Mayor's Statement About the Sewer Issue

WELCOME ALL

WE ARE HERE TODAY BECAUSE DR. EASTWOOD AND THE MIDDLETOWN SCHOOL BOARD FILED AN ARTICLE 78 COURT CASE AGAINST THE CITY INVOLVING THE SEWER LINE SERVING THE NEW CHORLEY SCHOOL.

THEY CHOSE THE ROUTE OF LITIGATION WHILE WE WERE IN THE MIDDLE OF NEGOTIATIONS. I FELT WE WERE MAKING TREMENDOUS PROGRESS WITH THE STATE EDUCATION DEPARTMENT THROUGH THE EFFORTS OF ASSEMBLYWOMAN GUNTHER. IT WAS QUITE OBVIOUS TO ME THAT IF WE CONTINUED TO TALK TO EACH OTHER, THIS ISSUE WOULD HAVE BEEN RESOLVED BY NOW.

IN FACT, THE CITY MADE SEVERAL OFFERS THROUGHOUT THE EARLY TALKS. ONE OF THOSE OFFERS WAS TO JOINTLY PURSUE STATE FUNDING. IF SUCCESSFUL, THE CITY, RECOGNIZING THE LONG TERM BENEFIT TO OUR CITY RESIDENTS, WOULD PAY THE SCHOOL’S LOCAL SHARE OF ANY STATE FUNDING. YOU CANNOT BE ANY MORE REASONABLE THEN THAT.

I BELIEVE WHAT IS REALLY AT STAKE HERE IS THE RIGHT TO ASK QUESTIONS, TO QUESTION OUR BOARD OF EDUCATION AND SUPERINTENDENT AND RECEIVE HONEST ANSWERS.

WE CAN DISAGREE WITH THE BOARD, BUT THAT DISAGREEMENT BY AN INDIVIDUAL OR A MUNICIPALITY SHOULD NOT BE MET WITH THE SCHOOL DISTRICT TRYING TO DESTROY THE PERSON WHO DISAGREES WITH THEM, USING SCHOOL RESOURCES, TAXPAYER FUNDS, MAILINGS ETC.

THERE IS SOMETHING WRONG WHEN THE MAYOR AND SCHOOL SUPERINTENDENT DISAGREE, THAT THIS DISCUSSION EVOLVES INTO NAME CALLING, FALSE, MISLEADING MAILINGS, CRIES FROM DR. EASTWOOD THAT WE ARE “HOLDING THE CHILDREN HOSTAGE” AND OTHER RHETORIC THAT HAS TAKEN PLACE ON THIS ISSUE.

AS YOU READ OUR RESPONSE PAPERS, YOU WILL FIND THAT THE DISTRICT’S SUPPORTING PAPERS ARE RIFE WITH FALSE OR MISLEADING FACTUAL ASSERTIONS AND THEIR LEGAL ARGUMENTS ARE MERITLESS, IN SOME PARTS ACTUALLY FRIVOLOUS.

AGAIN, OUR RESIDENTS HAVE EVERY RIGHT TO QUESTION ACTIONS BY THE BOARD OF EDUCATION, EITHER INDIVIDUALLY OR THROUGH THEIR ELECTED OFFICIALS.

WE HAVE A HISTORY IN THIS COMMUNITY OF BOARDS OF ED TELLING US THAT BUILDINGS ARE NO LONGER SUITABLE FOR SCHOOLS AFTER SPENDING MILLIONS OF DOLLARS TO RENOVATE THEM. FOR EXAMPLE, LIBERTY ST., ALBERT ST., ACADEMY AVENUE, ALL SCHOOL DISTRICT BUILDINGS THAT THE PUBLIC WAS TOLD NEEDED TO BE REPLACED, YET TO THIS DAY AND AFTER SPENDING MILLIONS, THEY CONTINUE TO OPERATE AS SCHOOLS.

IN THIS CASE, IN A DISTRICT THAT HAS IN EXCESS OF 40,000 RESIDENTS AND MORE THEN 15,000 VOTERS, AROUND 700 VOTED ON THE REFERENDUM. WHY? IT WAS HELD A WEEK BEFORE CHRISTMAS IN 2008! THIS TOO IS WRONG.

WE NEED TRANSPARENCY AND TRUTH IN THIS PROCESS AND WE ARE NOT GETTING IT HERE FROM DR. EASTWOOD OR THE BOARD.

OUR PAPERS CLEARLY SHOW THAT DR. EASTWOOD IS NOT BEING TRUTHFUL TO THE DISTRICT AND HIS VERY OWN BOARD IN MANY AREAS.

