who is benefiting from and who is driving the development?

Some insights are offered by an article from Chris Leo, U. Winnipeg: "If Cities Can't Regulate Urban Growth, Urbanizing Municipalities Certainly Can't."

Mr. Leo discusses how city councils, which make the decisions that determine growth of cities,
"frequently lack the political will to resist the blandishments of developers, in practice, we are allowing the cost accounting of individual development companies to play a major role in determining the growth of cities.

The question of whether the location and design of a new development responds to environmental concerns, and maximizes the city's ability to maintain the viability of its network of infrastructure and services, is unlikely to be high on an individual developer's list of concerns. The developer's responsibility is to shareholders, not the city as a whole.
"
Mr. Leo goes on to explain that the situation is even worse in communities which are in the process of urbanizing, where numerous individual residents can make fortunes by subdividing farmland for development. The objectives of even the best intended plans get forgotten under pressures from those who hope to gain.

This certainly describes New Hartford, where the objective of the business park district to create manufacturing sites (that was stated in the district's Environmental Impact Statement) was overlooked by the Planning Board (along with other things) when it gave Final Site Plan Approval to an office park instead.

The Town has set its course in response to pressures exerted by those residents who would profit from Town actions, or who would seek to build monuments to themselves or their families. These persons pander to the pride of local officials when they tout, e.g., the Town's new status as "the regional retail hub" -- but that status has not helped the average Town resident, and, arguably, has adversely impacted the average resident's quality of life. These persons have insisted on growing New Hartford to be a competitor of Utica instead of being a bedroom community suburb of Utica.

Eventually the Town will need what Utica has: a formal engineering department, a legal department, a professional fire department (with EMTs) and - of course - a courthouse -- all duplicative of what is already available in Utica just a couple miles away.

Duplicating Utica won't improve things. More government won't improve things. These will only increase fixed costs so much that the entire region will become more non-competitive than it already is.

New Hartfordians are going to have to decide just how much they are willing to pay for private profit and pride.

Monday, June 22, 2009

O-D Hogwash in New Hartford . . .

Now we "find out" that a "Little-known panel OK'd the Hartford Building" in the privately owned New Hartford Business Park.

A virtually unknown town committee approved the development and construction of The Hartford Financial Services building in recent years, in a process that skirted traditional Planning Board approvals.

Who is the Observer-Dispatch kidding? What agenda is the O-D trying to advance?

I can't say if there was or was not a "little-known panel" that "OK'd" things, but most certainly plans for the entire Business Park DID come before the Planning Board -- several times -- and were Approved. It's right there in the Planning Board minutes.

Mr. Adler came before the Planning Board for a "Preliminary Site Plan Review" on March 27, 2006 and a lengthy discussion ensued. (scroll to p 4). The Planning Board was updated on June 12, 2006 (see p 5). On July 17, 2006 the Planning Board granted Preliminary Approval to the New Hartford Business Park (see pp 8-9). On September 11, 2006 Mr. Adler appeared for a "Final Site Plan Review" of the New Hartford Business Park, the Planning Board voted to "close SEQR," Preliminary Approval was given for Phase I of the project, and Final Approval was given for Phase I contingent on the developer providing an agreement for a future Town road (see pp 2-4).

The Planning Board never looked at any site-specific plans, Donovan said.
Really? Then what was the "Final Site Plan Review" and approval in the Planning Board Minutes all about? Does the Planning Board give final approval to plans it does not see? This would be laughable if it weren't so inexcusable.

Of course, as this blogger previously pointed out, "The Hartford's" building is on a plot of land that was before the Planning Board in 2006 (see tax map ID ##s in the minutes), but NOT included in the original 1999 Environmental Impact Statement for the previously proposed business park district. The Planning Board, however, chose to rely on the 1999 EIS, oblivious to the change in footprint of the project (now extending outside the area considered for the business park district), and oblivious to several other changes from what was proposed in the EIS. Obviously, the paid Planning Board did not bother to read the Environmental Impact Statement even though it was their responsibility to ensure compliance with the State Environmental Quality Review Act.

This was clearly a failure of the Planning Board on a massive scale.

Technically, the building permits and the certificate of occupancy that were issued for this building, and all PILOTS and special arrangements for financing roads are void for non-compliance with the SEQRA -- but who would do anything about it? Private people aren't going to spend their money to make the Town follow the rules.

The Planning Board Minutes are mysteriously silent about the workings of the "little known panel" . . . but the Planning Board clearly had responsibility under SEQRA.

Now that irregularities are coming to the surface, the O-Ds "little known panel" is a convenient deflection of the Planning Board's failure.

Friday, June 19, 2009

It's Not What You Know . . .

. . . but Who you Know as the old saying goes . . . born out again this week in Daniel Labella's appointment to Police Chief by Mayor Roefaro.  

The mysterious dropping out of would-be competitors really isn't mysterious in local politics. People involved know what decision has been made long before it is publicly announced, so there is no point in fighting the inevitable.  The only challange is to make the decision "legal." 

While civil servants understand how the process works -- that the highest score on a civil service test does NOT guarantee an appointment to a position -- what went on here would seem extraordinary and questionable to most civil servants:

There were two different Civil Service Tests with different eligibility requirements. 

Usually eligibility requirements for a test are the eligibility requirements for the job. In Utica one has to be a Deputy Chief first before taking the City's test to become Chief, so how does one take a County exam without the eligibility requirement and qualify to become a City Police Chief?

It makes no sense.

The two tests were different, the County test being shorter that the city test .  So how is comparing the scores from two very different tests valid?

That's more nonsense. 

If one is sick for a Civil Service test, its usually tough luck ... you take it the next time it is given. No so here . . . a special session was created for this County test for Mr. LaBella.

That's just crazy.

For some people, this is the straw that breaks the camel's back.  They are calling for the recall of Mayor Roefaro. More power to them! It's good to see the public, especially the unusually complacent Utica public, get motivated. . . .

But the public should make sure that they are not merely treating the symptom of a bigger sickness. . . . or playing into the hands of others.

Notice the County's involvement above.  This particular appointment could not have occurred without County collusion.  

There is much more wrong here than meets the eye . . . it goes beyond Utica's borders and involves BOTH political parties.

Keep your eye at the County level . . . The County preserves local fiefdom's powers.

Tuesday, June 16, 2009

Maintaining the Status Quo . . .

An interesting article appears tonight on the O-D Website: Brindisi spent $17,000 on campaign for Utica school board.

"The amount of money spent in the Utica race was higher than most school board races in the state, according to the New York State School Board’s Association.

About 61 percent of school board members reported in a 2008 survey that they spent no money in their last campaign, and just 4.1 percent reported spending more than $1,000.

But it’s not unusual for Utica school board candidates, who regularly spend far more than average for mailings, signs and media ads to win the five-year seats.

Now look at who contributed to the campaign:

Brindisi’s list of contributors reads like a who’s who list of Mohawk Valley officials and also includes three current Utica school board members — Margaret Buckley, Barbara Klein and Chris Salatino.

Also contributing were newly sworn-in Utica Police Chief Daniel LaBella, U.S. Rep. Michael Arcuri, D-Utica, State Sen. Joseph Griffo, R-Rome, and New Hartford’s new budget director Heather Mowat.

“When I announced my candidacy, friends and family came forward with overwhelming support,” Brindisi said.

"Family and friends," my eye! The same old - same old names are behind the election. The area's "elite" take care of their own, regardless of party affiliation, to ensure that they remain "in charge" of one of the biggest pots of public money in the region.

What good have they accomplished? ... other than for themselves?

Tuesday, June 09, 2009

What's the Fix for Upstate?

Our little part of the country would seem to have everything going for it. We are blessed with a beautiful countryside of fields, forests, mountains, valleys, lakes and streams – abundant with water, wildlife, and other natural resources – and capable of nourishing people, agriculture and industry. Our climate rarely produces the hurricanes, tornadoes, forest fires, floods, and earthquakes that seem to plague and harm people elsewhere.

Anchored to the world port of New York City, and strategically positioned on the favored route to the West, Upstate's natural assets only needed the leverage provided by the Erie Canal to become productive. Following the canal, people came and found things to do, supported by the canal's ability to inexpensively transport raw materials and finished products to where they had to go. Fruit, vegetable, and dairy farms flourished in the fertile landscape. Readily available hydropower turned wheels in mills where all sorts of products were manufactured. Jobs became plentiful, and the population increased. Cities grew along the canal like pearls on a string, becoming centers of wealth, culture, commerce, and education. The Erie Canal, and Upstate's growth, in turn, spurred more growth in New York City, turning it into the world's financial capital.

