The Hinckley, West Canada Creek Juggling Act . . .

In the middle of last month, a rapid drop in the level of Hinckley Reservoir left a number of boats "high and dry." Per the Herkimer Telegram . . .

On July 16, the state Power Authority was directed by the state Canal Corp. to begin releasing a total of 1,350 cubic feet per second from the reservoir, which made the water level drop around 5 feet overall. . . . 

Shane Mahar, deputy communications director for the Canal Corp., said the water released was to make up for a lack of released water so far in 2015. “Recently, we have been providing compensating flow to Erie Boulevard Hydropower because less water was released out of the reservoir earlier this year at the request of the Mohawk Valley Water Authority,” Mahar said.

By the end of the month, however, the problem had shifted to low water levels in the West Canada Creek below the reservoir.  Assemblyman Marc Butler and campground owner Mike Papp appeared on the WIBX Keeler Show and expressed concern over the lack of water in the West Canada Creek, with Mr. Papp commenting that normal flows at that time of year would be 800 to 1000 cfs, resulting in a creek level about 1 1/2 feet higher than it actually was (listen at about 4:00 in the interview). Further along concerns were expressed over how the creek would be impacted in the future by (1) withdrawals for Nano and (2) withdrawals by MVWA to serve western Oneida County.

Mr. Butler knows this issue better than any other public official in the region. His concerns are well placed and are not about a lack of water resources in the region, but over how those resources are managed.

The lack of a properly functioning Gray dam (destroyed by MVWA in 2002) contributes to the problem with water management, but how much needs to be calculated with reference to particular places, times, and purposes because the nature of the "problem" differs with place, time and purpose.

Hinckley Reservoir was built solely to supply the canal for navigation purposes. Riparian landowners along the West Canada Creek had no legal basis to object to diversion of creek water away from them for navigation purposes because that was always the state's right as sovereign under common law. Fluctuating water levels in both the reservoir and Creek would reflect the needs of the Canal for navigation.

Gray Reservoir existed to negate the impacts of MVWA's withdrawals. Under an old agreement with the State, Gray was supposed to store 120 days worth of water useage by the Utica area, with water to be released into Hinckley during dry weather to replace any water removed. The State originally required Gray to protect itself from claims by riparian landowners of infringement of their property rights because the State had no right to divert water  for non-navigation purposes. 

A couple years ago to settle a lawsuit, the State entered a new agreement with MVWA which removed the water storage requirement and ensured MVWA the right to withdraw about 48 Million Gallons of water per Day (MGD) from Hinckley.   It is believed that the State did this to guarantee enough water for Utica area Nano projects, which were not only a priority for local officials, but for the governor himself. While the new agreement accomplishes this objective, it also exposes the State to liability to riparian property owners for any damages caused by withdrawals for non-navigation purposes.

To avoid being sued, the State must now operate Hinckley to not only supply the canal (its original mission) and ensure MVWA's right to 48MGD (a new mission), but to also mitigate MVWA's withdrawals to the extent necessary to keep riparian owners from suing (Gray's former mission). So far, the power company has successfully sued the state -- which explains the rapid draining of Hinckley in mid-July to make up for power lost to the power company earlier in the season. 

The State will take the path of least resistance in juggling its rights with obligations to others. That juggling act will become ever more difficult as more water is diverted to the MVWA. 
  
Whether or not other riparian landowners have retained sufficient water rights, have sufficient incentive, and have sufficient funds to sue the State themselves remains to be seen.  Suffice it to say that if other owners do nothing, in the future, as more water is diverted to MVWA, the West Canada Creek will more frequently be reduced to only the lowest flow needed to sustain aquatic life.  That will interfere with the Creek's recreational uses.  If other landowners do successfully sue, then the State may have to reduce the water available to its Canal.

Whitestown FD: The Regionalization of Oriskany, Whitesboro Assets

People throw the word "consolidation" around a lot when it comes to local government, implying efficiencies and savings due to so-called economies of scale. Sometimes it works out that way, but other times it does not.

The latest "consolidation" under consideration is consolidation of the Oriskany and Whitesboro Village Fire Departments into a Whitestown Fire District which will serve the entire Town of Whitestown outside the Villages of New York Mills and Yorkville (which Villages decided not to participate in the scheme).   A list of alleged "pros" and short description of how this scheme would work was recently published in the Rome Sentinel. Some things stand out:

A potential decrease in the fire tax. . .

Equality of fire tax within the joint district — all pay the same fire rate. . . .

The new fire district would be run by five commissioners who are to be appointed by the town and village boards.

No doubt costs will be reduced to residents of the Town who live outside of the Villages.  Currently, the Town must negotiate contracts with the Town's Villages (Oriskany, Whitesboro,  NYM and Yorkville) for coverage in areas outside the Villages.  The Villages, which must maintain sufficient equipment to serve their Town "customer," no doubt ensure that their costs are covered during the negotiation process. These costs not only include equipment, but also transporting equipment and men the longer distances to Town locations relative to covering fires "around the corner" in the Villages.  Simply put, the cost to protect spread-out Town territory has to be more per home than the cost in densely developed Villages because greater distances must be traveled.  Town residents currently pay these additional costs associated with their service through the rates negotiated with the Villages.

But negotiations with Oriskany and Whitesboro will be eliminated by this plan. If people in Oriskany and Whitesboro will have an "equality of fire tax within the joint district," if "all pay the same fire rate," then . . .   

THE VILLAGE RESIDENTS WILL BE PICKING UP THE ADDITIONAL COSTS ASSOCIATED WITH SERVICE TO TOWN RESIDENTS.

Voters in Oriskany and Whitesboro, beware.  Your fire assets are being "regionalized."

---------------
Update: Fault Lines: Fire District "Consolidation" . . .

Oneida County Voters: Choice Challenged!

The petitions are in for Oneida County elected positions! However . . .

There are no challengers for county Executive Anthony Picente, Comptroller Joseph Timpano and District Attorney Scott McNamara. And 12 of the 23 Oneida County legislators won’t face a race this fall, either. . . .

Oneida County Democratic Party Chairman Mitch Ford said this could be the year the balance shifts.

But when Democrats challenge only 4 of the 13 (or less than 1/3 of the) Republican incumbent legislators while Republicans challenge 7 out of the 10 (more than 2/3 of the) Democrats, how likely is that?

It actually might be nice to see the balance on the board shifting once in awhile because it would mean that the votes people cast are making a difference, potentially injecting fresh new ideas into local governance.

But where races are uncontested, voting won't make a difference. 

Uncontested elections lead to the conclusion that "the fix is in," discouraging people from voting on election day.

The major party leaders, even when they might like what the opposite party is doing, should be cultivating and encouraging challengers for each office up for re-election, even if only to produce a field of more experienced candidates for future races.

Their not doing so suggests that party leader allegiances may be neither to their parties nor to the voters but to the existing ruling class. . . . and that would be a shame.

The Regional Hospital: Why Downtown? Why Not the Former Psych Center on York?

Ahh, Money!  Lots and Lots of Money!  If it comes in too easily or unexpectedly, there is a tendency to get "crazy"  - to "splurge" --  to spend it quickly without thinking of all the consequences.

We've seen this craziness at the O.C. Airport, where the availability of $10's of millions of Federal dollars caused us to abandon a perfectly good airport for one that has become a costly nightmare to maintain, and an excuse for $10s of millions of additional local taxpayer "investments."

Now we may be seeing craziness again with the proposal of a regional Downtown Hospital due to a surprise "gift" of $300 million from the Cuomo administration. While we should be grateful to Whomever had the Governor's ear after years of the State ignoring us, we should not take leave of our senses when determining how or where to spend the money. . . The sidebar to the OD article gives the politicians' positives of the hospital being located Downtown.

How about the negatives?

1) Removal of multiple parcels of properties from the tax rolls.  Can Utica taxpayers really absorb more loss of taxable properties after about 70 parcels were taken for the Arterial expansion plus more for the Centro "hub" and a new County parking lot?

2) Further disruption of the street grid. To get a large enough parcel, some local streets will have to be discontinued. It will be like a large urban renewal project. Street eliminations will make what remains in Downtown less "pedestrian friendly," less "auto friendly," and, therefore, less likely to be redeveloped by tax-paying private interests.

3) The probability is that locating a large number of hospital employees Downtown will NOT spur private development.  People will go to work, then go home. A large hospital will have its own cafeteria. Did the State Office Building create a "boom" over what was previously in the neighborhood?  Did the new downtown Utica Mutual office spur development? Do you see a lot of private development around St. Luke's Hospital? The answer to all these questions is no.

