REGULAR BOARD MEETING

Monday, April 4, 2022 @ 10:00 a.m.

 

 

Shaun Gillilland, Chairman

James Monty, Vice-Chairman

 

Chairman Gillilland called this Regular Board to order at 10:00 a.m. with the following supervisors in attendance: Clayton Barber, Robin DeLoria, Derek Doty, Shaun Gillilland, Charles Harrington, Roy Holzer, Ken Hughes, Steve McNally, Noel Merrihew, Tom Scozzafava, Matthew Stanley, Michael Tyler, Davina Winemiller, Meg Wood and Mark Wright. 

Stephanie DeZalia, Jim Monty and Joe Pete Wilson were excused.

 

Department heads present were:  Michael Diskin, James Dougan, Judy Garrison, Dan Manning, Daniel Palmer, David Reynolds, Heather Sheehan and Max Thwaits. 

 

Also present:  Bill Tansey

 

New media present:  SUN – Tim Rowland.

 

 

GILLILLAND:  I will call the meeting of the Board of Supervisors to order.  Join me in the pledge of allegiance please.  Thank you very much.  Can I have a roll call please.  Thank you.  We have no guests this morning, so we’ll go directly into resolutions.

 

RESOLUTION #78 – AUTHORIZING BUDGET AMENDMENTS FOR VARIOUS DEPARTMENTS.

This resolution was moved by Mr. Scozzafava, seconded by Mr. Merrihew and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

RESOLUTION #79 – AUTHORIZNG TO CREATE A FULL-TIME REGISTERED NURSE POSITION IN THE SHERIFF’S DEPARTMENT.

This resolution was moved by Mr. Tyler, seconded by Mr. Harrington and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

RESOLUTION #80 – AUTHORIZING THE HIRING OF A PROBATION OFFICER TRAINEE IN THE ESSEX COUNTY PROBATION DEPARTMENT.

This resolution was moved by Mr. Hughes, seconded by Mr. Wright and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

RESOLUTION #81 – HONORING TROOPER LAWRENCE P. GLEASON WITH A MEMORIAL SIGN TO BE POSTED AT THE CHARLEY HILL ROAD OVERPASS BRIDGE (I-87) IN THE TOWN OF SCHROON.

This resolution was moved by Mr. Tyler, seconded Mr. Scozzafava and adopted.

 

RESOLUTION #82 – APPROVING THE FINANCIAL ASSISTANCE IN THE FORM OF SALES TAX AND MORTGAGE TAX ABATEMENT BY THE ESSEX COUNTY INDUSTRIAL DEVELOPMENT AGENCY IN CONNECTION WITH A PROJECT FOR THE LODGE AT SCHROON, LLC.

This resolution was moved by Mr. Merrihew, seconded by Mr. Holzer and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

RESOLUTION #83 – AUTHORIZING THE RE-APPOINTMENT OF JOHN MICHAEL MASCARENAS TO THE POSITION OF COMMISSIONER OF ESSEX COUNTY DEPARTMENT OF SOCIAL SERVICES FOR A FIVE (5) YEAR TERM.

This resolution was moved by Mr. Scozzafava, seconded by Mr. Hughes and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

RESOLUTION #84 – ADOPTING AND APPROVING THE REVISED POLICIES AND PROCEDURES AND QUARTERLY REPORTS FOR THE CERTIFIED HOME HEALTH AGENCY (CHHA) APPROVED BY THE PROFESSIONAL ADVISORY COUNCIL (PAC), PUBLIC HEALTH ADVISORY COMMITTEE (PHAC) AND THE MEDICAL DIRECTOR, REVIEWED MARCH 1, 2022.

This resolution was moved by Mr. Barber, seconded Mr. Merrihew and adopted.

 

RESOLUTION #85 – AUTHORIZING APPOINTMENTS TO BOARDS, COMMITTEES AND/OR COUNCILS.

This resolution was moved by Mr. Tyler, seconded Mr. Stanley and adopted.

