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2004-259� 4 3 J RESOLUTION NO. 2004-259 RESOLUTION ENDORSING EFFORTS OF THE ASSOCIATION OF TOWNS OF THE STATE OF NEW YORK TO ALLOW LOCAL GOVERNMENTS TO RETAIN FINE REVENUE At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the _ day of August, 2004, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: P PRESENT: Supervisor - Joseph Ruggiero Council Members - Robert L. Valdati Vincent F. Bettina "X1ftfx Maureen McCarthy ABSENT: Joseph Paoloni The following Resolution was introduced by Mr. Valdati and seconded by Ms. McCarthy WHEREAS, New York State Governor George Pataki's 2004-2005 Executive Budget proposal includes provisions relating to the disposition of Justice Court fines pursuant to Section 1803 of the Vehicle and Traffic law of the State of New York; and WHEREAS, the aforementioned proposed Executive Budget provides that only fines or penalties associated with a violation "with which the Defendant was originally charged" would be returned to local governments; and WHEREAS, the New York State Association of Towns estimates that more than $12.5 million dollars in fine monies would be shifted from local governments to the State, which will 0:1Wappingeffown BoardIRESOLUTIOMState Budget.doc result in increased real property taxes caused by local governments seeking to mitigate budgetary shortfalls; and WHEREAS, G. Jeffrey Haber, Executive Director of the Association of Towns of the New York State, by letter dated August 12, 2004 (with attachment) to Supervisor Ruggiero, a copy of which is annexed hereto as Schedule "A", has requested immediate action to urge Governor Pataki to restore the aforementioned fine revenue back to local governments. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger endorses, encourages and supports the efforts of the Association of Towns of the State of New York to urge Governor Pataki to restore fine revenues distributed pursuant to § 1803 of the Vehicle and Traffic Law of the State of New York to local governments and otherwise opposes Governor Pataki's 2004-2005 Executive Budget proposal as it pertains to the disposition of Justice Court fines, as more particularly set forth in Schedule "A". 3. The Town Board by adoption of this Resolution also endorses the position taken by the Association of Towns of the State of New York in its letters dated March 15, 2004 addressed respectively to Senate Majority Leader, Joseph Bruno, and Speaker of the House, Sheldon Silver, copies of which are annexed hereto marked as Schedule "B" and "C", respectively. 4. Town Clerk, Gloria Morse, is directed to send copies of this Resolution to Governor George Pataki, Majority Leader Joseph Bruno, Speaker Sheldon Silver, Senator Stephen Saland, and Assembly Joel Miller. 0AWappingeffown BoardAESOLUTIOMState Budget.doc D DI The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting ROBERT L. VALDATI, Councilman Voting VINCENT F. BETTINA, Councilman Voting JOSEPH P. PAOLONI, Councilman Voting MAUREEN MCCARTHY, Councilwoman Voting Dated: Wappingers Falls, New York August ,? O , 2004 O:\Wappinger\Town Board\RESOLUTIOMState Budget.doc - ye Aye A)zA Absent Aye The Resolution is hereby duly declared adopted. 0 ASSOC G. JEFFREY HABFA Aw.utiue Diner / 4mmmr Dear Supervisor, 146 State Street Albeay, N. Y. 12207 Telephone Arse Code 518-465-7985 Fox M 618-466-0724 August 12, 2004 A. KEVIN CRAWFORD Counul Mspeow URRAY AROS M. LORI A. MITHEN Aa0004Ke Cow+tel 1 am writing to request your immediate action on a State Budget issue which will affect most town budgets, many significantly. Regrettably, despite assurances to the contrary that we and you may have received, the Legislature passed budget legislation last night which includes language which will adversely at%ct the return of significant fee revenue to towns. This revenue results from justice court adjudication of ceMin violation$ (most often, speeding) of the Vehicle and Traffic Law. The provisions in question were first proposed in the Executive Budget (Senate 6056/Assembly 9556: Part Z, Section 1, page 73, lines 39 and 40). The Association voiced its strong opposition in its Budget testimony before the Legislature's fiscal committees. We subsequently wrote to the Leadership (see enclosed) just as many of you adopted resolutions and wrote your own State Senator and Assemblyperson voicing opposition and requesting that the objectionable language be removed. For whatever reasons, the language remained in versions of 6056 and 9556 amended to a B print (also enclosed) on Sunday, August 8d' and was passed by both Houses of the Legislature on August I Id'. Even at this juncture, it is imperative that the Association membership once more raise objections to these provisions and demand that they be changed. Please write the Governor (as well as your Senator and Assemblyperson) at: Governor George E. Pataki Executive Chamber New York State Capitol Albany, New York 12224; Fax: 513474-1513; Email: legislative secretary(Mchamber.state.nv.us Explain once again that town budgets rely on fine revenue distribi msd pursuant to provisions of Section 1803 of the Vehicle and Traffic Law to cover a large share of the eost.of your town's justice court operations (include the impact' on your own budget; your judges should know and be able to help with this number) and that the budget language would