SamPratt.com

Complaint trains fire on Saland

PHOTO SOURCE: New York State Senate website

Celeste Katz of the New York Daily News has picked up a press release from Hudson and Dutchess County Democrats, which alleges that State Senator Stephen Saland (R-Poughkeepsie) has pressured Hudson Valley fire companies to post supportive messages in front of their stations. The release alleges that Saland has explicitly or implicitly tied the display of such messages to whether the stations will continue to get State grants he’s been authorizing for them.

The allegations appear to be backed up by more than the usual political posturing, as the Democrats have obtained and posted a letter from Columbia County Fire Coordinator James Van Duesen that seems to dovetail with the charges. While careful to state that it’s up to individual companies whether to express support of Saland, the Van Deusen letter has no address for a recipient and is generically headed “Dear Chief”—suggesting this was a form letter sent to more than one chief—and offers this reminder:

Senator Saland has asked for your help by putting a message of Support on your outside signs.

The Senator has over the years supported your Fire Co. with grants and monies.

The Daily News picks up a photo provided by the Democrats of a sign in Hillside, said to be an example of pressure from Saland. (In past election cycles, I’ve noticed slightly more neutral and less flagrantly political payback of this kind, such a “Thank you Senator Saland” sign on a Livingston station.) Volunteer fireman Lloyd Hamilton has joined the complaint filed with the State’s Legislative Ethics Commission (co-authored with City of Hudson Democratic chair Victor Mendolia), stating that:

On October 26, 2010, I took the attached pictures of the Hillside Fire Department sign in Dutchess County. As you will see, the signs say ‘Firefighters for Saland’. I immediately went to the company president and chief and asked why this sign was posted. I objected to the use of the sign and said that, as a taxpayer in the district, I felt it was improper use of taxpayer-owned property to support any politician. I was told that it was done because our department received grants from Sen. Saland and that this was payback for those grants.

I also understood that it was likely that future grants would be influenced by our overtly supporting him, meaning that if we didn’t do this, our ability to receive grants in the future would be in jeopardy.

The core issue here is that upstate firehouses are funded primarily by taxes and government grants, leading to a public expectation that they should remain non-partisan. Beyond any legal or financial jeopardy the complaint might pose to Saland or the stations, residents have a basic ethical expectation that putting out fires is a non-political job, and that having signs out for a different candidate—say for Didi Barrett, who is running against Saland and was just endorsed by the Times—won’t have any effect on the responsiveness of a fire company.

In general, part of the power of incumbency is the ability to dole out small grants, “member items” and other patronage. A quick web search turns up numerous examples of Saland arranging funding (and receiving praise back) for various public safety agencies and organizations, such as the Mellenville Volunteer Fire District, Columbia County Emergency Services, Greenport Police Department; the Rhinebeck Fire Department; the Beacon Police Department; the Roosevelt Fire Department in Hyde Park; the Village of Valatie Fire Department; the Kinderhook Fire Company; the Fishkill Fire Department; and the East Chatham Fire Co. Most applaud such support—but not if it comes with a tacit or explicit demand that the assistance produce  political dividends.

Politicians of all parties are eager to help local firehouses and law enforcement, and there is widespread support for doing so. But tying that support to political endorsements is a major no-no, and Saland owes the taxpayers and residents of his district an explanation. As of the time of this report, he hadn’t so far responded to inquiries from The Daily News.

But it’s probably just a matter of time before Saland takes a page out of the GOP playbook, and tries to deflect from his own alleged transgressions. So look for the sitting State Senator to counter with a demand that the Dems "apologize" to every firefighter in his district—even though the complaint is about Saland's politicking, not about the countless honest volunteers who risk their lives to keep our homes safe.

Night life

Wednesday evening, Warren Street, Hudson (NY).

