12/16/08 - GOVERNOR PATERSON’S EXECUTIVE BUDGET

For Immediate Release: December 16, 2008
Contact: Errol Cockfield | errol.cockfield@chamber.state.ny.us | 212.681.4640 | 518.474.8418
Division of the Budget Contact: Jeffrey Gordon | jeffrey.gordon@budget.state.ny.us | 518.473.3885*

*Please note corrected Division of Budget Phone Number.

GOVERNOR PATERSON’S EXECUTIVE BUDGET
ELIMINATES LARGEST DEFICIT IN STATE HISTORY, REINS IN SPENDING
Proposal Includes Reductions across Every Area of State Spending, Targeted Increases in Revenue; Represents a Balanced Plan for a Balanced Budget

Governor Paterson today delivered a balanced Executive Budget, more than one month prior to the State constitutional deadline, which would eliminate the largest budget deficit in State history – a $1.7 billion current-year shortfall and a $13.7 billion 2009-10 deficit. This proposal includes a series of difficult decisions across every area of State spending, as well as targeted increases in revenue, to address an unprecedented fiscal and economic crisis. The Budget also includes several reforms that will increase government efficiency and lower taxpayer costs in the future.

“For years, record revenues from Wall Street allowed State spending to increase at an unsustainable rate,” said Governor Paterson. “With the financial services industry in the midst of an unprecedented crisis, we must fundamentally reevaluate what our State can afford to spend. Change is unavoidable, and the proposals I have put forward today begin the difficult process of adapting to a new fiscal reality. Just like thousands of families across New York, our State government needs to tighten its belt and limit spending to what we can afford.”

Governor Paterson’s Executive Budget is structured in a unique manner in order to address the challenge of closing a mid-year shortfall. It contains two main components, both of which were delivered to the Legislature today. The first component is a 2008-09 Deficit Reduction Plan. This stand-alone legislation includes a series of actions that are necessary to close the State’s current-year $1.7 billion shortfall. The State financial plan assumes enactment of these actions by February 1.

The second component is Governor Paterson’s complete 2009-10 Executive Budget proposal, which will close the 2009-10 fiscal year $13.7 billion deficit. Consistent with Governor Paterson’s goal to start reducing State spending as soon as possible, the savings actions included in that proposal assumes the budget will be enacted by March 1, 2009, one month prior to the April 1 start of the fiscal year.

Spending Growth

Under Governor Paterson’s Executive Budget proposal, 2009-10 General Fund spending would remain flat compared to 2008-09 levels at $55.4 billion. State Operating Funds spending would total $79.8 billion, an increase of $400 million or 0.5 percent.

All Funds spending would total $121.1 billion, an increase of $1.3 billion or 1.1 percent – which would represent the lowest level of growth since 1996-97 when the All Funds budget declined by 0.4 percent. Unlike in 1996-97, however, Governor Paterson and the Legislature, have worked throughout the fiscal year to reduce the size of the 2008-09 budget to address plummeting revenues. If these reductions had not occurred, 2009-10 All Funds spending would have declined compared to 2008-09 by $548 million or 0.5 percent.

2008-09 Deficit Reduction Plan

Governor Paterson’s 2008-09 Deficit Reduction Plan includes $1.7 billion in savings initiatives that are necessary to close the state’s current-year state budget shortfall. This proposal includes $1.0 billion in proposals that were originally put forward for consideration by the Legislature at a November special session as part of an overall $2.0 billion package. Major prior recommendations that will be put forward again include $500 million in health care savings; a $50 million reduction in Environmental Protection Fund (EPF) spending and a $25 million sweep of uncommitted EPF funding; an expansion of the 5-cent bottle deposit to non-carbonated beverages ($118 million in 2009-10); a $620 increase in SUNY annual undergraduate tuition from $4,350 to $4,970, which has been approved by the SUNY Board of Trustees ($62 million); a 10 percent reduction in Community College Base Aid ($15 million); and others.

Of the original $2.0 billion in savings proposed in November, over $1.0 billion are no longer possible to achieve before the end of the fiscal year. They have been replaced by $771 million in new savings put forward today.

These $771 million in new savings initiatives include the elimination of a planned transfer to the Community Projects Fund for member items ($45 million); the implementation of strict state agency spending controls to eliminate non-essential spending ($100 million); the transfer of uncommitted funds from the Department of Law’s special revenue account ($91 million); the transfer of New York Power Authority assets and excess operating funds to the General Fund ($306 million); the use of $100 million from various other fund balances; and other actions. A complete listing of each proposal included in the 2008-09 Deficit Reduction plan is available at www.budget.state.ny.us.

2009-10 Executive Budget

Governor Paterson’s $13.7 billion Executive Budget General Fund savings proposal includes $9.5 billion in recurring spending reductions, which represent 70 percent of total actions. It also contains $3.1 billion in recurring revenue actions, and limits non-recurring actions to eight percent of the overall plan or $1.1 billion.

Governor Paterson said: “The Executive Budget proposal I have put forward today represents a balanced plan for a balanced budget. The vast majority of my plan focuses on recurring reductions across every area of state spending. In order to protect core services, however, it also contains targeted increases in revenue. Given the magnitude of our current crisis, the only way we are going to overcome our budget problems is by acting comprehensively through shared sacrifice.”

Major actions include:

Education: The Executive Budget reduces School Aid in 2009-10 by $698 million or 3.3 percent from 2008-09 while maintaining a commitment to both long-term increases in education investments and the formulas created to equitably allocate these funds. Even after reductions, funding for School Aid would still total $20.7 billion in 2009-10, a 42 percent or $6.2 billion increase compared to 2003-04. Proposed reductions are structured progressively based on district fiscal resources and student need. Savings are also achieved through reductions or eliminations in categorical programs to prevent further reductions in direct aid to schools. Governor Paterson remains committed to the education investment plan advanced in 2007-08 to increase School Aid by $7.0 billion over a multi-year period. But significant funding increases in Foundation Aid and Universal Prekindergarten that were scheduled to be phased-in over a four-year period will now be phased-in over an eight year period to reflect the need to adapt to the difficult fiscal environment. The Executive Budget also proposes mandate relief measures to help school districts control costs.

Medicaid/Health Care: If no actions were taken to control costs, State Funds Medicaid spending would grow 12 percent to $17.3 billion. The Executive Budget proposes taking actions to limit State Funds Medicaid spending to $16.0 billion, an increase of 3.8 percent from 2008-09. The recommendation focus on reforming ineffective hospital, nursing home and home care reimbursement systems to direct spending to more appropriate primary and community based settings. Even after these actions, total federal, state and local Medicaid spending would still increase by $432 million or 1.0 percent compared to 2008-09 to a total of $45.4 billion, and New York’s program would still be the most expensive in the nation.

STAR: The Executive Budget eliminates the STAR rebate program ($1.4 billion). The rebate is a check issued to homeowners and has no relation to an individual’s property tax bill. A corresponding enhanced New York City personal income tax credit ($364 million) added in conjunction with the rebate will also be eliminated. The value of the credit will return to pre-rebate levels, declining from $290 to $125 for married couples and $145 to $62.50 for individuals. Funding for the STAR exemption program, which directly shields a portion of an individual’s assessed home value from local property taxation, as well as the standard New York City rebate will still total $3.3 billion – approximately equivalent to spending on the program prior to the creation of the rebate.

