REGULAR BOARD MEETING
Monday,
March 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, Steve
McNally, Noel Merrihew, Jim Monty, Tom Scozzafava, Michael Tyler, Joe Pete
Wilson, Davina Winemiller, Meg Wood and Mark Wright. Matthew Stanley was excused.
Department
heads present were: Angie Allen, Linda Beers, James Dougan, Emily Evatt, Judy
Garrison, Mary McGowan, Dan Manning, Mike Mascarenas, Jack Moulton and Heather
Sheehan.
Also
present: Senator Dan Stec, Assemblyman
Matt Simpson, William Tansey, Michael Corey, Deb Capezzuti, Krista Moran, Jen
Fifield, Shannon Doyle and Margaret Bartley.
New
media present: Alana Penny – Sun News
GILLILLAND: I will call this meeting of the Board of
Supervisors to order and if you would join me if you would join me in the
salute to the flag please. Good morning.
We will go to roll call please. Thank
you. We have some guests this morning. As everybody is aware, we recently lost one
of our own. One extremely dedicated and
extraordinary effective public servant, Sue Montgomery-Corey. A great loss to her family, her town, the
county, the State so this morning we have with us, Senator Dan Stec,
Assemblyman Matt Simpson and if I could also ask Supervisor McNally to come
forward and Mr. Corey, if you would come up here please. We have humble I think words and dedication
to her memory.
SENATOR
STEC: Good morning everyone. I apologize
for my back to everybody here except for Tom.
It’s a beautiful day. This is very unusual for us not to have session on
Monday so we saw the opportunity to be able to join you all today and we were
thrilled that we were able to pull together an opportunity to recognize Sue
with her husband, Mike here. As everyone
knows Sue passed away in January and I certainly don’t need to tell you here in
Essex County her contributions and her significance to her to the history of
the Town of Minerva and Essex County but I had the privilege of working with
Sue early on when I was in the Assembly. She was one of the original Board of Supervisor
members here when I was a freshman in the Assembly and as fate would have it we
found out after she passed we wanted to recognize her with a resolution, that
her daughter Emma, works for a colleague of mine Senator Skoufis down in Albany
and so last week the Senate and Assembly passed this resolution and I had an
opportunity to speak out on the floor. We don’t speak on every resolution on
the floor, if we did we’d do nothing else which depending on your perceptive,
that wouldn’t be a bad idea down in Albany but we had an opportunity to pause
and both myself and Senator Skoufis who is her daughter’s boss were able to
speak on that and certainly I mean, as the first female Supervisor for the Town
of Minerva when a time where female supervisors were even less common than they
are today. She was a trail blazer and
then obviously she went on and did many other things in the community both in
Minerva and Statewide frankly but her passion for her family, her community the
last several years in Indian Lake at the theater, running the theater there we
wanted to pause and recognize her on the Senate floor that was nice but I
thought it was more important to come here to the people that knew her and sent
her to public office and her colleagues here some of you did work with her on
the board and thank her family in particular, Mike who is with us here today
for her service and her legacy here and everything that she’s done for Essex
County and the Town of Minerva and I’ll let Matt say a few words as well.
ASSEMBLYMAN
SIMPSON: I want to thank you all for the
opportunity to be here today. It really
is an honor to recognize someone who, I although I didn’t really know her
personally as I was getting involved in my community her name would pop up all
the time and her public service with the common ground alliance, Town of
Minerva and since then I learned all the wonderful contributions that she has
made to not only the town that she lived in but throughout the Adirondacks and
shaping what the future of the Adirondacks are so it truly is an honor to be
here with you all and recognize her and her family for the time that we had
with her. It’s always a difficult time
to lose somebody who contributed so much to the community but it certainly
gives all pause to think about how we can make contributions to our community
and make a better community for all of us.
So, thank you and I do have a resolution which I would like to present
to Mike.
So I
will pick up here, Whereas the true asset
to our community, Sue Montgomery-Corey was actively involved in Minerva Service
organization in coaching the Minerva Central School’s audacity of the mind team
for 15 years. Furthermore, for the past 8 years she served as Director of the
Indian Lake Theater and whereas, 2003, Sue Montgomery-Corey and her husband
were named citizens of the year and in 2016, she was named the Democratic
Election Commissioner of Essex County. Whereas, protector and supporter of her
family Sue Montgomery-Corey’s wisdom and kindness will greatly be missed by her
community and family. She was an amazing mother, grandmother and care giver to
all those she loved. Therefore, be it
resolved, this legislative body pauses deliberations to mourn the death of Sue
Montgomery-Corey and expresses its deepest condolences to her family and
furthermore be it further resolved, that a copy of this resolution suitably
embossed and be transmitted to the family of Sue Montgomery-Corey. On behalf of Senator Stec and myself.
McNALLY: This is the Essex County resolution of
condolence to the family of Sue Montgomery-Corey. The following resolution was offered by
Supervisor DeZalia who moved this adoption.
Upon the recommendation of the
ways and means committee of this body and same appearing proper and necessary.
Whereas, Sue Montgomery-Corey of Minerva, New York passed away at her home on
January 24, 2023, after a long hard fought battle with cancer.
And Whereas, Sue Montgomery-Corey born
in Potsdam, New York on July 21, 1958, Whereas, she graduated from Northern
Adirondack Central School in 1976, received a BA in Government and
Environmental studies from St. Lawrence University in 1993, received a MS
degree in technical communications from Rensselaer Polytechnic Institute.
Whereas, she moved with her family to
Minerva, New York and in 2003 Sue and her husband became Citizens of the Year
and Whereas, in 2009 Sue became the first female supervisor for the Town of
Minerva and a member of the Essex County Board of Supervisors.
