A primer on open government...

Blog Index:

1) Preface: On Preservation of the Natural World

2) Current Status of "Stabilization".

3) Introduction…

4) Temporary Restraining Order in Place...

5) How it all Started...

6) "Friends of Oatka Park" Protest...

7) Winter along the Creek…the park through the seasons of the year.

A primer on open government:

This blog is a running account of the events which started near the end of July 2009 this past summer in the Town of Wheatland to construct soccer playing fields. They were hatched nearly a year prior…behind closed doors, under the table, in a smoke-filled back room, and during darkness of night…as the old story goes!

(At the bottom of each blog page you can click on "older posts" to move on through the blog. Every time you do this, the header page will reappear and you will need to scroll past it to continue reading. The blog tells the entire story of the recent events at Oatka Creek Park and then shows the natural beauty of Oatka Creek Park though the seasons of the year. You can click on the small pictures to increase their size.)

This story serves as a typical example of what most sane people detest: Events which fuel constant property tax hikes, more taxes every time the next shoe drops, and more of "same old, same old".

Paying taxes is a part of citizenship when it provides the revenues to keep us safe, deliver public services we can't afford individually, and funds the necessary resources to operate our communities.

When these tax revenues tilt in the direction of "making work" for the sake of building political empires and creating a hidden infrastructure of back-slapping buddies who empty our pockets, then it has gone well beyond the scope of "the cost of citizenship".

For example, every time I hear the mower coming down the street across from my home, cutting down the wild flowers along the shoulder and making a mess out of something natural which otherwise looked pretty good to me, I am reminded that somebody is being paid to run that mower, somebody bought that mower, somebody pays for the fuel to run it, and more somebodys will maintain that mower into the distant future. This and many other "nice things" like olympic running tracks at our local high school, etc are hardly what we need in order to survive sustainably. If we really want all this stuff, we can most certainly expect more and more taxes from now on well into the future. Just maintaining all the "stuff" already materialized will be a guaranteed struggle.

Sadly, if we don't continue to maintain these things, some decent people will loose jobs who now do that work and they will need to find other more sustainable things to do. Thus the vicious cycle of "getting and maintaining unnecessary/unsustainable goodies" with our taxes (tails) and paying out fewer tax dollars (heads) are on opposite sides of the coin. This coin is a fair coin…heads we win, tails we loose.

The coin now being tossed seems to constantly give us heads we loose, tails we loose and something is decisively wrong with it which can only be fixed in the voting booth.

If you are personally elated with your local property taxes and "same old, same old thinking" then don't vote at all or vote for the same people on the blue poster boards around this Town.

Read this blog about the incredible story of how the blue poster folks have served us recently and keep it in mind when you go out to vote!

Unfortunately the latest decision as of 16 October 2009 regarding the soccer fields is "full speed ahead". We now may have one more "goodie" and local nuisance to maintain well into the future unless appeals are mounted and the one in a bazillion odds move in favor of the improbable.

Oatka Creek Park is not alone in attack by development pressure. Read more about "Parks Preservation in Monroe County, NY".

Contact "Friends of Oatka Park" here:
friends.of.oatka.park@gmail.com

Preface: On Preservation of the Natural World

(Katmai National Park/PBS photo)

"The National Parks: America's Best Idea" is a documentary series produced by filmmaker Ken Burns and was recently aired on PBS TV. It emphasized the fact that it has been a tireless struggle by those who appreciate the natural world and choose to save some of the most beautiful places across this country from being plundered by those motivated by financial profit, personal gain, or limited interests. Preservation of these natural wonders for all future generations to enjoy is a higher order than their plunder for the immediate personal gain of narrow special interests.

(Olympic National Park/PBS photo)

Nature can not be improved upon and is best enjoyed and cared for by preservation and a light footprint placed upon it. Mother nature alone is the best guardian of such places. When men unduly interfere, ugly results often follow and unintended consequences may emerge.

On a much smaller scale, our local parks and public places often encounter similar issues regarding the extent of development applied to them. To the degree that development occurs wisely and in places where appropriate, it may serve the general public well. However, to the extent that development is applied unwisely, it can ruin the natural quality and appeal of once attractive places which nature cared for entirely on a no cost basis.

Here in the Town of Wheatland we have a recent example of our elected representatives serving limited special interests and collaborating in the development of a unique nature park without general public input. In fact, some Town board members appeared to have been uninformed when challenged about the work being done at Oatka Creek Park to install two soccer playing fields in an old field wildlife habitat.

Our elected officials and appointed trustees of these natural places should carefully consider what they do when developing these public resources in terms of who they may benefit and what they will cost all the citizen taxpayers to maintain when mother nature ceases to be their custodian.

Now is the time to reconsider which public representatives will provide open government and serve everyone and not just a few when new initiatives arise. Seldom will all citizens ever agree on any given change but they will most certainly be more satisfied if they at least have an opportunity to comment on how their taxes are being spent through a public forum if they choose to become involved.

