Budget and Finance Committee

Minutes

October 12, 2005 7:30 am

Approved as Corrected

Members Present: Kurt Behrenfeld, Chairman; Dr. Paul DiGiovanni, Vice Chairman; Kay Breed; Marilyn Brown; Danny Ross; Carol Tytler; Newell Willcox;

Others Present: Scott Steve, Chairman of the Legislature; Scott Schrader, County Administrator; Don Ferris; Carolyn Kennedy; John Carroll; John Fitch; Dan Tagliente; Tom Hartnett; Dennis Whitt; Annette Barber; Sean Clark; Bonnie Quackenbush; Sandra Price; Patrick Ruppe; Eric Mulvihill; Carletta Edwards;

Mr. Behrenfeld called the meeting to order at 7:35 am.

Mr. Behrenfeld said there will be no minutes to approve at this meeting. The September 8, 2005 minutes will be approved at the November meeting.

Mrs. Brown asked Mr. Behrenfeld to allow discussion of the resolution regarding Re-Appointment of the County Administrator that she requested be put onto the agenda. She said she had talked to Mr. Behrenfeld and that he had said he would have the Clerk put the item on the agenda and it was not put on. She said her concern is that the County Administrator be re-appointed because of all the hard work he has done and what has been accomplished for the County and that he be given credit for what is happening and what has happened. Mrs. Brown said she is concerned with what is happening and how directives are being given to do things that are inappropriate referring to the Clerk of the Legislature being asked to remove a piece of mail from the mail boxes of the Legislators by Chairman Steve that was prepared and placed in them by Mr. Schrader. She said that when this occurred and she asked the Clerk why it has been taken out she was told because there was a mistake in the document. Mrs. Brown said to the best of her knowledge there were no mistakes in the document and she does not think that Chairman Steve has the authority to have any articles removed from the Legislators mailboxes that has been placed there by someone else.

Mr. Behrenfeld explained to Mrs. Brown that he was only contacted on Wednesday afternoon about the request to add the item to the agenda. He said he called her to discuss the context of the resolution and said he would contact the Clerk with direction on what to do. After deliberation of the context of the proposed resolution it was his feeling that it should be first presented and discussed within the Personnel Committee. He said there should be time for discussions to happen and also time to review the performance and job description regarding the position of County Administrator and in order to be fair to the position this should not be done in haste.

Mrs. Brown stated she is upset that the Republican Legislators are taking credit for everything that has happened that has turned the County around and she wants to see the credit go where it is deserved which is to the County Administrator. She said she has been talking to Mr. Steve about this resolution and about the re-appointment for most of this last year and has gotten no place with those conversations.

Mr. Behrenfeld stated he felt this resolution needed more lead time and preparation for the appropriate discussions to occur before any action should be taken.

Mrs. Brown stated she does not feel the County Administrator is getting the credit for any of the accomplishments that have been made and this is one of the ways to do just that. She referred to television advertising that has been on Channel 2 and the spots on Web pages by Legislators where a certain group are taking credit for everything being done at the County. Mrs. Brown asked Mr. Behrenfeld if Mr. Steve had any part is preventing this resolution to be acted on within this committee. Mrs. Brown said she thinks the tactics being used on the third floor are Gestapo type tactics and resents that decisions are made for Legislators by the Chairman and if he doesn’t want something to happen it does not.

Mr. Behrenfeld said that as Chairman of the Budget and Finance Committee he has the discretion of what may or may not be put onto the agenda and in this case he used that to hold this resolution until the proper amount of time can be given for discussion and for receiving input in helping to make the decision on this. He does not feel that the re-appointment of the County Administrator is a concern that needs to be addressed with any degree of urgency to be fair to both the Legislative body and to the person in that position.

Mrs. Brown disagrees and feels that this needs to be acted upon.

Mr. Tagliente, Mrs. Price, Mr. Hartnett, and Mr. Fitch left after this discussion.

