Your Rights Under the Law

Frequently Asked Questions About the Freedom of Information Law

Who is subject to the Freedom of Information Law?
Any New York State or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function is subject to the Law. Each of those governmental entities is an "agency." The courts are outside its coverage but often must disclose records under other provisions of law. The State Legislature is covered by the Freedom of Information Law, but is treated differently from agencies generally. Private corporations or companies are not subject to the Freedom of Information Law.

Who is required to receive and respond to requests via e-mail?
Every agency subject to the Freedom of Information Law, provided that it has the ability to receive requests for records from the public and transmit records by e-mail.

To whom should I direct my request?
A request should be directed to the "records access officer" of the agency, the person having the duty of coordinating an agency's response to a request. The request should reasonably describe the records in sufficient detail to enable the agency staff to locate the records. If the agency employs e-mail, an e-mail request may be made to the e-mail address designated by the agency for such purpose. The subject line of the e-mail should be clearly marked "FOIL Request." Be sure to retain a dated electronic or paper copy for your records.

What information should I ask for ask for and what format should my request use?
The following is a suggested format. Delete any portions that do not apply:

TO: Records Access Officer:
(1) Please e-mail the following records, if possible (include as much detail about the record as possible, such as relevant dates, names, descriptions, etc.) :
(2) Please indicate the appropriate time during normal business hours for inspecting the following records prior to obtaining copies (include as much detail about the records as possible, including relevant dates, names, descriptions, etc.) :
Alternatively: Please tell me the cost of providing paper copies of the following records (include as much detail about the records as possible, including relevant dates, names, descriptions, etc.).
(3) If only certain portions of the requested records can be e-mailed to me, please reply by e-mail and indicate which portions that can be emailed and tell me the cost for reproducing the remainder of the records requested .
(4) If the requested records cannot be emailed to me due to the volume of records identified in response to my request, please tell me the actual cost of copying all records onto a CD or floppy disk.
(5) If my request is too broad or does not reasonably describe the records, please indicate in an e-mail what additional information you need. If appropriate, please tell me how your records are filed, retrieved or generated. If I must modify my request, please notify me by e-mail or by telephone at the following number (show phone number here).
If, for any reason, any portion of my request is denied, please tell me the reason for the denial in writing and provide the name, address and e-mail address of the person or agency to whom I should direct an appeal.
Name:
Address (if records are to be sent by mail).

What records are available?
All records are available, unless an exception allows an agency to deny access. Most of the exceptions are based upon the potential for harm that would arise from disclosure of the records. If such disclosure would be damaging to an individual or preclude a government agency from carrying out its duties, it is probable that some parts of the records may be withheld. Not all records are maintained electronically, and some records that are maintained electronically may not be available in a particular electronic format.

How long must I wait to get access to records?
When an agency receives a request, §89(3) of the Freedom of Information Law requires that it has five business days to grant or deny access in whole or in part, or if more time is needed, to acknowledge the receipt of the request in writing. The acknowledgement must include an approximate date indicating when an agency will grant or deny the request. The date must be reasonable under the circumstances of the request, and in most instances, it cannot exceed twenty additional business days. If more than 20 additional business days are needed, the agency must provide an explanation and a firm date within which it will grant or deny the request in whole or in part. That date, too, must be reasonable in consideration of the facts (i.e., the volume or complexity of the request, the need to search for records, or the obligation to review records to determine rights of access).

Because an electronic request may be sent at any time of the day or night, for purposes of determining the date of receipt and the required response time frame, an e-mail request is determined to have been received on the first business day on which it was received during normal business hours. For example, if an email request is sent at 6 p.m .on Tuesday, it is deemed to have been received at 9 a.m. on Wednesday.

A failure to comply with any of the time limitations imposed by law would constitute a denial of a request that may be appealed in accordance with §89(4)(a) of the Freedom of Information Law. That provision states that an appeal must be made within 30 days of the denial. The appeal should be made to the person designated by the agency to determine appeals or the chief executive of the agency.

The agency is required to respond to the appeal within ten business days of the receipt of the appeal by granting access to the records or fully explaining the reasons for further denial in writing. If a determination on the appeal is not rendered within ten business days, the failure to do so constitutes a denial of the appeal. In that circumstance, you may initiate a proceeding to challenge the denial of access under Article 78 of the Civil Practice Law and Rules.

