Rensselaer County Legislature – More Like Washington

by Kieron Kramer
Marked by lack of transparency and lack of productivity, the meeting of the Rensselaer County Legislature on Tuesday, July 9, resembled more the mode of governance in Washington, DC, than in Troy. [private]Although there were only 27 resolutions to be considered, usually there are almost twice as many, one presentation, often there are five or six, and a public hearing, the session at two hours was one of the longest of the year. Out of the  two hours, one hour and 23 minutes was spent in “recess” right after the presentation period. The “recess” was actually the legislators withdrawing to the majority conference room to debate two issues behind closed doors.
One issue was a resolution authorizing a lease agreement with First Columbia 547 River Street, LLC for office space in its Flannigan Square office building for use by the social services, probation and youth departments of the County. This was the same resolution as the one  that was tabled last month because of problems with the lease. After one month to sort out the problems, and the lengthy “recess” this evening, the problems with the lease remain and the resolution was tabled again, along with an ancillary resolution establishing a Human Services Departments Relocation Project Committee. According to this related resolution the magnitude of this project requires a special committee to make decisions concerning the costs associated with architectural design, fit up, facility security, telephone and technological needs and relocation and to expedite the award of contracts. The three person committee would allocate $250,000 as budgeted in 2013, $300,000 fit up costs financed by the landlord under the lease and a maximum of $400,000 to purchase and install the telephone system. The point of the committee is to expedite the move into the new facility. The resolution authorizing the lease providing an adequate new space for these County departments was perhaps the most important issue on the Legislature’s agenda Tuesday.
In an interview after the session, Vice Chairman of the Legislature Stan Brownell, who represents District Five which includes the towns of Stephentown, Grafton, Berlin, Petersburgh, Hoosick and the Village of Hoosick Falls, said that the lease was very complicated. According to Brownell, the lease is 32 pages long, has renewal terms that can extend the 10 year lease to 20 years, has a buy out clause and does not resolve the issue of who is responsible for maintaining the elevator and the public space to which the County wants sole access. Why this had not been resolved during the month after the first lease resolution was tabled Brownell attributes to County Attorney Stephen Pechenik’s inexperience in real estate matters. The County retained a commercial lease lawyer in mid-June to sort out the problems, but there were so many “verbiage” issues that they could not be resolved even in the recess. Brownell said that the lawyer for First Columbia 547 River Street, LLC, the commercial lease lawyer retained by the County, Pechenik and Craig Crist, the Counsel to the Legislature’s Majority, will have to confer. It is hoped that the lease will be made satisfactory to all parties by July 22, the date of the Legislature’s special meeting to be held in the Chambers at 5:30 pm to vote on the matter .
The HVCC Budget
The other issue discussed by Legislators behind closed doors was the 2013-2014 budget for Hudson Valley Community College. The public hearing held before the presentation period at this session was on this topic. Only the President of HVCC, Drew Matonak, spoke during the hearing. His 25 minute presentation summed up the accomplishments of the institution and the cost cutting and efficiencies that have been put into place. Matonak gave a history of community colleges in the State. They were formed in 1948, funded in 1953 by 1/3 local, 1/3 State and 1/3 student revenues and funded again in 1972 by 27% local, 40% State and 33% student revenues. Currently the student revenues include a tuition of $1,284 for in-county students and $2,440 for out of county students. In April, Matonak said, the State passed a law mandating that the chargeback to counties for HVCC’s out of county students equal the amount for the in-county students. Consequently, HVCC is asking for a little more support from the County, the total this year being $3,591,900. At the end of the public hearing Legislators were asked if they had questions of Matonak or his administration, who were present in the gallery. No legislators spoke.
But, apparently, there was a problem, and the problem was discussed behind  closed doors in the “recess.” Usually the debate on resolutions is held on the floor when the resolution comes up for a vote. The resolution adopting the budget for HVCC passed 15-2 with Ken Herrington and Michael Cristo Jr. voting against it, with two Legislators absent. The only comment was from Herrington who said that the $253,000 more that HVCC was asking for should have been able to be saved somewhere in HVCC’s total budget of $110,150,437.
