Regular Board Meeting
Monday,
May 2, 2016
William
Ferebee, Chairman
Randy
Preston, Vice-Chairman
Chairman
Ferebee called this Regular Board Meeting to order at 10:00 am with a salute to
the flag. Upon roll-call, the following Supervisors were found in attendance:
Archie Depo, William Ferebee, Ed Gardner, Shaun Gillilland, Joseph Giordano,
Charlie Harrington, Mike Marnell, Steve McNally, Noel Merrihew, Wester Miga,
James Monty, Ron Moore, Gerald Morrow, Roby Politi, Randy Preston, Tom
Scozzafava, Michael Tyler and Charlie Whitson, Jr.
Department
Heads present were: Richard Cutting, Judy Garrison, Chris Garrow, Don Jaquish,
Dan Manning, Michael Mascarenas, Dan Palmer and Joe Provoncha.
Deputies
present were: Jim Dougan
Also
present were: Joanne Caswell – Families
First, Margaret Bartley, Sharon Boisen, Curt Gregory, Sue Johnson, Shari Morris,
Mike McGinn and Wendy Sayward.
News
Media present were: Lohr McKinstry - Press Republican and Pete DeMola – Sun
Community News.
FEREBEE: Good morning.
I will call the meeting to order. Please join me with a salute to our
flag. Thank you and good morning. Roll call please Judy. Thank you Judy. Good morning again today we have one guest
Joanne Caswell she is the Executive Director for Families First. Come on down.
Good morning Joanne.
CASWELL: Good morning.
I want to thank you for having me and it’s nice to see some new faces,
welcome. So May is Mental Health Awareness
Month and the first week in May is Children’s Mental Health Awareness
Week. So this year the National
Children’s Mental Health Awareness campaign is geared toward raising access
towards the needs of Children’s Mental health field and the theme this year is
“Healthy families, resilient children: Mental Health is a family affair.”
So
as part of the campaign at Families First what we do is we educate around the
importance of prevention and early identification and mental health challenges
and we highlight the fact that obviously children are part of a family unit and
that we need healthy families so that they can raise resilient children.
We
are once again participating in the green ribbon campaign and on the folders I
gave you, you have a green ribbon. If
you would be so kind we’d love to have you wear it today and all this week if
you would.
In
your packets on the right hand side you have some information and statistics on
children’s mental health awareness issues.
I won’t read those to you and bore you half to death but I do want to
offer to each of you as part of your town board meeting we’d be happy to come
and do a more in depth presentation if anyone would like so give me a call or
send me an email if you’d like to do that.
On
the left hand side of your folders you’ll see on top a flyer for our 7th
annual children’s mental health awareness walk which is this Friday at noon
over in the little park in front of Stewarts if you’re in town we’d love to
have you join us and if you would hang that up somewhere where people can see
it that would be great and you also have a copy of our most recent our annual
report which will go into a little bit more detail of what Families First does. I definitely want to thank you as a board for
the support of mental health in Essex County, not just for the clinic but for
in general and certainly would thank you for the proclamation of children’s
mental health awareness week and just thank you for joining in a shared vision
with us for the help with the resilience of children and if anyone has any
questions I’d be happy to answer them.
FEREBEE: Any questions for Joanne? Any comments?
We do have a proclamation that I’ll present to Joanne. Proclamation
from Essex County – proclaiming May, 2016 as Mental Health Month and the week
of May 1-7, 2016 as Children’s Mental Health Week.
Whereas,
Mental Health is critical for the well-being and vitality of our families,
communities and businesses; and
Whereas, Mental illness strikes one in
five Americans in a given year regardless of age, gender, race, ethnicity,
religion or economic status; and
Whereas, it is important that children
and adolescents, along with their families and communities learn about the
warning signs of mental health disorders and where to obtain necessary
assistance and treatment; and
Whereas, early diagnosis and appropriate
treatment of mental health disorders among children and adolescents provide
them better opportunities to lead full and productive lives; and
Whereas, celebrating Children’s Mental
Health Week and May as Mental Health Month, will increase awareness among Essex
County residents of this important issue and diminish stigma.