Budget and Finance Committee Resolutions:

1. Resolution of the Legislature of the County of Cortland, Extending Taxes on Sales and Uses of Tangible Personal Property and of Certain Services, and on Occupancy of Hotel Rooms and Amusement Charges, Pursuant to Article 29 of the Tax Laws of the State of New York. Moved by Dr. DiGiovanni, seconded by Mr. Willcox. Mrs. Brown asked was this the same as before? Mr. Schrader said it was the same. Dr. DiGiovanni asked why it was only for two years? Mr. Schrader said that is what County Law allows us to do. All members voting in favor; none opposed; resolutions passes.

2. Amend Contract / Amend Budget, Cortland County Convention and Visitors Bureau/ Innkeepers. Moved by Dr. DiGiovanni, seconded by Mr. Willcox. Dr. DiGiovanni asked why there were two lines under the revenue line? Mr. Schrader said that was a mistake and would be corrected before it goes to the floor. All members voting in favor; none opposed; resolution passes.

3. Resolution of the Legislature of the County of Cortland Authorizing a Permanent Easement to the Town of Homer For Access For the Maintenance of the Homer Town Hall on Lands of the County of Cortland. Moved be Dr. DiGiovanni, seconded by Mr. Willcox. Mr. Willcox said he has had conversations with Mr. Forbes and he supports this. Mr. Behrenfeld asked would this affect the resale of the property that we have acquired? Mr. Ferris said this will not affect that at all. All members voting in favor; none opposed; resolution passes.

4. Amend 2005 Budget Recognizing Federal and State Disaster Assistance Funding. Moved by Dr. DiGiovanni, seconded by Mr. Willcox. Mr. Behrenfeld asked if there is an estimated shortfall? Mr. Schrader stated there are some outstanding issues here. All members voting in favor; none opposed; resolution passes.

5. Amend Budget/ Retirement Payment. Moved by Mrs. Brown, seconded by Mr. Willcox. Mrs. Brown asked what is the total? Mr. Schrader said it is approximately $800,000. Mr. Schrader said this transfer is necessary to be able to pay the next payment to the retirement system in December. All members voting in favor; none opposed; resolution passes.

Members of the committee requested that Agenda items 6, 9, 10, 12, 14, 15, 16, 18, 26-29, 33-36 be acted on separate from the consent agenda.

Dr. DiGiovanni moved the adoption of the consent agenda with the above items removed, seconded by Mrs. Tytler. All members voting in favor; none opposed; consent agenda adopted.

Chairman Steve came in at this time.

CONSENT AGENDA:

6. Introduce Local Law No. 5 of the Year 2005: A Local Law Authorizing the County of Cortland to Make Application for Re-designation of Certain Areas Within the County of Cortland as an Empire Zone. Moved by Dr. DiGiovanni, seconded by Mrs. Brown. Mr. Behrenfeld asked why the changes were made to the Empire Zone? Chairman Steve said the State has new regulations that require the County to have all the acreage be contiguous and that the County can no longer bank their acreage. The complete zone needed to be reviewed. Within the City residential areas were taken out to allow for more areas to be added for potential business growth. The area was also extended to the Polkville corridor for potential growth. All the areas that are covered currently by the existing Empire Zone will continue until the their original time ends. There were over 100 areas within the City to expand into the Zone. Dr. DiGiovanni said the maps of the proposed areas were presented at the IDA/BDC meeting and were approved. Chairman Steve stated that all the municipalities involved have been or will be talked to and will need to approve their own board resolutions before the County will finalize this Local Law. Mrs. Tytler asked if the area on West Road where the hospital is expanding was included? Chairman Steve said they were not able to incorporate that area. Mrs. Brown asked why the resolution says three with four in parenthesis? Chairman Steve said the State is currently allowing three areas to be designated however the County is asking for a fourth. Chairman Steve said that Karen Niday of the BDC will be available for both caucuses on session night for explanations. All members voting in favor; none opposed; resolution is adopted.