 

RESOLUTION #86 – AUTHORIZING CONTRACT AMENDMENTS/CHANGE ORDERS IN VARIOUS DEPARTMENTS.

This resolution was moved by Mr. DeLoria, seconded by Mr. Merrihew and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

GILLILLAND: Discussion?

 

SCOZZAFAVA: The contract agreement, we just approved prior a full-time nurse at the Sheriff’s Department so I see under Sheriff’s Department – contract amendment is that the amendment because now we’re going to a full time?

 

PALMER:  Well, we actually, we needed the full time position for the new MAT requirement.  The extension of the Elizabethtown is an entirely different matter.  These are nurses that they had originally been providing there, they are no longer going to be able to do so.  What we asked them is to allow an extension until June, so that we had the opportunity to try and hire some more nurses because we are going to have to replace that contract because they are no longer going to do it.

 

SCOZZAFAVA:  Okay, thank you.

 

GILLILLAND:  Further discussion?  Being none, roll call please.

 

RESOLUTION #87 – AUTHORIZING THE PURCHASING AGENT TO AWARD BIDS, ISSUE CONTRACTS/AGREEMENTS OR PURCHASE ORDERS.

This resolution was moved by Mr. Scozzafava, seconded by Mr. Barber and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

RESOLUTION #88 – AMENDING RESOLUTIONS NO. 27 OF FEBRUARY 7, 2022, AND RESOLUTION NO. 48 OF MARCH 1, 2021, BOTH ENTITLED, “FOR THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE, 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS OF A TRANSPORTATION FEDERAL-AID PROJECT AND APPROPRIATING FUNDS THEREFORE”

This resolution was moved by Mr. DeLoria, seconded by Mr. Wright and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

RESOLUTION #89 – AUTHORIZING THE ESSEX COUNTY PURCHASING AGENT TO GO TO BID FOR VARIOUS DEPARTMENTS.

This resolution was moved by Mr. Tyler, seconded Mr. Holzer and adopted.

 

RESOLUTION #90 – ACCEPTING, ADOPTING AND PLACING ON FILE POLICIES, PLANS, PROCEDURES AND ANNUAL REPORTS.

This resolution was moved by Mr. Scozzafava, seconded Mr. Hughes and adopted.

 

RESOLUTION #91 – AUTHORIZING THE COUNTY ATTORNEY’S OFFICE TO PROVIDE REPRESENTATION AND LEGAL ADVICE TO TOWNS OF ESSEX COUNTY ON TOWN MATTERS WHEN NOT IN CONFLICT WITH INTEREST TO THE COUNTY, PURSUANT TO COUNTY LAW SECTION 501(3) AND 504(4)

This resolution was moved by Mr. Tyler, seconded Mr. Scozzafava and adopted.

 

RESOLUTION #92 – AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE A ONE-YEAR MASTER AGREEMENT BETWEEN THE COUNTY OF ESSEX AND THE VARIOUS TOWNS OF ESSEX COUNTY FOR THE PROVISION OF ADVANCED EMT PAYMENT, EQUIPMENT AND FLY CAR USE.

This resolution was moved by Mr. Holzer, seconded Mr. Merrihew and adopted.

 

RESOLUTION #93 – AUTHORIZING TO CHANGE THE HOURS IN THE OFFICE OF THE ESSEX COUNTY TREASURER TO BE OPEN FROM 8:00 A.M. TO 4:00 P.M. BEGINNING MAY 1, 2022 THROUGH SEPTEMBER 2, 2022.

This resolution was moved by Mr. Scozzafava, seconded Mr. Tyler and adopted.

 

RESOLUTION #94 – AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CSEA WITH REGARD TO THE CSEA’S PEER TRAINING PROGRAM, AT NO COST TO ESESX COUNTY.

This resolution was moved by Mr. Tyler, seconded Mr. Hughes and adopted.

