LEGISLATOR ED DAY

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LEGISLATOR ED DAY SUBMITS LEGISLATION ESTABLISHING A “PATIENTS BILL OF RIGHTS” IN ROCKLAND COUNTY

New City, NY (May 22nd, 2008) – Legislator Ed Day has submitted legislation to establish a local law entitled a “Patient’s Bill of Rights” that would provide for greater safeguards and protections when citizens here in Rockland County interact with local health care providers.

“In its simplest terms, I look to craft common sense, advocacy based legislation in direct response to a number of concerns expressed to me by many of my constituents” said Legislator Day.

Health care providers would be barred from requiring a full social security number from patients unless the number also served as the patient’s insurance identification number or was otherwise required by state or federal statute. Legislator Day believes that in this era of identity theft, the unnecessary documentation of this critical piece of personal information that typically finds it way onto the same sheet of paper that includes an address, date of birth, and driver’s license information is an invitation for abuse by anyone who can gain access to these records.

Other aspects of the legislation would direct medical providers to verify the date of a patient’s previous annual examination prior to scheduling new appointment to avoid unnecessary costs to the patient. “Many preventative screenings, such as prostate, mammograms, and physicals, are covered once a year. Knowing the exact date you are eligible will prevent a patient from unnecessarily spending hundreds of dollars out of pocket”, said Legislator Day.

With the increasing use of off site vendors by medical providers for patient billing, Legislator Day spoke of the difficulties patients are now experiencing when a simple phone call to the doctor’s office once clarified any billing matter. “There are medical practices that now use a call center for telephone inquiries, and another vendor to send bills to patients, making it increasingly difficult for patients to get answers”, said Legislator Day. This legislation would establish a “reasonable and timely” response mandate, envisioned as two business days, to patient’s billing inquiries of medical providers.

The legislation would also prohibit “balance billing” when not part of a medical provider’s contract with an insurance provider; bar the use of “open ended billing agreements”; provide full disclosure of charges for procedures upon the patient’s request; and mandate due diligence and responsibility of medical providers to ensure that once a patient is informed that their insurance covers a visit, that a potential patient can absolutely rely on that representation.

“I have personally experienced incidents where I verified that a doctor was within an insurance network, had that confirmed by their office staff, and after the fact was told that they do not participate and was then charged the entire amount for the visit” said Legislator Day, adding that “this amounts to a bait and switch tactic that would not be tolerated anywhere, and medical providers, not unsuspecting patients, should be held accountable for these errors”.

Legislator Day concluded by saying that “I look for a positive interaction with the medical community that will help create legislation that is fair and balanced”, adding that “we must not lose sight of the fact that patients have rights as consumers, and should not forfeit those rights at any time, particularly when they are under the stress of medical need.”

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LEGISLATORS DAY AND JOBSON INTRODUCE LEGISLATION TO CAP COUNTY SPENDING ON PUBLICLY FUNDED ARTWORK

New City, NY (May 8th, 2006) – Legislators Ed Day (New City-Haverstraw) and Doug Jobson (Stony Point-Haverstraw-Ramapo) today introduced legislation that would amend Local Law and establish a reasonable spending cap for artwork financed by the Arts in Public Places law.

Legislator Day said “Government should respect the same realities that our families face, and should not automatically increase spending based on a percentage of a project’s cost.” He added that “While we in government can certainly respect and cultivate the need and desire for art in the public view, we also need to understand that the people’s ability to fund such projects also requires the same respect.”

Local Law #6 was enacted in 1986, and provides that capital projects shall include the appropriation of funds equal to 1% of the cost of the project for the first $15,000,000 appropriated. Legislators Day and Jobson both noted that provides for a maximum of $150,000 in funds, which they believe to be “well beyond both need and the realities our constituents face in their daily lives. Simply put, it is a lot of money”.

The legislators’ amendment would maintain the percentage in order to protect smaller projects, but establish a $75,000 cap regardless of the scope of the undertaking. They pointed out that construction costs have gone up over the last twenty years, and to establish reasonable limits on ancillary costs makes sense, given the increases in the family budgets many are feeling right now.

“Like our constituents, while we cannot control certain costs such as gas, utility, interest rates, and insurance, which makes it all the more critical to control the costs that we can”, said Legislator Day.