Spending Money On A Lawsuit
The Legislature authorized an appropriation of up to $30,000 to retain Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., of Albany to defend the County, Rensselaer County Sheriff Jack Mahar, Ron LaFountain, Christine LaFountain and Elaine Young in District Federal Court in a civil lawsuit.  The plaintiffs are Dominic Pasinella and Marjorie Pasinella on behalf of S.P., a minor child.
Deputy County Executive Chris Meyer said after the meeting that he thought that a young girl had been bitten by a neighbor’s dog, that the neighbor was an employee of the County Department of Corrections and that Corrections Department employees accessed the girl’s medical records in violation of the HIPAA Privacy Laws. According to an article in the Times-Union, the parents of the Melrose girl allege that her “hospital records were viewed at least twice from a computer used by nurses at the County jail. The girl was 11 when she was bitten three years ago by a dog owned by a corrections officer, Ron LaFountain, who was her neighbor. The federal lawsuit alleges [that Ron] LaFountain, who was sued by the girl’s parents for her bite injuries, had a motive to review her medical records.” LaFountain’s wife, Christine, and Elaine Young, a former jail nurse, are also defendants. The Sheriff’s Department did not respond to a request for a statement.
According to the resolution, “The insurer of the County has declined both indemnification and defense of the named defendants in this lawsuit; and… In this lawsuit, the County must proffer a defense on behalf of its employees, elected official[s] and itself.”  The retained counsel has experience and expertise in defending lawsuits of this nature in the federal courts, the resolution says.
Saving Money
At the July 9 meeting the Legislature authorized the purchase of one Canon copier  by the County Board of Elections for $22,487. The price includes a five year maintenance agreement as well as a five year toner agreement. According to the resolution, New York State will be reimbursing the Board of Elections 100% for the purchase. Both Brownell and the other District Five Legislator, Lester Goodermote, praised the Board of Elections for its initiative. The special copier will be used by the County to print ballots for use in the scanning voting machines in elections in the County. Up to now the printing of ballots has been outsourced. Last year the cost was $43,200 to provide ballots for the general election from an outside source.
In Memory Of Rev. William H. O’Dell
The Legislature adjourned the meeting with a resolution memorializing Reverend William H. O’Dell of Grafton, who died on May 15, 2013. The resolution says, “It is customary for this Legislative Body to pay honor and respect to persons who have had a great impact and influence on the citizens of this county during their time on this earth; it is with particularly deep sadness that we conclude this evening’s deliberations in honor of a truly respected member of the community…it is the intent of this Legislative Body to express sincerest sorrow upon the death of Reverend William “Billy” H. O’Dell, Jr.
According to the resolution Reverend O’Dell was born and raised in Grafton. He was the son of the late William H. and Eudella Weeden O’Dell and attended the Grafton one room school house and Berlin High School. After school he began work with his father in the family logging and saw mill business. “At the age of thirteen, Billy received Christ as his personal Savior and was later ‘called’ to The Gospel Ministry while in the family business. Following ‘the call,’ he enrolled in the Moody Bible Institute in Chicago, graduating three years later,” the resolution says.
According to the resolution, Reverend O’Dell served as the joint pastor of the Alps Baptist and West Stephentown Baptist Churches for ten years before being called to the Grafton Baptist Church where he served for fifty years. Twelve of those years he joint pastored with the Stephentown Center Church. Pastor O’Dell served the people of Grafton and surrounding areas, regardless of church affiliation, being on call twenty-four hours a day, seven days a week. He also built houses and was a master carpenter, teaching many young men the trade over the years.
The resolution says, “Reverend William O’Dell will be missed by his family: his wife, Astrid Marie Ring O’Dell; his son, David (Kathy); his two daughters, Deborah (David), and Ingrid (John); his two sisters, Lucy and Mary (Bob); his brothers, Jared (Catherine), Theron (Betsy), and Bill (Doris); nine grandchildren: Seth, Shea, Saul, Kara, David, Isaac, Erik, Mark, Chad; and twenty great-grandchildren; as well as his many friends and acquaintances. He was predeceased by his sister, Dawn Claus.”
The Rensselaer County Legislature concluded its deliberations in memory of Reverend William O’Dell and extended its “deepest sympathy to his family, fully confident that his contributions to his community will live on to serve as a legacy for all.” The Clerk of the Legislature will transmit a copy of this resolution, suitably engrossed, to the family of Reverend William “Billy” H. O’Dell, Jr.[/private]