9/25/07 - Lawsuit challenges Conflict Attorney Office

(As published by Cortland Standard, Aimee Milks reporting)

Three Cortland County attorneys filed a lawsuit Friday in state Supreme Court that seeks to abolish the county’s Conflict Attorney Office.

The lawyers claim the local law that created the office in November 2006 violates state law and infringes on the court’s authority to appoint attorneys for poor clients.

The lawsuit asks the court to declare the law invalid and have the county do away with the conflict attorney who was hired in August.

In addition, the lawyers — Frank Williams, Edward Goehler and Randolph Kruman — want resolution over recent controversy with the Conflict Attorney Office.

The lawyers say they are unsure whether they should follow the conflict attorney when being assigned counsel, a 1984 assigned counsel plan set up by the Cortland County Bar Association or an Aug. 17 order by Cortland County’s two judges, who also declared the local law invalid.

In the order, County Court Judges Judy Campbell and William Ames took away assigned counsel responsibility from the conflict attorney and placed it with the courts.

“There are three things we are supposed to be obeying and we don’t know which one to abide by,” Williams said. “As lawyers we can come to which one we think, but that’s not binding. We want it to be resolved by a judge.”

The lawsuit names as defendants the county, county administrator, county Legislature, county Family Court, County Court, Surrogate Court, Ames and Campbell, and the Cortland County Bar Association.

Williams said the courts and the bar association are nominal defendants. Nominal defendants are not “guilty” of anything, but have a stake in the subject matter of the case and will be affected by a ruling.

“We welcome the lawsuit filed by three individual attorneys,” Ames and Campbell said in a joint statement Monday. “The suit is meant to obtain clarification from the courts on Local Law No. 1. We look forward to the resolution of issues raised by the suit.”

County Administrator Scott Schrader said he thinks it is too late for the attorneys to file for a declaratory judgment because the statute of limitations of the state Municipal Home Law Rule under which the local law was created is four months.

“As for the lawsuit itself, it claims that Local Law No. 1 is invalid. I stand by the comments I made when it was drafted,” Schrader said. “It’s providing an economical solution to a costly program. So for the lawyers to sit there and object because they aren’t receiving the same amount of money, they aren’t thinking of the taxpayers or the indigents, they are thinking of themselves. This isn’t about lawfulness for them, this is about money.”

9/21/07 - Key questions remain after special session

(As published by Cortland Standard, Corey Preston reporting)

A special legislative session Thursday failed to yield anticipated answers on two key questions: a new site for the county’s motor vehicle office and the Legislature’s response to a judge’s ruling that the county breached a contract by backing out of an agreement to purchase property on south Main Street.

Discussion of the motor vehicles site was conducted, as expected, in executive session.

Legislators did not narrow down a list of four potential sites, instead opting to pursue purchase options on all four properties and, once prices for the properties are locked in, discuss the options publicly before making a final decision.

Meanwhile discussion of how the Legislature should respond to the lawsuit was delayed until the Legislature’s regular Sept. 27 meeting. State Supreme Court Justice Phillip Rumsey’s ruled against the county Sept. 6 in a lawsuit brought by the Moose Lodge.

Legislators said after the meeting they were hoping to receive more information prior to the Sept. 27 meeting on the potential cost of accepting Rumsey’s ruling and negotiating settlements with the Moose Lodge and other property owners involved in the $894,000 land deal who have also pursued legal action.

“We just don’t have a lot of the hard numbers yet,” said Legislator Kay Breed (R-Cortlandville).
“I think that was the problem with this thing in the first place, we moved forward without knowing all the facts, so I’m fine with waiting until we have all the information.”

Rumsey did not rule on what was owed to the Moose Lodge for the breach of contract, but Russ Ruthig, attorney for the Moose Lodge, has suggested that his clients, who have since received another purchase offer for $200,000, would be willing to settle for $50,000 — the difference between that offer and the county’s original offer of $250,000 — plus various legal expenses.

At a meeting of the Budget and Finance Committee Thursday morning, County Attorney Ric Van Donsel was asked how much, in light of Rumsey’s ruling, it would cost the county to make amends with the various property owners involved.

Van Donsel, drawing from settlement offers received at different junctures from various property owners, suggested a cost of roughly $200,000. But after Thursday night’s session, he said “the biggest unknown piece,” is the outstanding lawsuit filed by Charles and Michael Wood, owners of the Robbins Vending property at 159 Main St.

Potential settlement costs

Moose Lodge, 158 Main St. The county originally agreed to pay $250,000 for the property. Since the county backed out of the deal, the Moose Lodge received a purchase offer from McNeil Development for $200,000, and has indicated it will accept damages of $50,000, plus legal fees and back taxes, from the county.

Robbins Vending, 159 Main St. The county originally agreed to pay $300,000 for the property owned by Charles and Michael Wood. Dirk Oudemool, attorney for the Woods, originally offered a settlement figure of $120,000, but Oudemool has since said he needs to calculate true damages.

8 Randall St. The county originally agreed to pay $96,000 for the property. Since the county backed out of the deal, owner Annamaria Maniaci sold her home for $9,000 more than the county had agreed to pay, however she claims in a lawsuit the county’s retreat from the original deal cost her $13,000 in various expenditures, and is asking the county to pay the $4,000 difference.

6 Randall St. The county originally agreed to pay $73,000 for the property owned by Steve Lissberger, who when contacted by County Attorney Ric Van Donsel about a settlement prior to the argument of the Moose Lodge case, gave Van Donsel a settlement figure of $12,000, Van Donsel said.

