SHEEPSHEAD BAY'S ONLY INDEPENDENT NEWS BLOG

Source: Jamie Adams via Wikimedia Commons

It appears the New York State budget will be delivered on time for the third year in a row – a noteworthy accomplishment rising out of Albany’s dysfunction. But, in getting it done, legislators have postponed decision-making on some of the more controversial topics, including an amendment on the expansion of casino gambling that could see one established in Coney Island.

City & State reports:

“I have concern with working toward an on-time budget,” Cuomo said. “We’ve had two on-time budgets. This would be the third on-time budget since about 1984. We have a number of issues on the table that are challenging, that are controversial, so we’re working very hard, and it’s going well, but am I concerned? Yes.”

New York State has a $1.6 billion gap in its $135 billion budget for 2013–14. That amount is far smaller than the $10 billion deficit Cuomo had to tackle in his first year in office, but several thorny policy and spending issues remain.

One of the most pressing issues to complete the budget early, as Cuomo and legislative leaders would like, is finding cuts to healthcare spending after the federal government reduces Medicaid payments to the state this year, as well as finding additional funds to send to the New York City school system if teachers win a reversal of a $240 million budget slash resulting from the failed teacher evaluation talks.

As legislators and the governor mull these issues, they’ve been forced to table some of the governor’s ambitious goals until later in the legislative season, including an expansion of legalized gambling, an increase in minimum wage and immigration reform.

The Assembly is full steam ahead on minimum wage – already passing a bill increasing it to $9.00, but Senate Republicans who share leadership in that house are opposed to it.

Concerns about casinos, though, are more bipartisan, with many legislators demanding that any casino legislation moving forward include locations in the language, something Cuomo is against.

According to the Daily News, the timing of casino rollouts is also in question. Assembly Speaker Sheldon Silver wants not only siting language included, but a provision to spread out the timetable for casino development. The first phase of casino expansion as outlined by Governor Cuomo would see three casinos established upstate, and Silver wants a waiting period of up to five years before a second round of casinos is launched.

“That way, the governor next year doesn’t say, ‘We need a billion dollars, that’s what someone would bid for a Manhattan casino, let’s do one there,’ ” Silver told the Daily News.

“It would also enhance the value of the (first) three, if you give them exclusivity for five years or some period of time,” he added. “It would make the bidding of the three more valuable (for the state) as well, if [potential operators] know they only have two others to compete with and not one in New York City.”

Silver’s Republican counterpart in the Senate, Dean Skelos, said he wants to keep all options on the table.

Daily News is also reporting that the tide is beginning to turn in both houses, as casino lobbyists up their game.

The industry “is starting to put real pressure and offer up big donations to legislators who would go the other way and support a New York City casino,” the source said. “That’s why you’re starting to see a shift in the Legislature.”

The constitutional amendment would only authorize a number of casinos to be permitted. Separate legislation would be needed to spell out the details.

Silver said lawmakers want a say in what regions are eligible for casinos, but that they do not want to get involved in the bidding process, or where specifically a casino would be located within an agreed-upon region.

The budget is due March 31, making resolution of these thornier issues unlikely until later in the legislative session, which ends in June.

Source: Dank Depot via Flickr

In the 1980s, New York was one of the first states in the nation to legalize medical marijuana, running the program for nearly a decade before it was shut down. State Senator Diane Savino, of Staten Island and Coney Island, plans to introduce a bill to make medical marijuana accessible again for glaucoma and cancer patients, according to a report by Medical Jane.

Sensing a shift in the national mood towards relaxing marijuana laws (its basically been decriminalized in Washington and Colorado) Savino hopes to introduce the bill next week. It’s at least the third year in a row that she has proposed such legislation, as you can see here and here.

Its passage relies on the Governor Cuomo’s willingness to buck traditional convention:

In order for this bill to get passed, it will take the convincing of New York Governor, Andrew Cuomo. The Governor has announced that while he does not favor the idea of a medical marijuana program, he is open to the idea of it. The legal director for the New York branch of NORML said that Cuomo’s disinclination has nothing to do with the science behind medicinal marijuana. “This is purely political… Nobody wants to be the drug governor,” he goes on to say.

