News from STATE SENATOR

Liz Krueger

New York State Senate, 26th District

 

COMMUNITY BULLETIN – March 2006

 

Message from Liz . . .

 

As the April 1st deadline for budget approval approaches, there are positive signs that we may once again reach agreement on an on-time budget.  Last week the Legislature and Governor came to an agreement on revenue projections, a major step in advancing the budgetary process.  And this week there are indications of movement on providing at least some additional funding to address the Campaign for Fiscal Equity case, though it is unlikely the Senate Republicans will agree to anything close to the funding necessary to meet the court requirement for fair funding for New York City public schools.  Whether or not we achieve an on-time budget again this year however, no one should be fooled into believing that we have fixed our states dysfunctional budget process.

 

As you may recall, last year New York State voters rejected a constitutional amendment that would have changed the State budget process in a number of ways.  I did not support that amendment, because I felt it created a new incentive for late budgets. The most problematic provisions dealt with the adoption and amendment of a “contingency budget,” which would have gone into effect automatically if the budget was not adopted by the beginning of the fiscal year. Under the proposed constitutional amendment, the power of the Legislature would have increased dramatically once the budget was late, because we could effectively ignore the original executive budget, and replace it with our own through amendments to the contingency budget. This provision would have created an incentive for the Legislature to delay passage of the budget until after the beginning of the fiscal year, since by doing so we would dramatically increase our power in the budget process

 

That said, the package did include some useful reforms we needed to make in order to create a more rational, efficient, and open budget process, including changing the budget date to after tax returns come in and the creation of an Independent Budget Office (IBO), that we should be moving to adopt.  I have legislation to create an IBO (S.2296), and am working with my colleagues to advance this and other necessary reforms.

 

On March 7th, I joined with my Senate Democratic Colleagues in highlighting a package of budget reforms that we should be making.  Among our key proposals were:

 

·         Creation of an Independent Budget Office

·         Clarifying the use of “memoranda of understanding,” which currently allow legislative leaders and the governor to divvy up lump sum appropriations in the budget without any public review – these memoranda are not even subject to basic Freedom of Information Act requirements under current law.

·         Require that funding for any State contract in excess of $10 million have a separate line in the budget.

·         Require mandatory budget conference committees with public mark-up of budget bills by the committees.

·         Eliminate the use of messages of necessity on budget bills to allow time for public review before the budget is adopted.

·         Creation of an Independent Debt Management Board to review State borrowing levels and report on debt affordability, determined as a percentage of personal income.

·         Require constitutional approval for annual dept issuance exceeding a Constitutional cap based on affordability.

·         Prohibit borrowing to pay for operating expenses.

 

As we move forward through this years’ budget process, it is critical to remember that an on-time budget is not the only measure of reform.  An on-time budget can still be a bad budget, passed in the dead of night with no public review.  It can still be a budget that relies too much on borrowing, and that does not involve any real calculation of the long-term costs of that borrowing.  And while it is certainly better to have our bad budget pass on time rather than late, I hope our continued goal will be to create a budget process that will result in an on time budget that also addresses the needs of our State in a fiscally responsible and transparent fashion.


 

State Senator Liz Krueger Presents a

TRANSPORTATION TOWN HALL

Discussing

·         Bus Rapid Transit

·         Bus Service Issues

 

Date:  Tuesday, April 18th

Time: 7pm –9pm                

Place: Marymount Manhattan College

          221 East 71st Street (b/t 2nd and 3rd)

8th Floor Meeting Room

 

 Call (212) 490-9535 for further information

 

 

Community Spotlight

 

Update on Plans for the Con Edison/Waterside Site:

On February 22, my office, along with seven other elected officials, the East Midtown Coalition for Sensible Development and Community Board 6, held a Town Hall meeting that was attended by more than 300 community residents to discuss the development of the former Con Edison Waterside power plant sites.  The discussion included details of the plan proposed by the developer, the alternative plans created by Community Board 6, an explanation of the rezoning process, and the importance of community members getting involved in the fight for sensible development.  I was extremely pleased by the large community turnout at the meeting as well the unity among all the elected officials and community groups involved.    

 

All of the elected officials and community groups present emphasized that, if appropriately developed, the redevelopment of the Con Ed sites would provide an unparalleled opportunity to create a vibrant new neighborhood with improved access to the waterfront, new public parks and affordable housing that would benefit our entire community.  Unfortunately, the owner of the sites, East River Realty, has submitted rezoning plans to the Department of City Planning without taking into account the input of the community board, concerned organizations or local elected officials.  East River Realty’s proposals call for the construction of seven residential and commercial towers that would dwarf the already tall residential buildings around the sites, create private rather than public open space, and add to the already overburdened local school system and mass transit network.  In response to the developer’s plans, Community Board 6 has created its own rezoning plan for the sites, which would limit building heights to 400 feet, create a new public park and waterfront esplanade, a new elementary school and a substantial amount of affordable housing. 

