REGULAR BOARD MEETING

Monday, May 2, 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, Stephanie DeZalia, Derek Doty, Shaun Gillilland, Charles Harrington, Roy Holzer, Ken Hughes, Steve McNally, Noel Merrihew, Jim Monty, Tom Scozzafava, Matthew Stanley, Michael Tyler, Davina Winemiller, Meg Wood and Mark Wright. 

Joe Pete Wilson was excused.

 

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

 

Also present:  Bill Tansey, Tom Murphy, Amie Fletcher, Chris Bikowitz, Dan Egglefield Peter Kehoe – NYS Sheriff’s Association and Chris Maron

 

New media present:  SUN – Tim Rowland.

 

 

GILLILLAND:  I will call this regular meeting of the Board of Supervisors to order please and if you will join me with the pledge of allegiance.  Thank you.  Can I have a roll call please, Judy.   Thank you we have a special guest this morning, Peter Kehoe from the New York State Sheriff’s Association and the Sheriff and his staff so I would ask them to please come forward.

 

KEHOE:  Thank you Chairman Gillilland. It’s my great pleasure to be here today with the members of the Essex County Board of Supervisors, County Manager and guests.  It’s my great pleasure to be here on behalf of all the Sheriff’s in New York State to recognize and honor Sheriff Dave Reynolds and the Essex County Sheriff’s Office on the occasion of accreditation of the Sheriff Correction Division.  Less than half of the State’s 62 counties have been able to achieve accreditation in their jail so obviously this is no easy accomplishment and this occasion should then serve as a reminder of something I’m sure you already know is that is you have an excellent Sheriff here and an excellent Sheriff’s Office who are dedicated to pursue excellence in their profession.

I congratulation Sheriff Reynolds, Undersheriff Murphy, Major Feeley and all those who work in the Correction’s Division and the entire Essex County Sheriff’s Office for this achievement which we honor this morning.  I think it’s particularly appropriate that we are doing this here today because today starts national Correctional Officer’s Week and we pause recognize the importance and the difficult work done by our Correction Officers who are general are unsung heroes of the law enforcement system.  They spend a large part of their lives locked up with some of the worse people in our society and they keep us safe from those people but they also keep those people safe from each other and they always must be mindful that some of those people that are charged are actually innocent and they also have to mindful that both the innocent and the guilty are entitled to safe, humane treatment.  It’s a tough job we ask public service to do and we owe them our gratitude for the willingness to do it and to do it right and here in Essex County obviously they do it right as evidence by this accreditation today.

I don’t know if people are generally familiar with the concept of accreditation but you still might reasonably ask, why bother with accreditation? What does it do for me, a citizen of Essex County? Well, definitely not for just another plaque to hang on the wall.  It has many, actual positive benefits we see throughout the State.  It improves the operations and performance of the agency.  It increases moral, employees know that by some objective standard they are doing an excellent job and that somebody is actually taken the time to stop and recognize them for that.  It reduces incidents of liability and lawsuits which I think would be great interest to you folks and most importantly though, it improves the services to the public and it tends to increase the public’s confidence in the public’s institutions and that is why the Sheriff’s Association devotes so much of its time and its resources to our various accreditation programs. 

I’d like to say a few words about the accreditation in the field of corrections specifically.  It’s not something that is available just for the asking, the chief accreditation requires the jail reaches a very stringent set of standards developed by experts in the field of corrections. These standards have 166 individual components and the jail must submit itself to scrutiny by an outside Board of Assessors which reviews the Jails operation to detail to ensure that it meets every one of these demanding standards and I’m happy to report today that the Board of Assessors that reviewed the operations for the Essex County Jail has reported to me that it meets or exceeds every one of those standards.  So, I think congratulations are in order to Sheriff Reynolds and to the men and women of the Essex County Sheriff’s Corrections Division and all the men and women of the Essex County Sheriff’s Office for this significant accomplishment today but I want to say also that congratulations are in order for you, the Essex County Board of Supervisors and the for the citizens of Essex County without your moral support and your financial support this achievement and all the good work that is being done by your Sheriff’s Office for all the citizens of Essex County would not be possible.

