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The Times
  • Herkimer appeals court ruling on county jail

  • When and where the new Herkimer County jail will be built continues to hit roadblocks.

    The village of Herkimer has appealed an August Supreme Court justice’s decision that ordered the village to grant access to sewer and municipal services when the county resubmits its application.

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  • When and where the new Herkimer County jail will be built continues to hit roadblocks.
    The village of Herkimer has appealed an August Supreme Court justice’s decision that ordered the village to grant access to sewer and municipal services when the county resubmits its application.
    County Legislature Chairman Vincent Bono, R - Schuyler, said last week he has made several offers in an effort to settle the dispute with the village, including sending an email after the court ruling to see if the sides could talk.
    “I’d be willing to discuss a possible settlement,” he said. “We’re just waiting it out.”
    Calls to the village Mayor Mark Ainsworth were not immediately returned.
    The village’s civil litigation Attorney Mike Longstreet, from Longstreet and Berry LLP in Syracuse, said the notice of appeal was filed in September.
    They now must submit lower court papers and a brief within 60 days, or Herkimer County Attorney Robert Malone said the county could make a motion to dismiss the appeal.
    State Supreme Justice Erin Gall ruled in August any ordinance that restricts construction of correctional facilities and jails at a state-approved location within the village was "null and void.”
    The county has been pursuing plans to build a new jail at the former P&C Foods site on Route 28 at a cost between $33 million and $34 million.
    The new jail would house 130 inmates, county Administrator James Wallace said, and after a year, would be able to double bunk up to 154. Wallace said a few deputies might need to be hired to accommodate the larger facility.
    Legislator Gary Hartman, D - Herkimer, said he believes the village made the right move in appealing.
    “I believe the county should look at the number of other options that have been open all along,” he said. “They’re wasting their time pursuing this site.”
    Bono reaffirmed the county’s decision to remain firm on the Route 28 location.
    If the county were to look elsewhere, he said they’d have to redo the bonding for a new location.
    “We’re stalemated right now,” he said,

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