SMOKE AND MIRRORS
Participation Circumvention
“The participation of citizens in an open, responsible and flexible planning process is essential to the designing of the optimum town comprehensive plan.” — New York Town Law § 272-a
Although Town Law stresses the importance of citizen participation in an open and responsibly designed town comprehensive plan, local officials downplay this mandate; claiming that the comp plan is only a “guide” — and use the minimum legal requirements for public meetings and notifications to limit disclosure and block participation.
The town of Lansing, like many rural towns, traditionally uses posters and signs along the roadsides to announce everything from chicken barbecue fundraisers to concerts in the park. The town’s government, although it placed a large display board for notification of a boat slip raffle, never placed one sign to advertise the town’s comprehensive plan meeting. Notifications were placed in the legal minimum two newspapers; and in spite of their low readership, no further efforts were made it inform or involve the residents.
The public meeting for the Lansing Comprehensive Plan draft was reduced to a segment of the monthly Town Board meeting, with a scattering of residents being told it was only as a favor they were permitted to speak, and allowed 2 minutes to do so. No questions were allowed to be asked.
This was an action that directly contradicted the State’s intent and the legal “duty” and “responsibility” of Lansing’s municipal government to “assure full opportunity for citizen participation in the preparation of such proposed plan.”
Why are so many county, town and village officials anxious to prevent residents from having a voice in the future of Tompkins County?
The public and private maneuverings of Tompkins County officials to minimize the importance of these comprehensive plans and exclude meaningful community participation — urging local governments to abdicate their duty and responsibility under Town Law, and give over all local power to the “County” — will be examined next.
New York Town Law § 272-a. Town comprehensive plan
Legislative findings and intent.
“The legislature hereby finds and determines that: Among the most important powers and duties granted by the legislature to a town government is the authority and responsibility to undertake town comprehensive planning and to regulate land use for the purpose of protecting the public health, safety and general welfare of its citizens.”
It is the intent of New York State Town Law § 272-a that both local planning boards and the town boards “assure full opportunity for citizen participation in the preparation of such proposed plan”
To make the preceding as clear as possible; here are legal definitions of those words:
• Assure: to make certain; to inform positively, as to remove doubt; to convince.
• Full: abundant; brimming over; comprehensive; exhaustive; filled to utmost capacity.
• Opportunity: fair chance; proper time; reasonable chance; suitable circumstance; suitable occasion; suitable time.
These words denote a legislative intent that was never even remotely fulfilled by the municipalities granted the authority and charged with the responsibility of these “most important powers and duties.”
“Pay no attention to the man behind the curtain!” ― The Wonderful Wizard of Oz
The powerful interests behind the “County’s” Comprehensive Plan leave little doubt of their intention to take all power into their own hands:
“The County’s plan is based on the understanding that certain issues are regional in nature; cannot be fully addressed solely at the city, town, and village level ; and require proactive cooperation among all levels of government.”
• Since the County considers Housing Choices, Transportation Choices, Jobs and Business, Development in the city, villages and [County] designated nodes, and Rural Resources (the importance of agriculture and the need to protect farmland), all to be regional issues — they want to control everything. [Note that the importance of protecting agricultural interests is the only issue that the County’s plan recognizes for rural communities.]
The County’s plan requires “proactive cooperation among all levels of government.”
• Proactive cooperation is defined as: “two or more individuals cooperating together and acting in advance to deal with an expected difficulty.” In this case, the expected difficulty is the participation of the County’s residents.
The interests that control the County are trying to take direct control of its towns and villages — urging local municipalities to let the “County” decide local planning:
“Often, local municipalities have a full workload simply addressing the important day-to-day issues of local concern. Planning at the county level can help municipal governments address key issues of concern that cross municipal boundaries, such as sprawl, economic development, housing affordability, and environmental protection.”
This attempt to subvert the “duty” and “responsibility” of local officials and planners has been largely successful. Policy decisions flow directly from the County into “local” plans; without public scrutiny or any meaningful public participation in the towns and villages themselves.
“A lie that is half-truth is the darkest of all lies.” ― Alfred Tennyson
The “ten elements already included in the Comprehensive Plan” by County Legislators, before the first community survey was even announced, remained unchanged in the final document.
The Plan’s “kickoff survey” itself was a vague and generalized 19 question survey using loaded terms like “Healthy Communities” to produce results that would support the policies the County had already decided on. [Who wouldn’t vote for a healthy community?]
Two additional topic areas were “identified” from a list of thirteen choices supplied by the County, but this made no meaningful difference to the final Plan.
The County’s reaction to comments critical of their Comp Plan draft was both defensive and dismissive.
To the comment: “efforts to acquaint citizens with this plan which will, by design, touch each and every resident of Tompkins County are pitiful to non-existent. There were 4 meetings attended by a total of 70 individuals out of a Tompkins County population of 101,570”— the County asserted they had made “considerable efforts to involve the public,” and pointed out the “large number of written surveys” received from Participation in Government Classes at local High Schools, and comments received from “approximately 40 individuals and several groups.”
In response to the comments:
• “Can there be a policy that prioritizes transportation investments for the ‘transportation insecure’ – especially low-income families with children in rural areas.”
• “I think it’s important to pay attention to the needs of rural residents. In addition to fixed-route what is possible as a systematic approach to meeting public transit needs.”
The County made the following “substantive change”:
• “Proposed Policy: Consider the needs of populations that are particularly challenged by transportation when developing systems and alternatives.”
[Note that the County chose not to use the word “rural” in their policy statement.]
To the request for equality:
• “Overarching principle – looking out for rural landowners (Broaden the idea so people are as important as the rest of it.) All residents matter/ every resident matters.”
The County evasively replied:
• “A Foreword was added to explain how the principles, policies and actions of the Comprehensive Plan can contribute to a positive future for both urban and rural residents of the County.”
Like snakes in snake oil, the County’s “Plan” squirms around every issue of human dignity and worth. If you could polygraph the Tompkins County Comprehensive Plan, it would “show deception” on every page.
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Once again, you can see how the implementation this new society is just another form of colonizing — and for the same purposes:
A source of wealth, raw materials, and cheap labor – a dumping ground for the unwanted and criminal in their own population – and an unconsidered people to squeeze dry of all worth – all for the exclusive benefit of the colonizers [and a useful distraction from problems at home.]
Ithaca always looked down on the rural residents of the surrounding towns and villages — they still do; but now they snap the whip.