Friday, February 12, 2010

To Err Is Human; To Blog...Divine!

To err is human; to blog...divine! Cathy at NH On-Line responds to my Good and Bad post.
Strike, we feel that Supervisor Tyksinski was as transparent as he needed to be given the circumstances; it really is a town board's prerogative to abolish the commission; input from the public is not required.
Of course this was prerogative and input from the public is not required. It's not required for a lot of things that the Town does. But just because it's not required does not mean that it is not expected. We were promised transparency. We expected transparency. We did not get transparency.
Supervisor Tyksinski could have discussed the topic during executive session and then merely come out of executive session to adopt the resolution after the public left . . .

Oh really? And under what provision of the Open Meetings Law would such a discussion in executive session have fallen?
[He] even gave people in attendance a chance to speak. Actually, since this was not a public hearing, he didn't really even need to acknowledge comments from the audience; but he did.

Wow! Perhaps we should be impressed with his magnanimity. But what good does it do for the public to have an opportunity to speak when it had almost no notice that this issue was even being considered?
No, Strike, the decision needed to be made last night so the town can move forward.
No decision "needed to be made last night." The Police Commission was created over 20 years ago for certain reasons. Obviously no one bothered revisit those reasons because there was no time to research them. Since the decision was made this week without knowing those facts, and without time to reflect upon them, the Town Board cannot have known if it is just trading a present problem for a past one. In trying to "move forward," the Town may have stepped back 20 years.
Obviously, for too many years, the fox have been guarding the hen house. That came to an end at last night's town board meeting. Now we will truly have transparency when it comes to the Police Department because the people in charge will have to answer to the people that pay the bills.
And on the above, Cathy and I can agree!

The Prisoners Among Us . . .

An eye-opening article was posted in the Sentinel a few days ago: Prisoners are 2 percent of Oneida County population . From figures presented in the same article, prisoners make up over 6.5% of the population of Rome and . . . 

Almost 29% of the Town of Marcy!

Is this really the direction that we want to travel?

Thursday, February 11, 2010

The Good and the Bad ...

The Good: New Hartford Town Board eliminates Police Commission.

The Police Commission was too "in bed" with the Police Department to be effective as a watchdog . . . with out of control costs and the commitment of Town resources via agreements with private businesses the result. The Commission had to go.

The Bad: New Hartford Town Board eliminates Police Commission with no advanced notice or opportunity for public input.

So much for the new "transparency" that was promised.

Monday, February 08, 2010

A Bite Out of the Budget . . .

Per the OD: Dentists sink their teeth into new dental program for children .
A child sits in the dentist's chair when ...
a magician walked into the room and showed Thomas how he can turn a red ball black and how to turn torn up paper into a solid piece of paper.

A smile then came across the youngster’s face when asked again whether he liked going to the dentist. . . .

The program was made possible part of a Preventative Dentistry grant given to Faxton-St. Luke’s from the New York State Department of Health.
Children don't need to be entertained to go to the dentist . . . and taking care of teeth is the family's responsibility ... not the state's.

The state should take care of its own responsibilities... not ours... Take a bite out of the state budget (and get the government out of our hair) by eliminating such nanny programs.

Sunday, February 07, 2010

Knowingly Permitting Pollution . . .

From New Hartford Online Blog: "It seems we've heard this song before" . . . The song was an "oldie" but not a "goodie." The post makes clear that both the County and the Town knew of the problems with their sewers at least 10 years before the Consent Order was signed but did nothing.

But the situation is worse than just dilly-dallying on solving a problem. Per a 3/20/1997 letter from DEC to the Town planner:
The connection of yet another 141 dwelling units (Applewood) to the wastewater system tributary to the Oneida County Sewer District's Sauquoit Creek Pumping Station will continue to compound the severity of the wet weather flow condition at the station.
Translation: Government knew it was permitting an increase in the amount of sanitary waste being dumped into the river when it allowed new developments to connect to the system.

Why were the new connections allowed when it was known that the system could not properly handle the additional waste?

Answer that question and you will know who is responsible for our sewer mess and who should pay to fix it.

Friday, February 05, 2010

N. H.'s Concrete Shoes & Blues . . .

From the OD: Firm closing, Madden Concrete owner blames town policies
One of the businesses on Campion Road, a major gateway to the town, is closing its doors. Madden Concrete and Masonry Supply is for sale. . . .

. . . But Madden also slammed New Hartford officials for failing to keep development going so construction-oriented businesses like his could survive.

“Town government destroyed development in New Hartford with restrictions and taxes,” he said. “Inept government really took for granted that no matter what the Planning Board requirements were that New Hartford was somehow blessed to the point that development would continue no matter what.”

This guy makes it sound like N. H. put concrete shoes on his business!

While I agree with Mr. Madden that taxes are a big problem, I disagree that it is a Town function to "to keep development going so construction-oriented businesses like his could survive." This reveals a sense of entitlement among some NH elite that government must be run in a way that suits their needs, while those of everyone else can go to hell.

The problem with New Hartford is that for many years it DID try "to keep development going". This created the need for more public infrastructure and services that town residents -- including Mr. Madden -- can no longer afford to pay for with taxes.

New Hartford's policies that favored development and certain businesses ultimately created the need for taxation that will kill both.

Wednesday, February 03, 2010

Delta Dam Electricity for the City

For the City of Watervliet that is . . .

Watervliet has applied to the Federal Energy Regulatory Commission (FERC) to build what it estimates will be an $8 million plant. It has applied to the state for $12.5 million in federal stimulus money, but there has been no action on the request yet, according to Gleason.

The project would include the existing 1,016-foot long, 76-foot high dam owned by the state Canal Corp., Lake Delta’s existing 2,700-acre impoundment, a proposed powerhouse containing two generators with a total capacity of 5 megawatts, a proposed 1,000-foot long, 13.2-kilovolt underground generator lead, and appurtenant facilities.

The capacity of 5 megawatts is the maximum amount of energy that can be generated at any one time. That’s enough to power 5,000 homes.

Isn't it embarrassing that Rome isn't doing this? Or Oneida County??

Tuesday, February 02, 2010

Where is Utica's NYS-Sponsored Business Campus?

If you've traveled to Albany to do business with the State, chances are at one time or another you found yourself on what is called the "Harriman Campus" -- an area of spaced out state office buildings in the western part of the city. Those buildings have become old and the campus has become old. But as the Albany Business Journal points out, things are changing:

State releases Columbia Development plans for Harriman campus
The state is targeting 140 of the Harriman campus’ 330 acres for redevelopment; the remainder will continue to be used by state agencies that employ 7,300 people.
Among the redevelopment plans:

• up to 700,000 square feet of new private-sector office space and R&D facilities, along with renovations to existing campus buildings for private-sector tenants

• a hotel with at least 110 rooms, a restaurant and banquet facility and up to 40,000 square feet of meeting and conference space. The site would have room for an expansion adding up to 90 more rooms and up to a 50 percent increase in meeting space.

• 80 to 100 units of upscale townhouses and condominiums

• 20 acres to be sold to the University at Albany

• two locations for retail stores

Utica has a "state campus" of aging buildings of sorts in West Utica: The old Utica (now Central New York) Psychiatric Center.

At one time this campus was a major jobs center - - - and it anchored the entire West Utica neighborhood. However, following deinstitutionalization of many patients there, many jobs evaporated. In a mini-version of urban sprawl, large older buildings became abandoned while smaller buildings (with fewer jobs) were constructed on vacant parcels.

But the campus in general looks like a disaster. Buildings have broken windows or are boarded up. The multistory imposing Brigham Building sits vacant, deteriorating. And all this has had a direct impact on West Utica. The neighborhood now looks like the state campus. . . . deteriorating.

The city has sat idly by for 30 years while this went on. That has to change. And the state needs to clean up its act.

If the state can come up with a plan for mixing private facilities with the state facilities in Albany it can do the same here. The Brigham Building looks like it could be reused. . . . offices? nursing home? condos? Some of the other buildings have interesting architectural details and may be reusable as well. And there is a lot of vacant land.

