Thursday, December 6, 2012

Unpersuaded by Untruths and Bad Counsel

OP ED

There comes to hand Georgianna Grant’s vituperative letter in the November 29 issue of The Gazette. In this defamatory missive, she refers to “a small fearful group of Harmon naysayers and prophets of doom” and characterizes their Article 78 action as an “expensive trumped-up lawsuit against legitimate rezoning” and as an “arrogant and presumptive insult to the rest of us.” Any so-called “insult” to Croton’s citizens was committed by the Planning and Village Boards.
Mrs. Grant goes on to counsel the Village Board to “countersue the plaintiffs both collectively and individually and hold them responsible for obstruction of the duly authorized zoning change.”
Mrs. Grant was a longtime trustee and voted for passage of the ridiculous Gateway Law, which contains the patently impractical FAR (Floor Area Ratio) chosen by Mrs. Gallelli and blessed by the Planning Board. It literally brought new development in Croton to a standstill in the eight years since its passage.
One reason Mrs. Grant and others are anxious to silence opponents is that a principal provision of the Harmon mixed-use proposal is a face-saving correction of the embarrassingly gross FAR error.
The numbers of the group are not small but legion. Mrs. Grant is proof incarnate that no one succeeds in making fools of themselves quite like public officials who prodigiously alter the facts and then go on to dishonor themselves by dispensing bad counsel.
It so happens that an Article 78 action is the only remedy prescribed by New York State law for citizens aware that proper procedures have not been followed in the passage of legislation. It also so happens that the group Mrs. Grant so maliciously defames has thus far prevailed in their prosecution of the Article 78 action.
What appalls in such stuff is not only that her facts are wrong but that her advice is stupid. Mrs. Grant foolishly counsels the Village to violate the civil rights of members of the opposition group by means of punitive countersuits. The Constitution’s protections of freedom of expression are beyond dispute so universal as to shield members of the opposition group from special scrutiny and sanction.
In today’s highly litigious atmosphere, one hesitates to imagine the result if lawmakers were allowed to countersue with impunity those citizens who bring charges of misfeasance to the attention of the courts.
If Mrs. Grant is serious in her concern over the undisclosed cost of defending improperly drawn legislation, her advice should be for the Village to ensure that what passes for planning in Croton is properly drawn up as prescribed by law. The Village should also eliminate the wasteful spending on consultants hired so frequently at the drop of the proverbial hat. The $100,000 paid for the totally useless joke of a station garage feasibility study is a glaring case in point.

Wednesday, December 5, 2012

Article Index and Links


LATEST ARTICLES
Shadow vs. Substance
When a Village Administration Holds Its Citizens in Contempt
Unpersuaded by Untruths and Bad Counsel
Whither Westchester? Part 1: Irrational Complexity
Whither Westchester? Part 2: The High Cost of Villaging
One Weekend's Excellent Adventure: A Cautionary Tale
Going to the Dogs: Another Croton Folly


THE ANIMAL CRUELTY AS PUBLIC POLICY SERIES
A Naked Attempt to Politicize the Bow-Hunting Controversy
Conflicting Interests. Bullying and Official Cowardice
'There Is the Stench of Death About This Village Board'
The Truth About Bow Hunting
Butchers with Bows and Arrows
Don't Let Croton Become Westchester's Animal Cruelty Capital

OP ED
Shadow vs, Substance
When a Village Administration Holds Its Citizens in Contempt
Unpersuaded by Untruths, Rejecting Bad Counsel
Conscience and Cowardice in Croton
Farmers Market Chickens Come Home to Roost
Setting the Record Straight
A Call to Consumer Activism
It's about Time
Why the "Ins" Should Be "Outs"
Croton's Dubious and Costly Strategy of Delay
The Valor of Ignorance: Green Cheese, Gateways and Mixed Use
Croton’s Litany of Economic Body Blows
What’s Wrong with the Harmon Plan?
Bookstore No Cure for What Ails Croton
When Government Works Against a Community’s Best Interests
Strange Doings in the Name of Zoning
Painful Truths About Croton Planning
An Untapped Asset: Croton’s Rich History Could Be Its Salvation
Bob Elliott on Heritage Tourism
Putting the Gateway Law Under a Microscope
Mixed (Up) Use Coming to Harmon
The Natives Are Restless Tonight
The Coming Commercial Real Estate Disaster
Croton’s Cargo Cult Economics
Nothing Gained: A Critique of the Harmon Zoning Changes
Of Gimmicks and Slogans
Frankly, I’m Puzzled . . .