 

I urge everyone interested in this important project to testify at the upcoming City Planning Commission scoping hearing, which will be held on Tuesday, March 28, 2006, at the Shottenstein Cultural Center, 239 East 34 Street, at 4pm and 7pm.  Even if you don't want to testify, you can come to support your neighbors and elected officials who will be speaking.  At this hearing, the City Planning Commission will be considering what information should be studied in the Environmental Impact Statement (EIS) that will be written about the development.  The EIS attempts to predict how the planned development will affect its surroundings, including the character of the neighborhood, the population of the schools, the public parks, the traffic, and so on.   It is crucial-and only fair-that the Planning Commission fully evaluate the impact that any development will have on the surrounding community and comprehensively study the zoning plan proposed by Community Board 6.  If you would like to learn more about the redevelopment of the Con Ed sites, or have questions about testifying at the scoping hearing, please call Sarra Hale-Stern in my district office at 212-490-9535.

 
New York Seniors Legal Assistance Project 

The City Bar Justice Center and Legal Services for the Elderly are launching a new program to bring free legal assistance to all seniors age 60 and older in New York State. The program assists seniors with advance directives, Medicaid and Medicare issues (including Medicare Part D issues), Social Security and SSI issues, and debt problems. It is also a single point of access for accurate and detailed referrals to other agencies that provide extended legal and other services. The New York Seniors Legal Assistance Project (NYSLA) is made possible by a generous grant from the federal Administration on Aging. NYSLA operates Mondays, Wednesdays and Thursdays from 10 a.m. to 1 p.m.; and Tuesday evenings from 5 p.m. to 8 p.m. Seniors can access the service by calling (646) 442-3333 from within New York City.
 

LEGAL BOUND Summer Junior High and High School Intern Program:

The Manhattan District Attorney’s office is accepting applications for its Legal Bound Summer Internship Program.  Students between the ages of 14 and 17 (or 18 if still in high school) with an interest in the law are encouraged to apply.  Applicants should send a resume and an essay explaining their interest in the law to Community Affairs Unit, New York County District Attorneys Office, Attn: Ms. Carol Ragsdale, One Hogan Place, Room 824, New York NY 10013.  Applications must be postmarked no later than April 7, 2006.  For further information, call the District Attorney’s Office at (212) 335-9082.
 
Free Tax Assistance for Low-Income New Yorkers:
Community Tax Aid is offering free tax preparation services to New Yorkers with incomes below $25,000 for singles and under $35,000 for families.  To be eligible, no more than $2,700 of income can come from interest, dividends, or capital gains.   Services are provided by paid volunteers under the supervision of CPA’s and/or lawyers.  Tax preparation is being offered at ten locations citywide, including:
 
          Union Settlement Association                   Housing Conservation Coordinators
          237 East 104th St. (b/t 2nd and 3rd)                        777 Tenth Avenue @53rd Street
          Saturdays Feb 18th – April 15th                  Wednesdays February 15th – April 12th
          10AM – 4PM                                             6:00 – 8:30PM
 
You are advised to arrive early, as locations may be crowded.  Please bring your W-2 forms, other income information, rent expenses, etc., and a copy of last year’s return, if you have it.  In addition, bring any notice you received from the IRS or State tax department, and the social security card for all family members.  For more information call 212-613-3101 or visit http://msn.communities.com/ctanyc on the web.
 
Medicare Prescription Drug Coverage Assistance Available:
The New York City Department of the Aging and Met Council on Jewish Poverty are cosponsoring Medicare Prescription Drug Coverage Enrollment and Assistance Centers throughout New York City.  Residents of Community Boards 5 and 6 are being served at ACES/Community Service Society of New York, located at 105 East 22nd Street.  Appointments are available Mondays – Wednesdays from 10:00 AM to 4:00 PM – call (212) 614-5310 to make an appointment.  Residents of Boards 5, 6 and 8 can also receive assistance at the United Jewish Council of Poverty, located at 235 East Broadway, Mondays through Thursdays from 9:00 AM to 2:00 PM.  Again, an appointment is necessary – call (212) 233-6037 to make an appointment.  All borough residents can also visit the Department for the Aging at 2 Lafayette Street, 6th Floor, which is running a walk-in assistance center Monday-Friday from 9:00 AM to 5:00 PM.  For additional information, call the Department for the Aging at (212) 341-3200. 
 