Although the canal declined in importance following construction of the railroads, Upstate continued to grow and do well because its long-established institutions and infrastructure provided amenities not available in many other places. Even our own Greater Utica area was growing at such a rate that there were fears that our natural resources, especially water, would be unable to sustain the growth. In 1968 Oneida and Herkimer Counties, with the New York State Department of Health, commissioned a study of all of the water resources in the counties and planned how those resources should be developed and distributed to serve a population expected to grow from the then-approximately 335,000 to about 568,000 in 1990 to well over 700,000 by 2020.

However, our population did not grow. The trend reversed, and our two counties have lost population, now holding less than 300,000. This change was not confined to our area. Like elms succumbing to the dutch-elm disease, other Upstate areas also became economically sick, with declining populations, businesses and jobs leaving, taxes increasing, and, incongruously, development taking up more acreage, replacing farms and orchards. Now, for businesses to come into the region, we feel obliged to bribe them with various taxpayer subsidies. Our natural and man-made assets no longer are attractive. Why? Examination of what happened to two of Upstate's biggest assets, cheap transportation and cheap hydropower, suggests the source of our problem.

The canal was superseded by the railroad, and the railroad by the Interstate Highway System. Other places had railroads and interstates, too, so Upstate lost its transportation advantage. But New York State's maintenance of a toll on the Thruway, Upstate's principal east-west commerce artery, placed Upstate at a distinct disadvantage, when compared to other parts of the country. Considering that the federal government paid New York a large sum of money in the late 1980s to make up for the state having used its own money to construct the Thruway, and considering that the bonds used to finance the Thruway were paid off in 1996, there was no need for the toll to remain, but it did. To add insult to injury, the legislature turned maintenance of Interstate 84, a toll-free Downstate highway, over to the Thruway Authority, and removed tolls from Downstate portions of the Thruway including the New England section, burdening Upstaters, through their tolls, to pay to maintain several free Downstate highways. This smacks of the colonialism that existed between America and England in the 1700's which led to the Revolution. Clearly, a different standard is being applied to Upstate, and state government has turned Upstate's transportation advantage into a disadvantage.

Although hydropower (which is cheap) is abundant in Upstate New York, Upstate still has some of the highest electric rates in the nation. This is because the power is being shared with Downstate. The NYRI power line would have made it even easier to send more power from Upstate to Downstate and was expected to increase Upstate rates further. Although we are fortunate that this proposal has been taken off the table, the New York Power Authority is proposing a line under the Hudson that will do essentially the same thing. Meanwhile, Downstate shut down the Shoreham, Long Island nuclear power plant before it even became productive, hopes to do away with its Indian Point nuclear power plant, and is planning on doing away with its coal-fired generation plants. New York State now wants a significant percentage of power to come from renewable sources, which includes hydro. Essentially, Upstate will become New York City's power generation station. Again, a different standard is being applied to Upstate, and state government has again turned an Upstate advantage into a disadvantage.

Cheap transportation and cheap power, both essential to Upstate's manufacturing economy, have been done away with to satisfy preferences of people living in a part of the state where the economy does not depend on them. The Upstate perspective in state policy-making has been lost. When and how did this happen, because up until the 1960s both parts of the state had worked together and were doing well?

The change may be traced to the reapportionment of the New York State Legislature. Prior to the mid-60s the State Senate was usually controlled by Upstate, and the Assembly was controlled by Downstate. This was the case regardless of which party controlled which house or the Governorship. For anything to get done, Upstate and Downstate were forced to work together, to accommodate each other, and to look out for each other's interests. They did -- and a symbiotic relationship developed that worked incredibly well for over 150 years, turning New York State into the Empire State, the most populous, powerful, and wealthiest state in the nation.

Then came the US Supreme Court decision in WMCA, Inc. v Lomenzo, 377 US 633 (1964), which held that the NY Constitution's apportionment scheme (which ensured that Upstate's perspective would be heard) violated the 14th Amendment of the US Constitution's “equal protection” clause - the Court equating "one man - one vote" with "equal protection." The reapportionment of the state legislature that followed gave Downstate control of both houses. Upstate, and, to a lesser extent, New York State as a whole, have declined in importance ever since.

The Court's decision was split 7-3. As the Dissent pointed out, there may be good reasons for a state to ensure that particular geographic areas have a voice, and it is a violation of State Sovereignty for the US Supreme Court to second guess the reasons why a particular arrangement was chosen.

I happen to believe that New York's Founding Fathers over 200 years ago knew what they were doing, which was not unlike what the country's Founding Fathers were doing when they gave every State two senators regardless of population. We need to renew an appreciation for their wisdom in designing a Senate based on geography and an Assembly based on population. Then we need to get the Supreme Court to revisit its old decision.

Perhaps with the "new evidence" represented by Upstate's 40-year decline following reapportionment, the outcome will be different. . . the symbiotic relationship between Upstate and Downstate will be restored, and New York will rise again as one state -- the Empire State.



[This article was originally published in the May, 2009 "Utica Phoenix." Be sure to pick up this month's "Phoenix" to read "Water, Water Everywhere, But Not a Drop to Drink?" ... available now in a newsrack near you.]

Sunday, June 07, 2009

Consolidation . . . From a Downstate Perspective

The OD Says: Bill to make mergers easier deserves OK. But is this the bill that we really need?

Readers of this blog know that I advocate the creation of "The Municipality of Greater Utica" to consist of the City of Utica; Towns of New Hartford, Whitestown, Marcy, and Deerfield; Villages of Yorkville, New York Mills, Whitesboro, New Hartford, and Oriskany; the Mohawk Valley Water Authority; the Oneida County Part-County Sewer District; and various other "Utica-centric" authorities; plus portions of other jurisdictions that are served by either the Water Authority or the Sewer District.

While cutting costs is the selling point for some, for me the true issue is giving the People who would live in this Municipality meaningful control over what local government accomplishes in their everyday life.

We have all witnessed the ravages of "sprawl." I think most people would prefer to have "city" activities in the city and "suburban" activities in the suburbs. Bulldozing apple orchards for business parks while large portions of downtown are vacant makes no sense. However our "Balkanzed" local governments make that happen: people in New Hartford have no say over how Utica develops, and vice-versa. Our Water Authority extending lines ever outward just to grow its business while creating a water shortage that will make it difficult to reindustrialize old sites also makes no sense -- but it happens because selling water was divorced from other municipal responsibilities. Ditto for the Part-County Sewer District, only with the District, control has been handed over to people half of whom live outside the District. Water and Sewer are our biggest pieces of shared infrastructure. They determine where development occurs. Unless We the People govern them as one municipal entity, they will control us, playing one part of us against the other, and they will eat us alive with a half-billion in expenses.

Andrew Cuomo certainly deserves a round of applause for bringing the matter of streamling consolidation forward. The idea of giving the People the right to initiate the process is especially intriguing. (Where is the "Initiative, Referendum and Recall" we were promised so long ago like they have in California?) Would Mr. Cuomo's Bill permit "Greater Utica" to emerge?

Download the bill from the Attorney General's website.

The proposed law is all about consolidating "local government entities." The key is in the definition of "Local Government Entity."

13. "Local government entity" or "entity" shall mean a town, village,
district, special improvement district or other improvement district,
including, but not limited to, special districts created pursuant to
articles eleven, twelve, twelve-A or thirteen of the town law, library
districts, and other districts created by law; provided, however, that a
local government entity shall not include school districts, city
districts or special purpose districts created by counties under county
law. (emphasis supplied).

There you have it . . . no help whatsoever with the type of consolidation that we really need here.

I've previously blogged about Upstate suffering because policies are implemented from a Downstate perspective. My suspicion is that this bill was written from a Downstate perspective, where the Towns are all highly populated and various services have already been extended throughout. Upstate is different. Many Towns have sparsely populated areas -- areas where population density is too low to support services. Consolidation in such places, if not carefully done, could require village residents to subsidize services to outlying areas, increasing taxes, fees and rates, and result in more sprawl. Alternatively, it could also result in a loss of services within villages, if the combined town-village population density is too low to support services everywhere.

