ALBANY — Inaction by the state Senate on a home rule bill is causing headaches in the Oswego County village of Parish.
In 2005, the village failed to make a principal payment on a bond to finance improvements to its wastewater collection and treatment system; thus, legislation to reauthorize the bond must pass both the Assembly and the Senate. It has not, and both houses are in recess for the rest of the year.
Mayor Leon R. Heagle said the village owes "around $150,000" on the bond and could face dire consequences "if the bank decides to call the note." He blamed the problem on politics.
"I think games were being played both years," Mr. Heagle said, noting that this is the second year in a row that such a measure to help the village has failed.
"Last year we had two Republican legislators and it failed to pass the Assembly," he continued. "This year, we have one Democrat and one Republican and it failed in the Senate."
The two Republicans he referred to are former Sen. James A. Wright, R-Watertown, and Assemblyman David R. Townsend Jr., R-Sylvan Beach, both of whom sponsored legislation to fix the problem in 2007. That bill passed the Senate, where the Republicans hold the majority, but failed the Assembly, which is controlled by the Democrats.
The problem dates to Feb. 13, 2002, when the village Board of Trustees issued a bond anticipation note in the maximum principal amount of $160,000. The bond itself was issued June 20, 2002, to finance certain sewer improvements.
The note matured and was renewed in the amount of $160,000 on June 20, 2003, before being renewed twice more, for $156,000 on July 21, 2004, and again exactly one year later. But when the village failed to make a principal payment July 25, 2005, it fell out of compliance with applicable aspects of local finance law, forcing the need for a legislative fix.
This year's Senate bill, S7631A, was sponsored by Sen. Darrel J. Aubertine, D-Cape Vincent. Mr. Townsend sponsored compatible legislation in the Assembly, A8216-B, which passed June 24, before being sent to the Senate. The bill was immediately referred to the Senate Rules Committee, which took no action on it.
Mr. Townsend doesn't see the bill's failure to pass as partisan political gamesmanship. "It's got a lot to do with the tenacity and drive of the sponsor," he said. "I'm a minority member in the Assembly and I got it passed."
Mr. Townsend added that a June 19 amendment to the bill was a bit of nonsubstantive technical language that lawyers from both the Republican minority and Democratic majority felt was necessary for it "to pass legal muster."
Scott Reif, spokesman for the Senate Majority Conference, said Mr. Aubertine failed to submit a "request out" form for four of his bills, including the one in question, to the chairman of the Local Government Committee, where the bills originated. This form, Mr. Reif said, is "required in order to even consider a bill in committee."
"There are hundreds of bills reviewed in the final days of session," Mr. Reif said. "This particular bill was amended late on the eve of the final scheduled legislative session day."
A spokesman for Mr. Aubertine said the Parish bill was identified as one of five priority bills in a June 4 memo sent on Mr. Aubertine's behalf by the Senate minority counsel to the majority.
"We did everything we needed to do to get this bill passed," said Andrew G. Mangione. "It came through the Assembly and went to the Rules Committee where it went no further. We will continue to work with the people of Parish to help them out."
Meanwhile, the village of Parish remains in limbo. Mr. Heagle said he planned to meet with the village board Wednesday night to draft a letter to the governor, legislative leaders, Mr. Townsend, and Mr. Aubertine asking for help.
"I am not happy. I am a little disgusted with how Albany operates," Mr. Heagle said. "Now we're at a standstill. I'm not sure where we're at. We're working with the bank. I hope that clearer heads prevail."
