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Editorial

The Center Will Hold – If You Vote Nov. 6

AllOTSEGO.com, HOMETOWN ONEONTA,

FREEMAN’S JOURNAL ENDORSEMENTS

The Center Will Hold

– If You Vote Nov. 6

As voters – in Otsego County, the 19th Congressional District and nationally – struggle to make the right decision in the Tuesday, Nov. 6, midterm elections, a study, “The Hidden Tribes of America,” surfaces with a conclusion that has been widely commented on nationally:
“A majority of Americans (61 percent), whom we’ve called the ‘Exhausted Majority,’ are fed up by Americans’ polarization. They know we have more in common than that which divides us: our belief in freedom, equality and the pursuit of the American Dream. They share a deep sense of gratitude that they are citizens of the United States. They want us to move past our differences.”
It the past two years, those of us with that sensibility have been screamed at by two sides that, it turns out, are fringes. On the left, “Progressive Activists,” according to the study, are a mere 8 percent of the citizenry; on the right, “Devoted Conservatives” are only 6 percent.
If you consider yourself a centrist, you may believe your views will be overwhelmed at the ballot box. Not so, “Hidden Tribes” tells us; in effect, it’s the wish of a sizeable majority of Americans to find common ground.
This is by way of preamble to this newspaper’s endorsements, below, which are an effort to make recommendations based on the merits, not through any particular political prism.
Be sure to vote Nov. 6 – polls will be open 6 a.m. to 9 p.m. – and vote your conscience. You may be surprised how much you are in sync with the majority of your
fellow Americans. So vote.
As usual, these endorsement editorials appear 10 days before Election Day, to allow you to agree or disagree in next week’s Letter to the Editor columns.
Send letters by noon Monday,
Oct. 29, to jimk@allotsego.com
Whether you agree or not, be of good cheer.

Justice Must Be Done, And SEEN To Be Done

Editorial for October 19, 2018

Justice Must Be Done,
And SEEN To Be Done

The Freeman’s Journal – Joseph Zupnik stands for his sentencing Sept. 12 in Otsego Town Court.

The truism, “not only must Justice be done; it must also be seen to be done” – actually, it’s a famed quote from a 1924 British legal case – should apply to court proceedings and – if credibility is to be maintained – to democratic government generally.
With intent interest, the citizens of Otsego County have observed the wheels of justice turn since Memorial Day Weekend 2016, after it surfaced that a resident of Focus Otsego, identified only as M.P., had been left sitting in a chair, largely untended, for 41 hours.
In the subsequent months, four aides and LPNs responsible for M.P.’s care faced criminal charges and were convicted. The state Attorney General’s Office then took up the case, and brought nine charges against two top executives at Focus Healthcare, the Rockland County corporation that owned former county nursing home in Index, Town of Hartwick.
The Focus CEO, Joseph Zupnik, and the financial officer, Daniel Herman, were found guilty of one count of neglect, a misdemeanor, on Sept. 12 in Otsego Town Court. On Oct. 10, Town Justice Gary Kuch fined each of them $1,000 and sentenced each to 250 hours of community service. (The state has also fined the men $1 million, which they will split.)

So far, the proceedings have been transparent. Now, it appears the public is limited to what it can learn about the final step – how and where the 250 hours will be served.
The defendants’ lawyers asked that the men fulfill their obligation near their homes, Zupnik in Rockland County, where he is an EMT, and Herman in New Jersey.

The attorney general’s prosecutor, Kathleen Boland, argued the responsibility should be fulfilled in Otsego County. Judge Kuch sagely observed: “Doing community service at something you love doing – it doesn’t make any sense to me.”
However, he noted court rules prevent him from even making a recommendation. That decision is now in the hands of Alternatives to Incarceration, which has been administered under contract with the county since April 2011 by the Catholic Charities chapter, based in Oneonta.
The director, Ameen Aswad, will immediately tell you he can’t talk about specific cases, but he said that, generally, he assigns defendants referred to him to tasks within the county. The exception can come in cases where a guilty party was visiting for a short period from somewhere far away.
The nursing home’s Family Council has expressed no preference about where the community service should be done, according to its secretary, Bill Hayes.
In a letter to Kuch, Hayes and his wife, Betsy, Family Council chair, urge the men serve their time in “a residential facility’s laundry room, processing soiled garments and the equivalent of the ubiquitous brown washcloths they ordered for residents’ personal hygiene.” However, Bill Hayes said the couple has no firm opinion where the service should be, either.
Here’s another view: The case occurred in Otsego County; the community service should be done in Otsego County. Justice that can’t be observed is justice taken on faith. Is that good enough?