9 William St. The county has not received any request for this property owned by Mark and Linda Abbatiello.

11 William St. The county originally agreed to pay $90,000 for the property of James and Yvonne Cole. Once Rumsey’s ruling was handed down, attorney Russ Ruthig, who represents both the Coles and the Moose Lodge, made an offer to Van Donsel offering to accept damages of $20,000 from the county.

So why did they have a special meeting one week before the regular session, only to bump around with "settlement costs", then go into Executive Session on the four potential DMV sites?

If anyone attended the meeting, please let me know your thoughts by replying to this post or emailing me at celoomis@gmail.com.

9/15/07 - Lawsuit topic of special legislative session

Legislature will meet Thursday to plan response to ruling in Moose Lodge lawsuit

(As published by Cortland Standard, Corey Preston reporting)

The Cortland County Legislature will meet at a special session Thursday to discuss how the county will proceed following a judge’s ruling last week that the county breached a contract by backing out of a deal to purchase property on south Main Street.

The meeting will also include discussion of potential sites for the county’s motor vehicles office, which will be presented by the special committee that has been looking at the county’s various space needs.

Judge Phillip Rumsey ruled that the county breached a contract to purchase the Moose Lodge property at 158 Main St. when, after initially voting to purchase the property for $250,000 in December of 2006, it voted to back out of that decision a month later.

Rumsey did not award the Moose Lodge a specific amount of money, but the attorney for the Moose Lodge has said his client would accept the county either going through with the purchase for $250,000, or paying $50,000, the difference between the county’s agreed-upon price and a $200,000 offer the owners received after the county backed out of the deal.

Thursday’s special meeting will include discussion of how the county responds to Rumsey’s decision, Legislature Chairman Marilyn Brown (D-8th Ward) said, and how it intends to handle a similar case being brought forth by other property owners involved in the land deal.

Charles and Michael Wood, owners of Robbins Vending, have sued the county for backing out of its agreement to purchase two parcels at 159 Main St. for $300,000, and are asking for the county to go through with the purchase, or pay $120,000 in damages.

That case has yet to be argued in front of Rumsey.

“No. 1, I think the legislators need to address the issue of Mr. Van Donsel wanting to appeal Judge Rumsey’s decision, and while we’re discussing one, we ought to discuss the other one, because they’re clearly the same issue,” Brown said.

County Attorney Ric Van Donsel sent a memo to legislators after the ruling was handed down recommending that the county appeal Rumsey’s decision.

Van Donsel has declined comment on the matter, saying he wanted to discuss it first with legislators.

So let me get this right. The County is still pursuing the DMV options even with the first-round loss of the Moose lawsuit? I can certainly understand why you'd want to keep things moving, but this will certainly have an impact on any DMV decision.

If they do not appeal the decision, rest assured that the other properties will get in line with their hands out for settlement money.

If they do appeal the decision, should the County actually move forward with the DMV site options? Would the South Main site be a good spot for the DMV? It should be considered if the too-small combined Health facility was considered for that location.

Stay tuned for Friday's post, I am sure it'll be a doozie.

9/15/07 - Incumbent refutes challenger mailing

(As published by Cortland Standard, Evan Geibel reporting)

The Democratic 2nd Ward incumbent facing a primary has taken issue with a mailing sent by her challenger the week before the primary.

Incumbent Shannon Terwilliger (D-2nd Ward) is running for her third two-year term against primary challenger Clay Benedict.

The winner of Tuesday’s primary will appear on November’s ballot as a Democrat.

Terwilliger objected to a mailing sent by Benedict over the second half of the week. The blue card lists a variety of issues, with one column under Benedict’s name indicating his support of an issue and a column under Terwilliger’s indicating her lack of support.

Benedict, who declined to be interviewed for this article, says on the card that he circulated petitions supporting a study to stop the flooding; Terwilliger pointed out that she voted to allocate the $10,000 for half of the study, which would be split with the county.

Benedict says that he worked to elect Oneida County Democrat Mike Arcuri to Congress; Terwilliger said she also carried petitions and worked on Arcuri’s campaign and that Benedict should have remembered that fact.

Benedict says that he worked to prevent the former home of industrialist George Brockway on West Court Street from being converted into a multi-family apartment complex and that he “fights for enforceable codes and stronger enforcement.”

Terwilliger said that she does not think “anyone wants a multi-family apartment complex behind the Brockway House, but it’s in the hands of the Planning Commission.”
Benedict promises, in the mailing, to support the winner of the Democratic primary.

Terwilliger said she would pursue a write-in candidacy if she does not win the primary because she believes “it’s important to hear from all of the voters.”

Terwilliger and her husband, city Planning Commission member Tom Terwilliger, are the owners of The Local Bookstore, Mando Books on Main Street in Cortland and in Vestal, as well as the Red Jug Pub on Central Avenue. They have two children and live on Grace Street.

Benedict is a retired Homer Elementary School teacher. He and his wife, Gail, live on Homer Avenue. They also have two children.

9/15/07 - Infighting ushers in Democratic primary

Incumbents defend seats as party endorses challengers in 2nd, 4th wards.

Bob Ellis/staff photographer
Neighbors on Lincoln Avenue have differing views on who should be their next Common Council representative. The primary will be held Tuesday

(As published by Cortland Standard, Evan Geibel reporting)

On Tuesday, tensions between two sitting aldermen and some members of the Democratic Committee will see at least partial resolution.