Judge to Wilzig: Pave at your own risk

In the latest legal twist of the Alan Wilzig racetrack battle, 3rd Department Appellate Division Judge Michael Kavanagh signed an Order to Show Cause presented by attorneys for The Granger Group on Monday. In a signed, handwritten addition to the Order, Judge Kavanagh noted that following a conference with both sides, he advised Wilzig’s attorney that:

ANY WORK ON THE FACILITY MAY WELL HAVE TO BE REMOVED IF ON SUBSEQUENT REVIEW AND OR ALL OF THE A.D. DECISION (10/21/10) IS MODIFIED OR REVERSED

Kavanagh had authored the opinion (issued with a surprising brevity and haste) of October 21st which lifted a previous injunction barring Wilzig from performing any work on his proposed mile-long, 40-foot wide racetrack in Taghkanic.

But this new Order to Show Cause [PDF] finds that Kavanagh had heard “sufficient cause” for The Granger Group’s attorneys Warren Replansky and Bob McGreevy to either re-argue the case before the Appellate Division, or else appeal to the next highest court. The Order requires Wilzig’s lawyers to convince the court on November 15th in Albany why the Grangers should not be given another hearing.

The Granger team has already set forth in person and in writing their case for a new  reversal, pointing out that unfortunately the Appellate Division made fundamental errors of law and neglected to address key elements of the case it its decision last week. An affidavit from Warren Replansky supporting the Order and outlining their case can be read in full here [PDF]. In brief, it argues that if let stand, the court will have stood zoning law on its head and gutted the powers of every ZBA in New York State. The more dry headlines from the document are:

The Court in its determination failed to consider the res judicata/collateral estoppel effect of Justice Hummel’s September 17, 2007 ruling on Wilzig’s Declaratory Judgment action

and

This Court misconstrued applicable law and Zoning Board of Appeals procedures in determining that a Zoning Board of Appeals before determining whether a use is, or is not, permitted under a Zoning Law, must first await a determination of the Planning Board to grant or deny site plan approval

Basically, the Granger attorney is stating in the politest way possible to the Appellate Division: “Y’all completely missed the point and ignored the facts of this case.”

Prior to the issuance of this Order, sources in Taghkanic had indicated that Wilzig had already begun soliciting bids for paving of the track. Whether he’s prepared to risk having that work torn up or not remains to be seen, but the imminence of winter may make that decision for him, even if the Court does not.

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Full disclosure: Though I was one of three founders of The Granger Group and remain a financial contributor to the organization, I am in no way involved with steering or otherwise directing the group‘s activities.

Predictable

How can one predict which County, Statewide and Federal candidates will get an editorial tonguebath from the Register-Star this election season?

Easy: If the candidate’s last name isn’t either Cuomo or Schumer (who are locks for Governor and Senator) or Gillibrand (who’s nominally a local resident), it’s a fair bet that the paper will endorse the Republican. Here’s a list of their picks so far:

• CONGRESS: Gibson (GOP) over Murphy
• STATE SENATE: Saland (GOP) over Barrett
• ASSEMBLY: Molinaro (GOP) over Tooker
• COUNTY CLERK: Tanner (GOP) over Donahoe
• CORONER: Blasi-Simonsmeier (GOP) over Davis

Of course, there’s still time for the paper to show some token balance with a Democratic endorsement for Attorney General... But don’t hold your breath. And if they bother to make pics for Governor or Senator, those will surely go to the three Democrats—if only because there’s little utility in promoting either of the sure losers running against them.

Very often, local papers make calculated choices based on who they expect to win, more than who is the worthier candidate, in order to curry favor and secure press access for the future. Here’s hoping that cynical gambit backfires in at least a few of the races above.

One can get a sense of which races the paper fears may be close from the number of bet-hedging phrases the editorialists deploy (e.g., “Both Gibson and Murphy are bright men,” “County residents are fortunate to have two well-qualified candidates [for Coroner]”).

Meanwhile, the question of whether such endorsements swing more than a handful of votes—the Register’s circulation is tiny compared to the County population—is itself worthy of a debate.

UPDATE: The Register has now also endorsed the GOP candidate for Attorney General..

Aphoris(a)m

The 1st Amendment guarantees the right to free speech. It doesn’t require that anyone listen.

Things learned while Googling

Via an Online Slang Dictionary ...

