The Judge Report

A Very Great Anniversary

Fri, 17 Jul 2009 21:15:58 GMT

Since I've been continuously plugging my murder mystery, The Evil Has Landed, seems like this is an appropriate time for this excerpt from Chapter 7 (no charge):

   Jack had settled back with his third Harp when along came the teenage nephews, Eddie and Neil, Jr.
   “Uncle Jack, I hear you’re working on a murder case!” exclaimed Neil, Jr.
   “Well, not so much any more, but at the beginning I was right there for it all.”
   And once again in his mind’s eye, Jack was dashing out on the roof, looking exceptionally buff, and flying through the window to save his friends and doubtless hundreds of innocent civilians from the massive explosion that could have been caused by that leaky gas stove!
   “Did you see a lot of blood and guts, Uncle Jack?” inquired Eddie the irrepressible.
   “Ah, yes, lad. Well, not so much guts as blood. Blood everywhere. Blood . . .and mayonnaise!”
   “That’s gross!” said Eddie excitedly.
   “When’s the trial? You gonna be a witness?” asked Neil Jr.
   “Probably October. And, yes, I expect I may be called as a witness.”
   Big Neil, taking a break from the hamburger flipping, sat down next to his brother.
   “You know what Tuesday is, Jack?”
   Jack thought about it. Hmm. July 20. “Not my anniversary, I hope?”
   Neil replied, “Not your anniversary, but a very great anniversary. It’ll be thirty years since men from the planet earth first walked on the surface of the moon.”
   “You remember that, Dad?” said Anna, now momentarily halting her flitting and sitting down with the rest.
   “Yes, Anna. I remember.”

    And suddenly it was July 20, 1969 and young Neil Hughes, recent high school graduate, is about to miss it all. His job as the sole Sunday afternoon and evening announcer at Sanford Mills’ only radio station means that he will not be present to witness the greatest live television event in history.
   At the last minute, though, his step-grandfather’s brother comes up with a long-abandoned black and white portable, and Neil sets it up in the newsroom. He remembers that he had seen a long flat antenna wire in the attic of the station, left over from those days in the late forties when the manager used to set up a microphone next to a television speaker and pirate broadcast the Friday night fights. The roof-top antenna still works.
   Not much life in this cathode-ray tube. Barely any light on the screen with sunshine coming through the windows. But that will improve when darkness falls.
   He checks the log and sees that nothing about the moon landing is scheduled. No, they were going to broadcast the Yankees/Washington Senators game.
   Neil calls the station program director.
   “You know, I really think we ought to carry the moon landing.”
   “The advertisers have already paid for the Yankee game, and we have a package deal with the Yankee network. We just can’t mess that up,” says the program director. “I’ll tell you what, you monitor the news network, and when it gets down to where they’ll be landing soon, switch over for a couple of minutes, then make sure you go right back to the game.”
   All afternoon the old AP teletype machine in the back room keeps setting off its loud news-flash bell, and Neil is glued to the ABC radio monitor, interrupting only long enough to throw on an occasional Genesee Beer commercial for the local breaks.

   “Eagle, you are go for power descent.”
   “Fourteen thousand feet and coming down beautifully.”
   “Five hundred and forty feet.” And now Neil says to hell with the Yankee game and throws the switch.
   “Four hundred feet . . . face forward and hatch down . . .” crackles the steady voice across the ether.
   “Two hundred and fifty feet . . .two hundred and twenty feet . . .coming down nicely.
   “One hundred feet . . .” and now the whole world stops breathing.
   “Seventy-five feet. . .
   “Lights on. Forward. Forward. Good. Forty feet . . .picking up some dust . . .Faint shadow . . Drifting
to the right a little.
   “Contact light. Okay, engine stop. . .Engine arm off.
   “Houston . . .Tranquillity Base here. The Eagle has landed.”

   And Neil Hughes, 18-year-old high school graduate tough guy, sitting all alone in a tiny radio station in upstate New York, sits and blubbers like a baby.
   And when, a few minutes later he fulfills his obligation to the beer distributorship and returns to the Yankee game, it turns out they hadn’t missed much, because, of course, as the moment came, like everywhere else in the world, things just stopped and all eyes were glued on the electric scoreboard in Yankee Stadium and when he throws the switch back all Neil can hear is thunderous cheers that just won’t stop and suddenly at the stadium a recording of America the Beautiful starts playing and people are crying and laughing and dancing and screaming their hearts out and Neil Hughes knows that if he lives to be a thousand he will never experience another moment like this and he savors it. He savors it.
   And finally Phil Rizzuto says, “Holy cow! I don’t know about you, but I’m all choked up!”

   Several hours later, and now it’s dark and the old picture tube lights up a little and Neil’s namesake on the moon opens a little hatch and a camera springs to life and there he is at 10:56 P.M. EDT, one man, alone, stepping on the surface of the moon.
   Just in time, too, for young Neil Hughes has to finish the broadcast day with the 11 o’clock news and the National Anthem.
   He goes out into the parking lot and looks up at the clear night sky, all the stars in the heavens and that moon that could never, ever look the same again and then, off to the side, sees a small, red steady light.
   Mars.

   When he arrives home his parents are glued to the television and 3-year-old Jack is bundled up in a blanket, asleep on the floor in front of the tv. Neil wakes him.
   “Jack, Jack. Look at the television.”
   Little Jack rubs his eyes and looks.
   “I know you’re awfully little, Jack, but look at this. Two men. . . two men are walking on the moon! Look at this Jack, and try to remember this, remember this for the rest of your life. Try to remember this, Jack. . . because you’ll never see anything quite this wonderful ever again.”
   And a few moments later little Jack curls up comfortably in his brother’s lap and returns to blissful sleep.
   And never remembered.

   “Hey, Big Bro, I’m sorry, but it was way past my bedtime,” grinned Jack. “Besides, I’ve seen it on tv a gazillion times since.”
   “Not the same. Not the same.” A bitter poignancy was beginning to overcome Neil.
   “So, Dad, how come they don’t go there any more?”asked Neil, Jr.
   “Cheap visionless bastards!” explained Dad.
   “Mr. Hughes, watch your language in front of the children,” warned his wife.
   “I’m sorry, dear, you’re right. Children, I apologize for my language. Please forgive me. I meant to say ‘Cheap visionless persons of uncertain ancestry.’”
   “That’s better.” They all nodded their approval.
   “Fact of the matter is, kids, that as far as I’m concerned, except for the birth, death and resurrection of Our Lord and Savior, that was the greatest thing that ever happened in the history of the world, and those morons in Washington threw it all away. Worthless offspring of disputed pedigree!” he elaborated.
   “But what about taking care of the poor here on earth and education and stuff like that? Shouldn’t we do that first?” Anna offered, modernly.
   And it was the wrong thing to say, because now the rage began to come over him and maybe it was the beer talking, but probably not.
   “The poor we will always have with us!” he roared. “But this, this was a time when all mankind joined together on a glorious adventure, led by the free and God-fearing American people. It wasn’t a matter of military conquest or subjecting a people or seeking out selfish gain. It was about challenge and discovery and excitement and small men with giant ideas facing the vast emptiness of the universe. It was about learning and seeing and being and believing in something bigger than yourself. It was about the human race after hundreds of thousands of years of evolution rising up out of this primordial swamp, reaching out and touching the face of God!”

   And there was a great silence.
   Until Neil, Jr said, “Get ya another Harp, Pops?”
   “Of course.”

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Good Citizens

Fri, 17 Jul 2009 11:26:53 GMT

A nice editorial in this morning's Recorder honoring Karol Krajewski and the late Anthony "Jim" Draus for theiir dedication to the Fourth Ward Veterans Memorial.

I never knew Mr. Draus, but I know Karol well. He served for many years, off and on, as Amsterdam's Fourth Ward Alderman. Though we crossed political swords many times, he has always treated me as a gentleman and a friend. His life has been dedicated to happy public service. His loving devotion to the war memorial should be an inspiration to all.

The beautiful memorial, located on the corner of Vrooman Avenue and Edson Street, on a piece of the former Vrooman Avenue School property, features a fountain and the flags of the various nations making up Amsterdam's ethnic mix. Karol has always made sure that the flags are fresh and the weeds plucked and the dignity of that honorable site maintained.

May their work long endure.

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and don't forget The Judge Report (THE BOOK) is now available, too!

When Amsterdam Had Confidence in Itself

Wed, 15 Jul 2009 22:20:21 GMT

Back in school year 1966-67, somebody decided that Lynch High School needed a new flag. Instead of hiring a consultant, the Student Council sponsored a contest. Winner Kathy Moore with the winning design.

Pretty positive, eh?

Buy my murder mystery The Evil Has Landed

and don't forget The Judge Report (THE BOOK) is now available, too!

shadycat

Wed, 15 Jul 2009 21:12:26 GMT

Be sure to listen to Michael radio tomorrow at 11 am on WCSS (WCSS1490.com). There is a very good chance that the identity of shadycat, the mysterious blog commenter who opines that the people of the south side think with one puny brain and that they think fine dining means eating at Parillo's, will finally be revealed.

And it will be a shocker.

****************

The First Clue.

The Second Clue. Twelve entries down.

The Third Clue. Same photograph as second clue.

The research was provided to me by a third party. I investigated it myself and am satisfied that it is entirely accurate.

[UPDATE 7/16/2009] Oh, this is precious. From the Queen of Cover-up over at flippinamsterdam:

wildthane Says:
July 16, 2009 at 6:34 pm
This witch hunt is base foolishness.

There are important issues in need of solutions everywhere we look: physically and spiritually in our own lives, in the City, State, Nation and globally. That this topic has garnered this much attention is disappointing at best.

Can you imagine how much could be accomplished if this much energy were put into solving the real problems we are faced with?

As for as casting aspersions, Jesus said it best (King James Bible):

“He that is WITHOUT SIN among you, let him first cast a stone at her.”

Drop the rock.

These are, of course, the people who conspired together to trash the good name of Michael Chiara so that they could control the assessments. Another developing story. Behind the scenes, of course, where they thought no one would find out about it, while they smiled and giggled in public.

Michael and I may say stupid things from time to time, but we use our own names.

Change the subject, everyone! No story here!

*******

{Further Update: Bethany Comments]

Some local craziness going on, where suffice to say, the entire city I live in, well perhaps I exaggerate, at least those those who read certain local political blogs have been directed to my facebook page, and an old blog of mine, and my silly local paper is going to run a cover story on anonymous bloggers and attempts to out them, in which many disparaging comments will be made about me. Only in my town is that actually news. Most interestingly, the faux outrage stems from a glib comment allegedly made by me which stated, essentially, that neighborhood opponents of a certain project shared one little brain, and that one local restaurant was not fine dining. Oh, the horrors! Those comments have apparently lead to a weeks (or perhaps months) long hunt for the anonymous blogger, with multiple blogs previewing that the blogger's identity would be announced live on local radio today.

I actually learned about most of this (that the blogs that had my pictures and links to my personal info) when I got a call from the newspaper this afternoon. Fun times. I thought I got out of the fishbowl when I didn't run for re-election!

Just a working mom, enjoying my marriage and baby. Nothing to see here.

Talk about spinmeisters. She just heard about this this afternoon? Hogwash. She was all over my blog last night. And her office made NUMEROUS phone calls before the radio show this morning to a person whom they thought (incorrectly) was our source. Because of the vengeance Bethany previously exacted on that person, which included getting her fired for having made a blog comment unflattering to Mayor Thane, I felt it necessary to post the chain of evidence so we could all be spared the lying denials. She's been erasing her own blog comments on area blogs.

This did not involve hacking, cooperation of site owners or IP agents. It was straight public information that began by googling "shadycat" and following the leads.

Here's what sparked the "faux outrage." I suggest Bethany Schumann, a "less scary (and very democratic) Karl Rove", Chair of the Montgomery County Democratic Committee, protege of Paul Tonko and mentor of Ann Thane, needs to spend a little more time on the south side to evaluate how much of the outrage is "faux":

Why aren't you southsiders more angry at the complete eyesores that call themselves businesses on the south side???
Plus, the biggest and most progressive businesspeople on the southside are in favor of the project, Alteri, Santos, Phemister. These are homeowners and landowners and businesses with hundreds of thousands of dollars invested and they support the project. Meanwhile, all you other chuckleheads who think Parillos is fine dining, know all your neighbor's business, never leave the stinkin' south side, and have looked at the stinkin' Chalmers building for DECADES without EVER demanding it be demolished, now are insisting it be demolished, and that the first out of town person in years who actually wanted to invest in our city should be denied, need to have your heads examined. Do you all share one tiny, southside brain??????????????

Can't imagine how that would offend any of those chucklehead stinkin' southsiders.

**************

[UPDATE 7/17] More precious moments from the morning's Recorder:

Amsterdam Mayor Ann Thane characterized the attack on Schumann-McGhee as a witch hunt and said, "This particular situation is not deserving of comment; but the broader issue of posting anonymously is the real issue. If you're going to say something disparaging, then maybe you ought to use your real name."

She said, "It's the same thing on the radio. 'Miss Hagaman'" - a frequent caller to Chiara's and Going's radio program - "is anonymous."

