October 19, 2006 at 7:30 am
DRAFT
MINUTES
Members: Ron VanDee, Chairman; John Troy, Vice Chairman; Sean Clark, John Daniels, Danny Ross and Dan Tagliente
Others Present: Marilyn Brown, Chairman of the Legislature; Scott Schrader, County Administrator; Richard C. Van Donsel, County Attorney; Dennis Whitt, County Auditor; Rick McNeilly, Independent Auditor; Katrina Spicer, Secretary to Administration; Don Ferris, County Treasurer; Carolyn Kennedy, Deputy County Treasurer; Sheriff Lee Price, Sheriff’s Department; Annette Barber, Personnel Officer; Corey Preston, Cortland Standard; Matt Penello and John Carroll
Absent: Newell Willcox
Mr. Van Dee called the meeting to order at 7:31 a.m.
Mr. Troy moved adoption of the minutes of the September 21, 2006 meeting;
seconded by Mr. Daniels. All members
present voted in favor; none opposed; minutes approved as printed.
Mr. Van Dee announced that the Committee needed to go into Executive Session to discuss a litigation matter. Mr. Troy made a motion to go into Executive Session to discuss a litigation matter; seconded by Mr. Daniels. All members present voting in favor; motion passed.
The Budget & Finance Committee went into Executive Session at 7:32 a.m.
The Budget & Finance Committee returned from Executive Session at 7:39 a.m.
Mr. Ross made a motion to have County Attorney, Mr. Van Donsel, settle the
Doran and Pace Nova Star property litigation; seconded by Mr. Troy.
All members voting in favor; none opposed; motion carried.
PRESENTATION:
Report by County Auditor on Publishing of Single Audit Report for the Year 2005 – Mr. Whitt distributed the Single Audit report to all members of the Budget & Finance Committee present. Mr. Whitt explained that what he distributed was a final copy of the published Single Audit Report for the Year 2005 from Independent Auditor, Richard McNeilly. He added that it was published in a timely manner and all distribution requirements have been met. He also explained that this being the first scheduled meeting, following this document being published, that he was able to present it to the Budget & Finance Committee. Mr. Whitt also informed the Committee that it has not been issued to the media and that those members of the Legislature not present today will be provided with a copy at the Legislative Session on October 26, 2006. Mr. Whitt also discussed the 2005 management letter and added that the final management letter issued by Mr. McNeilly for year 2005 would be provided to all Legislators.
Mr. Daniels made a motion to accept the Single Audit Report for the Year
2005 as published; seconded by Mr. Troy.
Mr. Whitt informed the Committee that he would like to discuss the audit findings outlined in McNeilly's management letter, later in the meeting, dealing with unreconciled accounts in the Treasurer's Office. Mr. Van Dee asked that Mr. Whitt address those findings at this point as long as the Committee was on the topic. Mr. Whitt recommended engaging the services of Richard McNeilly to reconcile the books in the Treasurer’s Office so that the year 2007 can start with a clean record. Mr. Van Dee agreed and asked if a resolution can be drafted for the Legislative Session on October 26, 2006 to reflect this. Committee members discussed having Mr. McNeilly come back and assist in the Treasurer's Office. Mr. Whitt stated that he believes Mr. McNeilly would do this for a reasonable fee and the issues in the Treasurer’s Office can be dealt with before the end of the year. He added that the Legislature would not need to keep looking backward if these issues are reconciled.
Mr. Troy made a motion to have Mr. Schrader and Mr. Whitt draft a resolution for Legislative Session on October 26, 2006 to reflect hiring Richard McNeilly to assist in reconciling books in the Treasurer’s Office and “clean up” matters before the end of 2006; seconded by Mr. Ross. All members present voting in favor; none opposed; motion carried. Mr. Whitt further reported that the Audit performed by Mr. McNeilly indicates that the County's financial position is sound and that the outstanding issues found deal with the Treasurer's Office.
Budget & Finance Committee:
1.
Authorize Apportionment of Mortgage Tax
Monies-Treasurer’s Office – Mr. Troy
moved adoption; seconded by Mr.
Daniels. All
members present voting in favor; none opposed; resolution approved.
CONSENT AGENDA
Mr. Van Dee explained that he was going to consider the Consent Agenda next.
Mr. Van Dee introduced the Consent Agenda, Items 2 through 17, and asked if there were any items to be pulled for discussion.
Chairman Brown requested that Consent Agenda Item No. 9 be removed and acted upon separately.
The following agenda item was removed from the Consent Agenda to be acted upon separately: Consent Agenda Item No. 9.
Mr. Troy moved adoption of the Consent Agenda, with the exception of Agenda Item No. 9 that was removed by request of Chairman Brown to be acted upon separately; seconded by Mr. Daniels.
Referred from Buildings and Grounds: NONE
Referred from Health Committee:
3.
Amend Budget (NYS Office of Mental
Health)
4. Amend Budget (NYS Office of Alcoholism & Substance Abuse Services
5.