Accreditation does not just happen it takes a lot of hard work by a lot of people and the entire staff of the Sheriff’s Correction Division deserves to be recognized and applauded for this achievement.  I particularly want to recognize a few individuals who dedicated a great deal of extra effort and time to the many administrative and operation of details required to demonstrate successfully that your agency is deserving of this accreditation today.  So first of all, I want to congratulate Undersheriff Murphy for all his work on the accreditation project.  Captain Chris Bikowitz which I understand worked on this project, Correction Officer Amie Fletcher and Dan Egglefield, Nurse and congratulations to all the partners in this significant achievement Sheriff Reynolds and Undersheriff Murphy and the men and women of the Corrections Division and the Board of Supervisors and the citizens of Essex County and I want to thank you again Chairman Gillilland for this opportunity to publicly proclaim all the good work that is being done by your Sheriff’s Office here in Essex County and now I’ll ask the Sheriff to receive this plaque recognizing this achievement today.  Sheriff, congratulations to you.

 

REYNOLDS:  I’ll keep this brief.  I just want to thank a few people.  Obviously the Sheriff’s Association and the Assessors, this was a project I wanted to start when I first got into office so it took us four years to make sure we were doing everything the right way and the Assessors whether it was through Black Creek or the different Sheriff’s Offices throughout the State helped guide us to make sure we were doing everything to meet the standards so I want to thank them and I also want to thank these four because they put in, they showed all the work.  Our staff back at the jail does everything the right way and that’s why we can be assessed and have this accreditation because the staff does everything the right way.  These four did all the work to show it so it wasn’t just these four that got us accredited, it was our entire staff so I’m proud to be the Sheriff of the Essex County Sheriff’s Office.  I mean, you guys have a great staff.  I have a great staff, they represent me well and that’s all I have to say.

 

GILLILLAND:  Thank you Sheriff.  Thank you ladies and gentlemen for your hard work and vigilance and perseverance.

 

MONTY: Thank you.  Good job.

 

GILLILLAND:  We will move onto resolutions please.

 

RESOLUTION #111 – RECOGNIZING THE WEEK OF APRIL 10-16, 2022, AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK.

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

 

RESOLUTION #112 – AUTHORIZING TWO (2) LICENSED PRACTICAL NURSE (LPN) POSITIONS AND ONE (1) PER DIEM LICENSED PRACTICAL NURSE POSITION IN THE ESSEX COUNTY SHERIFF’S DEPARTMENT.

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

AYES:             2831 votes

NOES:                  0 votes

ABSENT:           90 votes     (Wilson)

 

RESOLUTION #113 – OF APPRECIATION TO THE ELIZABETHTOWN COMMUNITY HOSPITAL AND CHIEF NURSING OFFICER, JULIE TROMBLEE AND NURSE MANAGER, VICTORIA SAVAGE FOR MANY YEAR OF DEDICATED SERVICE AND PARTNERSHIP WITH THE ESSEX COUNTY SHERIFF’S DEPARTMENT.

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

 

RESOLUTION #114 – OF CONGRATULATIONS TO THE ESSEX COUNTY SHERIFF’S OFFICE AND STAFF ON THEIR ACCREDITATION FROM THE NEW YORK STATE SHERIFF’S ASSOCIATION.

This resolution was moved by Mrs. DeZalia, seconded unanimously and adopted.

 

RESOLUTION #115 – APPROVING THE FINANCIAL ASSISTANCE IN THE FORM OF SALES TAX ABATEMENT TO BE PROVIDED BY THE ESSEX COUNTY INDUSTRIAL DEVELOPMENT AGENCY IN CONNECTION WITH A PROJECT FOR THE PEAKS LAKE PLACID, LLC. 

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

AYES:             2831 votes

NOES:                  0 votes

ABSENT:           90 votes     (Wilson)

 

RESOLUTION #116 – AUTHORIZING THE PURCHASING AGENT TO AWARD BIDS, ISSUE CONTRACTS/AGREEMENTS OR PURCHASE ORDERS.

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

AYES:             2831 votes

NOES:                  0 votes

ABSENT:           90 votes     (Wilson)

 

RESOLUTION #117 – OF CONGRATULATIONS TO LINDA GILLILLAND FOR HER MANY YEARS OF SERVICE TO ESSEX COUNTY CORNELL COOPERATIVE EXTENSION.

