REGULAR BOARD MEETING
Monday,
February 6, 2023 @ 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, Noel
Merrihew, Jim Monty, Tom Scozzafava, Matthew Stanley, Michael Tyler, Joe Pete
Wilson, Davina Winemiller, Meg Wood and Mark Wright. Steve McNally was excused.
Department
heads present were: Angie Allen, Linda Beers, James Dougan, Emily Evatt, Judy
Garrison, Dan Manning, Mike Mascarenas, Mike Diskin, David Reynolds, Matt Watts
and Heather Sheehan.
Also
present: Chelsea Merrihew and Kellie
King.
New
media present: Alana Penny – Sun News
GILLILLAND: I call this regular meeting of the Board of
Supervisors to order and you will join me in the salute to the flag
please. Thank you. Good morning.
We will start with the roll call please.
Thank you. I just want to say
good work to everybody. I know there
were several power outages over the weekend and I had minus 24, I don’t know
what anybody else had. I know you were
colder in North Elba and Wilmington. So,
we came through without any casualties.
Just a
couple quick updates I want to make the board aware of first one, is we got our
solid waste in the Governor’s budget so they didn’t take that away which is a
good thing. That’s about the only good
thing and then I also got a call, myself and Mr. Wright separately actually we
are involved in notification not discussion, with DEC and the APA concerning
the closure of a boat launch on Eagle Lake just near Paradox in the Town of
Ticonderoga. This was essentially they
said that the State land use master plan requires that you can’t have backed in
boat launches you know, put motorized craft into the water on lakes less than a
1000 acres and Eagle Lake is 400 acres so, the residents association there got
extraordinary upset contacted Senator Stec.
He called me and I said I didn’t know anything about it. I was supposed to have a Friday, mid-day
conference with them and it was simply a notification that that’s what they are
going to do. They said this is the
fourth lake in the park they are doing it to.
Essentially they are going to block off that boat launch and so you
can’t back anything down to it and require people to carry their boats into the
water. I said how does this meet ADA requirements and they just, well, our
lawyers say it does and then I asked them, is this simply an administrative
thing or is there some sort of a biological reason we’re doing this because the
residents there have had houses there for a long, long time and have been using
this lake. What’s the urgency of it? And
it was just something that the APA has decided to move ahead with it so if
you’ve guys have got boat launches in lakes less than 1000 acres, you’re going
to be on the list. So, just something to
ponder. I don’t know if we want to go
ahead and send the APA a resolution against it but that’s just an announcement
on that.
I note
at this time, that our Treasurer has arrived so if Mr. Scozzafava wouldn’t mind
joining me up here along with the Treasurer.
Mike Diskin is now the longest serving Treasurer in the history of Essex
County that’s why I wanted to have his grandfather come up here with him. (laughter)
Upon a motion to consider from the floor, and the same appearing proper and
necessary.
Whereas, on December 16, 1847, the New
York State Legislature passed an Act that provided for the election of a county
Treasurer for each County in New York State; and
Whereas, the original term of the office
was for three years; and
Whereas, Essex County’s first elected
Treasurer was Safford E. Hale who took office in 1849; and
Whereas, Essex County has had 18 County
Treasurers; and
Whereas, Michael G. Diskin was elected
to the Office of Essex County Treasurer in 1995. Prior to his election, the longest serving
County Treasurer was Albert Krakes, and attorney from Port Henry, who held the
office for 27 years, having served from 1948 through 1974; and
Whereas, as of December 31, 2022,
Michael G. Diskin has held this office for 28 years and, on January 1, 2023,
Mr. Diskin began his 29th year and 8th term of office.
Be it Resolved, that the Essex County
Board of Supervisors hereby recognizes Michael G. Diskin as the longest serving
Treasurer in Essex County as he begins his 29th year as our Essex
County Treasurer; and
Be it Further Resolved, that this Board
hereby extend their heartfelt appreciation to Michael G. Diskin for his
dedication and service to Essex County.
DISKIN: Tom says I’ve got to say something. I don’t know what to say. Everybody else in the County is smart enough
not to run for this office. You know, I’ve
always just done my job the way thought the way it was supposed to be done and
apparently the people in the county are happy with me.
SCOZZAFAVA: Absolutely.
DISKIN: When Shaun read this, he said 1847 I looked
at Tom and said, I haven’t been here that long have I? (laughter) I didn’t realize what you were saying.
