County treasurer urges businesses not to sue

Solid waste user fees at issue

By FRITZ MAYER

SULLIVAN COUNTY, NY — Ever since the law was passed, residents and businesses have complained about the new solid waste user fees in Sullivan County.

Resentment has been high especially among county business owners. Terri Hess Ward, president of the Sullivan County Chamber of Commerce, has said, in the past, that business people were concerned that a mom-and-pop storekeeper in Monticello is charged the same user fee as Monticello Raceway, which does not seem reasonable. Now, there is talk that a group, presumably a group of business owners, is considering suing the county over the fees.

In reaction, Sullivan County Treasurer Ira Cohen released a transcript of remarks he made to the chamber on February 12. After explaining that the current system is seriously flawed and that the county is working on a new one, Cohen urged the unnamed, would-be litigants to hold off on the lawsuit because the county needs the money from the fees.

He said, “If you are successful in court, and the enforceability of this law is impaired, and the county does not receive this essential source of revenue, it will have a very negative fiscal impact on the county. Simply stated, the county has to pay to dispose of its trash one way or another. If the revenue is not collected in 2010, the county will have to collect it in 2011. In the meantime, it will have to borrow enough money to make up for the shortfall. We do not have contingency funds available to finance this shortfall. In short, while a lawsuit might make the point that the user fee is flawed, a judicial confirmation of what we already know to be true, it will be fiscally counterproductive.

“I am respectfully urging you to channel your efforts, your frustrations and your time, to work together with county officials, private stakeholders and with each other, to develop a new solid waste management plan and revenue model … We do not have the luxury of spending time and money in court.”

Hess Ward did not return a call seeking comment about the meeting or Cohen’s remarks.

In the meantime, the county has posted a list of questions and answers about the fees on the county website, www.co.sullivan.ny.us, and has created a task force to come up with a new arrangement to pay for the disposal of solid waste generated in the county. Also, residents and business have the opportunity to appeal the fee they have been charged, and can find an appeal form on the website.

Also related to solid waste, the county is building a new transfer station at the landfill site in Monticello but, until that project is complete, all commercial haulers are delivering solid waste to the Mamakating and Ferndale transfer stations for exportation out of the county.

Because of this, the hours at the Mamakating station have been expanded to Sunday through Friday from 7:45 a.m. through 2:45 p.m.; commercial haulers are prohibited from using the station after 10:00 a.m. on Sundays.

Also, the Ferndale station is now open seven days a week. On Saturday and Sunday the station is open from 7:45 a.m. through 2:45 p.m. for residential customers only; the station is open from 7:45 a.m. to 2:45 p.m. from Monday through Friday for commercial haulers only.