Monday, June 30, 2003


Where am I? Hamlin, New York.

Get Your Money and Bolt

Be prepared. The following story may be indigestible. It may make some readers gassy. A certain pun is about to be slaughtered.

Shredded. Chopped to pieces.
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Hamlin is the Cabbage Capitol of the World. There is no doubt about it. Soon there will be a new way for local residents to get their personal cabbage.

Top’s Friendly Markets are about to do what the local government has failed at for years. Hamlin is getting a bank. A branch of Charter One will soon be blossoming inside the Lake Road store. It’s probably won’t be a branch, but a stem perhaps. Obviously, it’s won’t be a head office.

This was a business decision by mutual agreement between the bank and supermarket, just like the one between Tops and Blockbuster Video. Watch out now. Reality is about to hit the salad spinner. No doubt the Supervisor will shred the truth and boil up some story that makes the bank look like his accomplishment. Just in time for the appetizer- the Republican Primary. The truth will be wrapped up like an smelly egg roll and served to the public.

Leave it alone, don’t bite. Demographics cultivated the decision, profit is the crop. Steam from the rumor pot says that the first time the Supervisor heard about the bank was when Charter One applied for a sign permit! Any attempt to harvest the glory is so much corned beef!
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I apologize.

Tuesday, June 24, 2003


Why can't we all just get along?


Dissent and Debate

The article in the D&C yesterday about the New Hamlin Democratic Committee came with a surprising dose of intrigue. Of course, dissension is a hallmark of every Democratic organization. How could it be otherwise if a group embraces diverse opinions, unlike the mute lockstep of the average Republican organization- including the Hamlin Republicans.
For some reason Steve Klafehn, the Town Leader, of the Dem Committee distanced himself from the written invitation sent out about the meeting tomorrow night at the Town Hall. Apparently, he did not agree with some of the statements in the letter. According to the D&C, it said, “Republicans have failed Hamlin.” It’s pretty hard to argue with that. Hamlin has suffered decades of inept, visionless Town Boards which manage, year after year, to do practically nothing. The Republicans don’t have a clue about suburbanization issues and their candidates are drawn from a town committee which loathes debate. The HRC is mired in petty intrigues, members gossiping behind one another’s backs while being devoid of candor and vision. Saying they have “failed” is simply a statement of fact.

Well, dissension and debate are good things in a political organization. Frank debate about points of view are what produce effective decisions. That Klafehn will publicly disagree with others in the committee is probably a good sign for Hamlin. Hopefully the Democrats will produce PUBLIC debate on a wide range of community issues- that alone is a huge advancement for our Town!

Friday, June 13, 2003


Please sign my petition.

Good Rumor

The story going around is that some people are refusing to sign the Republican nominating ballot because Austin Warner's name is on it! A nominating ballot is required to qualify each candidate as an official Republican in the election. This ballot must be trooped around town for the required number of signatures from registered Republicans. The most efficient method is to make a ballot with the names of all the sanctioned candidates on it, that is the "official" manner. In Hamlin the nominations are Warner for Supervisor, Rath and Todd for Town Board. Their names are all on the same document. It appears that Ed Evans has some friends out there. His supporters are refusing to sign the ballots if Warner's name is included. They are making the Town Board candidates produce a ballot sans Warner! Mmmm. that's tasty!

Wednesday, June 11, 2003


"It ain't no ferry, but the tourist'll probly like it." Developer, Dutch Wagner

Town Board Votes To Build Trolley

In a stunning development the Hamlin Town Board voted yesterday to build a "trolley" system along Lake Road. Further shocking the community, the funding will come out of the Hamlin Library budget. "We think 'this is the ticket,' if you will," said Shirley Hollink the project's sponsor. "Nobody else has a trolley and we are the home of Wheelfest you know."

"This should bring in a lot of tourist money," added George Todd who first introduced Dutch Wagner, the developer, to Hollink. Wagner, a part time welder, woodworker and maintenence man concieved of the idea one night at the Village Inn, a local "watering hole." "That SOB bartender took ma keys and I was wonderin' how ta git home," explained the dwarfish "imagineer." "I ain't callin no cab, so's I think, Dang, we need a trolley. Next day, I bang this out," he added with pride.

Others are not so positive. "It's insane," said local personalty Jim Martin when asked about the project. "Take money away from the library, which the whole town uses, so some slugabed doesn't have to stumble home? It's insane."

"I'm just concerned about cost," droned Councilman Paul Rath who voted for the project. "I'm just concerned about cost," he said agin stiffly. And again.

