December 2011

Gridlock in D.C. - Compromise in Albany

The Summer of our Discontent focused on Washington, D.C., with Federal government gridlock over the debt ceiling, and later, partisan battling over unemployment benefits and the payroll tax cut issues. These stories made the headlines as example of "dysfunctional" government, the line often used to describe State government in Albany. But this year was different; we got our work done on-time at the end of June, and nary a peep came out of the State…until mid-December.

In a flash, with no real advance briefing or public dialogue, Governor Cuomo convened the Legislature and presented a plan to establish new tax rates that lowered state income taxes for the vast majority of New Yorkers, extended and raised slightly the income surcharge for those with NYS Tax adjusted gross incomes (AGI) of $2 million or more per year. The 2% income surcharge applied in 2009 to individuals from $200K/$300 K up to $1,999,999 per year, was allowed to expire, a tax rate cut for those taxpayers of 2%. The plan cut rates, in two levels, for those from under $200K down to those at $40K, for the lowest tax rates in nearly 6 decades. Alongside these tax rates, small businesses - over 25,000 in Westchester alone - were made exempt from the MTA payroll tax, and exempt also were public, private and parochial schools. Further, the Governor's plan created a $50 million Flood Mitigation fund to provide state resources to fix flood ravaged communities and neighborhoods; tax credit for struggling upstate small manufacturers; employment funds to assist hiring urban youth.

Practically every major group, from the Business Council of New York to the Working Families Party praised the plan. Lacking transparency and public dialogue, it still covered a multitude of needs from tax cuts to infrastructure investment, and passed the Senate unanimously and the Assembly by an overwhelming majority of Republicans and Democrats.

To be sure, the were voices on the Right and the Left in opposition. On the Right, the New York Post and conservative think tanks blasted any tax increase at all; on the Left, the New York Times and some advocacy groups, said the taxation of higher incomes did not go far enough.

What we got, in the end, was "Compromise", not "Gridlock". For those who seek "Capitulation" of the other side to their agenda, the battle goes on, and frankly, will never end. For those frustrated with government's inaction, it was one example how government can move forward in a world where many of us are "Blue", and many of us are "Red", in our philosophical opinions about the role of government in our society.

Here Comes The Budget (once again)

The annual New York State budget - from its presentation every January, through on-time adoption at the end of March (we hope) dominates the political dialogue of the State every year. Last year's 2011-12 budget was unique: adopted on-time (March 31), it cut total state spending for the first time in 15 years, and advanced a multitude of other policy outcomes. In tough economic times, under a first-year Governor, Andrew Cuomo, the budget was an accomplishment. The plan totaled approximately $132 billion, down from the prior years' $135 billion.

This year's budget, due in a few weeks, will have to address an estimated gap of $1.9 billion between projected expenses and estimated revenues. The Governor's plan to close that gap, and address funding for all other priorities, is expected to avoid any tax increases, and will therefore likely mean additional spending cuts. Since schools and local governments are now under 25 property tax cap restrictions, those two areas are unlikely to see State aid cuts…but we won't know for sure until we see the Governor's proposal.

In February, I will again host a Community Hearing on the Budget, inviting individuals to speak up and have their voices heard (time, place and date TBA in next month's e-newsletter). You are warmly invited to attend, to speak or listen.

As always, the "devil will be in the details" of the budget. You can go on-line to view the Albany-based weekly newspaper The Legislative Gazette (www.legislativegazette.com) which covers those details in detail. Call, write or e-mail me to share your thoughts and comments.

Stay tuned as we grapple with this difficult reality.

Independent Redistricting - He who holds the crayons gets to color in the lines

Historically, every ten years, after the American Census counts the number and location of our population, governments re-draw district lines of all type, in theory, to ensure equal representation (One Person, One Vote) in the House of Representatives, State Senate, State Assembly, County Legislature, and locally, in New Rochelle and Yonkers City Council districts.

Since the beginning of the American Experience, redistricting has been the most political act of all, drawing lines to ensure equal population AND to ensure those who hold power keep it, by drafting in and around voting populations favorable to your side. The word “Gerrymander”, used to describe a misshapen district created for political purposes, was coined about an 1800 elected official, Governor Elbridge Gerry, who created a legislative district in Massachusetts that looked like a salamander in its linking of favorable towns. Hence “Gerry-mander”. This abuse is nothing new.