WE SHOW EVIDENCE THAT WHILE DENYING TRUMAN MOON IS CLOSING AS AN ELEMENTARY SCHOOL, DR. EASTWOOD SUBMITTED DOCUMENTATION TO THE COURT AND THE STATE INDICATING IN HIS OWN WORDS THAT THE SIZE OF THE NEW SCHOOL IS NECESSARY BECAUSE THE NEW SCHOOL WILL COMBINE THE OLD CHORLEY AND THE TRUMAN MOON POPULATIONS.

ALSO, WHILE THE CITY TAKES NO POSITION ON THE DEMOLITION OF CHORLEY, WE POINT OUT THAT THE STATE EDUCATION DEPARTMENT IS NOT THE ONLY STATE AGENCY TO WHOM EASTWOOD HAS TOLD ONE THING AND THEN TOLD THE PUBLIC AND HIS BOARD JUST THE OPPOSITE. WE SUPPLY DOCUMENTATION OF CORRESPONDENCE WITH NYS OFFICE OF HISTORIC PRESERVATION AND VIDEO RECORDINGS OF PUBLIC BOARD MEETINGS FOR THE PUBLIC AND BOARD TO COMPARE.

WE HAVE VIDEO OF DR. EASTWOOD STATING VERY LOUDLY TO THE BOARD THAT THE FIRST TIME HE HEARD ABOUT THE SEWER ISSUE IS WHEN I CAME TO THE BOARD MEETING IN APRIL OF 2010. THIS IS NOT TRUE.

WE SUPPLY A VIDEO OF THE SCHOOL DISTRICT’S ARCHITECT STATING THAT MR. TAWIL, DPW COMMISSIONER, NOTIFIED THE DISTRICT IN OCTOBER, 2008 OF THE SEWER PROBLEM. WE PROVIDE E MAILS INTO MARCH OF 2010 ADVISING THE DISTRICT THAT THE DESIGN ENGINEER HAS YET TO MEET WITH THE CITY ENGINEER TO REVIEW PLANS.

WE DOCUMENT CLEARLY THAT IN OCTOBER OF 2008, THE CITY REQUESTED PROJECTED WATER USAGE FOR THE PROJECT. THIS WOULD BE USED TO EVALUATE SEWER REQUIRMENTS. THIS WAS NEVER PROVIDED TO THE CITY UNTIL DECEMBER OF 2009. THE DISTRICT HAS NEVER GIVEN AN EXPLANATION WHY THEY WAITED SO LONG. YET, DR. EASTWOOD CLAIMS PUBLICLY THAT THE CITY IS DELAYING THE NEW SCHOOL.

THROUGHOUT OUR LEGAL RESPONSE PAPERS, YOU WILL FIND MANY MORE EXAMPLES OF DR. EASTWOOD SAYING ONE THING TO THE STATE AND ANOTHER TO THE BOARD OR PUBLIC.

DESPITE ALL OF THIS, I CONTINUED TO REQUEST MEETINGS WITH THE DR. EASTWOOD AND THE BOARD IN HOPES OF RESOLVING THIS ISSUE. THE RESPONSE WAS CLEARLY NO!

I ATTENDED BOARD MEETINGS, ONLY TO HAVE MY MICROPHONE SHUT OFF.

WE HAD ONE VERY BRIEF MEETING WHEN WE EXCHANGED DOCUMENTS ON THE CASE. THE OTHER MEETING WAS HELD JUNE 30, IN ALBANY WITH ASSEMBLYWOMAN GUNTHER AND THE DIRECTOR OF EDUCATION FACILITIES, MR. CHARLES SZUBERLA.

I FOUND THE MEETING TO BE VERY PRODUCTIVE AND HOPEFUL. THE CHAIRPERSON OF THE ASSEMBLY EDUCATION COMMITTEE, ASSEMBLYWOMAN NOLAN, ATTENDED BRIEFLY AND OFFERED HER SUPPORT TO FINDING A RESOLUTION.

WE, THE CITY AND DISTRICT, HAD AN OPPORTUNITY FOR STATE FUNDING ON THIS PROJECT. GUNTHER AND SZUBERLA REQUESTED MORE DETAILED COST ESTIMATES TO MOVE THE PROCESS ALONG IN A POSITIVE MANNER.

THAT NIGHT, THE CITY COMMON COUNCIL PASSED A UNANIMOUS RESOLUTION OFFERING TO SHARE THE COST OF THE EVALUATION WITH THE DISTRICT IN HOPES OF EXPEDITING THE STATE AID. DR. EASTWOOD AND THE DISTRICT SAID NO.

WE OFFERED TO BOND THE PROJECT FOR THEM TO AVOID DELAYS, THEY SAID NO.

