Approved
Minutes
Legislative
Session August 23, 2007 - 6 PM Meeting
Meeting was called to order at 6:07 PM by Chairman Brown, followed by the Salute to the Flag.
The Clerk took Roll Call with all members recorded as present except Mr. Clark recorded absent.
The minutes of July 26, 2007 Legislative Meeting were unanimously approved.
PRIVILEGE OF THE FLOOR
Ms. Kathie Wilcox, 62 Church Street, Cortland, New York returned to speak to Agenda No. 1. She outlined the information that has been presented to the Health and Budget and Finance Committees this past month and the improprieties of the alleged owner and encouraged legislators to vote no to bring this matter to a close. She urged legislators to investigate through the NYS Attorney General Office the deliberate devaluation of the estate and the conduct as well as urging for the removal of the Chairman of Budget and Finance for his total disregard of the public trust. She added that the Bar Association should also look into the conduct of Mary Leonard who represented the estate and her relationship with the County Attorney. The full text of her presentation was distributed to legislators.
Mr. Larry Knickerbocker, attorney assigned by the County Attorney due to a conflict, gave a brief summary of his findings to legislators. He said that Clifford Lowell, property owner of 17 Stewart Place, died on August 12, 1985. His widow, daughter and two stepchildren survived him. The property never transferred out of the Lowell estate. On July 26, 2000, his widow Verna Lowell, who resided at the residence, signed a power of attorney to Mary Helmer, which was recorded on March 5, 2001. Mary Helmer signed a mortgage on August 8, 2001 to the Department of Social Services, which was recorded on August 17, 2001. Verna Lowell died on January 9, 2003. DSS provided services to Ms. Lowell to 2003. The issue now becomes does the mortgage signed by Verna Lowell become adequate because the property was never transferred to her. There were two estates filed but never perfected (Clifford Lowell and Verna Lowell). To be determined is, did she have a contingent interest in that property raising the issue if the contingency can vest so that a mortgage can be filed. He said he feels that it can, as it could exist. This could lead to the County having to perfect those things by filing petitions of probate for both estates through the County Treasurer’s Office. He stated he has an appraisal stating that the property is worth $50,000. There is $12,000 owed for City taxes. He said it is the obligation of the Department of Social Services, under State and Federal Law to achieve maximum recovery for the lien. Fair market value is determined by putting the property up for sale.
Chairman Brown said that Privilege of the Floor does not allow for questions and asked that Mr. Knickerbocker be available to answer any questions when the agenda item is presented.
PROCLAMATIONS & RECOGNITIONS
PRESENTATION OF PETITIONS, COMMUNICATIONS AND NOTICES
RECEIVE AND FILE REPORTS OF STANDING, SPECIAL AND ADHOC COMMITTEES
Letter of Resignation of Dr. Robert Eberly was received with deep regret and many thanks for his dedicated service on the TC-3 Board.
ARTICLES POSTPONED TO DAY CERTAIN
Mr. VanDee announced that he was pulling Agenda No. 1 Authorization for Chairman to execute Satisfaction of Mortgage Property at 17 Stewart Place, City of Cortland, stating that all he was trying to do was to keep property in the South end fixed up. He said this property has been falling down and has become an eyesore. He made an issue out of it to move the process along. Chairman Brown said that legislators have rules and regulations involving the State and Federal government funds we must adhere to. Mr. Willcox said he had a document dated from 2005 from Contento’s issuing a container that had 5 ton of debris put in it. The bill was made out to Sandy Aloi. He questioned how we went from $47,000 to $15,000. Mr. Williams asked what the process would be now. Mr. VanDee said it has been pulled. Mr. Williams made a motion to discharge Budget and Finance and vote on this as a committee as a whole, second made by Mr. Ross. Ms. Tytler asked for clarification on the motion proposed. Chairman Brown said that the item has been pulled and cannot come back to the floor again according to our rules, so this serves no purpose. Ms. Tytler asked why we don’t just follow the process we have always followed. Ms. Price said it was the consensus of the Human Services Committee to let this follow the policy set for all Social Services property liens. Chairman Brown said that if this had not been presented it would have taken that course. A roll call vote was taken with Mr. Armstrong, Ms. Breed, Mr. Cornell, Mr. Ross, Mr. Steger, Mr. Willcox and Mr. Williams voting aye and Mr. Dafoe, Mr. Daniels, Mr. Hartnett, Mr. McKee, Ms. Price, Mr. Spaulding, Mr. Tagliente, Mr. Troy, Ms. Tytler, Mr. VanDee, Ms. Brown voting nay. Motion failed.
RESOLUTIONS
On motion of Mr. VanDee, second by Mr.
Troy and all members voting aye
Agenda No. 2 became Resolution No. 252-07
Designate Tourism Promotion Agency Finger
Lakes Tourism, Inc.
On motion of Mr. VanDee, second by Mr.
Spaulding and all members voting aye
Agenda No. 3 became Resolution No. 253-07
Amend Agreement Real Property Tax Services Systems Development Group, Inc.
On motion of Mr. Dafoe, second by Mr.