The bill should probably be passed because anything that gives more power to the People is a good thing in New York. It is also a good start on consolidation . . . but it does not go far enough to meet our own local needs.

Friday, June 05, 2009

Highrise "Living?"

Six-story Utica apartment building planned for downtown

WOW! The headline suggested Utica may be coming back. Then I read the story . . .
"The construction of a six-story, roughly $10 million downtown apartment building is among a series of ambitious projects the Utica Municipal Housing Authority plans to undertake soon, officials from the agency said.. . . "
Another government-paid-for project! That's sort of like buying self-esteem, isn't it? The city cannot get private investors to do this, so it gets the taxpayers to do it instead. Oh, I know, these are Federal Dollars rather than local, but we pay for them anyway.
"It would include both subsidized and market rate apartments."
That sounds like public housing! The city just spent millions to bulldoze (rather than renovate) another public housing project, Washington Courts, only a few blocks away . . . Now it wants to build more public housing? I would like to think that city officials learned a lesson from what they already did: that doing away with Washington Courts killed the market for a downtown drug store which everyone now misses. . . But somehow I don't think that even played a role.
"The building would be built on top of the Kennedy parking garage near City Hall."
Now THAT REALLY got my attention. Maybe my memory is failing (so someone please correct me if I'm wrong), but weren't we told during the last administration at about the time that Utica National was looking to locate some offices Downtown that the Kennedy Parking Garage could not support a structure on top? I remember that it was designed back in the 1960s to support an office tower -- a six story tower at that. I thought we were told that the existing structure had deteriorated over the years and could no longer support a tower?

Anyway, assuming the structure is sound, why the change in use from office to apartments? There is a huge municipal housing development already there, right next door. It seems to be too much of one use in the same location. Also, how many people would want to actually LIVE RIGHT ON THE City Hall Plaza where numerous public events are held? I might enjoy the symphony from my balcony, but I wouldn't want to be subjected to heavy metal if I want to go to bed early. The original intent was for an office building, and that would seem to be the best use for the site.

But, of course, there would be no Federal Dollars for an office structure, now would there?
So I guess area residents will just have to put up with a misplaced use that will detract from, rather than enhance, both the City Hall Plaza and the residential structure itself.

Where is the Master Plan in all this nonsense, anyway?

To me, this is just more of the Same Old, Same Old around here -- a grab at some Federal Money -- which will make some individuals rich . . . but saddle the public with something that is not going to work very well.

Royal Succession?

We learned this past week that Mr. Griffo is coveting Congressman McHugh's seat now that McHugh is being appointed to a position in the Obama administration.

Is anyone taking bets that Mr. Picente plans to be appointed State Senator? 

Getting Back up to Speed . . .

I took a break from blogging for a few days to write an article for the upcoming Utica Phoenix. . . . When it is in the news rack (expected in a few days), I will post last month's article here. . . .

Be sure to get the Phoenix for the latest on an important issue.

Monday, May 25, 2009

Raining Nickels and Dimes . . .

No one seems to know exactly where the $2.6 Million from New Hartford's "Rainy Day" fund went, but Cathy at NH Online Blog documents where at least some of NH's outlandish spending has gone by posting the invoices from the Town Attorney and the CPA firm hired to assist the Town with its finances.  

Interesting reading!

On the Town Attorney's invoices, I was struck by the number of entries "Memo to Town Board: DC Powerline - NYRI" and similar wording re the NYRI situation.  I counted about 40 such entries between 1/1/2008 and 6/30/2008 alone, totalling 7.9 hours or $1185 at the attorney's $150 hourly rate before I stopped because I got tired of counting. A quick scan, however, revealed that  the pattern continued for the rest of the year and into 2009. That's a lot of memos!

NYRI was an important issue, and the action before the Public Service Commission generated a lot of paper (I have boxes of it). 

But WHY would the Town Attorney be writing memos to the Town Board on NYRI?   

There is no evidence that he actually did anything in particular in representing the Town on this issue. The Town's interests were represented by the Gilberti firm out of Syracuse through the Town's participation with Communities Against Regional Interconnect. 

Although his name appears on the official PSC service list to receive official documents, so does that of the Town Clerk, so the Town was always kept informed directly by the PSC and all the other parties of their actions ... so why the need for constant memos?

FOILing the memos should be an interesting experience if anyone wants to try. It will probably result in a response that it is protected by Attorney-Client privilege . . . but the Client (in this case the Town Board) can always waive that. Will the Town Board demonstrate that it obtained useful information from the money paid to the Town Attorney? 

In this regard it is interesting to note that the Town Board is mostly Republican and that the Town Attorney is also the Chairman of the Town's Republican Committee, wielding a lot of influence over which candidates for Town Council and Supervisor receive Party endorsement.

There appears to be a pattern of "nickle-and-dimeing" of the Town Taxpayers by the Town Attorney for services re NYRI, the value of which is not evident on the record.  I'll leave it to others to see if the pattern prevails on other issues.

Nickels and Dimes add up.

Thursday, May 21, 2009

The Agreement . . .

The fighting has to end, once and for all. Negotiating a settlement of disputes with the Oneida Nation is better than having one shoved down our throats by the courts or by the Bureau of Indian Affairs.

But is the proposed Agreement between the Oneida Nation and Oneida County the settlement we need?

While several of my friends will disagree with me, I see the Oneida Nation operations as good for the area. There are negatives, of course, like there are with any enterprise, but it seems to be a net positive (and if there are some stats indicating otherwise I certainly want to see them because they should be aired). It is one of our biggest employers - a major job creator, employing many people who otherwise would have moved on to other regions -- people who pay taxes. It is a "class act," with venues on a par with some of the best entertainment, gaming and golfing venues nationwide. It is also our biggest tourist draw, and puts a positive face on the region for the national spotlight.

It is also competent -- refreshing to see in a region where few things seem to be run right.

That competency, however, includes a certain amount of ruthlessness and objectionable weight-throwing -- such as the latest mass advertising campaign to marginalize and paint as "backwards" those who question the proposed agreement. An unfortunate outcome of such tactics is that it invites an emotional "us vs. them" battle that distracts us from making a dispassionate examination of facts

As for the Agreement itself, it seems to be mainly about something that the Nation has plenty of: MONEY. Proponents of the Agreement see Big Money for County and Local Government . . . They can't wait to get their hands on it. . . . "to stabilize taxes." Opponents say it's Not Enough.

Frankly, the whining out of the Vernon-Verona-Sherrill School District about how they are being shortchanged and how they need more money "for the children" is sickening. If the Nation didn't exist, would they be better off? The Nation imposes Zero impact on the school district, yet it employs many people who live in the district, enabling them to pay taxes to the district.

We The People have seen all this before. Big Money for the water deal in Utica did not solve Utica's money problems but created an entity that focuses on its own existence at the expense of regional needs. Big Money for schools created a lot of construction projects, but also bought a lot of distractions, and has not resulted in a better educated population. Big Money for job creation has created a few jobs (especially among bureaucrats), but most of the good jobs continued to leave the state.

This agreement is not like settling a car accident. MONEY SHOULD NOT BE THE KEY FOCUS although money, on issues such as "tax parity," is certainly involved.

What appears to be going on in the Agreement is a mini-version of the act now playing on the national stage: Big Enterprise and Big Government defining their relationships, while the needs of the "every-day" person, the ones who ultimately pay for whatever "deals"are worked out, get overlooked. If the Agreement gets passed, once all the Big Money is spent, what are we left with? What will our lives be like?

The Agreement is woefully inadequate at defining the relationships between the Nation and the rest of us. For that reason, it MUST BE REJECTED.

Tuesday, May 19, 2009

Being Railroaded . . .

A couple stories appeared this week about Amtrak CEO Boardman's talk to the Rome Chamber, one in the OD, the other in the Sentinel. Mr. Boardman, who lives in Rome, wants to see a high-speed rail stop in Rome, as well as Utica.

Could Herkimer and Little Falls be far behind? Weren't they originally planning to go from Albany to Syracuse with no stop in Utica?

From the Sentinel comes this precious quote:
"It’s what you need here for the future," said Boardman of Rome’s station. "You need frequency." But Rome also needs support from the state, because no system makes money, so there has to be public money to support the operations of the system built to serve passengers.
No system makes money? Public money must support operations?