 

RESOLUTION #95 – OF CONGRATULATIONS TO NORTH COUNTRY COMMUNITY COLLEGE ON RECEIVING AN EIGHT (8) YEAR ACCREDITATION FROM MIDDLE STATES COMMISSION ON HIGHER EDUCATION.

This resolution was moved by Mr. Tyler, seconded unanimously and adopted.

 

RESOLUTION #96 – AUTHORIZING ESSEX COUNTY TO PIGGYBACK ON A CONTRACT ENTERED INTO BETWEEN WARREN COUNTY AND CONTINGENCY MANAGEMENT CONSULTING GROUP, LLC DATED MAY 29, 2021, AMENDED SEPTEMBER 28, 2021, TO PROVIDE ESSEX COUNTY WITH ASSISTANCE IN EMERGENCY PLANNING, TRAINING AND EXERCISE (WC 17-21) FOR THE OFFICE OF EMERGENCY SERVICES.

This resolution was moved by Mr. Wright, seconded by Mr. Doty, and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

RESOLUTION #97 – UPON THE RECOMMENDATION OF THE RECRUITMENT AND RETENTION TASK FORCE, AUTHORIZING A PROPOSAL RECEIVED FROM ADIRONDACK COMMUNITY ACTION PROGRAMS (ACAP) ON ESTABLISHING DAY CARE THROUGHOUT ESSEX COUNTY, IN AN AMOUNT NOT TO EXCEED $100,000.00, WITH FUNDING TO COME FROM AMERICAN RESCUE PLAN ACT (ARPA) FUNDS.

This resolution was moved by Mr. Tyler, seconded by Mr. Doty, and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

GILLILLAND:  Discussion?

 

WINEMILLER:  Is this just to do a study?

 

PALMER:  No, no they are actually going to go out and start engaging in people who potentially want to do child care, they will help to train them, they will help them set up, they will look at the house that they are proposing and lay out any requirements that they have.  The idea being that they are trying to look throughout the county to establish child care resources for people because there is such a child care shortage.  So this is a one-year agreement that we are going to do as a contract with them and they are going to provide that training to have people set up to be child care providers.

 

WINEMILLER: And we are going to make sure that this is throughout the entire county?

 

PALMER:  Yes, that is what they are looking at.  They are taking whoever will, obviously somebody has to apply but the focus was going to be countywide.

 

WINEMILLER:  Thank you.

 

GILLILLAND:  Further discussion?

 

HUGHES:  Mr. Palmer, quick question, do we have a ball park figure on the balance of our funds?

 

PALMER:  We’ve spent about $1.8 M, $1.7 M somewhere in that area.

 

GILLILLAND:  Further discussion?  Being none, roll call please.

 

RESOLUTION #98 – SETTING THE DATES AND LOCATIONS OF THE 2022 HOUSEHOLD HAZARDOUS WASTE DAY EVENTS IN ESSEX COUNTY.

This resolution was moved by Mr. Tyler, seconded Mr. Hughes and adopted.

 

RESOLUTION #99 – OF CONGRATULATIONS TO RICHARD HOLLAND UPON HIS RETIREMENT FROM THE TOWN OF TICONDEROGA.

This resolution was moved by Mr. Wright, seconded unanimously and adopted.

 

RESOLUTION #100 – AUTHORIZING THE ESSEX COUNTY BOARD OF SUPERVISORS TO APPLY FOR STATE AND FEDERAL FUNDING FOR THE REHABILITATION OF THE UPPER MILL HILL BRIDGE, IN THE TOWN OF CHESTERFIELD.

This resolution was moved by Mr. Barber, seconded Mr. Hughes and adopted.

 

GILLILLAND:  Discussion?

 

BARBER:  Shaun I just want to thank this board for passing this resolution.  I want to Thank you for putting it on WCAX, I did miss it.  It was sent to me by a number of people in the Town of Chesterfield from different areas, it’s making a big statement for the Town of Chesterfield people and the Town of Ausable and around all the people that have support it.  I appreciate it and I will add this to the plate, I know the battle has just begun but I want to thank DPW and Community Resources also.

