WAYS AND MEANS COMMITTEE MEETING

Monday, April 28, 2025 - 10:00 AM

 

 

James Monty, Chairperson

Charlie Harrington, Vice-Chairperson

 

Vice-Chairman Monty called this Ways and Means committee to order at 10:00 am with the following Supervisors in attendance: Matthew Brassard, Chris Clark, Robin DeLoria, Derek Doty, Shaun Gillilland, Charlie Harrington, Kenneth Hughes, Steve McNally, Jim Monty, Cathleen Reusser, Favor Smith, Matthew Stanley, Davina Thurston, Michael Tyler, Meg Wood and Mark Wright. Clayton Barber and Joe Pete Wilson were excused.

 

Department Heads present: Linda Beers, Hannah Carson, James Dougan, Judith Garrison, Mary McGowan, Roy Holzer, Dan Manning, Michael Mascarenas, Chelsea Merrihew, David Reynolds and Matt Watts.

 

Also present:  William Tansey.

 

MONTY:  Good morning. We will call the ways and means to order if you would join me with the salute to the flag.  Thank you.  Roll call Judy.  Thank you. We have no guests this morning. We will move onto resolutions please.

 

PUBLIC SAFETY

Monday, April 14, 2025

Chairman – K. Hughes     Vice-Chairman – I. Tyler

 

1.            RESOLUTION AUTHORIZING ESSEX COUNTY BOARD OF ELECTIONS TO CHANGE THE HOURS OF OPERATION TO BE OPEN FROM 8:00 A.M. TO 4:00 P.M. BEGINNING MAY 12, 2025 THROUGH SEPTEMBER 15, 2025.  Hughes, Tyler

 

2.            RESOLUTION AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER EXECUTE A ONE-YEAR CONTRACT WITH ADVENT e-LEARNING DIVERSION/TRAFFIC REDUCTION PROGRAM IN DISTRICT ATTORNEY’S OFFICE IN THE AMOUNT OF $1200.00, FOR ADDITIONAL INFRASTRUCTURE COSTS, FUTURE ENHANCEMENTS AND NECESSARY SECURITY WITH FUNDS TO COME FROM BUDGETED FUNDS.  Wright, DeLoria

 

3.            RESOLUTION AUTHORIZING THE PURCHASING AGENT TO GO OUT TO BID FOR A NEW AND REFURBISHED SHELTER FOR EMERGENCY SERVICES RADIO EQUIPMENT AT THE TERRY MOUNTAIN TOWER SITE WITH FUNDS TO COME FROM SICG 2022 GRANT FUNDS.  Thurston, Clark

 

4.            RESOLUTION AUTHORIZING THE PURCHASING AGENT TO GO OUT TO BID FOR TREE TRIMMING AND POLE MAINTENANCE AT THE TERRY MOUNTAIN TOWER SITE WITH FUNDS TO COME FROM SICG 2022 GRANT FUNDS.  Clark, DeLoria

 

5.            RESOLUTION RECOGNIZING NATIONAL EMS WEEK MAY 18-25, 2025.  Stanley, unanimous

 

6.            RESOLUTION AUTHORIZING T-MOBILE TO CONDUCT A STRUCTURAL ANALYSIS OF AN EXISTING TOWER AND ANTENNA SYSTEM AT THE BELFRY MOUNTAIN TOWER SITE.  Wright, Reusser

 

7.            RESOLUTION AUTHORIZING THE EMERGENCY SERVICES DEPARTMENT TO INSTITUTE AN ON CALL PROGRAM TO INCENTIVIZE EMS PARTICIPATION AT LOCAL AND FIRE EMS AGENCIES.  Gillilland, Stanley

 

8.            RESOLUTION OF CONDOLENCE TO THE FAMILY OF JOHN MCDONALD.  Wright, unanimous

 

ECONOMIC DEVELOPMENT

Monday, April 14, 2025

Chairman – I. Tyler    Vice-Chairman – C. Barber

 

No Resolutions

 

HUMAN SERVICES

Monday, April 14, 2025

Chairman – JP. Wilson   Vice-Chairman - C. Harrington

 

9.    RESOLUTION OF APPRECIATION AND CONGRATULATIONS TO MARY STANLEY UPON HER RETIREMENT FROM ESSEX COUNTY DEPARTMENT OF SOCIAL SERVICES.  Brassard, unanimous

 

10.  RESOLUTION AUTHORIZING A BUDGET AMENDMENT IN THE MENTAL HEALTH DEPARTMENT INCREASING REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $43,083.00, PASS THROUGH FUNDING FROM NYS OFFICE OF ADDICTION SERVICES AND SUPPORTS TO ESSEX COUNTY CORRECTIONAL FACILITY FOR MEDICATION ASSISTED TREATMENT.  Tyler, Reusser

 