If the system will not be able to sustain itself, then what need could it possibly be filling that is not already being met by other means?

Why are all these officials pushing for something that is not needed? And not pushing for something that IS needed (merely to put us on a par with the rest of the country): Removal of the Thruway Tolls?

Saturday, May 16, 2009

Twenty-Two Point Six

Twenty-Two Point Six Million Gallons Per Day (22.6 MGD) -- That is the amount of water that the Mohawk Valley Water Authority is limited to taking based on Judge Hester's Order that MVWA has the "right to divert at the Hinckley Reservoir water flow at a rate not to exceed 35 cubic feet per second . . . " [cfs - emphasis mine]

Per Today's OD

"Based on current water use, this ruling provides sufficient room to, at the very least, allow us to move forward and address the immediate needs of the towns that have requested water permits," authority Executive Director Patrick Becher said. "And this decision clears the way for the state now to provide drinking water to people who need it without fear of litigation.” . . .

Assemblyman David Townsend, R-Sylvan Beach, said despite the ruling, water line expansion should be possible in Westmoreland, Kirkland and Schuyler, since that water is already accounted for.
“I believe there was always enough water to do those,” he said.

OH REALLY? -- Let's put this 22.6 MGD in perspective.

Here are some figures from p. 30 of MVWA's Series 2003 Bond Prospectus:



While Average Daily Demand equals about 19 MGD (this blogger has seen higher numbers in MVWA engineering reports) Maximum Daily Demand equals 25 MGD -- or 38.68 CFS -- which would exceed Judge Hester's Order.

Perhaps there is enough storage in the MVWA system to handle the Maximum Demand days to avoid drawing more than 35 cfs from Hinckley . . . but it seems too close for comfort. What should be clear is that while Messrs. Becher and Townsend would like extend water service to NEW areas allowing people to get off wells, that will leave NO WATER for increased use in the areas that MVWA already serves. If water is supplied to new housing developments what is left for industrial development?

We can kiss the Marcy Nanocenter "Goodbye" because where oh where would we get the extra 3 MGD it would need to operate?

Of particular concern, Oneida County Executive Anthony Picente said, is what happens to the authority's plans to extend water lines into potential growth areas in Kirkland, Westmoreland and western Oneida County. The authority has also hoped to extend water lines eastward into the Herkimer County towns of Frankfort and Schuyler.

“It’s not good for job growth,” Picente said. “This decision clearly puts a whole new twist on our water issues and how we deal with it.”

Mr. Picente's concern is misplaced. The county already has a study (done in 1968 by Malcolm Pirnie) that shows that Non-Hinckley water resources are available to supply significant growth in central and western Oneida County, and recommends that they be used. That same study, however, shows that there are almost no water supply alternatives available for Utica and its Suburbs other than Hinckley.

Congratulations MVWA! Your actions have doomed Greater Utica to NO GROWTH.

Friday, May 15, 2009

Divided We Fail . . .

In the conversation following yesterday's post on New Hartford's fiscal foolery I suggested that the Town should become part of Utica because town leaders had been trying to make NH a city for years, duplicating what was next door and eliminating the suburb that people moved to NH for.
Utica provided enough government for 100,000 people -- and that is about what is left in Utica+NH+Whitestown now. One government for all three to me is a no-brainer.
One reader responded:
Strikeslip surely jests. New Hartford people may be fat and lazy when it comes to government involvement but they are not stupid. The incompetency and corruption in NH pales to that of Utica. Why, Utica produces so called leaders who can't produce two coherent sentences together." One goverment for three" sounds good but is an undesirable, pipe dream given Utica and its political players.
This got me thinking.

Utica may have had years of incompetent leadership -- but why would that not be expected? The region's most capable people are most likely to live in the "better" neighborhoods -- which are in the Suburbs. But (given NH's latest fiasco) we don't seem to have competent people running for Village or Town offices either. If you were a successful and capable person would you want to put up with the petty small-town politics that is governed by cliques? You know that you would be banging your head against the wall, wasting time.

City-Suburban merger would enlarge the gene pool and dilute the cliques -- maybe attracting better leadership.

It might also encourage more airing of issues.
While the Utica City Council can be comical at times, there is at least debate on the issues, unlike the rubber stamping Town Boards.

Who would govern an enlarged Utica? Utica voters are notoriously complacent -- which explains why all our regional leaders are now from Rome in spite of Rome having 1/2 the population. If NH and Whitestown became part of Utica, voters from those places likely will run the city.

Now think about this: If people from NH and Whitestown ran Utica, how would they govern?

Do you think they would put up with bulldozing their orchards or fields for business parks and "town centers"? I don't think so. I think they would try to figure out a way to make THEIR downtown vibrant with business activity instead.

Do you think they would concentrate their police patrolling Main St NYM or the 840 looking for people going 2 MPH over the speed limit? I don't think so. I think they would put them in Cornhill to squelch crime so that their children could be safe when purchasing the region's most affordable housing. (And if suburban children buy inner city homes, we would not have the absentee landlords renting to whatever scum comes up from NYC to sell drugs)

Do you think they would turn governance of their sewer system over to a political body (the county legislature) most of whose members aren't even affected by the system? I don't think so. I think they would want to control their system themselves.

Do you think they would vote to send their water supply to Verona, knowing that a shortage will occur if their population significantly grows? I don't think so. I think they would want to conserve their water supply for their own future growth.

I see only positives from merger - - for Everyone but the Special Interests who control small-town government and the government employees whose jobs would be eliminated.

Thursday, May 14, 2009

One Hundred Thirty Bucks . . .

. . . That's about what the Town of New Hartford's draw down on its "rainy day fund" will cost every man, woman and child living in the Town to make up. $2.6 Million! Per the O-D:
Neither Reed nor town board members could give specific reasons for the drop — $1 million last year alone — but cited increasing costs and difficult financial times.

This, of course, is all hogwash. The Town has been spending like drunken sailors on shore leave. . . . and it would have spent more had some Concerned Citizens not raised an uproar.
Reed, who took office in 2006. said he had known the fund balance had gone down, but hadn’t realized things were that bad.

“In my years in the private sector, I always had a strong (chief financial officer),” he said. “My forte is not accounting.”
Excuses . . . And Mr. Reed will use his incompetence as an excuse to spend even more on a full time Chief Financial Officer . . . not that one will make any difference since the Town spent well into the six-figures for Mr. Basile's accounting expertise and well into the six figures for Mr. Green's legal expertise and still finds itself in this mess. And where was the Town Board in all this? Simply Rubber Stamping whatever they were told to do?

Having high-priced help at your fingertips does no good if you have no common sense, are lazy, and arrogant.

Unfortunately, the Town gets what it deserves. Until enough residents get off their butts, run for office, circulate petitions, show up at meetings and squawk, those who have something to gain by having connections with town government will place their minions into the open slots. And town government will continue to be run for the benefit of those who will profit rather than for the good of the people.

Wednesday, May 13, 2009

More Fail . . .

"Consultants" have concluded that 8,000 jobs will be added in 25 years up at the Old Oneida County Airport business park . . . if WE the TAXPAYERS contribute only another $61 MILLION!

Other developments to lure in new businesses would include building a town center housing restaurants and small retailers within the next six years, and adding recreational fields for the public, said consultant Elizabeth Sargent of Massachusetts-based Sasaki Associates, one of the firms working on the report.

Just what we need - another "Town Center" with restaurants and retailers . . . What about the other "Town Centers" we already have that are languishing: Downtown Utica and Downtown Rome? And we need more ballfields, too??

How can it be that now that our regional population has dropped by tens of thousands we need more retail centers and ballfields? More, more, and more stuff -- and fewer, fewer, and fewer of us left to pay for it.

County Legislator William Goodman, D-Whitestown, said while the park had a long way to go, he was encouraged by the study’s findings.

“There’s a good future in this area, and we know what needs to be done,” he said. “Of course, the public should have a say, as well.”

Yeah, sure, Mr. Goodman ... the public should have a say . . . but you know better, right?

This is just more of the same garbage that we've been putting up with for 30 years. "Consultants" hired by EDGE come up with a plan to justify EDGE's continued existence for a generation. Town leaders smugly get city residents to pay via county taxes to encourage more activities to move to where they can be taxed by Town Government, while Town residents put up with a degradation of their environment, more traffic, more crime, etc. . . . and the only people who benefit are those who control Town government and their well-connected buddies.

