New York State Promotes Urban Sprawl . . .

New York State is giving Hartford Financial Services Group (a private company) a $500,000 grant (your tax money) to locate in a new office park being developed in New Hartford.

I wonder how it ever became State policy to give grants that encourage construction in undeveloped areas? I wonder if a generic environmental impact statement was done on such a policy – - and what mitigation was proposed for the sprawl that it promotes?

Just wondering . . .

Open Republican Caucus . . .

The Republicans are opening their county caucus to the public. . . . a baby step in the right direction. But this does not mean that we will hear any actual debate on issues or understand the rationale of their decisions. In days of cell phones and e-mail, there are alternative ways of communicating on issues outside the public view.

We will wait and see if this is a meaningful change . . . or mere window dressing.

Consent Order (In)Justice

A reader pointed out some interesting passages in the October 10th and October 24th 2007 New Hartford Town Board minutes concerning Oneida County’s Consent Order with the Department of Environmental Conservation.

October 10:

• Part-County Sewer District and Consent Order – The Highway Superintendent has been talking with Oneida County’s consultants about all the initiatives that need to be submitted and agreed upon between the County and DEC by year’s end

• Consent Order – Rayhill Memorial Trail – Oneida County was required to pay a $150,000 fine related to the Part-County Sewer District and the County was successful in DEC agreeing that 20% of that fine could be allocated toward a local environmental beautification project; instead of paying $30,000 to DEC, the money will be made available to the Sauquoit Creek Basin Inter-municipal Commission who will administer the installation of a dedicated parking facility for trail use at the Middlesettlement Road BOCES property. Most likely, inter-municipal agreements will need to be executed among DEC, BOCES, the Town of New Hartford, the Sauquoit Creek Basin Inter-municipal Commission and possibly the Town of Whitestown. This project has been submitted to DEC and preliminary indications are that the project will be approved by DEC.

October 24:

 

Trailhead Funding – Philip Rayhill Memorial Trail

Councilman Reynolds and the Highway Superintendent confirmed that the Town of New Hartford has received funding approval for the trail head at the Philip Rayhill Memorial Trail. (NOTE: Refer to October 10, 2007 Town Board minutes.)

 

 

So let me get this straight: (1) Oneida County violates the law by allowing sanitary sewers to be hooked into its combined sewer overflow on the Mohawk River; (2) New Hartford approved the plans for the developments that made these hookups; (3) New Hartford greatly expanded its tax base and reaped tremendous financial benefits from the hookups and violations; (4) Oneida County manages to offset its fine by rewarding its accomplice, New Hartford, with parking for its Rayhill Trail. So New Hartford contributes to an environmental violation, gains financially, and is now rewarded with a parking lot! What an abomination!

New Hartford must have friends in high places at the DEC!

I have a better idea on how the money could be spent:

Build a picnic area adjacent to the County’s outfall in Yorkville.

The people in Yorkville have been dumped upon . . . and will continue to be dumped on until at least 2014. When the weather is good people will have a pleasant place to go.

And when we get rain, we will be reminded by the floating feces of how government has failed us.

Walesville, 1954 – Another Followup?

I received this e-mail response to the Walesville posts. It is self-explanatory:

Okay, you have been successful in exposing me and my extraterrestrial comrades. You are so very cleaver. Our mission has been to stifle any and/or all positive economic development activity in the Central New York corridor. We have been successful with getting the most incompetent earthlings to run for all of the various elected offices. In turn, these elected officials have filled the entire political hack appointments with the utmost arrogant narcissists and babbling idiots found in this universe. This undertaking was not easy. We even we had to import some of them from other cities where they have exhibited unconditional ineptitude. We are particularly pleased with our appointments to the Mohawk Valley Water Authority, EDGE/GLDC, Oneida/Herkimer Solid Waste Authority, Utica Municipal Housing Authority and the multitude of State Agencies that have been so successful in confounding any and all community economic progress. We have been awarded the coveted economic development “black-hole” award from our Martian Superiors back home. We have been chronicled on the Martian “Red Planet 60 Minutes” counterpart news show. We are proud to say that we are the Martian college model for extraterrestrial interference in terms of confounding economic progress on external planets.

However, now that you have exposed your recognition of having discovered our existence here in Walesville, New York, we have no other alternative than to sever any and all communications with you. We will not jeopardize our mission by having some smart aleck – like you – exacerbating our untarnished success rate by simply exposing our existence. A large part of our success has been how we have been able to instill complacency and apathy on the residents of central New York with the extreme low expectation from all public officials.

For the above reason we have no other alternative than to relegate you to NUT status. Therefore, we have decided to relegate you, along with all the other kooks, to Roswell, New Mexico status. We have alerted the highly successful “Skeptic Squad” to watch for your letters to the editors and internet postings. They will neutralize any rational utterances you may offer to ‘wise-up” the general populace. So give up before we drive you crazy!

Farewell Intrepid Earthling!