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

 

RESOLUTION #118 – AUTHORIZING FOR THE SUBMISSION OF A LETTER OF INTEREST AND REQUESTING $900,000.00 FOR BROADBAND IN ESSEX COUNTY.

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

 

RESOLUTION #119 – AUTHORIZING TO BEGIN THE APPLICATION PROCESS TO FORM A SOLE LAND BANK FOR ESSEX COUNTY.

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

 

RESOLUTION #120 – DECLARING THE MONTH OF APRIL 2022 AS CHILD ABUSE PREVENTION MONTH.

This resolution was moved by Mrs. Winemiller, seconded unanimously and adopted.

 

RESOLUTION #121 – AUTHORIZING BUDGET AMENDMENTS FOR VARIOUS DEPARTMENTS.

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

AYES:             2831 votes

NOES:                  0 votes

ABSENT:           90 votes     (Wilson)

 

RESOLUTION #122 -  AUTHORIZING THE ISSUANCE OF A PERMIT TO LAKE PLACID MARATHON/INSPIRATION SPORTS, LLC FOR THE USE OF COUNTY ROADWAYS FOR THE 2022 LAKE PLACID MARATHON.

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

 

RESOLUTION #123 – AUTHORIZING CONTRACT AMENDMENTS/CHANGE ORDERS IN VARIOUS DEPARTMENTS.

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

AYES:             2831 votes

NOES:                  0 votes

ABSENT:           90 votes     (Wilson)

 

RESOLUTION #124 – AUTHORIZING THE ISSUANCE OF A PERMIT ALLOWING USE OF COUNTY ROADWAYS FOR THE WILMINGTON WHITEFACE 100k MOUNTAIN BIKE RACE TO BE HELD ON SATURDAY, JUNE 4, 2022, UPON APPROVAL OF THE COUNTY ATTORNEY AND WITH THE PROVISION OF INSURANCE.

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

 

GILLILLAND:  Discussion?  I will vote for this if Mr. Holzer rides in it.  All in favor, opposed – carries.

 

GARRISON:  Resolution #125, I put a revision of the resolution title on your desks.

 

RESOLUTION #125 – APPROVING AND RATIFYING THE CONTRACT WITH THE ESSEX COUNTY SHERIFF’S UNIT 6800-01 CHAPTER OF THE CIVIL SERVICE EMPLOYEES’ ASSOCIATION, INC. (CSEA) FOR TERM TO BEGIN UPON FINAL RATIFICATION BY ALL PARTIES IN 2022 AND CONTINUING UNTIL DECEMBER 31, 2025.

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

AYES:             2831 votes

NOES:                  0 votes

ABSENT:           90 votes     (Wilson)

 

RESOLUTION #126 – AUTHORIZING AN INCREASE TO THE PETTY CASH ACCOUNT/CASH DRAWER IN THE ESSEX COUNTY MAILROOM FROM $50.00 TO $1,000.00.

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

AYES:             2831 votes

NOES:                  0 votes

ABSENT:           90 votes     (Wilson)

 

RESOLUTION #127 – PROCLAIMING MAY 2, 2022, AS RAYMOND “BUZZY” WRIGHT DAY IN ESSEX COUNTY.

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

 

GILLILLAND: Just one note on this, at the completion of regular business here if the board would join us at the Buzzy Wright stone out there Mr. Scozzafava will lead the way to it and we will have a reading of the resolution in honor of our Medal of Honor Recipient.

 

RESOLUTION #128 – OF CONDOLENCE TO THE FAMILY OF RICHARD A. GARCIA.

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

 

RESOLUTION #129 – ACCEPTING THE MORTGAGE TAX REPORT.

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

 

RESOLUTION #130 – OF RECOGNITION AND CONGRATULATIONS TO KENDRICK THOMAS PETERS ON ACHIEVING THE RANK OF EAGLE SCOUT.

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

 

RESOLUTION #131 – OF CONDOLENCE TO THE FAMILY OF WILMA ROSE CROWNINGSHIELD.