11.  RESOLUTION AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER EXECUTE A CONTRACT WITH ORDA IN THE AMOUNT OF $2,750.00, FOR FACILITY RENTAL TO HOST A TRI-COUNTY YOUTH SUMMIT WITH THE DIRECTORS OF COMMUNITY SERVICES (MENTAL HEALTH) WITH FUNDS TO COME FROM NYS OFFICE OF MENTAL HEALTH GRANT FUNDING.  Reusser, Tyler

 

12.  RESOLUTION AUTHORIZING A BUDGET AMENDMENT IN THE PUBLIC HEALTH DEPARTMENT INCREASING REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $450.00, ADIRONDACK HEALTH WIC-N-PICK.  Stanley, Wood

 

13.  RESOLUTION AUTHORIZING A BUDGET AMENDMENT IN THE PUBLIC HEALTH DEPARTMENT INCREASING REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $1,500.00, EXCELLUS MINI GRANT FUNDS.  Wright, Thurston

 

14.  RESOLUTION AUTHORIZING THE PUBLIC HEALTH DEPARTMENT TO APPLY FOR AN EXCELLUS MINI GRANT IN THE AMOUNT OF $2,500.00.  Tyler, Reusser

 

15.  RESOLUTION AUTHORIZING THE PUBLIC HEALTH DEPARTMENT TO APPLY FOR FUNDING IN THE AMOUNT OF $5,000.00, FROM ROTARY OF LAKE PLACID FOR WIC-N-PICK PROJECT.  Stanley, Brassard

 

16.  RESOLUTION AUTHORIZING THE PUBLIC HEALTH DEPARTMENT TO APPLY FOR FUNDING IN THE AMOUNT OF $7,000.00, FROM THE NEW YORK STATE GOVERNOR’S TRAFFIC SAFETY COMMITTEE FOR A CAR SEAT GRANT.  Thurston, Wood

 

DEPARTMENT OF PUBLIC WORKS

Monday, April 21, 2025

Chairman – M. Brassard     Vice–Chairman – C. Barber

 

17.  RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO IRONMAN LAKE PLACID FOR THE USE OF COUNTY ROADWAYS FOR THE 2025 IRONMAN TRIATHLON - SUNDAY, JULY 20, 2025.  Doty, Stanley

 

18.  RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO LAKE PLACID MARATHON/LPM EVENTS FOR THE USE OF COUNTY ROADWAYS FOR THE 2025 LAKE PLACID MARATHON - JUNE 6 AND JUNE 8, 2025.  Doty, Reusser

 

19.  RESOLUTION AUTHORIZING A DEDUCT CHANGE ORDER WITH ING CIVIL INC., IN THE AMOUNT OF $131,751.63 FOR THE TAHAWUS ROAD OVER SANFORD LAKE BRIDGE REPLACEMENT PROJECT, LOCATED IN THE TOWN OF NEWCOMB, AND FURTHER AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT.  DeLoria, Clark

 

20.  RESOLUTION AUTHORIZING A BUDGET AMENDMENT TO INCREASE REVENUES AND APPROPRIATIONS IN DPW ROAD MACHINERY IN THE AMOUNT OF $48,853.75 FROM 2024 CARRYOVER FUNDS.  Brassard, Reusser

 

21.  RESOLUTION AUTHORIZING A CONTRACT AMENDMENT WITH ATLANTIC TESTING LABORATORIES, IN THE AMOUNT NOT TO EXCEED $11,400.00 TO PERFORM AN ASBESTOS SURVEY FOR THE FORMER NICE & EASY AND SUBWAY STORES BUILDINGS, LOCATED IN THE TOWN OF NORTH ELBA, WITH FUNDS TO COME FROM BUDGETED  AND TOWN FUNDS AND FURTHER AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT.  Doty, Smith

 

22.  RESOLUTION AUTHORIZING A CONTRACT AMENDMENT WITH J HUTCHINS, INC., IN THE AMOUNT OF $8,317.29 FOR BRIDGE FOUNDATION EXCAVATION FOR THE MORRISON ROAD OVER STYES BROOK BRIDGE REPLACEMENT PROJECT, LOCATED IN THE TOWN OF KEENE, WITH FUNDS TO COME FROM BUDGETED/FEMA FUNDS AND FURTHER AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT.  Wright, Thurston

 

MONTY:  Discussion?

 

DOTY:  The motion states, budgeted FEMA funds is that still actual?

MASCARENAS: It’s what we know as of right now and correct me if I’m wrong Jim, so we kind of have a backup plan on some of these things.  If FEMA fails to come through then we will dedicate some of our CHIPS funding to these projects in order to make them go so we’re holding off on some of those while we make sure we get our FEMA funds in the coffers so that’s why it kind of says both.  We are assuming FEMA is going to meet their obligation until we hear otherwise but if not our backup plan is to use an alternate funding source which isn’t county dollars.

 

DOTY: Fair enough.  Thank you.