 

GILLILLAND:  Thank you, further discussion?  Being none, all in favor, opposed – carried.

 

GARRISON:  Resolutions from the floor – authorizing to change the hours in the Office of the Essex County Clerk and Department of Motor Vehicles to be open from 8:00 a.m. to 4:00 p.m. beginning May 2, 2022 through September 2, 2022.

 

GILLILLAND:  Twelve to allow that on the floor please.

 

GARRISON:  Yes, we do.

 

RESOLUTION #101 - AUTHORIZING TO CHANGE THE HOURS IN THE OFFICE OF THE ESSEX COUNTY CLERK AND DEPARTMENT OF MOTOR VEHICLES TO BE OPEN FROM 8:00 A.M. TO 4:00 P.M. BEGINNING MAY 2, 2022 THROUGH SEPTEMBER 2, 2022.

This resolution was moved by Mr. Scozzafava, seconded Mr. Merrihew and adopted.

 

GARRISON: A resolution adopting Local Law #2 of 2022.

 

GILLILLAND:  Twelve to allow that on the floor please.

 

GARRISON:  Yes, we do.

 

RESOLUTION # 102 - ADOPTING LOCAL LAW #2 OF 2022.

This resolution was moved by Mr. Merrihew, seconded by Mr. Hughes, and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

GARRISON:  Resolution of congratulations to Joyce Terry of Wilmington, New York upon receiving the 2022 Wilmington Citizen of the Year Award.

 

GILLILLAND:  Twelve to allow that on the floor please.

 

GARRISON:  Yes, we do.

 

RESOLUTION #103 -  OF CONGRATULATIONS TO JOYCE TERRY OF WILMINGTON, NEW YORK UPON RECEIVING THE 2022 WILMINGTON CITIZEN OF THE YEAR AWARD.

This resolution was moved by Mr. Holzer, seconded unanimously and adopted.

 

GARRISON:  Resolution authorizing the addition of one parcel to agricultural district #1 during the open enrollment 2021.

 

GILLILLAND:  Twelve to allow that on the floor please.

 

GARRISON:  Yes, we do.

 

RESOLUTION # 104 - AUTHORIZING THE ADDITION OF ONE PARCEL TO AGRICULTURAL DISTRICT #1 DURING THE OPEN ENROLLMENT 2021.

This resolution was moved by Mr. Harrington, seconded Mr. Scozzafava and adopted.

 

GARRISON:  Resolution appointing members to the Lake Champlain-Lake George Regional Planning Board.

 

GILLILLAND:  Twelve to allow that on the floor please.

 

GARRISON:  Yes, we do.

 

RESOLUTION #105 - APPOINTING MEMBERS TO THE LAKE CHAMPLAIN-LAKE GEORGE REGIONAL PLANNING BOARD.

This resolution was moved by Mr. Merrihew, seconded Mr. Hughes and adopted.

 

GILLILLAND: I have one also, are there any others?

 

McNALLY:  I have two, a resolution of celebration of Helen Sylvester’s 100th birthday on March 29, 2022.

 

GILLILLAND:  Twelve to allow that on the floor please.

 

GARRISON:  Yes, we do.

 

RESOLUTION #106 – OF CONGRATULATIONS TO HELEN SYLVESTER UPON CELEBRATING HER 100TH BIRTHDAY.

This resolution was moved by Mr. McNally, seconded unanimously and adopted.

 

McNALLY:  And one more resolution, celebration of Barbara Curtis’s 100th birthday on March 2, 2022.

 

GILLILLAND:  Twelve to allow that on the floor please.

 

GARRISON:  Yes, we do.

 

RESOLUTION #107 – OF CONGRATULATIONS TO BARBARA CURTIS UPON CELEBRATING HER 100TH BIRTHDAY.

This resolution was moved by Mr. McNally, seconded unanimously and adopted.

 

GILLILLAND:  Further motions from the floor?

 

SCOZZAFAVA:  I would like to move a resolution of condolence to the family of John McDonough.