shift more than S 12.S million in fine monies to the State — monies which have historically been returned to local government by the Justice Court Fund as a result of the justice court 4udieation process. Urge that the Governor work with the Legislature to restore time monies back to towns and other affected local governments who will have no choice but to increase real property taxes to absorb the resulting deficits. Thank you for your immediate attention to this important fiscal issue. Very RECEIVED f AUG 19 20 Executive D Encl. SUPERVISOR'S OFFICE TOWN OF WAPPINGER SCHEDULE "A" F I 0 PART G S. 6056--8 11 A. 9556--H 1 Section 1. Paragraphs a and b of subdivision 1 of section 1803 of the 2 vehicle and traffic law, as amended by chapter 385 of the laws of 1999, 3 are amended to read as follows: 4 a. for a violation which occurs in a city, town or suburban town, any 5 fine or penalty shall be paid to the city, town or suburban town in 6 which the violation occurs, when (such) THE violation (is of) WITH WHICH 7 THE DEyzmANT WAS ORIoiIzzLY CHARGED WAS (1) any of the provisions of 8 title seven of this chapter, but including violations of section eleven 9 hundred eighty only when occurring in state parks for which the office 10 of parks, recreation and historic preservation has established maximum 11 speed limits pursuant to section sixteen hundred thirty and the 12 violations could have been charged under either such established maximum 13 speed limits or another section of this chapter, and when involving 14 maximum speed limits established pursuant to section sixteen hundred 15 forty-three, sixteen hundred forty-four, sixteen hundred sixty -two -a, 16 sixteen hundred sixty-three or sixteen hundred seventy, and excluding 17 violations of sections eleven hundred eighty-two, eleven hundred nine - 18 ty-two and twelve hundred twelve of this chapter, or (2) any ordinance, 19 order, rule or regulation adopted pursuant to article two -E of the 20 transportation law or section sixteen hundred thirty of this chapter by 21 the East Hudson Parkway Authority or by its successor, or the County of 22 Westchester Department of Parks, Recreation and Conservation, or the 23 state office of parks, recreation and historic preservation. For 24 purposes of this paragraph, violations shall be deemed to be violations 25 of any such ordinance, order, rule or regulation when they occur on 26 highways under the jurisdiction of the enumerated entities and the 27 violations could have been charged under either such ordinance, order, 28 rule or regulation or another section of this chapter. 29 b. for a violation which occurs in a village in which the office of 30 village justice is established, any fine or penalty shall be paid to the 31 village in which the violation occurs, when. (such) THE violation (is of) 32 WITH WHICH THE DEFE14flJWT Wl,S ORIGINALLY CHARGED WAR (1) any of the 33 provisions of title seven of this chapter, but including violations of 34 section eleven hundred eighty only when occurring in state parks for 35 which the office of parks, recreation and historic preservation has 36 established maximum speed limits pursuant to section sixteen hundred 37 thirty and the violations could have been charged under either such 38 established maximum speed limits or another section of this chapter, and 39 when involving maximum speed limits established pursuant to section 40 sixteen hundred forty-three, sixteen hundred forty-four or sixteen 41 hundred seventy, and excluding violations of sections eleven hundred 42 eighty-two, eleven hundred ninety-two and twelve hundred twelve of this 43 chapter, or (2) any ordinance, order, rule or regulation adopted pursu- 44 ant to article two -E of the transportation law or section sixteen 45 hundred thirty of this chapter by the East Hudson Parkway Authority or 46 by its successor, or the County of Westchester Department of Parks, 47 Recreation and Conservation, or the state office of parks, recreation 48 and historic preservation. For purposes of this paragraph, violations 49 shall be deemed to be violations of any such ordinance, order, rule or 50 regulation when they occur on highways under the jurisdiction of the 51 enumerated entities and the violations could have been charged under 52 either such ordinance, order, rule or regulation, or another section of 53 this chapter. Notwithstanding the foregoing provisions of this para - 54 graph, all (fines, penalties and forfeitures for violation of a village 55 ordinance, local law or regulation adopted pursuant to the authorization 56 of paragraph six of subdivision (a) of section sixteen hundred forty of ASSOC G. JEFFREY HABER Executive Director / Treasurer Honorable Joseph Bruno Senate Majority Leader New York State Senate LOB — Room 909 Albany, New York 12248 Dear Senator Bruno: _:�.. THE ��QN C�tF ST .. `F NEw XORK 146 State Street Albany, N. Y. 12207 Telephone Area Code 518-465.7933 Fax # 518 — 465-0724 TOWNS March 15, 2004 A. UVIN CRAWFORD C'ounscl MURRAY M. JAROS Special Counsel LORI A. MITHEN Associate Counsel I am writing to express our Association's strong opposition to the Governor's 2004-2005 Executive Budget proposal regarding disposition of Justice Court fines. Town budgets rely on fine revenue distributed pursuant to provisions of section 1803 of the Vehicle and Traffic Law to cover a large share of the