Now, therefore, I William Ferebee as
Chairman and on behalf of the Essex County Board of Supervisors, do hereby
proclaim the month of May, 2016 as Mental Health month and the week of May 1-7,
2016 as Children’s Mental Health week in Essex County. This proclamation is
issued this 2nd day of May, 2016.
CASWELL: Thank you very much.
FEREBEE: Thank you to the great job you do. Okay we’ll move onto resolution Judy, please.
RESOLUTION #105 – AUTHORIZING BUDGET
AMENDMENTS FOR VARIOUS DEPARTMENTS.
This resolution was moved by
Supervisor Morrow, seconded by Supervisor Scozzafava and adopted upon a
roll-call vote as follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
RESOLUTION
#106 – AUTHORIZING THE PURCHASING AGENT TO BID AND AWARD THE PURCHASE OF A
COMMERCIAL REFRIDGERATOR AND FREEZER FOR THE PUBLIC HEALTH DEPARTMENT, IN AN
AMOUNT NOT TO EXCEED $12,000.00, WITH FUNDS TO COME FROM EBOLA GRANT.
This resolution was moved by
Supervisor Gardner, seconded by Supervisor Tyler and adopted upon a roll-call
vote as follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
RESOLUTION
#107 – AUTHORIZING APPOINTMENTS TO BOARDS, COMMITTEES AND/OR COUNCILS,
This resolution was moved by
Supervisor Merrihew, seconded by Supervisor Marnell and duly adopted.
RESOLUTION #108 – PROCLAIMING THE
MONTH OF MAY, 2016 AS OLDER AMERICANS MONTH.
This resolution was moved by
Supervisor Harrington, seconded unanimously and duly adopted.
RESOLUTION #109 – AUTHORIZING THE
TRANSPORTATION DEPARTMENT TO COMBINE TWO TRANSPORTATION RESERVE ACCOUNTS INTO
ONE RESERVE ACCOUNT, THE MOTOR POOL RESERVE ACCOUNT #35113 TO BE COMBINED WITH
THE TROLLEY RESERVE ACCOUNT #35117 INTO ONE ACCOUNT – THE TRANSPORTATION
RESERVE ACCOUNT #35117.
This resolution was moved by
Supervisor Tyler, seconded by Supervisor Marnell and adopted upon a roll-call
vote as follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
RESOLUTION
#110 – AUTHORIZING THE SURPLUS OF ONE VEHICLE IN TRANSPORTATION DEPARTMENT,
WITH FUNDS RECEIVED TO GO INTO THE TRANSPORTATION DEPARTMENT RESERVE ACCOUNT.
This resolution was moved by
Supervisor Marnell, seconded by Supervisor Merrihew and adopted upon a
roll-call vote as follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
RESOLUTION
#111 – AUTHORIZING A BUDGET TRANSFER IN THE TRANSPORTATION DEPARTMENT IN THE
AMOUNT OF $14,022.40, FROM RESERVE ACCOUNT #35117, TO PAY THE 10% LOCAL SHARE
OF THE PURCHASE OF TWO TROLLEYS WHICH WERE PREVIOUSLY APPROVED IN THE AMOUNT OF
$140,224.00.
This resolution was moved by Supervisor
Politi, seconded by Supervisor Scozzafava and adopted upon a roll-call vote as
follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
RESOLUTION
#112 – AUTHORIZING THE TRANSPORTATION DEPARTMENT TO PURCHASE A TOTAL OF TWO
PASSENGER VEHICLES, IN AN AMOUNT NOT TO EXCEED $20,000.00 EACH, WITH FUNDS TO
COME FROM THE TRANSPORTATION RESERVE ACCOUNT.
This resolution was moved by
Supervisor Harrington, seconded by Supervisor Marnell and adopted upon a
roll-call vote as follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
FEREBEE:
Comments or questions? Just one
Dan that will go out to bid?
