By Western front, I mean Poughkeepsie, and while not all is well, things are looking up. This month, by a 24-1 margin the County Legislature moved initiatives of new County Executive Marc Molinaro forward in crucial areas of economic development and solid waste planning. Contrary to possible inferences, these were not rubber-stamping votes. The Legislature was critical – asking probing questions and performing soul-searching – and the Molinaro administration had to exert effort to work to curry favor, and they did. We proved that the democratic process worked while moving forward important initiatives. This is how I define wellness.
Responding to economic and unemployment angst heard on the campaign trail, the new county executive began our legislative term with a plan to restructure the planning department by adding a deputy in charge of strategic planning and economic development. The goal of this high level (but revenue-neutral) position will be to help regionalize local projects, support small business and grow the economy through planning, coordination and pro-activeness. It would be independent of, but work alongside, current economic entities including the Industrial Development Agency and the Economic Development Council. During our committee deliberations I was among the idea’s detractors.
I questioned philosophically whether government should become involved in job-creation and growing the economy. While acknowledging a perceived voter expectation of government leadership in these realms I questioned whether our role might be better served by staying outside and letting private enterprise correct itself. Practically I also inquired about whether concentrating influence in the county might strip autonomy from local governments. I was afraid that in the interest of “regionalization” that the county might place undue pressures on rural communities to accept development projects that may benefit the region but have the potential to scar and change the community identity that many of us work so hard to preserve. I could visualize the potential clashes between noble but competing values, and I spoke up for what I believe are the core values of the people I represent.
Other legislators were likewise concerned in many areas including whether this might just be a duplication of services like those performed at EDC and IDA. The County Executive and ...
<< MORE >>The topic got me thinking. In the Eighteenth Century support for children was considered a moral, but not a legal duty. Not so today. In 1975, the U.S. Congress enacted federal-state child support enforcement. Their goals were to reduce childhood poverty and reduce the welfare rolls. Congress assured States that they would be compensated with federal funds under TANF (Temporary Assistance to Needy Families) if they aggressively established paternity (goal of 90 percent) and set up systems for child support collection. Congress underscored child support programs as priorities in 1988 and again in 1993. How successful this system meets its goal is up to debate. In 1975, 17 percent of children under 18 lived below the poverty line. In 2009, that number was 20 percent.
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Editor's Note: Although Mike did not receive the nomination for Assemblyman, we reprint his speech here so that the issues and values contained
therein may live on.
Welcome! I say welcome because not only do I
represent Pleasant Valley in the County Legislature, but Pleasant Valley is also my home.
Two-Hundred and Thirty-Six years ago a Presbyterian Minister from Pleasant Valley by the name of Melancton Smith stepped forward in his service to his town and fellow citizens. He became a delegate to the New York Provincial Congress then considering whether to break away from Great Britain. He helped organized militia, which he named the Dutchess County Rangers, and he served as county sheriff during the war for independence. Afterwards he fought against slavery, became a delegate to the Constitutional Convention as a fierce defender of state and local rights. When it came time for New York to ratify the federal constitution Melancton Smith was a key vote in approving the U.S. Constitution albeit with assurance that the rights of the individuals would be protected. Afterwards, in 1791 Melancton Smith of Pleasant Valley was elected to the New York State Assembly.
I tell you this at the start of my speech where I will ask for your vote to nominate me to represent you in the New York State Assembly, because our shared history, our heritage is part and parcel of who we are. From Red Hook, who will celebrate its 200th anniversary this year to Wassaic, whose Borden Milk factory was founded 150-years ago last year whose condensed milk proved pivotal to outfitting our troops in the U.S. Civil War we hail from a proud region. We live in historic towns. You and I cherish our towns and the sense ...
<< MORE >>Even the most mild-seeming government regulation affects the people under its care. I remind myself of this frequently when weighing proposed county legislation versus the social contract theory of 17th Century philosophers Hugo Grotius, Thomas Hobbes, John Locke and others. These thinkers held that for the good of the whole, individuals mutually consent to cede certain rights so that we all can live in stable tranquility. As the County Legislature debated two proposed local laws at its November board meeting I found myself asking whether the societal benefits were worth the forfeited rights of the individual, as well as concepts of punishment, administrative justice and the nature of humanity.
The first law proposed banning the riding of horses, snowmobiles and all-terrain vehicles on county rail trails as well as Bowdoin and Wilcox Parks. An earlier draft of this law considered in August proposed banning kite flying, sledding, and other commonly viewed park activities. I was a vocal opponent to that draft of the law as these were activities that to me were park pursuits per se. In response the County Parks Department scaled back their proposed banned activities list to target only horse-back riding, snowmobiling and ATV-use. This we considered this month.
An amendment that I supported to allow exceptions for horseback-riding in Wilcox Park at the discretion of the Parks Director failed to gain sufficient votes. The County Attorney told legislators that the County considers it at risk for liability if injuries were to arise from horse or motor vehicle accidents. The penalty provision of the proposed law made ATV or snowmobile-use a violation and impoundment for first offense, but a misdemeanor upon second offense. The penalty for riding a horse in county parks was an automatic misdemeanor with possible jail time on the first offense. To this disparity in treatment I objected and succeeded by amendment in removing jail time for equestrians and in making the first offense a mere violation likened to a parking ticket. Because the law was amended on the floor, a vote on the entire law was precluded. It is expected to return to our agenda on December 1st (committee) and the 5th (Board meeting). Public comment will be permitted.
The second law was an update of a 1987 law that required the licensing of pawnbrokers, and their regulation in mandatory reporting of all purchases of jewelry and precious metals. The concept behind this law was that by logging purchases, that law enforcement would be better able to track sales of items reported stolen in area burglaries. While a legitimate use of the police power I argued against this law on a number of grounds. First it required the prior collection of the seller’s information including a thumbprint that I thought automatically held all humans as suspect: “a ferocious animal” in the depraved human nature characterization of Thomas Hobbes. The majority of people have honest reasons for the commerce of precious metals I argued as in estate sales or economic need. I objected to the inference that humanity is intrinsically bad by default.
I also objected that the law places an undue burden on local brokers that will discourage small business in an age of unregulated Internet sales of jewelry, coins and metals. The law’s extended wait period prior to sales from 5-7 days to give law enforcement more time to track would-be thefts could also deter the use of local pawnbrokers, as would the required daily sworn affidavits that pawnbrokers need to file describing their business dealings. Failure to comply could result in license forfeiture, with no checks and balance in the appeal process. After discussion on my objections the sponsors pulled the local law prior to a vote. It is unknown whether it will return in a modified form.
Michael Kelsey represents Amenia, Washington, Stanford, Pleasant Valley and the Village of Millbrook in the County Legislature. Write him at KelseyESQ@yahoo.com.
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