Budget & Finance Committee

February 19, 2008 – 8:00 am

DRAFT MINUTES

Present: John Troy, Chairman; Newell Willcox, Vice Chairman; Kathie Arnold, Danny Ross and Tom Williams

Others present: John Daniels, Chairman, County Legislature; Scott Schrader, County Administrator; Kathie Wilcox, Legislator, District 5; Mark Suben, County Attorney; Katrina Spicer, Secretary to County Administration; Pat O’Mara, County Treasurer; Carolyn Kennedy, Deputy Treasurer; Eric Mulvihill, WXHC; and John Carroll

Absent: Sandy Price and Carol Tytler (excused)

Mr. Troy called the meeting to order at 8:01 a.m.

Mr. Williams moved adoption of the minutes of the January 17, 2008 meeting; seconded by Mr. Ross. All members voting in favor; none opposed; minutes approved as printed.

BUDGET AND FINANCE COMMITTEE RESOLUTIONS:

1. Accept Funds Real Property Tax Services CPTAP County Assessing Initiative – Mr. Willcox moved adoption; seconded by Mr. Ross. No discussion occurred regarding this resolution. All members present voting in favor; none opposed; resolution approved.

2. Accept Funds Real Property Tax Services CPTAP County Tax Collection Information Initiative – Mr. Willcox moved adoption; seconded by Ms. Arnold. No discussion occurred regarding this resolution. All members present voting in favor; none opposed; resolution approved.

3. Authorizing the Settlement of Claim – Mr. Willcox moved adoption; seconded by Ms. Arnold. Mr. Troy referred to a letter from Attorney Russ Ruthig, dated September 12, 2007. He stated that the letter requested a settlement amount of approximately $20,000. He further stated that the resolution calls for a settlement of $12,475. Mr. Suben explained that this resolution was on the table in December 2007 for a settlement in the same resolution as the Lissberger settlement. He stated that this had nothing to do with the Lissberger settlement. Additionally, Mr. Suben explained that he has spoken with Mr. Schrader and Mr. Ruthig regarding this settlement. Mr. Suben stated that Mr. Schrader was in favor of it. Mr. Suben explained that items No. 1 (Interest of $90,000 @ 9% per annum for nine months - $6,075), No. 5 (Commission which will have to be paid to re-sell the property - $6,000), and No. 6 (Survey expenses to be incurred on resale - $400) from Mr. Ruthig’s letter are the basis of the settlement amount. He stated that he believes this is a fair settlement and in the county’s interest. Mr. Schrader stated he had no objections to this. Mr. Ross questioned the nine percent interest rate. Mr. Suben explained that this is a judgment interest rate. All members present voting in favor; none opposed; resolution approved.

4. Tax Assessment Challenges Policy - Mr. Willcox moved adoption; seconded by Mr. Williams. Mr. Schrader stated that this resolution stems from the preceding month’s meeting where this committee recommended joining the City of Cortland in two tax assessment challenges. He added that the committee requested he resurrect a draft policy from December 2005 regarding the county’s role in tax assessment challenges. Mr. Schrader stated that with this resolution a policy would be established regarding Cortland County’s participation with municipalities in tax assessment challenges. All members present voting in favor; none opposed; resolution approved.

Mr. Troy introduced the Consent Agenda, Items 5 through 18, and asked if there were any items to be pulled for discussion.

Mr. Troy requested that Consent Agenda Item No. 6 be removed and acted upon separately.

Mr. Willcox requested that Consent Agenda Item No. 8 be removed and acted upon separately.

Mr. Williams moved adoption of the Consent Agenda with the exception of Agenda Item Nos. 6 and 8, which were removed at the request of Mr. Troy and Mr. Willcox, to be acted upon separately; seconded by Mr. Ross.

REFERRED FROM AGRICULTURE/PLANNING/ENVIRONMENT COMMITTEE:

None

REFERRED FROM GENERAL SERVICES:

5. Grant Authority to Charge Fees, Establish Fee Schedule for Examination of Non-commercial Devices, Department of Weights and Measurements

6. Authorize Architectural Design, Department of Motor Vehicles - Removed to be acted upon separately

REFERRED FROM HEALTH COMMITTEE

7. Increase Petty Cash Account, Health Department/Environmental Health

8. Amend Budget, Health Department, Reappropriation of Expenses and Revenues Deferred from Prior Year, 2007 to 2008 - Removed to be acted upon separately

