Blaber-Mouth

So Jeremy Blaber has decided to weigh in on the Bernardo wars. From Blaber's News and Commentary:

The recent attacks on Chairwoman Bernardo are so ridiculous that you have to wonder what peoples real motives are.

Yes, we all wonder about true motives, don't we? For example, what would make Blaber write this post, the first post he has written in the past three weeks? Could it be, I don't know, a late-night phone call from his political patrons? Just whose water is Blaber carrying, in other words? Well, he's a member of the Gallo Administration, for one:

Also hired recently by Gallo was Jeremy Blaber, who is active in city Democratic politics and, like Madsen, worked on the mayor’s campaign.

Blaber is now a part-time parking enforcement officer for the city and is being paid an annual salary of $14,600.

Blaber said he enjoys the job because of the “interaction” with the public that it provides him.

Blaber said he’s been issuing about 50 parking tickets per day.

Is it just me, or are there others out there who find that 50-tickets-per-day claim a bit far-fetched? Maybe someone (cough*Freeman*cough) could look into whether this claim is true. That's 250 tickets per week.

Anyway, back to the point. Gallo is also beholden to the Bernardos -- Mr. Terry Bernardo did give the Independence line to Gallo -- so Blaber's only doing what his boss would want him to do.

Blaber then goes on to say:

Putting all that aside, the firing of a legislative clerk and the hiring of a payroll director, all can be justified and fingers can be pointed about how previous administrations have done the same thing but it's bigger than that. Terry Bernardo is a real business person and unlike many politicos, she has a real set of core values and principals that she believes in. I say that with all sincerity, I know her well and I'm speaking from my heart, she is one the nicest, most competent and dedicated person I have ever met in local politics.

So, we're back to the everybody-does-it-so-it's-okay argument. My mother used to respond to this by asking if I would jump off the Empire State Building simply because all my friends were doing so. This argument seemed to work on a five-year-old. Why doesn't it work on political cronies? Funny, that.

And no doubt Bernardo is hard at work -- the only question is for whom she is working. As it looks now, the person she is serving is herself. And she's going out of her way to get rid of anyone who could potentially be disloyal. This is called "consolidating your power," Jeremy. You should look it up.

Blaber then takes David Donaldson to task:

Dave Donaldson is also a friend and fellow Democrat but he is another one whose comments I took acceptation with, here is an excerpt from the Freeman:

During his tenures Chairman Donaldson said, he fired only one county employee, Fawn Tantillo, a former county lawmaker who had resigned from the Legislature and was almost immediately appointed by then-Chairman Richard Gerentine, a Republican, to a position in county government. Tantillo is now Bernardo’s confidential secretary.

Donaldson said hiring and firing in the legislative offices was then a function of either the full Legislature or the Legislature’s clerk.

That may be technically true but lets not kid ourselves that's not what happened, Dave Donaldson was calling the shots when he was the Chairman and so were all the previous Chairs before him (Don't forget when Donaldson was Chair, he was the CEO of Ulster County, this was before the Executive form of government took place. ) Donaldson's comments are unfair and not an example of leadership.

Fawn Tantillo wasn't fired for purely political reasons. But she was hired for political reasons, i.e., feathering her own nest by essentially giving herself a county job after she was bounced from the legislature by the voters. In fact, at least one local blogger has taken issue with Tantillo:

Fawn Tantillo, You Just Can't Trust Her

I wrote a post last night asking candidates supported by the Republican party, whether or not they stand by their nominee for Governor after the comments Paladino made the other day.

A reader posted this in regards to Fawn Tantillo who is running for county comptroller:

Anonymous said...
Tantillo already voiced her support for Cuomo...remember the uproar when she attended the rally in NP and then publicly declared her support? Maybe she knew something the republicans didn't.
12:44 PM


Maybe she did. It's funny but not surprising that Fawn Tantillo attended the rally for Carl Paladino today. Forget for one second that her timing of switching from Cuomo to Paladino is disturbing. Maybe Tantillo agreed with Paladino's bigoted comments and went to show her support.

Whatever the reason of her switch, it raises eyebrows of a much bigger issue, Fawn is very erratic and can't be trusted.

Tantillo Time Line (The very small condensed version, I could go on and on)

* When on the legislature she left to take a job as a department head, which brought us the Tantillo ethics law.

* A former Republican, she switched to the Independence party, poo pooing her old party saying it had lost it's way.

* She than slowly crawled back to the GOP, taking the line to try and fulfill her latest pipe dream of being the Ulster County Comptroller..

* Screws Kevin Cahill out of the Independence party by going behind the backs of the Ulster and Dutchess chairs urging the state committee to support Kevin's opponent and denying fellow indy's the right to a primary in the process.

* Comes to an event for Andrew Cuomo and claims she is supporting him as the Independence party nominee, Mario Catalano almost endorsed Auerbach right there.

* Today comes to a rally in support of Carl Paladino for Governor.

Lets face it Fawn Tantillo simply can't be trusted!!!

Indeed. Maybe the reason Donaldson sought to get rid of her had something to do the aforementioned. And who was the local blogger calling out Tantillo for her duplicity? Why, that would be one Jeremy Blaber. So, which is it? Was Donaldson engaging in the same kind of political witch hunt the Bernardos are engaging in? Or did he fire Tantillo for good reason?

Dave Donaldson was calling the shots when he was the Chairman and so were all the previous Chairs before him (Don't forget when Donaldson was Chair, he was the CE0 of Ulster County, this was before the Executive form of government took place.) Donaldson's comments are unfair and not an example of leadership.

I think leadership is pointing out that something is wrong, even if it may not be the popular thing to do.

Blaber closes by saying this:

Terry has every right to run her office in the best way she sees possible for the people of Ulster County, because at the end of the day, she is the one that is accountable if she does not achieve the ambitious legislative agenda that she has set forth. Terry accepts that responsibility, she deserves a chance to do her job. Not to be taken out for a walk every single week by her colleagues in the newspaper to score cheap political points.

My advise to Chairwoman Bernardo: fight back. You're Chair of the freaking legislature, take advantage of it, use your position as a bully pulpit, embarrass these legislators into doing the right thing, point out their hypocrisy..do not let them take advantage of you. Also work with the County Executive Mike Hein, he too is top notch and believes in doing the best thing for the people of this county.

Really? Last I checked, the office of legislator was an elected position, meaning that Bernardo must serve her constituents. In this case, it just so happens that her number-one constituent is herself. She also serves as chairwoman at the pleasure of the rest of the legislators who elected her to this post. If they decide she's not doing a good job, it's adios.

Whether the Rodriguez resolution gets a vote is probably irrelevant, as Bernardo is unlikely to survive the re-organizational meeting that will take place in January of 2013 -- at least the way things stand now. You can't keep making this many enemies without consequences.

Wearing Out Her Welcome

Looks like that vote of confidence might be in the offing. Kudos to Rodriguez for introducing this:

Resolution No. 120 May 15, 2012
Amending The Rules Of Order Of The Ulster County Legislature To Establish A Procedure For Removing The Chairman Of The Ulster County Legislature

Referred to: The Laws and Rules, Governmental Services Committee (Chairman Roberts and Legislators Fabiano, Maio, Ronk, Donaldson, Loughran and RobertParete)

Legislator Rodriguez and Co-Sponsors: ____________ offer the following:

WHEREAS, in order to establish a procedure for any and all resolutions regarding the removal of the Chairman of the Ulster County Legislature, it is hereby necessary to amend the following Rule and Section of the Rules of Order of the Ulster County Legislature: Rule 9., and

WHEREAS, Rule 9 of the Rules of Order of the Ulster County Legislature, entitled “ORGANIZATION OF THE LEGISLATURE—CHAIRMAN, MAJORITY, MINORITY LEADERS.” is set forth as follows, as adopted March 2, 2010 and/or updated by the Ulster County Legislature:

RULE 9. ORGANIZATION OF LEGISLATURE – CHAIRMAN, MAJORITY, MINORITY LEADERS.