ANTIQUE: Blowing wheat flour into the face of a sleeping drunk so as to make them look old or antiqued when they wake up. (Mentioned on Judge Judy, aired on 26 June 2006 on on KAKE TV of Wichita, Ks.)

Everyone’s a critic

Inspired by one critic’s whirlwind tour of Hudson...

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The last time I was in New York City, I had several vivid experiences which transformed me into an expert on the Big Apple.

First, I saw a young immigrant standing on a busy street corner, trying to hand out flyers for a nearby sample sale. Hundreds of passers-by were callously ignoring him. From this I concluded that New York City no longer welcomes immigrants.

Then I saw several panhandlers, plus a homeless man sleeping on flattened cardboard boxes. From this I divined that there are no more apartments, jobs or compassion to be found in New York City.

Next, I witnessed a taxi having a fender-bender with a delivery van. The drivers were screaming and making obscene gestures at each other. It looked like they might even fight! From this I made a firm vow never to drive or ride in a vehicle anywhere in the City.

While observing this fracas, a bus pulled up before me. My face was blasted with diesel exhaust from a large vent on its side. From this I determined that everyone in NYC will die young from lung cancer.

So instead I ducked into the subway. Immediately I noticed a lot of spray-painted graffiti on the advertisements. Also, people had scratched their names into the glass of the subway doors. From this I recognized with terror that I was surrounded by vandals.

Seeking respite from the streets, I visited a famous art gallery. There were no other patrons of the arts inside. The chilly receptionist did not even look up to acknowledge my presence. From this I perceived that the NYC art scene is dead.

Later, passing by a well-reviewed downtown restaurant, I saw a rat emerge from its dumpster, which emitted a foul reek of rotting food. From this I learned that one should never dine at a well-reviewed downtown restaurant.

I decided to leave immediately, and walked rapidly back to the train station. Along the way, a fire engine passed at high speed, a deafening siren clearing its path.

From this I realized that the whole City was on fire. I hastily bought a ticket for the next train out, and fled.

But my brief visit was not entirely wasted. I am now considered a local authority on New York City, and my friends love to to be regaled with stories of my hair-raising experiences there.

For what it’s Worth

Tag-teaming here on another GoR post, this one about the General Worth Hotel...

In 1940, the Federally-funded Work Projects Administration (WPA) issued the first edition of New York: A Guide to the Empire State. The guide was reissued again in 1949, and contained among others this entry for the City of Hudson:

The GENERAL WORTH HOTEL, 215 Warren Street, is a rare and unusually well-preserved example of Greek Revival architecture [...]

But by 1969, the City of Hudson was moving to tear down what just twenty years earlier had been deemed “unusually well-preserved.” The Worth had been closed for six years—long enough for any building to require some restoration and maintenance, but surely not long enough to warrant complete demolition.

Today’s Hudson officials like to claim that every building torn down in the ’60s, ’70s and on into the ’90s was beyond repair. The simplest rejoinder is the ample local evidence of how individuals have restored much farther-gone buildings—left out in the rain for 10-40 years longer than the General Worth.

Far more ordinary structures than Hudson’s famous Hotel survived far more years of neglect, just waiting to be rediscovered decades later. First-time home owners managed to return countless historic properties to liveable standards (and in some cases, close to their original glory) largely without government assistance.

In that same year, 1969, the prolific architectural writer Ada Louise Huxtable was awarded the first Pulitzer Prize for Distinguished Criticism. It was also the year that Huxtable published several stinging critiques of Hudson “leaders” as they moved to tear down the General Worth and push forward with increasingly discredited Urban Renewal programs.

As Huxtable noted in December of 1969, many American planners and architects had already concluded that Urban Renewal was a mistake. But that realization had not reached the developers and builders and bureaucrats overseeing these programs. And so the bulldozers continued their work erasing America’s architecture treasures. In The New York Times, Huxtable wrote:

The bulldozer approach [is] a thing of the past. Total clearance is dead. We are going to save our cities and spare our pastoral splendors and make an environment that is civilized and humane.

Or are we? Everyone who believes in fairies raise his hand and Tinker Bell will live. There is no corruption in Vietnam, no Mafia in Sicily, and there are no bulldozers anymore.

