Wednesday, September 30, 2009

pay to play documented in Dutchess (why doesn't Dealy agree with Lucille Pattison and PoJo on need for campaign finance reform?)...

Hi all...

Twice now in the last decade the Poughkeepsie Journal has strongly editorialized for what I've been suggesting since 1999-- when I brought together former County Executive Lucille Pattison, various county legislators, and dozens of county residents at a forum at the Family Partnership Center on the need for campaign finance reform here in Dutchess County similar to what Rockland County has had in place since 1998 without legal challenge-- a $100 limit on campaign donations to county officials and candidates from companies who have contracts with the county (Duane Smith picked up ball on this)...

[Sadly, my G.O.P./Conservative opponent Pat Dealy told everyone at last Wednesday's debate at Clinton Town Hall that he opposes campaign finance reform on county level--why?...(look at those supporting him and his point of view; a number of his ideological supporters are listed below-- long involved in pay to play here in Dutchess).]

Legislation from yours truly to make this happen (co-sponsored by Red Hook Co. Leg. Tom Mansfield) was discussed last month in our County Legislature's Government Services and Administration Committee...

Come out and speak up-- join 50 other county folks signed to http://www.petitiononline.com/cleangov !...

County government of, for, and by the people of Dutchess-- not special interests-- too much to ask for?...

[scroll down to see documentation on how this law is perfectly legal, contrary to G.O.P. statement]

As always-- your letters to all 25 of us at countylegislators@co.dutchess.ny.us do matter, people!...

[pass it on]

Joel
242-3571/876-2488
joeltyner@earthlink.net

p.s. Google "pay to play"-- it's about the all-too-frequent links between large government contracts and large political donations (in spite of Dealy's attempt to turn this issue into yet another attack on unions; fact is that corporate donations dwarf union donations at all levels of government-- local, state, and federal; I've documented this, and you can see more on this @ CitizenActionNY.org)...

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From http://www.poughkeepsiejournal.com/article/20090806/NEWS01/908060325/1006 ...

County campaign-giving limit proposed
Law would affect people, companies that do business with Dutchess
BY JENNY LEE-ADRIAN • POUGHKEEPSIE JOURNAL • AUGUST 6, 2009

A proposed Dutchess County law would limit political contributions of individuals and corporations that do business with the county, if they donate to candidates running for county offices.

Individuals and corporations that have contracts with the county could only contribute up to $100 to candidates running for county executive, county clerk, county district attorney, county sheriff, county comptroller and the county Legislature during any primary, special or general election campaign, according to legislator and law co-sponsor Joel Tyner, D-Clinton.

"It prevents undue influence on elected officials based on campaign contributions," said legislator and law co-sponsor Tom Mansfield, D-Red Hook.

The law would be enforced through a civil procedure by the County Attorney's Office. For the first offense, violation of the law could lead to a $250 fine or three times the contribution, whichever is greater. Any subsequent violation could lead to a $500 fine or four times the illegal contribution, whichever is greater.

A legislative committee will discuss the law at 4:45 p.m. today [in our County Legislature's chambers on the sixth floor of our County Office Building], but not vote on it.

State Board of Elections Communications Director John Conklin did not see a constitutional issue here.

"They can limit contributions to candidates in their own county for their own level of government," Conklin said. A county law that would limit contributions to candidates other than those at the county level would be challenged and struck down as unconstitutional, he said.

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NEW UPDATED report below re: de-facto pay-to-play right here in Dutchess County government here!...

[again-- thanx to Co. Leg. Tom Mansfield for co-sponsoring law I drafted and some of research below;
donations info < http://www.elections.state.ny.us/ContributionSearchB.html ; other info < Comptroller]

Do you think it's pure coincidence these county vendors from outside Dutchess are giving big money?...

-- A. Colarusso & Son of Hudson got $2.6 million of our tax dollars in county contracts since Jan. 2008-- and gave $7500 to County Exec since 5/15/06; county G.O.P. committee got $750 donation 12/13/06.
A. Colarusso & Son, Inc. also gave our County Executive $1000 on 12/14/02 and $2500 on 11/4/03, and got more than $700,000 in county contracts in 2003, and $346,000 in county contracts in 2004.

-- Charles H. Sells Inc. of Briarcliff Manor got $181,000 of our tax dollars in county contracts since Jan. '08-- and gave $2000 to the County Executive since Feb. 3, 2006. Charles H. Sells, Inc. gave $3000 to our County Executive in 1999/2000 and $1000 4/30/03, and got $140,000 in county contracts in 1999.

-- C & S Engineers/World Wide Holdings of Syracuse got $366,000 of our tax dollars in county contracts since Jan. '08-- and gave $1000 to the County Executive since May 12, 2006.

-- Cosentino Architecture, PLLC of Newburgh/New Windsor got $116,000 of our tax dollars in county contracts since Jan. '08-- and gave $200 to the County Executive since May 18, 2007.

-- Peckham Industries of White Plains got $181,000 of our tax dollars in county contracts since Jan. 2008 and gave $2000 to our County Executive in 1996 and 1997-- getting $224,000 in county contracts in 1997, 1998, and 2000, and $214,000 in county contracts in 2004. They also gave $1500 in 1999, $1500 in 2001, and $1100 in 2003 to the Dutchess County Republican Committee, and $550 to the G.O.P. Legislative Fund [long-time top G.O.P. Co. Leg. Gary Cooper has long worked for Peckham too].

And we're supposed to believe these millions in legalized kickbacks annually are coincidence too?...

-- Meyer Contracting got $1.6 million of our tax dollars in county contracts since Jan. 2008-- and has given over $10,000 to the County Exec since Feb. 12 2006 (and publicly fought for his political agenda).
Meyer Contracting also gave our County Executive $1350 in 2000 and $2500 in 2003, and got $3.5 million in county contracts in 1998, 1999, and 2000-- and $1.1 million in county contracts in 2004.

-- Marshall & Sterling got $1.6 million of our tax dollars in county contracts since Jan. 2008-- and gave
$750 to the Dutchess County G.O.P. Committee on Dec. 13, 2006. Marshall & Sterling also gave the Dutchess County Republican Committee $3000 in 1999, $800 in 2001, and $500 in 2003, and got $2.6 million in county contracts in 1998, 1999, and 2000-- and $1.5 million in county contracts in 2004.

-- Vosburgh J. Paul Architect PC got $483,000 of our tax dollars in county contracts since Jan. 2008-- and gave $2500 to the County Executive 10/14/06-- and $1000 to the County Executive 11/4/07. Paul Vosburgh gave our County Executive $4000 in 1995 and 1999, $2500 on 6/17/03, and got $497,000 in county contracts in 2000, and $56,000 in county contracts in 2004.

-- Bottini Fuel/Morgan Fuel & Heating Co. DBA got $440,000 of our tax dollars in county contracts since Jan. '08-- and gave $2000 to County Exec since 7/21/07; $1000 6/10/08 to Dutchess G.O.P. Comm.
Bottini Fuel gave our County Executive $2000 in 1998 and 1999, and got $241,000 in county contracts in 1997, 1998, and 2000.

-- H.B. Wiltse Excavating got $754,000 of our tax dollars in county contracts since Jan. '08-- and gave $1000 to the County Executive May 10, 2006.

-- NYCOMCO got $550,000 of our tax dollars in county contracts since Jan. '08-- and gave $1000 to the County Executive June 5, 2007. NYCOMCO also gave $2500 to our County Executive on 4/18/03, and got $382,000 in county contracts in 2004.

-- Dutchess Quarry & Supply Inc. got $1.1 million of our tax dollars in county contracts since Jan. 2008-- $100 to BS Apr. 6, 2007. Dutchess Quarry also gave our County Executive $200 in 1995,$2500 on 12/20/04, and got $458,000 in county contracts in 2000, and $647,000 in contracts in 2004.

-- Herb Redl got $230,000 of our tax dollars in county contracts since Jan. 2008 and gave our County Executive $3000 in 1995 and 1997-- also getting $277,000 in county contracts in 1997, 1998, 1999, and 2000, and got $11,000 in contracts in 2004.

-- Chazen Environmental Services got $45,701.69 of our tax dollars in county contracts since Jan. '08--
and gave $3000 to the County Executive since Feb. 26, 2006. Chazen Engineering gave our County Executive $2500 on 5/7/03 and $2500 on 12/19/04, and got $3200 in county contracts in 2004 alone.

-- Smith Environmental Laboratory, Inc. got $156,000 of our county tax dollars in contracts since Jan. '08-- and gave $800 to the County Executive since Aug. 16, 2006.

And that's not all folks...(again-- all of this from public records @ NYSBOE/DCBOE/Comptroller's office)...

Reclamation, Inc. (of Kingston) gave our County Executive $1000 in 1997 and got $1.3 million in county contracts in 1998, 1999, and 2000, and $157,000 in county contracts in 2004.

Highway Rehab Corporation (of Patterson) gave our County Executive $3000 in 1995,1999, and 2002, $1000 on 6/14/03, and got $429,000 in county contracts in 1996, and $218,000 in contracts in 2004.

York Hunter (of Kingston/NYC) gave $4000 to our County Executive in 1998 and
1999, and received over $2 million in county contracts in 1997, 1999, and 2000 (largely for work on Dutchess Community College classrooms and renovations on the county's fire training building).

Progressive Transportation Services, Inc. (of Horseheads) gave
our County Executive $1000 in 1999 (besides $1000 given previously), and got
$7.3 million in county contracts in 1998, 1999, and 2000.

Bank of New York (of New York City) gave our County Executive $1000 in 1995, and got $47,000 in contracts in 1996 and 1997.

Willkie, Farr, and Gallagher (of New York City) gave our County Executive $1000 on 12/20/04, and got $8960 in county contracts in 2004.

Bennett, Kielson, Storch, Yabhon, and DeSantis gave $1350 on 6/24/99 to the Dutchess County Republican Committee $920 on 10/25/99 and $300 to the G.O.P. Legislative Fund. They also gave the G.O.P. Legislative Fund $580 over the past three years ($190 on 10/23/02, $100 on 3/21/03, $100 on 9/15/03, $90 on 3/18/04, and $100 on 11/19/04); interestingly, each time no address was recorded on those finance disclosure statements- while all the addresses for other contributors were recorded. They got $55,000 in county contracts in 2000, and $74,000 in county contracts in 2004.

VanDeWater & VanDeWater gave $2500 on 5/24/99 and $1000 on 6/16/03 to our County Executive, $1000 on 10/12/00 and $500 on 8/14/99 to the Du. Co. Rep. Comm. They also gave $1025 to the Du. Co. Rep. Comm. in 2001, $1175 to them in 2002, $1100 in 2003, and $950 to them in 2004. They gave $515 to the G.O.P. Legislative Fund (on 9/9/03, 3/18/04, and 9/29/04 in total). They received $21,000 from the county in contracts in 1999 and 2000.

Hollowbrook Associates gave our County Executive $1000 in 1995, $2500 in 2002, and $1000 in 2003, and has gotten at least $55,000 a year in county contracts for many years, getting $63,000 in contracts in 2000 and a pledge from our County Executive for $55,000 a year for the following four years-- this is $15,000 more each year than what the Fishkill building would have cost the DMV; former County Clerk Dick Anderson wanted to make this move to save tax dollars and have after-hours drive-through service, but our County Executive and his Republican allies blocked it.

Montfort Brothers Quarry gave $1000 to our County Executive in 1995; they have been noticeably silent about their plans to destroy beautiful and historic Fishkill Ridge by turning it into a mine. They also gave $1750 in 2000 to the Dutchess County Republican Committee and $690 in 1999 and $550 in 2001 and $190 in 2003 to the G.O.P. Legislative Fund. Montfort Brothers also got $3571 in county contracts from the county in 1999 for highway and construction materials. Southern Dutchess Sand and Gravel gave the G.O.P. Legislative Fund $400 on 8/29/01.

Clove Excavators gave $2700 to our County Executive in 1995, 1997, and 1999, and got $2.6 million in county contracts in 1996, 1997, 1998, and 2000, and got $791,000 in county contracts in 2004.

Perreca Electric gave our County Executive $5000 in 1995, 1999, and 2002, $2500 on 4/23/03, $2500 on 12/13/04, and got $104,000 in county contracts in 1996 alone.

C.B. (Don/Richard) Strain gave $2000 to our County Executive in 1995 and 1999, $1000 in 2003, and received $4.2 million in county contracts in 1996, 1999, and 2000, largely for work on Dutchess Community College classrooms. They also got $331,000 in county contracts in 2004.

C.J./Jean W. Patrick Real Estate gave $3000 to our County Executive in 1995,
1997, and 1999, $1000 on 4/26/03, $1000 on 12/12/04, and got $287,000 in contracts in 1996, 1999, and 2000, and $164,000 in country contracts in 2004.

Star Gas gave $250 in 1999 to our County Executive and got $55,000 in contracts In 1999 and 2000, and $10,000 in contracts in 2004.

Morris Associates gave $2000 in 1999 and $2500 in 2004 to our County Executive. They received $6000 in contracts in 1999, and $15,000 in county contracts in 2004. They gave $500 to the Du. Co. Rep. Comm. in 1999, $900 to them in 2001, $1100 to them in 2003, and $155 in 2000, and $225 in 2004 to the G.O.P. Legislative Fund.

Freedom Ford gave our County Executive $1000 in 1995 and got $40,000 in county contracts in 1998, and $24,000 in county contracts in 2004.

Arthur Fried gave our County Executive $1000 in 1995 and got $132,000 in county contracts in 1998.

McCabe & Mack gave our County Executive $3500 in 1995 and 1999 and got $71,000 in county contracts in 1998 and 2000, and $92,000 in contracts in 2004.

James Sedore and/or his accounting firm gave our County Executive $6000 in 1995, 1997, and 1999, another $1000 on 6/12/03, and got $20,000 in county contracts in 1997 and 1998, and $10,000 in county contracts in 2004; they also gave the County Republican Committee $1350 in 1999, $400 in 2001, $950 in 2003, and $50 to the G.O.P. Legislative Fund in 2003.

Sucato Builders gave our County Executive $200 in 1999 and got $11,000 in county contracts in 2000.

Package Pavement gave our County Executive $500 in 1999 and got $7000 in county
contracts in 1998.

Cerniglia & Swartz gave our County Executive $500 in 1999 and $2500 in 2003 (and $3500 that election cycle, besides), and got $70,000 in county contracts in 2000, and $2800 in contracts in 2004.