Higher Education: Based on the recommendations of the New York State Commission on Higher Education, the Executive Budget would establish the New York Higher Education Loan Program (NYHELPs) which will provide a minimum of $350 million in loans to approximately 45,000 New York State residents attending New York higher education institutions. The loans will be offered at rates well below those currently available in the private loan market. Additionally, a SUNY ($620, 14 percent) and CUNY (up to $600, 14 percent) tuition increase tied to an investment plan is also recommended, which will provide a year-to-year increase in core instructional budget resources for those universities.

Human Services: For the first time in 18 years, the Executive Budget would increase the basic welfare grant. The grant would increase by 10 percent, from $291 to $320 in January 2010; by another 10 percent to $352 in January 2011; and by a final 10 percent to $387 in January 2012. The budget also preserves funding for core programs such as foster care, adoption, child and adult protective services, and domestic violence services. Savings are achieved by reducing or eliminating a number of non-mandated services, many of which have provided valuable services but are supplemental to the state’s core mandated programs.

State Workforce: The state workforce is expected to total 196,292 in 2009-10, a decrease of 3,108 compared to the prior year. This would still represent, however, an increase of 8,927 compared to 2003-04. The 2009-10 decline includes an estimated 521 layoffs, which are mostly limited to the impact of agency consolidations, facility closures, or program eliminations. The Budget also advances proposals to reduce spending for state employees in ways that will minimize further layoffs during a time of economic distress and avoid service disruptions in critically important programs. Proposals include deferring five days of salary payments until a state employee leaves service or the fiscal crisis is declared to have ended; eliminating a scheduled three percent general salary increase for 2009-10; and requiring state employees and retirees to contribute greater amounts to health care coverage. Even after these proposed actions, most public employees will have received a general salary increase of 20 percent compared to 2003-04.

Pension Reform: The Executive Budget creates a new tier of pension benefits (Tier V) for state and local employees. Many of the requirements for Tier V would simply remove pension enhancements added in recent years to Tier IV, including restoring the minimum retirement age to 62 instead of 55, requiring employees to contribute to the pension fund after their tenth year of service, restoring the minimum years of service required to draw a pension from five to ten, and others. New requirements for Tier V include excluding overtime compensation when calculating pension benefits, which will prevent “salary spiking” in an employee’s final years of service. Under the state constitution, Tier V requirements can only apply to new employees. The Executive Budget also includes a proposal to implement a new tier of pension benefits for newly hired City of New York uniformed employees. This proposal is being advanced at the request of the Mayor of the City of New York and will not be acted upon without the consent of the City Council.

Aid and Incentives for Municipalities (AIM): The Executive Budget achieves savings by maintaining AIM funding at current year levels, which would eliminate a previously scheduled $61 million increase, and by eliminating New York City’s AIM payment. Even after these actions, AIM Funding for municipalities outside of New York City will still have increased by $290 million or 62 percent compared to 2004-05 and total $755 million. Unlike other municipalities, which rely more heavily on the AIM program, AIM payments represent 0.5 percent of NYC’s overall revenues. To help offset recommended reduction in AIM and other local government assistance, the Budget advances a range of cost-saving mandate relief initiatives and local revenue enhancements. In particular, Tier 5 pension reform, additional Wicks Law relief, and an expanded red light camera program will provide substantial fiscal benefits for New York City. Other municipalities will also benefit from revenue actions such as removal of sales tax exemptions.

Empire Zone Reform: The Executive Budget would require all of the current Empire Zone program participants to demonstrate that they are producing at least $20 in actual investments and wages for every $1 that the state invests in order to remain in the program. The reformed program will continue until its sunset date of June 30, 2011, excluding certain sectors such as utilities, retail, and real estate from future participation. These actions are expected to produce savings of $272 million in 2009-10, $292 million in 2010-11, and $310 million when fully annualized. A portion of the demonstrated savings from these reforms would be redirected to a new job creating grant program administered by ESDC and to new research and development tax credits. These initiatives will receive $100 million when fully annualized by 2011-12.

Rightsizing State Government: The 2009-10 Executive Budget lays a strong foundation for improving state operations, beginning the process of streamlining state government by eliminating duplicative services, consolidating overlapping state agencies, closing underutilized facilities, lowering the cost and size of the state workforce, and consolidating back-office operations. To achieve this goal, seven state agencies would be eliminated, merged or integrated with existing agencies. These include the New York State Foundation for Science, Technology and Innovation (NYSTAR) and Department of Economic Development, which would integrate with the Empire State Development Corporation (ESDC); the State Employment Relations Board, which would merge with the Public Employment Relations Board; The Northeastern Queens Nature and Historical Preserve Commission and the Hudson River Valley Greenway Communities Council and Conservancy would merge into the Department of State; The New York State Theatre Institute would merge with the Empire State Plaza Performing Arts Center Corporation (“The Egg”) and the Office of the Welfare Inspector General would merge with the Office of the Medicaid Inspector General.

In addition, the Executive Budget would also establish a new Council on Shared State Operations to oversee the development of a “shared services” model in New York, which seeks to centralize back-office operations to both decrease costs and improve services offered. This approach has been used by the private sector for years and has been increasingly adopted in the public sector. Consolidating administrative functions shared by multiple agencies will free agencies to focus on their core missions of providing essential services to New Yorkers, rather than administrative tasks.

Facility Closures/Downsizing: Several underutilized state facilities would be eliminated or downsized. The Executive Budget recommends closing four prison camps and several annexes, three Office of Children and Family Services (OCFS) evening reporting centers and six underutilized OCFS youth facilities, as well as downsizing two OCFS youth facilities. Additionally, the Office of Mental Health would eliminate 450 beds (11 percent) from its inpatient psychiatric system, moving those patients to more appropriate settings, and the Office of Alcohol and Substance Abuse Services would close its Manhattan Addiction Treatment Center.

Revenue Actions: The Executive Budget includes a balanced package of revenue enhancements. These proposals do not include any broad-based income tax proposals, but do include $3.1 billion in recurring General Fund revenue actions. These proposals ensure that tax burdens are fairly distributed, improve consistency with other taxing jurisdictions, and close loopholes, among other objectives. The budget also includes new or increased fees or fines, most of which finance specific activities and have not been changed in several years.

Some notable revenue increases include: A new, additional 18 percent sales tax on non-diet soft drinks to combat obesity and related diseases, with revenues directed to health care; eliminating the sales tax exemption on clothing and footwear under $110, replacing it with two exemption periods during which clothing and footwear under $500 would not be subject to sales tax; imposing a sales tax on cable and satellite TV/Radio services consistent with the practice of 23 other states; conforming the state sales tax to New York City’s practice of taxing personal services, such as barbering, massages, and hair salons, and credit rating services; repealing an ineffective sales tax cap on gasoline, for which there is no documented evidence provides savings that are passed on to consumers; permanently increasing the assessment on utility companies from 1/3 of one percent to one percent of gross intrastate revenues plus an additional one percent temporary surcharge on those revenues; and other actions.

Budget Deficits

In October, the Division of the Budget projected budget deficits of $1.5 billion in 2008-09, $12.5 billion in 2009-10, $15.8 billion in 2010-11, and $17.2 billion in 2011-12 – a cumulative total of $47.0 billion. Based on greater than anticipated declines in projected revenues, this budget deficit has increased to $1.7 billion in 2008-09, $13.7 billion in 2009-10, $17.1 billion in 2010-11, and $18.6 billion in 2011-12 – a total of $51.1 billion.