Be that as it may, Aswad said that Alternatives to Incarceration – it is overseen by a 19-person advisory board that includes police, judges, people from community services agencies, even a representative of the college – hasn’t made public what service culprits are required to perform or where.
The Committee on Open Government, which provides advice on the state’s Freedom of Information Law, says that court records are specifically exempt from FOIL. But if, in fact, Alternatives to Incarceration is a county agency – like, for instance, the probation department – it would be subject to FOIL.
There’s no reason why it should get to that.
There are differences of opinion on Zupnik and Herman’s community service. Given the high profile and emotions excited by M.P.’s case, it might make sense – and this may be argued otherwise, too – to allow the culprits to fulfill their obligation without publicity.
This is certain: When it’s over, there should a public accounting. The Alternatives to Incarceration board owes that to the public, for its own credibility if nothing else.
Not only must justice be done; it must also be seen to be done.

Click Here to read report on the October 10 sentencing of FOCUS executives Joseph Zupnik and Daniel Herman in Otsego Town Court.

Uncreative? With Full Plate, That Might Be Just The Thing

Editorial for October 12, 2018

Uncreative? With Full Plate,
That Might Be Just The Thing

‘I’m not creative,” Otsego Now CEO Jody Zakrevsky told the Otsego County Board of Representatives at its October meeting on the 3rd, as he began to deliver an “economic update” on the economic-development organization’s 2018 accomplishments.
While lacking creativity, Zakrevsky continued, he said he has the capacity to embrace someone else’s ideas and carry them to fruition.
Credit Zakrevsky with self-awareness and frankness, both virtues. Thinking about it further: The ability to carry great ideas forward may be just what’s needed right now in the local economic-development realm.
Zakrevsky’s predecessor, Sandy Mathes, was eminently creative; many of his initiatives are moving. Slow and steady implementation now might indeed win this race.

Among other things, Zakrevsky shared this very good news with the county board: Otsego Now has issued $11 million in bonds to Corning to expand its Life Sciences Plant in Oneonta; in return, the nation’s foremost glassmaker has committed to keeping 175 quality jobs in the city for at least 15 years.

The Freeman’s Journal – Saying “I’m not creative,” Otsego Now President Jody Zakrevsky planted himself in the Otsego County Board of Representives’ chambers last week and made a convincing case that slow and steady can win some economic- development races. Visible, from left, are county Reps. Stammel, Shannon and Clark; Clerk of the Board McGovern, Board chair Bliss and county Rep. Frazier.

Several other initiatives Zakrevsky shared with the county reps are important to pursue, such as a $750,000 grant sought toward Custom Electronics’ $2.2 million production line of futuristic self-recharging batteries. That’s 50 prospective jobs.
The batteries are used at disaster scenes, but also at movie shoots, to allow crew
to easily move sets when on location.
Of course, better batteries – in effect,
power storage – are essential as we shift
to renewables.

Another big challenge, of course, is moving forward redevelopment of Oneonta’s former D&H railyards; six site plans have been developed over the past few months. Also new, Otsego Now has gotten the state to designate a big chunk of the railyards as a new type of “opportunity zone,” providing tax breaks to prospective employers.
Also, Zakrevsky said, he is working with an unnamed “existing manufacturing company” on a 40,000-square-foot plant in the Oneonta Business Park (formerly Pony Farm) that promises to create 300 new jobs, with construction due to begin next year. He pointed out that 10 buildings in the park (only one owned by Otsego Now) are occupied, and only three available lots remain.
The Route 205 corridor through the Town of Oneonta is underway, necessary before the state DOT can upgrade that sometimes-congested stretch. And an airport study – Zakrevsky said consultants have promised its completion by Dec. 23 – may pave the way for county participation, as is proper, in what’s been a City of Oneonta facility.
There’s a lot more, including comprehensive master plan updates in Cooperstown, Richfield Springs and lately Schenevus.

Zakrevsky also heralded the creation, finally, of a one-stop shop for economic development in Otsego Now headquarters on the fifth floor of 189 Main, Oneonta.
Michelle Catan of the state Small Business Development Center has been joined in recent months by the Otsego County chamber; Southern Tier 8, the regional planning agency, and CADE, the Center for Agriculture, Development & Entrepreneurism.
If you remember, the keynoter at the second “Seward Summit” in November 2013, Dick Sheehy, manager/site selection, for CMH2Mhill, an international industrial recruiter, said a one-stop shop is an essential prerequisite to economic development.
Of course, putting loosely related entities on the same floor doesn’t, in itself, mean a one-stop shop exists. But at least proximity makes a tight, broad, comprehensive economic-development recruitment effort possible. Be still, beating hearts.
As we’re now all aware, if we’ve been paying attention, our county, from Greater Oneonta to Cooperstown, lacks sufficient natural gas and electricity even to meet current needs, much less recruit new employers, and Zakrevsky has become the lightning rod for that undertaking.
Otsego Now is seeking $3.5 million toward a natural gas decompression plant in Pony Farm, and its president has taken the brunt of criticism – and legal threats – from anti-gas adherents. He has to be unapologetically tough to keep that moving forward, and his board members need to get behind him publicly in a united front.
Regrettably, Sandy Mathes left too soon. But we have to move forward regardless.
From the railyards to Oneonta’s $14 million Downtown Revitalization Initiative (the state’s DRI) to the potential 300-job distribution center at Schenevus, another Mathes initiative, Mathes left Zakrevsky plenty to do.
To the degree that slow and steady wins the race, Zakrevsky, who is reaching retirement age within a few months, can do a lot. His report to the county Board of Representatives was, simply, promising. Amid fears economic-development had been set back a generation, there’s reason to believe our economic-development challenges can, to some degree, be met.
Let’s go for it!