A. The organizational meeting of the County Legislature shall be conducted on or before the second Tuesday of January in each year, at the time and place designated in a written notice to be given each Legislator by the Clerk of the County Legislature not later than five days prior to such meeting. In the event of a vacancy in the office of the Clerk of the County Legislature, or his or her inability or failure to act in accordance with the provisions of this section, notice shall be given by the County Clerk. In that event, the County Clerk shall determine the time and place designated in a written notice to be given by the of the County Legislature, and the County Attorney not later than three days prior to such meeting. Public notice to such meeting shall also be given by the County Clerk at the same time written notice is given to the public officials referenced herein.

B. At this organizational meeting, the members of the Legislature shall select a Chairman at the call of the Clerk of the Legislature in each year. The Chairman shall appoint members of the County Legislature to serve on such committees as are provided by the rules of such Legislature. The Clerk of the County Legislature shall preside at all meetings of the Legislature until such time as a Chairman has been designated by election or appointment. The
failure to elect a Chairman or appoint committee members shall not prevent the County Legislature from transacting its ordinary business.

C. The Chairman within 10 days of having been elected as Chairman of the Legislature shall appoint a Vice Chairman. The Vice Chairman shall, in the absence of the Chairman, preside over each duly constituted meeting of the Legislature and have and exercise all of the powers and duties of the Chairman at any meeting over which the Vice Chairman is called to preside. The Vice Chairman, except as herein limited and/or provided, shall have and exercise those additional powers and duties as may be authorized by resolution of the Legislature, provided that such resolution shall specify the dates during which the Vice Chairman may exercise such powers and duties, and that the powers and duties authorized to the Vice Chairman shall not be exercised by the Chairman during the designated time period. The Vice Chairman shall at no time appoint a person to an office or position of employment with the County, nor appoint the Chairman or members of any committee of the Legislature, except as specifically authorized by the Legislature as provided herein. The Vice Chairman may in the absence of the Chairman from the County, or upon the Chairman’s authorization, execute all agreements on behalf of the County which the Legislature authorized the Chairman to execute.

D. In the event of vacancy in the office of Chairman, the County Legislature shall fill that office in the manner provided by its rules. Should the County Legislature fail to select a Chairman within 30 days after that office shall become vacant for any reason, the County Executive shall appoint a member of the County Legislature to serve as Chairman for the balance of the calendar year. In the case of a vacancy in the office of Chairman, the Clerk of the Legislature shall call a meeting within the 30 day period provided for herein or above of the members of the Legislature upon like notice as provided in subdivision A herein, at which a successor who shall be a member of the Legislature shall be elected Chairman. The person so selected shall serve as Chairman of the Legislature for the unexpired term of the previous Chairman. Until such time as a new Chairman is chosen, the Vice Chairman shall act in the place and stead of the Chairman, and shall have all the powers vested in the Chairman of the Legislature.

E. Annually, the members of the two political parties, which shall have polled the largest vote in the last general election for the County, shall elect a leader of their respective parties. The leader of the political party whose membership of the Legislature constitutes a majority of the Legislature shall be known as the Majority Leader. The leader of the other political party shall be known as the Minority Leader.

F. For the purpose of complying with the provisions of Section 200, Subdivision 1of the County Law, in the event that neither of the members of one party nor the other constitute a majority of the members of the County Legislature, then, in said event, the Chairman of the County Legislature shall designate one party leader as the Majority Leader and the other as the Minority Leader. In all other matters, they shall be known as the Leaders of their respective parties.

NOW, THEREFORE, BE IT RESOLVED, Rule 9. of the Rules of Order of the Ulster County Legislature, entitled “ORGANIZATION OF THE LEGISLATURE—CHAIRMAN, MAJORITY, MINORITY LEADERS,” be amended as follows by adding a Paragraph to be known as G.: RULE 9. ORGANIZATION OF LEGISLATURE – CHAIRMAN, MAJORITY, MINORITY LEADERS.

A. The organizational meeting of the County Legislature shall be conducted on or before the second Tuesday of January in each year, at the time and place designated in a written notice to be given each Legislator by the Clerk of the County Legislature not later than five days prior to such meeting. In the event of a vacancy in the office of the Clerk of the County Legislature, or his or her inability or failure to act in accordance with the provisions of this section, notice shall be given by the County Clerk. In that event, the County Clerk shall determine the time and place designated in a written notice to be given by the of the County Legislature, and the County Attorney not later than three days prior to such meeting. Public notice to such meeting shall also be given by the County Clerk at the same time written notice is given to the public officials referenced herein.

B. At this organizational meeting, the members of the Legislature shall select a Chairman at the call of the Clerk of the Legislature in each year. The Chairman shall appoint members of the County Legislature to serve on such committees as are provided by the rules of such Legislature. The Clerk of the County Legislature shall preside at all meetings of the Legislature until such time as a Chairman has been designated by election or appointment. The
failure to elect a Chairman or appoint committee members shall not prevent the County Legislature from transacting its ordinary business.

C. The Chairman within 10 days of having been elected as Chairman of the Legislature shall appoint a Vice Chairman. The Vice Chairman shall, in the absence of the Chairman, preside over each duly constituted meeting of the Legislature and have and exercise all of the powers and duties of the Chairman at any meeting over which the Vice Chairman is called to preside. The Vice Chairman, except as herein limited and/or provided, shall have and exercise those additional powers and duties as may be authorized by resolution of the Legislature, provided that such resolution shall specify the dates during which the Vice Chairman may exercise such powers and duties, and that the powers and duties authorized to the Vice Chairman shall not be exercised by the Chairman during the designated time period. The Vice Chairman shall at no time appoint a person to an office or position of employment with the County, nor appoint the Chairman or members of any committee of the Legislature, except as specifically authorized by the Legislature as provided herein. The Vice Chairman may in the absence of the Chairman from the County, or upon the Chairman’s authorization, execute all agreements on behalf of the County which the Legislature authorized the Chairman to execute.

D. In the event of vacancy in the office of Chairman, the County Legislature shall fill that office in the manner provided by its rules. Should the County Legislature fail to select a Chairman within 30 days after that office shall become vacant for any reason, the County Executive shall appoint a member of the County Legislature to serve as Chairman for the balance of the calendar year. In the case of a vacancy in the office of Chairman, the Clerk of the Legislature shall call a meeting within the 30 day period provided for herein or above of the members of the Legislature upon like notice as provided in subdivision A herein, at which a successor who shall be a member of the Legislature shall be elected Chairman. The person so selected shall serve as Chairman of the Legislature for the unexpired term of the previous Chairman. Until such time as a new Chairman is chosen, the Vice Chairman shall act in the place and stead of the Chairman, and shall have all the powers vested in the Chairman of the Legislature.

E. Annually, the members of the two political parties, which shall have polled the largest vote in the last general election for the County, shall elect a leader of their respective parties. The leader of the political party whose membership of the Legislature constitutes a majority of the Legislature shall be known as the Majority Leader. The leader of the other political party shall be known as the Minority Leader.

F. For the purpose of complying with the provisions of Section 200, Subdivision of the County Law, in the event that neither of the members of one party nor the other constitute a majority of the members of the County Legislature, then, in said event, the Chairman of the County Legislature shall designate one party leader as the Majority Leader and the other as the Minority Leader. In all other matters, they shall be known as the Leaders of their respective parties.

