July
19, 2007 at 7:30 am
CORRECTED
DRAFT MINUTES
Members: Ron Van Dee, Chairman; John Troy, Vice Chairman; Danny Ross, Dan Tagliente and Newell Willcox
Others Present: Marilyn Brown, Chairman of the Legislature; Carol Tytler, Legislator; Kay Breed, Legislator; Richard C. Van Donsel, County Attorney; Katrina Spicer, Secretary to Administration; Don Ferris, County Treasurer; Carolyn Kennedy, Deputy County Treasurer; Jackie Gailor, Director of Public Health; Annette Barber, Personnel Officer; Bob Duell, Director of Fire & Emergency Management; Dennis Whitt, County Auditor; Don Chambers, Superintendent of Highways; Bob Buerkle, Deputy Superintendent of Highways; Dave Hicks, Highway Department; Sheriff Lee Price, Sheriff’s Department; Under Sheriff Herbert Barnhart, Sheriff’s Department; Corey Preston, Cortland Standard; Eric Mulvihill, WXHC; John Carroll, Mary Clare Penello and Sandra Aloi
Absent:
Sean Clark and John Daniels
Mr. Van Dee called the meeting to order at 7:32 a.m.
Mr. Troy moved adoption of the
minutes of the June 21, 2007 meeting; seconded by Mr. Ross.
All members present voted in
favor; none opposed; minutes approved as printed.
BUDGET & FINANCE COMMITTEE RESOLUTIONS: None
Mr. Van Dee suggested to the Committee not to have a consent agenda due to the fact there were only twelve items on the agenda total. No objections were made from other Committee Members.
Referred from Health
Committee:
1. Authorize Agreement Cortland County Health Department/Nursing Division McBee Associates – Mr. Troy moved adoption; seconded by Mr. Ross. No Committee discussion occurred in regards to this resolution. All members present voting in favor; none opposed; resolution adopted.
2. Amend Budget Mental Health Department (NYS Office of Mental Retardation/Developmental Disabilities) – Mr. Troy moved adoption; seconded by Mr. Tagliente. No Committee discussion occurred in regards to this resolution. All members present voting in favor; none opposed; resolution adopted.
Referred from Highway
Committee:
3. Resolution Approving Project and Authorizing Acceptance of Grant Agreement with the Federal Aviation Administration and New York State Department of Transportation for Improvement Project at Cortland County Airport – Mr. Ross moved adoption; seconded by Mr. Troy. Mr. Van Donsel inquired about the phrase “Construction Contract Agreements” in the second to last RESOLVED portion of the resolution. He asked if there would be separate resolutions pertaining to the construction agreements. Mr. Buerkle answered, yes. Mr. Van Donsel recommended striking that phrase from the resolution so that there would be no confusion. Mr. Buerkle expressed that the grant covers the engineering of the project. Mr. Troy made a motion to amend the resolution, as suggested by Mr. Van Donsel, to strike the phrase “Construction Contract Agreements,” seconded by Mr. Ross. All members present voting in favor to amend the resolution; none opposed; resolution amended. All members present voting in favor; none opposed; resolution adopted as amended.
4. Amend Budget/Transfer Funds – Mr. Troy moved adoption; seconded by Mr. Van Dee. Mr. Willcox requested an explanation in regards to this resolution. Mr. Chambers explained the gas bills are split into six bills for the year and added that he only received two of the six bills last year. He explained that bills are submitted to the County Administrator from New York State Municipal Electric Company (NYSMEC) and then the County Administrator distributes them to the appropriate departments. He further discussed there being issues last year with NYSMEC and bills not being paid in 2006. Committee Members expressed that there were issues with NYSMEC in relation to their billing process and bills were not received last year. Mr. Chambers explained the process involved in payment of these bills and added that he had spoken with the County Administrator in regards to this. Mr. Whitt added that the County has identified what is owed to NYSMEC and further discussed these accounts being used as leverage to resolve these issues. He added that this is part of the reason we are currently looking for a new natural gas provider. All members present voting in favor; none opposed; resolution adopted.
5. Soil & Water Conservation District River Clean-Up Highway Department/Landfill – Mr. Troy moved adoption; seconded by Mr. Ross. No Committee discussion occurred in regards to this resolution. All members present voting in favor; none opposed; resolution adopted.
Referred from Human
Services Committee:
6. Authorize Agreement Employment and Training Department And The New York State Department of Labor – Mr. Troy moved adoption; seconded by Mr. Tagliente. No Committee discussion occurred in regards to this resolution. All members present voting in favor; none opposed; resolution adopted.
