Herkimer Co. considering new attorney for jail lawsuit

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dale from lenox mass

Little Falls, NY

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#1
Oct 19, 2013
 

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HERKIMER — Herkimer County might hire outside legal counsel for a lawsuit with the village of Herkimer regarding the location of a new county jail.

The county’s Ways & Means Committee on Friday voted 4-1, with two absentees, to put a resolution to the full Legislature. The resolution calls for hiring the West Firm in Albany to further pursue the lawsuit between the village and county.

The state Supreme Court Appellate Division ruled last month that the county and the village must return to state Supreme Court to provide more detailed documentation on whether the county's interest in building a jail trumps the village of Herkimer's interest.

That overruled a previous decision by state Supreme Court Justice Erin Gall, who ruled in favor of the county, declaring Herkimer's amended zoning ordinance that prohibited construction of a jail “null and void.”

County Attorney Robert Malone said he recommended the firm because the lawsuit is a specialized matter.

“They’re experienced in these types of cases which are pre-emption cases, balancing of interests test and home rule rights of municipalities,” he said.

Malone said the cost of hiring outside council would be expensive:
$350 per hour for one attorney.
$225 per hour for another attorney.
$100 per hour for paralegal time.

“It’s not a question of what would be the cheapest, but what would be most advisable for the county and the taxpayers,” he said.

This isn’t the first time the county has hired outside counsel for pursuing the village location for the jail, Malone said. It also hired one to deal with environmental issues at the site.

For years, the county has been going through the motions of building a 130-bed facility — which is anticipated to cost between $33 million and $34 million as proposed by LaBella Associates — at the former P&C Foods site located on state Route 28 in Herkimer. The cost could change if the county moves forward with a new architect — Goldberg Group Architects, PC, based in Missouri — which is proposing a $16 million facility.

If the full Legislature approves a resolution to hire the firm Wednesday, there would be no time frame on the contract, Malone said.

Legislator Dennis Korce, R-Mohawk, voted against the plan.

“I’m still opposed to the construction of a jail. I haven’t changed my position,” he said.

Korce added that he believes there are alternatives to the construction, such as the consideration of a regional jail with Oneida County, which wasn’t fully explored.

“I think there was potential for discussion that was never had,” he said.

OF COURSE ITS NOT A QUESTION OF BEING THE CHEAPEST, MALONE YOU BALD HEADED PRICK, WHY WOULD IT BE, ITS NOT YOUR MONEY, YOU NO GOOD DO NOTHING DCIK, U TOO KORCE. U BUMS ARE NOTHING BUT PENSION PAD LEACHES WHO SUK US DRY, U TOO SHRECK WALLACE. GET OUTTA HERE ALAREADY/...

Read more: http://www.uticaod.com/news/x638682481/Herkim...
poor lil fella

Stephentown, NY

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#2
Oct 21, 2013
 

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I hope the county hires the best.
ThisIsGreat

Little Falls, NY

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#3
Oct 22, 2013
 

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Gull over ruled by the Appellate Court. LOL... This is what happens when you elect someone to the Supreme Court who isn't qualified. Thank You Herkimer County Republicans. This will be the first of many blunders. Perhaps that genius Maneri should handle this case for Malone. The County Attorney can't handle it nor his assistant nor Erin Gull. Now we have to hire outside counsel. If this wasn't so pathetic it would be sad.
be real

Stephentown, NY

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#4
Oct 22, 2013
 

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ThisIsGreat wrote:
Gull over ruled by the Appellate Court. LOL... This is what happens when you elect someone to the Supreme Court who isn't qualified. Thank You Herkimer County Republicans. This will be the first of many blunders. Perhaps that genius Maneri should handle this case for Malone. The County Attorney can't handle it nor his assistant nor Erin Gull. Now we have to hire outside counsel. If this wasn't so pathetic it would be sad.
Whatever the outcome, the village loses.
true

Stephentown, NY

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#5
Oct 22, 2013
 
I'm right, ask Dale.
Bob

Utica, NY

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#6
Oct 23, 2013
 

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Thanks go out to Rose & her little minions for CONTINUING TO PUT UP ROAD BLOCKS & COSTING THE HERKIMER COUNTY TAXPAYER MORE MONEY!!!!!!! You are all obstructionist, Tea-Party minded people. Even the county's Democrats don't agree with you!!
pretend to be smart

Utica, NY

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#7
Oct 23, 2013
 
Bob wrote:
Thanks go out to Rose & her little minions for CONTINUING TO PUT UP ROAD BLOCKS & COSTING THE HERKIMER COUNTY TAXPAYER MORE MONEY!!!!!!! You are all obstructionist, Tea-Party minded people. Even the county's Democrats don't agree with you!!
Actually, it was the Village not Helen Rose who blocked the County regarding the P&C site.
pretend to be smart