Redevelopment of the Utica Psych campus could return jobs to the neighborhood and stabilize it.

But Utica must demand it.

Sunday, January 31, 2010

Was Something Other Than Planning Going On? . . .

Per Today's OD: New Hartford growth plan on life support - Majority of Town Board against 5-acre lot proposal.
After almost three years and $355,000 spent, the town might walk away from a study outlining growth patterns for the southern portion of New Hartford. . . .
. . . But at least three members have already come out against its key proposal: a 5-acre average lot size.
Former Planning Board Chairman Jerome Donovan, who served through the end of 2009, slammed the Town Board members for backing away from “a legitimate planning study with sound recommendations.”

“To do nothing would be an example of government ineptness and a monumental waste of town and county tax dollars,” he said. Oneida County paid $150,000 of the cost of the study, Donovan said.
Really? If it is apparent that the study is not "legitimate" and apparent that the recommendations are not "sound," then, yes, we do have "a monumental waste of town and county tax dollars" ... and the Town Board should have nothing to do with it. (How did the County get involved? Is the County contributing to Utica's Master Plan? Did it contribute to Whitestown's plan? But I digress . . .)

Whether or not the study is "legitimate" can be a matter of opinion, but if the town's population
feels it was left out of the planning process (i.e., not merely invited to chime agreement with the consultants and/or their handlers) then the study may be considered not "legitimate."

"Legitimacy" can also be a matter of "truth in labeling." The "Generic Environmental Impact Statement" looked more like a proposed land use plan than a determination of environmental impacts. Usually a plan comes first, then an impact statement -- not both at the same time.

From the Revised Draft Generic Environmental Impact Statement:
The purpose of the GEIS is to develop a growth management design plan consistent with the conceptual plan of the 2007 Comprehensive Plan, to conduct an environmental review of the implementation of the Design Plan for the southern area, and to identify the infrastructure changes that are necessary to implement the Design Plan. [§1.3]
This begs the question: Where is the "Design Plan" for the southern area? Reading the document (and there not being a separate document labeled "Design Plan") makes it clear that what is labeled the GEIS is the Design Plan. But with two different concepts (a plan vs an impact statement) combined in one document, it is confusing for the public when they are invited to comment. Are they supposed to comment on environmental impacts? Or on the elements of the design?

One of the "workshops" held for the public to identify environmental impacts left the distinct impression that the consultants were really looking for statements that could be cited to support parts of a plan. They reacted favorably when someone mentioned wanting a "trail system" -- which would be an element of a design plan, not an environmental impact. However, they reacted unfavorably when asked what the proposed project that would create the impacts might be. When asked if the project was a "design plan" they seemed to do everything to avoid answering the question. Here's more:
The purpose of the GEIS is to develop a plan for the Study Area to concentrate development in the hamlets, thus helping the community identify strategies it can use to preserve the character of the community, prevent sprawl and to determine the impacts of the Town’s decisions about future land uses in the Study Area. [§2.1]
This begs the question: Who decided that development was to be concentrated in the hamlets? Was it the consultant? Or was it some town official who thought it might be a good idea? I don't necessarily disagree with this idea, but it is disingenuous to go through a public meeting process to give an impression that this idea came from or was supported by the public. But the process did seem disingenuous. . . .
The Stormwater Group has determined that the best way to manage future stormwater impacts is to limit development in the upland areas to large lot sizes with minimal building and surface coverages. [2.4.4]
The Stormwater Group never made a determination of the "best way" to manage anything. The 5-acre requirement was another one of those ideas that was pre-conceived, presented, and reacted-to by the group, with the reaction somehow morphing in the GEIS into a determination that this was the "best way" without the group being offered alternatives.

As far as the "sound" recommendations mentioned by the former Planning Board Chairman, let's get back to the OD article and focus on that 5-acre proposal since that is what has generated the most opposition and is an example of why this plan must be rejected.
. . . many residents had said they wanted the town to solve the stormwater runoff problems that were plaguing their neighborhoods. The 5-acre plan would prevent the problem from getting worse, Donovan said.
How so? You don't have to be an environmental scientist to know that five acre lawns will generate a lot more runoff if they replace 5 acres of woodland.
. . .many residents said they wanted to preserve the rural character of the southern part of the town. Residents were worried that large subdivisions could burden town roads and reduce open space in New Hartford.

Donovan points to that finding as a key impetus for the 5-acre plan.
But zoning an area as agricultural would do a much better job of preserving the town's rural character than a 5-acre rule. Manicured lawns don't look like rural fields.

If subdivisions are limited to 5 acre lots, isn't that what Wikipedia would call "exclusionary zoning?" . . .i.e., "measures that appear to impose unnecessary or unjustifiable costs or requirements facially or by execution excluding various groups of ‘undesirables.'"

Is that what is intended here? If the 5-acre requirement does not guarantee runoff control or preservation of "rural" character, what does it guarantee?

What else is in the plan? Compare the Chadwicks Hamlet "Design Concept" [Fig 2.5-11] with what is on the ground now (via Google Earth) . . .




The Brookside Mobile Manor will be replaced by "Storm Water Management Ponds/Wetlands." Is this the only possible place for the pond/wetland? Is it really necessary to place a water feature where people are living? Why would the pond/wetland be needed if nearby development is properly controlled? Are the people living there asking to be moved? Or is their presence "undesirable?" The GEIS discusses the situation and how the Town should have a plan for the displaced residents . . . but will the plan be like the non-existent mitigation plans that the Town elsewhere collected Fees In Lieu of Mitigation money for?

To be fair (and maybe I'm not being fair) there are some good concepts in the GEIS, but the way it was developed and the way it unfolded raises the question:

Is this the vision of the Town's residents, or only that of a selected few that controlled the process?


The Town Board needs to answer that question before going any further with it.

Friday, January 29, 2010

Wasting More Money . . .

[From the New York Nonsense Department]

Assemblyman Townsend asks Governor to re-think plan for School Resource Officers
Assemblyman David Townsend says schools in his district would lose 15 resource officers, and he is asking Governor Paterson to re-think his budget cuts and keep state troopers in New York's schools.
Keep STATE TROOPERS in New York Schools? Doesn't Mr. Townsend know that state troopers are the creme-de-la-creme of law enforcement officers -- and command a very high salary?

What is amazing is how this gig ever got started . . . Interaction among some public employee unions, perhaps? Inflating pensions with overtime, perhaps? Let the school districts contract with local police forces (at a lower cost) if need be. School districts get plenty of money from the state anyway.

The Governor is correct on this one and Mr. Townsend is wrong.

Troopers are paid way too much to be assigned to "interact with students."

Too Many Eggs In One Basket?

[From the Oneida County Nonsense Department]

This can't be good: Empire Aero CEO resigns .
Empire Aero President Brian Olsen has resigned, a spokeswoman for Empire’s parent company, IAI North America, said. . .
In November, the company laid off about 88 people from its workforce . . .
Oneida County Executive Anthony Picente said he was concerned about Empire Aero’s stability because the aircraft maintenance industry was being affected by the national economic downturn. . .
Local officials have billed Empire as a key element of the rebirth of Griffiss . . .
Sounds shakey, no?
More than $27 million in county, state and other grant money has been spent on structures now being used by Empire, he said.
That's a lot to spend for one company . . .
Not mentioned is the major money spent on an MVCC aircraft maintenance training facility that is closely associated with EAC.
Also not mentioned is that this is only a portion of what has been spent on an airport that is clearly too big for our needs!
Even if Empire leaves, that money isn’t lost, Picente said.
“It will benefit us no matter who is there,” he said

Yeah? HOW? . . . I see just more empty buildings that the taxpayers have to market and pay to maintain.

- - - -
1/30 update:
Larry Tanoury, Jr. has a lot to say about this.

Hi Speed Nonsense - -

[From the National Nonsense Department]

Looks like the MoVa isn't getting any goodies: Initial high-speed rail funding not headed Utica's way.

