Judiciary & Public Safety Committee

July 11, 2006, 9:30 AM

DRAFT MINUTES

 

Committee Present: John Daniels, Chairman; Tom Williams, Vice Chairman; Sean Clark, Larry Cornell, Don Spaulding   ABSENT:  Danny Ross, Ron VanDee

Others Present:  Scott Schrader, County Administrator; Angie Wyatt, Secretary to Scott Schrader; Sheriff Lee Price; Jane Goldner, Director-Probation Department; Dave Hartnett, District Attorney; Dennis Whitt, County Auditor; Ric VanDonsel, County Attorney; Roy Lewis, Jail Coordinator; Brenda DeRusso, Emergency Management Coordinator; Tom Jewett, Scott Ochs, Jim Cunningham, Eric Mulvihill, Corey Preston, Jim Mulherin from Bovis

The meeting was called to order at 8:30 by Chairman, John Daniels

MOTION TO APPROVE THE MINUTES FROM THE MAY 9, 2006 MEETING MADE BY LARRY CORNELL – 2ND BY SEAN CLARK – ALL VOTED IN FAVOR TO APPROVE - PASSED

                       

RESOLUTIONS:

Sheriff’s Department

  1. Amend 2006 Budget Sheriff's Department (Personal Services) – MOTION BY LARRY CORNELL – 2ND BY SEAN CLARK – ALL VOTED IN FAVOR – PASSED

Discussion:  This is to fund an additional part-time Welfare Fraud Investigator – In the long run it is saving the County money.  Dave Hartnett told the Committee that it is a “win-win” matter.

 

  1. Authorize Agreement/Amend Budget Electronic Ticket & Accident Report Project – MOTION BY DON SPAULDING – 2ND BY LARRY CORNELL – ALL VOTED IN FAVOR – PASSED

Discussion:  This is a grant from the Governor’s Traffic Safety Committee.  This provides for electronic ticketing and disposition at the time of the arrest.  This saves a lot of time and paperwork.  The City Police and State Police are also using TraCS.

 

Public Defender’s Office

  1. Amend Budget/Transfer Funds/Assigned Council – MOTION BY LARRY CORNELL – 2ND BY DON SPAULDING – ALL VOTED IN FAVOR – PASSED

Discussion:  These funds are needed when a conflict exists in the Public Defender’s Office.  The total funds needed for Assigned Counsel were not budgeted to cover the expenses.  If the Local Law passes there will not be a need for additional funds.

 District Attorney’s Office

  1. Amend Budget/Transfer Funds – MOTION BY LARRY CORNELL – 2ND BY SEAN CLARK – ALL VOTED IN FAVOR – PASSED

Discussion:   District Attorney, David Hartnett provided the Committee with a written justification for the additional funds transfer to the D.A. Professional Services Account.  The stenographer fees have increased, as did the amount of transcripts required for felony court cases.

 

Conflict Attorney’s Office

  1. Local Law (A LOCAL LAW PROVIDING FOR THE CREATION OF THE OFFICE OF CONFLICT ATTORNEY FOR INDIGENT DEFENSE; FIXING THE TERM OF OFFICE, COMPENSATION AND DUTIES OF THE CONFLICT ATTORNEY; PROVIDING FOR THE REPRESENTATION OF INDIGENT DEFENDANTS UNABLE TO BE REPRESENTED BY THE PUBLIC DEFENDER DUE TO CONFLICT; AND PROVIDING FOR PLAN PROCEDURES FOR ASSIGNED COUNSEL DEFENSE IN CASES OF CONFLICT WITH THE PUBLIC DEFENDER’S AND CONFLICT ATTORNEY’S  OFFICES) – MOTION BY SEAN CLARK – 2ND BY DON SPAULDING – ALL VOTED IN FAVOR – PASSED

Discussion:  Scott Schrader explained that the County is responsible for providing defense counsel for indigent individuals.  When that is conflict of interest in the Public Defender’s Office, then the office must pay for Assigned Counsel.  The Assigned Counsel costs get out of hand.  Scott further explained that a lot of counties have gone to a Conflict Attorney’s Office.  This would be the best way to control our costs.  The Conflict Attorney would be a separate office from the Public Defender’s Office.  The space has not yet been determined but Scott expects that it will be located at the Courthouse and support staff issues have not been addressed.  Former District Attorney, Tom Jewett indicated that he doesn’t see a problem with this Local Law since it would be saving the County money.  District Attorney, David Hartnett is in favor of the Local Law but feels that there would be a coverage problem and conflict of time could also pose a problem.  County Attorney, Ric VanDonsel did not have an opinion – he was not involved with drafting this Local Law.

