Budget and Finance Committee

February 16, 2007 at 7:30 am

DRAFT MINUTES

Members: Ron VanDee, Chairman; Sean Clark, Danny Ross, Dan Tagliente and Newell Willcox

Others Present: Marilyn Brown, Chairman of the Legislature; Scott Schrader, County Administrator; Larry Cornell, Legislator; Sandy Price, Legislator; Carol Tytler, Legislator; Tom Williams, Legislator; Merwin Armstrong, Legislator; John Steger, Legislator; Richard C. Van Donsel, County Attorney; Dennis Whitt, County Auditor; Katrina Spicer, Secretary to Administration; Don Ferris, County Treasurer; Carolyn Kennedy, Deputy County Treasurer; Michael Kilmer, Mental Health Clinic; Annette Barber, Personnel Officer; Susan Morgan, Clerk of the Legislature; Corey Preston, Cortland Standard; Eric Mulvihill, WXHC; John Carroll, Ann Gebhart, Matt Pennello and Cathy Wilcox

Absent: John Daniels (excused) and John Troy (excused)

Mr. Van Dee called the meeting to order at 7:30 a.m.

Mr. Clark moved adoption of the minutes of the January 18, 2007 meeting; seconded by Mr. Willcox. All members present voted in favor; none opposed; minutes approved as printed.

Mr. Van Dee explained that there are two members of the Budget & Finance Committee, Mr. Troy and Mr. Daniels, that are absent due to the fact that the meeting has been moved around and he would like them recorded as excused.

BUDGET & FINANCE COMMITTEE RESOLUTIONS:

1. Authorize Agreement Treasurer’s Office County Wide Cost Allocation Plan, Jack Venesky, CPA – Mr. Clark moved adoption; seconded by Mr. Tagliente. Mr. Willcox inquired about how much the County could actually receive back from paying this amount, the potential recovery. Mr. Schrader explained that this is used for those departments that receive State Aid, based upon expenditures. He added that this allows these Departments to use this cost allocation plan to capture costs that are not necessarily attributed to those Departments directly. Mr. Schrader further discussed examples of where this cost allocation plan is used. Mr. Schrader expressed he does not know exactly how much the County receives and further discussed that it would involve a very in-depth analysis. Mr. Schrader added that the savings is greater than the $12,500 that these services cost. Mr. Willcox inquired if this has been done in the past. Mr. Schrader explained that it has and that it is a standard in the industry. He added that Cortland County has been doing this long before he started working for the County. All members present voting in favor; none opposed; resolution adopted.

2. Authorize Payment - Treasurer’s Office (Surplus Sales Tax) – Mr. Tagliente moved adoption; seconded by Mr. Clark. No discussion. All members present voting in favor; none opposed; resolution adopted.

2A. Authorize Agreements, Health Department (Nursing Division) (Contracted Services)– Mr. Tagliente moved adoption; seconded by Mr. Clark. Chairman Brown inquired if this is done annually. Mr. Schrader thanked Mr. Clark and Mr. Van Dee for allowing this to be put on this agenda. He further explained that this has been done in the past. He further explained that this allows the County to hire Licensed Professional Nurses (LPN) to do homecare in the home health agency. He added that currently the County has 117 acute cases and only have seven full time employees. He added that this allows for these LPNs to go into homes that would normally be handled by a Registered Nurse (RN) but because of the nature of the injury and/or the ailments of these patients they can be handled by an LPN instead. Mr. Schrader added that this would take some of the pressure off the RNs so that they can handle the more acute cases. All members present voting in favor; none opposed; resolution adopted.

Mr. Van Dee introduced the Consent Agenda, Items 3 through 24, and asked if there were any items to be pulled for discussion.

Mr. Willcox requested that Consent Agenda Item Nos. 3, 4, 6, 13, 15, 19, 20, 22 and 23 be removed and acted upon separately.

The following agenda items were removed from the Consent Agenda to be acted upon separately: Consent Agenda Item Nos. 3, 4, 6, 13, 15, 19, 20, 22 and 23.

Mr. Tagliente moved adoption of the Consent Agenda, with the exception of Agenda Item Nos. 3, 4, 6, 13, 15, 19, 20, 22 and 23 that were removed by request of Mr. Willcox to be acted upon separately; seconded by Mr. Clark.