While I'm disappointed that the MoVa didn't get a dime, getting excited over hi-speed rail is nonsense. There is no more convenient and reliable way of traveling between Upstate NY cities than the Thruway because (1) you get to leave when YOU want, not when the train is scheduled, (2) you don't have to travel to and from the station, and (3) you don't have to switch travel modes to taxi/bus/car on either end to get to your destination. Any time savings in intercity travel is easily eaten up by the less convenience.

Travel to NYC by train makes sense because a car is a liability and an inconvenience on the NYC end of the trip. . . . but it is much easier to do this from Rensselaer because there are trains leaving every hour or so from there. There are only 2 or 3 a day from Utica. Do the high speed rail advocates really believe that the numbers of trains will be significantly increased? Where is the market study that demonstrates a demand?

Tuesday, January 26, 2010

Revenue Raiser? . . . or Citizen Shakedown?

It's bad enough putting up with the New Hartford Rt 840 and the New York Mills speed traps . . . but at least you are facing a human being when you are ticketed and will be informed immediately of what it was that you allegedly did wrong. You will remember exactly what you had done moments before.

Now, per the Post Standard:
New York drivers might soon be among a growing group being watched -- and ticketed -- by a roadside camera system. Included last week in Gov. David Paterson’s budget proposal is a “revenue action” to deploy 50 cameras on highways to ticket speeders. . . .
How would you like to find out days later in the mail that you allegedly were speeding on such-and-such an occasion? Would you have any recollection of the event? Probably not. . .

Most people are honest, and would pay a ticket if they knew they were speeding . . . but what if you really don't know? Do you assume that the government is correct and pay the ticket? Or do you fight it . . . and take the chance that you might really be wrong?

Odds are you will pay the ticket even though you don't know that you had done anything wrong. This becomes a form of governmental indoctrination . . . If the government says you were wrong, you learn to accept that the government is correct.
Paterson estimates the plan to fine speeders in highway work zones could generate about $174 million over the next three years. But even though the program surfaced in a budget that struggles to close a deficit, the cameras are about safety in highway work zones, not making money, state officials said.
Baloney! This is New York . . .the state that harasses its citizens to the N-th degree with all sorts of taxes, tolls, and fees . . . How does the governor know that $174 million will be raised, unless that is his goal? The state worker-bees will be given their orders and will calibrate their cameras to ensure that the $174 million gets collected. Few will fight it.

Safety measure? No. Citizen Shakedown? Yes.

This idea needs to be stopped . . . Now!

Sunday, January 24, 2010

Overpaid In New Hartford . . .

The Observer Dispatch asks "How much is enough?" when talking pay for New Hartford police. With new contracts pending, the taxpayers, likewise, want this question answered.
The starting salary for New Hartford officers, after they have completed academy, is $41,372. In Whitestown, that number is $32,753 and in Kirkland, it’s $33,400. In Utica, officers in their first year after academy and other training get $42,647.
So NH PBA president Paul Colburn argues . . .
New Hartford is the second busiest department on the area after Utica, he said, and the officers should be paid accordingly. . . .

“We are comparable to Utica.”

Colburn pointed out, New Hartford has lost an officer in the line of duty, just as Utica has.
When NH officers get off the 840 ticket detail and go into troubled Cornhill or West Utica, or deal with gang violence at Proctor on a daily basis, then I would agree that they should be paid at levels comparable to their Utica brothers. . . .but not until then.

The notion that pay should be comparable because because both police departments have tragically lost officers is as preposterous as it is disrespectful to their memories. News accounts indicate that the Utica officer may have been specifically targeted for his police work, while the NH officer may have been in the wrong place at the wrong time due to inexperience in dealing with the type of situation. The memories of both deserve our honor . . . But the situations of the respective tragedies suggest why there should be a difference in pay scales. Utica officers are more experienced with more serious crime.

Experience . . . not seat time . . . and not maintenance of a rent-a-cop company . . . is what the taxpayers should be paying for.

Thursday, January 21, 2010

OD Ethnic Bias? . . .

At least that is the accusation from Mayor Roefaro in today's Utica Daily News.

To some extent, I agree with him. This bias comes through as an Anti-Utica Bias but sometimes is more overtly anti-Italian, as in the OD article about "snickering" over dropped vowels, and OD's seeming fixation on 50 year old "Sin City" events. And, yes, there seems to be a double standard where New Hartford is concerned (although that may finally be changing). The bias is wrong, and it hinders regional progress.

That said, the Mayor cannot convincingly play the "bias" card to cover up the shenanigans over the Labella appointment. The law was violated. Several layers of government and several bureaucrats were complicit.

It's important for the public to know these things and the newspaper's job to report them.

There are plenty Americans of Italian descent in the Utica area that are upset over l'affaire Labella. The mayor's claim of bias to cover up his own lack of accountability is not only irresponsible but is a poor reflection on Utica and others who share his ethnic heritage.

Wednesday, January 20, 2010

Let the Whining Begin. . .

Schools could lose millions in state aid under proposed budget.

Good!

Schools should not be immune to economic misfortune. And school spending must be brought under control.

Even with generous state help, school taxes, even after STAR, have increased dramatically over the years to the point where they have become confiscatory. This drives people and jobs out of New York because they can no longer afford to stay here. Today it is not uncommon for school districts to annually exact more than 2% of the value of real property in taxes -- exceeding a former constitutional limit. Money is spent not on educating students but on lavish sports facilities and school construction projects. The number of administrative positions has ballooned. Nonsense distractions like International Cup Stacking Competitions occur regularly. Busing has become the norm, wasting student time and encouraging urban sprawl. Class sizes have been reduced, requiring the hiring of more teachers to do the same job. Teacher assistants or aides have been added to the mix, further increasing the number of paychecks. There are so many school district paychecks that, in a sense, whole voting blocks have been purchased with taxpayer funds, skewing elections and local policy making toward more government (leaving less for private business). Teacher pay has increased over the past generation at up to twice the rate of other comparably educated public employees with no increase in responsibilities.

It has gone on long enough.

Monday, January 18, 2010

Whitestown Residents Paying for New Hartford's Sewers?

That would seem to be the case based upon this County handout from a Town of New Hartford meeting last week and the per-capita breakdown of sewer repair costs presented here last month.

The handout was made to convince the New Hartford Town Board to sign on to the County's plan. New Hartford is the sole holdout at this point.

What Oneida County is proposing is unusual. It will collect money ($1.05/1,000 gallons of water used) from all sewer users tributary to the Sauquoit Creek pump station, and then use the money to make selective repairs to sewer systems owned by individual suburban municipalities based on what would be of greatest benefit to the County in fulfilling its obligations under the DEC Consent Order. So money collected from, e.g., Whitestown residents could be used to fix sewers owned by the Town of New Hartford.

Whitestown is mentioned here because per-capita its costs ($424) are the least of all the municipalities affected, are clearly less than New Hartford ($1233), yet the Whitestown Town Board has apparently already signed on to this plan. It is unknown what information was presented to the Whitestown board, what, if any, alternatives the board explored for funding repairs to its sewers, and whether the board might have felt pressured by the County and the mention of potential fines of $37,500 per day. All too often members of governing bodies are given partial facts, partial options, told that they must act NOW or the sky will fall, and wind up rubber-stamping a scheme cooked up by "powers that be" that might not be in the best interests of the people that they represent. Here is where a vigilant press is important, but Whitestown, even though it is almost as large as New Hartford in population, gets virtually no coverage. With simply too many governments for one newspaper to cover, Whitestown residents are left in the dark.

To be sure, the handout indicates that the dollar amount to be collected from the Town (in this case New Hartford) will not exceed the principal and interest needed to fix its own sewers plus its share of system improvements. Presumably it is supposed to be the same for Whitestown. But how will this be accomplished? Will Whitestown residents simply stop seeing charges on their water bills when their per capita share of principal and interest has been exceeded? Who will keep track of all this? Does the County have an incentive to do so? In spite of all the information on the County website, there is no model agreement between a municipality and the county specifying how everything will work.

