Mineola, NY

The Truth is Out There – WAY Out There ! !

SATURDAY MORNING WAKE-UP CALL


“Six o’clock already? I was just in the middle of a dream!  I was kissing Valentino by a crystal blue Italian stream . . .”     Manic Monday (The Bangles)

At least I was.  Until somebody cranked up that jack hammer at 7:20 in the morning on Saturday, January 19, 2013.

Not that I’m complaining.

But I am.

I listened to this cacophony for an hour before I took my camera and went out in the cold to track down where the noise was coming from.  I didn’t have to go far because it was coming from behind the Brasa Rodizio restaurant located at 100 Herricks Road.  I began taking photos, and the supervisor of the crew came over.  When I asked why he started jack hammering so early on a Saturday morning he answered “This is a commercial property.”  Then I pointed out the residences just behind him and again asked why it was necessary to start SO early.  That’s when he indicated he wanted to get the work done before the restaurant opened.  I asked if he had a permit, and he said he did.  I asked to see it.  That’s when he said he didn’t have it on him, that the “owner” had it.  I don’t know if he meant the owner of the building, the owner of the restaurant, or the owner of S & J Landscaping and Construction which was the firm doing the work.  No matter.  Noise is noise.

You see, my house is 350 feet away from where these individuals were working.  And I heard it.  My neighbors who live behind me on Beebe Road heard it and their house is 500 feet away.  That means it was heard in the Richlee Court complex and, since it was a clear, cold, otherwise quiet morning, the sound probably reverberated as far as 13th Avenue on the south side of the LIRR tracks.  Of course, those folks are used to sleep disturbances considering how many years they had to put up with the noise pollution emitted from the Verizon building on that little strip of land that somehow belongs to the Village of Garden City.  That lawsuit has dragged on for 3 years now.  But I digress.

I returned home to research the Village of Mineola’s Code to see how our regulations address allowable construction times and construction-related noise.

They don’t.

I then began to consult the codes of all the villages along the Jericho Turnpike corridor from the Queens border to Westbury, as well as the codes of the Towns of  Hempstead and North Hempstead.  I also dug into the Rules of the City of New York.  Every municipality I looked at has a chapter in their code that is dedicated to Noise.  What’s more, every one addresses construction-related  noise and stipulates days and hours when construction may take place.

Mineola’s code, in contrast, has  NO CONSOLIDATED  regulations for noise.  Chapter 192Animals – addresses noisy animals in general (barking, whining dogs in particular), in Article II, §10.  Next, we jump to Chapter 230Business Licenses – where the Code stipulates that professional landscapers may not operate power or manual gardening equipment after 8 pm or before 8 am without written permission from the Board.  Finally, we come to Chapter 376Peace & Good Order.  Article II, §9 is titled Disturbing the Peace.  It’s very broad and generalized but was the only citation I could find that was in any way applicable for me to file a written complaint with the Building Department.  (Spoiler alert:  we also have a restriction against noise from vehicles and motorcycles.)

Let’s analyze the numbers.  Of the NINE municipal codes I researched, 3 out of the 6 villages, both Towns, and the City of New York DO NOT PERMIT CONSTRUCTION ON WEEKENDS.  If public safety is at risk, special permits must be obtained to do work on a Saturday or Sunday.  The other three villages do allow construction on Saturdays as well as weekdays as a matter of routine.  In New York City, an “after hours” permit to work on the weekends can be obtained without the pre-requisite of a public health/safety issue, but you’ll pay through the teeth.  And let’s face it, people don’t move to the city in search of peace and quiet, but if a contractor wants to disturb people on their weekends, that contractor had better be ready to ante-up.

As for construction hours, IN ALL CASES SAVE ONE, the earliest time construction may commence is 7 a.m. and that is during the week only.  The one exception is the Village of New Hyde Park which does permit construction to commence at 7 am on Saturdays as well.  (Pardon my editorializing VNHP, but REALLY???)  The other two villages that permit construction on Saturdays restrict the start time to 8 a.m. and stipulate an end time by 7 p.m.

The Village of Mineola must establish regulations to deal with construction noise so both residents and contractors know what the ground rules are.  And residents need to know who to contact when a violation is being committed so a summons can be issued right away.  In my ideal world, construction wouldn’t be permitted on weekends.  It remains to be seen if the other VOM residents agree.  But I urge the Board members, who are all Village residents and taxpayers themselves, to give this matter the serious consideration it deserves.  Mineola is the County Seat of Nassau yet it entertains a hodge-podge of a code that doesn’t properly address one of the major causes of stress and pollution we as a society face.  N-O-I-S-E.  Escaping it is one of the main reasons people move to places like this.