Amend Budget (NYS Office of Mental
Retardation Developmental Disabilities)
Referred from Highway Committee:
6.
Amend Budget/Transfer Funds
7.
Transfer Funds
8. Amend 2006 Budget/Recognizing Insurance Recovery
Referred from Judiciary & Public Safety Committee: NONE
9.
Removed
to be acted upon separately
Referred from Human Services Committee:
10.
Authorize Agreement Employment &
Training Department (Operation of Year Round Youth Program
11.
Amend Budget/Transfer-MMIS Social
Services
12.
Amend 2006 Budget (Homer Energy
Assistance Program/HEAP)
13.
Amend Budget/ Transfer Social Services
14.
Amend Budget/ Transfer Social Services
15. Accept Grant/Amend Budget (Eat Well Play Hard Grant)
Referred from Personnel Committee:
16.
Agreement Between the County of
Cortland and the Civil Service Employee’s Association, Inc-Cortland County
Local 812-Unit 6550-02-Civilian
17.
Agreement Between the County of
Cortland and the Civil Service Employee’s Association, Inc-Cortland County
Local 812-Unit 6550-03-Corrections
Referred from Ag/Planning: NONE
All members voted in favor; none opposed; consent agenda adopted.
The following item was pulled from the Consent Agenda to be acted upon separately.
NON -CONSENT AGENDA:
9. Introduce Local Law No. 1 for the Year 2006 – Creation of the Office of Conflict Attorney – Mr. Troy moved adoption; seconded by Mr. Daniels. Chairman Brown explained that the County Attorney requested that the County delay this because he had not heard back form the Judge regarding this. Mr. Daniels discussed a letter received from Attorney Bruce Fein. Mr. Whitt explained that he received a copy of the minutes from the September 14, 2006 meeting of the Cortland County Bar Association and those minutes reflect “the possibility of litigation against the county was also discussed.” He further added that there has been no other report of this to the County other than what has been recorded in their minutes. Mr. Whitt explained that these minutes were sent to the County in the form of a bill requesting payment for membership dues to the Cortland County Bar Association and after receipt of such document it becomes public record. Mr. Whitt discussed briefly payment of dues to the Cortland County Bar Association. Chairman Brown inquired as to what the premise is for the County to pay dues to the Cortland County Bar Association. Mr. Whitt distributed a copy of the minutes for members of the Committee to read. Mr. Whitt pointed out that the possible suing of the County is discussed in paragraph three of the minutes. Mr. Whitt further discussed attempt to submit and follow a plan for the development of the Conflict Attorney’s Office and also discussed a 1965 resolution allowing the Cortland County Bar Association to submit a plan. Mr. Van Dee expressed that he would like the Cortland County Bar Association to read the plan that the County is proposing. Mr. Whitt discussed that the Cortland County Bar Association has asked Cortland County to pay dues to the Cortland County Bar Association. Mr. Whitt further discussed problems with the paying of the bill and questioned if the County can pay it. Mr. Schrader explained that he has discussed this with the Auditor and that every time the County pays a bill it must be for a municipal service and he cannot find a legitimate reason to pay this bill. Mr. Daniels asked about independent attorneys paying their own membership through their independent offices. Mr. Schrader discussed that not all attorneys that are employed by the county are also employed independently. He also discussed that the County pays for Notary renewals because those individuals provide a service for the County by notarizing documents and therefore provide a legitimate service to the County. He again stated that he has found no legitimate purpose for paying membership to the Cortland County Bar Association and recommends that the County hold off on paying this. The consensus of the Committee members was in agreement with Mr. Schrader regarding paying of this bill. Mr. Troy made a motion to table this resolution until date certain of November 21, 2006; seconded by Mr. Daniels. All members voted in favor; none opposed; Introduce Local Law No. 1 for the Year 2006 – Creation of the Office of Conflict Attorney tabled until November 21, 2006.
DISCUSSION/REPORTS:
Mr. Schrader discussed scheduling Budget Review meetings for the Tentative 2007 County Budget.
1. County Treasurer, Bank Balances July & August – Committee members received Bank Balances and there was no discussion regarding them.
2. Report On Progress of Reportable Conditions in Year 2005 Single Audit management letter – Mr. Whitt discussed calling a meeting of the Audit Committee to shepard Mr. McNeilly in his work with the Treasurer’s Office. He also discussed appointing a subcommittee to oversee Mr. McNeilly’s work in lieu of calling a special meeting of the Audit Committee. Mr. Van Dee discussed appointing a subcommittee to oversee the work to be completed by Mr. McNeilly. Committee members discussed the members to be appointed to this subcommittee. Mr. Van Dee appointed Chairman Brown, Mr. Ross and himself to the Subcommittee of the Budget and Finance Committee to oversee the work to be completed by Mr. McNeilly in the Treasurer’s Office.
Mr. Troy made a motion to adjourn the meeting; seconded Daniels. Mr. Van Dee adjourned the meeting at 8:04 a.m.