The proposal also allows for the utilization of additional funds to enhance the surrounding area around the site. The legislators feel that it is illogical to create a beautiful work of art, and then site it where obvious needs, for whatever reason, are not tended to. Legislators Day and Jobson pointed to parks and playgrounds as examples, and noted that three Rockland public playgrounds were cited in a recent report by NYPIRG as being unsafe and dangerous for our children.

Legislator Jobson said “This is a small, reasonable step to have monies available for obvious need. County government can use these funds for something that will enhance the beauty of the site beyond the immediate work of art.” Legislator Day added that “Having a broader view of the project, regardless of what level of government funds it, recognizes that ‘public art’ can also be ‘living art’, and the community we serve benefits from that concept.”

The amendment will be submitted to the appropriate committee for consideration, and both legislators are hopeful that it can then be brought to the full legislature for public comment.

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DAY CALLS FOR ROLLBACK OF CABLEVISION RATE INCREASES

New City, NY (July 14, 2006) – Legislator Ed Day (New City-Haverstraw) today requested that the Public Service Commission force Cablevision to roll back the rate increases that took effect with their most recent billing.

“I received a number of calls from my constituents in both New City and Haverstraw, and my review of these concerns revealed that Cablevision instituted a double digit rate increase this month, said Legislator Day, adding “To be perfectly blunt, that is an excessive rate increase, well beyond what should be expected from a local utility.”

Legislator Day’s found that while Cablevision highlighted the fact that they did not increase the Family Cable rate, they removed stations, including HBO, Biography, and Speed, from that package, and then demanded between $11.95 and $21.95 more each month to get these channels back. They also quietly levied large increases on their Basic Broadcast package, cable boxes, and to our senior citizens.

“My neighbors in Clarkstown saw a 15.4% increase in this service, while Pomona was hit with 14.9% rise”, said Legislator Day, noting that “They even inexplicably increased the cable box rental by 12.1%, and also went after our seniors by raising their rates by 7 ½%”. He noted that even customers who merely wanted to replace their existing cable box to continue the ability to simply access “on demand pay per view” events were informed that, in addition to paying the increased rental fee, they also needed to, at minimum, join the “iO Navigator Package” at an additional $4.95 per month.

“Essentially, while Cablevision patted themselves on the back for allegedly keeping rates down, they reduced coverage and balanced their books on the backs of those least able to afford it. This egregious action hurts everyone, but particularly our low income families and seniors who are only looking for their television sets to function”, said Legislator Day.

Legislator Day’s letter to Mr. William Flynn, Chairman of the Public Service Commission, informs him of his opinion that Cablevisions’ new rate structure amounts to, as he put it, “little more than a shell game that is duplicitous, and hurts those who can least afford it.”

In this letter, Legislator Day also observed that “Cablevision is clearly engaging in what I call the “shrinking bag of potato chips and candy bar” game; Lets’ give less and charge the same. No matter which way you look at this, there has been a large, across the board price increase levied, and I am not very confident all these facts were conveyed clearly to the Public Service Commission when they submitted for their rate application.”

Legislator Day concluded in his letter that the community looks to government to “do the right thing”, and requests that the PSC join him and do exactly that by rolling back and restructuring Cablevisions’ new rate package.

 

LEGISLATOR DAY PRESENTS ANNUAL REPORT OF THE LEGISLATIVE MINORITY
New City, NY (February 11th, 2008) – Minority Leader Legislator Ed Day (New City-Haverstraw) presented the annual report of the Minority members of the Rockland County legislature at last weeks regular meeting of the full legislature. During his twenty minute public presentation, which was met with a standing ovation from many of the approximately seventy members of the public in attendance, Legislator Day focused on issues such as the cost of living, MTA funding, health care, public safety, affordable housing, senior citizens, and the environment. Other announced proposals, designed to help county government function more efficiently and at less cost to taxpayers, were also announced.
 
After noting the frustration everyone, including fellow legislators, feels about the impact of federal and state mandates upon the County budget, Legislator Day said that we here in local government still must address the cost of living that has become crushing to residents by “recognizing that there are things we can do to make life a little bit easier for our neighbors”.
 
