December
13, 2007 at 7:30 am
DRAFT
MINUTES
Members: Ron Van Dee, Chairman; John Troy, Vice Chairman; Sean Clark, John Daniels, Dan Tagliente and Newell Willcox
Others Present: Marilyn Brown, Chairman, County Legislature; Scott Schrader, County Administrator; Sandy Price, Legislator; John Steger, Legislator; Tony Piombo, Legislator-Elect; Richard C. Van Donsel, County Attorney; Mayor Tom Gallagher, City of Cortland; Katrina Spicer, Secretary to Administration; Bill Cinquanti, Real Property Tax Service; Don Ferris, County Treasurer; Carolyn Kennedy, Deputy County Treasurer; Evan Geible, Cortland Standard; Jim Dempsey, Cortland County Convention and Visitors Bureau; and John Carroll
Absent:
Danny Ross
Mr. Van Dee called the meeting to order at 7:30 a.m.
Mr. Troy moved adoption of the
minutes of the October 29, 2007, October 31, 2007, November 1, 2007, November
20, 2007, and November 29, 2007 meetings; seconded by Mr. Clark.
All members present voted in
favor; none opposed; minutes approved as printed.
DISCUSSION:
Mr. Van Dee announced that Mayor Gallagher was present to discuss the area
of Hazardous Material as an area that the County could help the City
financially. Mr. Van Dee
expressed that three years ago the County paid for this.
Mr. Schrader explained that the County received a grant to assist the
Hazardous Material Response Team. Mayor
Gallagher agreed. Mr. Van Dee
explained that Mayor Gallagher has brought information for review and
discussion. Mayor Gallagher
distributed a copy of the Cortland Fire Department, 2008 Hazardous Material
Budget (Proposed) to all Committee members.
Mr. Tagliente expressed that the City of Cortland responds to the
incidents across the County and County should go ahead and do this.
Mr. Van Dee agreed. Chairman
Brown inquired about reimbursements. Mayor
Gallagher discussed some expenses are not reimbursable.
Mr. Troy inquired about grant funding.
Committee members discussed grant funding briefly.
Mr. Tagliente made a motion Authorizing Payment to the Cortland Fire
Department Hazardous Material Response Team, City of Cortland; seconded by Mr.
Clark. Chairman Brown
requested that Mr. Schrader draft the resolution.
All members voting in favor; none opposed, resolution adopted.
BUDGET & FINANCE COMMITTEE RESOLUTIONS:
1A.
Authorizing Settlement of Claims (County Attorney) – Mr. Troy moved
adoption; seconded by Mr. Tagliente. Chairman Brown expressed that with the controversy over this
and the Assistant County Attorney representing Mr. Lissberger and the memo
that was distributed by Mr. Schrader, should the Committee be voting on this.
Mr. Van Donsel stated that Mr. Walsh did not represent Mr. Lissberger.
Mr. Tagliente expressed that he was against this and the fact that the
County was losing the money. Mr.
Van Donsel discussed the net difference, waiver of real estate commissions,
adjustment of taxes and rent loss as it relates to the expenses accrued by Mr.
Lissberger and relation to the settlement of the this claim.
Mr. Schrader expressed that this was not accurate according to the
record. He stated that as the
record stands, it is clear that there was no loss of profit.
He stated that the Deed was notarized by Mr. Walsh and returned to
Leonard and Walsh. He also stated
that he felt an investigation should be conducted in regards to this.
He recommended a 50 (h) Hearing be conducted and that Mr. Lissberger be
brought in and put under oath. Mr.
Van Donsel expressed if that is the pleasure of the Legislature.
Mr. Clark inquired if the resolution should be amended to exclude the
Lissberger property. Mr.
Tagliente expressed that he is uncomfortable with this resolution.
Mr. Clark agreed. Mr.
Willcox inquired as to what would happen with a 50 (h) Hearing.
Mr. Van Dee inquired about the costs involved in this.