Whereas, Sue was involved in Minerva Service
Organization and became Minerva Central School’s Odyssey of the Mind coach for
15 years; and
Director of the Indian Lake Theater for the past eight years; and
Whereas, Sue
was named Essex County Democratic Election Commissioner in 2016, a position she
held until the end of 2022; and
Whereas, Sue
was an amazing mother and grandmother whose greatest joy was her family; and
Whereas, Sue
Montgomery Corey is survived by her husband, Mike Corey, her daughter, Emma and
her son, Eben (Janine); two grandchildren, Nora and Garreth; and
Whereas, she
is also survived by her mother, Ellen, sisters, Karen and Laurie (Greg) and
brothers, Bill and Tom; and several nieces and nephews; and
Whereas, Sue
Montgomery Corey was a loving daughter, wife, mother, grandmother, sister, aunt
and friend who will be sorely missed but never forgotten.
Be it
Resolved, that the Essex County Board of
Supervisors, Clerk of the Board, County Manager and County Attorney hereby
express and extend their deepest sympathy and condolences to the family of Sue
Montgomery Corey; and
Be it Further
Resolved, that this resolution be spread upon the
minutes of this Board of Supervisors, with a suitably embossed copy thereof to
be forwarded to the Corey family.
This
resolution was unanimously seconded and adopted.
GILLILLAND: Thank you very much. If we could get a round of applause please
for Sue Montgomery-Corey.
Last week several of us went to NYSAC
for the legislative conference, a lot of good things there, lot of good
meetings, lot of bad news coming out of Albany.
I think the highjack of Fmap will go unprosecuted and we’re going to
have to plan for that, the issue of properties that are sold in our tax sales
and having to return the excess to the former owners, NYSAC said they weren’t
getting much traction with the Governor’s office on changing that so other
things of interest in I guess with your discussions with the Senator and the
Assemblyman, you know Senator Stec and Assemblyman Simpson and all the other
defenders of the Alamo are doing their best but it doesn’t look real good this
year so we’re going to have, our long term strategy for Essex County we’re
going to have to bootstrap ourselves and move forward so not much help there.
Anybody else that went to NYSAC, have
any comments?
McNALLY:
Medicaid being shifted down to the county is going to create a hardship
in Essex County and throughout the entire State. This is another one of those the State
reaching into the County’s pocket and it’s inexcusable what they are doing with
this Medicaid.
GILLILLAND: Which is why, I wasn’t here
but it was brought up at the ways and means passing a resolution to ask the
Governor and the Legislature to suspend the tax cap next year because, we are
at $800,000 boost there are counties that have $32 million dollar boost. This $800,000, that kicks right over our tax
cap how are we going to make that up?
So, if we bust the tax cap because the State did this to us, the things
like Herrell-Harring, some DSS programs, things like that we’d lose the funding
for it for busting the tax cap so this is a multi-bladed sword we are getting,
so this is the background in why we are asking for it. We’ll move onto resolutions please.
RESOLUTION
#47 – ACCEPTING, ADOPTING AND PLACING ONF FILE POLICIES, PLANS, PROCEDURES AND
ANNUAL REPORTS.
This
resolution was moved by Mr. Holzer, seconded by Mr. Tyler and duly adopted.
RESOLUTION
#48 – AUTHORIZING THE ESSEX COUNTY PURCHASING AGENT TO GO TO BID FOR VARIOUS
DEPARTMENTS.
This
resolution was moved by Mr. Merrihew, seconded by Mr. Scozzafava and duly
adopted.
RESOLUTION
#49 – AUTHORIZING BUDGET AMENDMENTS FOR VARIOUS DEPARTMENTS.
This
resolution was moved by Mr. Scozzafava, seconded by Mr. Doty and adopted upon a
roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
RESOLUTION #50 – NAMING ESSEX COUNTY AS
LEAD AGENCY FOR THE PROPOSED CONSTRUCTION OF A COUNTY AGRICULTURAL AND YOUTH
CENTER.
This
resolution was moved by Mr. Holzer, seconded by Mr. Wright and duly adopted.
RESOLUTION
#51 – AUTHORIZING APPOINTMENTS TO BOARDS, COMMITTEES AND/OR COUNCILS.
This
resolution was moved by Mr. Hughes, seconded by Mr. Merrihew and duly adopted.
RESOLUTION
#52 – AUTHORIZING CONTRACT AMENDMENTS/CHANGE ORDERS IN VARIOUS DEPARTMENTS.
This
resolution was moved by Mr. Monty, seconded by Mr. Wright and adopted upon a
roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
RESOLUTION #53 – DESIGNATING THE SECOND
WEEK OF FEBRUARY AS AN ANNUAL “SCHOOL COUNSELING APPRECIATION WEEK” IN ESSEX
COUNTY.
This
resolution was moved by Mr. Monty, seconded by Mr. Merrihew and duly adopted.
RESOLUTION
#54 – URGING GOVERNOR KATHY HOCHUL TO DECLARE A STATE OF EMERGENCY REGARDING
THE OVERDOSE EPIDEMIC IN NEW YORK STATE TO REMOVE STATUTORY BARRIERS TO LOCAL
DATA SHARING NECESSARY FOR TIMELY INTERVENTIONS.
This
resolution was moved by Mr. Barber, seconded unanimously and duly adopted.
RESOLUTION
#55 – AUTHORIZING THE PURCHASING AGENT TO AWARD BIDS, ISSUE
CONTRACTS/AGREEMENTS FOR PURCHASE ORDERS.
This
resolution was moved by Mr. Scozzafava, seconded by Mr. DeLoria and adopted
upon a roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
RESOLUTION #56 – AUTHORIZING THE
ISSUANCE OF A PERMIT TO ADIRONDACK SPORTS COUNCIL ALLOWING USE OF COUNTY
ROADWAYS FOR THE WILMINGTON WHITEFACE 100K MOUNTAIN BIKE RACE TO BE HELD ON
SUNDAY, JUNE 4, 2023, UPON APPROVAL OF THE COUNTY ATTORNEY AND WITH THE
PROVISION OF INSURANCE.
This
resolution was moved by Mr. Holzer, seconded by Mr. Barber and duly adopted.
