St. Lawrence County Finance Committee

St. Lawrence County Finance Committee Board of Legislators Monday, August 27, 2012 Board Room 5:30 P.M.

Members Attending: Mr. Morrill, Mr. Acres, Mr. Akins, Mr. Arquiett, Ms. Brothers, Mr. Bunstone, Mr. Burns, Mr. Lightfoot, Mr. MacKinnon, Mr. Paquin, Mr. Parker, Mr. Peck, Mr. Putman, Mr. Putney, Mr. Sutherland

Others Attending: Karen St. Hilaire, Kelly Pearson, Laurie Demers, Kevin Felt, Chris Boulio, Mike Crowe, Keith Zimmerman, Mike Cunningham, Mary Lou Rupp, Darren Colton, Kevin Wells, Joe Gilbert, Steve Button, Sue Hathaway, Chris Rediehs, Jennie Bacon, and Martha Ellen – Watertown Daily Times

1. CALL TO ORDER AND APPROVAL OF AGENDA – Chair Morrill called the meeting to order at 5:30 p.m. The agenda was amended to remove Resolution 8A, “Authorization to Modify the Sheriff’s Budget to Create and Fill a Clerk Position in the Sheriff’s Office / Correctional Facility”. Mr. MacKinnon asks to discuss the Emeryville Bridge, which was added as 4A. Mr. Peck moved to approve the amended agenda, seconded by Mr. Parker and Ms. Brothers, and carried.

2. APPROVAL OF MINUTES – Mr. Putman said a correction needs to be made to the fifth paragraph on Page 7. Ms. Brothers moved to approve the March 26 minutes as amended, seconded by Mr. Acres, and carried.

3. UPDATE FROM ST. LAWRENCE COUNTY TRAIL COORDINATOR – DEB CHRISTY – Ms. Christy gave a handout. She said she is taking a class on fund writing. She gave a report to the multi-use Trails Committee on August 1st, and will meet with the Chamber of Commerce next week. The horse riding club is excited, and it is their goal to have Otter Creek be like the trail in Lewis County. She also met with St. Lawrence County Mountain Bike Group. She went to Tupper Lake to find out where logging was going to be and alternate trails for this winter. There is a huge outdoor expo on September 23rd and 24th, in which she will set up a booth. We will be pushing for the UTV bill in January, and this is a great place to begin to start promoting St. Lawrence County for our future trails system.

4. THE STATE OF FOREST ADDRESS – DAWN HOWARD AND RUSSELL MARTIN Mr. Martin said there were two timber harvests conducted; one in Colton and the other in Parishville. There will be another timber harvest in Parishville soon, but estimating the value of the sale will be challenging because of storm damage. It has been a busy year working with the Youth Conservation Corp. The kids have been excellent in clearing trails, doing bridge work, hanging markers, and picking trash off the County land. The concerns are damage to the forest due to the storm in Potsdam; there was a lot of good timber lost. He has been working with the Sheriff to find who was responsible for dumping trash, vandalism from parties and spray paint. There has been a lot of work done on the snowmobile trails, and the grant will go in this week. Registration was low last year because of the dismal winter; if it does not snow people do not register the snowmobiles. He thanked Real Property and the County Attorney for their assistance.

Mr. Acres asked if there was an increase of trash being dumped. Mr. Martin said there are some spots, but he does not know if it was an increase.

1 Mr. MacKinnon asked if there were any problems with the pilot trail. Mr. Russell said there are no problems he knows of and it looks great.

Mr. Peck recognized Ms. Howard. Ms. Howard said there was more trash this year.

Mr. Burns said the Economic Enhancement Committee had maple producers do a presentation at their meeting. He said they expressed an interest in tapping trees on County land, and said there were concerns about tree rot. Mr. Martin said he would certainly be willing to talk to anyone about that. It is feasible, but we would want to know what they have in mind. Mr. Burns thanked him for being open to further discussion.

Mr. Morrill said he believed a lot of County forest was softwood, and asked if hardwood was available for tapping. Mr. Russell said there is a couple of spots it would be feasible.

Mr. Parker said he appreciated the efforts of the timber sales. He asked if that value is a sustainable value. Mr. Martin said for the next five years, it is sustainable. We will continue to see this for the next five years.