 

MONTY: Any other questions?  All in favor signify by saying aye, opposed – carried.

 

23.  RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO APPLY FOR AND ACCEPT A GRANT IN THE AMOUNT OF $200,000.00 FROM THE US DEPARTMENT OF THE INTERIOR AND FURTHER AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE SAID GRANT. DeLoria, Reusser

 

24.  RESOLUTION AUTHORIZING A CONTRACT AMENDMENT WITH ATLANTIC TESTING LABORATORIES, IN AN AMOUNT NOT TO EXCEED $10,835.00 TO PERFORM SUBSURFACE INVESTIGATION AND GEOTECHNICAL ENGINEERING SERVICES FOR THE ADRIANS ACRES LANE OVER SLIDE BROOK BRIDGE REPLACEMENT PROJECT, LOCATED IN THE TOWN OF KEENE, WITH FUNDS TO COME FROM BUDGETED/GRANT FUNDS AND FURTHER AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT.  Thurston, Clark

 

25.  RESOLUTION AUTHORIZING A CONTRACT AMENDMENT WITH PAWLOWSKI LAND SURVEYING, IN AN AMOUNT NOT TO EXCEED $5,980.00 TO PERFORM TOPOGRAPHICAL SURVEY FOR THE ADRIANS ACRES LANE OVER SLIDE BROOK BRIDGE REPLACEMENT PROJECT, LOCATED IN THE TOWN OF KEENE WITH FUNDS TO COME FROM BUDGETED/GRANT FUNDS AND FURTHER AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT. Thurston, Reusser

 

26.  RESOLUTION AUTHORIZING A CONTRACT AMENDMENT WITH ATLANTIC TESTING LABORATORIES, IN AN AMOUNT NOT TO EXCEED $11,295.00 TO PERFORM SUBSURFACE INVESTIGATION AND GEOTECHNICAL ENGINEERING SERVICES FOR THE FISKE ROAD OVER MCKENZIE BROOK CULVERT REPLACEMENT PROJECT, LOCATED IN THE TOWN OF MORIAH, WITH FUNDS TO COME FROM BUDGETED/GRANT FUNDS AND FURTHER AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT.  Brassard, Clark

 

27.  RESOLUTION AUTHORIZING A CONTRACT AMENDMENT WITH PAWLOWSKI LAND SURVEY IN AN AMOUNT NOT TO EXCEED $5,490.00 TO PERFORM TOPOGRAPHICAL SURVEY FOR THE FISKE ROAD OVER MCKENZIE BROOK CULVERT REPLACEMENT PROJECT, LOCATED IN THE TOWN OF MORIAH, WITH FUNDS TO COME FROM BUDGETED/GRANT FUNDS AND FURTHER AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT.  Brassard, Smith

 

RESOLUTION ADOPTING THE UPDATED 2025 TITLE VI PLAN WITH NYSDOT FOR THE TRANSPORTATION DEPARTMENT.  Thurston, Hughes

 

PERSONNEL

             Monday, April 21, 2025

Chairman – M. Wood     Vice-Chairman – JP. Wilson

 

28.  RESOLUTION INTRODUCING PROPOSED LOCAL LAW NO. 3 OF 2025 ENTITLED, “A LOCAL LAW SUPERSEDING THE RESIDENCY REQUIREMENT OF PUBLIC OFFICERS LAW §3 FOR THE POSITIONS OF ESSEX COUNTY SOCIAL SERVICES ATTORNEY AND ESSEX COUNTY ASSISTANT SOCIAL SERVICES ATTORNEY(S)  Reusser, Wood

 

MONTY:  Discussion?

 

DELORIA: Do we set a public hearing for this?

 

MANNING:  We made a mistake last time but it will be May 5th at 9:30 a.m.?

 

GARRISON: I believe that is what it was. I don’t have it marked down on the calendar.

 

MONTY: Any further discussion?  All in favor signify by saying aye, opposed – carried.

 

FINANCE/TAX REDUCTION/MANDATE RELIEF

Monday, April 21, 2025

Chairman – S. McNally     Vice-Chairman – R. DeLoria

 

29.  RESOLUTION AUTHORIZING THE COUNTY CLERK’S OFFICE AND DMV TO OBSERVE SUMMER HOURS OF 8:00 AM TO 4:00 PM DURING THE MONTHS OF JUNE, JULY AND AUGUST. Reusser, Thurston

 

30.  RESOLUTION CELEBRATING THE ENDURING BONDS BETWEEN THE ADIRONDACKS AND OUR CANADIAN NEIGHBORS. McNally, unanimous

 

MISCELLANEOUS

 

31.  RESOLUTION RECOGNIZING LONG TERM EMPLOYEES FOR THE MONTH OF MAY.  Gillilland, unanimous

 

32.  RESOLUTION AUTHORIZING A BUDGET AMENDMENT TO INCREASE REVENUES AND APPROPIATIONS IN MENTAL HEALTH IN THE AMOUNT OF $45,311.47 FROM 2024 CARRYOVER OMH GRANT FUNDS.  DeLoria, Hughes

 

GARRISON:  Resolutions from the floor everyone has copies on their desks.