In 2001, as then-Chairman of the Westchester County Board of Legislators, I had the chance to drive a redistricting plan, and I’m pleased to say it was the most well-received of any plan that year: the only one NOT sued in court; the only one with bi-partisan support; the only one that had members of the League of Women Voters as participants on the committee, that did NOT throw two Republican incumbents in the same district for sport. But that plan was the exception that proves the rule….

In New York State, partisan politics has ruled the process. Therefore, I have long supported – and do now support – Independent Redistricting – not done by the legislature itself, but by an independent commission comprised of a balance of individuals. Governor Cuomo’s plan makes eminently good sense (A.5388 – www.assembly.state.ny.us/leg/?bn=A05388) as it could mean the end of the type of control of the process where a few in charge dictate to the many as to who will represent them in office.

This is one of the most essential reforms needed today in Albany. Unfortunately, majorities in the Senate (Republicans) and Assembly (Democrats) appear ready to draft lines which will reflect the partisan political power in Albany. I support Governor Cuomo's intent to veto any partisan lines, which will likely then require a special judicial master to re-draw those lines.

This will be a BIG January story coming out of Albany.

Hydrofracking Update

The Marcellus Shale is a formation of rock underneath the Northeastern U.S., from upstate New York through to West Virginia, which contains what is considered to be a large reservoir of natural gas. To capture that natural gas, companies have undertaken a plan to drill horizontally underground, break up the shale rock by a process of hydrofracking, using high pressure water and other chemicals to break the rock, and release the gas for capture and sale. As outlined in a prior monthly e-newsletter, the process has both adherents and opponents, with local upstate landowners seeking the economic benefits of the payments for drilling sites, and the Governor seeking the revenue and low-cost natural gas that may result. Environmentalists across the state have opposed the plan vigorously, expressing concerns over wastewater disposal, traffic and air pollution at the well sites, and potential contamination of drinking watersheds adjacent to the wells.

The update: the State Department of Environmental Conservation has held public hearings on the revised Draft Environmental Impact Statement (DEIS), and on the regulations that will govern issuance of drilling permits, with the public comment period on both extended to January 11. A tremendous amount of citizen input has been received…and at present, the decision on proceeding rests with the State DEC – as states regulate such matters – and the DEC reports directly to the Governor. There is legislation in both houses of the legislature to limit or regulate the process, which were passed by the Assembly in 2011, but must be re-passed in 2012, since those bills died in the Senate for lack of support. Absent passage in both houses, the Legislature will have no ability to affect these decisions on hydrofracking.

The three most prominent bills (1) establishes a moratorium of any hydrofracking proceedings until further study on the effects of hydrofracking on water quality and public health (A.7400/S.5592) N.B. this bill will likely be amended to reflect a new deadline date and resubmitted with a new number; (2) declares the wastewater from the hydrofracking process hazardous material, requiring a higher level of controlled disposal (A.7013/S.4616); (3) supports the local home rule control authority of towns, cities and counties in the hydrofracking corridor to protect their road system and zoning rules from state override (A.3245/S.3472)

N.B. To check bill numbers on-line, click on www.assembly.state.ny.us/leg/?bn= and add the bill number, e.g. A7400)

Primary Colors

In order to satisfy Federal requirements under the Military Overseas Voter Empowerment Act, New York State is required by Federal law and judicial action to move its date for primaries that select candidates for the November ballot. Over the last few decades, New York State's Primary Date has been held in September, but that date does not provide sufficient time to ensure ballots to military and overseas voters are mailed 45 days prior to an election, as required by the MOVE Act. Technically, an August or July Primary Date would comply with the law, I've stated publicly that it would be absurd to hold primaries for important state and federal posts in the middle of the summertime. College students are back home in June, and younger students are still in classes in June, thus their parents are still at home. Vacation schedules do not kick in until July - therefore, a June Primary Date guarantees the most convenient time available for the largest number of people to vote in the primaries to be held".