Mr. Schrader explained that Mr. Lissberger would give a sworn testimony
under oath. He added that the
cost related should be a couple of hundred dollars.
Mr. Tagliente discussed forgiving the taxes on the property but that
was it. Mr. Schrader stated that
there was o itemization provided. Committee
members discussed an investigation regarding this.
Chairman Brown added that if this resolution was to be approved today
then an itemization and documentation should have been attached to the
resolution. Mr. Van Donsel
expressed that he discussed this at the November 9, 2007 Budget & Finance
Committee meeting and this is the first time he has heard there was a problem.
He further stated that he has distributed copies of documents in
regards to this all along including lists of itemized expenses from the Coles
and Lissberger. Mr. Schrader
stated that he has not received any list of itemized expenses from the County
Attorney’s Office. He also
stated that he does not receive correspondence from the County Attorney’s
Office. Mr. Van Dee stated that
he is opposed to passing this resolution and further stated that an
investigation should take place. No
member voted in favor; all members were opposed, resolution failed.
1.
Authorize Agreement Renewal, Town of Cuyler (Real Property Tax Services) –
Mr. Tagliente moved adoption; seconded by Mr. Troy.
No discussion occurred regarding this resolution.
All members voting in favor; none opposed, resolution adopted.
2.
Authorize Agreement Renewal, Town of Preble (Real Property Tax Services) –
Mr. Tagliente moved adoption; seconded by Mr. Daniels.
No discussion occurred regarding this resolution.
All members voting in favor; none opposed, resolution adopted.
3.
Authorize Agreement Renewal, Town of Scott (Real Property Tax Services) –
Mr. Tagliente moved adoption; seconded by Mr. Troy.
No discussion occurred regarding this resolution.
All members voting in favor; none opposed, resolution adopted.
Mr. Van Dee proposed that the Committee consider looking at Agenda Item Numbers 4 though 15 as a consent agenda. Mr. Troy made a motion to consider Agenda Item Numbers 4 through 15 as a consent agenda; seconded by Mr. Willcox. Mr. Van Dee expressed that Mr. Carroll was present and had a questions regarding Virgil. Mr. Carroll stated that Virgil has their own sewer and inquired as to what the levy for sewer was for. Mr. Cinquanti explained that this is done annually to re-levy unpaid taxes and unpaid sewer bills. He additionally stated that he has just received some of the figures to fill in this resolution and plans on having all the figures to the Clerk of the Legislature by Tuesday at the latest.
4.
Amend 2008 Budget to Reflect State Administered Non Property Tax Services
(Sales Tax) to reduce Real Property Tax Levy
5.
Levy County Tax, City of Cortland
6.
Fix Date to Sign Warrants
7.
Levy Town Special District Taxes
8.
Levy Town General and Highway Taxes
9.
Levy Water Charges – Town of Scott
10.
Levy Water Charges – Town of Cincinnatus
11.
Levy Water Charges – Town of Cortlandville
12.
Levy Water Charges – Town of Harford
13.
Levy Sewer Charges – Town of Cortlandville
14.
Levy Sewer Charges – Town of Cuyler
15.
Levy Sewer Charges – Town of Virgil
All
members voted in favor; none opposed; consent agenda adopted.
15A.
Appoint Full Time Staff Psychiatrist, Mental Health – Mr. Troy moved
adoption; seconded by Mr. Clark. Mr. Clark explained that Mental Health has been looking for a
Psychiatrist for some time. He
also explained that some agencies, or “head hunters” as Mr. Schrader has
referred to them, have been hired to assist in filling this position.
He explained that this individual was not found utilizing one of those
agencies, he was found on our own and he lives and works in the Syracuse area.
Mr. Schrader stated that he currently in employed by Hutchings in
Syracuse and added that Mr. Kilmer did one heck of a job recruiting him.