Amazingly, Towns and Villages have apparently authorized the County to place fees on their residents with no written agreements specifying how the County will apply the fees, how the fees will be accounted for, when the fees will stop, etc. The County seems to be saying "Trust us" to do the right thing . . . but with no intermunicipal agreements being voted upon there is nothing for a Town or Village to enforce against the county, to ensure that the county treats residents fairly.

(For a New Hartford perspective check out: "It Just Got a Little More Expensive . . ." on New Hartford Online Blog.)

1/19/10 Update:
New Hartford balks on sewer fee - Other options sought to pay for state-mandated repairs.

New Hartford is exercising "due diligence" by considering other options, rather than being railroaded into accepting the County's solution. Bravo.

Sunday, January 17, 2010

Protecting Privacy . . . or Covering Up Malfeasance?

This little article caught my eye: School district denies request to release video. The OD is trying to view the video of a school bus driver allegedly dropping a student off at the wrong house.
In a letter to the O-D, the district indicated that it believes releasing the video of 11-year-old Michael Polak Jr. would constitute “an unwarranted invasion of personal privacy,” one of several exemptions included in state law.
This is nonsense, as reading the definition of "an unwarranted invasion of personal privacy" in the Freedom of Information Law under §89 subdivision (2) will reveal. Another misused law school districts sometimes cite to withhold video evidence from the public is the Federal Family Educational Rights and Privacy Act (FERPA), arguing that disclosure of a video would be the release of a record with "personally identifying information" about a student because someone might recognize a student.

At some point the public must demand that common sense prevails.

There is nothing private about riding on a public school bus -- or about being dropped off the bus. If the Utica school district calls release of the video of a student getting dropped off an "invasion of personal privacy" then perhaps it should shut down its cable channel because they broadcast videos of students all day.

The public can see through this. The school district could care less about personal privacy. What it is worried about is that the video may show malfeasance and expose the district to liability.

Saturday, January 16, 2010

YOU Just Knew It Made No Sense (2) . . .

But the CORPORATION COUNSEL saw nothing wrong???
Nowhere in a state civil service guidebook is there discussion of different test levels, Utica Corporation Counsel Linda Sullivan Fatata said in defending the actions of the local Civil Service entity.

“I don’t think anybody could foresee this,” Fatata said of this week’s determination by the state Civil Service Commission that LaBella took the wrong exam to become police chief.
Ms. Fatata was probably thinking "I didn't think anybody would notice . . ."

Not to justify what Mayor Roefaro did, but politicians can be expected to look for loopholes through Civil Service laws if they are a roadblock to appointing the people that they trust. That's why we have Civil Service Commissions and Corporation Counsels -- people who are responsible for knowing the law and impartially applying it. If they are looking for ways to get around it, then they are not doing their jobs.
City lawyers will convene next week and decide how to defend the appointment process to the state commission, Fatata said.
But there is no defense. Applying two different tests with different requirements to the same position defies common sense.

The list of people brazenly defending or excusing what was done grows longer and longer, and now reaches the Corporation Counsel's office. . . . revealing ever increasing depths of the corruption that permeates City and County government.

The City Civil Service Commission must go, the County Civil Service Commission must go, and now the Corporation Counsel must go. They are not doing their jobs.

Thursday, January 14, 2010

You Just Knew It Made No Sense . . .

And now your suspicions have been confirmed in the OD: State: LaBella took wrong civil service test for chief spot.
Daniel LaBella is eligible to be police chief … of New York Mills.

But the Utica police chief is not authorized to hold the far more complex city police department position, the state Civil Service Commission determined Wednesday in tentatively rescinding LaBella’s appointment to the job.

Why? Because the close friend of Mayor David Roefaro took the wrong Civil Service exam last winter, one for village-sized police departments, the commission said.
This was blogged about here last June. At the time, it made no sense that the City could choose a chief from either a City test, or a far easier County test, both tests having different prerequisites.

Where was the Utica Civil Service Commission when this was going on?

Per today's OD:
County Personnel Director John Talerico said the city had sought to see police chief candidates from the county list.
“We’ve done it before for different titles for the city,” Talerico said. “I didn’t think anything of it at the time.”
Puh-leese . . . The County knew better . . . Anyone with just a passing familiarity with the Civil Service system knows better.

Quoting myself from last June:
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.
It also involves both levels of government.

- - -
5PM Update:
State says local groups should have recognized wrong test
Someone from either the city or county civil service commissions should have thrown up a red flag about Daniel LaBella’s June appointment as police chief, according to a state spokesman.
Yep . . . That's exactly what I said. Heads at BOTH City and County Civil Service Commissions need to roll. The public is not getting justice from these people.

Wednesday, January 13, 2010

More of the Same . . . .

State focuses on tax credits to create jobs - - -
State officials offer some explanations: The Paterson administration wants to change the way New York businesses get tax breaks amid criticism that the Empire Zone program wastes public money without sufficient return in terms of economic growth.

For Excelsior, there are tax credits for targeted industries – high technology, biotechnology, clean technology, finance and manufacturing.
While tax credits are probably a necessary evil given that other states have similar programs, New York's problem with job creation isn't in its tax credit program . . . It is the way New York does business itself: too expensive, too complicated, too unpredictable.

New York needs to start looking to its competition -- Texas, North Carolina, Tenesee, etc. -- and start bench-marking itself against those states. EG., How does the cost of transportation compare with Tennesee? You can cross TN on a free interstate, but New York charges a toll on its Thruway. That needs to change. Property taxes are probably less than half of ours in North Carolina -- How can New York change that? How does the cost of utilities compare? Why are our costs higher -- especially given our abundance of hydropower?

If New York would make itself only "average" we would be way ahead of where we are now.

Tuesday, January 12, 2010

Catching Up . . .

The Holidays were a needed break for this blog . . . but they did not keep news items from being noticed. Here are some of the things I would have blogged about if there was more time:

OD Character Smears . . . Perhaps someone could clue me in on the reasons for these:

  • Herbert Cully : Mr. Cully is the new Town of New Hartford Attorney. While allegations were made against Mr. Cully's firm, there are no indications whatsoever that Mr. Cully was involved in anything questionable. So why did the OD run the story with the negative headline implicating Mr. Cully? If only the OD had done some investigation of the prior Town Attorney's actions as Town Attorney and/or Republican Chairman, perhaps some of the trouble New Hartford finds itself in could have been avoided. There were certainly plenty of leads . . . specifically that attorney's invoices. . . .but the OD was hand's off. The lack of even-handedness suggests an agenda.
  • Princess Lenska : The OD's latest "Polish Princess" smear was used to criticize the Roefaro Administration's economic development efforts, implying that they are a fairy tale. It is obvious that the OD has it in for this Mayor. . . . and criticizing his policies is fair game and what is expected of a newspaper. But why drag Princess Lenska into this issue? She invested a substantial sum of money in a Utica landmark with plans to turn it into something that would benefit the community. Instead of welcoming her investment the OD questions her authenticity. If the OD was sincerely concerned about Utica's economic development it would have applauded the investment. Again . . .What's the agenda?
    [Regarding the OD and the Princess, please pick up January's Utica Phoenix for some very good articles on this topic.]
Windmills . . .

The OD pushes for windmills but doesn't seem to see their connection to power lines (which OD allegedly opposes). It was sort-of fitting that a few days later we read that NYRI was not giving up on its power line. Of course! . . . How else could the power of windmills reach the market?

New Hartford . . .

The wealthiest community in the area had to borrow to make payroll! WOW.

Anyway, the New Year is off to a good start and there will be plenty to talk about. Thanks for reading.

Sunday, January 10, 2010

HOPEnhagen or HOAXenhagen?

