February 16, 2006 at 7:30 am
DRAFT MINUTES
Members: Ron VanDee, Chairman; John Troy, Vice Chairman; Sean Clark, John Daniels, Danny Ross, Dan Tagliente,
Others Present: Scott Schrader, County Administrator; Kay Breed, Legislator; Katrina Spicer, Secretary to Administration; Sue Morgan, Clerk of the Legislature; Richard Van Donsel, County Attorney; Dennis Whitt, County Auditor; Donald Ferris, County Treasurer; Carolyn Kennedy, Deputy County Treasurer; Lee Price, Sheriff’s Department; Eric Mulvihill, WXHC; Jeremy Boylan, Cortland Standard; John Carroll
Absent: Newell Willcox
Mr. VanDee called the meeting to order at 7:30 a.m.
Mr. Troy moved adoption of the minutes of the January 17, 2006 meeting; seconded
by Mr. Clark. All members voting in favor, none opposed, minutes approved as
printed/corrected.
RESOLUTIONS:
Referred from Health Committee:
1.
Amend Budget/Amend Agreement (Catholic Charities) – Mr.
Tagliente moved adoption;
seconded by Mr. Daniels. All members voting in favor; none opposed; resolution adopted.
2.
Authorize Agreement Health Department/JCRH (State Grant) - Mr.
Tagliente moved adoption; seconded by Mr. Daniels.
All members voting in favor; none
opposed; resolution adopted.
3.
Amend Budget Health Department (Grant Rollover from 2005 to 2006
Budgets) – Mr. Troy moved adoption; seconded by Mr. Tagliente.
All members voting in favor; none opposed; resolution adopted.
4.
Authorize Agreements/Accept Funds/Amend Budget Health
Department/Nursing (Immunization Action Plan Grant) – Mr. Troy moved
adoption; seconded by Mr. Daniels. All members voting in favor; none opposed; resolution
adopted.
5.
Accept Funds Health Department/JCRH (HIV/AIDS SUNY) Walkathon Funds
– Mr. Ross moved adoption; seconded by Mr. Clark.
All members voting in favor; none opposed; resolution adopted.
6.
Authorize Contract Health Department/Nursing (Jean B. Heady) –
Mr. Troy moved adoption; seconded by Mr. Clark.
All members voting in favor; none opposed; resolution adopted.
Referred from Highway Committee:
7.
Tioughnioga River Waterfront Development Project-Engineering Agreement
- Mr. Ross moved adoption; seconded by Mr. Troy.
Mr. Troy asked if this was only to authorize an engineer.
Mr. Tagliente stated that this was just to authorize the engineer and
went on to state that the County is not spending any money; any cost will be
paid by IDA/BDC. All members
voting in favor; none opposed; resolution adopted.
8.
Authorize Agreement/Verizon Page Green Road Phase II - Mr. Troy
moved adoption; seconded by Mr. Ross. All
members voting in favor; none opposed; resolution adopted.
9.
Authorize Supplemental Agreement/Environmental Monitoring/Landfill -
Mr. Daniels moved adoption; seconded by Mr. Troy.
All members voting in favor; none opposed; resolution adopted.
10.
Transfer Funds/Recycling - Mr. Troy moved adoption; seconded by
Mr. Clark. All members voting in favor; none opposed; resolution
adopted.
11.
Transfer Funds/Capital Account - Mr. Troy moved adoption; seconded
by Mr. Ross. All members voting
in favor; none opposed; resolution adopted.
12.
Authorize Agreement/NYS Jennings Creek Road Bridge - Mr. Troy
moved adoption; seconded by Mr. Clark. All
members voting in favor; none opposed; resolution adopted.
Referred from Human Services Committee:
13.
Abolish/Create Aging Services Worker/Aging Services Specialist -
Mr. Troy moved adoption; seconded by Mr. Daniels.
All members voting in favor; none opposed; resolution adopted.
14.
Amend 2006 Budget (Community Solutions for Transportation) - Mr.
Daniels moved adoption; seconded by Mr. Ross.
All members voting in favor; none opposed; resolution adopted.
15.
Authorize Stipulation of Settlement (Medicaid) - Mr. Troy moved
adoption; seconded by Mr. Ross. All
members voting in favor; none opposed; resolution adopted.