Its time to put an end to all this because it hasn't worked before and certainly won't work now . . . now that we are heading into a depression.

The only thing that will attract jobs and businesses is to do away with what has been driving them away: TOO MUCH GOVERNMENT - and its cost.

Prune government back. Consolidate suburbs with their cities . . . and throw in with them all authorities and special districts providing traditional municipal services. Assign specific responsibilities to each level of government that is left over -- and allow no overlap or duplication. End all disconnects between those deciding how to spend money and those having to raise it. . . . and end all the special industrial development efforts that require large expenditures of money.

The time for reform is NOW.

Tuesday, May 12, 2009

I.O.U.S.A. - The Movie . . . .

"One Nation. Under Stress. In Debt."

I was given a DVD of "I.O.U.S.A. - The Movie" and watched it over the weekend. Very well done and entertaining, it was also a frightening and non-partisan exposition of just how much trouble our national leaders have gotten the USA into by spending more than they take in. The movie was originally done last summer before the election, but, unfortunately not in time to prevent the last round of spending of the last administration, or the initial rounds of the new administration.

If you care about the country, and are concerned about its and your own future, you will want to watch this movie. Try to get the DVD . . . but if you can't or don't have the time, watch the 30 minute "byte-sized" version on You-Tube.

You will conclude that POLITICIANS OF BOTH PARTIES DESERVE TO BE TARRED AND FEATHERED!!!

Saturday, May 09, 2009

The Down Side of Sewer Credits . . .

A few days ago, the Observer-Dispatch gave a pretty good overview of operation of the "Sewer Credit," a system whereby new sewer connections will be allowed to the County's Sauquoit Creek Pump Station if five times the amount of new sewage is offset by removal of storm water that periodically floods the system.

The way this is playing out is that the Town of New Hartford, which wants to add new connections for developers, is paying to fix leaking sewers owned by the Village of New York Mills. This benefits New York Mills' residents in that they are being relieved of part of the cost of maintaining their sewer system. The Town would seem to benefit because a roadblock to development would be removed. This scheme is endorsed on today's editorial page.

But there IS a downside . . .

First, the taxpayers in the Town (whether directly through their taxes or indirectly through reallocation of Fees In Lieu of Mitigation) are paying to maintain the Village's pipes, something that they are not responsible for. The "development" ultimately authorized is assumed to benefit the Town taxpayer, but can this be said when the "development" needs police and fire protection, has children that need schooling, and roads that need plowing? More development generates more costs. Any additional taxes recouped get used on these costs. If the "development" is underwritten by a "PILOT" or a "TIF" it may actually be years before the Taxpayers see any contribution toward the increased costs. This sounds like a LOSS to the Town.

Second, development that occurs in the Town might be a disincentive to redevelopment in the Village. While Village leaders might not see vacant parcels in their midst, there, no doubt, are underutilized parcels because VILLAGE POPULATION HAS DROPPED. The Village's "win" might not be that golden.

Lastly, and most importantly, the Sewer Credits encourage sprawl, something that costs the entire region money. Village and City residents have to maintain an infrastructure built to support much larger populations than present while Town residents must build new infrastructure. It just doesn't make sense.

Thursday, May 07, 2009

Those Pernicious Pensions . . .

In May, 2008, the Albany Times Union created a sensation when it revealed that almost 900 people, including state officials convicted of crimes and retired police officers, were receiving $100,000 or more annually in retirement benefits. The following August, the Buffalo News noted that a local school superintendent retired with an annual pension of over $205,000, more than his former pay; that a local math teacher retired with a pension of more than $90,000 per year, about equal to his pay; and that statewide almost 700 teachers and administrators had retired with six-figure pensions. These are the exception rather than the rule; however, to many who are not on the public payroll, and to those who rely exclusively on Social Security, even average government pensions look generous. Newsday recently reported that newly retired teachers state-wide last year received almost a $46,000 pension (almost $72,000 for those with 35 years on the job), police and firefighters about $58,000, and state and local workers almost $25,000.

The reason why everyone is focusing on pensions now is the nation's economic crisis and the state's fiscal crisis. In early March the Associated Press reported Comptroller DiNapoli's estimate that the state's pension fund had lost about 20% of its value last year and that losses were continuing. People who are not on the public payroll expect that they will probably be taxed more to finance government pensions, while watching their own retirement nest-eggs disappear. In fact, they need to know that Article V §7 of the New York State Constitution forbids any diminution or impairment of these pension benefits, while Article VII §8(2) allows benefits to be increased. Article XVI §5 exempts the benefits from state taxes. Pension benefits for existing employees are iron clad. Even before the current crisis, taxpayer costs for public pensions in New York State were rising dramatically: from around one billion dollars in 2000 to 6.7 billion dollars in 2005. If the financial meltdown continues, there is a real chance that basic governmental services will have to be curtailed, while taxes are dramatically increased just to cover pension obligations.

Pension benefits have long been an enticement to public employment. Government employees did not expect to get rich when they joined the public payroll 20 or 30 years ago. They often accepted less pay than their peers in the private sector in return for greater job security, a predictable career path, more time to be with family, health benefits, the satisfaction of doing public good, and a secure retirement. 

Times have changed, however. In our area, most of the better paying jobs in the private sector (excluding health care, which is supported by insurance premiums similar to taxes) have simply vanished, owing to an inability of employers to compete in a national, and later, a global marketplace. The level of taxation necessary to maintain legions of public employees contributed to New York's private employers' inability to compete with those elsewhere. Public employees, however, have been insulated from this competition, protected by laws, rules, and powerful labor unions (some more “effective” than others). A comparison of public school teacher salaries with those in private schools, or with the salaries of government lawyers and engineers having a less powerful union, is a sobering demonstration of how the strongest public employee unions use their political influence to distort the labor market. Now, the better-paying jobs are more often the public jobs, but there is no longer a healthy private sector to sustain them.

A big problem with public employee pensions is the manner in which benefits are determined. Usually benefits are calculated as a multiple of the years worked times the average of the highest three years of compensation. While this approach lends itself to prediction of the cost of the pension for those civil servants who follow the typical progression up the career ladder, there are simply too may ways for some to artificially inflate their “high three” years far above what their careers would justify. 

For example, the Buffalo area superintendent mentioned above seldom took vacation and sick time. The pension rules applicable to him allowed him to cash in literally hundreds of days of leave during his last year on the job, inflating his final salary to almost $534,000. The Buffalo News calculated that this added almost $53,000 to his annual pension benefit, allowing him to retire on a pension that was bigger than his salary. Had he simply collected the value of the leave by remaining on the payroll longer in leave status, no increase in pension would have occurred. 

Those who can control their overtime are also in a position to inflate their “high three.” Stories of police officers doing things of little value such as washing police cars to burn overtime have been urban legends for years. Teachers have been suspected of inventing after school clubs and activities to obtain advisor stipends that increase base pay. While school boards consider the immediate annual cost in their budget when the club is in operation, they often fail to consider whether or not the timing of the stipend will result in a permanent increase to the teacher's pension.

Employees, even part time employees, who have political connections can sometimes use them to get themselves appointed to positions paying far above their normal pay. It only takes 2 or 3 years in a political position to significantly increase a retirement benefit for the rest of one's life.

Recently the Town of New Hartford approved a payout of almost $72,000 for several years of alleged back overtime to a bookkeeper who, according to Town Board minutes, was originally hired as an “exempt” employee (a category not usually eligible for overtime). This person's 2008 pay zoomed from $50-something thousand to about $128,000, due to the overtime payment. Did the Town Board consider the probable long-term cost of this “one shot” deal to the taxpayers for pension benefits? Could the payout have been structured to take place over time to avoid pension consequences? There is no evidence that these considerations were even on the Board's radar screen.

Employees, who engage in these “inflation” techniques, feel that they are entitled to the resulting pension benefits because the rules of benefit calculations allow it. Managers that may be in a position to minimize abuses, either do not see conservation of tax dollars as their responsibility, or they are in a position to benefit from the abuse themselves. But are these practices fair to the taxpayers – or fair to other employees who do not engage in them? 