Mr. Acres asked how many acres the County owned. Mr. Martin said approximately 4,300 acres with 50% being softwood, 10% to 15% is swamp, and the rest is hardwood. Mr. Acres asked if the trees being harvested now are trees we planted. Mr. Martin said yes, a lot of it was planted by different organizations. Mr. Acres asked how old are the trees are. Mr. Russell said 75 years old.

4A. Mr. MacKinnon asked the County Attorney if research was done on the Emeryville Bridge. The bridge is an orphan bridge with no ownership, but rehabilitation was done to the bridge in 1980 by the County Highway Department. Mr. Crowe said his research found a similar bridge situation and the solution of the bridge was worked out by the County, owner and local town. His suggestion was to have a similar arrangement made. He proposed a group be informed to include the County, Town of Fowler and the Power Plant. An agreement could be made and brought back to this body for discussion. The bridge has been posted at three (3) ton, and is not in danger of having anyone fall through, but we need to find a solution before the situation worsens. He would like the group to come up with a resolution in the next 30 to 60 days.

Mr. Peck said this was discussed at the Highway Committee meeting, but asked what would happen if all the groups did not want to participate. Mr. MacKinnon said he spoke with Mike McDonald, and they do want to hear what the discussion is. They do not want ownership, but they do have a vested interest.

Mr. Burns asked what the scope of the committee would be, and if there would be discussions on the costs. Mr. MacKinnon said he hope to do just that along with cost estimates, time lines, and maintenance agreements. He said he will not ask the Board to do something that is open ended. Mr. Burns said he agrees that it should be looked into. The age of the bridge and cost of repair concerns him. He understands Mr. MacKinnon’s concern.

Ms. Brothers said the Furnace Street Bridge in Norwood was a different situation. It is a main bridge in Norwood, and it was a cooperative effort. Mr. MacKinnon said it is not the detail, but the concept we are trying to model this after.

Mr. Acres said since no one knows who owns the bridge there should be a presentation from Mr. 2 Bogart. He thinks the power authority owns the abutments to this bridge. He said we need to determine who owns it, and then we can look at the cost of repair. He wants to know how many people are using this bridge, and who will be affected.

Mr. Putman said he needs a lot more information to make an intelligent decision. Mr. MacKinnon said that he hopes this group will answer all questions and bring more information to the Board. Mr. MacKinnon said we cannot ascertain ownership as we cannot find anything to say who owns it. We have to attempt to come up with some kind of mechanism to establish ownership. It was built by John Cook and the County Highway. All the decking was put there by the County Highway. The only work done on that bridge in the last 20 years was done by the County Highway Department.

Mr. Parker said he would also like to know the impact of people in the community. He said he agrees with what Mr. MacKinnon is proposing. The condition is bad, and if there are alternatives he would like to know what those are.

Mr. Akins recognized Mike Cappellino, Town of Fowler Supervisor. Mr. Cappellino said the bridge gives access to an island. On the northwest end of the road, the bridge is in less than ideal repair. It is the only bridge to get out there, and there are about 15 or 20 families who live over there. He said we would like to work something out with the County. The wood deck is coming apart; he walked the bridge and came up with a handful of nails that were lying on the bridge. People are complaining of flat tires. The town board is willing to work with the County.

Mr. Peck said it is a wood deck bridge, and the cheapest fix would be to replace the wood. It will not solve the problem long-term, but it that would be a short-term fix.

Mr. Acres asked the status of determining who owns the bridge. Mr. Crowe said it was decided it was not part of the power project. The actual ownership is legally undetermined. He said we could bring legal action, and ask a judge to determine ownership. He said there are a lot of questions, and it is complicated. There are no legal proceedings. Mr. Acres said currently there are two bridges allowing access, and asked who owns the other bridge.

Mr. Morrill said he thinks a group would be valuable. There are a lot of questions, and that is the right path to take to get answers. We need to consider the people who use the bridge, and he said a resolution should be done.

Ms. Brothers said she will appoint the Highway Standing Committee and invite people from Town of Fowler and the Hampshire Paper Company to come to the meeting. Mr. Morrill said we need a resolution or straw poll vote.