Referred from Judiciary & Public Safety Committee:
16.
Amend 2006 Budget (Child Passenger Safety Program) - Mr. Clark
moved adoption; seconded by Mr. Troy. All
members voting in favor; none opposed; resolution adopted.
17.
Amend 2006 Budget (Forfeited Proceeds) - Mr. Troy moved adoption;
seconded by Mr. Clark. Mr. Price stated that this is money forfeited from drug
arrests. Mr. Tagliente asked if
this was an annual amount. Mr.
Price stated that some years it is. Mr.
Price went on to explain to the committee that the District Attorney now
receives the money. All members
voting in favor; none opposed; resolution adopted.
18.
Amend 2006 Budget (LETPP FY04) - Mr. Troy moved adoption; seconded
by Mr. Clark. All members voting in favor; none opposed; resolution
adopted.
19.
Authorize Agreement /911 National Interoperable Communications
Channels - Mr. Clark moved adoption; seconded by Mr. Troy.
All members voting in favor; none opposed; resolution adopted.
Referred from Ag/Planning/Environment Committee:
20.
Amend 2006 Budget
(Conservation Easement on the Chace Farm, Henderson Farm, & Sears Farm -
Mr. Troy moved adoption; seconded by Mr. Ross.
Mr. Tagliente inquired about the costs.
Mr. Ross stated that the funding is from the State and this is to make
the land “farmland forever.” All
members voting in favor; none opposed; resolution adopted.
21.
Amend
2006 Budget (Federal Section 5311 Transit Capital Equipment Project) - Mr.
Troy moved adoption; seconded by Mr. Daniels.
All members voting in favor; none opposed; resolution adopted.
22.
Amend 2006 Budget
(Auction/Sale of Public Transit Buses) - Mr. Troy moved adoption; seconded
by Mr. Clark. Mr. Van Dee asked if
the money goes back to equipment. Mr.
Ross stated that proceeds would be used for the Greyhound Bus Shelter if
accepted. All members voting in
favor; none opposed; resolution adopted.
DISCUSSION/PRESENTATIONS/REPORTS:
1. 2005 Sales Tax Distribution (Don Ferris – County Treasurer) – Mr. Ferris discussed the fact that the 2005 Sales Tax Distribution estimate came in under budget and went on to discuss that two townships now owe the County money. Additionally, he discussed that the County came in $200,000 short. Mr. Ferris addressed his concerns that the County will not reach what it has budgeted for in 2006. He went on to discuss that the Town of Lapeer and the Town of Solon now owe the County money. He added that the County would deduct this amount from the excess proceeds. Mr. Tagliente mentioned that this had been discussed by prior Legislators. Mr. Whitt discussed that previous Legislators had discussed increasing the 2006 Budget projections. He went on to discuss that the previous members discussed increasing this projected 2006 figures based on the increase in gasoline prices resulting in an increased sales tax being generated. Mr. Whitt went on to discuss that previous Legislators had discussed that there was some type of windfall associated with sales tax revenue. He further mentioned that this would have an impact on Town budgets. Mr. Van Dee inquired about what had been budgeted for in 2005 and 2006. Ms. Kennedy informed the committee that in 2005, $12,400,000 was budgeted and in 2006, $12,700,000 was budgeted. Mr. Van Dee further stated that we should be thankful that we had such a mild winter. Mr. Whitt discussed and cautioned committee members that the County could be in the same boat at the end of this year. Mr. Daniels inquired as to what needs to be done to minimize the impact on the budget for this year. Mr. Whitt explained that they should speak with the County Administrator regarding this. Committee members discussed reducing spending. Ms. Breed stated that she wished to correct Mr. Whitt and went on to state that no previous Legislators had stated that there was a windfall in regards to sales tax revenue. Mr. Troy inquired about the impact, if any, the two weeks a year that sales tax is suspended had on the sales tax revenue. Mr. Ferris stated that he was not certain but it is nowhere near the amount the County fell short in 2005. Committee members discussed that once the budget is set it is set and they further discussed Town of Lapeer and Town of Solon. Mr. Ferris suggested that the County be conservative with sales tax revenue. Mr. Van Dee suggested that Mr. Schrader keep an eye on this and perhaps send a letter to the Towns and Villages and warn them. Mr. Whitt expressed that he agreed with the Treasurer.
