Saturday, July 14, 2007

WHO IS THE MASTER OF YOUR "EMINENT" DOMAIN

A MESSAGE FROM PEEKSKILL MAYOR TESTA:

Dear readers of the Bazzomanifesto:


I read with interest the story in the North County News regarding Peekskill Mayoral Candidate Bill Schmidt’s suggestion to the local Democrats to forgo another ugly campaign sign war. As someone who had his front lawn run over by a car in order to ‘wipe out’ my yard sign, I know all too well just how ugly, both aesthetically and politically, this issue can get.

I commend Bill Schmidt for reaching out to his opponent at the very beginning of the campaign to set a tone of cooperation and civility. This would allow the candidates to focus on local issues without the distractions of juvenile yard sign squabbles. From what I understand, a similar dialogue seems to be working in Yorktown. Sadly, I am not surprised by the reaction of Schmidt’s local Democratic opposition. Rather than give a simple “we’ll think about it” or a “thanks, but no thanks” response, his opponent and the party chairman decided to do what they always do - forge a political and personal attack.

The council majority in Peekskill has repeatedly tried to reach out across party lines, but whether the issue is Waterfront Revitalization, Downtown Redevelopment, or a Target store, they want nothing to do with honest dialogue. Instead they prefer to distort the facts and accuse US of being the difficult ones.

Now that they’ve shown their inability to discuss this issue of forgoing campaign signs, the citizens of Peekskill have a better understanding of what we have been dealing with for the last few years. It’s another example of why Schmidt and his team are better suited for carrying Peekskill forward. Bill Schmidt will make a great mayor. With his team supporting him, Bill will continue our mantra of “Peekskill First” and base decisions solely on what is best for the entire city, something his opponents just can’t do.

As for debates, all I’ll say is I can’t wait. As the saying goes, be careful what you wish for.

John G. Testa, Mayor

EDITOR'S NOTE:

Look for my column IN MY OPINION in the NCN on sale Thusday (07/19/07) on the Peekskill response to politicla lawn signs.

A.B.
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A MESSAGE FROM COUNTY LEGISLATOR OROS:



George Oros
Legislator, 1st District


July 12, 2007 Contact: George Oros
Tel: (914) 995-2828
Goo6@westchestergov.com

Making a Splash in Peekskill

New “Sprayground” opens at Lepore Park as part of downtown revitalization Property tax exemption should be approved for volunteer firefighters and emergency personnel


Calling it “a refreshing addition to Peekskill,” Legislator George Oros (R-C/Cortlandt) was elated to take part in the grand opening of a new “sprayground” at Lepore Park in Peekskill on a steamy July 11 afternoon. Oros was joined by County Executive Andrew Spano and Peekskill Mayor John Testa.

Located on Main Street, the facility features several interactive water spray features to cool off as many as 50 youngsters during the summer months.

Most of the funding for the project was provided through a federal Community Development Block Grant in conjunction with the Westchester County Urban County Consortium

Oros pointed out 24 percent of the CDBG funding distributed among the 17 county districts this year was given to the 1st District, which covers Cortlandt, Peekskill, Buchanan and the northern end of Yorktown.

“The Community Development Block Grant program has really helped complete many projects that will directly benefit residents,” Oros said. “This water park in Peekskill will provide many days of fun for kids and give adults a much needed break during the dog days of summer. It’s a win-win for everyone.”

“We are pleased to work with Peekskill in making their revitalization happen”, said Spano. “It is great that Peekskill citizens can use this facility at no cost.”

“An important part of our city’s revitalization is making certain that we have superb recreational facilities, and the sprayground is a great example of just that,” said Peekskill Mayor John Testa.

The sprayground will be open from 11 a.m. to 3 p.m. and 4 p.m. to 8 p.m. Mondays through Saturdays and will be manned at all times by Peekskill Parks and Recreation personnel.
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A READERS COMMENTS ON THE PUTNAM VALLEY PRIMARY:

Dear Andy,

I thought you should know the the following:


Emerald Ridge - Marsh Hill Road - Val Santucci - VS Construction
(builder of Big Blue at Oregon Corners) David Steinmetz, attorney

the problems
3900 foot dead end when our law allows 1200 feet.
16% grade (steep road) when our law says 8% is safe
public comments were not considered in final environmental impact statement
financial cost to taxpayers
no trustee for conservation easement land

the problems after Councilwoman Wendy Whetsel's secret meetings with Mr. Santucci and her new solution
3900 foot dead end when our law says 1200 feet
16% grade (steep road) when our law says 8% is safe
public comments were not considered in the final environmental impact statement
financial cost to taxpayers
no trustee for conservation easement land

