April
19, 2007 at 8:30 am
DRAFT
MINUTES
Members: Ron VanDee, Chairman; John Troy, Vice Chairman; Sean Clark, John Daniels, Danny Ross, Dan Tagliente and Newell Willcox
Others Present:
Marilyn Brown, Chairman of the Legislature; Scott Schrader, County
Administrator; Sandy Price, Legislator; Carol Tytler, Legislator; John Steger,
Legislator; Larry Cornell, Legislator; Richard C. Van Donsel, County Attorney;
Dennis Whitt, County Auditor; Katrina Spicer, Secretary to Administration; Don
Ferris, County Treasurer; Corey Preston, Cortland Standard; Eric Mulvihill,
WXHC; Ann Gebhart and Roman Markoff
Mr. Van Dee called the meeting to order at 8:30 a.m.
Mr. Tagliente moved adoption
of the minutes of the March 15, 2007 meeting; seconded by Mr. Troy.
All members present voted in
favor; none opposed; minutes approved as printed.
No items were requested by the chairman of the Budget & Finance
Committee to be noted for suggested Legislature review.
BUDGET & FINANCE COMMITTEE RESOLUTIONS:
1.
Authorize Treasurer to Accept Delinquent Tax Payments –
Mr. Tagliente moved adoption; seconded by Mr. Troy.
Mr. Van Dee explained that Ms. Markoff was in attendance and afforded
her privilege of the floor. Ms.
Markoff explained that she was a resident of Virgil and her house is now in
tax foreclosure. Ms. Price
explained that Ms. Markoff was recently divorced and her ex-husband was
ordered to pay the back taxes. Ms.
Price added that Ms. Markoff’s ex-husband was out of the country.
Ms. Markoff further explained that she had thought that he had paid the
taxes but later learned that they had not been paid.
She expressed that the Treasurer’s Office has been very kind and
helpful. She explained that she
would like an opportunity to straighten this out and keep her home.
Committee members thanked Ms. Markoff for attending and speaking.
Mr. Willcox inquired if this can be done on an individual basis. Mr. Van Donsel expressed that it can’t be done for one
person but it can be done for a group of people in similar circumstances.
He explained that this resolution has criteria for people of a
situation similar to that of Ms. Markoff and if a person meets that criteria
they will be given an extension to May 15, 2007 to submit payment.
Mr. Van Donsel asked Ms. Markoff if that would be sufficient time.
She expressed that it would be. Committee
members discussed doing this in the past and the fairness to those who pay
their tax in a timely manner. Chairman
Brown expressed that this resolution calls for certain criteria for people in
certain circumstances. All
members present voting in favor; none opposed; resolution adopted.
2.
Delegating Authority to the
County Auditor to Approve Certain Corrections of Errors on Tax Rolls and
Certain Real Property Tax Refunds – Mr. Troy moved adoption; seconded by
Mr. Clark. No discussion
occurred regarding this resolution. All
members present voting in favor; none opposed; resolution adopted.
3.
Amend Budget/Create
Farmland Protection Reserve Treasurer’s Office – Mr. Tagliente moved
adoption; seconded by Mr. Troy. No
discussion occurred regarding this resolution.
All members present voting in
favor; none opposed; resolution adopted.
4.
Authorize Agreement/
Amend Budget (Homer-Cortland Community Agency, Inc.)
– Mr. Troy
moved adoption; seconded by Mr. Clark. No
discussion occurred regarding this resolution. All members present
voting in favor; none opposed; resolution adopted.
5.
Amend 2006 Budget Solid Waste/Recycling Transfer to Capital Projects
– Mr. Troy moved adoption; seconded by Mr. Tagliente. Mr. Willcox inquired as to how much money is involved in
this. Chairman Brown explained
that $25,000 was involved. Chairman
Brown also inquired as to the money in these accounts. Mr. Schrader expressed that he did not have exact amount but
explained that this is for the Landfill.
He added that he believes that the minimum amounts are there.