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

 

GARRISON:  Resolutions from the floor – authorizing submission of an application to the Adirondack Park Agency for a permit relative to T-Mobile’s modification of its antennas and related equipment on Terry Mountain.

 

GILLILLAND:  Twelve to allow it on the floor please?

 

GARRISON:  Yes, we do.

 

RESOLUTION #132 - AUTHORIZING SUBMISSION OF AN APPLICATION TO THE ADIRONDACK PARK AGENCY FOR A PERMIT RELATIVE TO T-MOBILE’S MODIFICATION OF ITS ANTENNAS AND RELATED EQUIPMENT ON TERRY MOUNTAIN.

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

AYES:             2831 votes

NOES:                  0 votes

ABSENT:           90 votes     (Wilson)

 

GARRISON:  Opposing the passage of conservation subdivision design Bill S1145/A4075.

 

GILLILLAND:  Twelve to allow it on the floor please?

 

GARRISON:  Yes, we do.

 

RESOLUTION #133 – OPPOSING THE PASSAGE OF CONCERVATION SUBDIVISION DESIGN BILL S1145/A4074.

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

 

GILLILLAND:  Discussion?

 

McNALLY:  Yes just for people, they should do a little research on this. This bill only applies for the Adirondack Park.  It’s opposed by, I believe all the Legislators in this district.  The Adirondack Park Agency already has these guidelines in their permits.  What this will inevitably will do is it will delay projects for possibly years while they do studies on everything and it’s going to add tremendous costs to any application that wants to go forward.  This bill has been around for years and has not gotten past.  We had Betty kill the bill year after year.  This bill is not a good bill and it’s not being driven by people in the Adirondack Park, it is being driven from people outside the Park that think they know better than what we need up here and any opposition you can give to this bill I would greatly appreciate it.  Thank you.

 

GILLILLAND:  Understood.   If I can make a statement on it too, one you take a look at the bill, this doesn’t just effect our section of the forest area, this effects all the way down to rural use, land use and low density.  So anybody who has an approved land use plan at the APA this supersedes local control in those areas and it essentially one of our most critical issues that we’re looking at right now is low and medium income housing and we’ve been having difficulty with the APA trying to get additional towns within the parks, trying to get additions to their hamlet areas in order to increase housing.  If you wanted to subdivide a piece of property in these areas and stuff in order to do that, in order to get more young people to stay and more housing available this just drives it.  It’s already very expensive for somebody to come and do a project with the APA, that keeps our developers away because they’ve got to pay for architects, they’ve already got to pay for engineers now they are going to have to pay for ecologists to come and do studies and things so this takes, this is land use control by the legislature and by Albany and not by you know, if you can call the APA or a local land use agency; it definitely takes away from the county and the town.  That’s my thought on it.  Any other discussion?

 

DOTY:  Chairman, is this bill a result of problems with huge developments like the Tupper Lake thing that rose to close acceptance and it took 14 years for it to go through?  Why is the legislature continuing to put this up when it’s been shot down so many years in a row?

 

GILLILLAND: We have some environmental groups, one in particular that continues to push and push and push on this to control and has the ear of some Long Island Legislators. This snuck in and went through the Assembly very quickly without much review now it’s before the Senate Encon Committee and our Legislator said, before it was letting our legislators do their job but now they’ve come back and said, we have to react now, we have to react loudly in opposition of this bill in order to stop it.

 

DOTY:  Is there a statement from APA Board of Directors itself?

 

GILLILLAND: The APA because of a Government agency can’t make from the executive, can’t make a statement on a pending legislative view but off the record, they are opposed to this.

 

DOTY:  That’s the reason I asked. Thank you.

 

DELORIA:  Shaun, I’m absolutely supportive of this.  When these two bills first came to the Assembly I objected to them strongly because the Town of Newcomb has their own zoning laws and my recollection was this was over a year ago that if this were to pass, it would actually require us to modify our subdivision regulations and anything in land use, land conservation area would be depleted and you would actually lose the ability to have local zoning and again, my objection I was told to be quiet but that’s not part of my nature so I support this.

 

GILLILLAND: Last year our legislative leadership ask us to let them handle it, this year they came back and said, we need all local Governments to act so that’s where we are.