He called for an immediate recognition by County government of what is predicted to be a devastating downturn in the economy with a like effect of revenues coming to the County coffers this year. "We must take immediate action to address these issues in a real time way, not to simply wait until the deficits start piling up", said Legislator Day.
There is a need for a full re-assessment of the impact of our reliance on sales tax revenue, including the impact on the community as local business loses consumers to New Jersey, particularly with clothing and gasoline sales. “We are not speaking of a few cents or a reduced profit margin for business. This is about State and County government, by virtue of creating alternate cheaper markets through taxation, driving our own consumers out of Rockland County. The economic impact includes closed business, diminished sales (which would have been taxable), less ratables resulting in higher town and school taxes, and fewer small businesses that often employ many in our volunteer forces”. He also warned of the urgency surrounding our reliance on sales tax revenue given the belief by many experts that we are in a recession or about to enter one, an event that would create a crisis and severely diminish our tax revenues this year.
 
Noting that Rocklanders conveyed $17 million dollars more than received from the MTA just in sales and mortgage taxes alone, Legislator Day said there would be continued follow up of last October’s resolution to fully assess the value of the partnership of Rockland with the MTA. Legislator Day said that “To put that $17 million amount in perspective, it is one third of all County property taxes collected”. He also called the MTA’s recently announced service enhancements as unrelated to this argument, describing this as “bought, paid for, and long overdue”, given the $86 million dollars conveyed to the MTA over and above what we received just in the last 10 years alone. “The position of the Minority is clear; we want the MTA to formally identify, moving forward, a specific plan of investment and value that will be conveyed, or we will move to withdraw from the MTA”, said Legislator Day, adding “we can no longer afford being the MTA’s stepchild with a bank account.”
 
Legislator Day expressed pride in the fact that neighboring counties have already emulated Rockland County’s Sex Offender Free Zone law established a year ago, and piece of legislation he sponsored, and also spoke of the need to recognize the new frontier of risk for our children; the Internet. Proposed was investigating the potential of acquiring the cutting edge “Child Exploitation Tracking System” software, also known as CETS. It is a system used worldwide and is described as a “predator drone” that can immediately break down jurisdictional obstacles and identify and match up the smallest bit of information to other cases being investigated. “CETS saves time, money, and most importantly, brings a rapid, effective strategy that can identify and arrest individuals before they victimize a child” said Legislator Day.
A number of specific, cost saving proposals were announced, including initiatives that would reduce the cost of items purchased by the County, Medicaid Fraud detection software, and a “Pay to Stay” reimbursement program for inmates in the County Jail. The Minority also urged the full legislature and County Executive to form a “Health Care Task Force” to better identify the county’s role in providing human care, given the millions of taxpayers dollars lost over the past two years due to a variety of cost overruns.
 
Legislator Day also announced that the Minority was submitting legislation that would give seniors tax relief and help them stay in their homes. The proposal would institute a 50% county property tax cut for resident seniors over 70 years of age, who have paid property taxes for 40 years, and are year round, full time residents in their home. “While we recognize that some seniors look to move out and downsize, the vast majority have told us loud and clear that they want to stay in their homes and they need help with one overriding issue to do so; property taxes. We have talked too long about providing tax relief to our seniors; the time for talk is over”, said Legislator Day.
 
Also included was a request to re-establish the 2006 Affordable Housing Commission proposal and partner with civic groups, municipalities, and private concerns in order establish housing opportunities for our young people, working families, and volunteers. Announced also was a number of public safety initiatives, including an assessment of the preparedness of our college campuses during a critical event, potential cellular “911” response enhancements, and the upgrading of attempts to swindle senior citizens from a misdemeanor to a felony.
 
Finally, it was recommended that the County take a quantifiable, cost effective approach to government offices being more environmentally sensitive by availing itself of a little known state NYSERDA program that will conduct basic energy audits for as little as $400, and full scale audits with detailed reports, analysis, and outcomes for 50% funding of up $20,000 per building with a $100,000 cap. Included are a 4 point reduction on interest for any loans utilized, and an average return on investment of only 6 years. Legislator Day said “The potential is that In 6 years we get back everything we paid out, commence new found energy savings moving forward, save tax dollars, and do the right thing for our families and the environment we all share. That is a smart investment of taxpayers’ dollars and a win-win situation”.
 
Legislator Day closed the evening’s remarks by “urging our neighbors step forward, get involved, participate; be a partner and a guide as we chart out a course for 2008. Be an active part of the process because, in the final analysis, the answers to the challenges we all face are within all of us working together”. He also offered a silent prayer for the men and women serving in our armed forces, saying “these true warriors put their lives on the line for the all too often unappreciated ability for all of us to gather in chambers such as these across this land, and express our views freely and without fear of retribution or reprisal. Many do not recognize just how lucky we are”.
 
