Government and Society – Page 2 – Rural Tompkins County

The Secret Cornell 20

If you would like an indisputable example of fraud; there is none better than the New York State Agriculture Disclosure Statement for ticking all the boxes.

In the United States, common law generally identifies nine elements needed to establish fraud: (1) a representation of fact; (2) its falsity; (3) its materiality; (4) the representer’s knowledge of its falsity or ignorance of its truth; (5) the representer’s intent that it should be acted upon by the person in the manner reasonably contemplated; (6) the injured party’s ignorance of its falsity; (7) the injured party’s reliance on its truth; (8) the injured party’s right to rely thereon; and (9) the injured party’s consequent and proximate injury.

The New York State Agricultural District Disclosure Form and Notice:

“This disclosure notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district and that farming activities occur within the district. Such farming activities may include, but not limited to, activities that cause noise, dust and odors.”

Let’s examine a few of the activities those “prospective residents” are not fully being informed of:

Satellite Lagoons: “Lagoon” is a euphemism for an open cesspit [frequently a million gallons or more] of feces, urine, antibiotics, antibiotic-resistant bacteria, and toxic heavy metal that is sluiced from the floors of CAFO sheds; and is fermented for months before being sprayed on, and injected into the earth. “Satellite” refers to the currently recommended practice of placing them far from the farm headquarters [i.e. close to the neighbors] for convenience of application. These cesspits emit toxic methane and hydrogen sulfide gases at levels that are only permissible in rural communities. The week after you buy your house – a farmer could build one in the field next door.

Agricultural Laws: Prospective buyers are not informed of the legal ramifications of being a “non-farmer” under the state’s agricultural laws.

“The Agricultural Districts Law authorizes the Commissioner to issue opinions, upon request, concerning the soundness of specific agricultural practices. If the Commissioner determines that a practice is sound, the practice shall not constitute a private nuisance.”

“Article 25AA of New York State Agriculture and Markets law includes an Right To Farm provision which requires the Commissioner of Agriculture and Markets to resolve disputes about farm practices on farm operations within agriculture districts.”

Simply put: all Farmer v. Non-farmer disputes are adjudicated by, and for the benefit of, farming interests.

Health Hazards: In an incident involving Lansing’s biggest agricultural landowner — The United States Court of Appeals for the Second Circuit [Mather v. Willet Dairy] in finding against plaintiffs suffering from the effects of manure off-gassing that included brain damage in one child and the surgical removal of eyelids in an adult commented that agricultural laws: “may be inadequate for ensuring the safety of our environment and for protecting citizens from serious injury. But that is the remedy that Congress has provided and to which we are bound”

And my own experience of being sprayed with Roundup by an agricultural boom sprayer [while mowing my lawn] demonstrates that rural residents have no legal protection – even where there is a law.

Removal of previously Permitted activities – As demonstrated by the recent Lansing, NY Agricultural Zoning; any rural permitted activities [even those Permitted as of Right] can be stripped from rural residents — unilaterally removing the uses that the purchaser originally bought the land for.

The New York State Agriculture Disclosure Statement is usually handed to prospective purchasers at the closing; where its uninformative wording will not cause them to back out at this psychological moment – and leaving them no time for thought or investigation.

My attempts to persuade New York State to create an Ag Disclosure Statement that accurately disclosed the possible hazards of purchasing property in an Agricultural District have all been a complete failure.

When I approached Tompkins County legislators: urging them to supplement the NYS Ag Disclosure with a more purchaser friendly County disclosure statement: they too refused – stating that it was the local Board of Realtors and the County Agriculture and Farm Protection Committee who were the “stakeholders.”

The New York State Agricultural Disclosure Statement is the perfect legal instrument for protecting those who fraudulently profit from the ignorance of others.

More importantly, if you were to dig down through all this misconduct to the underlying fraud — the fraud that is the root cause of every rural policy and act — you would find that it’s not about “Agriculture” at all — it’s about money.

Politicians and Corporate Agribusiness have created a fog of “Agriculture” in rural New York: to hide the manifest injustice that takes place within it. The Agriculture lobby represents the most politically powerful and privileged group in the country — and the rural population is the most unrepresented and marginalized sector of the nation’s poor.