PALMER: Yes.
FEREBEE:
Good.
POLITI: How
much money is in the transportation reserve account?
PALMER: I
think there is around forty-some thousand that’s about the amount that we are
looking at here at this point. I don’t know the exact number Roby but it is
some where’s over forty-thousand.
POLITI: Okay.
FEREBEE: More
comments or questions? If none, roll
call vote.
RESOLUTION
#113 – OF CONDOLENCE TO THE FAMILY OF ROBERT H. “BOTTLE” LAVIGNE.
This resolution was moved by
Supervisor Merrihew, seconded unanimously and duly adopted.
RESOLUTION #114 – AUTHORIZING A
ONE-TIME CONTRACT AMENDMENT BETWEEN ESSEX COUNTY AND THE ESSEX COUNTY
INDUSTRIAL DEVELOPMENT AGENCY (IDA) TO INCREASE ESSEX COUNTY’S CONTRIBUTION IN
THE AMOUNT OF $30,000.00 TO COME FROM UNAPPROPRIATED FUND BALANCE WHICH FUNDS
TO BE TRANSFERRED TO THE IDA REVOLVING LOAN FUND.
This resolution was moved by
Supervisor Morrow, seconded by Supervisor Miga and Supervisor Moore and adopted
upon a roll-call vote as follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
RESOLUTION
#115 – AUTHORIZING THE COMMUNITY RESOURCES DEPARTMENT TO APPLY FOR AND ACCEPT A
GRANT FROM THE PRESERVATION LEAGUE FOR UPDATES TO THE CORNELL COOPERATIVE
EXTENSION BUILDING PLAN.
This resolution was moved by
Supervisor Tyler, seconded by Supervisor Miga and adopted upon a roll-call vote
as follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
RESOLUTION
#116 – AUTHORIZING TO CHANGE THE HOURS IN THE COUNTY CLERK’S OFFICE AND THE
DEPARTMENT OF MOTOR VEHICLES OFFICE TO BE OPEN FROM 8:00 A.M. TO 4:00 P.M. FOR
THE MONTHS OF JUNE, JULY AND AUGUST, 2016.
This resolution was moved by
Supervisor Morrow, seconded Supervisor Whitson and duly adopted.
RESOLUTION #117 – OF CONDOLENCE TO THE
FAMILY OF ROSEMARIE RITSON.
This resolution was moved by
Supervisor Marnell, seconded unanimously and duly adopted.
RESOLUTION #118 – OF RECOGNITION AND
CONGRATULATIONS TO JOSEPH FOOTE FROM THE TOWN OF SCHROON ON ACHIEVING THE RANK
OF EAGLE SCOUT.
This resolution was moved by
Supervisor Marnell, seconded unanimously and duly adopted.
RESOLUTION #119 – ACCEPTING, ADOPTING
AND PLACING ON FILE POLICIES, PLANS, PROCEDURES AND ANNUAL REPORTS.
This resolution was moved by
Supervisor Scozzafava, seconded Supervisor Merrihew and duly adopted.
RESOLUTION #120 – CHANGING THE DATE OF
THE JUNE, 2016 REGULAR BOARD MEETING FROM JUNE 6TH TO JUNE 7TH
This resolution was moved by
Supervisor Tyler, seconded Supervisor Monty and duly adopted.
RESOLUTION #121 – AUTHORIZING THE
PURCHASING AGENT TO REQUEST PROPOSALS (RFP) FOR THE REMEDIATION WORK OF THE
SEEPAGE PITS/SEPTIC SYSTEM AT THE FORMER HORACE NYE HOME.
This resolution was moved by
Supervisor Merrihew, seconded by Supervisor Gillilland and adopted upon a
roll-call vote as follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
RESOLUTION
#122 – REQUESTING SENATOR ELIZABETH LITTLE TO AMEND SECTION 50-A OF THE
CORRECTIONS LAW TO INCLUDE ESSEX COUNTY’S ABILITY FOR PRE-ARRAIGNMENT
DETENTION.