2. Foreclosure/Auction - Mr. Van Dee inquired as to whether or not the County was planning on, like in other years, if the property has not been turned over by the Court to Cortland County, is there still a way that individuals can keep their properties. He added that if the Judge has not signed the order yet, is there a way they can still make arrangements to keep their property. Mr. Van Donsel discussed the legal mechanism involved in allowing this. He further stated that the full Legislature must agree. Mr. Van Donsel went on to state that this should not be done for a specific property but rather done for the entire group of properties. Mr. Van Donsel further suggested that the Legislature should establish a policy, they will entertain doing or they will not. Mr. Daniels stated that it makes sense that we can not hold this property in limbo, and went on to state that they in most cases it has been a few years since they have paid anything with regards to their property taxes. Mr. Ferris stated that the properties scheduled on December 31, 2005 to be foreclosed on, were for property owners that have not paid their property taxes that were levied on January 1, 2004. He further stated that no one has been inadequately informed. Mr. Ferris discussed the notification process and that no one can claim that they “didn’t know.” Mr. Ross inquired if the Treasurer’s Office makes payment plan arrangements. Mr. Ferris discussed payment arrangements. Mr. Van Dee discussed time extensions for redemptions for those properties that were not turned over to the County yet. Mr. Tagliente discussed and stated that he is not opposed to a thirty or sixty day extension of time. Committee members discussed what an extension of time would do. Mr. Van Donsel discussed suspending the list and at the end of the suspension time, removes the names of anyone who has paid the taxes. Mr. Van Dee asked other committee members if they thought this would be a “fair shake”. Mr. Daniels addressed his concerns for setting a precedent. Mr. Ferris discussed his past experiences with property foreclosures and further stated that most of the property is abandon and not occupied. Mr. Ferris stated that every effort is made to contact the property owner and he further stated that if the property owner has already defaulted on an installment agreement then they couldn’t offer it again. The committee further discussed the property tax foreclosure of both the City and the County. Mr. Van Dee inquired and poled other committee members as to their support or non-support of an extension. Mr. Daniels stated that he stood firm on not support an extension of time. Mr. Troy, Mr. Daniels, Mr. Clark and Mr. Ross did not support a resolution regarding an extension of time. Mr. Tagliente commented that he was outnumbered and Mr. Van Dee did also.
3. Sales Tax Agreements – Mr. Van Dee discussed authorizing Mr. Schrader to set up times to begin negotiations with the City and Towns regarding Sales Tax Agreements. The committee further discussed setting up the times with the City and inviting the Towns to join the meeting. Mr. Schrader discussed the Sales Tax contract the end of November and inquired as to when the committee would like him to begin discussing a new contract. Mr. Daniels inquired as to how long this process will take. Mr. Schrader explained to the committee that it is difficult to say, he did express that he would like to have it resolved no later than September. Mr. Daniels suggested beginning to look at about April 1. Mr. Schrader inquired as to who would like to be involved in these discussions or possibly forming a sub committee from the Budget & Finance Committee. Mr. Tagliente stated that the City of Cortland would have Mayor Gallagher and Mr. Damiano there. Mr. Van Dee discussed who the County should have to represent them. Mr. Schrader discussed that the City will have a few Alderman. Mr. Tagliente suggested that Mr. Van Dee as Chairman of Budget and Finance Committee, and Mr. Troy as Vice Chairman of Budget and Finance Committee be present. Mr. Ross expressed that he would like to be involved. Mr. Troy inquired as to what happens if we do not come to an agreement. Mr. Schrader explained to committee members different scenarios of what would happen. Mr. Schrader stated that he would look into setting up something in March.
