by Kristina Gabalski
Village trustees in Brockport continue to study the possibility of establishing a village justice court.
During their regular meeting May 8, Trustee Margaret Blackman made her second in a series of presentations on a village court focusing on how well the Sweden Town Court serves the residents of Brockport.
“This is a fact-finding document,” Trustee Blackman’s report stated, “not a proposal to establish a village court.”
She explained that currently the revenue the village receives is limited to fines from violations of village ordinances and parking regulations. The total fine and forfeiture revenue for 2011 was $56,580. If the village had its own court, it would also receive revenue from fines relating to violations of the village speed limit, New York State vehicle and traffic law and penal law convictions.
“The most common (village ordinance arrests and fines) relate to late night disturbances of the peace – open containers, prohibited noise and littering,” Blackman noted.
The charges are rarely dismissed by Sweden Town Court, she said and the fines are consistent. Far fewer arrests are related to property code violations and “fines are not so clear,” Trustee Blackman said. “The judicial process is also slow. It’s a frustrating situation.”
Trustee Blackman found that the process of prosecuting owners of properties with code violations can go on for years. “There are real problems here with how things are disposed of,” she said.
She then outlined the pros and cons of establishing a village justice court.
Advantages of keeping the court setup as it is now, with just the Sweden Town Court, include the village continuing to net revenues of around $52,000 annually while not having to shoulder the cost of staffing and operating a court.
Blackman said the Sweden Town Court operates on a deficit – which was $35,317 in 2011 – a cost that had to be picked up by Sweden taxpayers. Village taxpayers would still have to pay for the Sweden Town Court if the village had its own court, Blackman added.
Blackman then explained what the village is losing by not having its own court. “Brockport provides the majority of Sweden Town Court business,” she said, “and sees no income from the largest share of police arrests (vehicle and traffic violations, criminal cases).”
She noted that a village court would be more closely tied to the village police department which would mean “a more integrated and responsive justice system.”
“I’m not recommending we form a village court at this point,” Trustee Blackman said.
She did recommend that the Village Board discuss with the village attorney the possibility of periodic reports on the disposition of village ordinance violations.
“Code enforcement of property codes continues to be the weak link,” Blackman said. “I agree that placing code enforcement with law enforcement under the supervision of the police chief will further strengthen code enforcement in the village.”
Blackman said her next report would focus on village courts in the villages of Fredonia and Geneseo, both of which have SUNY campuses.
Mayor Connie Castaneda said courts are meant to dispense justice and not serve as revenue makers. “Many villages have dissolved their village courts to save taxpayers money,” she said.
In other business
Trustees voted unanimously to correct the village tax rate for the fiscal year 6/1/12 – 5/31/13 from $12.10/$1,000 to $12.09/$1,000. Village Clerk Leslie Ann Morelli reported that the county found a minor error that was checked and verified by Village Treasurer Hendricks which necessitated the adjustment.
Clerk Morelli also reported that the village received a surplus dividend check of $85,000 from the Upstate New York Municipal Workers Compensation Program – UNYMWCP. Morelli said the UNYMWCP is a pool of many municipalities and districts of which the village is a member. She recommended at least some of the $85,000 be placed in a Workers Comp reserve fund and noted that the village is losing the fire department which is almost one-half of the premium. “It is unlikely we will get a surplus like this in the future,” Morelli said.
Castaneda confirmed the village is receiving a $37,250 Community Development Block Grant (CDBG) from Monroe County. The funds will be used for the Barry Street Water Main Replacement Project.