 

RESOLUTION AUTHORIZING THE ESSEX COUNTY HEALTH DEPARTMENT IN COLLABORATION WITH THE ESSEX COUNTY SHERIFF’S DEPARTMENT, TO APPLY FOR THE NYS GOVERNOR’S TRAFFIC SAFETY COMMITTEE HIGHWAY SAFETY GRANT PROGRAM IN THE AMOUNT OF $5,800.00 FOR A CONTRACT TERM BEGINNING OCTOBER 2025 – SEPTEMBER 2026.  Reusser, Thurston

 

MONTY: Discussion?

 

MCNALLY:  The more time I spend on the board, not that any of these resolutions in front of us today fit this criteria but I urge department heads when they bring resolutions if there’s no time constraint in getting some of these approved please try and get it to go through committee it makes things a lot easier for us because it gives us more time to discuss things. I know that there’s things that have to be done quickly so that’s fine but just try to get as many through committee I think is important.

 

MONTY: Thank you. Further discussion? 

 

DOTY: It is checked yes, it will impact current budget and/or future budgets so where’s the revenue, where is it coming from?

 

MASCARENAS: Traffic safety grants are totally money in, money out so if we weren’t to get approved we simply wouldn’t do the program for that grant so it will be $5800 out, $5800 in so it’s a budget neutral request.

 

DOTY:  Good.

 

HUGHES: Just for general housekeeping there is two of these documents on our desks one is for $37,800 and one is for $5800 we are only doing $5800, is that correct?

 

GARRISON: Yes, it was corrected to $5800, thank you.

 

MONTY:  Further discussion?  All in favor signify by saying aye, opposed – carried.

 

RESOLUTION AUTHORIZING PAYMENT IN THE AMOUNT OF $2,000.00 TO THE TOWN OF WILLSBORO AND TO THE TOWN OF LEWIS FOR COMPLETING AND SUBMITTING AN ACTIVE COMMUNITIES TOOL (ACT) ASSESSMENT OF COMMUNITY DESIGN TO THE NYS DOH.  Monty, DeLoria

 

RESOLUTION AUTHORIZING PAYMENT TO MOMOT TRAILER SALES IN THE AMOUNT OF $7,500.00, FOR REPAIRS TO THE HEALTH DEPARTMENTS MOBILE UNIT.  Doty, Stanley  Hughes – opposed.

 

MONTY:  Discussion?

 

TYLER:  So, we are going to sell this right?

 

MASCARENAS: Yes.

 

TYLER:  Has anybody brought up or asked, some of these things that are brought up now can go through committee or not? Has anybody asked the question?

 

MASCARENAS:  Yeah, I think that’s what Steve was getting at. We spoke about this right before I left the trailer was up at Momot my understanding is the actual unit is tore apart.  My instruction to the department head after learning where we were at at this stage was to get it repaired.  There’s a certain amount of man hours already invested. There will be a certain amount already owed. I don’t know what that amount is again, I lost track of it over the last ten days or so. They would have to either put it back together, get it back to us, we still would have some sort of bill I don’t know what that bill would be so my instruction was to have it repaired so that we weren’t totally out that initial investigation of what needed to be done to repair the unit and yes, the recommendation by the department and I think by myself is to then look into selling the unit. The unit was utilized during Covid, it was a mobile unit that they’ve done quite a lot of, and it has served its purpose. It was purchased through grant funds, the grantor is allowing us to get out from underneath that unit.  Is there a possibility that something could happen and you need it down the road?  Yes.  My experience is when we get units such as these that they tend to sit and rot in perpetuity and lose value. We’ve seen this on quite a few different purchases that we’ve had through the years that were purchased with grant funds and had limited use.  So the intent would be to utilize the funds that we get from the sale to purchase vehicles for the department and we would not have to use budgeted funds to purchase vehicles from the department if we were able to sell this.  I do believe we will bring back the sale to the board so that you are happy with what the sale price is but yeah, we were at a point where the unit was needing repair, it was already at the place, it was already tore apart.  A decision needed to be made at that time.

 

TYLER: I’m just a little concerned every time we come to these meetings there’s a lot of stuff that like this discussion should have been at committee.

 

MASCARENAS: I agree. I think what happened to be quite honest I don’t know this Linda could probably verify or not verify is there’s a $5,000 threshold that the County Manager has control over in terms of approving expenses. My guess is they probably didn’t know what the repair costs was going to be until somebody got underneath and started looking at it.  Once it exceeded that $5,000 threshold then that repair needs to come to the board for approval so I’m making an assumption that when this initially happened they didn’t realize it was going to be as costly to repair as it is but I could be wrong.