This resolution was moved by
Supervisor Gillilland, seconded by Supervisor Tyler and adopted upon a
roll-call vote as follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
RESOLUTION
#123 – OF CONDOLENCE TO THE FAMILY OF KENNETH E. COONROD.
This resolution was moved by
Supervisor Gillilland, seconded unanimously and duly adopted.
RESOLUTION #124 – CALLING ON THE STATE
OF NEW YORK TO FULLY REIMBURSE COUNTIES FOR DISTRICT ATTORNEY SALARY INCREASES
SET BY THE STATE.
This resolution was moved by
Supervisor Scozzafava, seconded Supervisor Gillilland and duly adopted.
RESOLUTION #125 – OF CONDOLENCE TO THE
FAMILY OF DR. NELSON HYATT.
This resolution was moved by
Supervisor Harrington, seconded unanimously and duly adopted.
RESOLUTION #126 – AUTHORIZING THE
HIRING OF A FULLTIME ASSISTANT COUNTY ATTORNEY FOR THE DEPARTMENT OF SOCIAL
SERVICES.
This resolution was moved by
Supervisor Gillilland, seconded by Supervisor Merrihew and Supervisor Marnell and
adopted upon a roll-call vote as follows:
AYES: 2049
votes
NOES: 572 votes (Monty,
Scozzafava, Tyler)
ABSENT:
0
votes
FEREBEE: Comments or questions?
MONTY: I know we’ve looked at this and we’ve talked
about this and need this but I still think we would be better off taking the
permanent position that we have now as part time attorney, full time because
we’re already paying him a part time salary but full time benefits. Now we are adding another full time salary,
full time benefits and I can’t believe that the attorney that comes on is going
to be here very long before he realizes that he’s doing twice the work for just
about the same pay and I think that’s going to be an issue and I just think
it’s going to come back and haunt us and I really think that we should consider
making that position the full time position and then see if we need to add a
part time.
FEREBEE: Thanks Mr. Monty. Any comments Dan?
MANNING: Just a couple of things your point about the
new person who might come on will be you know, upset that he’s doing twice the
work that the other guy does David already is doing the work and ¾ persons so
David needs a full time person in addition to Carl who does our JD’s, our PINS
and some of our guardianships. Carl is only a part time employee and he’s been
having to take Dave’s role in respect to guardianships and some of Dave’s stuff
as have I so Dave has told me he needs a full time person in addition to Carl
and that’s what I’m asking for.
I
can go through everything that I have gone through before as a comparison to
Mike Gallant where abuse, neglect and foster care and those types of cases in
2013 he had a total of 51 dockets, it’s a little different dockets are a little
different than cases but it’s apples to apples whereas Dave in 2015 had a 120
dockets that he had worked on which is two and a half times what Mike had
done. In addition because Dave is doing
a thorough job in the way it’s properly supposed to be done he’s involved in
more trials and trials take more time even preparing for trials takes a great
deal of effort sometimes he will find that it is two hours of preparation for
one hour of trial time there’s discovery involved in that nature so in my and I
broached these possibilities with David and he has said no, I need a full time
person. I need someone who’s going to be
here, who can cover in addition to what they’re doing I can’t be somewhere and
they can cover for me, I need to have someone that is there all the time
because I did say to him you know, I’m going to be questioned about well, can
we make Carl full time, he said no, he didn’t think that would work or can we
get a part time person in addition to Carl?
And he said no, he needed someone there that would be able to shoulder
the additional burden and be able to step into his shoes at any time whereas a
part time person wouldn’t be there all the time to be able to step into his
shoes if he needed that.
And
again in comparison Franklin County has three, full time county attorneys and
Clinton County has four county attorneys and those four would be kin to
probably three and three quarters because one of the county attorneys is the
administrator of that department. So I
would appreciate serious consideration of this request. Additionally I should state this is just to
reiterate old news but I think if memory serves 58% to 60% of the salary of
this individual will be reimbursed by social services through the State of New
York and then the additional amount will be recouped in John O’Neill’s current
budget for this year of course everyone knows.