“We in the Minority are submitting these proposals through our legislature’s committee and legislative process with the intent of working with our colleagues and the County Executive in a collaborative manner with one goal in mind; doing our collective best for the people of Rockland”, concluded Legislator Day.
 

DAY URGES RESIDENTS TO COMMENT ON THE BRADLEE'S SHOPPING CENTER PROPOSAL

New City, NY (January 13, 2006) – Legislator Ed Day is urging his constituents to attend a special meeting regarding the development of the “Bradlees’ Shopping Center” on Cavalry Drive in northern New City.

This meeting, scheduled for Thursday, January 19th, 7:30 PM at Clarkstown Town Hall, is being held under the auspices of the regulating agency, the Clarkstown Town Planning Board. They will review further the details and plans offered by the developer, get input about the application from a number of town and county agencies, and solicit participation from the public.

Legislator Day stated, “This particular issue, while strictly considered a ‘town issue’, has been one of the most talked about topics among my neighbors. The re-establishment of a viable shopping center is a critical matter for this community. It is exactly the reason why it is imperative that my neighbors come down, hear what is being proposed, and give their input.”

Preliminary plans for the shopping center shows promise, but as with all major site plan applications, planning experts advise that those directly affected are best served when they are involved in the planning process from the early stages.

“The issue here is not what level of government is involved, but rather that these decisions affect our homes, families, and standard of living. It is for these reasons that I am lending my voice to this process,” Legislator Day added.

Legislator Day concluded that “The potential exists for the beginning of a renaissance in this community, and the stakeholders here in New City should be part of the process, not mere bystanders. As both a resident, and the County Legislator for this District, I am asking my neighbors to join me, get involved, and be a positive voice in the revitalization of our hamlet. 

COMMUNITY VIEW       JOURNAL NEWS
November 11, 2008

BLAME FOR SEX OFFENDER's $661K BILL GOES BEYOND 'SAFETY ZONE' LAW

Edwin J. Day
November 11, 2008

Re "Sex offender's upkeep: $661G and counting," an Oct. 26 article that reported taxpayers were footing the bill since April for a sex offender to live at the county's Summit Park hospital, because the man has been unable to find appropriate housing.

As the legislator who sponsored Rockland's Pedophile Free Child Safety Zone Act, I am compelled to clarify the reported misinformation by county officials and other sources.

Some in the article blame the safety zone law for keeping Level 3 sex offender Christopher Palma in Summit Park hospital for months, costing taxpayers hundreds of thousands of dollars. The law is not at fault; it is the lack of management by the county government and probation department that has let Palma stay at Summit Park instead of finding proper housing. The 2007 county law bans Level 2 and Level 3 sex offenders from living within 1,000 feet of a school, park, day care center or other facility dealing with children.

Such legal buffers allow law enforcement to intercede before a crime is committed upon a child. It seemed incongruous to me that, prior to the law, a predatory sex offender had every right to lurk about, work, or reside near places where our children congregate, while a police officer who knows who he is had absolutely no authority to challenge him.

Some have objected to the law, citing "state statistics" claiming sex offenders have the lowest rate of recidivism. That "study" was a three-year snapshot that ran counter to all evidence within the law enforcement community. In-depth, 15- to 25-year studies show a typical 25 percent rate of return to prison for such offenders within seven years, and a 70 percent rate of eventual re-incarceration. Those studies reflect the reality I have seen as a law enforcement professional trained in disciplines that include sex crimes and child-abuse investigations.

In the Oct. 26 article, Palma contends there is no appropriate housing for him because of the safety zone law. Housing for sex offenders does exist, as witnessed by the notices parents get from the schools when an offender moves into our community; offenders can move out of Rockland anytime; and Level 3 Sex offenders are monitored for life.

While most cases of child sex abuse involve someone the victim knows, we cannot ignore recent incidents of sexual assault, including a 14-year-old boy abducted near a library in New Rochelle; a reported assault two 15-year-old girls coming home from school in Port Orchard; and a reported attack of an 11-year-old boy coming off a playground in Middletown. Shouldn't police be empowered to intercede before a tragedy occurs?