Photo by Lenny Markh

The following is a press release from the offices of Councilman Lew Fidler:

City Councilman Lew Fidler is proud to announce that the City Council unanimously voted, at their Stated Meeting yesterday, to approve his bill requiring gas stations to clearly display, on roadside signs, all of the prices they charge – no matter if a customer uses cash or credit.

Under State law, gas stations are not allowed to charge extra when customers choose to pay by credit card rather than cash. Yet, throughout the City, gas stations have skirted this by instead offering a ‘cash discount.’ Even worse, the roadside signs used by these gas stations often displayed only the cash price. The higher price for credit card purchases, which most of their customers were likely paying, was generally left off the sign entirely. Only the word ‘cash,’ sometimes hidden in tiny letters, was there to warn drivers that they might end up paying more.

“This is a loophole the size of a truck,” said Councilman Fidler. “You can call this a legal fiction or a distinction without a difference, but either way, New Yorkers just call it absurd. By the time you park your car next to the pump it’s too late to be told what the actual price you’ll be paying is. Gas is too expensive already for us to allow gimmicks and tricks to make it cost even more. Drivers need to know what the price is when they’re driving by, so they can decide where to take their business. It’s basic transparency and it’s basic consumer protection.”

Councilman Fidler’s bill will now require that all gas stations in the City of New York display all of the gas prices they charge, on required roadside signs. Stations that charge the same price for all forms of payment would only have to display the one price, while those that differentiate prices would have to post every one of their different prices. The bill also requires that clear lettering and wording be used for these prices, so drivers with only a second to glance at the signs can easily read them.

“This bill will give drivers the information they need,” Fidler said. “And, with information comes power – the power to be an informed shopper and, hopefully, the power to create some small measure of price competition between gas stations. If gas stations want to offer discounts they still can – but it has to be done openly and without hiding the price that most of their customers will be paying.”

Councilman Fidler expressed his thanks to Speaker Christine Quinn and Council Member Dan Garodnick, Chairman of the Council’s Committee on Consumer Affairs, as well as to all of his Council colleagues for their support for his bill.

“Sometimes you get an opportunity to do something about a problem that just gnaws at the innards of New Yorkers. I know this was one of those for many of us and I am sure that we will be happier to see this bait and switch tactic vanish once and for all,” Councilman Fidler added.

The Mayor is expected to sign the bill next week, and it will take effect 120 days after being signed into law.

State Senator Marty Golden. Photo by Erica Sherman

Last year, State Senator Marty Golden introduced a bill that would stiffen penalties for hit and run and drivers. The bill passed in the Senate but failed to gain traction in the Assembly. Golden and a group of other local politicians have not given up and have reintroduced the bill, according to a press release.

The bill would change the crime of a fatal hit and run from a Class D felony to a Class C felony, which ups the prison time to a maximum of 15 years. It also would eliminate a loophole, which allowed drunk drivers to escape the penalties they deserve:

Drivers under the influence of drugs or alcohol can actually receive less of a punishment if they flee the scene of an accident.  For example, in the case of a first-time offender, a driver who wrongfully flees the scene of an accident where a personal injury has occurred can only be charged with a Class A Misdemeanor which carries a maximum penalty of only 1 year in jail.  However, if the driver remains at the scene and is found to be intoxicated or impaired by drugs, he or she can be immediately charged with a Class E felony which carries a maximum penalty of four years of imprisonment. Therefore, the incentive for a drunk or impaired driver to flee the scene of a hit and run accident is greater.

Golden expressed hope that the legislation would improve safety on the roads and save lives:

I thank my colleagues for their support of this legislation which has the potential to decrease the number of incidents where motorists just keep going after hitting a pedestrian.  In my district and throughout the State, families have been destroyed by such a disregard for human life.  I believe that there are instances where, if the driver stopped at the scene and called for help, the victim may have had a chance to survive.  This legislation will make our roads safer and save lives, and this year, this bill should become law.

The Department of Transportation has suspended Alternate Side Parking and parking meter regulations for Tuesday, January 1, in celebration of New Year’s Day. Stopping, standing, and parking, is permitted, except in areas where these rules are in effect seven days a week (for example, “No Standing Anytime”).