Current Status of "Stabilization".

The article 78 petition by the "Friends of Oatka Park" for the purpose of terminating the construction of two terraced soccer fields at the main entrance of Oatka Creek Park was continued on 16 September 2009 at which time the justice presiding in the first hearing was replaced by a new justice. The decision consisted of two orders by the new justice after hearing motions by the "Petitioners...Friends of Oatka Park" and the "Respondent...County of Monroe".

The first order in the decision stated that the initial temporary restraining order be modified to allow the Respondent to perform work at the subject site consistent with its stormwater prevention plan (SWPP), including but not limited to grading, seeding, and measures intended to minimize or eliminate exposed soils, erosion, and runoff.

The second order stated that the temporary restraining order as modified by the first order shall remain in force until such time as the Court rules on the balance of the parties' motions and cross-motions.

Offhand, this sounds like a victory for the Petitioners, however, it amounted to giving the driver of a car the permission to apply his brakes only after the car was plunging over the side of a cliff. Big help! The Respondent's interpretation of the order resulted in a logical continuation of the project as if nothing ever happened at all. The "balanced cut and fill" procedure in which the upper terrace was being constructed, continued exactly as it had originally commenced only with additional cuts into the parking lot berm and deeper cuts into the top terrace level in order to achieve a volume of fill suitable for leveling the upper terrace level. The concept of adding insult to injury comes to mind!

This was indeed a hollow victory for the Petitioners! The only future bright prospect imaginable was that the next hearing might actually produce a resounding decision to prohibit the playing of soccer on this site regardless of the extent that the fields were developed at the end of alleged "stabilization".

The ideal decision in my imagination would be that not only the project be ceased and never continued but that the Respondent be obliged to restore the site to original grade by means of hand tools and at his own expense with final inspection and approval of the restoration by the Petitioners.

The pictures associated with this text show the present status of the "stabilization" procedure which has basically completed the upper terrace level field and reapplied the top soil there. The lower field remains uncompleted and apparently was not "stabilized" as a result of the monsoons which have descended upon the area for the past few weeks or the consideration by the Respondent that doing work to complete the lower terrace level might actually fly in the face of "stabilization" and be ruled as contempt of court.

Regardless of outcome, Oatka Creek Park has been severely raped in terms of the original natural place it had almost returned to as a result of cessation of human effort to "improve it". Mother nature had almost prevailed but got beaten in the end game.

DECISION:

On 16 October 2009, Judge John J. Ark, Supreme Court Justice made the following ruling:

"The Court, while acknowledging petitioners' legal standing, and granting them leave to file and serve their Amended Verified Petition, is nevertheless unconvinced that respondent acted in an arbitrary and capricious fashion.

Accordingly, it is the Decision of the Court that petitioners' superseding Article 78 Amended Verified Petition be, and it is hereby, DISMISSED, with prejudice.

It is the further Decision of the court that the Temporary Restraining Order halting construction in Oatka Creek Park of two proposed soccer fields be, and it is hereby, VACATED.

This Decision shall constitute the Order of the Court."

Since this decision was made, the "stabilized" upper mud flat/soccer field was seeded and work appears to have been suspended for the winter. In spite of considerable drying time and efforts by Monroe County Parks Department to drain large puddles on the upper terrace, the field appears to be a potential swamp in the future unless more investment in drainage features is installed. Thus the construction of something of this magnitude on the cheap and in an inappropriate location has come home to roost and it is not pretty.

The Friends of Oatka Park have filed an appeal to the decision by Judge Ark which seems in his own words to be equally "arbitrary and capricious".

Introduction...

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WARNING

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This blog contains graphic material which may be disturbing to naturalists.

Viewing discretion is advised.

This blog is intended for the purpose of graphically depicting the natural beauty of Oatka Creek Park through the seasons of the year. Until recently, this park has had very limited development within its boundaries with the exception of a lodge and surrounding mowed open playing field for random events such as disorganized softball games, frisbee throwing, pitching of tents for Boy Scout activities and other similar events which find the natural setting of this park the primary attraction. The only other developed areas within the park are the trails though "old field" and "shrub upland" which would otherwise close up without some occasional attention and would make walking there a major endeavor.

The really beautiful trails are those within the deciduous forested areas where simply walking on the trails maintains them without human intervention.

This park therefore has a relatively low cost of ownership since it does not require extensive maintenance to keep it functional as a gem for horseback riding, walking on trails, nature photography, fishing, wading in the creek, walking of dogs, bird-watching, geocaching, picnicking, and all the sorts of things that most people seek when they have little more than a small yard with perhaps just a few trees and would like to escape to an unspoiled natural wonderland.

