Schuyler County launches its Community Health Survey

Schuyler County Public Health and partners are doing a Community Health Survey with the intent of completing a new Community Health Assessment and Community Health Improvement Plan by the end of December 2019.

The link to the online survey will be active for the next 4-6 weeks and Schuyler County encourages all to please complete it.

The same survey will be offered in each of the nine Finger Lakes Counties (Schuyler, Yates, Steuben, Chemung, Seneca, Ontario, Wayne, Livingston and Monroe). The coordinated effort is with the Public Health Department in each county and with Common Ground Health (the Regional Health Systems Agency).

Participants who provide their name and phone number or email address will be entered into a drawing for a $500 grocery or gasoline gift card.

For more information, click here.

Schuyler County joins opposition to Romulus incinerator project

Schuyler County is the latest local government to oppose the proposed “Circular enerG” garbage incinerator project at the former Seneca Army Depot in Romulus, Seneca County, New York.

Citing environmental concerns, negative effects on agriculture and tourism, and local opposition from the Town of Romulus and County of Seneca, the Schuyler County Legislature voted Monday (June 11) against the project, which would be the state’s largest trash incinerator.  The vote was unanimous.

“The wine, craft beverage, agriculture, and agri-tourism industry is driving job creation and economic growth in the Finger Lakes,” the legislature held, further noting that, “trash incineration is not compatible with current or future economic development goals of the region, nor with New York State’s renewable energy standard.”    Therefore, the resolution says, state and federal officials should reject the project.

In a separate vote, the legislature unanimously resolved to support legislation introduced by Senator Tom O’Mara, Senator Pam Helming, Assembly Minority Leader Brian Kolb, and Assemblymen Phil Palmesano and Michael Cusick, that would help block the facility.   That legislation would prevent power projects that burn garbage from receiving expedited permitting through the “Article X” process. Instead, those projects would be required to conform with local laws, applicable environmental rules, and the state solid waste management permitting process.

Both resolutions were submitted to the legislature by the County’s Planning Department (Kristin VanHorn, Director), with assistance from the County Administrator (Tim O’Hearn), the Schuyler County Attorney (Steven Getman), the Clerk of the Legislature (Stacy Husted) and the County’s Community Development and Natural Resource Committee.  The motions to pass each were made by legislator Mark Rondinaro (Town of Reading) and seconded by legislator Van Harp (Town of Hector).

Romulus Town Supervisor, David Kaiser, an opponent of the project, praised Schuyler County officials.

“I want to personally thank the Chair of the Schuyler County Legislature, Dennis Fagan, and his fellow county officials who worked to pass these resolutions,” Kaiser said.  “If this incinerator project is approved, it will have a devastating impact on Romulus and the Finger Lakes region. Allowing a giant trash incinerator disguised as a power plant to move forward over local opposition is unfair to our residents and existing businesses.”

The Circular enerG facility would require the daily delivery of more than 1,000 tons of trash to the site, primarily from New York City, and withdraw 445,000 gallons of water daily from Seneca Lake.   News reports indicate that a 260-foot smoke stack will emit chemicals that may be harmful to human health, and that the facility will be located near the Romulus Central School and the Hillside Children’s Center. 

After the project met strong opposition from the community, the company asked for “Article X” approval from the state's Public Service Commission rather than the Town of Romulus in an attempt to bypass local review.   Circular enerG also sued the town in a bid to overturn recent local zoning decisions blocking its construction.

Schuyler County joins county legislatures in Seneca, Tompkins, Yates and Ontario as well as the town boards of Romulus, Geneva, Lodi, Ovid, Seneca Falls, Varick and others in opposing the project.

The text of each Schuyler County  resolution is available here.

Resolutions of the Schuyler County Legislature: Opposing Proposed Garbage Incinerator, Seneca County, New Y... by Steven Getman on Scribd

Bill to crack down on child sex trafficking set to pass

New York Post:

A bill to crack down on predators who force or manipulate children into prostitution is headed for passage this year, lawmakers said Thursday.

The revised law would punish anyone who intentionally promotes or profits from prostitution of people under the age of 18 with a felony sex trafficking charge — without having to prove the child was compelled....

The Senate has already passed a similar version of the ... bill, which was sponsored by Andrew Lanza (R-Staten Island)....

The bill set for passage makes it a separate class B felony for anyone 21 or over to promote or benefit from the prostitution of anyone under 18.

It also says that arguing that a perpetrator didn’t know a victim’s age is no longer a valid defense.

U.S. Supreme Court: police need warrant to search vehicle located near home

Via Washington Examiner:

The U.S. Supreme Court on Tuesday ruled police must obtain a warrant to search a vehicle parked near a home on private property, setting new limits on law enforcement's ability to conduct searches...