G. The Legislature, by three-fifths vote of the Legislature, may remove the Chairman of the Legislature at any time during a meeting of the Legislature. and be it further RESOLVED, that these changes to the Rules of Order of the Ulster County Legislature shall take effect upon an affirmative vote of this body subsequent to two consecutive readings, and move its adoption.

FIRST READING: MAY 15, 2012
SECOND READING: JUNE 19, 2012

The unchecked arrogance of the Bernardo Gang has truly been something to behold. And you can't keep screwing people over and then be surprised when the pitchforks and torches show up at your front door. They made their bed, now they can lay in it.

All I can say is, pass the popcorn.

Looters and Moochers

So, Jeanette Provenzano also wants to know what Reggero has in the way of qualifications for the post of budget analyst. From today's Freeman:

“His background is not for this position,” said Provenzano, D-Kingston. “I would have thought if not a (certified public accountant), certainly someone with a financial background.”

Yes, Jeanette. One would think so -- if one weren't simply thinking of rewarding cronies.

Reggero, on the other hand, has no trouble using his long military service as a shield to avoid answering questions:

In a letter detailing his qualifications, Reggero said he is “intimately familiar with scrutiny and pressure from outside sources,” has served at “every level of management in the enlisted ranks” and has “planned, managed and reallocated personnel and equipment” during his military deployment.

While in Grisanti’s office, he said, he “collaborated directly with the Senate Finance Committee during both the preliminary and the post budgetary process.”

“While I agree the title of independent budget analyst for Ulster County may be new to me, service to my country, dedication and the budget process are not,” he stated.

Did you catch that rhetorical slight-of-hand? He's dedicated to his country; so, if you question his credentials, you're dishonoring his military service. It's a neat trick.

And, to top it all off, the Bernardos have now bilked the taxpayers of Ulster County out of another wad of cash:

Reggero will be paid $50,000 per year.

Add this to the $50k that they're paying the incompetent Fawn Tantillo, the $37,500 they're paying no-show Sandy Mathes, and the $60k they're paying to Fabella for her crony job in the legislative clerk's office, and we're talking close to $200,000 of the peoples' money being spread around. How many actual jobs could this money pay for? Real jobs, not phony make-work jobs like these.

Our embattled leader, however, is circling the wagons:

Bernardo did not return a reporter’s phone call. In her press release announcing Reggero’s appointment, she said, “A veteran with Frank’s experience and enthusiasm will be an asset to our office."

Bernardo was the one who sent out the press release, so presumably she was available to field questions. This is what press releases are all about, right? Why send one out if you have no intention of talking to reporters? Looks like Patty Doxsey has become persona-non-grata.

But don't worry, Patty. If the Bernardos have cut you off, this is a good indication that you're doing good service for your newspaper, for the residents of Ulster County, and for transparent government.

Time to double-down and really start digging. Maybe a few FOIL requests regarding Skate Time 209's too-cozy relationship with the IDA and David O'Halloran? Lot's of smoke. Is there any fire?

Who?

In yet another bold move, the Bernardo Regime has hired an independent budget analyst -- who doesn't have any experience in accounting:

ULSTER COUNTY LEGISLATIVE CHAIRMAN TERRY BERNARDO ANNOUNCES HIRING OF INDEPENDENT BUDGET ANALYST

Ulster County Legislature Chairman Terry Bernardo announced today that Saugerties resident, Frank Reggero has been hired as the Independent Budget Analyst in the Office of the Ulster County Legislature.

A Veteran, Frank completed 24 years of service with the U. S. Army, gaining upper-level manager status. Reggero has decades of leadership experience with expertise in human resource management, operations management, information technology, staff development and training, and policy development and implementation.

A graduate of Ulster County Community College, Frank is nearly finished pursing his Bachelors Degree in Political Science from SUNY Albany. He recently worked in the Office of Senator Grisanti.

“I am pleased that Frank has decided to join our team,” said Chairman Bernardo. “I’m sure everyone will agree that a veteran with Frank’s experience and enthusiasm will be an asset to our office.

So, let me see if I have this straight. Reggero, who I'm sure is a swell guy, has a two-year degree from SUNY Ulster. Well, he must have majored in accounting, right? Err, no:

Retired U.S. Army First Sergeant, Frank Reggero, has decided that after giving to his country for 24 years, what he’d most like to do is continue giving by advocating for Veterans Benefits and higher education for all Americans.

After graduating from SUNY Ulster with a 3.81 GPA, Frank’s now taking SUNY Albany by storm, where he’s majoring in Political Science with a minor in Economics and a concentration in Public Law. It’s a big dream, but Frank has his family to help see him through. “My daughter and I study together most weeknights. She practices her third grade spelling, reading and arithmetic skills while I study public law, climate change and economics.”

Here at Ulster, Frank was the President of the Student Veteran of America (SVA) chapter, an admissions student aide and a Student Admissions Ambassador. He also actively assisted the admissions staff at seminars addressing the concerns of returning adult students and Veterans. “If you’re serious about attending college and want to get the most for your money, then SUNY Ulster is the place to start or return to. I literally applied and was accepted the same day. The Admissions staff walked me though the entire process from meeting with my advisor to processing my GI Bill through the financial aid office.”

What’s Frank’s next move? He’s applied for internships in the New York State Assembly and Senate for the spring 2012 semester. “If everything works out,” adds Frank, “I’ll be experiencing the American political system first hand.”

Frank Reggero
Class of 2011
Humanities & Social Science Major

So, he's a veteran with years of experience in human resources. How is he qualified to do budget analysis? According to SUNY Ulster, Reggero is minoring in economics at his four-year program at SUNY Albany, but the man is still nothing more than an undergrad.

As for political experience, he's cut from the Bernardo cloth all the way. Reggero spent time clerking for this clown:

A New York state senator and his wife were jumped by a pair of Seneca nation businessmen last night during a wild brawl in a Niagara Falls Indian casino following a black tie gala where the lawmaker had been a guest.

Republican State Sen. Mark J. Grisanti was punched in the ribs and back of the head, and his wife Maria was beaten so severely about her head and face that she sought medical attention.

According to witnesses, the melee that erupted when the Senator attempted to make peace between two Native American businessmen who were loudly arguing in a lobby bar after the event at Seneca Niagara Casino and Hotel Events Center.

Trying to break up a fight, was he? Yet another swell guy.

There were, however, a few people who didn't buy Grisanti's tall tale:

What actually happened at the Seneca Niagara Casino? The world may never know, but it also seems like the Buffalo senator isn’t quite clear on the story himself. That, along with conflicting eyewitness accounts, has cast doubt on the story that Grisanti was merely trying to break up a fight and then defend his wife. It might be too muddy to end up hurting his 2012 re-election effort – but it hardly helps.

The world may never know? More like we here in the U.S. will never know -- at least if we don't read overseas newspapers, which actually often do a much better job of covering events in this country. From the UK's Daily Mail:

New York state senator Mark Grisanti wrestles on the floor with security guards before being pinned to the wall in a choke hold in shocking video footage taken in the aftermath of a vicious brawl at an Indian casino.

Senator Grisanti, who was attending a charity event at the Seneca Niagara Hotel in Niagara Falls with his wife Maria, claims he had stepped in to try and break up a heated argument between two men when one of them suddenly attacked him.

The newly released video, taken with on a cell phone camera, shows Grisanti struggling as he is held down on the floor by security guards before eventually staggering to his feet.
He can then be seen shouting furiously while punching the air with his fist.

Things appear to settle down but barely a minute later another scuffle breaks out.