7. Abolish/Create Custodian, Buildings and Grounds Department.

8. Authorize Agreement, Buildings and Grounds Department / V. Romanoff & Associates (Pilaster Repairs – Law Library)

9. Authorize Agreement/ Accept Funds, Health Department/ Environmental Health

(Tobacco Enforcement Program Grant). Moved by Mrs. Brown, seconded by Mr. Ross. Mr. Willcox asked what we are spending this money for and how is the outcome really measured of the successes of this program. All members voting in favor except Mr. Willcox opposed; resolution is adopted.

10. Authorize Agreement/ Accept Funds, Health Department/ Nursing (Lead Poisoning Prevention Grant). Moved by Mrs. Brown, seconded by Mrs. Tytler. Mr. Willcox said he feels there are not enough services provided with the money that is spent. Mr. Schrader said this is the Health Department working with many organizations to prevent lead poisoning. Mr. Willcox asked how many children are involved here? Mrs. Tytler said this program also tracks the children. Mr. Schrader said the County is mandated to provide this service. Mr. Willcox asked if we didn’t do this with the grant money what would we do? Mr. Schrader said this is a mandate and the County would have to pay for this service. All members voting in favor; none opposed; resolution adopted.

11. Authorize Agreement, Health Department/ Administration

(Laser Printer Maintenance)

12. Create Senior Medical Services Clerk (F-T, Temporary), Health Department. Moved by Mrs. Brown, seconded by Mr. Willcox. Mrs. Brown asked why this is being done? Mr. Schrader said this is a staffing issue and the position needs to be filled because of billing that needs to be done. All members voting in favor; none opposed; resolution adopted.

13. Authorize Agreement, Mental Health Department

(Risk Management Services Company – RMSCO)

14. Authorize Agreement, Mental Health Department (New York State Office of Mental

Health). Moved by Mrs. Tytler, seconded by Mr. Willcox. Dr. DiGiovanni said the County will receive an additional 7% increase in Medicaid but will need to expend extra time and money to do what is needed. This hopefully will improve quality of service to consumers within the County. If this does not work the County can end the contract. Mrs. Breed asked if this will be monitored? Mrs. Tytler asked if this is not good for the County would it be stopped? Dr. DiGiovanni said this would be monitored and would be evaluated through the Health Committee. All members voting in favor; none opposed; resolution adopted.

15. Authorize Service Contract, Highway Department/Landfill.

Moved by Dr. DiGiovanni, seconded by Mrs. Tytler. Mr. Willcox asked what happened to the previous contractor? Mr. Schrader said he could not perform the service and there was not penalty for that. Chairman Steve said there is a meeting set up to look at a program that shreds tires that may turn this into a revenue source for the County in the future. All members voting in favor; none opposed; resolution adopted.

16. Authorize Rental Contract, Highway Department. Moved by Mrs. Brown, seconded by Mr. Willcox. Dr. DiGiovanni asked why we spend $2500. each year and not build our own building? Mr. Schrader said it would cost the County about $150,000. to build its own building. Mr. Willcox asked if it does that much damage to the equipment to leave it outside and why couldn’t it just be covered with large blue tarps? Chairman Steve said maybe they need to dispose of some of their inventory. Mr. Ross said he has asked them Highway Department to look at this in the past. Mr. Behrenfeld said that maybe the word winter needs to be defined. It was agreed by this committee to pass this for this year and request the Highway Committee research alternatives for next year. All members voting in favor except Mrs. Brown and Mr. Willcox opposed; resolution adopted.

17. Amend Budget/ Transfer Funds, Highway Department (Projects)

18. Amend Budget/ Transfer Funds, McGraw-Marathon Road Bridge Project, Highway Department (Projects). Moved by Mr. Willcox, seconded by Dr. DiGiovanni. Mr. Behrenfeld asked if the amount were correct for this one? Mr. Schrader said they were. All members voting in favor; none opposed; resolution adopted.