SCOZZAFAVA: The way Mike stayed in office for so many
years is nobody ever knew when he was up.
You would go in and vote on Election Day, you’d see his name there. Even his family didn’t know and he taught me
that secret many, many years ago that’s why I’ve been here so long. When you’re up for re-election, keep your
mouth shut, that’s the end of it.
MONTY: That’s a really hard thing for you to do Mr.
Scozzafava.
SCOZZAFAVA: Yes, it is.
Mike, has done a great job and Mike Connery and I; the Village of
Ticonderoga had just dissolved and we ran into Mike at Stewarts I think in Port
Henry, Ti – I was in Ti? But anyway, we
convinced him to run for Treasurer and it was one of the best moves we ever
made Mike you’ve done a great job. Thank
you.
DISKIN: Tom asked me if I was the longest serving in
New York State and I doubt that very much.
I know at least Treasurers that are still serving that started one year
before me, I’m not sure, there was several Treasurers before that in the past
around the State that was here longer but if I stay long enough maybe I’ll get
that record.
SCOZZAFAVA:
I also should mention, my first meeting here with Mike, was upstairs in those
days, 1986, his dad, Adolf Diskin picked me up in Port Henry and brought me to
my first meeting and we talked about weighted vote the whole time.
MONTY: And we still do.
DISKIN: Thank you.
Thank you very much.
GILLILLAND: We will proceed to resolutions please.
RESOLUTION #19 – AUTHORIZING THE
PURCHASING AGENT TO AWARD BIDS, ISSUE CONTRACTS/AGREEMENTS OR PURCHASE ORDERS.
This
resolution was moved by Mr. Scozzafava, seconded by Mr. Merrihew and adopted
upon a roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
RESOLUTION #20 – AMENDING RESOLUTION NO.
235 OF SEPTEMBER 6, 2022, ENTITLED, “AUTHORIZING THE PURCHASING AGENT TO AWARD
BIDS, ISSUE CONTRACTS/AGREEMENTS OR PURCHASE ORDERS”
This
resolution was moved by Mr. Stanley, seconded by Mr. Holzer and adopted upon a
roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
RESOLUTION #21 – OF COMMENDATION TO SGT.
ROBERT DEFELICE, CORRECTION OFFICERS; JOSH GENIER, WILLIAM ORR, AND COREY COLE
AND MALLERY HANCE, RN FOR THEIR LIVESAVING ACTIONS OF DECEMBER 18, 2022.
This
resolution was moved by Mr. Tyler, seconded unanimously and duly adopted.
RESOLUTION #22 – AUTHORIZING VARIOUS
DEPARTMENTS TO APPLY FOR AND ACCEPT VARIOUS GRANTS.
This
resolution was moved by Mr. Wright, seconded by Mr. Tyler and adopted upon a
roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
RESOLUTION #23 – OF CONGRATULATIONS TO
BRANDON BOUTELLE, ESQ. FOR HIS MANY YEARS OF SERVICE TO ESSEX COUNTY AS PUBLIC
DEFENDER.
This
resolution was moved by Mr. DeLoria, seconded unanimously and duly adopted.
RESOLUTION
#24 – OF CONDOLENCE TO THE FAMILY OF CAROLYN E. GOFF.
This
resolution was moved by Mr. Monty, seconded unanimously and duly adopted.
RESOLUTION
#25 – OF APPRECIATION TO LOIS SAYWARD UPON HER RETIREMENT FROM ESSEX COUNTY
SOIL AND WATER CONSERVATION DISTRICT.
This
resolution was moved by Mr. Tyler, seconded unanimously and duly adopted.
RESOLUTION
#26 – 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: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
RESOLUTION #27 – AUTHORIZING THE ESSEX
COUNTY PURCHASING AGENT TO GO TO BID FOR VARIOUS DEPARTMENTS.
This
resolution was moved by Mr. Scozzafava, seconded by Mrs. DeZalia and duly
adopted.
RESOLUTION
#28 – ACCEPTING, ADOPTING AND PLACING ON FILE POLICIES, PLANS, PROCEDURES AND
ANNUAL REPORTS.
This
resolution was moved by Mr. Hughes, seconded by Mr. Wright and duly adopted.
RESOLUTION
#29 – ESTABLISHING THE DATES AND LOCATIONS FOR THE 2023 HOUSEHOLD HAZARDOUS
WASTE DAY EVENTS IN ESSEX COUNTY.