How much can I be charged for public records?
An agency may charge up to twenty-five cents per photocopy not in excess of nine by fourteen inches, or in the case of records that cannot be photocopied, the actual cost of reproduction (for example, photographs, computer discs, tape recordings, etc.), unless otherwise prescribed by statute. With few exceptions, an agency cannot charge for search or clerical time. An agency cannot charge for records transmitted via email.

Can I inspect records instead of paying the fees?
Yes. Any person has the right to inspect accessible records at no charge. If portions of the records may be withheld, however, the agency is permitted to require payment for redacted copies of records. If portions of electronic records can reasonably be redacted electronically, prior to disclosure, no payment can be required.

Does the Freedom of Information Law apply to computer records?
Yes. The term "record" is defined to include all information kept, held, filed, produced or reproduced by, with or for an agency, in any physical form whatsoever. Therefore, the Freedom of Information Law clearly applies to government records generated, received or maintained electronically.

Do I get to choose in which electronic format the records are sent?
If an agency has reasonable means to convert accessible records from one electronic format into another more desirable format, it must do so at your request.

Do I have to state a reason why I want public records?
No. A person requesting records cannot be required to provide a reason or indicate the intended use of the record might be. The only exception is if the purpose of a request is relevant is for a list of names and residence addresses. Only then is the agency authorized to seek assurance that the list will not be used for commercial or fund-raising purposes. The agency can deny access if it determines that a list will be used for those purposes.

I asked a local government official a question about his office, but he didn't answer. What can I do to make him answer?
The Freedom of Information Law pertains to records. It is not intended to be used as a vehicle for cross-examining government officials or employees. Therefore, an agency is not required to answer questions or to create a new record in response to questions. While agency staff may answer questions--and many do--that kind of service is independent of the requirements of the Freedom of Information Law, which deals with requests for existing records.

Do I have a right to know how government spends money?
Yes. Records reflective of government expenditures are generally available. Also, every agency is required to create a payroll record which indicates the name, public office address, title and salary of every officer or employee of the agency.

Can an agency deny my request because it is too broad or too vague?
Yes. An agency may reject a request that does not "reasonably describe" records. If the request is too vague to answer, the agency must seek clarification of the request, and when appropriate, indicate the manner in which records are filed, retrieved or generated. Also, the nature of an agency's filing or record retrieval system is relevant to whether a request reasonably describes records. If locating a record involves the equivalent of searching for "a needle in a haystack," the request may not reasonably describe the record. In that event, you should ask the agency for specific information about how its records are kept or filed.

Your Rights Under the Law

Frequently Asked Questions About the Open Meetings Law

What is a meeting?
The term "meeting" is defined as "the official convening of a public body for the purpose of conducting public business." As such, when a quorum (a majority of the membership of a public body) gathers for the purpose of discussing public business, the meeting must be convened open to the public, whether or not there is an intent to take action and regardless of the manner in which the gathering may be characterized.

Who is covered by the Law?
The Open Meetings Law applies to "public bodies." That term is defined to include entities consisting of two or more people that conduct public business and perform a governmental function for New York State, for an agency of the state, or for public corporations, such as cities, counties, towns, villages and school districts. Committees and subcommittees of these entities are also included within the definition. Consequently, city councils, town boards, village boards of trustees, school boards, commissions, legislative bodies, and committees and subcommittees consisting of members of those groups all fall within the framework of the Law.

How do I know if a meeting is going to be held?
The Law requires that notice of the time and place of all meetings be given prior to every meeting. If a meeting is scheduled at least a week in advance, notice must be given to the public and the news media not less than 72 hours prior to the meeting. When a meeting is scheduled less than a week in advance, notice must be given to the public and the news media "to the extent practicable" at a reasonable time prior to the meeting. Notice to the public must be accomplished by posting in one or more designated public locations.

I attended a meeting; and the public body closed the meeting to the public, citing "personnel matters." Is this legal?
The Law provides for closed or "executive" sessions under certain circumstances prescribed in the Law. It is noted that an executive session is not separate from an open meeting but rather is a portion of an open meeting during which the public may be excluded. The Law requires that a public body take several steps to close the meeting. First, a motion must be made during an open meeting to enter into executive session; second, the motion must identify the general area or areas of the subject or subjects to be considered; and third, the motion must be carried by a majority vote of the total membership of a public body.