I was wondering how long it would take to get to the real mastermind. It's Miss Hagaman. It was Miss Hagaman all along.

Buy my murder mystery The Evil Has Landed

and don't forget The Judge Report (THE BOOK) is now available, too!

Developing Story

Wed, 15 Jul 2009 19:47:16 GMT

A reader who has exercised her rights under the Freedom of Information Law (FOIL) advises that she has requested the vouchers that have been paid for The Saratoga Associates for the last five years. They have been the city's consultants for several years on different projects, including the Via Ponte and the Chalmers Mills.

The individual vouchers have not yet been provided, but the raw figures have. Though I won't be in a position to analyze them until I have seen the vouchers, the amounts involved are staggering. This is a preliminary report and a developing story:

Now for 07/08/09 $459,906.23 was paid to SA for total payments for Demolition of unsafe buildings; and 24,316.56 has been spent on engineering services for maintenance of roads.

The only project that I can recall that TSA has been involved in for demolition of buildings is Chalmers. If that is true, an amazingly high percentage of the grant money (for which we bonded several years ago) has already been used up on consultants who keep switching gears back and forth as to whether to rehabilitate or tear down the buildings. Have we been reimbursed by the state? Will we be? Those are questions I posted for the mayor and have yet to receive a reply.

I'll keep you informed as that information becomes available.

Buy my murder mystery The Evil Has Landed

and don't forget The Judge Report (THE BOOK) is now available, too!

What is the difference

Wed, 15 Jul 2009 19:36:44 GMT

Guest Post from an awfully nice anonymous:

     what is the difference between a to-be-demolished building, which is an eye-sore and a fire hazard , sitting on a piece of property that is also unkempt and potentially dangerous and it being buried in our own clean landfill "dump" ?
Money in our pockets- and pride in our city potential-
      what is the difference between a motto and website developed by "companies" and a logo and website designed by our own citizens ie. high school students?
Money in our pockets and pride in our city potential-
       what is the difference between hiring outside people and friends to do what elected officials should know how to do and and firing city employees who know how to do their jobs?
Money in our pockets- and pride in our city's citizens-
       what is the difference between spending foolishly and staying in a conservative budget?
Money in our pockets- AND LOWER TAXES which would entice businesses and population to come to our beautiful city-
       We mock you because we love you
TO BE CONTINUED...

Thought for the Day

Tue, 14 Jul 2009 18:44:16 GMT

Puffery invites mockery.

-Hindu Wisdom

Not So Nice III

Tue, 14 Jul 2009 12:43:12 GMT

If you read my previous posts on this topic, here and here, you will recall that City of Amsterdam City Hall Head Custodian Jim Crisalli, who had been my first source on the story about Alderman Brumley demolishing and rebuilding a garage without the necessary permits, with the able assistance of Alderman Roth (both of whom have chosen not to seek re-election), received a letter in the mail from Mayor Ann Thane, on five days notice, announcing that his job would be terminated as of July 1, because the Budget Review Board had eliminated his position and created a lower-level, lesser-paying one.

Problem with that assertion was that no one who was asked about this recalled it ever happening, no one has produced any minutes of any meeting (which are required to be in open session) when this was decided, no reporter made any note of it, neither the CSEA Union nor Mr. Crisalli ever heard of it, and the budget itself showed Crisalli's position, along with his name, fully funded.

Jim has been out on disability, month to month, since having quadrupal bypass surgery.

Crisalli requested the lower position under protest, pending resolution of the grievances filed on his behalf by the union. That will work itself out.

Meanwhile, Controller Reynicke announced at the last Common Council meeting that there had been a "mistake" in a personnel line item in the budget and suggested that the budget be amended at the next meeting to correct the "mistake".

I'm pretty sure I know what that "mistake" is, and it will be interesting to see if the Budget Review Board (the Common Council and the Mayor and Controller) have anything at all to say about this when it is voted on, or will it all be a series of twelve digit account numbers being transferred here and there while the custodian's enemies exact their revenge.

Meanwhile, the mayor has been examining the personnel files of city employees and is shocked to learn how clean most of them are on the disciplinary side, and has instructed certain department heads that they need to begin bringing action against the employees to keep them on their toes, or to set the stage for the removal of disloyal officers. One department head has even been told that he must bring his employees under control because they have been known to say bad things about her.

Not so nice.

************

I should add that due to attrition in his department, Mr. Crisalli and his part time assistant have been doing the work of what at one time was a staff of twelve.

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FACEBOOK Philosophy 101

Sun, 12 Jul 2009 00:32:38 GMT

Linda Kellett As I read blog postings by our leading local officials and some of their more articulate and reflective critics, I am struck by the contrast between their collective zeal and LOVE for the city of Amsterdam and their differing viewpoints, which are so polarizing. If we can't reach a meeting of the minds at the local level of government, what hope is there on any level?

Robert Neil Going at 12:34pm July 11

If you read the histories of the Continental Congress and the Constitutional Convention you will find similar polarizing conflicts. Healthy, vigorous and reasoned debate is good for communities at all levels, as annoying as it may be.

Ann M. Thane at 2:08pm July 11

If only the debate was reasoned.

Ann M. Thane at 2:09pm July 11

or healthy.

Robert Neil Going at 2:10pm July 11

Yes.

Ann M. Thane at 2:12pm July 11

and most importantly, honest.

Robert Neil Going at 2:17pm July 11

Absolutely.

Robert Neil Going at 2:23pm July 11

See, we agree!

************

So, let's try to get all the facts on the table. Some questions for the Mayor:

1. Within weeks of the signing of the Option Agreement for the purchase of the Chalmers Mills, neighbors and a responsible local businessman reported that employees of Mr. Kaufman (or his immediate agent) were removing salvage materials from the buildings, even though they had no claim of title whatsoever to same. True or not true?

2. Diane Hatzenbuhler claimed at the Middle School meeting to have copies of emails between you and Kaufman's agent, wherein he admitted to having removed the materials and intended to use the sale of same for financing the expenses of their assessment of the building. True?

3. If the above are true, did anyone in your administration, or our agents The Saratoga Associates or the Empire Zone or anyone else connected with our side give them permission? If so, who, and under what circumstances or conditions?

4. Mr. Kaufman made certain assertions concerning the amount of rents he anticipated receiving for this project, which he repeated at the Middle School meeting, yet you already had in your hands his marketing study which showed the market would only support barely more than half of the figures he was claiming. How do you reconcile these two conflicting statements?

5. Mr. Kaufman's marketing study also recommends only going through with the red brick building to begin with, and a much smaller development than his original 180 unit proposal. Does anything in the option agreement require him to develop anything at all if he purchases the buildings?

6. Street talk has estimated the salvage value of the building at roughly twice what Kaufman proposes to pay for it. Do you have any independent estimate of the value of the flooring, copper wiring, fixtures, etc in the buildings?

7. The concrete building was erected at literally the dawn of the rebar era. I notice some of the rebar is now showing through on the Gilliland Avenue side where hundred pound chunks of concrete have fallen off the face of the building. Concrete people have told me that it would be impossible to reface the building with new concrete over old. I know nothing about this, myself. Do you?

8. Your interpretation of the Option Agreement is that no funds need be put up nor title pass until environmental remediation is completed. There are two ways to do this. We could follow the recommendation of Dan Shearer of ENSR to remediate by demolishing the buildings first, or we could follow the recommendation of Dan Shearer of The Saratoga Associates and remediate in place. If we do the latter, then there will be no money left over from the state grant for demolition, correct? And Mr. Kaufman would still be under no obligation past his ten dollar tendering to us, correct?

9. We were previously told, and told the state, that the only way to complete the brownfield investigation of the site was to demolish the buildings. Now we are saying we can drill holes in the basements. Has the testing been completed? Has the state agreed to reimburse us for this change of plan?

10. How much have we expended already on the bond anticipation note we took out several years ago for this project? How much has gone to our consultants? Have we received any reimbursement from the state? Have they approved any of our expenditures for reimbursement?

11. You recently told a local radio audience that it was your understanding that the city would (some day) receive $890,000 per year in real property taxes. You now admit that the figure should really be about 23% of that. Does that make a difference to you?

12. By your new figures, you anticipate an assessed value of about $16 million, which would translate into a full value of more than 25 million. Harmony Mills in Cohoes is assessed at 5 million with a full value of about 8 million. On what basis do you estimate that the finished product here will be worth three times Harmony Mills? A detailed analysis from your assessor would be helpful.

13. Mr. Kaufman's Harmony Mills luxury apartments pay no real property taxes. Mr. Quist of the Empire Zone stated, I believe, that the first seven years after title passes on Chalmers, real property taxes would be based on the frozen assessment as it stands now, i.e. the low assessment of an abandoned structure slated for demolition. You have also stated that you would not be opposed to a PILOT program for this project, payments in lieu of taxes, if that's what it takes to make it happen. Are you ready to commit to a year when actual taxes will be paid on this property?

14. Certain Restore New York funds have already been commited to this project. You weren't completely clear on this, but a couple of times I understood you to imply that the city would apply for an additional $2.5 million dollars, which would go directly to the developer. What do you anticipate?

15. If there will be this additional Restore New York application, have you considered how this money could also be used for other projects, including the demolitions of city-owned properties which are desperately needed and for which funds are otherwise scarce? Or for the water pressure improvement on Wall Street Hill? Or new fire hydrants?

16. The Option Agreement called for Kaufman to make the necessary applications before the Zoning Board of Appeals and the Planning Commission by last Fall. He did not do so. Do you know why? (I understand that he could not make a similar application to the Waterfront Commission, since you hadn't appointed any members to that body until November of 2008, eleven months after you took office and six months after the Option Agreement was signed).

17. You indicated you have spoken to municipal officials where Mr. Kaufman has had "successful" projects. Have you spoken with any officials in areas where Mr. Kaufman has taken out options and then done nothing at all?

18. Public records indicate that Mr. Kaufman has contributed $1,000 to the campaign fund for the Mayor of Cohoes. Have you received a similar contribution? Do you anticipate one? Would you refuse it if offered?

19. Speaking philosophically for a moment, do you believe it is a wise and proper expenditure of taxpayer funds to subsidize luxury housing for the well-to-do?

20. Again, speaking philosophically, during your campaign for mayor (and no other time that I can recall) you indicated that you were opposed to the development of a construction and demolition landfill in the Edson Street Industrial Park, which would have provided three million dollars a year to the city for about ten years, because the people, in your estimation, were against it, particularly the people in that neighborhood. You gave no other reason. Has your philosophy changed?

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Confluence

Fri, 10 Jul 2009 21:00:20 GMT

An unusual alignment of my past, present and future took place last evening. I had been out gathering signatures for my Alderman petitions, a hot and mouth-drying process this time of year, and as dusk was bringing my constituent-bothering to a close, I found myself on Yeoman Street, and so dropped into the Irish American Club, a rare visit these days.

I confronted the usual mix of familiar and semi-familiar faces in what is still about the only public place where I can feel comfortable being me, and ordered a Harp, much like the fictional character Neil Hughes in my murder mystery The Evil Has Landed.

And standing next to me, offering a friendly hug, was Stephen Mezzio.

***********

Back in 1966, three of us fourteen going on fifteen classmates found ourselves in the awkward position of experiencing puberty at the same time our forty-something mothers were giving birth to their final children. My brother Sean came first, on May the 9th, Stephen Mezzio three days later (which became the subject of three less-than-epic poems by R. Poeta) and Anthony Montenaro in October. And I think just after that Mrs. Mezzio became a grandmother for the first time as well.

Mary Alice Mezzio and Peter Montenaro and I were all friends, as I have written about often, and the two of them eventually married, making Stephen and Anthony sort of relatives, and as the years went by Anthony and Sean became classmates and good friends, and the altar servers at our wedding.

Stephen's dad and our dad were long time friends and shared a common affliction: lousy hearts. They alternated with their open-heart surgeries and artificial valves. Each was told that it was very unlikely they would ever suffer heart attacks or strokes. So Dad had the heart attack, and Mike Mezzio the strokes. Dad died first, at 52 when Sean was eight, and Mike a couple of years later, also in his fifties.

Less than a month later, Stephen's older brother David (two years older than us, in my brother Jay's class) and a couple of other lads took Stephen on a Spring canoe ride on the Mohawk River, before the Barge Canal dams were down for the season. They ran the rapids at the Tribes Hill-Fort Hunter bridge, the canoe flipped, and only Stephen made it to shore.

Another wake, another funeral.

Later that same year, I bumped into Mrs. Mezzio coming out of the back door at the Amsterdam Savigs Bank on Division Street. She hugged me.

"Bob, I'm leaving. I can't take it any more. We're moving to Arizona."

For several years she kept the place on Route 5s as her "Upstate New York summer cottage," and so Stephen was able to maintain his childhood friendships, including his chum from kindergarten, Robbie Phelps. Even after the "cottage" was sold, he continued to come up here, often staying at Pete and Donna's.

Years flew by, and eventually the now adult Robbie Phelps decided to make a life for himself in Arizona as well. He and Stephen remained fast friends, even sharing living quarters until eventually Stephen got married and three's a crowd.