RESOLUTION
#57 – WATER STREET BRIDGE OVER THE BRANCH, ELIZABETHTOWN
PIN
1760.51 - SUPPLEMENTAL AGREEMENT #3
AUTHORIZING
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. Merrihew, seconded by Mrs. DeZalia and adopted upon
a roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
RESOLUTION
#58 – AUTHORIZING A MUTUAL AID AGREEMENT FOR CORONER SERVICES – CORONER.
This
resolution was moved by Mr. Monty, seconded by Mr. Merrihew and duly adopted.
RESOLUTION
#59 – INTRODUCING PROPOSED LOCAL LAW NO. 2 OF 2023, ENTITLED, “ESSEX COUNTY
ROOM OCCUPANCY TAX LAW” CONTINUING THE IMPOSITION OF A HOTEL/MOTEL OCCUPANCY
TAX.
This
resolution was moved by Mr. Doty, seconded by Mr. Tyler and adopted upon a
roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
GARRISON:
We scheduled a public hearing on that for Monday, March 27 @ 11:30 a.m.
GILLILLAND: Thank you.
RESOLUTION
#60 – OPPOSING GOVERNOR HOCHUL’S PROPOSAL TO REQUIRE EXCESS TAX FORECLOSURE
PROCEEDS TO BE RETURNED TO PRIOR OWNERS AND CALLING UPON THE GOVERNOR HOCHUL TO
REMOVE FROM THE 2024 EXECUTIVE BUDGET PART M OF THE ARTICLE VII REVENUE BILLS.
This
resolution was moved by Mr. Scozzafava, seconded unanimously and duly adopted.
RESOLUTION
#61 – AUTHORIZING THE CHAIRMAN OR COUNTY MANAGER TO AMEND THE CHARGEPOINT
ELECTRIC CHARGING STATIONS PRICING FEE TO ADD AN ADDITIONAL FEE FOR THE FIRST
TWO HOURS OF CHARGING VEHICLES AND SET A FLAT RATE FEE OF $2.00 PER HOUR
THEREAFTER TO COVER MAINTENANCE COSTS.
This
resolution was moved by Mr. Harrington, seconded unanimously and duly adopted.
RESOLUTION
#62 – AUTHORIZING FOR SUBMISSION OF AN APPLICATION TO ESTABLISH A LAND BANK
CORPORATION IN ESSEX COUNTY.
This
resolution was moved by Mr. Hughes, seconded by Mr. Monty and adopted upon a
roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
GILLILLAND: Under discussion, Mr. Hughes and Mr. Monty
here, is it worth a motion to table depending on what happens with the
Governor’s proposal to make us pay back the delinquent taxes?
MONTY: Personally, I would like to move this forward
and get our application in. We do have
one property that is ready to go. Yes,
it’s going to hinder us in funding but getting that land bank established I
think is the first huge step and we worked very hard to get to this point and I
would like to see it voted on here myself.
GILLILLAND: In the concept, it seems to me this will
cause some hindrance to what our plans were a little bit I just want to make
sure going forward with the land bank we are going to keep liquid.
HUGHES: Thank you Mr. Chairman. I would support what Mr. Monty just stated
and also add that I feel the further along we are in the process the smarter we
are and the more tools we have at our disposal to make smarter decisions in the
future so I would support moving forward on this.
SCOZZAFAVA:
I’ll support this resolution but as we all know the Governor’s request in
regards to tax sales, if it passes, this is not going to go anywhere and
furthermore, most of the properties we sell at the tax sale, the majority don’t
bring what’s owed so who’s going to make the difference up on that end? New York State going to make up that
difference if we’re owed $10,000 in back taxes and the property brings
$5,000? I mean, so the entire concept
that she’s proposing is ridiculous and you know we have to meet the warrants
every year because the county makes schools whole, the towns, the water
districts, the fire districts it’s just insanity how the heck they ever came up
with this brainstorm is beyond me.
HUGHES: Just a reminder that the Land Bank Act I
think of 2010, New York State’s Land Bank Act does allow the provision of 50%
of those property taxes back to the land banks so there is some remuneration
there.
SCOZZAFAVA:
I don’t disagree with that but then the proposal too, I think Moriah supposed
to build I forget how many new houses for you know, well, they might want to
expand the hamlets before that’s going to go anywhere –
HUGHES: That’s a whole different conversation an
important one.
MONTY: And over the last two years that we’ve been
working on this and talking to several of the land banks across New York State,
majority of them are not shall we say, solvent beucae of that there’s not a lot
of funding that they’ve been able to get but in talking with Nicole
Justice-Green she is pretty confident she can find money for us to move this
project forward and I really think the time is right for us as there is only 35
eligible land banks in New York State which 29 have been awarded. I think it’s time for us to become the 30th
one and get on board and do what we need because not only does this provide an
avenue for affordable housing it helps us in our communities to clean up some
of these blighted lots that may need to be taken down within your communities
therefore, making them more attractive for people or businesses even to come in
and purchase that property but I do agree Tom, her ambitious proposal for
affordable housing which I applaud her for being that ambitious we need to look
at that at a whole other level but I really do think the time is right for this
application.
GILLILLAND:
Further discussion?
McNALLY: It just shows how important it is to have
these auctions as soon as we’re eligible to have these auctions to stop the
tenants to carry on for two or three years.
GILLILLAND: We almost got there but Linda Beers kicked us
back. (laughter) Further
discussion? Being none, roll call please.
RESOLUTION #63 – AUTHORIZING THE
ISSUANCE OF A PERMIT TO ADIRONDACK SPORTS COUNCIL ALLOWING USE OF COUNTY
ROADWAYS FOR THE WILMINGTON WHITEFACE WHISKEY 5K AND 10K RUN/RACE TO BE HELD ON
SATURDAY, JUNE 17, 2023, IN THE TOWN OF WILMINGTON, UPON APPROVAL OF THE COUNTY
ATTORNEY AND WITH THE PROVISION OF INSURANCE.
This
resolution was moved by Mr. Holzer, seconded by Mr. Merrihew and duly adopted.
RESOLUTION #64 – ADOPTING THE 2023 LAKE
CHAMPLAIN LAKE GEORGE REGIONAL PLANNING BOARD BUDGET.