Similarly, the Department of Sanitation is also taking the day off, and there will be no garbage or recycling collection tomorrow morning.

The following is a press release from the New York State Bar Association:

ALBANY, NY (11/06/2012)(readMedia)– New Yorkers with legal problems related to Superstorm Sandy can receive free advice from volunteer lawyers through a program sponsored by the New York State Bar Association, President Seymour W. James, Jr. announced today.

“We know there will be a great need for legal assistance in the coming weeks,” said James (The Legal Aid Society in New York City). “We are grateful to attorneys who go above and beyond to serve their communities.”

Volunteer attorneys will answer storm-related questions about insurance, real estate issues (landlord-tenant and other property disputes) and general legal matters, such as replacing missing wills and other documents.

Storm victims seeking legal advice can call a toll-free hotline: 1-800-699-5636. They will receive the name and phone number of a volunteer attorney. Callers will be eligible for a free legal consultation of up to 30 minutes, either by phone or in person.

Individuals whose applications for emergency assistance are rejected by the Federal Emergency Management Agency (FEMA) will be able to speak with an attorney about how to appeal the decision.

The Association’s Lawyer Referral and Information Service (LRIS) is coordinating the program in partnership with the American Bar Association’s Young Lawyers Division. They are working closely with local bar associations, legal assistance providers, community programs and local officials in storm-battered areas of the state.

Attorneys wishing to volunteer can visit www.nysba.org/DisasterVolunteerSandy or call 518-463-3200.

The following is a press release from the offices of City Councilman David Greenfield:

In response to rumors circulating the community, Councilman David G. Greenfield has confirmed with the MTA that buses serving the area have not been equipped with cameras to photograph vehicles illegally parked in bus stops and in bus lanes. Councilman Greenfield was prompted to look into the matter by an e-mail being forwarded around Midwood and Boro Park claiming that a motorist received such a ticket while parked in the B6 and B11 bus stop at Coney Island Avenue and Avenue K on Wednesday morning. In response, MTA officials have confirmed that this technology is in use in Manhattan, but has yet to be implemented in Brooklyn.

“This rumor really took on a life of its own, so I wanted to clear up any misunderstandings after hearing about it yesterday. This technology is not being used in Brooklyn. What’s more, drivers may not park in a bus stop but can legally pick up and drop off passengers even when there is a dedicated bus lane,” explained Councilman Greenfield.

Governor David Paterson signed legislation into law in 2010 allowing for camera use to issue tickets to drivers along Select Bus Service lanes in some areas of New York City. The cameras are mounted on the front of buses or on utility poles, and are currently only authorized along Select Bus Service routes. The technology is being used on 1^st and 2^nd Avenues and 34^th Street in Manhattan, and is planned for future use in Brooklyn only at Nostrand Avenue and Rodgers Avenue. Construction on a dedicated bus lane in that area will not begin for at least 18 months, according to the MTA.

However, Greenfield is taking this opportunity to remind drivers that tickets can be issued anytime by traffic enforcement agents and police officers under Code 14 of the city’s parking rules and regulations, which prohibits standing or parking in some areas including bus stops and lanes. Drivers can stop their vehicle temporarily to pick up or drop off a passenger in “no standing” zones, but are not allowed to idle or park there.

Tickets for offenses detected by bus lane cameras can only be issued from 7 a.m. to 7 p.m. on weekdays, with fines ranging from $115 to $150. The cameras allow the city to differentiate between cars parked or stopped illegally in a bus stop and those who are making a turn or dropping off a passenger, which is permitted.

“As always, I urge all drivers to follow the rules of the road. As the city rolls out new methods for catching drivers who block bus lanes, I will work with the DOT to make sure they are implemented fairly and actually improve safety and performance, and are not just another way for the city to make money,” concluded Greenfield.

Residents can contact Councilman Greenfield’s district office at (718) 853-2704 for help with any parking-related matters.

October 1 kicked off “heat season,” during which landlords are required to provide heat and hot water to tenants or face costly violations from the city’s Department of Housing Preservation and Development (HPD).