Isn’t It Time For City To Act, Or Get Out Of The Way?

Editorial for October 5, 2018

Isn’t It Time For City To Act,

Or Get Out Of The Way?

You know, of course:
Creativity is making something out of nothing.
Or, better, recognizing potential where nobody else does.
The scoop in last week’s paper is a case in point: A group calling itself The Market Street Alliance is proposing a distillery in the former Oneonta Ford building, that dreary, long-empty, black-painted hulk at the foot of Chestnut Street, across from Foothills.
But that’s just the beginning: The idea is to make it a centerpiece for a downtown Oneonta transformed into a beverage center, with breweries, wineries, even mead-makers. (Yes, mead, that honey-based brew quaffed by King Hrothgar and his knights.)

Peachin
Herzig

The local CPA and investor in the prospective distillery, Johna Peachin, got the idea from a visit to her son in Walla Walla, Wash., where she participated in a
monthly Sip & Stroll event.

At the Walla Walla – “twice as nice,” promoters say – Downtown Foundation, Events Manager Cindy Frost says her region is
being marketed these days as
“The New Napa Valley.”
There are over 100 wineries in the Walla Walla valley, and three-dozen wineries have tasting rooms in the downtown, attracting top-tier restaurants and hotels there.
Last summer, the foundation came up with the idea of the Sip & Stroll, which has just finished its second May-to-September season.
One evening a month, the wineries waive the fee on their tastings, and about 100 people have been buying $10 tickets to partake. Many participants, of course, then buy a glass or two, shop, dine, etc., making it worthwhile for the downtown establishments.
The evening’s a magnet, which is what every downtown wants.
The $1,000 revenue is used to promote the event, Frost said.

The Freeman’s Journal – If entrepreneurial Market Street Alliance can revive Oneonta Ford as a distillery, fine. But what if in can’t? “My concern is the building will sit as it is for very many years to come,” said Mayor Herzig.


Peachin said she and fellow investors have a sales agreement with the Twelve Tribes, the religious community that owns the adjacent Yellow Deli.
She mentioned Ken Wortz, an owner of Kymar Distillery in Charlotteville, Delaware County, as an investor. And landlord Brian Shaughnessy and businessman Al Rubin accompanied her to the July 26 Otsego Now meeting where the original pitch was made.
The timeliness may not be great – just a few days before this news broke, Peachin had exploded negotiations between the Town of Oneonta Fire District and City Hall. City officials may not be too interested in accommodating her right now.
Still, the idea is intriguing.

Hold on a minute.
As outlined on this week’s front page, City Hall and the DRI (the state’s Downtown Revitalization Initiative), see the Oneonta Ford site as THE prime prospect for Artspace.
Artspace is that Minneapolis-based national entity that has been creating combinations of housing and studio space for artists across the nation since 1987. (Check www.artspace.org; very exciting.)
The colleges are active partners, seeing Artspace as a way to attract students; City Hall, as a way to keep them here after graduation. Doesn’t downtown Oneonta as an art magnet sounds much more enticing than Oneonta as a beer and liquor magnet, which, to a degree, it already is?
Oneonta Mayor Gary Herzig low-keys it: It’s the preferred site, but if the Twelve Tribes has another deal, the DRI, the most exciting news for the City of the Hills in a century, will just look somewhere else.
Come on. Are we serious or aren’t we? The state has already committed $3.5 million to cleaning up the Oneonta Ford property and building something new there, with more – likely – to come.
Enough dithering. Common Council should man and woman up, condemn what’s been an eyesore and a hazard for decades, pay the fair market value, and get started.
The Peachin group may make it work; but it may not.
If it doesn’t, the site could be locked up for decades to come. Our great-grandchildren will be seeing the same mess we are today, only moreso. Does anyone want that?
If Peachin’s creativity spurs City Hall – finally – into action, she certainly will deserve the community’s thanks and
appreciation.

Balance Today’s Energy Needs, Tomorrow’s Energy Wishes

Editorial for September 28, 2018

Balance Today’s Energy Needs,

Tomorrow’s Energy Wishes

It’s a great idea.
In a column at the end of August, Adrian Kuzminski – citing the Tompkins County Energy Roadmap, completed in March – wrote,
“Let me suggest … that the Otsego County Board of Representatives, in a bi-partisan spirit, is the logical authority to establish an Otsego Energy Task Force. A large, diverse umbrella group is far more likely to develop a comprehensive, viable energy strategy that gets it right, and to do justice to the needs of the community as a whole.”
He concluded, “Get key people in the room and tackle the problem.”