Heat Season Rules:
The City Housing Maintenance Code and Multiple Dwelling Law requires building owners to provide heat and hot water to all tenants. Building owners are required to provide hot water 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Between October 1st and May 31st, a period designated as "Heat Season," building owners are also required to provide tenants with heat under the following conditions:
 
·   Between the hours of 6:00 AM and 10:00 PM, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit; 
·   Between the hours of 10:00 PM and 6:00 AM, if the temperature outside falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.
 
Tenants who are cold in their apartments should first attempt to notify the building owner, managing agent or superintendent. If heat is not restored, the tenant should call the City's Citizen Service Center at 311 (311 can be accessed outside of New York City by dialing (212) NEW YORK). For the hearing impaired, the TTY number is (212) 504-4115. The Center is open 24-hours a day, seven-days a week.

 

 

Spotlight on Policy

 

Help America Vote Act

 

The Help America Vote Act (HAVA), a federal law that was passed in response to the 2000 Bush-Gore fiasco in Florida, required all states to upgrade their election procedures by January 2006.  This included updating voting machines, registration processes, and poll worker training to ensure fair elections at all levels.  Late last month, the US Department of Justice (DOJ) brought a lawsuit against New York State for not complying with the HAVA mandate.  The lawsuit was filed in the U.S. District Court for the Northern District of New York, in Albany. The government's complaint contends that the state has failed to comply with two of HAVA's requirements governing federal elections: that states adopt voting systems that are fully accessible by disabled voters and are capable of generating a permanent paper record that can be manually audited, and create a statewide computerized voter registration database.

 

While this latest development is cause for concern, I believe that it is crucial that New York State not rush into implementation of a bad election system simply to respond to the DOJ action.  The NYC Board of Elections has already indicated that it does not have enough time to implement a new system by the 2006 primary, and will thus rely on current voting machines for all voters, except those who need a handicapped accessible machine.  Each poll site will have one accessible machine for use by disabled voters.  This solution is certainly preferable to rushing to put into operation an untested system that poll workers will be unfamiliar with.  New York needs to learn from the mistakes made in other states where new voting machine systems have seriously undermined confidence in the reliability of the electoral process.

 

New York was the last state in the union to complete HAVA legislation.  The package of legislation languished in the Legislature for over two years and in the end the legislative leadership decided in favor of local decision-making by county boards of elections. The counties are in the process of choosing between purchasing PBOS (Precinct-Based Optical Scanning) machines, DRE (Direct Recording Electronic) systems, or some other voting technology.   I have made it clear over the last three years that I have worked on this issue that I am strongly in favor of an optical scanning system.  As I see it, optical scanning systems should be used for two reasons: 1) They are more accurate, secure and recountable than a DRE system, and 2) An optical scanning system will cost the City significantly less money in both the short and the long term.

 

For the September 12th, 2006 election, each polling site is required to have one handicapped accessible voting machine (a non-lever machine).  This means that the New York City Board of Elections will need to purchase approximately 1,500 machines - a rather daunting task.  Looking further into the future, all lever machines will be banned by September 2007. 

 

Unfortunately, before the county boards of election can proceed, the State Board of Elections (SBOE) must finalize the voting machine guidelines and begin certifying machines.  SBOE has indicated that the guidelines should be completed later this month and that certification will begin in April.  This leaves counties with about 5 months to purchase new machines, learn how to use them, integrate them with already existing software and train poll workers.  Additionally, the SBOE failed to complete the statewide voter registration database by January.  In other words, we are severely behind schedule.

 

This situation has the potential to become a crisis very quickly.  There is a fear that if the DOJ case proceeds, New York State will lose $49 million in federal aid earmarked for purchasing new voting machines, though I am less concerned with losing the money than on spending it on unreliable technology that we will have to replace at our own cost, as has happened in other states.  There have been rumors that the SBOE and DOJ might come to an agreement in the form of a consent decree that would mandate DREs.  If so, then it’s game over for optical scanners.  Even worse, some have said that we should scrap our voter verified paper trail requirement (the one victory that advocates could claim in the HAVA battle).

 

On the other hand, there are some sensible solutions that have been suggested as well.  The SBOE could certify optical scanning systems, which could be integrated into our present electoral infrastructure, as we already use optical scanning machines to count absentee ballots.  Another plan would create a phone-based system, that would serve temporarily until every lever machine is replaced.

 

What is at stake here is the very integrity of our democracy and the process that guarantees each New Yorker the right to vote and be counted.  HAVA has provided New York with a once-in-a-generation opportunity to reform its outdated and, some would say, biased election process.  A reliable voting technology is a basic requirement for the integrity of New York State’s elections. It is clear that, at this point in time, optical scanners with adaptive technology for those with disabilities is the right option for New York, and I will continue to push for this option for New York City and the rest of the counties in our State.