Royal Carting gave $400 to the G.O.P. Legislative Fund in 2001, $100 in 2003, $1000 to the Dutchess County Republican Committee in 2000, and received $97,000 in county contracts in 1999, and $102,000 in county contracts in 2004.

H. G. Page gave $150 in 1999 to the G.O.P. Legislative Fund and got $22,000 in county contracts in 1999, and $7000 in county contracts in 2004.

Blacktop Maintenance Corporation gave the G.O.P. Legislative Fund $90 on 3/11/04 and got $366,000 in county contracts in 2004.

Liscum, McCormack, and VanVoorhis gave our County Executive $1000 on 6/18/03, $490 to the G.O.P. Legislative Fund in 2004, and got $16,000 in county contracts in 2004.

Prudential Serls gave our County Executive $2500 on 5/3/03 and $2500 on 12/20/04, and got more than $12,000 in county contracts in 2004.

Red Wing Properties gave $1000 to our County Executive on 6/19/03, and $45 to the G.O.P. Legislative Fund on 3/11/04, and got $27,000 in county contracts in 2004.

Corbally, Gartland, and Rappleyea LLP gave $50 to the G.O.P. Legislative Fund on 9/29/04; they got $4300 in county contracts in 2004.

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[scroll down for text of law proposed; Rockland law here: http://www.ecode360.com/?custId=RO1021 ]

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"Keep Improving Dutchess Ethics Law"

[Poughkeepsie Journal editorial 5/29/04-- over five years ago-- how much longer should we wait?!?]

"Accountability in Dutchess County government has taken a big stride forward recently-- though there's still room for improvement...more could be done to foster accountability. The Legislature could look to other counties, such as Rockland, for examples of strong laws. Dutchess could: * Limit campaign contributions to $100 if they come from individuals or organizations that do business with the county. This would minimize any appearance that they're buying political influence. * Put a $100 cap on ''soft money,'' or even eliminate it altogether. The term refers to gifts funneled through political parties or other means to get around direct contribution limits. Laws like these can help ensure that public servants remain honest in their official dealings. Dutchess County should continue to strive for integrity in government."

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"Ethics Law Must Cover Gift Limits"
[Poughkeepsie Journal editorial 9/16/00-- literally almost a decade ago-- how much longer do we wait?]

"Dutchess legislators recently took the high road and stepped up the ethics code for elected county officials, but there's more to be done on this road before they make an exit. In other words, they should approve important campaign finance reform proposals still pending to the revised county ethics law passed last week. These additions, proposed by Legislator Duane Smith, D-Beekman, would demonstrate across-the-board devotion to the highest ethical standards. To start off, Smith urges a $100 limit on all gifts to all candidates for county office from any person or company that does business with Dutchess County. That would eliminate any question of politicians returning favors for big campaign donations. Smith's additions also would strengthen bans on nepotism, cronyism and lobbying when it comes to appointed, paying positions in county government. His amendments would make it impossible for county officials to have close relatives in high-paying jobs, if other applicants are equally or better qualified. Besides, the lawmaker urges closing loopholes so campaign contributors doing business with the county don't appear to be buying political influence. Besides the ban on gifts worth more than $100, he advocates the elimination of ``soft money,'' gifts funneled through political parties or other means to get around direct contribution limits. Smith's proposals would provide just that. The Beekman lawmaker based his proposals on Rockland County's ethics law, which is superior to Dutchess' recently revised measure in several ways: It clearly defines conflicts of interest, simplifies the financial disclosure process and makes it enforceable, and ensures membership on the ethics board can't be controlled by a political majority. Anthony Quartararo, counsel to the Dutchess Legislature, and County Attorney Ian MacDonald say the county can't pass a campaign finance law because New York state law supersedes any county law. Not so, according to Rockland County's own legislative counsel, Bruce Levine, a Democrat. He and his GOP predecessor both determined that the Rockland measure is completely within the county's power and isn't in conflict with state law. According to the state attorney general's office, Rockland's law has never been challenged. If Rockland County has been able to pass and enforce these campaign finance reforms without legal problems, shouldn't Dutchess be able to do the same by using the same model? Dutchess lawmakers should investigate that question. They have already straightened out the mess that was the old ethics law, giving county residents clearer, stronger standards to use in judging elected officials. Making Legislator Smith's proposals part of that law would complete the job."

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Comments here from 50 local folks signed on to http://www.petitiononline.com/cleangov -- join us!...

50.
Chris Hackenbrock
Stop the corruption NOW!
12572
49.
stewart Kahn
pay to play must end. corrupts the process.
2434 rt. 9 g staatsburg, ny 12580
48.
Virginia Stern
Campaign finance reform guuidelines are the only way to curb the influence of money in government.
12514
47.
richard mchugh
go joel go!like davy crockett said,"if you are right,go ahead."
154 chelsea rd.,wappingers falls;ny12590
46.
Baccus Poxer
Democracy requires a level playing field, not one dominated by wealthy special interest groups
12545
45.
Dana Tompkins
There is and has always been only one way to combat this type of abuse, and that is to find a way to bring this to the attention of the voters, so they can take care of it in the next election cycle. Find what would be newsworthy to the national media, and put Dutchess County on the map for all to see.
73 College Lane Millbrook , NY 12545
44.
Joan Grishman
We are living in the results of bought govt..
Hyde Park, NY. 12538
43.
Edward Shaughnessy
I support the Clean Government Petition
P.O. Box 21, Millbrook, New York, 12545.
42.
Mark
I agree with petition
206 Spackenkill Road Poughkeepsie, NY 12603
41.
ilana nilsen
Do something that would make children proud
329 Camby Road, Verbank 12585
40.
julia widdowson
let's clean up our county now!
339 North Mabbettsville Road, Millbrook, NY 12545
39.
Cheryl K. Morse
We need to clean up county AND local government
P.O. Box 645, Amenia, NY 12501
38.
Vincent Martinez
-
12522
37.
Jessica
Will this ever be rectified
118 sodom rd staatsburg
36.
Natalie Embree
Let's clean it up!
8 Vista Drive, Poughkeepsie, 12601
35.
Joseph Rouleau
Voters demand clean elections and instant runoff voting.
200 Oakwood Ave, Troy, NY 12180
34.
Sean J. McDermott
I am a former Rockland County resident (now living in Dutchess) and Clean Government Works
12570

33.
Marian G Thompson
The practice of awarding contracts to corporations based on their campaign contributions to incumbents invites corruption, should be illegal and costs taxpayers more money if bids submitted are irrelevant in choosing the winners of contracts. The practice can also affect the quality of work completed.
1413 Hollow Rd, Clinton Corners, NY 12514
32.
Joni Handley
It's time to put democracy ahead of moneyed interests. Let's clean up our elections so we can clean up all levels of our government.
47 Partridge Hill Rd., Hyde Park, NY 12538
31.
Joseph Cosentino
Let's end the corrupt dictatorship and get back to a democratic society.
12590
30.
Doreen Tignanelli
A limit seems reasonable.
12603
29.
Richard Anderson
Run on your qualifications, not on how much influence you can peddle.
18 West Marshall Dr, Poughkeepsie, NY 12601
28.
Thomas Baldino
We don't want monied interests out side our government influencing governmental decisions.
19 North St., Beacon, NY 12508
27.
Richard Anderson
It's Time to Clean Up County Government
18 West Marshall Dr, Poughkeepsie, NY 12601
26.
David Sloman
I support this petition!!
12603
25.
Ted Ferris
Do the right thing
12585
24.
Chelsea Warburton
Government by the People and for the People
98 Lattintown Road, Newburgh, NY 12550
23.
Charles Warburton
Government by the People and for the People
98 Lattintown Road, Newburgh, NY 12550
22.
Jennifer Warburton
Power to the People!
98 Lattintown Road, Newburgh, NY 12550
21.
Anne Gayler
Please do the right thing.
148 Prospect Road, Monroe, NY 10950
20.
Jonnie Leinweber
Changes in current policy regarding political contributions is desparately needed! I agree wholeheartedly. But mostly, everyone needs to voice their opinions about this, it is our consitiutional right!!! Did I hear that England gives free airtime to all political candidates? This seems to suggest to me that ALL candidates have a fair chance of being heard, not just those with the most money.
12550
19.
Patrick Speno
I am in favor of the DCCGP
10 Ladue Rd Hopewell NY 12533
18.
Ken Thomas
Government BY the people ! This means all people not just the greedy wealthy!
12550
17.
Michael Cashdollar
reform Dutchess county govenment!
Saugerties, NY
16.
Frank Carbone Jr.
If it's happening in Dutchess co. -- it's happening elsewhere. Contributions should be strictly limited to individual voters. Businesses/owners should be completely restricted.
Newburgh, NY 12550
15.
Mark Wetzel
Family court & county wide corruption reform needed now! I love you, Gregory & Ashlan!
Pitman, NJ
14.
Adrienne Bradford
Reform family court now! I lost my children in Dutchess County Court because the system is totally whacked out.
Saugerties NY
13.
Victoria Fleming
With the corruption in the government, we have criminals & con artists from other states moving here. It makes me fearful for my children's future.
Poughkeepsie 12601
12.
Catherine Watters
County funds are not meant to be private slush funds for campaign contributors from outside the county. Let's get honest and keep the sunshine on this issue!
Rhinebeck 12572-1325
11.
William A. Sepe
An idea whose time has come
65 Gifford Avenue Apt #1, Poughkeepsie 12601
10.
Margaret Von Vogt
enough already
12603
9.
Richard R Carlson
Elected officals should not be rented out.
12590
8.
Dr. Duane W. Smith
It's an outrage that Dutchess County government is for sale.
12601
7.
bill costine
quid pro quo, government for sale in dutchess!! and cheap too!!!
108 rombout ave, beacon NY, 12508
6.
Douglas C. Smyth
Dutchess County needs a Rockland County-style ethics and campaign finance law. Incumbents should not have their campaigns subsidized by the contractors they approve for work in the county.
12580
5.
Douglas McComb
Government of the corporations, by the corporations, for the corporations, equals extortion.
37 Hornbeck Ridge, Poughkeepsie, NY 12603
4.
Guy Hathaway
Public financing of all candidates for election is an idea whose time came long ago. For truly "representative government", it is the taxpaying voters who should be represented, not special interests.
12572
3.
Vicky Perry
Contributions to political campaigns are a legitimate form of citizen participation, but the financial strength of contributors should not permit them to be a controlling influence on elections.
62 Old Post Rd. , Red Hook NY 12571
2.
Richard M. Anderson
Good government depends on not accepting political contributions from those who do business with the county.
18 West Marshall Drive, Poughkeepsie, NY 12601
1.
Richard Dennison
The American Republic cannot continue to exist without clean elections.
12533

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From http://www.petitiononline.com/cleangov ...(again-- join 50 others on board-- sign on to help, folks!)

[below was originally put together in '05-- but now obviously as pertinent as ever; Steinhaus, running for re-election against Ruggiero in '07, used pay-to-play to his advantage re: donations-- fact; see above]

"Now, more than ever, it's time for us to pull together to break the stranglehold grip that special interests have over our government at federal, state, and most importantly, the county level.

Public records at our county's Board of Elections and Comptroller's offices show that 43 different companies (including ten from outside our county) have given donations to top public officials and/or the Republican party-- and "coincidentally", it seems, have received literally millions of our county tax dollars in contracts.

In fact, over the last ten years ten companies from outside our county have given $30,000 to the Dutchess County Republican Committee, G.O.P. Legislative Fund, and our County Executive-- and received more than $13 million in county contracts.

The Poughkeepsie Journal has editorialized strongly twice over the last five years that our county should follow the example of Rockland County and pass a campaign finance reform law on the local level-- a $100 limit on campaign contributions to county officials or candidates from companies who do business with the county. Our County Legislature should delay no longer on this.

Incredibly, over and over again over the last five years Dutchess County Republicans have stated that it is "illegal" for our county to have a similar law-- even though Rockland County's law has been on the books now for well over five years, and no one has legally challenged it.

We need reform badly-- in 2003 our County Executive outspent his only challenger (the intrepid Fred Bunnell) by more than $260,000. Bunnell had less than $20,000 at his disposal, yet won over 40% of the vote-- one wonders at knows what the result might have been if our county had enacted campaign finance reform earlier. We can afford to wait no longer on this.

Look at the 1999 race for Dutchess County Executive. Steinhaus outspent hard-working citizen activist Irv Miller by about 8 to 1 then; Miller raised $14,000 (exactly the amount Steinhaus "just happened" to take in over 6 years from 7 county vendors who "just happened" to get $11 million in county contracts over that same period (from 1995 to 2001).

The Poughkeepsie Journal ran a detailed front-page story on some of this by Mary Beth Pfeiffer Oct. 31, 2003: "Corporate Donors Boost Steinhaus"-- "Twenty-three donors who gave $1000 or more to County Executive William Steinhaus's reelection campaign were paid more than $3.1 million last year for everything from road construction to plumbing supplies, a review of campaign reports and county spending shows."

Note-- the resolution I submitted last year on this was the exact same one, verbatim, as the one Duane Smith submitted four years ago-- with one important addition. Given the fact that we've been made aware last year of how public records show that the CEO of Castagna Realty (John Gutleber of Setauket) gave our County Executive a $2000 campaign donation on 11/12/03, and Castagna Realty itself (based in Manhasset) gave him $1000 the year before (11/29/02)-- and Castagna Realty is handling the real estate transactions for the so-called "Castagna Commerce Park" to be constructed in Pawling...and the fact that the "footprint" for those three buildings was the only property in Pawling added to our county's Empire Zone this year-- not one of Pawling's struggling small businesses was (perhaps they weren't able to cut Mr. Steinhaus $3000 checks)-- we've added language in the resolution addressing this as well.

One may wonder why our county's Board of Ethics doesn't seem to think any of this is a conflict of interest. Perhaps this is because one of the members of our county's Board of Ethics, Allan Rappleyea, is actually a member of a law firm that contributed to the G.O.P. Legislative Fund last year (Corbally, Gartland, and Rappleyea LLP), and got thousands of dollars in county contracts last year as well (see below for much more on this).