19. Authorize Agreement, New York State, Federal Emergency Relief Project PIN-375445.

20. Authorize Contract, Highway Department, Town of Taylor (Snow and Ice – County Roads)

21. Authorize Contract, Highway Department, Town of Homer (Snow and Ice – County Roads)

22. Authorize Contract, Highway Department, Town of Cincinnatus (Snow and Ice – County Roads)

23. Amend Budget/ Transfer Funds, Highway Department (Fuel)

24. Amend Budget/ Transfer Funds, Highway Department (Fuel)

25. Amnesty River Clean-Up, Highway Department/ Landfill

26. Award Electronic Disposal Contract/ Highway Department/ Landfill. Moved by Dr. DiGiovanni, seconded by Mrs. Breed. Mr. Behrenfeld questioned the quote. Mr. Schrader said it is correct. Normally you have to pay to get a company to take electronic components but this company has agreed to do the service for free if the County put the items onto pallets. The drop off site will be at the Recycling Center on Pendleton Street.

27. Increase Salary, Sheriff’s Department (Court Attendants). Moved by Mrs. Brown, seconded by Dr. DiGiovanni. Dr. DiGiovanni asked why this is retroactive? Mr. Schrader said because it is a State Mandate. Mr. Willcox asked what they do? Mr. Schrader said they keep order. All members voting in favor; none opposed; resolutions passes.

28. Accept Grant/ Authorize Agreement, District Attorney’s Office (Assistant District Attorney Position). Moved by Dr. DiGiovanni, seconded by Mrs. Tytler. All members voting in favor; none opposed; resolution adopted.

29. Amend Budget, Public Defender’s Office (Assigned Counsel).

Moved by Mrs. Brown, seconded by Mr. Willcox. Dr. DiGiovanni asked how much has been spent out of the Contingency fund so far? Mr. Schrader said about $200,000. Mr. Behrenfeld asked how this could be reduced in the future? Mr. Schrader said a position has been added to the budget for Administration of Conflict Attorneys. There is also the possibility of adding a Conflict Attorney Position. Mr. Schrader said we expected this but not quite this much.

30. Amend Budget, Area Agency on Aging (Title VII Long Term Care Ombudsman Program)

31. Amend Budget, Department of Social Services (Transfer)

32. Amend Budget, Department of Social Services (Daycare)

33. Authorize Agreement Amendment, Department of Social Services (Shredding Services).

Moved by Dr. DiGiovanni, seconded by Mrs. Tytler. Dr. DiGiovanni said there have been discussions in the past about localizing the shredding of documents. Mr. Schrader said we are looking into that. All members voting in favor; none opposed; resolution adopted.

34. Authorize Extension of Agreement with Nationwide Retirement Solutions Nationwide Financial Services, Inc. and Nationwide Trust Company for the Continuation of the Cortland County Deferred Compensation Plan. Moved by Mrs. Brown, seconded by Mr. Willcox. Dr. DiGiovanni asked Mr. Schrader to explain what this is doing. Mr. Schrader said this is the last year the County would be able to extend. Next year this will need to be looked at.

Motion made by Dr. DiGiovanni, seconded by Mrs. Brown to go into executive session at 8:50 am.

35. Approve Agreement Between the County of Cortland and the Civil Service Employee’s Association, Inc. – County of Cortland Local 812 – Unit 6650 Effective January 1, 2005 to December 31, 2009. Motion made by Dr. DiGiovanni, seconded by Mr. Willcox. Chairman Steve commended Mrs. Barber and Mr. Schrader for all the hard work pit into negotiating this contract and the results that have resulted for the good of the County. Mr. Schrader explained the details of changes that have been made to the contract that will be positive for the future of this County. He said that Mrs. Barber will be available the night of session and the Board will go into executive session and be given a printed list of all the changes that have been made from the past contract to what will be the new contract if ratified by the CSEA and then the Legislature. Legislators will be able to ask questions and discuss the changes at length before they have to vote. All members voting in favor; none opposed; resolution adopted.

