Due to the county Legislature’s failure to follow legal regulations on the sale of public-use land, the public will now get a chance to vote on the sale of Country Manor Adult Home to Valley Health Services.
The Legislature learned Wednesday its sale of the county-run adult care facility has been voided because it lacked the necessary votes and didn’t have a law in place to avoid a public auction.
The resolution to approve the sale in April lacked the necessary two-thirds vote of the Legislature, passing with 11 votes instead 12, and the county did not have the authority to make a private sale of the facility, according to county Attorney Robert Malone.
A local law must be passed in order for the county to be able to sell Country Manor to VHS exclusively, rather than selling it at a public auction to the highest bidder, Malone said.
The Legislature on Wednesday set a public hearing for Aug. 11 at 6 p.m. for the local law.
But the local law will not take effect for 45 days to allow for the permissive referendum process, according to Malone. The referendum process allows a member of the public to collect a set number of signatures to call for a public vote on the law.
The number of signatures necessary is based on the number of ballots cast in the last governor’s race, which Malone said was 19,328. A referendum petition must contain 10 percent, or at least 1,933 signatures, of that total to call for a vote.
Without a petition calling for the vote, the Legislature can vote on a sale of the facility to VHS after the law goes into effect, Malone said. The oversight was discovered during the sale process, he added.
An agreement between the county and VHS, a Bassett Healthcare affiliate, must also be renewed in order for the sale to move forward.
The county had agreed to pay VHS a total of $1 million over four years to take over ownership of the facility, which traditionally was operated at an annual loss.
A $4.2 million state Department of Health grant was awarded to VHS to assist in the takeover.
It is unclear how the sale will be affected by the oversight, as there are several deadlines involved in the funding.
The grant has a 24-month deadline for expenditure, and the clock started ticking in October, several legislators have said.
Facility employees, residents and affected family members are also, once again, left guessing as to their future.
Legislator Helen Rose, D-Herkimer, said she has been against the entire manner in which the county handled the sale of the facility.
The Legislature didn’t do a good enough job to get information about the sale or future for residents, both current and prospective, and that may have limited alternative options, Rose said. “I like the idea the idea that they have a chance to collect [signatures] to have a vote if they wanted,” she added.
In other action:
The county Ways and Means Committee discussed a sexual harassment complaint filed by Helen Rose against fellow Legislator Vincent Bono, R-Schuyler.
Patrick Russell released an official statement following an executive session.
“Because of the sensitivity of the issue of harassment, our policy requires that we conduct investigations confidentially to ensure protection for those involved,” according to the statement.
The complaint states that Bono called Rose a liar following a Legislature session. After words were exchanged between Bono and Rose, he put his hands on his crotch and said “Helen, you got my (male genitals) in a vice,” the complaint continues.
Russell kept the meeting closed from any legislators and officials who do not serve on the committee. Bono, who is on the committee, recused himself. Steven Billings, the county Personnel officer who is conducting the investigation, was allowed to stay during the discussion. A union official was also allowed to stay.
The complaint also calls for Bono to be assigned to anti-discrimination training, be put on censure and removed from leadership positions. It also calls for a public apology from Bono.
Bono left the building before he could be reached for comment.
Rose said she does not want to “pre-judge” the outcome. But she does have concerns related to the make-up of the committee, as several of the members are potential witnesses to the incident.
There is also concern related to members having spoken out publicly against Rose’s actions, and the impact on their decision, Rose said.
“Any action, if taken by the committee, will be announced at the appropriate time as required by our policy and the appropriate statute,” Russell added in his statement.
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Due to the county Legislature’s failure to follow legal regulations on the sale of public-use land, the public will now get a chance to vote on the sale of Country Manor Adult Home to Valley Health Services.
The Legislature learned Wednesday its sale of the county-run adult care facility has been voided because it lacked the necessary votes and didn’t have a law in place to avoid a public auction.
The resolution to approve the sale in April lacked the necessary two-thirds vote of the Legislature, passing with 11 votes instead 12, and the county did not have the authority to make a private sale of the facility, according to county Attorney Robert Malone.
A local law must be passed in order for the county to be able to sell Country Manor to VHS exclusively, rather than selling it at a public auction to the highest bidder, Malone said.
The Legislature on Wednesday set a public hearing for Aug. 11 at 6 p.m. for the local law.
But the local law will not take effect for 45 days to allow for the permissive referendum process, according to Malone. The referendum process allows a member of the public to collect a set number of signatures to call for a public vote on the law.
The number of signatures necessary is based on the number of ballots cast in the last governor’s race, which Malone said was 19,328. A referendum petition must contain 10 percent, or at least 1,933 signatures, of that total to call for a vote.
Without a petition calling for the vote, the Legislature can vote on a sale of the facility to VHS after the law goes into effect, Malone said. The oversight was discovered during the sale process, he added.
An agreement between the county and VHS, a Bassett Healthcare affiliate, must also be renewed in order for the sale to move forward.
The county had agreed to pay VHS a total of $1 million over four years to take over ownership of the facility, which traditionally was operated at an annual loss.
A $4.2 million state Department of Health grant was awarded to VHS to assist in the takeover.
It is unclear how the sale will be affected by the oversight, as there are several deadlines involved in the funding.
The grant has a 24-month deadline for expenditure, and the clock started ticking in October, several legislators have said.
Facility employees, residents and affected family members are also, once again, left guessing as to their future.
Legislator Helen Rose, D-Herkimer, said she has been against the entire manner in which the county handled the sale of the facility.
The Legislature didn’t do a good enough job to get information about the sale or future for residents, both current and prospective, and that may have limited alternative options, Rose said. “I like the idea the idea that they have a chance to collect [signatures] to have a vote if they wanted,” she added.
In other action:
The county Ways and Means Committee discussed a sexual harassment complaint filed by Helen Rose against fellow Legislator Vincent Bono, R-Schuyler.
Patrick Russell released an official statement following an executive session.
“Because of the sensitivity of the issue of harassment, our policy requires that we conduct investigations confidentially to ensure protection for those involved,” according to the statement.
The complaint states that Bono called Rose a liar following a Legislature session. After words were exchanged between Bono and Rose, he put his hands on his crotch and said “Helen, you got my (male genitals) in a vice,” the complaint continues.
Russell kept the meeting closed from any legislators and officials who do not serve on the committee. Bono, who is on the committee, recused himself. Steven Billings, the county Personnel officer who is conducting the investigation, was allowed to stay during the discussion. A union official was also allowed to stay.
The complaint also calls for Bono to be assigned to anti-discrimination training, be put on censure and removed from leadership positions. It also calls for a public apology from Bono.
Bono left the building before he could be reached for comment.
Rose said she does not want to “pre-judge” the outcome. But she does have concerns related to the make-up of the committee, as several of the members are potential witnesses to the incident.
There is also concern related to members having spoken out publicly against Rose’s actions, and the impact on their decision, Rose said.
“Any action, if taken by the committee, will be announced at the appropriate time as required by our policy and the appropriate statute,” Russell added in his statement.