Thanks to County Legislature candidates Fred Bunnell, Richard Dennison, Vicky Perry, and Ron Ray for coming out to our July 1st press conference for Rockland-style campaign reform, along with Richard Carlson and Kathy Stewart. Note as well-- Kerry Mitras, Democratic Candidate for Dover County Legislator also indicated that he supported the press conference, but wasn't able to attend, and the Democratic Caucus of our County Legislature has been pushing since 2000 for our county to have campaign finance reform since Tyner helped bring together the Dutchess County Task Force for Campaign Finance Reform with former County Executive Lucille Pattison in 1998.

Two hundred years ago Thomas Jefferson warned his contemporaries of the "excesses of monied interests" deterring elected officials from truly serving the public. Unfortunately, it seems two centuries have passed without much progress on this issue.

Enough is enough. We deserve county government of, for, and by the people-- one person, one vote-- not one dollar, one vote. Period."

*************************************************

Ricardo McKay, the Rockland County Legislature Attorney, sent this to us:

"I have checked with our County Attorney and there have been no lawsuits against Rockland County challenging the legality of the Rockland Campaign Finance Law.

Secondly, the City of New York has passed a Campaign Finance Law. That law has a detailed analysis of the power of a County to adopt it's own finance law. Please review that law for the authority you have asked about.

Next I would note that the opinion of the Controller's and the Attorney General's offices are not law. They are their opinions only.

Lastly I would point out that Rockland's law is addressed to the issue if whether a party can be a contractor with the County. It has now restriction as to ones ability to support financially any candidate of their choosing. If one wants to contract with the County, the County has the desire to avoid conflict of interest and the appearance of inappropriate conduct. The desire of the State to set contribution limits is not so great that it can prevent the County from controlling who can contract with it."

McKay cites five different lawsuits over the years that support the right of New York City, Rockland County, Suffolk County-- and yes, Dutchess County-- to pass local campaign finance laws...

Specifically, these: Resnick v. County of Ulster, La Cagnina v. City of Schenectady, Baldwin v. City of Buffalo, Adler v. Deegan, and Procaccino v. Board of Elections (see below)...

They're in this piece McKay sent us-- "A Symposium on Ethics in Government: The New York City Campaign Finance Act" by Jeffrey Friedlander, Stephen Louis, and Laurence Laufer (from the Winter 1988 issue of The Hofstra Law Review)...

"Section III. Local Legislative Authority and the Interaction with State Law

The New York City Corporation Counsel...concluded that the City has the authority to adopt a system of public campaign financing. Article IX of the New York State Constitution establishes in state law the principle of local home rule. That article sets forth several bases of local legislative authority which support enactment of the New York City Campaign Finance Act. Specifically, article IX provides, "In addition to powers granted in the statute of local governments or in any other law,...every local government shall have the power to adopt and amend local laws not inconsistent with the provisions of this constitution or any general law relating to its property, affairs, or government..." Not only is this broad authority granted to localities by the people and the legislature, but the Constitution also provides in article IX that the "rights, powers, privileges and immunities granted to local governments by this article shall be liberally construed."

The New York City Campaign Finance Act falls within the scope of the city's "property, affairs, or government." This is clear from the purposes of the law: (a) to help ensure the ethical conduct of city officials by reducing the political influence of large contributors; (b) to give candidates a fair chance to express their views to the electorate; (c) to keep voters informed of local campaign issues; and (d) to increase public confidence in the electoral process.

The courts of the state have held that a local law may relate to the "property, affairs or government" of the locality, notwithstanding the fact that it pertains to the electoral process.

* In Resnick v. County of Ulster, the New York Court of Appeals, relying in part on the "property, affairs or government" provision, rejected a challenge to a county law requiring that vacancies in the board of supervisors be filled by vote of that body's remaining members.

* In La Cagnina v. City of Schenectady, the Supreme Court, Special Term, for Schenectady County upheld a local law prescribing how a proposal being voted on in a referendum was to be stated on the ballot.

* Baldwin v. City of Buffalo is especially significant. There the Court of Appeals upheld against constitutional challenge a local law altering the boundaries of local election districts within the city of Buffalo. The court held that "the State has no paramount interest" in a change in the law pertaining to local elections and the locality may therefore change ward boundaries pursuant to its authority over its "property, affairs or government." This reasoning applies to the public financing of local campaigns as surely as to the alteration of ward boundaries.

The fact that the state legislature has regulated some aspects of the financing of local elections does not necessarily imply that city authority to act in this area is preempted. In interpreting the home rule provisions of the state constitution, the Court of Appeals has long recognized that many matters of public concern may affect state interests while also relating to the "property, affairs or government" of a locality. In such areas of overlapping interests, state and local laws may coexist.

* In Adler v. Deegan, for example, Chief Judge Cardozo noted that the enactment of the Multiple Dwelling Law, a special state law establishing minimum structural standards for apartment houses in New York City, did not exclude construction activities from the City's "property, affairs or government." The state's interest in safeguarding public health, embodied in the Multiple Dwelling Law, did not, in Judge Cardozo's view, diminish the city's interest in regulating the density and structure of buildings, embodied in the City's Zoning Resolution. The two enactments could thus exist side by side in an area of "concurrent jurisdiction."

* Regulation of the electoral process as it affects local elections is similarly an area of joint state/local interest and jurisdiction. In Procaccino v. Board of Elections, the court recognized this concurrent concern in considering a state law pertaining to the conduct of primary elections for certain local offices in New York City, stating that "the elective process delineated in [the statute] is of concern both to New York City insofar as it affects the City, and to the State, insofar as control over the elective process and its conduct resides in the legislative power...The court's statement in Procaccino applies equally as well to campaign financing in local contests, which implicates both the city's interest in good government and the state's interest in ensuring fair elections as the basis of a democratic policy. The Election Law and the new City law may thus coexist in the same regulatory area...

Current state law restricting campaign contributions does not contain, and the relevant legislative history does not provide, an express statement that the state legislature intended to preempt local laws providing optional public financing of local election campaigns...

An examination of the history, scope and purposes of state laws pertaining to campaign contributions and expenditures demonstrates that existing state law does not preempt the local campaign finance law. The state campaign contribution and receipt rules set forth in article 14 of the Election Law do not constitute a comprehensive and detailed regulatory scheme which is indicative of legislative intent to occupy the entire field of campaign financing. To the contrary, the scope of article 14 is relatively narrow, focusing on only one aspect of campaign financing-- campaign contributions by private persons and entities..."

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[text here of Dutchess law-- based on Rockland law-- http://www.ecode360.com/?custId=RO1021 ]

Title. This chapter shall be known as the "Dutchess County Campaign Reform Act of 2009."

Definitions.
As used in this chapter, the following terms shall have the meanings indicated:

CANDIDATE
Any person seeking election to any County position, as defined by the New York State Election Law, within the County of Dutchess, including any political committee formed for the sole purpose of electing one or more candidates, as defined herein.

DONATION
The transfer, to a candidate, of any tangible or intangible property, including but not limited to cash, check, money order, ticket or admission to social, artistic or sporting event, use of office space, equipment or postage, whether temporary or permanent, and any other real or personal property for the purpose of obtaining election to any position as defined in § 223-2 of this chapter.

ELECTION
The calendar year in which any primary, general or special election takes place.

ELIGIBLE VOTERS
Those persons eligible to vote in a specific election, as defined by the Dutchess County Board of Elections.

INDIVIDUAL, CORPORATION, LOBBYIST OR OTHER ENTITY DOING BUSINESS WITH THE COUNTY
Includes those individuals or organizations appearing on the County's vendor's list or contract agencies list; or those who are acting as contractor or supplier for which role they are paid County funds. However, this definition shall specifically exclude individual employees and their immediate family who are not beneficial owners of more than 10% of a corporation or other entity doing business with the County, unions, employees of local governments and individual members of any union, if employment or membership is their only business relationship with the County.

LOBBYIST
Any individual who, for remuneration of any kind, influences or attempts to influence any County official. Any such lobbyist shall register, on a form provided by the Clerk to the Legislature, as such lobbyist for any calendar year in which said lobbyist performs such lobbying service for remuneration of any kind.

SPEND
Transfer any tangible or intangible property, including but not limited to cash, check, money order, ticket or admission to social, artistic or sporting event, use of office space, equipment or postage, whether temporary or permanent, or any other real or personal property for the purpose of obtaining election to any position, as defined in this chapter.

Prohibited acts.

A. Donations.

(1) No individual, corporation, lobbyist or other entity doing business with the County of Dutchess shall make a donation, in the aggregate, of more than $100 to any candidate during any primary, special or general election campaign.

(2) No candidate shall knowingly accept any such donation in excess of $100.

B. Expenditures. No candidate shall spend, in any general, special or primary election, a sum in excess of the amount calculated by multiplying the sum of $2 by the number of persons eligible to vote in such election.

Vendor's list and contract agencies list.

A. The County Executive shall, on a quarterly basis, direct the Dutchess County Director of Purchasing to compile a list of names, based on the County's records, listing those individuals, corporations or other entities doing business with the County of Dutchess, as defined in § 223-2 of this chapter. This list shall be available for public viewing in the office of the Dutchess County Board of Elections.

B. The County Executive shall, on a quarterly basis, also direct the Dutchess County Director of Budget and Finance to compile a list of those contract agencies that receive funding from the County of Dutchess. This list shall be available for public viewing in the office of the Dutchess County Board of Elections.

Penalties for offenses.

Violation of this chapter shall be punishable, for the first offense, by a fine of not less than $250 or three times the amount illegally contributed, whichever is greater, and each subsequent violation shall be punishable by a fine not less than $500 or four times the amount illegally contributed, whichever is greater, to be enforced through a civil procedure by the County Attorney.

Complaints.

Any complaints of alleged violations of this chapter may be made to the Dutchess County Board of Elections, which shall notify the County Executive and the Chairman of the County Legislature when it has received a complaint of alleged violation of this chapter. The Board of Elections shall then proceed to investigate whether in fact this chapter has been violated and shall make a determination. If the Board of Elections determines that this chapter has been violated, the person or committee who allegedly violated this chapter shall be given 15 days, after notice by the Board of Elections, to return the money or correct the violation. If said party fails to do so within 15 days, after notice by the Board of Elections, the matter shall be referred to the County Attorney's office for enforcement of a civil proceeding to collect an appropriate civil penalty, which will be payable to the County of Dutchess.

NYSNA and Autism Action Coalition info re: flu vaccine-- food for thought...

From the New York State Nurses Association (NYSNA.org)...

[note-- feel free to call Governor/state legislators toll-free with your thoughts-- at (877) 255-9417-- and Congress as well-- at (800) 828-0498!...(I know here in the Town of Clinton, Margaret Pell (and her husband Ed) have been very concerned about her possibly losing her job at Columbia-Memorial Hospital in Hudson if she refuses to take this vaccine; Ed spoke up eloquently about this at our Labor Day rally in early September.)...Joel (242-3571; 876-2488)]

[also-- see my www.petitiononline.com/stopflu and info @ OrganicConsumers.org on this]

NYS Nurses Association Open Letter to New York State Commissioner of Health Richard F. Daines and Administrators of Healthcare Facilities/Agencies in New York State

September 4, 2009

NYSNA: An Open Letter to NYS Commissioner of Health Richard F. Daines and Administrators of Healthcare Facilities/Agencies in New York State

On behalf of our 37,000 members, we call on you to ensure that registered nurses and other healthcare providers are adequately protected against the H1N1 influenza virus, which is expected to affect large numbers of the population this fall.

A report released on Sept. 3 by the Institute of Medicine (IOM) states that the minimum protection for workers (including those in non-hospital settings) who are in close contact with patients with suspected or confirmed H1N1 influenza is a fit-tested N-95 respirator. The recommendation conforms to guidelines issued by the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and the National Institute for Occupational Safety and Health.

DOH guidelines must be updated

Influenza is transmitted three ways: droplet (between 5 and 10 microns), airborne aerosol (less than 5 microns), and contact. With H1N1, which primarily attacks the lungs, airborne infection has an important role to play. Because it allows viruses to enter the deep lung tissue more easily and can cause illness at lower doses than the other two modes, airborne transmission is a clear hazard for workers.

The New York State Department of Health has issued guidelines stating that a surgical mask is appropriate protection for routine care of patients with respiratory illness. Surgical masks, however, do not provide adequate protection against airborne aerosols. The DOH guidelines must be updated to require fit-tested N-95 respirators (or better) for all workers who will be caring for flu patients.

Facilities must invest in infection control

Healthcare facilities are trying to increase their surge capacities in the event of an epidemic. But they must also invest in protecting the nurses who will care for these patients. As we have already communicated to DOH, even when they are vaccinated, employees can still get the flu and spread it to others if they are exposed to the virus without proper protection.

When novel H1N1 influenza appeared last spring, nurses were concerned about the appropriate infection control measures when caring for suspected H1N1 cases. When the Nurses Association evaluated the readiness of hospitals to deal with a possible public health emergency, we were shocked to discover that many facilities were unprepared.

Some hospitals did not have enough N-95 respirators available and had not performed the necessary fit testing. Some had not completed the OSHA-required risk assessment process. Respiratory isolation rooms were either not available or were poorly maintained, work practices were not adequate, and pertinent policies were either outdated or nonexistent.

Mandatory immunizations are not an “easy fix” that will prevent workers from contracting seasonal flu or H1N1. To effectively prevent the spread of infection, healthcare facilities must establish and implement effective infection control policies and procedures and DOH must ensure that federally mandated infection control procedures are being followed.

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Nurses Association Opposes Mandatory Flu Shots for Health Workers

The New York State Nurses Association spoke at the July 23 and Sept. 17 meetings of the New York State Hospital Planning and Review Council Codes and Regulations Committee, voicing its strong opposition a regulation that requires nearly every healthcare worker in the state to be immunized for influenza.

The rule affects all healthcare personnel, both paid and unpaid, who interact with patients in hospitals, diagnostic and treatment centers, certified home health agencies, long-term healthcare programs, AIDS home care programs, licensed home care services, and hospices.

In its testimony, the Nurses Association called the council’s action a “scorched earth” approach. While we encourage nurses to be immunized for the flu, we do not agree that nurses should be required to be immunized every year as a condition of employment.The seasonal flu vaccine is not 100% effective and sometimes is highly ineffective, as it was in 2005 and 2007. There is no guarantee that in any given year, the public will benefit from mandatory immunization of healthcare providers.