9. Amend Budget, Mental Health, New York State Office of Alcoholism and Substance Abuse Services)

REFERRED FROM HIGHWAY COMMITTEE

10. Award Bid, Highway Equipment – One (1) Motor Grader, Highway Department

11. Award Bid, Highway Department – Transportation and Recycling of Electronic Equipment, Highway Department, Recycling

12. Authorize Amnesty Week, Highway Department

REFERRED FROM HUMAN SERVICES COMMITTEE

13. Area Agency on Aging, Create Temporary Secretary I

REFERRED FROM JUDICIARY & PUBLIC SAFETY COMMITTEE

14. Amend 2008 Budget, Sheriff’s Department (Child Passenger Safety Program)

15. Amend 2008 Budget, Sheriff’s Department (Forfeited Proceeds)

16. Amend 2008 Budget, Sheriff’s Department (Governor’s Traffic Safety Committee – STEP)

17. Authorize Agreement/Amend Budget (Governor’s Traffic Safety Committee – STEP) Sheriff’s Department

REFERRED FROM PERSONNEL COMMITTEE

18. Approve 5% Matching Funds to Access Federal HAVA (Help America Vote Act of 2002) Monies

All members present voting in favor; none opposed; Consent Agenda, with the exception of Agenda Item Nos. 6 and 8, which were removed at the request of Mr. Troy and Mr. Willcox, was approved.

NON-CONSENT AGENDA RESOLUTIONS:

6. Authorize Architectural Design, Department of Motor Vehicles – Mr. Ross moved adoption; seconded by Mr. Williams. Mr. Troy explained that this resolution was authorized at the General Services Committee meeting and includes two separate proposed designs. He further explained that the first design for a 4,000 square foot facility includes the Department of Motor Vehicle Offices solely. He stated further that the 6,000 square foot design is to include the Department of Motor Vehicle Offices and the Board of elections Offices. Ms. Arnold inquired if the second design including the Board of Election Office would have storage space for voting machines. Mr. Troy stated that it likely would but not necessarily. Chairman Daniels discussed using this property for offices and not using prime real estate for storage. He added that the estimated storage space that would be need for these voting machines is between 800 to 1,000 square feet. Chairman Daniels further discussed the possibility of using some of the Wood property for storage. All members present voting in favor; none opposed; resolution approved.

REFERRED FROM HEALTH COMMITTEE

8. Amend Budget, Health Department, Reappropriation of Expenses and Revenues Deferred from Prior Year, 2007 to 2008 – Mr. Willcox moved adoption; seconded by Mr. Ross. Mr. Willcox inquired about line A40105.54060.4002, Tobacco Prevention Professional Services, $82,432 on the resolution. Mr. Schrader stated that he believes the bulk of this is used in regards to advertising by lobbyists for the motion picture association. Mr. Willcox stated that he has issues with accountability. Mr. Willcox questioned line A40105.54012.4003, Traffic Safety Special Supplies, $11,000; line A40105.54083.4003, Traffic Supporting Services, $10,000; and line A40105.54500.4007, Cancer Screening Medical Fees, $45,000. Mr. Schrader stated that he did not know about the first two but would look into it and provide this information to all Legislators prior to Legislative Session. He added that the $45,000 was used for screenings. Mr. Willcox inquired how many people received screenings. Mr. Schrader stated that he would provide that information to the Legislators along with the other information. All members present voting in favor; none opposed; resolution approved.

DISCUSSION ITEMS:

1. County Audit Report – Mr. Schrader stated the Mr. Whitt had planned on being here to report to the committee but something came up this morning, he added the he hopes to be able to make it before the meeting adjourns.

County Law Department – Mr. Williams explained that several suggestions have been made since last fall for the Legislature to look into a County Law Department. He further explained that this had been discussed in Judiciary & Public Safety Committee and added that Mr. Schrader suggested that this come before the Budget & Finance Committee. He discussed a needs assessment being conducted. He added that the assessment should be done by a practicing attorney and suggested that the attorney be local, familiar with the area and Cortland County government. He added, someone with Cortland County experience. Mr. Williams suggested that three items be covered in this needs assessment and they include the following:

Needs Assessment – where different attorneys within the county are used and gain knowledge of each office

Design – based on the knowledge gained from the Needs Assessment, design a County Law Office to embrace those needs.

