Rockland County Code Enforcement Office Delayed In Legislature

ROCKLAND, NY — The Rockland County Legislature got started creating an Office of Building & Codes to satisfy New York state's takeover of Spring Valley's lax and corrupt safety and building code enforcement, but didn't vote Tuesday on giving it a budget so inspectors could be hired, or a director to run operations.

The deadline for the county to start operations is Feb. 14.

Four lawmakers weren't on or left the online meeting: Harriet Cornell, Toney Earl, Alden Wolfe and Aney Paul.

It's the second time the Legislature has had the pieces of the plan in their sights. SEE: No Vote On Spring Valley Code Enforcement Takeover

The Legislature voted 14-0 to adopt the new law that creates an Office of Buildings and Codes and grants authority for the office to operate. However, only 10 lawmakers were willing to waive the rules and approve additional resolutions covering funding and personnel, which had been submitted about an hour before the start of the meeting,

“I said we would conclude the hearing this week and that we would adopt this important law and we have done both,” Legislature Chairman Jay Hood Jr. in a statement Wednesday. “Public safety is government’s most important obligation and County government remains committed to doing our part to protect the health and safety of residents, businesses and first responders.”

After the vote to adopt the new law was passed, four resolutions addressing the mechanisms of the new office were proposed, including funding appropriations, the confirmation of a director and an agreement to allow the County to use certain Spring Valley Village inspectors, vehicles, computers, and software.

Those resolutions, legislature officials said Wednesday, had not been submitted in time for a review through the committee process, and did not receive the 12 votes necessary to waive the rules and consider them under new business. Instead, the lawmakers formed into a Committee of the Whole and discussed each item. Nine votes were needed and cast to go into the COW and all legislators present (via WebEx or in the chambers), voted yes on the items in the COW.

Despite their votes, County Executive Ed Day was infuriated. He sent out statements saying he was "incredibly frustrated" about the new delay.

Paul told Patch she had had technical difficulties and was fully in support of the plan.

"I absolutely voted last night to adopt the law and create the Office of Buildings & Codes," she said in an email. "I also intended to vote for the additional items for the funding, the director and the inter-municipal agreement with Spring Valley. I had technical problems and lost my connection to the WebEx meeting and despite numerous attempts, I could not reconnect."

Paul said that procedurally the essential action was taken when all the pieces had been approved by the Committee of the Whole and therefore could be voted on by the full Legislature. "Again, I plan to support them so we can do all we can to protect the safety and health of our residents, businesses and our dedicated first responders," she said.

Cornell's and Wolfe's absence had been known in advance. Earl had a minor surgical procedure and attended the meeting long enough to vote for the creation of the bureau.

"It’s unfortunate that the county executive and members of the minority are seizing on this as a way to politicize the safety of the public," Wolfe said. "The simple fact is that Legislators Earl, Paul and myself all oppose illegal housing and support proper code enforcement in the Village of Spring Valley and across the county and if we had been at the meeting we would have supported waiving the rules and adopted the measures. The truth will be borne out at the next meeting with our votes.”

Of the 13 remaining legislators, only 10 supported waiving the rules. Hood instead took a vote to go into a Committee of the Whole, which allows legislators to conduct a portion of their meeting as though it were a committee meeting. Nine votes were needed and received, and legislators then reviewed the four resolutions. All 13 legislators present (in person or via WebEx) voted yes on the measures during the Committee of the Whole meeting.

Hood has set a special meeting for Feb. 8 to allow for a vote on the four resolutions by the full Legislative Board.

These are the resolutions as they currently stand:

• Approve amending the 2022 Adopted County Budget for the implementation of the new office (increase appropriations by $1.5 million to cover salary, health insurance, Social Security, MTA tax and other personnel costs; computer software, training, and other costs associated with the operation of the new office; increase revenues by $1.5 million in departmental fees to be collected via the work of the new office)
• Approve the creation of a director’s position for the new office (assigned to the County Executive’s Office)
• Confirm the appointment of former Suffern village Mayor and retired NYPD Officer Edward Markunas as director
• Approve an Intermunicipal Agreement stipulating interactions between the new office and the Village (including the assignment of certain Spring Valley Village inspectors to the new County office, granting the County access and use of Spring Valley’s Municity recordkeeping software, and loaning Spring Valley’s vehicles and equipment to the County)

Day said the upshot was yet another unnecessary delay in this process.

"After last night’s meeting I spoke with Jared Lloyd's mother, Sabrail Davenport, and she shared my dismay, disappointment, and anger that these three Legislators left the meeting early without warning or prior explanation, resulting in an inability to vote on these four resolutions," he said. "Regardless of this attempt to sabotage our process, we are moving forward."

Lloyd, a Spring Valley volunteer firefighter, died last March along with a resident in a massive blaze that destroyed the Evergreen Court Home for Adults.

The New York State Department announced the takeover of the village's code enforcement — after years of requests by local fire officials — the day after the Rockland County District Attorney's Office announced the indictments of the head of Spring Valley's building department and its assistant building inspector on accusations they falsified inspection reports for the Evergreen Home. Six people face charges in connection with the fire that consumed the century-old former hotel.

State officials ordered Rockland to assume administration and enforcement of the State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code within the Village of Spring Valley.

Just given the backlog of outstanding inspections, county officials have identified a need for at least 12 full and part-time building and fire inspectors and five support staff, plus a director. SEE: County Exec Submits Plan For Office of Buildings and Codes

Votes on the resolutions are now expected to take place during a special meeting of the Legislature on Tuesday.

But Day said he was taking steps now to make sure the department is funded and operational by Feb. 14, when the state has ordered the county to start enforcing building and safety codes in the village

"This afternoon Chairman Hood and I will be signing a Declaration of Procurement Emergency to direct the County’s Director of Purchasing to take immediate action to contract the qualified building inspectors and code enforcement officials necessary for the County of Rockland to respond effectively to the Order from New York State," he said in the statement. "The County of Rockland has been Ordered to take over the functions of the Spring Valley Building Department and if the Legislature fails to act in support of that Order, I will declare a State of Emergency and take whatever steps are necessary to protect the health and safety of Village residents, visitors and first responders."

SEE ALSO:

• Grand Jury Indicts 2 Village Employees Over Fatal Adult Home Fire
• Former Fire Chief Arraigned Over Building Code Fraud
• Rockland Firefighters, Officials Call for State to Intervene In Ramapo, Spring Valley

Editor's Note: Patch regrets two errors in the original version of this report.

• The deadline of Feb. 14, imposed by the state, is for Rockland to begin operations; no deadline was set for a legislative vote as reported in the original version of this report.
• The reason the lawmakers didn't vote on all the items, which were submitted about an hour before the meeting started was that too few of them voted to consider them as new business. Twelve votes are needed to waive the Legislature’s rules and consider items that are not vetted via the committee process as new business. Instead, the lawmakers formed into a Committee of the Whole and discussed each item. Nine votes were needed and cast to go into the COW and all legislators present (via WebEx or in the chambers), voted yes on the items in the COW.