County Rep. Meg Kennedy, R-C, Hartwick/Milford, invited Irene Weiser, a member of the Tompkins County Energy & Economic Development Task Force, to attended the Sept. 18 meeting of the county board’s Intergovernmental Affairs Committee. That task force’s mission is to encourage economic growth while working to reduce gas usage.
NYSEG, which also serves southern Otsego County, had proposed an $18 million gas pipeline into the Town of Lansing, an Ithaca suburb. The task force has been working with NYSEG, trying to find an alternative to the pipeline; it issued an RFP (request for proposals), but received no proposals. It is not revising the RFP and plans to try again.
That may mean, as Irene Weiser reported, that the RFP was poorly drawn. Or it may mean there’s no ready alternative to natural gas right now, at least a full alternative.
One IGA member, county Rep. Andrew Marietta, D-Cooperstown/Town of Otsego, drew the latter lesson. “I struggle with the short term and the long term of it,” he said. “… We need to figure out some short-term solutions while we’re building for an energy-smart future.”

The Freeman’s Journal – Irene Weiser from the Tompkins County Energy & Economic Development Task Force is flanked by, from left, Otsego 2000 President Nicole Dillingham, Sustainable Otsego Moderator Adrian Kuzminski and Leslie Orzetti, executive director, Otsego County Conservation Association, at the county board’s Intergovernmental Affairs Committee Tuesday, Sept. 18.

On these editorial pages over the past two months, a number of knowledgeable writers have submitted well-argued letters and op-eds on the gas vs. renewables debate, spurred by Otsego Now’s CGA application to install a natural-gas decompression station in the former Pony Farm Commerce Park at Route 205 and I-88. Kuzminski is in the no-gas camp, joined by Otsego 2000 President Nicole Dillingham. When it appeared to some that the OCCA seemed to be open to hearing more about the decompression station, Executive Director Leslie Orzetti responded emphatically: The Otsego County Conservation Association does not support gas expansion.
On the other side, Kuzminski’s fellow columnist, Mike Zagata, argued fossil fuels are necessary right now. Otsego Now President Jody Zakrevsky said, without natural gas, the Oneonta area has actually missed going after 500 jobs this year alone. Dick Downey of Otego, who led the Unatego Landowners Association in support of the Constitution Pipeline, likewise falls into this camp.
Dave Rowley of West Oneonta, the sensible retired Edmeston Central superintendent, who served as interim superintendent in Oneonta before Joe Yelich’s hiring, probably caught it best in last week’s op-ed: Everyone wants renewable energy, but it’s simply not sufficiently available. For now, natural gas is necessary.

This is a long way of saying, everybody’s right. In the face of global warming – yes, not everybody “believes” it’s happening; but why reject the preponderant scientific consensus? – clean energy is a necessity.
California is on the forefront, with its Senate Bill 100 aiming at 100 percent carbon-free electricity by 2045. (New York State is aiming for 50 percent by 2030.) Greenhouse-gas emission is a separate category.)
Further, Otsego County’s population (60,000) is 0.02 percent of the nation’s (320 million), one 200th of 1 percent. Even if local energy needs were fully served, it is a negligible piece of a huge national – even international – challenge.
We all want to be part of the solution, but the solution is not going to be reached between Roseboom and Unadilla. It will be developed at the state and national levels, and when there’s an answer, we can support it and embrace it.

Meanwhile, the county’s population is dropping. Some 16.3 percent of our remaining neighbors (slightly more than 9,000) live below the property line ($24,600 for a family of four). That poverty rate is 14 percent higher than the national (14 points).
Plus, there are millions of state dollars – some $15 million so far – targeted for the City of Oneonta’s revitalization.
Now’s not the time to ensure our unmet energy needs – for homes, institutions, businesses and industry – remain unmet for a generation and a half.
Yes, the county Board of Representatives should name an energy task force; Adrian Kuzminski is right. But it should have two goals.
• First, to come up with ways to meet today’s energy needs now; perhaps CNG – compressed natural gas – is part of it (though not XNG trucks on roads that can’t handle them). But so are renewables, like the second solar farm being built in Laurens.
• Second, to fast-track renewables – solar, winds, heats pumps, the whole gamut – to put ourselves on the cutting edge of the future.
For her part, Kennedy is commited to pursue the task-force idea. In an interview, she said it must be made up of “people who want to reduce demand; and people who know the demands.
At base, though, true believers need not apply, only open minds, or the cause is lost.
To end where we began, with Kuzminski: “We may not have Cornell University, but we have SUNY Oneonta and Hartwick College. We have Otsego 2000, OCCA, Citizen Voices, chambers of commerce, the Land Trust, Farm Bureau and Sustainable Otsego, and others. We have individual engineers and scientists and retired executives who’ve worked for multi-national corporations. We have the talent.”
So let’s do the job.

Who Lost Otsego Manor?

Editorial for September 21, 2018

MISTAKES WERE MADE.

WHO MADE THEM?

Who Lost Otsego Manor?

Robert Banta, right, with family,including daughter Kathryn Reinhardt, second from left, who wrote the Letter to the Editor published below.