Ms. Breed requested to speak. Mr. Van Dee allowed her to do so. She went on to state that Mr. Whitt has been asked in the past to report to the Budget & Finance Committee what audits he has been conducting. Ms. Breed suggested that the committee to ask him to report on a monthly basis what he is auditing. Mr. Whitt stated that he willing to report on a monthly basis. Mr. Schrader stated that there is a difference between what Legislator Breed is suggesting and what Mr. Whitt was hired for. Mr. Schrader stated that the County Auditor, Mr. Whitt, reports to him on a daily basis. Mr. Schrader briefly discussed the intent of the County Auditor’s position when Mr. Whitt was hired. Mr. Schrader went to remind committee members of what happened in the Treasurer’s Office and discussed reports issued by the County Auditor being similar to the Treasurer’s Office and “airing our dirty laundry publicly.” Mr. Schrader went on to discuss that this policy, requiring the County Auditor to publish reports on what he is auditing, could be a slippery slope in regards to what is reported. Mr. Schrader went on to state that he would like to caution the committee members because this could become very public. Mr. Schrader discussed bringing everything in compliance and having Mr. Whitt assist with that. Mr. Van Dee stated that he would not require Mr. Whitt to provide a monthly report. Mr. Schrader stated that the report should be left up to the judgment of Mr. Whitt as to what he reports. Ms. Breed stated that Mr. Schrader misunderstood what she was asking. She went on to discuss that she would like to have Mr. Whitt report and show that he has done an audit on a certain department, like policies and procedures. She additionally discussed that she is requesting a report on what he has been doing. Ms. Breed did explain that she is not requesting specific details. Mr. Van Dee asked Mr. Whitt if he had an “open door” policy. Mr. Whitt informed the committee members that this had been discussed in the past; there are things that we need to have a fix for. Mr. Whitt further discussed setting up a mechanism for change when a problem has been found. He went on to discuss having no record of Ms. Breed requesting an audit done by him. Mr. Whitt did explain that he had previously been requested to by two Legislators to do an audit and he provided what they had asked for. He added that they had no complaints regarding his performance. Mr. Whitt further discussed having been requested to do an audit regarding the Rules of Order and added that a published document will be provided as a result of that audit.
Mr. Carroll requested to be heard. Mr. Van Dee granted him permission after poling committee members and members objected. Mr. Carroll discussed at the last Legislature meeting Ms. Tytler pointed out that Mr. Whitt should give reports and base them contingent upon his employment. Mr. Carroll addressed the committee members and inquired if they were going to go against her here today. Mr. Van Dee stated that he was not going to change his mind. Mr. Whitt further discussed that it was not an issue of a report. Mr. Tagliente suggested that the departments schedule an annual meeting with Mr. Schrader, Mr. Whitt, and Mr. Van Dee as Chairman of Budget and Finance Committee, and Mr. Troy as Vice Chairman of Budget and Finance Committee to discuss ineffectiveness in the their departments. Mr. Van Dee discussed future discussion items being brought to him prior to the meeting and being put on the agenda. Mr. Clark suggested that the committee set up a structure of what is in a report and what is not in report. Mr. Whitt discussed this further. Mr. Van Dee requested that Ms. Breed put this item on the agenda as a discussion item at the next Budget & Finance Meeting.
4. Year End Reports – Mr. Schrader discussed the Year End Report briefly and went on to discuss that Administration is at a stand point in regards to the year end report. Additionally, Mr. Schrader discussed that the year-end can be closed and a report can be made available. Mr. Schrader explained that Ms. Kennedy could complete the process and close out the year and send it to the Comptroller’s Office in April. He further stated that last year the report was completed at the end of March and Mr. McNeilly came in at the end of April. Mr. Schrader requested that the committee give him direction and suggested that things can be completed the same as last year. Committee members discussed a sub committee/audit committee be formed to ensure that necessary items are reported accurately. Committee members further discussed that the County Auditor, Budget & Finance Chairman and County Administrator discuss setting up dates. Mr. Whitt further discussed this audit and auditing. Mr. Whitt further discussed the possibility of going out for bids for services. Mr. Schrader cautioned members about unseen costs involved with regards to changing the Auditor. He further explained that if a change were made there would be a training period for teaching how/understanding Cortland County accounting. Mr. Schrader further discussed an RFP not being a bid if the Legislators choose to do this. Mr. Ferris requested that this not be put on the back burner and that we keep moving on it. He further discussed that he would like to know who he would be working with and auditing the 2006 records. He further informed the committee that the through out the year his office has a great deal of contact with Mr. McNeilly and it would be to the advantage of the Treasurer’s Office if they knew who would be auditing next years records. Mr. Schrader agreed. Mr. Whitt discussed this further and went on to mention that this needs to be on the table before the full Legislature.
Mr. Troy made a motion to adjourn; seconded by Mr. Van Dee. The meeting adjourned at 8:45 a.m.