**********

So, that's what brought Stephen back home, following his friend's body from Arizona to his final resting place in the soft earth of Green Hill Cemetery.

On Monday, before the wake, Mary and I had stopped at Karen's Produce for lunch, and brought the ice cream with us to the Schoharie boat launch. We sat at a picnic table overlooking the pleasant confluence of the Schoharie Creek and the Mohawk River, just a bit downstream from the ruins of the Erie Canal Aquaduct which carried Clinton's Ditch over the sometimes treacherous waters, maybe a quarter of a mile from the Thruway Bridge which replaced the one that collapsed twenty-some years ago, sending ten cars and passengers to their sudden end.

We finished up, walked around a bit and headed back to the car. Something caught my eye. I wandered over to a monument I had never noticed before, a memorial to David Mezzio and the others, and all who perished on the creek and river.

*********

We chatted for a long time, Stephen and I. He grew up to be a fine young man, as did Anthony. As did Sean.

As did Robbie.

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More Chalmers Contract Screw-up?

Thu, 09 Jul 2009 18:14:25 GMT

This is a fantastic thing for me to say, but Bill Wills in now my hero for an additional 24 hours.

As you may recall, on or about May 13, 2008 the City of Amsterdam entered into an Option Agreement with Albany Tech LLC, a limited liability company controlled by Uri Kaufman and his partner. Bill Wills decided to do a little search with respect to Albany Tech LLC. His preliminary report: it does not appear to exist.

If it was neither organized under the laws of the State of New York nor licensed to do business in the State of New York at the time the contract was signed, then there is no contract.

I can't wait to see how the Corporation Counsel gets around that one.

Maybe I should offer a free copy of The Evil Has Landed for the most creative proposed legal opinion.

[UPDATE] It appears to me that Mr. Wills is correct. The Department of State maintains an on-line search site that is up to date as of yesterday. No Albany Tech LLC. You can search for yourself here.

You may also search Harmony Mills as a "contains" and come up with numerous Kaufman business entities.

Here's the opening paragraph of the Option Agreement:

OPTION AGREEMENT

This Agreement executed this __ day of ________, 2008, by and between Albany Tech LLC ("AT"), a limited liability company with shareholders as listed in the attached schedule A, with an address at 135 Fulton Street, Lawrence, NY 11559 and the City of Amsterdam (the "City"), an incorporated City with an address at City Hall, 61 Church Street, Amsterdam, NY 12010.

The copy I was given, which was the final one before the signed copy, and the one that the Aldermen supposedly voted on, does not contain a completed schedule A, though there are references to various family trusts of the principals to be named in the final draft.

[Further UPDATE] Charlie Kraebel is now reporting that the final draft of the agreement, or at least the one they are now displaying, says that the entity with which the city has the option is actually Albany Tech Center, LLC, not Albany Tech, LLC.

Pardon my cynicism, but is the ink dry on that copy? Do the records of the City Clerk reflect the contract the Common Council voted on? (The procedure when I was Corporation Counsel was to attach the actual contract to the resolution before the board). I no longer accept at face value any premise put forth by the Thane regime as fact.

Aldermen, check your files. If you voted on Albany Tech Center LLC, please step forward and say so. If you didn't, then, despite what Charlie thinks, this is not a non-story. I once saw a 22 million dollar mortgage lien disappear on just such an issue.

[LATER THOUGHT] Regardless of how this plays out, I still credit Bill Wills for having the intelligence and gumption to follow up on this. I recall at least one time in the last administration where some folks tried to sell us a bill of goods about a fantastic company that didn't yet exist. It's very important to know who exactly you are dealing with and who is responsible for upholding the terms of a contract. Not at all a small issue.

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One More Thing . . . Part II

Wed, 08 Jul 2009 18:38:07 GMT

Couldn't help but notice that Mayor Thane was able to recruit democratic party stooge Phil Lyford to attack my analysis of the Mayor's claims concerning future tax revenues on the Chalmers project.

He spoke during the public portion of the Common Council meeting last night. He thought my figures were absurd, with which I heartily agree because they weren't mine, they were Mayor Thane's. He then produced a new set of figures for the aldermen, which I haven't seen. From what little I could understand of his spoken analysis, it sounds like it conformed with one or more of my alternative options in the previous post which had already been up and running here for seven or eight hours.

His principal argument? My arithmetic can't be trusted because I was "for the dump!"

Getting old, Phil.

I've gone over my figures multiple times both alone and with other people. If I'm wrong, somebody sure needs to show me how.

Meanwhile, thanks for dropping by, everyone. Yesterday was a banner day for hits and page views on this humble blog.

[UPDATE] For the benefit of those who are claiming I made up what the Mayor said on the Sam and Mike show, I was planning on linking you to the program (at WCSS1490.com), which Rebecca had recorded and posted. Unfortunately, it appears that the link is now down. In the future I will try to archive these precious moments before they disappear.

[FURTHER UPDATE] The above link works, and you can hear the Sam and Mike interview with Mayor Thane. She mentions in passing about 36 minutes in that the $1.2 million would be coming to the city ($890,000 RP tax plus water and sewer, which doesn't add up to that much, but I'm done quibbling over made-up figures) and then starting a little after the 41 minute mark she gets into a discussion with a caller wherein she clearly states that it is her belief that the $890,000 is the city's share.
What I missed the first time around is that she admits there may be a PILOT program (payments in lieu of taxes) which she would be agreeable to if it makes the project work, but that they haven't been asked yet. That would mean that all her claims, real or imagined, about future taxes would mean absolutely nothing, since a negotiated agreement could come up with any figure at all.

Buy my murder mystery The Evil Has Landed

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Chalmers- Just one more thing

Tue, 07 Jul 2009 13:12:33 GMT

If we accept Mayor Thane's figures on future tax revenues for the Chalmer's project of $890,000 per year for the city, based on current tax rates, and extrapolate those figures to include County and School taxes, the annual real property tax burden on the owner would be approximately $3.8 million dollars.

Based on the 180 units of various sizes (which would be the maximum number under the sketchy proposals thus far submitted), that amounts to an annual tax burden in excess of TWENTY ONE THOUSAND DOLLARS PER UNIT.

The MAXIMUM rental proposed for the largest unit (and contrary to what the Market Study says the market will bear) is $1,800 per month. Multiply that by twelve months and you come to . . .
TWENTY-ONE THOUSAND SIX HUNDRED DOLLARS.

Balance this all out with the fact that the majority of the units would bring in less than the maximum and the one and only conclusion to be drawn is that THE ANNUAL TAXES EXCEED THE PROPERTY INCOME!

Never mind the expenses of operation, debt repayment, depreciation and repair and political contributions.

Do the math.

Mayor Thane clearly has absolutely no idea what she's talking about, and we are making major, multi-million dollar decisions based on her complete fantasies.

[UPDATE] I've gotten several complaints from people who, recognizing the absurdity of these figures, maintain that I am mis-stating the Mayor's figures, that the $890,000 was meant to include City-County-School combined taxes.

Sorry, but I am relying here on Mayor Thane's own words. She was specifically asked on the Sam and Mike show last week whether the $890,000 figure was just the city's share or the the combined total. She responded quite clearly that it was her understanding that it represented only the city's share.

And if she's wrong, isn't it important for we, as citizens, to know that our mayor is selling this project to us on the basis of figures that are, even if fully realized, less than 25% of what she's been telling us and by her own words believes?

My sources in City Hall tell me the Mayor is scrambling to come out with revised figures (and, no doubt, a revised mantra, to use her term). Let me save her the trouble (5th graders and advanced 4th graders follow along):

Annual taxes, twenty years from now, $890,000

Number of apartments, 180.

Average annual rental per apartment based on average of $1400/month, $16,800.

Annual tax divided by number of apartments= $4,9444.44.

But remember, I was being kind and using the estimated rentals Kaufman used to sell the project, and not the figures that his marketing study showed, which, as I recall, projected monthly average rentals of $750, making the annual income per unit of only $9,000.

The Mayor also estimates annual water and sewer fees of $102,000 ( I guess they're collecting their own garbage), for an additional per unit cost of $566.67, which added to the average real property tax per unit of $4,944.44 brings a total per unit annual tax of $5,511.10. Divide that by the total annual income per unit of $9,000 and you have an annual tax and fee payment of 61.23% of income! That's better than the greater than 100% of my initial calculations giving everyone the benefit of a perfect project, but still ridiculous.

And if, by chance, Kaufman gets his pie-in-the-sky rentals, and there are no vacancies, you are still dealing with $5511.10 divided by $16,800= 32.8%.

Again, figures so absurd that they could not be sustained. Obviously, the assessment would have to be far, far lower than the Mayor's estimate for the project to be economically viable at the point in the far distant future when they actually start to pay taxes. Obviously, if you are paying even 32.8% of your income from the property in real property taxes BEFORE figuring in mortgage amortization, upkeep, vacancy rates, depreciation, insurance, office overhead, etc., IT DOESN'T WORK.

I stand by what I have said. Anyway you look at this, it is plainly obvious that Mayor Thane has absolutely no idea what she's talking about.

[FURTHER UPDATE] Boy, am I being a piker. According to flippin amsterdam, unofficial spokesman for the Thane regime, this proposed assessment is based on 80 units, not 180. Therefore, let us get out the old calculator again.

$890,000 divided by 80 units equals ELEVEN THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS TAX PER YEAR PER UNIT. Plus $566.67 in water and sewer equals EVEN THOUSAND SIX HUNDRED NINETY-ONE DOLLARS AND SIXTY-SEVEN CENTS.

Divided by estimated income of $16,800 based on Kaufman's highest estimates and you get 69.59 percent of income going to real property taxes. Based on his own market study estimate of $9,000 per year you get ONE HUNDRED THIRTY PERCENT OF INCOME GOING FOR REAL PROPERTY TAXES and fees.

So lets split the difference and call it $12,900 income per year per unit. Comes to then only 90.6 per cent of annual income. Before accounting for vacancies.

If that's the best they can do, and that seems to be their best, wow.

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Chalmers Comments and Colloquoy Part II

Tue, 07 Jul 2009 12:05:53 GMT

Continuing the previous post.

From:	(Anonymous)
Date:	June 25th, 2009 08:47 am (local)
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The Case against Chalmers

(Link)

So long term tax revenues are bad? Your position is quite short sighted.

(Reply) (Thread)

From:	</a></strong></a>rgoing
Date:	June 25th, 2009 09:13 am (local)
IP Address:

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Re: The Case against Chalmers

(Link)

Quite the contrary. You have to balance all the factors in, and the mayor in promoting the revenue stream uses strictly imaginary figures based on imaginary assessments over which she has zero control, estimates of units developed, which are not a requirement of the contract, and estimates of sales taxes based on the increase of residents which are entirely conjectural. There are zero short term benefits, and the long term benefits projected are contradicted by the marketing study submitted. Since this is a taxpayer-owned building, the taxpayers are entitled to a maximized return.

Given how slowly the wheels of government turn, my very considered opinion is that using the money already approved to clear the site is in everyone's best interest, except the developer with the ten dollar option, and the mayor who has staked her entire administration on the promises of a traveling salesman.

(Reply) (Parent) (Thread)

From:	</a></strong></a>rgoing
Date:	June 25th, 2009 09:17 am (local)

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Re: The Case against Chalmers

(Link)

One more thing. My Corporation Counsel's Office contained many old records from Urban Renewal's early days. You would be flabbergasted at the projected wealth this city was supposed to have based on their long-term projections for the Amsterdam Mall.

(Reply) (Parent) (Thread)

From:	(Anonymous)
Date:	June 25th, 2009 08:54 pm (local)
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Re: The Case against Chalmers

(Link)

"Imaginary assessments"? Wouldn't an imaginary assessment be on something that doesn't exist... like the house a childs imaginary friend lives in? What the mayor provided were estimated assessments. Since she has intimate knowledge of the project, has seen the plans, and knows they're pumping 40 million dollars into it wouldn't she be in a position to make a reasonable estimate? Not that she has to since she's certainly discussed it with the city assessor. But I'm sure it's more fun for you to pretend she pulled them out of thin air.

(Reply) (Parent) (Thread)

From:	</a></strong></a>rgoing
Date:	June 25th, 2009 10:31 pm (local)
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Re: The Case against Chalmers

(Link)

You assume an awful lot of facts not in evidence.

From:	</a></strong></a>puggy
Date:	June 25th, 2009 10:04 am (local)
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(Link)

Judge sir,
As you know I'm not in the third ward. I am also not really the most educated in how politics works. However, when I look out my window from my job at FGI on the 5th floor, and I see a beautiful south side area, one thing really sticks out as an eyesore. The Chalmers Building. I think about how dangerous it is, and how nothing really has been done with it at all other than all the torn blue tarps hanging in the areas where the windows once were. It is a danger and an eyesore to say the least. While it sits like that, year after year, the building condition deteriorates more and more while the politics of it are argued. If the city has the money to raze it, then let it be so. One less dangerous building in this city would be much better than letting it continue to fall apart while folks argue over it. It makes this city look like hell in plain english. (sorry for the plain english)

(Reply) (Thread)

From:	(Anonymous)
Date:	June 25th, 2009 09:08 pm (local)
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Re: The Outside Council

(Link)

Three lawyers looked at this, none have said low income tenants will be required. The Corporation Council and Kaufman said there is no such requirement. The Outside Council said low or moderate tenants MAY be required. Since Kaufman has done this several times before I'd be inclined to trust his judgment.