For anyone who’s interested, I’m providing the spread-sheet I compiled that breaks down those portions of the codes of the Villages of Bellerose, Floral Park, New Hyde Park, Stewart Manor, Williston Park and Westbury, as well as the Towns of Hempstead and North Hempstead and the City of New York, that deal with noise.  (It’s amazing what you can accomplish when you’re sleep-deprived.)  Click here:  NOISE CODE COMPS

BTW – I did file a complaint with our Department of Buildings citing violation of Chapter 376, Article II, §9 for this auditory assault against my somnolence.  Las Vegas bookies post my odds of getting a response at slim to none.  I’m waiting for somebody to prove them wrong.

February 17, 2013 Posted by | 7th S.D. New York State, Incorporated Village of Mineola, Mineola NY, Nassau County | , , , , , , , , , , , , , | 4 Comments

JUSTICE FOR SAL


WHAT CONSTITUTES A SPEEDY TRIAL ???

The Sixth Amendment of the US Constitution states:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

There are truly criminal deeds like murder, robbery, assault with a deadly weapon and the like.  And if you commit one of these deeds and get arrested, you’ll spend time in jail until your trial – unless you make bail or post bond.  According to Article 30 of the NYS Criminal Procedure Law (Timeliness of Prosecutions and Speedy Trial), prosecution for Class A felonies, 1st degree rape, sexual assault etc can be commenced at any time.  So you can be sitting in the clink for a good long while awaiting trial if there’s a serious backlog and you’ve been denied bail or don’t have the money to pay it.

But what about trials for petty offenses and misdemeanors?   Say a Building Code Violation?  Well §30.10 of the CPL addresses those as well.  Prosecution for a petty offense must be commenced within one year of  “the commission thereof” while prosecution for a misdemeanor must be commenced within two years of  “the commission thereof.”  That gives a certain amount of flexibility to the variety of jurisdictions in New York State some of which are fairly small whereas others, like NYC are fairly large.

One might expect that in a Village such as Mineola having fewer than 20,000 residents (a number of whom are children and not likely to be involved in petty crimes and misdemeanors) it wouldn’t be that hard to obtain a speedy trial for something like an alleged parking violation, or for having illegal tenants living at your property, or for having a non-drivable car parked in your driveway.  Most people who receive summonses in this Village for parking or Building Code violations don’t fight them.  They pay them outright or go to conference to strike a plea deal.  So when we have an individual who answers his court summons and demands a trial for a Building Code violation, doesn’t it strike you as odd that FIVE MONTHS after the fact he still has not been given a court date?  In this dinky little village?  Well if you’ve lived in Mineola long enough, nothing should surprise you.  But yet it does.

Such is the situation for Sal Cataldo.  The man is over 80 years old, and is a Korean War veteran who is very active in veteran and community affairs.  He’s also a Village taxpayer, and a pistol to boot.  Mr. Cataldo was issued a Notice of Violation early in the year, went to the Village’s Justice Court and filed a plea of “Not Guilty” and requested that the matter go to trial.  And he’s waiting.  And waiting. . . . .  At least he’s not sitting in a jail cell.

Maybe the “Powers That Be” at 155 Washington Avenue figure if they can just stick it out, Sal will die first.  That doesn’t surprise me either.  I’ve lived in this Village long enough.

Are you on Facebook?  Join the group Justice For Sal and tell the Village Administration to get this show on the road!


				
                

August 4, 2011 Posted by | 7th S.D. New York State, Civil Liberties, Constitutional Law, Incorporated Village of Mineola, Mineola NY, Nassau County, NYCLU | , , , , , , , , , | Leave a comment

IT’S UP TO YOU ! ! ! !


I hear complaints about this village from ALOT of people.  Most of those complaints center around the Building Department.  So I was amused when I read an article in the March 13 issue of Newsday that discussed the various village elections taking place tomorrow.  There’s quite the kerfuffle going on in East Hills, our neighbor to the north where three rabble-rousers are running against three incumbents, calling for “ethical accountability” among other things.  According to Newsday these three upstarts, Matthew Weiss (for mayor), Jonathan Penn and Gregg Resnick (for trustee) are running under the East Hills Advocacy Group banner.  They want to make village decisions more open to the public and create a “friendlier atmosphere when dealing with the Building Department !!!!”    http://www.newsday.com/long-island/nassau/north-hempstead-village-races-heat-up-1.2745301

WOW ! ! !  Fancy that ! ! !