Hartnett Agenda No. 4 was introduced. Ms. Tytler said that there was
discussion on the last vote for the generator on the noise level and its
impact on the neighborhood and asked if that issue has been addressed. Mr.
Schrader said we are extending the exhaust over the roofline of the County
Office Building where we will be able to dissipate more noise than originally
anticipated.
Adopted by all members voting aye Agenda
No. 4 became Resolution No. 254-07
Award Bid for Emergency Generator for County Office Building.
On motion of Mr. Dafoe, second by Ms.
Price and all members voting aye,
Agenda
No. 5 became Resolution No.
255-07
Authorize
Agreement Information Technology
(All-Mode Communications, Inc.).
On motion of Ms. Price, second by Mr. Troy
and all members voting aye,
Agenda
No. 6 became Resolution No. 256-07 Authorize Agreement/Accept Funds Health Department/Children with Special
Needs (Children With Special Health Care Needs Grant).
On motion of Ms. Price, second by Ms.
Breed Agenda No. 7 was introduced. Ms. Price asked that Jackie Gailor, Public
Health Director explain this program to legislators. Ms. Gailor said that this
grant provides screening for breast, cervical, prostrate and colon cancer and
also education for preventative measures a person can take. It is for the
uninsured and underinsured. If a problem is detected there is money to cover
some of the treatments. Adopted
by all members voting aye, Agenda No. 7 became Resolution No. 257-07
Authorize Agreement/Accept Funds Health Department/Administration/Special
Programs (Cancer Services Program).
On motion of Ms. Price, second by Mr.
Cornell Agenda No. 8 was introduced. Ms. Breed said this is her standard
question; did we get a quote from anyone else other than McNeilly. Mr.
Schrader answered no. Mr. Williams said in his research of our using
independent auditors he discovered there were some assurances that we would at
least look at RFP’s. Mr. Schrader said we explored that with Budget and
Finance about a year ago and the committee rejected it and extended McNeilly’s
contract. Adopted by all members voting aye except Ms. Breed, Mr. Willcox and
Mr. Williams voting nay, Agenda No. 8 became Resolution No. 258-07
Authorize Agreement Mental Health Department (Richard McNeilly, CPA).
On motion of Mr. Tagliente, second by Mr.
Troy Agenda No. 9 was introduced. Mr. Daniels said he felt this is a fantastic
agreement getting BOCES involved. It is a great program and is an opportunity
for us to save money. Adopted by all members voting aye, Agenda No. 9 became Resolution
No. 259-07 Authorize Agreement for Scale
House Fabrication Highway Department/ Landfill.
On motion of Ms. Price, second by Mr.
Spaulding and all members voting aye,
Agenda No. 10 became Resolution No. 260-07 Amend Budget Area Agency on Aging
(Community Services for the Elderly Program - Services).
On motion of Ms. Price, second by Cornell
and all members voting aye, Agenda No. 11 became Resolution No.261-07
Amend Budget Area Agency on Aging (Expanded In-Home Services for the Elderly
Program - EISEP).
On motion of Ms. Price, second by Cornell
Agenda No. 12 was introduced. Ms. Price asked Mr. Schrader to explain the
reasons to opt out of the Medicaid Sales Tax Intercept. Mr. Schrader said when
the state divided the soft cap with Medicaid there was a 3% ceiling. The
interception would allow the state to take a percentage of our sales tax prior
to distribution to cover the local share of Medicaid. The theory being that
any increase in sales tax would cover the obligation of Medicaid over time. A
cost analysis by the Attorney Generals Office analyzed the difference between
the 3% increase versus historical trends in sales tax and issued guidance to
counties whether to operate around the intercept. Based upon those figures it
is not in our best interest to opt in to the intercept, as changes in sales
tax will increase. Further, because the intercept takes place prior to
distribution, it will hurt our municipalities financially. Ms. Price said that
if we opt in we cannot opt out. Mr. Schrader confirmed that this is a
permanent election. Adopted by all members voting aye, Agenda No. 12 became Resolution
No. 262-07 Resolution Opting Not to
Participate in the Medicaid Sales Tax Intercept.
On motion of Mr. Daniels, second by Mr.
Troy and all members voting aye,
Agenda No. 13 became Resolution No. 263-07 Authorize Agreement Sheriff's Department (Watch Systems, LLC).
On motion of Mr. Daniels, second by Mr.
Armstrong and all members voting aye,
Agenda No. 14 became Resolution No. 264-07 Authorize Agreement/Accept Funds
Probation Department New York State Division of Probation and Correctional Alternatives (DPCA) (State Aid Funding for 2007).
On motion of Mr. Cornell, second by Mr.
Troy and all members voting aye,
Agenda No. 15 became Resolution No.
265-07
Accept LGRMIF/Amend Budget County Clerk Project Number 0580-08-8421.
On motion of Mr. Cornell, second by Mr.
Hartnett and all members voting aye,
Agenda No. 16 became Resolution No.
266-07 Accept LGRMIF/Amend Budget County
Historian Records Center Inventory
Project.
On motion of Mr. Ross, second by Mr.