 

BEERS:  Correct. I thought it was going to be $3,000 and we would not have come here now it’s there and the guy is going to charge us four to be able to move it. I looked at Mike and said it’s apart they want it out what do I do and we talked to other sales places they said it would be much easier to sell a fully working repair unit than to put something in auction that wasn’t working because you would get nothing because people would assume a risk that they didn’t know.

 

TYLER: Again, I understand all this but this conversation in my opinion should have gone through committee. I’m not so sure about all this other stuff because if it’s important you’ve got to do it but if it’s not that important it should go through committee.

 

MASCARENAS: Agree.

 

MCNALLY: This unit is a ’22?

 

MONTY: Yes, that’s what the paperwork says.

 

MCNALLY: Are you sure there’s no warranty on this?

 

MASCARENAS: I am not sure.

 

MCNALLY:  I own an RV and they are known for carrying long warrants on slides. What’s the value of this going to be? Do we have a ball park on this or do you know what we paid for this unit?

 

MONTY: I would like to invite Linda.  Why don’t you come up to the podium. 

 

BEERS:  I’m just going to say this is my fifteenth year here and I wouldn’t have moved any of this forward if I thought it could have went another way.  Traffic safety is a new grant for us and it is due May 1st it either went forward or I would just let the money not to be gotten.  My department got it late and they said, hey Linda there’s an opportunity to work with the Sheriff’s department so we put it together to present it was that or not take it at all so that’s why that’s here.

The money for Mr. Monty, that came up and if I waited another month then him and Shaun wouldn’t been able to get the $2,000 to move and do some projects they wanted to do so I moved it forward here and the last one I had no idea that the side would cost that much it is out because it was put up incorrectly when it stayed at the fairground it was on uneven terrain and they put the slide out and when you put the slides out it has to be even and it sat for the entire week there and it caused the slide not to pull in and out. We have worked with the RV center, they’ve made good on this RV on at least three or four other repairs under warranty. This RV or mobile unit as we call it has been a problem since the day we got it. I’m not going to lie.  We’ve never, it has a fully running generator we have never used and it caught on fire while it was in storage at DPW for no reason and so we had Briggs & Cummings come out and they installed a whole brand new one under a warranty we still have not used it so for us, this RV was more than the people in my department with the slides and all that apparatuses to the point that it was 100% per say paid for with the grant dollars that we used it. Did we use it?  We used it a lot.  In Newcomb we did tons and tons of vaccinations in school parking lots, that’s what we used it for during Covid so it met the purpose of that. Right now we have an estimate from the RV place that just to give you an idea I think we paid one-fifty, it’s depreciated very little because the price has gone up and fully good, it has under 8,000 miles we’ve never used the bathroom, never used the generator and never used the beds in it.  High bid would be $130,000 or $120,000 so the depreciation is I think quite little on something that has been used for three years, two years so that’s what we are hoping to get out of it. Linda Wolf is working with the bid process she’ll send it out to bid and it will be out to bid for people to bid on.

 

TYLER: Again, I understand things that are time sensitive you have to do this but some of this stuff I don’t believe it is not just with your department all departments come here on occasion and at times I can completely understand but some of this stuff can be discussed at committee.

 

BEERS: Yes, I hear you.

 

MASCARENAS:  The only thing I would dispute is the trailer is sitting at Momot pulled apart so we do have to kind of make a decision.  Could have it came previously to your point? Absolutely but we do need to give direction to the people that are working on it or we are going to pay additional storage until we come to that decision which would be over a month from now.

 

MONTY:  A couple questions I do have Linda.  $5500 labor?  How much an hour is their labor rate because at $150 an hour you’re looking at 37 hours of labor approximately off the top of my head.

 

BEERS:  So it was an estimate that’s why we went up to that amount of money.  When they put that put it back it will be there and I have the bid and estimate completely written out by the company.  I’m happy to share that with you.

MONTY: I’ve got that if that’s what is attached to this?  I know when I’ve taken my RV up there they’ll give me an estimate on the estimated hours not just a dollar amount and stuff so that’s my question is how many hours?  I mean if I’m fixing something it might take me ten I’m sure Chris can fix the same thing in like two.  I’m just saying that it would be nice to see that on this and the operation of that mobile unit were people trained on that?  I mean anybody that has ever run a camper knows you don’t park them unlevelled.

 

BEERS: The ground sunk over the time we were there.  It is an automatically leveling machine, the feet come down and the machine constantly levels itself.

 

MONTY: So, that is what was malfunctioning then?

 

BEERS: No it did go off kilter on the last day of the fair when they pulled it in.

 

MONTY: It would be nice just to see how many hours they are estimating.

 

BEERS: I’m happy to do that.

 

MONTY: I’m just curious for my own.

 

BEERS: Sure. I have been working with people. I brought this forward.

 

MONTY:  Any further questions?  All in favor signify by saying aye, opposed –

 

HUGHES: I’m opposed.