This
resolution was moved by Mr. Harrington, seconded by Mr. Barber and adopted upon
a roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
RESOLUTION
#65 – AMENDING ESSEX COUNTY’S PROCUREMENT POLICY TO COMPLY WITH THE FEDERAL
GOVERNMENT’S UNIFORM GUIDANCE FOR PROCUREMENT, SUSPENSION AND DISBARMENT
PURSUANT TO 2 CFR PART 200, SUBPARTS A THROUGH F.
This
resolution was moved by Mr. Scozzafava, seconded by Mr. Merrihew and adopted
upon a roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
RESOLUTION #66 – RECOGNIZING LONG-TERM
EMPLOYEES OF ESSEX COUNTY.
This
resolution was moved by Mr. Monty, seconded unanimously and duly adopted.
RESOLUTION
#67 – IN SUPPORT OF SENATE BILL S30 AND ASSEMBLY BILL A3086 TO AMEND THE FAMILY
COURT ACT, IN RELATION TO ESTABLISHING A SEPARATE OFFICE OF JUDGE OF THE FAMILY
COURT FOR THE COUNTY OF ESSEX.
This
resolution was moved by Mr. DeLoria, seconded by Mr. Tyler and adopted upon a
roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
RESOLUTION #68 – OPPOSING NEW YORK
STATE’S DIVERSION OF ENHANCED FEDERAL MEDICAID ASSISTANCE PERCENTAGE (eFMAP)
FUNDS FROM THE COUNTY OF ESSEX TO NEW YORK STATE AS PRESENTED IN THE GOVERNOR’S
PROPOSED 2024 STATE FISCAL YEAR BUDGET AND URGING NEW YORK STATE TO SUSPEND THE
IMPOSITION ON THE NEW YORK STATE TAX CAP FOR ESSEX COUNTY FOR FISCAL YEAR 2024
UNITL THESE MONIES HAVE BEEN RESOTRED TO ESSEX COUNTY.
This
resolution was moved by Mr. Merrihew, seconded unanimously and duly adopted.
RESOLUTION
#69 – AUTHORIZING THE PAYMENT TO STAFFORD, OWENS, MURNANE, KELLEHER, MILLER,
MEYER & ZEDICK, PLLC IN THE AMOUNT OF $9,541.63, TO COME FROM 2022
CONTINGENCY ACCOUNT AS AND FOR PAYMENT OF LEGAL EXPENSES REGARDING A
DISCIPLINARY MATTER.
This
resolution was moved by Mr. Wright, seconded by Mr. Barber and adopted upon a
roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
RESOLUTION #70 – OF CONGRATULATIONS TO
GERALD PIERCE UPON HIS RETIREMENT FROM THE TOWN OF ESSEX.
This
resolution was moved by Mr. Hughes, seconded unanimously and duly adopted.
GARRISON:
Resolutions from the floor, authorizing the purchasing agent to award a contract
with the Law firm of Bond, Schoeneck & King, to review and update the Essex
County Personnel policy manual, in the amount of $20,000.00.
GILLILLAND:
Do we have twelve to allow it on the floor?
GARRISON: Yes, we do.
RESOLUTION
#71 - AUTHORIZING THE PURCHASING AGENT TO AWARD A CONTRACT WITH THE LAW FIRM OF
BOND, SCHOENECK & KING, TO REVIEW AND UPDATE THE ESSEX COUNTY PERSONNEL
POLICY MANUAL, IN THE AMOUNT OF $20,000.00.
This
resolution was moved by Mr. Monty, seconded by Mr. Hughes and adopted upon a
roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
GARRISON: A resolution authorizing and adopting the
municipal expenditure of Essex County Occupancy tax revenues.
GILLILLAND:
Do we have twelve to allow it on the floor?
GARRISON: Yes, we do.
RESOLUTION #72 - AUTHORIZING AND
ADOPTING THE MUNICIPAL EXPENDITURE OF ESSEX COUNTY OCCUPANCY TAX REVENUES.
This
resolution was moved by Mr. Hughes, seconded by Mr. Barber and duly adopted.
GILLILLAND:
Discussion?
WINEMILLER: I just have a question for Mr. Mascarenas,
were you able to fill the budget proposal we requested?
MASCARENAS: No, not yet but I’m confident they will give
it to me. We’ll get it.
GILLILLAND: Further discussion?
HUGHES:
I would like to express my gratitude to County Manager Mascarenas for putting
this together. It is so very helpful to
delineate and exactly how this money can be used and for us small towns in the
county, super grateful for the guidance and for the formula.
MASCARENAS: Thank you.
I’m glad it’s helpful.
DEZALIA: As a member of the ROOST board I’ll see what
I can do about that on Thursday night meeting.
MASCARENAS: That would be helpful. We have a solution.
GILLILLAND: Further discussion? Being none, all in favor – opposed – carried.
GARRISON: A resolution adopting a home rule request for
enaction and adoption by the New York State Assembly of Assembly Bill A04976
and enaction and adoption by the New York State Senate of Senate Bill S4072 to
extend the authorization granted Essex County pursuant to NYS tax law section
1210(i)(36) to impose an additional one percent (1%) of sales and compensating
use taxes for the period beginning December 1, 2023 and ending November 30,
2026.
GILLILLAND:
Do we have twelve to allow it on the floor?
GARRISON: Yes, we do.
RESOLUTION #73 - ADOPTING A HOME RULE
REQUEST FOR ENACTION AND ADOPTION BY THE NEW YORK STATE ASSEMBLY OF ASSEMBLY
BILL A04976 AND ENACTION AND ADOPTION BY THE NEW YORK STATE SENATE OF SENATE
BILL S4072 TO EXTEND THE AUTHORIZATION GRANTED ESSEX COUNTY PURSUANT TO NYS TAX
LAW SECTION 1210(I)(36) TO IMPOSE AN ADDITIONAL ONE PERCENT (1%) OF SALES AND
COMPENSATING USE TAXES FOR THE PERIOD BEGINNING DECEMBER 1, 2023 AND ENDING
NOVEMBER 30, 2026.