costs of justice court operations. This Executive Budget (S.6056/A.9556; Part Z, § 1, pg. 73, lines 39 and 40) would provide that only fines or penalties associated with a violation "with which the defendant was originally charged" are returned to a city, town or village. This would shift more than $12.5 million in fine monies to the State — monies which have historically been returned to local government by the Justice Court Fund as a result of the justice court adjudication process. This shift can only result in increased real property taxes all across the State as local governments scramble mid -year to plug this substantial shortfall. Thank you for your consideration of this critically important fiscal issue for town governments. If there are any questions with respect to this matter, please do not hesitate to contact our General Counsel Kevin Crawford at (518) 465-7933. illy G.1 FFR4bor Executive SCBE m "B" ASSOC 0. JEFFREY HABER Inculiue Director l Treasurer Honorable Sheldon Silver Speaker of the House New York State Assembly 932 Legislative Office Building Albany, NY12248 Dear Speaker Silver: ' � • �. �'. T�HET . . S NO 148 State Street Albany, N. Y. 12207 Telephone Ares Code 518-485-7539 Fax a 518 — 485.0724 TOWNS March 15, 2004 A KEVIN CRAWFORD Counsel MURRAY M .TAROS Special Counsel LORI A. MMEN Arsoclate Counsel I am writing to express our Association's strong opposition to the Governor's 2004-2005 Executive Budget proposal regarding disposition of Justice Court fines. Town budgets rely on tine revenue distributed pursuant to provisions of section 1803 of the Vehicle and Traffic Law to cover a large share of the costs of justice court operations.. This Executive Budget (S.6056/A.9556; Part ?., 11, pg. 73, lines 39 and 40) would provide that only fines or penalties associated with a violation "with which the defendant was originally charged" ate returned to a city, town or village. This would shift more than S12.5 million in fine monies to the State —monies which have historically becn returned to local government by the Justice Court Fund as a result of the justice court adjudication process. This shift can only result in increased real property taxes all across the State as local governments scramble mid -year to plug this substantial shortfall. Thank you for your consideration of this critically important fiscal issue for town governments. If there are any questions with respect to this matter, please do not hesitate to contact our General Counsel Kevin Crawford at (518) 465-7933. Respqatilly submitted, JEFER Executi D c r SCHEDULE 110 TOTAL P.06 TOWN OF WAPPINGER TOWN CLERK LORIA J. MORSE September 1, 2004 Assemblyman Joel Miller 3 Neptune Road Suite A 19E Poughkeepsie, NY 12601 Dear Joel: TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH R PAOLONI ROBERT L. VALDATI Enclosed please find a copy of a "Resolution Endorsing Efforts of the Association of Towns of the State of New York to Allow Local Governments to Retain Fine Revenue", which was adopted by the Town Board of the Town of Wappinger on Monday, August 30, 2004. Sincerely, 0 Gloria J. Morse, Town Clerk GJM/fh Enclosure TOWN OF WAPPINGER L_TOWN CLERK ORIA J. MORSE September 1, 2004 Senator Stephen Saland 3 Neptune Road Suite A 19B Poughkeepsie, NY 12601 Dear Steve: TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-5771 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Enclosed please find a copy of a "Resolution Endorsing Efforts of the Association of Towns of the State of New York to Allow Local Governments to Retain Fine Revenue", which was adopted by the Town Board of the Town of Wappinger on Monday, August 30, 2004. Sincerely, Gloria J. Morse, Town Clerk GJM/f i Enclosure TOWN OF WAPPINGER TOWN CLERK LORIA J. MORSE September 1, 2004 Honorable Joseph Bruno Senate Majority Leader New York State Senate Albany, NY 12248 Dear Senator Bruno: TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Enclosed please find a copy of a "Resolution Endorsing Efforts of the Association of Towns of the State of New York to Allow Local Governments to Retain Fine Revenue", which was adopted by the Town Board of the Town of Wappinger on Monday, August 30, 2004. Sincerely, Gloria J. or , Town lerk GJM/fh Enclosure TOWN OF WAPPINGER TOWN CLERK ORIA J. MORSE September 1, 2004 Honorable Sheldon Silver Speaker of the House New York State Assembly Albany, NY 12228 Dear Speaker Silver: TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Enclosed please find a copy of a "Resolution Endorsing Efforts of the Association of Towns of the State of New York to Allow Local Governments to Retain Fine Revenue", which was adopted by the Town Board of the Town of Wappinger on Monday, August 30, 2004. Sincerely, 0 Gloria J. Mo a ownerk GJM/fh Enclosure TOWN CLERK LORIA J. MORSE September 1, 2004 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 Governor George E. Pataki Executive Chamber New York State Capital Albany, NY 12224 Dear Governor Pataki: SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH R PAOLONI ROBERT L. VALDATI Enclosed please find a copy of a "Resolution Endorsing Efforts of the Association of Towns of the State of New York to Allow Local Governments to Retain Fine Revenue", which was adopted by the Town Board of the Town of Wappinger on Monday, August 30, 2004. Sincerely, 0 Gloria J. Mors own erk GJM/fh Enclosure