Budget & Finance Committee

February 10, 2005 – 7:30 a.m.

Draft Minutes

Members present: Kurt Behrenfeld, Chairman; Dr. Paul DiGiovanni, Vice Chairman; Kay Breed; Marilyn Brown; Danny Ross; Carol Tytler; Newell Willcox; Scott Steve, Chairman of the Legislature

Others present: Ann Homer; Eric Mulvhill; Don Ferris; John Carroll; Carolyn Kennedy; Jane Goldner; Bob Ross – TC3; Walter Poland – TC3

Mr. Behrenfeld called the meeting to order at 7:36 a.m.

Mr. Willcox moved adoption of the minutes of the January 13, 2005, meeting; seconded by Mr. Ross. Dr. DiGiovanni indicated that his name is misspelled on the last page. All members voting in favor; none opposed; minutes approved as corrected.

Dr. DiGiovanni moved to go in to Executive Session to discuss negotiations; seconded by Mrs. Brown. All in favor of executive session at 8:40 a.m. Out of executive session at 9:02 a.m.

2. Authorize Payment, Treasurer’s Office (Surplus Sales Tax) – Mrs. Brown moved adoption; seconded by Mrs. Breed. All members voting in favor; none opposed; resolution adopted.

The members requested the following items removed from the consent agenda: 3, 22, 23, 32

Dr. DiGiovanni moved adoption of the consent agenda with the above items removed; seconded by Mrs. Tytler; all members voting in favor; none opposed; consent agenda adopted.

3. Amend 2005 Budget, Planning Department (Conservation Easements on the Leslie F. and Lorraine Chace Farm in the Town of Homer, the Darrell and Ann Henderson Farm in the Town of Preble, and the Russell and Janice Sears Farm in the Town of Preble) – Dr. DiGiovanni moved adoption; seconded by Mrs. Brown. Mrs. Brown indicated that she and Mr. Willcox went to a meeting of the Ag and Farmland Protection Board. She is concerned that the State does not have criteria for these, however, they expect us to have criteria. Does that mean that we have to accept these since the State has approved them? Chairman Steve indicated that it does not necessarily mean that this is automatic. Chairman Steve indicated that we do not have to process this at this time. He is concerned about one of the parcels being considered. Mrs. Tytler stated that there seems to be some conflicting information about the grading of the Chace Farm. Is there any further information? Chairman Steve indicated that the information is forthcoming from the Soil and Water Conservation District. Chairman Steve indicated that the local grading for this farm is different from the State grading for this farm. Chairman Steve believes that the $1.7 million could be better utilized to assist the farms in our community. Mr. Behrenfeld asked if we have any input in to this selection process? Doesn’t the Planning Department have input? Chairman Steve indicated that locally we do have input and it is his opinion that our system failed. Mr. Willcox indicated that it appears that the Ag and Farmland Board are as naïve about this process as the Legislature is. Chairman Steve indicated that we must have a good county-wide plan. Chairman Steve feels that this particular parcel was processed under a fall pretense. This particular parcel will not be kept as a family farm. Mr. Behrenfeld is concerned about the improprieties Chairman Steve indicated and he also would like to know if we don’t vote on this at this time, do we lose the money. Can the money be reappropriated? Chairman Steve indicated that the money cannot be reappropriated; it is for easements only. If we do not vote on this resolution at this meeting, it is his opinion that it is no big deal. As for the improprieties, Chairman Steve has asked the Attorney General’s Office to investigate them. Chairman Steve indicates that this resolution merely sets up the accounts so when the money is received, we have accounts to put it in. Mr. Behrenfeld asked if the State would look at the improprieties and then allow us to reallocate the money. Chairman Steve indicated that this is a statewide program and the money would go to the next eligible farm on the list, which may not be in Cortland County. Mr. Behrenfeld indicated that he would rather have the money go out of County than to go where it shouldn’t be. Mr. Willcox does feel that we have an ethical obligation to these farms, as the owners are counting on the money. Chairman Steve indicates that he agrees; this Legislature has authorized him to sign the agreement. However, he wants the improprieties handled first. Mr. Willcox indicated that he has heard if we don’t sign these agreements, the NYS Ag & Markets will put us on the bottom of the list and punish us. Chairman Steve indicated that if that is true, then his theory of improprieties is correct, isn’t it? Mr. Behrenfeld asked if we could change the resolution to allow the two farms that are not in question to receive the funding. Chairman Steve indicated that he doesn’t really want to separate the farms; he feels we need clarification on the entire issue. Mr. Behrenfeld doesn’t feel comfortable voting on something that there are questions about potential impropriety on. Mrs. Brown said as far as not approving this at this point, she would not like to see the money leave this county and go someplace where there is the same problem. Mrs. Breed said she finds it interesting if the lands are rating 1, 2, and 3, why would a 2 be approved? Wouldn’t only grade 1 be approved? Chairman Steve indicated that part of the soil is a 1. Mr. Willcox would like to know how the farm was evaluated. Dr. DiGiovanni moved to table the motion until the next Budget and Finance Committee; seconded by Mrs. Brown. All members voting in favor except Mr. Ross opposed; resolution tabled.