They’ve all gone to Lexington, Ky., where they moved in at night to start demolition of a three-block historic district, or they work weekends to insure the reduction of landmarks to rubble in Santa Fe. They stand poised to demolish everything around a few token preservation blocks in Denver; they wait to level 148 acres in Pittsburgh; they bide their time for the heart of the historic communities of Salem, Mass., and Hudson, N.Y.

Nothing much has changed except the statements of Federal policy that somehow get lost in the translation at the local level...

In a Wall Street Journal article earlier that year (anthologized in her book Kicked a Building Lately? (1976), Huxtable wrote more extensively about the Worth Hotel’s demise:

The Hudson River Valley Commission, the State Historical Trust, and the National Trust for Historic Preservation urged that it be saved. But political heads prevailed and Hudson demolished its National Register property. Ready for the biggest gag of all? Read it in the Hudson Register-Star:

“A modern Dairy-Queen Drive-In will be constructed on the site of the historic General Worth Hotel that fell victim to the bulldozers last year. The Common Council in special session voted to sell the site for $1,700. Council President Thomas Quigly said the purchase ‘was a step in the right direction to develop downtown Hudson.’”

There are more sadly ironic details in the original article. (Did Hudson ever get that drive-in DQ?) The point being that the approach taken by Hudson officials in the late ’60s and early ’70s was one much of the rest of the nation had already realized was a giant mistake. And yet the General Worth Hotel came down—and after that precedent was set, it was that much easier to find more local victims for the wrecking ball.

From whorehouse to warehouse

Over at The Gossips of Rivertown, Carole Osterink has a post entitled Hudson Renaissance Blamed for Homelessness, taking to task a Reg-Star report on a County housing study.

Those of us who remember Hudson in the ’70s and ’80s—I grew up about 20 miles to the east, and moved to the Not-So-Friendly City in the late ’90s—don’t remember there being any abundance of quality, affordable housing here. But we do remember there being a surplus of abandoned buildings, as well as grossly substandard housing managed by slumlords. Much of the “affordable” housing was often more suitable for squatters than families.

Sure, you could rent stuff for cheap back then. But dirt cheap might also mean a dirt floor. Whether a tenant could get heat, hot water, a roof that didn’t leak, safe wiring, decent appliances and a vermin-free home was another matter entirely. Enforcement of the most rudimentary requirements—for example, that landlords at least provide working fire alarms—only came about more recently.

So any suggestion that Hudson was once some kind of renter’s paradise ignores several  decades when City Hall and HUD turning a blind eye to substandard housing, egregious code violations, and landlords soaking Section 8 for guaranteed rents, while their tenants suffered their neglect.

Does anyone seriously think Hudson would be better off if Gellert and Kravitz got all of their buildings back?

It’s certainly true that some multifamily buildings have been converted to single-family dwellings. But it’s also true that many buildings are sitting either empty or seriously underutilized. The practice of “warehousing” apartments (keeping them off the market, in anticipation of a bigger payday at a later date) is a topic I dealt with in depth last Spring.

Rather than scapegoating those individuals who risked their own time, money and sweat equity to improve one building so they could live in it comfortably, why not pose these questions to those few speculators who have bought large buildings, emptied them of their existing tenants, and left them unused for five or more years?

Ask Eric Galloway why the large apartment house on the corner of 2nd and Warren is still locked up; or Eleanor Ambos what she plans to do with her huge Allen Street and Union Street properties. Ask why Richard Cohen’s buildings on Warren and Fourth are likewise sitting fallow, with neither renovated apartments nor the long-awaited hotel. Instead of pointing the finger at those taxpayers who are filling the City’s coffers and taking pride in their homes, ask why other absentee owners are keeping so many units empty. Even a casual stroll around Hudson will turn up a big inventory of opportunities to house people and alleviate rental pressures.

Whether such buildings and apartments would be best used as temporary homeless shelter, or instead as affordable housing, is a separate debate. But if the City better served the latter, there might be a lot less of the former...

Foxes & Henhouses

Former financial regulator Bill Black explains how it’s done.