This
resolution was moved by Mr. Merrihew, seconded by Mr. Monty and adopted upon a two-thirds roll-call vote as follows:
AYES: 3624
votes
NOES:
0 votes
ABSENT: 267 votes (Stanley)
GILLILLAND:
Discussion? This requires a 2/3
vote.
MANNING: Yes,
that’s what I was going to say this requires a 2/3 vote and I would like to
extend our thanks to Senator Stec and Assemblyman Simpson for their work. They
are always very helpful in pushing these extenders through for us a very
important revenue piece to sales tax.
GILLILLAND: Further discussion? Being none, a roll call please.
GARRISON: A
resolution authorizing the County Chairman or County Manager to execute an
agreement with the New York State Department of Transportation for snow and ice
control services, as needed, for the period July 1, 2022 through June 30, 2027.
GILLILLAND:
Do we have twelve to allow it on the floor?
GARRISON: Yes, we do.
RESOLUTION
#74 - AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE AN AGREEMENT
WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR SNOW AND ICE CONTROL
SERVICES, AS NEEDED, FOR THE PERIOD JULY 1, 2022 THROUGH JUNE 30, 2027.
This
resolution was moved by Mr. Barber, seconded by Mr. Merrihew and adopted upon a
roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
GILLILLAND:
Discussion?
HUGHES: I
just want to understand that this means that the State would plow, sand and
salt our county roads? No?
MASCARENAS:
Yeah, basically we have these agreements and locally you’ll see some of
our guys removing snow from Main Street here, you guys do it sometimes on your
town roads for the State allows you to get that reimbursement back from the
State, it allows us to get that reimbursement back from the State when we do
work for them on such items.
HUGHES:
That’s a flip on what I said.
Okay, perfect. Thank you.
GILLILLAND:
Further discussion? Being none,
roll call please.
GARRISON: A
resolution requesting home rule legislation from the State of New York to amend
NYS public officer’s law section 3, providing for assistant public defenders
and assistant social services attorneys for the county of Essex to reside in
Essex County or an adjoining County within the State of New York.
GILLILLAND:
Do we have twelve to allow it on the floor?
GARRISON: Yes, we do.
RESOLUTION
#75 - REQUESTING HOME RULE LEGISLATION FROM THE STATE OF NEW YORK TO AMEND NYS
PUBLIC OFFICER’S LAW SECTION 3, PROVIDING FOR ASSISTANT PUBLIC DEFENDERS AND
ASSISTANT SOCIAL SERVICES ATTORNEYS FOR THE COUNTY OF ESSEX TO RESIDE IN ESSEX
COUNTY OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK.
This
resolution was moved by Mr. Tyler, seconded by Mr. Wright and adopted upon a two-thirds roll-call vote as follows:
AYES: 3624
votes
NOES:
0 votes
ABSENT: 267 votes (Stanley)
GILLILLAND:
Discussion? Any questions on this
one? Alright, being none roll call
please. This also requires two-thirds
vote.
GARRISON:
That is all I have.
GILLILLAND:
We have one from the floor from the Health Department, County Manager.
MASCARENAS:
Authorizing the purchasing agent to award a contract with PlanStreet,
Inc., 220 Lexington Green Cir, Ste 110, Lexington, KY for case management
software as per attached to come from Baby Steps for Bright Futures. Any additional work not identified in the
allotted hours will be billed at the following rate – this is going to be a
contract not to exceed $18,000 for the Public Health Department and the funds
that we are going to use for that is from the Opioid settlement money that you
so generously allocated to that at last month’s meeting so this is just a belt
and suspenders so Linda can get that program up and running.
GILLILLAND:
Twelve to allow it on the floor please?
GARRISON: Yes, we do.
RESOLUTIONI
#76 – AUTHORIZING THE PURCHASING AGENT TO AWARD A CONTRACT WITH PLANSTREET
INC., FOR THE ESSEX COUTNY HEALTH DEPARTMENT, FOR CASE MANAGEMENT SOFTWARE, IN
THE AMOUNT OF $18,000.00
This
resolution was moved by Mr. DeLoria, seconded by Mrs. DeZalia and adopted upon
a roll-call vote as follows:
AYES: 2652
votes
NOES:
0 votes
ABSENT: 201 votes (Stanley)
GILLILLAND: Anything further to come from the floor?
McNALLY: Yes, a resolution issuing an RFP for architect
engineering for the county agriculture and youth center in Westport, New York.
GILLILLAND:
Twelve to allow it on the floor please?
GARRISON:
Yes, we do.
RESOLUTION #77 – AUTHORIZING THE
PURCHASING AGENT TO GO TO RFP FOR ARCHITECTURAL SERVICES FOR THE COUNTY
AGRICULTURAL AND YOUTH CENTER.
This
resolution was moved by Mr. McNally, seconded by Mr. Holzer and duly adopted.
GILLILLAND:
Discussion? Being none, all in
favor, opposed – carried.
SCOZZAFAVA: A
couple things, first I’d like to just take a moment and talk about Sue. I served with Sue on this board. She came on in 2009, and she asked me and
those were the days when people reached across the aisle and worked with one
another and she actually at that time, Lake Champlain Bridge had been closed,
Moriah Shock 2010 had been closed and Sue and I went down to Albany and I
thought I knew a lot of people until I got in Albany with Sue. She knew a lot of people. She was instrumental when Cuomo ran the first
time. She brought him to Port Henry New
York. She had Tom Dinapoli our New York State Comptroller in Port Henry, New
York. She did a great job at the Board of Elections maybe I’m the only one left
around here, Dan would remember but I can remember when the Board of Elections
was just constant turmoil between the Republicans and the Democrats. Sue got in there and worked with our
Republican Commissioner also and brought that operation back together once
again. She was highly respected
throughout the State of New York. It
didn’t matter to her if you were Republican, if you were Democrat if there was
something she could do to help you she would reach out to you and try to help
you and we were blessed in having that woman, she was just a great lady.