The typical employee who retires has years of contributions into the system, either by him or herself, or by the employer on his or her behalf, at levels commensurate with earnings that gradually increase to the “high three.” Over the years, a substantial amount of contributions would have built up to pay for this person's pension. With an inflated “high three,” however, the money is NOT already in the system. That means that money either must be reallocated to the inflated pension from the contributions made for our typical employee, or the taxpayers must make up the difference. In the case of the superintendent, the $53,000 additional benefits per year for two or three decades of retired life would be a significant burden on the taxpayer. That money could otherwise be used to hire another teacher. The benefit formula, in a sense, allows some to take contributions intended for others. It is easy to see how just a few of these bad apples can threaten the viability of the pension fund or ruin budgeting for years to come.

During the fiscal crises of the '70s and '80s, the state placed new hires into “tiers” with scaled-back benefits. Although the unions argued that it was unfair for two people doing the same job to have different benefits, this was necessitated by the constitutional prohibition on cutting benefits for existing employees. As the economy improved and the value of pension fund investments increased, there was pressure to both increase benefits for those in new tiers as well as to scale back contributions. Around 2000 Gov. Pataki and the State Legislature not only eliminated a requirement for employees to contribute 3% of their salaries into the system after 10 years, they allowed pensions to vest after employees had only 5 years on the job, instead of the 10 years previous. That opened the door for many relatively short-term political appointees to obtain long-term benefits from the pension system – another form of political patronage. Once increased benefits are given, the constitution prevents them from being cut. 

What can be done to control pension costs? One thing proposed by Governor Paterson is the creation of another retirement tier, Tier V, that will increase retirement age to 62 from 55, require employees to contribute 3% of their pay throughout their employment, return pension vesting to 10 years, and eliminate overtime when calculating pensions. Unions will scream “unfair,” but what is going on now is unfair. These changes, however, will only apply to new employees.

For existing employees, our public leaders need to keep pension benefits on their mind when taking any action that involves personnel. For example, was overtime and the impact on pension benefits ever considered when Utica decided to go into the ambulance business – or considered in the latest police contract? Overtime needs to be carefully regulated. Payouts for accumulated leave or other benefits need to be structured over a period of time to avoid a pension impact. 

Pension costs are posing great peril for the taxpayers. The public needs to be aware of the problem and demand that it be brought under control.

[This article was originally published in the April, 2009 "Utica Phoenix." Be sure to pick up this month's "Phoenix" to read "What is the Fix for Upstate" ... available now in a newsrack near you.]

Wednesday, May 06, 2009

Partisan Potshots . . .

Sen. Griffo has joined other Senate Republicans in taking potshots at Gov. Patterson's proposed changes to the Empire Zone program. They are Phony Fiscal Conservatives.

The public recognizes the Empire Zone program as being rife with abuses and an outright failure at being a job producer. If Mr. Griffo et al aren't going to push to simply end the program all together, the least they can do is support Gov. Patterson's proposals to curb it.

Police Expansion ... For What?

Per the OD, "City police might use Washington Courts building."

OK, let me get this straight ... The city's population has been cut in half . . . Substations have been, understandably, opened on Varick and James Streets because of specific neighborhood problems . . . But the police still need to expand into another new location?

Sorry, but the need is not apparent . . . Taxpayer dollars need to be conserved. Furthermore, locating a police facility in a prime area that is ripe for redevelopment does not seem to be a good marketing move.

Monday, May 04, 2009

Put The Students First . . .

Per today's OD, New York Mills is considering raising the mandatory school attendance age to 17 from the current 16. Supt. Houghton hopes this will get more kids to graduate.

Encouraging more students to graduate is certainly a good thing. The High School Diploma undoubtedly is the ticket that will open many doors in the job market . . . Employers often won't look at prospective employees without one, because they presume that the diploma represents a certain level of competency.

But competency is JUST A PRESUMPTION. How many times have you heard stories about high school and even college graduates who cannot perform basic math or writing tasks? This has become a too common experience for many.

Now NYM wants to force students who would otherwise drop out to stay an extra year. . . . Will it be an extra year of knowledge? . . . or an extra year of group activities? . . . or maybe an extra year of indoctrination? Other than an admission ticket to potential job interviews, what exactly will the student get out of an extra year of school --- and is it worth staying for?

The student is actually in the best position to answer this question because he or she is living the school experience day to day. Sixteen was always thought to be the age where students were capable of making such decisions. Are NYM students different from students elsewhere? Is the school district saying that 16 year old students in NYM are not capable of deciding for themselves?

Students drop out when they do not see value remaining in school. That, in turn, says something about the school district's performance. . . . and it is the reflection on school performance that seems to be what is motivating Ms. Houghton.

Raise the mandatory school age, decrease the drop out rate, and make the school district look better.

However, students who are effectively held against their will often become disruptive, interfering with other students' education. Students who do not see the value in education may need to be out in the "real world" for awhile to appreciate it. . . . and when they do, they will work that much harder when they come back for their GED and actually learn something. Some students learn better outside of the public school system.

NYM should think less about raising the mandatory age, and more about what may be driving its drop out rate.

Put the students, not the school district's reputation, first.

Sunday, May 03, 2009

What's The Point . . .

. . . to what will be a series of articles in the O-D about Utica's "Sin City" days?

Bean, the Haverford College dean of academic affairs, said the national focus on Utica was harmful to the city’s economy, just as it was rebounding from the loss of textile mills

“Certainly, ignoring wrong-doing is not acceptable no matter what is at stake, but dragging Utica into the center of the national spotlight was unnecessary, disproportionate (because other places deserved to be pilloried, as well) and lastingly injurious,” Bean said. “I think that casts an unfortunate, irreversible shadow over the achievement that was the awarding of the Pulitzer.”

People on the street have long felt that the Observer-Dispatch has been instrumental in Utica's decline, and the statement above corroborates this belief.

If the reporting then was "lastingly injurious" to Utica's economy, why is the Observer-Dispatch dredging up all this old material now, when it is no longer news . . . or relevant?

What motivates the Observer-Dispatch's periodic dredging up of Utica's mob-plagued past?  We were just "treated" to this bullcrap last September. Is it Ethnic bias? Anti-Utica bias?

Perhaps the series of articles about Utica's past is intended to distract from, and the statement above is an excuse for, not exposing what is going on in New Hartford and Oneida County.  Or perhaps the O-D is simply being lazy, repackaging an old product, content to stake it's current reputation on 50-year-old laurels -- which are starting to stink.

Whatever the O-D's purpose, it fans the prejudices of the past, preserves the status quo of the present, and gets in the way of moving forward with Greater Utica's future.

Sunday, April 26, 2009

The Few, and the Rich . . .

... At least that is what the end result will be if current trends continue, based on today's OD article "Fewer people, pricier homes in N. Hartford."

“We’ve got to make room in our community for people in the moderate income range,” Planning Board Chairman Jerome Donovan said. . . .

Donovan said he’s hoping the report will foster new zoning laws and other policies that allow for some smaller, less expensive building lots, and even provide for more mixed-use areas with apartments and storefronts.

Smaller lots? Mixed-use areas with apartments and storefronts? That's starting to sound like . . . Utica(!) . . . or the Village of New Hartford . . . or the Village of New York Mills . . . ALL of which are seeing population loss with vacancies in their smaller-lot, mixed-use neighborhoods.

Rolf Pendall of Cornell University, who specializes in regional planning, said it is possible for governments to foster diversity through zoning laws.

Smaller building lots and more areas designated for duplexes or apartments could help, he said.

“It will help build a stronger region,” he said, pointing to New Hartford’s good schools. New Hartford routinely shows up on lists of the nation’s top schools.

Allowing students of different types of backgrounds to receive such a quality education would be a plus for everyone, Pendall said.

It's nice to see the OD finally talking to Mr. Pendall . . . But the OD editors and reporters need to read and digest his paper "Sprawl Without Growth: The Upstate Paradox" to fully comprehend our local situation.

Our dwindling regional population is still sprawling, raising the cost of government. Trying to intentionally create more affordable housing or diversity in New Hartford by manipulating the zoning ordinances will not stop sprawl. New Hartford leaders still confuse sprawl with growth because they can only deal with what is within the boundaries of their Town.