Your Favorite Martian

CEO, Earthlings Impediment Division

Mohawk Valley Economic Encumbrance Mission

Walesville Covert Central Office Complex

Yow! If I stop posting, look for me in Roswell!!! :-O

Forgery . . . and Silence . . .

This story in the O-D, and earlier postings on UticaSux got my attention just before the election. They raise concern about the tactics of the people we pay to enforce and uphold the law. Even more concerning is the failure of local officials and the Oneida County Bar Association, now that they have been made aware of the incident, to publicly call for an investigation. Fear of retribution, perhaps?

Per the O-D:

A fake DNA report created by Utica police investigators last year to pressure a suspect into confessing has raised questions about whether some investigative tactics go too far. . . . “I told him that I believe what was done was an investigative tactic that was totally unacceptable,” McNamara said recently. “It rose to a level that would violate the principle of fairness, and that tactic should never be used again.” Pylman agreed. “If you feel that strongly about it, we won’t do it anymore,” Pylman recalled telling McNamara.

So, it is undisputed that a “fake DNA report” was created by Utica police as an “investigative tactic.”

What a tactful way of putting it . . .

Local attorneys and officials had better brush up on their Penal Law. It’s written in plain English, and there are few elements, so even they should understand.

 PENAL LAW TITLE K, OFFENSES INVOLVING FRAUD, ARTICLE 170, FORGERY AND RELATED OFFENSES:

§ 170.05 Forgery in the third degree.

A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument. Forgery in the third degree is a class A misdemeanor.

The fake lab report is a “written instrument” as that term is defined in PL §170.00 (1), and the intent to deceive the suspect is evident from how the instrument was used.

The “investigative tactic” appears to have been the crime of forgery — and (at least) a misdemeanor.

Although investigators did create a phony DNA report in September 2006 to indicate a match with Wright’s DNA, they did not falsify an official document, Pylman said. He also emphasized it is not against the law for police to lie to suspects.

Although a state lab report would seem “official” to most people, there is nothing in the law that requires the forged item to be an “official document,” so Chief Pylman’s defense is irrelevant.

“They did what any good cop would do, but they pushed it a little too far,” Pylman said of his investigators. “But what’s got to be realized is that they did not have any malicious or evil intent.”

Whether the intent was “malicious” or “evil” is irrelevant because the penal law does not require “malicious” or “evil” intent. What it requires is only an intent to deceive — and that clearly was what was intended here.

McNamara at first was concerned investigators may have committed a forgery by including a forensic scientist’s signature on the last page of the falsified DNA report, he said.

But he determined police never presented the signature to Wright as a means of authenticating the report, he said. Thus, in his mind, no crime had been committed.

The lack of a signature appears to be in dispute. O.C. Public Defender LeLand McCormac certainly thought there was a signature:

“The fact that police officers would tamper with an official document … signed by a forensic scientist, and use such in a vain attempt to elicit a confession by (Wright) demonstrates outrageously deceitful, manipulative and coercive conduct shocking to the conscience and undermining the public’s faith in the integrity of … our criminal justice system,” McCormac wrote in the Feb. 8 document.

But there is no requirement in the law for the forged item to contain a signature, so DA McNamara’s defense is also irrelevant.

So we clearly have a crime that is at least a misdemeanor that has been committed. But it may actually be worse . . . a lot worse.

§ 170.10 Forgery in the second degree.
A person is guilty of forgery in the second degree when, with intent
to defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument which is or purports to be, or which is
calculated to become or to represent if completed: . . .

3. A written instrument officially issued or created by a public
office, public servant or governmental instrumentality; . . .

Forgery in the second degree is a class D felony.

Here is where the “official” nature of the instrument and whether or not it contained a signature become important: when we look at a forgery as a “felony.” A state police lab report would seem to meet the criteria of an “official” document under §170.10(3). A “signature” would be evidence that the document “purports” to be an official document. As indicated above, the O-D article contains enough information to suggest that these things were also present.

There is possibly more than forgery. How many hands knowingly dealt with the falsified report, used the report, and or directed its use? There are also crimes of possession specified at both the misdemeanor and felony levels. From the text of the penal law Article 170, how many can you identify that may have been committed here?

A misdemeanor is clearly evident and is bad enough. A felony is worse. A felony committed by a government agent as part of his or her official duties is outrageous. The situation suggests that several people may have been involved, and that both forgery and possession of a forged instrument may have been committed.

The reputations of Utica and other police agencies, manned by many good, brave, and noble men and women, are tarnished by such behavior.

An investigation is needed, all involved need to be identified, culpability needs to be determined. . . .

And some heads need to roll.

Walesville, 1954 – a Followup

From Dave Griffin’s story:

“. . . the crew confirmed the object was a weather balloon at an altitude of
8,000 feet, but when they dropped down for a closer look, the cabin temperature abruptly shot up and the fire warning light lit on the instrument panel. UFO enthusiasts have maintained that the object fired a blast of heat at the F94.”