MORROW: I understand where Mr. Monty is coming from
and I understand your concerns Mr. Manning but when we go out and advertise to
hire an attorney, full time for $55,000 the benefits might be the thing that
attracts them. I don’t even know if
we’re going to get anybody for that salary but I’m going to support this today
to see if we can get somebody for that salary and those people that are coming
on with their eyes wide open, they know what the other salaries are, they need
to look into it and if they don’t like it then that’s their problem.
MANNING: I think the goal is to get somebody train
them, have them be here and hopefully some day they might step into David’s
shoes.
MORROW: Well to answer that if I may, that happens a
lot and I hope you don’t just train somebody for them to be on their way.
MANNING:
Just as a side there’s no one who has been chosen or handpicked for this. I haven’t picked out anybody. I asked David he hasn’t picked out anybody,
no one else that I know has but there have been inquiries from some members of
the BAR which you know, I just don’t talk to them because I think it’s
inappropriate that they should be yapping to me about something that hasn’t
happened yet and some of them are good.
GILLILLAND: Taking a look at the data that Dan showed
this is going to be an opportunity to actually get ahead of the curb a little
bit you know, to stay focused because if you take a look at the number of
cases, the DSS cases and you take a look at the stuff that is coming out of
Albany dealing with unfunded mandates, indigent defense and DSS cases and stuff
like that we may be able to get ahead and if we don’t do it we’re going to be
drowning in these cases.
POLITI: I didn’t get the impression that Mr. Monty’s
position was against the hiring of another attorney. It is questioning the part time position, is
that correct Jim?
MONTY: Yes.
POLITI: So the other thing is this is upon the
recommendation of ways and means committee.
I assume it went through committee?
I assume it went through the salary review committee?
FEREBEE:
Right, it did.
POLITI:
And I assume that it was endorsed by that committee? I have no problem with it.
FEREBEE: Yes it was.
SCOZZAFAVA: Is the part time getting benefits right now?
MANNING: Yes.
SCOZZAFAVA: So why would we not make the part time, full
time and hire a part time without benefits?
MONTY: If he doesn’t want full time, then he’s got a
choice.
SCOZZAFAVA:
I mean that’s a reasonable question and that certainly would save a lot of
money.
MANNING: Okay let me get a grip on this. You want to hire a part time person without
benefits?
SCOZZAFAVA: The part time person in that position right
now that’s receiving full benefits correct?
MANNING: Correct.
SCOZZAFAVA: So why not make the part time full time since
he’s getting benefits already, hire a part time without benefits? Save us a substantial amount of money.
MANNING: I don’t know. I never heard of us hiring an
attorney without benefits, part time without benefits.
SCOZZAFAVA: Well we certainly have hired enough attorneys
since I’ve been on the board here.
MANNING:
I’m sure they all have benefits.
SCOZZAFAVA: I’ve given this a lot of thought and it’s not
a question of what you’re asking for okay it’s a question of what the
Commissioner is asking for and what I’ve asked for around here for a number of
years to get somebody on these slum lords that rent these apartments out to
most of the people that are on public assistance and nobody does a thing about
it period. Where you can probably stop a lot of these issues before they even
get to the court.
MANNING: Maybe they need to do that.
SCOZZAFAVA: Well maybe he can but he doesn’t. He always comes back with I can’t do that, we
can’t do that, we can’t send a caseworker, we can’t do this, we can’t do that
now he comes in and asks for an attorney?
I’m not supporting it period.
You’ve got a part time if you want to make that part time, full time
hire a part time without benefits you’ve got my vote.
PALMER: There was a resolution on the books quite a
ways back I don’t know how far back it goes but all attorneys for recruitment
purposes were afforded full benefits if they were hired. We had a hard time getting attorneys to leave
a private practice if and fact the benefits weren’t included so the reason the
attorneys are hired with full time benefits is for recruitment purposes.
MANNING:
Which is a good point.