CONSENT AGENDA

Referred from Ag/Planning Committee: None

Referred from General Services Committee: None

Referred from Health Committee:

3. Amend Budget Health Department (Grant Rollovers from 2006 Budget to 2007 Budget) ~ Removed to be acted upon separately

4. Create Temporary, Part-time (.7) Public Health Educator Health Department ~ Removed to be acted upon separately

5. Amend Budget, Mental Health Department (Intensive Case Management)

6. Amend Budget Family Counseling Services of Cortland County, Inc. ~ Removed to be acted upon separately

Referred from Highway Committee:

7. Award Construction Contract – 10-bay T Hangar Bldg. Cortland County Airport – Chase Field

8. Award Highway Equipment – Track Excavator

9. Authorize Highway Equipment – One (1) Wheel Loader

10. Approve Contract For Engineering Page Green Road, Phase III

Referred from Human Services Committee:

11. Amend Budget (Community Services for the Elderly Program - Services)

12. Amend Budget Area Agency on Aging (Expanded In-Home Services for the Elderly Program - EISEP)

13. Amend Budget Area Agency on Aging (Supplemental Nutrition Assistance Program) ~ Removed to be acted upon separately

14. Accept Grant/Amend Budget/Authorize Agreement Youth Bureau (United States Tennis Association Grant)

Referred from Judiciary & Public Safety Committee:

15. Amend 2007 Budget Sheriff’s Department (Child Passenger Safety Program) ~ Removed to be acted upon separately

16. Amend 2007 Budget Sheriff’s Department (Forfeited Proceeds)

17. Amend 2007 Budget Sheriff’s Department (Governor’s Traffic Safety Committee – S.T.O.P.P.E.D.)

18. Amend 2007 Budget Sheriff’s Department (TraCS – Electronic Ticket & Accident Report Projects)

19. Amend 2007 Budget/Transfer Funds Sheriff’s Department/911 Center (Personal Service Accounts) ~ Removed to be acted upon separately

20. Amend 2007 Budget/Transfer Funds Sheriff’s Department (Personal Service Accounts) ~ Removed to be acted upon separately

21. Increase Salary Sheriff’s Department Court Attendants

22. Approve Contract/Receive Funds, Cortland County Board of Elections, Voter Education and Poll Worker Training ~ Removed to be acted upon separately

23. Approve Contract/Receive Funds, Cortland County Board of Elections, Polling Sites Access Improvements ~ Removed to be acted upon separately

24. Authorize Expenditure, Chamber Photo Project, Cortland County Legislature

Referred from Personnel Committee: None

All members voted in favor; none opposed; consent agenda adopted.

NON-CONSENT AGENDA

3. Amend Budget Health Department (Grant Rollovers from 2006 Budget to 2007 Budget) – Mr. Tagliente moved adoption; seconded by Mr. Ross. Mr. Willcox inquired as to where in the budget this funding is put; fund balance. Mr. Schrader explained that these are grant funds that are specifically allocated to programs within the Public Health Department. He added that in order to get the funding you must prove that you spent the funds; it must be spent program specific. Mr. Willcox asked if this would go back before the relative Committee and then be resubmitted to this Committee. Mr. Schrader explained that this resolution has already gone before and been approved by the Health Committee. Mr. Willcox inquired further about the Tobacco Prevention Professional Services for $150,000. Mr. Schrader explained that a portion of this would be used for hiring an ad specialist to assist us in our anti-smoking marketing and advertising. Mr. Willcox inquired further about accountability in regards to this expenditure. Mr. Schrader explained bills are submitted and audited like every other bill that the County receives. He added that as far as the effectiveness of the campaign it would need to be referred to the Public Health Department. Mr. Clark explained that it is reported to the Board of Health on a monthly basis; tobacco education. Mr. Willcox inquired further if this was for advertising the promotion of no smoking. Mr. Schrader explained that yes a portion of it was. Mr. Willcox expressed that everywhere a person goes; an individual picks up a pack of cigarettes; sees a billboard; he does not feel that there is anyone that does not realize that smoking is for them. Mr. Willcox questions why another $150,000 needs to spent to tell someone something that they already know. Chairman Brown expressed that she believes that this is used additionally in regards to a prevention technique to deter youth from smoking. Mr. Van Dee, Mr. Clark, Mr. Ross and Mr. Tagliente voting in favor; Mr. Willcox was opposed; resolution adopted.