Councilman Ed Evan's who fought the plan vigorously, lashed out at his fellows, "They're just doing this because they felt stupid in the meeting to fund the library expansion. They didn't think it through then, and now they've lost their minds."

Supervisor Warner, who also opposed the plan, was unavailable for comment. His spokesman said he was counting lawnsigns.

Tuesday, June 10, 2003


Step on it Jethro! We ain't stayin' in no town with one a them fancy "libaries!"

Pride and Prejudice

If there is a single characterization of Hamlin that needs to be extinguished it’s that ours is a hick-town. Hayseed, rube, hillbilly, backwater, whatever. Hamlin’s perception in the county is not of a very high caliber. Not many people want to move to the backwater, and that affects our property values. Certain things work to defeat those labels. One of the most important is our library. As noted elsewhere (Detailed in, “What A Success,” 4/18/03) the Hamlin library has been an incredible success. A town which can boast that more than 50% of its residents hold library cards should be able to deflect the hick label.

Not so fast.

At last night’s Town Board meeting the community confronted the kind of anti-intellectualism and anti-cultural attitude that does so much harm to our reputation. The board struggled with a special request from the library for funding to expand.(Click archives, 4/18/03) It needs to expand in response to its success, and to better serve the demands of the users- the Hamlin taxpayers.

Supervisor Warner and Councilman Ed Evans, supporting Nancy Martin from the library Board of Trustees, fought a prolonged battle with the other council persons to approve the special funding. The principle opponent was Shirley Hollink who contrived to imply that the library had leadership, planning and personnel problems.

Hollink stated that the library had moved four times in four years. She presented some weird revisionist history to press her claims. She suggested that the original collection of donated books, which was temporarily stored in the Board Room of the Town Hall, was the first library location. What??? Then when this collection was moved to the old recreation building, our new town court building, this was its second move. Huh???

I hate to introduce reality here, but the fact is, there was no Hamlin Library until it received it’s New York State Charter in 2000. Whatever existed before that was not a library.

Hollink also implied that there were management problems because there had been turnover with the trustees. Ms. Martin pointed out that one had died, another had left for reasons of health and the third had quit in “a fit of pique.” To which Hollink blinked and asked, “What does that mean?” I’m pretty sure Martin considered suggesting that Hollink visit the library and look it up, but she has too much grace for that. (The turnover in other organizations is much higher. For example, the Hamlin Republican Committee has had about 10 Chairman in the last five years!)

The battle waged for what seemed like hours. The details are too many, and too agonizing, to list here. There was an unmistakable attitude on the part of councilpersons Hollink, Rath and Todd that the library was somehow bad or irresponsible for needing more money. They seemed unable to comprehend that the money was necessary to expand and expansion was required because of demand. Demand from the huge portion of the resident/taxpayer population which uses and supports the library on a regular basis. In the end, Warner and Evans carried the day (with limitations) only Hollink refused the funding. I have no idea what constituency she believes she is representing in this way

Instead of applauding and enthusiastically supporting the success of our library, three of our Town Board attacked, reproached and tortured its request. When Hamlinites look to deflect the “hick” label, we can point with pride to the growth and use of our library. But don’t let anyone see the little clique of Town Board members lounging around in their overalls “havin’ a chaw.”

Good work Mr. Warner and Mr. Evans! The Hamlin library is a great point of pride and achievement in a town starving for it. Thank you for fighting to better the community.

Monday, June 09, 2003




Welcome New Readers!

Welcome the many new visitors to this site! The purpose of it is to try to keep the residents of Hamlin informed about the activities of our local government. Town government is, in many ways, much more important in our daily lives than Federal or State rule. This is where we LIVE. Local government decides what kinds of structures can be built and where, whether businesses can be located in your neighborhood, or how close to your property a neighbor can build his house or deck or addition. The Town decides what permits you need if you want to improve your property and how much those fees will be. Local government indirectly controls the library and recreation in Hamlin.

The most important thing local government affects are your property values. If a commercial activity opens next door to you what happens to the value of your land? If the density is changed in your neighborhood, how will your parcel be affected? These are significant issues, important to every property owner in the community.

Equally important are the decisions local government makes about OUR FUTURE. Changes to the Town's Comprehensive Plan, Zoning Codes and Local Laws all have a profound, immediate effect on you, your family and your quality of life in the community while you live here. I believe that most citizens would be diligent about the decisions of local government, if only they had a means of monitoring it.

This is that way.