 

MONTY: Mr. Hughes.  Anyone else?  Carried.

 

RESOLUTION AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE AN MOU BETWEEN ESSEX COUNTY MENTAL HEALTH ASSOCIATION CRISIS CENTER AND ESSEX, FRANKLIN, CLINTON AND HAMILTON COUNTY 911 SERVICES.  Wright, Tyler

 

RESOLUTION ACCEPTING THE NEW YORK STATE MORTGAGE TAX SEMI-ANNUAL REPORT.  Tyler, Wright

 

RESOLUTION AUTHORIZING THE APPOINTMENT OF HANNAH CARSON TO THE POSITION OF DIRECTOR OF ESSEX COUNTY REAL PROPERTY TAX SERVICES AT A SALARY OF $87,776.00.  Gillilland, Reusser

 

MONTY: Discussion?

 

MASCARENAS: If nobody got an explanation on this I’ll give you one quick and I apologize if you already did and I’m being repetitive.  When we appointed Ms. Carson she was appointed as the acting Director. This is one of those positions where credentials are then sent in to the State of New York and the State of New York gets the final say on whether or not our chosen candidate is fit for the position based on their experience and credentials.  We got confirmation not last week but the week before that she was approved by the State Office of Real Property and this is just a formality appointing her to the Directors position so again, no extra money this is the money you approved her at prior, this is just more of a formal action by the board to make that complete. So I apologize if you already heard it, if not that just quick and dirty.

 

HUGHES: I just have a quick question why the end of the appointment is September 30th and not December? It is the end of a fiscal year.

 

MASCARENAS: She is fulfilling the term of Dave Wainwright.

 

HUGHES: Okay so now my question is why was Dave Wainwright’s term ending September 30th?

 

MASCARENAS:  It was when we hired him.  So Charli Lewis retired prior to Dave Wainwright or actually it wasn’t Charli it was Terry Northup and she retired mid-year, the board appointed him and at that time the clock started ticking so this will be fulfilling Dave’s term and then she’ll need another appointment following that.

 

HUGHES: That’s perfect. That helps me understand why it ends at that time. Thank you.

 

MONTY: What is the length of the appointment in September Mike?

 

MASCARENAS: That’s a good question.  I’ll get you that. Everybody is different. I don’t want to be wrong. Some are six, some are four.

 

CARSON:  Six it is set by the State.

 

MASCARENAS: Yes most of them are in statue but they are all different.

 

MONTY: Any other questions?  I do want to say that since Hannah has come on board I’ve contacted that office several times and they’ve been very helpful and conscious in returning all my calls and answering all my questions so thank you Hannah.

 

REUSSER:  Elizabethtown echoes the same sediment.

 

DELORIA:  Absolutely Jim she’s been phenomenal for Newcomb as well.

 

MONTY: Anything further?  Nothing further all in favor signify by saying aye, opposed – carried. Congratulations.

 

MASCARENAS: Yeah we’ll do this again in a couple months.

 

RESOLUTION AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH ATLANTIC TESTING LABORATORIES IN AN AMOUNT NOT TO EXCEED $14,028.00 TO PERFORM ASBESTOS PROJECT MONITORING SERVICES FOR THE FORMER FRONTIER TOWN MAIN STREET PROJECT, LOCATED IN THE TOWN OF NORTH HUDSON WITH FUND TO COME FROM BUDGETED/RESTORE NY GRANT FUNDS.  Clark, Wood

 

MONTY:  Discussion?

 

HUGHES:  Has New York State given us that money and we are holding it and spending it or is this a reimbursement?

 

MASCARENAS:  This is a reimbursement program and it’s really weird not going to lie ESD program where they just kind of you ask questions and they tell you just keep moving forward and we’ll deal with you at the end. I’m not sure we even have a contract for these grants and ESD says they’ll supply it at the end and give you payment. We went back and forth with them several times on this very question because we are concerned about meeting procurement and those items. We have a lot of experience in meeting State rules and regulations so we’re running the gamut in terms of MWBE and all that fun stuff but yeah, it’s not easy to work with.  There’s very little. We’ve got an award letter. We have correspondence but other than that, very little in terms of the back and forth with the Department of State.

 

MONTY: Further questions?

 

CLARK:  Once we go along with Atlantic Testing do we have any idea when they will start?

 

MASCARENAS: Do you have any potential start dates Jim for Atlantic Testing?

 

DOUGAN:  Bronze contracting is who you awarded the actual demolition to and they are telling us they think they will be there before the end of May which is why I brought this to this committee verses my other committee because it would be until after June until approved otherwise.

 

MONTY:  Any other questions?  All in favor signify by saying aye, opposed – carried.