We need this law because the system is failing. Rockland Probation Officer Jennifer Williams, who supervises released sex offenders, has stated even before the law, she made sure sex offenders didn't live near places such as schools and active parks. Maybe Ms. Williams can explain exactly how Palma was able to move only 700 feet away from and right down the street from Franklin Elementary School last spring.

Who caught this? The school PTA! They contacted the Orangetown Police, who advised Palma he was in violation of the new law and had to find other accommodations.

Palma then voluntarily entered Summit Park's in-patient crisis unit. Two weeks later, when doctors cleared him for release, he reported having nowhere to go that would comply with the safety zone. So he remained, and our county embarked on an expensive, handsitting exercise.

County Executive C. Scott Vanderhoef says that the law provides a "false sense of security." Having taught children for years on how to protect themselves from abuse, I find that personally insulting and simplistic. Mr. Vanderhoef is ill-equipped to make that observation, either through experience or training.

Here are the real questions: Why was Palma admitted to Summit Park? Was the process competent? Who is responsible here? Would it not make more sense to get these answers early instead of watching the bills pile up? Why was no alternative housing found? How did he move near a school in the first place?

Mr. Vanderhoef, the day-to-day manager of government, should focus on a process that put a pedophile ahead of law-abiding taxpayers here in Rockland. This cost results not from the statute that empowers our cops to intercede in protection of our children, but rather from inept Probation Department oversight and lax attention to what's going on at the hospital.

Finally, there is no substitute for our children having the educational tools that helps prevent them from becoming victims, and I urge parents to teach their children these skills to help keep them safe.

The writer is Rockland County legislator, representing District 5, and minority leader of the County Legislature. He is a retired New York City Police Detective Commander and Baltimore Police Chief of Detectives.

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LEGISLATOR DAY ANNOUNCES REINSTATEMENT OF NEW CITY POST OFFICE HOURS
New City, NY (November 17, 2006) – Legislator Ed Day (New City-Haverstraw) today announced that the planned curtailment of hours at the New City Post Office, slated for next Monday, has been scrapped.
“Early this morning, a number of constituents called into the local radio station, WRCR 1300 AM, commenting that, as late as yesterday, the New City Post Office had announced and posted new hours of operation”, said Legislator Day, adding that “Given the fact that we are now entering the peak holiday season, this seemed to be both totally illogical and completely unacceptable”.
it was determined that the New City Post Office had in fact announced a plan to limit the weekday counter hours to 10:00 AM to 5:00 PM, an hour and a half less than its present 8:30 AM start time. Saturday hours were being cut in half, starting at 10:00 AM, instead of the present 8:00 AM start, and maintaining the noon closing time. Ostensibly, this was supposed to be a cost savings measure and an attempt to better utilize the retail machines in the lobby, which were to be available 24 hours a day.
“This plan brought two adages to mind”, said Legislator Day, “Timing is everything” and “Location, location, location”. “This plan fell flat on both counts”, added Legislator Day.
The obvious issues of further limiting the opportunity to mail packages as we enter the holiday season made this “the worse possible time”, and would have been a “major inconvenience to the New City community”, commented Legislator Day, adding that many in this community will be sending packages to relatives serving their country overseas. In addition, the fact that this Post Office serves the county seat only served to underscore these concerns.
“I want to acknowledge our postmaster, Steve Hernon, who an hour and a half after I called the New City Post Office and expressed my concerns, contacted me and informed me that the decision had been made to scrap the plan. He will ensure that the post office will maintain the present schedule for the foreseeable future”, said Legislator Day.
“The credit also goes to the folks in the community who took the time to convey a pressing matter in a public forum. This enabled their government representative to bring their concerns forward, and prevent an unnecessary hardship from befalling this community”, concluded Legislator Day.  
 
LEGISLATORS DAY AND JOBSON SUBMIT LEGISLATION SUPPORTING PROOF OF LEGAL RESIDENCE IN THE UNITED STATES FOR LICENSING BY THE DEPARTMENT OF MOTOR VEHICLES
 
New City, NY (October 19th, 2007) – Legislators Ed Day (New City-Haverstraw) and Doug Jobson (Stony Point), today submitted local legislation in support of New York State Senate bill S6484, which would strengthen the existing requirements for obtaining driver’s licenses and non-driver identification cards.
 