 

DELORIA: And I will tell you the objection was they never reached out to local Government who had land use controls.  This was one of these Bower over the top moves and they are buddies down there with people who run these committees on Long Island and they know nothing about the Adirondack Park, they are actually brain dead in my opinion but I absolutely support it.  Let’s get this resolution passed.

 

McNALLY:  The APA already deals with this. They have, in the APA act it has a development plan and all you need to know is this is not being driven from anybody in the Adirondack Park except a few green groups and it’s being driven out of Long Island.  If this is such a great bill let the State step up and make this statewide and see what happens.  That would be the end of this bill when people in Long Island can’t subdivide their property or people in the Catskills or people out in Alleghany County, if this is such a great idea why are they going statewide with it?  And the reason is because we don’t have the juice in Albany to defend ourselves, this is being forced down our throat by some green groups and some people from Long Island, that’s all there is to this.

 

GILLILLAND: Further discussion? 

 

MONTY:  I am totally in agreement with this and this is my opinion not the opinion shared with people or anybody.  I really feel there’s certain fashions in Albany and beyond that until we become extinct in the Adirondacks, each community is forced into submission and we become a National Park, this is going to continue and I think the longer we fight the better we can do, more power to us but it’s time to stand up for us.  Again, that’s just my opinion.

 

GILLILLAND:  We are the ones standing in the ramparts of freedom and independence.

 

TYLER:  Did I hear you right, all the towns in the county to also adopt this?

 

GILLILLAND:  Yes, please.

 

TYLER:  No problem.

 

McNALLY:  Also the AATV and the Review Board have addressed this just recently.

 

GILLILLAND:  Further discussion?  All in favor – opposed – carries.  Thank you.

 

HUGHES:  I abstain.

 

GILLILLAND:  Mr. Hughes abstains.

 

GARRISON:  A resolution adopting the revised Title VI policy with the New York State Department of Transportation for the Transportation Department.

 

GILLILLAND:  Twelve to allow it on the floor please?

 

GARRISON:  Yes, we do.

 

RESOLUTION #134 – ADOPTING THE REVISED TITLE VI POLICY WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE ESSEX COUNTY TRANSPORTATION DEPARTMENT. 

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

 

GARRISON:  A resolution providing a twenty (20) year retirement plan with an additional one-sixtieth (1/60) for sheriff, undersheriff and deputy sheriffs whose duties involved at least fifty-percent (50%) criminal law enforcement pursuant to New York State Retirement and social security law sections 552 and 553 under Article 14-b.

 

GILLILLAND:  Twelve to allow it on the floor please?

 

GARRISON:  Yes, we do.

 

RESOLUTION #135 - PROVIDING A TWENTY (20) YEAR RETIREMENT PLAN WITH AN ADDITIONAL ONE-SIXTIETH (1/60) FOR SHERIFF, UNDERSHERIFF AND DEPUTY SHERIFFS WHOSE DUTIES INVOLVED AT LEAST FIFTY-PERCENT (50%) CRIMINAL LAW ENFORCEMENT PURSUANT TO NEW YORK STATE RETIREMENT AND SOCIAL SECURITY LAW SECTIONS 552 AND 553 UNDER ARTICLE 14-B.

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

AYES:             2831 votes

NOES:                  0 votes

ABSENT:           90 votes     (Wilson)

 

GILLILLAND:  Discussion?

 

McNALLY:  Yes, I agree with this.  This is pretty much standard in all counties in the area.  My only concern is with the employment shortage we’re going to be able to attract people to replace these people that we hire within the next couple of years?

 

PALMER:  I think, Dave is shaking his head, I think he feels that he can.  I think probably most of that will move from the Correction Unit up and then we’ll backfill on the Corrections. We seem to be getting quite a lot of action on the Correction side anyways when we put out a test we seem to get quite a few so I think he’s okay.

 

McNALLY:  I support this fully.  I think that these people that work crazy hours and are out dealing with the criminal element I think 20 years is plenty.

 

SCOZZAFAVA: I actually believe that this will work as an incentive to recruit new officers with the 20-year plan.

 

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

 

GARRISON:  That’s all I have.

 

GILLILLAND: Any further resolutions or motions from the floor?