We strive to bring information about the activities and decisions of the Town Board as well as the Planning and Zoning Boards. We keep you up to date with the intricacies of local politics in the hope that an informed population will make informed decisions when they have the opportunity to choose.

Local government doesn't even try to communicate. For example, the current newsletter is the first one in 18 months and most insiders recognize it as the Town Supervisor's attempt to promote himself in the upcoming primary run off. Where else will you get that kind of news?

Please bookmark this page and return once or twice a week. Please don't hesitate to write to us either. We personally respond to every letter and your confidentiality is always protected.

If you would like to read our Archives click on a date in the list on the left side of the page or click on any day in the calendar on the right to see news from that day (Note we do not post news every day, but almost!)

Share this website with your neighbors, discuss the issues and, I hope, have a laugh once in a while!

Thanks,
Peter Tonery
Editor

Friday, June 06, 2003

Ms. B. we spoke after the Planning Board. I can't find you're e-mail address. Would you write again. Thanks for going to the meeting. I'd like to get the full story. I aplogize for rushing, but I was trying to catch some of the Board members before they left.
PT
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Not too sharp!


Such A Deal!

If I were Supervisor Warner I wouldn't brag too much about the Town's ATM, as he did in the Town newsletter. As noted below, he didn't even recognize it as a revenue source until Jim Martin cowed him into contacting ESL. Then, he didn't negociate for past revenues, using the lame excuse that, "we are the only Town in the County to have an ATM," (sic) meaning, I guess, that the model for revenue sharing used by businesses with ATM's wasn't applicable to Hamlin.

But the real dull witted part of the deal is that Hamlin's revenues are tied to the Consumer Price Index! What does the CPI have to do with anything in this matter? The banks don't charge users a variable rate for using an ATM, it's always fixed. Why should Hamlin's sponsorship fee be based upon anything but usage? Why should Hamlin's fees be any different from those collected by Tops or Bob's or any other outlet?

The answer is stupid suppositions and poor negotiating. When Warner was making this deal he supposed that providing an ATM was an act of generosity on the part of the Town and ESL. He imagined that he was "providing a service" to the residents and that it was an inconvenience to a bank to install an ATM. It was the Santa Syndrome raging out of control.

ATM's are huge profit centers for both banks and the property owners. If Warner had been sharp enough to do a little homework in advance he could have made a much better deal for the residents. It is a measure of how profitable these machines are, that they have cropped up everywhere, in every podunk mom and pop store to giant retailers, everybody is making money on them. And, they're all making more than Hamlin.

The bottom line is: We need to watch out when the Supervisor tries to cut a deal.

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For a complete explanation of the CPI go to: www.bls.gov/cpi/cpi1998g.pdf

Thursday, June 05, 2003


Let's give it a shake!

The Birdcage

Years ago I heard a great analogy for how Kodak did it's management restructuring. It was described as "Shaking the Cage." It held that all the company ever did was pick up the cage holding all the top executives, give it a good shake and wherever the "birds" landed became the new pecking order. Same old birds, just new perches.

Hamlin politics seems a lot like that. Warner, Rose, Evans and let's not forget Rath (There's been a Rath in local government continuously for probably 50 years!). All the local Republican Party seems able to do is shake the cage, and we get the same old birds.

The world around us is changing fast, isn't it nice to know some things stay the same.

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Praise goes to Mark Reeves, Craig Goodrich and others who recently advocated for holding "Open Forum" meetings for the Comprehensive Plan/Zoning Code Committee meetings. They recognize that there is nothing to fear from creating public policy in front of the public. Unfortunately for Hamlin, their proposal was voted down. The actual vote, and the names of the people who voted against open meetings, did not make it to the bland and perfunctory minutes which are "published" on the Hamlin website (hamlinny.org.) I still ask: What about the Majority of residents who don't use the Internet? How do they have access to this information?

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Praise too to Shirley Hollink for reprising the Hamlin newsletter. It's a start. Reading it, one can see the Supervisor had a heavy hand in the content. There are accolades for old news ( the Court Building) and another whitewash of the ATM and it's revenues. (No resident should ever forget that it was on the urging of one citizen, Jim Martin, that made these revenues possible. He, and he alone, reproached and prodded the Supervisor into asking for some of the profits from the bank. For the prior years it had cost the taxpayers money! Unfortunately, Martin couldn't bully the Supervisor into making ESL come up with some revenues for the past.)

Despite these, the newsletter looks nice, much more modern than the childish "Hamlin Post," and thank goodness, those stupid informational "tidbits" have been dropped. We could all use a little more content. The town shouldn't be afraid to repeat the truth. Tell us about the lawsuits, the problems in the Planning and Zoning Boards, even a little political gossip would be good.