Aldermen Shannon Terwilliger (D-2nd Ward) and Nick DeCarlo (D-4th Ward) face off against Clay Benedict and Brian Tobin, respectively, in a Democratic primary that has left the incumbents feeling abandoned after their party endorsed the challengers.

Terwilliger and DeCarlo, the only incumbents in the county facing primary challengers, announced their candidacy jointly after a Common Council meeting on March 20 — anticipating the contests with Benedict, who sent out a press release announcing his bid for the Ward 2 seat a week later, as well as Tobin.

On June 14, the Democratic Committee met to endorse its slate of candidates for this year’s elections. Committee secretary Sean Mack said approximately 40 to 50 people were in attendance and that a quorum was exceeded including both those present and those represented via proxy.

Each committee member’s vote — there are two committee members per district — is weighted based upon half of the number of people in the district, regardless of party affiliation, who voted for the Democratic candidate in the last gubernatorial election.

The 84 members of the Democratic Committee have a combined weighted vote total of 5,875, Mack said, and there were 4,118 weighted votes present at the meeting in the form of proxies and members in attendance. A quorum amounts to a majority of the total number of weighted votes.

According to Mack’s notes from the meeting, Benedict received the Ward 2 endorsement overwhelmingly — 3,942 votes for Benedict versus Terwilliger’s 199 votes. The Ward 4 endorsement tally was closer, with Tobin receiving 2,425 votes against DeCarlo’s 1,731 votes. Some committee members abstained from certain votes, Mack said.

Although Mack was unable to provide the exact number of committee members at the meeting, both he and Democratic Committee member Michelle Farron said it is not unusual for many of the votes to be cast via proxy.

Tom Terwilliger, Shannon Terwilliger’s husband and a member of the city Planning Commission, had asked Farron in advance of the meeting to attend personally and cast her own vote. Farron said she would not have it any other way, and endorsed, in person, Benedict and DeCarlo.

Terwilliger and others have alleged that many of the endorsements for Benedict had been proxy votes and that it did not adequately represent the wishes of the party; Farron said that of those present, those endorsing Benedict amounted to “quite a landslide.”

Tobin announced his candidacy publicly within the next few days, but Democratic Committee Chairman and county Election Commissioner Bill Wood would not confirm the endorsements for a June 20 Cortland Standard article.

Mayor Tom Gallagher, a Democrat, did not receive the party’s endorsement either although he is running unopposed for his third term. In May, he sent a letter to Wood and members of the Common Council — including Democratic Committee members DeCarlo, Terwilliger and Susan Feiszli (D-6th Ward) — announcing his candidacy and indicating he was interested in the party’s nomination.

“I think it’s very unfortunate that they’ve taken the position of not supporting an incumbent mayor, and at this point, I don’t understand why the party would not endorse two sitting council people,” Gallagher said.

Mack said that during the committee meeting, the committee likely “fully intended” to endorse Gallagher, but if no one was on hand to make the mayor’s case, it’s entirely possible that the endorsement, although important, “slipped through the cracks.”

“It’s kind of a flowing program,” Mack said. “The bottom line is, don’t take anything for granted.”

Since the endorsements, Terwilliger and DeCarlo have alleged that Wood and other high-ranking party officials orchestrated the primary challenges.

In an interview Friday morning, Tobin said he had approached the Democratic Party with his intention to run for a city office.

In a letter to the editor published in Thursday’s Cortland Standard, Benedict said “I am not running for office because anyone in any position in the party wants me to.”

Although he indicated a willingness to speak to a reporter earlier this week, Benedict has since declined to be interviewed.

His dissatisfaction with the Cortland Standard stems from controversy surrounding independent nominating petitions filed by Terwilliger and DeCarlo near the end of August.

Both incumbents filed petitions as members of the Crown Citizens Party (which they created) on Aug. 21, the deadline for filing. The independent nominating petitions would have allowed Terwilliger and DeCarlo to appear on the ballot no matter what the outcome of the primary.

But those challenges were rendered null and void after Wood researched state Election Law and found a section that requires candidates to accept the nomination of a party other than the party that they are registered as a member of.

Although the two aldermen had submitted a coversheet indicating their creation and acceptance of the Crown Citizens Party nomination, Wood said the law requires the candidates to fill out an official form, which they had not.

In his 10 years in the Board of Elections office, Republican Election Commissioner Bob Howe said he has never seen that point brought up.

Howe said Wood researched the law and found the provision after the five-day period for filing an official nomination acceptance form had passed. The form was due Aug. 24.

The candidates were informed about the final fate of their petitions on Sept. 5 at a hearing scheduled to review challenges filed against the petitions the week before.

Citing technical problems with the petitions, one resident of each ward filed the challenge to the respective petitions.

But 2nd Ward resident Ann Doyle later said Wood had presented her with a challenge with her name already on it, and misrepresented what the challenge meant — when she signed it, Doyle said she believed that it was a challenge to Terwilliger’s Democratic nominating petition.

Doyle claimed she would not have submitted the challenge if she had known it would potentially prohibit Terwilliger from appearing on the ballot in November’s election, should the incumbent lose the primary.

Wood said before Doyle’s admission that he had not seen the objection to Terwilliger’s petition, and held firm afterward.

Terwilliger said Wood had been actively seeking a reason to throw out the petitions she and DeCarlo submitted because the challengers had not filed independent nominating petitions of their own, leaving Benedict and Tobin off the ballot should they lose the primary.

Terwilliger said she had heard that independent nominating petitions for Benedict were being circulated.