A man is seen being helped to his feet before the camera swings round and the senator is shown being pinned to the wall by his throat as he is restrained by five burly security staff.

At the end of the video he is seen being escorted out of the casino by a security guard.

According to a report in the Buffalo News a witness claims he heard the Senator make a racist remark at a black security guard while he was being restrained.

Ross L. John Sr., a former member of the Senecas' Tribal Council, said he is certain he heard Grisanti yelling a racial slur 'at least twice' at a black security officer who had subdued him.

John, who said he would report the matter if he becomes a witness in the case, told the paper: 'I was maybe 15 feet away. I heard it.

'[Grisanti] yelled, "Don't you know who the **** I am, you *****?"'

So, this is the extent of Reggero's political experience, working for a racist, rage-monkey lunatic who will be bounced from office later this year (if there is any justice in the world).

And, of course, Grisanti was endorsed by the Independence nuts, a political party that seems to prize unhinged behavior above all else. In fact, it appears to be a prerequisite.

But I'm sure Reggero work out just fine given his amazing credentials.

I have an idea. Why not hire an actual accountant -- you know, someone who has an actual degree in accounting -- rather than another Independence Party flack who's only goal is to live off the taxpayers' dime?

Watch the video below if you would like to see distinguished gentleman Grisanti in action (sorry about the stupid ad).

But I Thought You Liked Me?

So nobody showed up for Terry B's presser last week?:

Chairwoman Terry Bernardo called a press conference for Friday, April 20th for the media to witness the “historic” signing of the shared services (tourism promotion) agreement between the City of Kingston and Ulster County. Woo hoo! Pass the popcorn.

Well… they could have passed the popcorn except there was nobody there to pass it! That’s right. Not a soul. Not one member of the press showed up, which led to a highly informative press release about the momentous signing. Snore, snore, snore – if you have insomnia, click here to read the release.

That's too bad.

Time to break out the trapeze!



Update: Thanks for the tip on the typo.

Good Turnout for Fluid Ban Meeting

It appears that the issue of dumping the detritus of hydraulic fracture drilling onto Ulster County's roadways is an issue that transcends political boundaries. At last week's meeting at UCC SUNY Ulster, virtually every speaker came out against the practice, which, for the uninitiated, involves using the fluids left over from drilling -- which includes nasty stuff like the carcinogen benzene -- onto our roads to help the fracking industry dispose of its waste keep our roadways clear of ice:

Hundreds of residents turned out at the SUNY Ulster gymnasium Tuesday night, to support Ulster County's proposed law banning fracking fluids from being used on county roads. A public hearing was held by the legislature, seeking input from the community.

“Fracking” refers to hydraulic fracturing, a method of extracting natural gas from deep shale by injecting what some say are toxic concoctions at high pressure, deep below the ground.

[. . .]

More than 60 speakers told the legislature that fracking is generally a bad idea. Their only criticism of the bill was universal desire to increase criminal penalties, and eliminate any possibility for legally sidestepping the prohibition.

Ulster is the first county in New York to consider such a bill prohibiting frack brine on roads. Last year, Ulster's legislature unanimously voted to ban fracking on county-owned land. Home rule law prevented the ban from extending throughout the county as a whole.

And it appears our legislators are on board, though Ken Ronk is on the record as having no problem with the practice, at least if his statements during legislative sessions are any indication. Get with the program, Ken. Your constituents are way ahead of you on this, as usual.

Ready for Boot Camp?

This is a really good idea, and I like the fact that it's non-partisan (I don't think Robin will mind if I re-post this in its entirety):

I am pleased to announce the next phase of the Liberty Coalition’s plan to put the political process back in the people’s hands and take it away from the politicos, cronies, and self-interested party bosses. The Liberty Coalition will be hosting several sessions of the Political Action Boot Camp for everyone who wants to help take back the Ulster County government. We will show you how to get involved in your town government, how to become a member of your Party’s County Committee, and how to help candidates you support get on the ballot and get elected. If you are not enrolled in a political party and you want to stay that way, you can still participate.

The power to effect change is in our hands. This is a countywide initiative to take back our government and we are working with concerned citizens in every town. The initial trainings will be conducted in two different locations and are open to anyone who wants to help us move forward. Hopefully you’ll decide to join our efforts, but you’re under no obligation. If nothing else, come to listen, learn, talk and meet some of your neighbors.

Session 1 – Wednesday, May 16
6:30 to 8:30 PM
Clintondale/Highland location – TBA

Session 2 – Tuesday, May 22
6:30 to 8:30 PM
Saugerties location – TBA

We have limited seating so you must pre-register. We will not share or post registration info or attendees names. The only people who will know you attended are the other attendees. To reserve a seat, send an email indicating location preference to nylibertycoalition@gmail.com (kept confidential) and we will email directions (both locations are private residences).

Boots on the ground to restore liberty!

Robin Vaccai Yess, Spokesperson
Liberty Coalition
nylibertycoalition@gmail.com

Whatever your personal politics, the fact is we have a bunch of self-serving leaders who are really more interested in feathering their own nests than in good government. One of the reasons they're able to get away with all of this cronyism is that more good people, from a broad cross-section of political opinion, don't get involved.

If we don't pay close attention to what our leaders our doing, we have no one to blame but ourselves when they sell us out to the highest bidder. This is one small way that you can put your money where your mouth is, and begin the process of putting our government back hands of the people.

And $1 Million Evaporates

Privatizing government services is always a bad idea. The idea that private, for-profit business can do a job more efficiently than non-profit government has always been ludicrous. Business has a mandate to always seek new profit centers, by whatever means necessary. If this means "cutting corners," so be it. Let the court system sort it out if people don't like it.

One of the things that Mike Hein got dead wrong, then, is the privatization of Golden Hill. And things aren't going to plan right from the get go:

Ulster County legislators have agreed to sell the county’s certified home health agency license and its long-term health care program license for $400,000 — an amount far less than the $1.4 million they anticipated receiving in 2010, when the Legislature agreed to get out of the home healthcare business and sell its licenses.

The value of the licenses plummeted in December after the state lifted an 18-year moratorium on the issuance of new licenses, opening up the market to private companies that previously had been unable to obtain them.

Liston Health Care Inc., which operates in Ulster County under the name Willcare, had offered the county $1.4 million for the county’s licenses in 2010 when the county decided to get out of the business.

$1 million isn't chump change. It's enough to pay 20 Fawn Tantillos for the purely nominal work they do, for example.

As the years roll by, expect Willcare to trim services as a way to increase their bottom line. It's how these companies roll.

Privatizing Golden Hill was a huge mistake, and in the long run the county's seniors will be the ones to pay the price.

RIP, Levon Helm

I would be remiss in not mentioning the passing of one of Ulster County's greatest citizens:



Take a load off, Levon.

Tell Us What You Really Think, Dave

Donaldson weighs in on the Thomshaw debacle, and it ain't pretty:

Donaldson, now the Legislature’s minority leader and one of only three legislators to vote against Bernardo’s election as chairwoman, called Bernardo “evil” and said the way in which he (sic) dismissed Thomshaw was “disgusting.”

“I’ve never seen anybody, anybody act the way she does,” Donaldson said. “I’ve never seen anybody that heartless.”

I've seen people who are that heartless, but they're usually in documentaries about World War II.

NYC DEP: Esopus Creek is Our Personal Sewer

Last year was bad enough:

Ulster County has filed a notice of claim to sue New York City for discharging muddy water from the Ashokan Reservoir into the lower Esopus Creek, County Executive Michael Hein said on Tuesday.