It’s pretty clear to everyone by now that the sale of Otsego Manor in Jan. 27, 2014, was a mistake.
That was punctuated with numerous exclamation marks Wednesday, Sept. 12, when Focus CEO Joseph Zupnik and his chief financial executive, Daniel Herman, pleaded guilty before Otsego Town Justice Gary Kuch in the Fly Creek courtroom.

Under a plea agreement, Zupnik and Herman admitted to only one of the eight counts against them, one involving patient M.P., left in a chair for 41 hours over Labor Day Weekend 2016. The specifics, as detailed by the Attorney General’s Office, appear at right.
More serious, in that death resulted, may have been the count involving Robert Banta, former longtime county Soil & Water

Conservation District chairman, so admired that the district’s headquarters on Route 33 is named in his honor. Admitted to Focus, he fell twice the first night there, and died at Bassett Hospital a few days later.
Some may wish the penalties were harsher – avoiding jail time by their guilty pleas, Zupnik and Herman will be sentenced Oct. 10 to a term of community service, plus fines and expulsion from administering nursing homes that get federal Medicaid funding. Further, these criminal convictions should have nursing home owners who are inclined to cut corners to think again.
Still, should the responsibility for the Focus fiasco – the widely recognized deterioration of care for some of our county’s most vulnerable citizens – be left at that?

Herman
Zupnik

Retired banker Bill Dornburgh, a member of the county Health Facilities Corp. set up by the county Board of Representatives to shelter itself from attempts to block Otsego Manor’s sale, recalls telling Zupnik that the sale price – $18.5 million – was too high, that Focus could never cover its investment.
Dornburgh voted nay on the sale to Focus. So did two other members of the Health Facilities Corp. – Dr. Don Pollock, the retired Bassett physician, and Carol Kirkey, whose husband Terry passed away at what was still Otsego Manor in February 2013.
But the four others voted aye: county Reps. Kay Stuligross, Democrat, and Don Lindberg, Republican; Kim Muller, former Oneonta mayor and, until the end of this month, chair of the county Democratic Party; and Oneonta contractor Rick Eastman. They are certainly public-spirited citizens to take on a thankless job at no remuneration; nonetheless, they must take some responsibility for what turned out to be the wrong decision, predictably so. Dornburgh was right.
Was there simply no corporation or institution in our vast United States of America capable of effectively administering our county nursing home?

On May 15, 2013, the county representatives voted unanimously for the creation of the Health Facilities Corp., which allowed them to wash their hands of the 4-3 vote to sell Otsego Manor to Focus the following Jan. 27. Shouldn’t those men and women bear some responsibility for the eventual outcome, too?
Most of the county reps then have now moved on; the two most directly involved, Stuligross to retirement near Philadelphia, and Lindberg to election as Worcester town supervisor.
Likewise, Republicans Jim Powers, Pauline Koren and the late Betty Ann Schwerd have left the board, as have Democrats Rich Murphy, since passed away, and Beth Rosenthal, John Kosmer and Linda Rowinski.
Three remain in office today: Republicans Ed Frazier and Kathy Clark, and Democrat Gary Koutnik.
It’s been noted here before that the very nature of the Otsego County Board of Representatives – 14 members, elected by a couple of hundred people from individual districts, yet making decisions for all of us – shelters individual reps from accountability.
You can snub your nose at the 60,636 of us as long as you keep the few hundred neighbors in your camp.
The decision to sell the Manor affected all of us; yet no one – except, thankfully, Zupnik and Herman – have paid any price. This is one reason why a county executive is being considered: to centralize accountability, and thus, responsibility – blame AND credit.
Now, that barely exists.
Still, Frazier, Clark and Koutnik are up for reelection next year. If the electoral process is working at all in Otsego County, they should be challenged, and the challenger should ask: Who lost Otsego Manor?

For Now, Only Choice In Sheriff’s Race Is For Due Process

Editorial for September 7, 2018

For Now, Only

Choice In Sheriff’s

Race Is For Due Process

A letter to the editor the other week drew on the Biblical injunction, “The son shall not suffer for the sins of the father, nor the father suffer for the iniquities of the son.” And surely that’s as it should be.
That said, it’s legitimate for open-minded citizens to question how county Sheriff Richard J. Devlin Jr. has handled the situation involving his son, Ros, a correctional officer in the jail his father administers since it surfaced in January 2017. At the least, the situation is an awkward one; at worst, a dangerous one.
In effect, according
to a court decision on a
related matter made public on March 31, 2017, Ros Devlin told a fellow C-O he was thinking of committing suicide in front of his disciplining supervisor at the county jail, after first creating a diversion by shooting up an Oneonta or Milford school. (To read the decision for yourself, type “devlin judge’s order” in the search line at www.AllOTSEGO.com)
From the beginning, the sheriff has stood steadfastly by his son, who was suspended for more than a year – albeit, with pay; since March, without pay – by the Otsego County Board of Representatives.
The sheriff claimed a “witchhunt” was in progress; that his downfall was intended, not his son’s.