The man at the center of the case is Ryan Collins, who twice eluded police while riding a motorcycle in Albemarle County, Va., in 2013. Officers eventually found the motorcycle covered with a tarp and parked on a parking patio outside a house belonging to Collins’ girlfriend.

Police lifted the tarp and ran the motorcycle’s vehicle identification number. Upon running the VIN, officers discovered the motorcycle had been stolen in New York several years earlier, and Collins was arrested.

Collins argued the police violated the Fourth Amendment with its warrantless search because the motorcycle was located within the curtilage of the home.

But a trial court, state appeals court, and the Virginia Supreme Court disagreed, and said the search was constitutional.

In its decision, the Virginia Supreme Court cited the Fourth Amendment’s automobile exception, under which an officer can search a vehicle without a warrant if he or she has probable cause to believe the vehicle was involved in a crime.

But the U.S. Supreme Court disagreed, saying nothing in its case law indicates that the automobile exception gave law enforcement the right to enter a home or its curtilage to access a vehicle without a warrant.

The complete decision can be found here.

Schuyler County calls on New York State to increase financial resources to County Veteran Service Agencies

Declaring that “our veterans represent the very best of America, having bravely answered the call to serve …and having earned the dignity that comes with ... defending our great nation’s values,” the Schuyler County Legislature has called on New York State to amend the Executive Law, in the relation to the cost of maintenance and operation of veterans’ service agencies.

The resolution, prepared by the County Veterans’ Service Agency (Joan Scott, Director)

with assistance from the Clerk of the Legislature (Stacy Husted) and the County Attorney (Steven Getman) asks the state legislature to remove the fifty percent cap on total expenditures for maintenance and operation that can be reimbursed by the state. The resolution also supports increasing the maximum reimbursement allowable to each county, noting that the amount of funding currently provided by the State to local veterans’ service agencies is minimal.

The resolution was passed at the legislature’s May 14 meeting and directs that the Clerk of the Legislature forward certified copies of the Resolution to Governor Cuomo, Senator O’Mara, Assemblyman Palmesano, and all other appropriate state officials.

The Schuyler County Veterans Service Agency advocates on behalf of Schuyler County veterans and their families, as individuals and as a group, to ensure they receive benefits granted by law for service in the United States Armed Forces.

New Version of N.Y. Family Court "Do it Yourself" Form Programs Launched

All New York State Family Court DIY (Do It Yourself) Form computer programs have been updated to improve the unrepresented litigant’s experience.

Program users no longer require Adobe Flash or Microsoft Word or Word Viewer to prepare their court papers. Instead the papers generated by the programs open in a PDF document. The computer program is also now available on mobile devices.

The DIY Forms FAQ page has been updated to reflect the changes to the program. According to the Court System, improved DIY Form Programs for Surrogate’s, Supreme, County, District, City, Civil, Housing and Justice Courts will be coming soon.

These forms cannot give you legal advice.  Litigants having questions about family court procedures should consult an attorney.  In certain cases, you may be eligible for assigned or low-cost counsel.

For more information about DIY Form Programs click here.

Town of Ovid Honors Former Clerk

The Ovid Town Board honored former Town Clerk James Vangalio for his “lifetime of service” to the town at its Wednesday (May 9) meeting.

Vangalio, who passed away April 4, had served as Town Clerk for twenty years.

To honor Vangalio, the Town Board presented his widow, Michele Vangalio, and his children and grandchildren with a certificate honoring his service to the community.

Vangalio was a lifelong resident of the Town of Ovid. As a 27-year member of the Ovid Fire Department, he was a truck captain and 2nd assistant chief. For more than 16 years, he and Michele hosted 43 foster children through Seneca County Department of Social Services.

Vangalio is survived by his wife of nearly 43 years, Michele; and his children Harland Kent, Lisa (Lee Benjamin) Vangalio, Vincent (Jamie) Vangalio, Staci (Martin) Hooker all of Ovid, Brian (Kayla Plante) Kuhlman of Red Creek, and Tracy (Chris Dresser) Andrews of Interlaken; his grandchildren Jade and Chelsea Parson, Grace and Hayden Benjamin, Lucas, Zackary and Addilyn Hooker, Skylar Howard, Emily, Alyssa and Toni Vangalio, Derek Andrews, McKenzie Dresser, and Brian Kuhlman Jr.; his sister, Patty (Dean) Arcangeli and their family; and his mother in law, Julie Byrne of Auburn; along with his wife's extended family. He was preceded in death by his parents; by a son, Anthony Vangalio; and by his father-in-law, James Byrne.