Hein said at an afternoon press conference that the notice was filed in U.S. District Court in the Northern District of New York and cites 79 days of muddy discharges. The suit was filed under the terms of the federal Clean Water Act, he said.

Hein, visibly angry during the press conference, was joined by county legislators, environmental experts and agriculture representatives.

“New York City ... is showing a blatant disregard for the health and welfare of our residents and the lower Esopus environment,” Hein said. “They need to stop the discharges immediately and make things right. If they are unwilling to cease their actions, the county ... will use every resource at our disposal to protect natural resources, property and the economic prosperity of our community.”

And now they want to double what they dumped on us in 2011:

Ulster County Executive Michael Hein is concerned about a New York City Department of Environmental Protection plan to double the amount of turbid water dumped from the Ashokan Reservoir into the lower Esopus Creek.

Hein said city officials still have not explained how they decided to release 600 million gallons of turbid water per day during the past two winters and now are working to increase the amount to 1.2 billion gallons by 2014.

“They are setting themselves up to double the amount of damage they’ve already done,” Hein said.

Of course, a DEP flack says Hein is wrong, wrong, wrong:

City spokesman Farrell Sklerov said there already is the ability to release 1.2 billion gallons per day from the reservoir’s west basin into the creek but that it will abide by an interim permit approved by the state for releases of up to 600 million gallons per day from west basin and 400 million gallons from the east basin.

“We don’t contemplate doing anything beyond what’s in the protocol, and there’s no current project under way to upgrade ... or to modify the release channel itself,” Sklerov said. (emphasis mine)

Translation: We have future plans to do exactly what Hein says we're going to do.

Look, many of us here in Ulster have connections to the city. Some of us from the city originally, or we have siblings or children who've moved down there because, you know, jobs, etc. But the city acts as if we're a bunch of country bumpkins who can just be run over whenever we get in the way.

And while we understand that NYC must have its water (can you even begin to imagine what might happen if the city went dry?), we're the major stakeholder in this. It's our water, after all.

I'm not Hein's biggest fan. I think he's a politician first and a good neighbor second. But he's been a pit bull on this issue, and he's no country rube who will be steamrolled by the city's Armani suits.

Can you imagine what would happen with someone like Len Bernardo in charge? I shudder at the thought.

Quigley Wiggly

Ulster Town Supervisor Jim Quigley is still winning friends and influencing people. From Ulster Report:

Details still emerging but we were appalled that Supervisor Jim Quigley has chosen to deny health care for former Deputy Chief Sinagra. We know of the Quigley/ Sinagra feud but we hope that our esteemed Supervisor would not deny a town officer that protected his and my community his health care.

This whole thing is nothing more than Quigley's sour grapes over Sinagra's support of Quigley's opponent in the last election. And, if you've watched Quigley's bullying behavior at different meetings, it won't surprise you that he's capable of holding such a petty grudge.

Sinagra, on the other hand, believes that his contract entitled him to retirement benefits as a result of his long tenure with the Town of Ulster Police. In fact, he went so far as to file a grievance with the town board. This grievance was summarily denied at the last board meeting:

Resolution of the Town Board Formally Approving and Adopting Supervisor
Quigley’s Memorandum dated February 17, 2012

Whereas, former Deputy Chief of the Town of Ulster Police Department Joseph Sinagra filed a
grievance against the Town of Ulster alleging that he is entitled to receive certain retiree health
benefits from the Town of Ulster; and

Whereas, said grievance was received by the Town of Ulster Supervisor’s Office on or about
February 2, 2012; and

Whereas, the Town of Ulster Supervisor responded to said grievance on February 17, 2012 with
the attached Memorandum, which is incorporated herein and made a part hereof; and

Whereas, in said Memorandum, the Town of Ulster Supervisor denied the grievance in all
respects; and

Whereas, it is the intent of this resolution for the Town of Ulster Town Board to formally
approve and adopt said Memorandum and to deny said grievance in all respects; now, therefore,
be it

RESOLVED that the Town of Ulster Town Board formally approves and adopts Supervisor
Quigley’s Memorandum dated February 17, 2012; and be it further

RESOLVED, that that the Town of Ulster Town Board hereby denies the grievance of Joseph
Sinagra in all respects; and be it further

RESOLVED that the Town of Ulster Town Clerk send a certified copy of this resolution to
James A. Seyfarth, Joseph Sinagra, and William Wallens, Esq. within ten (10) days.
2nd by Councilman Brink

Four Ayes – Supervisor Quigley was absent

I use the term "summarily" because the resolution offers nothing as to why this decision was made. If Sinagra is entitled to these benefits, Quigley and the board have no right to deny them. Of course, Quigley's lickspittle board voted in lock-step with their fearless overlord, despite the fact that the little tyrant himself wasn't present.

And Sinagra is a true professional, from what I've heard. I doubt seriously that he would ask for something he didn't rightfully earn. Don't be surprised if litigation follows.

And Jim "Napoleon" Quigley really needs to stop running the Town of Ulster as if it's his own personal fiefdom. The voters deserve better.

Is it just me, or do we seem to have an awful lot of petty tyrants here in Ulster?

Bernardo Watch: The Purge Continues

In keeping with the Bernardo regime's promise to bring fresh blood to Ulster County government, yet another loyal county employee has been led to the executioners block. Legislative clerk Nettie Thomshaw has been summarily fired, likely to make way for yet another crony appointment. Who's it going to be this time, Terry? I know there are plenty of hangers-on within your immediate circle who can't seem to otherwise hold down a regular day job.

Just which one of these brown-nosers and miscreants will get the nod? Who knows. And it also makes you wonder who will be next to the guillotine in the Bernardo putsch.

Truly sickening.

O'Halloran Running For Full Term in Rondout

Is there a wheel to which this tireless man of the people isn't willing to put his shoulder?:

Petitions for election have been filed by: Costello of 29 Laurel Hollow Estates, Kerhonkson; Wayne Beckerman of 116 Leggett Road, Stone Ridge; David O’Halloran of 230 Boice Mill Road, Kerhonkson; Rebecca Versace of 14 Church Hill Road, High Falls; and Michael Redmond of 4974 U.S. Route 209, Accord.

Robin Yess is among those who are questioning whether O'Halloran really has the time for all of this:

O’Halloran, also IDA Board Chair, will have his hands full with these two posts; although more than a year ago he indicated he wanted to step down from the IDA – that hasn’t happened yet. Perhaps the school board seat – where he is more likely to make a difference – will be the catalyst for exiting the IDA he’s been waiting for.

He'll keep both gigs. That's my guess. Or, maybe O'Halloran will surprise us all and do the right thing (crickets chirping).

Gallo Hopes to Meet-and-Greet His Way to Re-Election

Despite the fact that it's a four-year office, it appears that Mayor Gallo's re-election effort is already in full swing:

Kingston Mayor Shayne Gallo continues his string of meet and greets this morning at the Broadway Lights Diner.

The mayor started the meet and greets during his campaign for office and has continued them ever since. He said it's a way to keep an open dialogue with residents.

Put another way, this is also a great way for an incumbent to campaign on the taxpayers' dime. And smart elected officials never stop campaigning.

Killing two birds with one stone, so to speak.

Gallo Caves on Inspection Promise

Sounds like the city really is going to need a qualified code enforcement officer:

As part of Kingston’s crackdown on quality of life issues, the city is going after building code violations. Mayor Shayne Gallo said absentee landlords are not going to be let off the hook if violations are found on their properties.

“We’re not going to put up with the fact that they rent their property to individuals and then aren’t concerned about code compliance or the safety of the tenant who is occupying the rental unit,” Gallo said.

