Judiciary & Public Safety Committee

May 4, 2005 – 7:30 a.m.

Draft Minutes

 

Members present: Scott Elston, Chairman; Merwin Armstrong, Vice Chairman; Larry Cornell; Tom Hartnett; Kurt Behrenfeld; Scott Steve, Chairman of the Legislature

Others present: Ann Homer; Jane Goldner; Bob Duell; Lee Price; Dave Hartnett; Trish Hansen; Carl Moses; Dave Butler; Brian Liberatore; Sherry Boone

Absent: Ron VanDee

Excused: Kay Breed

The Chairman called the meeting to order at 9:07 a.m.

Mr. Cornell moved adoption of the minutes of the April 6, 2005, meeting; seconded by Mr. Hartnett. All members voting in favor; none opposed; minutes approved as printed .

Resolutions:

Sheriff’s Department

 

1, Authorize Maintenance Agreement, Sheriff’s Department/911 Center Bio-Key International, Inc. – Mr. Armstrong moved adoption; seconded by Mr. Behrenfeld. Mr. Elston asked if this will dove-tail with the new system when it comes on board. Sheriff Price responded that this will address our needs this year; next year it is not know if we will use it with the new system. All members voting in favor; none opposed; resolution adopted.

2. Authorize Agreement, Fire and Emergency Management (Miller Technical Advisory Services) – Mr. Cornell moved adoption; seconded by Mr. Hartnett. Mr. Duell explained that Mr. Miller is the retired Coordinator from Tompkins County; he has been involved with this particular type of system for several years. Mr. Elston explained that the fire service members feel comfortable working with this individual. Mr. Cornell asked if this was budgeted for? Mr. Elston indicated that it was not budgeted for; it will need to come out of another line item or out of contingency. Mr. Hartnett asked how we would get the word out about being in a State of Emergency. Could this system be utilized for that? Mr. Duell explained that this is only for fire service; however, we have other measures such as reverse 911 which will address the need to notify the citizens of a State of Emergency. Mr. Elston clarified that we may be able to pay for this service through the WMD grant. Mr. Duell indicated that this fee is low; we could pay twice this fee to only speak to someone about the situation. Mr. Elston indicated that the fire service has indicated that getting the paging system updated is their number one priority. Mr. Duell indicated this will bring the entire County into a loop system, which will be a drastic improvement for our system. All members voting in favor; none opposed; resolution adopted.

Discussion:

 

1. Mr. Duell indicated that the for the reverse 911 system, they are working with Data Processing to contact all the individuals who experienced damage during the flood to remind them to contact FEMA. This is going to be the test of the system. Mr. Duell understands that in the future, the system can identify localities and send a pre-recorded message to them. Also, a group of individuals (e.g. Legislators) can be input and the same message can be sent to all of them. Mr. Elston would like to see a test message sent to all Legislators in the near future. Mr. Behrenfeld feels that we should communicate with the community and notify them that we will be doing a County-wide test and then do a test of the system throughout the County. Mr. Duell indicated that the test message to the individuals with flood damage will go out soon. Mr. Elston asked that a test message to all Legislators be sent before the next JPS Committee Meeting. Sheriff Price indicated that 200 messages were sent out to the Kennedy Parkway area.

2. Mr. Elston asked about the T-1 line status. Mr. Duell indicated that he was brought up to date on it yesterday. (This is communication from 911 Center to Virgil Tower.) Mr. Duell indicated that non-emergency systems were connected to it a couple of weeks ago. Something failed on it this past weekend; it has been repaired and has been working fine. Emergency Services will be moved over to it sometime this week. Mr. Elston asked for an update at the next JPS Meeting. He reiterated that if something is needed from the Legislature to make this happen, they need to know so it can happen. Mr. Duell indicated that the recent problem was with Verizon and was not the County’s problem. Mr. Duell indicated that the big switch will be later this week.

3. Lee Price and Dave Hartnett spoke to the committee about permission to purchase another K-9 for drug searches. The DA has money in his account to cover this. The approximate cost at this time is about $6,500, although they will pursue a lesser amount. Mr. Hartnett indicated that we are without a dog at this point. Since he has been a prosecutor, there has been a K-9 available, which has been primarily utilized for drugs, and this has been a very effective tool. The dog also visits schools for education and PR, in addition to the law enforcement work they do. The dogs are used in houses, in conjunctions with search warrants. This is a multi-faceted tool used to combat our drug problems. The students in the schools like to see the dogs, and it builds and adds to the good will and communication between law enforcement and the students. The dog is also utilized to sniff lockers to check for drug presence. Mr. Hartnett has some money; he hopes to subsidize the purchase rather than be the primary funding for purchase. However, the dog is essential relative to drug use and drug sales and he will bite the bullet and do what they have to do if necessary. He would encourage the Legislature to find some funding to help with the cost. There is money there; the drug fund is not unlimited by any means; it is a finite fund and there are a couple of other extensive purchases they are looking at to help combat the drug problem. Between the dog and the other purchases, the fund will be quickly reduced. He has committed to the Sheriff to do this. Please allow the Sheriff to get the dog and then look at funding. The Sheriff will also be looking at donations from the public. It was the consensus of the committee that the dog is a good idea. Mr. Hartnett indicates that he looks at the dog as another law enforcement officer. Mr. Cornell moved that the Sheriff be allowed to purchase and train the dog; seconded by Mr. Armstrong. Mr. Hartnett indicated that the Sheriff has asked for a commitment of $5,000. He will make that commitment if necessary. He is hesitant to commit to more than that at this time. All members voting in favor; none opposed; permission to purchase and train the dog granted.

