1/31/07 Failed county land deal could end up in court
After initially voting in favor of acquiring 2.4-acres spread out over nine separate parcels for $894,000 in December, the Legislature on Jan. 25 voted to rescind the original resolution, and a revote on the matter failed.
The properties were to be used for an approximately 30,000-square-foot public health facility that was to house the departments of Mental Health and Public Health, and carried a total price tag of approximately $5.5 million.
Lawyers representing three of the six property owners involved in the deal said Tuesday that they believe the Legislature’s original vote validated the county’s contracts with their clients, and both said they would be proceeding with closing procedures regardless of the county’s latest decision.
“We think there’s a contract there, so we’re going to go deliver them the title documents and ask them to close,” said Russell Ruthig, a Cortland attorney representing the Moose Lodge, which owns three parcels involved in the deal, and David Cole, who owns one, at 11 William St.
“We have a binding agreement that was concluded on Dec. 22, and the county doesn’t have any ability to break that contract any more than if you signed a contract and said tomorrow, ‘I changed my mind.’”
Ruthig said he had been in contact with Cortland attorneys Larry Knickerbocker, who represents Mark and Linda Abbatiello, of 9 Williams St., and Calvert Fitts, who represents the owners of Robbins Tobacco, both of whom agreed that the county is still bound to its initial vote.
“We’re taking the position that the contract is valid, and we’re looking to move forward with the transaction,” Knickerbocker said. Fitts could not be reached for comment, but both Ruthig and Knickerbocker said Fitts told them he would take a similar course. Two other property owners involved in the deal, Steve Lissberger, who owns the property at
Neither Ruthig nor Knickerbocker would say what the next step would be should the county decline to move forward with the acquisitions, but both said they were committed to their positions and would continue to pursue legal avenues to compel the county to proceed.
Legislature Chairman Marilyn Brown (D-8th Ward), who has supported the project since its inception, said she was not surprised by the property owners’ recourse. “It’s not something I’m surprised about at all, especially with the two commercial properties,” Brown said. “As far as I’m concerned, we go ahead with the closing, but what the county attorney will say, I don’t know — he hasn’t given me any information to this point.”
Legislature official requests probe of land purchase
Allegations of impropriety surrounding the county’s bid to purchase property along
Majority Leader Ron Van Dee (D-5th Ward) said today that he plans on forming a three-person committee to investigate the process with which the county reached agreements to purchase $894,000 worth of property along
The committee will be chaired by Legislator Sandy Price (D-Harford and Virgil) and will also likely include Tom Williams (R-Homer) and John Troy (D-1st Ward), Van Dee said. “We’re not witch hunting, we’re not out to chop heads off, we’re not out to point fingers,” he said. “I’ve just got a lot of questions and I know others do to, and if mistakes were made, we want to know it.” Minority Leader Danny Ross (R-Cortlandville) agreed.
“I think it’s a good thing, I think we need to see where the money’s gone,” Ross said. Price said she hoped to be able to do a thorough investigation within a time frame of 30 days. “I think everyone wants to know exactly what transpired, and I want to be able to give a written report to the Legislature and the public giving an exact timeline of what was done,” Price said. “I look at it as a fact-finding mission, and I want to be fair and open about the whole process.” Van Dee declined to elaborate on what issues he wanted the committee to address, saying he would leave that up to the committee, but he recently questioned, for instance, the county’s decision to pay Cinquanti Real Estate $38,000 prior to closing on the properties.
That payment to Cinquanti — which was originally questioned by Kathy Wilcox, one of the residents opposed to the public health project and a real estate agent herself, with Yaman Realty — apparently caught the attention of County Attorney Ric Van Donsel. In a memo to Legislature Chairman Marilyn Brown (D-8th Ward), Van Donsel, claiming a conflict because of a close friendship with Cinquanti, said he would retain
Brown countered by questioning Van Donsel’s authority to hire an outside attorney without legislative approval.
“I answered his memo and said that I don’t know under what authority he’s hiring an attorney when, to my knowledge, there hasn’t been anything forthcoming about him having a conflict or about this being an issue,” Brown said.
Van Donsel responded to Brown’s memo with a memo of his own that cited County Law 501, which states: “The county attorney may employ council to assist in any civil action or proceeding brought by or against the county.” Brown said she was not going to get into a legal argument with Van Donsel, but said she did not know of any legal action against the county at this point. Van Donsel could not be reached for comment regarding the hiring, and neither could Baranello.
5th, 8th ward residents call for master plan
A week after vocal opposition from some residents of the 5th Ward helped derail plans for a public health building on
At a meeting of the 5th and 8th wards at the County Office Building, residents called on the county to develop a master plan in coordination with the city to avoid an outcry similar to the opposition to the public health building proposal.
“Where is the master planning process in all of this?” asked Vincent Minella, of
Diane Batzing, of
Legislator Ron Van Dee (D-5th Ward) and Aldermen Dan Quail (R-5th Ward) and Tom Michales (R-8th Ward) agreed that a comprehensive master plan would be a good next step, and Van Dee said he would bring the idea up with other legislators.
Meanwhile residents also were adamant that the county and its municipalities try to consolidate services whenever possible.
“That’s where we need to be going, consolidation,” said Ann Gebhardt, of
Van Dee noted consolidation is always difficult, because agencies don’t want to give up control, and Quail noted that eliminating certain levels of government can potentially eliminate access for residents.
“I think one thing you get with less layers with government is it gets a little difficult to get a problem taken care of right away,” Quail said.
Still, Van Dee and Quail agreed consolidation should always be considered, and both pointed to the consolidation of the city and the county’s 911 dispatch centers as examples of consolidation working.
Regarding the proposed project on south Main Street, residents were pleased with the county’s decision to cancel the property acquisitions, and said that, although they would be open to discussing other uses for the property, they hoped for a commercial development.
“I think there could be a good business in there, I think we should be aiming higher,” said Barry Batzing, Diane Batzing’s husband.
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