He explained that the only difference between this employment agreement
and the one previously drafted for the last psychiatrist is that an additional
ten days vacation have been included. He
explained that Dr. Stepkovitch has vacation plans for this summer.
Mr. Willcox stated that this was short notice.
Mr. Van Dee expressed that a psychiatrist has been needed for months.
Mr. Schrader apologized for the short notice and explained that Dr.
Stepkovitch just accepted employment on Tuesday.
All members voting in favor; none opposed, resolution adopted.
16.
Amend Budget – 911 Upgrades Capital Project – Mr. Troy moved
adoption; seconded by Mr. Clark. Mr. Willcox inquired about the $10,000 going to a private
partnership. Mr. Schrader
explained that it would be paid to TLC for their installation of a dispatch
station. He added that TLC
provides emergency medical instructions.
All members voting in favor; none opposed, resolution adopted.
16A.
Authorize Agreement, Real Property Tax Services OCE Scanner/Printer –
Mr. Troy moved adoption; seconded by Mr. Daniels.
No discussion occurred regarding this resolution.
All members voting in favor; none opposed, resolution adopted.
17A.
Amend Budget/Transfer Funds, Highway Department – Mr. Troy moved
adoption; seconded by Mr. Tagliente. No discussion occurred regarding this resolution.
All members voting in favor; none opposed, resolution adopted.
Mr. Van Dee introduced the Consent Agenda, Items 17 through 28, and asked if there were any items to be pulled for discussion.
Mr. Willcox requested that Consent Agenda Item Nos. 17, 22, 25, 26 and 28 be removed and acted upon separately.
Mr. Troy requested that Consent Agenda Item Nos. 17, 19 and 23 be removed and acted upon separately.
Mr. Troy moved adoption of the Consent Agenda with the exception of Agenda Item Nos. 17, 19, 22, 23 25, 26 and 28, which were removed at the request of Mr. Willcox and Mr. Troy, to be acted upon separately; seconded by Mr. Clark.
CONSENT AGENDA
Referred from
Agriculture/Planning/Environment Committee: None
Referred from General
Services Committee: None
Referred from Health
Committee: None
Referred from Highway
Committee:
17.
Authorize Project and Accept NY State Aviation Grant to Design and
Construct T-Hangar during 2008 - Removed to be acted upon separately
18.
Authorize Supplemental Agreement/New York State McLean Road & McLean
Road Extension P.I.N. – 3753.70
19.
Create Project Transfer Funds - Removed
to be acted upon separately
20.
Authorize Minimum Tip Fee
21.
Award Contract Recycling Broker
Referred from Human
Services Committee:
22.
Amend Authorization for Lease Agreement Dept. Of Employment & Training
(Calabro Properties, Inc.) - Removed to be
acted upon separately
Referred from Judiciary
& Public Safety Committee:
23.
Authorize Donation of Fire Engine to Homer
Cortland Community Agency - - Removed
to be acted upon separately
24.
Authorize Agreement - Autopsy Services Lourdes Hospital
25.
Appointment of Jail Physician Pursuant to Correction Law § 501 - Removed
to be acted upon separately
26.
Amend 2007 Budget/Transfer Funds
Jail (Medical Services) - Removed to be acted upon separately
27.
Accept Funds/Authorize Agreement Wireless 911 Service (Sheriff’s
Department)
Referred from Personnel
Committee:
28.
Authorize Agreement Worker’s Compensation/Self-Insurance Program -
Removed to be acted upon separately
All
members voted in favor; none opposed; consent agenda adopted.
NON-CONSENT AGENDA
Referred from Highway
Committee:
17
Authorize Project and Accept NY State Aviation Grant to Design and
Construct T-Hangar during 2008 - Mr. Tagliente moved adoption; seconded by
Mr. Troy. Mr. Willcox inquired as to where the rental revenue was to be
applied for T-Hangar rental and further asked if it would be paying off the
bond from this project. Mr.