PLANNING The Backing-Into-Zoning-Change Series
Backing Into Zoning Change 1
Backing Into Zoning Change 2
Backing Into Zoning Change 3
Backing Into Zoning Change 4
Backing Into Zoning Change 5
Backing Into Zoning Change 6
Backing Into Zoning Change 7
Backing Into Zoning Change 8
Backing Into Zoning Change 9
Backing Into Zoning Change 10
Backing Into Zoning Change 11
Backing Into Zoning Change 12


PUBLIC DOCUMENTS (Large documents may take several minutes to load. Be patient.)
Judge Albert Lorenzo's Interim Decision EAF Assessment Form and Proposed Documents
In Their Own Words: The Complete Article 78 Exhibits
Let the Sun Shine In: The Haahs Station Parking Garage Contract
The Fat's in the Fire: Article 78 Petition and Memorandum

YOUR RIGHTS UNDER THE LAW
Frequently Asked Questions: The Freedom of Information Law
Frequently Asked Questions: The Open Meetings Law
Frequently Asked Questions: The Personal Privacy Protection Law

Tuesday, October 23, 2012

Empty Promises: The Bike Lane to Nowhere

OP ED

In what passes for planning in this benighted village, Croton is once again backing into a deal in which it lacks control of the ultimate cost or consequences.
I refer to the proposed drastic overhaul of Croton Point Avenue to solve a traffic problem that arises briefly five mornings a week and recurs on five evenings—the latter without the pressure of having to catch a train.
The plan sacrifices on-street parking for businesses on the north side of the avenue and designates a short bike lane of doubtful utility along the south side. Typically, no study or survey was made to determine (1) the effect of this arbitrary design on businesses or (2) the potential number of users of such a bike lane.
It is imprudent to spend huge sums and deny everyone the right to park on certain village roadways at any time to create a fragmentary bike lane for a tiny number of seasonally commuting bike riders.
The village board should consider several other suggestions made at the recent public information session about this project, many of which could alleviate the current situation without expending millions of residents’ tax dollars.
A dozen years ago, recuperating from replacement of both hips, I decided to return to biking to build up my thigh muscles. An experienced cross-country bicyclist in my younger years, I felt competent to resume the sport. I bought a sleek new bike and helmet and set off on a daily ride through Croton’s streets. My skills quickly returned, but I soon discovered hidden dangers.
Automobiles and bicycles are not a good mix on Croton’s narrow streets. Parked cars make it impossible for bicyclists to keep close to the right-hand curb. And Croton’s curbside drains can be lethal for narrow-tired bicycles. Even more threatening were boorish drivers who came up close behind me and sounded an impatient peremptory blast of their horns for me to get out of their way.
The greatest threat came from drivers who lacked the ability to pass a moving bicycle without endangering the rider. After a couple of scary close calls with side mirrors, I decided to resume stationary biking at the Premier Athletic Club.
Many states and communities have passed bike laws that define bicycles as vehicles with rights to the roads and set reasonable rules for bicyclists and motorists. Colorado’s bike law, for example, requires drivers to pass bicycles no closer than three feet. The League of American Bicyclists recommends four feet.
Before it attempts to encourage biking by scattering unconnected stubs of bike lanes around willy-nilly, Croton should give some thought to protecting bikers from motorists or from themselves. New York’s rudimentary helmet law, for example, only requires that a helmet be worn by cyclists under thirteen years of age.
It should also make provision for theft-proof storage of bicycles. Readers of the Croton police blotter in The Gazette well know how risky can be daily parking of a bicycle at the station.
                                                                                                                       
