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On Peekskill and the Methadone Clinic

a few facts from the public record

First, a disclosure: My wife, Ruth Wells, is a member of the Planning Commission.  I’ve held off writing about this issue until the commission completed its work.

Peekskill’s mayor, Mary Foster, has made a case to the press that the Planning Commission should not have approved a methadone clinic at Corporate Drive because such a use does not conform to current zoning.  It is true that she has found a lawyer, Robert A. Spolzino of Wilson, Elser, Moskowitz, Edelman, & Dicker LLP, who holds that opinion.  What is also true, but left unsaid by any elected official, is that not one, but two successive corporation counsels for the City of Peekskill independently arrived at the opposite conclusion.  This is no simple, open-and-shut case.

Renaissance Project, a non-profit corporation, first appeared before the Planning Commission on 15 February 2012.  The Planning Commission on that date held what they were told by staff was a duly noticed public hearing.  Corporation counsel Bernis Nelson “noted that the Zoning Ordinance did not differentiate between a business office and a clinic.”  No objections were raised by the public or by our city’s elected officials. The public hearing was then closed.  Although city planning staff recommended approval based on the opinions of the chief building inspector and corporation counsel Bernis Nelson, the commission withheld approval and required better, more specific plans for parking, exterior lighting, landscaping, refuse disposal, and security and a legally binding easement for public access to Peekskill Hollow Brook, which runs behind the property.  Renaissance appeared at public meetings of the commission on 8 May and 12 June to present responses to the commission’s requirements, and only when the commissioners were satisfied did they approve the project.

The public hearing was not, however, fully noticed.  All legal requirements for notification within the City of Peekskill were fulfilled, as were all requirements that notice be published in local papers (“Journal News” and “Pluma Libra”).  However, the requirement in NYS municipal law that notice of public hearings on development within 500 feet of a border be sent directly to the neighboring municipal government had been overlooked.  That voided the approval, but did not otherwise change the relevant facts or law.  Renaissance reapplied for site plan approval.

In the meantime, Ms. Nelson resigned her post as corporation counsel.  An interim corporation counsel, Mark W. Blanchard, was appointed pending a proper search.  Mr. Blanchard, who as of this writing is still serving, reviewed the history of the application and informed the commission that he concurred with Ms. Nelson’s opinion that the proposed clinic is an as of right use.

The members of the Planning Commission and Peekskill’s elected officials have been accused publicly of some sort of conspiracy and/or of being on the take.  Lord knows what some folks are saying about them in private.  Meanwhile, our elected officials have taken great pains to separate themselves from their own Planning Commission appointees and their own corporation counsels.  It’s all pretty depressing.

As I imagine the mayor’s lawyer would agree, the Planning Commission had no alternative but to re-approve the clinic.  The commission approved the clinic after the city’s lawyers told them it was an “as of right use,” meaning the zoning code permitted it and therefore denying approval would be a violation of their duty to base their decisions on the law.  Had they rejected it, Renaissance would sue, and they would likely win not only actual damages against the city but also punitive damages under the Americans with Disabilities Act.  Planning Commission members can be personally liable for punitive damages, which can be awarded against city officers who act outside the limits of their authority or in contravention of the law, and against which the city does not indemnify them.

I have no doubt that, along with those who attended the public hearing, signed a petition, or just commented anonymously on this website, the members of the Planning Commission would be very happy if the clinic could stay at Hudson Valley Health Center, but their vice president, Bill Dauster, has made it very clear that staying is not a possibility.   

The members of the Planning Commission, citizen volunteers who may well be your friends and neighbors, have done their duty.  The mayor has begun to do hers.  There are two legal opinions at issue, one from two successive Peekskill corporation counsels and another from the mayor’s lawyer: opinions that are directly opposed.   I am hoping that the mayor, having rejected the advice of the city’s own in-house lawyers and sought opposing advice from an outside lawyer, will now take this disagreement to the appropriate forum in which to seek clarity: the courts.

It seems to me that Mayor Foster’s duty is to resist the ignorance and calm the fears that have been all too much on display.  Acknowledging that the Planning Commission was bound by successive opinions from two competent corporation counsels would be a start.  Seeking a decision of the court regarding which opinion, that of the city’s lawyers or that of the mayor’s outside counsel, is correct will provide a definitive answer that settles this once and for all.