GILLILLAND: Thank you.
SCOZZAFAVA: I
want to move a resolution, Dan and Matt are here. I know they introduced a bill
on and we had some conversations about this early on in regards to property tax
being paid on closed correctional facilities not just Moriah, across the State
of New York. As we know, as they close
these correctional facilities down it’s a tremendous economic hit to those
communities, we lose a number of jobs even though they say the jobs transfer
regardless of how you look at it you still lost one hundred plus jobs out of
that community and right now the State of New York pays zero in property tax on
these facilities. They pay absolutely
nothing. So, it still wouldn’t replace
having those jobs back again but it certainly could be a help if and fact they
were to pay their share of property tax.
If a company closed tomorrow in Moriah and pulled out they still pay
property tax on that property for as long as they own it. So, I don’t know if there is bills numbered
but I certainly would like to do a resolution here today from this board
supporting this bill that I believe has been introduced to the Assembly and the
Senate. I would move that.
GILLILLAND:
Twelve to allow it on the floor please?
GARRISON:
Yes, we do.
RESOLUTION
#78 – IN SUPPORT OF SENATE BILL S2745 AND ASSEMBLY BILL A4937 REQUIRING THE
STATE OF NEW YORK TO PAY TAXES ON THE ASSESSED VALUE ON PROPERTIES OF CLOSED
STATE PRISONS.
This
resolution was moved by Mr. Scozzafava, seconded unanimously and duly adopted.
SCOZZAFAVA:
And the other I had is congratulations to the Girls Varsity Cheerleaders
Section VII champions.
GILLILLAND:
Twelve to allow it on the floor please?
GARRISON:
Yes, we do.
MONTY: Would
they be from Moriah Tom?
SCOZZAFAVA:
Moriah.
RESOLUTION
#79 – OF CONGRATULATIONS TO THE MORIAH CENTRAL SCHOOL GIRLS CHEERLEADING TEAM
FOR WINNING THE SECTION VII CHEERLEADING CHAMPIONSHIP.
This
resolution was moved by Mr. Scozzafava, seconded unanimously and duly adopted.
SCOZZAFAVA: And the other is the Moriah Boys section VII
Varsity Basketball champions. I’d like
to move congratulations to the Varsity team.
GILLILLAND:
Twelve to allow it on the floor please?
GARRISON:
Yes, we do.
RESOLUTION #80 – OF CONGRATULATIONS TO
THE MORIAH CENTRAL SCHOOL BOYS VARSITY BASKETBALL TEAM FOR WINNING THE SECTION
VII, CLASS C CHAMPIONSHIP.
This
resolution was moved by Mr. Scozzafava, seconded unanimously and duly adopted.
WOOD: I also would like to move a resolution of
congratulations to the Schroon Lake Wildcats for their Section VII Class D Boys
Championship.
GILLILLAND:
Twelve to allow it on the floor please?
GARRISON:
Yes, we do.
RESOLUTION #81 – OF CONGRATULATIONS TO
THE SCHROON LAKE CENTRAL SCHOOL BOYS VARSITY BASKETBALL TEAM FOR WINNING THE
SECTION VII, CLASS D CHAMPIONSHIP.
This
resolution was moved by Mrs. Wood, seconded unanimously and duly adopted.
GILLILLAND: Anything else from the floor?
DOTY: I’d like to move to an executive session.
GILLILLAND: Executive session to discuss?
MANNING:
Legal advice with respect to Golden Ring?
DOTY: Yes.
GILLILLAND:
Moved by Mr. Doty, second by Mr. McNally.
THE
COMMITTEE MOVED INTO EXECUTIVE SESSION AT 10:45 A.M.
TO DISCUSS LEGAL ADVICE WITH RESPECT TO GOLDEN
RING
AND RETURNED BACK INTO OPEN SESSION AT 11:14
A.M.
GILLILLAND: I note the time is 11:14 a.m. we are out of
executive session, no decisions were made.
We are back in regular session at this time. Is there any more business to come before
this board?
HARRINGTON: Yes, several months we voted to do an RFP in
regards to having code enforcement moved to county. I’m wondering where we are on that?
MASCARENAS: Okay, so I’m glad you asked. It was back in September of last year I went
back and did the research on this when this board authorized us to go out to RFP
on this. We’ve done a lot of research on
this and the thing that we’re struggling with is we don’t really have a
commitment from any one town that saying that they want to utilize a contract
to do codes so when I put that RFP out on the street it’s impossible for
somebody to respond to that not knowing what they are committing to. So, are they committing to Elizabethtown,
Moriah, North Elba, Ticonderoga if so, they are going to need seven employees
or whatever that may be right and how do I know what I am hiring for? So what we’re struggling with is defining the
amount of work somebody is going to have under a contract in that scope. So what we’ve done instead Mr. Harrington is
we’ve developed a template that any community could put out on their own. So we do have an RFP ready to go, if you feel
like you need to go out to RFP for that we would just plug in your data in
Crown Point and that would hit the street.
Unless there are some of you that are ready to roll with it and I can
define it better so a company knows what they are bidding on then I can’t
define the RFP real well.
McNALLY: This isn’t for zoning this is for building
codes right?
MASCARENAS:
You all have a different idea of what you want and need.
McNALLY: Because building codes, counties do handle
building codes in other counties.
MASCARENAS: Sure they do.
McNALLY: The zoning is very difficult because everyone
has their own zoning but everyone uses the same building codes.
MASCARENAS:
Some of you were looking for enforcement while others were looking for
permitting and anything in there in between so it’s hard to define it based on
each individual town.