Citing "personnel matters" is not a sufficient ground for going into an executive session. The motion to go into executive session should be more specific. For example, a motion could be made to enter into executive session to discuss "the employment history of a particular person." The person would not have to be identified.

It is important to point out that a public body cannot vote to appropriate public monies during a closed session. Therefore, although most public bodies (except school boards in most instances) may vote during a properly convened executive session, any vote to expend public monies must be taken in public. The Law also states that an executive session can be attended by members of the public body and any other persons authorized by the public body.

Can I speak at a meeting?
The Law is silent with respect to public participation. While it has been advised that a public body does not have to allow the public to speak, many choose to permit public participation. In those instances, it has been advised that a public body must treat all persons in a like manner. For example, the public body can adopt reasonable rules to ensure fairness; i.e., allowing those who want to speak a specific period of time to express their views.

I requested minutes of a village board meeting and was told that I could not have them until they were approved. Is this right?
No. The Law states that minutes of open meetings must be made available within two weeks of the meeting. Minutes of executive sessions must be made available within one week of the executive session. It has been suggested that if the minutes have not been approved, they may be marked "draft," "unapproved," or "non-final" when they are disclosed.

Your Rights Under the Law

Frequently Asked Questions About the Personal Privacy Protection Law

Is there a central source or one state agency that keeps all the information about me?
No. There is no databank or agency that collects or maintains all government information about an individual. If you believe that a state agency maintains records about you, you can request them from the records access officer or privacy compliance officer at the agency.

When I find the agency that has records on me, can I just ask for all the records? It depends. Like the Freedom of Information Law, the Personal Privacy Protection Law requires that an applicant reasonably describe the records sought. Therefore, a request should include sufficient detail (i.e., name, address, date of birth, identification number, descriptions of events or occurrences, etc.) to enable agency staff to locate and identify the records.

Can I obtain all records that the state has about me?
Not necessarily. While a person (or "data subject") requesting records about himself or herself generally has rights of access to those records, there are some exceptions. For instance, the Personal Privacy Protection Law does not give an individual rights of access to law enforcement records when disclosure would interfere with an investigation. Also, rights of access conferred by that law do not extend to records about inmates or parolees. They do apply to convicted sex offenders upon completion of their terms.

What if I obtain a record about myself and it contains inaccurate information? You have the right to ask for an amendment or correction of the record. If the agency disagrees with your contention, you can write a "statement of disagreement" that must accompany the record if it is disclosed.

Can one state agency get whatever records it wants about me from another state agency?
Probably not. The Personal Privacy Protection Law prohibits the disclosure of personal information without the consent of the data subject, unless an exception listed in the Law authorizes disclosure.

Can state agencies collect whatever information they want about me before I can receive a government service?
No. State agencies can collect personal information only to the extent that the information is needed for some legal purpose.

Let the Sun Shine In: The Haahs Station Garage Contract

PUBLIC AFFAIRS

On September 21, 2009, Croton's Village Board directed the Village Manager to accept the proposal of Tim Haahs Associates to explore the feasibility of erecting a parking garage/retail complex at the Village's parking lot at the Croton-Harmon station at a cost of $97,000. On September 23, the proposal was formally accepted by the Assistant Village Manager. No changes had been made by the Village nor was any delivery date negotiated.

This contract has never been made available on the Village's site. It is Croton Local's considered judgment that letting the sun shine in on municipal affairs never did any harm. With that in mind, we have posted a copy of the Tim Haahs Associates contract. You can find a link to it at

http://www.scribd.com/doc/28911467/Station-Parking-Garage-Contract

The Fat's in the Fire: Article 78 Documents

PUBLIC DOCUMENTS

As a public service, Croton Local has posted the texts of the Article 78 Petition and Memorandum calling for the annulment of the recent changes enacted in Croton's Zoning Code.

These can be found at the following links:

http://www.scribd.com/doc/28853558/Petition

http://www.scribd.com/doc/28853934/Memorandum

These are large documents. Please be patient while they load.

Whither Westchester? Part 2: The High Cost of Villaging

CURRENT AFFAIRS

Westchester residents pay the highest taxes of any county in the United States. That’s an incontrovertible fact. Why this is so—and why residents do nothing about it—is less easily understood. Many Westchester residents pay four levels of taxation. Croton is one of the communities that levels an extra layer of taxes as a result of having been incorporated as a village in 1898.