 

TYLER: I don’t have a resolution but you all have the CCE report and I urge you to look through it and if you have any questions or comments or anything please give me a call.  If I don’t have the answer, I will do the best I can to get that answer for you.  Thank you.

 

MONTY:  I’d like to offer a resolution of appreciation to the Essex County Correction Officers in regard to National Corrections Week.

 

GILLILLAND:  Twelve to allow it on the floor please?

 

GARRISON:  Yes, we do.

 

RESOLUTION #136 – OF APPRECIATION AND RECOGNITION TO THE ESSEX COUNTY SHERIFF’S OFFICE CORRECTION STAFF IN HONOR OF NATIONAL CORRECTIONAL OFFICERS WEEK.

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

 

MONTY:  And just a quick reminder that if you haven’t submitted your narrative on your needs, your housing needs within your town please do.  I’m trying to get that put together and finalized.  Thank you.

 

McNALLY:  On your desk I distributed the Adirondack Association of Towns of Legislative dinner for 2022 and also reminder we will be at our conference in Lake Placid on June 5 and June 6.  This fall we had one in Lake George, we seemed to have some really good presenters in attendance and I encourage you and your board members to make this event. There’s some good information and it’s a good time to talk to other legislators. Thank you.

 

GARRISON:  The board normally moves a resolution moving the June regular board meeting to allow supervisors to attend the AATV conference.

 

PALMER:  Yes, we usually do move it for that.

 

GILLILLAND:  Mr. McNally, June 5 and 6th those are the dates?

 

McNALLY:  Sunday and Monday.

 

GILLILLAND:  So what the Clerk of the Board is saying is we will probably need to move the regular board meeting.  I will offer a resolution to shift the regular board meeting to the 7th of June so can I have twelve to allow it on the floor please.

 

GARRISON:  Yes, thank you.

 

RESOLUTION #137 – CHANGING THE DATE OF THE JUNE REGULAR BOARD MEETING FROM JUNE 6, 2022 TO JUNE 7, 2022.

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

 

GILLILLAND:  Anything further to come before the board right now?  Mr. Manning would like to go to executive session so I think first we should go, follow Mr. Scozzafava out for the ceremony and then we could come back so if you would like to announce the reason for the executive session please?

 

MANNING:  Yes I would ask that we go into executive session regarding current litigation involving Romero-Green.

 

THE COMMMITTEE MOVED INTO EXECUTIVE SESSION AT 10:35 A.M.

TO DISCUSS CURRENT LITIGATION INVOLVING ROMERO-GREEN AND

MOVED BACK INTO OPEN SESSION AT 10:59 A.M.

 

GILLILLAND:  I note the time is 10:59 a.m. we are out of the executive session.  No decisions were made in executive session; we are now in regular session.  So, the County Attorney would like to propose a resolution.

 

MANNING:  Thank you Shaun.  I would ask a motion, second and resolution authorizing Essex County through its attorneys to make and offer of judgement pursuant to Federal Rule 68, in the amount of $75,000.00, with respect to the current action brought by Harris A. Romero-Greene.

 

GILLILLAND:  Twelve to allow it on the floor please?

 

GARRISON:  Yes we do.

 

GILLILLAND:  Discussion?

 

SCOZZAFAVA:  Since I’m familiar with the case, I’m going to abstain

 

RESOLUTION #138 - AUTHORIZING ESSEX COUNTY THROUGH ITS ATTORNEYS TO MAKE AND OFFER OF JUDGEMENT PURSUANT TO FEDERAL RULE 68, IN THE AMOUNT OF $75,000.00, WITH RESPECT TO THE CURRENT ACTION BROUGHT BY HARRIS A. ROMERO-GREENE.

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

AYES:             2476 votes

NOES:                  0 votes

ABSENT:           90 votes     (Wilson)

ABSTAIN:        355 votes     (Scozzafava)

 

GILLILLAND:  Thank you.  Anything else to come before this board?  Being none, we are adjourned.

 

            As there was no further discussion to come before this regular board meeting it was adjourned at 11:00 a.m.

 

Respectfully submitted,

 

 

 

Judith Garrison, Clerk

Board of Supervisors