 

GILLILLAND:  Twelve to allow that on the floor please.

 

GARRISON:  Yes, we do.

 

RESOLUTION #108 – OF CONDOLENCE TO THE FAMILY OF JOHN McDONOUGH

This resolution was moved by Mr. Scozzafava, seconded unanimously and adopted.

 

GILLILLAND:  Further resolutions from the floor?  Alright, I have one which I sent out an email and I think you all have a copy on your desks.  I was contacted this weekend, I had three phone calls with Judge Farley who is the Supreme Court Judge in St. Lawrence County you may have met her a few years ago when she was running.  She is the President elect at this time of the Supreme Court Justice Association.  As you probably have read recently, there has been the Chief Judge Court of Appeals wants to reorganize the administration of the courts in the State of New York.  If you all had an opportunity to review this, and/or at least a short summary of what she sent, what essentially I believe will happen under this reorganization was the Administration of all courts and the assignment and Judges of all courts in the State of New York will be put under the Office of Court Administration so the Judges that are locally elected either in counties or in Judge Court or Supreme Court Justices which are multi-county based upon population we have Supreme Court Justices here for fourteen years, for essentially nine counties total.  The assignment of those Justices and Judge’s and stuff would be left up to the Office of Court Administration under this reorganization plan so that even though that we would either regional or county would elect a Judge that Judge can be assigned anywhere for any time throughout the State.  There’s some other issues with it, one of the rules that is under Appellate Court Judges, the Appellate Court is what you do or where you appeal to after having a hearing or a trial at Supreme Court, but the Appellate Court Judges at this time are required to be elected so that you go to an elected Judge and you have a Board of Elected Judges for the Appellate, under OCA they can assign any Judge elected or appointed.  New York City has almost all appointed Judges.  So essentially if you come to a civil case or a case that could be in Essex County that would be advantageous or not advantageous but be more fair to have a local Judge, it could be heard by a Judge in New York City, it could be heard by a Judge in Erie County it depends on what the Chief Judge of the Court of Appeals decides and the Office of Court Administration.  So, this basically in my thought process is hasty reorganization of the courts.  As you all know, we’ve had in the past four or five years I’ve been working diligently to try to get a Family Court Judge here in Essex County. We have one Judge that does every court and it’s overloaded, the caseloads are very backed up you can just ask Mr. Mascarenas about that.  Franklin County has several.  Bills have been put up and defeated continuously for a Family Court Judge and from what I understand the reason they keep getting knocked down is not because of the Legislature it’s because of the opinion of the Court of Administration and that they say it would cost us a million dollars to have another Judge put here even though I have been working with Judge Meyer and his office and at a maximum estimate the cost to the State would be $400,000 to set up another Chambers.  We already have a court, we have chambers it would just be office material and hiring so I don’t see how that would get any better at all if we just let OCA run everything I mean so.   Those are some of the reasons and what she is doing throughout the State I think or trying to get local governing bodies to weigh in on this consolidation approval proposal. There is a sample resolution in the back of your packet, that was passed out.  So I’d like to make a motion to pass this resolution and then if I can get a second, we can open it for discussion.  I need twelve to allow it on the floor.

 

GARRISON:   Yes.

 

GILLILLAND:  Thank you.  A second, Mr. Merrihew.  Discussion?

 

RESOLUTION #109 – IN OPPOSITION TO 2022 COURT CONSOLIDATION PROPOSAL.

This resolution was moved by Mr. Gillilland, seconded by Mr. Merrihew, and adopted.

 

DOTY:  Mr. Chairman do you know if this direction is a result of different areas of local corruption or I mean, certainly we can identify benefits on each side, certainly all the items you spoke about help us on a local level but I wonder, if an unbiased system has its benefits as well?  I think this is probably premature to say yes or no on it. I’m embarrassed that I haven’t read through this so I certainly would like to be more educated but I understand all your points.  I don’t know how long this process would take?  Is it proposed when they want to adopt this?