That makes rural people easily disposable. And when you’re disposable: you can’t be the victim of anything — even of fraud.

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Rural policy makers, Corporate Agribusinesses, and Land Grant Agricultural Colleges, are knit so close together that not one right or recognition of worth reaches the poor rural communities they lord it over.

Cornell’s College of Agriculture is the propaganda and rural policy arm of Urban Colonialism – presenting a vision of rural America as a place of farms and of recreation: and seeing the rural community as a threat to that vision.

The Secret Cornell 19

If you were to list all the actions that Cornell’s government and Cornell’s policy makers have taken against the rural community: it would be the same as despots and bigots have always used against those they targeted for hate and plundering. Agricultural Law steps beyond any pretense of equality; to treat the existing rural population as interlopers: who [as Cornell’s Cooperative Extension Policy Writer publicly proclaimed]: “don’t deserve to live there.” A lawmaking bias further supported by the New York State’s Commissioner of Agriculture and Markets ability to intimidate or compel local governments to modify anything that “unreasonably restricts farm operations” as well as the power to define what is a farm operation: “The New York State Court of Appeals has consistently ruled that these orders are entitled to administrative deference in the interpretation and administration of this important right to farm protection.”

It’s worth noting that New York State [and Tompkins County and the Town of Lansing] uses the word “important” whenever agricultural interests are mentioned. No one and nothing else in the rural community, including the health and well-being of its poor and marginalized people, is ever mentioned as being important.

[I’ve already written of how the Lansing Town Board unilaterally rubber-stamped a Farmers zoning plan to strip the non-farming rural residents of almost every land usage they were traditionally permitted.]

Hate? The county’s rural residents are vilified repeatedly as the ones who “restrict farming,” destroy farmlands with “rural sprawl,” and deplete natural resources through such actions as using well water.

The facts, however, reveal this to be pure propaganda: Cornell’s own Lansing Agriculture Protection Plan states: “Farming is alive and well in the Town of Lansing.” And mentions no restrictions or any attempts at restricting agriculture by the 200-year old rural community: who are unrepresented, poor, and too powerless to have any affect at all on the actions of farmers.

“Rural sprawl” is a term created by Cornell planners to obfuscate their own agenda of unrestricted “Urban sprawl” development in the town of Lansing.

And it’s the CAFOs that are destroying the rural landscape and depleting its natural resources – Lansing’s largest CAFO landowner uses more water in a day than 5,000 rural residents – and that’s just one CAFO.

Rural Lansing’s residents pay the same tax rates as other county residents; but get no services. County policy denies us any municipal water [even though CAFOs continue to pollute our wells with nitrates and coliform bacteria], no municipal sewers, no mass transit, and no law enforcement [well, we’re allotted one half of a deputy – he’s shared with another town.]

Land hungry CAFOs, urban sprawl development house pricing, and a “grab-and-go” bedroom community school system have taxed rural residents out of their homes and out of the county. From what was once a stable rural community; whose families could be traced back for generations: I’m frequently hearing; “I’m going to move . . .”

I can’t say Cornell’s rural policies and planning are destroying rural Lansing — because they’ve already destroyed it. All that’s left is the clean-up.

They’ve moved on to another victim they can “help.”

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Why is it that; in an area, and a state, dominated by giant CAFOs with thousands of cows kept in endless metal sheds, serviced by fleets of tractor trailers: government websites always illustrate farming with red wooden barns, and cows in a pasture?

To fool you, of course.

The Secret Cornell 18

You’re the NYSDEC.

You’re responsible for a program to clean up nutrient pollution in Cayuga Lake.

Your own documents show that Agriculture is responsible for more than four times the phosphorous pollution of all the other sources combined.

You need to establish a TDML: the maximum amount of a pollutant that a waterbody can accept and still meet the state’s Water Quality Standards.

You give the only Land Grant University with a College of Agriculture in the state: Cornell — the authority “to fund and manage a monitoring and modeling program with NYSDEC oversight.”

So how well did this work?

