October
18, 2007 at 7:30 am
DRAFT
MINUTES
Members: Ron Van Dee, Chairman; John Troy, Vice Chairman; Sean Clark, John Daniels, Danny Ross, Dan Tagliente and Newell Willcox
Others Present: Marilyn Brown, Chairman, County Legislature; Scott Schrader, County Administrator; John Steger, Legislator; Kay Breed, Legislator; Richard C. Van Donsel, County Attorney; Katrina Spicer, Secretary to Administration; Don Ferris, County Treasurer; Carolyn Kennedy, Deputy County Treasurer; Corey Preston, Cortland Standard; Eric Mulvihill, WXHC; and Jim Dempsey, Cortland County Convention and Visitors Bureau; and John Carroll
Absent:
Mr. Van Dee called the meeting to order at 7:30 a.m.
Mr. Troy moved adoption of the
minutes of the September 20, 2007 meeting; seconded by Mr. Clark.
All members present voted in
favor; none opposed; minutes approved as printed.
BUDGET & FINANCE COMMITTEE RESOLUTIONS:
1.
Amend 2007 Budget, Liability Insurance – Mr. Daniels moved adoption;
seconded by Mr. Troy. No
discussion occurred regarding this resolution.
All members voting in favor; none opposed, resolution adopted.
2.
Authorizing Issuance of up to $2,000,000 Serial Bonds – TC3 – Mr.
Daniels moved adoption; seconded by Mr. Troy.
Mr. Willcox inquired as to what the interest rate would be.
Mr. Schrader expressed that it has not been established yet but it
would likely be about 4%. All
members voting in favor; none opposed, resolution adopted.
Mr. Van Dee introduced the Consent Agenda, Items 3 through 12, and asked if there were any items to be pulled for discussion.
Mr. Willcox requested that Consent Agenda Item Nos. 3, 4, 6 and 10 be removed and acted upon separately.
Mr. Troy moved adoption of the Consent Agenda with the exception of Agenda Item Nos. 3, 4, 6 and 10, which were removed at the request of Mr. Willcox, to be acted upon separately; seconded by Mr. Clark.
CONSENT AGENDA
Referred from General
Services Committee: None
Referred from Health
Committee:
3.
Authorize Agreement/Accept Funds Health Administration Special Pedestrian
Traffic Grant - Removed to be acted
upon separately
4.
Authorize Agreement/Accept Funds Health Administration Traffic Safety and
Injury Prevention Program - Removed to
be acted upon separately
5.
Authorize Agreements/Accept Funds Health Department/Administration/Special
Programs Breast & Cervical Cancer Early Detection Program
6.
Amend Budget Transfer Funds Health
Department, Children with Special Needs Division
Removed to be acted upon separately
7.
Amend Budget Mental Health Department (NYS Office of Mental
Retardation/Developmental Disabilities)
Referred from Highway
Committee: None
Referred from Human
Services Committee: None
Referred from Judiciary
& Public Safety Committee:
8.
Amend 2007 Budget (Cincinnatus UHF
Satellite Tower) Fire & Emergency Management
Referred from Personnel
Committee:
9.
Authorize Contract, County Clerk’s Office/Document Management System
10.
Award Proposal/ Authorize Agreement Third Party Administration/ Cortland
County Health Insurance - Removed to be acted upon separately
Referred from
Agriculture/Planning/Environment Committee: None
11.
Amend 2007 Budget Planning Department (5311 STOA Program)
12.
Amend 2007 Budget Planning Department (5311 Operating Assistance)
All members voted in favor; none opposed; consent agenda adopted.
NON-CONSENT AGENDA
Referred
from Health Committee:
3.
Authorize Agreement/Accept Funds Health Administration Special Pedestrian
Traffic Grant - Mr. Troy moved adoption; seconded by Mr. Daniels.
Mr. Willcox addressed his concerns regarding grants for Pedestrian
Safety on Tompkins Street. He
stated that the other evening there were five individuals running five abreast
on Tompkins Street creating a distraction to drivers.
He further discussed taking accountability for the money of the
taxpayers. Mr. Willcox also
discussed jaywalking on Tompkins Street and not being able to issue tickets
for this infraction of the law. Mr.
Van Donsel stated that Mr. Willcox had requested that he look into the ability
to issue tickets in regards to jaywalking.