“Recent directives by Governor Spitzer that will now allow persons who are here illegally in this country to become licensed by the State Department of Motor Vehicles are simply wrong and completely ill advised from a security perspective. As a law enforcement and security expert, I resent this policy being peddled as some sort of safety initiative”, said Legislator Day, a security consultant who has served in command positions with the New York and Baltimore City Police Departments.
 
Last month, Governor Spitzer announced he directed the Department of Motor Vehicles to commence the licensing of undocumented immigrants, along with an estimate of up to one million people being eligible. To accomplish this, he is suspending existing administrative policy and contradicting existing VTL statute that requires applicants to have either a social security number or proof of ineligibility from the Social Security Administration. The critical issue of exactly how someone’s actual identity can be verified by DMV was initially referred to as a “6 point test”, but with no accompanying specifics announced.
 
Legislator Day said “Subsequent assurances of utilizing yet to be obtained technology depicted by one county clerk as a ‘magic box from Albany’ is cold comfort indeed, considering Spitzer’s policy becomes effective in only six weeks; letters have already gone out to over 150,000 people whose identity is in question; and not one employee in the DMV has either seen nor been trained in any of this supposed technology or document verification.”
 
The Senate Bill is a direct response to Governor Spitzer’s plan and a DMV report showing an increase in the number of cases of illegal aliens fraudulently obtaining and using state driver’s licenses. The legislation, which complies with the Federal REAL ID Act, would require proof of authorized presence in the United States, and specifically lists a number of ways that citizens and non-citizens alike can obtain both permanent and temporary driver’s licenses and non-driver identification cards.
 
Legislator Jobson said “It is unfortunate that common sense needs to be legislated here”, adding that “this bill will strengthen the rules and have absolutely no negative effect on those who do things lawfully, and will also make for a more secure identification system.”
 
Both legislators also pointed to the ease in which people who are here in this country illegally will be able to use these new licenses to register to vote. The current voter registration form relies on either a driver’s license or the last four digits of an applicant’s social security number.
 
“Why, particularly after the personal impact of “9-11” on the people of New York, the Governor would embark on a policy that is directly contrary to the Federal REAL ID Act is beyond belief”, concluded Legislator Day, adding that “We should be looking at truly enhancing security, not compromising it in the name of political correctness.”
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LEGISLATOR ED DAY INTRODUCES LEGISLATION ESTABLISHING REGULATION OF OUTDATED PERISHABLE FOOD SALES

 

New City, NY (January 31st, 2008) – Legislator Ed Day (New City-Haverstraw) has introduced legislation that would ban the sale of outdated perishable food items in Rockland County, and also empower local Consumer Protection inspectors to direct their removal from store shelves, something they are not legally empowered to do under existing statutes.

 

“Amazing as it sounds, and for a variety of reasons, there is no legal mechanism to stop a retailer from selling outdated perishable items to consumers or even to remove these products from shelves when found”, said Legislator Day.

 

Federal and state laws historically have had little impact on ensuring that perishable items sold to consumers are both fresh and safe. Due to many variables, the U.S. Food and Drug Administration does not require expiration dates on most products. New York State has had bills designed to address this matter submitted within the legislature, but oversight of this matter is still lacking in the State.

 

Legislator Day is looking to establish a local law that has some similarities to an existing statute in Westchester County, where it would be a violation to sell milk products or other perishables sold in containers on the date after it is marked for the final day of sale. Other perishable items that lack expiration dates, such as produce, would also be included in the proposed law. Additionally, this legislation would empower Consumer Protection inspectors to formally act on a complaint, whether personally observed or communicated from a local consumer. Included within the legislation will be the authority for inspectors to direct the removal of the product and a fine schedule that would be utilized, as appropriate, for repeat offenders.

 

“Anyone who shops for groceries can relate an incident where they purchased what appeared to be a fresh product only to find it was rancid when they arrived home”, said Legislator Day, adding that “it is costly, wasteful, and annoying to say the least”.

 

Legislator Day noted that consumers have only one thing to rely on with packaged perishable products, and that is an expiration date that is often difficult to locate. He also does not believe that it is asking too much for all retailers to ensure what responsible business outlets do; aggressively rotate their stock and sell fresh products. His legislation will also afford the opportunity for consumers to effectively report those who engage in such improper practices.