The "Friends of Oatka Park" is the owner of this blog and firmly protest the intended development which has started here at the main park entrance to construct two soccer fields. This proposal as with many actions, has a simple origin and was not unreasonable initially. The Scottsville Athletic Association encountered difficulty getting playing fields during the peak times when everyone wanted a soccer field at the same time. For various reasons fields seemed to be scarce. Some investigation into that aspect has yielded a considerable number of fields which will be available from now on.

Since there initially appeared to be a need for more soccer fields, the Town of Wheatland made some unsuccessful attempts to locate and construct fields in more developed places around the town but did not materialize any results. This next led to inquiries to the Monroe County Parks Department through internal political connections and Oatka Creek Park looked like a site for the project.

It was the back-room deals out of public view or citizen input which "Friends of Oatka Park" most greatly detests. The process or "lack of process" to date, regarding this soccer fields project kept only the interested parties informed until the project was underway and obvious to nearby residences and park users. When the machinery for discussing needs and solving problems is run properly in the open, and appropriate citizens are informed, it is generally possible to achieve acceptable solutions. It is the back room and under the table tactics which make most citizens skeptical of government and distrusting of what has now been reported as a wonderful resource for all of Monroe County.

I am reminded of the amusing parallel of George W. Bush, then president, commending the Director of FEMA after the Katrina disaster in New Orleans, "Brownie", with the blessing: "Brownie, you're doing a heck of a job!"

When I received my formal response from our Monroe County Executive regarding this issue, I could hear her commendation to the Director of Monroe County Parks Department: "Larry, you're doing a heck of a job".

The "Friends of Oatka Park" would like to see this project permanently stopped and the "already raped site" restored to some semblance of its original condition perhaps nurtured along the way with extensive reseeding of wild flowers or other appropriate vegetation which make the park entrance attractive again rather than an eye sore. This would avoid a guaranteed future cost of ownership as well as a perpetual nuisance during soccer season.

Temporary Restraining Order in Place...

This is the current state of the site chosen by Monroe County Parks Department within Oatka Creek Park to install two soccer fields. Work has ceased until 16 September 2009 at which time an article 78 proceeding will determine what will happen to a place which was formerly enjoyed by people who do not find scheduled group-sport a suitable activity for a nature park.

How it all Started...

It seemed strange that the open area in this picture, formerly an "old field" community/habitat type, with milkweed and a wide variety of other plants was mowed to ground level. This coincided with a period during which the park trails elsewhere had been ignored well beyond the regular summer maintenance interval and were returning to nature. I first thought it was just stupidity in play or make-work mowing but it turned out to be preparation work for intended soccer fields.

This "old field" which was originally an abandoned farm field was undergoing a process of succession in which nature restores a place through a transition of growing states sometimes back to what it may have been when the country was first discovered. Progress of succession was somewhere along in the order of 30 or more years at least. Thus recovery to bring it back if this project ceases will be lengthy but worthwhile in order to preserve wilderness and wildlife habitat.

The local citizens realized that something was about to happen when the heavy equipment moved in after the mowing job and removed the "upland shrub" which was forming around the "hedge row" behind the bull dozer and along the "deciduous forest" not visible in the photo to the left. Approximately 100 relatively large trees were also removed along the southern deciduous forest and the western hedge row.

This was the point at which the concerned citizens succeeded in stopping the next intended phase of the project for the grading of the site into two level and terraced soccer fields. The basis for halting the work was the "minor oversight" by the County that this project covered 3.5 acres and not the considerably smaller acreage originally claimed in the initial documentation which put the project forward. At this point the County proceeded to amend the first erroneous documentation into a newer more advanced level of erroneous documentation. The efforts of discovery by the "Friends of Oatka Park" to contest the new version went to Judge Barry of the New York State Supreme Court and were successful in stopping the dozers at least until 16 September 2009. Unfortunately just prior to the temporary restraining order, considerable excavation had already commenced in the process of producing the terraces for the soccer fields.

"Friends of Oatka Park" Protest...

On 25 August 2009 a protest was held by concerned citizens who choose to preserve the natural beauty of Oatka Creek Park and avoid bussed-in/drive-in activity for group sport and scheduled events in a place not appropriate for stadium-type congregation.

They detest the standard argument that the proposed soccer fields now in progress are a tiny part of the entire park. This statement in numerical terms is correct but it would be like wearing sneakers to a black tie event when wearing a tuxedo...perhaps accompanied by a striped beanie with a propeller.

"Propriety" seems to be something not well understood by the director of the Monroe County Parks Department.

The group known as "Friends of Oatka Park" have attempted by every public forum possible to engage the Town of Wheatland and the Monroe County Parks Department who are collaborating on this project to consider better alternatives. Given no interest to stop the dozers, the last resort has been to sue the lead agency of this project in an article 78 petition. Work is now stopped pending a hearing on 16 September 2009.