                                                                            

Saturday, March 17, 2012

Conscience vs. Cowardice in Croton

OP ED

The explosion of outrageous blog comments by pseudonymous individuals is changing the public face of America and rapidly becoming a public scandal.
Initially, the Internet and the World Wide Web were welcomed as tools for instantaneous communication. In addition to speed and ease of messaging, they offered one other giant advantage.
From behind the shield of an anonymous communication, employees in government or business could report abuses or criminal activity and become whistle-blowers without fear of retaliation.  
Unfortunately, that bright hope largely failed to materialize. Instead, blogs, particularly those in smaller communities, have become cluttered with anonymous outpourings of denunciatory or abusive language. Almost laughably, insensitivity reaches an all-time apogee when bloggers extend condolences to bereaved family members and sign them anonymously with their pseudonyms.
Anonymity has played a distinguished role in our history. In 1787, as the new nation was writing its constitution, anti-Federalists using the pen names “Cato” and “Brutus” opposed it in letters to newspapers.
A flood of rebutting letters appeared in support of the proposed constitution, all signed “Publius.” Their authors are now known to have been Alexander Hamilton, James Madison and John Jay. Eventually, a total of 85 letters were written under the Publius pseudonym. Unlike today’s unsigned blog comments, these were each carefully reasoned missives.
Today’s anonymous comments resemble a different breed of cat: namely, the old-fashioned poison-pen letter. The bane of small-town living, the classic poison-pen letter usually contained abusive, malicious or libelous statements and accusations about the recipient or about third parties.
Sad to say, judging by the comments on some blogs, America has become a nation of anonymous cowards hiding behind pseudonyms and assailing the character of their neighbors in electronic equivalents of the poison-pen letter.
The presumed shield of anonymity in such comments, however, is illusory. Three points should be remembered: (1) Electronic communications are forever and contain identifying marks that can be traced back to the originating computer. (2) Victims of electronic libel can easily sue for sizable damages and uncover the identity of the perpetrator by court order. (3) Anonymous bloggers who make libelous defamatory statements are foolishly putting their homes, bank accounts, automobiles and other valuable assets at risk.

The Scoop on “Scoop”
Using the Croton forum originated by the former North County News, someone in Croton hiding his identity behind the pseudonym “Scoop” has busied himself for the past year making scurrilous attacks on certain persons who are unhappy with the current village administration.
“Scoop’s” pseudonym is aptly chosen and fits the content of his comments. In our household, a scoop is used to pick up dog droppings. His male gender is confirmed by his harsh attacks on the opposite sex and his reference to them as “Ladies.” We can add “thief” to “Scoop’s” coward label. His newly adopted self-laudatory slogan, brazenly pilfered from the Fox News Network, is “Scoop reports. You decide.”
Two women, Pat Moran and Roseann Schuyler, have become repeated victims of “Scoop’s” vociferous defamatory attacks because of their campaign for greater openness in local government. Croton’s current administration is notorious for delaying responses to lawful requests for information and for exhibiting an extremely patronizing attitude toward residents.
The vehemence of “Scoop’s” contemptuous attacks on the Mses. Moran and Schuyler suggests malice, an important element in libel. His dogged persistence suggests that he is also guilty of cyberstalking and cyberbullying.
 His choice of victims reveals the abysmally low level of his self-protective instincts. “Scoop,” who probably couldn’t find his way to the nearest courthouse, has imprudently libeled two persons who are not only well-versed in the law but who have the added advantage of possessing the lawyer’s shingle.