Press Release: “DEC Proposes New Phosphorus Limits to Protect Cayuga Lake Water Quality”

“Phosphorus comes from facilities that include wastewater treatment plants, municipal separate storm sewer systems, agricultural runoff, and other sources.”

Since the NYSDEC mentions Agriculture last — it’s not too hard to figure out.

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Agriculture is the biggest contributor to climate changing Methane emissions; and the only sector that is still increasing these emissions. The 2021 White House U.S. Methane Emissions Reduction Plan removes “Agriculture” from the featured Methane Emission by Source pie chart – and moves it down to number four in the Reduction Plan list: replacing regulations with “Incentive Based and Voluntary Partnership Efforts.” When you have that sort of power; and apply it to a powerless rural community — welcome to rural Lansing, NY.

The Secret Cornell 17

No matter how hard I’ve tried to bring the conditions of those living in rural Tomkins County to the attention of a wider audience; it never works out. But while the public may be uninformed – authorities have a clear picture of the abuse and marginalization of our rural communities: They should — they’re the source of it.

Rural people are the “Go-to” sacrifice for politicians and bureaucrats at all levels of government. The rural community is so powerless, and its issues so unreported — that every choice: from covering up CAFOs, to blatantly inequitable policy making is a “no-brainer” for insuring career longevity and reelection.

Rural governance is a recirculating pump that puts rural abuse in an endless loop of delays and denials. Here’s how it works:

I was mowing my lawn on a windy day: when an agricultural boom sprayer drove up to me – engulfing me in a large cloud of Roundup. I quickly went inside and cleaned up; but I had breathed quite a bit in before I could escape.

Immediately after the occurrence; I reported this incident to the Agribusiness that sprayed me: but they didn’t even offer an apology.

That night; I became dimly conscious that I was standing in the middle of the bathroom – vomiting all over myself and the floor and the toilet — and I didn’t even care. I crawled back into bed for 24 hours. And it took a full week for me to feel almost normal.

My complaint to the NYSDEC brought two investigators – and a report that needed a FOIL request to see. The investigation blamed me. It was reported that I expressed opinions against farming, and implied that I was either lying out of malice, or had sprayed myself — and ended with “Case closed!”

It is notable that the NYSDEC investigation into a herbicide drift poisoning never provided any facts as to the wind speed, wind direction, or application restrictions – and relied on assertions and suppositions to discredit my testimony and the incident itself.

I collected data from NOAA showing local wind speeds of 16-17 MPH – gusting to 23 MPH during the time of the incident: and along with a review of the NYSDEC report by an expert investigator of wide experience [who was concerned by its lack of facts and the appearance of bias]; sent them, with copies of the original investigation, and other reference material to state senators and representatives — everything was passed back to the NYSDEC.

The Regional Director responded that the DEC “reviewed this matter” and “the initial investigation was thorough” and “the decision not to pursue administrative or criminal enforcement was proper” — and again; offered no facts of any sort.

Last year I received a phone call from a former employee of that same Agribusiness: stating that he had read my account of herbicide poisoning in “Cornithaca County” and that the company had instructed employees to spray in conditions that were “too hot and too windy” to comply with Federal label application instructions; and to his knowledge of 46 gallons of Atrazine being illegally dumped in a ditch.

I gathered up this, and all the other information; and sent it to the New York State Attorney General’s office — they passed it all back to the NYSDEC. There has been no response.

Agricultural interests don’t have regulations — they have friends.

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Herbicide is everywhere in rural New York. People see it drifting over their wash lines — if they’re lucky. How would you like to dress your children in Roundup? What does this have to do with Cornell? Ask their College of Agriculture.

The Secret Cornell 16

You’re a world-class University/Corporation that is always seeking to expand. You despise the rural community that surrounds you; and you covet their land.

What do you do to after you’ve taken away their representation, and taken away their services?

You take away their freedom.

In Tompkins County’s “rich farmer – poor non-farmer” equation: there is no attempt at equitable treatment. Cornell’s “Urban Colonialist” government passes restriction after restriction on Lansing’s 200-year old rural community — Agricultural Law replaces administrative law – and corruption replaces conscience.