This
resolution was moved by Mr. Doty, seconded by Mr. Monty and duly adopted.
GILLILLAND:
Discussion?
HUGHES: Small
point or order, I don’t see locations on here.
MONTY: If you
read the next to the last line it says locations to be determined Ken.
HUGHES: I
apologize, thank you.
GILLILLAND:
Further discussion? Being none,
all in favor, opposed – carried.
RESOLUTION
#30 – AUTHORIZING THE RE-CLASSIFICATION OF AN ATTORNEY POSITION IN THE
DEPARTMENT OF SOCIAL SERVICES TO AN ASSISTANT ESSEX COUNTY ATTORNEY POSITION.
This
resolution was moved by Mr. Harrington, seconded by Mr. Merrihew and adopted
upon a roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
RESOLUTION #31 – AUTHORIZING LICENSED
SURVEYOR, ROBERT MARVIN, TO SURVEY A PARCEL OF PROPERTY TAKEN IN TAXSALE
FORECLOSURE, LOCATED IN THE TOWN OF NORTH ELBA, IN THE AMOUNT OF $3,500.00.
This
resolution was moved by Mr. Doty, seconded by Mr. Merrihew and adopted upon a
roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
RESOLUTION #32 – CANCELING AND WAIVING
INTEREST, PENALTIES AND OTHER CHARGES PURSUANT TO REAL PROPERTY TAX LAW,
SECTION 1182, ON A PARCEL OWNED BY NADINE DENNIS.
This
resolution was moved by Mr. Wright, seconded by Mr. Monty and adopted upon a
roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
RESOLUTION #33 – ACCEPTING AND PLACING
ON FILE THE 2022 ANNUAL ACCOUNTING OF MONIES RECEIVED AND DISBURSED BY THE
ESSEX COUNTY CLERK.
This
resolution was moved by Mr. Barber, seconded by Mr. Scozzafava and duly
adopted.
RESOLUTION #34 – AUTHORIZING THE
PERSONNEL OFFICER TO CREATE THE POSITION OF MECHANIC INTERN IN THE DEPARTMENT
OF PUBLIC WORKS – HIGHWAY.
This
resolution was moved by Mr. Monty, seconded by Mr. Stanley and adopted upon a
roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
RESOLUTION #35 – APPROVING THE TEVA NEW
YORK STATEWIDE OPIOID SETTLEMENT AGREEMENT BETWEEN PARTICIPATING SUBDIVISIONS
AND TEVA; THE EXECUTION OF A TEVA NEW YORK GLOBAL PAYMENT OPIOID SETTLEMENT
SHARING AGREEMENT; NEW YORK SUBDIVISION SETTLEMENT PARTICIPATION FORM; TEVA NEW
YORK PREMIUM PAYMENT OPIOID SETTLEMENT SHARING AGREEMENT; NEW YORK SETTLEMENT
ELECTION AND RELEASE FORM; AND ALL OTHER NECESSARY PERTINENT DOCUMENTS REQUIRED
TO SETTLE ESSEX COUNTY’S INTEREST IN THE CURRENT LITIGATION INVOLVING TEVA.
This
resolution was moved by Mr. DeLoria, seconded by Mr. Merrihew and duly adopted.
RESOLUTION
#36 – RECOGNIZING LONG-TERM EMPLOYEES OF ESSEX COUNTY.
This
resolution was moved by Mr. Merrihew, seconded by Mr. Harrington and duly
adopted.
GILLILLAND:
So these would be Bill Whalen of Elizabethtown, Department of Public
Works and for ten years of service, Anna Reynolds of Willsboro, Director of
Community Resources. Our long term
employees are the back bone of this Government so thank you very much for your
service.
RESOLUTION
#37 – APPOINTIING EMILY EVATT, ESQ. AS ESSEX COUNTY PUBLIC DEFENDER.
This
resolution was moved by Mr. Merrihew, seconded by Mr. Scozzafava and adopted
upon a roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
GILLILLAND: Can I have the new Public Defender please
stand up so everybody can see, in case one of these guys needs one.
RESOLUTION #38 – OF CONDOLENCE TO THE
FAMILY OF SUE MONTGOMERY-COREY.
This
resolution was moved by Mrs. DeZalia, seconded unanimously and duly adopted.