4. Adopt Cortland County Consolidated Agricultural District, Planning Department

5. Authorize Grant Application, Planning Department (Technical Assistance Program – Strategic Visioning Plans)

6. Authorize Agreement, Cortland County (Cornell Cooperative Extension)

7. Authorize Payment, Cortland County (Cortland County Soil and Water Conservation District)

8. Authorize Agreement, Buildings and Grounds Department (Davis-Ulmer)

9. Abolish/Create, Buildings and Grounds Department (Cleaner/Custodian)

10. Authorize Agreement, Buildings and Grounds Department (Penn Power Systems)

11. Authorize Agreement, Buildings and Grounds Department (Riverside Fire Extinguisher)

12. Amend Budget, Health Department (Grant Rollovers from 2004 to 2005 Budget)

13. Authorize Agreements, Health Department/ Division of Nursing (Licensed Home Care Agencies)

14. Authorize Agreements, Health Department/ Children with Special Needs (NYS Facilitated Enrollment Program)

15. Authorize Agreements/ Accept Funds, Health Department (Healthy Heart Program)

16. Resolution Urging Support for Medicare Rural Add-On Legislation

17. Abolish/ Create, Health Department, Medical Typist/ Medical Services Clerk

18. Amend Agreement, Mental Health Department (NYS Office of Alcohol & Substance Abuse Services)

19. Authorize Agreement/ New York State McLean Road and McLean Road Ext. P.I.N. – 375370 & P.I.N. – 375371

20. Abolish/ Create, Highway Department (Highway Engineering Supervisor/ Deputy County Superintendent of Highways)

21. Authorize Application/Accept Grant/Amend Budget/Authorize Agreement, Federal Aviation Administration and New York

22. Accept Grant/Amend Budget, Sheriff’s Department (Bulletproof Vest Partnership) – Dr. DiGiovanni moved adoption; seconded by Mrs. Tytler.. All members voting in favor; none opposed; resolution adopted.

23. A Resolution Authorizing the Purchase of Integrated Computer Aided Dispatch Software from New World Software and Directing the Treasurer to Prepare a Bond Resolution in the Amount of $750,000., Sheriff’s Department – Mrs. Brown moved adoption; seconded by Mrs. Tytler. Mrs. Brown has a problem spending $750,000. It is a wonderful program, but without it, does it mean that the residents will not be protected? Are they not protected now? Mr. Schrader indicated that between software and hardware upgrades, we would spend over $200,000 without the upgrade. A $400,000 grant is being applied for, and it looks good that we will get it. Mr. Schrader indicated that without the software, we will not be able to provide the protection to the residents that we will be able to with the software. Without this software, we will not be able to provide cellular 911 coverage. Chairman Steve indicated that this will assist the fire departments and will facilitate the closest car concept as well. It will also integrate with the GIS system to show where hazmats are located; the location of water systems, etc. Mr. Willcox asked about the interest rate on the bonds. Mr. Ferris indicated that it will probably be 5 to 6%. Mr. Schrader indicated that if we get the grant, we would not have to bond for it. Chairman Steve feels the resolution should be amended to reflect that the County Administrator will advise the Legislature and the Treasurer about bonding. Dr. DiGiovanni moved to strike the last clause in the last whereas, the last clause in the first resolved, and to strike "hereby directed" and insert "upon direction of the County Administrator will"; seconded by Marilyn Brown. All members voting in favor of the amendment; none opposed; amendment adopted. All members voting in favor; none opposed; amended resolution adopted.

24. Authorize Agreement, Probation Department/Drug Testing (Medlab, Inc.)

25. Authorize Agreement, Probation Department/Electronic Monitoring (BI Incorporated)

26. Authorize Service Agreement, Probation Department (Davelle Office Equipment)

27. Authorize Agreements, Alternatives to Incarceration (NYS Division of Probation and Correctional Services)

28. Authorize Agreement, Department of Social Services (Shredding Services)

29. Authorize Agreement, Area Agency on Aging (Legal Services)

30. Adopt Annual Workforce Investment Act Cost Allocation Plan (Office of Employment and Training, Department of Employment and Training Grant Administration)