Implementation – advise the Legislature and County Administration as to the proper way to move forward to implement such a department/office, either by resolution or local law; state what needs to be done to accomplish this

Mr. Williams stated that he has spoken with a local attorney and this attorney is willing to do this with an hourly wage and a cap on the total cost. He asked other committee members where they would like to go from here. Mr. Willcox inquired about other counties of similar size and asked what they do. Mr. Williams stated that he did not know but that would be part of design process, contact other counties and inquire how they are set up. Mr. Troy inquired asked where the committee would like to go from here. Mr. Willcox inquired as to what Mr. Schrader’s feelings were in regards to this. Mr. Schrader stated that he is an advocate of having a full time County Attorney and added that he is in favor of moving forward on this. He added that he would like to see the individual that is hired to work closely with his office. He stated that he would like to see the Legislature to move forward with this. Mr. Suben stated that he believes this is very prudent to look at this. Mr. Willcox inquired if the County Attorney would be appointed or elected. Mr. Suben stated that it should be part of the process. Chairman Daniels discussed meeting with the individual who is hired in special meetings separate of the Budget & Finance Committee meeting. He stated that this way committee members would not need to wait a month to know how this was proceeding. Mr. Suben stated that the individual hired would have the full cooperation of the County Attorney’s Office. He added DSS Legal Department deals with some delicate issues and there may be some confidentiality issues there. Mr. Troy asked if it was the consensus of the committee to move forward. Mr. Williams suggested that a resolution be drafted for the Legislative Session Agenda upon approval of the Budget & Finance Committee Chairman. Mr. Troy agreed. Mr. Williams made a motion to draft A Resolution Authorizing the Retaining of Legal Counsel To Conduct a Needs Assessment Study on Creating a County Law Department at a cost of $90 per hour and not to exceed $5,000; seconded by Mr. Ross. All members present voting in favor; none opposed; motion approved to present A Resolution Authorizing the Retaining of Legal Counsel To Conduct a Needs Assessment Study on Creating a County Law Department at a cost of $90 per hour and not to exceed $5,000 to the full Legislature at Legislative Session on February 28, 2008. Mr. Williams stated that the individual he has discussed this with is Fan Casullo. He stated that Mr. Casullo is a local attorney and a former Assistant County Attorney. He added that Mr. Casullo is currently the Cortlandville Judge and he has spoken with him on a number of occasions. Mr. Williams stated that Mr. Casullo sees this as a real need and will work with the county on this.

3. TC3 – Mr. Troy announced that Chairman Daniels and himself attended a meeting at TC3 regarding a preliminary budget for the college. He discussed TC3 requesting both Cortland County and Tompkins County for an increase in funding. Mr. Daniels further discussed the increase and added that Cortland County’s share is based on participation. Mr. Willcox inquired about the increase further. Mr. Daniels explained there have been increased costs by the college and a reduction in state aid. Mr. Troy added that he just want to make committee members aware of this.

4. Impact of 2008 State Budget – Mr. Schrader explained that he has spoken with a representative from the Governor’s Office and expressed his displeasure with the State Budget. He discussed areas of the budget that would impact the County Budget. Some of those areas he discussed include TANF, Safety Net and Medicaid. He stated that if the State Budget goes through, the counties will be paying more for state programs that the state would be. He additionally, stated that NYSAC has discussed this and is working through Albany in regards to changing the State Budget. He explained that the State Budget provides for an increase in Preschool programs when actually there has been a decrease in enrollment in those programs. Mr. Schrader stated his intentions to speak with Senator Seward and Assemblywoman Lifton. Ms. Arnold recommended speaking with Assemblyman Finch also. Mr. Schrader stated that he would speak with any of out state representatives. He added that he is aware of Assemblywoman Lifton being an advocate of the Governor’s State Budget. He also stated that he has spoken with Senator Seward regarding this. Mr. Schrader further discussed an increase in the District Attorney’s salary being included in the budget and it being retroactive. Ms. Arnold suggested Ms. Tytler and Ms. Price going with Mr. Schrader to meet with Assemblywoman Lifton, she added that they have established a relationship with the Assemblywoman.

Mr. Williams made a motion to go into Executive Session to discuss a personnel and litigation matter; seconded by Mr. Willcox. All members present voting in favor; none opposed. The Budget & Finance Committee went into Executive Session at 8:44 am.

The Budget & finance Committee returned from Executive Session with nothing to report at 9:23 am.

Mr. Williams made a motion to adjourn the meeting; seconded by Mr. Willcox. Mr. Troy adjourned the meeting at 9:24 a.m.