Benedict has firmly stated that he neither circulated nor gave anyone permission to circulate an independent nominating petition on his behalf.

An Aug. 30 article in the Cortland Standard quoted an elections office employee as confirming that Democratic Committee member and former mayor Mary Leonard brought an independent party petition from the 2nd Ward to the office Aug. 21, two days after the deadline for filing such petitions.

That employee, Democratic elections clerk Sandra Harrington, has since clarified her remarks, saying she was not sure who the petition was for or what ward it came from. She said Wood was present in the office at the time and spoke with Leonard about the petition.

Wood would not clarify what petition or petitions had been brought in that day, nor would he confirm that such petitions ever existed.

Harrington said she is certain that Leonard brought in at least one independent petition, but that the petition was not filed because of the missed deadline.

On Friday, Leonard emphatically denied that she had attempted to file an independent nominating petition for Benedict, and was not clear on whether she had attempted to file anything that day after the deadline.

“I didn’t try to file anything,” Leonard said, and later added, “It’s none of your business.”

9/14/07 - County faces choice on health insurance administrator

(As published by Cortland Standard, Corey Preston reporting)

The county is weighing whether to stay with its current health insurance administrator, which is accepted by more health care providers, or switch to a new one, which offers an annual overall savings.

The county Personnel Committee was presented Thursday with five responses to a request for proposals for a third-party administrator, the company that administers the health insurance plan for county employees and retirees.

Along with a proposal from the county’s current health administrator, RMSCO, the only other viable proposal, according to the Syracuse-based Benefit Consulting Group Inc., came from a company called POMCO.

POMCO submitted a $707,968 proposal for a three-year agreement, which is $122,000 less annually than RMSCO’s $829,859 proposal, County Administrator Scott Schrader told the committee.

RMSCO is accepted by approximately 89 percent of the top health care providers used by county employees, Schrader said, while POMCO’s network includes 79 percent of the those providers.

Additionally, making a switch to POMCO could bring significant administrative burden, Schrader and County Personnel Director Annette Barber agreed, as the approximately 750 individuals and families receiving health insurance through the county would have to be re-enrolled, and there could be glitches or changes in the administration of the plan.

For instance, when the county began using RMSCO in 2004, the company was more adherent to the county’s outlined coverage guidelines than the previous provider, Blue Cross/Blue Shield, and the result was some county employees not getting the coverage they had received previously.

“The transition to RMSCO is over,” Barber said.

Barber, when asked which company she preferred, said she understood the interest in saving money, but she felt the county should continue with RMSCO to avoid administrative problems and hassles for county employees.

9/14/07 - Election commissioners salaries again at issue

County Legislature fails to enact local law that set salaries at $26,384 by not properly advertising the law.

(As published by Cortland Standard, Corey Preston reporting)

While the county awaits a judge’s decision on a lawsuit brought against it by its two election commissioners, the commissioners’ salaries again became an issue Thursday at a meeting of the Personnel Committee.

Republican Election Commissioner Bob Howe informed the committee that a local law passed by the Legislature in December 2006 setting both his and Democratic Commissioner Bill Wood’s salaries at $26,384 was never officially adopted.

The Legislature passed the local law in response to the commissioners’ complaint that Howe and Wood’s salaries were unequal — a violation of state Election Law, Howe and Wood said — due to longevity pay based on Howe’s 10 years on the job versus Wood’s one.

The Legislature responded by removing the commissioners from the management compensation program that awarded them longevity pay, and setting their salaries at $26,384.

The commissioners then sued the county, claiming that it did not have the right to lower Howe’s salary, which had been about $30,000, in the middle of his two-year term, and that Wood, who was being paid $25,600, was owed retroactive pay to match Howe’s higher salary.

The case was argued in March before state Supreme Court Justice Kevin Dowd in Norwich, however Dowd has yet to issue a decision.

Because the county did not properly advertise the creation of the local law, both Howe and Wood are being paid this year based on a $23,200 salary established by local law in 2001, Howe said. “I’m just asking that it be done properly,” he said.

County Administrator Scott Schrader said the problem with the creation of the law was that, while the county advertised the measure, it did not include the disclaimer that the law was subject to permissive referendum.

“Because the law changed their salaries mid-term, the county was required by law to let the public know that if someone gathers enough signatures, the law could be put to referendum,” he said.

Schrader said he became aware of the issue in February, and sent a memo to county officials and the Legislature indicating that the law simply needed to be advertised again, and if no petition was brought forth, it could be officially enacted.

9/13/07 - County continues search for psychiatrist

Legislature will consider second contract with employment agency to fill job temporarily

(As published by Cortland Standard, Corey Preston reporting)

Still lacking a full-time psychiatrist at its Department of Mental Health, Cortland County is now considering settling for a temporary doctor to fill a glaring need.

The Legislature’s Health Committee voted Wednesday to support a second contract with an employment agency, this time to provide a temporary psychiatrist for the department’s clinic on Grant Street.

The contract would pay the doctor provided by Georgia-based employment agency LocumTenens.com a daily rate of between $125 and $200, depending on the doctor’s experience and specialties.

The contract also requires the county to pay a fee of $50 for every calendar day that the doctor is employed by the county.

Should the temporary psychiatrist eventually be offered a full-time position, which the committee was hopeful would happen, the county would owe LocumTenens $28,000 for recruiting the candidate.

That aspect of the agreement is unchanged from the original agreement with LocumTenens, which was for the provision of a nontemporary, full-time candidate.