Come to the Putnam Valley Town Board meeting July 18, 2007 at 7PM

P.D.
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PEEKSKILL DEMOCRAT'S AND REPUBLICAN'S TAKE ISSUE WITH EMINENT DOMAIN:

THE DEMOCRATS:

FOSTER PROPOSES LOCAL ORDINANCE TO BAN USE OF
EMINENT DOMAIN FOR PRIVATE DEVELOPMENT
-Councilwoman presented draft legislation to staff in April-
-Calls on Council Colleagues to Support the Measure-

Peekskill Councilwoman Mary Foster, candidate for Mayor, is calling on her colleagues on the common council to support a local ordinance that would limit the city’s ability to use eminent domain for private development. The law would restrict the use of eminent domain by the City unless a clearly defined public use is identified. Directly addressing both the Kelo decision and the City’s Urban Renewal Plan for downtown Peekskill, Foster’s ordinance makes clear that economic development activity cannot be defined as a public use. The ordinance states,

When an economic development activity is designed or intended to increase tax base, tax revenues, employment or general economic health but does not result in the transfer of land to public possession, occupation and enjoyment, that economic development activity is not a public use. The public benefits of increased tax base, tax revenues, employment, or general economic health do not constitute a public use.

The Peekskill community was outraged last year, when the Republican-controlled council moved forward with a decision to conduct a blight study for a four block section of Peekskill’s downtown. In a contentious 4-3 vote in May 2006, the Republican majority moved forward with the first two steps necessary for the city’s possible use of eminent domain procedures.

“I believe strongly that the city needs to work to support our businesses, not threaten them with the prospect of taking their private property,” said Foster. “As mayor I intend to rebuild the trust that has been lost with local merchants and this ordinance is my commitment to do that. I hope the council will be willing to discuss the ordinance I drafted when we reconvene in August.”

Councilman Don Bennett, who voted to protect businesses against a prospective blight designation, said the Foster proposal will give members of the council an opportunity to go on record with their position of eminent domain. “My friends on the other side of the aisle have stated they have no intention of using eminent domain in Peekskill,” said Bennett. “This ordinance allows them the opportunity to backup that statement up. I hope they will support it.”

Councilwoman Drew Claxton has continually fought against the use of eminent domain in the Waterfront Development project. “The council majority declared the Waterfront an Urban Renewal area in 2004 and never informed the business owners that their properties had been blighted. If we didn’t have 3 members on the council in 2006 who oppose the use of eminent domain for private development, there would have been no protections for the businesses and homeowners in the Waterfront Development area.”

Foster and Bennett’s running mates in the 2007 election have promised that if the current city council fails to pass the ordinance, it will be at the top of their legislative agenda when elected to the council. “I’ve lived in Peekskill all my life,” said Salvate-Riley. “I have watched businesses come and go. The last thing we need to do is hold the threat of eminent domain over their heads of people.”

“Ultimately, if we want to have prosperous commercial districts, we need to make the City welcoming to prospective businesses,” said Joe Schuder. “The last thing a potential investor in our city wants to do is to set up shop in a place where city officials use eminent domain as a negotiating tool.”

THE PROPOSAL:Chapter XX, EMINENT DOMAIN:

Section 1. Restriction on use of eminent domain

The City of Peekskill shall not use eminent domain unless it is necessary for a public use as defined in Section 3 herein. The City shall not use eminent domain for economic development, as defined in Section 3 herein. The City of Peekskill shall not use eminent domain to take property to be used for private commercial, financial, retail or industrial enterprises, except that (a) property may be taken and transferred or leased to private entities that are public utilities or common carriers, (b) private enterprises may occupy an incidental area within a public project, like a retail establishment on the ground floor of a public building.

Whenever property is condemned and will be used by a private party, the condemner must establish by clear and convincing evidence that the use of eminent domain complies with this chapter and is reasonably necessary.

Section 2. Use of property acquired through eminent domain

Private property acquired through eminent domain shall be used for the public purposes stated and cannot be dedicated, sold, leased in substantial part, or otherwise transferred to a private person, partnership, corporation, or any other entity for a period of 20 years following the acquisition of the property by the City, except (a) property may be leased to private entities that are public utilities or common carriers and (b) private entities may occupy an incidental area in a public project.