The whole idea of luxury apartments really seem to baffle some people. They just can't seem to wrap their heads around it.

(Reply) (Parent) (Thread)

From:	(Anonymous)
Date:	June 25th, 2009 11:14 pm (local)
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Re: The Outside Council

(Link)

When the uproar began, pertaining to the "HUD" funding and many residents thinking this kind of funding applied to only low/moderate income people, I recall both the Mayor and Kaufman denying that he was going for that HUD funding. Don't feel like researching right now - or rehashing the different types of Hud funding available - but I'm sure it's been explained and is available, right here on this blog somewhere.

I will take issue with the fact that the outside attorney has found it may indeed be a requirement. That would mean the Mayor and Kaufman, once again, lied - or to be nicer, misled us.

And you are right, many people cannot wrap their head around having luxury apartments in a city, that at this point and time, is nowhere near ready for them. And we certainly do not need anymore 'low income' housing.

Not worth the risk, plain and simple.

(Reply) (Parent) (Thread)

From:	(Anonymous)
Date:	June 26th, 2009 03:37 am (local)
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Re: The Outside Council

(Link)

You can find issue with the term "may require" but it's a direct quote of the report from the newspaper. Since I don't have access to the report myself I can't do much better than that.

I really resent you saying the Mayor and the Corporation Council lied to us. They're both people of good character and I'm not aware of one single lie either of them told. Maybe you can enlighten me? (Please remember that disagreeing with you isn't necessarily lying.)

If they're going to be low income housing why spend tens of millions of dollars to get 160 units? Kaufman would go broke for sure if he's aiming for low income housing and spending that kind of money. You can get low rent units for $10,000 each in this city. Why spend $250,000 on each unit? Think your fears through and you'll see they're silly.

(Reply) (Parent) (Thread)

From:	</a></strong></a>rgoing
Date:	June 25th, 2009 11:16 pm (local)
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Re: The Outside Council

(Link)

Actually there is a specific prohibition in the option agreement that would prevent Kaufman's LLC from applying for funds for low income housing. Like most aspects of the contract, however, it contains loopholes you can drive a truck through. Once title passes, the LLC can transfer title to another LLC or other individuals or corporations. If the project fails to attract luxury apartment dwellers it would not be at all difficult to convert it to something else. Kaufman makes his profit on the depreciation credits. Once he sells it, which is clearly his stated intent, anything can happen.

And listen folks, the proper spelling when referring to an attorney is "counsel."

(Reply) (Parent) (Thread)

From:	(Anonymous)
Date:	July 6th, 2009 02:02 pm (local)
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$50,000

(Link)

If "$50,000 is not a lot of money in the big scheme of things," then why couldn't Mr. Kaufman have just paid it and ended this controversy?

(Reply) (Thread)

From:	(Anonymous)
Date:	July 6th, 2009 09:33 pm (local)
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Re: $50,000

(Link)

He's not contractually obligated to pay until the environmental remediation is finished. That clause was put in there to protect him from paying toward a building that he wouldn't be able to renovate. Why would he pay before the remediation is done? Would you be willing to give him the money back if he wasn't able to renovate the building?

It's like buying a house- would you put the down-payment down before the home inspection if, through none of your own doing, the home inspection was delayed? What would you think of the home-owner who demanded it anyway just to "show good faith". I wouldn't do business with that home-owner.

(Reply) (Parent) (Thread)

From:	</a></strong></a>rgoing
Date:	July 6th, 2009 10:04 pm (local)
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Re: $50,000

(Link)

But you see, he IS contractually obligated to pay the $50,000 if he wishes to continue his option. That is exactly what all the parties agreed to, and what sold the contract to the Common Council. Every lawyer who has reviewed the contract so far that I am aware of agrees with this --- except the city's lawyer, who negotiated it for the city. The city can waive any of those provisions. It appears the majority of the council choose not to for good and valid reasons. If it will settle things, I would not be opposed to giving him his ten dollars back, though we are specifically not required to do so.

From:	(Anonymous)
Date:	July 6th, 2009 10:13 pm (local)
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(Link)

I don't see what is so outrageous about a sixty-four million dollar assessment when they're putting in forty million in development money. Since the assessment is supposed to reflect fair market value, and this is a "for profit" venture, the fair market value would HAVE to be significantly above forty million to justify that kind of investment. The real cost will be more than forty when you consider financing costs, ect. It's several years before he can begin selling the condos. If you're going to tie up forty million dollars for several years you have to be expecting quite a payday at the end. Sixty-four million seems about right.

And the fact that those numbers come from the assessor, who is familiar with the plans, make them all the more solid.

One last thing about the equalization rate. We can't be far from a reval, so I don't think Kaufman will be sweating the equalization rate much. It'll probably be irrelevant by the time the first phase is done.

(Reply) (Thread)

From:	</a></strong></a>rgoing
Date:	July 6th, 2009 10:43 pm (local)
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(Link)

Clearly, you know absolutely nothing about assessments, value, or equalization rates. Nice try, though. Do you really think the finished product will be worth thirteen times Harmony Mills? The figures are so absurd as to cause one to question the sanity of anyone who proposes them.

Value is not based on how much money went into the building. It's what a willing buyer and seller are willing to exchange on an arms length transaction. In this case you would look to the annual rentals as a primary source, not the cost of production. Then you have to figure in the negative effect of the tax rate itself on the value of the property, which would drop to near zero or below if the owner has to fork up $3.8 million a year. It would never, ever happen.

I frankly couldn't stop laughing when we ran these figures.

A city-wide re-val would mean absolutely nothing if the relative values remain. But I haven't got all night to explain that to you, particularly since you are obviously not listening.

(Reply) (Parent) (Thread)

From:	</a></strong></a>rgoing
Date:	July 6th, 2009 10:47 pm (local)
IP Address:

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(Link)

And on what basis do you say that the figures came from the new assessor? I've never heard him quoted at all with respect to this project. If these ARE his figures, the man must be a complete dolt.

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Comments and Colloquoy on Chalmers PART ONE

Tue, 07 Jul 2009 12:04:41 GMT

What follows are collected comments from my various Chalmers posts. The file was too big to post with THE CASE AGAINST CHALMERS.

*******

Some give and take from readers and myself [some editing done for cohesion, removal of extraneous thoughts and scatological references]:

From:	(Anonymous)
Date:	April 28th, 2009 03:58 pm (local)
IP Address:

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Chalmers Mill Project

(Link)

How, then, would the renovation be financed and how much money is Mr. Kaufman committing to the project? How has it worked (or not worked) in his other projects? What is his track record?

(Reply) (Thread)

From:	</a></strong></a>rgoing
Date:	April 28th, 2009 04:13 pm (local)
IP Address:

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Re: Chalmers Mill Project

(Link)

I don't have all the answers, but it would seem that in addition to the environmental cleanup, borne by the city, the Historical tax credits, the guaranteed (by the Federal government) loan, the Empire Zone credits which will not only cover some of his labor expenses but also give him breaks on sales tax and utilities as well as freeze the real property taxes to that of the empty shell it is now for seven years after title passes and avoid full real property taxes on these luxury apartments until about twenty years out, he is also seeking a Restore New York grant of $2.5 million dollars, money which could be spent by the city to tear down many, many, many dilapidated structures. I don't see a whole lot of risk there for Mr. Kaufman's LLC . But you're getting me ahead of my story.

(Reply) (Parent) (Thread)

From:	(Anonymous)
Date:	April 28th, 2009 08:58 pm (local)
IP Address:

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Re: Chalmers Mill Project

(Link)

A simpler answer might be that all his projects thus far have been successful. If this one isn't he'll take quite a hit because, besides all the governmental subsidies, he's borrowing several million dollars in private funds to do the project. But the city will be fine because none of that will change the fact that the building has been renovated and put back on the tax rolls. Someone will own it, people will live in it, and the city will have expanded its tax base significantly.

(Reply) (Parent) (Thread)

From:	</a></strong></a>rgoing
Date:	April 28th, 2009 09:23 pm (local)
IP Address:

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Re: Chalmers Mill Project

(Link)

Well, no, one of the problems is that the project does not increase the city's tax base at ALL for the first seven years after he takes title, and then fairly insignificantly for quite a few years after that. You also overstate his previous "success", but we'll get to that.

(Reply) (Parent) (Thread)

From:	(Anonymous)
Date:	April 29th, 2009 09:22 pm (local)
IP Address:

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Re: Chalmers Mill Project

(Link)

I'd have to disagree, or maybe it's just a matter of semantics. I'd say we expand the tax base the very first day because it goes back on the active tax rolls. Right now we get nothing- the first day he takes it we start to get something.

While the project does enjoy EDZ benefits the first 7 years it pays 25%, 50%, 75% respectively over the next three years. After three years it goes on the rolls at 100%. I don't know that I would call that "fairly insignificant for quite a few years" but I'm not an attorney.

I don't know how the 180 sewer fees, water fees and sanitation fees are handled under the EDZ because they're technically fees, not taxes. But in the long run that doesn't matter all that much. If the project goes through they'll eventually all be rolling in, most likely for the rest of our lives.

If all the city received was the 180 sets of fees the project would be well worth it. Beyond that think about the assessed value of 180 upscale condos. Fiscally it'll be like Amsterdam absorbed a small village of nice upper middle class homes- but with very little additional cost to the city. Perhaps I'm naive but that sound like a good thing to me.

(Reply) (Parent) (Thread)

From:	</a></strong></a>rgoing
Date:	April 29th, 2009 09:50 pm (local)
IP Address:

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Re: Chalmers Mill Project

(Link)

Well, first you have to realize that the current assessment, which will be the tax base for the first seven years, is very, very low. The city has been careful to not over-assess non-paying abandoned structures for a very sound reason: we guarantee the school taxes on the building, the single largest item in our very large tax load.

You are also assuming that the large amounts of non-developer money going into this project would not be used for other, perhaps more productive purposes. You also assume that there are no other profitable uses for the site. Personally, I think it is far more attractive to developers down and cleared than up and burdensome. The proof of that is the twenty years that have gone by with NO ONE expressing more than a passing interest in the building.

What we have is a political trophy, and the cost of the trophy, I fear, far exceeds the value being produced. I have no objection to yuppies moving into a nice project in Amsterdam at this or any other location. I have many objections to this truly awful building remaining and more than a few problems with the way this is being put together.

The argument you make is reasonable, and one of the few that could in any way justify this as a matter of municipal policy. I just don't think it's enough to overcome the negatives and the questionable practices of the parties involved.

(Reply) (Parent) (Thread)

From:	</a></strong></a>rgoing
Date:	April 29th, 2009 09:57 pm (local)
IP Address:

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Re: Chalmers Mill Project

(Link)

Refining a point: If it is true, as Mayor Thane seemed to say at the public meeting, that the rehab costs are being in part financed by a $2.5 million Restore New York Grant, that is money that could have been used to clear decaying properties on the South Side and in neighborhoods all over the city, money that will ultimately need to be found elsewhere, as those eyesores are and will remain a city obligation. So that $2.5 million is essentially coming out of the other city taxpayers. That's an awful lot to be recouped from the ultimate taxes and fees on the Chalmers project.

(Reply) (Parent) (Thread)

From:	(Anonymous)
Date:	May 5th, 2009 02:05 pm (local)
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Demolition...

(Link)

You now, one of your callers, I think it's "Chet", keeps bringing up this point and you have as well on numerous occasions. The process of Demolition. You have spoken of the last administration's process and fight to have this building knocked down. Mr. Chet keeps questioning how this administration can effectively wipe out the process you completed previously.

Care to briefly, legally explain the following?

~ What you & previous administration had to do to get approval and funding for demolition? {Any requirements on the cities part to keep funding, any timetable to knock down building, any misgivings by the state?}

~ Since the demolition was approved by the state, is Mr. Chet right in questioning how this administration completely bypassed it? {Does the state not have an interest if you do or don't follow through with approval - I am assuming you listed the deficiency of said building in defense of knock~down? Is said money for demolition available indefinitely? Will it cover 100% of cost to do so?}

~ Does the ground have to be tested for contaminants in either case? The article in today's paper is confusing, it seems people are contradicting each other. This is truly unbelievable. This "baby" could have been long gone by now - and who exactly is paying for these repeat and now extended services?

I'm no economic major, but this State, which is in it's own financial crisis, is not going to keep throwing money our way, when they eventually see that we do not know how to spend/use it wisely. If you get a grant, you should be thankful and use it how it was intended. When all the grant money disappears and we are left standing with nothing, all those in charge will have only themselves to blame. Where's the logic?