4. Create Temporary, Part-time (.7) Public Health Educator Health Department - Mr. Ross moved adoption; seconded by Mr. Clark. Mr. Ross inquired what the duties of this part-time position would be. Mr. Schrader explained that the duties would be the same as the full-time education but unfortunately the County does not have the funding to fund a full-time position. He added that a full-time position was budgeted but the grant that was used to fund this position expired. He added that he would need to contact the Health Department to find out specifically the programs that were involved. He added that this is keeping with the philosophy of the Legislature that the position is funded through grant funds and once the grant expires then the position would be eliminated. He further discussed that due to the fact that the expired grant was a portion of this position. He additionally explained a portion this position’s responsibilities would be to try to obtain further grant funding. Mr. Willcox expressed that the word “create” in this resolution is what bothers him; he added that “create” means more. Mr. Schrader expressed that it does not in this instance because there is a full-time position that funds are being transferred from and the authorization to fill would not be signed by the County Administrator until the Health Department has enough funds to fund the position. Chairman Brown inquired if this position is only filled through grant funding. Mr. Schrader expressed that yes it is. Mr. Van Dee, Mr. Clark, Mr. Ross and Mr. Tagliente voting in favor; Mr. Willcox was opposed; resolution adopted.

6. Amend Budget Family Counseling Services of Cortland County, Inc. - Mr. Clark moved adoption; seconded by Mr. Tagliente. Mr. Willcox asked for the rationale behind this resolution and why we are spending another $62,000. Mr. Schrader explained that this is an agreement that was worked out through Family Counseling Services and the Health Committee, at the recommendation of himself. He further explained that in 2003 Family Counseling Services estimated a surplus in their program. He added that because there is a surplus the County had the potential of losing State Aid. He expressed that Family Counseling gave that State Aid back to the County and it was redistributed to other programs that were not going to cover their costs; thereby leaving that State Aid in the County as opposed having it go outside the County. Mr. Schrader explained that at the end of the year in 2003, Family Counseling Services did not have the surplus that they had estimated primarily due to the fact that they were operating on a cash basis of accounting as opposed to an accrual basis of accounting. He further explained that Family Counseling Services came back to the County and expressed that they wanted the funding back that they had given away to other programs. He expressed that the County told them no unless they went to an accrual basis accounting which would, if not eliminate, mitigate the circumstances that happened in 2003. He added that this was taken before the Health Committee and the Health Committee agreed that if they switch from a cash basis accounting to an accrual basis accounting they would support a resolution to give the money that they lost in 2003 back to them. Mr. Schrader expressed that Family Counseling Services has not moved to an accrual basis accounting. Mr. Willcox inquired as to what portion of this is funded through grants. Mr. Schrader expressed that none of it is and that it is all out of the County’s pocket. Mr. Van Dee, Mr. Clark, Mr. Ross and Mr. Tagliente voting in favor; Mr. Willcox was opposed; resolution adopted.

13. Amend Budget Area Agency on Aging (Supplemental Nutrition Assistance Program) - Mr. Tagliente moved adoption; seconded by Mr. Clark. Mr. Willcox inquired about this $8,000. Mr. Schrader explained that at the time the budget is developed, certain assumptions and/or estimates are made in regards to the amount of State Aid that will be received for our various programs. He discussed that the Department estimated a certain amount for the Nutrition Program in the Office for the Aging and they were shy about $8,000. He explained further that NYS has now confirmed that the County would be receiving all that it has budgeted plus $8,633. He explained that this resolution is to budget the remainder of the State Aid that will be received for this program. Mr. Tagliente expressed that this in a grant. Mr. Schrader explained that the Supplement Nutrition Assistance Program includes things like Meals On Wheels, Congregate Meal Sites, Senior Centers as well as home delivery. Mr. Van Dee expressed that this is a great program, Mr. Ross and Mr. Clark agreed. Mr. Van Dee further expressed that without this program that there are many people that probably would not get a decent meal to eat on a daily basis. Mr. Clark added that especially on days like today. Mr. Van Dee also discussed the check system that the Meals on Wheels program have created by delivering meals to the door. Mr. Willcox inquired if this is in the budget. Mr. Schrader expressed that it is and estimated that it roughly is about $1.6 million. Mr. Van Dee expressed that it is probably not enough for this program. Mr. Schrader explained that County funds are added to the State Aid received. All members voted in favor; none opposed; resolution adopted.

15. Amend 2007 Budget Sheriff’s Department (Child Passenger Safety Program) - Mr. Tagliente moved adoption; seconded by Mr. Ross. Mr. Willcox inquired about what equipment is purchased with these funds. Mr. Van Dee and Mr. Schrader expressed that this is for car seats. All members voted in favor; none opposed; resolution adopted.