SCOZZAFAVA: The initial discussion was for code
enforcement, building permits, property maintenance coverage, use and I’ve had
some discussion with my town board and we certainly would sign onto it. Our code enforcement officers, we have two,
one is getting ready to retire, the second one is close behind him and it’s
like trying to find somebody to run for Assessor, try and go find a Code
Enforcement Officer it’s very difficult to do. The biggest issue that I’ve seen
is you’re supposed to have NYS uniformed building and fire codes and let me
tell you we are far from especially in my line of work, who works with contractors
doing electrical and so on, the codes in this county are all over the board it
depends on who you are and who your inspector is. I’m sure we’ve all heard, if they can do it
that way in Crown Point and we can’t here, they can do it that way in Moriah
but not here, so I certainly feel that my community would support it. Combined right now we pay probably $30,000 a
year for two code enforcement officers who work part time so I mean, and I
understand what you’re saying Mike we can’t do a commitment until we have a
commitment, this body here you have to wear both hats here, until we have a
commitment from how many towns are going to sign up for this if and fact we do
go out there and start doing uniformed codes?
Or are we going to contract with each one of these individual
communities before we can have any kind of a handle on how many people we would
even need to hire.
HARRINGTON: Yes, Crown Point has had a code enforcement
that was totally, totally ineffective.
We now have a Code Enforcement Officer that is doing a superior job,
that having been said, we can’t be assured that he is going to stay so even
though we are very happy with that person I would want to have something in
place that is more secure. So, I would
want to move forward with this.
MASCARENAS:
I certainly understand so if you’re ready to move forward regardless of this
individual we would need for the Town of Crown Point put that as your data
information on your properties and I can send that to you and what that looks
like so somebody knows what they are actually responding to in an RFP and
knowing that they can commit those resources to your community but I’m a person
bidding on that and it’s a just in case I’m probably not going to respond,
right? So, you’re on contract just in
case we need someone is kind of tough for somebody to respond to.
HOLZER: So, Tom, back in the day didn’t the county
have an actual Code Enforcement Department?
SCOZZAFAVA: When I came on board we had countywide code
enforcement. McDougal, I think his name
was, he was the head of it. We had a guy
from Keene, I can’t remember his name.
Wilmington, he was an electrical inspector but it was a good program. Unfortunately, what happened at the time, in
my opinion I was here is that the politics got involved so in other words, the
County guy went down in Moriah and started to enforce codes and then your
constituents called you up and said, what the heck is he doing here? We should
be doing our own codes. That unfortunately,
we did away with the Code Enforcement Office.
HOLZER:
So, wouldn’t this be a revisit to that then because I’m not sure what Mike is asking
where you are just getting the data from one individual town makes sense?
SCOZZAFAVA: I mean all have, because we just had to file
with New York State all of our Code Enforcements and all of our Building
permits and so on that we’ve issued in 2023, so we should but I would think to
move forward on this I think we should ask for a resolution or Mike could
really do it or Shaun from each town board to see how many would support this
concept and if your town board supports it then great, if they don’t, they
don’t at least we’ve got some numbers here to work with. Some towns, I can’t see us taking on a town like
North Elba, we’ll take all the money they will give us but we don’t want to do
code enforcement.
DOTY:
You back at that again?
SCOZZAFAVA: But I can tell you that it is something that
is desperately needed. Other counties do
it. Clinton County they do all property
maintenance I believe. I think they do
it right from their Sheriff’s Department.
WINEMILLER: Has anyone looked into if it’s legal to hire
a company to perform code enforcement for a town? Because I did reach out to the Comptroller’s
office and I was told that that was not acceptable.
MASCARENAS:
I stole the RFP so it’s not nothing I made up, it was out there so I am
assuming that it’s okay. Others have
done it but I guess we can certainly look into that.
WINEMILLER: If it’s county wide I think that is different
but if it’s not county wide then it is something else and that was what I was
told so I would just suggest that we just verify that this is acceptable prior
to moving forward.
GILLILLAND: It might be, it’s an employee issue.
DELORIA:
I know that there are some towns that probably will buy into this but I know of
other towns that absolutely won’t. My
thought is Mike, why not a survey something you can send out to the Board of
Supervisors and say, okay, this is what the concept plan is how would that fit
you? I know my code guy, he is going to
age out so I’m looking for another individual that I can bring onto this level
maybe zoning and planning and certify them but we just spent all this money
sending him to these classes and stuff which are required a certain number of
hours each year so I’m thinking a survey.
GILLILLAND: I went three months without a code
enforcement officer which was hell and the State, if you don’t have one the
State is required to provide those services but the word required is not in the
lexicon of the State except telling somebody else to do something but I just
hired a guy, I went out on Indeed and brought him up from Atlanta and he’s I
think 27 years old and he came with all these National certifications and stuff
and brought him up here and we pay him $63,000, so I probably don’t want to get
rid of my guy anytime soon unless he goes somewhere else but maybe if we’re
taking a look at this exceptional kind of like looking because I think
eventually, this is the way it’s going to go.
Little towns can’t hire these kind of people at the rates that some of
these people, that get the qualifications to get hired in Glens Falls,
Queensbury you know those kinds of areas so if we go ahead like you said, with
this survey get a core group of towns that are willing to try it and see if it
works and make it expansible after that.
MONTY: I guess my question which will be the first
one my board asks me is going to be, number one, costs? Then you’ve got to factor in does a community
such as Newcomb may only get X number of requests for building permits and
stuff are they going to be paying the same as the town of North Elba who
probably has the most or Moriah? So
those things would have to be proportionate to the size of the community, the
number of permits issued, the number of inspections and stuff and my second
part of that is, can’t we just have Jim do it?
MASCARENAS: No.
MANNING:
Another option is don’t have the county do it.
I mean, we play a role in putting out an RFP but the towns that want to
group together and hire code people, do it by inter municipal agreement that
gets by what Davina has stated, what the Comptroller has stated that the county
can’t do it. I think I understand why if
you’re just doing it in bits and pieces you are not providing a county wide
service so the towns could enter into a inter municipal agreement with one or
more or many code enforcement officers and then each town would pay a different
amount depending on whatever data you want to use to make it far with population
or look at past records or whatever rather than the county get involved.