(Reply) (Thread)

From:	</a></strong></a>rgoing
Date:	May 5th, 2009 03:28 pm (local)
IP Address:

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Re: Demolition...

(Link)

Though my part in this project was relatively minor, I was in on a good many discussions about it. Our principal consultant was Dan Schearer of ENSR, environmental engineers. As I've written previously, there was a good deal of back and forth over the years as to whether all or part of the buildings could be saved. Dan was strongly of the opinion that the buildings must come down, and our application for environmental remediation was based on this. Indeed, our application for funding centered on the premise that the buildings MUST be torn down to properly conduct soil testing for contaminants, and so we convinced the state.

Once the funding was approved, the next step called for the preparation of specs and advertising for bids for the demolition. Dan assured us that everything would be in place for the demolition to take place in October of 2007. We had been previously burned by ENSR on the Mohasco demolition which underwent numerous pointless delays because of foot-dragging by the consultants. Mohasco only took off, actually, when Dan arrived on the scene replacing the folks at ENSR responsible for the delays.

For reasons that escape me now (probably more foot-dragging), ENSR was not able to get the bids let in time for the October deadline and winter, but we were assured that come April of 2008 the buildings would come down. We then left office.

The new administration took over and, as noted, came up with a new plan. Dan Scheer all of a sudden leaves ENSR and goes to Saratoga Associates where he is now advocating that the buildings can be saved, just as strongly as he advocated that they must be torn down.

In order to save the buildings, the specs for the environmental cleanup had to be rewritten, and Dan is now advocating that instead of tearing down the buildings, why it is possible to conduct the study by simply drilling through the basement floors.

Part of the Option Contract now calls for the city to do whatever it can (i.e, change our position again) to use the money set aside for the demolition to assist in the development project.

If there is an honest moment in this process, I have yet to see it.

Who is paying for all this? Saratoga Associates have been tapping these grant monies for all they're worth, money which we don't actually have from the state but which we previously bonded for, with the approval of the administration, and if there's anything left to do the real work I'll be really surprised.

From:	(Anonymous)
Date:	May 7th, 2009 10:09 am (local)
IP Address:

Select: <input ... >

Re: Demolition...

(Link)

If this Dan fellow's name is on the original documentation as to reasons why it needed to be knocked down{from one company} - and his name is NOW on any paperwork as to the feasibility of keeping it{from another company} - how can the state not recognize that? Maybe, it is a fact that needs to be pointed out at the state level. Along with the abuse of said grants we are getting.

What does that mean that we don't have the money but we 'bonded' for it? Is this the debt we are paying off{appx. .33 of ever $1.00} with our local taxes? How does SA get paid if we don't have this money yet? Is the city counting on getting reimbursed from the state?

(Reply) (Parent) (Thread)

From:	</a></strong></a>rgoing
Date:	May 12th, 2009 06:48 am (local)
IP Address:

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Re: Demolition...

(Link)

As to the debt, yes, a substantial portion of your real property tax increases this year will be due to repayment of the the bond we took out for demolition of those buildings.

From:	(Anonymous)
Date:	May 14th, 2009 10:10 am (local)

Select: <input ... >

Contortionists...The Circus left town Sunday!

(Link)

I am pleased to know that my lack of 'degree-able' education is well balanced with an overabundance of common sense that does indeed let me play lawyer with this absolute joke that is posted above. Of course we must trust that Mayor Thane has presented the real contract that was indeed signed by Mr. Kaufman - and rather this is it or not really doesn't matter because there are several provisions in said contract that he did not successfully complete. Since the contract clearly states the city can cancel agreement at various monthly intervals, it is dumbfounding that anyone is even still talking about this, him, Chalmers, or any of it. It should have been canceled months ago.

I have never heard, not once, from anyone involved, that there was even a possibility of him not having to pay $50,000 when said date came due. Is this paragraph perhaps newly added? It would explain why alderman do not have copy of the actual signed contract. Are we, as Amsterdam citizens, entitled to see the original contract that was signed and notarized last May?

To the people of this city, please don't join or further support this Circus substituting for city government. At this point, every one needs to be voted out. We can trust no one , they do not speak for the majority of us. And we alone - yet collectively - need to make our displeasure known this November. In the meantime, don't stop questioning them and the absolute fiasco that this contract represents. The Mayor cannot expect failure for this, as she has not one other thing to stand on. Please imagine this Chalmers going through, and five years from now, absolutely nothing happening. The Mayor will be long gone, perhaps even not a city resident anymore. Who do you think will be laughing then?

(Reply) (Thread)

From:	</a></strong></a>rgoing
Date:	May 14th, 2009 01:11 pm (local)
IP Address:

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Re: Contortionists...The Circus left town Sunday!

(Link)

I'm pretty certain that the contract above is, in its terms, the one that was signed. The final draft would have included the exact titles of the Kaufman and Schwartz Family Trusts and a metes and bounds description of the property.

Now remember also, that the manner of remediation is wholly dependent on whether Kaufman takes the property. If he doesn't, it's through demolition. If he does, then it has to be done another way. So, by the interpretation the CC is now giving this contract, the city will be forced to do it the other way, and then there will be no money left for demolition, and then Kaufman can decide whether he wants it or not.

Without paying more than $10.

Brilliant.

(Reply) (Parent) (Thread)

From:	(Anonymous)
Date:	May 15th, 2009 01:38 pm (local)
IP Address:

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Re: Contortionists...The Circus left town Sunday!

(Link)

In regards to the "Remediation" - I read the original plan, as submitted by Daniel M. Shearer and Denise M. Servo called "Urban Rebirth In An Old Mill City - The Amsterdam, New York Brownfields Story" ... how on earth this Dan Shearer is now FOR redevelopment of the Chalmers and conveniently working for Saratoga Associates is just mind boggling!!

Some Key Points below, but I encourage all readers to copy and paste the link at the end to view the comprehensive layout and full text of the presentation they put together{Known as the Master Plan For Amsterdam}. It makes NO SENSE at all that Mr. Shearer is now FOR Chalmers, unless of course, he is on the kick~back list as well. This just gets more and more disgusting. By the way, did we{tax~payers of Amsterdam} previously pay for this layout/leaflet they put together?

* • Via Ponte—Field activities began in 2006. The Via Ponte Project will provide the Southside of Amsterdam with a shops and stores that are not currently accessible via foot in this part of the City. Via Ponte will be connected to the north side of the City via a pedestrian bridge scheduled for construction in 2009.This bridge will connect to walking trails on either side of the Mohawk River. Located on the Chalmers Brownfields Property, this project will require the demolition and remediation of a 3-acre property prior to redevelopment.

*• The City of Amsterdam will have invested nearly $1.5 Million in funding and resources to complete the
environmental remediation of Mohasco Mills and complete the site characterization at Chalmers
• NYSDEC will have provided more than $4 Million for these projects that are in New York’s Environmental
Restoration Program. An additional $1 Million is anticipated in 2008 for remedial activities at Chalmers,
where 90% of the project costs will be assumed by NYSDEC
• The New York State Office of General Services will fund nearly $1.5 Million of the project costs associated with demolition of buildings on the Chalmers Site. This funding was procured by Amsterdam’s grant writer, with assistance from ENSR and Saratoga Associates
Though the project costs associated with remediating the Chalmers and Mohasco sites totals nearly$7 Million through 2007, the City’s portion is only about 20% of the total cost. Without Brownfields funding mechanisms in New York State, these projects may not have occurred and the liability associated with decaying former factories would continue to be assumed the City

Please, please, please go read this for yourselves!!! It is 100 percent clear as day, that we did indeed have a "Master Plan" and we were on our way of getting somewhere, until Thitlerane came into the picture and started her totalitarian run of this city! Also keep in mind that somehow, someway, this Dan Shearer - who wrote and developed what you will read - is now working for SA and now supports this Chalmers project, effectively negating all he wrote!!! Why???!!!

The link, which I believe you will have to copy & paste into your browser:

http://www.eswp.com/PDF/Shearer.pdf

Please view it. If we as a city, are not seeing a clear picture of how badly we are being taken advantage of/used/misled by the Mayor and all the rest - then maybe we are the ones who belong in the circus.

(Reply) (Parent) (Thread)

From:	</a></strong></a>rgoing
Date:	May 15th, 2009 01:51 pm (local)
IP Address:

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Re: Contortionists...The Circus left town Sunday!

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Dan Shearer, when he worked for ENSR, ws 100% for demolition. Now that he works for TSA, he is 100% for restoration.

Buy my murder mystery The Evil Has Landed

and don't forget The Judge Report (THE BOOK) is now available, too!

THE CASE AGAINST CHALMERS

Tue, 07 Jul 2009 12:00:55 GMT

Tonight the Common Council of the City of Amsterdam will be voting on a resolution to declare terminated an Option Agreement with developer Uri Kaufman for the purchase of the old Chalmers Mill on Amsterdam's South Side. As a public service I am re-issuing a series of articles I have written over the last couple of months outlining my support for the termination and for the demolition of the mill. While there may be some editing of the original, time constraints do not allow me to redraft it into the cohesive whole that I would prefer. Still, I think most of the essential points are made, though with some repetition.

The Bridge Street area of Amsterdam's south side, soon to be known as the Via Ponte, has a long and storied history, dating back to the colonial period when Sir William Johnson set up a trading post somewhere thereabouts. With the coming of the Erie Canal in the early 19th century, it became the Village of Port Jackson, a bustling port and rest area on Clinton's Ditch. The canal divided Bridge Street, and a large pond/port existed where the South Side Veterans Park now lies. By the fifth decade of the 19th century the West Shore Railroad divided the village as well, running roughly parallel and south of the canal, with passenger and freight stations.

The rising industrial progress of the Village of Amsterdam necessitated a bridge over the Mohawk River. Bridge Street straddled what was essentially the port for Amsterdam. Three bridges ultimately occupied the same site, and roads led from the nearby New York Central freight and passenger stations on the north side of the river to the bridge. Between the canal and the river lay lumber yards, rooming houses, bars, eateries, service companies, markets and purportedly more than one house of ill repute servicing the rough and tumble canal trade.

The turn of the last century brought progress on many fronts. By then, the villages had been merged to form one City of Amsterdam. The old canal was soon abandoned in favor of the taming of the Mohawk River and much larger barges carried the increased products of trade brought about by the industrial revolution. The old canal and port were filled in, and Bridge Street at last ran unhindered from the new Armory to the corner of Market and Main, over the four tracks of the New York Central. Market and Main became the commercial and professional center of town, with businesses spreading almost limitlessly in all four directions and parallel side streets.

Shortly before the old canal closed, the Chalmers Mill went up in two phases, about a year apart: first the state of the art reinforced concrete structure, and later the attached red brick building bordering Bridge Street. At one time more than seven hundred people were employed there. Its rise corresponded with the influx of immigrants from Italy to the theretofore predominantly German-descent Port Jackson.

No one paid much attention to historical significance in those days. Nearly all traces of the canal disappeared, becoming an unlined and unregulated dumping ground for primarily household coal-ash and construction and demolition debris. Yet, even today you can catch glimpses of what once was if you look carefully. There's an old canal store behind Herk's Tavern. Altieri's Body Shop building borders the old canal basin. Herk's itself sits at an odd angle in relation to the sidewalk and street. The reason? So that canal workers could look out the window and see when their barges were ready to go. Nearly all that's now left of the Bridge Street buildings from that era fits into that general kind of cozy canal town feel.

All except one building.

From the moment it went up, the Chalmers Mill fit incongruously into the neighborhood, at the same time blocking a beautiful view of the Mohawk River. Still, they employed a good many people.

After several ownership changes and incarnations, the building finally fell into complete disuse, and ultimately disrepair, about twenty years ago. The idea of converting it to apartments is not a new one. That has been floating around almost since it closed. A quasi-governmental organization, the Montgomery County Economic Development Corporation, took title with the expectation of turning it into a mixed use property. For years we've been hearing that the brick building could fit in with a revitalized retail district. In its immediate neighborhood, what hadn't burned down fell down. It is surrounded by abandoned or unused properties.

There are known environmental issues, and suspected unknown environmental issues. Four or five years ago the facade of the concrete structure began breaking apart and hundred pound chunks landed on Gilliland Avenue. We closed off that street and instituted a detour which continues to this day. At that point a decision was reached that had been percolating for twenty years to tear the buildings down.

By now, of course, the cost of demolition had gone up substantially. Still, with some creative grant-writing we were able to cover the costs of the demolition and environmental mediation with state and federal grants. My recollection is that the city even bonded for the money in anticipation of reimbursement. The key argument that made it all happen was our assertion that in order to properly test the soil under the buildings, they needed to come down.

Our consultants did more than a little foot dragging, but some of that is understandable as our principal contact was then dying of cancer. After he passed away, plans were underway to take the buildings down one way or another in the Spring of 2008. Once that site was cleared it would be made available for redevelopment. We intended to apply for a $2.5 million Restore New York Grant to further assist in that and to clear the rest of the neighborhood for a comprehensive facelift. Plans were discussed to grind up the concrete and brick on site, and to, rather than pay a hundred dollars a ton to MOSA, recycle the material both on site and as a solid base for future projects, including the pedestrian walkway linking Riverlink Park and Guy Park Manor, future home of the Walter Elwood Museum.