Devlin
Fernandez

If Ezekiel was right
about sons and fathers, his declaration should be equally valid for wives
and husbands.
That said, it’s legitimate for open-minded citizens to question the role of Kathy Clark, R-Otego, former county board chair – and a tough-minded and determined one – in engineering her husband, Bob Fernandez’s, challenge to Devlin after Fernandez’s retirement from the state police.
In New York State, the sheriff’s position – as with county clerk – is a constitutional office, filled by election, not appointment by a county board. There’s good reason for ensuring a sheriff’s independence: to keep law enforcement and politics separate.
Clark championing of her husband sought to breach that sensible divide.
Further problematic was the engineering of Fernandez’s Democratic endorsement. It grew out of a longtime personal friendship between Kathy Clark and Oneonta’s former Democratic mayor, Kim Muller, who for the time being is county Democratic chair. (She expects to step down when the county committee meets in early October.)
There’s no secret. Both acknowledge close ties between their families going back decades, when their children played in the same soccer league. Still, as you can imagine, the Fernandez endorsement has caused a rift among the Democratic rank and file.

For his part, Devlin has argued he didn’t trust the county board, under Kathy Clark’s chairmanship, to fairly investigate his son.
To his credit, when David Bliss, R-Cooperstown/Middlefield, succeeded Clark this past Jan. 3, Devlin then reached out to Bliss, and in March agreed to recuse himself, allowing the board chair to order a medical examination of the son to determine if he is fit to continue as a jail guard.
The good news is: A process is in place. In interview this week, Bliss said the medical examination by a downstate physician who specializes in matters involving law-enforcement personnel is expected by mid-month.
Once the report is submitted, Bliss, in consultation with the county’s personnel lawyers and County Attorney Ellen Coccoma will decide on an appropriate course of action. He said he will keep county reps advised of developments and welcome inputs.
If the decision is made to discipline Ros Devlin, “the officer still has rights,” the board chair said. The younger Devlin could challenge any decision in court. Meanwhile, he will remain off the job without pay.
The bad news, from the perspective if the electorate, it’s unlikely the situation will be resolved before the Nov. 6 general election, Bliss said.

All this matters right now because the first match-up between Devlin and Fernandez comes Thursday, Sept. 13, in a local Republican primary. (That’s Thursday, not Tuesday, which is 9/11 and Rosh Hashanah.) The polls will be open from noon to 9 p.m. across Otsego County for registered Republicans.
The vote will not necessarily settle anything. If Devlin, endorsed by the Republican county committee last March, wins, Fernandez has the Democratic county committee endorsement; he will appear on the Nov. 6 general election ballot anyhow.
If Fernandez were to win the Republican primary, Devlin would still appear on three lines – Conservative, Independent and Reform – on the November ballot.

The world is an imperfect place, as we know from our lives and experiences. We often have to choose between imperfect options, and this is one of those cases.
Yet, on the one hand, there is due process, independent of Sheriff Devlin’s control, that we can hope will resolve thinking people’s concerns – either clearing Ros Devlin, or removing him from his position permanently.
On the other hand, there is no due process, only cronyism and the potential that an alliance between husband and wife will inject politics into law enforcement.
For now, the only option is to vote for due process. For the time being, that option is Richard J. Devlin Jr.

 

A Good Idea From Fire Commissioners: Dissolve, Let Town Negotiate OFD Pact

Editorial for August 31, 2018

A Good Idea From

Fire Commissioners:
Dissolve, Let Town

Negotiate OFD Pact

The Freeman’s Journal – A packed house at Oneonta’s Elm Park Methodist Church in April 2017 urged town Board of Fire Commissioners: Renew the fire-protection contract with city’s paid Oneonta Fire Department. Sixteen months later, talks are still stymied.

When one least expects it, a breakthrough.
The Town of Oneonta’s Board of Fire Commissioners has voted, 3-2, to set a hearing to consider dissolving. The vote could come at the end of the hearing, scheduled at 7 p.m. Tuesday, Sept. 18, at Elm Park
Methodist Church.
Good idea. About time.
If the fire district is dissolved, a “fire zone” continues to exist within the town, so coverage will continue. The Town of Oneonta would assume responsibility for negotiating with the city. That’s good too.
There’s probably no one better than Town Supervisor
Bob Wood, previously a longtime fire commissioner himself, to bring talks with the city to a sensible conclusion.
For more than two years, negotiations have gone nowhere on extending the contract with City Hall for professional fire protection for the town’s Southside, and neighborhoods beyond the city’s East and West ends.
Only state Supreme Court Judge Michael V. Coccoma
imposing a two-year settlement in January 2016 assured businesspeople and homeowners coverage as negotiations continued.
The two commissioners objecting to dissolution are the newcomers, Al Rubin and Michelle Catan, who since their election last December have been foiled in efforts to get the talks moving again.
The three in the majority bloc, chair Johna Peachin, veteran commissioner Fred Volpe and Ron Peters, who is associated with Peachin’s accounting firm, have not responded to city Mayor Gary Herzig’s requests for negotiations, the mayor says.