31. Authorize Agreements, Personnel/Civil Service (Several Agencies)

32. Introduce Local Law No. 1 for the Year 2005: A Local Law Rescinding Local Law No. 4 of 1982 and Adopting a Policy Requiring Written Notice to the Clerk of the of the Cortland County Legislature of any Defective, Unsafe, Dangerous or Obstructed Condition of County Highways and/or Other County Property Prior to Maintenance of Action Against the County of Cortland for Damages or Injuries to Persons and/ or Property – Dr. DiGiovanni moved adoption; seconded by Marilyn Brown. Dr. DiGiovanni is concerned about the 24 hour notification if ice and snow is a hazard. Mr. Schrader indicated that this is the time frame allowed by law, and we are merely adopting the State law. Mr. Willcox asked about Mr. Bardsley’s position on this. Chairman Steve indicated that Mr. Bardsley wrote this. Mrs. Brown asked what this does to protect the citizens if there is a real issue. Mr. Schrader indicated that it will be the determination of the legal system as to whether or not we are liable. The law will protect the County in the instances where we did not know of a defect. Dr. DiGiovanni is concerned about the 24 hour notice of snow and ice. Mrs. Breed feels that we are taking care of the roads during an ice and snow situation. All members voting in favor, except Dr. DiGiovanni opposed; resolution adopted.

33. Authorize Agreements/Amend Budget, Cortland County, Lime Hollow Nature Center and Cortland Repertory Theatre – Mr. Ross moved adoption; seconded by Mrs. Tytler. Chairman Steve indicated that this is above and beyond. There is approximately $36,000 left from last year in the travel and tourism account. Based on the projects that these two agencies are doing, he is recommending additional funding. The Lime Hollow Nature Center is building a new visitor center and CRT is doing substantial work on the Pavilion. Mrs. Tytler asked who else besides the Chairman was involved in the conversation about the allocation of these funds. Chairman Steve indicated no one. Mrs. Tytler asked if it should go back to the committee. Mr. Behrenfeld asked if we shouldn’t distribute smaller amounts to several agencies. Mrs. Tytler is wondering if there aren’t other agencies who are just as deserving as these two agencies. Chairman Steve and Mrs. Breed addressed the various programs the LHNC provides. Mrs. Tytler is thinking about the pot of money used to promote tourism and it now appears we are doing infrastructure. Is this within the means of the law. Chairman Steve indicated that CRT had to install an elevator and the only way that could be done was to install a sprinkler. Now, more individuals will be able to attend. Wouldn’t it be nice during intermission to be able to see publicity on the events taking place in the community so they will return. Mrs. Brown asked about the acreage at LHNC. The response is that there are over 450 acres. Mr. Ferris asked if this is being taken from fund balance or occupancy tax reserve? Mr. Schrader indicated that they are the same. Mrs. Kennedy indicated that the last account number does not exist. Are we appropriating fund balance or reducing reserve. Mr. Schrader indicated that it will be coming out of the reserve. Mrs. Breed moved that Mr. Schrader correct the typo in the account number; seconded by Dr. DiGiovanni. All members voting in favor; none opposed; amendment adopted. Mr. Behrenfeld asked if the money could be pro-rated to the other agencies? Chairman Steve indicated that he chose these because they are doing capital projects. All members voting in favor; none opposed; resolution adopted.

34. Rescind 390-04 and Attached Policy – Chairman Steve indicated that this resolution rescinds the $15,000 charge for processing of the Ag & Farmland Protection Easement Grants. He believes the policy gave the impression that we did not want the grants. Mr. Willcox moved adoption; seconded by Mr. Ross. Mrs. Breed asked who pays for us to administer this? Chairman Steve indicated that the State will pay us for this and we will receive full reimbursement for all of our costs. The Ag & Farmland Board needs to develop good criteria and then the system will work more effectively and all our costs on those grants awarded will be reimbursed. All members voting in favor; none opposed; resolution adopted.

1. Mr. Ferris indicated that he has distributed to the committee information on the auction process. If the committee wants to discuss it further, he would be happy to do so. Mr. Ferris indicated that prior to 2000, we auctioned foreclosed properties with an auctioneer who did the service at a 10% buyer’s premium. There was no cost to the County. In the past, there was dissatisfaction with the auctioneer and how the process was handled. We were selling before we actually had the deeds from the Court. In late 1999, the Legislature passed a resolution to see if we could find an auctioneer who would provide free services. We did find someone, but the services were strictly conducting the election. Putting forth the brochure and marketing it became the responsibility of the Treasurer’s Office. Mr. Behrenfeld indicated that Mr. Ferris explained the current procedures to him and offered that there are other procedures we can follow. One of the options is to bring in a professional who markets the property to a broad area, which may result in a larger bidding pool, which may result in more funds to the County. Mr. Behrenfeld feels that we might look at this as an option. Mrs. Breed has a strong concern on this issue. She feels it is wrong to hire an auctioneer outside the County when we have auctioneers within the County who are willing to do this. Dr. DiGiovanni feels we need to separate the issue – the actual auction itself and then the marketing of the properties. Mrs. Brown feels it is difficult to discuss this issue when there is nothing in front of us to look at. Mr. Willcox would like a current list of what we are selling.

2. The following items were discussed:

Scott Steve did not receive the December or January financials.

Scott Steve indicated there are 151 errors in payroll alone in 2004.

Newell Willcox asked where the list of tax properties is.

The meeting adjourned at 9:05 a.m.

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