Wait a minute- that what we do here!

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Isn't it interesting that the newsletter makes its appearance just before the primary election that Ed Evans is forcing with Supervisor Warner? The newsletter is clearly Warner's fluffy little propaganda piece. He was initially elected with a promise to "communicate with the public." He never did. He has increasingly hidden from public scrutiny. His meager accomplishments are largely do to the efforts of others, and he has taken credit for things he didn't do or was actually opposed to.

Didn't the county Republicans get in trouble for using tax dollars to promote their candidates? Warner must have seen an opportunity.

Tuesday, June 03, 2003


Ed's Dream


Good News, Bad News

Today is the day Ed Evans begins his challenge to Austin Warner. Evans has begun soliciting signatures from local Republicans to force a primary for the Supervisor's seat. There is little doubt that he'll get the necessary 250 signatures.

It should be interesting to see how things shake out. At last the whole communitiy will be able to see who supports who. In the little world of Hamlin politics, there is much intrigue. Many individuals on the Republican Committee will not acknowledge who or what they support. Then, if you manage to drag it out of them, the commitment is half hearted and vague- all the easier to backtrack on later.

Keep reading. We'll do our best to keep you informed. Knowing Hamlin's cultural distaste for discussion, confrontation and openess it can sometimes be hard to get details. Don't expect any debates, or letters to the Editor, or speeches, or public campaigning. This is all done quietly, behind closed doors.

The good news is the bad news: the same old sliver of Hamlin's population will enjoy political choice, while the majority, the 53 per cent of registered voters, will not.

Friday, May 30, 2003


An American Profile

Who Are We?

2000 Census Data for Hamlin:

RACE:
96.8 % White
1.1 % Black

>ANCESTRY:
34 % German
17.4 % English
20.1 % Irish
15.6 % Italian

Those of German ancestry approximately equal the combined total of any two of the next largest groups.

Thursday, May 29, 2003


Hamlin, 2050 AD

Some Things to Think About

The following data for Hamlin comes from the 2000 Census:
YOUTH
5 - 9 yr. - 8.8 %
10 - 14 - 9.9 %
15 - 19 - 7.9 %

Total Youth-------26.6 %

SENIORS
60 - 64 - 3.1 %
65 - 74 - 3.8%
74 - 84 - 2.1 %

Total Seniors-----9 %

Median Age of all Hamlin citizens is 34.1 yr.

Conclusion: Any planning* for a Community Center should be based on these facts, not out-of-date, but lingering, ideas about our population. Resources should be allocated based on the population, not on organization. We need to serve our young families first.

* I refer to the Coalition Committee being set up to explore a Community Center. There is no action on the matter from the Town Board. In fact, they have abrogated their responsibility in the matter back to the citizens. The Town Board is not capable or motivated to do any town planning of their own.

Tuesday, May 27, 2003


Left at the Altar

Rough, rough.

I have met Linda Hoffman a few times. She was very pleasant and seemed to me to be energetic and friendly. It is a shame how she was treated by Austin Warner and Ed Evans.

Hoffman had been recruited by Evans and Warner, at least as far back as December 2002, to run for Town Clerk. For a jumble of childish reasons, these men had decided that the downturn in their political popularity was caused by Kathi Rickman and they determined to get her out of the Town Clerk’s office. So they searched around for a potential candidate. They knew Linda socially through her husband Jerry. Jerry is a great guy, a member of the Republican Committee and served on the Conservation Board before moving over to the Zoning Board. Warner and Evans must have liked Linda’s credentials because they didn’t waste much time offering her the Clerk’s job.

I say “offering” because they went out of their way to persuade Linda that the job was hers for the taking. They painted such a bleak picture of Rickman and her chances of being reelected, that Linda couldn’t help but be convinced that she was a shoe-in. It was poor advice and a shabby way to treat a colleague.

Warner and Evans encouraged Hoffman, they raised her expectations. They assured her that they controlled enough votes on the Republican Committee to guarantee her the nomination. They convinced her that if Rickman were to force a primary, they would again prevail. Never a discouraging word was heard.

Never a word of caution or prudence either.

There was just one slight problem. Linda Hoffman was a registered Democrat. A Dem can’t receive the Republican nomination. Easy enough to fix? Maybe.