The Nurses Association also is concerned that the state and healthcare facilities might rely upon flu shots to prevent the spread of influenza among workers and patients rather than implementing proven infection control procedures, such the use of appropriate respirators and isolation rooms.

The regulation’s impact on the state’s shortage of nurses could be significant. There is no exemption for individuals with religious or cultural preferences regarding immunization. This rule effectively blocks these individuals from earning their livelihood as nurses. It’s possible that nurses will leave the profession or choose another career because of this mandate; a serious threat at a time when the shortage of nurses in New York State is expected to reach 20,000 within a decade.

Information Hotlines/e-mail
The NYS Department of Health (DOH) call center: 800.808.1987 is available for questions concerning seasonal and H1N1 influenza vaccinations; healthcare professionals should use option #2.

NYSNA Hotline - For questions or concerns; calls are answered as soon as possible; NYSNA members receive priority:

800.724.NYRN (6976), ext. 346 (within New York State only)
518.782.9400, ext. 346 (outside New York State)

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More food for thought on this from AutismActionCoalition.org...

Click here to make a Donation to the Autism Action Network

Lawsuit to stop forced Vaccinations in New York

http://www.autismactionnetwork.org/donate.html

Rally to Stop Forced Vaccinations

East Capitol Park, Albany, NY

Tuesday, September 29, 2009, 10 am – Noon,

Followed by visits to your legislators, the Governor’s Office,

and the Department of Health

Speakers include:

Mayer Eisenstein, MD, JD, MPH

Sue Fields, RN

Ralph Fucetola, JD

John Gilmore

Louise Kuo Habakus, MA, HHP

Gary Null, PhD

Alan Phillips, JD

Heather Walker

New York State has issued an illegal order forcing all healthcare workers in the state to get seasonal flu shots by November 30 or face termination. The State has already announced that the experimental H1N1 shot will be next.

And please support the Autism Action Network lawsuit to stop the illegal forced vaccinations. We have approached several of the large unions whose members are directly affected by the state order. None have stepped up to the plate to file the lawsuits necessary to protect the rights and health of their members, so Autism Action Network will, but we need your help.

Donations made to the Autism Network from today through November 30, 2009, the day when all health workers must comply, will be used to fight the illegal order in New York. But we can’t do this without your help. Every state health department in the United States is carefully watching what happens in New York. If they get away with is here, your state will be next.

Please Click on the Donation link and make a contribution so we can file the lawsuits needed

http://www.autismactioncoalition.org/donate.html

New Yorkers Act Now: State Orders Forced Seasonal Flu Shots, H1N1 Next
In an unprecedented power grab, New York State has ordered all healthcare workers to get the seasonal flu shot by November 30 or face termination. The State justifies this seizure of rights by making the bogus claim that there is a seasonal flu emergency in New York. And, unlike all other vaccine mandates under New York law, no exemptions will be allowed for religious reasons.

What You Can Do:

Email, Click on this link to send email messages to your State Senator, your Assemblymember, Commissioner of Health Richard Daines, and his boss, Governor David Paterson, and demand that this illegal action stop immediately.

http://www.capwiz.com/a-champ/issues/alert/?alertid=14049481&type=ML

Call Governor Paterson and Commissioner Daines and demand that they cancel this illegal trampling of rights.

Governor David Paterson, (518) 474-8390

Commissioner Richard Daines, (518) 474-2011

Rally, A coalition of groups and individuals are organizing a rally for vaccine rights in Albany, Tuesday, September 29, 10 am, in the East Capitol Park. Visits to your legislators, the Governor and Commissioner Daines to follow. More details will follow as they develop.

We are told by Albany insiders that if this move is successful in New York it will be tried in other states. Today it is the healthcare workers, tomorrow it could be you and your children.

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From SafeMinds.org...

Overview of SafeMinds Swine Flu Concerns

In light of the many unknowns concerning the possible Swine Flu Pandemic, SafeMinds is providing the following updates for informational purposes and to raise awareness regarding possible vaccine safety issues, policy decisions and facts regarding the production and possible use of the novel H1N1 vaccine currently being developed.

Our primary goal in raising these concerns it is to promote the production of the safest vaccine possible as our nation develops its strategy with regard to a possible pandemic. Given past safety failures and vaccine injuries resulting from the 1976 Swine Flu Immunization Program, we believe that lessons from those failures, as documented by Institute of Medicine President Harvey Fineberg, MD, PhD, as well as the draft recommendations made by the National Vaccine Advisory Committee, H1N1 Vaccine Safety Subgroup, must be integrated into the current effort to improve protection for all individuals. Life is precious and safety a priority in assuring the health of every man, woman and child. Additional information on Swine Flu is also available from our friends at National Vaccine Information Center. Please visit often for updates and subscribe to our newsletter for current information.

August 9th Update - CDC Sponsored Public Meeting on Swine Flu Leaves Questions Unanswered

The first in a series of public engagement meetings on the Swine Flu Vaccine Program sponsored by the Centers for Disease Control (CDC) took place in Denver, Colorado and Lincoln Nebraska on took place August 8th. SafeMinds President, Theresa Wrangham attended the Denver meeting and raised concerns with regard to vaccine safety, the use of thimerosal in this vaccine and the possible introduction of currently unlicensed adjuvants.

Dr. Roger Bernier and Capt. Raymond Strikas of the CDC were present during the Denver meeting, which opened with Dr. Bernier stating that we “can’t pick the right answer based on science and data”. Questions SafeMinds had for this meeting were a result of July meetings held by the FDA Vaccine and Related Biologic Products Advisory Committee (VRBPAC) and the Advisory Committee on Immunization Practices (ACIP) and roughly half of those attending had many of the same questions.

Acknowledgments made and questions answered at the meeting were that there would not be enough vaccine for everyone until February 2010, two doses of vaccine administered 21 days apart is needed for protection, “ample” thimerosal-free vaccine would be available; thimerosal content for thimerosal-containing swine flu vaccine would be the same as the seasonal flu vaccine (25 mcg/dose); the swine flu vaccine program would be voluntary unless state/local jurisdictions otherwise stated mandatory requirements; over a million military personnel would be used for clinical trials and some of that data would be available in mid-September; squalene adjuvants could only be used under Emergency Use Authorization; the federal government would provide the vaccine free of charge and any charge for vaccine would be associated with administration of the vaccine, and enhancements to existing mechanisms and infrastructure to track adverse events is underway.

The top two concerns of attendees at Denver’s meeting were safety and choice/informed consent. Also apparent was that the public expected accurate information on which to base their choice and choice was a primary concern held by individuals regardless of vaccine beliefs. These themes strongly suggest that the rise in distrust and desire for choice, safety and transparency are values held by the general public and are similar to concerns expressed to the National Vaccine Advisory Committee during their public engagement process in connection with the review of the CDC's Immunization Safety Office Draft Research Agenda. There were also many criticisms of the government’s actions in shielding vaccine makers from liability claims, with one attendee stating that the “CDC and pharmaceutical companies must have some skin in the game” to gain the public’s trust and be accountable for liabilities and injuries resulting from vaccines.

Questions that remain, or clarifications that are needed, continue and below is a brief list. We hope that our community will turn out at the public engagement sessions yet to transpire and continue asking them.

In Denver Capt. Strikas stated that squalene adjuvants could only be used under Emergency Use Authorization. What studies are currently being conducted for the swine flu vaccine antigen to be used with squalene and thimerosal that demonstrate safety and efficacy and what are the gaps and limitations of this data?

We keep hearing reassurance that the safety of H1N1 swine flu vaccine is assumed because it will be formulated in the same manner as seasonal flu vaccine. Yet the NVAC H1N1 subgroup draft recommendation specifically states, “The need to actively monitor vaccine recipients for vaccine adverse events is critical given that the vaccine candidates will all contain a new antigen and may be combined with adjuvants that are not part of licensed vaccines in the US.” Please explain the inconsistency between what the public is being told about safety vs. the concern cited by this HHS scientific advisory panel?

How will warnings on possible side effects be identified to the public, and injuries compensated, with no safety data available prior to vaccination?

During the Denver public engagement session Capt. Strikas stated that he believed that separate administration of the swine flu vaccine was not necessary, but that ACIP had not ruled on administration of this vaccine separately or simultaneously with other vaccines. The National Vaccine Advisory Committee (NVAC) has already cited a lack of safety data on simultaneous administration of multiple vaccines for existing vaccines and ACIP does not meet again until October – how will administration of the swine flu vaccine in this sense be decided with roll-out to begin in October?

In response to vaccine safety infrastructure deficits cited by NVAC H1N1 Subgroup, Capt. Strikas also stated in Denver that additional HMO databases and other measures were being added to existing monitoring and tracking infrastructure. What other enhancements are underway and where is this information available to the public?
Capt. Strikas stated he could not answer how long-term health outcomes would be tracked given that monitoring of adverse events will only be for 6 months and focus immune response. How will this be accomplished and where is that information available to the public?

Will preference be stated for thimerosal-free vaccine for special populations such as pregnant women, young children and premies, given that the thimerosal-containing vaccine will exceed IOM recognized EPA safety standards on mercury exposure from vaccines?

Per the NVAC H1N1 Subgroup recommendations, will a transparent and independent panel of outside experts with no stake in vaccines be assembled to review accumulated data, assess risks and advise on implications of possible side effects of this vaccine?

twenty questions for Pat Dealy...(first one-- why Dealy backing out of 10/7 debate?)...

Hi all...


I'll be keeping the commitment I made to you all back in early August-- and be in front of Rhinebeck Town Hall Wednesday October 7th at 7:30 pm at 80 East Market Street ready to answer questions from you all-- in spite of my Republican/Conservative opponent Pat Dealy failing to keep commitment Dealy made Aug. 4th to debate me at Town Hall Oct. 7th...(recall Freeman article Sunday re: 10/7debate!)...


[note-- none of this email has anything to do w/John Wirth or Jeff Romano; both great with debate last Weds.]


Incredibly, after Dealy had made commitment (in Aug. 4th email below) to me to debate Oct. 7th, Monday night Dealy actually called me directly to back out and renege on commitment Dealy made on this...


See email exchange (scroll down a bit) from Aug. 4th below between Dealy and myself--Dealy literally took a month to respond to me after I immediately agreed the same day I was asked (Aug. 4th) to Dealy's challenge for debates Sept. 23rd, Oct. 7th, and Oct. 21st...


Dealy failed to make arrangements to save Rhinebeck Town Hall for Oct. 7th; now a Zoning Board meeting is scheduled upstairs in the main room at Rhinebeck Town Hall, and a Collaboration Committee meeting is scheduled for downstairs at the Town Hall the same night...


So again-- I myself will be standing in front of Rhinebeck Town Hall Oct. 7th at 7:30pm willing to answer questions from my constituents and waiting to ask Mr. Dealy the 20 questions below and run on my record-- 40 things I've accomplished since'03 (see: http://dutchessdemocracy.blogspot.com/2009/08/dutchess-progressive-help-make-it.html ):


[please feel free to ask Mr. Dealy these twenty questions yourself, folks!....(and pass 'em along to all u know)]


1. Why did Dealy call me Sept. 28th telling me he didn't want debate me Oct. 7th at Rhinebeck Town Hall?


2. Why did Dealy call me a "two-bit cheapskate" Sept. 28th during call backing away from Oct. 7th debate?


3. Why 6 days after my challenge is Dealy still not agreeing to debate with questions being unknown?


4. Why did Dealy take 30 days to respond to me after I agreed Aug. 4 yes to debates 10/7, 10/21, 9/23?


5. Why did Dealy tell me to my face Sept. 5th to "get a job"-- when I've been teaching students since '87?


6. Why did Dealy at 9/23 debate say water contamination is only "just a couple hotspots south of us"?
[fact: Albany Times-Union has repeatedly found groundwater contamination in every town in the county:
see http://www.RealMajorityProject.blogspot.com http://www.ToxicsTargeting.com ]


7. Why did Dealy at 9/23 debate oppose well-testing law favored by Ed Haas, Marge Horton, Pok. Journal?
[see: http://www.petitiononline.com/cleanh20 -- Poughkeepsie Journal has repeatedly editorialized for this]


8. Why did Dealy at 9/23 debate lie-- saying my Green Ribbon report calls for shutting down the DCRRA?
[see: http://dutchessdemocracy.blogspot.com/2009/09/dealy-lies-3x-in-debate-fact-is-green.html ]


9. Why did Dealy at 9/23 debate lie-- saying my Green Ribbon report calls for two new landfills in county?
[see: http://dutchessdemocracy.blogspot.com/2009/09/dealy-lies-3x-in-debate-fact-is-green.html ]


10. Why does Dealy attack me on waste at DCRRA when I've led the investigation for accountability there?
[see: http://dutchessdemocracy.blogspot.com/2009/09/dealy-lies-3x-in-debate-fact-is-green.html ]


11. Why is Dealy for raising LOOP bus fares on seniors and disabled-- with $800,000-plus LOOP surplus?
http://www.alany.org/atf/cf/%7B3ADABC12-D6E0-407C-9464-9209C6DB0D0E%7D/ART-7-16-09%20Poughkeepsie%20Journal.pdf


12. Why does Dealy blame me for county tax hike-- when Dems cut County Exec budget by $5 million?


13. Why does Dealy blame me for county tax hike-- when G.O.P. County Exec's vetoes added $6 million?


14. Why does Dealy disagree with Lucille Pattison & Poughkeepsie Journal re: campaign finance reform?
[see: http://dutchessdemocracy.blogspot.com/2009/08/re-pay-to-play-in-dutchess-county-brand.html ]


15. Why does Dealy ignore savings possible for taxpayers w/PLA's; proven by Pagones and 9-11 center?
[see: http://dutchessdemocracy.blogspot.com/2009/09/facts-re-plas-electrician-licensing.html ]


16. Why does Dealy disagree with Daily Freeman and United Way on need for cost-saving bail loan fund?
[see http://www.OARTompkins.com -- there are now literally 55 in our county jail with bail of $2000 or less]


17. Why does Dealy reject $1,000,000 in savings annually if some accused of nonviolent misdemeanors?
[see: http://dutchessdemocracy.blogspot.com/2009/09/dealys-pathetic-attacks-rebutted-below.html ]


18. Why has Dealy attacked my creating Independent Dutchess Energy Alliance-- when Roger Akeley for?
[see: http://www.CambridgeEnergyAlliance.org -- on track to save $160 million on electric bills in ten years]


19. Why does Dealy ignore how Independent Dutchess Energy Alliance could save $1 billion in 10 years?
[see: http://www.LIGreenHomes.com -- Town of Babylon, L.I. makes loans for energy-efficiency and solar]


20. Why is Dealy against 0.75% real-estate transfer tax saving farms/open space when Robbie Long for it?"
[click on my petition-- http://www.PetitionOnline.com/SaveLand -- Robbie Long is signature/comment 70]


Pass it on...