Governor Paterson’s proposal would eliminate the 2008-09 shortfall and 2009-10 deficit, as well as make important strides toward long-term structural balance. After implementing the actions contained within the Executive Budget, which will produce $45.2 billion in savings over the next four years, the state’s out-year budget deficits would total $1.8 billion in 2010-11 and $4.0 billion in 2011-12 – a cumulative total of $5.8 billion.

Reserve Levels/State Debt

The 2009-10 Executive Budget proposal maintains $1.2 billion in reserves, equal to 2.2 percent of General Fund spending. State debt is projected to grow by $2.6 billion (5.0 percent) to $54.2 billion, largely due to investments in economic development, transportation, and higher education.

GOVERNOR PATERSON DELIVERS $5.2 BILLION, TWO-YEAR DEFICIT REDUCTION PLAN

Savings of $2 Billion in Current Year, $3.2 Billion Next Year Are Spread Across All Areas of State Spending


Plan Represents Series of Tough Choices Necessary to Address Record Four-Year $47 billion Budget Deficit

Governor David A. Paterson today announced a comprehensive, two-year $5.2 billion deficit reduction plan that will entirely eliminate the State’s $1.5 billion current-year shortfall, protect against further declines in revenue in a volatile economic climate, and make a substantial down payment on next year's deficit.

Governor Paterson’s proposed reductions are spread across virtually every area of State spending, including education, health care, human services, the State workforce, and others. These actions would produce $2 billion of savings in 2008-09 and $3.2 billion in 2009-10.

“The deficit reduction plan I have put forward today represents a series of difficult choices across virtually every area of State spending,” said Governor Paterson. “The only way we are going to overcome this unprecedented crisis is through shared sacrifice. I look forward to engaging in a productive dialogue with the Legislature about the actions we must take at next week’s special session to address our State’s record budget deficits.”

Governor Paterson’s plan would close the State’s $1.5 billion current-year shortfall, while also providing a $548 million cushion against additional declines in revenue during 2008-09. These proposed actions would also reduce the State's 2009-10 deficit from $12.5 billion to $8.8 billion and four-year budget deficit by from $47.0 billion to $35.9 billion.

After implementing Governor Paterson’s deficit reduction plan, 2008-09 All Funds spending would still total $119.2 billion, an increase of $3.1 billion or 2.7 percent over the previous year. State Operating Funds spending would total $77.0 billion, an increase of $1.9 billion or 2.5 percent. Inflation is currently projected to be 4.2 percent for 2008-09.

Governor Paterson continued: “The unfortunate reality is that many worthy programs with laudable goals, some of which I have supported in the past, will have to experience reductions in funding. These are not decisions that I have made lightly. With the State facing the largest deficits in its history, we have no other option but to make these tough but necessary choices. In times like this, government needs to put the public interest ahead of special interests - this budget plan tackles this financial crisis head-on and addresses the State's collective needs for fiscal responsibility.” Governor Paterson’s plan includes the following major components. A full listing of all proposed actions is also attached.

School Aid (Fiscal Year 2008-09 Savings: $585 million, Fiscal Year 2009-10 Savings: $844 million).
The deficit reduction plan would decrease the rate of growth in School Aid in the 2008-09 School Year by $836 million ($585 million in the 2008-09 State Fiscal Year). Even after these actions, 2008-09 School Year School Aid would still increase by $1.0 billion or 5 percent compared to 2007-08 and total $20.7 billion. Moreover, the level of School Aid spending statewide in 2008-09 would represent an increase of $6.2 billion or 43 percent compared to 2003-04. According to the US Census Bureau, New York spent on average $14,884 per pupil on its public schools in 2006 – the highest amount of any State and 63 percent above the national average.

Medicaid/Health Care (2008-09 Savings: $572 million, 2009-10 Savings $1.2 billion).
The deficit reduction plan recommends $1.8 billion in Medicaid and other health care savings over the next two years. Major actions include reducing reimbursement rates and eliminating trend factor increases across all sectors, recouping Early Intervention overpayments from New York City, using unspent Graduate Medical Education (GME) funds for financial plan relief, and discontinuing funding for several HCRA programs. Additionally, to ensure that the insurance industry contributes its fair share of savings, assessments levied upon that industry will be increased.

Even after these actions, 2008-09 State Funds Medicaid spending is still expected to increase over the next year by $145 million or 1 percent to $15.3 billion. Additionally, State Funds Medicaid spending is still projected to increase by $1.5 billion or 10 percent in 2009-10.

Other Education-related Programs (2008-09 Savings: $36 million, 2009-10 Savings: $16 million).
The deficit reduction plan recommends a number of other savings actions in education-related areas outside of School Aid. These include reduced funding for grants awarded by the NYS Council on the Arts by $7 million and reduced funding for Bundy Aid to private colleges and universities by $2 million. It would also reduce library aid by $20 million on a one-time basis and continue to provide reimbursement to non-public schools for attendance-taking consistent with the methodology used in 2007-08 thereby saving $7 million.

Higher Education (2008-09 Savings: $115 million, 2009-10 Savings: $233 million).
The deficit reduction plan recommends increasing both SUNY (from $4,350 to $4,950) and CUNY (from $4,000 to $4,600) annual undergraduate tuition by $600. Tuition for these institutions has not been increased since 2003-04, and before that in 1995-96. Spring 2009 tuition will increase by $300. The full annual $600 increase would become effective in the following academic year.

The new recommended tuition rates are below 2003-04 levels after adjusting for inflation ($5,100 for SUNY, $4,700 for CUNY), and also below those at all public colleges in the Northeast and Mid-Atlantic regions. Moreover, even after this increase, SUNY and CUNY tuition would still be below the $5,000 threshold for Tuition Assistance Program (TAP) awards, ensuring that the neediest students would have their entire tuition costs covered.

In a departure from more than 30-year old practice of using 100 percent of the revenue resulting from tuition increases to offset General Fund spending on higher education, SUNY and CUNY will be allowed to retain 10 percent of the fiscal benefit from the 2008-09 spring semester increase and 20 percent of the full annual increase in 2009-10 for increased investment.

Commensurate with the 10 percent reduction in operating support for SUNY and CUNY senior colleges already enacted earlier this year, the plan also reduces per-student base aid to community colleges by an average of 10 percent, from $2,675 to an average of $2,405. To recognize the disproportionately adverse impact that this reduction could have on smaller community colleges if applied in an across-the-board fashion, legislation will be proposed to reduce the impact of the proposal on these colleges, as follows: colleges with fewer than 3,000 full time equivalent students will have their base aid payments reduced by $160 per student; colleges with between 3,000 and 6,000 students will have their base aid payments reduced by $230; and colleges with more than 6,000 students will have their base aid payments reduced by $300. After these reductions, total State base operating aid support for community colleges will be $580 million.

Local Governments (2008-09 Savings: $134 million, 2009-10 Savings: $110 million).
The deficit reduction plan includes several actions related to local governments. The proposal eliminates $41 million in additional Aid and Incentives for Municipalities (AIM) funding for New York City that was added in the 2008-09 Enacted Budget. New York City will still receive an AIM payment of $205 million in 2008-09.

