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Wellness on the Western Front

 

                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 ...

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Costs and Fairness of Child Support Considered

                Separately in recent weeks, Dutchess County has been considering the gigantic cost to house inmates at the county jail, and the increasing costs of indigent counsel at Family Court including the approved proposal to utilize public defenders in family court matters. I married these two issues together in asking jail administrators about the jail census. I learned that approximately one inmate per day at the County jail is there because he (mostly men) failed to pay child support. This was disturbing to learn since county jailing costs are so high due to overcrowding (we pay $6million a year to house out inmates to other counties). Not to mention there seems something archaic about using the county jail as a debtor’s prison. It also seems largely counter-productive to detain someone for non-payment, when the detention prevents them from working to pay down the debt. Presently attorneys are not assigned to poor people in child support matters. With the new public defender model coming to Family Court, I have requested that public defenders look into unpaid child support cases in an attempt to keep county taxpayer costs at the jail from rising further.

                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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Mike's Speech to the Republican Nominating Convention for NYS Assembly 103rd District


                           January 14, 2012: Pleasant Valley Town Hall


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 ...

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Legislative Chairman Outlines 2012 Agenda

At the County Legislature’s opening session in early January we re-elected Rob Rolison as our chairman for the third consecutive year. Chairman Rolison spoke of our policy priorities for the coming year in his acceptance speech. Excerpts are included below: 

Solid Waste
“In 2010 I created a Resource Recovery Reform Committee that was designed to investigate ways to improve our recycling rate and reduce the County subsidy from our waste-to-energy facility. Under the leadership of Legislator Jim Miccio (Fishkill) this committee has researched and debated how best to fulfill its mission. Their conversations with waste haulers, solid waste managers, consultants, community leaders, State agencies and regional partners have resulted in a better informed Legislature and public regarding the issues of resource recovery. It is the belief of this Committee that the waste-to-energy facility does provide a vital service to the people of Dutchess County – a more environmentally friendly method to dispose of 100,000 tons of solid waste annually than burying it in a landfill. Thus it should not be shuttered, but perhaps sold. Placed into the hands of private operators the facility might become self-sufficient with an opportunity to expand via private investment. … If the public sector is incapable of doing something smarter and cheaper the private sector should have the chance to take the reins.”

Jail
“The Dutchess County jail continues to exceed capacity on a daily basis. A jail designed for 292 inmates with a population often in excess of 400 has resulted in the dangerous and costly policy of boarding out inmates in other jail facilities around the State. … In the very near future the Jail Study Advisory Committee, chaired by Legislator Ken Roman (Poughkeepsie), will release its report for feedback and in it they move Dutchess County one step closer to hiring the necessary consultants to develop plans to expand and modernize our current jail facility. If the current jail’s footprint is not suitable then a new location must be found to house our inmates. Whether it is a retro-fit of an existing structure or a brand new one, the bottom line is that a bricks and mortar solution is needed to address the issue of overcrowding at the jail.”

Mandate Relief
“We legislators must pledge to work with our new County Executive [Marc Molinaro] and help him create the government infrastructure needed to assist businesses, create jobs and revitalize our economy. We can assist our businesses and families by doing what we have done for the last two years – maintain core County services while ...
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County's Transition Is an Opportunity for Reflection on Our Heritage

The New Year’s holiday causes us to look forward to 2012 with anticipation, but also to reflect back on the previous year. With the transfer of power from County Executive Bill Steinhaus to newly-elected Marc Molinaro, Dutchess County government has also been looking both forwards and backwards. The Legislature recognized Steinhaus for his long service to county government at the final county legislative meeting in December. First elected in 1991, he served as County Executive for 20 years and as County Clerk for thirteen prior to that. We also honored four departing legislators including Suzanne Horn (R-Pleasant Valley) and Sandra Goldberg (D-Wappingers), both for 20 years of dedicated service. High-ranking staff retirements included Legislative Clerk Patty Hohmann, after 38-years at the Legislature and Steinhaus’ Chief of Staff, Nancy Giordano. In many ways it is an end of era, not to mention the start of a new one.