In January, Linda changed her party affiliation to Republican. Just in time for the nominating process in March. Of course we all know that Rickman prevailed and received the Republican nomination on the first ballot. Later in that meeting, Hoffman asked how she could go about the process of forcing a primary. The question hit a cold wall, and it was obvious why. The Republicans had just made their choice, why would they help or encourage a challenge to it?

This raises the first serious question about how well Warner and Evans were caring for their hand picked candidate. Why hadn’t they advised Hoffman properly? She should have been instructed that if she didn’t get the nomination she should graciously accept, wish the nominee well and offer her support. Either they were so confident in their ability to get her the nomination or they were too wrapped up in their own issues to care about a negative outcome. In either case, they left Hoffman high and dry, and, asking the wrong question in front of the Committee. She must have been embarrassed at the response.

Now her recruiters fumbled again. This time even worse than before. Warner and Evans did not direct Hoffman to concede and move on. Instead, they encouraged her to challenge Rickman in a Primary. What could possibly be the inducement to this action? Once again, the only answer can be that they assured her that she would win. Once again, the men must have advised Hoffman that they controlled enough Republican votes and reassured her of victory. They must have promised and encouraged her, why else would she have undertaken a challenge to the decision of the Party? Linda Hoffman was being led down the “Primrose Path.”

Hoffman went to the Board of Elections and inquired about mounting a primary challenge. Bad move. In the first place, the Monroe County Republicans are very sensitive about Primaries this year because there are so many of them. Additionally, why would the “parent company” encourage a revolt? The county Republicans had no interest in Warner and Evans’ vendetta against Rickman. From their point of view, a primary just looks bad. Republicans HATE dissent.

When the county people looked at the situation they delivered a shock to all involved. Technically, Linda Hoffman was still a Democrat! She was barred from running a Republican Primary.

Election law states that changing party affiliation does not become effective until after the next general election.* This is to prevent “primary jumping,” in which people from other parties might jump in to disrupt a primary election. It makes sense. It is not a new law. Supervisor Warner should have known about it. Evans, who himself changed from being a Democrat, should have known about it. If these men put themselves in a position to advise Hoffman, the least they could do would be to know simple election law rules. They didn’t. They were terribly irresponsible. It was Hoffman who was going to look bad downtown, it was Hoffman who would be embarrassed locally. It was a lousy way to treat someone. Especially a person who had been personally selected and encouraged to take a risk.

Where is the apology? Where is the acceptance of responsibility? Where is the acknowledgment of incompetence? It ain’t coming.

I’m sorry for Linda Hoffman. I think she was very badly advised and misled. However, we all know the old saying, “If you lay down with dogs, you’re gonna’ get fleas.”

When you drive past the Town Hall you can hear the barking.

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* Election rules vary depending upon the point in the election cycle.

Thursday, May 22, 2003


Think about it.

Time For a Change

Wednesday’s Democrat & Chronicle, front page/ B section, printed an article which had special relevance to Hamlin. The story described how the Town of Irondequoit was eliminating its Building Department and contracting with the Town of Greece to supply those services. This is a great idea, and should be given vigorous consideration in Hamlin.

Irondequoit will cut their Building Department costs nearly in half, saving over $70,000 a year by eliminating three Inspectors. Since the town is fully developed, their number of inspections is not great.

While Hamlin is barely developed, the number of housing starts is very low, about one a month, with a similar number of mobile home openings each year. Plenty of decks, ponds, fences, pools and sheds which must be inspected, but these are not complicated or intensive inspections so the cost can be kept low.

With the exception of local set-back rules, development and building regulations are pretty much the same throughout the state and county. That’s because State and County rules are highly detailed and override local regs. That means a smooth transition for Inspectors from the outside.

Presently, Greece has a staff of 25, with 17 Inspectors! Hamlin has a staff of one “as-needed” support person and one part-time Inspector with an annual budget of $ 41,329! Even though the Inspector is part time, incredibly, he has been given a car! Irondequoit will pay Greece about $65,000 for 1600 to 1900 hours of service. If our Building Inspector logs 20 hours a week for 50 weeks, Hamlin gets a maximum 1000 hours of service. Local taxpayers could reap a significant savings from cutting this department.

There are plenty of other benefits:
* By all accounts, the response time for inspections in Hamlin is atrocious. Builders and homeowners are extremely frustrated having to delay their construction because the Inspector takes days, or even weeks, to get to there sites for even the most basic approvals.
* Highly experienced inspectors know how to stop a project when it is improper or illegal. There are no two story houses masquerading as “garages” in Greece. Unlike Hamlin, if you violate the law, or your approved plan, you will be shut down. Unlike Hamlin, if you don’t conform, you will be made to remove. That’s the way it should be.
* There will be no more pointless, and expensive, training sessions. The Greece Inspectors will come fully trained and experienced, they will work to help builders, not hinder them.