WE OFFERED TO SHARE THE COST WITH THEM ON A 50 / 50 BASIS, AGAIN THE DISTRICT SAID NO.

WE MADE OTHER OFFERS OF SETTLEMENT THAT INCLUDED PAYING THE DISTRICT’S ENTIRE LOCAL SHARE OF THE PROJECT, THEY SAID NO.

RATHER THEN NEGOTIATE; THE DISTRICT WENT ON A PUBLIC RELATIONS SMEAR CAMPAIGN, USING TAXPAYER DOLLARS.

AS WE SHOW IN OUR PAPERS, THESE ACTIONS ARE MORE THEN A DISAGREEMENT AMONG ELECTED OFFICIALS.

FIRST OF ALL, THE COST PRODUCING AND MAILING THESE MUDSLINGING, MISLEADING DOCUMENTS PROBABLY EXCEEDED THE COST OF THE DISTRICT’S SHARE OF THE SEWER EVALUATION.

IT IS CLEAR THAT THE INTENT OF THE DISTRICT UTILIZING OUT OF CONTEXT QUOTATIONS IN THE TAXPAYER FUNDED MAILINGS WAS TO DECEIVE THE PUBLIC.

ONE MAILED DOCUMENT CONTAINED THE NAMES OF 8 BOARD MEMBERS PRINTED ON THE BACK.

I WOULD HOPE THAT AFTER WATCHING THE VIDEO TAPE AND COMPARING THE MAILING TO THE TRANSCRIPT PROVIDED, DR. EASTWOOD AND THE BOARD WOULD CLARIFY THAT THESE COMMENTS IN THE MAILING WERE INAPPROPIATE.

WHOEVER CHOSE TO QUOTE ME OR MISLEAD OUR PUBLIC AND USE TAXPAYER DOLLARS TO SEND IT OUT IS WRONG.

WITHOUT RETRACTION BY DR. EASTWOOD, THE BOARD AS A GROUP OR INDIVDUALLY,
THEIR FAILURE TO ACKNOWLEDGE THIS TYPE OF BEHAVIOR WOULD CONSTITUTE PROTECTING A “LIAR OUT OF CONTROL.”

THAT PERSON SHOULD BE IDENTIFIED AND REPRIMANDED FOR ABUSING TAXPAYER DOLLARS.

WE HAVE PROVIDED A TRANSCRIPT AND VIDEOTAPE OF MY COMMENTS. YOU BE THE JUDGE AFTER REVIEWING THEM.

IF THAT WASN’T ENOUGH, THEY DID A SECOND MAILING WHICH CONTAINED SEVERAL FALSE STATEMENTS.

THEY CLAIM THE CITY DOESN’T HAVE ENGINEERING REPORTS. WE PROVIDED THE REPORTS TO THE DISTRICT LONG BEFORE THE LAWSUIT WAS FILED.

THEY CLAIM THAT CITY NEVER USED ITS SEWER CAMERAS TO INSPECT THE LINE CONDITION. NOT TRUE. WE SUPPLIED THE PICTURE OF THIS LINE TO THE COURT.

THEY COMMENT THAT THE CITY PREVIOUSLY APPROVED THIS PROJECT. NOT TRUE. THE CITY APPROVED ONLY THE SUBDIVISION IN 2009 AND REQUESTED ADDITIONAL INFORMATION FROM THE DISTRICT.

IT IS NOT PRODUCTIVE FOR THE CITY AND SCHOOL DISTRICT TO BE ENGAGED IN THIS SUIT. AS JOHN PERRINO STATED DURING ONE OF THE BOARD DISCUSSIONS, THE CITY NEEDS A GOOD SCHOOL DISTRICT AND THE DISTRICT NEEDS A VIABLE CITY. WE NEED TO WORK TOGETHER.

WE CAN DISAGREE, BUT WE SHOULD DO SO RESPECTFULLY AND HONESTLY.

OUR POSITION IS THIS IS AN ISSUE OF FAIRNESS. THE MAKE UP OF THE DISTRICT IS THE CITY IS ONLY 50% OF THE DISTRICT. BY SHIFTING THE COST OF THIS SEWER LINE TO THE CITY, 50% OF THE DISTRICT WOULD BE PAYING FOR 100% OF THE COST.

WE PROVIDED SEVERAL CASES STATEWIDE WHERE THIS TYPE OF COOPERATION BETWEEN SCHOOL DISTRICTS AND MUNICIPALITIES HAVE TAKEN PLACE. IT IS CLEARLY LEGAL AND WE DEMONSTRATE THIS TO THE COURT.