RESOLUTION
#39 – AUTHORIZING THE PAYMENT OF $150.00 PER MONTH TO THE TOWN OF NORTH ELBA
FOR THE OFFICE SPACE OF THE ESSEX COUNTY SUPREME COURT JUSTICE, AND THE
AUTHORIZATION OF ENTERING INTO A LEASE FOR THESE PURPOSES FOR A PERIOD OF TWO
YEARS.
This
resolution was moved by Mr. Holzer, seconded by Mr. Tyler and adopted upon a
roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
GARRISON:
Resolutions from the floor, recognizing Michael G. Diskin as the longest
serving Treasurer in Essex County.
GILLILLAND:
Twelve to allow it on the floor please?
GARRISON:
Yes, we do.
GILLILLAND:
Thank you.
RESOLUTION
#40 - RECOGNIZING MICHAEL G. DISKIN AS THE LONGEST SERVING TREASURER IN ESSEX
COUNTY.
This
resolution was moved by Mr. Scozzafava, seconded unanimously and duly adopted.
GARRISON: A resolution authorizing to amend the 2023
Essex County budget in the Health Department to accept opioid settlement funds
for Baby Steps to Bright Futures Program in the amount of $30,000.00; and
opioid settlement funds for ECHO Program in the amount of $20,000.00.
GILLILLAND:
Twelve to allow it on the floor please?
GARRISON:
Yes, we do.
GILLILLAND:
Thank you.
RESOLUTION #41 - AUTHORIZING TO AMEND
THE 2023 ESSEX COUNTY BUDGET IN THE HEALTH DEPARTMENT TO ACCEPT OPIOID
SETTLEMENT FUNDS FOR BABY STEPS TO BRIGHT FUTURES PROGRAM IN THE AMOUNT OF
$30,000.00; AND OPIOID SETTLEMENT FUNDS FOR ECHO PROGRAM IN THE AMOUNT OF
$20,000.00.
This
resolution was moved by Mr. Stanley, seconded by Mr. Barber and adopted upon a
roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
GILLILLAND: Discussion?
MASCARENAS: Just for further explanation, I did ask Linda
to come today if you should have questions about the program she’s proposing
here. These funds are coming from our
opioid settlement funds. Mr. Manning has
been involved heavily in that litigation and it’s kind of an ongoing thing that
keeps happening as the Government settles with some of these pharmaceutical
companies. We currently have about
$150,000 in that account and Linda has proposed usage I think is really good
and appropriate for those funds and we would still have about $100,000, left
over. What we’re trying to do is be real
cautious of not authorizing or allocating funds that we don’t have yet. So, you’re going to see that kind of roll
out. We use these funds to assist the Sheriff’s Department with some of the
enforcement efforts around this issue and now we’re trying to get some of those
funds infused into the Human Services program side. So, if you would like Linda to come we can
absolutely have her come up and talk about those programs or if you feel –
SCOZZAFAVA:
I would offer the courtesy of the floor to Linda. I would like to hear.
MASCARENAS: Okay.
BEERS: So we’re really excited. This is a PILOT program, Universal Home
visiting is something Newborn Universal Home visiting is something that we had
not done. I don’t believe any county in
New York State has really done it successfully.
The State of New Jersey is incorporating right now so what we usually do
for when a baby is born in Essex County we traditionally, pre Covid we have a
very robust maternal child health program but often still risk assessed meaning
we evaluated people we know are high risk maybe a first time mom, maybe a
difficult pregnancy, maybe drug use, maybe income, maybe education those things
are what triggered us to really invite ourselves to ask a mom if she would like
us to come in our home. And I really
have to clarify, not a mom it’s anybody.
We have lots of babies being born.
One out of every five babies in Essex County is being raised by a grandparent
so this program would be for a grandparent, it would be for a dad, it would be
for any caregiver and what we’re hoping to do is to identify every baby being
born in Essex County right in the hospital.
We’re working with UVM in Vermont because lots of our babies are born in
Porter Hospital as well as University of Vermont in Burlington so we’re working
with those two hospitals. We have a very
good system in New York State capturing that and we will be reaching out to
every single mom in Essex County, sorry every new born baby whoever they are
going home with and asking if we can come and support them in their home. This
is considered light touch. It’s only
three visits from birth to probably the first three or four months but in that
time, we can refer to services, we can assess and support parents and if
anything else we can give them packets about what resources there are next year
or the year after, right because a lot of people go, I didn’t know that. I didn’t know there was WIC or I didn’t even
know there was this. So, if we can plant
the seeds in every new family or every new baby being born that’s what we’re
going to do. We have a model in place. New York City has been doing this called, New
Born Baby New York City over a million babies it is risk assessed but you can
image the amount of births in New York City.