19. Amend 2007 Budget/Transfer Funds Sheriff’s Department/911 Center (Personal Service Accounts) - Mr. Tagliente moved adoption; seconded by Mr. Clark. Committee members inquired about what “out of title work” is. Mr. Schrader explained what “out of title work” is. Mr. Willcox inquired if this is to satisfy a CSEA requirement. Mr. Schrader expressed that it is. Mr. Van Dee inquired if an individual can do so much out of title. Mr. Schrader answered no. Mr. Van Dee inquired if employees in the Buildings and Grounds Department do. Mr. Schrader that out of title work can be performed up to a certain percentage of your job. All members voted in favor; none opposed; resolution adopted.

20. Amend 2007 Budget/Transfer Funds Sheriff’s Department (Personal Service Accounts) – Mr. Tagliente moved adoption; seconded by Mr. Clark. Mr. Willcox inquired what about the Personal Services Allowance. Mr. Schrader explained that this is for providing uniforms for new Deputy Sheriffs and an allowance for those Deputy Sheriffs that have already been hired by the County for upkeep and maintenance of their uniforms. All members voted in favor; none opposed; resolution adopted.

22. Approve Contract/Receive Funds, Cortland County Board of Elections, Voter Education and Poll Worker Training - Mr. Tagliente moved adoption; seconded by Mr. Clark. Mr. Willcox addressed his concern that he has read in the newspaper that the new voting machines will not be made available until 2009. He additionally questioned why the County is spending $30,000 now. Mr. Van Dee explained that this money is for poll watchers, the people that make sure that you are a registered voter. Mr. Willcox stated that we have had those people right along. Mr. Van Dee inquired if this was an increase in salaries for them. Mr. Schrader explained that this is State Aid for educating the poll workers on the operation of the new machines. Mr. Willcox expressed that we are educating them even though we are not going to be affected until 2009. Mr. Van Dee expressed that we are not certain that it will be 2009. Mr. Schrader explained that each County has been awarded a certain amount of money for training. Mr. Schrader expressed that New York State has notified Cortland County that the county is entitled to this money. He added that New York State would not release this funding until Cortland County has either purchased new machines or have placed them on order. Mr. Van Dee, Mr. Clark, Mr. Ross and Mr. Tagliente voting in favor; Mr. Willcox was opposed; resolution adopted.

23. Approve Contract/Receive Funds, Cortland County Board of Elections, Polling Sites Access Improvements - Mr. Tagliente moved adoption; seconded by Mr. Clark. Mr. Willcox inquired about the type of improvements that are being installed. Mr. Ross and Mr. Van Dee expressed that it is for wheel chair accessibility to make the facilities handicapped accessible. Mr. Ross added that there are a few sites that are not up to par. Mr. Van Dee explained that they look at other things also. Mr. Willcox inquired if they were putting in $21,000 in ramps. Mr. Van Dee briefly discussed this. All members voted in favor; none opposed; resolution adopted

Mr. Van Dee announced that there was an additional item added to the Agenda and that it would be referred to as Agenda Item No. 25.

25. Household Hazardous Waste Application, Highway Department/Landfill - Mr. Clark moved adoption; seconded by Mr. Ross. Mr. Willcox expressed that he is against the Household Hazardous Waste program because there is no accountability. He added that people have been doing this and now the county has to pay for what the people have been allowed to do at the landfill for quite some time. Mr. Tagliente expressed that this resolution is just to apply for the grant to receive funding in relation to the program. Mr. Ross inquired if this program is for Cortland County residents only and how would individuals verify if they were or were not County residents. Mr. Schrader explained that residency could be verified with a Driver’s License or a utility bill. Mr. Ross expressed that this program should have been done years ago. Mr. Van Dee agreed. Mr. Ross and Mr. Van Dee expressed this is a needed program and addressed his concerns with the potential hazards involved with the storage of Household Hazardous Waste in residential homes. All members voted in favor; none opposed; resolution adopted

DISCUSSION/REPORTS:

Bond Rating, County Auditor, Dennis Whitt – Mr. Whitt explained that he was going to report on the Cortland County’s Bond Rating being upgraded. He explained that he is distributing a copy of a letter that he has given to the Chairman of the Legislature regarding the fact that the County’s Bond Rating has been upgraded by Standard & Pours as a direct result of the Legislature’s oversight. Mr. Willcox expressed that it was nice to see an “A” in the bond rating. Mr. Whitt expressed that on the back page of the handout is a copy of the letter to the Chairman of the Legislature. He added that on the other page is a comparison rating scale, which will show you where we were and where we are now. A copy of the bond rating was distributed. Mr. Whitt expressed that in 2004 the issues were to put the finances in order and improve the bond rating. Mr. Whitt expressed that the letter that he has given to the Chairman of the Legislature will detail it all and explained that it points out where the County was in 2003 when Moody rated Cortland County’s bond rating and dropped the County from A to B – AA1. He expressed that this was a significant drop and added that this ends up costing the Cortland County taxpayers, when you bond, a quite a bit of money. He explained that what is significant here is that when the County went to Standards and Poors for the rating of this bond they reviewed our financial condition now, we were able to improve our financial condition, close books and overall are better off in the Treasurer’s Office and on the third floor than any time that he has been here. He additionally discussed his review of the records and the past poor rating of the County’s bond rating. Mr. Whitt expressed that this issue has been cleared up and that a great deal of credit goes to the Treasurer and the Treasurer’s Office. He discussed that the Treasurer’s Office has been the subject of a great deal of criticism, some of it from himself. He expressed that they held fast and when they were criticized they worked to fix problems and now they need to be given the credit they deserve. Additionally, Mr. Whitt expressed that credit should be given to the County Administrator who has been pretty tough on getting the financial information in order. He added that most of all, credit should be given to this Committee for shifting gears, in terms of how we were going to get this done, and working to ensure this is done. He added that this is over; it has been done. Mr. Whitt explained that this improved bond rating will save the County money when they bond. He further discussed that this will save the people of Cortland County. He explained that on this bond alone the County would save nearly $60,000. Mr. Whitt explained that the bond rating improvement should be credited to the Treasurer’s Office and County Administration. Mr. Whitt further discussed different bond ratings and added that he believes that if things are continued in the direction they have gone the County’s bond rating can improve. Mr. Whitt further discussed the savings involved in this improved bond rating. Mr. Whitt additionally credited the Chairman of the Budget & Finance Committee for his shift in gears as to the manner in which things were handled. Mr. Ferris explained that Mr. Whitt hit it on the head. He discussed the selling of bonds and the interest rate that came in was 3.99%. He further explained that there were ten bidders involved in this and that the rates ranged from 3.99% to 4.05%; they were grouped very closely. Mr. Ferris explained that the improved rating translates into about a .5% of interest reduction; $65,000 per $1 million borrowed for the life of this bond. He added that this would total approximately $650,000 over the life of this bond. He explained that he is confident that the County is doing well in regards to this. He discussed a bond anticipation note that was borrowed on last and the interest was significantly higher than this. He explained the process involved in borrowing against this bond. He further discussed the County borrowing on notes and the future improved interest rates for those notes. Mr. Ferris explained that even on short term borrowing the County will be better off. Mr. Van Dee thanked Mr. Ferris, Mr. Whitt and the Committee. He added that from day one the Committee has been on top of this trying to work together. He further discussed that there has been a few problems along the way. He discussed working together and being able to get things done. Chairman Brown expressed that years ago Mr. Van Dee, Mr. Cornell and Ms. Price were all here when it was brought to the attention of the Legislature that there was a need for professional financial individuals to help the County. She expressed that she would also like to thank that Committee. She further expressed that from those efforts Mr. Schrader and Mr. Whitt were hired. She stated everyone should be thankful that we are in the position we are in now and thank everyone for all their help. Mr. Van Dee expressed that this does not mean that we go to sleep now; we should continue to keep up the work.

2. Convention and Visitors Bureau; Tom Williams – Mr. Williams expressed that he was in attendance at this meeting, partially, as the Legislative Representative to the Convention and Visitors Bureau. He expressed that since last fall Mr. Dempsey has been scheduled to come before this Committee to address Convention and Visitors Bureau activities and how the use tax has been used/distributed. Mr. Williams expressed his concern that there have been a number of reasons why Mr. Dempsey has not been able to discuss these items before this Committee. Mr. Williams explained that Mr. Dempsey has been rescheduled a number of times and put on the next month’s agenda only to be rescheduled again for another month. Mr. Williams added that again this has happened, he was scheduled for February and now has been rescheduled for March. He explained that the problem is that there are a number of agencies and groups that Mr. Dempsey is dealing with that are anticipating funding through the Convention and Visitors Bureau Office. Mr. Williams expressed that Mr. Dempsey cannot cut a check until he receives authorization from the County to do so. Mr. Van Dee explained that this Committee has been busy. Mr. Van Dee expressed that this discussion needs to be done but he also expressed that it needs to be done when there is time to do so. Mr. Van Dee expressed that there are some issues there are questions on and it will take a bit of time, Mr. Ross agreed. Mr. Van Dee explained that this Committee is working on it and will continue to work on it. He additionally expressed that hopefully at the next meeting this can be addressed.