We had entered into informal discussions with various developers who had expressed interest in hotel, convention center and condominium uses for the site, to be built from the ground up, the first new substantial construction on the Via Ponte since, well, the Chalmers Mill, nearly a hundred years ago. None of this would be possible unless Chalmers came down.

In April of 2008, with a new administration in office, the entire project was halted in favor of a ten dollar option to a developer who would consider using the buildings for apartments, a twenty year old plan that had theretofore gone nowhere.

Uri Kaufman came to town a year ago with ten dollars in his pocket, convinced our neophyte mayor to abandon Amsterdam's long-established plans to tear down the old Chalmers factory, left behind the ten dollars in exchange for an option to purchase the building and promptly began looting it.

“My baby” Mayor Thane has called this so far imaginary project in her behind the scenes dealings with the Aldermen who must approve it. She invested nearly all of her political capital in her first months in office to see this thing through and has continued to drain the rest of it since.

Within a month of the Common Council approval of the option agreement, calls began coming in to the Amsterdam Police Department that flatbed trucks were filling up with materials being removed from the building. A reputable local businessman called one of the radio talk shows (this predates the return of Judge and Michael Radio) and said that he knew personally that this was taking place, that one of Kaufman's workers was a friend of his, that they had had lunch together and the worker forthrightly told him that this was Kaufman's plan: to pay the out of pocket expenses of the project with the salvageable building materials. The fact that he had no title whatsoever to the building or its contents, it seems, was irrelevant.

Little was said by Mayor Thane on the subject at the time, though members of her party promptly pooh-poohed the notion that anything had been going on. Indeed, word went out that the Mayor and police had investigated and everything was on the up and up. So far as I am aware, that was all the public was told until an anonymous commenter on this blog claimed, a short while ago, that I had the story wrong and that in fact Mayor Thane had advised Kaufman and associates that since they did not own the building, they must cease and desist from removing materials.

One wonders if that version of the story would have surfaced at all had not local gadfly Diane Hatzenbuhler obtained, pursuant to the state's Freedom of Information Law, copies of all correspondence, including emails, which completely establish the truth of the original allegations. Kaufman's agent admitted to taking the materials to offset the cost of the operation.

Anonymous commenter wondered if I would be willing to forgo this whole glorious project simply because of what he/she considers a minor incident of theft?

My answer is yes. As far as I am concerned, Mr. Kaufman has established by this early incident how much we can rely on his “good faith”. That is enough for me.

No arrests were made, though we have in the past arrested citizens for felonies for removing copper from homes they had formerly owned and lost in foreclosure.

But the Chalmers redevelopment is Mayor Thane's baby. Rather than do the right thing, she let it go and hoped to get away with it.

********

A year ago, around the same time that the old Chalmers Mill had been slated for demolition by the previous administration, Uri Kaufman, for ten dollars, entered into an Option Agreement with the City of Amsterdam whereby he would be given one year to put together a plan to convert the old mill into loft apartments.

At a recent public information meeting at the Lynch Middle School, Mr. Kaufman asserted that the various contingencies and milestones set forth in that agreement had been met, and Mayor Thane reiterated the same. Those assertions are incorrect in a number of areas.

For example: "Within five months of the signing of this agreement, AT shall have made presentations to the Waterfront Commission and Planning Board for necessary approvals, and, if necessary, applied to the Zoning Board of Appeals for any variances which may be required." Not a single one of those required events took place,all of which would have been relatively easy to schedule if the developer had a serious plan.

"Within 6 month [sic] of signing this agreement, AT shall present evidence of strong interest in the project by construction and permanent lenders." Mr. Kaufman produced what seems to me to be a very wishy-washy and non-committal letter of interest from a lender looking for 100% guarantees from the federal government.

If those milestones are not met, and they surely haven't been, the City has the right to rescind the agreement on fifteen days notice, presumably by resolution of the Common Council.

AT (Albany Tech LLC) is also required to produce architectural drawings, conduct an appraisal, an engineering study, a marketing study and other work.

Therein lies some of the problem. Mr. Kaufman could not find the Marketing Study when he was at the public meeting, and mumbled that it was essentially the same as what's found in the appraisal, which he did have (which, by the way, shows the building and land as is to have a substantially higher value than he proposes to pay for it). We now know why he was reluctant to release the Marketing Study, which the Recorder was able to obtain and analyze in a nice piece of investigative journalism last week.

The Marketing Study contradicts just about everything Kaufman has said in public. It suggested that the market would bear rentals substantially less than Kaufman has budgeted (a reduction by nearly half) and contrary to his proclamation, "If we build it, they will come," which brought gasps and delighted applause from the Thaneites, the Marketing Study says don't count on drawing anybody from the Capital District to these apartments. It suggested that if this project is undertaken at all, it should only be a little bit at a time.

All of which makes the whole thing look pretty risky from everyone's standpoint.

*******
[May 6, 2009]

At last night's Common Council Meeting, two resolutions were presented by Alderman Leggiero. The first put the City of Amsterdam on record as opposing historical designation for the Chalmers Mill. That passed, 4-1. The second resolution essentially called for pulling the plug on the Uri Kaufman Option to Purchase the building. That went down, 2-3. Oddly, Alderman Dan Roth, who two weeks ago was leading the charge against the Chalmers redevelopment project, voted NO, though he did hold open the possibility of changing his mind at a meeting to be held May 13. Perhaps that day was chosen because it will be known at that time whether Kaufman is planning on plunking down $50,000 (to add to the ten dollars he has already graciously given us) to extend the option another year. If he fails to come through, the option terminates anyway. Alderwoman Kim Brumley of The Garage voted with Mayor Thane.

From the Recorder:

Brumley, who opposed both measures, noted she voted for the one-week delay so a legal opinion could be secured.

She was the sole opponent of the former measure as well, noting she wasn't convinced the designation of the building on State and National Historic Registers would hinder the demolition of the former mill any more than currently.

Bolstering her argument, she presented a signed letter of resolution from the prior administration - signed by former Mayor Joseph Emanuele, and officials from the state Economic Development Corporation, the state Office of Parks and Historic Restoration and others - agreeing to meet certain requirements related to the documentation of the buildings' historic features, before they could be demolished.

Included in those provisions were the taking of black and white format photos of the interior of the building, for example.

Apples and oranges. The state previously found the building had some historic character, but could be torn down as long as we made a proper record of it, which we proceeded to do in an effort to hasten the demolition. However, putting the building on the Historic Register would present a whole new host of problems, of which I'm quite certain Thane and Brumley are aware. That they would both wave the Emanuele document as some sort of proof in their favor shows me that they will engage in any kind of deception to get Mayor Thane's "Baby" passed.

To add insult to the city's injury, it seems Mr. Kaufman then took copies of the numerous photographs, which the city was required to take to tear down the building (at no small expense, I'm sure), and used them in his third-party application for historical designation status.

Wonder what he paid for those.

*****

May 12 has come and passed and Uri Kaufman has not tendered $50,000 to the City of Amsterdam in order to extend his ten dollar option to purchase the old Chalmers Mill for another year. But that's ok. Both Kaufman and "The City" (meaning Mayor Thane and her corporation counsel) have decided that he doesn't really have to tender the money after all, that what they've been telling us for months about it just simply isn't true, and that this tightly drawn, carefully negotiated contract really means the opposite of what everybody thought it meant when they signed it.

Welcome to the Thane/DeCusatis world.

I have placed the entire contract below the cut (or at least draft 6, the unsigned one that was provided to the aldermen) so you can have fun playing lawyer with it. The part about extending the option for one year on the payment of $50,000 is found in paragraph "1."

Paragraph "5." reads:

The Parties understand that the Option may not be exercisable within 12 months of signing of the Option, due to the fact that the environmental remediation may not be complete at such time. If such event occurs, the City of Amsterdam agrees to extend the Option until remediation activities are completed and final approvals are issued by DEC, as long as the milestones have been met.

To me, it is clear from the overall context that this refers to the exercise of the Option, not to the $50,000 specifically required for the second year.

And yet, our Common Council blissfully sits there, ignoring the fact that significant milestones have not been met, giving the Mayor absolute authority to decide the issue, turning blind eyes to the theft of salvageable materials by the Option Holder's agents, allowing the Corporation Counsel to continually rule against the city's interest in interpreting this contract which he is so proud of negotiating, and completely abrogating their sworn oaths.

What follows is the contract.

OPTION AGREEMENT

This Agreement executed this __ day of ________, 2008, by and
between Albany Tech LLC ("AT"), a limited liability company with shareholders
as listed in the attached schedule A, with an address at 135 Fulton Street,
Lawrence, NY 11559 and the City of Amsterdam (the "City"), an incorporated City
with an address at City Hall, 61 Church Street, Amsterdam, NY 12010.

WHEREAS, the City currently holds title to the Chalmers Mills, located at
21-41 Bridge Street and 32 Gilliland Avenue, Amsterdam, New York (the "Mills"),
by deed from Montgomery County Economic Development Corporation, dated
August 24, 2006; as further described in Schedule B; and

WHEREAS, the City has secured a Restore New York grant (the "Grant)
in the amount of approximately $1.4 million to undertake environmental
remediation and demolish the Mills; and

WHEREAS, the City must use the Grant within a period of time
established by the State of New York, which is not defined, or it risks losing the
Grant; and

WHEREAS, the City has also secured a DEC Environmental Restoration
Grant (the "DEC/ERP") in the amount of approximately $1.925 million to
undertake environmental remediation of the Mills; and

WHEREAS, the City would like to find a developer to develop the Mills;

and

WHEREAS, AT has the necessary skills to develop the Mills as a mixed
use development a portion of which shall be a luxury, multiple-dwelling, loft
building, (the "Project")   this being a development consistent with the
development goals of the City; and the Empire State Development Corporation

and

WHEREAS, the City would like to sell the Mills to AT and AT would like to
purchase them.

NOW THEREFORE, in return for ten dollars ($10.00) and other good and
valuable consideration, the City hereby grants an option to purchase the Mills to
AT and the parties hereby agree as follows:

1.   The City hereby grants to AT and AT hereby accepts an exclusive option
(the "Option") to purchase the Mills for One Hundred sand Thirty Eight
Thousand Dollars ($138,000.00) (hereinafter the "Purchase Price"). The
Option hereby granted shall run for a period of one (1) year starting from
the execution date of this Agreement. The Option period can be extended
by AT for one additional year by the payment by AT to the City of Fifty
Thousand Dollars ($50,000.00); if AT extends the option period in this
manner the exercise price of the Option will be reduced by Fifty Thousand
Dollars ($50,000.00) to Eighty Eight Thousand Dollars ($88,000.00).
Notwithstanding any other language in the Agreement, AT's requirement
to exercise the option shall be lotted for as long as the City cannot deliver
marketable title to the Mills. Additionally, if AT does not exercise its option
for any reason, then the City grants to AT a right of first refusal with
respect to the Mills for a period of three (3) years from the date of this
agreement. This right of first refusal means that AT shall be given the

opportunity to purchase the Mills provided AT agrees to pay me same
consideration and develop the Mills in a similar or better manner than the
other prospective purchaser. This right must be exercised within 30 days
of notice to AT of a signed purchase agreement between the City and a
third party.

2.   AT shall have the right to exercise the option to purchase the Mills only
after the following conditions have been met:

a. The environmental remediation process has been completed and
the New York State Department of Environmental Conservation
(DEC) has issued final clearances and a Release of Environmental
Liability; and,

b. AT has received a Firm Commitment from the U.S. Department of
Housing and Urban Development under the 221(d)(4) mortgage
insurance program or in the alternative AT has received a firm
financing commitment from a source or sources with adequate
capacity to fund the project to develop the Mills as upscale
apartments with a small amount of commercial space, and,
c.   AT has construction and permanent financing commitments in
place to undertake ttie Project.
d.   AT has completed all of the milestones listed in the subsequent
paragraph and sub paragraphs.

3.   During the one year option period, AT agrees to use a reasonable good
faith effort to develop the Mills as a mixed use development a portion of

which shall be a luxury, multiple-dwelling, loft residence. Said effort shall
include, hiring an architect who will create architectural drawings,
conducting an appraisal, an engineering study, a marketing study and
other work consistent with such a development. In order to keep ttie
Option in force, AT shall meet the following milestones.
a.   Within 3 months of signing this agreement, AT shall have
completed an appraisal, a survey, and a market study. Copies of
these documents shall be provided to the City when completed and
upon any subsequent revision.

b. Within 4 months of signing this agreement, AT shall present
preliminary architectural drawings for the Project. Copies of these
documents shall be provided to the City when completed and upon
any subsequent revision.

c.   Within 5 months of signing this agreement, AT shall have made
presentations to the Wateritont Commission and Planning Board
for necessary approvals, and if necessary, applied to the Zoning
Board of Appeals for any variances which may be required.
d. Within 6 month of signing this agreement, AT shall present
evidence of strong interest in the project by construction and
permanent lenders.

e. Within 12 months of signing this agreement, AT shall have
completed all documentation required for a complete submission to
HUD under the 221(d)(4) mortgage insurance program and

provided the City of satisfactory evidence thereof, including a copy
of the complete application and all attachments and copies of all
communications to and from HUD regarding the project.