   

DISCUSSION/COMMITTEE ACTION

 

1.                  Cortland County Sheriff’s Advisory Committee- Jail Recommendations – The Advisory Committee provided the JPS Committee with a written report (Available for review from the Clerk of the Legislature).  The Advisory Committee consisted of James Cunningham, Retired Probation Director; Tom Jewett, Retired District Attorney; Captain Roy Lewis, Jail Coordinator (Ex-officio); Scott Ochs, Criminal Justice Professor-TC3; Lieutenant Budd Rigg (Ex-officio); Charles Uttech, US Army – Retired; Gary Wood, Consulting Engineer.  Members of the Committee, Jim Cunningham, Scott Ochs, Tom Jewett & Roy Lewis provided the JPS Committee with a brief overview of the report.

 

2.                  UHF Paging – Scott Schrader provided an update.  They went out to bid and had no response so they revamped the specifications and have the bids by the next Judiciary & Public Safety Committee meeting in August.

 

3.                  Replace Dispatch Console – The Dispatch Console is being replaced through a grant in the amount of $250,000.  The RFP’s (Request For Proposals) went out today.

 

4.                  Relocation of Dispatch/Emergency Control Center – A proposal is being considered to move the 911 Dispatch Center to the 3rd Floor of the Public Safety Building.  The present location would serve as the Records Department.  The Records Department being located on the First Floor would be better access to the general public.  The Emergency Control Center would move to the County Office Building.  A new generator would be installed at the County Office Building that would service the entire building and all the necessary emergency services and personnel could be all in the County Office Building.  The old generator would go to the Courthouse.  There are no grant funds available for the new generator.  It would cost approximately $275,000.00 to move the operation to the County Office Building.  The Buildings & Grounds Committee have endorsed this plan.  MOTION BY LARRY CORNELL – 2ND BY DON SPAULDING THAT THE JUDICIARY & PUBLIC SAFETY COMMITTEE ENDORSE THE PLAN TO MOVE 911 DISPATCH TO THE THIRD FLOOR OF THE PUBLIC SAFETY BUILDING, THAT THE FIRST FLOOR OF THE PUBLIC SAFETY BUILDING BECOME THE RECORDS CENTER, THAT THE COUNTY PURCHASE A NEW GENERATOR FOR THE COUNTY OFFICE BUILDING, THAT THE OLD GENERATOR GO TO THE COURTHOUSE, AND THAT THE EMERGENCY CONTROL CENTER BE RELOCATED TO THE COUNTY OFFICE BUILDING – ALL VOTED IN FAVOR – PASSED

 

5.                  Department Head Forum –

 

A)    CORONER’S OFFICE:  Scott Schrader advised the Committee that they will have to hold up on exploring the possibility of replacing the Coroners’ Office with a Medical Examiner’s Office because they are in a state of flux at the Cortland Regional Medical Center.  There will have to be a special election in the fall for the 2nd Coroner.

B)    RECENT FLOOD:  Brenda DeRusso advised the Committee that Cortland County is eligible for FEMA and State Funds for damages that were a result of the resent flood.  Senator Hilary Clinton, Senator Charles Schumer and Congressman Sherwood Boehlert were instrumental in assisting the County with obtaining eligibility.  Brenda DeRusso further explained that the state would be paying for the balance that FEMA does not pay.  The County will not incur any expense. Sheriff Lee Price indicated the 10 Cortland County Deputies went to Broome County to help with their flooding situation.

C)    INMATES MEDICAL COSTS:  County Auditor, Dennis Whitt and Sheriff Lee Price briefly discussed a report from the Office of the New York State Comptroller regarding “Reducing the Cost of Hospital Services Provided to County Inmates”.  Dennis indicated that he is working with the Sheriff and the Legislative Chairman in looking at issues that have not been addressed in the past.  They will keep the Judiciary & Public Safety Committee as well as the County Legislature apprised.

D)    PROBATION:  Jane Goldner advised the Committee that electronic monitoring is now available when there is no access to telephone landlines.  The electronic monitoring is not a solution as an alternative to incarceration but it helps.

 

The Meeting was adjourned at 11:00a.m.

Minutes Prepared By Angie Wyatt, Secretary to Scott Schrader

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