The impact of the four layers of taxation is acknowledged in the February 2010 Newsletter published by the Village of Croton-on-Hudson and intended to keep residents informed: “The property taxes each Village resident pays during the year are distributed to four entities--the School District, the Village (of Croton-on-Hudson), the Town (of Cortlandt), and the County (of Westchester).

“The amount of your School, Town and County tax bill is based upon the Town’s assessment of your property value. Your Village tax bill is based on the Village’s assessment of your property. Village taxes are the second largest component of your yearly taxes, with the School taxes being first and the County and Town taxes representing smaller portions.”

The most significant piece of information in the above extract is: “Village taxes are the second largest component of your yearly taxes.”

In 1788, there were twenty towns and no incorporated villages and cities in the newly constituted Westchester County. Today there are nineteen towns plus twenty villages in eight of these towns, and six cities independent of the towns. Three of the nineteen towns have organized themselves as anomalous town/villages, usually for political advantage.

One of the consequences of municipal incorporation is that every village soon acquired the appurtenances of business corporations—including an elaborate management structure. In fact, the heads of incorporated villages were originally called “President” until the title of Mayor was adopted, in part to avoid confusion.

Council-Manager GovernmentMore recently, Croton adopted the council-manager form of government, an outgrowth of government practices of the late 1800s and early 1900s. when political “machines” blighted municipalities with the abuses of the Spoils System (“to the victor belongs the spoils”). Under the council-manager system, all governmental authority rests with the board of trustees,
except for certain duties that are assigned by law to the manager. However, the manager is hired by and can be dismissed by the entire board.

Under the council-manager form of government the body called city council or village council, board of selectmen or board of trustees) is responsible for the legislative function of the municipality such as establishing policy, passing local ordinances, voting appropriations, and developing an overall vision for the city, town, or county. The elected body appoints a manager to oversee the administrative operations, implement its policies, and advise it. If the position of mayor exists, the duties are usually primarily ceremonial.

Although the popularity of council-manager government has continued into the 21st century, the system as practiced has changed over time, particularly in communities that have grown more politically contentious. Their elected officials increasingly see themselves as political activists responding to a constituency and resolving civic issues rather than as trustees performing a public service and simply identifying the issues to be studied regardless of any political agenda, as in the traditional model.

The High Cost of Villaging
The chief disadvantage of municipal incorporation is that it is both expensive and duplicative. A string of villages stretches along the Hudson between Yonkers and Peekskill. Anyone driving north along the old Albany Post Road that links these villages is hard-pressed to discern where one village leaves off and the next village begins. so uniform are they in the aspect they present to a motorist driving through. Each is also top-heavy with management superstructure and identical police, fire, garbage collection departments and equipment. One of these, Croton-on-Hudson, is a typical example of the council-manager form of government. The four members of the village’s board of trustees earn $3,000 annually for their services. The mayor is paid $5,000 annually. The disparity between policy-making village board salaries and that of the policy-executing village manager is startling ($17,000 vs. $160,000). Let us now examine the true cost of managing as exemplified by the annual salaries of Croton’s village management under this system. (Please note that this study is directed solely at job titles, not individual occupants of any job.)

Village Manager $160,000
Assistant Village Manager 93,215
Village Treasurer 108,150
Village Clerk 82,400
Deputy Treasurer 77,250
Deputy Village Clerk ­­ 45,000

The total of all these salaries is $566,015--well over a half-million dollars.

Croton is a village with a population of slightly less than 8,000 persons. If we now compare these salaries to a reasonable public service salary yardstick—the salaries of the governors of the fifty states, a surprising statistic emerges The village manager of Croton-on-Hudson earns more than the governors of 44 states! Just to put this statistic in perspective, the salary of the village manager of the village of Croton-on-Hudson is larger than that of the governors of such important states as Illinois (pop. 12.9 million); Washington (6.6 million); Connecticut (3.5 million); Maryland (5.7 million); Ohio (11.5 million); Massachusetts (6.5 million); and 37 other states. (Only the governors of California, New York, Michigan, New Jersey, Virginia and Pennsylvania are paid salaries larger than Croton’s village manager.) Croton’s assistant village manager earns more than five governors in the U.S. Even Croton’s deputy treasurer makes more than the governor of the state of Maine. The following table tells the story.