We use their model. They’ve been meeting with us. It is based on its numbers and it is a based
model and this is light touch. We do have services in Essex County, we have
ACAP, we have DSS Prevention, and we have a thing called Healthy Families. ACAP has a program, Early Headstart and what
those programs are needing are referrals and unless you can get in the home and
really see what folks need it will really open up a pipeline of services and we
are going to get out in front of it that’s really our hope but I don’t want to
deter any parents that don’t need us.
We are offering this to, there’s no income barrier so what is it that we
can? We can help mom, right? It’s not just always about baby. What does mom need? Postpartum depression has nothing to do with
wealth or anything else and we find that a lot across the board so we are
really going to make ourselves available through a small nitch of people at the
health department. Everybody has been
getting certified and it’s really quite cumbersome in breastfeeding so our
folks are going to be all trained and certified in that. They’ve been going to
classes all through Covid knowing we are going to present this so we’re excited
to get Baby Steps Bright Future off and so much that this week, Thursday, New
York State and the Division of Maternal Child Health has a call with us and
they would like to see if would be a PILOT for the State in rural areas. More to come on that.
And then
the second half on that is the long standing Essex County Heroin Opioid
Coalition. Many people here, Dave
Reynolds, Kristy Sprague and myself, Terri we were the founding fathers or
whatever of that coalition. It is one of
the longest standing opioid coalitions in the State. We really came out early
ahead of it before there was any funding.
There is absolutely no funding to the health department but we kept that
coalition going and this seed money will help.
We are going to try to do an anti-stigma campaign and bring some things
forward in the year ahead and we’ll carry money over if we don’t spend it. So,
that’s what the money is for.
SCOZZAFAVA:
Thank you.
BEERS: Any questions?
MONTY: My question is actually for Mike. Is this $30,000, in addition to the large
check Letitia James brought to us back in the fall?
MASCARENAS: Well, yes and no. What we saw back, way back when it was, was
it last fall or the fall before?
SCOZZAFAVA: It was just before the election.
MASCARENAS: Yes, sir.
You’re right about that so what we’re seeing are continued settlements
coming in Mr. Monty. So, the $30,000 is
an expenditure of funds we already have in place, in house. Currently, prior to
this budget amendment, we have $150,000 that had come in from New York State on
these settlements that are happening. Mr. Manning can tell you that there’s
many more to come and that there’s going to be money in future years. Me, personally, I don’t like to spend money
until I know I’ve got it. So, that’s why
we are trying to roll this out as it comes in and we do have some applications
from other agencies but I felt like Linda’s was worth bringing it at this point
in time knowing what she’s been trying to accomplish over the last couple of
years and giving her the ability to do that.
MONTY:
Absolutely. I’m just glad you didn’t
tell me you weren’t sure the check the State gave us was good.
BEERS: The money is in the coffers.
MASCARENAS:
It’s here. It’s already here.
MONTY:
Thank you.
BEERS: Thanks for giving me the opportunity,
appreciate it.
GILLILLAND:
Thank you. Further discussion? Being none, roll call please. Further resolutions from the board?
HOLZER: Mr. Chairman, I would like to offer a
resolution allowing the Purchasing Agent to go out to RFP/RFQ for the
architectural services for construction of the agricultural and youth building
at the Essex County Fairgrounds.
GILLILLAND:
Twelve to allow it on the floor please?
GARRISON:
Yes, we do.
GILLILLAND:
Thank you.
RESOLUTION #42 – AUTHORIZING THE
PURCHASING AGENT TO GO OUT TO RFP/RFQ FOR ARCHITECTURAL SERVICES FOR
CONSTRUCTION OF THE AGRICULTURAL AND YOUTH BUILDING AT THE ESSEX COUNTY
FAIRGROUNDS.
This
resolution was moved by Mr. Holzer, seconded by Mr. Stanley and duly adopted.
GILLILLAND: Discussion? Being none, all in favor, opposed – carries.