Property Taxes (past due) Extension of time to pay – Sandy Price – Ms. Price stated that she is not asking for any action to be taken today but would like to ask the Committee if there is any sentiment towards doing a resolution to extend the time for individuals to pay the back taxes on the properties that are going to be auctioned off for nonpayment of these taxes. She inquired if there is any inclination to do that from the Committee. She explained that she is aware of two property owners that would like to do this and reclaim their property. She expressed that the only way to do that now is by an act of the Legislature. Ms. Price added that in regards to this while she was checking into things, she learned the Treasurer’s Office could use some software to help assist in managing their installment plans. She expressed that most of the management of these installment plans is being done manually. Ms. Price explained that in this day and age with all the computers and programs that are available she feels that the Legislature should give them some tools to work with. Ms. Price expressed that there is a program out there in which people can pay all their fees, land taxes and other fees owed to the County, via credit card and there is no fee to the County. She expressed that this may be something that the County may want to look into. Mr. Van Dee expressed that it may help many people pay their taxes. Mr. Van Dee expressed that he would like to meet with Ms. Price to discuss this further. Mr. Van Dee recommended that this issue be put on next month’s agenda and the Committee address it then. Mr. Schrader expressed that he is looking into this not only for the Treasurer’s Office but for other Departments also. Mr. Willcox inquired how the County would avoid a charge on these credit card payments. Ms. Price expressed that the charge is charged to the user. Mr. Schrader expressed that a hefty fee is charged to the user. He also explained that there is a way to mitigate the charge to the user as well as to the County. He additioanlly explained this needs to be a competitive process and it needs to be for more than one Department. Mr. Schrader expressed that he is looking into a countywide program to allow the use of credit cards countywide. Mr. Van Dee explained this needs to be looked into further. Mr. Van Dee expressed the resolution allowing the payment of back taxes is something that is brought before this Committee annually. He explained that the Committee members determine whether or not it passes but it is something that is brought before the Committee annually. He expressed that he would like to see this resolution on next month’s agenda. He added that last year he does not believe that it was approved by the Committee.

4. County Attorney – Pending Litigation – Executive Session – Mr. Van Dee requested that Mr. Van Donsel explain why the Budget & Finance Committee should go into Executive Session. Mr. Van Donsel explained that he would like to bring the Legislature up to date on pending litigation. He added that there are two different items he would like to discuss in Executive Session. Mr. Van Dee inquired if there were any other items Committee Members would like to discuss before the Committee went into Executive Session. Chairman Brown inquired if the reason for going into Executive Session was to discuss the property litigation, or pending litigation. Mr. Van Donsel explained that the pending property litigation is one of the items that he would like to discuss in Executive Session and explained that the other is the Howe/Wood lawsuit. Chairman Brown explained that she has a problem going into Executive Session to discuss the pending property litigation. Mr. Van Dee expressed that he does not have a problem going into Executive Session to discuss this issue. Mr. Willcox expressed that he also has a concern with going into Executive Session to discuss the pending property litigation. Mr. Van Dee expressed, to Mr. Willcox, that he might feel different once he was in Executive Session but he could at any time make a motion to come out of Executive Session. Mr. Van Donsel expressed that he is available to speak with any Legislator that might wish to talk with him about the litigation. Mr. Van Dee called for a vote of the Budget & Finance Committee to go into Executive Session. There was no motion made by a Budget & Finance Committee member to go into Executive Session therefore the vote, which was taken failed for the lack of a motion. Mr. Van Donsel expressed that he is available to speak with Legislators. Chairman Brown expressed that she believes that this should be discussed publicly. Mr. Willcox expressed that he agreed. Chairman Brown expressed that with all that has been discussed publicly in regards to this, she cannot see why this should be discussed in Executive Session. She added that she feels this should be discussed publicly so that everyone knows what has been said. Mr. Van Donsel expressed that he would rather not discuss litigation and legal strategy in the newspaper. He added that he knows the other side has but he has not control over that. Mr. Van Donsel expressed that he does not feel that it is in the best interest of the County to discuss this publicly.

Mr. Van Dee asked for a motion to adjourn. Mr. Ross made a motion to adjourn the meeting; seconded by Mr. Clark. Mr. Van Dee adjourned the meeting at 8:13 a.m.