Joel
242-3571/876-2488
324 Browns Pond Road
Staatsburg, NY 12580


[again-- your 250-word letters needed now to letterstoeditor@poughkeepsiejournal.com, folks!!!]


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Here below is the letter Pat Dealy sent to me Aug. 4th (I answered same day with response below):


[again-- question still is: why did Dealy literally take 30 days to answer my email a bit below?]


From: Pat Dealy


Subject: Re: District 11


Date: Aug 4, 2009


Hello Joel;

My name is Pat Dealy and I am seeking to represent the people of Clinton and Rhinebeck in the County Legislature on November 3rd.

I bet you share my enthusiasm for giving the voters a chance to see us discuss our qualifications, ideas, and records in person.

Please accept my invitation to appear at two "town-hall" style forums (September 23rd at the Clinton Town Hall and October 7th at the Rhinebeck Town Hall). On September 23rd, let's discuss property taxes and the County Budget and on October 7th, we should cover other issues of specific interest to the people of Clinton and Rhinebeck like the LOOP service, Dutchess Community College, and the RRA. Both meetings should encourage a free-flowing dialogue with voters.

On October 21st, we should have a debate at the high school along the lines of your debate with Ray Oberly in 2007. I thought, as a voter, that is was an effective venue.

I invite you to work with me to establish some ground rules and to identify and recruit fair and effective moderators.

I look forward to working with you.

Sincerely,


Pat Dealy


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Here below is response I sent back to Dealy within an hour of my receiving Dealy's letter above:


[my responses to Dealy are indented; Dealy's text from his original letter to me is not indented]


From: Joel Tyner


To: Pat Dealy


Subject: Re: District 11

Date: Aug 4, 2009 2:10 PM

Hi Pat!...

Hello Joel;

My name is Pat Dealy and I am seeking to represent the people of Clinton and Rhinebeck in the County Legislature on November 3rd.

I hear!...may the best man win...

I bet you share my enthusiasm for giving the voters a chance to see us discuss our qualifications, ideas, and records in person.

Amen...

Please accept my invitation to appear at two "town-hall" style forums (September 23rd at the Clinton Town Hall and October 7th at the Rhinebeck Town Hall). On September 23rd, let's discuss property taxes and the County Budget and on October 7th, we should cover other issues of specific interest to the people of Clinton and Rhinebeck like the LOOP service, Dutchess Community College, and the RRA. Both meetings should encourage a free-flowing dialogue with voters.

On October 21st, we should have a debate at the high school along the lines of your debate with Ray Oberly in 2007. I thought, as a voter, that is was an effective venue.

I invite you to work with me to establish some ground rules and to identify and recruit fair and effective moderators.

I'm ok for all three of those!...

[...and hopefully Clinton United or the Clinton Business Association or some other organization will sponsor the traditional Friday-in-October candidates night for Clinton Town Board candidates and county legislator candidates as well...]

I look forward to working with you.

Sounds good...

Hm...ground rules...how about two-minute openers, two-minute closers, 1-minute rebuttals allowed to other's answers to questions, flip of coin to see who goes first?...

[or...three-minute openers, two-minute closers?...your thoughts?]

As for moderators...hm...can we possibly get folks from Mid-Hudson League of Women Voters?...(see http://midhudson.ny.lwvnet.org/ ; I've found them to be pretty fair in the past)...

Joel
489-5479

Sincerely,


Pat Dealy

Dealy's wrong; fact is groundwater contamination is all over the county...

Hi all...

Go to Google and search "Albany Times Union Hidden Poison": now...(and fwd along to all you know)...

Fact: The Albany Times-Union has reported on how every town in the county has contaminated water.

[searchable database: http://www.timesunion.com/TUNews/SpecialReports/HiddenPoison/index.aspx !]

Pat Dealy and I debated last Wednesday at Clinton Town Hall; incredibly, Dealy actually stated publicly regarding his thoughts about groundwater contamination in the county that, "I think there's a few hotspots south of us."[!] [Even Cablevision's Terence Michos Monday morning during our debate questioned how Dealy could say this.]

So-- yesterday I held a press conference at noon (with a large, professionally made red, white, and blue "Stop MTBE Cover-Up" sign) in front of our County Office Building at 22 Market Street in Poughkeepsie-- to hold my Republican/Conservative opponent Pat Dealy accountable for the dangerous misinformation he continues to spread about our groundwater; Monday during debate w/Dealy on Cablevision I challenged Dealy to join me for this yesterday (note: Dealy also failed to show up last Thursday when I challenged him re: DCRRA: why?)...

The press conference also holds accountable our County Executive and our county's Health Commissioner for their statements over the last decade on how supposedly groundwater contamination in Dutchess is apparently (to them) limited to "narrow", "limited", "local", "isolated" areas-- wrong(!).

[as the Environmental Committee Chair for our County Legislature you'd think local media might be interested in exposing the truth on this-- but they weren't, aren't]

[Note: This is besides the fact that Dealy last Weds. and Monday morning as well made clear that he does not agree with former Rhinebeck G.O.P. Co. Leg. Ed Haas, G.O.P. Co. Leg. Marge Horton, G.O.P. East Fishkill Town Supervisor John Hickman, G.O.P. Fishkill Town Supervisor Joan Pagones, and many Pok. Journal editorials for a bipartisan law for well-testing for VOC's when properties change hands.
(click on "current signatures" for comments from 50+ at my http://www.petitiononline.com/cleanh20 )]

Fact: There are 400+ spills that have not yet been cleaned up to the DEC's own standards in Dutchess.
[statement from Walter Hang of Toxics Targeting.com this year-- confirmed and verified by local DEC; see my FOIA'd info: http://www.RealMajorityProject.blogspot.com ; http://www.ToxicsTargeting.com ]

Fact: Even the Dutchess County Health Department itself has found serious MTBE contamination in our groundwater here in northern Dutchess County-- not just "a few hotspots south of us", as Dealy claims.

Fact: The Dutchess County Health Department found MTBE contamination at 55 parts per billion in June 2004 at the Getty gas station at corner of Rt. 9 and Rt. 9G-- six months after MTBE was banned.

Fact: Groundwater contamination from MTBE here in Clinton on Ruskey Lane and Fiddlers Bridge Road has been an ongoing issue off and on for several years at Clinton Town Board meetings(!).

Fact: Six out of 36 private wells tested a few years ago here in Clinton were found to be contaminated(!).

Fact: A Feb. 22nd 2007 article in the Weekly Beat reported that, "An inquiry with the DOH [Dutchess County Department of Health] turned up records of MTBE contamination in untreated public water supplies in the towns of Beekman, East Fishkill, La Grange, Pleasant Valley, Stanford, Wappinger, and Washington during 2006. Hyde Park and Amenia have also appeared on lists of water supplies contaminated since 2000." (from "False Sense of Security: MTBE is Focus of Contamination Concerns").

Pass it on...

Joel
242-3571/876-2488
joeltyner@earthlink.net

[Again-- YOUR 250-word letter to editor needed, folks!...to letterstoeditor@poughkeepsiejournal.com!]

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From http://www.timesunion.com/TUNews/SpecialReports/HiddenPoison/index.aspx ...

[Albany Times-Union's "Hidden Poison" online searchable database]

TOXIC SPILLS DATABASE: The Toxic Spills Database contains original, unedited records from the state Department of Environmental Conservation. To search the database, select the county and types of spilled material, then click "submit."
County: Dutchess
Spilled Material Types: MTBE; Petroleum; Oxygenates; Hazardous Materials

SPILL DATABASE: The Spill Database contains original, unedited records from the state Department of Environmental Conservation. Misspellings and other errors are as they appear on the state records. Information is updated regularly by the state, so please consult the Department of Environmental Conservation for the latest information on any particular spill.

RHINEBECK (204)
RHINECLIFF (19)
CLINTON (20)
CLINTON (STAATSBURG) (1)
CLINTON CORNERS (27)
CLINTON CORNERS 12514 (1)
CLINTON HOLLOW (1)
CLINTON/HYDE PARK (1)

AMENIA (78)
ANCRAM (1)
ANCRAMDALE (1)
ANNADALE (5)
ANNADALE ON HUDSON (5)
ARLINGTON (3)
ARTHURSBURGH (1)
BARRYTOWN (6)
BEACON (192)
BEEKMAN (59)
BEEKMAN,TOWN OF (1)
BEEKMAN/POUGHQUAG (1)
BILLINGS (15)
CASTLE POINT (6)
CASTLE PT. (1)
CHELSEA (9)
DOVER (24)
DOVER (WINGDALE) (2)
DOVER PLAINS (84)
DOVER PLAINS LOT 177 (1)
DOVER PLAINS, WINGDALE (1)
E. FISHKILL (20)
EAST FISHKILL (178)
EAST PARK (1)
ELIZAVILLE (1)
FAIRVIEW (2)
FISHKILL (330)
FISHKILL NY (2)
FISHKILL PLAINS (3)
FREEDOM PLAINS (1)
GLENHAM (395)
GLENHAM 12527 (1)
GLENHAM/FISHKILL (1)
HOLMES (18)
HOLMES 12531 (1)
HOPE WELL JUNCTION (1)
HOPEWELL (12)
HOPEWELL JCT (13)
HOPEWELL JUNC (51)
HOPEWELL JUNC. (2)
HOPEWELL JUNCT (1)
HOPEWELL JUNCTION (219)
HUGHSONVILLE (3)
HYDE PARK (296)
HYDE PARK STAATSBURG (1)
HYDE PARK, NY 12538 (1)
LA GRANGE (120)
LA GRANGEVILLE (7)
LAFAYETTEVILLE (2)
LAGRANDGEVILLE (1)
LAGRANGEVILLE (64)
LAGRANGEVILLE, NY 12540 (2)
MABBETTSVILLE (1)
MILAN (23)
MILLBROOK (96)
MILLBROOK, NY 12545 (1)
MILLERTON (56)
NEW HACKENSACK (1)
NEW HAMBURG (20)
NORTH HAMBURG (1)
NORTHEAST (14)
PAWLING (151)
PINE PLAINS (39)
PINE PLAINS, NY 12567 (1)
PLEASANT VALLEY (175)
POUGHKEEPSIE, CITY OF (2)
POUGHKEEPSIE, LAGRANGE (1)
POUGHKEEPSIE/RHINECLIFF (1)
POUGHKEEPSIE (30)
POUGHQUAG (42)
RED HOOK (146)
RED HOOK/MILAN (1)
RED OAKS MILL (2)
RED HOOK (24)
ROCK CITY (1)
ROOSEVELT (1)
RT 52 BEACON (1)
RT9 HYDE PARK (1)
SALT POINT (20)
SALT POINT/PLEASANT VALLEY (1)
SOUTH RED HOOK (1)
STAATSBURG (46)
STAATSBURG 12580 (1)
STANFORD (17)
STANFORDVILLE (36)
STORMVILLE (57)
TIVOLI (33)
TOWN OF CLINTON (1)
TOWN OF PAWLING (1)
TOWN OF WAPPINGERS (1)
TOWN OF WASHINGTON (4)
UNION VALE (12)
UNIONDALE (2)
UNIONDALE, VERBANK (1)
UNIONVILLE (2)
VERBANK (26)
VILLAGE OF WAPPINGERS (1)
WAPPINGER (21)
WAPPINGER (T) (1)
WAPPINGER FALLS (58)
WAPPINGERS (66)
WAPPINGERS CREEK (1)
WAPPINGERS FALLS (243)
WASHINGTON (13)
WASHINGTON (MILLBROOK) (1)
WASSAIC (34)
WEBUTUCK (2)
WHALEY LAKE (1)
WICCOPEE (1)
WINGDALE (86)
WINGDALE (HANDLER VILLAGE) (1)
WINGDALE - DOVER 1 (1)
WINGDALE / PAWLING (1)
WINGDALE 12594 (1)
WINGDALE/TN DOVER (1)

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"Arguing that MTBE does not cause cancer is like saying that cigarettes don't cause cancer. There is absolutely no question that MTBE causes cancer."
-- Dr. Myron A. Mehlman, Ph.D. (former head toxicologist for Mobil Oil Corp. and current Mount Sinai School of Medicine faculty member)
["Ex-Mobil Man: MTBE Causes Cancer" [7/30/00 Exeter News-letter]
http://www.seacoastonline.com/2000news/exeter/e7_30d.htm ]

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Even Dutchess County Department of Health (DCDOH) Environmental Director Steve Capowski and Dutchess County Water and Wastewater Authority Director Thomas LeGrand themselves have made public statements about how highly water-soluble MTBE is-- and how quickly it moves through the ground to contaminate drinking water.

Note as well-- the rule of thumb, generally, has been a measurement of a minimum of 5 ppb MTBE for a filter from NYS Department of Environmental Conservation in contaminated neighborhoods like Greenbush in Hyde Park; the listbelow only reflects DCDOH well measurements over 10 parts per billion (ppb)...

Finally, it should also be noted that I'm fairly convinced that all of the businesses below where DCDOH has found MTBE contamination have been giving their customers clean drinking water-- bottled or otherwise; his primary concern is that with MTBE, more often than not, "when there's smoke there's fire"--my concern is for residences and other establishments nearby in those neighborhoods-- especially given public statements made just this year by Capowski and LeGrand on how quickly MTBE travels underground.