Mr. Van Donsel stated that he has discussed this with Sheriff Price and
they are stilling looking into matters in which this can be addressed and take
care of the unsafe conditions on Tompkins Street.
All members voting in favor; none opposed, resolution adopted.
4.
Authorize Agreement/Accept Funds Health Administration Traffic Safety and
Injury Prevention Program - Mr. Troy moved adoption; seconded by
Mr. Daniels. Mr. Willcox stated
that his concerns were the same as for the previous resolution.
All members voting in favor; none opposed, resolution adopted.
6.
Amend Budget Transfer Funds Health
Department, Children with Special Needs Division
- Mr. Troy moved adoption; seconded by Mr. Clark.
Mr. Willcox inquired as to the age of the children that receive Pre-K
tuition. Mr. Schrader explained
it is ages 1 to 3. Mr. Clark
explained that there were more children than anticipated in the program this
year. Mr. Willcox inquired as to
what type of services are offered in this program.
Mr. Schrader and Mr. Clark explained that speech therapy, physical
therapy and occupational therapy are among the services provided in this
program. All members voting in
favor; none opposed, resolution adopted.
Referred from Personnel Committee:
10.
Award Proposal/ Authorize Agreement Third Party Administration/
Cortland County Health Insurance - Mr. Troy moved adoption; seconded by
Mr. Daniels. Mr. Willcox inquired
if this was status quo. Mr. Schrader agreed that it was.
Mr. Daniels addressed his concerns regarding an increase in insurance
premiums for employees and if there will be a raise in their salary to cover
this increase in insurance premiums. Mr.
Schrader stated that everyone should see an increase and no one should see a
decrease because of it. Committee
members discussed the possible percentage of increases for a family plan and
individual plans. All members
voting in favor; none opposed, resolution adopted.
DISCUSSION:
1. 2008 County Budget – Mr. Schrader expressed that there are no substantial surprises for the Departments that fall under this Committee’s jurisdiction. He went on to explain that the latest Sales Tax report shows that we will be coming in over budget in regards to the Sales Tax. Mr. Schrader cautioned the Committee in regards to this. He stated that this recent report shows an increase of $600,000. He also stated that the Treasurer’s Office inquired further about this increase in Sales Tax funds from New York State. He added that they were told that there is a state trend of increase in sales tax across the board. Mr. Schrader also discussed his concerns with the State of New York correcting this overpayment next year. Mr. Van Dee inquired about when the Tentative Budget would be available. Mr. Schrader explained that it would be released on October 25, 2007. Mr. Schrader further discussed there only being two issues in regards to the budget overall. He stated that the first is wages and health insurance and further stated that the second was the budget of Highway Department.
2. Occupancy Tax Distribution – Mr. Dempsey provided each Committee member with a memo regarding the Occupancy Tax Allocation Committee’s recommendation for 2008. Mr. Dempsey explained that this document is the results of the committee’s recommendation regarding the 2008 requests. He added that the Hotel owners discussed the occupancy tax increasing next year and addedthese recommendations are subject to Budget & Finance Committee review. Mr. Van Dee inquired about the 1890 House not receiving funds from the occupancy tax in 2008. Mr. Dempsey explained that he did not receive an application from them and added that he inquired two different times about the application with two different people from the 1890 House. Committee members discussed the 1890 House receiving $7,500 in past years. Chairman Brown inquired why the Village of Homer Music Series was receiving $5,800 after they have only requested $5,000. Mr. Dempsey expressed that there was an error in this and stated that the last two columns of the last three rows have been reversed. He apologized for this error. Mr. Van Dee inquired about how much occupancy tax was in the account for this year. Mr. Schrader explained that there is approximately $355,000 and $20,000 in reserve. Mr. Dempsey stated that he estimated an increase. Mr. Van Dee inquired about what he would do if an increase were not received. Mr. Willcox inquired about what type of priority is put on these requests. Mr. Dempsey explained that if the event has a higher chance of the attendees staying overnight then it is given a higher priority. Mr. Van Dee addressed his concerns with the increase in the amount budgeted for, 14% higher than last year and added that this is without the 1890 House being allocated any funds. Mr. Tagliente and Mr. Van Dee expressed that the 1890 House will need the money. Mr. Van Dee expressed that this money is to come from the occupancy tax not from the general fund. He added that he does not want the taxpayers to shoulder these costs. Mr. Daniels inquired about what the money in new events is used for. Mr. Dempsey explained that the funds are used for new events that come up. Mr. Van Dee inquired as to what would happen if the 1890 House turns in their application, where would the funds come from. Mr. Tagliente inquired if each of the other recipients would be cut to make up the difference. Mr. Clark expressed his concerns with the other recipients being cut during the eleventh hour when they have planned on and budgeted a set amount as indicated here. Committee members discussed the recommendations. Mr. Van Dee requested that Mr. Dempsey contact the 1890 House for their application and return with revised figures. He also expressed to Mr. Dempsey that his estimated figure of $400,000 was too high and asked the revised figures target $355,000. Mr. Dempsey agreed to adhere to the Committee’s request and return to the Committee with new information.