Table 1: Salaries of U.S. Governors vs. Croton Management
California: $206,000
New York: $177,000
Michigan: $177,000
New Jersey: $175,000
Virginia: $175,000
Pennsylvania: $164,396
CROTON VILLAGE MANAGER: $160,000
Illinois: $155,600
Washington: $150,595
Connecticut: $150,000
Maryland: $150,000
Ohio: $144,830
Vermont: $143,957
Nevada: $141,000
Massachusetts: $140,535
Oklahoma: $140,000
Kentucky: $137,506
Wisconsin: $137,092
Georgia: $135,281
Florida: $132,932
Delaware: $132,500
North Carolina: $130,629
Iowa: $130.000
Mississippi: $122,160
Minnesota: $120,303
Missouri: $120,087
Rhode Island: $117,817
Texas: $115,345
Alabama: $112,895
Hawaii: $112,000
New Mexico: $110,000
New Hampshire: $108,890
CROTON VILLAGE TREASURER: $108,150
South Carolina: $106,078
Kansas: $105,889
Idaho: $105,560
South Dakota: $105,544
Nebraska: $105,000
Wyoming: $105,000
Utah: $104,100
Montana: $96,462
Arizona: $95,000
Indiana: $95,000
Louisiana: $95,000
West Virginia: $95,000
Oregon: $93,600
CROTON ASSISTANT VILLAGE MANAGER: $93,215
North Dakota: $92,483
Colorado: $90,000
Tennessee: $85,000
CROTON VILLAGE CLERK: $82.400
Arkansas: $80,848
CROTON DEPUTY VILLAGE TREASURER $77,250Maine: $70,00

How does the salary paid to Croton’s village manager stack up against salaries paid by other villages for the same job? Table 2 below shows the comparison. Note that the title may vary between village manager and village administrator in these figures arranged in ascending order.

Table 2. Salaries Paid to Village Managers
Dobbs Ferry: $79,029 (VC)
Buchanan: $110,902 (VM, VC, VT)
Briarcliff Manor: 116,966 (IVM)
Tarrytown: $120,184 (VA)
Ardsley: $130,534 (VM)
Elmsford: $135,000 (VA, VC)
Irvington: ($138,000 (VA)
Pelham Village: $142,225 (VA)
Pleasantville: $144,371 (VA)
Hastings: $157,188 (VM)
Ossining: $160,000 (VM)
Croton-on-Hudson: $160,000 (VM)
-------------------------------------------------
Title Code: IVM=Interim Village Manager; VA=Village Administrator; VC= Village Clerk; VM=Village Manager; VT=Village Treasurer.

Expressed in practical terms. Croton’s village manager’s salary costs every man, woman and child in Croton $20.20 each year. In terms of the cost per household, the figure is $54.96. Interestingly, Croton (pop. 7,919) pays the same salary ($160,000) to its village manager as Ossining, where the population (23,920) is three times larger. Croton’s per capita annual cost to residents for its village manager is $20.20; Ossining’s is a mere $6.59. Neighboring Buchanan’s village manager performs the additional functions of village clerk and village treasurer for a total salary of $110.902. Croton spends $350,550 for three persons to perform these same functions.

Village vs. Hamlet or CDP?The inevitable question becomes, “What do villages offer that other communities such as unincorporated hamlets and CDPs (Census-Designated Places) do not offer?” The answer is, “Little to nothing.” The community in Westchester whose junior and senior high schools are consistently chosen as “best in Westchester” by U.S. News & World Report is not Croton but Edgemont. Before you say, “Edgemont—never heard of it,” you should know that Edgemont is an unincorporated hamlet in the town of Greenburgh, and has no top-heavy village superstructure and extra layer of village taxation.

Similarly, the community to which Croton residents most often move for its quality of life and school system is Chappaqua. Again, Chappaqua is an unincorporated hamlet, not a village--but that only increases its attractiveness as a community, and removes the layer of village taxation.

Then there’s affluent Katonah, one of three unincorporated hamlets in the town of Bedford, and a destination for those seeking more-expensive homes. According to the Coldwell Banker Home Price Comparison Index, Katonah ranked as the most expensive housing market surveyed in New York. In the tri-state area, it is only surpassed by Greenwich, Conn., and Ridgefield, N.J. As residents of a hamlet, those who live in Katonah don’t have to worry about an annoying extra layer of village taxes despite their ability to pay.