As noted here before, Coccoma imposed a regimen that allocates one-third of the costs of the city’s Oneonta Fire Department (OFD) to property owners in the town fire district; the remaining two-thirds would be covered by city taxpayers.
An independent consultant agreed to by both sides came up with roughly the same formula.
Still, no movement.
The majority bloc has been tangled up in the issue of revenues created by the OFD’s ambulance squad, which generates about $1 million of the fire department’s $4 million budget.
In effect, those revenues – insurance payments generated whenever a city ambulance carries a patient from either the city or town to Fox or Bassett – pay down the total, meaning there’s less for city taxpayers and fire-district property owners to split.
The bloc believes the way it’s being done is illegal, but so far hasn’t found anyone with authority to agree.
Again, if an “i” or two needs to be crossed to bring everything up to Hoyle, Bob Wood has the understanding to figure it out amicably with Herzig.

There are implications for the future.
For one, a town can’t operate its own fire department under New York State law, an option the fire commissioners have been threatening to pursue in negotiations with City Hall.
However, if it came to that, the town could create a town-wide fire district that could do so, a lengthy process – but slower is probably better. Plus, that may never happen and shouldn’t – the town and city’s fates are linked.
Arguably, given the $1 million contribution from townsfolks, it makes sense for a liaison to be brought into discussions with Common Council on policies regarding the OFD. Perhaps Al Rubin, who has tried to be an honest broker since joining the fire board, would be a good prospect for this role.
Regardless, it’s time to move forward. If the majority-bloc fire commissioners have concluded they can do no more, it makes sense to leave the scene.
The Oneonta Town Board is more sensitive to what the public wants – only a handful or two of voters turn up at Fire District elections – and the public has said it wants the standoff resolved.
With Wood at the helm, along with town board members of good will, an end to a worrisome situation may finally be within reach.

Roadwork Can Mean Life, Death

Editorial for August 24, 2018

 Roadwork Can

Mean Life, Death

The Good News: Oneonta,

Cooperstown Projects Moving Forward

If DOT engineer Peter Larson thought it was going to be a ho-hum hearing that Dec. 15, 2008, at Oneonta High School, Kay Stuligross quickly advised him otherwise.
“My husband was killed right there,” the former county representative told Larson, pointing to a spot where Lettis Highway enters Southside, in front of McDonald’s.
Stuligross’ husband, Jack, a retired Hartwick College economics professor, had been riding his bike when it was struck by a car there on Oct. 2, 2007, just 14 months before.  He died of his injuries.
Just being there, Kay Stuligross underscored: road improvements are matters of life and death.  That’s often lost in the excruciating process of state and federal permitting.
Despite her testimony, the Southside roadwork – Project 9120.43 – was never done, as federal money dried up following the Great Recession that had begun just a couple of months before the OHS hearing.

From Hometown Oneonta archives, 2008 – Kay Stuligross signs in at the DOT hearing Monday, Dec. 15, 2008, at Oneonta High School on safety improvement on the Southside.

That speaks to the complacency that sets in on road projects, as well as the competition among needy municipalities.

Nonetheless, the past few days has brought good news on two projects, long on the books and long debated.
One, in Oneonta, the city and town jointly applied Thursday, Aug. 16, for $8.7 million in state funds to beautify Lettis Highway, add a sidewalk there, and build a sidewalk on Southside Oneonta from Lowe’s to the east to Home Depot to the west.
Two, in Cooperstown, for a redesigned traffic-light setup at Chestnut and Main, the village’s only traffic signal. The Village Board, that same Aug. 16, let a $1.9 million contract to Upstate Companies LLC, an Mount Upton firm, to do the work, beginning the Monday that Labor Day Weekend ends.

Mom Marcia Doyle of LaGrangeville, Dutchess County, crosses the expanse of Chestnut Street, Cooperstown, with son Patrick and daughter Devyn. Inset is Lettis Highway, Oneonta, as it is today.


In Oneonta – if the grant comes through; perhaps by January, Mayor Gary Herzig hopes – the sidewalks could finally address the major concern underscored by Jack Stuligross’ death.
As important, perhaps moreso, would be construction of a sidewalk on one side of the whole length of Lettis Highway, the four-lane that connects Main Street with the Southside strip.
Many Oneontans who work in the big box stores must now walk precariously along Lettis’ shoulder to their jobs, a long-ongoing danger that now may come to an end, Herzig hopes.Right now, Lettis Highway – at I-88’s Exit 15, the main entryway to the city – makes a poor first impression to the generally charming City of the Hills. Some of the city’s money would be used for less stark lighting (that would illuminate the roadway AND the sidewalk). And it would create a landscaped green median strip, a welcoming replacement for the Jersey barriers and asphalt.