 

GILLILLAND:  I know the wheels are in motion with the Chief Judge to do this.  Dan do you have anything?

 

MANNING: I have no idea.

 

GILLILLAND:  It’s a good point Mr. Doty, thank you.

 

HUGHES:  I actually had a chance to do some research on this last night after you sent it out and I appreciate you doing so.  As Mr. Doty stated, there’s pros and cons to either side, for example the New York State BAR Association supports this because they identify through some independent resources and organizations a multi-million dollar waste of money on legal fees, court fees, one family I actually looked it up an article in the New York Times in February that was talking about the overall  process and how one family might go to one Judge and then they’ve got to go to another Judge and it’s just – I think what the reorganization is attempting to do is take the juggernaut of the New York State Court System and try to restructure it in a way that’s a more fair to process.

I’m actually going to vote to support the opposition to this for one reason in that it takes the power of the election out of the people’s hands.  I do not like that. I don’t like taking the power out of people who should be allowed to duly elect their Judges.  This goes with what Mr. Gillilland said to appointment basis and I just don’t feel comfortable with that.  I understand the savings the money, it’s one of those dammed if you do and dammed if you don’t.  I understand the savings of the money.  I understand the desire to reorganize.  I understand the need to revamp but when it takes the power of people and takes a vote out of the equation I can’t stand with that.

 

DOTY:  So the solution would be oversight is on us to fix it.

 

HUGHES:  I think they are just looking for local county government support so that it can go back to the legislature and say yeah, look at all these county governments that are in opposition to it.  At least that’s the way I’m reading it.

 

GILLILLAND: One of the things that we suffer from up here being a very large rural county with only thirty-seven thousand, is we suffer from the ternary of the majority in the state constantly.  What may be good for downstate is terrible for us up here and you know, sometimes you have to be the mouse that roared but that’s the only way we’re going to have representation is by continually voicing our opinion on things like this that, I mean, I understand Judge DiFiore’s issues but they are downstate issues and I think the Adirondackers and the people from Essex County would like to determine their own destinies.  Further discussion?

 

TYLER:  Yeah I just want to say I have sat on this board for a little over six years now and I can see time and time again where the state wants to take more and more control and by taking away the election process that’s just another way for them to take away control.  Who is going to be dictating our services up here legally or our responsibilities up here?  I would not want a Judge from New York City to come here and take care of our problems up here that’s for sure. Thank you.

 

GILLILLAND:  Further discussion?  All in favor, opposed – thank you.  Is there any further business to come before this board?

 

MANNING:  A couple of quick things, the Coroner has asked that we enter into an agreement, a one-year agreement which will probably be renewed every year, relative to, between the counties of Clinton and Essex in the event that either county should need the services of the other county’s coroner this agreement will provide for that.  The only thing, there will be no money exchanged just mileage. Basically this provided for in the County Law 674, it’s allowed and it’s a good thing I feel in the event that one county coroner is not available or our coroner go to Clinton County so I’d ask twelve from the floor, a motion and second.

 

GILLILLAND:  Twelve to allow it on the floor please? 

 

GARRISON:  Yes.

 

RESOLUTION #110 – PURSUANT TO NEW YORK STATE COUNTY LAW §672 AUTHORIZING THE COUNTY OF ESSEX TO ENTER INTO A CONTRACT WITH THE COUNTY OF CLINTON FOR THE MUTUAL PROVISION OF CORONER SERVICES.

This resolution was moved by Mr. McNally, seconded by Mr. DeLoria, and adopted upon a roll-call vote as follows:

AYES:             2700 votes

NOES:                  0 votes

ABSENT:         221 votes     (Wilson, Monty, DeZalia)

 

GILLILLAND: Discussion?

 

HUGHES:  Do we have any concerns; this is probably a dumb question but do we have any concerns of taking advantage of that process?  Or we are reciprocating more than Clinton County is or can we opt to refuse a request if we can’t or are unable to?  I don’t know that we would but?