Never have so many people been so duped for so long, and at potentially so great a cost in dollars, lost freedom, and lost national sovereignty, as by those who insist that mankind's production of carbon dioxide (CO2) is causing “global warming” and that lifestyles must change to prevent a catastrophe. While, indeed, mankind has been known to cause ecological problems, global warming is not one of them. Nevertheless, even in the face of mounting evidence that “warming” is nothing but an elaborate hoax, those with an agenda are now going to Copenhagen to commit the U.S. to measures that will likely cost the average family thousands of dollars per year, destroy our economy, surrender a degree of self-governance, and cause unacceptable environmental impacts, all while producing a negligible effect on world temperature.

The theory of global warming is simple. There are certain gases in our atmosphere which let solar energy in but not out, warming the earth much like the glass on a greenhouse warms the greenhouse's interior. CO2 is one of those gases, produced by every living creature that breathes, plant respiration at night, decaying organic matter, forest fires, emission from the earth's interior during volcanic eruptions, and people burning fossil fuels.

Climate is primarily the product of solar radiation and water vapor – easily perceived with the change in seasons as the angles of the sun's rays change, and with the differences in temperature drop between clear and cloudy nights. Water vapor, by far, makes up most of the so-called “greenhouse gases,” and will never be in short supply given that seven-tenths of the earth's surface is covered by water. While the use of fossil fuels may increase atmospheric CO2, the significance of this increase in climate change is questionable because the role of CO2 itself is insignificant when compared with those of water vapor and the sun. Additionally, human activities account for less than 5% of the entire amount of CO2 that is emitted into the atmosphere.

Climate change is real, is part of nature, is documented history, and is something we can discern depending on our age and location. From my recollection (which might not match someone else's), the hot summers of the late '50s and early '60s (remember the drought of '63 and '64?) gave way to the cool summers and cold winters of the '70s and early '80s. The heat came back in the '90s, but seems to be on the wane again in the '00s. History books record the coming and going of the dust bowl in the American Midwest during the 1930s. We learned in school about the Vikings' colonization of Greenland around AD 900 (something that would not be possible in today's cold temperatures) and the eventual abandonment of the colony within a few hundred years as the climate grew colder. The ancient Romans grew wine grapes in England in the first century which was, except for a period around the first millennium, something that was not possible again until recently. Any change in climate during the last 100 years seems insignificant compared to the change experienced by the Vikings – which was long before industrialization.

Geologic history reveals even more dramatic climate changes. About 8,000 years ago, the Northern Hemisphere commenced what has been called the “Climactic Optimum” when temperatures were believed to have been a degree or two warmer than they are now. Not coincidentally, this was when human civilization began to develop. Before that, 18,000 years ago, vast ice sheets covered the Northern Hemisphere. Our area lay beneath 4000 feet of ice, which created our local landscape. The Hudson River carved a great canyon off New York City because sea level then was about 360 feet lower than it is now. A land bridge connected Siberia and North America, providing a migratory path out of Asia for the forerunners of our Native Americans. Mammoths, saber-toothed tigers, and other now-non existent animals walked the earth. Geologists tell us that the ice advanced and retreated four times during the Ice Age. Some geologists believe that we may still be in the Ice Age – that the present is merely a period of retreat – and that the ice will advance upon us again.

In the light of this relatively recent geologic history, is the climate change of the last 100 years significant? The United Nations Intergovernmental Panel on Climate Change (IPCC) has expressed alarm over an approximate 6 inch increase in sea level during the 20th century. Divide the 360 foot increase in sea level since 18,000 years ago by the number of years and you come up with 2 feet per century. Since climactic optimum was 8,000 years ago, divide by 10,000 years and you come up with 43 inches per century. Assuming that humans do affect climate, is it even detectable against the natural background of sweeping climate change?

Observation, human experience, recorded history, and geologic history all suggest that what we see now as climate change is INDISTINGUISHABLE from nature. Only through an alleged “consensus” of scientists, based on computer modeling, is the conclusion drawn that humans are significantly affecting the climate. For the majority of us who are not climate scientists or familiar with the subject area, it comes down to a matter of “trusting the experts.”

Trust, however, is something that must be earned, especially when we are asked to take a substantial reduction in our standard of living. An expert's opinion is only as good as the data it is based upon and the soundness of the logic used to go from the data to the conclusion. Generally, the more data the better the conclusion. Data that does not seem to fit a pattern requires an explanation which can be tested. Soundness of logic is tested against one's own experience, as well as the experience of others. Experience includes use of the scientific method, employing multiple tests with only single variables to see if results are reproducible. A “consensus” of scientists on a conclusion is relevant only where the data and methodology have been made transparent to all. On “global warming,” however, there are simply too many indicators that “trust” is unwarranted.

IPCC has relied heavily on the work of University of Massachusetts professor Michael Mann to justify world-wide control of CO2. Mann used various pieces of data and computer modeling to produce a graph, estimating world-wide temperatures for the past 1,000 years. It looked like a “hockey stick,” showing minimal cooling from 1000 to about 1900, then an abrupt up-tick in temperature to the present, coinciding with industrialization. In 2002 the graph caught the eye of Stephen McIntyre, a Canadian mineral exploration consultant, who had seen similar looking graphs used to attract investors. He suspected that certain pieces of data may have been emphasized over others to produce the graph's distinctive shape. Curious, McIntyre attempted to secure the data from Mann, but its location was allegedly forgotten (red flag). McIntyre discovered that IPCC did not verify Mann's work, nor had anyone else tried to reproduce the results (red flag). McIntyre teamed with Ross McKitrick and even though they eventually secured Mann's data and used his published methods, they were unable to reproduce Mann's results (red flag). They demanded that Mann turn over his computer program, but Mann refused (red flag). They eventually found a program used to process tree-ring data on Mann's computer server. After reviewing its code and plugging in data, McIntyre and McKitrick concluded that Mann had used an improper method because no matter what data was plugged into the program (including random “noise”) the “hockey stick” was the result. How many red flags are required to conclude that the “hockey stick” was nothing more than “GIGO” (Garbage In Garbage Out)? After much difficulty, their work was eventually published in the February 12, 2005 issue of Geophysical Research Letters.

Skeptics are an important part of scientific inquiry because they ask the questions that need to be answered before a theory should acquire general acceptance and legitimacy. Acceptance of the theory of Continental Drift and Sea Floor Spreading (a/k/a Plate Tectonics) looked very different from what is seen now with “warming.” Skepticism was encouraged. Graduate students* would be asked to present the evidence both for and against drift to other students. Eventually, as more and more data came in, the “puzzle pieces” fit the “drift” theory best, and opposition simply went away. The “warming” debate, however, has a distinctly different tone. Contrary data is ignored. “Warmists” insist on no debate. They attempt to marginalize anyone who disagrees with their theory by calling them “deniers” and “idiots.” The tone and ignoring contrary data are more “red flags” that “warming” is not science, but politics.

Recently, the “red flags” were confirmed in news stories out of the U.S. and U.K. that were under-reported in the media. In June, research scientist Alan Carlin, an EPA employee for 38 years, told Fox and Friends that he had authored a report critical of the U.N.'s position on global warming and had warned EPA that it needed to take its own look at the science. EPA officials suppressed his report and directed him not to speak to reporters about it. In November, two EPA lawyers, husband and wife Allan Zabel and Laurie Williams were directed by officials to scrub a personal internet video critical of “cap-and-trade” of any reference to the fact that they had worked at the agency. In late November in the U. K., a hacker (or whistle blower) broke into a server of the University of East Anglia's Central Research Unit and copied and posted on the internet data files containing hundreds of e-mails from a 10-year period among some of the most renowned climate scientists in the world – persons relied upon heavily by the IPCC to support warming. The e-mails revealed their measures to “cook the books” on climate data, discredit the scientists who disagreed with them, marginalize the scientific journals which dared to publish dissenting views, and destroy e-mail evidence of their collusion. What else is needed to prove that “warming” is politics, not science?