This below is information I FOIA'd from DCDOH on MTBE contamination found throughout the county this year-- long after MTBE was banned from being put into our gasoline on January 1, 2004:

Beekman:

Clove Valley Deli & Cafe 1/25/06 57 ppb MTBE contamination

East Fishkill:

Archway Plaza 3/27/06 330ppb MTBE contamination
Blue Hill Mind & Body 4/6/06 409 ppb MTBE contamination
Brettview Acres Water Company 9/26/05 12 ppb MTBE contamination
Gulf & Snack Shop 4/18/06 450 ppb MTBE contamination

Fishkill

Potluck 2/3/06 40 ppb MTBE contamination

Hyde Park

Darrows Mobile Park 4/26/06 26 ppb MTBE contamination

LaGrange

Cinnamon Tree Day Care Center 1/17/06 16 ppb MTBE contamination

Pleasant Valley

Gasland Pleasant Valley 3/14/06 39 ppb MTBE contamination
Pleasant Valley Chestnut Mart 4/21/06 40 ppb MTBE contamination
Rudy's Market II 7/26/05 20 ppb MTBE contamination

Rhinebeck

F & D Mart, Inc. 12/13/05 24 ppb MTBE contamination

Stanford

Cobble Pond Farms 3/21/06 14 ppb MTBE contamination

Wappinger

7-11 Convenient Food Store 3/7/06 47 ppb MTBE contamination
Associated Aircraft Group 1/20/05 28 ppb MTBE contamination
Creek Side Plaza 3/15/06 170 ppb MTBE contamination
New Hackensack Plaza 10/11/05 29 ppb MTBE contamination
Rt. 376 Gulf 3/28/06 270 ppb MTBE contamination

Washington

Mabbettsville Convenience Store 3/21/05 66 ppb MTBE contamination
Mabbettsville Dairy Cream 6/2/05 21 ppb MTBE contamination

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Recall this list of more than three dozen different stores, restaurants, and other entities across Dutchess County who have had wells that tested at over the level of 10 parts per billion MTBE at some point over the last several years, according to Steve Capowski, Director of Environmental Health for the Dutchess County Health Department (the same source for the information above):

Rhinebeck:

Getty Rt. 9/9G-- 6/04...55 ppbF & D Mart Inc.-- 9/02...200 ppb

Amenia:

Wassaic TDDSO-- 8/01...11 ppb

Beekman:

Beekman Square Diner-- 12/02...24 ppb
Clove Valley Deli & Cafe-- 12/02....180 ppb
Sunoco Food Market-- 7/01...16 ppb

East Fishkill:

Archway Plaza-- 5/03...490 ppb
East Fishkill Realty, LLC-- 8/03...37 ppb
Gulf & Snack Shop--1/02...5600 ppb
Jake's Tex Mex 6/03...627 ppb

Fishkill:

Convenient Deli Mart-- 10/03...307 ppb
Potluck-- 7/03...73 ppb

Hyde Park:

Citgo Food Mart-- 7/02...55 ppb
Country Plaza DC-- 11/01...12 ppb
Crum Elbow Apartments-- 3/04...39 ppb
Darrows Mobile Park-- 4/04...59 ppb
Dutchess Co. Auto/Consumer-- 12/01...20 ppb
Georgie O's Restaurant-- 12/03...15 ppb
Hidden Brook Estates-- 6/03...54 ppb
Hidden Plaza (Bell Copier)-- 12/03...24 ppb
St. Peter's School-- 2/02...18 ppb
TNT Furniture Strippers-- 7/03...30 ppb
Touch of Naples-- 5/04...12 ppb

LaGrange:

Cinnamon Tree Day Care Center-- 7/01...58 ppb
Merchants Associates-- 2/03...130 ppb
Page Industrial Park-- 5/01...21 ppb
Rt. 55 Mart, Inc.-- 6/04...110 ppb

Pleasant Valley:

Ennis Parc-- 8/04...14 ppb
Family Circle Plaza-- 10/02...20 ppb
Four Brothers Pizza-- 9/02...10 ppb
Gasland Pleasant Valley-- 2/04...36 ppb
Pleasant Valley Chestnut Mart-- 6/04...130 ppb
Rudy's Market II-- 5/03...56 ppb

Stanford:

Cobble Pond Farms-- 2/02...584 ppb

Wappinger:

7-11 Convenient Food Store-- 5/01...35 ppb
Creek Side Plaza-- 12/02...1600 ppb
Dutchess Medical Arts Building-- 7/04...23 ppb
New Hackensack Plaza-- 3/04...31 ppb
Rt. 376 Gulf-- 3/04...690 ppb
Stoetzel Mobile Home Park-- 7/01...23 ppb

Washington:

Mabbettsville Convenience Store-- 3/04...160 ppb
Mabbettsville Dairy Cream-- 6/04...27 ppb
Tuxis Real Estate LLC-- 4/04...200 ppb

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Hyde Park native Walter Hang, now President and CEO of ToxicsTargeting.com, a nationally recognized expert on groundwater contamination, has stated over and over again annually for the last eight years that MTBE/other contamination is not really and truly/fully being cleaned up or remediated in NY and that current air sparging/stripping technology is largely ineffective. Indeed, a Poughkeepsie Journal front-page article by Erika Rosenberg February 2003 stated that, "Less than 12 percent of MTBE spills cleaned to the state's own standards...A total of 2,286 MTBE spills have been reported to the state since 1985 and 262 have been cleaned to the standards, according to Toxics Targeting." Important-- "Since MTBE has been found to be highly soluble in water (up to 20 times more soluble than other gasoline constituents), the contamination spreads quickly throughout the aquifer and is difficult to remediate. Additionally, MTBE has the ability to travel far from the sites where it is first released and can dissolve in water, volatilize, and then redissolve in rain droplets." (from the Citizens Campaign for the Environment's Executive Director Sarah Meyland)
[see: http://www.CitizensCampaign.org/comments/mtbecomments.htm ]

The Poughkeepsie Journal reported September 14, 2003 that, "There have been 60 spills involving the gasoline additive MTBE in Dutchess documented by the Department of Environmental Conservation, according to the Ithaca-based environmental company Toxics Targeting. Of those, only 15 have been 'closed' by the DEC, leaving 45 that have not been cleaned up to state standards." Sen. Chuck Schumer released a statement in October 2003 that "there are 36 MTBE spills to clean up in Dutchess County, at an average cost of $500,000 per spill, or a combined total of $18 million."

Actually, the fact is that our own county's Department of Health, contrary to dangerously false and misleading public statements they and the County Executive have made for years, have found serious groundwater contamination (from MTBE, etc.) over and over again, even years after MTBE was banned from being put in our gasoline in Jan. 2004.

Again-- repeated FOIA requests have revealed our county's Health Department has found MTBE in places like Stanford, Washington, Pleasant Valley, and LaGrange (along with other communities across Dutchess) in 2005/2006-- long after it was banned in January 2004, and a FOIA request of the DEC eight years ago revealed that literally 66 different gas stations across our county had MTBE spills that hadn't even been cleaned up to the DEC's own standards.

The front page of the Hyde Park Townsman in November 2000 reported that the DEC and EPA knew for many years about several gas stations contaminating groundwater in the Greenbush section of Hyde Park without notifying people in that neighborhood whose groundwater was jeopardized from this. Recall-- Millbrook's Dr. William Augerson (of our county's Board of Health) testified at a January 16, 2007 public hearing re: well-testing legislation at Farm and Home Center in Millbrook the following: "The [Dutchess County] Board [of Health] was also surprised to learn that there is no process in place, where when a public well is found to be contaminated, that owners of adjacent private wells are warned of the water contamination. The Board naively assumed public health officials would feel a duty to warn the public about an identified hazard."

Finally, these eleven sentences from an Albany Times-Union article April 10th 2006 hit the nail on the head on how serious this issue is (from "No Easy Fix for $25B Problem" by Matt Pacenza): "Greenbush resident Colleen Berrian is convinced MTBE made her neighbors sick. Without prompting, she runs through a list: `A lady a few houses down died of bone cancer. A 17-year-old boy died of a brain tumor. A 4-year-old had a tumor. Another couple on Greenbush Drive both died of cancer. Many pets in the neighborhood have died of cancers. Another boy had leukemia. Up on Bircher Avenue, across 9G, there were a lot of cancers up there. I know a gal who grew up there who said that several people in her family all had brain cancers.' No health study has been done in Greenbush."
[see: http://www.TimesUnion.com/AspStories/story.asp?storyID=469397 ]

Wednesday, September 23, 2009

facts re: PLA's, electrician licensing, bail loan fund-- pass 'em on!...

Hi all...

Below-- facts on cost-savers-- electrician licensing law, Project Labor Agreement, bail loan fund, read, fwd widely folks!...

[scroll down just a bit to see all you ever wanted to know about these three common-sense cost-savers attacked by PD]

Not tryin' to brag-- but click on this link for literally 40 different things I've accomplished in Co. Leg. since '03; all here-- http://dutchessdemocracy.blogspot.com/2009/08/dutchess-progressive-help-make-it.html ...

[unfortunately my opponent has already stooped to new lows-- throwing everything but kitchen sink; recall: http://dutchessdemocracy.blogspot.com/2009/09/dealys-pathetic-attacks-rebutted-below.html ]

Letters needed NOW, folks!...250 words to letterstoeditor@poughkeepsiejournal.com, letters@freemanonline.com...

Pass it on...

Joel
242-3571/876-2488
joeltyner@earthlink.net

[again-- send whatever you can to "Keep Joel" at 324 Browns Pond Road Staatsburg, NY 12580, folks]

p.s. Care about open space? Join 70 others signed on to my http://www.PetitionOnline.com/SaveLand !

[click on "view current signatures" to see endorsement for this from Robbie Long!...(signature 70)...for my idea of referendum for increased funding for farmland and open space protection to protect our area's beauty and hold the line on property taxes skyrocketing from sprawl-- with the money to come from a countywide .75% real estate transfer tax surcharge on sales of properties over $500,000!]

The concept of a local real estate transfer tax a valuable tool for communities to consider to protect farmland and open space from development has been endorsed by the following members of the statewide Community Preservation Act Coalition: Scenic Hudson, Dutchess Land Conservancy, New York Farm Bureau, American Farmland Trust, New York League of Conservation Voters, Hudson River Sloop Clearwater, Environmental Advocates of New York, Adirondack Council, Adirondack Mountain Club, The Nature Conservancy, The Trust for Public Land, Preservation League of NYS, Land Trust Alliance, Natural Resources Defense Council, Audubon New York, Environmental Defense, Citizens Campaign for the Environment, New York State Association of Towns, and dozens of other organizations across New York (see www.SaveNYS.org ).

A recent study conducted in Red Hook by that town's Open Space and Agricultural Committee Chair Robert McKeon found that ultimately it's actually twenty times cheaper to invest with a bit of funding up front to protect farmland and open space from development than it is to do nothing and watch local property taxes skyrocket further from residential sprawl out of control (justifiably, McKeon repeated this number over and over again during his presentations at forums in Clinton organized by County Legislator Joel Tyner in the fall of 2005); more proof of this below.

Cost of Community Services studies have been done here in our county on Amenia, Beekman, Fishkill, North East, and Red Hook proving that investment in farmland/open space protection is much less expensive than allowing local communities to "build out" with residential sprawl (see
Farmlandinfo.org/documents/27757/FS_COCS_11-02.pdf).

Note-- this effort does not mean other worthwhile local efforts for bond referendums for farmland/open space protection similar to those recently passed in Red Hook and Beekman should not be pursued; as stated above, it's just a little something extra our county government can do to help on the most important issue our communities face.

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Balance of power, checks and balances important to have in our county government; folks-- real oversight necessary-- someone who researches, willing to speak truth to power (yours truly); if Dealy is elected, he has demonstrated he would be little more than a rubber stamp for the County Executive.

Fact: County Exec & County Health Commissioner have repeatedly lied covering up water poisoning.
[see: http://www.RealMajorityProject.blogspot.com ; http://www.ToxicsTargeting.com ; public records]

Fact: For the last twelve years I've documented through research of public records the millions of our county tax dollars involved annually in legalized kickbacks in our county government (links between county contracts and large donations)-- and pushed with former County Executive Lucille Pattison (and two Poughkeepsie Journal editorials) for campaign finance reform as in Rockland County (see http://wwww.petitiononline.com/cleangov ; over 50 signed on so far; join us!). It's time to do this.

[recall: County Exec is involved with millions of dollars of legalized kickbacks/contracts-- public records:
see: http://dutchessdemocracy.blogspot.com/2009/08/re-pay-to-play-in-dutchess-county-brand.html ]

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Why Is My Opponent Attacking Me for Being Poor-- When I Gave Up $53,000 Job for Co. Leg.?

Believe it or not-- my opponent actually attacked me in a recent letter to the editor in the Millbrook Independent for asking for money for car repairs last year. Yes, I sent an email out to my list last fall on this-- but it went far beyond this district (it actually went to about a thousand people in region; I would love to bike around county to get to work and meetings but cannot do this). And-- the fact is also that since last fall I was the first Democratic county legislator to actually co-sponsor legislation to cut his own pay (see http://www.petitiononline.com/cutlgpay )-- after I gave up a $53,000/year teaching job in 2005 to devote himself fully to being a county legislator (sorry-- not everyone owns 200 acres of property or wants to be a shark on Wall Street and destroy the foundations of our economy). My opponent should be ashamed for attacking me on this one; none of his opponents have ever sunk this low (and for that matter, many continue to wonder why Freeman, Gazette, Townsman ran article on this).

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Why Is My Opponent Supporting Raising LOOP Bus Fares-- With Million-Dollar LOOP Bus Surplus?

Note as well-- my opponent even attacked me in a recent letter to the editor in the Millbrook Independent for voting against a 50% hike in LOOP bus fares for seniors and the disabled and a 75% hike in LOOP bus fares for others who need to ride bus to get to work or college.

Fact: The LOOP bus system ended last year with an $809,000 surplus and ended 2007 with a $560,000 surplus, according to our County Comptroller Diane Jablonski-- while eleven routes were eliminated (including route 7 through Clinton)-- yet Dealy seems to support jacking up LOOP bus fares on our elderly, working class, and people with disabilities. (disgusting)
[recall my June 16 PoJo op-ed "Options To LOOP Fare Hikes" @ Amer. Lung Association of NY website
http://www.alany.org/atf/cf/%7B3ADABC12-D6E0-407C-9464-9209C6DB0D0E%7D/ART-7-16-09%20Poughkeepsie%20Journal.pdf ]

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Fact: Electrician Licensing Legislation Would Not Hurt Local Non-Union Experienced Contractors

Fact: Even Clinton's Richard Morse (who had been quoted repeatedly in Journal and Freeman as an opponent of this legislation) stood up and publicly stated at a Red Hook Town Hall forum last August 6th that with my amendments incorporated into the law that it was much clearer to him that contractors who can prove they've been doing quality electrical work are grandfathered into this fundamental consumer protection law.