Steinhaus spoke about how he was inspired to enter public service through his freshman political science course at Dutchess Community College. At the time his professor, Jack Lippman, was chairing the committee that produced the County Charter — the instrument that today provides the framework for County Government. Hohmann, who began clerking for the Legislature in the 1970s, reflected on how things have changed including when Legislative meetings were dominated mostly by men smoking big cigars. At retirement parties the walls were adorned with photo collages depicting the progress and evolution of Dutchess County in the last few decades. It seemed to underscore perfectly Steinhaus’ advice to legislators as he reflected on the close of his county career, “Democracy works.

Documenting and recalling history is important. Filling a void in historical scholarship the County Legislature appropriated $25,000 in the 2012 County Budget to appoint a County Historian. Provided for in the Charter but vacant for some time, the Historian position is intended to record our history and heritage because history and heritage is central to maintaining and understanding our identity as a county.

When appointed the new County Historian will take his/her place on the County Heritage Committee that was formed in April by a resolution that I authored. This Heritage Committee has been meeting since October to plan activities to commemorate the County’s proud history during Heritage Days (October 23rd-November 1st) including a special 2013 celebration of the 300th anniversary of democracy in Dutchess County. The committee reflects the geographical differences of the county (opportunities to serve still exist), and is composed of town historians, school teachers, academics, re-enactors, genealogists and history buffs from all walks of life. It wisely paired up with Dutchess County Tourism for help with marketing and — it is hoped — will result in local economic fecundity.

The Heritage Committee has designated five themes that they are focusing on to illustrate the County’s heritage. These include Agriculture, Education, Transportation/Industry, Political/Military, and Arts/Architecture/Culture. The committee is seeking volunteers to serve on these subcommittees. Early brainstorming ideas include producing a commemorative book, websites, classroom lesson plans and events including a possible transportation-themed parade showcasing the evolution of locomotion in all its various forms.

History is fascinating. So also is opportunity. As county government turns a page we look forward not only with appreciation for the past, but with a commitment to excellence for the future.
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County Mental Health Clinics to Change in 2012

Dutchess County’s 2012 budget includes a shift from continuing day treatment (CDT) mental health clinics to those with a personalized recovery emphasis. This change will be felt this year in Millbrook, Dover, Rhinebeck, Poughkeepsie and Beacon. It is a decision that as it stands now will result in the layoff of 22 jobs in April, and the all but certain legal arbitration initiated by their union. The shift from continuing day treatment where participants go daily for continuous care is to a clinic model that is designed to be temporary care. Its goal is to transition people; allowing previously institutionalized persons to integrate back into the community by imparting independent living and employment skills. Among all the statewide changes to the modern mental health system that 2011 ushered in, it will be the least unsettling in fulfilling the State’s role to those in need.

New York’s role in the mental health field dates to 1894 when the Constitution was amended to create a system of State Hospitals for the insane. It was not however until the Great Depression in 1938 that the State leapt head-first into social welfare by adding two articles to the State Constitution: Housing and Social Welfare. Section I of Article 17 specifies “the needy” while Section III describes “those suffering from mental disorder or defects” as targeted populations. The constitutional change is significant as it created an affirmative social expectation for the needy as well as a requirement for the State to assume a major role in meeting their economic and social needs.

The same Constitutional Convention enshrined social rights by making social welfare among the exceptions to its own limitations on use of state credit and restrictions upon local debt and taxation in Section 8. This meant that governments still had to exercise fiscal discipline, but that they could go into debt or tax to provide for the needs of the less fortunate. Specifically mentioned in the Constitution were aid and support for the needy, children, the unemployed, the sick, the old, and the physically handicapped. The language went beyond permissive (may) but said that it is “the responsibility of the State for the aid, care and support of persons in need.” A 1977 Court of Appeals case, Tucker v. Toia, reaffirmed the seriousness of the State’s role in determining that it was the judiciary’s role to see that the Legislature does not “shirk its responsibility.”

With hospital closures and sweeping systematic reform amid the trying financial times of today, the State — it could be argued — is departing at least in substance if not in form from the policies of 1894 and 1934.