An astute reader led me to this recent news story: “US unveils non-lethal heat ray weapon.”

“Anyone hit by the beam immediately jumped out of its path because of the sudden blast of heat felt throughout the body. While the 54 C heat was not painful, it was intense enough to make the participants think their clothes were about to ignite.”

Interesting!

The Voters Have Spoken!

The Voters Have Spoken! For those of us hoping for change it was a mixed bag. At the county executive and district attorney levels, people are content with what we already have — or are at least comfortable enough with what we have to not risk things with new leaders. In Utica, however, the discomfort level motivated enough people to make a change. It will be interesting to see what happens next. The Oneida County Legislature will be getting some new blood, too, and that will be welcome. Hopefully new ideas and new attitudes will follow.

One thing about this election that I think we can agree upon: most races gave the public some real choices this time. The public is getting the government that it wants.

And that is a good thing.

Walesville, 1954

I was surfing “the Mezz” the other night, and in the CNY Forum Dave Griffin mentioned that he had written a piece about a tragic jet crash in Walesville in 1954, which caused the death of four people. I drive through that area often on the way to Syracuse, so my curiosity was aroused.

He tells the story well. If you like this, he has many other stories on his website, a number of which are sure to invoke memories of growing up in mid 20th century Utica.

Take a break, and read something enjoyable!

Comfort vs Taking a Chance

Election day is almost here. We must decide who we think is better able to govern.

Do we pull the lever for the new guy? That will thrust us into the scary unknown. We simply don’t know what damage some of these people will be capable of if given the chance.

OR

Do we pull the lever for the incumbent, or the appointed successor? That will give us the comfort of predictability. We know we will get more of the same.

Is more of the same what we want? If it is, we can expect more things like:

• violation of environmental laws, followed by approval of a Consent Order with no deliberation, followed by hiring of engineers by an “inside group” of wrongdoers also with no deliberation.
• trashing public sensibilities while public officials surround themselves with opulence.
• closing streets for the convenience of government officials.
• an economic development agency advertising a site as ’shovel ready’ when it lacked an essential permit, and blowing the opportunity of our lifetimes.
• the promised “world-class” research facility, Griffiss Institute, that produced no research, but made one very highly paid official before it was turned into an incubator.
• a lease of prime economic-development land to the State for a Homeland Security Training Center with little deliberation, NO benchmarks for State performance, no real State financial commitment, and almost no activity.
• the promised Center for Brownfield Studies in Downtown Utica that turned out to be smoke and mirrors.
• the promised State Data Center that never came.
• abandoning an airport that was perfectly maintained and sized for this area and squandering federal funds to duplicate what we already had.
• losing scheduled air passenger service while smaller metro areas (Binghamton, Elmira, Ithaca) manage to retain theirs.
• Urban Sprawl.
• Storm water problems . . . traffic congestion.
• closed door meetings, 7AM meetings, secret meetings.
• an unheard of 18 year deal, sky high salary, bending the rules, and unusual circumstances surrounding the hiring of a local police chief.
• burying rubble in public parks with little or no public discussion.
• carving up public parks with fences for special interest groups without neighborhood input.
• conviction of an innocent man.
• loss of a long-enjoyed summer festival.
• loss of Utica’s greatest asset and giving it to people who have not paid for it.
• Countless lost manufacturing jobs.
• Lost professional hockey, lost professional baseball … loss of a NASCAR Opportunity.
• Loss of 85,000 people . . . your children, your friends, your neighbors . . . and no end in sight

If you knew 20 years ago what this region would look like today, would you have stayed?

Are you comfortable with more of the same? . . . or are you ready to take a chance?

Left Out . . .

Mr. Picente is complaining that he was not invited to Gov. Spitzer’s announcement on Hinckley.

“It’s really upsetting,” Picente said, adding of the Spitzer announcements, “I don’t know what it’s about.” . . .
“This is an issue I stuck my neck out on,” Picente said.

While the governor displayed poor etiquette in snubbing Mr. Picente, what makes Mr. Picente feel he is more worthy of being invited than representatives from Herkimer County who were also left out . . . and might even be cut out of the discussions on what to do with the Reservoir? Herkimer County is only the home of the reservoir and the West Canada Creek, and many Herkimer County businesses and residents will be affected by what is done.

Mr. Picente was left out . . . Now he knows how we, the public, felt when, with no warning or opportunity for discussion, he:

• Signed a Consent Order obliging us to pay for a $66 million project caused by County and Town misfeasance.
• Hired engineers that were handpicked by the very municipalities responsible for the sewer problem.
• Announced plans to close Park Avenue and turn it into a County parking lot.
• Pushed through the State Homeland Security deal that will tie up prime developable land in Whitestown for years and years with no guarantees from the State on what it will actually do with the land.

Not a very good track record for someone not even in office for a year. It looks like someone has forgotten who is paying his salary and who he is supposed to serve.

Mr. Picente was left out . . . too bad.