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Dissolving court would help village finances, says Potsdam village trustee

Posted 2/23/15

To the Editor: In December 2011, the Potsdam Village Board voted their intent to dissolve the village court into the town court. By NY State law, dissolving a court can only be done at the end of a …

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Dissolving court would help village finances, says Potsdam village trustee

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To the Editor:

In December 2011, the Potsdam Village Board voted their intent to dissolve the village court into the town court.

By NY State law, dissolving a court can only be done at the end of a judge’s term of office, which is in 2015. If it is not done now, it will be 2019 before there is another opportunity to do so.

Believing that there may be 3 votes to change the intent and keep the village court, one of the village trustees has stated the desire for a resolution at our March 2 meeting at 7 p.m. to keep the court. We need to hear from village of Potsdam residents/taxpayers what you think about it.

Village finances are not in a good condition. The NYS Comptroller has placed us on the “susceptible to fiscal stress” list because we continue to spend down our fund balances. We have passed a Working Capital and Fund Balance policy to guide us back onto better footing. We have had to borrow from ourselves for unbudgeted repairs at the old hydro plant. We have had to postpone some necessary fire equipment purchases in order to make unbudgeted repairs of more critical fire equipment.

These unplanned expenditures need to be repaid from future budgets, and these may well not be our last issues to need remedies. In numbers from our village treasurer, actual fines received in FY2014 covered less than half the cost of running the court (roughly $239K vs $109K). We don’t know yet what the revenue will be for 2015, but it is unlikely to be much different. Thus, dissolving the court would result in significant savings that could help restore our solvency.

With the governor’s big push for consolidation/shared services, dissolving the court would be looked at favorably in Albany. In the taxes village residents pay to the Town of Potsdam, we who live in the village have already paid for the town court which hears cases from the town outside the Village of Potsdam. Through our village taxes, we also pay for the village court which hears cases from inside the Village of Potsdam. So at present we are paying for two courts, but getting benefits from only one. With dissolution of the village court, our taxes would pay for only one court which would serve both the village and the town outside.

Supervisor Regan stated a number of times that they built the remodeled town court building with space for two additional clerks, should they need to absorb the village court. The facilities are there, and the building is new and up-to-date, unlike the aging village facility.

A change for the town court would be the need to hire additional staff to cover the higher workload arising from hearing cases from inside the village. This is a concern to Supervisor Regan. While I understand her extremely strong aversion to hiring more staff and having the town’s general fund taxes increase at all, the town needs to represent the entire town, including the Village of Potsdam, and not just the town outside. We will continue to fund the town court after they hear inside the village cases, just as we have for all the years when they have not.

Supervisor Regan also has a concern that some fines will need to be returned by law to the village if cases are no longer heard in a village court. The fines which will come back to the village from a combined Court will make a contribution toward the cost of local law enforcement, which is a benefit not only to those who live in the village, but who work, shop, or do business in it.

Do village residents/taxpayers want the Board to change the 2011 resolution and keep the village court with the costs as outlined above?

Silence could mean that you do. The seeming apathy about what happens in village government is a frustration. Do you want to keep the court separate, or have a single town court in the building a couple blocks away?

March 2nd is close upon us. Our e-mail addresses and phone numbers are on the village web site. You may call me at 265-0940. Come to the meeting, too. it would not surprise me if your actions/opinions on this issue affect other budget decisions which will be facing the village board shortly, too.

Please tell us what you think. Speak now, or we could be forced to wait until 2019 for the next opportunity to effect this consolidation of services and improved efficiency in the hearing of local cases.

Eleanor Hopke

Trustee, Village of Potsdam