4) The decreased use of the three current hospital sites.  This is unavoidable no matter where the new hospital is located.  Looking at what has happened in the neighborhood of the last hospital site so treated, the Psych Center on York Street, should give pause to those thinking that the sites to be left behind will not create new sets of problems. It should also make people question whether a $300M "gift" will be worth the disruption.

Regardless, if we must proceed with a Regional Hospital, a Downtown site presents significant risks as noted above.

Another potential site that has been mentioned is the Murnane Field area.  While placing the hospital on what is now a recreation area might decrease impacts to the City's tax base, it would destroy the current use of the site -- a use consistent with the Olmstead vision for Utica's Park System,  a vision that has worked very well for City residents for more than a century.  (Moving Murnane to the Harbor area as some have proposed may fail.  Why was McConnell Field, formerly at the harbor, abandoned?)  Why should Uticans have to give something up to get the $300 million gift?

The good thing is that the politicians seem to agree that the hospital should be in Utica where it would be closest to the center of the regional population.  So is there a Utica location that minimizes negatives and risks? 

The former Psych Center site on York St. between Court and Noyes seems to fill the bill: 

(1) No taxable property will be lost.
(2) The site is large enough, requiring no streets to be discontinued.
(3) No current uses of the site would have to be discontinued.
(4) The site is accessible, being easily reached via the street grid, on existing bus routes,  and only a few blocks from the new Court St. Interchange under construction. (A reopening of the York-Burrstone intersection could improve access.)
(5) The site's new use would be institutional healthcare, which is consistent with the old use.  That makes the site consistent and non-disruptive to the neighborhood which grew up around it.
(6) The blight on the former Psych Center site would be removed.

If there are any negatives to this site what are they? The only impediment would seem to be getting state agencies to give up some turf --  but this would be an easy way for them to off-load the burden of maintaining abandoned facilities.  Are there any other negatives?

Why not the York St. Psych Center site?

Utica Harbor: Living Up to Potential?

They began with the best of intentions. They took old sections of the city that were showing their age, took down what was there, and built new buildings. The idea was to breathe new life into old neighborhoods. . . . The buildings are now the legacy of our leaders of the 1960s and '70s. . . but did the results meet their goal?

Utica produced some notable buildings and public spaces during that era: New City Hall, Clock Tower, Plaza and Parking Garages; Hanna Park (with the now-defunct waterfall); Kennedy Plaza Apts.; State Office Building (with the now-defunct public plaza to the east which sat atop the now-defunct parking garage) and County Office Building.  These visible signs of "progress" (and decay because they could not be maintained) were largely funded by taxpayer dollars.

In spite of the new buildings and public spaces, the hoped-for private investment -- and a renewed vibrancy -- never followed. Stores never occupied the storefronts built facing Columbia Street and the space is now occupied by a medical supply company with trailer trucks often stopping downtown traffic. The 6-story office tower intended to sit atop the garage next to City Hall never materialized. The large parcel of land surrounding the apartment tower attracted a couple of cheap metal buildings that were totally out of character with both old and new neighboring buildings -- but otherwise remained largely empty space (grass or parking lots) even to this day.  The high rise apartment tower, which might have been designed to attract a well-heeled clientele owing to its views, contains "Section 8" housing.  The "renewed" area was and is a far cry from the active, densely developed space that it replaced. What went wrong?

We now know that projects such as Utica's Urban Renewal project failed, at least in part, because they were inconsistent with and destroyed the "walkability" of the neighborhoods they were placed in, isolating people from amenities they want.  Cities, such as Greenville, SC, learned this lesson and have recreated downtown vibrancy by making them pedestrian friendly. Successful private developers, even locally (eg. Landmarc, New Hartford Shopping Center), have learned the lesson, too, and are designing projects that are "walkable" in the sense that occupants will not have to walk far to find things they want.

Now compare the proposed Harbor Point Plan with Utica's failed  '60s Urban Renewal area.  Both plan(ned) a few key "trophy" buildings with uses pre-designated by local leaders (which may not be what "the market" would be interested in), in a low-density environment (which reduces "walkability"), with no requirement to "fit in" with each other or their surroundings, and with public "amenities" which require taxpayer maintenance.

Waterfront acreage should be the most valuable property in the city. Why is it being wasted on ball fields, an "interpretive center," a farmers' market, trails, and an outdoor amphitheater which will (1) not generate any tax revenue, but also (2) burden the taxpayer with additional things to maintain, and (3) duplicate amenities the City already has?  (We commented on the ball fields back in 2010.)

Nicky Doodles at Harbor Point, which offers first rate products in a first rate facility, now seems overshadowed and oddly placed with the hulking Fairfield rising next door. If both are being touted as part of the Harbor Point "project," why do their designs detract from rather than enhance each other? Wouldn't a good master plan for the project avoid incongruities and protect the value of private investment, by imposing design requirements to ensure that buildings "work" together, e.g., as in a  "form based code?"

Harbor Point not only has waterfront acreage, it has a "million dollar view" of Downtown. Can you find anything in the Harbor Point Plan that leverages this viewshed to the advantage of the development?

Does the plan erase the boundary between governmental function and private effort? The plan talks about all the possible things that could go into Harbor Point, and even locates specific activities in specific places, but is there a market for these things?  Maybe we do not really need another ethnic restaurant, another farmer's market, or another place for people to go and sample locally crafted products. Are artists inspired to complete canvases someone else has started?  Isn't that what happened with Urban Renewal?  Shouldn't it be up to the developer to decide what goes into the project? And where?

The City's interest should be limited to providing the regulatory and  infrastructure framework calculated necessary to ensure development of sufficient density to increase net revenue to the city.  If this is not possible, perhaps Harbor Point's time has not yet arrived.   Regardless . . .

The Harbor Point Plan does not seem to reflect the site's potential.

A Customary Fantasy . . .

According to the Rome Sentinel: With new customs agent, Griffiss can accept international arrivals.

A permanent customs presence is seen as a value-added service for the aircraft maintenance and overhaul facilities whose customers sometimes send planes to Griffiss from foreign starting points.

Additionally, it is hoped that having a customs facility will help attract more international flights, boosting fuel sales. More than a million gallons were sold last year. The county is paid 8 cents for every gallon of aircraft fuel sold by ground services provider Million Air.

Boosting fuel sales?  Is that Oneida County's objective? The County would be much better off operating a 7-11.

Attracting international flights? Do people fly in from other countries just to meet with a customs agent, or because they have business locally?  Just how much international business is there locally? 

Of course, Griffiss had already been accepting international arrivals with arrangements made as needed for an agent to come out from Syracuse to meet the plane.  So now, to avoid the bother of having to make those arrangements,  per the Observer Dispatch Oneida County Taxpayers are on the hook for almost $150,000/year in pay and benefits for the agent... i.e., almost $3,000/week! Additionally, the agent is on duty only 8 hrs./day 5 days per week, so it looks like calls to Syracuse will continue when a flight comes in outside of the scheduled shift.  

So far since the agent has been on duty, international traffic has been about 1 -- that's One, Uno, Un, Einer, Jedan, один, ένας, واحد -- flight per week!

“Our hope is that if you take a longer view, it will more than pay for itself,” Majority Leader George Joseph said. “It takes a while for the word to spread. It’s just another tool in our toolbox we can offer as we promote the airport.”

That's an Expensive Tool!

The county Board of Legislators’ Democratic Minority Leader Frank Tallarino said he never supported the installation of a Customs facility, and it’s no surprise business there hasn’t been more brisk. “At this point in time we did not need that expense,” he said. “We need a carrier first.” 

Tallarino said until airport fees levied by Million Air, the company that operates the terminal, are lowered, the carriers will keep away.

Mr. Tallarino raises an important point. Back to the Sentinel article . . .

Here’s a look at the number of takeoffs and landings between January and April over the last five years: 2015: 6,356; 2014: 7,964; 2013: 11,269; 2012: 18,570; and 2011, 17,120.

Why are those numbers dropping? Why is that not a clear signal that Oneida County is doing something wrong? How do the airport fees levied by Million Air compare with airports elsewhere in comparably sized markets? Who can answer these questions?  Why isn't the Board of Legislators asking these questions?

Are Board Members letting their party politics or personal animosities get in the way of listening to each other and getting answers to logical questions?