Our organization of municipal governments has contributed to sprawl. They are simply too small in an age were almost everyone has an automobile. When the wealthy move to New Hartford to get their larger lots, they take their taxes with them, leaving the municipality left behind (whether Utica or one of the Villages) poorer, and less able to support its infrastructure. Meanwhile, Town of New Hartford taxpayers must build and support new infrastructure for the new developments.

Taxpayers on both ends of the move lose.

If both ends of the move were within the same municipality, then more taxes would be available to clear, prepare, and make attractive some of the older, left-behind areas for new uses (such as business parks, retail centers, fancy condos, or middle class housing). That would reduce pressure to build in the suburbs in orchards and on farm land, reuse precious public infrastructure, reduce sprawl, and arrange our population and activities in a manner where services could be delivered more efficiently and at a lower cost -- producing lower taxes. Lower taxes, in turn, might attract people into the region, or allow more of our children to stay, producing some real growth.

People rightly fear big government, believing that smaller jurisdictions give them more control over their well-being. But there is such a thing as being too small.

People in Utica and New Hartford need to have a voice in what goes on on both sides of their municipal boundary to effectively deal with sprawl, crime, pollution, storm water, and a myriad of other issues.

The public should ask itself: Why does that municipal boundary continue to exist?

Think about the answer to that question long enough, and we might learn some things about ourselves that we would not want to admit.

Thursday, April 23, 2009

A SLAPP In New Hartford???

The OD reports tonight that New Hartford is considering filing a civil lawsuit -- discussed at a Town Board meeting in executive session this week. Although officials refused to reveal the target(s) of the potential lawsuit, the article mentions that the co-founders of Concerned Citizens for Honest and Open Government had found themselves locked out of Board meetings and that one of them had been accused by the Town Supervisor of screaming at a town employee. The juxtaposition of this information suggests that Mr. Wiatr and Ms. Lawrence may be the Town's targets.

While the Town alleges that employees have been intimidated, the Town admitted in an earlier OD article that "public safety was not in jeopardy." It is clear from Ms. Lawrence's blogpost "Using Scare Tactics," however, that it was she who felt intimidated.

Concerned Citizens has been in the forefront of getting New Hartford information out to the taxpayers and voters and exposing the workings of Town government, sometimes with embarrassing effectiveness. They forced public votes on issues that the Town Board rubber-stamped when they had a petition drive that successfully placed several bonding proposals on the ballot. They used legal processes when necessary to get the Town to "do the right thing," such as when they filed a Notice of Claim against the Stormwater Group, which forced its meetings to be opened to the public after a year behind closed doors.

In sum, Concerned Citizens has been a royal pain in New Hartford's governmental butt. . . But they were clearly working for the people, not themselves, because there is no personal gain from their activities.

The same cannot be said for Town Government. Meetings continue to be held behind closed doors, deals that appear to favor private interests continue to be made . . . and now retaliation may be in the offing.

If the Town files suit against these individuals, it would be a SLAPP -- A Strategic Lawsuit Against Public Participation -- per Wikipedia:
. . . a lawsuit that is intended to intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Winning the lawsuit is not necessarily the intent of the person filing the SLAPP. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate.

According to New York Supreme Court Judge J. Nicholas Colabella, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."
Is that what the Town of New Hartford is proposing to do? That would not be just a SLAPP against Concerned Citizens, it would be a slap against every Town resident.


4/24/09 Update: Looks like Concerned Citizens won't be backed down.

Tuesday, April 21, 2009

School Choice . . .

An OD editorial to agree with: Our view: More school choices better for everyone supports the idea of a charter school in the area that is being proposed by Dr. Anthony-Lopez Williams to integrate education therapy for students with special needs or behavior issues.  The response from the Utica Public Schools, of course, is to oppose it because money would be taken out of the public school system budget and put into the charter school.

The basic concept of charter schools should raise taxpayers'concerns because their duly elected school boards will be required to fund the charter schools in their areas, but will have no authority to control how that money is spent since charter schools are answerable only to the state.  This sets up the possibility that individuals with good Albany connections will use them to obtain charters to benefit themselves at local taxpayer expense. 

Meanwhile, taxpayer oversight of regular public schools has NOT ensured that taxpayers get value for their dollars.  Public Schools take more money than ever to produce unacceptable results.  This has happened because those with vested interests in public schools (teachers, their unions, administrators, their unions, other school employees, their unions, school architects, school construction firms, textbook publishers, computer manufacturers, and other special interests) have gerryrigged the system with rules, regulations, licensing certificates, PERB, "best practices," "higher" standards, ruberics, etc., that the taxpayers have no effective control.

Charter schools at least will give parents another choice, increasing parental control if not taxpayer control.  

But why stop there?  If a set amount of public dollars were simply made available to parents to spend on educating their children, don't you think that they would seek out the best value for their bucks?  That, in fact, has happened in the District of Columbia, which has some of the worst public schools in the nation, but also has a voucher program giving parents choice.

Of course, the "vested interests" have asserted their power and Congress recently voted to end the program.

It's time for people to demand that their  government serves them rather than the special interests who are profiting.  Demand more school choices.  Demand charter schools.  Demand school vouchers.

Monday, April 20, 2009

Renewing Rutger St.

There is an interesting article in the Utica Daily News that reveals that a Rescue Mission program brings released prison inmates into a Utica neighborhood.

The neighborhood is the area abutting Rutger Park -- a place of historically significant structures, the center of a an ambitious renovation project by the Landmarks Society, and the hope of many in the region as the beginning of a revival of the City of Utica itself.

How will the Rescue Mission's program affect the success of a revival? Apparently significantly. The UDN article reports that there has been a "disinvestment of the neighborhood" and a lot of "transient activity."

What is happening is exactly the opposite of what we want for Utica.

While most would understand the need for halfway houses and facilities to transition former prisoners back into society, there are too many questions in the UDN article that have yet to be answered by public officials. Because of the secretiveness of those responsible, one is left with the impression that the local facility is being used to transition dangerous prisoners who are not from Utica into our local society. This does not benefit Utica.

Who benefits? The Rescue Mission's Form 990 tells us about the organization. It is a good organization, and a needed one. However, it is also one that is run primarily by people who do not live in Utica and are not directly impacted by the organization's activities. The five corporate officers are ALL from New Hartford. The highest paid employees are from Washington Mills (New Hartford), Barneveld, and Deerfield. Of the 7 addresses listed for Board Members, only 3 are in Utica, 2 of which appear to be office addresses rather than residential ones. Perhaps the residences of those running the organization explain the lack of sensitivity to the negative impact that is being caused to Utica.

Those that do public good must also acknowledge when their activities may cause public harm, and either refrain from or relocate those activities that cause harm.

Tuesday, April 14, 2009

Smell the Coffee . . . It's TEA Time . . .

April 15th . . . Time for the Nationwide Tax Day Tea Party! Taxed Enough Already!

They're going to revolt in Rome 4 to 6 PM Wednesday, April 15th at Ft. Stanwix National Monument.

They're going to revolt in Utica 11AM to Noon Thursday, April 16th at the State Office Building.

They're going to revolt all across New York State.

It's time to get back to some basic principles.
  • We don't need the government to run our businesses.
  • We don't need the government to run our lives.
  • We don't need the government to take increasing amounts of our money to give to well-connected cronies.
  • We don't need the government to pick society's winners and losers.
  • We don't need the government to steal the value of our savings by printing more money.
It's time to remind Government that it serves US, not the other way around.

See you at the party!

Saturday, April 11, 2009

Don't Confuse Sprawl with Growth . . .

Five years ago, Rolf Pendall of the Brookings Institution published a paper entitled "Sprawl Without Growth: The Upstate Paradox." It contained some disturbing statistics: Between 1982 and 1997 425,000 acres of Upstate New York became urbanized (a 30 percent increase) while the population grew by only 2.6 percent. Population density of the built up area fell by 21 percent. Cities and Villages were losing people and businesses to the immediately adjoining Towns. For Central New York (the area around Syracuse and Utica/Rome) the story was much worse: 100,000 acres became urbanized while the population fell by 6,500 -- causing a 32 percent decline in population density. You know from your area travels that this trend has continued for the last 12 years. Mr. Pendall warned that "Continued decentralization of people and jobs away from Upstate New York's cities and villages is undermining the economic health and quality of life of the region."

More disturbing statistics were published in December 2008 by the Tax Foundation. Oneida County was 24th on a list of the counties with the highest property taxes in the nation, when calculated as a percentage of home value. With the exception of three counties, all the others higher up on the list were also from Upstate New York.