Michele Vangalio is currently serving as Town Clerk to fill the vacancy until the end of the year.

The Ovid Town Supervisor is Walt Prouty. The Ovid Town Board members are Mark Beardsley, Joseph Borst, Erik Holmberg and Carrie Wheeler-Carmenatty.

(Photo credit: Steven J. Getman, Esq.)

Schuyler County files lawsuit against the manufacturers and distributors of opioid pain killers.

Schuyler County officials are formally taking “big pharma” to court.

On Friday (May 11, 2018), Schuyler County Attorney Steven Getman filed a nearly 250-page Summons and Complaint against manufacturers and distributers of prescription opiates for damages to the County arising out of the fraudulent and negligent marketing and distribution of opiates in and to the County.

“Over the past few years, despite its small population, Schuyler County has seen an uptick in opioid and heroin use and overdose,” Getman said. “To date, County officials have expended significant resources to help its residents battle opioid addiction and prevent further deaths. The lawsuit will seek to reimburse the County for its expenses related to the opioid crisis as well as provide the County with financial assistance to continue this battle.”

The Summons names approximately thirty defendants, including some of the biggest names in the pharmaceutical industry, such as: Purdue Pharma L.P.; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Johnson & Johnson; Janssen Pharmaceuticals, Inc.; Endo Pharmaceuticals, Inc.; Actavis Pharma, Inc. and Insys Therapeutics, Inc.

The Complaint alleges the defendants knew--and had known for years–that opioids were addictive and subject to abuse, particularly when used long-term for chronic non-cancer pain, and should not be used except as a last-resort. However, the Complaint alleges, the defendants spent hundreds of millions of dollars disseminating scientific materials and advertising that misrepresented the risks of opioids’ long-term use.

“The United States is now awash in opioids,” the Complaint says.

Summons and Complaint: The County of Schuyler v Purdue Pharma L.P. by Steven Getman on Scribd

Schuyler County is the latest New York State county to file a lawsuit against the manufacturers and distributors of opioid pain killers. At least 14 counties across New York are suing pharmaceutical companies for what they're claiming are deceptive marketing practices. In addition, in February, New York State officials filed a lawsuit against Insys Therapeutics, Inc., alleging that Insys deceptively promoted prescription opiate Subsys for unsafe uses and violated state law by downplaying drug’s addictive risks.

Missing Infant: Schuyler County authorities search for missing 15-day-old

The Schuyler County Sheriff’s Office is investigating a report of a missing infant from Rock Cabin Road in the Village of Montour Falls.

The infant, Gionna K. Harter is 15 days old and is believed to have been removed from the residence by her mother Katrina M. Harter, age 31. It is believed that Katrina Harter took the child to avoid service of a Family Court Order that transfers custody to another party.

Katrina Harter is believed to be in the Geneva, NY area and has family ties to Wayne County, NY.

Anyone having information about the location of Gionna or Katrina Harter is asked to call the Schuyler County Sheriff’s Office at 607-535-8222 or our confidential tip line at 607-535-8224.

The Wayne and Ontario County Sheriff’s Office’s, Geneva Police Department and New York State Police are actively assisting in the investigation.

For more information, click here. 8:45PM UPDATE: Schuyler County Deputies have announced 15-day-old Gionna Harter has been located in Geneva and is safe.

The AMBER notice regarding Gionna’s disappearance has been cancelled.

More information on the case is pending.

Seniors: Beware of Medicare Scam Calls

From CNN:

In an effort to help protect the elderly from identity theft, the federal government started mailing new cards that come with a new 11-digit identification number instead of an enrollee's Social Security number. The cards will be sent automatically to Medicare's roughly 59 million participants over the next year. Seniors should be sure their addresses are up to date with the Social Security Administration....

Though the effort is designed to help minimize fraud, it has sparked a series of scams. Medicare wants enrollees to know that they don't have to do anything to receive their cards (as long as their address is correct), and there is no activation process or fee. Also, Medicare will never initiate calls and ask to verify information over the phone.

According to AARP:

Scammers posing as Medicare representatives have already been calling beneficiaries demanding a processing fee. Other fraudsters are telling beneficiaries that they are owed a refund from transactions on their old card and then asking for bank account information to process the reimbursement. Medicare will never ask an enrollee for a bank account number, and no refunds are owed.

The New York Alliance Against Insurance Fraud offers this advice:

• Just hang up. Medicare won’t phone you about the cards. They’re also free, and nor do seniors have to report or verify info to Medicare;
• Sign up for an alert that Medicare has mailed your new card; and
• Destroy your old Medicare card when your new card arrives.