POLITI:
I understand Tom’s position did anybody ask the part time person if he wants a
full time job? He might not want the
full time job if that’s the case we’re right back to square one. Have you talked to him Tom?
SCOZZAFAVA: I have not.
POLITI: Has anyone talked to him?
MANNING: I have spoken to him about the job and he
hasn’t indicated that he wanted it.
POLITI: He indicated?
MANNING:
He has not indicated that he wanted it.
I didn’t ask him if he wanted it but he has not said he wanted it.
PALMER: One other thing you are creating a full time
position any attorney who is interested can apply. That means Carl can apply if
he’s interested. It doesn’t mean that he
will be the one chosen but he again if you’re creating what we are talking
about here, is we are creating a full time attorney’s position whoever wants it
can apply for it.
FEREBEE: True.
MONTY:
I guess my question then would be so if we went to Carl and asked him do you
want the full time position or not would it be within our ability to say well,
it’s going to be your position now is going to be full time you have a
choice. Either you work full time or we
find somebody else to work that, is that within the realm of possibility?
MANNING: I don’t think David wants Carl for the
position that he wants.
MONTY: So there are more things to this then?
MANNING: Well he wants someone that is young that he
can train that will be able to step into his shoes eventually and Carl you know
Carl is semi-retired.
GILLILLAND: I think if we remove the personalities out of
it the need is for another full time position and I think what Mr. Monty is
talking about is just increasing it by a half time position so the review that
we did we took a look at it and believe that a full time position is needed
particularly if you take a look at the ratifications coming out it.
FEREBEE:
I have to agree with both Dans. If we
were to advertise this as a full time job then he has the opportunity to apply
for that full time job. What do we have
to lose by advertising?
MANNING:
Another point someone suggested we need to get ahead of the curb I think it was
Mr. Gillilland. Soon coming down the
pike currently 16 and 17 year olds if they are involved any sort of a crime
they’re prosecuted at the County Court level through the District Attorney’s
office. Chief Justice Lippman for some
years now a couple two, three years has pushed through the State Senate and the
Assemblyman I’m not sure if it’s been completed or not but that the 16 and 17
year olds will now become JD’s which is going to put a huge burden on our JD
people so if we have another lawyer that other lawyer will be able to help with
those and I’m hopefully going to get funding with that because that’s a huge
segment of what I’ll call youthful offenders that are being taken care of by
the criminal system will now be taken care of by JD’s which would be Carl’s
position and any other county attorney that we have.
POLITI: It seems to me the question in hand is the
resolution you need a full time position.
The question of a part time position is argument for another day. If you decide that you don’t want a part time
position you can argue about that another time but right now the issue at hand
is a full time person which the salary review committee has endorsed after a
review so I mean it’s pretty simple. You
are voting on that. The issue of the
part time person can be raised by anyone at another time.
SCOZZAFAVA: The real question is are we creating a full
time position because the part time position isn’t carrying his part of the
load?
MANNING: No.
SCOZZAFAVA: I mean let’s call a spade a spade here.
PALMER: It’s a different load.
MANNING: He’s carrying his load.
SCOZZAFAVA: So then why if he’s carrying load, he’s doing
a great job from what you’re saying why wasn’t he offered the full time
position? I don’t get it?
MANNING: I’ve spoken to him about it. He asked me what’s going on with that? I don’t think he wants it.
SCOZZAFAVA: Was he offered it?
MANNING: No.
SCOZZAFAVA: Why wouldn’t you ask your part time employee?
MANNING:
What difference does it make?
SCOZZAFAVA:
If I had a part time employee working for me and they were doing a great job
that would be the first one I would ask.
We are going full time, do you want that position?
MANNING: It’s different. He’s doing different duties. Carl is principally a criminal attorney. He cut his teeth working for the New York
City District Attorney’s office for years that’s his area of expertise. JD’s and PINS are a variation of criminal
matters as they involve youngsters so he’s good at that. He can evaluate a case, he knows how to do it
from soup to nuts. David’s positions are
child support, child support enforcement, abuse and neglect cases which we have
a ton of, fair hearing with respect to abuse and neglect and CPS, adoptions,
foster care work, enforcing our liens, enforcing Medicaid, guardianships the
whole nine yards so they are two separate jobs so Carl has no experience in
those areas.