A straw poll was taken to go forward with forming this group. Poll was carried by a voice vote of thirteen (13) yes votes, one (1) no vote (Acres), and one (1) absent (Arquiett)

Chair Brothers will appoint that committee at the next Board meeting.

5. TREASURER – KEVIN FELT

A. Authorizing the County Treasurer of the County of St. Lawrence County, New York, the Power to Authorize the Sale and Issuance of $12,000,000 Revenue Anticipation Notes of Said County in Anticipation of the Collection of Revenues to be received as State Aid by Said County in 3 the Current 2012 Fiscal Year of Said County (Res) – Ms. Brothers moved to forward this resolution to full Board, seconded by Mr. Bunstone, Mr. MacKinnon, and Mr. Putman. Mr. Felt said it is time to pay the State the $8.5 million dollar Revenue Anticipation Note (RAN). The County has struggled and is vulnerable as we have not received money from the tribal compact fund; cash is short. He said he talked with fiscal advisers and they advised that we borrow $12 million this year.

Mr. MacKinnon said there comes a point where the borrowing is limited. He asked if borrowing will have a negative impact on the County’s credit rating. Mr. Felt said yes, it may. He said the interest rates are better than they were a year ago at this time; they will be 1% to 1.5%. Mr. MacKinnon said he thought we would be borrowing the same amount, and that we would not have to expand that amount.

Mr. Lightfoot asked what the costs associated with borrowing this money were. What is the interest rate, and will we get a premium. Mr. Felt said he did ask about the premium and it is likely that it will happen again. The interest rate last year was 1.5 % and it may be lower this year. The fees for the fiscal advisors are $12,000 or $14,000. The premium last year was $33,000.

Ms. Brothers said she does not like to borrow like this amount but, it is what it is. We will do the best we can to move up and out, it will be a struggle, but we will do it. We need to be realistic about what we need.

Mr. Burns asked what effect the change and bond rating have on our costs. Mr. Felt said there are higher interest rate, and an associated increase in risk. Mr. Burns said cost will be the same because the interest rate will drop. He said he was surprised it is $3.5 million more, and wanted to know how we got there. Mr. Felt said you appropriated $4 million in the fund balance and $3 million in tribal compact that has not been received yet. Mr. Burns asked about slow reimbursements from New York State, and if it has adversely affected us. Mr. Felt said yes, payment is slow and we have not received anything in April and May. Mr. Burns asked if this is a trend with other counties as well. Ms. St. Hilaire said she heard it was, and that other counties are doing the same thing we are.

Mr. Parker said while he appreciated the position Mr. Felt is in; he wondered if the timing was right. Mr. Felt said it will be mid-September to the end of September before the County would receive the money. Mr. Parker asked if the State would catch up on their payments by then. Mr. Felt said no. Mr. Parker asked how we got here, and if there is a plan for getting out. He finds it difficult to support this without a plan. Ms. St. Hilaire said that is part of the budget process. Time is needed to work on this. It will be a three to five year plan to get out of this mess. Mr. Parker asked if this is a one year note, and if it would be renewed. Ms. St. Hilaire said it probably will not be the last, and we are doing a lot of analysis of how we got here. She said the Budget team is getting things together to come up with solutions. Mr. Parker asked for a presentation at the full Board meeting. Ms. St. Hilaire said the next Budget meeting is the day after the full Board meeting. Mr. Parker asked if this resolution should we delayed. Mr. Felt said to wait would be risky.

Mr. Akins asked if borrowing the $12 million was going to be enough as we missed out some discounts last year. He wants to make sure this is enough money to be able to take advantage of the cash discounts, as these cash discounts are huge. He said we make decisions every week to continue with programs that add to this problem. He said it is wrong for the Board to sit here and say it is awful say and not know if it will be approved.

Mr. Putman agrees with Mr. Akins on the points he makes. The thought of risking not being able to 4 make payroll is unacceptable. It is clear that the fund balance is low, and we need to do this. He said he has worked with this financial company and he respects their advice. He wholeheartedly supports this resolution.