In 2023; Lansing’s Cornell-run government “expressly repealed and superseded” the existing Rural/Agricultural Zoning: Replacing it with a CAFO crafted Agricultural Zoning – unilaterally stripping 64 previously permitted land uses – even those “Permitted as of Right” – from 95% of the population — and “streamlining” the approval of all agricultural uses.

This manifest abuse of zoning power left the non-farming residents with just four permitted uses: a 1 or 2 Unit Dwelling, a Bed and Breakfast, or a Day-Care Facility – in an attempt to force all large parcels into the hands of expanding CAFOs [or risk leaving them exposed to a predatory tax structure.]

In recent years; urban-sprawl friendly zoning, new-development prices, and Cornell’s takeover of local government, have radically changed this once rural town. Agricultural Zoning is just one more step in the constructive eviction of Lansing’s rural community.

Why would those who have so much; rob and repress those who have so little? Like the gangster in Key Largo; they want “More.”

Tompkins County isn’t a representative government: it’s a gang. The Cornell gang.

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When I recount the abuse of rural people – I am frequently met with apathy. It’s hard to decide whether this miasma of low-level emotion is the result of being beaten with issues, or due to the non-appearance of rural America in the media. If the world is a spectator event – then the theater doors are locked. “Fire!”

The Secret Cornell 15

While Cornell’s Tompkins County Comprehensive Plan readily admits: “New York State clearly places land use authority in the hands of its towns, villages, and cities” – it urges local municipalities to renounce that duty; by offering bureaucrats an easier job for the same pay:

“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”

Expressing concern and offering to help by taking control is a classic opening gambit in expanding a government’s power – that government being Cornell.

What about the Legislative findings and intent of New York Town Law? – stating that town government should “assure full opportunity for citizen participation in the preparation of such proposed plan.”

Throwing the baby out with the bath water merely gives Cornell a clean basin to fill with their pickings — and a clean platform for a Form Based Code future. A future without the rural community.

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How do you fight a town government – that is defended by a lawyer that is paid with your taxes? When they are backed a County that is controlled by a world-class university with its own law school? And you don’t have the money to fight – and no one will stand up for you?

I don’t know.

The Secret Cornell 14

How do you value a university that has no value for anyone else?

If you were to put all the responses of College authorities to issues that affect the rural community into categories — the largest category would be: “not answering.” In fact: in fifteen years of sending books, emails, and letters: I have only gotten one response:

Stating that the concept of rural people being deliberately marginalized and underserved comes from those who “lived in simpler times.”

The question of acting to stop rural poverty and marginalization is buffered with denial in local colleges. How different from the “inexcusable” and “unacceptable” labels that are pasted all over Tompkins County’s city-centric issues.

It’s revealing that Cornell’s “Rural Humanities” focuses on stories of LGBTQIA+ and Black lives – ignoring the plight of the county’s rural residents and reinforcing their tacit approval of “college friendly/rural repressive” policies.

When progressives are confronted by difficult questions and unwelcome answers: they always run home to doctrine.

So what happens when a disproportionate number of men die from COVID-19?

The County Health Department removes that gender data from the COVID demographics – only race and ethnicity are allowed to remain.

An interesting choice for medical reporting – and for a college with a medical school.

In Tompkins County; “overarching” policies have progressed to all-controlling ones — and only doctrinal “fact gathering” is allowed.

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I received a notice of some AI book writing opportunity — I showed it to my copy machine. Our future of combining AI and self-worth will result in a flood of books from people who can’t distinguish between self-expression and communication. AI is a “lossy” technology: and when you want to remove the clutter and conflict from AI-Human interaction – what [or who] will you remove? That’s not our future? Who told you that? The same people who told you climate change was a fable?

What does this have to do with my post? Conformity and authority are creeping into everything.

The Secret Cornell 12

When I call Tompkins County’s policy making fraudulent; it’s not just mud throwing:

Their actions fit the legal definition of fraud.

Then why isn’t anybody doing something about it?

Because our worth has been set at keeping Cornell happy. Cornell’s only wrongdoing is not getting what they want.