4.   If the preceding milestones are not substantially met by AT the City has
the right to cancel this option agreement upon 15 days notice to AT and
AT shall not have any right to recover any funds expended or invested in
the project from the City, except that AT shall have right to extend the
option, as provided in paragraph 1, as long as AT has substantially
complied with the milestones of paragraph 3 and as long as any non-
compliance is not due to delay by AT. Such notice shall be provide to AT
by overnight mail and as specified in paragraph 6 below. The City
reserves the right to extend the milestone time limits in its sole discretion,
such extensions shall be in writing.

5. The Parties understand that the Option may not be exercisable within 12
months of signing of the Option, due to the fact that the environmental
remediation may not be complete at such time. If such event occurs, the
City of Amsterdam agrees to extend the Option until remediation activities
are completed and final approvals are issued by DEC, as long as the
milestones above have been met.

6.   All Notices shall be served on AT by sending a certified letter return
receipt requested to: "Uri Kaufman, 135 Fulton Street, Lawrence, NY
11559" with a copy to: "Management Office, 220-46 73rd Avenue, Bayside,
NY 11364. Notice shall be served on the City by sending a certified letter
return receipt requested to: "Mayor Thane, City Hall, 61 Church Street,
Amsterdam, NY 12010."

7. AT agrees to give the City monthly reports documenting its progress in the
development.

8.   If AT is unable, in its discretion, to perform it obligations under this Option,
or realizes that the Project is infeasible, AT will promptly notify the City,
and arrangements will be made to terminate the Option.

9. The parties agree that AT is acting as an independent party and that ft is
not acting as a consultant to the City or as an agent of the City.
Accordingly, the City shall have no obligation to reimburse AT for any of its
development expenses whether or not the development succeeds.

10. The City agrees to use its best efforts to have any portion of the Grant not
utilized for environmental remediation recast in a manner that permits it to
be used by AT or the City to develop the site.

11. The Parties understand and agree that the environmental remediation will
be completed while the property is under City ownership, and that transfer
of title will not occur until environmental remediation at the site has been
completed.

12. AT shall indemnify and hold harmless the City of Amsterdam from any
costs, expenses, or liabilities that the AT or its representatives, associates,
professional advisors, contractors or other affiliated parties may incur in
attempting to undertake the Project, and AT will supply a "certificate of
insurance" covering AT's employees, contactors, consultants etc. who are
in the building while it is under the control of the City,

13. The City of Amsterdam, in granting this Option, hereby grants AT and its
representatives, associates, professional advisors, contractors or other
affiliated parties permission to enter the Mills to undertake surveys,
studies, measurements, testing or other activities necessary to facilitate
the Project Such permission, however, is contingent upon AT making
advance arrangements with the City to gain access to the site and
approval of all construction, demolition or other changes to the site. The
Parties acknowledge that the Mills is undergoing environmental
remediation. and that access to certain locations within the Mills may be
restricted from time to time. The Parties further acknowledge that unsafe
conditions may exist at the site. In being granted access to the site, AT
agrees to indemnify and hold harmless the City of Amsterdam and the
New York State Department of Environmental Conservation from any
injury or liabilities which AT, its representatives, associates, professional
advisors, contractors or other affiliated parties may incur as a result of any
activities on the site of the Mills.

14. This Option is granted to AT and to no other party. This Option is valid
only if the shareholders remain in place as listed in Schedule A. Any
change in ownership of AT, without written permission of the City of
Amsterdam, shall at the discretion of the City render this Option null and
void. This Option is not assignable without permission of the City. The
City of Amsterdam recognizes that at some point, additional snarenoiaers
or investors may be admitted to AT, or that AT may form an investment
partnership. The City of Amsterdam shall not unreasonably withhold
permission for such additional shareholders or partners to be admitted to
AT or partnership formed by AT.

15. The City will provide AT with a warranty deed to the Milts upon exercise of
this Option.

16. In the event that AT exercises the option and takes title prior to the
construction financing closing, then the parties hereby agree to execute a
side letter agreement (the "Side Agreement). The Side Agreement shaH
state that the City of Amsterdam may demand that title be conveyed back
to the City in the event that AT is developing the Mills as affordable or low
income housing. The Side Agreement shall include a deed to be held in
escrow conveying the Mills from AT back to the City Amsterdam, which
deed shall be released from escrow if AT submits plans to develop the
Mills as affordable or low income housing. The Side Agreement shall not
be recorded and shall include a provision stating that it is void ab initio at
the moment that AT executes a construction loan to develop the Mills.

17. It is the intent of the parties that this agreement and any extension thereof
be recorded in the office of the Montgomery County Clerk.

18. This is the entire agreement between the parties. There have been no
other representations or agreements except those contained herein. This
agreement may only be changed by another written agreement executed
"by both parties.

IN WITNESS HEREOF, the parties hereby sign this Agreement.
Albany Tech LLC

By:__________

THE CITY OF AMSTERDAM

By:__________

Ann M. Thane - Mayor

[Revision 6-2008]

********

Recall that the agreement called for an up-front payment of exactly ten dollars and for the payment of an additional $50,000 to extend the option for a second year. The year has passed and the payment has not been tendered. Kaufman says he doesn't have to pay it.

I say he does.

Outside counsel hired by the city says he does.

(Even a young protege of mind attending Notre Dame Law School says he does).

The contract, badly, badly written from the point of view of protecting the city's interests (for which the Thane administration should be held strongly accountable), still provides for a series of benchmarks which must be met by the developer in order to keep the option agreement afloat. The clearest and most obvious violation of those benchmarks is that Kaufman was supposed to have gone before the Zoning Board of Appeals, Planning Commission and Waterfront Commission by LAST FALL to present his plans for their approval. That has not been done even to this day.

In fact, what has been done is virtually nothing. Mr. Kaufman has a long-standing history of scooping up options on the cheap and then letting the options sit, while concentrating his efforts on those projects where his feet are put to the fire, something he can never expect from Ann Thane, who seems to have adopted this thing as the hallmark of her administration.

Mr. Kaufman's agents have admitted that their plan all along was to use money obtained from the selling of building salvage to pay their option expenses. They then proceeded to loot the building, which they do not own, until caught. This took place within the first month of the option.

That should have been the last month of the option.

Mayor Thane on her blog repeats her mantra of all the tax revenue the city would gain by this project. The figures are almost completely imaginary, and she certainly should know that. Even if the entire project were to happen (and Kaufman's studies show that he would only commit, if at all, to the development of the red brick portion of the building while the concrete monstrosity attached to it continued fallow), it would be TWENTY YEARS before the city received the funds Mayor Thane touts, and ten years before we saw any of it (other than water and sewer revenues).

The City has the grant money in place to begin demolition immediately. There should be no further delay.

*******

The Gazette ran an editorial on July 4 , titled "Chalmers Mill demo would be dumb move in Amsterdam."

The editorial is based entirely on false or unsupported premises.

The aldermen, three Republicans and a Democrat, say that Kaufman hasn’t met various requirements from an option agreement signed in May 2008. That may be true, technically speaking, but legally may be another matter. For instance, the city’s corporation counsel says that Kaufman didn’t have to meet one of the requirements cited by the aldermen in their resolution to end the contract - to pay the city $50,000 to extend the one-year contract for another year - because the state’s environmental cleanup of the site had not been completed.

In any case, $50,000 is not a lot of money in the big scheme of things — the project would bring in more than a million a year in taxes and fees once completed, says Mayor Ann Thane. And the other requirements, like engineering studies and architectural plans, would likely have been met if Kaufman hadn’t run into financing problems because of the credit crunch.

First, there is no difference between the "technical" and "legal" requirements. That the city's attorney has chosen to take the side of the developer against the city doesn't replace the facts. Both outside counsel hired by the Common Council and the city's previous corporation counsel (me) are in agreement that Mr. DeCusatis's legal opinions in this matter are without merit. Kaufman has failed to perform even the easiest of the tasks he promised by specific deadlines, including failing to make application before the Zoning Board, Planning Commission and Waterfront Commission. In fact, he has no specific plans for the building. His own marketing study says the site can not support the rents he proposes to charge. And even that presumes he should only begin by developing the red brick building, leaving the crumbling concrete structure to . . . continue to crumble.

The editorial quotes Mayor Thane's estimate of annual tax flow at their incredible peril. First, there will be no taxation at all until title passes. As the City Attorney has done nothing to clear title to the parcel, though I left behind on his desk a plan to do so that would have taken three months (eighteen months ago), it would likely be a couple of years if everything fell into place immediately before the first tax bill might go out. That bill, and the bills for the next SEVEN YEARS would be based not on the property's developed value, but on its existing assessment as a derilict hulk.

Then in, oh, maybe ten years from now, if everything goes absolutely perfectly, they would begin paying 10% of the annual real property taxes, then gradually phasing that in until about twenty years from now they would pay full taxation of whatever the assessment is then, which would be based entirely on whether the "luxury apartments" are still viable.

But let's use a little basic math to figure out how Mayor Thane arrives at her $890,000 figure. I'm rounding this out, as I'm sure she did. Applying the City of Amsterdam's current tax rate, in order to raise $890,000 the assessed value of the Chalmers Mill would have to be . . .SIXTY FOUR MILLION DOLLARS.

But wait, there's more. Since the city is not currently at full value, we need to apply the equalization rate to arrive at a full value assessment of ONE HUNDRED TWO MILLION DOLLARS!

Add school and county taxes to that figure and the Kaufman enterprise would be facing a tax bill of $3.8 million dollars. Does he impress you as the type of guy who would allow an assessment like that to go unchallenged?

As a comparison, let's take a look at Kaufman's vaunted Harmony Mills project in Cohoes (and ignore all the other undeveloped projects he has left hanging all over the state). Harmony Mills has an assessed value of five million dollars and full value of eight million. A mere NINETY FOUR MILLION DOLLARS less than Mayor Thane's estimate for Chalmers.

Oh, and how much is his actual tax bill?

Zero.

That's right, title is held by one of their tax-exempt development agencies. Recall that Mayor Thane has a similar plan for the Via Ponte project, of which Chalmers could be a part.

So the working-class taxpayers of Cohoes are subsidizing luxury apartments and getting good feeling in return.

The Mayor of Cohoes is as enthusiastic about Uri Kaufman as Mayor Thane.

Of course, he received a one thousand dollar campaign contribution from the idealistic Mr. Kaufman.

One more thing.

If we accept Mayor Thane's figures on future tax revenues for the Chalmer's project of $890,000 per year for the city, based on current tax rates, and extrapolate those figures to include County and School taxes, the annual real property tax burden on the owner would be approximately $3.8 million dollars.

Based on the 180 units of various sizes (which would be the maximum number under the sketchy proposals thus far submitted), that amounts to an annual tax burden in excess of TWENTY ONE THOUSAND DOLLARS PER UNIT.

The MAXIMUM rental proposed for the largest unit (and contrary to what the Market Study says the market will bear) is $1,800 per month. Multiply that by twelve months and you come to . . .
TWENTY-ONE THOUSAND SIX HUNDRED DOLLARS.

Balance this all out with the fact that the majority of the units would bring in less than the maximum and the one and only conclusion to be drawn is that THE ANNUAL TAXES EXCEED THE PROPERTY INCOME!

Never mind the expenses of operation, debt repayment, depreciation and repair and political contributions.

Do the math.

Mayor Thane clearly has absolutely no idea what she's talking about, and we are making major, multi-million dollar decisions based on her complete fantasies.

[UPDATE] I've gotten several complaints from people who, recognizing the absurdity of these figures, maintain that I am mis-stating the Mayor's figures, that the $890,000 was meant to include City-County-School combined taxes.

Sorry, but I am relying here on Mayor Thane's own words. She was specifically asked on the Sam and Mike show last week whether the $890,000 figure was just the city's share or the the combined total. She responded quite clearly that it was her understanding that it represented only the city's share.

And if she's wrong, isn't it important for we, as citizens, to know that our mayor is selling this project to us on the basis of figures that are, even if fully realized, less than 25% of what she's been telling us and by her own words believes?

My sources in City Hall tell me the Mayor is scrambling to come out with revised figures (and, no doubt, a revised mantra, to use her term). Let me save her the trouble (5th graders and advanced 4th graders follow along):

Annual taxes, twenty years from now, $890,000

Number of apartments, 180.

Average annual rental per apartment based on average of $1400/month, $16,800.

Annual tax divided by number of apartments= $4,9444.44.

But remember, I was being kind and using the estimated rentals Kaufman used to sell the project, and not the figures that his marketing study showed, which, as I recall, projected monthly average rentals of $750, making the annual income per unit of only $9,000.

The Mayor also estimates annual water and sewer fees of $102,000 ( I guess they're collecting their own garbage), for an additional per unit cost of $566.67, which added to the average real property tax per unit of $4,944.44 brings a total per unit annual tax of $5,511.10. Divide that by the total annual income per unit of $9,000 and you have an annual tax and fee payment of 61.23% of income! That's better than the greater than 100% of my initial calculations giving everyone the benefit of a perfect project, but still ridiculous.