People in business are accustomed to the concept of “out- sourcing” for efficiency and cost benefits. Hamlin officials, as part of government’s sluggish progress into the new millennium, could profit by learning from business. If they can’t learn, then it’s time for pink slips.


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Brockport Post Carries Story on Wautoma Beach "Garage"

There's a pretty good article in this week's Brockport Post about the mess on Wautoma Beach. In it, the Building Inspector again claims that there is no definition of a garage in our codes. Sorry Larry, look again, it's on page 18. A few pages later you'll find the definition of a two story residence.

According to the law, the duty of the Building Inspector is, "...to secure enforcement of this chapter and to issue all permits or certificates..." (125-69, page 129, Larry.) That means that he is REQUIRED to enforce our laws, it's not at his option. The way the Inspector operates now, with a conditional enforcement policy and granting permits for stuctures that are not in conformance (or were built without permits!), begs the question: Is the Hamlin Building Inspector's job performance even legal?

If he is obligated to enforce, and he doesn't unless a resident complains, and, he allows non-conformance and non permitted construction, isn't he violating both his duty and town law? Since the law requires enforcement, and he is the enforcement officer wouldn't failure to enforce, in itself, be a violation?

An interesting conundrum to ponder.

Hear Ye! Hear Ye!

And Now For a Little Good News...

At a special Town Meeting held Monday night, the Board passed a resolution increasing the permit fees for new home construction. The reason that’s good news is because the increase is earmarked for the Recreation Department. The funds generated by these fees will be used for a variety of purposes, none more important than as seed money to explore the development of a Community Center for Hamlin.


This is a positive step for our community. The Recreation Department has assumed the burden of researching the project. They intend to determine the degree of support for a Center, the variety of ways to finance the project and investigate designs. The Rec. Dept. will be forming a coalition with concerned citizens from the Library, the Boy Scouts, Seniors and others to achieve these goals.


You may recall that the Recreation Department made the request for these fees at the February Town Board meeting.


All the people who conceived, presented and persuaded this plan should be saluted. Once again, a grass roots citizens’s organization has pulled together to do the work of the Town Board. In the vacuum called Local Government, it’s great to see determined residents forging ahead to accomplish worthwhile goals.


Maybe someday Hamlin will have a Town Board which, on its own, can initiate and execute a project like creating a Community Center. Hear Ye?

Wednesday, May 21, 2003


Bad Boy

Can You Believe This?

I wanted to tell this story sooner but the Zoning matter was more important. This is both entertaining and scary.

While waiting for the Zoning meeting to begin on Monday night, I was approached by Larry Gursslin, the Building Inspector. He said he wanted to show me something. I went along to his office. There, he showed me two Polaroids of a structure and asked me what I thought it was. The building was two stories high, set on block, it had a door and a few windows. It looked to be about 16' x 20' x 25' high. The building was roofed but had a raw pressboard exterior. Gursslin said that there were no utilities.

I said that I didn’t know what it was and he agreed, making the point that it was a dilemma. I noted that it was too big for a shed, that it had no garage door, so therefor, I concluded it was a residence. Gursslin explained some of the story to me, saying that he’d had a call about the building and had trouble finding it. He said that there was nothing else on the property, meaning no other structures, and that the owner had built it as a “get-away,” as a place to go and hang out.

Gursslin then told me that he wasn’t sure what it was either. He stated that the Hamlin zoning code did not have a definition for a garage, so he didn’t know what to call it. Then he said something amazing, he said that he “finally decided what it was, so I could issue a permit for it.” I asked him why he would issue a permit and he replied, “So he (the builder/homeowner) would be in compliance.” I asked how a resident could build a structure, without plans or a permit, and then try to get in compliance. He asked me what I thought he should have done! I replied that the resident should be made to remove the structure. Then, he could back with a plan and apply for a permit to build. The Building Inspector said that he agreed that the structure should be removed, but instead, he found a way for the man to get a permit after the fact! I left the office and went back to the Zoning Board meeting

This is crazy. Why does our town have laws if they are going to be ignored, and if they are violated, go unpunished?

This is not the first time. The story below refers to a similar situation where the builder presented a plan to build a garage, then constructed a two story house! What did the BI do in that case? The same thing! He struggled, looking for a way to stop the project, and then issued a new permit for the building- using drawings of the now completed house! Amazing.