Constellation

The Ricky Files (Vol. 5)

Going back to the late ’90s, Linda Mussmann—co-director of Time & Space Limited, former Waterfront chair, and Hudson Democratic chair—has made many private and public pronouncements about Mayor Rick Scalera.

Most of these are now inconsistent with her current politics. In 2007, hoping to salvage her unpopular Waterfront plan, Mussmann did an about-face (to save face) by becoming a Scalera ally. Her primary run that year against Michael O’Hara, and subsequent independent bid—against the wishes of her board, many of whom resigned in protest—helped ensure another Scalera term.

But many of her past condemnations of Scalera, whether published in the papers or circulated via various email lists, are pretty difficult to walk back. Some choice nuggets follow below; Mussmann also has some pungeant things to say about a number of other familiar Hudson political figures, from the Elks Club and Tom Koulos to Jack Connor and Cappy Pierro. The typos, ALL CAPS and malapropisms have been left intact.

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THE SAYINGS OF CHAIRMAN MUSS

Rick Scalera could not wait to tear [the 4th Street] school down. I know some don't like to remember the past but this was one of Mr. Scalera's grand achievements....Stalin had similar longings. [Linda Mussmann, May 2005]

I have not run for office because I need a job but because I thought that the people in power were not representing a larger view.....very few people are allowed to participate in Rick Scalera's government for example. In fact this is a very closed circle. [Linda Mussmann, Dec. 2004]

I did see in the Indep. a photo of Danny, Ricky, & Patty Mann [Assemblyman Patrick Manning] at Laura [Margolis]'s club....pretty cute---sure looks like Republicans havin' a good time. [Linda Mussmann, Nov. 2004]

it might be time for the Democratic Committee to censure Rick for breaking the law as well as Shook and Donahue. [Linda Mussmann, Sept. 2004]

the real issue here is "conflict of interest" ---it is against the City Charter to play a duel role in government. The questions have been asked all year and last year and years before that about these conflicts but we are told that "it has always been done this way and we should mind our own business" or Jack Connor(the inept city attorney) is checking on it---now an answer was delivered and now Rick Scalera will fix it because he has to keep Grandinetti employed. The CONFLICT OF INTEREST list is long and grows longer every day that these people are in office....please speak out about this gross act of self interest. Rick Scalera, Dan Grandinetti, Chris Nedwick, Bill Lowenstein, Dick Koskey, Eric Galloway, Bill Better, Judy Meyer, Charlie Butterworth, the Elks Club members (who voted on their own application which is now tied up in court and costing the city a great deal of money) Cappy Pierro (who cut one of the worst deals over the fire house building) and on and on. The deals constructed by SLC and this administration to get a "host" deal with the city goes back to Scalera's campaign contributions as well as block parties sponsored by SLC and on. The Spririt of Hudson boat deal, Colorusso deal regarding Hudson's backup water supply, Willard Place deal, the Library's Preservation obstruction by Scalera and company and ond, and on. There are more but time is short for me this morning.  Please write a letter to Elliot Spitzer the attorney and ask for an investigation.  Please write a letter to the ed. and ask that Rick Scalera be investigated, and the rest of the back room of Hudson's political players who are raising your taxes to pay for their deals.  The mayor got a salary this year, so did Grandinetti, and so did Cappy Pierro----they will need more next time----and one would think that they use much of their time working to stay in power---what have these people done for the city of Hudson is the real question. [Linda Mussmann, Sept. 2004]

the Library has become this season's political football---starring Rick (Rough & Ready) Scalera, Pat (tall man) Manning, Ed (ever-ready to serve) Cross, and  Dan (I want to Mayor) Grandinetti....no way should the Library let the city get this building with out an army of Lawyers making a contract that it can only be a Library and this deal can only be used for THE Library....It is clear that the School board was outa the loop on this one.,...I guess it would have made sense to ask the school board what they thought about this swap first before going public at the "press conference?!!". The Library should be free of this nightmare----the Library board should make a statement on the position it wants to take and not be used by Rick, Pat, Ed, and Danny as a tool of political monkey business. I doubt that these men have read a book lately???!!!!! favors, exchanges, swaps, this Library Fiasco sounds like classic ole' timey Hudson Politics or a poker game gone sour.  (here is a little factoid that I learned last night at CCF meeting)---the closing of the new fire house will cost over a 1/2 million dollars.....how about that for steering the ship of state right into the river bank?) [Linda Mussmann, Aug. 2004]