The Customs agent was the subject of a posting here back in 2012 when we were told that a customs agent would help "a lot" and we asked the question "How much is 'a lot?' "

One suspects that we'll build another Taj Mahal facility that will be mostly empty -- and have Customs Agent "Tatoo" sitting around most of the time waiting for "the plane, the plane."  

Fantasies sometimes do come true!

Sacrificing Our Values on the Alter of Free Trade

Per his Facebook page yesterday, Rep. Hanna "voted 'yes' on H.R. 2393, the Country of Origin Labeling Amendments Act of 2015."  

Country of origin labeling provisions were enacted in 2002 to require certain meat retailers to inform consumers of the country of origin on the product’s label. Shortly after the law was implemented, Canada and Mexico challenged it at the World Trade Organization (WTO). After years of appeals, the WTO issued a final ruling saying that the country of origin rule has a trade distorting impact by reducing the value and number of cattle and hogs shipped to U.S. markets. As a result, Canada and Mexico plan to subject certain U.S. markets to more than $3 billion in retaliatory tariffs . . .

This bill repeals country of origin labeling requirements for retailers of beef, pork, and chicken, at the final point of sale in order to prevent the imposition of these harmful tariffs.

So,  a law intended to inform the AMERICAN consumer is swept away because some Canadians and Mexicans don't like it? 

Who does Congress represent? Americans? or Canadians and Mexicans? 

It seems that our Congressman finds it appropriate for our country to change or debase its own values based upon reactions and threats from abroad. And, apparently, he is willing to subject our own sovereignty to a "world" organization's judgement! What will be next? 

Today "Fast Track" will be considered . . .  a protocol to subject future trade agreements negotiated by the administration to quick "up-or-down" votes with no opportunity for changes . . . and little opportunity for scrutiny.  I.e., that's why it is "fast track:"  These lengthy agreements with the potential to significantly affect everyday American life (like NAFTA has done since the 1990s) will go by so fast that there will be insufficient time to digest their contents.  

There are several "Free Trade" agreements pending that will be "Fast Tracked" if Fast Track goes through.  But there is a big problem with "Free Trade." It presumes that the world shares the same values when it does not. 

It is "Free Trade" notions which have allowed American companies to take advantage of the American Marketplace while avoiding costly American Laws (expressions of our values) by exporting American Jobs to overseas where goods ultimately destined for American consumers are made. 

"Free Trade" is not really "free" if we have to sacrifice jobs and values.

It will be interesting to see how Mr. Hanna and the other Congress Members vote on these issues.  If the vote on HR 2393 is any indication, Fast Track and the various pending agreements will be approved.  And then it will be clear that Congress does not represent Americans . . . nor even Canadians or Mexicans. . . .

Rather, it will have proven itself to be a mere functionary of the global corporatists who are the real beneficiaries of these agreements.

Top Metros for Advanced Industries...

Brookings Institute just released its list of the 15 hottest  metros for advanced industries.

A couple surprises: 1. Utah contained three of them. 2. Albany, NY was nowhere to be seen.

So, in spite of Billions of NY taxpayer dollars being spent in the Albany metro area on nano, it does not even register a mention. In fact, no place in New York State was mentioned.

Perhaps Utah does so well on this list because, Per CNBC, it is the third best place in the country overall and the number one cheapest in cost for doing business.

New York could learn a thing or two from Utah!

An Artificial Economy Fueled by Taxpayer Dollars . . .

Last September we noted Oneida County's deal with Solar City to install solar panels. In October we discussed the State's "trophy project" deal with Solar City to make solar panels in Buffalo. By January we noted the secrecy surrounding the Buffalo project which continued through May.

The story now continues:  Per the L.A. Times over the weekend:  Elon Musk's growing empire is fueled by $4.9 billion in government subsidies.

Los Angeles entrepreneur Elon Musk has built a multibillion-dollar fortune running companies that make electric cars, sell solar panels and launch rockets into space.

And he's built those companies with the help of billions in government subsidies. . .

Tesla and SolarCity continue to report net losses after a decade in business, but the stocks of both companies have soared on their potential; Musk's stake in the firms alone is worth about $10 billion. . . . 

Musk and his companies' investors enjoy most of the financial upside of the government support, while taxpayers shoulder the cost.

Regarding the New York project:

New York state is spending $750 million to build a solar panel factory in Buffalo for SolarCity. The San Mateo, Calif.-based company will lease the plant for $1 a year. It will not pay property taxes for a decade, which would otherwise total an estimated $260 million.

An accompanying article gives this breakdown of government benefits to Solar City:

$750 million — New York State cost to build solar panel factory 

$1.5 billion — Estimated value of 30% subsidy for solar installation since 2006, including at least $497 million in Treasury grants 

$5.6 million — Oregon tax credits and rebates

         $260 million  — New York local property tax exemptions

You have to ask yourself two questions: (1) If solar panel installation and manufacture were such a good deal, why was this not financed by private investors?  (2) How long can taxpayers keep subsidizing government-approved technologies?

And the Next Raleigh-Durham is . . . Utica?

Yes, you can feel it in the air. There is a new sense of hope in Utica for a brighter future. It has been a long time coming . . . and it is a good thing!

Per the OD today, a HUD official says that Utica could be the next Raleigh-Durham!  The official, Mr. Forero out of the Albany HUD office, pointed to Utica's population statistics and noted that they were similar to Raleigh-Durham, NC, one of the country's fastest growing cities.

Comparing ourselves to our competitors to see how we measure up is a good thing. It shows us where we are strong, and where we need improvement.  The fact that Utica has a young demographic like Raleigh-Durham gives hope for the future.

But will these young people stay here?

How does Utica compare to Raleigh-Durham by other measures?  Are its taxes as low as Raleigh-Durham? Are its utility costs as low as Raleigh-Durham?  Does a "Right to Work" law prevail like in Raleigh-Durham? Are Utica's demographics the product of people flocking to Utica for employment opportunities like in Raleigh-Durham, or are they due to the importation of people from areas of strife in other parts of the world?

Utica needs to be able to answer these questions honestly, to know some of the changes it needs to make to actually become the next Raleigh-Durham.

In so far as listening to Federal HUD officials, if the Federal Government was not spreading around millions of tax dollars (OUR tax dollars), should anyone actually listen to these people?  The Federal Government is the source of the "20% Affordable Housing" requirement for new housing developments found in the Utica Master Plan . . . a requirement in a city already known for the affordability of its housing stock . . .  and in a city that desperately needs Upscale housing to bring in tax revenue to sustain city services.

Utica is turning around through private efforts . . . and does not need Big Government to mess things up!

Hotel Utica: Change the Management!

The Utica OD had been asking its readers for suggestions on what to do with the Hotel Utica now that a $million in back taxes is owed and a potential sale of the facility has recently fallen through.

How about this:  Run it as an hotel!

The hotel was beautifully restored during the last decade.  But the ability to bring about a successful restoration of an hotel does not mean there is an ability to successfully run an hotel.  A different skill set is involved.

The Utica Phoenix has an article this month that makes a strong case that the Hotel Utica's problems are due to poor management -- in particular by a family member of the hotel's owner.

Most people can understand that if you have a business, you want to take care of your kids. . . .

But here, the Taxpayers have been on the hook for this facility.  The City should use its creditor status to either leverage the owner to fire current management and hire someone with expertise and success in running a large hotel . . .

Or foreclose on the facility, hire the expert, and run the facility itself until a buyer can be found.

The fact that new hotels are going up in the vicinity establishes the market for hotel rooms. The City controls the hotel's environs (which could probably use some sprucing up).  The City has the power to fix this.

Taxpayers deserve movement on this issue.

Baby Killer!!

The headline in the Syracuse paper says it all:

House passes bill banning abortions after 20 weeks: Hanna splits with GOP


- - - - - -
Noon Update:


There is more than just the woman here -- there is another person. There is virtually no difference in that person before and after passing through the birth canal or being removed via C-section. The person is viable. Courts have long recognized wrongful death claims for babies in utero. Because abortion at early stages in pregnancy has been found legal, someone has to draw the line as to when personhood rights under the US Constitution attach. Like the abolition of slavery, that job properly belongs to Congress. And contrary to Mr. Hanna's assertion on his Facebook page, exceptions are provided for the mother's health and in other circumstances. See Section 1532 (b)(2)(B) at https://www.congress.gov/bill/114th-congress/house-bill/36/text .

Politics Over People . . .

That's the thought that replayed over and over in my mind as I listened to two painful interviews with State Sen. James Seward this morning, the first on WIBX and the second on WUTQ.