Section 3. Definitions

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

ECONOMIC DEVELOPMENT
The term economic development means (1) activity designed or intended to increase tax base, tax revenues, employment or general economic health, (2) the transfer of land to a private entity that is a public utility or common carrier; or (3) the transfer of property to a private entity when eminent domain will remove a harmful use of the land, such as removal of public nuisances, removal of structures that are beyond repair or that are unfit for human habitation or use, or acquisition of abandoned property.

PUBLIC USEThe term public use shall only mean (1) the possession, occupation, use and enjoyment of land by the general public or by public agencies, (2) the use of land for public roads, highways, bridges and similar infrastructure, (3) the use of land for open space, conservation or preservation purposes, (4) the use of land for the creation or functioning of public utilities or common carriers, (5) the acquisition of land in order to remove a public nuisance, however, only after all other remedies as provided by law and local

THE REPUBLICAN RESPONSE:

Foster's Eminent Domain Proposal Superficial and Ineffective

"Copying and pasting another community’s ordinance is not leadership," Schmidt responds
"We don't want to get into the habit of creating ordinances every time someone wants to express an opinion about a Supreme Court decision," Mayor Testa instructs

A unified Peekskill GOP responded to Mary Foster's proposed eminent domain ordinance, and criticized it as a superficial attempt to avoid the issues Peekskill faces as we make important decisions regarding carrying the City's Revitalization Plan forward.
Foster's Mayoral opponent Bill Schmidt said, "Foster is clearly trying to steal one of my campaign issues. And she's not doing a very good job of it. Copying and pasting an ordinance that some other community has passed is not good enough for Peekskill. The issue of eminent domain goes to the heart of what we want our City to look like, and any ordinance on the issue must address this fact."
"A lot of people disagree with the Kelo decision," Mayor John G. Testa added, referring to the landmark Supreme Court decision allowing the use of eminent domain to further economic development. "It's a hot button issue. But our community has been focused on what kind of City we want Peekskill to be. Foster always focuses on politics; we as a community always focus on governing. I do not believe that we should create ordinances simply to register an opinion on a Supreme Court decision."
"Bill Schmidt has a very sophisticated understanding of the issue, and some very good ideas," Councilwoman Milagros Martinez continued. "I think we should wait until he is Mayor before we address this issue. Foster's motivation is purely political. As Mayor Testa said, we should keep our focus on governing responsibly as we revitalize Peekskill."
"If anyone wants to talk about restricting the use of eminent domain, then there are a lot of other things that must be put on the table," stated Deputy Mayor Catherine Pisani. "Foster's first definition of 'public use' is a Trojan Horse for everything we as a community do not want for Peekskill."
Indeed, any ordinance that attempts to define what constitutes an acceptable "public use" for the purpose of seizing property by eminent domain must also directly address:
1. Housing for transients. Most people in Peekskill believe that the government should not seize private property to create homeless shelters, boarding houses, flop houses, and any other sort of residential living facility for transients, which would be an acceptable public use under Foster's proposal.
2. Income-preferenced housing. Most people in Peekskill believe that the government should not seize private property to create income-based housing of any kind, including Section 8 and affordable housing, which also would be an acceptable public use under Foster's proposal.
Schmidt added, "I certainly don't favor any faux reform like Foster's which allows a governmental entity to use eminent domain for noxious purposes that we wouldn't allow a private developer to get away with."
Councilman Mel Bolden said that he felt no new law should protect past beneficiaries of eminent domain who have let our City down, especially those who have received aid from our community and returned the favor with blight. “In the 1970s, past City leaders gave prime Peekskill real estate to new developers with great hope,” Bolden commented. “They let us down. Now Mary Foster wants to reward them. I disagree.”
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FYI:

Save The Date! Friday, July 20, 2007
First-of-its-Kind Fundraiser & Bargain of the Year!
A Full-Course Dinner Cabaret to Benefit
Harrison Apar Field Of Dreams Foundation
Jenna's Dream Performing Arts Scholarship Fund
_______________________
In Cooperation with
North County News, First Nighters of Yorktown and Travelers Rest Restaurant
(Proceeds Donated to Support Local Performing Arts)
_______________________
COME TO THE CABARET!
Headlined by Yorktown’s Own Broadway Star (Les Miz for 1000 performances, Phantom of the Opera, Jekyll & Hyde)CRAIG SCHULMAN www.craigschulman.comMusical Appearances by:
New Middle Class (Contemporary Folk) www.newmiddleclass.com
Christy Baron (Jazz) www.christybaron.com
Travis Eaione (Classical Piano)
Marc Eliot (Pop Standards) www.marceliot.com
Larry Stevens (Rock) http://www.larrystevensband.com/Art Halperin (Pop) http://www.swordinthestonerecords.com/
_______________________
Friday, July 20, 2007
7:00p > Pre-Show Reception with Hor D’ouveres (in Waterfall Garden)8:00p > Full-Course Menu Dinner + Cabaret All for only $50 per person*(cash bar)
Travelers Rest
Route 100, Ossining, NY 10562(914) 941-7744 www.thetravelersrest.com
_______________________
*$50 per person includes cabaret, reception, full-course dinner with choice of appetizer, entrée, dessert, beverages; cash bar throughout evening)
Reserve Seats Now by Calling (914) 275-6887 and Pay at the Door -- or Mail Check to:
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For More Info: Harrisonapar@Optonline.net
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FYI: THIS WAS IN THE JOURNAL NEWS:

Mailing it in: What's the future of the U.S. post office - and your mail?
By RANDOLPH E. SCHMIDTHE ASSOCIATED PRESS
(Original publication: July 7, 2007)

WASHINGTON - Could mail one day go the way of many pizza chains, where customers can pick it up or pay extra for home delivery?
Will the mail still arrive six days a week? Will the government still be involved?
The U.S. Postal Service faces big questions as it copes with rising costs and major changes in the way people communicate.
Nations' mail systems vary. Britain's Royal Mail, for example, is a government-owned business while Germany's Deutsche Post is a publicly traded stock company. All are much smaller operations than the USPS, which handles 40 percent of the world's mail.
Few doubt adjustments will occur, but what those will be remain to be seen. In 1993, then-Postmaster General Marvin Runyon drew a barrage of criticism for suggesting mail delivery might be cut to four days a week. That was a bombshell then, but postal experts say it may still be a possibility.
"If you have hard-copy delivery, you might have it six days a week or three days a week or one day a week," William Burrus, American Postal Workers Union president, said in an interview. And it may not even be delivered, he said. The recipient may have to go retrieve it.
Already, hiring private delivery contractors is an issue, prompting informational picketing by letter carriers in Florida to protest contracting out new routes in developing areas.
"I think within the next six to eight months the Congress of the United States is going to decide an issue that's going to determine whether or not we have a reliable, efficient postal service in the future," said William H. Young, National Association of Letter Carriers president. "What I'm referring to is the decision that's been made at the highest levels of the postal service to give all the new growth, and the new deliveries that are springing up, to private contractors."
But the postal service may need to outsource more of its activities to survive, said Gene Del Polito, president of the American Association for Postal Commerce, which represents advertising mailers.
It's conceivable, Del Polito said, "that a postal system in the future could evolve into something which I would call the master contractor, where it maintains its government identity by the government being the master contractor but that it puts things out competitively on bid...."
Burrus said he eventually expects pressure for privatization to increase, perhaps with legislators calling for limited privatization. But if private companies are allowed to skim the easiest, cheapest routes, the government cannot subsidize delivery only to the expensive places to reach, he said.
Tony Conway, a longtime postal manager who now heads the Alliance of Nonprofit Mailers, said he expects the USPS to "evolve, probably into more of a focus on the strength of the organization, which is its delivery network. That's the heart and soul of the organization: No current private carrier can compete with it."
"The $64,000 question is how to keep the delivery network affordable," Conway said, noting the decline of First Class Mail. The only significant growth area is Standard Mail, which is mainly advertising, he said, and as the cost of postage rises, "at what point do you start losing that volume growth?"
"The days of reckoning are coming sooner than people probably now appreciate," Conway said. The USPS gets 2 million new delivery points every year, raising costs on a declining revenue base. "That's not a pretty financial model."
The USPS and mailers also fret about "do not mail" bills proposed in several states. Designed to mimic the "do not call" rules, the bills would let people opt out of receiving what many call "junk mail."
As that mail, advertising and solicitations, is the main postal growth area, passage of such bills would hurt the USPS financially, perhaps forcing it to raise rates again. That worries Del Polito.
"We're already seeing signs that ... people are seriously measuring the effectiveness of mail against alternative mechanisms, such as e-mailing or retailing or telemarketing to your known customer base, shifting to direct response TV or any of the other channels that previously one would have looked at and said, 'God, these are expensive venues.' Now, all of a sudden, they're looking at them and they're saying, 'Well, the cost of those venues are coming down but the cost of mail is going up,"' he said.
Rep. John McHugh, R-N.Y., a longtime congressional leader on postal issues, thinks hard-copy mail always will have a place.
"Clearly, the way Americans communicate on a day-by-day basis is changing," he said, citing computers and cell phones. But there still will be core requirements such as hard copy that the USPS will be needed for, he said.
Yet there are many unknowns about what the system will look like in the future, Del Polito said.
"Sooner or later we're probably going to have to make a decision as a nation as to whether or not the core services that are provided for free are going to be done the way that they are today or whether they're going to be offered in a more restricted capacity and in a more cost-efficient capacity," he said.
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Dear Readers:

I am removing the "copycat" The Peekskill Guardian" from my links. I was under the impression that this site would put forth a reasoned debate in response to the "original" Peekskill Guardian". I was wrong. Their first post is more suited to the LoHud blogs. If they reconsider the type of comments the ywish to post, I will revisit this decission.
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THIS WEEKS "IN MY OPINION COLUMN" IN THE NCN:

Dear Readers:

This week I discuss the issues of lawn signs with emphasis on Yorktown. You can read my column on this topic exclusively in this weeks NORTH COUNTY NEWS on sale now. I am worth the seventy-five cents. Look for my column IN MY OPINION(page 10) in the editorial section. Better yet as this column is exclusive to the North County News on a regular basis and will be covering the local political scene, take out a subscription. Click on the North County News link below and go to Subscribe. Between this blog and The North County News you will have all the information to make a vote based on substance.
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FYI: ATOM TAXI INC. AIRPORT SERVICE:

Dear Readers:

This gives me a chance to plug my business ATOM TAXI INC. Instead of the headache of trying to find Airport parking, we do Airport Service to The Westchester County Airport(and ALL other airports) 24/7. Just call 1(914)879-6121 and my partner Tommy, will be glad to take you in our Airport Taxi. You will also be provided with a free copy of your local paper of record The North County News. If this is a business trip we also provide a professional receipt, just tell Tommy at the time of booking. The cost of a one-way trip to the Westchester County Airport is seventy dollars. To LaGuardia Airport the cost is Ninety-four dollars which includes all tolls. The cost to JFK and Newark Airports is one hundred-twenty-five dollars which also includes all tolls. We do not take credit cards, sorry.
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E-MAIL ME WITH YOUR COMMENTS:

Dear Readers:

It has come to my attention the difficulty in posting a comment on this blog. If you wish to comment, e-mail me at the link posted below, putting "Manifesto Reader" in the subject matter, and I will "cut and Paste" your comments myself. If you DO NOT wish your comments posted, but just wish to communicate with me, please make your wishes known in the e-mail.

LINKS: atom_taxi@yahoo.com
(as this a yahoo address make sure you put an underscore (-) between atom and taxi)

For immediate reply: atomtaxi@aol.com
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SITES TO LINK TO:

ON THE OTHER HAND W/ FORMER PEEKSKILL COUNCILMAN SCHMIDT: http://peekskillperspectives.blogspot.com/
YORKTOWN COUNCILMAN NICK BIANCO: http://www.electbianco.com/
PLAN PUTNAM: planputnam@googlegroups.com/
PEEKSKILL GUARDIAN: http://peekskillguardian.blogspot.com/
NORTH COUNTY NEWS: http://northcountynews.com/
THE JOURNAL NEWS: http://thejournalnews.com/
PEEKSKILL DEMOCRATS:http://www.peekskilldems.com/
PEEKSKILLREPUBLICANS:http://peekskillgop.com/
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CABLE SHOWS TO WATCH:

ON POINT ON PEEKSKILL: Every Tuesday at 8PM chanel 15 (Peekskill only)
Hosted by:DARREN RIGGER

DON PETERS AND YORKTOWN: Every Tuesday at 10PM chanel 22
Hosted by: DON PETERS

UTY WATCHDOG: Fridays at 9:30 PM channel 22
Hosted by: ED CHIFFON
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EDITOR'S NOTE:
All articles re-printed in this blog from the North County News are with the permission of Bruce Apar Publisher and Editor-in-Chief

BAZZO 07/14/07

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