MONTY: I’d
like to offer a resolution opposing the closure of the boat launch in
Paradox. Whether we send it to DEC, the
Park Agency or both. I think it’s just
another ridiculous plan that those agencies have to force, my opinion is to
force residents out of the county.
GILLILLAND: I concur with that Mr. Monty. Yes, Eagle Lake in the Town of
Ticonderoga. Do I have twelve to allow
that on the floor?
GARRISON:
Yes, we do.
GILLILLAND: Thank you. Mr. Monty has made the motion, do I have a
unanimous second? Thank you.
RESOLUTION
#43 – OPPOSING THE DECISION BY THE ADIRONDACK PARK AGENCY (APA) AND THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) REGARDING THE CLOSURE OF THE NEW
YORK STATE BOAT LAUNCH AT EAGLE LAKE IN THE TOWN OF TICONDEROGA, NEW YORK FOR
TRAILERED BOATS.
This
resolution was moved by Mr. Monty, seconded unanimously and duly adopted.
GILLILLAND:
Would you mind assisting the Clerk in writing up that resolution, I’m
sorry the County Attorney.
HOLZER: Could
we also add on the Adirondack Association of Towns & Villages make sure
they are aware of what we are doing here?
GILLILLAND:
I’m taking that on Thursday. I
have a resolution calling for the State of New York to continue to pass through
Affordable Care Act Enhanced Federal Medicaid Assistance or FMAC
money/funds. The Governor’s budget
proposes to cut that off. The financial
impact to all counties in the State of New York is $626 million dollars. The financial impact to Essex County is
$880,000.23, which is a 3% to 4% increase in our levy which allows the State to
go ahead and bust the tax cap for us.
So, this has got NYSAC up in arms, every county up in arms. We are actually in a better position than
most counties Suffolk County, $31 million, Albany County $8 million, some of
our close neighbors here Clinton County $2.25 million, this is unfunded mandate
of a grand scale so it is basically going back to the State and essentially
using the format which I won’t read the whole thing here that NYSAC has
provided. Do I have twelve to allow it
on the floor?
GARRISON:
Yes, we do.
GILLILLAND:
Thank you. I will make the
motion. Do I have a second? Unanimous second, thank you very much.
RESOLUTION
#44 – URGING THE STATE OF NEW YORK TO CONTINUE TO PASS-THRU FEDERAL AFFORDABLE
CARE ACT ENHANCED FEDERAL MEDICAID ASSISTANCE PERCENTAGE (eFMAP) FUNDS.
This
resolution was moved by Mr. Gillilland, seconded unanimously and duly adopted.
GILLILLAND:
Any further business to come before?
MASCARENAS: A
resolution accepting settlement on our FEMA Division of Homeland Security Claim
in the amount of $63,185.53. Essentially
this is accepting the claim that we had during the pandemic. When the pandemic came we had the opportunity
to apply for FEMA for some of those unforeseen expenses that many
municipalities across the country were experiencing. We submitted, at the time we really didn’t
have anything that spelt out in terms of guidelines we kind of submitted
everything that we thought would be an eligible expense. Since then, FEMA has determined what is
eligible, what is not eligible they are asking us to settle at the sixty-three
thousand that I just spoke of. Anybody
who has worked with FEMA, we can certainly deny that and say we want to appeal
that process, it will be years that this will get drawn out over. I feel good about where we’re settling on and
feel like that money can be better utilized today than it can five, six, seven
years from now. We still have some
things outstanding from Hurricane Irene if that tells you how long some of
these things can be drawn out so my recommendation to the board would be to
accept the $63,185.53, that they are offering us at this time.
GILLILLAND:
Do I have twelve to allow that on the floor?
GARRISON:
Yes, we do.
RESOLUTION
#45 – ACCEPTING THE SETTLEMENT OFN THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA) AND DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES (DHSES) CLAIM
IN THE AMOUNT OF $63,185.53.