And if, by chance, Kaufman gets his pie-in-the-sky rentals, and there are no vacancies, you are still dealing with $5511.10 divided by $16,800= 32.8%.

Again, figures so absurd that they could not be sustained. Obviously, the assessment would have to be far, far lower than the Mayor's estimate for the project to be economically viable at the point in the far distant future when they actually start to pay taxes. Obviously, if you are paying even 32.8% of your income from the property in real property taxes BEFORE figuring in mortgage amortization, upkeep, vacancy rates, depreciation, insurance, office overhead, etc., IT DOESN'T WORK.

I stand by what I have said. Anyway you look at this, it is plainly obvious that Mayor Thane has absolutely no idea what she's talking about.

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NYCOM

Mon, 06 Jul 2009 19:29:31 GMT

Mayor Thane writes on her blog a few days ago:

For the first few days of this week, I attended the NYCOM (New York State Conference of Mayors) Annual Meeting in Saratoga. Three-hundred-fifty experienced and brilliant mayors from north, south, east and west attended. We were treated to various workshops and forums about finance, operations, legislative action, ethics, and economic development. It was enlightening and inspiring. I came away with this:

1. integrity and faith above all else;
2. do the right thing (not the political thing);
3. don’t let people get you down; and
4. our reputation in this State is in dire need of protecting.

*************

I attended several of these events myself in recent years. I came away with this:

1. How to properly conduct a meeting of your municipal legislature;
2. Requirements of the Open Meetings Law and Freedom of Information Law;
3. Powers and duties of Zoning Board of Appeals and Planning Commissions and recent developments in Land Use law;
4. Requirements for adoption of Local Laws;
5. Helpful hints on employee relations and disciplinary proceedings;
6. How to protect your city against sexual harassment and discrimination proceedings;
7. Method and process of dissolving a municipal unit;
8. Proper and improper uses of fund balance and how to set up accounts for the use of same.

And a few other things. I guess they must have dumbed down the curriculum since then.

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Dumb Editorial

Sun, 05 Jul 2009 18:34:25 GMT

No, not the one in today's Recorder. That one is spot on.

I'm speaking of the one in the Saturday Gazette, titled "Chalmers Mill demo would be dumb move in Amsterdam."

The editorial is based entirely on false or unsupported premises.

The aldermen, three Republicans and a Democrat, say that Kaufman hasn’t met various requirements from an option agreement signed in May 2008. That may be true, technically speaking, but legally may be another matter. For instance, the city’s corporation counsel says that Kaufman didn’t have to meet one of the requirements cited by the aldermen in their resolution to end the contract - to pay the city $50,000 to extend the one-year contract for another year - because the state’s environmental cleanup of the site had not been completed.

In any case, $50,000 is not a lot of money in the big scheme of things — the project would bring in more than a million a year in taxes and fees once completed, says Mayor Ann Thane. And the other requirements, like engineering studies and architectural plans, would likely have been met if Kaufman hadn’t run into financing problems because of the credit crunch.

Judge and Michael Radio -- The Last Show

Sat, 04 Jul 2009 15:02:41 GMT

Many thanks to my dear friend Marie Gavry for chronicling the last show.

Sarah

Sat, 04 Jul 2009 12:19:25 GMT

"I don't mind the press examining me under a microscope," said Richard Nixon. "I do object, however, when they use a proctoscope."

Unless you've been in that position you can not begin to appreciate what Sarah Palin and her family have been going through in the last year. From late yesterday and into today, pundits and polticos who 24 hours earlier had never given the possibility a thought have been burying us with the true meaning of her resignation.

How about this? It's her life and her family and they want to live it their way.

She doesn't need to justify her position to me, or you, or Katie or David or the news folks who have inundated us with non-stop Michael Jackson.

God bless her and her family. May they have a semblance of peace.

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Rays of Ravishing Light and Glory

Sat, 04 Jul 2009 02:25:33 GMT

John Adams to his wife Abigail, written from Philadelphia, Pennsylvania where he was attending the Continental Congress.

July 3, 1776.

Yesterday the greatest Question was decided, which ever was debated in America, and a greater perhaps, never was or will be decided among Men. A Resolution was passed without one dissenting Colony "that these united Colonies, are, and of right ought to be free and independent States, and as such, they have, and of Right ought to have full Power to make War, conclude Peace, establish Commerce, and to do all the other Acts and Things, which other States may rightfully do." You will see in a few days a Declaration setting forth the Causes which have impell'd Us to this mighty Revolution, and the Reasons which will justify it in the Sight of God and Man. A Plan of Confederation will be taken up in a few days. . . .

The Second Day of July 1776, will be the most memorable Epocha, in the History of America.- I am apt to believe that it will be celebrated, by succeeding Generations, as the great anniversary Festival. It ought to be commemorated, as the Day of Deliverance by Solemn Acts of Devotion to God Almighty. It ought to be solemnized with Pomp and Parade, with Shews, Games, Sports, Guns, Bells, Bonfire and Illuminations from one End of this Continent to the other from this Time forward forever more.

You will think me transported with Enthusiasm but I am not. - I am well aware of the Toil and Blood and Treasure, that it will cost Us to maintain this Declaration, and support and defend these States. - Yet through all the Gloom I can see the Rays of ravishing Light and Glory. I can see that the End is more than worth all the Means. And that Posterity will tryumph in that Days Transaction, even altho We should rue it, which I trust in God We shall not.

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Madness

Fri, 03 Jul 2009 02:36:53 GMT

Has City Corporation Counsel Gerard DeCusatis, my friend and relative by marriage, gone completely bonkers? He has chosen the anniversary of the day the Continental Congress voted for independence from England (July 2, 1776) to declare that the chief executive officer of the City of Amsterdam can completely ignore resolutions of the Common Council. Specifically he claims with respect to the upcoming resolution declaring void the city's contract with Uri Kaufman ,

the Mayor has the authority to administer the provisions of the option contract on behalf of the City and any resolution passed by the Common Council attempting to exercise administrative control, repudiate or cancel the option is not effective.

Wow! Citing absolutely no statutes or case law in support of his position, he simply declares that

The Common Counsel does not have the authority to cancel or repudiate a contract or otherwise direct the execution of the provisions of a contract.

The Recorder has linked to the Opinion here.

So the Uri Kaufman contract, which specifically gives the city the right to terminate the contract, can only be terminated if the Executive so deigns, according to her First Minister.

Folks, we fought a war over this issue. That is why our executives are not kings and queens or dukes or duchesses. Perhaps our ruler and her First Minister missed some of their basic civics classes.

In the United States of America, all domestic policy is made by our legislatures, representing the people of our governmental subdivisions. The executive's function, at all levels of government, is to implement the policy of the legislature. There, is that so hard? No one should have graduated from eighth grade without learning that.

No contract can be made under the City of Amsterdam's charter without the approval of the Common Council. Since ALL policy is made by the Council, the Council has full authority to alter, change, terminate or even abrogate a contract if they so desire and it is the DUTY of the Chief Executive to implement that policy.

More:

The Charter does not enumerate all of the executive powers and duties, to determine the scope of executive authority it is helpful to look to federal and state government to determine what is customarily an executive area of authority. The authority to contract is an executive authority on the state and federal level subject to a few exceptions that require legislative approval. The City Charter by its general grant of executive authority to the Mayor grants authority over contracts to the Mayor.

Total hogwash. (I used a stronger term when I first read this, but I've calmed down a little since).

Where to start? The premises are pure baloney. The authority to contract is NOT an executive function anywhere unless granted by the legislative body. The Charter most certainly does enumerate all the executive functions. If they aren't there, the executive doesn't have them (unless otherwise specifically granted by the Laws of New York State, of which we are a subdivision).

This would all be comical were it not for the serious implications of a series of steps taken this year by the mayor and her First Minister. Recall the mayor's Executive Order Number One which declared that all city employees must, under penalty of discipline, follow the directives of the Corporation Counsel and further prohibited them from seeking opinions and guidance from outside sources, including state agencies who oversee their functions and govern their professional licenses.

Not much later DeCusatis declared unilaterally that a Local Law adopted several years ago by the Common Council, approved by the mayor, certified by the City Clerk, filed with and approved by the Secretary of State and printed and bound in the City Code was null and void. He has voiced, though not declared, similar fiats with respect to a Local Law terminating health insurance benefits for the Common Council and a Local Law adopted overwhelmingly by the voters of the City limiting tax and fee increases to three per cent per year.

We do not elect kings, dictators or tyrants in this country. Frankly, no one elected Mr. DeCusatis at all. But he has, with the broad approval of Mayor Thane, set this city down an extremely dangerous path where the rule of law is tossed aside and government by decree becomes the norm.

Reasonable minds can differ about the Kaufman project, as the healthy debate on this and other blogs and other media demonstrates.

But by God this is America and I will give my last drop of blood to see that my elected legislators, boneheads though they may be, continue to exercise the rights, the powers and the duties that we have granted them on our behalf. If the Common Council bows to this dictatorial pressure they should all resign. This is disgraceful.

Show us you have the guts to stand together and do the right thing, because it is the right thing. If Mayor Thane then ignores the directives you have given her, then your recourse is to petition the Governor for her removal from office for violation of her oath to obey the charter, laws, ordinances and resolutions of the City of Amsterdam.

You also control the purse strings and have the absolute right to prevent the expenditure of a dime of funds under the city's control which do not meet with your approval.

This is no time to be summer soldiers and sunshine patriots.

********
[UPDATE] Thanks to a great American for reminding me of this:

Let the Fourth of July always be a reminder that here in this land, for the first time, it was decided that man is born with certain God-given rights; that government is only a convenience created and managed by the people, with no powers of its own except those voluntarily granted to it by the people. We sometimes forget that great truth, and we never should.
-Ronald Reagan July 4, 1981

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RIP Robby Phelps

Thu, 02 Jul 2009 19:51:53 GMT

I held back on this, because it hadn't been public knowledge before today. Shortly before leaving for my birthday dinner in Albany on Tuesday I learned that Robby Phelps had died in Arizona. It is still beyond my comprehension. He was the picture of health, athletic, trim, handsome as all get out. When he'd come home I would run into him and he would invariably shake my hand and say, "Hi, Mr. Going," as though I was some old guy when he was in fact the same age as my youngest brother.

I've been close to the family for a long time. Robby's father Pete used to run the Time Out Lunch on Park Street (or the haunted house coffee shop as we sometimes called it) and many a morning and noon-time I spent there. It was like that place in "My Cousin Vinny" with breakfast being two dollars and lunch three dollars, no matter what you ordered. Pete would sometimes take off for hours at a time and the patrons would make the coffee when the pot ran dry, cook their own breakfasts, leave the money in the register and drop the tips in the tip jar until he returned. One day a neighborhood kid stole a pack of gum and Pete closed the place. Didn't want to be in a business where you can't trust your customers.

Pete's wife Donna I knew as well from playing volleyball with Mary. When she retired from Niagara Mohawk I picked her up as my Family Court secretary and I couldn't have asked for a better one, especially then. They have both been friends through thick and thin. Pete ran my campaign for Family Court Judge and helped me out the couple of other times I ran for office before that. Both have great senses of humor. Just this Monday Mike Chiara and I were laughing so hard with Pete and son Scott that I thought Bridge Street would open up and swallow us whole.

Will they ever laugh again?

It is against the order of things for a parent to bury a child, yet we know it happens. Could anything be sadder? Robby could be as rough and tumble and mischievous as any kid. He was alive, alive as anyone could be. My heart aches.

Pete and Donna made the lonely trip west yesterday to bring their son home. I can't imagine. I don't want to. There are no words.

Fifty Years

Thu, 02 Jul 2009 14:13:35 GMT

A friend in New Jersey alerted me to this box item in last Saturday's New York Post:

Things a do-nothing senator can do while stuck in Albany for the weekend:

-...Drive through nearby run-down Amsterdam to see the product of 50 years of state economic development efforts.

Actually, to be fair, it's more like 45 years. Come back in another five.

As cruel as the Post post may be, it should give us some pause. It really isn't out of line to question whether all this state and federal government paternalism may have had exactly the opposite of the intended effect. If left to our own devices and own resources and own markets, I wonder what Amsterdam would have looked like today?

In 1970 alone more than 27 million dollars in outside funds passed through here and not without a little corrupting effect. We had simultaneously the Urban Renewal redevelopment of downtown, the state arterial and river bridge project, the state sewage treatment plant, the water filtration plant, the Amsterdam Housing Authority projects, the UDC Woodrow Wilson Housing and I'm sure I'm missing a couple.

I remember one of the great problems our outside experts were attempting to solve for us was the critical problem of traffic jams in our downtown.

That's the one project at which they were sensationally successful.

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Jamie's Icelandic Adventures: The Pictures

Wed, 01 Jul 2009 23:49:29 GMT

Copyright 2009 James F. Going

And for the rest, or at least the choice 200, click here.

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