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.