This
resolution was moved by Mr. Scozzafava, seconded by Mr. Monty and adopted upon
a roll-call vote as follows:
AYES: 2789
votes
NOES:
0 votes
ABSENT: 64 votes (McNally)
WILSON: I just wanted to make other supervisors and
the public aware about cell phone communication. The Town of Keene number 1, leases a site to
Verizon and they’re planning to reduce the amount they are paying us for rent
and the effectiveness of that tower has gone down in the past three years so in
spite of the town working on clearing trees, you know helping the internet
capability so we’re getting worse service, getting reimbursed less and I think
the issue is you know small rural town they have no bargaining power and it is
part of this, chipping away at services to our small towns. The Town of Keene by itself can’t or have no
power to bargain with them and say, well, I’m going to lock you out of this
site if you try and break our deal and pay us this. You know, if we want cell service we take
what we are spoon fed and I’m looking for strategies to deal with this but also
I want to let other supervisors know that without a coordinated effort between
all our towns and our residents and our State Reps we’re, it is going to
continue to erode the service we have let alone add service to areas that
aren’t covered. So you are aware.
MONTY: I think Mr. Stanley has a resolution he wants
to present to us but I really think it’s important for us because if they are
going to do this in Keene guess what where else they are going to do it? They
are going to do it in Lewis. They are
going to do it in St. Armand. They are
going to do it in Chesterfield, in Wilmington, wherever they have a tower. They basically told them, we are reducing it
or we are taking the service out. So,
why isn’t the Public Service Commission all over this? They need to be all over this and I think
that’s what Matt Stanley wants to address.
STANLEY: So I brought this problem up at our Broadband
calls. I brought it up at the Adirondack
Association of Towns & Villages.
Cell phone is a huge issue in Essex County so I’ve been working with Mr.
Hughes and Mr. Monty to sort of craft a resolution that we could pass at the
Board of Supervisors. It’s a little
lengthy but I will still read the whole thing.
So this is a resolution requesting the Public Service Commission to hold
Verizon Wireless accountable for charging for a service they are not
providing.
Whereas, cellular service has become a
valuable and indispensable to the economy and welfare of a community, as
passable roads, landline telephones and electricity; and
Whereas, the Adirondack Park is a
6-million–acre region in New York State known for its expansive forests,
mountainous terrain and remoteness of population centers; and
Whereas, Verizon Wireless is a company
that has made modest gains over the past two decades in improving cellular
connectivity through the Adirondack Park; and
Whereas, Verizon Wireless continues to
oversell service in the coverage area of Essex County as evidenced by modern
and up-to-date cellular telephones showing full bar coverage with less than
ideal download speeds achieved; and
Whereas, cellular calls are being
dropped, text messages are rendered undeliverable, and cellular data/internet
services are more often than not unavailable; and
Whereas, repeated attempts by Essex
County Emergency Services and various town supervisors to contact Verizon
Wireless representatives to describe the service problems has ended with
comments stating the equipment is working as it should and no upgrades are
planned in the service area; and
Whereas, many residents have switched
from landlines to cellular service because it was originally more reliable an
versatile, not to mention more cost –effective especially in emergency
situations; and
Whereas, Verizon Wireless recognizes the
prior stated problems by placing mobile cellular towers around this service
area during the FISU World University Games in the month of January 2023 to
improve reliable service coverage to the area; and
Be it Resolved, the Essex County Board
of Supervisors hereby requests the Public Service Commission to hold Verizon
Wireless accountable for the services they claim they can provide; but by the
account of users in these areas, Verizon Wireless fails to deliver.
GILLILLAND: Do I have twelve to allow it on the floor
please?
GARRISON: Yes, we do.
GILLILLAND: Thank you.
Moved by Mr. Stanley, seconded by Ms. Wood.
RESOLUTION #46 – TO THE PUBLIC SERVICE
COMMISSION TO HOLD VERIZON WIRELESS ACCOUNTABLE FOR CHARGING FOR SERVICES THEY
ARE NOT PROVIDING.
This
resolution was moved by Mr. Stanley, seconded by Mrs. Wood and duly adopted.
GILLILLAND:
Discussion?
SCOZZAFAVA:
We have a Verizon site also in the Town of Moriah. It’s actually located in the former Village of
Port Henry at then the Mayor negotiated with Verizon with the help of Dan
Palmer, this like in 2006 or 2007, we’ve got a 30-year lease with them that’s
non-revocable there’s no reversion clause and we also built in a 3% a year
escalator. So, I don’t know how long
your lease is good for but I do want to give credit to Dan Palmer at the time,
who told me that the changes with technology we want to make sure that we get
this down so they are going to be there for a few years even if they decide to
pull they are still going to pay you.
WILSON: We
are in the same contract.
SCOZZAFAVA: How are they pulling that out?
WILSON: I’m
going to see because yeah we have a 30-year term, so we’ll see.