“Warming” is also not about saving the planet or its people. If agreements on CO2 emissions are reached in Copenhagen and carried out, the impact to world temperatures will be speculative. However, compliance with an agreement will have clear adverse impacts to the environment. Coal-fired and even gas-fired power plants will likely be decommissioned to be replaced with wind-farms. Windmills are anything but “green” because they require maintaining extremely large tracts of land in a deforested state to implement. What is left of manufacturing operations will be driven to third-world countries, where more development will be allowed. Those countries do not have the environmental protections in place that we have. As reported on 60 Minutes a year ago, we already export discarded electronics to China, allegedly for recycling, but often winding up in poorly managed landfills. There they produce leachate, laced with heavy metals, which is poisoning people living nearby. Copenhagen would result in more of the same. Here at home we will be required to replace relatively inert incandescent light bulbs with supposedly “green” compact fluorescent bulbs. However, those CFLs contain mercury which will end up in landfills that some day will leak, creating poison problems for future generations to deal with.

If “warming” is politics, then what kind of politics is it? In October Lord Monckton warned that the purposes of the Copenhagen treaty were to (1) create a world government and (2) transfer wealth from the West to the Third World. In November Herman Van Rompuy, in accepting his appointment as the first president of the European Union, said in a statement broadcast on the BBC that "2009 is also the first year of global governance with the establishment of the G20 in the middle of the financial crisis. The climate conference in Copenhagen is another step toward the global management of our planet."

* (I was one of them.)

[This article appeared in the December 2009 Utica Phoenix. Be sure to pick up the January 2010 Phoenix to read "The End of the Double Os - The Decade of Broken Promises"]

Thursday, December 31, 2009

Tear Down Walls?

I'll settle for erasing a few boundaries . . .

A couple days ago I thought the OD finally "got it" with its editorial "Revive the hearts of our communities" . . .
If we continue to sprawl without growth, we will continue to dilute the strength of our communities and force services to be provided over a wider area. That’s a recipe for higher taxes, not progress.
Wow . . . I could have written that!

But then we read this the next day: "Tear down walls that separate us". . . .
While our individual towns and villages have many good qualities and can stand alone, we lack the cohesiveness — those little pegs — necessary to build one single, strong community . . .
There is a fallacy in this statement. The individual towns and villages -- at least those in the Greater Utica area -- can NOT stand alone. With modern rules and regulations, these jurisdictions require public water and sewer facilities to support their current growth -- facilities that depend upon the population base in Utica to be economically feasible.

Could New Hartford exist without water and sanitary sewer services? Not in its present form. Could New Hartford afford its own separate water treatment plant and sewer systems? No. New Hartford depends on the population base in Utica to make those services, and it's very existence as a populated area, possible.

The shared water and sewer systems should have been the "little pegs" of cohesiveness to bring New Hartford (and other suburban jurisdictions) together with Utica. Instead, two separate units of government for two separate municipal services (the water authority and part county sewer district) were created to avoid the necessity of the suburban communities merging with Utica.

It is interesting to note that these two "regionalized" systems (one that the OD actively pushed for) are the very ones that now are about to bring the entire Greater Utica region down, the first via a Consent Order that the communities cannot afford, the second via a cap on the water that may be drawn from Hinckley reservoir that will hinder regional regrowth.
We must tear down the walls that separate us and build a sense of region. While many good ideas have been floated through the years by many bright people, we haven’t quite managed to find that one unifying element to knit us together.

We now have the unifying element (thanks to "regionalization"): fiscal ruin.

Now is time for the OD to recognize what is under its nose, and to eliminate its own "parochialism."

Happy New Year.


Sunday, December 20, 2009

Incompetence On Incompetence On Incompetence . . .

The decision is in, and the decision is that the Mohawk Valley Water Authority has had a cap placed on the amount of water it may legally withdraw from the Hinckley Reservoir . . . limited to the area's historic water use circa 1970.

This ultimately is a cap on US, the water users -- the customers of the MVWA -- and the landowners within the area where water pipes have already been laid.

How did this cap come about? It came about by the incompetence of the Water Authority when it violated the very agreement upon which its rights to withdraw water from Hinckley were predicated. How smart was that?

Rather than negotiate a settlement (albeit from an inferior position), MVWA sued to assert its 'rights' . . . rights that any lay person could have figured out did not exist. Had the court based its decision on the agreement itself, we would now all be buying bottled water to drink and melting snow to flush our toilets. But that would create a public health crisis! The decision that ultimately came down was based on "equity" . . . or the fairness of the situation. . . . But, MVWA (us again) would be limited to historical usage. It was incompetence again for MVWA to have sued to get the benefits of an agreement that it itself violated -- and it passed the cost of the law suit (seven figures plus?) on to you its captive customers. Now the area has a numerical limit on the water that it may take, a limit for all the world to see. You can kiss your precious chip-fab fantasy away because such operations require millions of gallons per day. How smart was that?

But the double incompetence, apparently, is not enough for the leadership running the MVWA. Because current usage is down from the historic "high," the MVWA wants to extend water lines to service NEW users. Now what does that mean for former industrial sites in Utica, New York Mills, New Hartford, Oriskany, Whitesboro and elsewhere . . . that they can no longer be used by industries that may require water? . . . because the MVWA feels that the water should be sent to new users elsewhere? How smart is that?

Incompetence on Incompetence on Incompetence . . . . . Or is it really Arrogance?

When will our local leaders admit that it was a huge mistake to create the MVWA? . . . and that it will be a bigger mistake to allow MVWA to continue to exist!

Wednesday, December 16, 2009

New Hartford Planning Board Passed What? Part 2

New Hartford is either in the tank for certain developers, or its officials are dumber or weaker than we thought they were.

In a sidebar to yesterday's OD story, it was reported that the Planning Board approved an expansion of the Jewel Ridge development . . . but not without a warning from newest member Elisabetta DeGironimo:
“We’re deforesting the area on top of a watershed,” she said. “I just worry that the town is letting projects be approved that create storm water problems later.”
Hello ... Is Anybody Listening?

The Planning Board was warned that the project would create problems off-site, but it went ahead and approved it anyway? I'm sorry, but this just defies common sense . . . and demonstrates that officialdom is more concerned about possible legal repercussions from developers than the health and safety of its residents.

Based on Ms. DeGironimo's statement, it appears that the Town is authorizing . . .

A NUISANCE.

Modern environmental law is grounded in the law of nuisance. Essentially, you can enjoy the use of your own property as long as you do not interfere with your neighbor's use of their property. That's a pretty simple concept that even school children understand. If you foolishly denude your hillside and cause runoff to flow onto your neighbor's property, you have interfered with your neighbor's use of his or her property, you have created a nuisance, and you can be enjoined by a court of law to abate it. But why let the situation get that far? Isn't this why we have planning boards? . . . to anticipate problems and place conditions on projects to stop problems from developing?

The Town of New Hartford knows full well that it has fallen down on the job when it comes to protecting its residents from storm water. The runoff problem has become a public nuisance, and has necessitated taxpayer expenditures on solutions . . . solutions that should have been implemented by the developers that caused the problems. But even after passing a $2M stormwater bond and spending hundreds of thousands on culverts, etc., the old pattern of approving developments that will cause problems continues.

If Town Government is unwilling or incapable of protecting its residents, why have it at all?

Tuesday, December 15, 2009

New Hartford Planning Board Passed What?

Development plan passed in New Hartford reads the headline . . .But what is posted on the Town of New Hartford website as the "Final GEIS for Southern Portion of N.H." is not a Final Generic Environmental Impact Statement at all. Rather, it should be called a  "Responsiveness Summary" of the responses to public comments on a Draft Generic Environmental Impact Statement that was published last summer.  We all cannot attend all meetings to be sure what the Town is doing.  It is hard to fathom what NH is doing when it cannot get its basic terminology right. No wonder the Business Park is so screwed up.

That said, there are two things in the OD article that jump out at me.