Cornell and all members voting aye,
Agenda No. 17 became Resolution No. 267-07 Supporting an application for State Assistance Payments Under the New York State Bond Act to Purchase Development Rights on the Michael and Peter McMahon farm, Town of Homer, Cortland County
Cortland County Planning Department.
On motion of Mr. Ross, second by Mr.
Armstrong and all members voting aye,
Agenda No. 18 became Resolution No. 268-07 Supporting an application for State Assistance Payments Under the New York State Bond Act to Purchase Development Rights on the Douglas Riehlman farm, Town of Preble, Cortland County Cortland County Planning Department.
On motion of Mr. Ross, second by Ms. Price
and all members voting aye,
Agenda No. 19 became Resolution No. 269-07 Supporting an application for State Assistance Payments Under the New York State Bond Act to Purchase Development Rights on the William and Jeanne Underwood farm, Town of Preble, Cortland County
Cortland County Planning Department.
On motion of Mr. Ross, second by Mr.
Spaulding Agenda No. 20 was introduced. Mr. Ross explained that this is a
study to help meet Cortland County citizen needs related to public
transportation. Adopted by all members voting aye, Agenda No. 20 became
Resolution No. 270-07 Accept Grant/Amend 2007
Budget New York State Department of Transportation - Rural Transportation
Assistance Program Cortland County
Planning Department.
Chairman Brown made motion to suspend the rules to introduce a resolution to address Conflict Attorney issues that occurred this past week, second by Mr. Tagliente. The Clerk read the resolution Authorize Engagement of Legal Counsel to Enforce Local Law No. 1 of 2006 Creation of the Office of Conflict Attorney for Indigent Defense. Chairman Brown stated that this has no reflection on the abilities of Mr. VanDonsel. They are related to issues of local judges and memberships in the County Bar Association. Chairman Brown said she wanted to give legislators an opportunity to vote on the issue. Mr. VanDee asked the County Attorney if he is confident that he can handle this matter. Mr. VanDonsel replied yes. Ms. Breed asked for clarification on the motion. Chairman Brown said this is intended to seek counsel outside of the county instead of the County Attorney due to his membership in the Bar Association. Mr. Tagliente asked how many other counties have conflict attorneys. Chairman Brown answered 16. Mr. Williams asked if this motion is defeated do we not go outside to seek counsel. Mr. Schrader explained that a motion, second and vote of the legislature would be required to initiate a lawsuit against the two judges. The County Attorney has the inherent authority to defend the county but does not have the authority to engage in legal action as an aggressor unless the legislature authorizes an action to move forward. If there was a challenge made to our local law he would have authority to act but in order to engage he needs legislative approval. Mr. Willcox inquired to the cost to settle the problem between attorneys. Mr. Schrader said about $25,000 however it all depends how much legal research is required and time required in front of the judge. He said we don’t even have a judge to hear this. Mr. VanDonsel countered that there is always a judge. Mr. Schrader said one has not been assigned. Mr. Willcox asked if there is any other entity to appeal to in order to avoid this cost. Mr. Schrader answered no. Ms. Breed questioned why spend $25,000 when we already have an attorney. Roll call vote was taken with Mr. Cornell, Mr. Dafoe, Mr. Hartnett, Mr. Ross, Mr. Steger, Mr. Tagliente, Ms. Brown voting aye and Mr. Armstrong, Ms. Breed, Mr. Daniels, Mr. McKee, Ms. Price, Mr. Spaulding, Mr. Troy, Ms. Tytler, Mr. VanDee, Mr. Willcox, Mr. Williams voting nay. Motion failed the required 2/3 votes.
Chairman Brown asked if it is the direction of the legislature for Mr. VanDonsel to move forward on the Conflict Attorney issue. Mr. VanDee said that he is our attorney. Mr. VanDonsel said he needs to talk to Mr. Dayton and Mr. Miller and move forward. Chairman Brown expressed her concern for indigent clients being sent back to the Public Defenders Office. Mr. Schrader said that time is of the essence. We have two attorneys looking for direction. There is a local law that says they have obligations and responsibilities and we have two judges telling them if they proceed they will be in contempt of the court. This needs to be addressed immediately. Mr. VanDonsel agreed and said he will determine how best to proceed and get back to you. Mr. Williams asked how long it would take to bring in an outside attorney. Mr. VanDonsel replied longer. Chairman Brown stated that the reason for the question is to move this forward without having to call special meetings. Mr. VanDonsel said there are two necessary things to do. Determine whether the County join Mr. Dayton’s action and move to whatever judge is assigned to that and/or commence with a separate independent suit and see what judge will be assigned and strategize from there.
Mr. Troy commended the hard work of Danny Ross organizing this weekend Celtic Fest. Mr. Ross said it starts 6 PM Friday night on Main Street and we expect 3 to 4000 people on Saturday and hope everyone will attend.
Ms. Tytler announced the Ad Hoc Committee meeting next Tuesday at 7:30 AM.
Meeting was adjourned at 7:50 PM
Minutes prepared by Susan Morgan, Clerk