SCOZZAFAVA: So the new attorney would be doing what then? He comes in off the street at $55,000 a year
with no experience in anything, what would he do?
MANNING: The new attorney – what usually happens with
new attorneys is that they are eager to learn, they are hard workers, they’re
usually bright, we are going to get a bright one, they step in and they are
raring to go. Now are they going to be
ready full bore? No not immediately but
it won’t take long for them to fall into the system and do the job.
FEREBEE:
Any further comments or questions?
TYLER: Yes I’m listening to the debate that’s going
on here and I have no doubt that we need another full time attorney and I think
the major concern here is the part time position and my major concern with that
issue I may be able to support this if there is full consideration to doing
away with that post. From what I’m
hearing a full time is going to be able to take over those duties and learn
more duties but right now I have concern with this part time position.
MANNING:
Just to clarify if we did away with the part time and just had the full time we
would be right back we would have basically another part time person doing a
full time job because that part time person would have to help Dave somehow and
then have to assume Carl’s position so it would be a full time person doing one
and a half jobs and you’d be right back to where you started.
FEREBEE: Any further comments or questions?
McNALLY: I think this is the social services
department you know it’s based on helping people who need help and these are
probably less fortunate people in the county and they do need help and when Dan
comes and tells us that there’s plenty of work for a full time position and
it’s going to be a $30,000 investment to serve these people I’m going to
support it .
MARNELL: I have to rely on Dan. I think he is taking the best interest of the
county. I don’t think he would be
presenting this issue if he feels it wouldn’t work the best for us and if I
felt he wasn’t working that hard I would make a motion to hire another county
attorney.
FEREBEE:
I agree. Dan doesn’t come forward and ask
for a whole lot so it’s his recommendation and as we said earlier it went
through the committee, it went through the salary committee and again it’s just
asking for a full time attorney.
HARRINGTON: You’ve outlined all the responsibilities of
this attorney will have and I will find
this very, very difficult to assume that anyone could do those duties at the
part time level.
FEREBEE: Anyone else?
No one else? Roll call vote
please.
GARRISON: The resolution carries.
MANNING: Thank you very much.
RESOLUTION #127 – AUTHORIZING AN
EMERGENCY, CONTRACT FOR REPAIRS TO THE WATER STREET BRIDGE, IN THE TOWN OF
ELIZABETHTOWN, FUNDS TO COME FROM BRIDGE PROJECT.
This resolution was moved by
Supervisor Merrihew, seconded by Supervisor Marnell and adopted upon a
roll-call vote as follows:
AYES: 2921
votes
NOES: 0 votes
ABSENT:
0
votes
RESOLUTION
#128 – AUTHORIZING THE PURCHASING AGENT TO REQUEST FOR PROPOSAL (RFP) FOR A
3,000 SQUARE FOOT MODULAR BUILDING FOR THE NUTRITION SITE KITCHEN.
This resolution was moved by
Supervisor Morrow, seconded by Supervisor Scozzafava and adopted upon a
roll-call vote as follows:
AYES: 2815
votes
NOES: 0 votes
ABSENT:
0
votes
ABSTAIN:
106 votes (Tyler)
FEREBEE:
Comments or questions?
McNALLY: Is
that for rental or to purchase?
PALMER: No
that is actually to have one built, a modular built, brought on site and we
would then have our own foundation. The
advantage to doing it that way is that we could get it built and when it’s a
modular built off site you don’t pay prevailing wage rates so you’re not
subject to the prevailing wage rates so you could build it for quite a lot less
at least we believe that.
Now this resolution that I’m asking you for is
simply for us to go out and get a price for you to consider. It’s not authorizing
us to buy it or anything like that it’s just, we want to get a handle on what
it would actually cost to do a modular.
