DA Diversion Program Proposed to PILOT in Delhi - Traffic Tickets Could Be Bypassed

DELHI - Delaware County First Assistant District Attorney Schuyler Konior Kinneman presented the Delhi Town Council with a proposed diversion program. The county hopes to pilot the program in Delhi and a few other municipalities starting in October through the end of the year.

Diversion programs are designed to help individuals avoid convictions and consequences that might result from criminal activity. In the case of this program, it will assist individuals with traffic violations through the use of Advent - a computer program that processes paperwork for the DA's office. The program is used across the US and the DA hopes to bring it to Delaware County.

In short, violators will have to pay a fee that could be over $600 to take an online course and receive no license points or have the ticket on their record. Eligible traffic violations include speeding 15 miles per hour or over, using a cell phone, and passing a school bus. 

The town has an option to participate in full, with a town ordinance, or not at all. An ordinance will provide the traffic violator with an option to go through the courts rather than pay for the diversion program.

Delhi Justice Mathew Burkert said most traffic violations end with a fine between $50 and $100, first-time violators could be less. The council agreed the program could be challenging for some individuals with a hefty fee.

Burkert also explained that he understands the program to be flexible. If the town doesn't want to use diversion for certain traffic violations or wants to adjust the eligibility they can, he said. The town could also back out at any time, he said.

Supervisor Maya Boukai said the county is looking to put the decision in the hands of the courts. 

"Personally, I think they are giving the courts way too much," said Burkert, "They are taking us out of our lane and putting us in your guys' lane. We shouldn't be there..." He explained that he would uphold the council's decisions.

Boukai pointed out the program might benefit those who are not county residents. They could participate in the program remotely and not have to travel back for court. 

"I wish I had that option when I was younger," said Councilmember Josh Morgan, "I would have paid so I didn't get the points on my license. I think it's a good program."

The council also questioned how revenue would be distributed. For traffic ticket fines the town receives 60% while the other 40% goes to the state. Because Advent does not go to the state at all, Burkert said the town should receive $250 of a $300 fee.

"Somehow I don't think it will work out to be that generous," said Councilmember Margaret Baldwin.

Boukai is creating a list of questions to bring back to the DA before deciding on program participation. Some questions include what revenue will the town receive and how many times can a violator participate in the diversion program.

In another discussion, Boukai updated the council on the county finance committee discussion regarding sharing 12% of sales tax revenue with villages. The percentage is estimated at roughly $3 million of which village mayors propose 60%, about $2.3 million, goes to villages, and the remaining $1.4 million would be split among towns based on weighted votes - Delhi would get roughly 11%. 

The proposal would need four positive votes of the seven committee members to be presented to the Board of Supervisors for another vote to be approved. According to Boukai, of the seven supervisors, three have villages in their municipalities - Sidney, Walton, and Stamford. The other four are Hamden, Colchester, Kortright, and Andes supervisors, of which two appear to be leaning against, said Boukai. She is looking into a potential workaround so the Board of Supervisors can vote without committee recommendation.

Boukai said the county budgets roughly $20 million in sales tax without definitively knowing what that number will be at the end of the year. Revenue above the budget is placed in reserves to balance out the budget when needed. The county is required to have roughly 25% of its budget in reserves. According to Boukai, the last audit reported roughly 38% in county reserves. "They are well off in terms of reserves," she determined. 

"It's frustrating when the thinking is stuck, you've been at it too long you don't think outside the box and get creative to find solutions that serve everyone," Said Baldwin of some of the committee members.

Councilmember Matthew Krzyston said it was disappointing to hear representation disregard the idea.

In other business: 

The council submitted a letter of intent to lease-to-buy two highway department trucks at roughly $150,000 annually for five years beginning in 2026. They expect to receive the trucks in late 2025. The council submitted a second letter of intent to purchase a front loader at approximately $80,000 with a trade-in of the 2019 truck. The loader purchase will be factored into the 2025 budget.

Baldwin and Krzyston would like to look into landscaping opportunities for the town hall building.

Customer satisfaction surveys for swim lessons came back with suggestions to extend lessons from 30 minutes to 45 or an hour and increase from two weeks to three. "I feel good about trying to implement some of those next year," Boukai said. Surveys for water aerobics and staff will go out at the end of the season.

The pool will close on Sunday, Sept. 1.

The code officer issued eight building permits, two certificates of occupancy, one violation, one stop work order, and five zoning issues, and conducted 14 inspections, one fire inspection, six conferences, four site visits, and drove 216 miles in July.

The next regularly scheduled town board meeting is Monday, Sept. 9 at 6 p.m.