“Scoop’s” Imaginary Silent Majority
More recently, “Scoop” launched an almost daily series of whining complaints about two local blogs that decline to publish his deprecatory comments. His claim is that unless these blogs accept his anonymous comments, they are only publishing “propaganda.”
In “Scoop’s” tiresome bleats he claims to speak for, or at the request of, Croton’s “silent majority,” a term widely used during the latter part of the 19th century as a euphemism for the honored dead of the Civil War. It was appropriated by Pres. Richard Nixon in a speech on Nov. 3, 1969, in which he said, "And so tonight to you, the great silent majority of my fellow Americans, I ask for your support."
Nixon's use of the phrase was an attempt to apply a label to those who shared his insecure fears and anxieties. His “silent majority” was largely made up of the dwindling number of Americans that supported the Vietnam War and did not participate in public discourse. Arrayed against such types was the other group, which included highly vocal students on college campuses, intellectuals, professionals and liberals.
“Scoop's” reference to Croton's silent majority is amusing. Apparently, he is unaware that both the concept and phrase are long since passé. Nixon’s silent majority of the 1960s was supplanted in the 1970s by "the forgotten middle class," by "angry white males" in the 1980s, by "soccer moms" in the 1990s, and by “NASCAR dads" in the 2000s.
Given the ubiquity of computer usage, it is hard to conceive of anyone in Croton so unable to communicate as to require the intercession of “Scoop.” Since the only genuinely silent majority in Croton lies in Bethel Cemetery, this benighted individual must be communicating with them by using a spirit medium.

Garrulous and Contentious
Croton is not only electronically the most voluble community in upper Westchester and southern Putnam counties; it is also the most conflict-ridden. Consider the following statistic. In October of 2007 the now-defunct North County News opened a series of local forums to replace its existing blog, then called the Blog Cabin. In the four and a half years since their inception, the forums of the municipalities of Cortlandt, Katonah, Ossining, Peekskill, Pleasantville, Putnam Valley and Yorktown have each racked up less than a hundred comments. Chappaqua and Mount Kisco originated no comments at all.
Contrast these low numbers with the Croton forum's astronomical output. In the same period, its contributors have posted close to 28,000 individual comments--a staggering statistic. Although many of these comments were public service messages, a major portion of the anonymous remarks are disparaging and intimidating personal attacks. Could there be something in Croton’s famous water that causes such venomous prolixity?
The sheer volume and intensity of deleterious comments must surely have an economic impact. Imagine the reaction of someone contemplating the purchase of a home in Croton or starting a retail business here and who stumbles on this outpouring of anonymous hate mail. The most likely outcome would be an instant decision not to move into such a squabbling community.
“Scoop” recently added a postscript to his repetitious demands for access to space on which to comment. It reads, In addition, the Silent Majority has asked me to add Robert Scott's Croton Local to the list of blogs that need to open up commenting.”
“Scoop’s” complaint is that unless these blogs accept his corrosive anonymous comments, they are only publishing “propaganda.” I would remind readers in general, and “Scoop” in particular, that no responsible newspaper will publish unsigned and anonymous letters to the editor for a very sound reason. Any newspaper or other medium that publishes defamatory statements can be found as guilty of libel as the author of those statements.
Mutual respect and civility are the cement that binds the disparate parts of our society together. If “Scoop” and other cowardly types who cloak themselves in the thin garment of anonymity would append their names to their bitter opinions and stop sailing under false colors, Croton could return to being a community in which adults do what we teach our children to do: take responsibility for their actions.

The Last Word
Croton Local is a journal of fact and opinion, my journal and my opinion, tinctured with a natural skepticism that has never descended to cynicism. I have no intention of opening its pages to every anonymous windbag and electronic bully that wants in.
I say to “Scoop” anent his demand for space to attack me in my own blog: You’ll get no free ride here. This is one party you are not going to crash. If dialogue is what you seek, I suggest that you head for a local pub.
And please stop your anonymous whining and your cowardly skulking around in the shadows. You give Croton a bad name. If certain Croton blogs make you squirm, there’s an easy solution: Go elsewhere for your reading matter. Alternatively, start your own blog.