 

“The ingestion of expired perishables is both a heath and quality of life issue, and oversight should not be left to the whim of a retailer”, said Legislator Day. He concluded by saying that “I look to institute basic legislation that will both send a message to those who violate our consumers’ trust and establish the authority to deal with those who simply just don’t get that message.”

 

LEGISLATOR DAY DEMANDS THAT THE NEW YORK STATE DOT WITHDRAW CELL TOWER PROPOSAL IN NEW CITY

New City, NY (April 17th, 2006) – Legislator Ed Day today demanded that the New York State Department of Transportation immediately abandon plans to erect a 120’ cellular tower at their facility on Ridge Road in New City.

Legislator Day said “I have heard the arguments and listened to the rationale from the State, and I am convinced of only one thing; This tower is neither necessary nor belongs in this residential community.”

According to a March 8th letter sent by the Laura Lemire, NYS DOT Planning and Management, to residents, the proposal is presented as a “shared resource public safety and wireless telecommunications monopole” at their Ridge Road Maintenance Yard. A March 28th informational meeting, attended by Legislator Day and numerous residents, detailed the basics of the plan.

“There is very little sharing of anything in this proposal; It is about private cell companies taking up nearly the entire tower to further their competitive needs, not this community’s safety” Day said, adding that “the photographic renderings presented, which one would presume shows a best case scenario, were absolutely outrageous”, noting that one photo dwarfed a home on Rolling Ridge Road.

Legislator Day, whose background includes law enforcement and service on the Legislatures’ Public Safety Committee, stated that he obviously respects the need for public safety, but noted in his letter of April 13th to Robert A. Dennison, NYS DOT Regional Director, that this tower is truly designed to serve “private telecommunications”. He also noted that “This is a not a case of ‘Nimbyism’, as two other applications under consideration and that are near this site have met with such vehement opposition.”

In his letter to Director Dennison, Day also asserted that “I believe we both know that the driving force behind this particular siting is the immediate availability of space at the DOT facility, coupled with the private funding conveyed by these providers to the State coffers. Having private companies save us on tax dollars is smart government; To despoil the community that government is supposed to respect and serve is not.”

The DOT has placed the matter under review, but Legislator Day urged them to abandon this plan immediately because, as he put it, “It is simply not right, and I am convinced that a broader view will establish that this structure would be visible from as far away as Route 304.”

Legislator Day concluded by noting that “At a time when we are looking to beautify New City with fountains, landscaping, and artistic displays, I find it unbelievable that the possibility exists to have our hamlet defiled by a massive structure that could become some perverted sort of gateway to our community”.

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LEGISLATOR DAY ANNOUNCES DISTRICT WIDE "LISTENING TOUR"

New City, NY (June 5, 2006) – Legislator Ed Day (New City-Haverstraw) today announced that he has organized a District wide "Listening Tour", where he will be visiting a number of local communities and neighborhoods in his District to maximize citizen input, elicit ideas, and gain comments from his constituents.

Legislator Day said, "People, either by choice or circumstance, do not regularly involve themselves in the process; that should not equate into a disenfranchisement of representation."

During his campaign for office last year, Legislator Day spoke of his concept of community based representation, which was largely supported by his background as a past president of the Little Tor Neighborhood Association in central New City. "I routinely walk this community with my wife and interact with my neighbors. Now I simply look to add one additional facet to that conversation; As your representative, let me know what I can do to make your life a little bit easier", said Legislator Day.

Legislator Day also noted that he understands the doubts citizens often harbor about their government officials, and noted that he is not up for election this year. "This is what people should expect from their elected representative, and will continue to get from me. This is not a one time arrangement, but rather a custom people both deserve and will see from me for as long as I serve."

A morning get-together is scheduled at the Clubhouse in the Crystal Hill Homes on Route 202 in Pomona on Saturday, June 10th, 9:00 AM to 11:00 AM. This will be followed by a visit to the Sunrise Senior Living facility on North Main Street, New City, at 1:00 PM that same day. Future visits to other developments and neighborhoods will be announced as they are confirmed.

UPDATE - Ed will be at Squadron Gardens Apartments, North Main Street, New City, on Thursday, July 6th, 4:00 PM to 6:00 PM.

Legislator Day concluded, "I know that the issues affecting my neighbor’s lives will not be found in government offices; They are out there in the community." He encourages his constituents to "sleep a little late, roll out of bed, and come downstairs to chat and have coffee with your Legislator".