All members present voting in
favor; none opposed; resolution adopted.
6.
Endorsing State
Legislation S4133 and A7199 Extending Existing Sales and Use Tax Authority Of
the County of Cortland –
Mr. Troy moved adoption; seconded by Mr. Tagliente.
No discussion occurred regarding this resolution.
All members present voting in
favor; none opposed; resolution adopted.
7.
Endorsing State
Legislation S3150 and A7198 Authorizing the County of Cortland to impose an
Additional Mortgage Recording Tax – Mr. Troy moved adoption; seconded by
Mr. Tagliente. Mr. Willcox
inquired if this were for the potential amount of $250,000.
Chairman Brown answered that it was.
Mr. Van Dee, Mr. Troy, Mr. Clark, Mr. Daniels, Mr. Ross and Mr.
Tagliente voted in favor; Mr. Willcox opposed; resolution adopted.
8.
Amend Budget, Transfer
Funds County Treasurer –
Mr. Tagliente moved adoption; seconded by Mr. Troy.
No discussion occurred regarding this resolution. All members present
voting in favor; none opposed; resolution adopted.
Mr. Van Dee introduced the Consent Agenda, Items 9 through 22, and asked if there were any items to be pulled for discussion.
Mr. Troy requested that Consent Agenda Item No. 19 be removed and acted upon separately.
Mr. Willcox requested that Consent Agenda Item No. 15 be removed and acted upon separately.
Chairman Brown requested that Consent Agenda Item Nos. 11,13, 15, 16 and 22 be removed and acted upon separately
The following agenda items were removed from the Consent Agenda to be acted upon separately: Consent Agenda Item Nos. 11, 13, 15, 16, 19 and 22.
Mr. Troy moved adoption of the Consent Agenda, with the exception of Agenda Item Nos. 11, 13, 15, 16, 19 and 22, which were removed by the requests of Mr. Troy, Mr. Willcox and Chairman Brown to be acted upon separately; seconded by Mr. Tagliente.
CONSENT AGENDA
Referred from
Ag/Planning Committee: None
Referred from General
Services Committee: None
Referred from Health
Committee:
9.
Establish Petty Cash Account /Nursing Division/Clinic
10.
Authorize Agreements/Accept Funds /Administration Cancer Services Program
11.
Abolish/Create Part-time Medical
Services Clerk/Full-time Medical Services Clerk – Removed to be acted upon
separately
12.
Amend Budget (NYS Office of
Mental Health)
13.
Amend Budget - Removed to be acted
upon separately
14.
Amend Budget (Catholic Charities)
15.
Appointment of Full Time Staff Psychiatrist - Removed to
be acted upon separately
Referred from Highway
Committee:
16.
Award Sale of Surplus Automated Weather Observing System (AWOS) Equipment -
Removed to be acted upon separately
17.
Authorize Sale of Highway Equipment – One (1) Rubber Tire Excavator
Referred from Human
Services Committee:
18.
Abolish/Create Full-time Sr. Citizen Center Manager/Part-time Sr. Citizen
Center Manager
19.
Accept Donation/Amend Budget (Pall Trinity Union Donation) - Removed to be
acted upon separately
20.
Create Employment & Training Special Programs Counselors (temporary –
3 positions)
Referred from Judiciary
& Public Safety Committee:
Referred from Personnel Committee:
22.
Transfer Funds Cortland County Board of Elections (NYS Voter System II) -
Removed to be acted upon separately
All members voted in favor; none opposed; consent agenda adopted.
NON-CONSENT AGENDA
Referred from Health
Committee:
11.
Abolish/Create Part-time Medical
Services Clerk/Full-time Medical Services Clerk –
Mr. Clark moved adoption; seconded by Mr. Troy.
Chairman Brown inquired as to why it was not feasible to contract for
these services. Mr. Clark
explained the reasoning for this not being feasible to contract for these
services was for liability insurance reasons.
He added that if a person is hired then that individual would fall
under the County’s liability insurance plan.
