Letter to the Editor:  A Case for including the “Town” in Town Board

November 7, 2011
by Charles Napoli, Architect

“Planning without citizen participation is neither democratic nor wise…Their practical wisdom and support make plans capable of implementation, their knowledge of local conditions fill gaps in the planners’ data and information, and their varied interests diminish the tendency of planning to embody a single purpose.”
~ Senator Henry Jackson

In My Back Yard

Six (6) elected citizens given the responsibility and representation by the citizens of their portion of New Castle is a refinement, a fine tuning, of the current form of local government that can be more responsive to and make informed accurate decisions regarding the needs and interests of their constituents at local levels.

The Decision-Making Process, Future

Now before us on the ballot, from a “developer of open government” a refinement of the decision-making process is proposed. How ironic it is that to alter the decision-making process towards a more open, responsive town government could have used a collaborative decision-making process that supports the supposition; more representation creates more collaboration and too, provides the opportunity for thoughtful committed citizens to build relationships’ that are necessary for effective community development. Yet the almost always normal positioning surrounding the Ward Referendum before us is in full force; the win/lose dynamic set in motion.

The Decision-Making Process, Past

We have a governmental decision-making process in which agencies act as arbitrators balancing private interests. Because these processes are designed to be adjudicative in nature, they often become adversarial, producing winners and losers, and frustrate attempts to be more participatory.

~ Pace University Land Use Law Center

A decision-making process that complies with the legal requirements and powers delegated by the State Legislature to undertake comprehensive planning and to regulate land use to protect the public health, safety and general welfare New Castle need only accomplish four (4) required stages (Application, Application Review, Public Hearing, Decision Announced) to insulate the town board against adverse legal rulings but, due process of the rights of the people is managed protected and becomes less participatory. Citizens’ interests are placed into the adjudicative format where positions harden, sides form and a sense of gloom emerges while their need’s, fears and concerns go mostly unanswered? Why too are there are so many Article 78’s (law suites) filed? The process is the problem.

Six for Help

The key to a more responsive open government is discouraging adversarial interactions and encouraging a more collaborative process. Six (6) councilpersons representing the interests of their wards offer the entire town a greater opportunity for public participation overall and for the 20% of cases, taking up to 80% of the boards work load and resources, Six representatives provide a greater opportunity to lead a collaborative, interactive more efficient process when necessary such as:

• A solution to my interests, fears and concerns is required IN MY BACK YARD

• The solution to a problem is not immediately clear to all parties

• Parties fundamentally disagree on the best solution or decision

•  The decision is discretionary, giving the board a range of possible outcomes

• The decision is likely to have far reaching impacts

• The decision is likely to be challenge

Six for Influence

A personal relationship with my area representative, my local elected official, may help deliver the needs and interests of his people to the higher authority should the need arise. When interested parties, task groups or concerned stakeholders in conflict and seeking solutions need to appeal to agencies of the state or other governmental representatives or institutions regarding their needs and interests we citizens are, if we are fortunate to get the meeting, politely listened to and that’s all. The reality is the agencies and institutions take their direction from ELECTED community officials.

Six to Start

It has been my experience over the last forty two years of architectural practice in New Castle involving much experience with zoning and planning applications and too, many civic improvement activities, that we the people have been presented with the solutions and or positions of developers and agencies very late in the decision-making process which has led to a win/lose dynamic where all parties show no empathy and undermine the legitimacy of other parties’ positions. Bluffs, threats and misinformation ends with a narrow watered down understanding of the problem while eroding the trust and relationships of all concerned.

Goal

Will we be up to the challenge to support civic development with more representation for a collaborative decision-making process on November 8, 2011?

Over these 42 years of living and practicing architecture in New Castle I have gained an intimate knowledge of the workings of our hamlet and consider the above strategies for dispute resolution and local land use system use gleaned from the Land Use Law Center of the Pace University School of Law to be a powerful resource for our civic development.