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Danny May 18, 2013 at 12:20 pm
It is dangerous and a menace to our already horrible traffic on 6. Thank God none of those kids gotRead More hit running in between cars looking for change. Traffic was backed up all through Mohegan...Poor choice of a way to raise monies for a good cause.
W Kelly May 19, 2013 at 07:31 am
For all of you in support of a Meth Clinic I spoke to 4 police officer and 2 State Troopers that allRead More said not a good thing for any community. I wonder why?? to all the supporters. Look at that Renaissance Project in Ellenville Security Guard killed and nurse was almost stabbed to dealth with months of recovery in a hospital. Many said oh if it wasn't for a Meth Clinic I wouldn't have made it. Oh FYI many in treatment 10 plus years obviously it isn't working folks. In defense of Mr. Catalina I guess we need to ask Mary Foster exactly how much this Article 78 cost in full and sure we will have our answer. Atty fees are astronomical if I knew we could beat this I would pay my fair share in taxes for the future of Peekskill. Unfotunately I don't believe everyone is willing to do that in these tough econonic times.
Robin Seggs May 18, 2013 at 11:02 pm
I get that Mr. catalina blames the current mayor for this situation but This is what I dontRead More understand. He finishes by saying that as a Lawyer he would not support an appeal to the court decision. so what would he do? IF Mayor, what would catalina do about the clinic? i cant believe he wrote that much and never said what his plan to address the issue is.
W Kelly May 18, 2013 at 05:39 pm
Look who's talking : we have always said we wanted it to remain at HVHC why don't you call Mr.Read More Federspiel and ask him why he is dumping it in a undesirable area that will immensely affect the businesses, real estate, dangerous roads and community at large. You know as well as everyone else he doesn't want it there to tarnish his newly renovated beautiful complex. Ask him how much he is making off his other services. 200 K in the business world is a drop in the bucket. I bet you $10 all those patients that said I am going to contact he didn't even do so. So you are telling me this patients are law abiding citizens? Doubt it I know many people that have confided in me and said their sons, daughters, brother ,sisters have lied cheated stolen, and done time. Guess we will all see what happens in this community. Remember there are kids that will be walking to school. It is going to take one incident to wake up people.
sayitsnotsojack May 19, 2013 at 11:37 am
The long suffering tax payer should look at it as them paying for their extravagant health care andRead More pension plans. As for lending a hand they have had our hand outs for way too long.
Abby Normal May 19, 2013 at 11:27 am
Tele, I keep hearing the mantra from the right saying more guns equal less crime. The truth howeverRead More flies in the face of this propaganda. A recent study actually shows that the highest homicide rates are in the states with the fewest gun controls. States like Louisiana, South Carolina, Mississippi and Alaska just to name a few. Sure, there are fewer homicides in Alaska than in New York, but adjusted for population, the per-ca-pita homicide rate is significantly lower in New York.
Teleman May 19, 2013 at 09:07 am
Rose, read the facts, read the justice department report, make informed decisions on your positions,Read More not just emotionally based ones.
Rose Rowland May 19, 2013 at 08:06 am
If you're so freaking sure of yourself. Come to one of Our events. Unarmed
Teleman May 15, 2013 at 04:11 pm
I stand by my statement- until these contracts are fully re-negotiated and the unions startRead More contributing to their benefits and taking zero % or minimal raises, the taxes will continue to increase year after year- Buchanan will no longer be the so-called "bargain" some claim it is.
Sick of the Lies May 10, 2013 at 10:04 am
Hey Fly, before you make comments, you should check the facts. The contracts are alive and well.Read More Mr. Donahue should try learning to read and checking the facts before sending his brilliant letters to the editor in for publishing. They are almost always entirely fictional....but perhaps he really believes what he says. Yeah, right. He intentionally makes up stories to sucker people like you into believing his nonsense.
Fly on the Wall May 10, 2013 at 02:47 am
All of those lucrative 2% contract raises have since expired! DUH. Unlike the 15% raises yourRead More glorious mayor has doled out with great regularity.