The same is not true of Dutchess County. The shift from CDTs to recovery clinics, although accelerated by the decrease in state reimbursement rates, is grounded also in modern concepts of mental health. The elimination of 49 positions including 22 layoffs will save taxpayers money and the new privatized recovery clinics will be infused with a philosophy that emphasizes not mental illness, but mental wellness.
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Adopted 2012 County Budget Reflects Policy Change

By a vote of 16-9, the Dutchess County Legislature passed the 2012 County Budget in early December. The budget raises the tax levy by 3.3 percent but keeps it under the state-imposed tax cap because pension costs and other expenses are exempt from the two-percent cap. Due to declining home values the tax rate will increase about six percent, which translates into about a $50 increase for a home valued at $250,000. While some including the County Comptroller have been critical of the budget’s sizeable reliance on fund balance ($25 million) Moody’s Investor’s Service seemed less concerned instead renewing the County’s Aa2 bond rating a week prior to the budget’s adoption.

Legislative leaders worked with outgoing and incoming county executives Bill Steinhaus and Marc Molinaro in adjusting expense lines and realigning priorities. Changes include holding money in contingency to cover election expenses should the Governor call for a special election for the 100th and 103rd Assembly Districts which are vacant by the death of Assemblyman Tom Kirwan (representing Beacon and Poughkeepsie), and in Eastern Dutchess the resignation of Marc Molinaro to assume the office of County Executive.

Also in the 2012 County Budget is a strong emphasis on solid waste management including funding for a solid waste director and three staff members including a recycling coordinator. There was a clear shift in environmental priorities towards county leadership on solid waste which was central to a consultant’s report received earlier this year. I supported the shift although I remain uneasy about growing government when public opinion seems to be moving towards the eventual disbanding of the Resource Recovery Agency and privatization of the industry. I’m assured that the county solid waste department will be temporary tasked only to facilitate the eventual privatization of the waste industry, but I have my doubts.

Solid waste management was given higher priority in the 2012 budget than other environmental issues including a $25,000 reduction in the environmental program at Cornell Cooperative Extension. The environmental programs affected include the citizen-led Environmental Management Council which provides coordination to town conservation councils. I fought for the restoration of CCE environmental funds but was unsuccessful in part due to several legislators’ criticism of EMC independently involving itself in the solid waste field.

I did however achieve success in maintaining agriculture as a county priority by increasing the Cornell Cooperative Extension budget by $16,000. The new funding will benefit farmers by permitting the county to enter into a regional fruit and vegetable program as well as increase consultant staff hours for farm visits to assist new and emerging farms. An additional $16,000 was awarded to the Soil and Water Conservation district to assist with stream management and rehabilitation to prevent flooding as experienced in recent storms.

The two largest institutional changes include the creation of a family court public defender unit to provide indigent legal counsel and the layoff of 22 mental hygiene jobs as the county’s continuing day treatment clinics are privatized to embrace a new mental hygiene recovery-oriented model. A small appropriation was also given to the Criminal Justice Council to assist the Legislature when the time comes to move forward in alleviating jail overcrowding.

These noble agenda items notwithstanding, the agreed-upon central mission in 2012 will, by necessity, be efforts to replenish the County’s fund balance.
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Assigned Counsel Poised to Change at Family Court

At the time of this writing the County Budget has passed from committee and is awaiting approval by the full Legislature. An important institutional change that seems imminent is the shift in assigned counsel at Family Court to a public defender model. All three family court judges spoke at length against a public defender model at public hearings and in letters alluding to anticipated inefficiencies in quality of representation, cost and workability. Yet the public defender model appears ready to succeed largely because it is funded in part by a grant, freeing up tax money to be spent on other needs. Budgets like all government policy are shaped not always by what’s ideal, but by the bottom line.

County government's Public Defender office presently provides indigent legal counsel to residents charged with a crime without means to afford their own attorney. In Family Court, judges presently assign private attorneys not on the county payroll, who the judges argue are actually cheaper in that the county does not pay overhead for private attorneys. The judges also argue the typical criminal matter is simpler since plea bargains are standard, but that in family court cases emotions are high-charged, outcomes are less certain and basic legal representation includes night and weekend work when visitations tend to take place.

