Audit&Finance20051026

Epikulbass

Informations

• Publié par: Ontea
• Nombre de lectures: 12
• Langue: English

Extrait

Honorable Charles E. Houghtaling, Jr. and Members of the Albany County

Legislature:

LADIES AND GENTLEMEN:

The Audit and Finance Committee of the Albany County Legislature met on

October 26, 2005. Chairperson Commisso, Messrs. Domalewicz, Houghtaling, Joyce,

Monjeau, Riddick and Ms. Benedict were present. Mr. Dawson and Ms. Comella

were excused. The following items were discussed and/or acted upon:

Approving Previous Meeting Minutes: Unanimously approved.

1. Authorizing an Agreement Regarding Single Provider Services to Administer the

County’s Health Insurance Plan:

Human Resources Commissioner Robert

Conway, Deputy Commissioner Cathy Connors and the County’s insurance

consultant, Stephen Locey, appeared before the Committee. The Committee was

informed that the Personnel Committee earlier in the evening discussed the

proposal at length before tabling it. The Audit and Finance Committee also

voted unanimously to table the proposal.

2. Authorizing Agreements Regarding Participation in the Verifying NY Program

to Combat Medicaid Fraud and Abuse in Albany County and Amending the 2005

Albany County Budget: County Comptroller Michael Conners informed the

Committee he is pursuing an RFP for the purchase of a computer program to

identify Medicaid provider fraud. The State next year will reimburse counties

100% of the cost of computer hardware to target Medicaid fraud. The County

Executive also has incorporated a plan in his 2006 proposed budget to set up a

fraud auditing system within the Department of Social Services. After further

discussion, the Committee voted unanimously to table the proposal.

3. Resolution No. 346: Public Hearing on Proposed Local Law No. “E” for 2005: The

Committee considered agenda item Nos. 3 and 4 together. Following a discussion

reported below, the Committee voted unanimously to table the resolution.

4. Local Law No. “E” for 2005: A Local Law of the County of Albany Amending

Local Law No. 6 for 1995 Authorizing Installment Payments of Delinquent Real

Property Taxes: Jeffrey Neal, Director of the Finance Division, and Anthony

DiLella, Deputy Director, were present to respond to questions. The proposal

would allow owners of non-residential properties to pay delinquent property

taxes in installments over two years, after an initial down payment of 20% of the

outstanding taxes due, to avoid foreclosure. A similar plan has been in effect for

owners of residential and farm properties since 1995. Residential properties are

defined as one, two and three-family and seasonal residences. A report prepared

by the Finance Division showed the Division this year has mailed tax

delinquency notices to the owners of 3,902 parcels of residential property and the

owners of 2,373 parcels of non-residential property. Mr. Commisso said the

proposal to extend the installment plan to owners of non-residential properties

would put the County in the position of serving as the banker for businesses and

corporations, in essence granting them loans to pay delinquent taxes and in the

process negatively impacting the County’s cash flow. Mr. DiLella told the

Committee that the County charges 12% on outstanding balances plus an initial

5% handling fee. He cautioned that if approved, the County would have to

accommodate any business which asks. Several legislators suggested that

owners of commercial properties should be limited to making use of the

installment plan only once. Mr. Monjeau, a sponsor of the local law, said he

agreed, but noted that the County is earning only 3-4% interest on its

investments, far less than the 17% it could get on the installment plan. After

further discussion, the Committee voted unanimously to table the resolution to

explore incorporating language to impose a one-time-only limit on non-

residential property owners.

5. Authorizing Special Hauling Permit Fees for Overweight and Oversize Vehicles

Using Albany County Roads: Michael Franchini, Commissioner of the

Department of Public Works, and Daniel Mirabile, Deputy Commissioner,

appeared before the Committee. The Department proposed to institute a $10

special hauling permit fee for overweight and oversize vehicles traveling on

Albany County roads, and a $50 per vehicle/per trip administrative fee, starting

January 1, 2006. The fees would apply to vehicles with a total gross weight of

more than 80,000 pounds, with a width of more than 8.5 feet, a height of more

than 13.5 feet and a length of more than 65 feet, such as rigs carrying mobile

homes and car trailers if over length. Mr. Franchini said about half of the

counties in New York State impose hauling permit fees and said the $20,000

estimated revenue it would produce is on the conservative side. He said the

revenue would relieve the burden on taxpayers who end up paying for repairing

damage to roads caused by these vehicles. As an example, he cited Cherry-Elm

Avenues in Bethlehem which required a complete reconstruction because of

damage by oversized trucks. In response to questions, Mr. Franchini said most of

the oversized vehicles are owned by out-of-county firms. Asked about

enforcement, Mr. Franchini said the State notifies counties when oversize

vehicles cross into the county. The Department would ask assistance from the

Sheriff to stop the trucks and to check for permits. After further review, the

Committee voted 6-1, with Mr. Monjeau voting in the negative, to table the

proposal for an assessment from Sheriff Campbell.