Gallo has apparently backed off his promise to toughen the laws on rental permits:

Mayor Shayne Gallo says he will no longer push for the adoption of a law requiring landlords to notify the city each time they rent to new tenants.

Instead, Gallo said, he wants to “cooperate” with the Common Council and step up enforcement of the city’s so-called Landlord Registration Law by, among other things, seeking quarterly inspections of rental buildings.

Gallo’s decision to back off his press for the Rental Safety Certificate also comes after a meeting between him and other lawmakers this week who say the session saw no progress toward compromise on the proposed Rental Safety Certificate law.

To inspect every rental in the city quarterly is a good idea on paper, but probably a pretty bad one from a practical standpoint. Given the number of rental units in the city, I would guess you'd need as many as a half-dozen new, full-time inspectors in order to make this work. And the investment probably outweighs the return in these lean economic times.

But more should be done regarding rental safety and the decrepit state of some of the housing in Kingston. And if you look at the charter, there's already a law regarding rental permits, outlined in section 332-9:

A.

Rental permits.

(1) No rental property and/or building as defined herein shall be occupied by anyone, including any tenants, without a valid rental permit.

(2) The Building Safety Division of the Kingston Fire Department shall issue such permit after receipt of a valid landlord registration statement as discussed herein. Such rental permit shall be valid until such lime as the owner or any new owner is required to file a new landlord registration statement.

(3) The owner and/or managing agent must present the previous rental permit at the time that the new landlord registration statement is submitted.

B.

The following is the fee schedule applicable to the inspections required by this article:
[Added 9-14-2004 by L.L. No. 4-2004, approved 10-5-2004]

(1) Dwelling units, including apartment buildings, residential rental property.
Number of Units Fee
1-3 $50 per rental unit
4-9 $100, plus $45 per rental unit
10-20 $200, plus $40 per rental unit
Over 20 $350, plus $35 per rental unit

(2) Rooming houses.
Number of Units Fee
1-9 $100, plus $35 per unit
10-20 $200, plus $30 per unit
Over 20 $350, plus $25 per unit

(3) Canceling inspection within 24 hours of appointment: $20 per unit.

(4) Failing to be present at time of appointment: $25 per unit.

So, here's my question: why not simply amend the current law in such a way that a property has to pass inspection annually, something which is done in cities and villages across the state and country? Now, the law says that inspections are to be done at a minimum of every two years, which is way too long an interval (three months is probably overkill). And the law also appears to be silent as to whether failing an inspection would automatically revoke a landlord's rental permit. Amending the current law, and tying the permit to the inspection, would seem the path of least resistance.

But more inspections will be needed, no doubt. All the more reason to hire someone with a strong background and the proper civil service credentials, as the whole inspection process is probably going to need to be revamped.

And it's also going to cost money, so changing the fee structure in order to pay for all of this is also probably a good idea.

Too many Kingston lawmakers are in the pocket of local slumlords. No wonder they like the law just the way it is.

Just A Small Town Girl

To all the Bernardo fans out there:

Hein Bans "Brining" of Ulster Roads

Love him or hate him, Hein gets this one right:

Ulster County Executive Michael Hein on Thursday signed an executive order prohibiting the purchase or use of hydraulic fracturing fluids on the 424 miles of county roads.

The order was signed at the county Department of Public Works garage and comes less than a week in advance of a county Legislature public hearing to ban use of hydrofracking “brine” for deicing or dust control.

“I believe an executive order is now required to eliminate any ambiguity once and for all,” he said.

[. . .]

“Keeping this kind of material out of the county is absolutely essential,” she said. “The brines contain not only heavy salt solutions, which are terrible, but also chemicals, potentially heavy metals, and according to the New York state Department of Environmental Conservation radioactivity.”

Didn't realize just how nasty this stuff is:

Chemical additives used in fracturing fluids typically make up less than 2% by weight of the total fluid.[45] Over the life of a typical well, this may amount to 100,000 gallons of chemical additives. These additives (listed in a U.S. House of Representatives Report[46]) include biocides, surfactants, viscosity-modifiers, and emulsifiers. They vary widely in toxicity: Many are used in household products such as cosmetics, lotions, soaps, detergents, furniture polishes, floor waxes, and paints,[47] and some are used in food products. Some, however, are known carcinogens, some are toxic, and some are neurotoxins. For example: benzene (causes cancer, bone marrow failure), lead (damages the nervous system and causes brain disorders), ethylene glycol (antifreeze, causes death), methanol (highly toxic), boric acid (kidney damage, death), 2-butoxyethanol (causes hemolysis). Gamma-emitting isotopes (radioactive; can cause cancer) are also included in the fluid as tracers. Some of the isotopes used are Antimony-121, Antimony-122, Antimony-123, Antimony-124, Antimony-125, Antimony-126, Antimony-127, Chromium-51, Cobalt-57, Cobalt-58, Cobalt-60, Gold-198, Iodine-127, Iodine-128, Iodine-129, Iodine-130, Iodine-131, Iridium-192, Iron-59, Krypton-85, Lanthanum-140, Potassium-39 (activated to Potassium-40), Potassium-41 (activated to Potassium-42), Potassium-43, Rubidium-86, Scandium-45, Scandium-46, Scandium-47, Scandium-48, Silver-110, Strontium-85, Xenon-133, Zinc-65, and Zirconium-95. Several are typically combined and injected together.[39][40][41] Their half lifes range from 40.2 hours (Lanthanum-140) to 5.27 years (Cobalt-60).[48]

Probably a good thing it will no longer be running through our storm drains. Kudos to Hein for doing the right thing.

Here We Go Again

David O'Halloran's vendetta against Steve Aaron continues:

Developer Steve Aaron will lose a special tax break deal on a Flatbush Avenue apartment complex after failing make a back tax payment owed on the facility before a deadline set for today, officials said.

David O’Halloran, chairman of the Ulster County Industrial Development Agency, said he will sign documentation on Friday to “terminate” Aaron’s payment-in-lieu-of tax plan for the Birchwood Village apartment complex.

Interesting that the Freeman should be on this story so quickly, isn't it? Almost as if O'Halloran went out of his way to contact the paper. And this isn't about taxes. If it were, then O'Halloran would already know that this matter is currently being litigated. Birchez thinks the city botched the assessment. It's as simple as that. This was all outlined in a letter to the editor published in the Kingston Times back in early January:

Over two years ago, Birchez asked for assistance from the IDA attorney and Lance Matteson, president of the IDA, to append, that is to have them clarify, not change, the PILOT. We asked for instructive language that the 581(a) section of the RPTL be applied to calculate the assessed value upon which the PILOT would then be determined. The statement that we “would pay no taxes” under current RPTL — attributed to IDA Chairman David O’Halloran in the article — is incorrect. In fact, prior to the initial IDA Board meetings on the issue, we had shown, in a presentation to Mr. O’Halloran, the PILOT amount Birchez legally owed.

Birchez believes that the assessment is wrong, and even asked for the IDA's help. The company also tried to pay these taxes, but were rebuffed by Kingston officials:

We have made attempts to pay the amount we owe under the law. When the payments were not accepted by the city tax collector, we then deposited funds each year into an escrow account. We were not asked for a payment plan as stated in the article, nor would one be required as the monies put into escrow are double the amounts that are legally owed; the monies remain in escrow to this day. To say that our water and sewer bills with the City of Kingston are unpaid is another false statement attributed to Mr. O’Halloran. We remain current with Birchwood Village’s water and sewer bills.

Follow the link above if you want to see a copy of the cancelled check.

So what's going on here? And why is the Freeman refusing to look into this matter? It boggles the mind.