MASCARENAS: For me, the county is supporting the
communities with support on a contract and is obviously easier. I don’t have to build a whole new office of
code enforcement individuals. I don’t have to find money that doesn’t exist in
the current budget to do this. So there
is a lot of logistics that we would have to figure out in terms of startup of a
whole new office that isn’t going to meet your needs probably quickly for
sure. You’ve seen how this EMS thing,
we’re still getting to where we are finalizing that and got a good plan for
that but any adjustment to our current planning is certainly going to have an
impact on your budget moving forward.
GILLILLAND: It’s a great idea but when you’re talking
about codes and stuff from experience, you run into a cultural issue. Essex and Willsboro did this. We provided a
day and a half a week to provide to the Town of Essex but the cultural
difference between buildings in Essex and buildings in Willsboro was
significant enough that the whole thing fell on its face because it was just as
Tom was describing here is this guy coming from the milling town coming down
and telling us how to do our business and sparks started to fly right
away. It’s just, to do that it would
take some significant intervention by the supervisors involved in this
consortium for this to work.
SCOZZAFAVA: In my opinion anyway, I think Charlie
probably also, I mean, one of the toughest issues that we have to deal with
that I’ve dealt with it isn’t so much going out issuing permits for a building
when somebody constructs a new building, you want a new addition and so on,
property maintenance is the issue. That’s the elephant in the room here and
it’s very difficult to enforce. You go
out you enforce it as Dan you know you’ve got to do all the right paperwork,
I’ve got two burned out buildings right now, you don’t have the tools at your
disposal to deal with all of that unless you go out and get an attorney and
hire an attorney. Bill Tansey has helped
us out on some of these issues through the county but that’s, correct me if I’m
wrong, that’s what I feel is the real issue here are property maintenance
codes. That’s the issue. Clinton County it’s my understanding,
currently has one of their deputies I’m
not sure if it’s a civil officer but they do the property maintenance
issues and I think they contract out with each individual town, I’m not asking
Essex County to do this on their back I think if you’re in Moriah doing this
work then you should be paid by the Town of Moriah you shouldn’t be paid by the
Town of Schroon Lake they are not doing it so you know, I think any town if we
go that route certainly should pay their own way for whatever services are provided.
MANNING: It’s a really, really complicated issue and
the major, major problem with it is money.
you can go through your town and pick out every blighted property, every
dilapidated property and you can issue all the summons and warrants you want, they
don’t care, the owners don’t care, you can foreclose on them and take them back
but the bottom line comes down to this, you’ve got to pay to remove them and
then, it can be placed on the tax rolls but then becomes an issue for the
county because the county makes good on all the tax warrants so immediately we
pay you guys back but then, we have a bad piece of property that we try and
sell at tax foreclosure and we get $250 for it and we’ve already put $24,000
into legal fees, demolition costs or more depending on what you’re getting
into. So that’s the biggest issue.
SCOZZAFAVA: You’re right.
It turns into a paper trail.
Right now I’ve got two burned out properties that I’m dealing with in
the Town of Moriah and we’ve contacted the owners and they are from
Ticonderoga, they haven’t paid taxes on that property in three years, it’s
going to be foreclosed on. You know I
realize that you know, they are not going to go in there and take it down so
I’ve got to price it and the town goes in and ends up taking it down what’s
left of it and you’re looking at $50,000 plus because you’ve got to go through
all the environmental review, everything you take out of there has got to be
hauled out of there to a landfill, a special landfill so you’re right, it’s
like trying to get blood from a stone and the property owner is just going to
walk away from it.
MASCARENAS:
Why don’t I just send the board the RFP that we’ve been working on for several
months now so you can see kind of what we’re dealing with. We can start there before we get a formal
resolution passed by this board kind of directing us in what direction. I still think you should go out to RFP first
because it’s going to set a baseline in terms of cost. If a private contractor is allowable and a
private contractor can do it at a price that’s cheaper than the county picking
it up then we probably should absolutely be doing that. So without knowing a cost of an RFP you’re
not going to know if it’s comparable to what we can provide it for so I think
if we are really going to make a decision on this long term the RFP is going to
be a process to determine that baseline costs.
SCOZZAFAVA: And back to what Dan was saying, he’s
absolutely correct it all revolves around money. I mean we could have the Attorney General up
here enforcing property maintenance codes, the bottom line is if they don’t
want to clean it up, we as a municipality have that responsibility, we clean it
up, what do we do, we put it on the warrant the county ends up paying the bill
for it and the people that walked away from that property they just walk away
from it, free and clear.
MONTY: And it’s less money the Governor gets if we
make a profit on it.
SCOZZAFAVA: You’ve got to understand, we are going to
need building code officers because we’re going to have a big housing move here
shortly with the Governor’s proposal, we are going to have houses going up all
over this county.
GILLILLAND: Any other discussion on this matter or any
other business before this board?
MONTY:
Not on this matter, I just want to bring to everyone’s attention here that our
local Head Starts, because our numbers are down we’re losing funding from the
Federal Government and the biggest stumbling block within that is the fact that
they based everything off the Federal minimal wage verses New York State
minimal wage so we have a lot of families who fall through the cracks because
they make too much money if you can believe that. So these children aren’t
eligible for Head Start. We just had a
meeting last week on that with the Feds, we asked them some very pointed
questions. There’s a single mother, she
was in Washington County who works, she can only work 30 hours a week because
if she works more, she doesn’t qualify for her children to go to Head Start and
Head Start is huge. So I urge you if you
know of any families like that let’s contact our Federal representatives
because we are through ACAP that way as well to see if we can get that changed
because the State minimal wage is $14.60?
MASCARENAS: I can get the exact number, you’re right in
the ball park $14.65- $15.20.
MONTY: But the Federal rate is $8.75 so they base
eligibility of these children on Federal level of $8.75, which is not a living
wage for anybody so I just wanted to bring that to your attention in case you
hear of any children falling through the cracks and to me, it’s not a good
thing. Thank you.
GILLILLAND:
Thank you. Any further business to come before this board? Okay, being none. We are adjourned.
As there was no further discussion
to come before this regular board meeting it was adjourned at 11:35 a.m.
Respectfully
submitted,
Judith
Garrison, Clerk
Board
of Supervisors