Tompkins County authorities are creating a society that is greater than its rural community – and does the clay decide how it will be formed by the potter’s hands? Does the clay have the right to object to being molded and fired into an unchangeable shape – for the molder’s use?

Cornell’s “Quid Pro Cronyism” of interlocking corporations, institutions, and interests: is the model for a centrality that is sucking the last bit of nutrient from between the weaves of our unraveling society — there is no one left to turn to.

In Tompkins County; fraud is not an isolated issue: it’s coupled with every kind of ethical and legal misconduct that a planner or authority can be charged with: From refusing to follow the regulations and intent of New York State Town Law and ignoring the Best Practices of the American Planning Association – to Unconscionable Contracts written by authorities in a position of public trust.

And more damning, if possible, there is not one fact, action, or planning “vision” that contradicts this statement.

It’s the perfect circumstantial case — that no one wants to bring to court.

$$$

So much misconduct – so little concern. Where’s an investigative journalist when you need one? Probably lunching in a trendy restaurant: concerned with profitable stories on worthwhile issues. Rural people are the “outliers” in the journalistic data set – never a part of the Summary or Conclusion.

The Secret Cornell 11

Our rural road woes are not limited to through haul trucks.

Drivers routinely pass on the double yellow line; and big trucks drive on whatever side of the road is convenient for taking the curves at speed.

Two times in four years; Medevac helicopters landed in my front yard to airlift road accident victims.

And still; we have been refused any sheriff’s patrols or traffic enforcement; or even acknowledgement that there is a problem.

Our County Legislator and the Town’s Deputy Supervisor said that we would gain their support with a petition. Going door to door for signatures – 95% of the residents signed its request for a 40 mph speed limit on our unposted 4.8 mile rural road.

But the legislator and deputy supervisor would neither sign nor support the petition – and stopped all further communication.

And the NYSDOT’s adjudication of our petition gave us a mocking 50 mph speed limit posting for just six-tenths of a mile.

Persevering; we used a webcam and recognition software; compiling data that showed a 40 mph average speed, and 45 mph 85^th percentile – and gathered more research material: including screen shots documenting the disturbing fact that Google Maps is now recommending our road as quicker route than using the state highway a mile away.

We emailed this evidence to the planners and officials involved at the local, county and state levels – asking for their support for a 45 mph speed limit: in compliance with 85 percentile “best practices” – and especially noting the seriousness of the ongoing rerouting of highway traffic.

The County Highway Director replied:

“I feel I can speak for everyone that our show of support for a reduction comes in the manner of submitting a request to the state for those purposes.”

It’s one of the defining features of our collegiate run government; that officials have such an educated way of telling the rural residents: “You can go f**k yourself.”

Our Town Supervisor took a month to reply that they would discuss the possibility of supporting our request at a Town Board meeting – in another five weeks. Here we go again.

While everyone repeatedly tells us what we need to do; no one has actually helped or supported our efforts. Instead, they keep shining us on to another group; who in their turn; pass us on to the next.

It’s local, county, and state authorities: performing in a three act farce – spinning, allotting, and killing the hopes of rural residents. Tompkins County’s rural community is never helped or supported by Cornell’s policy makers. Instead: we’re constantly reminded that we need to follow the proper procedure – and meet those conditions that can never be met.

In 1981, noted anthropologist Janet Fitchen wrote:

“The real tragedy of these small enclaves of marginality and poverty is that people are playing a game of life that has been structured in such a way that they are required to play but prevented from winning”

It’s a situation that still exists. All that’s changed is that the college that traditionally ignored our rural poverty and marginalization – is now taking advantage it.

$$$

It’s been more than five years of effort to effect a meaningful solution: Following the required routes – that always lead us away from any possibility of a happy destination. It’s a Kafkaesque bureaucracy without a beginning or an end. An “Official Use Only” door at the foot of the Cornell monolith.

“Native Americans” bumper sticker

Were the "Native Americans" an Invasive Species?

Our new society is built on a foundation of privilege and hate. It fosters a polarization through its insistence that society needs to be stratified by race, gender, and ethnicity: under an overarching Authority.

Like all privileges supported by bigotry – its foundations are not open to debate: But they are ever-vulnerable to satire.