Mr. Acres said this Board can not make the cuts. The easy cut to make was the CHHA, and the majority of Board members voted to save the CHHA. This resolution should not be a big surprise. The real responsibility lies with the Board and the County Administrator; we are the ones responsible.

Mr. Morrill said he would like to see the cash balance for every month since we borrowed the money, as he does not think we need to borrow that amount. He thinks we may need $8 million. It is the job of the Administrator of funds to manage cash, and he thinks borrowing $12 million makes that job very easy. He would like to see cash balance at the next Board meeting. He is going to vote against this because it is easy to borrow.

Mr. Lightfoot asked if those figures could be easily gotten. He said the $8.5 million barely took care of what the needs were. He asked Mr. Felt if he thought $12 million was needed. Mr. Felt said yes. The reasons being the appropriation of $4 million to fund balance, not receiving the $3 million from the compact funds, and the State is in arrears $13 million. Mr. Lightfoot said Ulster County had to borrow $30 million to cover a shortfall because of the State’s lack of timely payments.

Mr. Bunstone asked what was spent out of fund balance when we borrowed the $8.5 million. Mr. Felt said the $8.5 was just cash, and it is not part of fund balance. Mr. Bunstone said he had concerns with borrowing that much. Mr. Felt said looking into the cash flow, the projected cash flow was negative $9 million.

Mr. Parker said he is concerned with the last remarks. The cash flow clearly resides with this Board, and it is the actions of this Board that has made this.

Mr. Morrill said it is the job of the County Administrator and the County Treasurer to maintain cash. This will be a cushion to help the Treasure sleep at night. Ms. St. Hilaire said Mr. Felt showed you the projection is $9 million in the hole, and was advised not to borrow more than one year at a time. Mr. Morrill said he was not saying he was not responsible, but this is cash and cash is not the balance sheet.

Ms. Brothers called question, seconded by Mr. Paquin, and carried.

Motion carried by a roll call vote of ten (10) yes votes, four (4) no votes, and one (1) absent (Arquiett).

6. REAL PROPERTY – DARREN COLTON

A. School/Village Corrections/Refunds Recommended to School/Village Boards July 2012 (Info) B. Town Corrections/Refunds Under $2500 Per Annum Recommended to the SLC Treasurer’s Office July 2012 (Info)

Mr. Burns asked if Mr. Colton was aware of any sizable assessment values that are out there. Mr. Colton said the Iroquois Dam and he thinks we will be approached to participate in that suit.

5 Mr. Burns said that is the gas line from the Town of Waddington to the Town of Fowler, and it could be quite sizable. Mr. Colton said it will be multi-town and probably multi-county.

Mr. Bunstone moved to recess the Finance Committee meeting at 6:55 p.m. to hold the Public Hearing, seconded by Ms. Brothers and carried. The Finance Committee meeting was called back to order at 7:30 p.m.

7. PUBLIC HEALTH – SUE HATHAWAY

A. Setting a Date for a Public Hearing on Local Law (No.__) for the Year 2012, a Local Law Prohibiting the Use of Tobacco Products upon Real Property Owned or Leased by St. Lawrence County (Res) – Mr. Bunstone moved to forward this resolution to full Board, seconded by Ms. Brothers. Ms. Hathaway said this has been passed by the Board of Health.

Mr. Burns asked Sheriff Wells about enforcement of this local law and if he has officers that will be patrolling County property for smoking. Sheriff Wells said no.

Mr. Peck said he does not think we can uniformly enforce this law, and he will oppose this resolution as he does not like having laws that cannot be enforced.

Mr. MacKinnon said in Section 4, Paragraph B says within reasonable distance; he asked what the reasonable distance was. Mr. Gruda said it is defined above.

Mr. Parker asked what the ideas of enforcement are. Ms. Hathaway said it is spelled out in the law, and the premise we will go on has been proven to be effective at schools and hospital. She said education is the key. There will be a long period of getting that done. No one considers smoking where it is not allowed now, and people accept this. She does not think enforcement will be an issue. Mr. Parker asked the County smoking rate is in regards to the rate in New York State. Ms. Hathaway said tobacco use in St. Lawrence County is 27%, and the New York State rate is 15.5%. There is a serious problem with tobacco use in the County.