Mr. Schrader further explained that currently the Mental Health Clinic
contracts for these services and discussed the liability insurance
requirement. He added that this
is a part-time job for the individual currently under contract and the
insurance is costly. Mr. Willcox
inquired about the extra cost of insurance.
Committee members discussed the cost of insurance.
Ms. Price expressed that this was discussed in Health Committee and
added that a new employee would physically be in the building.
Ms. Tytler added that with all the HIPPA regulations this would allow
for more control of medical records. She
added that currently the transcription is done out of the clinic.
Mr. Willcox expressed that this is creating a dangerous precedent.
Ms. Tytler expressed that this is am improvement to current procedure.
All members present voting in favor; none opposed; resolution
adopted.
13.
Amend Budget – Mr. Clark moved
adoption; seconded by Mr. Tagliente. Mr. Clark moved adoption; seconded by Mr. Troy.
Ms. Brown expressed that CPL should be spelled out.
Committee members discussed the amount of money involved in this. Mr. Schrader discussed the circumstances around the County
being responsible for an individual and that individual being a ward of the
County. Mr. Schrader expressed
that this cost was negotiated to a substantially lower rate.
Mr. Van Donsel expressed that if this resolution fails, the County can
be billed at the higher rate. All
members present voting in favor; none opposed; resolution adopted.
15.
Appointment of Full Time Staff Psychiatrist – Mr. Troy moved
adoption; seconded by Mr. Tagliente. Mr. Troy expressed that he has checked into this and the
salary being proposed for this psychiatrist is excessive. Mr. Schrader expressed that the preliminary research for this
position supports the going rate. He
added that this psychiatrist is also a child psychiatrist and the going rate
for a child psychiatrist is between $110 to $150 per hour.
He added that at a rate of $150 per hour is equivalent to approximately
$270,000 per year. He further
expressed that this involves a child psychiatrist.
Mr. Schrader explained that Broome County does have a position offering
less money but that position is not filled.
Mr. Willcox inquired about the total cost of this position.
Mr. Schrader responded that it would be between $230,000 to ________.
Committee members further discussed the revenue that would be generated from
filling this position. Mr. Schrader expressed that approximately $255,000 in
revenue can be generated directly by this position and an additional $255,000
can be generated indirectly by a Nurse Practitioner.
Mr. Schrader also discussed these revenue figures not including the
offset costs and savings if this service is not provided.
Mr. Willcox inquired as to how long the contract is for and requested
that the revenue generated be tracked. Mr.
Schrader explained that the contract is for five years and that the revenue
can be tracked and reported monthly if the Legislature desires it to be.
Mr. Schrader also discussed the employment contract and the inclusion
of a $20,000 penalty for early termination of the contract. Mr. Schrader
explained that the candidate would be required to give a 90-day notice. Ms. Price expressed that this is a substantial salary but
asked people to consider the human side of the issue. She added that there is a great need for a child psychiatrist
and discussed issues that can be prevented by having someone like this on
staff. Mr. Ross inquired if the
Mental Health Clinic offers the services of psychiatrist only to Cortland
County residents. Mr. Schrader
discussed preferences not being given and service not being refused based on
residency. He further discussed
triaging clients and giving priority based on that triage.
He further discussed that the Mental Health Clinic currently paying
$180,000 for the individual contracted for these services.
Mr. Van Donsel explained that this would save a great deal of time just
in his office. He added that
waiting on reports could be very time consuming.
He went on to discuss the intangible costs that can be saved in his
office and added that there are other departments that would benefit also such
as Social Services and Probation to name a couple.
Chairman Brown inquired if the County receives reimbursement for those
individuals that are not Cortland County residents.
Mr. Schrader expressed that the County does and added that he has
directed Mr. Kilmer to obtain payment from other counties that have not been
paying. Mr. Troy inquired about
the $20,000 penalty being included in the employment contract.
Mr. Schrader expressed that it was included. All members present voting in favor; none opposed;
resolution adopted.
Referred from Highway
Committee:
16.