The Freeman’s Journal

Some of the Cooperstown grant – a TEP, for the USDOT’s Transportation Enhancement Program – will be used for further beautification of Main Street – more new benches and the like.
Foremost, though, it will “bump out” the sidewalk in front of Mel’s 22, narrowing Chestnut Street there, Mayor Ellen Tillapaugh said. “Walk/Don’t Walk” signs will clearly guide pedestrians at all four crossings.
For years, anyone trying to cross that intersection on foot – but particularly tourists, some 500,000 a year – don’t know what to do. Drivers passing through can see the apprehension on their faces.

Both of these projects are long-awaited: Oneonta’s, a decade and more; Cooperstown, five years, since the original TEP application was submitted.
As the work begins – in Oneonta by next summer, it can only be hoped – let’s keep Jack Stuligross in mind.
What happened to him didn’t have to happen. Let’s do what we can to ensure it doesn’t again to someone else.

Sensible Plan Surfaces To Ensure Energy For Industry

Editorial For August 17, 2018

Sensible Plan Surfaces To

Ensure Energy For Industry

When Otsego Now Executive Director Jody Zakrevsky was Schoharie County economic developer, a Canadian firm was a half-step away from buying long-vacant Guilford Mills, that rambling complex to the right of I-88 as you drive to Albany.
All that was lacking was a letter from the mayor, assuring the company would be guaranteed sufficient power to conduct business.
Such a letter was forthcoming, but the last line read, “except in case of flood.”
As you can imagine, the president of the Canadian company saw that and the deal was dead. Who would want to invest millions in a complex where, “in case of flood,” production could come to a standstill?

Parker Fish/The Freeman’s Journal – Binghamton area activitist Bill Huston videotapes the Oneonta Town Board meeting Aug. 8, surrounded by 100 or so natural-gas opponents.

Oh, poor Otsego County.
Our poverty rate (16.3 percent) is a couple of points higher than the state (14.7) and national (14), per http:/datausa.io, interesting site.
Our median household income ($49,609) is substantially lower than the state ($62,908) and nation ($57,617).
Our population is declining (0.68 percent), almost three times as fast as the state’s (0.26). Nationally, population is rising (0.53).
And it’s been proved we lack the energy – in particular, natural gas – needed to attract economic development here.
In fact, a team put together by Otsego Now – it includes Lou Allstadt, no natural-gas groupie (quite the opposite) – has been meeting with NYSEG President Taylor over the past few months on this very issue.

Today, the county gets natural gas through a pipeline from DuRuyter, near Cortland, but the line is old and too narrow. NYSEG pledged to expand it, and obtained a rate increase to finance it – the pricetag is an astonishing $100 million – but is backing away.

Then, the energy cavalry arrives, in the form of a sensible idea!
Instead of waiting for NYSEG to act (or not), why not install a gas decompression station, perhaps in the former Pony Farm (the Oneonta Commerce Park, right off Interstate 88’s Exit 13)?
Otsego Now thought so, and has applied for a $3 million CFA grant to help pay for the cost, perhaps $17 million (maybe somewhat less).
Prudently, Jody Zakrevsky asked to brief the Oneonta Town Board at its regular meeting last week, to make sure it was in the loop. When he arrived, 100 of our region’s anti-gas true believers were there to grill him and paint nightmare scenarios.
We’ve seen this drill before. But we shouldn’t take it to mean there’s widespread local opposition to the idea.
Sustainable Otsego and similar environmental groups have powerful social-media tools that can summon the troops at short notice. If anything, 100 is a paltry number, given the 300+ brought to those 2015 hearings on the Constitution Pipeline.
According to Oneonta Town Supervisor Bob Wood, about half the crowd was local, but some came from as far away as Ithaca, 75 miles. Another, quoted on www.AllOTSEGO.com, was from Oxford, 45 miles and a county away.
Town board members didn’t have to make any decision that night, but Wood estimates they are split, 2-2. If funding comes through, the plant will probably need a Zoning Board of Appeals vote; this was just a prelude.

At base, the decompression station is a sensible, low-impact way to overcome the key obstacle to economic development.
Lacking a pipeline like the Constitution, gas is being compressed so, as a liquid, it can be transported in tanker trucks to a decompression station, then turned back into gas and delivered to customers through existing gas lines.
Many sensible people object to too-big XNG gas trucks traversing two-lane Routes 205 and 80, and they’re right. Two rigs so far have toppled over due to soft shoulders. But this plan would allow gas trucks to stay on I-88 except for a quick left and a second quick left into Pony Farm. Just what most people want.
Zakrevsky estimates two, maybe three trucks a winter would be required so that Oneonta’s major institutions – the colleges, Fox Hospital and the like – would no longer be on an “interruptible” regimen. Right now, whenever there’s a cold snap – a couple of weeks a winter – they have to shift to more-expensive and more-polluting fuel oil.
Even better, the decompression station would assure a dependable energy source to anyone seeking to locate at the D&H yards, which has everything else – space, rail, proximity to an Interstate and airport.
Let’s not be Cobleskill. Let’s not declare, “except in case of flood.” The numbers, and what we see around us, prove it: We need more and better jobs.
Let’s not be diverted. When an opportunity arises, let’s declare, “Otsego County: Open for Business,” and mean it.

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