Utica, NY

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#8
Oct 23, 2013
 
"If the full Legislature approves a resolution to hire the firm Wednesday, there would be no time frame on the contract, Malone said"

Which pretty much means a blank check with no end in sight to what it will cost the taxpayers.
mother may I have another

Utica, NY

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#9
Oct 23, 2013
 
Bob wrote:
Thanks go out to Rose & her little minions for CONTINUING TO PUT UP ROAD BLOCKS & COSTING THE HERKIMER COUNTY TAXPAYER MORE MONEY!!!!!!! You are all obstructionist, Tea-Party minded people. Even the county's Democrats don't agree with you!!
What I don't get bob is what about the owner of the property that does not want to sell. What about that money that is wasted. You seem to cherry pick just like all republicans.
barfly

Cold Brook, NY

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#10
Oct 23, 2013
 
How much has this play pen cost so far??Chrissies new welfare palace,oh the shame of it all.
Just saying

Little Falls, NY

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#11
Oct 23, 2013
 

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barfly wrote:
How much has this play pen cost so far??Chrissies new welfare palace,oh the shame of it all.
Stay on topic, or don't bother posting...the Sheriff has no say in when where or how the jail is built. If you have a problem with the current Sheriff, get off the bar stool and run for office....jerk ....
pretend to be smart

Utica, NY

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#12
Oct 24, 2013
 

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Just saying wrote:
<quoted text>
Stay on topic, or don't bother posting...the Sheriff has no say in when where or how the jail is built. If you have a problem with the current Sheriff, get off the bar stool and run for office....jerk ....
If you think the Sheriff has no influence regarding the jail then you should get off the bar stool and detox for the next few years to salvage whatever little brain matter is left.

BTW, the Sheriff runs the jail, therefore the post you referenced is on topic.

PWNED.
pretend to be smart

Utica, NY

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#13
Oct 24, 2013
 

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mother may I have another wrote:
<quoted text>
What I don't get bob is what about the owner of the property that does not want to sell. What about that money that is wasted. You seem to cherry pick just like all republicans.
Eminent Domain to take the property, which will ultimately cost even more money in legal expenses. If the owner does not want to sell, then they would probably fight it out in court. Yup, that blank check the county is writing for legal fees just got bigger...
Want my money back

Boston, MA

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#14
Nov 7, 2013
 
Who Was In Charge Of Building The New Jail? Why Would This One Last Longer? Most Of The Schools In The County Are Older Than The New Jail......Crooks Better Than Our Children?
Resident

Little Falls, NY

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#15
Nov 7, 2013
 
They definately should consider it. Which begs the question. Why do you have a county Attorney and his useless minions ? I mean, if we are going to hire more qualified outside attorneys, lets just bring them on payroll and ditch the other incompetent people.
tisk tisk

New York, NY

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#16
Nov 7, 2013
 
pretend to be smart wrote:
<quoted text>
Eminent Domain to take the property, which will ultimately cost even more money in legal expenses. If the owner does not want to sell, then they would probably fight it out in court. Yup, that blank check the county is writing for legal fees just got bigger...
Thank god the county has 20mill, liquid.
pretend to be smart

Utica, NY

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#17
Nov 7, 2013
 

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tisk tisk wrote:
<quoted text>
Thank god the county has 20mill, liquid.
except, it doesn't....
funny

New York, NY

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#18
Nov 7, 2013
 
pretend to be smart wrote:
<quoted text>
except, it doesn't....
Really? Oh that's right, the county will have 20mill liquid at the time the jail is completed.

Or am I completely wrong and the village has all the money? hahahahahahaha
jerkoff

Herkimer, NY

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#19
Nov 7, 2013
 
funny wrote:
<quoted text>
Really? Oh that's right, the county will have 20mill liquid at the time the jail is completed.
Or am I completely wrong and the village has all the money? hahahahahahaha
Its not liquid assets.

Yes, you are completely wrong. Step out into traffic and do us all a favor...
blome

New York, NY

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#20
Nov 7, 2013
 
jerkoff wrote:
<quoted text>
Its not liquid assets.
Yes, you are completely wrong. Step out into traffic and do us all a favor...
Primary liquid assets are Cash, Receivables and Marketable Securities.

Our county now plans on paying about 20mill for the new jail and will have 20mill on hand at the completion.
Get it?
Whether you believe it or not you heard it on topix first.

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