Award Sale of Surplus Automated Weather Observing System (AWOS) Equipment
– Mr. Ross moved adoption; seconded by Mr. Tagliente.
Chairman Brown inquired as to how this money would be used.
Mr. Tagliente expressed that the money must go back to the Airport.
All members present voting in favor; none opposed; resolution
adopted.
Referred from Human
Services Committee:
19.
Accept Donation/Amend Budget (Pall Trinity Union Donation) – Mr. Troy
moved adoption; seconded by Mr. Tagliente.
Mr. Troy expressed that this is done annually.
Ms. Price expressed that this assists kids to attend summer programs
that they normally would be unable to afford.
Committee members discussed thanking Pall Trinity Union for this
donation. The consensus of the committee members was to prepare a
plaque thanking the Pall Trinity Union for their continued support.
All members present voting in favor; none opposed; resolution
adopted.
Referred from Personnel Committee:
22.
Transfer Funds Cortland County Board of Elections (NYS Voter System II) –
Mr. Troy moved adoption; seconded by Mr. Tagliente.
Chairman Brown requested to have the abbreviations, SQL and NTS,
spelled out in the resolution. All
members present voting in favor; none opposed; resolution adopted as amended.
DISCUSSION/REPORTS:
1.
Recommendations from Ad Hoc and General Services Committee – Property
Acquisitions with potential Resolution to be submitted to the full Legislature
A copy of the following resolution was provided to all
Committee members at the meeting:
Resolution
Authorizing the Purchase of Properties
And
Authorizing the County Attorney to Negotiate
the Settlement of Options with the Other Property Owners
WHEREAS,
the Ad Hoc Committee, appointed by the Chairman of the Legislature, has
considered six options for the Cortland County Legislature to take regarding
the property purchases for a Public Health Facility, AND
WHEREAS, the Ad Hoc Committee has made two recommendations to the General Services Committee to consider to resolve the direction of the Legislature for action at their April 26, 2007 meeting, AND
WHEREAS, the General Services Committee recommends that the County complete the purchase of the Moose properties and the Woods properties and not consummate the purchase of the residential properties NOW THEREFORE, BE IT
RESOLVED, that the Chairman of the County Legislature is hereby authorized and directed to execute any and all documents, subject to the County Attorney’s approval as to legal sufficiency, necessary to acquire the following properties:
Loyal Order of Moose
86.74-02-36.000 6, 8, 10 Randall Street
86.74-02-42.000 157 Main Street in an amount of $250,000
86.74-02-43.000
151 Main Street
Charles E. Wood & Michael C. Wood
86.74-02-37.000 7 William Street Rear in an amount of $300,000
86.74-02-41.000 159 Main Street
AND, BE IT FURTHER
RESOLVED, that the County Attorney is hereby authorized and directed to obtain a negotiated settlement of any and all outstanding and potential claims by the remaining sellers, and present these settlements to the County Legislature for approval, AND BE IT FURTHER
RESOLVED, that all payments and other closing costs for the purchases
be taken from General Fund Fund Balance and the 2007 Budget be amended
accordingly.
Ms.
Tytler explained that the Ad Hoc Committee made two recommendations regarding
the property acquisitions. She
expressed that the recommendations were not unanimous but the were the
majorities recommendations. She
pointed out that the Ad Hoc Committee was in agreement regarding not tearing
down the residential property and added that this would leave a smaller amount
of property for a project. Ms.
Tytler expressed that the proposed Health Facility would be too large for the
land, which has been recommended to be purchased.
She added that the Committee was directed to only discuss the property
currently involved. She added
that she is aware of other Legislators looking into other properties but added
that the Ad Hoc Committee has not. Ms.
Tytler expressed that she has requested information from the County Attorney
regarding the possible settlement costs the County could incur.
She explained that the Ad Hoc Committee has discussed other options to
use the property for. She has
also had discussions with Mr. Schrader regarding the cost savings in a shared
Public Health and Mental Health facility.