 

MANNING:  We could put that in the agreement but I don’t know, I think just play it by ear this first year and see how it goes.  I mean you can always so no or they can sue you over this little contract but Clinton County has already sanctioned and passed it the legislature so it’s a good point.  I mean it could be abused but hopefully it won’t be.

 

HUGHES:  I just don’t want to see our hands tied to something and find out –

 

MANNING:  Yes, and just as a side, during the throws of the pandemic we did have an agreement with them because it was very limited scope, I think it was only for like a month or something but we didn’t have any problems there.

 

HUGHES:  I’m sure it will be fine.

 

DOTY:  Is this a result of fewer coroners on each side?

 

MANNING:  Well, I don’t know. Clinton County only has one coroner and right now we have two so the chances that this might happen maybe once or twice a year maybe not even occur.  It probably will happen more honestly with Clinton County since they only have one coroner.

 

DOTY:  And the term?

 

MANNING:  One year.

 

GILLILLAND:  Further discussion?

 

STANLEY:  So it’s essentially a mutual aid agreement?

 

PALMER:  Yes, essentially for coroners.

 

MANNING:  The statue explicitly states that for liability purposes if our coroner would go to Clinton County and make a mistake that’s against our liability and same thing, it’s already been provided for us as far as indemnification liability.

 

GILLILLAND:  Further discussion?

 

DOTY:  I am curious, why no compensation?  Do the coroners know this?

 

MANNING:  It was brought to us by Mr. Heald.

 

DOTY:  Okay I just want to make sure they are in the loop.

 

MANNING: Yes.

 

PALMER:  Yes, they understand.

 

GILLILLAND:  Further discussion?  Being none, roll call please. 

 

MANNING:  Yes, just very quickly, many or most of you have received a grievance compliant, a real property taxation grievance complaint from Time Warner.  I know a few supervisors have contacted me about this, this is basically Time Warner challenging its assessment on its franchise.  You know you’re used to your assessor establishing value on real property, commercial and real property in your town however, Time Warner challenging its assessment on its franchise.  You know you’re used to your assessor establishing value on real property, commercial and real property in your town however, your assessor doesn’t establish that value that’s established by the State so if you’ve been served with one of these, there is an accompanying letter that where you acknowledge service, go ahead and acknowledge service that’s not going to be a big deal.  You are really not a party here you’re just required to be served by law, the party is the State of New York.  This grievance, you are aware that in your town Grievance Day is the fourth of May, this is a similar thing but it happens in New York, down in Albany and between the people in the real property tax service down there and Time Warner so we’re basically not, you have no exposure.

 

HOLZER:  I’m one of the ones you didn’t respond to.

 

MANNING:  I did call you on Friday.

 

HOLZER:  So what happens if we don’t do anything?  If we don’t sign it and return it to them?

 

MANNING: They could charge you for service, the cost of service.  They have to serve you.

 

PALMER: They are going to serve you at some point.

 

MANNING: They will serve you and then you’ll have to pay them.

 

HOLZER:  You have to pay to be served?

 

MANNING: Yes.

 

PALMER: If you refuse to acknowledge.

 

MANNING: In this case, so just sign it and send it back.  Your point is well taken.

 

GILLILLAND: Any further business to come before this board?

 

PALMER:  Just reminder, not this Wednesday but next Wednesday, April 13 the auditor’s will be in this room at 9:00 a.m.  I suggest that you bring your financial people with you and it’s going to be a session on the American Recovery Act funding reporting that’s due at the end of the month.  Hopefully if you have questions they will be able to answer them and give you direction as to how to file and get your report in that’s due at the end of the month.  April 13th at 9:00 a.m.   I’ll send out a notice, or Jude will send out a reminder.

 

GILLILLAND:  Further business to come before the board?  Being none, we are adjourned.

 

            As there was no further business to come before this Regular Board meeting it was adjourned at 10:35 a.m.

 

Respectfully submitted,

 

 

 

Judith Garrison, Clerk

Board of Supervisors