DOTY: I think
previously I mentioned after our previous discussion on the FISU issues of
upgrading cell service because of ten days of competition and then those mini
towers being taken down, I called Barb Rice, Executive Director of APA and more
or less suggested that this board would soon be looking into this issue. She’s agreed to meet with me and I’m going to
guess, meet with all of us as well. She
said it’s a very complicated issue, it isn’t just a matter of permitting. She
may have some information that could help us all so, I plan to initiate a
meeting with her one on one at least to better understand where we’re going as
far as current laws or maybe where Verizon is going competitive market and what
the overall coverage would be. I believe
it is a complicated issue where we can’t put our finger on any number one
person that is liable. There are a
couple different towers up our way and like Tom was mentioning, those contracts
are set in stone for a number of years so I’m hoping JoePete can find a
solution with any lesser payments but I just wanted you all to know I’m going
to follow through with a meeting with Barb.
WOOD: I think you all should know that AT&T is
doing the same thing. We have three cell
towers at our water tower sites and AT&T started in the spring of 2022,
trying to muscle in a renewal for November 1, 2025, drastically changing things
and they use an outfit called, Black Dot and if you just google Black Dot other
kinds of corporations will come in and tell you what to watch out for and
everything they mentioned is in the letters that we’ve got. We have not come to an agreement. Our town attorney is looking at things but
they want to drastically change things in the future and our Verizon, current
Verizon contract was just re-negotiated two-years ago and already they are
trying to cut everything in half. So, we
are waiting for Team Mobile to come.
SCOZZAFAVA:
We’ve had numerous opportunities to sell our lease and contract,
numerous through the years have contacted us and wanted to give us a cash
payout for it and I guess they use it as a retirement fund or whatever but as
Mr. Monty I’m sure will tell you, him and I have discussed this; it’s the same
with Spectrum, the Public Service Commission in this State is absolutely
worthless, okay? And that’s the fact. There used to be a cable commission I can
recall when cable television first started coming out that oversaw all cable,
they weren’t mixed in with the rest of the mix with the Public Service
Commission and then mysteriously that went away. I’m not sure under whose watch? But you know, we have State Representatives,
Senator Stec, Assemblyman Simpson they should be all over this. They need to be on top of this because we are
losing more and more of our services within the Adirondacks and the only
watchdog that we have hasn’t been a watchdog for a number of years now is the
Public Service Commission. I just don’t
understand how they can sit back and not do anything and allow these services
to get stripped away from us.
GILLILLAND:
Thank you.
WINEMILLER:
Yes, I just wanted to mention that St. Armand has received that same
letter where they are trying to drop the rate that they are paying us monthly
and we did discuss it at our last board meeting and someone was there, a
resident was there and mentioned that Star Link is a new thing out in Loon Lake
and most of you know, Loon Lake is very isolated, very far away, no Internet
and recently I guess this is Elon Musk’s thing threw up thirteen satellites and
now people in Loon Lake have all the Internet dropped in, television, everything
that they can ever ask for and it’s satellite so apparently there’s this new
technology and that’s what’s happening with the cell towers probably as well.
MONTY: Just
briefly, Matt, do we have any Verizon dishes on towers the county owns?
WATTS: Yes.
MONTY: Have
they contacted you about cutting the fees or Dan?
WATTS: Not
that I’m aware of. I haven’t seen
anything yet.
MONTY: And the other thing that Matt eluded to,
these broadband conference calls Stephanie has been on, several supervisors
have been on them; Verizon is invited to these every week and at no time has
Verizon ever shown up on these conference calls yet Charter Spectrum does, DANK
does, SLICK does a lot of your smaller providers are there willing to listen to
us and work with us. The only one that
refuses to show up is Verizon and they are invited every week, to me, that says
a lot.
GILLILLAND: Further discussion on this
resolution? Mr. Stanley, could I ask
that you add to the bottom that this resolution be passed to Senator Stec, Assemblyman
Simpson, Assemblyman Jones and the Governor’s office.
STANLEY:
Absolutely will do.
GILLILLAND: Thank you. No further discussion, all in favor, opposed
– carries. Thank you. Any more business
to come before this board? Thank you
very much. We are adjourned.
As
there was no further discussion to come before this regular board meeting, it
was adjourned at 10:45 a.m.
Respectfully submitted,
Judith Garrison, Clerk
Board of Supervisors