Ms. St. Hilaire said part of education is to help people quit and to use cessation programs.

Mr. Parker asked how much it is costing St. Lawrence County for smoking related issues. Ms. Hathaway said for Medicaid costs the New York State health care costs for tobacco use are $8.17 billion, and 7% of the New York State Medicaid expenditures are allocated to treat tobacco related illnesses. That equates to $10.6 million per year for St. Lawrence County. The Centers for Disease Control and Prevention estimates Employers pay $3,856 per smoker per year, and that equates to $937,000 a year for St. Lawrence County.

Mr. Acres said he understands, but asks if it should include banning smoking in a person own private car. He thinks this unenforceable. He said a better idea is to have the employees that do smoke have a bigger contribution to health care cost. For him, it is about an individual’s rights.

Ms. Brothers said she feels this is going further than she can accept. She strongly disagrees with saying a person cannot smoke in their own personal vehicles. The County has an enormous amount of land or property to even be able to consider monitoring. The law will be neglected. Ms. Hathaway said the real issue is people’s health. If employees are able to go to the parking

6 lot and smoke on their breaks, this will not work. Ms. Brothers said it is not her place to tell people how to live. She asked how many other counties have this particular piece of legislation. Ben Gruda said 5 out of 62.

Ms. Hathaway said we all have to have licenses to drive a car, have it registered, and wear seat belts. There are many things governed by legislation in private vehicles. Tobacco use kills more people than Aides and heart attacks; this is why we are pushing for it. It is a very preventable, and it is the single worst thing you can do to your health.

Mr. Peck said the part that bothers him most is not smoking in personal vehicles. He said everything stated is accurate. He understands and appreciates other employees who do not smoke. He agrees with it all, but he does not agree with not telling someone they cannot smoke in their car. You will not stop a person from smoking; you are just stopping them from smoking at a particular place. Ms. Hathaway said it is well documented that employers who do not allow employees to smoke is a big incentive to quit.

Mr. Putman said all the schools in the counties have stopped smoking on school property for a long time. He said 20 or 30 years ago 20% of people smoked, and now it is 2% to 3 %. We are paying for the health insurance, and everyone who smokes is costing the taxpayers a ton of money. Ms. Brothers said she appreciates what Mr. Putman says, but it is one thing to monitor school property and another to monitor all of County property.

Mr. Acres said it is about individual responsibility, and when you take that away it takes away freedom. People need to be individually responsible for their own safety. He does not want to restrict individual responsibility.

Ms. Hathaway said it is not only the employees; it is people who come on County property.

Mr. Morrill said our health insurance is $19.3 million in this year’s budget. And in 2013 he thinks it will be over $20 million and the cost is pushed up by smokers. If we can encourage people to quit, we should. It is not up to the Sheriff to enforce, it is peer pressure. Motion carried.

A. Authorizing the Chair to Sign the Emergency Preparedness Program Contract for the Public Health Department (Res) – Mr. Bunstone moved to forward this resolution to full Board, seconded by Mr. Burns. Ms. Hathaway said this is a renewal of a contract. Mr. Acres asked what the contract consisted of. Ms. Hathaway said after September 11th, it was determined that Public Health needed to be more involved in preparedness. Such as running an emergency clinic in serious events, and preparing us to continue to do what we do. Motion carried.

8. SHERIFF – KEVIN WELLS

A. Authorization to Modify the Sheriff’s Budget to Create and Fill a Clerk Position in the Sheriff’s Office / Correctional Facility (Res) – this resolution was removed. B. Modifying the 2012 Sheriff’s Office Budget (Res) – Mr. Peck moved to forward this resolution to full Board, seconded by Mr. Burns. Sheriff Wells said the money would be taken out of equitable sharing. Motion carried.

7 Sheriff Wells said there are 189 inmates in the jail at present. He said the facility is running excellent. He has concerns with the population; there are 109 inmates that are not sentenced yet. It should be closer to an even split.

Mr. Burns asked how the staffing levels were. Sheriff Wells said the staffing levels are adequate. Mr. Burns said the staff is doing an excellent job over there. Sheriff Wells said there is stress that goes along with having so many inmates. A nurse from Public Health is now working at the jail, and one RN position was eliminated. Nurses are spending time doing data input and they should be using their skills for other things. He said he removed the resolution to fill this position, as he will try to make it work without filling this position, but he may be back at another time to request filling it.