What is clear is that, for whatever reason, O'Halloran has it in for Birchez. Again, O'Halloran is buddy-buddy with the Bernardos. And Len Bernardo sits on the board of Ellenville Regional Hospital, a company that will benefit from the privatization of Golden Hill -- especially if they can get Birchez out of the way and go with their own developer (cough*Jonah Mandelbaum*cough).

O'Halloran is as unprofessional and self-serving as they come. I wonder how long it will be before someone decides that his fleabag hotel should receive a visit from the health department?

John Parete Moving Day Countdown: 252 Days to Go

John Parete is going to be looking for a few friends to help him move. From section A2-3 of the Ulster County Code:

Each member of the County Legislature shall, at the time of the Legislator's nomination and election and throughout the Legislator's term of office, be and remain a qualified elector and resident of the district from which the Legislator is elected, except that for an election immediately following the reapportionment of County legislative districts, the incumbent County Legislator representing a district redrawn in such reapportionment shall be eligible for nomination for election in either his or her district of residence or any newly drawn district which is contiguous to his or her district of residence, provided that the County Legislator shall become a resident of the district represented no later than one year after taking office. (emphasis added)

When Ulster County redrew the district maps, John Parete's district lines shifted, so he now has to establish residency in the new district. He's in compliance with the letter of the law, for now. But I can't imagine he's going to sell his house in Marbletown, can you?

Parete currently lists an apartment on Route 28 in Boiceville as his legal residence. I guess the house in Stone Ridge will become his weekend getaway.

Definitely worth watching.

Tamarack Burns

Just terrible:

A massive structure fire Saturday eviscerated most of the old Tamarack Lodge and left several families homeless.

The flames erupted at 3 p.m. near the former Greenfield Park resort and soon jumped across Route 52, setting roughly 200 acres of brush and bungalows ablaze, said Ellenville fire Chief Howard Troue.

He expected crews to be busy into Sunday morning putting out stubborn, wind-swept flames. At least four firefighters suffered minor injuries.

A big chunk of it had been condemned in recent years, but the Mohegans obviously had high hopes someone would rescue the place:

The fire destroyed some 30 resort buildings and adjacent cabins, Troue said. The cause remains unclear.

Most of the vintage bungalows had been abandoned many moons ago. But some were occupied by members and friends of the unrecognized Western Mohegan Tribe, owners of the 255-acre property since 2001.

The tribe filed for bankruptcy March 9, staving off a sheriff's sale of their property. Chief Ron "Golden Eagle" Roberts, a truck driver, was in Pennsylvania Saturday, according to son Ron Roberts Jr.

Yet another piece of the old Catskills gone.

A Diversion

Try to keep the spit-flecked rhetoric to a minimum (who am I to talk):



Who says we don't entertain?

Maloney Baloney

Jeanette Provenzano makes a good point about the "Truth in Taxation" theater subcommittee:

Ulster County is the only county in New York that passes Safety Net costs onto its municipalities. Provenzano said she finds it “incredible” that the legislature is spending so much time talking about listing the costs in the town’s tax bills, when “we should be fighting to change it.”

Tax bill aside, there's no doubt that this is nothing more than a stunt designed to garner headlines to make those involved (that is, the Bernardos/Independence Party) look good in the eyes of the taxpayers. Robin Yess agrees:

It’s a publicity stunt by Bernardo, Maloney, Quigley and Chipman – and to say what? “Oh, here you go taxpayers, we worked very hard to make sure all of these expenses are itemized on your tax bill.”

Is it any wonder that this thing lacks substance, Robin? Look at who the architects are.

As for Maloney, Provenzano isn't the only person to think his elective office as county legislator is incompatible with his appointed position as assessor for the Town of Ulster. John Parete, some will remember, sued Maloney in state court over this a few years back:

Mugglin, J. Appeal from a judgment of the Supreme Court (Bradley, J.), entered July 15, 2004 in Ulster County, which granted petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to direct respondent to resign from either his position as Ulster County Legislator or his position as Town Assessor for the Town of Ulster.

In this combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, petitioner seeks a judgment requiring respondent to immediately resign from either his elected position of Ulster County Legislator or his appointed position of Town Assessor for the Town of Ulster, claiming that the two positions are incompatible and cannot be simultaneously held by one individual. Further, petitioner seeks a judgment requiring respondent to return—to either the Town or the County—all compensation received by him from the time he began holding both positions until his resignation from one of them and, if he fails to immediately resign from one of the positions, that his current position as Town Assessor be declared vacant. After holding that petitioner had standing to bring this proceeding and that the Town and County are not necessary parties thereto, Supreme Court ruled that the appointed office of Town Assessor and the elected office of County Legislator are incompatible and may not simultaneously be held by respondent. As a result, the court granted petitioner's application and ordered respondent to resign from one of the positions. Respondent appeals.

Petitioner concedes that he did not plead or prove standing pursuant to statute (see [*2]General Municipal Law § 51; Matter of Dykeman v Symonds, 54 AD2d 159, 162 [1976]). Nevertheless, he argues that, as Supreme Court found, he has common-law standing to maintain this proceeding. However, petitioner does not qualify for "Common-Law Taxpayer Standing" (Matter of Colella v Board of Assessors of County of Nassau, 95 NY2d 401, 410 [2000]) as no impenetrable barrier to judicial scrutiny exists (see O'Malley v Macejka, 44 NY2d 530 [1978]). Moreover, were we to reach the merits, we would find that petitioner has not compellingly distinguished O'Malley v Macejka (supra), which holds that these two positions are not incompatible. As such, the judgment must be reversed.

If I'm parsing the legalese correctly, the first court ruled in Parete's favor, but the appellate court overturned the initial ruling because Parete didn't have standing to bring the case. The appellate court also appears to say that it would have ruled against Parete, even if he had legal standing.

But James D. Cole, writing for Municipal Lawyer magazine (PDF), suggests that someone in Maloney's position should at the very least recuse himself on any issue that might overlap with his duties in the Town of Ulster:

In some instances, it is foreseeable that the holding of two positions will result in conflicts of duties, but they are neither numerous nor significant. In other instances, conflicts may not be inevitable. In these situations, recusal is an appropriate remedy.

In other words, Provenzano and Yess are right to be concerned, as should be the tax payers of Ulster County. It doesn't make sense for Maloney to head the committee, given the potential conflicts of interests with his day job.

And this whole thing could turn from silly to ugly very quickly if more municipalities start in with these safety net shenanigans.

UPDATE:

And of course Chipman and Quigley are the two town supervisors in Ulster County who didn't budget for safety net payments to the county this year, as Yess points out. Sigh. It's enough to put you off your dinner.

Bernardo Watch: Tax and Spend Terry

In the latest Bernardos-capade, Terry saves the good people of Wawarsing by taking credit for something she had very little to do with.

Ulster County took a significant step forward in beginning the process for homeowners flooded by the New York City Department of Environmental Protection aqueduct to have their homes bought out as County Legislature Chairwoman Terry Bernardo signed an agreement that calls for the DEP to provide $3.1 million to be applied toward those purchases.

The state will kick in another $3.8 million for the voluntary program, which Bernardo has been working on for the last several years.

After her hero Bonacic convinced a bunch of his cronies to use state flood money to buy out some homes ruined by the leaking DEP tunnel, loyal-puppy Terry praises the Senator and then spins the news in her direction.

And what the hell? Isn't this NYC's problem? Why the hell should NY State foot the bill for this?

And we're all supposed do happy somersaults now that our state funds are being used to pay for the city's malfeasance. Even with the DEP's matching funds, many in the affected area won't be able to take advantage of the deal. Now all that property will be off the tax rolls and those ineligible for buyout will see their property values drop.