Fact: Without licensing Dutchess is a magnet for dangerously unlicensed and unqualified electricians-- as Putnam, Orange, Rockland, Greene, and Westchester counties all license electricians locally, along with Massachusetts, Connecticut, New Jersey (and three-fourths of states across the U.S.).

Fact: In every single one of those counties revenue from the law has exceeded cost-- bringing in $.

Fact: 3.9% of all fires in New York are due to electrical wiring (besides another 8% due to overloading cords/outlets, and another 8% from electrical appliances) according to the NYS Office of Fire Prevention and Control-- and "nearly half (47%) of the residential building electrical fires where equipment was involved were caused by the building's wiring" according to the National Fire Data Center.
[see: http://www.dos.state.ny.us/fire/firewww.html ; https://www.usfa.dhs.gov/downloads/pdf/tfrs/v8i2.pdf ]

Fact: Unfortunately, there are far too many out there still doing electrical work leading to dangerously open splices, wires scotch-taped together; too many who don't understand current, amp interruptions, grounding, low-impedance fault current path, and the difference between bonding and wiring on swimming pools (too many still try to bring current back to panel board: wrong).

Fact: People here in our region have actually smelled their electrical wiring smoldering inside their walls just in time-- before their houses caught fire and burned down. The problem with electricity is that it's behind the walls-- it's hidden, like sheetrock; one loose connection can cause havoc, and problems can crop up in a week or in ten years; it's not like painting or siding, where mistakes can be readily seen. [see http://www.PetitionOnline.com/SafeWire -- and join 39 others on board; comments there too]

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Fact: Project Labor Agreements Save Money and Direct Tax Dollars to Hiring Local Workers

Fact: Even G.O.P. Fishkill Town Supervisor Joan Pagones talks about how her town saved literally $500,000 with Project Labor Agreement in '08 for Rombout Sewer District Wastewater Treatment Plant.
[ http://www.fishkill-ny.gov/pdfs/TownBoardMinutes/2008Minutes/03-19-2008%20TB%20Minutes.pdf ]

Also-- re: PLA's-- most important point you may not know about them is what Matt Stoddard of Ironworkers #417 shared at Sept. 14th Co. Leg. mtg.-- that his real competition is not open-shop/non-union contractors in Dutchess-- but the gargantuan open-shop contractors from out of state (esp. NJ)-- who often are all too ready to swoop down and poach jobs from local open-shop AND union general contractors.

[also-- fact is biggest opponents of PLA's have long been involved legalized kickbacks: public records:
see: http://dutchessdemocracy.blogspot.com/2009/08/re-pay-to-play-in-dutchess-county-brand.html ]

[must-read here: "Project Labor Agreements in NYS: In the Public Interest" Cornell University's F. Kotler:
http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1021&context=reports ; fwd this along!]

Again-- besides all the good info re: PLA's below from Pete Wassell and Co. Leg. Candidate Mike Salvia (scroll down just a bit to see it)-- perhaps the most important reason to support the PLA resolution below is the fact that there have been quite a few instances here in Dutchess County where public tax dollars have gone or are now going to general contractors who are hiring workers from far away from Dutchess County (I've seen paperwork documenting this-- the McGraw-Hill Dodge reports); fact is that a PLA is the only way a county can address this-- to ensure local hiring-- and keep $$$ local!...
[see bill: http://www.dutchessny.gov/CountyGov/Departments/Legislature/ResolutionsPDF/209241.pdf ]

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From Dover Co. Leg. Pete Wassell (pete.wassell@gmail.com)...

"Our County Executive and our county's Department of Public Works ignored a March 2007 due diligence report they themselves commissioned that showed a total PLA cost savings of $775,000 across two Dutchess County projects (Emergency Response Center & Highway Facility).

Fact: Only when a county contact is over the proposed $3.5 million threshold (only 1 of every 20 county construction projects), and only when a due diligence report can prove savings with a PLA, is a PLA then initiated.

Four nearby Republican County Execs and a local Republican Supervisor have gone on the record to promote the benefits of Project Labor Agreements. There Republican leaders are: Adrew Spano, County Exec, Westchester, C. Scott Vanderhoet, County Exec, Rockland, Robert Bondi, County Exec, Putnum, Edward Diana, County Exec, Orange, and Joan Pagones, Supervisor, Fishkill.

The purpose of this resolution is to set the threshold amount for when PLA's need to be considered on Dutchess County government projects. I asked Arace Consulting (provider of PLA guidance to municipalities) to determine the project size for when PLA's typically show a benefit (savings) to tax payers. Arace said that the PLA clip level should be set at a "$3M" minimum, I have used $3.5M in the resolution language to play it safe. Dutchess County would typically see a project of this magnitude approximately once every two years.

I also recommend the Fred Kotler (Cornell professor) video that I placed in every legislators mailbox at the COB - Fred dispels the myths about the use of PLA's:

"Project Labor Agreements in New York State: In the Public Interest"
http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1021&context=reports

PLA's were designed by the US Congress to produce the best work for public projects at the lowest cost to tax payers. PLA's increase productivity, set work rules, work times, holiday schedules, and wage rates, they provide a highly skilled supply of workers, they avoid work stoppages and leverage apprenticeship labor to reduce costs and build skills for the next generation of our local workforce. Most importantly, PLA's protect our borders - they are the only known legal way to guarantee local (Hudson Valley) worker employment. Otherwise, public project laborers can be brought in from out of state which deprive our residents of jobs and takes money out of our local economy.

Critics may contend that Dutchess County projects have not had any major problems so why use PLA's now?  Our mission as legislators is to be proactive on policy before problems arise - besides, PLA's by their very nature, often accelerate the completion of projects (ahead of schedule) due to their highly coordinated structure. Remember, PLA project's do not cost more than any other project since government contracts require us to pay prevailing wage.

The Wicks Law states that all public construction projects estimated at more than $500,000 must award four specific contracts--electric, plumbing, heating ventilation and air conditioning, and general trades--for the project rather than selecting one contractor to handle everything. The rationale was that the competitive bidding process for the four individual contracts would increase competition and make sure that only the most qualified specialty contractors were selected.  Unfortunately, it was found out that the Wicks Law can add anywhere between 10% - 30% to the cost of a public project.  In 2008, NYS announced that the use of PLA's would remove the Wicks Law requirement <-- this is a recent change that not many people have heard about, yet it is very significant.

PLA Savings: On a $5,000,000 project.

20% $1,000,000
10% $500,000
5% $250,000

I just can't look a taxpayer in the eye and tell them that I had an opportunity to save them $100,000's of dollars but did not do it.

http://assembly.state.ny.us/leg/?bn=A03748
http://www.state.ny.us/governor/press/press_0409085.html "

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From http://www.midhudsonnews.com/News/2009/September09/15/DCL_PLA-15Sep09.html (yay PW!):

Dutchess adopts Project Labor Agreement protocol

POUGHKEEPSIE - A "Project Labor Agreement" must now be considered for any capital construction project, in Dutchess County, costing more than $3.5 million. 
Not all projects would require a PLA, and that determination relies on a specific provision of the law: "… a due diligence report must be acquired from an appropriately qualified consultant and said report must recommend that the use of a PLA would be in the County's best interest by demonstrating cost savings or other benefits that the PLA would provide."  Support came from union leaders, and from Town of Fishkill Supervisor Joan Pagones, a Republican, who said PLAs have worked very well in her town.
"Due diligence concluded, and I quote, 'that using a project labor agreement in this project is overwhelmingly justified'."  The resolution passed on a 15 to 9 vote. It goes to County Executive William Steinhaus for his consideration.

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From http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=200990914025 ...

DC Legislature passes resolution with policy on Project Labor Agreements

JENNY LEE-ADRIAN * SEPTEMBER 14, 2009

The Dutchess County Legislature voted 15-9 tonight to approve a resolution establishing a policy to use Project Labor Agreements for construction projects that cost more than $3.5 million. The resolution requires the Department of Public Works, the Legislature's Government Services and Administration Committee and the appropriate department head to report to the Legislature on whether a Project Labor Agreement (PLA) is feasible for a project that costs more than $3.5 million. The resolution also authorizes County Executive William Steinhaus to draft a Project Labor Agreement and requires the county to consider using the PLA to reduce construction costs. The resolution's main sponsor Legislator Peter Wassell, D-Dover, said PLAs were designed by the U.S. Congress to provide the best work for public projects for the best price. Wassell said, "It's a misnomer that only unions would be used on projects." [Republican] Town Supervisor Joan Pagones told legislators the Town of Fishkill has had a successful experience with Project Labor Agreements. The resolution goes to Steinhaus for consideration.

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Date: Wed, 9 Sep 2009 13:40:51 -0700 (PDT)

From: Mike Salvia

Subject: In Favor of Resolution 209241

To: jrcdoxsey@aol.com, cedarcrestfarm@gmail.com, daleborchert@hotmail.com,
dnctylegdist4@aol.com, rkellercoffey@aol.com, roli213@aol.com,
whitelum@aol.com, jeterb@hvc.rr.com, joeltyner@earthlink.net,
ruger7@frontiernet.net, wmc1226@optonline.net, sajgold@aol.com,
rogerhig@optonline.net, j_amaca@hotmail.com, jjjmiccio@verizon.net,
jvforman@hotmail.com, garycooper@fairpoint.net, tmansfield77@gmail.com,
margehortondcleg@aol.com, hutchi3@verizon.net, duleg1423@aol.com,
margaretfettes@aol.com, angelaflesland@yahoo.com, dan55hpta@aol.com,
pete.wassell@gmail.com

Dear County Legislator,

Project Labor Agreements (PLAs) are an additional tool used by government to complete large public works projects successfully, on time, one time and within or under budget.

The anti-PLA argument is hiding behind a false concern for the well being of taxpayers when its real targets are Unions.

A PLA is an agreement that defines wages and work rules for a project and is approved before the project begins. It eliminates the need to negotiate a separate labor agreement with each contractor (union and non-union) and sets up a process of conflict resolution to deal with disputes. It sets parameters prior to the bidding process so all parties begin on a level playing field. Unscrupulous, deadbeat contractors and we know there are many, are prevented from under bidding a job on the backs of exploited workers. It actually holds both management and workers accountable.

However, contrary to what the anti-PLA crowd would like you to believe, large projects involve many separate Union and non-union contractors, each with its own schedule of work times, days off, and other ancillary work rules. A PLA coordinates these differences.

PLAs have been in existence for over 75 years to coordinate large projects. It is true in the 1930s and 40s nearly all construction workers belonged to a labor union causing today's misunderstanding that PLAs mean Union work. Today a contractor need not be union. It must simply commit resources to ensure training to a professional level through the use of legitimate apprenticeship programs.  PLAs are even more useful now, in an era when many untrained, non-union workers are on the job.

A PLA represents a meeting of the minds between labor and management. The centerpiece of a PLA is the "no-delay" clause. It virtually eliminates the threat of walkouts and other job actions. This protection against delay is imperative in a large public project, where just a few days lost to a labor dispute can cost taxpayers millions of dollars. A PLA is the best tool yet devised to manage this risk.

Unfortunately, the malicious disinformation campaign is working hard to defeat these time-tested, money saving, common sense agreements. It falsely describes PLAs as "union-only." The PLA, by its terms, excludes no contractor, union or nonunion, from bidding on a public project. In fact, nonunion contractors are among the winning bidders on many projects covered by a PLA. It falsely claims that PLAs cost taxpayers money by running up labor costs. But on public projects all workers, union and non-union, already must be paid "prevailing wage" and all contracts are awarded to the lowest bidder.

The anti-PLA campaign crowd falsely claims that projects with PLAs end up suffering cost overruns but cannot site examples. What they do not tell you is overruns are more often caused by mistakes in the design or engineering of projects, not by the PLA. With a PLA, there are no overruns on labor costs - costs are predictable. That's the point of using one.

Just look at who is fighting so hard to defeat the use of PLAs.  Coalitions of contractors and employers who loath labor unions and don't want their employees to know what it's like to have a voice in their workplace or to have the same rights and protections earned by union members - who don't want their unrepresented, non-union workers to be "contaminated" with workplace democracy.

The opposition to PLAs is not based on fairness or fact but on a truculent anti-labor union attitude that puts selfish personal profit and ideology ahead of our community's economic health and best interest.

Ask yourself why the anti-union contractors and Executive must meet one-on-one behind closed doors at secret meetings and not bring it to the full Legislature?   When the disinformation campaign finally emerges from behind closed doors into the bright light of public meetings, voters and taxpayers will see the truth and send the self-serving carpetbaggers packing once again.

Dutchess County desperately needs PLAs.

Mike Salvia

Candidate

Dutchess County Legislature District 8

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Fact: Bail Loan Fund for Some Accused of Nonviolent Misdemeanors Would Save $1 Million Annually

Fact: Dutchess County could easily save well over a million dollars a year for local taxpayers with a bail loan fund like Tompkins County's-- solely for those merely accused of nonviolent misdemeanors-- with a program here like the United Way agency Opportunities, Alternatives, and Resources in Tompkins (long supported by G.O.P. and Dems there; see http://www.OARTompkins.com ).

Fact: The Daily Freeman published a strong editorial four years ago in support of a bail loan fund here, and even Dutchess County Sheriff Butch Anderson recently told Joel personally he was upset about the increasing waste of taxpayer dollars with so many people sitting in our county jail that used to be bailed out for low amounts by employers or family-- but aren't any more because of the recession.

Fact: Specifically, there are often over fifty folks sitting in our county jail with bail of $2000 or less (roughly the limit for Tompkins bail loan fund), and the vast majority of the judges in Dutchess County are Republican; anyone with bail set at $2000 or less is clearly not a serious threat to safety.

[don't let same old tired, idiotic, warmed-over, rehashed racist attacks from 2005 win!...(they didn't then;
who else remembers the disgusting mailings G.O.P. sent out all over Dutchess that year re: bail fund?)]

For too too many years too too many closed minds in our county government have flushed too too many
county tax dollars-- and too too many lives down the drain-- enough, folks...

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From http://www.OARTompkins.com ...

OAR Bail Funds Program

The Bail Funds Program addresses the economic stratification in our community by providing interest-free bail loans of up to $2,500 to rigorously screened Tompkins County residents, who lack the means to post bail.

Applications for bail may be denied if the prospective bailee has:

1. been issued warrants or detainers;
2. violated parole, probation, or orders of protection; or
3. been determined to be a flight risk.
4. has forfeited an OAR bail in the past or has failed to follow OAR's weekly contact requirement while released from jail utilizing OARs bail program.