That first agreement with LocumTenens yielded just one candidate, said Mike Kilmer, director of administrative services for the department.

“It was an individual who couldn’t see children, and he needed a visa waiver — he just wasn’t a fit,” Kilmer said.

Kilmer told the committee that the need for a psychiatrist is growing increasingly dire with the Oct. 1 resignation of Dr. Susan Watrous, who had delayed resigning from the county’s Horizon House day treatment facility in order to assist the department.

Watrous has been working one-day a week for the department, serving as the doctor signing off on treatment plans developed by the department’s clinicians.

She also serves as the physician collaborator for the department’s psychiatric nurse practitioner, allowing the nurse practitioner to see patients.

Kilmer said he was considering applying for a waiver from the state Office of Mental Health that would allow patients’ primary care physicians, untrained in psychiatry, to sign off on treatment plans.

“I can’t even say how thankful we are to all the physicians that have stepped up, even though they might be uncomfortable, to help people get their medications,” Kilmer said.

Primary care physicians have been asked by the department to write prescriptions for psychiatric medications in the absence of a staff psychiatrist.

9/13/07 - IDA-BDC’s head to direct CNY economic development

Linda Hartsock will begin working for Empire State Development Sept. 24 while still living in Homer.

Bob Ellis/staff photographer
Linda Hartsock poses in her office Wednesday after announcing she is leaving the Cortland IDA-BDC.

(As published by Cortland Standard, Corey Preston reporting)

Cortland County’s economic development leader announced Wednesday she will be leaving her position to take on a similar but broader post with a state economic development agency.
Linda Hartsock will begin work as regional director of Empire State Development’s Central New York office Sept. 24.

Her last day as executive director of the county’s Business Development Corp./Industrial Development Agency, a position she has held since 1999, will be Sept. 21.

Hartsock’s annual salary at the BDC-IDC is $77,200 this year. Her salary at Empire State Development will be $110,000.

Hailed by BDC-IDA Chairman Paul Slowey as “Cortland’s best cheerleader” during her tenure at the agency, Hartsock said she plans to continue to live in Homer, and hopes to continue to advocate for the county from her new position, which oversees, along with Cortland County, Cayuga, Oswego, Onondaga and Madison counties.

“I think if there’s one thing I want people to know, it’s that everything I’ve said about Cortland, all the enthusiasm, I truly believe all of it,” Hartsock said. “Our whole family changed our life to come here and we love it here … I hope (in the new position) to give Cortland a bigger and better voice at the state level.”

Slowey said Wednesday that he was in the process of forming a search committee, made up of BDC/IDA members and other community leaders, to find a replacement for Hartsock.

Karen Niday, the current Empire Zone coordinator for the county, will serve as interim director, Slowey said.

“I think our agency is in great shape and Karen is fully equipped to handle things day to day … I
don’t feel at all desperate, or anything like that, to have somebody to fill her shoes immediately,” Slowey said, adding that having someone hired by early December and able to start work by early January would be a reasonable goal. “(Hartsock has) helped us create a great infrastructure here, now we have to continue to build it.”

Both Slowey and Hartsock noted that the search committee might look for a replacement with significant experience as a real estate or industrial developer.

The BDC/IDA is developing the 260-acre Finger Lakes East business park on Route 13 in South Cortland, and is looking at promoting and developing similar parks in Polkville and Preble.
Hartsock noted that a strategic plan developed recently by the BDC/IDA, which stressed the development of business parks and further real estate development for businesses, could serve as a template for what the search committee is looking for in a candidate.

“Talk about great timing,” Hartsock said of the strategic plan, which was developed this summer. “I think based on that we may be looking for someone with a strong real estate or industrial development background.”

Both Hartsock and Slowey said they expected candidates for the position to emerge from across the state.

“Our agency has sort of become a role model throughout the state, so I don’t think we’re going to be at a loss for qualified candidates,” Slowey said.

In her new position, Hartsock said she would be doing similar work to what she’s done at the BDC/IDA, “organizing people, business outreach, connecting businesses programs New York state has to offer,” albeit on a more regional scale.

“What I like about this group and the new agenda they’re shaping for upstate New York is the focus not just on traditional economic development but on community development, on building places,” Hartsock said. “Anyone who’s talked to me knows I really believe that more and more people are making life decisions based on the communities themselves.”

Before taking her current job in Cortland, Hartsock worked as president and chief executive officer at Patten for Progress in Newburgh, a nine-county regional planning, research, policy and development organization.

She also served on the faculty of Marist College in Poughkeepsie, her alma mater, in the School of Communication and Arts from 1986 to 1999.

From 1982 through 1993 she was senior consultant for Wade Associates in Hyde Park. She worked as director of college relations/information services at Marist College from 1977 to 1982.

9/13/07 - County may study energy use

(As published by Cortland Standard, Corey Preston reporting)

The county will undergo an energy audit this fall to determine if wholesale changes to lighting, heating and other energy uses in its buildings could save money.

Dave Laney, a representative of the New York Power Authority, told the Legislature’s General Services Committee Tuesday that Cortland County had been identified by NYPA as a municipality with potential in terms of saving on energy costs.

“Just looking at the age of the buildings, the type of lighting … you could have a potential energy project here,” Laney said.

Laney outlined the process through which NYPA would do a full evaluation of the county’s energy resources, looking at lighting, heating, air-conditioning and ventilation, motors and other energy users in county buildings.

