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Legislators pass animal abuser law, renew manager's contract, eye tax cap

Altered fraud and ethics procedures also were topi

Dan Hust - Staff Writer
Posted 8/25/16

MONTICELLO — Thursday, August 18 may have been the first time legislators ever found a tail wagging in celebration of their vote.

Dean, an abused Rottweiler, came to the full Legislature …

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Legislators pass animal abuser law, renew manager's contract, eye tax cap

Altered fraud and ethics procedures also were topi

Posted

MONTICELLO — Thursday, August 18 may have been the first time legislators ever found a tail wagging in celebration of their vote.

Dean, an abused Rottweiler, came to the full Legislature meeting to watch his law adopted into existence. Now adopted himself into a caring family, Dean was welcomed inside the Government Center in Monticello, where he enthusiastically greeted affectionate fans.

That included Ann Culligan and Richard Chiger, without whom “Dean's Law” might never have come into existence. The Monticello residents campaigned for the Legislature to enact a registry that would disallow convicted animal abusers of owning or buying another pet.

On Thursday, their efforts paid off, thanks to the diligence of Legislator and Public Safety Committee Chair Terri Ward.

“I know she is an animal-lover,” Culligan told the large crowd in attendance, giving flowers to her and Legislature Clerk AnnMarie Martin (along with a present for Dean).

“Animals need all the help they can get,” added a grateful Chiger. “Anyone who does abuse animals should be put in jail and stay there and not be allowed to have an animal ever again.”

No longer 2%

Though the state-mandated property tax increase cap is often referred to as two percent, it's typically less, thanks to a complicated formula.

This coming budget year, County Manager Josh Potosek told legislators, it will be around 1.1 percent for Sullivan County - equal to about a $900,000 increase in the county budget.

Thanks to the jail project in particular, legislators are seriously considering exceeding the tax cap when they vote on the budget in December.

Potosek expects to have a tentative budget for their review by October 20.

Refocusing Fraud Unit

Tim Ball of the Bonadio Group, which has been assisting the county's Department of Family Services in more efficiently providing services, informed legislators Thursday that the Fraud Investigations Unit (FIU) is now more engaged in recovering monies from fraud rather than denying people benefits.

“We made it more in line with state regulations,” Ball explained. “We made it a little bit easier for them [the public] to get services for which they'll eventually qualify anyway.”

Ball recalled that in 2013, the FIU recouped $500,000 in monies fraudulently obtained, while avoiding $18 million in fraudulent costs. That stayed relatively steady in 2014, with $440,000 recouped and $18.5 million avoided.

But after Bonadio's arrival and a management shakeup in 2015, FIU's recoupments jumped to $850,000, while cost avoidances fell to just $4 million.

“Sounds like to me you made it easier to get [benefits],” Legislator Joe Perrello wondered.

“We didn't make it easier for people to get benefits,” replied Health and Family Services Commissioner Joe Todora. “We did the right thing.”

He called the prior cost-avoidance numbers “fictitious,” as they were based on what the county would have paid out in a 12-month period if benefits had been granted. However, FIU made a new 12-month calculation every time someone was denied benefits - meaning that if the same person was denied benefits every month, the cost-avoidance figure for them would rise exponentially ... and inaccurately.

“Which would you rather have?” he asked Perrello. “Would you like to have a fictitious number or cash in hand?”

And the benefits rolls didn't increase substantially, added Ball.

“The people on the programs remained fairly consistent,” he said.

FIU needed to refocus on recovering monies delivered to fraudsters, said Todora.

“I think we were picking up pennies and leaving dollars on the ground,” he explained. “... We're more interested in catching actual fraud than in turning people away.”

Perrello appreciated that distinction but remained leery.

“Those numbers still don't thrill me, to tell you the truth,” he admitted.

Approved

Legislators on Thursday unanimously agreed to send $4.3 million (the usual amount) to SUNY Sullivan for its 2016-2017 budget.

They also unanimously re-upped County Manager Josh Potosek's contract, which would have expired this coming December and will now terminate December 31, 2020. Potosek indicated the terms have not changed.

Public pleas

Attendees of Thursday's full Legislature meeting urged legislators to both sign on as an “intervenor” in the federal review of the proposed Highland Compressor Station and re-evaluate their decision to move forward with a new county jail.

Youngsville resident Linda Reik asked the county to ensure it has legal standing with the Federal Energy Regulatory Commission (FERC) by asking the federal agency to be an “intervenor” in Millennium Pipeline's request to upgrade its system, which includes building a controversial compressor near Eldred.

Meanwhile, former Legislator Kitty Vetter reiterated her plea to have legislators consider downsizing the jail project, which is slated to cost around $100 million.

“Yes, we do need a new jail,” she remarked. “However, the present plans do not serve this county.”

She felt that inmate levels don't justify a lot of single cells nor a large infirmary with space for physical medical records.

“There is no shame in stepping back to re-evaluate,” she remarked, her comments echoed by fellow speakers Tom Manza, Barbara Lerner, Austin Green and Kathie Aberman, the latter of whom presented legislators with a petition signed by around 600 people.

Lerner's company, Quickway Metal Fabricators, is bidding on a portion of the jail work, and she said the bid documents indicated to her that the administrative and support areas of the jail are larger than necessary.

“I have concerns the bids will come in way over the original cost of the project,” she stated.

Undersheriff Eric Chaboty, however, countered that the group behind the petition was spreading fear and alarm through misinformation.

“The plans have been revised and downsized over the past few years,” he remarked to legislators, arguing that the administrative and support spaces are right-sized and in line with other countywide police agencies across New York.

What hasn't been reduced is construction costs, which continue to escalate six to eight percent a year, he stated.

“Any further delays will be unjustified in terms of more costs to taxpayers,” Chaboty insisted, estimating every year of delay will add $5 million to the jail's cost.

Only one legislator, Ira Steingart, replied.

“I've spent five years reviewing it,” he remarked. “I feel this is the right time and right jail to build. Waiting will only cost us more.”

Ethics changing

Legislators are reviewing proposed changes to the Code of Ethics as recommended by the Board of Ethics.

Significant alterations include:

• Elected county officials who have left office are banned for two years (instead of the current one year) from seeking or accepting county employment that would require direct approval or confirmation of the Legislature.

• Board of Ethics members will be provided with training at county or state expense.

• The Board will have two months, rather than five days, to make a determination on whether or not to take action on a complaint.

• In response to a controversial case that involved a former legislator, the Board is recommending all complaints be kept confidential not just by the Board but by the complainant, as well.

• The same case sparked a change to ensure all county volunteers, not just employees, are covered by the edicts of the Code of Ethics.

• The Board will have 30 days (instead of 20) to complete its investigation and can take longer, so long as notice is given to the complainant and subject of the complaint.

• Whether an employee or volunteer of the county is aware of the Code of Ethics will be immaterial to its enforcement.

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