(1) There seems to be an attitude (a sense of entitlement?) among some town land owners that they should be able to do whatever they want to do with their property.  Farmers complain that they no longer can farm (for whatever reason) and now the only way they can make ends meet is to sell their property to developers. . . . which the town now will restrict somewhat.  While no one likes being restricted, why should the NEIGHBORS of these landowners have to suffer the impacts of development -- particularly storm water runoff -- that occur off the property being developed?  That is a nuisance and interferes with THEIR ownership rights.  Here, with the 5 acre restriction everyone seems to complain about, the Town is only trying to protect its existing residents from the harms associated with development.

(2) Somehow this paves the way for more Fees In Lieu of Mitigation.  However there is nothing in either the "FGEIS" or the DGEIS that gives a formula or methodology for calculating what an appropriate fee is.

More work needs to be done.

 


Sunday, December 13, 2009

A Tale of Two Editorials. . . .

From "GateHouse News Service" . . . Our view: Be smart about local growth pattern
Continuing suburban sprawl not in our best interests.

The New Hartford Business Park could become a case study in how not to promote growth and development.

It is simply shifting local jobs to a new location, not adding jobs to our region.
This editorial "gets it." All we do in this region in the name of "growth" and "development" is "rearrange the deck chairs" shifting economic activity from the city and villages to the suburbs and one suburban location to another while the regional "ship" sinks, losing business, jobs and people to other parts of the country.

From "Observer Dispatch" and NH Planning Board Chairman Jerome Donovan . . . Guest's view: 840 business park access must be a Town Board priority in new year.
. . . we must work to fulfill the potential of the vision we as a town have invested in for nearly two decades. And we must do so using every economic development tool available in concert with private investment.

The town board’s failure to take up the break-in-access resolution continues to unnecessarily delay:

  • Development of the Business Park.
  • Expansion and diversification our tax base.
  • The easing of congestion at area intersections, including the infamous Jay-K intersection.
  • Improving access to Middle Settlement Road from Park View Estates.
  • The creation of new jobs which will strengthen the local economy and support retail sales which generate critically important revenues for the town.
This editorial does NOT "get it." I won't detail why the current business park was never the town's "vision," but, instead, refer interested readers to the 1999 Environmental Impact Statement for what was then proposed to be a town-owned industrial park. The vision then was entirely different from the vision now. This editorial shows how the regional vision has now been lost in the myopia of looking just at New Hartford.

Why should "expansion" of the tax base be an objective of town government when it carries with it the responsibility of expanding and maintaining public infrastructure? With all of the expansion of tax base in New Hartford has come a need to tax residents even more. . . as its residents will discover when tax bills get opened in January. If town government isn't working for its residents, who is it working for?

While easing congestion increases convenience, isn't congestion what comes with a lot of economic activity? When the congestion along Genesee Street in Utica was relieved by the North-South Arterial in the 1960s, what followed? What happened to the economic activity that was there?

As indicated by the first editorial, hoped-for "new jobs" are an illusion and will come from someplace else in the local economy. . . Hold that thought for a moment.

The first editorial pointed out something else:
. . . The age of the automobile led to the spread of growth into suburban communities . . .
While the automobile changed what is "local," our government which was organized on a pre-automobile concept of "local" has not changed. The result has been (not only here, but elsewhere in New York State) suburbs and the cities they economically depend upon making policy decisions that hurt the city-suburban region as a whole. In Upstate, we have what has been documented by the Brookings Institute as one of the worst cases of sprawl in the nation . . . sprawl without growth in population . . . The result is extremely high levels of taxation which drive more people away and create a need for even higher taxes.




New Hartford, Whitestown, and Utica being separate jurisdictions makes about as much sense as east and west Utica being separately governed. If there was a Municipality of Greater Utica instead, somehow I think we would still have an apple orchard in New Hartford . . . or a business park there reserved for manufacturing.

Wednesday, December 09, 2009

Oneida County Sticks It To The Villages . . . and Utica

Oneida County's $158 Million Sewer project has been portrayed by government and media as resolving a problem of too much storm water getting into sewers that now must be removed. With that perspective, few would question the distribution of costs recently published in the local newspaper -- with the communities having the "leakiest" sewers being stuck with the greatest bills. Ignored, however, are the facts that the project was triggered by the County's violation of law; that the violation has exposed local communities to costs, which could have legally been smaller and postponed had no violation occurred; and that the violation enabled the County and certain municipalities to grow their tax bases and incomes "on the cheap." If the County proceeds down its current path on cost sharing with our system of overlapping local governments, the entities that benefited the most from the violation (the County and Town of New Hartford) are going to continue to benefit, while the burden of paying for the project will be passed on to the Villages and the City of Utica.

The table that accompanies this article breaks down costs by jurisdiction, using cost information from an Oct. 10th OD article and an Oct. 8th County press release, plus readily available population information. This table shows what each community would pay, if it is responsible to fix the sewers that it owns. Notice that the Towns' "Cost Per Capita" amounts are significantly less than those of the Villages. Now consider that every Village is also part of a Town. While it is yet undecided how these costs will end up being distributed (everyone is praying for grants), it does not seem unrealistic that Village residents will also be made to pick up the per capita costs of the Town within which they reside. Additionally, the County intends to pass "District Wide" costs on to ALL sewer users, including those living within the affected municipalities listed. The last column shows the "Cumulative Per Capita Cost" of the Consent Order. [Village+Town+"District Wide" or, for Town-only residents, Town+"District Wide"]. The difference between Towns and Villages becomes more pronounced.

It is important to remember that these costs are merely the costs necessary to bring the County's, Towns' and Villages' sewer systems into compliance with the Consent Order. The costs do not include the usual sewer user fees collected to process our wastewater. How did we get into this predicament?

We have to go back to when Utica and the Villages were first settled. People lived so close to each other in the settlements that sewers became necessary to carry both storm water and waste water away to where they could be "harmlessly" discharged to a stream. Sewers were "combined" because both storm and waste water were transported together. Later, when it was discovered that the discharge was not so "harmless," treatment plants were added to the end of the pipe before discharge to remove most of the harmful material. Because storm water was included, treatment plants had to be quite large, but even a large plant would not be able to contend with all the water from a significant storm. "Combined Sewer Overflows" (CSOs) were designed to allow some of the combined waters to discharge directly into the stream, bypassing treatment during storms. This was preferable to having the waters back up into people's basements or having to make treatment plants even bigger to handle large storms. This was deemed acceptable because the overflowed waste was highly diluted with rain water.

Later someone had the idea that, if sanitary waste and storm water were handled by separate pipes, storm water could be discharged directly to the stream and concentrated sanitary waste could be piped directly to the treatment plant without the need for an overflow. If storm water was kept out of the system, treatment plants would not have to be as large. The treatment plant and sewer pipes would be designed to accommodate all the waste for the population to be served, which, unlike the weather, would be predictable. Newer developments followed this model of separate sewers for sanitary waste and storm water. If the system is not designed correctly, or if rainwater gets into the system and there is an overflow, it is called a "Sanitary Sewer Overflow" (SSO). SSOs have been made illegal, not only because, by design, they are not supposed to exist, but because spills of concentrated wastes are harmful.

Our region's sewers consist of both the combined and separated types. Understandably the region's combined sewers are found primarily in Utica and the Villages because they were the first places to be developed. Notably, separated sewers predominate in the Towns where development is more recent. There are many CSOs in Utica, which are reached before waters enter the County system. The City is responsible for taking care of those. The Villages, however, discharge their combined wastes directly to the County interceptor before reaching a CSO. To relieve the system of rainwater from the Villages, the County maintained a CSO in Yorkville.

Federal Law (the Clean Water Act) has allowed CSOs to continue to exist in recognition of the facts that it would be prohibitively expensive for older communities to retrofit their sewer systems to the newer standards, and that when spillages do occur, they are relatively dilute and harmless. The law contemplated that over time CSOs would be subjected to increasingly stringent standards but at a pace that the communities would be able to afford to keep up with. That affordable pace, however, has been interrupted locally by the Consent Order.