 

MANNING: I just have one resolution.  This didn’t go through committee but it is a small item and we need to get it in.  As you know we contract with various attorneys throughout the county to do counsel first appearance with the new laws that came down about four years ago. We have to provide an attorney at arraignment every single arraignment whether it’s a small no big deal misdemeanor all the way through felony and we have four attorneys who do that. We have another attorney who would like to be on that panel which will help us and I’d like to ask for a resolution authorizing us to contract with Julie Garcia Esq. to be one of the counsel first appearance attorneys and just to elucidate they are on call from four or five o’clock on a Friday, all day Saturday, all day Sunday until eight o’clock and they are paid $200 each of those days to be on call and three hundred dollars per court appearance.

 

RESOLUTION AUTHORIZING THE COUNTY CHAIRMAN OR COUNTY MANAGER TO EXECUTE A CONTRACT WITH JULIE GARCIA, ESQ. AS COUNSEL FIRST APPEARANCE ATTORNEY AT AN ON CALL RATE OF $200.00 AND $300.00 PER COURT APPEARANCE.  Gillilland, Doty  Hughes – opposed.

 

MONTY: Discussion?

 

GILLILLAND:  Are we not paying the Public Defender’s to also do that?

 

MANNING: Well, this is on weekends.

 

GILLILLAND: Why aren’t our public defenders working on weekends?

 

MANNING: I suppose you could ask them to do that.

 

GILLILLLAND: I mean we have snow plow drivers working on weekends.  We have emergency services people on call, we have Sheriff’s department on call, we have DSS any number why are hiring somebody else to do the PD’s job?

 

MANNING: I mean if you want to change the program we can certainly look into that.

 

GILLILLAND:  They didn’t even ask us about the program.

 

MANNING: That’s pretty much what the counties around here are doing and have been doing pursuant to what ILS has suggested if you want to that’s fine.

 

GILLILLAND: I think we need to look into that very closely.

 

MASCARENAS: I think we can have that communication with them. I started that communication I think you remember that about a year and a half ago.  It didn’t go very far. It’s hard to get past the way things have always been done but I don’t disagree that it is a conversation that needs to continue to happen and evolve and if it’s a monetary thing then we will have to figure that out in terms of the on call rate and how that works but we can certainly have that conversation.

 

MANNING: I’m fine with that too.

 

MCNALLY:  With the political environment and what is happening with the world today I think we should, it’s time we need to look at everything to see which is best for the county and the tax payers but will there be mileage on top of that?

 

MANNING: There is mileage and there is a budget line item. We do receive funding from ILS to pay for all that.

 

MCNALLY: And I do believe Julie comes out of Warren County.

 

MANNING: Yes.

 

MCNALLY: We really have to look at this.

 

MANNING: It’s been very, very difficult to find people to do it number one. I don’t disagree with Shaun we can certainly take a look at our public defender’s office doing it. There’s a lot of little twists and turns to that so we are lucky to have the people we do. I’m not saying I agree with it. A lot of this ILS stuff gets forced down our throat and all I can say is it doesn’t cost us anything because it’s coming out of ILS funds they provide a line item for that.

 

MCNALLY:  $200.00 per diem seems like a pretty good rate.  Have our public defenders even been approached about doing this?

 

MANNING: We do have two public defenders that actually do do this and they are paid but this is on top of their salary that’s another issue that we can talk about so there’s a lot of issues but we had nobody to do this when we started and I’ve spoken to Clinton County and I think Warren County and they did more than what we do but we can take a look at it certainly.

 

DOTY:  Just wondered, what is the demand rate? I mean I know we’re talking weekends. I mean what is the demand rate?

 

MANNING: No, I agree.  On a simple arraignment you go hi, Judge I’m here with my client.  We have the reading of the charges, we plead not guilty, give me 45 days for motion, we’ll see you later but then on a felony it’s much more detailed so what has happened is this got all rolled into it’s required by the state that we, it’s mandatory that we provide an attorney at each and every arraignment and so we did set up the program that after eight o’clock we don’t do them, people have to go have a seat in jail.

 

GILLILLAND: At what point is the determination made to whether the accused can afford his own attorney at the first appearance?

 

MANNING:  That is generally not done at first appearance. It’s done through our assigned counsel administrator people submit their assigned counsel application and she makes a determination.  Assigned counsel is very loosy goosy as far as the rules for getting an assigned counsel.  If any of us were charged with murder we’d get an assigned counsel because the way they look at it is even if we had a boat, an RV all these other things it’s rarely – I recall a meeting we had with the state where it just dumb founded me on how this is approached so that’s not done at the immediate arraignment. The Judge has discretion and then it goes to Leah.

 

GILLILLAND:  This all came from Hurrell-Harring?

 

MANNING: Yes.

 

GILLILLAND: And we weren’t one of the counties under Hurrell-Harring?

 

MANNING: No we were not.

 

GILLILLAND: So this is actually an agreement with the State?

 

MANNING: No, this is state law. This is the law.  Hurrell-Harring was I think more stringent with four or five counties but this is a requirement under I think it came along with bail reform.