Monday, March 5, 2012

Farmers Market Chickens Come Home to Roost

OP ED

      Our society has come up with too few improvements in the way it manages to govern, but it has marvelously perfected, while simultaneously coarsening, the techniques by which it insults the governed.
One of these is to simply deny the reality of the experience of its citizens, ignore their concerns and override their warnings. In a bare majority opinion, members of Croton’s planning board on January 10 encouraged the village board to approve a special permit for an indoor farmers market while voicing relatively mild concerns about parking and the impact on existing businesses.
Certain planning board members unequivocally expressed the personal opinion that an indoor farmers market within 200 feet of Zeytinia represented no competition and that adequate parking space would be available. One has to wonder how familiar they are with Croton’s checkered retailing history and whether they would express a similar opinion if someone wanted to open a hardware store a few doors from Croton Hardware.
Although the village code lists the situations in which a special permit must be obtained, it makes no mention about the scope or content of special permits. The only stipulation in the special permit granted to Community Markets, Inc., is designation of the area where employees must park. Yet nothing is said about the unloading (and re-loading) of produce from vendors’ trucks, the nature of the goods to be sold, and similar considerations.
More important, given the copious concerns expressed about economic impact and parking congestion, the village board foolishly failed to reserve the right to terminate the special permit at its discretion. Croton’s existing tax-paying merchants who deserved the village board's protection and the ignored public have again suffered from casual, tin-eared government.
One aspect of Croton's special permit process is questionable with respect to its propriety if not its legality:  Its practice of drawing up the text of a resolution of approval in advance of the special permit hearing. This ad hoc, one-size-fits-all resolution then becomes part of the special permit package handed to trustees in advance of the hearing. In other words, Croton will listen to citizens’ comments, but doesn’t give a damn about what they say. Its mind is made up in advance.
At the village board meeting of February 6, strident cautions were voiced by the public and by two trustees. Eloquently characterizing the proposed action as “parachuting in a supermarket,” trustee Casey Raskob broke ranks and joined a furious former mayor Gregory Schmidt in opposing the special permit. Trustees Galelli and Murtaugh, champs at rubber-stamping, predictably voted in favor of granting the special permit.
With the trustees deadlocked, Mayor Wiegman stepped in and voted in favor of issuing  the faulted special permit for the operation of a farmers market in the former Blockbuster store on Saturdays between February 11 and May 26, 2012. This vote makes him solely responsible for the shoehorning of a large group of unmistakably competitive retailers into this mini strip mall, already a planning abortion and a parking nightmare. In the face of this doubtful honor, one has to wonder how the mayor has the gumption to shop anywhere in Croton. Undoubtedly, voters will remember this should he have the temerity to run again.
Interviewed by Journal News reporter Robert Marchant for a March 4 story on the growing imbroglio, trustee Ann Galelli acknowledged the problem and, in a rare moment of candor for a politician, admitted responsibility. “We have to look into the nitty-gritty. We’ll explore everything, look into what’s in the leases, maybe street parking, whether there’s room for additional parking spaces.”
 “Exploring everything, looking into the nitty-gritty, what’s in the leases and whether there’s room for additional parking spaces” are the very heart of the matter. Ms. Galelli unwittingly ticked off the practical details that should have been specifically explored by the mayor and his cohorts before they rubber-stamped the now-embarrassingly toothless special permit.
As the putative author of the 2004 Gateway Law, perhaps Ms. Galelli would also oblige us and explain why that overtly anti-business law, which is still very much on the books, specifically bans parking lots anywhere in a Croton that sorely needs all the parking space it can muster.
In the meantime, bottom-line damage to local merchants and insult to the public weal continue apace every Saturday until May 26. Shame on those responsible for such a shabby, bottom-drawer performance. The only wisdom to come out of this unfortunate incident is its revelation of the doubtful protection afforded by special permits, especially those granted by tone-deaf public officials.

Friday, February 24, 2012

Setting the Record Straight

OP ED

The distortions of truth engaged in by proponents of zoning change in Croton are beyond belief and merit the attention of a truth squad. I will here attempt to perform that office.

In a letter to the editor in the February 22nd issue of The Gazette, one Virpi De Marchis, by admission not a resident of Harmon, bemoans its appearance and cites "abandoned buildings, wrecked cars, and vacant lots that not only look awful, but are lowering property values in the surrounding area.”