Are these statistics coincidence? Unlikely. If Upstate New York's urban population spreads itself over a greater area, it will require more roads, sewers, water lines, and police and fire protection to service itself. That costs money, and requires higher taxes and fees. The higher taxes and fees make it more difficult for businesses to make a profit and for people to make ends meet, encouraging them to move out of Upstate to lower-cost places like the Carolinas. People leaving reduces Upstate's population and population density further, which, in a vicious cycle, leaves fewer people to pay for the increased infrastructure requiring even more taxes and fees. Is it any wonder why our local and state governments seem to find themselves in an ever deepening hole?

Have we learned anything since Mr. Pendall's paper was published? Have our local officials seen the light? Apparently not. A county legislator was recently heard on the radio looking for funding to extend water and sewer lines into rural areas, hoping for "growth." Our water authority -- and certain state legislators and local officials -- are still pushing to extend water lines through Whitestown and Westmoreland to Verona to encourage "growth." A year ago Oneida County gave a sales tax exemption for building materials and supplies to a developer to build a 180 unit apartment complex on undeveloped land in Kirkland supposedly to keep local people in the area (as though someone would move out of the region just to have a new house). If you believe the local daily newspaper, the State constructed the new Route 840 to create a corridor for "growth." Certain local officials still think it is appropriate to place another stop light on 840 to promote "growth."

All of these projects or proposals encourage one thing: the location of people and businesses ever further from the centers of population, which are our city and villages. The development that takes place is not growth, but only an illusion of growth, because the regional population continues to decline. What many assume is growth is really "sprawl" -- exactly the phenomenon that Mr. Pendall warned is undermining the economic health and quality of life of our region.

Unfortunately, it is not only our public officials who have mistaken sprawl for growth. Recently, voters in New Hartford contributed to more sprawl by approving bonding for improvements to the New Hartford Business Park - a privately owned development. The money will be applied toward road construction, public utility improvements, land acquisition, sidewalks, curbs, gutters, landscaping, etc. Under a scheme cooked up by Mohawk Valley EDGE, the Oneida County Industrial Development Agency (OCIDA), the Town of New Hartford and the New Hartford Central School District, payments in lieu of County, School, and Town taxes will not be remitted to those taxing authorities for use in their general budgets, but, instead, will be used to pay off the bonds. Assuming everything goes according to plan, the payments in lieu of taxes will cover the cost of the bonding.

Doesn't this scheme sound like your being able to direct your property taxes into improvement of your own property instead of shouldering your fair share of government costs? Clearly the developer is being given a subsidy by the taxpayers -- including taxpayers outside of New Hartford -- that will encourage development of formerly undeveloped land. Development at this location will require extension of police and fire protection, maintenance of water and sewer lines and roads, and other services, increasing taxpayer and rate payer costs.

Supposedly the development will save jobs at The Hartford Insurance Company, but a close examination of the agreement reveals a commitment to maintain fewer jobs than are presently there, for fewer working hours, and only for a limited period of time. Instead of the manufacturing facilities that were originally promised when the Town first proposed the business park, what is being built now is simply more offices and a hotel -- things that the region already has plenty of.

A recent study ("An Assessment of the Effectiveness and Fiscal Impacts of the Use of Local Development Incentives in the St. Louis Region" by the East-West Gateway Council of Governments) concluded that public financial incentives such as those being used at the New Hartford Business Park primarily act to redistribute spending and taxes. "While distribution effects might yield broader economic benefits when used to redevelop economically distressed communities, when incentives are used in healthy and prosperous communities the regional effect may be to destabilize the fiscal health of neighboring areas."

That, in fact, is what has happened locally. There are plenty of vacancies in the Utica Business Park, but EDGE's marketing of properties in Utica is almost unheard of. While New Hartford may be forgiven for being myopic and acting out of self-interest, the involvement of EDGE and OCIDA, to which Utica taxpayers contribute, is inexcusable. Government rather than the market has picked the "winners" by subsidizing one private development over another. What will happen will be simply more of what we have already seen: people and businesses will move out of the population centers to the newly subsidized area.

In an ironic and fitting twist of fate, The Hartford's old offices are being taken over by one of our local hospitals -- a tax exempt entity. So the Town, County and School District will not only have to wait 15 years before taxes flow to them from the New Hartford Business Park, they will immediately lose taxes on the offices that were left behind. This is the lesson of sprawl.

Sprawl must not be confused with growth. Encouraging sprawl is like rearranging deck chairs on the Titanic -- and will result in the same fate.

[This article was originally published in the March, 2009 "Utica Phoenix."
Be sure to pick up the April, 2009 "Utica Phoenix" to read "Pernicious Pensions" --- Now available in a news rack near you]

Saturday, April 04, 2009

Dare We Celebrate?

NYRI quits; Power line project dead.

But what about the next project, and the next one?
NYRI also said it “remains committed to transmission development in New York State,” and that it is “suspending its current participation in the New York Public Service Commission Article VII process.”
This clearly will come up again. . . And if not from NYRI, then, perhaps, from our own New York Power Authority which may dust off some old plans to run a line under the Hudson River to bring Upstate power to NYC.

Per the Utica Daily News version of the story:
Former Utica Mayor Timothy Julian challenges the state legislature to “get off their behinds” and put an energy plan in place with other viable options.

“They have to put an energy plan in place,” Julian said, “so we don’t have to deal with this every so many years.”

Julian is absolutely correct. But even assuming an energy plan is put in place, it will likely be forged from a Downstate perspective given the constituencies who control the state legislature. It would be easy for Downstate to push the business of power generation onto Upstate hillsides and require lines to bring the power to them.

Upstate needs to agitate for the power it needs to control its own fate -- and I'm not talking about electricity.

Friday, April 03, 2009

Corporate Welfare & Municipal Welfare . . .

. . . . paid for by those who can least afford it. That is what we read about in the news today.

We've all seen statistics from time to time that tell us that Herkimer County is one of the poorer places in the country. But what does it do? It gives $2 Million away to a private corporation in a desperate hope to retain jobs. That's about $33 for every man woman and child living in Herkimer County . . . or about three or four meals each (more if you do your own cooking).

Aside from the fact that this donation violates the State Constitution Article VIII, it raises a couple questions. If Herkimer county has to give Remington Arms an incentive to stay here, what does that say about the company? What does that say about the community and the state?

If Herkimer County needs to bribe companies to stay there, then there is something really really wrong. The donation to Union Tools may have delayed, but did not stop, its jobs from being sent to China. It is better for Herkimer County to address the root of the problem than to, in effect, give an aspirin to a dying patient (itself).

- o - 0 - o -

Meanwhile local officials in the Villages of New York Mills and New Hartford are worried about the cost of fixes to their sewer systems. And so are home owners in these places who, apparently, will be required to institute fixes on their own properties by the County Sewer Gestapo. Where does the welfare come from - and who gets the benefit - here?

Assuming arguendo that the municipalities will be required to pay for the fixes within their borders as alleged by the O-D (there has been no sign of that happening so far), it looks like the welfare will come from the residents of the Villages (to fix issues within the villages) and the sewer users in general -- the bulk of whom reside in the City of Utica.

The recipient of the welfare will be the TOWN of New Hartford and Oneida County, because it was the County allowing illegal sewer connections in New Hartford that brought about the entire Consent Order mess. The vast growth in tax base that was nourished by the violation of environmental laws occurred in the Town of New Hartford, which allowed more money to flow into the New Hartford TOWN's coffers, NH School District's coffers, and Oneida County's coffers. Interestingly, these are the same entities who are ripping off the taxpayers to pay for roads in a private development in the New Hartford Business Park.

New Hartford Town's tax base exceeds that of Utica. The Town should be paying for all this.

Wednesday, April 01, 2009

On the Bottom . . . And the Top

Per the O-D, Forbes Magazine confirmed what we already knew: Area at bottom of Forbes list for business -- Taxes cited as an issue.

And the Utica Daily News also confirmed what we already knew: Utica, NY - We Have It All

Greater Utica is a great place to live -- IF you have a decent job. . . which are becoming harder and harder to find.

We also already know that our economic and business problems are all centered on how we govern ourselves -- and the resulting tax burden.

The question is, are we ready to do something about it?