Since Utica and the Villages were close to full build-out, most of the newer development -- with separated sewers -- occurred in the Towns. In hindsight, the new developments should not have been allowed to connect to the County's sewer interceptor upstream of the Yorkville CSO. They either should have been put on septic systems (which would mandate less development), or the municipalities that wanted dense development should have financed (expensive) separate lines to carry separated waste to the County interceptor at a point where the Yorkville CSO would be bypassed. Regardless, neither approach was taken. It was much less expensive (and more lucrative for the County and Towns in terms of tax-base development) to allow waste-only lines to simply connect to the County's combined interceptor and CSO.

In 2006, the Federal government noticed all the lines with separated waste from new developments tying into the Yorkville CSO. The lines increased the concentration of waste in overflows during rain events. The Federal government determined that the CSO was really an illegal SSO that needed to be abated and directed the State to take action. The State, in turn, filed charges against the County, which were settled by the Consent Order.

Had the violation not occurred, the Villages would not now be under the Consent Order deadline with threats of fines to tighten their discharges to the Yorkville CSO. They would have been accorded the leniency accorded to other older communities to gradually bring themselves up to tighter standards.

Although Utica is not separately shown on the table, its residents, too, are going to be impacted by the Consent Order through the "District Wide" costs. While Utica residents will pay "only" $735 each given its larger population, they will contribute about 28% of the entire $158 million cost to fix this SUBURBAN problem. However, Utica has its own $152 million project to tighten city-owned CSOs. Even though the County will make Uticans pay to fix a similar problem in the suburbs, there is no offer from the County to help Utica with its problem. The cost of that project combined with the Consent Order will boost Utica's per capita cost to $3,290, which is right up there with the Villages' costs.

Taking a bird's-eye view of the situation, Utica and the Villages are going to be forced by the County through the Consent Order to subsidize suburban growth in the Towns. We have lived with such Town-favoring policies for more than 30 years. They have only accelerated Greater Utica's downward spiral by exacerbating sprawl, raising the cost of government, and driving more people and jobs entirely out of the region.


It is time for a new approach.


[This article appeared in the November 2009 Utica Phoenix. Be sure to pick up the December Phoenix to read "HOPEnhagen or HOAXenhagen"]

Monday, December 07, 2009

Teachers Needing Help?

Fellow blogger Joe Bottini had an interesting Guest Editorial in Sunday's OD: 'Outstanding’ teachers need other help, too.

I'm not too sure of where he is going with this piece other than to complain about the breakdown of society, and how that breakdown interferes with learning in the classroom.

This quote crystallizes my problem with Mr. Bottini's view.
''Kids are super-saturated with lessons that education is not the most important thing. It is screamed at them through TV programming, computer games, print material and the mores of the times. This societal message precludes a child developing a yearning for learning and an attitude of gratitude for it.''
How about the 'super-saturation' that occurs IN SCHOOL that education is not the most important thing? We have 'international cup stacking,' the 'ride for missing children,' the ironic 'honor teachers and education' assembly, meetings with 'community leaders' at the Stanley, 'Pinwheels for Peace,' and a whole host of excuses to interrupt the learning of core subjects. On top of this there is the problem of pullouts for 'special education' students who have to miss academic work for specialized treatment.

And I can think of nothing that puts a damper on a child's "yearning for learning" more than all the group activities that go on in the classroom. Children want to know about how the world works, and they want to know NOW. Forcing them to work with other kids who they know don't know any more than they do isn't viewed as learning because most of the time is spend getting along.

All these things send the message that education is not the most important thing: The Event of the Day (or the Minute) is more important.

Schools and educators need to clean their own houses first before complaining that "society" is getting in the way of learning. Until schools and teachers resume their traditional roles as distributors of knowledge as opposed to being society's "change agents," nothing will change on the education front.

Friday, December 04, 2009

Your World Is About to End . . .

and a "New World Order" is set to emerge ... At least that is the "hope," in some circles, for the Copenhagen climate talks next week.

Don't be blinded by the "science" of climate change . . . Expert opinion is only as good as the data it is based upon . . . and the data has been destroyed.


Copenhagen has nothing to do with protecting the earth, but everything to do with global elitists and transnational corporations making a grab for unimaginable power and wealth through "global governance."

Please pick up the December issue of the Utica Phoenix when it comes out in the next few days for "HOPEnhagen HOAXenhagen" and read about the greatest hoax ever perpetrated upon mankind.

Thursday, December 03, 2009

Fees In Lieu of Mitigation . . .

An interesting guest editorial by Dr. Palumbo appears in today's OD about the fees in lieu of mitigation that the Town of NH has decided to keep: "New Hartford has done developers a tremendous disservice."
When I first read the story that the town of New Hartford will not be returning mitigation fees to developers, I felt very disappointed. This sum of money was money we borrowed in 1998. The money was to help facilitate the construction of the medical building — a dream we had nurtured for many years. . . .
While developers are sometimes painted as the bad guys -- and they can be when they use connections to get things at public expense they are not entitled to -- in many cases they are just people going about their business. In doctor Palumbo's case, a large fee was taken from him purportedly to mitigate environmental impacts from his project. He brings home the fact that in his case, the fee hit him and his family personally.

Presuming that the Town had the statutory authority to take the fee from the doctor in the first place (which does not appear to be the case) the town had an obligation to use the fees for the purposes intended: TO MITIGATE IMPACTS FROM THE DOCTOR'S PROJECT. If not used for that purpose, the town has the obligation to return the fee.

As recently commented upon in this blog, the attorney's letter that the Town is relying upon to keep the fee appears to have been the product of manipulation of the attorney by the Town. Town officials fed the attorney just the "facts" the attorney would need to give Town officials the opinion they wanted. Whatever may have been agreed upon in 1998 with the developer, the Town will do what it wants now. Unfortunately, that attitude from the Town is going to continue into the new administration given Mr. Tyksinski's comment the the fees should not be returned, no matter what the contracts said.

While the title of the editorial remarks that the town has done developers a disservice, the Town has done its PEOPLE a disservice. Not only have they been deprived of the mitigation of impacts intended by the Town's taking of the fee, they have been deprived of the ability to predict what their government will do to them in the future . . . that commitments made will be honored and not discarded by a change in attitude by the people in charge.

One of the biggest incentives to economic growth is maintenance of a stable government. Honoring commitments is a huge part of that. No one wants to invest in an area where an investment can potentially be rendered worthless by the stroke of some bureaucrat's pen.

It is wrong for the town to do something different now than it promised to do a decade ago. It is wrong for the Town to not return fees to Dr. Palumbo . . . Similarly, it was also wrong for the Town to change its position on Prestwick Glen after the project was underway, even though, in hindsight giving that developer a tax brake may have been a mistake.

If you can't trust the word of your government, it's time for a new government. 

There's more on this topic on New Hartford Online.

Wednesday, December 02, 2009

Private Police Deal in NH - 4th Post. . .

It seems like "growing your [taxpayer subsidized] business" may go beyond the confines of the New Hartford Police Department proper. A Letter to the Editor from a retired NHPD Sergeant reveals about the NH 911 Call Center:
The center has grown from handling New Hartford police and fire department calls, expanding over the years to dispatch for three volunteer fire departments, New York Mills Police Department, three highway departments and animal control, as well as handling after-hours calls for the codes, parks and sewer departments.
No problem if these other departments being serviced are all located within the Town of New Hartford . . . but they are not.

Sure, some will promote this as "shared services" . . . which (with reservations) is a good concept . . . but are the monies being paid to New Hartford by the other jurisdictions sufficient to cover the actual overtime, benefits, liability exposure, etc. that these New Hartford employees are burdening New Hartford Taxpayers with for performing work for other jurisdictions?

Or is the 911 call center just another excuse for some employees to rack up lots of overtime to pad pensions.

Sorry if I sound skeptical about the benefits of all this, but after reading about the police department itself, you have to wonder.

"Sharing Services" without consolidation of municipalities is a way to get the taxpayers of one municipality to subsidize another . . . And employees of the subsidizing muni may be only too willing to help because there is something in it for them.