Mr. Van Donsel expressed that he had been in contact with some of the
attorneys representing property owners involved in the property acquisitions
of South Main Street. He
explained discussions he has had with Mr. Ruthig regarding the Moose property
and expressed that there has been an offer made on that property for $200,000;
the difference and damage being approximately $50,000.
Mr. Van Donsel also explained that he had contacted Mr. Lissberger and
Mr. Lissberger has not contacted him yet regarding figures.
Mr. Van Donsel additionally explained that Robbins Tobacco/Wood
property has not yet filed a lawsuit but he has discussed a settlement offer
of $120,000. Mr. Van Donsel also
contacted Mr. Knickerbocker, attorney for the Abeteillo property, and he has
been out of town but expects Mr. Knickerbocker to contact him when he returns.
Mr. Tagliente expressed that there is a resolution that was prepared
for the Budget & Finance Committee to consider.
Mr. Schrader expressed that the General Services Committee approved
this resolution earlier this morning and has been sent to this Committee for
your consideration. Mr. Van Dee
explained that that the resolution was not on the agenda and he, as Chairman
of Budget & Finance Committee has the ability to allow it to be added or
to deny it. He further expressed
that he was not going to allow it because he had not had the opportunity to
review it in advance or to speak with residents from his district.
He briefly expressed that Ms. Gebhart was here in attendance today and
he has briefly discussed it with her. He
added that Ms. Gebhart expressed to him that there is a chance that the
residents may accept this. Mr.
Van Dee explained that the Committee may override his decision not to consider
this resolution. Mr. Schrader
informed the Committee that even without the approval or consideration of the
Budget & Finance Committee, this resolution would still be on the agenda
for the Legislative Session with a notation regarding the Budget & Finance
Committee not considering it, if that was what the Committee chose to do.
Mr. Tagliente made a motion to add the resolution, Resolution
Authorizing the Purchase of Properties and Authorizing the County Attorney to
Negotiate the Settlement of Options with the Other Property Owner, as
recommended by the General Services Committee, to the agenda for the Budget
& Finance Committees consideration; seconded by Mr. Clark.
Mr. Clark, Mr. Daniels, Mr. Tagliente and Chairman Brown voted in
favor; Mr. Ross, Mr. Troy, Mr. Van Dee and Mr. Willcox were opposed; motion
failed. Ms. Tytler expressed that
she was not aware of how this action was useful.
Mr. Van Dee expressed that he was not given enough time to review the
resolution. Chairman Brown requested that Mr. Van Dee allow Ms. Tytler to
speak. Ms. Tytler expressed that
there is a committee process in place to consider this. Mr. Van Dee interrupted and stated that the Committee used
the process and expressed that he was sorry if Ms. Tytler did not like it.
2.
Agenda & Minutes of
Committee meetings- Marilyn Brown – Chairman Brown expressed that the Chairman of the Committee and the
Committee members are to notify the Secretary taking minutes as to items that
they feel are significant for Legislature review. She expressed that those items will be noted at the beginning
of the minutes as suggested items for Legislators review and then bolded in
the minutes.
3.
Payment of delinquent
taxes after redemption date – County Attorney, Town of Virgil Tax Map
#127.00-04-08.000 Markoff/Levin Property –
Mr. Van Donsel expressed that this was resolved with the adoption of the first
resolution on the agenda. He
expressed that there is no need for further discussion.
He apologized for the miscommunication between himself and the Clerk of
the Legislature.
4.
Update on request to release Social Services Lien on 17 Stewart Place, City
of Cortland County – Mr. Van Donsel explained that as a result of a
conflict he had regarding this, he has hired Mr. Knickerbocker to handle this.
He stated that Mr. Knickerbocker would provide him with information in
writing. Mr. Van Donsel expressed
that when he receives the information he will discuss this with Mr. Schrader
and he will bring it back to this Committee next month.
He expressed that this does not need to be resolved today.
Mr. Van Dee adjourned the meeting at 9:15 a.m.