Rick Scalera hates this idea of saving anything that does not benefit him and he thinks the preservation commission is worthless. If he can't control it he is going to dismantle it. [...] Sarah Sterling seems lost, Lew Kramer  was stunned, Ashton was holding Rick's hand, and Jamison Teal???!!!! wow! where's the gavel ???? it sure could have been used last night. The meeting was a platform for Rick, Tom Koulos, Tom Flemming, and Shailer Evans (school board pres) to rant about the irrational Preservation Committee” [Linda Mussmann, July 2004]

Willard Place is under siege---saws, trucks, earth movers, seem to have taken the post-modern axe[the chainsaw] to the contested trees----T. Eric Galloway/Rick Scalera the Paul Bunyons of Hudson have won another victory-----Willard Place looks like Baghdad....check it out. Reports came in that the attack came Friday night at 5:30pm buzz buzz crash democracy in action Ricky style. [Linda Mussmann, July 2004]

My guess that the $81,000 problem with the audit ticked some people off. That was an old wound and Scalera, has dirt all over his hands from this little mess.  This was the ruling of the DEC regarding the DSS building being built on petroleum site.  THis may be part of it. Or it is the good ol' boys just taking care of business.  The last thing the Demo's need is a Republican watching the dough???!!!!! [...] Jimmy Dolan at work?  Was it the Hudson cops that got him?? I missed it. I don't believe Scalera was upset,  remember the Chief Martin was brought down and disgraced. Payback time. [Linda Mussmann, Feb. 2002]

THERE IS NO GOOD IN SITTING ON A PANEL BY ST. LAWRENCE, FOR  ST. LAWRENCE---THIS IS NOT DEMOCRACY WHEN THE COMPANY IS IN CONTROL.   THIS IS A JOKE.  THIS REMINDS ME OF RICK SCALERA'S PANEL TO OVER-SEE  JIMMY DOLAN.  THIS WAS A WAY TO SHUT THE OPPOSITION UP AND MAKE A MOCKERY  OF FAIRNESS AND INCLUSION. [Linda Mussmann, Mar. 2000]

This is another plot by Rick S. to save his ass---he could have had this  property for the city but was out bid by Sun.  Now Sun wants to  sell---but I don't know if the selling price is right?? However-- this is  another bash to the Antiquers---cause who needs another Antique  Store???according to the locals??? and Mr. Scalera---is saying this in  coded words.  Hudson could use a grocery store---and Ricky wanted his buddy from  Philmont to come on down here to serve us some snacks---but failed to get  the space cause he wanted it another way---this is another HDC/HCDPA deal  that failed(ie) bankrupt/auctioned off and SUN became the owner. This could be a better plan then the Scrap Yard project ---maybe some one  should mention it to Rickky and Jimmy (the HudStones). [Linda Mussmann, Jul. 1999]

the actions of various parties going to Jimmy Dolan  Jr. or Scalera with their hands out for HUD money --these requests have  all revolved around the HUD money:  The parking lot for the Opera House  is one, Historic Hudson (Chicken Shack) is 2, and Columbia County (Carrie  Haddad's) art mall idea for the 300 block of Columbia Street is 3,  Operation Unite is 4, and I am sure there were/are more.  These are just some examples of the inability to listen to some who have  stood up to speak out while others went behind closed doors to do a deal  with the devil. There has always been a desire to believe that Jimmy Dolan and Rick  Scalera could be changed. (WHat a joke)! [Linda Mussmann, Apr. 1999]

These are the people Rick's gang s really likes--they provide the way for  HUD money to roll on into Hudson---this money comes off the backs of the  poor people---if Hudson was not so poor and filled with blight Rick's  gang would have not grants to write. [Linda Mussmann, Feb. 1999]