What is it exactly, about Building Departments that ticks taxpayers off?  Because I know a hernia-load of taxpayers in the Village of Mineola are not happy with our Building Department personnel.

And what is it with village officials trying to keep all their wheelings and dealings on the down-low?  Because whenever somebody shone a light on Jack Martins’ manipulations he didn’t like it one little bit.  He did whatever he could to obfuscate, and certain people in Village Hall are still covering things up for him.

We have our own entrenched party here in Mineola:  the New Line Party.  Their slogan is “HONESTY – INTEGRITY – ACCOUNTABILITY” but all three of those have been in seriously short supply during the reign of Jack Martins.  Current ad-hoc mayor Larry Werther is one of three candidates running for TWO trustee spots.  He claims to be the logical choice for the voters because during his tenure the Board reduced waste disposal fees (we’ll see how that pans out over the years), decreased the budget deficit and made government more accessible.

Which is why the Mineola Board took the Public Meetings off the air when heat was applied about Conflict of Interest issues in – wait for it – THE BUILDING DEPARTMENTAnd which is why they only brought the broadcasts back after they came up with their Speaker Request Sign-In Sheet.  And which is why they violated the First Amendment when I tried to raise a question about a union action against the village.

It’s also why they are stonewalling my request to view Justice Court records.

HONESTY – INTEGRITY – ACCOUNTABILITY

Really?

Well I’ll tell you what I know, and what I don’t know.

I don’t know Scott Strauss.  I only know of him.  I know he served in the NYPD and he’s put his life on the line in some pretty serious circumstances to help other people.  He’s got STREET CRED.

I don’t know George Durham, although I did serve with him on the Fence Committee a few years back.  He seemed like a reasonable human being then and he’s probably still a reasonable human being.

I don’t know Chris Wales – the dark horse candidate running on the aptly-named Mustang ticket.  This guy has come out of the clear blue sky and is giving it his best shot.  What I do know is that it takes moxie to run for office on a wing and a prayer.  I know he represents a breath of fresh air and has brought some life to this race.  He also presents a serious threat to incumbent Larry Werther.

Ah, Larry.  The only holdover from the Martins regime to be running this year, and the third of the New Line candidates.  I do know Larry- not personally mind you, but just on the basis of my experiences with him as a trustee.  His plans to run for Mayor were squashed when the New Line party refused to endorse him and put up Mr. Strauss instead.  So he concocted a story about work conflicting with his ability to attend Wednesday night meetings were he to be elected mayor.  These are the same Wednesday night meetings he’s been attending for 8 years as a trustee.  And the same Wednesday night meetings he’ll have to attend if he gets re-elected.  Larry, who at Village meetings proudly extols his Catholic upbringing every chance he gets, yet who has referred to the homeless individuals who sometimes populate our streets as “Human Garbage.”  Larry, who backed up everything Jack Martins ever said no matter whether it was the full truth, a half-truth, or an outright lie.  Larry, who smirked and giggled when I rebuked the Board of Trustees about the way he violated my First Amendment right to ask a question at a Public Meeting.

Larry.  I don’t fully believe that he acts out of maliciousness, but out of cluelessness.  And arrogance.  He has so outraged people over the years with the things that have come out of his mouth, yet I don’t think he understood the full impact of his behavior until Jack Martins kicked him in the teeth in December when his senate win was finally certified.  Now it just might be too late.

So there is stands.  One incumbent clinging to his Board position for dear life.  Three newbies – two of whom carry the baggage of running on Jack Martins’ party line and one who carries the baggage of being a complete unknown.

So it’s up to you.  Vote.  Don’t vote.  But if you don’t vote, don’t complain – especially to me.  The mayoralty is a done deal for good or ill.  But the trustee positions are still up for grabs.  So roll out of the recliner and Watusi on down to Village Hall tomorrow to flip those levers and cast your ballots.  It’s your right.  It’s your duty.  It’s your choice.

March 14, 2011 Posted by | 1st Amendment, 7th S.D. New York State, Freedom of Speech, Incorporated Village of Mineola, Jack Martins, Mineola NY | , , , , , , , , , , , , | Leave a comment

13th Street vs Verizon


aka David v. Goliath

This is an old article from the Williston Times.