The regulations require that landlords maintain a minimum indoor temperature of 68 degrees Fahrenheit between 6:00 a.m. and 10:00 p.m. when outdoor temperatures fall below 55 degrees. Between 10:00 p.m. and 6:00 a.m., building owners must maintain an indoor temperature of 55 degrees when the outside temperature falls below 40 degrees. Hot water is required to be maintained at 120 degrees year-round.

The season lasts until May 31, 2013.

During the 2011/2012 heat season, residents of Community Board 15, which includes all of Sheepshead Bay and Manhattan Beach, as well as parts of Marine Park, Gravesend and Midwood, racked up 2,766 complaints, falling a good bit short of Brooklyn’s most frequent complainers – residents of Community Board 17 (East Flatbush, Remsen Village), who made 3,708 complaints. It does put us well ahead of our neighbors in Brighton Beach and Coney Island, though, where Community Board 13 tallied up just 1,540 complaints.

If residents think their landlord is failing to meet the requirements, they should first contact the building owner or superintendent. If heat isn’t restored, HPD says to call 311, who will follow up with the owner and the complainant. If problems continue, they’ll send an inspector, and possibly issue a violation for as much as $1000 per day, in addition to civil penalties. They may also sue the landlord, or bring city contractors to make repairs to the property and bill the property owner.

More information about penalties and fees can be found here.

Source: Senator Golden’s offices

Governor Andrew Cuomo signed legislation that strengthens laws against viewing and downloading child pornography from the internet.

The bill has been on the table for some time and has been supported by Senator Martin Golden. Lawmakers discovered that a loophole existed in New York’s legislation for prosecuting those charged with viewing child pornography.

The issue came up when lawmakers realized that one who views child pornography on a website where the images appear is not committing a felony unless he or she downloads the photos. Further, the initial law stated that if the images somehow became automatically embedded, this was not considered possession of the pornography either.

The new law amends the old law and prohibits individuals from knowingly accessing a website with the intent of viewing child pornography on the internet. Accessing a website and intending to view child pornography will now be a class E felony.

“With the strengthening of these laws, we eliminate any loophole to better protect our children from predators,” said Governor Cuomo to the Post Star News. “This new law stops criminals who have been able to escape prosecution and punishment for too long. I applaud Majority Leader Skelos, Speaker Silver and the bill sponsors for their leadership and dedication to keeping our kids safe. By working together, we are ensuring that all New Yorkers, especially children, are kept safe and that justice is rightfully served.”

As a result of the new law, possessing child pornography will never be considered legal in New York State.

Source: Jeff Kubina via Wikimedia Commons

President of the Friends of the Boardwalk, Todd Dobrin, has come out swinging against the proposed casino in Coney Island.

While some local pols support the plan and others suggest that funds from the casino should contribute to gambling addiction support groups, Dobrin has made his position clear:

We don’t need casinos in order to thrive. In fact, casinos — like the one proposed by Brooklyn Borough President Marty Markowitz — are a threat to our way of life.

Dobrin writes of his family’s long-standing history in the area and of the area’s history with gambling.

“You may know the scene back then from HBO’s ‘Boardwalk Empire.’ Beginning in 1860, Brighton Beach and Gravesend were casino hubs. For decade after decade, it was a glamorous scene, but one with a very dark underbelly,” says Dobrin.

The casino has not been approved yet, though there are a great many signs that commercial gambling is on the horizon for the quickly developing Coney Island. Governor Andrew Cuomo has hinted at his desire to bring casinos to New York City, and he has received the support of several others.

For Dobrin, the situation is dire. In the article, he cites research that showcases the ease in which gambling becomes an addiction if one lives within 10 miles of a casino. He cites school children, those who attend places of worship and residents of the area as potential victims if this plans goes through.

He says:

I’m not a ‘Not-in-My-Backyard’ type; Coney Island can and should be developed further. But it must be developed responsibly.

Our youth centers and senior centers are seriously underfunded. Some of them are no longer open. Our neighborhood is in dire need of after-school programs and vocational programs. The infrastructure that will support the development in this community is constantly being tested.

Think of all the jobs that we could create if we focused on these issues and not on the dream of a shiny new complex that specializes in throwing our money down the drain.

As this contested issue comes closer and closer to home, residents and local leaders will inevitably have to take sides. It’s interesting to see who stands where when it comes to casino development and neighborhood gambling.