Another example of a prosperous non-village is Yorktown Heights, Its population closely matches Croton’s in size, but it is classified as a Census-Designated Place (CDP). Its residents get along very nicely without the burden—and onerous taxes—of a useless village superstructure.

What Can We Do?
The Commission on Local Government Efficiency created by the previous Governor to study ways to reduce the cost of government determined that a village is an inefficient and unnecessary form of government and should all be dissolved. Is there a way for the twenty villages of Westchester County, including Croton, to throw off the yoke of village bureaucracy and lower exorbitant village taxes? Indeed there is. Provision for the dissolution of villages is covered by New York State Law and allows them to be absorbed by the town in which they are located. Reduction of taxes by dissolution of a village will make homes more affordable and make the communuity more attractive to new businesses. Here are the steps Croton must take to accomplish dissolution of its village structure, as laid out in Village Law, Article 19:

(1) A petition signed by at least one-third of the registered voters residing in the Village must be submitted to Croton’s Board of Trustees requesting that a proposition for dissolution be put before the voters on the next general election.

(2) A public hearing must be held to discuss the proposed dissolution of the Village of Croton.

(3) In cooperation with the Town of Cortlandt, the Croton Board of Trustees must develop a plan for disposition of Croton’s assets, payment of Croton’s debts and the assumption of its services by the Town of Cortlandt. The plan will be part of the proposition of dissolution, which will go before the voters.

(4) At the next general or special election, the voters will be asked to vote on the proposition of dissolution. If approved the Village must be dissolved according to the approved plan within one year.

Reduction of taxes by dissolution of the village will make homes more affordable and make the communuity more attractive to new businesses. There’s nothing revolutionary about the concept of dissolution. It would merely mark a return to the original township plan of Westchester’s founding fathers. The Town of Cortlandt already performs for residents of Cortlandt outside the villages of Croton and Buchanan (and the city of Peekskill) many of the village services that would be transferred.

All that we get for living in the village of Croton and paying high village taxes is intrusive micromanageent and the ability to say that we live in a village. Big deal! There is little that village government does in Croton that the Town of Cortlandt does not do—and does better. Several other villages in New York State are in the process of dissolving. What is Croton waiting for? We should either start the wheels of dissolution in motion or stop complaining about high village taxes.

Frankly, I’m puzzled . . .

OP ED

If the above phrase sounds familiar to you, it’s because you’ve seen it a thousand times in direct mail offers in your mailbox. It’s the opening of what copywriters call “the lift letter.” According to my friend, direct-mail guru Denny Hatch, the lift letter device was dreamed up by copywriter Paul Michael, who worked for Greystone Press, publishers of books on home maintenance, gardening, car repair, and the like. Their direct mail offers always included a free book with no obligation on the part of the recipient.

Along with a letter from the publisher, full-color descriptive brochures and a response card, Michael included a lift letter--a small piece of notepaper folded once. On the outside was the tantalizing message, “Read this only if you have decided NOT to respond to this offer.” Inside--in gracefully flowing script--the headline of the note led off with Frankly, I'm Puzzled . . . It went on to say that the publisher couldn’t understand why the recipient wasn’t going to send for the free book when, it was really, really free.

So-called because it was intended to “lift” (increase) response to a direct-mail offer, the lift letter succeeded beyond everyone’s wildest dreams and has become a fixture of direct mail. So, here’s a tip of the hat to Mr. Michael for providing me with an addition to my Library of Useful Words and Phrases.

Frankly, I’m puzzled why Croton is sponsoring a “workshop” on Wednesday, January 27, 2010, the purpose of which, according to a news release issued by the Village, is “to gather public input regarding the future development potential of the Village-owned parking lot at the Croton-Harmon Station, including development of a parking structure for transit patrons.” The report has not yet been delivered. Cynics may see the workshop’s purpose as a delaying tactic to keep the parking garage from being a factor in the upcoming election.

According to the same news release, the study includes “a look at (1) market demand for commuter parking, (2) geotechnical conditions under the existing surface lot, (3) financial feasibility analysis for funding and operating a structure, and (4) design concepts for a potential parking structure at the Croton-Harmon Train Station. This study will also review the overall site to produce a master parking plan addressing how future work can improve traffic flow, enhance safety, and maximize commuter services.” Laudable objectives all—but lacking in many important areas of investigation.