For municipalities outside of New York City, the plan would maintain 2009-10 AIM payments at 2008-09 levels, eliminating a previously scheduled $61 million increase. Even after these actions, AIM payments outside of NYC would still total $755 million in 2009-10, an increase of $290 million or 62 percent compared to 2004-05. Governor Paterson is also proposing to reduce 2009-10 VLT Impact Aid for 17 municipalities by 50 percent compared to 2008-09 levels and limit eligibility for this program to municipalities that already participate. Yonkers would not be impacted by this VLT Impact Aid proposal. Although these actions will not provide savings in the 2008-09 fiscal year, Governor Paterson believes it is important to enact these reductions now so that local governments will have an opportunity to prepare for these changes in State aid before the beginning of their 2009 fiscal years and to modify their spending accordingly to find cost efficiencies.

Workforce (2008-09 Savings: $137 million, 2009-10 Savings: $167 million).
Governor Paterson will partner with State employee unions to reduce personnel costs, and has proposed the following actions for collective bargaining: delaying salary payments for five-days worth of work during the current fiscal year until an employee leaves State service, and withholding the 3 percent, 2009-10 salary increase previously negotiated with several unions before the State’s finances deteriorated to their current level. He has proposed the following actions that do not require collective bargaining: requiring new State employee retirees to pay for a greater portion of their health care costs; requiring State employees and retirees to contribute to the Medicare Part B premiums; and rescinding a vacation exchange program for Management/Confidential employees.

Human Services (2008-09 Savings: $20 million, 2009-10 Savings: $75 million).
In the area of human services, major recommendations include partially reducing a cost-of-living adjustment for human service providers from 3.2 percent to 2.2 percent; reducing funding for the Neighborhood Preservation Program and Rural Preservation Program; delaying the phase-in of the “Bridges to Health” program; and eliminating a $3.0 million operating subsidy for the New York State Housing Authority (NYCHA), which has a $2.8 billion operating budget. Currently, no other local housing authority in the State besides NYCHA receives an operating subsidy.

Governor Paterson is recommending several actions that will help right-size the Office of Children and Family Services’ (OCFS) juvenile justice system. These actions include:

- Closing Six Underutilized Youth Facilities: The Adirondack Residential Center in Clinton County, the Cattaraugus Residential Center and Great Valley Residential Center in Cattaraugus County, the Pyramid Reception Center in the Bronx, the Rochester Community Residential Home in Monroe County, and the Syracuse Community Residential Home in Onondaga County.
- Downsizing Two Underutilized Youth Facilities: The Allen Residential Center in Delaware County and the Tryon Residential Center in Fulton County.
- Closing Three Underutilized Evening Reporting Centers: These include the Capital District Evening Reporting Center in Albany County, the Buffalo Evening Reporting Center in Erie County, and the Syracuse Evening Reporting Center in Onondaga County.

The facilities recommended for closure or downsizing have an average vacancy rate of 63 percent. Great Valley and Rochester have 100 percent vacancy rates.

Overall, these actions will result in a 255 full-time equivalent reduction in the size of the OCFS workforce. The agency will make all possible efforts to ensure that this reduction is achieved through attrition.

Other Actions (2008-09 Savings: $424 million, 2009-10 Savings: $514 million).
The deficit reduction plan also includes a number of other actions in the areas of environmental conservation, economic development, and financial management.

During the August 2008 special session, funding for most new executive and legislative programs was reduced across-the-board by 50 percent and 6 percent, respectively. Governor Paterson is recommending reducing new legislative programs by 50 percent of remaining spending, commensurate with the reduction enacted for new executive programs.

Governor Paterson is also proposing to expand the current 5-cent deposit on beer and soda containers to water and other non-carbonated beverages, capture all unclaimed deposits, and use that funding to offset other financial support to the Environmental Protection Fund. Additionally, spending in the EPF would be reduced by $50 million, which would be transferred to the General Fund. Notwithstanding these budgetary actions, the EPF is still projected to have a year-end balance of $34 million, and there will be no impact on any current funding commitments for environmental conservation.

Governor Paterson’s plan would reduce funding for several economic development initiatives, including local tourism matching grants ($1.5 million), JOBS Now ($1.5 million), the Focus Research Center at Albany Nanotech/RPI ($2.6 million), Technology Transfer ($1 million), and Faculty Development programs ($1 million). It is also recommended that the Centers for Applied Research and Technology program be allowed to expire at the end of 2008, providing savings of $900,000.

Other proposals include transferring excess revenues from certain State authorities and special revenue accounts into the General Fund, including the New York Power Authority ($40 million in 2008-09, $25 million in 2009-10) the Dormitory Authority ($6 million in 2008-09), the Office of Temporary Disability Assistance’s federal administration account for child support enforcement activities ($100 million in 2008-09, $5 million in 2009-10), the Battery Park City Authority ($20 million in 2008-09, $250 million in 2009-10), and the Empire State Development Corporation ($60 million in 2008-09, $8 million in 2009-10). Transferring funds from the Battery Park City Authority would be negotiated with that organization’s board, the Office of the New York City Mayor and the Office of the New York City Comptroller. It is expected that any potential transaction regarding the BPCA would include a comparable financial benefit for New York City as well.

Additionally, $50 million in eligible capital expenses for affordable housing previously anticipated to be financed on a pay-as-you-go basis will be financed through bonding.

“Thus far, in partnership with the Legislature, New York has acted swiftly and responsibly to respond to a deteriorating fiscal environment. And we must do so again at next week’s special session by making hard choices, not looking for easy answers,” said Governor Paterson.

Governor Paterson continued: “Raiding our $1.2 billion in rainy day reserves sounds logical, but doing so would provide only a fraction of the funds we need, does nothing to address next year’s record deficits, threatens our State’s good credit rating, and leaves us with no options to meet year-end expenses if the downturn is worse than expected. Delaying action in hopes of help from Washington sounds sensible, but doing so sends a message to our nation’s leaders that we aren’t willing to solve our own problems. Raising taxes in special session sounds easy, but ignores the fact that overspending is at the root of our problem.”

Full Detail on the Governor’s Proposals can be found on the web at: www.budget.state.ny.us.

Chad Loomis Supports Mark Suben!

I am pleased to publicly announce my support of Mark Suben for Cortland County District Attorney.

I have known Mark for 5 years, both before and after I was elected to serve Cortland County. In that time I have come to know Mark well. Mark is a man of integrity, values and commitment. I have always been able to talk with mark on issues and get his legal opinion. Mark will also provide a personal opinion, but only when asked.

He does an outstanding job as County Attorney and having spoken with him about his past experience, will make an outstanding District Attorney. He knows what the County needs to prioritize, and how to meet the goals.

I encourage you to visit his web site - http://subenforda.com/ where you will find information on Mark, his candidacy, his mission and his message.

Mark is a man who puts doing the right thing FIRST. Good luck Mark!

B&G Update - October 2008

October's B&G Committee meeting contained an update of the New York Power Authority (NYPA) Energy Audit of County facilities, including the County Office Building, the Courthouse, the Jail / Public Safety building, and the Highway Department. A presentation was provided by David Lane, in which the findings of the report were discussed.

Overall, the County appears to have the ability to engage in some energy renovation/retrofit projects that will provide energy payback and over time, save taxpayers money. How this is accomplished is by replacing older, outdated equipment and light fixtures with new technology materials that are much more efficient. In turn, they use less energy and over time, pay for themselves (the cost of purchasing them and having them installed). there is some state funding available for the projects, and the paybacks range from 9 to over 30 years. Those offering payback of more than 12-13 years would need serious consideration, as these projects are not necessarily seen as economically viable.