What was painful was listening to the Senator's excuses for voting for Sen. Flanagan of  Long Island as the new Senate Majority leader over Sen. DeFrancisco from Syracuse. Per WIBX sources . . .

Seward’s vote was instrumental in keeping the leadership of the Republican run senate on Long Island. . .
Seward seemed to gloss over the vote when speaking with Keeler saying, “by the time the vote got to (him) it was already decided.” Keeler challenged that point and asked about inside sources who say 2 Long Island senators threatened to retire if Flanagan wasn’t elected, which would most likely lead to the Republicans losing their majority in the Senate

Mr. Seward was not the only one.  Six Upstate Republicans threw in for the Downstater over the guy from Syracuse.    Per the Syracuse paper

Some Upstate conservatives felt Monday's vote was a blow to the gut.

Seward responded, "I would say, I'm more concerned with the agenda that's pursued rather than with where a leader is from."   

Well what agenda is that, Mr. Seward?

In both interviews Seward in sickening fashion rattled on and on about his "agenda" dealing with some of the intricacies of the SAFE Act and the Common Core rollout. . . . things that would be of interest to Republicans in Westchester and Long Island.

But these problems are symptoms of a much bigger issue for everyone North and West of Poughkeepsie: Upstate's borderline Third World economy caused by The Tyranny of the Downstate Majority.

Simply put, for our region the difference between Republican and Democrat is not as significant as the difference between Upstate and Downstate.  Here was the opportunity, via the Majority Leader position, for Upstate to strongly influence the "agenda" -- to advance an Upstate Agenda -- but the 6 Upstate Republicans including Mr. Seward who voted for Mr. Flanagan blew it. 

They were more concerned about their party than their constituents. 

Indian Point: Our Problem, Too . . .

Local residents need to keep an eye on the aftermath of the recent explosion at the Indian Point nuclear plant near Poughkeepsie, NY.  No, there was no meltdown.  Systems properly shut down when the explosion occurred.  However, there was an oil spill. . . . You can be sure that there will be more calls for the plant to be shut down, even though it supplies 25% of the power for New York City and Westchester County. People have been calling for shutdown of this plant for years.

In addition, coal fired plants in the Downstate region are in the process of being shut down.  Protection of the environment is cited as the reason.


While to some Indian Point and the closure of coal plants may be a Downstate problem, and to others it may be an Environmental problem, for us locally it represents an Economic Problem. Because from where will the power to replace that of the shut down plants come from?

Indian Point needs to be kept open. If it is closed...which is Cuomo's goal...history will repeat itself. Cuomo's father shut down the Shoreham LI nuke plant due to popular pressure ...and Upstaters -- inspite of having an abundance of cheap hydro power -- now pay some of the highest electrical rates in the nation because our power was sent Downstate. The high rates contributed to Upstate's loss of jobs. Solar and wind have not proven economical compared to fossil fuels...

Sure a meltdown is a scary possibility, and coal-fired plants may be obnoxious. But we Upstaters are living in almost a third world economic reality now to keep the City and environs lit. 

If we have to give up more to help Downstate, what would we get in return?

For past Fault Lines commentary concerning Indian Point check out these posts.
2006: Environmental Justice
2008: NYRI/Marcy-South;  Indian Point Progress ; Not Fighting NYRI on All Fronts
2011: Cuomo, Jr.'s Shoreham

Buffalo Billion: The Secrecy Continues . . .

The Buffalo Billion Solar City project, its Utica connection, and the secrecy from NYS was discussed here in January, largely based upon a December article in the Investigative Post.

Today, several months later, the "main stream media" has picked up on the secrecy problem on the Buffalo News' editorial page: Transparency needed at Solar City construction site.

For those unfamiliar with the project, the construction of this facility is being financed entirely through the state of New York. New York will own the facility and all equipment within it, with SolarCity promising to provide 3,000 employees to utilize it. . . .

As frequently happens when dealing with projects involving the government, the devil is in the details. As Associated Builders and Contractors and our members began inquiring as to how to get work on this massive $750 million dollar-plus project, we ran into a brick wall.

The more research we did on this issue for our members, the more frustrated we became. In fact, it came to a point where our staff was actually submitting Freedom of Information Act requests to find out more information on the bidding, who was getting the work that was being done, etc. These requests for information have gone unanswered.

Back in December, the State was stonewalling an investigative reporter on how taxpayers' money was being spent. Now the State is stonewalling a construction trade association on who is performing all the site work...

 We The People are taxed to the yazoo in NYS but are not entitled to see how money is spent or who is benefiting. Seems like nothing ever changes in New York State.  

Refugee Lawsuit: A Helping Hand, Biting the Hand, or Something Else?

Utica has had a stellar record of being a welcoming haven for immigrants and refugees for at least a century -- so much so that the United Nations has called Utica the "Town that Loves Refugees." School doors have been open to such a variety of peoples that forty-two languages are spoken in Utica's schools! Utica can be proud of the stories of refugees who found success locally. These inspiring stories remind us of our own immigrant forebears to whom we owe so much.

So it came as quite a shock to learn from WKTV that the Utica School district is being sued for (allegedly) illegally denying refugee youth an education.  The OD also had an article. How is this possible in a school district renowned for its diversity?

A "helping hand?"

The complaint, brought by the New York Civil Liberties Union and its Central New York affiliate on behalf of six students and "others similarly situated,"

"challenges the Defendants’ policy and practice of excluding limited English proficient (“LEP”) immigrants aged 17-20 from Thomas R. Proctor High School (“Proctor High School”) in Utica, N.Y. . . . [1]

It alleges that

. . . For the last 8 years, Defendants have been excluding LEP immigrants (primarily refugees) over 16 years of age from Proctor High School, the only high school in Utica, and diverting them to alternative education programs.  . . . [3]

And it seeks

. . . an order requiring Defendants to enroll LEP immigrants aged 17-20 in Proctor High School if the immigrants want to go to high school, are residents of the Utica City School District, and have not yet turned 21 years old [among other "Relief" requested].

The suit claims, with specific reference to NY Ed Law 3202 (1), that individuals have the right "to attend the high school within their district" until they turn 21 or earn a high school diploma, that it must be the student's choice to attend an alternative program, and that  

For the last eight years, however, the Defendants have been robbing immigrant students of that choice." [4, emphasis supplied]

Wow!  The Utica school district "robs" immigrant students of "choice" -- and the "civil liberties" attorneys are lending a helping hand make sure that the students have this "choice?"

The complaint gives details of the students' ages, the countries they came from, the hardships they sustained, their native languages, the fact that they are "LEP," and their hopes and dreams (of being a doctor, nurse, teacher, engineer).  Every single one of them has spent 17 years in an overseas refugee camp, i.e., virtually their entire life in a world vastly different from Utica. Other than to mention that one student had been taught unspecified subjects at the camp, the complaint is totally silent on the students' educational achievement. The complaint's silence on this point makes it safe to assume they are uneducated.   But these students -- or rather, their lawyers -- insist they be able to attend high school which is grades 9-12.

Let's assume that all the allegations in the complaint are true. What happens if the plaintiffs get their wish? Assuming no language barrier, how well would students who are probably 8 to 10 years behind their peers in content learning and with little exposure to our culture do in a high school classroom?

For any student to be successful in a high school course, the student needs to have mastered the prerequisites. Without the prerequisites, the time spent in class is wasted.  Worse, frustration may set in that leads to behavior problems. It is not unusual for alternative settings to be created for such students -- and such are the best placement for them.

Now add (1) a language barrier and (2) lack of cultural context on top of (3) a lack of formal education. Allowing such students to attend regular high school classes rather than the district's alternative programs designed to teach English and cultural awareness would cause more harm than good. Some might call it educational malpractice! Should lawyers be aiding vulnerable, illiterate students to make bad choices?

Biting the hand?

While we can be proud of Utica's cultural diversity, the volume and variety of immigrant students taken into Utica schools has placed  financial burdens on local taxpayers -- taxpayers who are already burdened with some of the highest taxes in the nation. Now they will be burdened with the cost of a lawsuit, spending money on lawyers rather than education.

Regardless of the requirements of "the law," considering all that Utica has done to make refugees feel welcome, some Uticans will view this lawsuit as a "slap in the face" or as "biting the hand that feeds you" - a demonstration of ungratefulness, dissatisfaction, and sense of "entitlement" by newcomers. Over time, this could lead to a change in attitude and lead to Utica becoming a less-welcoming place. It would be a tragedy if that happens because that would represent a change in Utica's character.