 

GILLILLAND:  Okay you have a multi-millionaire picked up for drunk driving and the rest of the taxpayers are picking up his first appearance attorney right?

 

MANNING: Well, if it is a multi-millionaire and has the funds to do it there will be a determination but if it’s an average Joe like us – it’s very loosy goosey.

 

GILLILLAND: It just feels to me that a lot of this ILS stuff is being like the clown with the bag of candy for the county on some of this stuff and to quote Nancy Reagan, ‘just say no’.

 

MCNALLY: They will fund it for the first three years then it will be ours. We are all aware of that. So what I understand, they get $200 per Diem per day to be on call, if they get called out they make the additional $300?

 

MANNING:  At each arraignment yes.

 

MCNALLY: And they also get mileage?

 

MANNING: Yes.

 

MCNALLY: The county attorneys that have been stepping up and doing this they get $200 to be on call I assume?

 

MANNING: No typically I don’t believe that they attend the arraignments unless it is something extraordinary because the arraignment is usually a very brief thing but the state in its infinite wisdom feels that everybody should have an attorney at arraignment.

 

MCNALLY: I thought we had county attorneys –

 

MANNING: You mean district attorneys?

 

MASCARENAS: Public defenders

 

MANNING: Oh, you’re talking about public defenders yes.

 

MCNALLY: Are we paying them $200 per day, per Diem?

 

MANNING: No because they are doing it well, they get a stipend right?

 

MASCARENAS: Yes they get a $2500 a year stipend that you just approved and I put on hold for an additional $2500 so we can look at this further if you remember correctly last month.  So during Monday through Friday they are covering that shift of $2500 for the year.

 

MCNALLY: My preference on all this if I’m going to spend $500 or $200 a day I would much rather see a county employee get that money than somebody out of the district.  Is my personal opinion.  If $2500 isn’t enough and we are going to get reimbursed that let’s knock it up a day or whatever it needs to be. If we are willing to pay $200 to be on call for somebody out of Warren County why aren’t we paying our employees $200 if it’s not coming out of our pocket?

 

MANNING: We do have two public defenders that we do contract with to do that.

 

MCNALLY: At $200 per day?

 

MANNING: Yes under the same program.

 

MASCARENAS: On the weekends Mr. McNally only so you’ve got to separate the two.

 

MCNALLY: Okay so that’s all I wanted to know.  Are they getting the same benefit as an outside attorney gets.

 

MANNING: On the weekends yes.

 

TYLER: Again, I think this conversation should be in committee or should be in a committee form to discuss the policies that we’ve been running before because we can sit here and talk about this all day long but nothing is going to be changed until we go and look at their contract and see what we can do. Mr. Manning has explained that we can’t get people to do this job and the state mandates it so his recommendation is to hire this person I say we just hire this person until we look into what we can do eternally to offset the cost.

 

MANNING:  And this would just be until the end of the year.  We certainly can look at how you want to handle this but there are a lot of variables. I had the same concerns all of you have but when you talk to ILS and when you have nobody to do it and you’ve got pressure and you’re trying to figure out how to do this this was the best way at the time that I could come up with an answer for this and it’s cheaper than the other counties and we’ve got one guy on the panel that keeps calling me and telling me that and asking for more money.

 

MASCARENAS:  Please understand too I’m looking at this a little bit different and I get that we are talking about ILS and public defender right now but again the reason why I recommended we put the ILS on hold is because we’re are needing attorneys period in our county and I don’t create a situation where we create financial advantages for one specific attorney group that another one can’t so in my mind there’s a reason why we only have three attorneys at DA’s, we are full at public defender we can’t get an attorney at DSS.  I don’t believe we can look at this attorney issue as public defender only. Does everything you say play into it? Sure but if we start saying well, let’s pay people more for counsel at first arraignment well what is going to happen is your DA’s are going to jump ship and move over to public defender’s office so you’ve got to really be careful about making decisions regarding attorneys based upon any one item for those attorneys.  Hopefully that makes some sense to you.  So I’m working to bring together a report for attorneys in general all of these attorneys that we support and need support in our departments and our county attorney is one of those two we struggle to get those individuals so we’ve got to be really careful on how we approach it is all I would add to that conversation.

 

MONTY:  And lastly, I don’t know why we are worrying about it with what our Governor is doing nobody is ever going to get arrested and go to jail. I mean, come on. She’s going to solve the problems for us. 

 

MASCARENAS: The resolution is just to add an individual to our on call weekend.

 

MANNING: Julie Garcia.

 

MONTY: We had a motion, a second. All in favor, opposed –

 

HUGHES: I’m opposed.

 

MONTY:  Carried. We are adjourned.

 

            As there was no further discussion to come before this ways and means committee it was adjourned at 10:50 a.m.

 

Respectfully submitted,

 

 

 

Judith Garrison, Clerk

Board of Supervisors