Referred from Judiciary
& Public Safety Committee:
7. Authorize Agreement Fire & Emergency Management Satellite UHF Site, Harford – Mr. Ross moved adoption; seconded by Mr. Troy. No Committee discussion occurred in regards to this resolution. All members present voting in favor; none opposed; resolution adopted.
8. Authorize Agreement Fire & Emergency Management Satellite UHF Site, Cincinnatus - Mr. Ross moved adoption; seconded by Mr. Troy. No Committee discussion occurred in regards to this resolution. All members present voting in favor; none opposed; resolution adopted.
9. Transfer Equipment/Accept Offer Sheriff's Department (Schuyler County) – Mr. Troy moved adoption; seconded by Mr. Tagliente. Mr. Willcox expressed that he was upset when he read how much these vehicles were being sold for. He also expressed that he believed the prices were a bit thin so he called a used car dealer and inquired further about the value of these vehicles. He discussed receiving information from the used car dealer; 2001 Ford Crown Victoria with 140,000 miles selling for $2,000 to $3,000. Mr. Willcox further stated that this peaked his interest and he decided to come and view the vehicles for himself. He discussed that when he did come to view the vehicles he discovered that they have already been sent to Schuyler County. Sheriff Price claimed that he would take the blame for this and explained why the cars were physically in Watkins Glen. He explained that every year the Cortland County Sheriff’s Department sends Deputy Sheriff to Watkins Glen to assist at the racetrack. He explained that the Schuyler County Sheriff declares a Specialized State of Emergency, which allows our Deputy Sheriff to assist at Watkins Glen Race Track. Sheriff Price stated that due to a request made by Mr. Willcox in the past, he looked into a different way of selling used vehicles to attempt to recoup more for the used patrol cars. He explained that this was why he looked into Schuyler County purchasing these vehicles. He further explained that since they showed an interest he had Cortland County Deputy Sheriff going to Watkins Glen to assist with the races take the vehicles to Watkins Glen instead of utilizing the cars that would be used for standard patrolling. He added that at the same time this would allow Schuyler County Sheriff’s Department an opportunity to look at the cars. He went on to explain that if this did not pass the full Legislature then he had planned on bringing them back after a race to be held August 11 and 12, 2007. Sheriff Price offered to bring the vehicles back earlier is this was the desire of the Legislature. Additionally, he offered to take anyone who wished to Watkins Glen to view the vehicles. Sheriff Price expressed that his only intention was to do what was best for the taxpayers. He expressed that if what he had done was wrong, he was deeply sorry. Committee members discussed Mr. Willcox driving to Watkins Glen to inspect the vehicles instead of driving them back to Cortland County. Chairman Brown suggested that Mr. Willcox should have spoken with Sheriff Price about this ahead of time. Mr. Willcox did express that he had spoken with Mr. Van Donsel in regards to this. Chairman Brown again suggested that Mr. Willcox should have spoken with Sheriff Price. Mr. Willcox expressed that he was not calling anybody a liar but he had spoken with Northeast Auctions about sending these five vehicles to their auction. He added that the County may or may not gain any money. He added that it is hard to say because the vehicles are not here to look at. Ms. Breed expressed that she is in agreement with Mr. Willcox and the cars are gone and cannot be looked at. Committee members strongly disagreed with the statement that the cars are gone and added that there has not been any title transfer on any of the vehicles. Mr. Willcox expressed that just to be safe, he would like to see the vehicles brought back to Cortland County. Sheriff Price expressed that he could make the arrangements to have the vehicles brought back. Sheriff Price expressed the County may or may not receive more for the vehicles and added that he had just looked at the past practice and was attempting to gain as much as possible for the used vehicles. Mr. Hicks explained that in 2005 seven used Sheriff’s Department vehicles were sold at the Lansing Auction for the following prices:
1995 Chevy, Caprice $425
1999 Ford, Crown Vic $250
2000 Ford, Crown Vic $ 50
2000 Ford, Crown Vic $ 85
2000 Ford, Crown Vic $300
1999 Ford, Crown Vic $450
2000 Ford, Crown Vic $150
Mr. Hicks
further explained that these vehicles are not in good shape and this is what
is looked for at an auction. He
discussed some specific issues and problems that these vehicles have including
bad motors and transmission problems. He
went on to explain that these cars are not regular cars and are costly to
repair. Mr. Hicks explained that
these vehicles in good condition could likely bring about $2,500 to $3,000 at
an auction. He added that in the
condition they are in the price would likely be between $400 and $500 at an
auction. Sheriff Price explained
that the funds received from these sales do not go into his department’s
budget. He added that he receives
nothing from these sales. Sheriff
Price simply stated to Mr. Willcox that Mr. Willcox had suggested looking into
a more profitable way to do this and that is what he was trying to do. Mr. Tagliente suggested that Mr. Willcox go to Watkins Glena
and view the vehicles there. Mr.