At this month’s Planning Board meeting, Gursslin claimed that since our Zoning Code had no definition for a garage, he didn’t know how to stop the improper construction. Of course Hamlin has a definition for a garage! It has definitions for one story and two story dwellings too. Can you guess where these definitions were hidden in the code? Right in the front of the book in the section called, “Definitions.” (During the ZB meeting I sent him a note with the page numbers from the code book where the definitions were located!)

As it turns out, the structure on Wautoma Beach Road is defined exactly as a “two story dwelling,” and doesn’t comply with the garage definition in the least. The building in the photos Gursslin showed me Monday night is also a “two story dwelling.” It’s in the Code book, but the Building Inspector didn’t know it. Can you believe that?

No doubt, some blame should be directed at the town’s legal counsel, somebody must have authority to advise the Building Department. Some blame should be directed at the Supervisor as well, how can he justify this incredible failure of enforcement?

Poor Hamlin, only God knows what else is happening to our community when the Building Inspector doesn’t enforce the codes because he doesn’t know the definition of a house versus a garage!

Tuesday, May 20, 2003


Hamlin Zoning Board, 1777


History is Made

Last night’s Zoning Board made history. For the first time anyone can remember, an applicant’s request for a Public Hearing was refused. This, in my opinion, is historical and I applaud the members of the Board who voted against the request (the vote was 4/3.)

Readers will remember the Zoning Code nightmare I described in Welcome to Hamlin, 5/7/03, see below. The request for the public hearing was made by this same Applicant, still seeking to sub-divide his parcel to allow him to convert his “garage” into a legitimate house. Surprisingly, the Board did not address the violations of the building at all. They simply told him that they had recently denied a similar application with a request for a 50% reduction, and his application was for an 88% variance!

Some Board members, Rocky Ellsworth, Ed Haight and Attorney Welch did a good job setting up the appropriate questions to ask of the applicant. Haight entered into the record that the applicant had other building options and Welch determined that the purpose of the application was strictly for profit. These are the two key legal issues upon which variances may be granted, and the Applicant answered the questions wrong.

No doubt this Applicant’s actions of building the structure and outwitting our poor Building Inspector into further granting permissions to build, played a part in the Board’s rejection of the appeal. Anyone who scoffs the law so blatantly should expect an increasing lack of cooperation. We can be pretty sure this story is not going away soon however...

Despite all this good news, Chairman Baas once again stood out for all of his many inappropriate and unprofessional comments throughout the meeting. Regarding his vote against allowing the hearing, which costs $75, he said, “I just couldn’t take his money. It goes against my conscience, that’s just the kind of person I am.” Who cares? That’s not commentary for the public record. The Zoning Board is a legal, judicial body and, except for statements relevant to the issue on appeal, not much else should be said. Baas has been on this board for “25 years,” yet he still doesn’t understand what is appropriate commentary and what isn’t. He continues to behave as if the ZB is a Feudal court at which he magnanimously lords over the distribution of “land grants.” It’s law, not beneficence.
******NEW****** NEW****** NEW******NEW****
Everyone Deserves a Public Hearing

There were many comments made on the way out of this meeting, but one deserves some examination. Some Zoning Board members supported the application for a public hearing for “philosophical reasons.” As one member said to me, “Everyone deserves a Public Hearing.”

That’s not necessarily true. In matters of criminal or family law, everyone has a right to a hearing, but Zoning is not hat kind of law. The purpose of a Public Hearing in a Zoning Appeal is to allow neighbors and other affected or concerned citizens to comment on the application. The Hearing’s function is to get feedback from the public, that’s all. The PH collects data and opinion, it is not the judicial proceeding. The Public Hearing is similar to listening to witnesses, it is not the jury deliberations.

The idea that everyone deserves a hearing is not true in zoning law. If the Board is convinced that the application is invalid or doomed (as in Monday’s case) they have every right to reject the request. Doing so is an effective tool. It sends a clear message to the applicant, it saves the time, energy and resources of the town (tax payers,) and it doesn’t waste the Board’s time next month listening to public input on a subject which has already been decided. It saves the applicant $75, too.

No, people do not deserve a “Public Hearing,” that is a practical matter. If it’s a “done deal,” why waste everybody’s time?

Monday, May 19, 2003


Office of Communications, Hamlin Town Hall, 2003

Courtesy and Civility 101

Question: If you went into a place of business and spoke to an employee, for example a store in the mall, wouldn’t you expect a response from that person? Of course you would! Replying to someone, even to return an “Hello,” is simple, common courtesy. It is basic “good manners.”