 

http://www.theislandnow.com/news/article_b4954fd2-e860-11df-8960-001cc4c002e0.html

March 13, 2011 Posted by | Incorporated Village of Mineola, Jack Martins, Mineola NY | , , , , , , | Leave a comment

On Slander, Libel, and Talking to the Hand


Well it’s been a while since my last posting as I’ve been a busy little bee, doing research and gathering information.  So I haven’t had the chance to address an insight that somebody shared via the “Comment” section of my last posting regarding the First Amendment.  This individual, going by the name of Herneola stated:

“You seem fairly sure you know the first amendment and all it’s protections.  Now go learn about slander and libel.  You’re guilty of both.”

The Bill of Rights

So I went back and looked at my postings, and I’m not really sure what was slanderous or libelous about anything I’ve said.  But if I’ve missed something, I’d like to know what it is.  As a matter of fact I tried to contact this person using the e-mail address they provided when they submitted their comment, but it came back as a discontinued account.  In other words, Herneola created an e-mail account to submit his/her comment, and then deactivated it so he/she couldn’t be contacted.  And that’s fine.  Whatever.

Just so we’re clear, my goal is to get at the truth, which has been in EXCEEDINGLY short supply in this village for many years now.  If employees have not done right by the taxpayers of Mineola by abusing their positions within the administration, by lying, by deliberately misinterpreting laws and regulations, by not reviewing contracts, or by covering up the illegal actions of others; and if by my due diligence, which involves the investment of MY time and MY money, I can investigate and document these things and bring them out in the open, then where is the slander and where is the libel?  Where is the problem?

STOCKHOLM SYNDROME?

One problem lies with those who have engaged in abuse of power, lies, patronage, harassment, discrimination, cover-ups and other acts of malfeasance.  The other problem is with those who refuse to remove their rose-colored glasses to look at the cold, hard facts.  They’re akin to kidnap victims who bond with their captors – a well-recognized survival strategy known as Stockholm Syndrome.  Like a battered woman who keeps allowing her abuser back into her life, these people would rather live in denial than accept that their employees have abused their trust.  It’s much easier to shoot the messenger.

Then of course, there are those residents who have everything to gain by maintaining the status quo.

So Herneola et al,  if you’ve done your due diligence; if you’ve gone through files at Village Hall, and the County Clerk’s office and the District Court; if you’ve used the resources that are available to all of us through the Federal and State FOILS, the UCC, the UJC and the plethora of other laws that grant us access to public information; then please share your knowledge with me.  If I’m wrong then I must correct myself.  However, if YOU aren’t willing to put the same amount of time, effort and personal resources behind your comments as I’ve done over these past few years, then pardon me as I invite you, with the utmost respect, to “talk to the hand.”

But thanks for the comment.  You gave me something new to write about.

February 24, 2011 Posted by | 1st Amendment, Civil Liberties, Constitutional Law, Freedom of Speech, Mineola NY, Nassau County, NYCLU | , , , , , , | 4 Comments

When does the First Amendment Cease to Exist?


Well it appears that once you cross the border into the Incorporated Village of Mineola, your right to speak freely starts to fade away.  And by the time you get to Village Hall at 155 Washington Avenue that right evaporates completely.  Mineola’s Village Hall is a vacuum where all independent thought gets sucked into a black hole.

Unless, of course, you are sucking UP to the right people.  Or blowing sunshine up certain rear-ends.

But if you intend to question a decision the Board of Trustees has made, or to express your belief that everything is NOT sunny in Mineola, then prepare yourself for shut-down.  Especially if you’re a woman.

Jack Martins is no longer Mayor of this happy little Village, but while he was here he most certainly did not take kindly to anybody questioning his authority, or to any intimation that his integrity was NOT above reproach.  This became abundantly clear when I questioned his handling of the conflict of interest issue created by our Building Superintendent’s  intimate relationship with his direct report, the Secretary to the Board of Zoning Appeals.  First Martins denied anybody had ever complained to him about the situation.  Then he claimed nobody had “officially” complained to him.  Then he shut down the broadcasts of the Public Meetings until he could devise some means by which to try to limit what people would be able to say.

That’s when the Board developed their infamous sign-in sheet, whereby in order to speak at a Public Meeting, one must provide their name and address and state what it is they intend to discuss.  It is further stipulated that matters must pertain to the Village of Mineola.