36. Abolish / Create Positions MSD Classifications Study. Moved by Dr. DiGiovanni, seconded by Mr. Willcox. This will be voted on after the CSEA contract vote. If for some reason the contract is not approved this will be pulled. All members voting in favor; none opposed; resolution adopted.

Motion by Dr. DiGiovanni, seconded by Mr. Ross to go out of executive session at 9:45 am.

Dr. DiGiovanni read an e-mail that he received from Mrs. Gailor, Director of Health, regarding funding from the State of New York regarding the Facilitated Enrollment Program and the necessity to sign an agreement and mail it back to the State before October 31, 2005 or possibly loss some of the funding. He would like to make this committee aware and have the consensus of the committee to put forward a Special Article at session to authorize the contract to be signed by the Chairman to expedite this matter and not lose any potential revenue for the County. The committee consensus was to move forward and present the Special Article.

DISCUSSION/PRESENTATIONS/REPORTS:

1. County of Cortland - Financial Statements – December 31, 2004 – Richard M. McNeilly

2. County of Cortland – Management Letter – December 31, 2004 – Richard M. McNeilly

Mr. Behrenfeld pointed out that the committee has not received copies of the Audit or the Management. Mrs. Edwards said they had been given to Mr. Whitt and she thought he had distributed them to the committee. The Clerk presented copies to the Committee for their review.

3. Balance Sheets for August 2004 and August 2005 – Treasurer’s Office – This is for information.

Chairman Steve said he has a meeting scheduled for late this afternoon with all municipalities to discuss the option of eliminating the 4% Sales tax on residential energy and motor fuel. He has spoken with some municipal representatives already and should have an answer before the next session as to what should be done. He feels the sales tax revenue is coming in ahead of last year and thinks all municipalities would be able to reach their projected revenue. He will have a better feeling of what to do when he has gathered input from other leaders in the community.

Dr. DiGiovanni said he would like to make a statement at this time for the record regarding the proposed resolution for the County Administrator Re-appointment. He stated that when Mr. Behrenfeld pointed out the rules and procedures for potential agenda items and why he felt that the resolution in question needed to go through a review process and not be put through as a last minute rushed item there were referrals made to Gestapo type tactics being used by the Leadership. He stated it is horrible and inexcusable to accuse this body of that and for Mrs. Brown to not obey the Rules of the Legislature that she voted for and actually helped to rewrite is worrisome. Dr. DiGiovanni said he wants to make it very clear that Mr. Schrader has done an excellent job and there should be no concern with regard to his re-appointment. He believes it was very unfair to Mr. Schrader and to this body to try to bring this resolution through the process this way and he for one is not going to be played as a pawn in the political game that is now going on.

Mrs. Breed said that the lies that have been referred to at this committee meeting are not what have actually happened. The advertising that is being done and the web pages actually refer to by-partisan politics being part of the many successes that have been accomplished during since 2004. She said this committee was being used for a political forum today and there is no reason or justifiable reason for this to be done. She said they have referred to the teamwork not only by the Legislators but also by Department Heads in accomplishments that have occurred.

Mr. Steve said he extends his apologies to Mr. Schrader that he is being used this way and put into this uncomfortable position. He said this group needs to move forward with the CSEA contract and then handle the Management Compensation Plan, there is still much work to do. He has worked side by side with Mr. Schrader on many issues and they work well together.

Dr. DiGiovanni said he ran in 2001 on the platform of hiring a County Administrator and after the election that year the democrats decided to create the position and fill it which was and continues to be beneficial to the County residents.

Mr. Willcox said he does not have a problem with Mrs. Brown being able to speak and voice her opinion but when she referred to the leadership here operating under Gestapo tactics she went to far.

Chairman Steve stated that in regards to the Excellus Letter that was removed from the mailboxes by the Clerk, there were concerns by him as to the accuracy of a number on the savings amount that he wanted to verify from an e-mail he had received before it was distributed.

The meeting was adjourned at 10:20 am.

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