We will be working to make final adjustments to the report and take an overall look at the plan for our facilities so as to integrate the NYPA recommendations. The global look at energy savings can provide tens of thousands of dollars of savings to our utility bills per year, which can be returned to taxpayers - and into their pockets.


CROWS- The crow deterrent (sound machine) is available for use by non-profit and government agencies as the fall season approaches. If you are experiencing the roosting of crows in your area, please contact your town, village or city representative and the machine can be transported to your area and turned on to make the crows move along. A similar system was installed permanently on the County Courthouse with success.

DMV / BOE building - Bids are due for the 7200 square foot building tomorrow (10/10) at 2pm. There will be a public bid opening and a resolution has been drafted for the Budget and Finance meeting on Tuesday 10/14. We are hopeful that the pricing will be competitive and that we can begin to update and upgrade our buildings and continue to provide great services to the people of Cortland County.

Office of Aging/ South Main Street - we are continuing to study the Aging Offices for South Main street on the Moose / Robbins site that was purchased earlier this year. There are some challenges with site access, but we are optimistic that the outcome will provide better services and programs for the Aging. Stay tuned, we hope to provide more information once the DMV / BOE is awarded and under construction.

Please email with any questions or concerns you have. Thank you.

Accountability

From Wikipedia, the free encyclopedia

"Accountability is a concept in ethics with several meanings. It is often used synonymously with such concepts as answerability, enforcement, responsibility, blameworthiness, liability and other terms associated with the expectation of account-giving. As an aspect of governance, it has been central to discussions related to problems in both the public and private (corporation) worlds.

Accountability is defined as "A is accountable to B when A is obliged to inform B about A’s (past or future) actions and decisions, to justify them, and to suffer punishment in the case of eventual misconduct" ^[1].

In leadership roles, accountability is the acknowledgment and assumption of responsibility for actions, products, decisions, and policies including the administration, governance and implementation within the scope of the role or employment position and encompassing the obligation to report, explain and be answerable for resulting consequences."

I believe in accountability in all levels and forms of government. We must hold our leadership and ourselves accountable for their actions and decisions. We must ensure that communication is open, dialog is honest and that information is shared in order to best serve the people.

I am working with the Chairman and Legislative leaders to build and foster accountability with our County leadership. One example is ensuring that our Department Heads and Administration receive their annual reviews. In this way, we can offer and solicit feedbackwith regards to the efficient operation of the County, as well as share ideas on how the Departments can better function.

In addition, I have requested that the monthly Legislative Committee minutes be drafted and distributed to the Legislature prior to the Legislature monthly meeting. In this way the Legislators will have the ability to review the context of the meeting, the discussions on the agenda items and the votes tallied.

DMV / BOE Building Out to bid

The DMV / BOE Building located on River Street is out for bid. The project to construct the 7,200 square foot (+/-) facility to house the Department of Motor Vehicles and Board of Elections offices is scheduled to have bids due on Friday October 10, 2008 at 2:00pm.

A joint meeting of the Buildings and Grounds and Budget and Finance will be held to review the bids and make a recommendation to the entire Legislature.

The approximate value of the project is $1.2 - $1.5 million, the funding of which shall be from tobacco securitization funds. The result is no tax impact on Cortland County residents.

South Main Street - Aging Office Options

Below are the five options / layouts reviewed by JCM Associates and B&L Engineers on Thursday August 21 at 7:30 pm in the Cortland County Office Building Auditorium.

In attendance were approximately 30 neighborhood residents, Legislators and media.

Joe Maryak presented each of the options after the public was allowed to view them. A poll was taken to determine which option was most acceptable to the public and Legislators. By unanimous public vote, Option #5 was chosen.

Each of the options are below in order.

OPTION 1

















OPTION 2

















OPTION 3

















OPTION 4

















OPTION 5

Option 5 will need further development as the delivery truck access was not considered adequate. JCM will provide alternatives to alow for trucks to park along the north side of the building rather than blocking traffic on Main Street.

Proposed DMV Layout - River Street

These drawings were presented at the public meeting on Thursday August 21 at 7:30 pm. The meeting was held in the Cortland County Office Building and was attended by approximately 30 people.

The final DMV drawings will be presented to the B&G Committee at the September 9 meeting (7:30am).

You may click each jpeg to view a larger picture.

My Email to Concerned Citizens for Neighborhood Preservation

Good afternoon friends,

Last week the Cortland County Legislature approved conceptual plans to relocate the Office on Aging to the South Main Street site. This was based upon a study performed and presented by Barton and Loguidice (B&L) and JCM Associates of Syracuse, in which the space needs of the Aging Office were reviewed, and those needs laid out with its associated parking on the Woods and Moose properties. The result is a building of approximately 22,400 square feet, with 90 parking spaces on the 1.45 acre site which the County now owns. For information, all of the residential properties from the failed deal in 2005/06 have been settled in court and are no longer being considered for purchase.

I voted for the resolution for two main reasons:

1) I felt that the site can accommodate the building with some revisions, and will more appropriately fit into the scale and character of the neighborhood than the proposed (failed) combined health facility from 2005.

2) Moving the Aging office will allow for the development of a master plan at the Cortland County Office Building, and can co-locate all of the Health services into one building by relocating the Mental Health on Clayton Avenue and the Horizon House on Grant Street into the CCOB.

I believe that the building and site will require further review and revisions, including the final orientation of the building, access to the site and the "final" size of the building. Although the building was optimized for 22,400 square feet, the needs of the Aging office building was closer to 17,500 square feet. There is 5000 square feet of building, plus considerable basement space that was added to the building to optimize it on the site. This item will require assessment and determination as to whether this space is necessary and if it impacts the overall site due to the added size to the building. In addition, further development of the site will most likely lead to building aspect/footprint and rotate the building so the parking will be accessed from Main Street. The proposed site includes one way in and out via public alley and assumed easements, neither of which I support. I am in contact with County Planning and will be working with the consultants to ensure our neighbor streets are safe. I have attached the pdf of the report and the site for your information.

We are in the process of soliciting the design proposal for this site, as well as the DMV/ Board of Elections on River Street. Once the proposals are approved, I will be working with the Buildings and Grounds Committee and Kathie Wilcox (LD-5 Legislator), along with the consultants, the Aging Office, the Planning Department to develop three options of the South Main Street building and site design. These options will be reviewed the neighborhood residents . I encourage your attendance and input and will provide notice of those public meetings.

I thank you for your support and look forward to this project and serving the community as your elected representative in the County Legislature.

Regards,
Chad Loomis, PE
County Legislator, Ward 8
B&G Committee Chair

www.cortlandcrossroads.blogspot.com

June Update - County Office Building Space Study

Barton and Loguidice /JCM Associates recently submitted the final CCOB space analysis. It was delivered on June 24. I am currently reviewing the data and hope to form a committee to begin laying out the master plan for the facility. Copies have been distributed to the entire Legislature.

We hope to couple the plan with the NYSERDA energy audit findings, and apply for funding to help offset renovation costs as we upgrade lighting and HVAC systems with more energy efficient technology.

Some of the alternatives being considered are the consolidation of the Mental Health facility on Clayton Avenue and the Horizon House on Grant Street into the COB. Both facilities were identified as undersized and poorly laid out for the services provided. Co-locating these departments with the Health Department should provide better services for the community and more efficient operations, saving taxpayers money.