If the county goes forward with the project, NYPA would bankroll the needed changes, which the county would need to pay back with interest, Laney said, but it is not obligated to go through with the changes.

“In good faith, if we deliver something economical for the county, we’d expect you to proceed … but you don’t have to,” he said.

NYPA considers any energy project that will pay for itself in savings within 10 years a worthwhile project, Laney said.

Noting that Cortland County spends a little less than $800,000 annually on energy, he said that NYPA averages about 20 percent in annual savings for its clients, meaning the county could hypothetically save $160,000 per year.

FINALLY! Finally the County does something right!!! Unfortunately, it was probably due to NYPA contacting the County, but hey - at least they didn't say no.

When I ran for Alderman 2 years ago, one of my points was to get energy audits on municipal buildings and reign in our energy hog facilities. We waste ton of energy and this is an easy opportunity to help the taxpayers save. It is too bad it has taken so long for the County to get engaged, but a good start.

There was more in the C-S article, but this captures the intent,

Hooray!

9/12/07 - Price rises for County Courthouse renovations

(As published by Cortland Standard, Corey Preston reporting)

Cortland County has until March 31 to “substantially complete” the second phase of renovations of the County Courthouse or else it risks losing state funds for the project, the county Legislature’s General Services Committee learned Tuesday.

Phase II of the courthouse renovation, which will renovate the space on the third-floor of the building recently vacated by the law library, will cost roughly $520,000 said Russ Oechsle, district executive of the Sixth Judicial District.

That cost was initially intended to be entirely state funded, Oechsle said, but roughly $40,000 in needed heating, ventilation and air conditioning work was not included in the original cost analysis, and that work is not eligible for full state reimbursement.

Additionally, because the motor vehicles office has not yet been moved out of the courthouse, the county will need to fund temporary renovations to make space for departments in flux during the renovations, County Administrator Scott Schrader said.

Schrader estimated after the meeting that the cost of the temporary renovations — which would involve moving the County Clerk’s Office into the neighboring Records Office on the first floor and moving the District Attorney into the Clerk’s Office — would be approximately $15,000.

Schrader told the committee that the county’s architects had presented plans that called for the county spending between $100,000 and $300,000 on temporary renovations, but said he felt a simpler solution could be reached.

The committee agreed that Schrader should attempt to come up with a more cost-effective solution.

“I just think it’s foolish to spend money like that to renovate and then turn around and renovating again,” said Legislator John Daniels (D-Cortlandville).

Schrader drew his $15,000 cost estimate from the two far more broad architectural plans. “The big thing is getting a counter in there for the clerk, and some of the general stuff. We probably shouldn’t worry about new carpeting and finishing at this point,” Schrader said.

The Records Office will eventually become the permanent home of the county clerk, while the district attorney will eventually have renovated consolidated space on the first floor of the courthouse.

ANOTHER CALL FOR A MASTER PLAN!!! C'mon, letting an accountant put together a cost estimate for relocations? From far more broad architectural plans? Nothing that has anything to do with renovating costs $15,000. And based on Mr. Schrader's past cost estimating, I am betting this is going to be way off as well.

And the reason why the cost is $40,000 higher is because the mechanical and electrical work was EXCLUDED?? How does this happen and no one sees it?

Bottom line, the taxpayers have to foot the bill for an oversight on the County's part in my opinion. Ask your Legislator why we're paying for mistakes!

MASTER PLAN!!!!

9/11- County considers backup 911 center

Recent failures at dispatch center prompt $100,000 proposal to convert C’ville Fire Station into second 911 center.

(As published by Cortland Standard, Corey Preton reporting)

Three recent failures at the county dispatch center, believed to stem back to an Aug. 24 electrical storm, have prompted county officials to consider setting up a secondary dispatch center for emergency situations in Cortlandville.

The former Cortlandville Fire Station on Route 281 already has some of the needed infrastructure to become a secondary dispatch center, primarily the ability to “tone,” or directly ring the alarm of area fire departments, the Legislature’s Judiciary and Public Safety Committee was told this morning.

To outfit the facility with three dispatch consoles, the capability to network with the county’s computers and radio capabilities could cost approximately $100,000 County Administrator Scott Schrader said.

However Schrader, Sheriff Lee Price and Fire Coordinator Bob Duell stressed that the county cannot afford to have significant gaps in its dispatch services.

“We have to do everything we can, we can’t miss a call if our system goes down,” Duell said. “I think you have to have a backup to everything, especially something like this, and it probably needs to be done as soon as possible.”

On Aug. 24, a lightning strike knocked the dispatch center out of service for about one hour and 45 minutes, Schrader told the committee.

The 911 system went out again Saturday for 10 minutes, Duell said, and Monday for 40 minutes.

The county has preventative measures such as lightning arrestors set up to deal with lightning strikes, Schrader said, but the lightning apparently infiltrated the building not through typical power lines, but through telephone lines.

“Honestly I think it caused more damage than a direct hit would have,” Schrader said.
The two other recent systemic problems are believed to be related to the lightning strike, Schrader said, and the county is working to repair glitches in the system.

The county has asked the vendor who sold the county its new dispatch machines, which were installed earlier this year, to look at ways to mitigate the problems.

Financially, the repairs will likely be covered by the county’s insurance, Schrader said.
“I’m not necessarily concerned about another lightning strike, but it’s clear that there’s a need for a backup system,” Schrader said.

When the system goes down, the city currently serves as the backup public-safety answering point, Schrader said, however the city does not have toning capabilities, or the ability to do computer aided dispatch.