4. Carl Moses wanted to address the committee about the scale at the Landfill. Mr. Elston indicated that since this item was not on the agenda, he will not address it at this meeting; Mr. Moses should have contacted Mr. Elston via e-mail asking for the item to be added to the agenda. He will take the topic under advisement and get it directed to the appropriate committee.

5. The Sheriff introduced Sgt. Sherry Boone who handles the Sex Offender Registry in Cortland County. Mr. Elston has asked how we handle the registry in Cortland County and Sgt. Boone will address that. Sgt. Boone indicated that Level III’s must sign in every 90 days. If one fails to register, she must contact Albany and request an Affidavit. She then proceeds with criminal action against the person. Mr. Elston asked about the difference in levels. Sgt. Boone indicated that Level III is the really "bad guy." This person is the one who is most likely to re-offend. The Level II is the moderate level. The Level I is the least likely to re-offend. The level is set by the Judge and the District Attorney. Mr. Elston asked about the re-occurrence after release of a Level III offender. Ms. Goldner indicated that it is difficult to determine; a Level III often has several victims, which is a possible indicator of re-offense. Mr. Elston clarified that only Level IIIs are listed on the website. Individuals can access the sex offender web site through the County web site. Mr. Elston asked if the Legislators can receive a list of Level III offenders. If he received a list, he would pass it on the town boards and ask them to pass it on to their neighbors. Sgt. Boone indicated that care must be taken so that the offender’s rights are not violated. Mr. Cornell indicated that he feels the best action is to let people know about the web site and how to access it. Mr. Elston feels that the Sheriff’s Department should facilitate distribution of this information, so it can be disseminated through the neighborhoods. Mr. Hartnett indicated that the County must be careful so there is no perception of harassment of these offenders. We have to be very careful about how we disseminate this information. Chairman Steve indicated that we have to decide where the line is between keeping the public informed and harassing the offender. Mr. Elston feels that we should then ask the County Attorney where the line is. Sheriff Price indicated that this information is disseminated to all of the schools. Mr. Behrenfeld indicated that he has received a mailing at home when an offender has moved in to the neighborhood. Mr. Elston indicated that he has never received any information. Mr. Elston indicated that the Virgil School District has multiple addresses – Marathon, Cortland, Dryden, etc. Some individuals are dropped from the mailing list. Sgt. Boone indicated that she sends her list to Dryden. Chairman Steve asked if the other communities send their information to us. Sgt. Boone indicated she can’t verify whether other communities send us information. Ms. Goldner indicated that a concern with sending a list is that it changes. People may look at the list as gospel, but it can change within a day or week of the list being issued. Sheriff Price indicated that individuals should go to the State web site and look at it periodically. The web site is updated more frequently than the Sheriff’s Department gets the information. Mr. Hartnett feels the County’s responsibility is to educate the citizens where to get the information; not to actually provide the list and the information. Sheriff Price indicated that Senator Seward is trying to get new legislation adopted, whereby the Level IIIs will be required to wear ankle bracelets. Sheriff Price indicated that perhaps the Towns/Villages could have a computer available for the citizens to use to access the web site. Mr. Elston asked that each committee member visit the web site prior to the next meeting. Sgt. Boone indicated that for Level IIIs, within five days of the sex offender registering, an officer is sent out to check that the residence of the offender to ensure that the residence information provided is correct. Mr. Elston asked Sgt. Boone if the Legislature can do something different to support the efforts. Sgt. Boone indicated that we should support Senator Seward’s bill, which is S3273 at http://public.leginfo.state.ny.us/bstfrmef.cgi. Mr. Elston will then call a special meeting before the Legislative Session with a purpose to adopt a resolution to support Senator Seward’s bill. Sgt. Boone feels that this bill is definitely on the right track. This bill wants a lifetime listing; Sgt. Boone feels that these Level III offenders will not change.

 

The meeting adjourned at 9:56 a.m.

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