Mr. Acres asked what portions of inmates are in on non-violent issues. Sheriff Wells said the majority of inmates are in because of Opiates and other drug-related issues.

9. HIGHWAY – TOBY BOGART

A. Authorizing the Chair to Sign an Extension of Contract for Snow and Ice Control on State Highways (Res) – Mr. Acres moved to forward the resolution to full Board, seconded by Mr. Putney. Mr. Parker asked if there were any changes in the amounts. Ms. St. Hilaire said there are no changes; it is the same as last year.

Mr. Burns asked if it was pass-through monies. Ms. St. Hilaire said yes. Motion carried.

10. EMERGENCY SERVICES – JOE GILBERT

A. Authorizing the Chair to Sign a Contract with Barton & Loguidice, P.C. to Prepare an All- Hazards Multi-Jurisdictional Hazard Mitigation Plan for St. Lawrence County (Res) – Mr. Parker moved to forward this resolution to full Board, seconded by Mr. Bunstone. Mr. Gilbert said it is paid for through grant funding. There were four proposals and Barton & Loguidice was chosen. Mr. Burns asked if this is a modification of what we have now. Mr. Gilbert said yes, but this is not just St. Lawrence County, it is multi-jurisdictional. Mr. Burns asked the cost. Mr. Gilbert said the grant was $75,000 and the bid was $65,000. It lowers our contribution to $25,000. This will become the basis for our future plans for County-wide exercises and drills.

Ms Brothers asked about ice storm exercises. Mr. Gilbert said incidents we want to practice have been identified county-wide. The list is identified, and now the locations need to be identified.

Mr. Morrill asked if the County portion is in the budget. Mr. Gilbert said there is no cost from the county. Motion carried.

B. Authorizing the Chair to Sign the Memorandum of Understanding for the Creation of the Adirondack Regional Interoperable Communications Consortium (Res) – Mr. Burns moved to forward this resolution, seconded by Ms. Brothers. Mr. Gilbert said this is another consortium, and this one is with counties to the East. It makes sense to incorporate with counties close to us. This allows us to compete for grants; you can only compete if you are in a consortium. There are only five counties not in a consortium, and they are prohibited from being 8 in a consortium. Motion carried.

Mr. Peck asked how the hiring of part-time employees was going. Mr. Gilbert said there were interviews on the 22nd and four were selected. Those selected will leave on the 29th for training. Mr. Peck asked if the four part-timers will be receiving benefit packages. Mr. Gilbert said two of them would be.

Mr. Burns asked if this would resolve some overtime. Mr. Gilbert said yes, it will.

11. INDIGENT DEFENSE – MIKE CROWE PUBLIC DEFENDER – STEPHEN BUTTON

A. Authorizing the Chair to Sign a Contract for the Division of Criminal Justice Services Aid to Defense Grant (Res) – Ms. Brothers moved to forward this resolution to full Board, seconded by Mr. Parker and Mr. Bunstone. Mr. Button said this resolution is to accept funding. This grant was discovered and money is available annually. The money will go into the Indigent Defense Budget. Mr. Burns asked if this is new grant. Mr. Button said yes, and we can receive 2010 monies too. We should receive $28,000. Ms. St. Hilaire said Mr. Button has done a wonderful job at finding more money. He has done a tremendous job. Motion carried.

12. COUNTY ATTORNEY – MIKE CROWE

A. Modifying the 2012 Budget for Assigned Counsel (Res) – Mr. Bunstone moved to forward this resolution to full Board, seconded by Mr. Putman. Mr. Crowe said some voucher from 2011 did not get process until 2012, and the Oxley trial cost $90,000. Expenditures are up and we need more money in contingency. Costs are up and the loss of personnel in the Conflict Defenders office contributes to this.