Because there is no toning capability when the dispatch center is down, a call goes out to all fire departments to man their radios for any instances of emergencies.

During the Aug. 24 storm, Price said he and Duell stationed themselves in the communications tower on Tower Road and relayed calls from the city to the various fire departments via radio.

“It’s a rudimentary method that can work for a very short term, but if we have a situation where we need a backup station for a couple of weeks, that’s not going to get it done,” Schrader said.

The potential secondary center in Cortlandville would be unmanned, meaning there would be a brief hole in dispatch services while county dispatch officers were in transit, but the center would have all the necessary capabilities that the primary center has, Schrader said.

The committee agreed that it was worth looking at a secondary site in Cortlandville, and asked Schrader to develop a plan outlining how the project would work and how much it would cost.

They made lightning arrestors / surge protection for phone lines. Might cost less than $100K to do this rather than dump a ton of money at the Cortlanville fire station (and would keep future maintenance costs as well.

Just another example of spending more money rather than finding a better solution.

9/7/07 - Plan would direct flooding solutions

Subcommittee calls for study to evaluate where projects are needed and their impacts

(As published by Cortland Standard, Corey Preston reporting)

With myriad flooding problems in the county in several areas, the county subcommittee on flooding agreed Thursday that the county needs a comprehensive plan to address those issues one by one.

The committee, which is made up of legislators, city aldermen, county planning officials and other community members, agreed that it is difficult at this point to prioritize and focus on one area in the county because so many areas are affected.

It decided to pursue developing an all-inclusive study of the county’s numerous flooding “hot spots,” which would allow community leaders to effectively organize and prioritize any mitigations they undertake.

If the committee could solicit the support of flood-ridden municipalities in the county, Bernie Thoma of Thoma Development noted that the study could potentially be funded by state money earmarked for inter-municipal cooperation.

“I think what we need is some kind of comprehensive approach that helps evaluate where we’re going to need to do projects, what sort of impact they would have,” said Legislator and committee Chairman Carol Tytler (D-3rd Ward).

The comprehensive plan would set criteria for determining which issues should take priority, similar to long-term plans used by highway departments in addressing highway repairs.

However, Amanda Barber, director of the Cortland County Soil and Water Conservation District, noted flooding issues can change rapidly.

“This plan is not a typical plan, you can’t predict like other infrastructure,” Barber said. “You’re going to need to be constantly reassessing, reprioritizing … you could have one hot spot one year, but then another year it’s farther down stream.”

The committee agreed the study should be flexible, and should include specific criteria for prioritizing problems and changing the document for future community leaders.

Thoma said the first step in developing such a plan would be determining a scope of the plan, which Barber and County Planning Director Dan Dineen said they would work on.

Then, Thoma said he would solicit cost estimates from consulting firms, after which the committee would need to forge partnerships with municipalities in order to apply for state funding.

OK, now wait a minute - - so the County want to spend lots of money for a comprehensive plan to study flooding issues, which are always changing. Constant updates, lots of attention, etc., etc., etc.

BUT still no comprehensive plan for facilities? Now they are going to have to deal with the "loss" in the South Main Street deal, while plowing through with options for a DMV site? I hope that one of the four potential sites was the Moose.

Please ask your legislator what they are doing about a County facilities master plan!

9/7/07 - Judge: County Moose Lodge contract valid

(As published by Cortland Standard, Corey Preston reporting)

A state Supreme Court judge ruled Thursday that the county breached a valid contract when it voted in January to void its agreement to purchase the Moose Lodge on south Main Street.

Judge Philip Rumsey found that the county — when legislators initially voted in favor of purchasing the Moose Lodge for $250,000 in December — entered into a binding contract, and that the subsequent cancellation of that contract in January was not legal without the Moose Lodge’s consent.

The ruling does not address how much the county will owe the Moose Lodge for the breach of contract.

However, based on another purchase offer received by the Moose Lodge after the county backed out of the deal for $200,000, attorney Russ Ruthig said that $50,000 plus interest and court expenses would likely be amenable to his client.

From the county’s standpoint, Rumsey’s decision is harbinger for two other cases related to the south Main Street land deal, in which nine parcels were involved at a total cost of $894,000.

A case against the county, in which the owners of Robbins Vending ask for the county to proceed with the agreed-upon $300,000 purchase of two parcels at 159 Main St., is awaiting argument in Rumsey’s court.

A third potential suit looms from property owner Annamaria Maniaci who filed a notice of claim against the county in June, but has not yet filed suit.

Maniaci wound up selling her home for $9,000 more than the county had agreed to pay, however she claims the county’s retreat from the original deal cost her $13,000 in various expenditures, and is asking the county to pay the $4,000 difference.

Legislature Chairman Marilyn Brown (D-8th Ward) said that Rumsey’s ruling “opens the door” for similar rulings on the other legal actions against the county.

“If we breached a contract, the others have to be breached too, I would think,” Brown said.
Brown, while she said she was concerned about the rising legal costs to the county, said she agreed with Rumsey’s decision.

In a press release issued this morning, Brown questioned County Attorney Ric Van Donsel’s “performance and legal advice” to the Legislature.

Brown said, through the press release, that she had approached Van Donsel prior to the January meeting at which the purchase was revoked, and told him that, once the sellers had been notified, she felt the Legislature could not reconsider.

“I went to his office and told him that, but he was basically saying the Legislature can do what they want to do,” Brown said. “Now we’re stuck in this legal battle, and he wants to appeal the judge’s decision, but I want to know at what point this is going to end? How much money do we have to spend fighting this when the judges’ ruling is perfectly clear?”