While there are always those among us (immigrants and non-immigrants alike) who have that "sense of entitlement" and will institute lawsuits to assert "rights" on the flimsiest of pretexts to make a point (especially when someone else pays the bill), from what is known about these plaintiffs this does not seem to be the case.  Simply put, they are too new to America,  too unfamiliar with our customs, and too involved in learning how to survive to worry about an alleged "right" to attend Proctor High School. No, this lawsuit is not their "biting the hand." Rather, they are being prodded to do this by others with an agenda.

Something else?

The fact that a press release was issued and media contacted before the school district was even served with the complaint reveals a calculated effort to create a media buzz before the District could intelligently respond.  That does not demonstrate a sincere desire to solve a problem, but, rather a desire to play to public opinion.

The claim that the district was "robbing" the students of choice is unnecessarily inflammatory language that similarly evinces a desire to play to public opinion rather than solve a problem.

The complaint misstates NY Ed Law 3202 (1).  That provision does NOT state that individuals have the right "to attend the high school within their district" until they turn 21. Rather it states that  that such students are "entitled to attend the public schools maintained in the district in which such person resides without the payment of tuition." 

How schooling of LEP students is to be accomplished is prescribed by NY Ed Law 3204 and regulations promulgated by the Commissioner of Education there under.  The complaint implies that Utica is not in compliance with NY law, mentions only one regulation pertaining to bilingual education, but then fails to demonstrate that the regulation even applies (see pleading #57).  [The NYCLU attorneys should read section 3204 thoroughly. Subdivision 3(a)(3) regarding courses of study will probably send some of them into orbit!]

If the Utica district does not comply with NY Law, why is not NYCLU working through the NYS Department of Education instead of proceeding directly to federal court and wasting that court's valuable time?  Did they not hear of the concept of "exhaustion of administrative remedies?" NYCLU Staff attorney Desgranges is quoted by WKTV as saying “Across the state, school districts are refusing to enroll young people who are immigrants or limited English proficient, instead placing them in inappropriate or inadequate programs.” If this is a state-wide problem, it would seem that the appropriate course of action would be to go after the state, not Utica.

Mr. Desgranges then goes on to state that Utica has an obligation to educate "all young people, including undocumented immigrants and refugees." The complaint also references an obligation to the undocumented.  While that may be true, what does that have to do with this lawsuit?

Or is the NYCLU trying to pressure Utica to accept an expected wave of undocumented immigrants? Such has been reported to  be on the president's agenda.

Lastly, is it just coincidence that one of Utica's student immigrant success stories, who's bio reveals an amount of activism and political connection, also happens to be on the board of the suing NYCLU Central New York  chapter?  Nah . . . must be coincidence.

The lawsuit is neither a helping hand, nor biting the hand.  It's something else: a political agenda.

Are More OC Taxpayer Dollars Taking Flight???

According to a Rome Sentinel Article, the O. C. Legislature is about to consider a 10 year lease to Freeman Holdings, a/k/a Million Air, of 5,500 square feet of terminal building at Griffiss "International" Airport for roughly $100,000 a year.

Utilities like heat, electricity and water are paid by the county.

Interesting.  Are other tenants of Oneida County also given taxpayer-paid utilities?

The car rental desk and flight school paid rent at their old locations and will continue doing so in their new locations on the second floor of the terminal building.

But ...

Under the management contract, Freeman did not have to pay rent for its old space because it was in what was considered a transitional location, awaiting a permanent one, explained Candido.

So, the County clearly gave preferential treatment to Freeman in that other tenants paid rent for their old space but Freeman did not.

Interesting thing, that management agreement, regarding the "transitional location," in Section 4 (A) . . .

". . . it is anticipated that said relocation of the FBO Offices will occur in the spring of 2009 . . . " 

2009???   

So what the OC Board of Leg. is doing now was something they were told was anticipated to be done in 2009? It is now 2015, SIX YEARS LATER!  That means that Freeman has been using County Facilities, rent free, for six years longer than the OC Legislature was led to believe when it originally approved the agreement with Freeman back in 2008! 

It is unknown why it took so long to get to this point, or who was ultimately responsible to get us to this point.  There are probably plenty of excuses which may or may not be good ones.  What is not excusable is that an unforeseen delay was something that could have been provided for in the original contract, but was not, and that as a result, the taxpayers have have not received rent for the use of county facilities for six years.

According to the Sentinel, the county executive's chief of staff Mr. Candido . . .

said the lease amount was based on a study of new construction rentals and market rates in the surrounding area.

Given the sloppiness of the manner in which the Management Agreement has been carried out thus far, the Board of Legislators may want to see the evidence supporting Mr. Candido's assertion before approving of this lease.

Cuban-NY Trade? Babalooooo-ney!

Gov. Cuomo is Cuba-bound today to encourage trade with that nation. Per the Post Standard. . .

Kevin Ellis, of Cayuga Milk Ingredients, and Hamdi Ulukaya, of Chobani, are going with the Democratic governor on a two-day trip . . . .

Why is Chobani going? Greek yogurt is expensive.  Do they really think that people from Cuba, a country that can barely feed its people, can afford NY yogurt? Or cheese?

Interestingly, also in dairy news today, CNY Central is reporting that the Heluva Good Cheese packaging plant -- a plant that has been open in Sodus since 1925 -- is closing. But . . .

HP Hood says customers will not see a change in the availability in the product. . . .

Since the product will still be available, it is going to be packed someplace other than Sodus, NY, but CNY Central fails to report where.

If current market conditions make it difficult to package dairy products in New York, and current market conditions make it difficult to purchase dairy products in Cuba, market conditions suggest that products will be produced in Cuba and sold in New York rather than the other way around. This will allow New York corporations to take advantage of the almost "slave wages" paid to Cuban workers and high prices paid by NYS consumers.

Look who else is lining up at the gate for Havana per the Post Standard:

Others include leaders from JetBlue, MasterCard, the Plattsburgh International Airport, Pfizer, Regeneron, the Roswell Park Cancer Institute and and Infor. State representatives include Empire State Development Corp. CEO Howard Zemsky, SUNY Chancellor Nancy Zimpher, Assembly Speaker Carl Heastie, Senate Minority Leader Andrea Stewart-Cousins, and Independent Democratic Conference Leader Jeff Klein.

Travel, technology, developers and politicians.

Now how could New York State possibly benefit from trading with impoverished Cuba?

Looking at the who's who going, it looks like certain elite New Yorkers hope to cash-in developing Cuba's potential as a travel destination and place to manufacture pharmaceuticals -- just like people did years ago with Puerto Rico.  At least with Puerto Rico, the money wasn't propping up a dictatorship and in theory is still in our country.

These people are looking out for themselves, not the average New Yorker.

Whether we have Republicans or Democrats in office, we seem to repeat our mistakes: Allowing our corporations to send jobs overseas to places that oppress their people like China, Vietnam, and Venezuela -- allowing those countries to build their economies or militaries on our dime -- while also allowing the corporations to take advantage of our market's prices.  And the politicians making this happen get enriched by the corporations.

New York State is practically Cuba already, with a well heeled urban elite running things to their benefit while everyone else become serfs. Trading with Cuba will only seal the deal.

There is a pre-revolucion Cuban export that we all can enjoy.  But trade with Cuba now is Babalooooo-ney!

For another take on this story, check out CNYTruth.

Pardon Our Dust . . .

Will be experimenting with some new formatting options which may result in the blog looking unusual for a short time.  Pardon our dust.

Welcome "cnytruth" . . .

Blogs dealing with local issues seem to be falling by the wayside.  (I am going to have to do some serious spring cleaning of my Blogroll because many on the list are no longer active).

Anyway, it is nice to see a new blogger picking up the effort:  "cnytruth" which promises to expose "the millstone of waste, corruption and lies in the Upstate NY liberal wasteland."

 Welcome, cnytruth!

There is more than enough material to keep us all busy . . .

Accoutrements of Success. . .

Today's OD presents another example of the "build it and they will come" fairy tale: Expansion of high speed Internet can help region stay competitive.

“Access to high-speed Internet is critical to ensuring that all New Yorkers can reach their full potential in today’s technology-driven world,” Gov. Andrew Cuomo said. . . . 

Internet providers are being offered matching funds if they opt to expand into areas with no service, or improve service in places that already have it. Providers often are reluctant to extend service into sparsely populated areas because there might not be enough customers to recoup costs.