3. Election Commissioners Lawsuit – Mr. Schrader explained that the decision and implementation of the lawsuit was discussed at the Personnel Committee meeting. He added that he recommends that the Legislature wait until the period of appeal expires to address the judge’s order. Mr. Daniels inquired if Mr. Schrader was talking about their salary and retroactive pay. Mr. Schrader explained that the order does not address any retroactive pay; he is referring to the implementation of the new salary. Mr. Schrader discussed the Election Commissioners having the option to appeal. He stated that he has not had any conversations with Legislators regarding the County appealing the decision. Committee members discussed the period of appeal being 30 days from the date the decision was served. Mr. Schrader expressed that he has invited Mr. Gates to Legislative Session on October 25, 2007. He expressed that Mr. Gates could tell the Legislature the exact expiration date to file an appeal. Committee members discussed the any necessary action would need approval by the entire Legislature. Ms. Breed inquired if a motion can be prepared in case the Legislature decides to take that action. Mr. Schrader explained that it is not necessary because the document can be prepared quickly. Mr. Van Donsel explained that a Notice of Appeal could be prepared quickly. He added that this is the normal process in litigation and is done regularly.
4. Appraisal – 13-15 Elm Street Property – Mr. Van Donsel explained to the Committee the current status of the property being acquired through eminent domain at 13-15 Elm Street, Cortland. Mr. Van Donsel explained that currently the County is going through the appraisal process and that he has discussed having Chris Bollinger do the appraisal. Mr. Van Donsel explained that the appraiser hired would need to prepare a formal eminent domain appraisal. He added that Mr. Bollinger is prepared to do this and he would charge $2,000. Mr. Van Donsel explained further that he also contacted two local assessors, Mr. Tupper and Mr. Briggs. Mr. Van Donsel explained that Mr. Tupper has not returned a proposal yet. He added that Mr. Briggs would charge $1,500. Mr. Van Donsel cautioned the Committee that Mr. Briggs has had a connection with this property in his capacity as City of Cortland Assessor. Mr. Van Donsel discussed the court appearance of the person doing the assessment. He explained that Mr. Bollinger is an independent assessor with lack of challenge and Mr. Briggs would have a connection in regards to the City of Cortland. Mr. Van Donsel inquired as to the direction the Committee would like to go. Mr. Willcox inquired if Mr. Briggs would gain financially from this? Mr. Van Donsel stated that he would receive the fee he charges, $1,500. Committee members discussed proceeding with this. Mr. Van Dee, Mr. Troy, Mr. Clark, Mr. Daniels and Mr. Ross were in favor of proceeding with the appraisal by Mr. Bollinger. Mr. Tagliente and Mr. Willcox were opposed to this action. The consensus of the Budget & Finance Committee is to proceed with Mr. Bollinger as the assessor for this property.
Mr. Troy made a motion to go into Executive Session to discuss a litigation matter; seconded by Mr. Clark. Mr. Willcox inquired as to why the Budget & Finance Committee needed to go into Executive Session. Mr. Van Donsel explained that he wanted to update the Committee and discuss a litigation matter. Mr. Van Dee, Mr. Troy, Mr. Clark, Mr. Daniels, Mr. Ross and Mr. Tagliente voted in favor; Mr. Willcox was opposed; motion carried and the Budget & Finance Committee went into Executive Session to discuss a litigation matter at 8:07 a.m.
The Budget & Finance Committee returned from Executive Session at 8:24 a.m. with nothing to report. Mr. Van Dee adjourned the meeting immediately following Executive Session, at 8:24 a.m.