The Horizon House facility is currently owned by Cortland County. The Mental Health building is currently leased through the end of 2010.

June Update - South Main Street

At the June Legislature session, a resolution was passed to begin design on a new Area Agency on Aging Office.

For those unaware with the function of the program - http://www.cortland-co.org/ofa/Default.htm

The space study performed by Barton and Loguidice and JCM Architectural Associates indicated that the Aging Offices was in need of more and better organized area. The optimal program would require approximately 17,300 square feet. This is approximately 35% more than the current program.

The resolution passed called for a two story, 22,400 square foot building with full basement (making the total building area 33,600 square feet). The Democratic caucus and debate on the floor during the vote led to an overall decision to proceed with the design of the building. The additional space at this point (more than 5,000 square feet) appears to be surge space to optimize building size on the site.

I voted to proceed with the building design, however I stressed that the building in its current orientation, siting and size may be subject to change based upon further Code review and development of the plan. I agreed that two or three options will be developed for selection by the Legislature in conjunction with the area residents. May largest concern was access to the parking lot, which is currently shown as two single one-way driving lanes: an entry lane from William Street and and exit lane to Randall Street. These details will be worked out as the project moves ahead.

I plan to form a subcommittee to work with the Aging Office, the consultants, and the neighborhood residents. I will be inviting members of the Concerned Citizens for Neighborhood Preservation to participate in the subcommittee meetings.

June Update - DMV

On Thursday, June 26 the Legislature voted to proceed with the design of a nominal 7500 square feet DMV and Board of Elections office on River Street. There were two other sizes of building considered at 6500 and 4000 square feet, respectively however the first vote passed to provide adequate space for the DMV, BOE office and storage of the new voting machines.

The new voting machines are scheduled to arrive in the immediate future, and they will be temporarily be stored at County owned or leased property until the permanent facility is completed. The machines require routine maintenance and testing, and must be contained in a temperature and humidity controlled environment with power connections to allow for the machines to function properly. That, combined with the fact the the BOE and DMV are both independent departments from the remainder of the County yet share Motor Voter registration was the reason I supported and voted for the 7500 square foot building option.

Moving the BOE out of the Cortland County Office Building is one of the first steps to renovate and upgrade the CCOB. At only 1000 square feet, their current space can be utilized for other departments as the master plan is developed and implemented.

I will be forming a sub-committee to work the the consultant, the County Clerk, Elections Office, County Planning and the area residents.

County Cost Savings Ideas - Health Insurance

This is an email I sent to the Health Committee on April 30-

I have spoken to several County employees who have interest in a mutual benefit with the County as it relates to Health insurance. As you are aware, the cost of Health insurance is ever-increasing and a considerable burden on the taxpayers. The 2008 budget for the County's Health, Dental and Vision Self-Insurance fund was more than $8.5 million.

I would like to request that the Health Committee review and discuss the impact an "opt out" for County Health insurance for County Employees who fit predetermined criteria and elect not to take coverage. I recommend that proof of alternate insurance be provided and kept on file, however this program could offer substantial savings to the County as well as a benefit to those with dual (spouse) health insurance coverage.

This has been done with success around the country; we may be able to realize some success by offering County employees an incentive to take their spouse's coverage, providing a nominal allowance ($150-$200 / month) to offset premiums for the alternate policy. In comparison, I believe that family coverage offered by the County is in the order of $10,000 per year - therefore each employee electing to "opt out" of health insurance could receive a $2,000 benefit, and provides the County an $8,000 savings. While this may seem insignificant, just 60 employees participating in the "opt out" could result in approximately $500,000 for the County; 120 could be $1 million.

Here are some links of municipalities which have enacted such a program, and sample forms:

http://www.nassaucountyny.gov/agencies/comptroller/smart_savings.html

http://www.apria.com/resources/1,2725,494-738919-1,00.html

http://www.co.walworth.wi.us/county%20board/website/Agendas-Minutes/Human%20Resources/2007-2008/Minutes/November%2013,%202007.pdf

http://www.talbotcountymd.gov/index.php?page=Benefits#health

http://www.co.pinellas.fl.us/persnl/benefits/health.htm

http://www.lbo.state.oh.us/123ga/fiscalnotes/123ga/HB0379HR.htm

http://www.spotsylvania.va.us/emplibrary/New%20Emp.%20Benefit%20FY2008.pdf

http://www2.co.multnomah.or.us/County_Management/Benefits/Forms%20&%20documents/Medical-Dental/Medical%20Opt%20Out%20Flyer.pdf


There is also a Shared Municipal Service Consortium Initiative (SMSI) grant program that we might want to consider finding out more about-

http://www.dos.state.ny.us/lgss/smsi/smsihealth06-07.html


The NYS OGS also has a link for a similar program.
http://www.osc.state.ny.us/localgov/costsavings/index.htm

May B&G Committee Update

DMV Building - Working on the preliminary design. Survey completed, soil sampling is being performed. Hope to have schematic design complete by early July, at which point we will have public review and comment.

South Main Street - Moose property has been purchased; closing on the Woods property is scheduled for around July 1. B&L and JCM Associates are working through the Area Agency on Aging Office feasibility study related to this area and are determining the space requirements for a new building. Study should be complete in June 2008. From the study, we will determine whether a new Aging office building will fit on South Main Street and how it would lay out.

NYSERDA energy study - Brian parker (B&G Superintendent) has been requested to find the status on our Cortland County Office Building Audit and will provide an update soon. This information will provide some direction on renovations to the CCOB and what kind of payback can be realized by better controlling our HVAC and lighting systems.

CCOB Study - Waiting for report from B&L / JCM Associates that can provide a County master plan for facilities. Should be forthcoming.

Preventative Maintenance plan - Scott Schrader and B&G have developed a list of planned/ preventative maintenance projects for County facilities. The list was provided to the B&G Committee at the March Committee meeting. a 5 year plan was drafted to take care of building needs, the proposed impact is approximately $150,000 per year. There is currently no plan for preventative maintenance of our facilities. By getting a line item in the budget we can minimize the impact of reacting to required repairs at a much higher cost than a prioritized, prepared plan. This plan will be discussed in the next few months, finalized and sent to the Budget and Finance Committee for consideration in the 2009 budget.

Crow deterrent machine - B&G has fabricated a skid for the portable device in preparation for the fall season. A use plan has been drafted and the device should be ready to deploy when needed. Thanks to Brian Parker for his efforts, the machine should work as effectively as the permanent system installed on the Courthouse. We hope to keep the thousands of crows at bay, and prevent the birds from roosting in the City trees and creating potential health hazards from their excrement.


Any feedback or suggestions is appreciated.

Gasoline Tax

I am pleased to announce that I have asked the Budget and Finance Committee to place the topic of the County Gasoline Sales Tax on the May meeting agenda.

I am hopeful that the County will consider a temporary freeze or cap on the sales tax placed on gasoline and diesel fuel in Cortland County. I support this measure as a means of relieving the burden on Cortland County residents.

I also believe that this cap will help stimulate local economy as visitors who travel through or to Cortland to fill up will also take time to shop for goods and services in the County.

I am requesting that the previous year and projected sales tax figures for County gas revenue be provided to Legislators for review. I am hopeful that the temporary cap can be put in place from Memorial Day through Labor Day.