McNALLY: And
this building is going to have a life expectancy – this is going to be the
kitchen?
PALMER: This
would be the new kitchen yes.
McNALLY:
3,000 square foot is that adequate?
PALMER: Yes
we believe that is adequate. It’s based
upon what they have over there now.
FEREBEE: Any
further comments or questions? Being
none, roll call vote please.
RESOLUTION
#129 – OF CONDOLENCE TO THE FAMILY OF LYN ROSS LOBDELL.
This resolution was moved by
Supervisor Tyler, seconded unanimously and duly adopted.
FEREBEE: Any
further resolutions to come from the floor?
SCOZZAFAVA: I
would like to offer a resolution of appreciation to Judy Brassard upon her
retirement as an EMT, Town of Moriah Ambulance Squad for 21 years.
FEREBEE: Do
we have twelve to allow that on the floor?
GARRISON: Yes you do.
FEREBEE:
Unanimous second, thank you.
RESOLUTION
#130 – OF APPRECIATION AND CONGRATULATIONS TO JUDY BRASSARD FOR HER MANY YEARS
OF SERVICE AS AN EMERGENCY MEDICAL TECHNICIAN WITH THE TOWN OF MORIAH AMBULANCE
SQUAD AND UPON HER RETIREMENT.
This resolution was moved by
Supervisor Scozzafava, seconded unanimously and duly adopted.
FEREBEE:
Anything else? Any further
business?
MOORE: We
have a labor management meeting scheduled for 11:00 and while we have everyone
here we start at quarter of eleven we’ll have labor management.
FEREBEE: Okay.
Anything else? Anything else to
come before the board?
MANNING: I’d
like to ask for an executive session relative to a current litigation Sindy
Brazee vs. Essex County. This won’t take long but I do need to apprise you of
that.
FEREBEE: Moved
by Mr. Tyler, seconded by Mr. Merrihew. All in favor, opposed – carried. We are now in
executive session.
THE COMMITTEE MOVED INTO EXECUTIVE SESSION AT 10:37
A.M. TO DISCUSS CURRENT LITIGATION SINDY BRAZEE VS. ESSEX COUNTY.
THE COMMITTEE MOVED BACK INTO OPEN SESSION AT 10:57
A.M.
FEREBEE: Someone
move that we return to regular session?
Moved by Mr. Morrow, seconded by Mr. Giordano. During executive session no decisions were
made. We returned to session at 10:57
a.m.
MANNING: As Chairman Ferebee said no decisions were
made in executive session however I did bring before the board a letter dated
April 29, 2106 from Bryan L. Kennelly who is the attorney for Sindy Brazee
relative to her suit against Essex County.
I did provide them with legal advice in executive session. At this time after having listen to me I
would ask for a resolution declining the settlement offer of Sindy Brazee of
$30,000 in exchange for a quick claim deed to the properties. I would ask for a motion, a second and a
resolution.
FEREBEE: Do I have twelve to allow that on the floor?
GARRISON:
Yes you do.
FEREBEE: Moved by Mr. Monty, seconded by Mr. Giordano
and Mr. Gillilland.
RESOLUTION # 131 – DECLINING THE
SETTLEMENT OFFER OF $30,000.00 MADE BY BRYAN KENNELLY, ESQ. ON BEHALF OF SINDY
BRAZEE IN THE MATTER OF BRAZEE V. ESSEX COUNTY, ET AL.
This resolution was moved by
Supervisor Monty, seconded by Supervisor Giordano and Supervisor Gillilland and
adopted upon a roll-call vote as follows:
AYES: 2788
votes
NOES: 133 votes (Marnell)
ABSENT:
0 votes
FEREBEE:
Comments or questions? Roll call
vote.
MARNELL: No –
I’d take the $30,000 and run.
FEREBEE: Any
further resolutions? Any further business
to come before this board? Being none,
we are adjourned.
As
there was no further discussion to come before this regular board meeting it
was adjourned at 10:56 a.m.
Respectfully submitted,
Judy Garrison, Clerk
Board of Supervisors