The problem with the OD's headline is that it assumes that we are already competitive. With among the highest sales tax rates in the nation, highest property tax rates in the nation as a percentage of property value, highest utility rates, highway tolls, and onerous regulations that have driven literally tens of thousands of people and countless businesses from our region in the last 40 years, can anyone seriously argue that we are competitive?  

Economically competitive areas DO have high speed internet  . . . they also have bustling airports with regularly scheduled airline service . . .  symphony orchestras . . . museums, libraries, theaters, zoos,  etc., etc.  -- because they are economically successful -- not because the taxpayers paid for them.

We once had all these things, and still have some of these things, because we were once economically successful.  But that is the past.  And slowly but surely, as the "old money" gets spent, we are losing these accoutrements of success -- and not obtaining new ones -- because we are no longer successful.

Repeat: "Providers often are reluctant to extend service into sparsely populated areas because there might not be enough customers to recoup costs."

The OD speaks of internet providers, but it is the same for water lines, sewers, roads, airports, and virtually any other service that you can think of.  If the costs cannot be recouped, why should the taxpayer (or water/sewer/utility user) be forced pick up the costs for those it is uneconomical (or "unsustainable") to serve?   That would require higher taxes and fees . . .

And That would make us LESS competitive. 

There Are No Shortcuts . . .

Per WKTV: Left, right ally against Cuomo's Start-Up NY

In a statement Wednesday, the coalition says Start-Up NY should be shut down pending a detailed audit following a report showing that so far the year-old program has created 76 of the nearly 2,100 jobs promised over five years in return for tax breaks.

Seventy-six jobs created with how many millions of tax dollars spent just to advertise this fiasco?  Even 2,100 jobs would be a drop in the bucket state-wide.

Start-Up New York rightly recognizes that one of New York State's main problems in attracting employers is its high rate of taxation.  So the program offers a 10 year tax break from all taxes.

But why would businesses flock to New York State for a special program when they would be better off in another state with generally lower taxes and operating costs? . . . in another state with more economic freedom?

If New York wants to beat the competition, it must at least offer the same degree of economic freedom as its competition, not as a special program, but as a matter of long term policy. But that would require rethinking state and local government -- shrinking it in an intelligent way -- to do and spend less.

The problem for Upstate NY is that our policy is made from the perspective of Manhattan where money is plentiful.  

From the Deseret News: How high taxes and regulation are killing one of the most prosperous states in the nation.  

For more than half a century, this huge region — once the nation’s breadbasket and a manufacturing capital — has been losing jobs, dollars and people. . . . 

Weather was certainly a contributing factor. . . . 

But other states — New Hampshire, Minnesota, North and South Dakota, Colorado — have similar weather and have not seen mass evacuation. The difference is that upstate New York is tethered to New York City, whose residents overwhelmingly support higher taxes, stricter regulation and bigger spending than the national averages. Those policies are blamed for upstate’s economic woes by many in the region. 

“Basically what you’ve got in New York is a state tax code and regulatory regimen written for New York City,” says Joseph Henchman, vice president for state projects at the Tax Foundation in Washington. “Legislators say, `Look, New York is a center of world commerce. Businesses have to be here. It doesn’t matter how high we tax them.’ I hear that a lot. But when you apply that same logic to upstate, the impact is devastating.”

The answer for Upstate NY isn't "Start-Up NY." Rather, it is granting Upstate NY a degree of freedom from the tax-and-regulate attitudes and policies fostered by the NYC Metro area.   That requires detailed planning. There are no shortcuts.

Milking the System?

There's an interesting article in the Los Angeles Times today that focuses on our local dairy industry: Dairy farmers, in dire need of workers, feel helpless as immigration reform sours.

"It's just crazy," said McMahon, who has several hundred cows at his farm more than 200 miles north of New York City.

"I'm a lifelong Republican," he said, shaking his head. "But I'm telling you, there are days when I think about switching."

McMahon and other dairy farmers in central and upstate New York are in a quandary. On one hand, farms have thrived because of several factors, including the popularity of yogurt in recent years and drought in other milk-producing countries. At the same time, they are battling to find the reliable, year-round labor that 24/7 milking operations require.

Locals won't do the dirty, manual jobs, farmers say, and immigration laws limit farmers to importing only seasonal agricultural employees. That does not help dairy farmers, who need year-round workers. . . .

"It happened overnight," said Dale, who watched the state's dairy industry shrink through the 1980s and '90s. "All of a sudden, New York had all these great yogurt things going on."

He and McMahon said they tried to stick to local labor but succumbed to hiring migrant workers as their workloads increased.

Both men, and Norton, blame the problem more on attitudes than on economics. McMahon, for example, said his farmworkers all started at $2,000 a month and get a three-bedroom house plus utilities and other benefits. Even so, McMahon said attempts to hire locals have failed.

"Nobody wants to go out there and deal with cows and get manure up their sleeves," said McMahon, who once advertised three straight weeks to find workers. Three locals applied, and only one worked out, he said. He now depends on Latino workers, most of them members of an extended family from Mexico. . . .

"I pray to God Jeb Bush is our next president," McMahon said, "because he's married to a Mexican woman. He gets it."

As could be expected for the LA Times, the article only focuses on the "immigration reform" aspect of the problem -- an issue dear to both Democrats and Progressive Republicans alike.  Nowhere is even a thought given to who or what might be competing with the farmers' labor demands.

It should be amazing that farmers cannot find reliable labor when the number of individuals on public assistance is at an all time high.  But actually it is not, per this NY Post article, when welfare  pays better than work.

In the Empire State, a family receiving Temporary Assistance for Needy Families, Medicaid, food stamps, WIC, public housing, utility assistance and free commodities (like milk and cheese) would have a package of benefits worth $38,004, the seventh-highest in the nation.

Do the math! Why should "locals" do dirty, manual jobs when they can do just as well or better by signing up for public assistance?  Illegal immigrants provide the labor for local farmers because illegal immigrants are unlikely to apply for welfare benefits. Our government's policies have created this situation.

Perhaps the answer for the local dairy industry is not immigration reform, but, rather, welfare reform.

Clinton's Emails: More than Meets the Eye. . .

I watched Mrs. Clinton's "press conference" yesterday, wherein she explained that she chose to use her personal server for email instead of a government server because she did not want to lug around two different devices.  That may satisfy some people, but to me it was as believable as the story that a YouTube video started the Bengazi attack.

Mrs. Clinton's release of 55,000 emails in PRINTED form is a disingenuous gesture that strikes a familiar theme to anyone who has tried to use the FOI Laws against an uncooperative government agency. What better way to avoid scrutiny than to take electronic documents and change them into an overwhelming number of printed documents. This does three things: (1) prevents them from being electronically searched for key words, (2) deletes the "header" information contained in each e-mail that documents the servers that the e-mail passed through, and (3) discourages the discovery process by making it time consuming and expensive.

There is clearly more going on here than Mrs. Clinton ignoring protocol.

Just before Mrs. Clinton took the podium, she was shown sitting in a seat at the UN . . . and sitting behind her was her top aide, Huma Abedin.  If you remember, former Rep. Michelle Bachmann long ago raised a question how Ms.Abedin was able to obtain a security clearance given her familial relations to Muslim Brotherhood (a terrorist organization) operatives. . . but Bachmann was quickly labelled an "extremist" by certain Republicans, including our local congressman, and Bachman's logical, rational questions about Ms. Abedin's status were never answered.

Now, with discovery of Mrs. Clinton's e-mail irregularities, Judicial Watch has filed a FOIA request seeking

 1. Any and all records of communication between Secretary of State Hillary Clinton and Nagla Mahmoud, wife of ousted Egyptian president Muhammad Morsi, from January 21, 2009 to January 31, 2013; and  

2. Any and all records of communication between former State Department Deputy Chief of Staff Huma Abedin and Nagla Mahmoud from January 21, 2009 to January 31, 2013. 

Why the interest in Mahmoud?  Per Judicial Watch quoting its sources:

. . .Morsi’s wife “is threatening to expose the special relationship between her husband and Hillary Clinton, after the latter attacked the ousted [president], calling him a simpleton who was unfit for the presidency. Sources close to Nagla confirmed that she has threatened to publish the letters exchanged between Morsi and Hillary.” 

The report continues by saying that Nagla accuses Hillary of denouncing her former close ally, the Brotherhood’s Morsi, in an effort to foster better relations with his successor, Egypt’s current president, Sisi—even though, as Nagla laments, “he [Morsi] was faithful to the American administration.”