She continues: “Lower property values mean lower school tax revenue, which ultimately will lower the quality of our schools." This is arrant nonsense and reveals a willful distortion of the facts. I live in Harmon and know of no abandoned buildings.

As for the "wrecked cars," the Village itself is responsible for the storage in Harmon of vehicles involved in accidents. Croton could easily find a less visible site for the impoundment of such inoperable vehicles. This is an excellent example of this Village Board’s ability to speak out of both sides of its mouth. The impoundment is a violation of the Village’s own Gateway Law.

And as for empty lots, since when is undeveloped land an eyesore and government's responsibility?

Ms. De Marchis is obviously ignorant of the steps involved in determining school tax revenues. (1) The school district develops and adopts a budget reflecting future needs. (2) Revenues from sources other than the property tax (state aid, etc.) are subtracted from the budget. The remainder becomes the tax levy, which is raised through the property tax. (3) To determine the tax rate, the tax levy is divided by the total taxable assessed value of all property in the school district. Temporary up-or-down fluctuations in property valuations  in a neighborhood are not reflected by changes in individual tax assessments.

Hitler knew the value of the “big lie.” Another big lie frequently used by proponents of Harmon zoning changes is the charge that in engaging in court actions, opponents of the legislation are guilty of barratry--persistently instigating groundless lawsuits designed to bleed Croton white with legal fees.

It so happens that the actions brought are specified by law as the proper avenues to challenge the Village’s frivolities. Avoidance of so many blatant errors by Croton would have made citizen action unnecessary.

Those of every political stripe who oppose the misguided zoning changes have done nothing to disgrace Croton by pointing out the many errors committed in the name of planning. Yet, by its disastrous legal maneuvering and by opposing its own citizens so patronizingly, Village Board members have managed to do everything possible to disgrace themselves.



Saturday, February 11, 2012

A Call to Consumer Activism

OP ED

Croton's irrationally unbalanced administration speaks from both sides of its mouth. One side pretends to be concerned about the commercial health of the community's businesses. The other side repeatedly announces that the Village has made sweetheart deals that fundamentally damage the very businesses it claims to be its primary concern.

A case in point is the so-called winter farmers market about to open on Saturdays in the former Blockbuster store in the cramped little strip mall adjoining the earlier Z-shaped Van Wyck mall. There cannot be a more unseemly and inappropriate time or place for such an establishment in Croton. Navigating that strip mall’s tight little parking area requires nearly professional driving skills.

Croton residents looking for a way to express their displeasure at the high-handedly precipitous granting of a special permit based on no research by the Village can use the powerful weapon of the boycott. This would also demonstrate support for the taxpaying local retail businesses damaged by the Village's irresponsible action.

The boycott takes its name from Capt. Charles Boycott, a land agent for absentee landlords in Ireland. In 1880, after evicting tenant farmers from lands he controlled in western Ireland he attempted to recruit local farmers to harvest his crops. They refused and Boycott was forced to bring in workers from Northern Ireland. He also brought in police, but predicted violence never occurred. In the end, Boycott spent 10,000 Pounds to harvest 500 Pounds worth of crops. Irish nationalist leader Charles Parnell quipped that “it cost one shilling for every turnip dug from Boycott’s land.”

Extended boycotts have a long and honorable history, including the boycott of British goods by colonists during the American Revolution a century before and the boycott of British textiles led by Mahatma Gandhi in the 1920s. Gandhi also advocated that Indians spin their own yarns to make cloth. Other notable boycotts include the year-long Montgomery, Alabama, bus boycott in 1956 and the grape and lettuce boycotts led by Cesar Chavez in the 1970s. Notable, too, was the US-led boycott of the summer Olympic Games in Moscow in 1980

As a form of protest, the boycott is legal under common law and. can be highly effective. Abstaining from patronizing the farmers market by consumers and supporting established local businesses would also send an unambiguous message to Croton’s duplicitous administration.