Frankly, I’m puzzled by the timing of the elaborate session the Village of Croton is sponsoring next Wednesday, January 27. Several immediate and inevitable questions spring to mind: Why wasn’t a workshop held before the contract was signed? The Village in the person of a present board member made a big stink about a mere gasoline- station canopy blocking “the view” and even went to the extreme of bringing suit to stop it. Why would the Village now want to consider erecting a multistory parking garage? The view is still there. Why is it no longer a consideration? If aesthetics and appearances are no longer a consideration, Croton cane more easily erect and lease giant billboards along its highway,

Could the reason a preliminary workshop was not held before a contract was signed be that it might have revealed residents’ opposition to a multistory garage that would bring additional traffic to clog our streets and exhaust fumes to befoul our air? Interestingly, the initial guidelines for this study were issued on February 2, 2009, when the Schmidt administration held a 3-2 majority. One of the areas of investigation specified in the guidelines was “commercial mixed-use possibilities.” In Croton “mixed use” are fighting words in some quarters.

Frankly, I’m puzzled by a concept that envisions commercial opportunities in a multi-tiered parking garage with associated shops. Who is responsible for the unproven assumption that commercial enterprises would thrive in close association with a commuter railroad station that has two comparatively short periods of peak use, one in the morning and the other in the evening?

Passengers at major railroad terminal like Grand Central and Pennsylvania Station often have waiting time to kill between trains and are potential customers at shops that offer time-killing opportunities to buy last-minute forgotten items, to have a meal, to browse in a bookshop for a book or a magazine. But commuters at peak morning and evening periods at Croton’s station are usually in a hurry to catch a train or to beat the rush to reach a parked car.

Frankly, I’m puzzled by Croton’s concentration on increasing parking facilities as a source of revenue in the face of many contraindications. What about cutting expenses of the bureaucratic behemoth we have created to govern a tiny village of less than eight thousand souls? The nation is in a recession growing so deep it is being called “The Great Recession”—but only to avoid calling it “Another Great Depression.”

Moreover, the Town of Cortlandt is expanding its parking facilities at the Cortlandt Station—and parking is cheaper there. Metro North is cooperating by having more trains stop at the Cortlandt station. Plus, Croton’s two-level discriminatory pricing (residents vs. nonresidents) makes Cortlandt’s parking even more attractive and a veritable bargain.

Frankly, I’m puzzled by the lack of inclusion in the report’s specification of any study of the broader implications of enlarging our carbon footprint by encouraging automobile usage in what now may be a dying suburbia. Will the report acknowledge the planet’s peaking oil reserves, unstable fuel prices, the growing demand for oil by developing nations like China and India, steadily growing domestic and world populations that are making ever-larger demands for oil and for oil-based products, especially for oil- and gas-based fertilizers to increase crop yields to feed growing populations? How many of us will be driving if oil reaches $147 a barrel again?

The United States proportionally consumes more oil in relation to population size than any other country in the world. And 90% of transportation in the U.S. relies on oil as a primary or secondary source. Suburbia’s exclusive reliance on the automobile is both unsustainable and dangerous. Concerns about our fragile oil dependence have already caused a reverse migration from suburbs back to cities. Increased public transportation, bicycling and walking may yet become part of suburban living.

Frankly, I’m puzzled by Croton’s desire to hold a workshop before the contractor renders a report. The implications are that the contractor will listen to residents’ views and then tailor their report to suit residents’ input. This smacks too much of the slogan of Chicago department store magnate Marshall Field, who built a merchandising empire by instructing employees to “give the lady what she wants.” If the experience that resulted from the infamous questionnaire of bitter memory about residents’ desires for a community center is any yardstick, a workshop held before the report is presented can only result in another wish-list disaster.

We were led to believe that Tim Haahs Associates was preeminent in their field. It is not unreasonable, therefore, for them to give us their professional opinion about feasible courses of action for Croton, and let residents decide which, if any, are advantageous and doable. Thus, it would make more sense for Croton to first make the report available to residents and then hold a workshop at which the document can be critiqued to see whether we received our money’s worth. One might put this in terms of stud poker players: “Show us your hole card (the report) before your start raking in the pot.”

One final question: If the workshop now reveals that residents have no desire for a parking garage in any way, shape or form, will we be able to get our $97,000 back? Or will a giant parking structure of one kind or another be forced upon us in the same manner as the mega-disaster known as Metro-Enviro? There has to be a limit on what this village will do for money.