Now, it’s not entirely unreasonable to limit topics to matters that directly impact the Village.  Events occur on the Federal and State levels that VOM’s Trustees can do nothing about.  And it’s both pointless and unfair for individuals to take up vast amounts of time opining on such matters when there are issues directly impacting the Village that people come to the meetings to discuss.  Most of these are people who must get up for work the next day, or who must help their kids with their schoolwork and get them ready for bed.  And if these folks come down to a meeting to address a matter of importance to them and their neighbors, they shouldn’t have to sit there and wait while other people expound on what’s wrong with Congress, the President, the French, and every other thing that has nothing to do with Village business.

BUT UNDER NO CIRCUMSTANCE DOES ANYONE ON THE BOARD HAVE THE RIGHT TO PREVENT ANY OF US FROM QUESTIONING THEIR DECISIONS OR POLICY IMPLEMENTATIONS, OR FROM EXPOSING CORRUPTION OR BAD BEHAVIOUR on the part of any of the Trustees or any of our employees.  That is the whole point of a Public Meeting.  And that is why I found myself in the office of the Nassau County chapter of the NY Civil Liberties Union in Hempstead after the October 20, 2010 meeting.

If you were at that meeting or saw it on TV, you know that Jack Martins led the Work Session, but Deputy Mayor Larry Werther ran the Public Meeting.  As usual, there was a break between the two meetings when the Trustees went to the back room.  Finally, Trustees Perriera, Kennedy and Cusato came out to the dais but Werther remained in the back room with Village Attorney John Spellman.  They eventually emerged and the public portion began.  Three people were called up to speak.  But when it came time for the fourth person to be called up, Werther announced that a slip had been submitted to discuss a Union matter, and that as long as HE was in charge of the meetings, he would not permit the topic to be addressed while litigation is pending.

Can you imagine this? In THIS country?  This is the Board that has us recite the Pledge of Allegiance before the Work Sessions and then again before the Public Meetings.  This is the Board that pauses to remember all our troops fighting for freedom in various parts of the world.  This is the Board that lauded the collection of bottles and cans to benefit a disabled Army Ranger who isn’t even from Mineola.   And how did he become disabled?  When his legs were blown off while he was serving his country.  This young man, Christopher Levy, sacrificed his legs in the name of liberty, but I’m not allowed to ask questions of our Board of Trustees.

There’s something VERY wrong with this picture.

So when DOES the First Amendment cease to exist?

When you allow it to.

I won’t allow it.  Not as long as I have breath left in my body and my taxes are being used to send young able-bodied men and women off to some God-forsaken hell-on-earth so they can come back mangled in body, in spirit, or both.

So call me a Bitch.  Call me a Pain-in-the-Ass.  Call me a Lunatic.  FEEL FREE. Just be sure you don’t do it within the 11501 zip code.  You see, Freedom of Speech is not allowed in Mineola.

December 28, 2010 Posted by | 1st Amendment, 7th S.D. New York State, ACLU, Civil Liberties, Constitutional Law, Freedom of Speech, Incorporated Village of Mineola, Jack Martins, Mineola NY, NYCLU | , , , , , , , | Leave a comment

What It’s All About, Alfie


It’s all about getting the real story out there – the truth about what’s been going on in Mineola for the past several years.  It’s about letting Mayor Jack Martins and his trustees know that the taxpayers who keep this Village running are smarter than they think.  And while it is indeed true that they can fool some of the people some of the time, there is no way they can fool all the people all the time.

My name is Jeanne Falabella and I’ve lived in Mineola since September 2001.  I’m not trying to make a name for myself and I have no interest in running for political office.  But I also have no interest in allowing myself to be taken for a fool.  Not for the taxes I pay.  I work TOO HARD for my money.  So when I catch our mayor and our village attorney playing games with the facts, I will call them on it.  And when I find out that certain of our employees are ripping the taxpayers off, I’ll call attention to that too.  And perhaps not as diplomatically as some people might like.

We live in an amazing time when we not only have the ability to get the word out via televised meetings, but through the internet where the tax-payers can see public documentation and judge for themselves.  Jack Martins can shut people down on TV, but he can’t shut down the information superhighway.

So that’s what it’s all about.  Getting the truth out, plain and simple.  We deserve no less.

September 29, 2010 Posted by | 7th S.D. New York, Civil Liberties, Incorporated Village of Mineola, Jack Martins, Local New York, Nassau County, Political | , , , | Leave a comment