The fields of criminal law and family law are incongruent. Criminal law is punitive, seeking to punish criminal acts while serving public purposes. It exercises the power of the State to satisfy society’s need for retribution, while deterring future crime, and denouncing wayward conduct. The role of family law however is not to send normative messages or determine guilt but to remedy practical problems with the goal of stabilizing or preserving families. Family law is not intended to be punitive, and often considers the interests of all involved family members particularly children. Wherein a typical criminal case will have two parties — the prosecution and the defense, in family court it is not uncommon to find three, four or five parties all represented separately by counsel (children, grandparents, aunts, uncles, etc.). Privately assigned counsel will still be needed for these third parties even if the county adopts a public defender model since the public defender will be conflicted from taking more than one side in a case.

What's being decided then is whether the County should hire two attorneys to reduce the caseload of the current private attorneys. These salaried employees who will enjoy county overhead and benefits will only be available to clients between the hours of 9-5, Mondays through Fridays when not in court. They will be conflicted from taking neglect or child abuse cases as the County (Child Protective Services) brings the charges. They also may be conflicted from domestic violence cases if the matter is also being tried in criminal courts. The judges say it’s a bad idea. It’s too bad in this day of tax caps and stringent budgets that reason and quality of service must take backseats to new revenue lines.
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Equestrians and Jewelry-Owners Take Note: County Considers Local Laws

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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County Executive's 2012 Budget Released

On November 1st County Executive Bill Steinhaus issued his final County Budget, for which the Legislature will spend most of November scrutinizing and amending before final adoption in December. After twenty years at the county’s helm Steinhaus will retire in January. In a sense his final budget appears a parting gift. It includes not a single cut to county contract agencies including Millbrook’s Cornell Cooperative Extension. In fact, the proposed budget includes funding for a new 4-H leader, agriculture and soil and water conservation projects and a new domestic violence position — oddities, since recent Executive Budgets followed a pattern of austerity.

The budget is not, however, without its sting. As has become commonplace in today’s economic environment, the Department of Mental Hygiene is the budget’s biggest target. During last year’s budget process the county’s outpatient clinics where patients receive psychiatric medication were targeted. I fought relentlessly — and successfully — to maintain their funding. Then came the severe cuts by the State in the April State budget. These included the slated closure of Hudson River Psychiatric Center and the Taconic DDSO, and eventual privatization of mental hygiene services affected by downsizing counties to “consultant” roles. Continuing this trend, Steinhaus’ budget seeks to privatize the county’s five continuing day treatment centers (where daycare programs are provided). Such a shift will capture previous unavailable Medicaid funding, but will do so at the expense of county jobs. Forty-nine mental hygiene jobs are slated for elimination including 22 current employees.

The budget raises the tax levy 3.3% to $411 million, which is above the state-imposed 2% limit but is a permissible increase since the increase includes state pension costs, which are exempt. Pension costs have grown enormously ($3 million growth in one year) but even with the 3.3% levy increase an average household should expect to see taxes rise only about $20 for the year under Steinhaus’ plan.

Steinhaus complains in his budget message that the State Legislature failed to enact any meaningful state mandates relief. State mandated costs have grown by nearly $7.3 million since 2007. Rising mandates would have forced him to cut essential county services to keep the budget within the property tax cap, something he was unwilling to do. Instead, Steinhaus anticipates Albany’s eventual mandate reform by under-budgeting the county’s required share of Medicaid and Early Intervention costs by $2.2 million.

The Steinhaus budget balances itself by an unprecedented dependence on fund balance. This is the reserve that government maintains for rainy-days as well as to preserve its bond rating. Dutchess County enjoys an Aa1 rating (only two counties enjoy a higher rating). Bond rating agencies like to see 5-10% of the budget kept in the fund balance. Steinhaus’ budget borrows $27 million from fund balance, reducing the reserve to 1.3% of the budget.

The Legislature must wrestle through these budget considerations as well as form policy decisions in other areas including whether to transform indigent legal counsel at family court to a public defender model.

Steinhaus’ final budget ends his 20-year reign with continued fiscal discipline. Once again no county employee receives a COLA, and the workforce is leaner than it’s been since the mid-1980s. He proudly acknowledges this in his budget message that “Dutchess County taxes its residents 23% less per capita and spends 26% less per capita than the statewide average, ranking us among the lowest of all 57 New York counties for spending and taxes per resident.”
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