To Bernardo, it's a win, probably because she got her picture in the paper.

It Had to Be Hugh

Interesting that the KT's Hugh Reynolds's column for this week doesn't mention that Mike Madsen (Gallo, Bernardo, et alia) decided, suddenly, that his erstwhile gig as Kingston's code enforcement officer would take way from the time he needs to spend as head of the Office for County Development (such altruism). I'm guessing that Hugh filed his column before the news about Madsen hit. Of course, his argument last week was that cronyism is the price we pay for living in a democracy, so his nothing-to-see-here-folks attitude could also explain the oversight. Let's see if he mentions it next week.

Well, What Do You Know?

It appears the commenter from a couple of days ago was correct. Madsen out as Kingston code enforcement officer:

A former city and Ulster County lawmaker hired by Mayor Shayne Gallo as a zoning enforcement officer for Kingston is having his responsibilities changed.

Michael Madsen said on Thursday that a decision has been made to remove him from the zoning enforcement position so that he can spend more time as the housing rehabilitation specialist in the city’s Office for Community Development.

Madsen was assigned to do both jobs when he was brought on board in February, but he said on Thursday that the Gallo administration’s push to improve housing conditions in the city needs more attention.

“Rather than do two jobs not at their fullest, let’s concentrate on having me do what I can do full time to the best of my ability,” Madsen said.

And it's good to see Paul Kirby asking tough questions:

Madsen, a contractor by trade, never took any courses in zoning enforcement but said he was planning to do so before his duties were changed.

It would be a sign of good faith for Gallo to look for some new blood. According to the charter, the City of Kingston can hire from within a 10-mile radius of city limits:

Except as otherwise provided in laws, statutes, rules and regulations which are superior to and binding upon the City of Kingston, New York, and which provide that employment in certain categories shall be open to applicants from a wider geographic base, all employment by the City of Kingston, New York, shall be restricted to domiciliaries of the County of Ulster, New York, who are domiciled within not to exceed a ten-mile radius externally from the geographical limits of the City of Kingston.

You know, I'll bet there's a civil service list of qualified candidates out there somewhere. Hmmm.

Good Question

Robin Yess asks a good question:

Is Ronk overworked or is Bernardo controlling the Legislative Committees?

Yess is asking why Ronk sould have five committee assignments when there are three legislators who have only one. Well, all you can do in such circumstances is ask whether such control of certain committees would be beneficial to the friends of those doing the controlling. According to Yess, Ronk currently sits on Environmental, Energy & Technology; Health & Personnel; Law Enforcement & Public Safety; Law & Rules, Governmental Services; and Social Services. It appears that these committees constitute the bulk of spending here in Ulster -- other than Public Works & Capital Projects.

Then Yess gets a little snarky:

It seems unfair and unreasonable for Ronk to have five committees while three other Legislators have only one. After all, you didn’t elect your Legislator to hold the title, but not work on behalf of your district, did you? To solve this problem of inequity, take three committees away from Ronk and give one extra each to Aiello, Bartels and Gerentine. Then every Legislator would have at least two committees, which is fair. The added bonus to taxpayers is that we’d have at least one committee not being controlled by Bernardo. That would be the one that Bartels gets.

I get the feeling Ronk isn't on these committees because he's a workaholic. It also might be worth asking Bartels why she has just one committee assignment. I can't imagine it's because she's too busy. Was she shut out by the Bernardo/Independence cabal because she's a vocal member of the opposition? Stranger things have happened. Of course, the other two members with just one committee assignment were also endorsed by the Independence Party, so there doesn't appear to be a clear pattern here.

Still, it bears watching. Just what are they up to, anyway?

Argumentum Ad Antiquitatem

One of the things we can thank the ancient Greeks for is the introduction of logic to human culture. The Greeks identified a number of different ways in which humans make logical mistakes. Sometimes we do it intentionally, for example the ad hominem attack designed to distract from the message by attacking the messenger. That's one we see every single day, probably, especially on the cable news channels.

But the best educated among us, and particularly those who have soapboxes from which to spread a message to the public, really should do more to ensure that logically fallacious thinking doesn't permeate our discourse to such a degree that it becomes the "way things are."

This is why Hugh Reynolds's latest column is so disappointing. Reynolds's March 30 column, entitled "Orange (County) Crush" (you simply cannot pay enough money to editors who write such great headlines), is an exercise in how to appear to get everything right, when in fact you're getting everything wrong. Reynolds's take on Kingston Mayor Shayne Gallo's crony appointments is, "both sides do it":

It might have been Julius Caesar who once said, “Hey, can we get Brutus a job? The kid was great against the Gauls.” Some called it patronage.

Americans trace political patronage to the Andrew Jackson era, when it was famously declared “to the victor belong the spoils.” Were the first six presidents too noble to reward friends and campaign contributors?

You see? Everyone does it, so there's nothing wrong with it. It's a bit like jaywalking or taking a couple of extra copies Kingston Times out of the newspaper machine.

Kingston Mayor Shayne Gallo got a bit defensive when quizzed about the six-pack of campaign allies prowling City Hall. History indicates that for better or worse the new mayor is not much different than other pols.

So far, six snouts are swilling from the city trough, ranging from $75,000 a year for Corporation Counsel Andy Zweben to $14,000 a year for go-go part-time parking ticket-man Jeremy Blaber. All are close confidants of the mayor, people who worked in his campaign, people he knows and trusts. In at least one case, that of former alderman and Working Families Party doyenne Jennifer Fuentes, the mayor’s sensitive hide was saved by her action in last year’s Democratic mayoral primary. Recall, Gallo defeated Hayes Clement by an official seven votes. Those Working Families boots on the ground made the difference and more. Fuentes got a $55,000-a-year job as head of the city’s community development program, replacing Mike Murphy, a crony of former mayor Jim Sottile. Murphy never saved Sottile’s electoral bacon, but he did help him win a few golf tournaments.

All things being equal, and they rarely are, the question should be whether these people are reasonably competent to handle the jobs they’ve been given. Call Gallo lucky or a superior judge of talent, but so far the answer seems to be yes. Gallo’s campaign pledges to change the culture at City Hall notwithstanding, a system that has served the system for all these years isn’t about to change.

Hugh is making the logical mistake known as the "appeal to tradition." Everyone does it so it can't be wrong.

No doubt Gallo has a right to be defensive, and a bit confused. "Why are they picking on me?" he's probably asking himself. Well, he did run on a platform of bringing reform to a deeply dysfunctional city, one in which the old way of doing things was making a mockery of due diligence and other important checks and balances on local government.

So, what does Gallo do upon winning office? Does he cast a wide net, looking to bring new blood into local government, folks who don't have political axes to grind who aren't owed, or owe, favors to their friends? No, we get the same-old same-old.

It's disappointing, and the voters have a right to question Gallo's rather cynical decision making.

And when it comes to important positions like Code Enforcement Officer, there are, potentially, actual human lives involved. It's not a position I would take lightly if I were an elected executive, and I would go out of my way to find the finest civil servant I can. I would also argue that hiring someone who doesn't have "deep roots" in the community doesn't owe anyone anything, which significantly reduces the chances of corrupt practices occurring.

So, it's worth keeping an eye on these appointments, especially Madsen. The position of Code Enforcement Officer actually requires a range of credentials, according to NY State Municipal Code and the City of Kingston Charter. Whether Madsen has any of these credentials is an open question.

From section 172-4 of the charter:

The Code Enforcement Officer shall be appointed by the Fire Chief. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

Cronyism is wrong. And Madsen appears to have some serious work to do in order to earn the credentials that would allow him to keep his $29k job. Let's see if he actually does any of it, Hugh.