Schrader stated that there was no bond regarding this project and added that
the revenue would be applied to the operation of the Airport. All members voting in favor; none opposed, resolution
adopted.
19.
Create Project Transfer Funds - Mr. Troy moved adoption;
seconded by Mr. Daniels. Mr. Troy
inquired if this was to make repairs to the road in Virgil that Ms. Price
spoke about earlier in the year. Chairman
Brown expressed that it was. Mr.
Clark inquired if the expenses for the McGraw project would be reinstated next
year. Mr. Schrader stated that
they already have been. All
members voting in favor; none opposed, resolution adopted.
Referred from Human
Services Committee:
22.
Amend Authorization for Lease Agreement Dept. Of Employment &
Training (Calabro Properties, Inc.) Mr.
Troy - Mr. Troy moved adoption; seconded by Mr. Daniels.
No discussion occurred regarding this resolution. All members voting in favor; none opposed, resolution
adopted.
Referred from Judiciary
& Public Safety Committee:
23.
Authorize Donation of Fire Engine to Homer
Cortland Community Agency - Mr. Troy moved adoption; seconded by
Mr. Clark. Mr. Troy inquired as
to the value of the truck. Mr.
Schrader estimated the value to be about $5,000.
All members voting in favor; none opposed, resolution adopted.
25.
Appointment of Jail Physician Pursuant to Correction Law § 501 - Mr.
Troy moved adoption; seconded by Mr. Clark.
Mr. Willcox inquired as to how much time the doctor and nurse spend at
the Jail. Sheriff Price explained
that there is the nurse is there 40 hours per week.
He added that the doctor is there weekly and a physicians assistant is
also there once or twice a week. He
explained that this reflects a 3% increase from last year.
Sheriff Price explained that this doctor also works with the Tompkins
County Jail. He further explained
that this type of doctor is actually a specialty dealing with a specialty in
regards to the games inmates play. Sheriff
Price expressed that the doctor does an excellent job.
He further explained that medical cost and the cost of medicine have
increased due to the fact that inmates are in general a very sick population
from their lifestyles and drug usage. He
added that the County couldn’t allow the inmates to decompensate while in
jail. All members voting in
favor; none opposed, resolution adopted.
26.
Amend 2007 Budget/Transfer Funds Jail
(Medical Services) - Mr. Troy moved adoption; seconded by Mr. Clark.
No discussion occurred regarding this resolution.
All members voting in favor; none opposed, resolution adopted.
Referred from Personnel
Committee:
28.
Authorize Agreement Worker’s Compensation/Self-Insurance Program -
Mr. Troy moved adoption; seconded by Mr. Clark.
Mr. Willcox inquired if this was in the best interest of the County.
Mr. Schrader explained that he is working with the current third party
administrator to correct the areas of deficiency. He explained that if we were to go out for RFP the proposals
would come back about $47,500 and higher.
Mr. Willcox asked Mr. Schrader if he felt this was a bargain.
Mr. Schrader stated that yes it was a bargain and added that the County
has a good relationship with McNeil and they are right down the street.
Mr. Schrader discussed the County having other insurance with McNeil
and this contributing to the price we are receiving for them to administer the
County’s Worker’s Compensation/Self-Insurance Program.
All members voting in favor; none opposed, resolution adopted.
DISCUSSION:
1.
Occupancy Tax – Mr. Troy
inquired about a resolution being completed regarding the Occupancy Tax and
the Visitors and Convention Bureau. Mr.
Schrader explained that the resolution is usually done at the regular
Legislative Session in January along with the authorization for the agreement.
Mr. Troy stated that Mr. Dempsey was here if anyone had any questions
for him.
2.
Audit Services – Mr. Tagliente stated that Mr. Schrader provided everyone with an Audit
Report and added that he hopes Mr. Williams is satisfied with this.
Mr. Van Dee stated that overall this shows we are saving money.
Mr. Van Dee
adjourned the meeting at 8:01 am.