Mrs. Clinton was careful yesterday to state that "most" of her communications were with US government employees which would have been captured by government computers on the receiving end.  But if she wrote to Morsi, or to Nagla Mahmoud, those communications would NOT have been captured.

Mrs. Clinton stated that she "deleted"  e-mails that were "personal"  in nature.  Would that include communications with Morsi?  Would that include communications with Morsi's wife?  Is what might be considered blackmail by Morsi's wife the subject of a "personal"  communication?  If a high government official has a "personal" relationship with a member of a terrorist organization, should the "personal" relationship shield communications from public review?

The Judicial Watch release, which has not been discussed in the media, gives a new urgency to getting to the bottom of Mrs. Clinton's actions.

OC's Shiny New Toy . . .

Oneida County's Griffiss "International" Airport unveils a new terminal building . . . And it is gorgeous!

The design of the new complex mixes wood siding, stone and plenty of windows on the outside and exposed wooden beams and support posts and piping on the inside. “They [sic] way we look at it, it is the gateway to the Adirondacks,” said [OC Aviation Commissioner] Stark. “It is upstate New York.”

The terminal consists of two buildings that are connected.

The smaller building is a one-floor structure to be used by US Customs for incoming "international" flights -- of which there are none regularly scheduled, although planes occasionally come in from abroad for maintenance by MidAir USA or Premier Aviation. (You remember MidAir, the company that just got evicted from one of its hangers for being over $700,000 behind in its rent - the company that is expanding in Florida, but not here in Rome.)  Now MidAir, Premier, and private pilots will no longer have to divert flights to Syracuse or wait for customs agents to arrive from Syracuse.

How convenient!  

The larger building is a two-floor structure with the top floor housing airport administrative offices and car rental.

The bottom floor is really cushy! It is entirely occupied by Million Air, the County's fixed base operator (FBO), that caters to "general aviation" needs - i.e., private pilots, private aircraft and their private passengers. Per the Sentinel . . .

In the center on the ground floor is the Million Air service desk. There’s a conference room, as well as a cafe. There are three seating areas, with wall-mounted flat-screen televisions. Adding to the warmth of the seating areas are two double-sided gas-burning fireplaces. Additionally, pilots will have access to a space with computers linked to the internet for flight planning. There’s a theater room to help them fill in wait times before takeoff. If a nap is desired, there are two rooms where pilots can catch a few winks.

Nice!

The terminal cost $7.1 million dollars to build.  After a $500,000 grant (from taxpayers), Oneida County Taxpayers are on the hook for $6.6 million . . .  plus the annual cost of a customs agent of $160,000 per year. Of course, revenues will be coming in from terminal tenants.  OC Taxpayers will rake in a total of $138,400 annually from rents.  I.e., the rents coming in will not even cover the cost of the customs agent.  (Don't even think about the debt service on the structures).

But won't it be worth the convenience of being able to fly out of Rome instead of schlepping to Syracuse or Albany to catch a flight to Disney World, or Vegas, or to visit Aunt Martha in San Diego?

Think again.

There are No facilities for scheduled commercial flights . . . No ticket counters . . . No luggage carousels . . . No waiting rooms for You.   You, the OC taxpayer, will continue to schlep to Syracuse or Albany.  You, the OC Taxpayer, will continue to pay among the highest sales and property tax rates in the country to finance sumptuous and convenient facilities for the corporate welfare takers and regional elite.  

Per the Sentinel . . .

Majority Leader Joseph [sic] E. Joseph, R-10, Westmoreland, said the county has been a “good steward” of the millions of federal, state and county dollars invested at Griffiss since the Air Force moved out and the county airport moved over from Whitestown.

It is not being a "good steward" to secure millions from other levels of government only to saddle County Taxpayers with additional costs to support an infrastructure that is far too large to be justified by our regional population -- which is dropping.  

Airports are not viable "economic development" vehicles.   Read "Airfields of Dreams: If you build it, they won't come" by Steve Malanga in the Autumn 2012 City Journal.

No matter what we build to "attract" others here, we have totally failed to fix the fundamental problems that drove our own people and businesses to other parts of the country. Those forces of repulsion are still there. One of the forces of repulsion is our high rate of taxation -- now just made worse by our building new infrastructure that only serves private interests.

It's time for OC to put Joe and Jean Taxpayer first.  Only then will we see real economic growth.

Democrats Reducing Freedom: Net Neutrality . . .

Today the Federal Communications Commission is set to pass on a partisan 3-2 vote (Democrats vs Republicans)  a comprehensive set of rules to control the Internet, commonly called the "Net Neutrality" rules.

Although the FCC Commissioners are public servants, they have permitted very few members of the public to actually see what these rules are.  That should be a red flag for everyone. Another red flag is the fact that the FCC Chairman has refused to testify before Congress when invited to do so.

If the FCC is hiding what they are doing until after they make a decision, you can be sure that what they are doing is contrary to the interests of the public,  otherwise, "Why the secrecy?"

A former FCC Associate General Counsel raises the question "Is the FCC lawless?" suggesting the specter that "administrative law" is being used in a way to avoid the balance of powers crafted in the US Constitution. Longtime readers of this blog will remember the warning of the threat to our freedoms posed by administrative agencies, "The Ominous 4th Branch of Government."

An alleged "need" for these rules is the practice of certain Internet Service Providers (ISPs) to charge a premium to certain content providers that ensures a "fast lane" on their networks -- e.g. certain streaming services that use a lot of bandwidth.  The new rules would supposedly (assuming no waivers are given to the politically connected) prohibit the practice.

But why should the companies who paid for and constructed their very expensive networks not be able to control how their networks are used? If they cannot control their own property to ensure a return on investment, then private investment in networks will be discouraged.

Lack of investment in networks will result in deterioration of service as traffic increases unless the taxpayers are made to pay for same via the government.  But why should the taxpayers do this when the private sector has, to date,  met everyone's needs?

So far the internet works just fine, as suggested by a Republican FCC Commissioner, Agit Pai, who calls Net Neutrality "a solution that won't work to a problem that doesn't exist."

If there is a threat to the Internet that requires government intervention, it is the mergers of ISPs that reduce competition in the marketplace... But the government has been approving mergers left and right, perhaps because it is easier to control one or two big players than a multitude of lesser players.

It is the lack of internet regulation that makes the internet so useful -- it is freedom --  giving a voice to even the most minor of minority viewpoints.  

The Internet is not broken.  It does not need fixing.

Undoubtedly, with these rules, all that we have come to appreciate about the Internet will ultimately become undone.  Voices will be silenced . . . And the public will be left hearing only "government approved" viewpoints.

Republicans Reducing Freedom: Student Success Act

The warnings are out: H. R. 5, the "Student Success Act,"  is about to be taken up by the House of Representatives in Congress, co-sponsored by only Republicans.  Although this very lengthy bill (610 pages in PDF) has an official Summary that gives an impression that the legs will be cut out from under Common Core, it is an Un-Official Summary by "Three Moms Against Common Core"  that people should be talking about:

“Student Success Act” to Crush Religious Freedom, Private School Autonomy, Parental Rights: #NO on HR5 ... Per the article ...

It ends private schools’ religious freedom from government control. It harms funding freedom in private schools. It puts into question parental rights and control over education. It pushes sameness of testing. Those are just a few things. There are more. 

We have conscious deceivers in D.C. pushing this bill: its damages are so painfully ironic. The bill is touted specifically to “reduce the federal footprint and restore local control while empowering parents“. What a poignant lie. 

If H.R. 5 passes this week, in exchange for billions in federal funding, we will be crushed in the following ways. The federal Department of Education aims to take over: 

1. STATE AUTHORITIES AND RIGHTS  

2. PARENTAL RIGHTS TO DIRECT EDUCATION OF A CHILD 

3. RELIGIOUS FREEDOM – NO MORE RELIGIOUS COUNSELING, MENTORING OR TECHNOLOGIES ALLOWED IN PRIVATE SCHOOLS 

4. PRIVATE SCHOOL AUTONOMY: GOVERNMENT-APPOINTED OMBUDSMEN WILL MONITOR COMPLIANCE 

5. PRIVATE SCHOOL FUNDING – PRIVATE SCHOOLS MUST CONSULT WITH PUBLIC DISTRICTS WHICH ENFORCE EQUALITY

One has to be suspicious of what is in any bill as big as this one. Here, the Moms did their homework and back up their claims with explanations that cite specific sections of the bill (which you can check out yourself using the links provided above).