The Client Service Worker cannot review specifics of the internal review process with the client. Bailees must maintain weekly contact with OAR pending resolution of their cases and are encouraged to use our services while they go through the court process.
Bail loans are made from private and county dollars donated or loaned to the agency explicitly for this purpose.

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This sent to us in June from OAR Ex. Dir. Deborah Dietrich (debster61953@earthlink.net)...

[OAR's Valerie Sykes will join us for forum on this Oct. 14th 5:30 pm at Rhinebeck Town Hall!]

Dear Dutchess County Legislators,

I recently read about the effort to pass a Bail Fund in Dutchess County in Dutchess Democracy. Our agency here in Tompkins County, Opportunities, Alternatives and Resources (OAR), was cited as an agency providing interest free bail loans to those incarcerated in our county jail. OAR has been around since 1976 and since then has provided bail to those unable to afford it themselves if they meet certain criteria. Since 2006, the County Legislature has allocated funds to OAR to supplement those funds raised by private donations. Last year, the Legislature appropriated $10,000 for this purpose and OAR bailed out 70 individuals. This resulted in substantial savings to county taxpayers through a reduction in the number of inmates boarded out to other county jails. In fact, it saved approximately $466,000 in board out costs. OAR makes interest free loans of up to $2500. A large number of OAR bailees are acquitted, have their charges dismissed or are given non-jail sentences. Without bail assistance, these individuals would have spent unnecessary time in jail at considerable taxpayer expense. In 2008, this program saved both our clients and TOmpkins County an estimated 5300 incarceration days. OAR also has had a very modest forfeiture rate over the years. Last year, for example, OAR had 5 bails forfeited out of the 70 bails made.

According to the jail statistics released by the NYS Commission of Correction probation report dated 6/15/09, Tompkins County jail housed 67 inmates and boarded out 12. Of these 63% were unsentenced and 37% had been convicted and sentenced to jail time. On the same day, Dutchess County housed 258 and boarded out another 100 inmates with 85% of these unsentenced and only 15% convicted and sentenced.

I urge you to consider the creation of a county funded Bail Fund in the interest of justice. I would be glad to assist you in any way to achieve this goal.

Deborah Dietrich
Executive Director
OAR
(607)272-7885

[below from October 2006]

Where did the bail fund money originally come from?

OAR records show that starting in 1984, community members and organizations were invited to invest in the bail fund. 46 investments, from $50 to $3000, were made. 8 were returned to the investors 10-15 years after they were given. The fund is now made up of the 38 remaining investments plus interest minus monies from forfeited bails. The total of the fund is $15,734 of which $13,400 is presently being used for active bails. By the end of today, we expect to have lent out an additional $1500 leaving just $834 in the fund.

Our records do not show any county monies yet in the fund. An infusion of $10,000 from county funds will immediately increase the number of bail loans and immediately decrease the number of people in our jail and who are being boarded out to regional jails.

What are the criteria for lending bail money?

Bail fund clients must be Tompkins County residents who plan to stay in Tompkins County. Their co-signers must live and work in the County. If a client has warrants or detainers outstanding or has been charged with criminal contempt they are not eligible. A pre-trial release agreement must be signed which obligates the client to contact OAR at least once a week and to behave in a "fully lawful manner." If a client forfeits the bail, a warrant is issued for their arrest and their co-signer is responsible for paying their OAR bail loan. The fund has lost $8600 to forfeitures over its 22 year history. We ask clients to reimburse the 3% court fee as well as the bail itself.

How many bail fund loans have been given by OAR? How many are outstanding at this time?

1060 bail loans have been given through the years. 21 are outstanding as of today.

Why do we give bail loans? 

Judges often call our staff directly after assigning a bail to ask if we can loan the bail amount so the person need not wait in jail. The people we bail out have not been sentenced. They are simply waiting for their turn with the courts. If they are sentenced they will serve their assigned jail time. Others will have their charges dismissed or be assigned alternatives to incarceration. Waiting in jail disrupts the productive parts of life such as employment and family responsibilities, costs taxpayers about a $100 a day, and over burdens our limited jail space. Thus lending bail monies to those without means increases reentry success, reduces recidivism, provides equity to people living in poverty and saves tax dollars. It is one of those rare win-win situations. 

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UPDATE-- Besides All the Below, I Got Three More Resolutions Passed in Sept. Through Co. Leg.

Update-- I spearheaded unanimous passage of two resolutions this month (Sept.) through our County Legislature for Dutchess County to be a NYSDEC Climate Smart Community (as three other counties and thirty-eight other communities in NYS are)-- and for the homeowners of Vanderburgh Cove in Rhinebeck/Hyde Park to finally see real relief from federal and/or state government.
[see http://www.dec.ny.gov/energy/50845.html for much more on DEC Climate Smart Communities]

I also got a third resolution passed 21-4 this month-- requesting that the NYS Public Service Commission reject Central Hudson's proposal for yet another rate hike (so soon on heels of last one).

Fact: Dutchess County taxpayers paid $741,655 to Central Hudson in '08 for power as part of county budget.  Central Hudson made $35 million in profits last year, then just recently raised electricity delivery rates by 8.5 percent and natural gas delivery rates by 23.5 percent; those hikes, requested last year by the utility and approved in mid-June, took effect July 1st.  Central Hudson's newly proposed rate hike, if approved by our state's Public Service Commission, would generate an additional $15.2 million in revenues from delivery of electricity and $3.9 million more in revenues from natural gas delivery.

Join 98 other local folks signed on to my http://www.PetitionOnline.com/FairRate : no to CH rate hike!

[recall--"Hein Opposes Central Hudson Rate Hike" Daily Freeman 8/4/09
http://www.dailyfreeman.com/articles/2009/08/04/news/doc4a7785a9e228f538376731.txt ]

Allison Morrill Chatrchyan, Environmental Program Leader for Cornell Cooperative Extension of Dutchess County, gave a great presentation this month to the Environmental Committee on how and why Dutchess County should follow the good lead of Onondaga, Tompkins, and Schenectady counties, and become a NYSDEC Climate Smart Community [let Joel know if you want copy of PowerPoint!].

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Results for You-- Help Send Me Back into County Legislature to Get Even More Done in 2010, 2011:

Resolutions Here Below Spearheaded by Yours Truly Since 2004 (most in just the last two years):

[letters to editor to newspapers still needed on this; vast majority of these have gone unreported (why?)]

1. The Democratic majority and I in County Legislature have proven to be true fiscal conservatives.

Fact: In November 2007 the first Democratic majority in thirty years was elected to our County Legislature; last December was the first time Democrats had a real opportunity to truly impact the county budget for this year (as the county budget for the next year is always set in November and December).

Fact: Last December our Democratic majority cut the Republicans' proposed budget by five million dollars, stopped the G.O.P. plan to raise sales taxes in the county by six million dollars, stopped the Republican plan to force towns like Rhinebeck and Clinton to pay for the cost of running elections and sheriff patrols, stopped the Republican drive to completely eliminate our county's Human Rights Commission, the county water lab, and $1.5 million in crucial funding for many nonprofit agencies-- while leaving the total county property tax levy almost a million dollars below the 2008 levy.

Fact: The County Executive's vetoes (which no G.O.P. legislator wanted to override) added literally six million dollars to this year's tax levy. [ http://www.petitiononline.com/stopcuts ]

2. Created Independent Dutchess Energy Alliance: $1 billion in savings on electric bills over ten years.
[based on successful green jobs/retrofits example of Cambridge, MA-- see http://www.CambridgeEnergyAlliance.org ; also Town of Babylon's http://www.LIGreenHomes.com ; much thanks to Co. Leg.'s Tom Mansfield, Pete Wassell, Bill McCabe, and Marge Horton on this too]

3. For free energy audits of all county bldg.'s done by company like Johnson Controls, Honeywell, etc.
[ http://www.JohnsonControls.com ; http://www.Trane.com ; http://www.Honeywell.com ]

4. For solar panels on County Office Building/22 Market St./Poughkeepsie (then all county buildings).
[ http://www.osc.state.ny.us/press/releases/mar08/030608.htm ; http://www.HVCE.com ]

5. For $153,000 added to 2009 county budget so ten Senior Friendship Centers could stay open five days a week.
[ http://www.co.dutchess.ny.us/Countygov/departments/aging/agindex.htm ]

6. For tens of thousands of dollars to be added to our county budget for 2005 for senior home care.
[ http://www.co.dutchess.ny.us/CountyGov/Departments/Aging/Srservdirectory.pdf ]

7. Led the fight to stop the Republican drive/proposal to end county-run senior home care in the county.
[ http://www.hca-nys.org/documents/NursingHomeWithoutWalls.pdf ]

8. For $100,000 added to county budget so homeless veterans/others not turned away from shelter.
[ http://www.HudsonRiverHousing.org ]

9. For Dutchess to keep using lever voting machines and state/federal gov.'t to make sure we can too.
[ http://nylevers.wordpress.com/ ]

10. For a zero-waste approach to resource recovery in our county: save money, create clean green jobs.
[join over 25 other Dutchess residents on board this-- at http://www.petitiononline.com/zeroyes ]

11. For cost-saving green roofs, rain gardens, wind turbines, composting toilets to be on county property.
[ http://www.GreenRoofs.com ; http://www.RainGardens.org ; http://bianys.com/node/418 ; http://www.petitiononline.com/goldpoop ; http://www.CompostingToilets.org ]

12. For chronic Lyme disease sufferers to no longer be jerked around by HMO's and insurance industry.
[ http://www.ILADS.org ; http://www.UnderOurSkin.com ; http://www.assembly.state.ny.us/leg/?bn=A02100 ]

13. For Dutchess to save on power costs w/Municipal Electricity Gas Alliance (like Putnam, Ulster, Sullivan, and over a dozen other counties).
[ http://www.MEGAEnergy.org ]

14. For saving 30% on lighting bills in county bldg.'s switching fixtures from T-12's to T-8's/metal halides.
http://ezinearticles.com/?How-to-Replace-T8-Or-T12-Lights-With-New-Energy-Efficient-T5-Lighting&id=2117699

15. For new SuperLOOPer discount card at local stores and restaurants for frequent users of LOOP bus.
[ http://content.usatoday.com/topics/article/Tom+Malone/01Ur0if9hQ8Ic/1 ]

16. For Dutchess to hold Home Heating Summit re: home heating oil crisis (as in Ulster, Orange co.'s).
[ http://www.midhudsonnews.com/News/September08/10/DC_hm_heat-10Sep08.html ]

17. For Dutchess ESAN "Recommendations for Stream/Flood Management in Dutchess" to be followed.
[ http://www.dutchessemc.org/ESANRecomendations.pdf ]

18. For Green Map added to county website: list farmer's markets/green resources (as in Westchester).
[ http://greenmap.westchestergov.com/ ; http://www.GreenMap.org ]

19. For bike rental program in Dutchess at no cost to taxpayers (as is already in Washington, D.C.).
[ http://www.SmartBikeDC.com ]

20. For bulk-rate discount sale to county residents of rain barrels/compost bins (similar to Lake Co./Ill.).
[ http://www.rainbarrelsandmore.com/lakecountypromotion.htm ; http://www.RainBarrels.org ]

21. For Dutchess County to be part of Hudson Valley Community Preservation Act to save open space.
[ http://assembly.state.ny.us/mem/?ad=101&sh=story&story=23825 ]

22. For county's Health Department to publicly report on chloramines in public water supplies in county.
[ http://www.Chloramine.org ; http://www.VCE.org ]

23. For listing of restaurants using oils without trans fats to be on county's Health Department website.
[ http://www.midhudsonnews.com/News/October08/13/DCL_transfats-13Oct08.html ]

24. Led Dem Caucus in County Legislature in questioning of county's Empire Zone and call for audit.
[ http://www.petitiononline.com/statewar ]

25. Initiated Dutchess County Resource Recovery Agency taking back compact fluorescent light bulbs.
[ http://www.nytimes.com/2008/06/24/business/24recycling.html ]

26. Initiated increased purchase of cost-saving hybrid vehicles for county fleet
[ http://www.petitiononline.com/hybrids ]

27. Initiated 30% discount on defibrillators for local residents from GE Pickering (see website for more).
[ http://www.GEPickering.com ]

28. Initiated move for Family Justice Center for victims of domestic violence (similar to Orange County).
[ http://SafeHomesOrangeCounty.org/FJC.aspx ]

29. For a link to CarbonRally.com carbon cutting competition to be added to official Dutchess website.
[ http://www.CarbonRally.com ]

30. For an at-store plastic bag recycling law (like Suffolk, Nassau, Rockland, and Westchester counties).
[ http://www.petitiononline.com/recybag ]

31. For recycling plastics #3, #5, #7/recycling bins being placed next to all trash containers in county.
[ http://www.petitiononline.com/zeroyes ]

32. For particulate matter air pollution to be measured in Dutchess County as it was until 2002.
[ http://www.ALANY.org ]

33. For Cary Institute of Ecosystem Studies recommend.'s air pollution/quality standards to be followed.
[ http://www.ecostudies.org/threats_from_above.html ]

34. For wetlands (even small ones) in county to be saved from being paved over by developers.
[ http://www.eany.org/capitolwatch/memos%202009/21_WetlandsProtection.pdf ]

35. For cost-saving "Green House Project" nursing home in county-- proven to make seniors happier.
[ http://www.TheGreenHouseProject.org ]

36. For NYSDEC & EPA Enviromapper websites to be added prominently to Dutchess County website.
[see http://www.ToxicsTargeting.com for info/link that should have been added to county website tho!]

37. For NYS Legislature to pass Cahill's A.2759/S.385: HMO's/insurance co.'s finally fully cover autism.
[ http://www.assembly.state.ny.us/leg/?bn=A2759 ]

38. For real relief for Dutchess Co. property taxpayers-- Omnibus Property Tax Relief and Reform Act.
[ http://www.OmnibusTaxSolution.org ]

39. For greatly expanding current circuitbreaker for school property taxes (bipartisan Little/Galef bill).
[ http://www.petitiononline.com/taxcut ]

40. For ending secret market manipulations on Wall Street causing higher gas/home heating oil prices.
[see http://www.StopOilSpeculators.com Enron loophole closed; "dark markets" speculation continues!]