Ms. Brothers asked if Oxley was the only repay issue. Ms. St. Hilaire said there are a lot of repays. Ms. Brothers asked how this works. Mr. Crowe said it is a court order, we send bills and we get checks on a regular basis. Mr. MacKinnon said nobody has enough money to pay a lawyer. He asked if the repays were pursued progressively. Mr. Crowe said we do some follow- ups, but we do not actively follow people around. Mr. MacKinnon asked if it is possible to use Department of Social Services people to investigate. Ms. St. Hilaire said we should do an accounting of the repays that we have and where we go from there.

Mr. Burns said this resolution basically doubles the 2012 budget. He asked what we are looking at in 2013. Ms. St. Hilaire said she hopes we will hire more attorneys in the Public Defender’s and Conflict Defender’s Offices. Mr. Burns said the totals have been about $500,000 to $600,000 per year. This money will come out of contingency, and he asked what is left. Ms. St. Hilaire said roughly $100,000.

Mr. Peck said that is $250,000 that we have absolutely zero control of. Ms. St. Hilaire said we have no control over Indigent Defense, and it is an out of control cost. Motion carried with one (1) no vote (Morrill).

13. GOVERNMENTAL SERVICES – MIKE CUNNINGHAM

A. Modifying the 2012 Planning Department Capital Project Budget for the Former J&L Site

9 Environmental Remediation Program (Res) – Mr. Peck moved to forward this resolution to full Board, seconded by Mr. Parker and Mr. Lightfoot. Mr. Cunningham said this is a house keeping resolution. The total cost is about 90% funded by the State. He needs to add appropriations to pay the bills. It is not coming from contingency; it is just increasing appropriation and contingencies. Motion carried.

Mr. Cunningham said they have done the onsite work for the 18 acres. There should be a draft of the final report in late September or early October. The Department of Environmental Conservation (DEC), Camp Dresser & McKee (CDM), and the County are working well together.

Mr. Morrill said the other 36 acres is part of the superfund site. He said CDM is now called CDM Smith and he requested this be changed in the resolution. He said he is hoping that there will be a need to investigate the soil under the buildings, which will make a reason to remove the eye sores.

Mr. Cunningham said the next step is the subdivision of the property, and he is hopeful we can get a record of decision (ROD) on the 18 acres. Mr. Burns said it could be a valuable site with the rails. We need to get to a point to market that.

Ms. St. Hilaire thanked Mr. Cunningham and Mr. Crowe for their work. They did an incredible job.

14. COUNTY ADMINISTRATOR’S REPORT – KAREN ST. HILAIRE

A. Authorizing the Chair to Sign a Contract with Nancy Rose Stormer P.C. and Whiteman Osterman & Hanna LLP for the Recovery of Local Medicaid Dollars (Res) – Ms. Brothers moved to forward this resolution to full Board, seconded by Mr. Lightfoot. Ms. St. Hilaire said she had a conversation with Nancy Rose Stormer. She has recovered a million dollars each year. She sued the State and won. The budget this year from the Governor has closed off some of the avenues she uses, but she believes she has found other way to find ways to recover more money for us.

Ms. Brothers said that meeting was so informative and also frustrating. It is apparent that the State was willing to give us a settlement. We did not take it, and we are being reimbursed where other counties are not. We have nothing to lose.

Mr. Lightfoot said it is essentially no cost to the County. It is paid in addition to it; it is a contingency fee based on what she is able to recover for us. He said he was impressed at the depth of their knowledge. The State has set up roadblocks, but he came away with a good feeling and the likelihood of success is very good.

Ms. St. Hilaire said she has recovered $4 million dollars for us.

Mr. Morrill said the last whereas needs to indicate paid in addition by the State. Ms. St. Hilaire said the State is responsible for all the legal costs.

Ms. Brothers said St. Lawrence, Herkimer and Niagara Counties did not take the settlement. Motion carried. 10 Ms. St. Hilaire said part timers began getting full benefits in 1992.

There will be an audit done by the Comptroller’s office. They will be coming here, and we will be giving them tons of information in the next few weeks. Mr. Mackinnon asked if this was in response to Ms. Brothers’ letter. Ms. St. Hilaire said no.

15. OLD/NEW BUSINESS

Ms. Brother said if anyone needs to reach her to call her cell phone for the next few weeks.

ADJOURNMENT – Chair Morrill adjourned the August Finance Committee meeting at 8:52 pm. as there was no further business.