In the business world, replying to someone, in person or by mail, whether they are a customer, vendor, coworker or stranger is not just courteous, it is an essential element of professional behavior. No business which is unfriendly toward its customers or suppliers will stay in operation for very long.

This is so obvious, so ordinary, that when one runs into a business which is rude and unprofessional enough to ignore a customer, it is startling and noteworthy.

Welcome to local government in Hamlin.

I have had personal acquaintance, for years, with town agencies which don’t bother to reply to correspondence. I have even had the unpleasant experience of having the Planning Board mock a letter I submitted to them. Apparently, the Chairman, who didn’t know me, wasn’t aware that I was present when he ridiculed the communication. But its not just me, as I was reminded recently.

Last week, I spoke with a couple of residents who were experiencing serious difficulties with a neighbor and wrote a letter to the town. Then, they wrote another, and another. They wrote to various people and agencies. They never received a reply. They never even received an acknowledgment that the town had gotten the correspondence. Not a word.

These are Hamlin residents, tax payers, and our “Town Fathers” apparently are so unsophisticated and inexperienced that they don’t understand that they must reply to correspondence. This is basic civility, much less good “business.” At the very least, acknowledging a letter, is so fundamental that one has to wonder where the people in local government came from, that they don’t know how they’re supposed to do it.

Oops.

Wednesday, May 14, 2003


Stayin' Alive in Hamlin!


Where Credit is Due

At April’s Town Board meeting Ed Evans introduced a piece of legislation that was good in both its purpose and effect. The purpose was to help protect our rural heritage by removing one of the main criticisms of the five acre minimum lot size in R-VL districts.

The legislation would increase the minimum frontage on these lots by an additional ten feet, to 260.' This may not seem important but it is. The criticism Evans was confronting is the “bowling alley” argument promoted by Norm Baas. His position is that SOME five acre parcels are often narrow and deep, looking like an alley.

This is an amazing position for someone who seems to be completely bereft of any other aesthetic values regarding Hamlin. This, from a man who, people say, “Never met a variance he didn’t like.” Further, he sat on the committee which revised Hamlin’s sign code down to a level competitive with any horror you’ll find along Rt. 104. It’s hard for me to imagine that a man who can accept the repulsive clutter of utility pole flyers which degrade “Downtown Hamlin” is so sensitive to a rectangular parcel of land out in the country.

Well, he is it seems, and he’s churned that fetish into an argument for reducing lot sizes in our agricultural areas. Evans wisely, cleverly went right at this problem with his proposal. He tried to tell the Board that a wider lot would prevent potential problems with septic placement, which it would, and hoped that they would catch onto the other benefit. They didn’t. He tried to get the proposal a Public Hearing, but couldn’t. The others struggled with understanding the idea and the discussion ended with a mumble from the Supervisor about “researching it.”

Jump forward to the May meeting last Monday: Evans brought up the proposal again and showed a drawing prepared by the Building Inspector which demonstrated the benefit to the septic systems. The room was again silent. In April it was noted that the frontage had been reduced (!) in 1997 and no one could remember why. Warner had suggested that this would be what should be researched. Surprise! No one did! So this time the May meeting ended exactly as it had the month before. Except, the Supervisor directed George Todd to discover the answer...for next month.

This is exactly what drives Ed Evans mad. Delay and delay. Despite the issues I have with many of Evans’ motives and actions, he is the most responsive and proactive member of local government. He is willing to confront an issue and propose a resolution, but 99 out of 100 times his efforts are met with, “let’s research it.” It drags on for months, mainly because there is no leadership, no self confidence, no vision.

I hope this doesn’t sound like faint praise, because it isn’t. Evans was right in his tirade at the Republican Nominating Meeting. He does do more than the others, and they don’t show much initiative or energy- part of the reason Hamlin government is stuck in the seventies.
Memo To the Not-Planning Board

According to the zoning code Business is defined as: The purchase sale or transaction involving the disposition of any article, substance, commodity or service, offices or recreational or amusement enterprise conducted for profit.

Under this definition, an archery range with pro-shop is clearly a business. That it is a business should not, can not, be minimized or waived by the nature of the activity that the business conducts. In fact, an indoor archery range has more in common with a bowling alley than a gun club.

Regardless, the legal criteria for granting/denying the SUP must be based on the recognition that the activity is a business and not a "club." To do less is harmful to all residents and particularly to the neighborhood since changes to the Comprehensive Plan are based upon the presence of SUPs.