I encourage your thoughts on this issue.

South Main Street Properties

The Planning Department will be providing the B&G Committee with site and aerial plans of the two properties being secured by the County on South Main Street. We hope to review these plans with JCM Associates, who is performing a feasibility study for the County on the Area Agency on Aging.

The study will take a close look at the needs of the department, and program for an updated or newer facility and how it might look if located at the South Main Street site.

Based on this study and the County needs assessment plan at the Cortland County Office Building, it will be determined which direction the County proceeds overall.

DMV Building

I am pleased to announce that I am exploring grant opportunities for the new DMV building, which is in the schematic design phase. I hope to be able to secure funding for photovoltaic (PV) energy that will be incorporated into the design of the building.

NYSERDA (New York State Energy Research and Development Authority) sponsors an incentive program which will assist our County to promote and utilize alternative energy.

In addition, I will be working with the design team, JCM Associates and Barton & Loguidice to use innovative technologies in the building, such as low-flow sinks and toilet fixtures, daylighting and energy efficient mechanical equipment.

All of these ideas will ensure responsible design and energy savings.

Blog Format Change

Hello! I am proud to announce a format change to the blog!

I will soon begin posting thoughts to the blog. I intend to express my opinion and position on County issues to my constituents on topics.

I hope to solicit feedback on issues facing our county that include, but are not limited to energy, taxes, facilities, planning, and resources.

I encourage you to sign up and leave comments and write me emails. Thanks!

3/15/08 - Alderman Jim Partigianoni dies at age 78

Bob Ellis/staff photographer
An umpire for over 50 years, Jim Partigianoni makes a call at first from a fold-out chair during the annual Old Timers Fast Pitch Game at Meldrim Field July 18. Partigianoni died Friday at age 78.

(As published by Cortland Standard, Aimee Milks reporting)

CORTLAND — An avid politician, a family man and baseball nut are some of the terms many people in the Cortland community would use to describe Jim Partigianoni.

Partigianoni, commonly known to everyone as “Parg,” died Friday morning at the age of 78 from a heart attack while he was visiting one of his five daughters in Michigan.

“He was chopping snow off the sidewalk as he was on his way to the library … and had a heart attack,” said Kathy Oliver, one of Parg’s daughters who lives in Tennessee. “He loved to read, he always had to know all the news.”

Born and raised in Cortland, Parg was very active in the community, umpiring baseball and softball games and serving on the city Common Council for six years.

“I often asked him to resign so it wouldn’t wear his heart out, but that’s where his passion was,” Oliver, 50, said of her father’s position on the Common Council. “He wanted to revive Cortland.”
Mayor Tom Gallagher said Parg just loved what he was doing.

“Probably out of all the aldermen, he was the most available and in contact with his constituents,” Gallagher said. “It was his second love after umpiring … he truly was a dedicated public servant.”

Gallagher said the Common Council meeting Tuesday night is canceled out of respect for Partigianoni.

In recent years one of Parg’s pet projects was the East End Community Center, which opened in early 2005.

“He loved the idea of the East End Community Center,” Gallagher said. “He was a big part in getting that started.”

“He really loved his community center there,” Oliver said. “He felt like it gave people a place to go.”

Parg’s wife, Carol, his five daughters — Pam, Kathy, Jamie, Colleen and Kelly — and his 12 grandchildren survive Parg, who had recently been in and out of the hospital for his health.

“I am so proud of him,” Dominick Partigianoni, Parg’s older brother said Friday evening. “He did it all, with his whole heart, and everything he did was conscientious.”

When their father died and his mother worked hard to hold the family together, Dominick remembers the entire clan piling into the back of a panel truck to go pick beans for the Halstead Canning Co. And no one picked beans like Jim Partigianoni.

“For some reason or another, bean picking was a talent for me,” Parg said with a laugh in a 2004 Cortland Standard interview.

He held the record for most beans picked in one day, 617 pounds, and regularly picked 450 pounds a day.

“He was one of the best pickers, bean pickers. He really was,” Dominick said. “That bought our coal for the winter, bought our school clothes and paid our taxes.”

Parg served in the U.S. Army as a tank gunner and tank commander from 1948 to 1954, stationed along the border with the Soviet Union.

“He told me many times about how the Russians harassed him,” Dominick Partigianoni said.
The deafening blasts of the artillery took a toll on Parg’s hearing and his booming voice developed as a result. Whether calling a player out, making a point during a Common Council meeting or talking on the telephone, Parg could always be heard — he was loud.

After the army, Parg worked at Smith Corona as a fabrication supervisor until his retirement in 1994.

Oliver said she talked with her father earlier in the week.

“He sounded great,” she said. “He was excited to go visit my sister. We were talking about his health and the hospital, my sister, and politics … that’s probably why he was going to the library, to get on the Internet and read about the primaries.”

Oliver added that her father was a passionate family man who loved when the entire family was together.

“He was very sacrificial, he gave up a lot to send five kids to college,” she said.

“I just think he’s one of those generous people I know,” added Jamie Brown, Parg’s daughters who lives in Cortland. “He’s always looking out for the underdog.”

Brown recalled a fond memory of one of their family trips when they were going to see her sister Kathy in Wooster, Ohio.

“It was late at night and we were a little disoriented so we stopped for directions,” she said with a little chuckle in her trembling voice. “My dad rolled down the window and meant to say, ‘Which route to Wooster,’ but said, ‘Which woute to Rooster.’ He just had a way with his words.”

Harley Bieber, 72, of Dryden, had been an umpire with Parg for 35 years.
“Jim loved officiating. Of all the things he loved in his life, I think umpiring was close to the top if not at the top. He’s going to be dearly missed in the sports world,” said Bieber, who was recruited to umpire by Parg. “ He got a tremendous amount of respect from everyone. He really stressed professionalism; being fair and just. I think that was his whole life — being fair and just, not just in umpiring.”

Gallagher said the Common Council will appoint another Democrat from the 7th Ward who will serve until someone is elected in the November general election.

“He was a real pillar on the council, he always had the best interest of the city on his mind,” Gallagher added. “Besides that, he was very entertaining.”

Funeral arraignments have not been finalized. Parg would have turned 79 on April 21.
———
Staff Reporter Evan Geibel contributed to this article

My condolences to the Partigianoni family. Jim was a great man.

2/29/08 - County to study attorney’s office

(As published by Cortland Standard, Evan Geibel reporting)

Cortland County will look into the possibility of revising the current county attorney system in order to remove politics from the appointment of the county attorney.

The Legislature decided Thursday night to hire local attorney and Cortlandville Town Justice Fran Casullo to conduct a needs assessment of the county’s use of attorneys, to recommend any possible revisions and research any possible legal barriers to an overhaul.

Casullo would be paid $90 an hour, not to exceed $5,000.

Legislator Tom Williams (R-Homer), who contacted Casullo about the project, said Casullo would not be interested in the position once it was created.

County Attorney Mark Suben told the Legislature that a lawyer should conduct the investigation because he would be interviewing other attorneys, and it takes a lawyer to understand certain legal nuances.

Legislators have said that they want to de-politicize the office, in which appointments at the beginning of each new term of the Legislature and has been used as a political tool.

Casullo will not be examining the offices of the district attorney office of the district attorney or public defender.

County Administrator Scott Schrader said the county regularly hires two law firms to handle personnel matters, a third law firm to handle workers’ compensation claims, and three full-time attorneys who work in the Department of Social Services. That department also has two paralegals.