I've long believed September Primaries constituted an incumbent protection plan, giving challengers of either party preciously little time to organize against well-known, well-funded incumbents. I have long advocated for June Primaries on its merits - and now, the Feds are requiring something earlier than September.

Most good government groups support the establishment of a June date, along with voting rights groups. However, the Senate Republican majority has filed papers in federal court seeking an August primary date. On this issue, I hope both parties can come to agree that June is best month to hold primaries - pass such legislation, and move forward with a minimum of political rancor.

2011 Election Recap

WESTCHESTER COUNTY BOARD of LEGISLATORS. Democrats won 10 seats, Republicans 7, a pick-up of 2 Republicans. Democrats lose their ability to override a County Executive veto.

Winners along the Sound Shore:

District 6 (Part of Harrison, Port Chester, Rye Brook). Rye Town Councilman David Gelfarb (R) wins over Democrat PC Village Trustee Dan Brakewood to win outgoing Legislator Marty Rogowsky's seat.

District 7 (Rye City, Larchmont, Mamaroneck, parts of New Rochelle and Harrison). Incumbent Legislator Judy Myers (D) defeats Rye City Councilwoman Suzanna Keith (R).

District 10 (Part of New Rochelle, Eastchester, Tuckahoe). Incumbent Legislator Sheila Marcotte (R) beat former Tuckahoe Mayor John Fitzpatrick (D).

District 11 (Part of New Rochelle, Pelham): Incumbent Legislator Jim Maisano (R) wins re-election without opposition.

MAMARONECK TOWN. Councilwoman Nancy Seligson (D) wins uncontested Town Supervisor seat, held previously by Supervisor Valerie O'Keeffe (R). Incumbent Town Clerk Christina Battalia, and Town Justice Jean Marie Brescia, both Democrats, win without opposition. Two Council seats are won by Democrats, incumbent Phyllis Wittner and first-time candidate Abby Katz, winning over Seth Marcus (R). The Town Board has 4 Democrats, and one open vacancy.

MAMARONECK VILLAGE. Mayor Norm Rosenblum and Trustee Lou Santoro, both Republicans, are re-elected over Democratic candidates Trustee Toni Pergola Ryan, who ran for Mayor, and Trustee candidate Scott Dufault. The Board has 3 Democrats and 2 Republicans.

RYE CITY. Republicans Joe Sack and Laura Brett, and Democrat Catherine Parker won the three contested Council seats; incumbents Sack and Parker were seeking re-election. Democrats Councilwoman Paula Gamache and Josh Nathan, and Republican Rafael Elias-Linero competed as well. The City Council has 6 Republicans and 1 Democrat.

NEW ROCHELLE. Mayor Noam Bramson (D) won re-election over Republican Councilman Richard St. Paul. Republicans won two Council seats - in District 1: Lou Trangucci over former Councilman Roberto Lopez (D) and District 2: Al Tarantino won unopposed. Democrats won four Council seats: Incumbent Jared Rice in District 3, Ivar Hyden in District 4, incumbent Barry Fertel in District 5 and Shari Rackman in District 6. Democrats hold a 5-2 margin on the Council.

RYE TOWN. Republicans retain 4-1 control of the Rye Town Council, re-electing Supervisor Joe Carvin and Councilman Bob Nioras, along with Christina Collins. Ric Dos Anjos (Supervisor), Gary Sullivan and John Reavis (Council) competed for the Democrats. Republican John DeCrescenzo won the Highway Superintendent post over Democratic incumbent Tom Nardi; Judge Anthony Provenzano was re-elected Judge without contest. Receiver of Taxes Nick Mecca (D) was re-elected over Republican Janusz Richards.

Congratulations to the winners - salutations to all who competed. Inaugurations of newly-elected officials begin on January 1st.

Assembly Website – George Latimer
www.assembly.state.ny.us/Latimer
Click on to view bills, news, and more…

Feel free to call me at 777-3832 anytime to discuss any issue you’d like. I’ve resumed my door-to-door walking tours, so perhaps, I’ll see you at your front door soon.

Wishing you a bright New Year 2012 for you and yours.