WE STILL HAVE TIME TO RESOLVE THIS ISSUE WITHOUT LITIGATION. AFTER VIEWING BOTH SIDES OF THE DISAGREEMENT, I CAN ASSURE THE BOARD OF EDUCATION THAT THE CITY WOULD LIKE TO SETTLE THIS MATTER SO WE CAN JOIN HANDS AND WORK TOGETHER TO BRING ABOUT A NEW SCHOOL AT CHORLEY.

NOW WE’RE UP TO DATE ON THE ARTICLE 78 AND THE CITY RESPONSE. WE WILL BE POSTING ON OUR WEBSITE THE DISTRICT’S CLAIM AND OUR RESPONSE FOR PUBLIC REVIEW.

ANY PERSON WHO WOULD LIKE IT E MAILED TO THEM, PLEASE SUBMIT A REQUEST TO MAYORDESTEFANO@YAHOO.COM. IF YOU WOULD LIKE TO REVIEW A HARD COPY OF THE PAPERS AND WATCH THE VIDEO, YOU CAN DO SO IN MY OFFICE DURING REGULAR BUSINESS HOURS.

QUESTIONS ?

Dr. Mauro offers public support to Mayor

Dear Mayor DeStefano:

I am sure you viewed the end of last nigh'ts board meeting, and saw both Mr. Geiger and Dr. Eastwood prohibited my ability to ask about the changes in the student to teacher ratio in the high school. This figure is a good indicator of school crowding. Rather than answer my question, Mr. Geiger tried to silence me and give Dr Eastwood the last word on the topic. Even in his obfuscating reply to my question, Dr. Eastwood never gave the changes in the teacher to student ratio in the high school for the past few years. Instead, Mr. Geiger, Mr. Estrada and Dr. Eastwood tried to characterize me in the eyes of the public as merely a disruptive board member. These attempts at silencing freedom of speech are neither nothing new, nor confined only to me. I remember when they would not allow you to speak about the PLA issue at a board meeting, and you are aware of their federal lawsuit with Mr. Hoefer. By silencing us, Mr. Geiger and Dr. Eastwood are denying the the public their right to know, and are taking away our freedom of speech.

I like many people in the area are well aware of the propaganda campaign of misinformation Dr. Eastwood has waged against you and the city government over the sewer issue. From my own dealings with Dr. Eastwood, I neither believe nor trust him. With his majority of lackeys on the board, it is unlikely that the board will deviate from his position on the current sewer issue. Although I am well aware of how Dr. Eastwood and other board members have damaged my public reputation, for what it is worth, I would like to offer you my confidence and support as mayor.

Please have my comments circulated within the city government.

Thank you.

Regards,

Dr. Nicholas A. Mauro

Can District afford to build new school?

Recently, it has come to our attention here at "Inside Middletown Schools" that there may be an alternative reason why Dr. Eastwood may be so resistant to a compromise.

It has been suggested that the district currently may not have enough money to build the new school in its planned form, and that Dr Eastwood may be trying to scapegoat and blame to Mayor for the district's inability to build the new school.

Let's also remember that Dr. Eastwood stated in September that the new school would not be built unless we break ground this month. Why the deadline? Why is he so quick to give up? We will investigate this rumor. Stay tuned.

Is "Big Brother" Going to Prevent the Building of Our Elementary School ?‏

Recently, we turned on Ch 20 and saw and heard the enlarged image of Dr. Eastwood presenting a monologue to the public and school district. We also are aware that this message had been broadcast into all the school rooms of the district. Dr Eastwood's image immediately invoked memories of the movie based on Orwell's novel "l984". How similar Dr. Eastwood's image was to that of Orwell's character "Big Brother". For those of you who do not remember the movie or book, "1984" is about the the operation of a totalitarian state in which all must conform and follow the dictates of "Big Brother".

The suppression of freedom of speech at meetings, the mindless approval of the board majority to Dr. Eastwood's dictates, and the dictatorial management of the district by Dr. Eastwood are all topics which have have been raised in past blogs, in the media, and at board meetings. There is no reason here for further elaboration. However, when these factors prevent the starting of construction on our new elementary school, something further must be said.

The public has never been given a legal analysis of why the settlement offer of the city is illegal. No money is changing hands, and the the final outcome will be predicated on the courts decision. Where is the illegality? Rather , it appears that the district's decision is based more on Dr. Eastwood saving face, and his inability to compromise. As usual, it is Dr. Eastwood's way or the highway. Let's not forget, it was Dr. Eastwood who pushed the board into the Article 78, and if the district loses in court, it will be his responsibility.

It is up to the public now to demand that Dr. Eastwood present for examination all the legal reasons why the district can not accept the Mayor's settlement offer. The mere statement that he is acting on the advise of district's attorney is not enough. This building belongs to the district and is more important than the ego of any one man.