The county attorney’s office consists of the county attorney and two assistants, and also employs a paralegal.

Also, Thursday night’s meeting, legislator Tom Williams pulled from consideration a resolution he had proposed that would have asked the state Legislature to enact legislation allowing counties to create the position of conflict attorney.

2/28/08 - Traffic safety panel looks at Church St. truck traffic

(As published by Cortland Standard, Evan Geibel reporting)

The Cortland County Traffic Safety Board discussed the impact of truck traffic on the southernmost section of Church Street Wednesday, but decided there was little to be done unless the city of Cortland changes its ordinances.

Cortland County Legislator Kathryn Wilcox (R-5th Ward) said residents are upset with the volume of tractor-trailers on the road, which is divided into narrow driving lanes by a grassy median.

Wilcox said the trucks often drive up onto the median as they turn onto the street and sometimes become stuck behind parked cars, honking their horns until the car is moved.

The trucks are heading to Marietta Corp. on Huntington Street to deliver their product, which Deputy Police Chief Frank Catalano said is in line with the city’s ordinance.

Although the sign at the entrance to south Church Street prohibits all truck traffic outside of local deliveries, Marietta constitutes a local delivery.

Wilcox wondered if the intent of the ordinance was to prohibit 18-wheelers and allow smaller delivery trucks, but Catalano said the language is not that specific and the tractor-trailers are entitled to deliver their product.

Pendleton Street to the east and south Main Street to the west are both truck routes and feed onto Huntington Street, and are wider and more able to accommodate large truck traffic, the board agreed.

But moving the trucks off Church Street could increase the traffic passing by Randall Elementary School on Huntington Street on its way to Pendleton Street.

This topic hit close to home with me, as I live on the 8th Ward side of Church Street. I have had several conversations with my past Aldermen and Legislators, as well as the Cortland Police.

The City Police offered this to Kathie (in BLUE)

"This issue comes up all the time as a result of there being a large industry on Huntington Street. According to City Code Article XI (Truck Route System):

All trucks, tractors and tractor-trailer combinations having a combined gross weight of vehicle plus load in excess of five tons are hereby excluded from all highways within this City, except from those highways listed in Subsection A, EXCEPT this exclusion shall not be construed to prevent the delivery or pickup of merchandise or other property along any highway from which such vehicles and combinations are excluded.

Thus, vehicles are permitted to use feeder streets to conduct commerce within the city limits and the police are not authorized to prohibit this activity. This section of the City Code was Adopted August 5, 1969 and amended September 4, 1990."

This is the email I sent to Kathie Wilcox prior to the meeting:

Thanks for the follow up. We had met with Chief Nichols several years ago about truck traffic and the parking issues around the park. As far as the parking, we were told to call if there were issues as they occurred. Normal police partols around game time(s) have never happened, and oftentimes patrol cars will drive by illegally parked cars without ticketing during the season.

I certainly understand that the City Police department is busy and appreciate their efforts. I also think that we need to be proactive in taxpayer issues and that occasional "reminders" to neighbors, including local business and visitors to our parks, will show that we are a community that cares about our families and our safety. Whether this needs to be done by the police department, or through communications of elected officials including the Mayor and ourselves should be discussed at the CCTSB.

It appears that the Code related to truck traffic -as usual - does not have any enforceability the way I read it. This is what Chief Nichols had explained at our meeting without providing a hard copy of the text. Since Marietta is a "local delivery", then they can basically take any roads they want to get to the building. It doesn't matter if they are getting supplies from Texas, California, or the corner gas station, the delivery is local - to Marietta.

I have seen a decrease in the amount of truck traffic after Marietta began to utilize the Rubbermaid plant. Most of the trucks between Marietta and Rubbmaid will travel down Pendleton Street. It seems very silly to even have that section in the code as the exception nullifies the intent of reducing truck traffic on feeder streets.

I would like to read the entire section, but the Codes haven't been on line for over a year. From the City of Cortland web page http://www.cortland.org/city/fire/code.htm,

"The current on-line version of the code has been removed from the website as the Zoning chapter is not the current version. The Zoning Chapter is under further revision and will be made available when complete. For information regarding current regulations please contact the Zoning Officer or the Code Enforcement Office."

Maybe you can request a copy at the meeting, in whatever form it is in. If the updated Code hasn't been issued, maybe we can work on better wording and provide a tool for better enforcement.

2/27/08 - Habitat opens office in East End Center

(As published by Cortland Standard)

CORTLAND — Habitat for Humanity of Tompkins and Cortland counties has opened up an office in the East End Community Center. It will serve as a base for the non-profit’s informational and recruitment activities. As an affiliate of Habitat for Humanity International, the agency is an ecumenical housing ministry dedicated to the elimination of substandard housing and homelessness worldwide. It counts on volunteers and donations to build and rehabilitate modest homes in partnership with families in need.

Founded in 1987, the local Habitat for Humanity has built or rehabbed ten houses in the two counties. In Cortland, it completed a new three-bedroom house in 2007 for a family of five and is finishing up a rehab for an extended family. This spring, the group is planning to break ground for a new, environmentally “green,” energy efficient house on the corner of Tompkins and Delaware streets in Cortland. We are currently looking for a family for that house.

In the Habitat office, you will find Phil Allmendinger, an AmeriCorps VISTA volunteer and resident of Dryden. Phil will be recruiting local volunteers to help grow the organization so more houses in each county can be built.
It needs people who would like to work on family selection and support, development/fund raising/public relations, construction and volunteer supervision, and site selection.

If you want to learn more about Habitat for Humanity or want to volunteer or make a donation, please call Phil at (607) 220-3947, visit the Web site: www.tchabitat.com or make an appointment to visit Phil when he’s at the new office.

Congratulations and good luck! This is a great asset to the community!

2/20/08 - County to settle with William St. homeowners

(As published by Cortland Standard, Evan Geibel reporting)

The county will settle with the owners of a home that had been included in the failed south Main Street public health building property purchase if the Cortland County Legislature agrees with a Budget and Finance Committee’s recommendation.

The committee approved a $12,475 settlement for James and Yvonne Cole of 11 William St., based upon negotiations originally conducted by former County Attorney Ric Van Donsel and recommended at a Nov. 29 meeting of the committee.

County Administrator Scott Schrader took issue with another settlement whose approval Van Donsel had recommended, and the Cole property was caught up in the controversy.

Budget and Finance Committee chair John Troy (D-1st Ward) said he didn’t see any hurdles for the settlement when it is brought to the full Legislature for a vote on Feb. 28.

“The Cole property kind of got swept under the table, but the county attorney and Scott Schrader both recommended the settlement on the property,” Troy said Tuesday afternoon.
Schrader was unavailable for comment Tuesday.

“Under the circumstances, it appears to me to be fair and reasonable,” current County Attorney Mark Suben said Tuesday morning.

The Coles had originally requested $20,000 after the county backed out of purchasing their home for $90,000. The Legislature had decided to purchase a total of nine properties on and near south Main Street in December 2006 with the intent to construct a public health facility to house the Health and Mental Health departments.

It then backed out of those agreements in January, prompting a lawsuit in which a judge ruled the county had violated a valid contract to purchase the properties.

While the county has agreed to purchase the two commercial properties involved in the deal, three of the residential property owners sought settlements from the county for damages incurred after the original purchase fell through.