Ross expressed that the cars should not have left Cortland County.
Sheriff Price expressed that he will make arrangements to have the
vehicles returned to Cortland County after the race on August 11 and 12, 2007.
Mr. Willcox expressed that the vehicles would be made to look as poor
as they could look. Mr. Van Dee
expressed that he disagreed with Mr. Willcox statement.
Mr. Van Dee announced that he was putting this to a vote.
Chairman Brown, Mr. Van Dee and Mr. Tagliente were in favor; Mr.
Troy, Mr. Ross and Mr. Willcox were opposed; resolution failed.
Sheriff Price expressed that he would bring the vehicles back to Cortland County.
Chairman Brown and Mr. Van Dee cautioned Sheriff Price and requested that he wait until after Legislative Session. They added that this resolution would still go to the floor of the full Legislature because it had passed Judiciary and Public Safety Committee.
10. Create Paralegal Assistant Office of Conflict Attorney – Mr. Ross moved adoption; seconded by Mr. Troy. Mr. Willcox inquired about all the money involved in establishing the Conflict Attorney’s Office. Mr. Whitt explained that the money is coming from the Conflict Attorney budget. Mr. Willcox further inquired about how much this position is actually costing. Ms. Breed stated that all these costs related to the Office of the Conflict Attorney should have been presented all at once (i.e. Conflict Attorney salary, Paralegal salary, Secretary salary). Chairman Brown explained that the specific needs and desires of the Conflict Attorney could not be established until an individual was appointed to that position. Chairman Brown explained that the total budget for the Conflict Attorney is $103,000 and this is included in that budget. Mr. Van Dee expressed that the other alternative was to have the Conflict Attorney do the secretarial work himself and he expressed that he did not think this was a good idea. Chairman Brown, Mr. Van Dee, Mr. Troy, Mr. Ross and Mr. Tagliente were in favor; Mr. Willcox was opposed; resolution adopted.
11. Accept Grants/Authorize Agreements District Attorney (Aid to Prosecution-DCJS) – Mr. Troy moved adoption; seconded by Mr. Tagliente. No Committee discussion occurred in regards to this resolution. All members present voting in favor; none opposed; resolution adopted
Referred from Personnel Committee:
12. Authorize Agreement Worker’s Compensation Administrative Audit – Mr. Tagliente moved adoption; seconded by Mr. Troy. Mr. Willcox inquired as why the County Auditor could not do this audit. Mr. Whitt explained the need for this to be conducted by an independent auditor. Mr. Willcox further inquired as to who would challenge this audit. Mr. Tagliente stated that the State could. Mr. Whitt further discussed his involvement with Worker’s Compensation and the need for an audit with an independent auditor who has the expertise and specializes in Worker’s Compensation. Mr. Willcox inquired about funds set aside for unresolved claims. Mr. Whitt explained what this resolution specifically authorizes and expressed that Mr. Schrader and he himself both recommend this. Mr. Whitt added that this type of audit is done in many places and added some places do this on annual basis. Mr. Willcox went on to inquire about how long after the $5,000 is paid would the County have the results. Mr. Whitt expressed that the results should be back around September/October time frame. All members present voting in favor; none opposed; resolution adopted.
DISCUSSION/REPORTS:
1. Authorization for Chairman to execute Satisfaction of Mortgage, property at 17 Stewart Place, City of Cortland – (pulled at the June 26, 2007 Legislative Session) – Mr. Van Donsel explained that he had passed the concerns of the Legislators on to Chairman Brown. Chairman Brown explained that she has not addressed the concerns with Mr. Knickerbocker in regards to this. She added that Ms. Monroe has sent all Legislators information regarding this and currently a new appraisal is being sought. Mr. Van Dee expressed that he wants this to go to the floor for a vote and added that they have had plenty of time to look into this. Mr. Van Dee further stated that this was addressed with Mr. Schrader six months ago. He added that Mr. Schrader is not here today because he is on vacation and the Committee does not know the current status of this. Chairman Brown stated that State and Federal issues are in need of being addressed. Mr. Van Dee stated that he was not going to pull this from consideration by the full Legislature again. Ms. Aloi stated that she does own the property and that she would like to be notified when a County employee plans to go on the property. She stated that recently two employees were on the property. She requested that she be notified or her attorney be notified. Chairman Brown asked her if she owned the property. Ms. Aloi explained that she had a purchase offer in on the property and that she maintains the property. Chairman Brown informed Ms. Aloi and other Committee members that Ms. Aloi is not the owner of the property.
SUGGESTED LEGISLATIVE REVIEW:
No items have been noted for suggested Legislative
Review
Mr. Van Dee adjourned the meeting at 8:07 a.m.