8/31/07 - Committee narrows search for DMV office to 4 sites

Final selection process will include public comment and thorough review; Legislature will look at options in Sept.

(As published by Cortland Standard, Corey Preston reporting)

Legislators are taking a much more cautious tack as they seek a new location for the county’s motor vehicle office in the aftermath of the debacle surrounding the county’s efforts to purchase properties along south Main Street.

The full Legislature, at a still unscheduled special session in early September, will get its first look at a list of four potential sites for a new motor vehicles office, said Carol Tytler (D-3rd Ward), who chairs the county space needs committee that developed the list.

The Legislature will have the option of narrowing that list down before the county administrator would secure options on the remaining properties, locking in a price for each.

At that point, according to Tytler, the potential sites would be made public and would be subject to numerous public meetings before the Legislature would vote on any particular site.

“Clearly it’s a matter of learning from the south Main situation,” Tytler said. “All along we’ve wanted to do this very methodically, make sure all the legislators have all the information, and make sure the public has an opportunity for input before we actually vote.”

When the Legislature first voted in favor of purchasing nine parcels along south Main Street for $894,000 in December 2006, with the intent of building a Public Health Facility, some legislators community members complained they had not been informed of plans for the project.

The public outcry prompted the Legislature to reverse its decision in January, which led to lawsuits from some of the property owners involved in the deal, who claimed that the county had entered into a legally binding contract.

8/31/07 - Judge raps conflict attorney position

Calls impromptu press conference in Family Court to air his views

(As published by Cortland Standard, Aimee Milks reporting)

CORTLAND — A county judge used a Family Court case as a platform Thursday to question the validity of the county’s newly formed Conflict Attorney Office. Defense attorneys called the venue inappropriate.

Judge William Ames questioned how the office is being administered and how cases are assigned. He said the problem is that the office is being administered by the Public Defender’s Office.

With news media on hand, at the invitation of Ames’ office, Ames addressed the mother and father sitting in the courtroom, whose case is at the center of the argument over the conflict attorney position.

“You’re probably saying, ‘How did I get dragged into this.’ It’s a complex issue. It’s a serious
issue. Anything that has to be done has to be done in court and it’s your case,” Ames said.

The mother and father’s case became an issue when Ames pulled Conflict Attorney Tom Miller from representing the mother, and reassigned her case back to the Public Defenders’ Office.

Public Defender Keith Dayton said his office could not represent both clients and filed an Article 78 lawsuit against Ames in response.

Ames, who spoke for more than an hour, expanded on his and fellow County Judge Julie Campbell’s reasoning for removing Miller from numerous Family Court cases.

“The way the plan is being administered through the Public Defender’s Office is illegal, even if it was created legally,” Ames said, citing a June 2006 letter from an administrative judge saying the program should not be administered by a public defender, judge or county attorney.

Ames said the court had received assignment letters on Public Defender stationery, that some assigned counsel letters were actually signed by Dayton and that assigned counsel administrator Lynette Manning answers her phone “Public Defender’s Office.”

Manning is responsible for assigning conflict cases from the Public Defender, both to Miller and to outside attorneys in an assigned counsel pool.

The administrative judge’s letter notes that assigned counsel should be entirely separate and independent from the public defender.

Miller, who has been on the job since Aug. 6, confirmed Thursday that a few assignment letters were sent to his office on public defender stationary, not assigned counsel administrator’s stationery.

8/29/07 - Strip of Page Green Road flawed

County, contractor in dispute over who will pay for $500,000 reconstruction

(As published by Cortland Standard, Corey Preston reporting)

A portion of the work completed on the reconstruction of Page Green Road last year will need to be redone this fall, county officials said Tuesday.

Due to issues with the quality of materials used, the portion of Page Green Road spanning from its intersection with Ely Road to its intersection with Congdon Lane, which was completed last summer, will need to be completely redone, County Highway Superintendent Don Chambers said.

“We’re seeing some pavement failure areas,” Chambers said. “The road has cracked some places and we’ve had to do repair patches on potholes that have developed.”

The quality of the materials used for the road — the asphalt and the granular subbase — don’t appear to meet specifications outlined in the county’s contract with contractor Contour Construction, Chambers said.

Contour Construction, which is based in Binghamton, has been directed to begin work on redoing that roughly 1 mile portion of road, likely by September, Chambers said.

The cost of reconstructing the road would be about $500,000 he said, but who is responsible for covering that cost is a matter of dispute.

The contractor is contesting that it is responsible for the problems, claiming the engineer for the project, O.M. Popli, is responsible for approving materials, said County Administrator Scott Schrader. Officials of O.M. Popli did not return a message left Tuesday on their answering machine.

Schrader said that the finished product meeting specifications is the responsibility of the contractor.

“The work’s going to get done regardless,” Schrader said. “The question is will it be done at an additional county cost or will it be the responsibility of the contractor.”

David Black, president of Contour Construction, was onsite on Page Green Road Tuesday, overseeing work being done further north on the road; however, he declined to comment.

Schrader said the issue could wind up in court if Contour Construction continues to refuse to pay for the additional work.

The county contracted with Contour Construction to complete Phase II of the Page Green reconstruction, which spans from just south of Saunders Road to Congdon Lane, at a cost of $3.4 million, Chambers said.

Eighty percent of the project is federally funded, 15 percent will be paid with state funds, and 5 percent of the cost will fall to the county, he said.