Education in this country is only gotten worse since the Federal Government became involved. Control over education needs to be brought closer to the people directly affected, and the Federal Government (with no constitutional authority in this field)  needs to get out of it entirely.  But it is too easy to take the money (our money) so the expansion of Federal power and mediocrity has continued.

Our Congressional Reps. need to vote NO on this act.

Nano Sleight of Hand. . . .

The OD headline blares: NANO IS HERE. Believe it . . .

But please forgive me for feeling sceptical.  

The problem with SUNY Poly having one name but two campuses is that unless the Utica or Albany campuses are specifically identified, you never know which campus they are talking about.

Therefore, should anyone take comfort in knowing that

"SUNY Poly has 215 researchers and faculty members and about 350 more people already are working for some of the existing tenants who will occupy the Computer Chip Commercialization Center in Marcy . . ." 

when the article fails to state that these people are assigned to work at the UTICA Campus?  Given the lack of transparency on this project, one must assume that the people Kayoleros is referencing are stationed in Albany until we are told otherwise.

Infiltrated!

It has been the view of the administration for years that the Muslim Brotherhood is, essentially, a bunch of 'good guys' that has "eschewed violence."  But if you remember months back, while a Muslim Brotherhood member, Mohammed Morsi, ruled Egypt, Christians there lived in fear.

The Egyptian people, not liking Mr. Morsi's Islamist agenda, ultimately overthrew him,  and the Egyptian military moved to take over the government to create stability. However, our administration refused to assist the Egyptian military.

Now, from the Washington Free Beacon comes this report: Muslim Brotherhood: White House Official Met Us at State Department.

News of the meeting between the Brotherhood allies and the Obama administration caused anger among many in the Egyptian government, which is fighting furiously to crackdown on the Islamist group and its supporters.

“These statements are incomprehensible to me, we do not understand that there will be such a communication with the elements involved in terrorist acts to intimidate the Egyptians,” Egyptian Foreign Minister Sameh Shukri was quoted as saying in the regional press following the Free Beacon’s initial report.

“The Brotherhood is not a political party,” but “a terrorist organization,” Shukri said.

Almost three years ago then-representative Michelle Bachmann questioned how a certain highly placed US official with familial connections to the Muslim Brotherhood could have received a security clearance.  Please see a series of correspondence on this issue. She was immediately called out on this by several members of her own party, including being branded an "extremist" by our own congressional representative. 

You really have to wonder what is up with our foreign policy?  We seem to involve ourselves with destabilizing stable situations in Libya (backing the take down of Qadaffi) and Iraq (with the American pullout), yet stay uninvolved when it comes to backing those who would try to maintain safety for all religious minorities, such as current Egyptian President el-Sisi.

Now we have this story: ISIS Beheads Coptic Christians, El-Sisi Vows to ‘Avenge’ Murders, with a terrorist seeming to echo views expressed by our President at a recent prayer breakfast:

All of the killers wore black except the spokesman, who, wearing camouflage, talks in English and sounds American . . .  “Safety for you crusaders is something you can only wish for,” he says. . . . “And we will conquer Rome, by Allah’s permission,” the American-accented narrator says, pointing his dagger at the sea.

The White House responds by calling for a "political solution" in Libya. . . . a solution to a crisis that WE helped to create.

One could wonder what has informed our foreign policy . . . but some of our "extremists" already know.

The NY Divide, an Upstate Agenda, and Choosing a Speaker

With the removal of Sheldon Silver from his position as speaker of the Assembly, there is talk about who will be his successor. Per the NYPost, the Assembly may be getting Carl Hestie as its first African-American Speaker.  The Post indicates that he has great credentials, including an undergrad degree in math and statistics from Stony Brook University, masters in finance from Baruch, experience as a budget analyst in the City's comptroller's office, and a reputation as a consensus builder.  While others have questioned Mr. Hestie's background, what seems to be most important to the Post and for some people is that he is African-American.

Frankly, the focus on race, gender, ethnicity, and other human characteristics that created "protected classes" during the last 20-30 years (while accomplishing little in solving their associated problems) has prevented us from seeing the REAL divisions among us.

The REAL divide in New York is geographical, illustrated by the map of NY's 100 richest and poorest places based on information listed here.  While ten of the poorest places are in our own area, the real take-away from looking at the map is that almost all the richest places are in the metro-New York City area while almost all the poorest places are Upstate.

Now, how can a government essentially run by "three men in a room" who are ALL from the metro New York City area, where incomes and wealth are high, possibly understand Upstate's problems and represent Upstate's interests, where the opposite is true?  

There was once a time when Upstate and Downstate both succeeded through leveraging Upstate's natural advantages of an efficient transportation route to the West and hydropower.  How this all came undone, and how both Upstate and Downstate have suffered since, was previously discussed in "What's the Fix for Upstate?"

If the shoe was on the other foot, what might an Upstate-controlled agenda look like?

1) Dissolve the Thruway Authority, eliminate all tolls north of I-287 by turning that portion over to NYSDOT and run it like the other interstates in NYS; and turn the remainder over to the NY / NJ Port Authority, and run that portion like other metro-area toll bridges and approaches. Upstaters were promised, when they controlled the Senate, that Thruway tolls would be removed when the construction bonds were paid off.  But even after being paid off TWICE (first, when US Sen. Moynihan secured a Federal payment for same in the 1980s, and again when they were actually paid off via tolls in 1996), a now reapportioned state legislature controlled by Downstate has not only continued tolls to this day, but also directed them to pay for the state's canal system (which helped NYC to grow) and for maintenance of Downstate's toll-free I-84.  While tolls in the high income metro area may be viewed as either a necessity or an annoyance, to Upstate they are death because they generally do not exist among Upstate's business competitors, burden Upstate's advantageous trade route, and are less affordable to Upstaters than their well-heeled Downstate counterparts.

2)  Require that regions generate most of their own electricity.  Because Upstate is rich in green hydropower resources, its electric rates should be less than those of its less-endowed competitors. Instead, rates are significantly higher owing to state policies that have shifted Upstate electric power into the metro area to lower costs there, mandated high-cost "green" wind and solar power alternatives, and directed closure of metro area generation facilities. If regions were required to develop their own electrical resources, localities could decide for themselves what mix of sources is best for them and what associated environmental impacts they are willing to tolerate.

3)  Require the State to pay its entire share of Medicaid rather than pass a portion of it on to counties where it shows up in Upstate's crushing property taxes. Alternatively, require the State to pay its entire share of Medicaid at the MINIMUM level of benefits and allow local municipalities to determine and pay for any supplemental services desired.  NY provides one of the nation's highest level of benefits. While Downstaters whine about their sky-high property taxes, they are not so bad when viewed as a percentage of property value (which represents accumulated wealth) .  In fact, given the extremely high property values in Manhattan, property taxes there as a percentage of property value are actually among the lowest in the nation. (See Why People Don't Come Here . . . By the Numbers).  With such low rates, Downstaters might feel generous when determining the kinds of benefits they want to provide to the poor via Medicaid.  However, most of Oneida County's budget consists of mandated Medicaid costs. The same is true for many Upstate counties.  Medicaid is the reason why tax rates are as high as they are Upstate. The highest property tax burdens in the nation, when calculated as a percentage of property value, are found in Upstate NY counties. Essentially, Downstate, via State government, has mandated that Upstate take money from the poor to give to the poor.  No wonder why Upstate cannot compete for jobs!

Removing Thruway tolls,  letting Upstate keep most of its hydropower energy, and having the State pick up its entire cost of Medicaid, would help Upstate become competitive again without the need for expensive specially targeted programs (Utica Nano, Buffalo Billion, etc.) that may or may not work and simply shift some monies from Downstate to particular Upstate localities.  You might think of other things to add to this agenda.

But these things won't happen because the people in control, Downstaters, come from a very different place economically. They don't readily comprehend how their well-intentioned policies have hurt Upstate, which is not just a supplier of natural resources and power generation for the City, and not just a repository for the City's garbage, but a place where people live, work, and raise families. 

Having an Assembly speaker from Upstate won't solve the problem, but it may, in a small way, help the Upstate perspective to be seen.

The Assembly should choose someone from Upstate to be its new speaker.

A Pattern of Duplicitousness . . .

Last year some of Rep. Hanna's duplicitous behavior was documented here.

Now,  the Vass Political Blog documents a pattern of duplicity.

For a clear picture of our representation in congress: Stop listening to what Mr. Hanna says, but instead, look at what he does.

No wonder why he did not want to debate his opponent in the last election cycle.