6. Local Law No. “F” for 2005: A Local Law of the County of Albany, New York

Amending Local Law No. 9 for 1996 as Amended by Local Law No. 9 for 1998

Adopting Chapter 256 of the Laws of New York for 2005, Amending Section 458-

a of the Real Property Tax Law Regarding Increasing the Maximum Tax

Exemptions for Veterans: The Local Law would give 15% property tax

exemptions to veterans for the first $36,000 assessment on their homes (up from

$27,000); 25% exemptions to combat veterans up to $60,000 (up from $45,000)

and 75% exemptions to disabled veterans up to $120,000 (up from $90,000).

After a brief review, the Committee voted unanimously to move the Local Law

forward for legislative action with a favorable recommendation.

7. Authorizing A Correction of the Assessment Roll for the City of Cohoes: After a

brief review, the Committee voted unanimously to move the proposal forward for

legislative action with a favorable recommendation.

8. Authorizing the Submission of a Grant Application Regarding the Motor Vehicle

Theft and Insurance Fraud Program: District Attorney David Soares appeared

before the Committee to respond to agenda item Nos. 8 through 13.

The

proposal would authorize submission of an application for renewal of a grant up

to $200,000 to pay the salaries of a full-time assistant district attorney, an

investigator and a paralegal to investigate and prosecute vehicle-related fraud

and auto theft schemes. After a brief review, the Committee voted unanimously

to move the proposal forward for legislative action with a favorable

recommendation.

9. Authorizing the Submission of a Grant Application Regarding the Aid to

Prosecution Program: Mr. Soares said he is seeking continuation of grant

funding in the amount of $174,417 to supplement the salaries of prosecutors

assigned to cases involving repeat violent and serious felony offenders. After

further discussion, the Committee voted unanimously to move the proposal

forward for legislative action with a favorable recommendation.

10.Authorizing the Submission of a Grant Application Regarding the Community

Response to Domestic Violence Team: The grant, for up to $41,760, would

supplement salaries for an assistant district attorney, a crime victims

caseworker and a Sheriff’s investigator assigned to the Domestic Violence Team.

Mr. Soares said no County match is required.

After further discussion, the

Committee voted unanimously to move the proposal forward for legislative

action with a favorable recommendation.

11.Authorizing the Submission of a Grant Application Regarding the Road to

Recovery Program: Mr. Soares sought permission to submit a grant application

along with the Department of Mental Health, due today, to the State Division of

Criminal Justice Services. The application requests up to $203,000 to continue

and to expand the Road to Recovery program targeting chemically-addicted non-

violent felony offenders with two or more felony arrests for treatment instead of

incarceration. Mr. Domalewicz noted that the Law Committee and the Health

Committee, on which he sits, heard conflicting information on costs the County

would assume by expanding the Road to Recovery program. Mr. Soares had told

the Law Committee on Oct. 24th that the $203,000 grant would not require a

County share, while Robin Siegal, Executive Director of the Department of

Mental Health, earlier in the evening informed the Health Committee that the

County would be responsible for $100,000-$140,000 for residential and

outpatient treatment costs for individuals accepted into the program. Mr.

Domalewicz also said he believes third time felony offenders belong in jail. Mr.

Soares said the grant would pay 100% of the cost of salaries and benefits for a

full-time Assistant District Attorney and a full-time substance abuse caseworker

from Mental Health.

Mr. Soares said the program “is about screening for

success” through treatment of alcohol and substance abuse addictions. He said

120 individuals currently are receiving services through the Albany County

Drug Court paid for by County funds. The County would receive funds for the

Road to Recovery program and those who are unsuccessful would be sentenced to

jail or prison, he said. Mr. Commisso suggested the Committee take up the issue

during its deliberations on the proposed 2006 County budget in light of the

conflicting information. Mr. Soares said in that case the two agencies would miss

the application deadline. Mr. Commisso said the Committee should be well

informed and questioned why Mr. Soares waited until the 11th hour to seek the

Committee’s permission to submit the grant application. Mr. Soares replied that

his office, Mental Health, Judge Stephen Herrick, who is in charge of the Drug

Court, and the County Executive’s Office did not reach agreement until the

previous week on how to proceed. After further discussion, the Committee voted

unanimously to move the proposal forward for legislative action with a favorable

recommendation, contingent upon receiving additional information that would

clarify the conflicting information regarding County costs for the program.

12.Amending the 2005 District Attorney’s Budget: Operation IMPACT Funding for

2005: The proposal would add $117,075 from a $468,300 IMPACT 2005 grant to

the 2005 budget to pay salaries and benefits for two new assistant district

attorney positions and add to the Fees for Services line. The remaining $351,225

from the grant is incorporated in the DA’s proposed 2006 budget. The majority

of the grant funding will be directed to paying overtime for Albany City Police

IMPACT teams assigned to target drug and handgun crimes and for Probation

officers accompanying the police. After further review, the Committee voted

unanimously to move the proposal forward for legislative action with a favorable

recommendation.

13.Authorizing a Lease Agreement Regarding 289 Clinton Avenue Pertaining to the

Community Prosecution Activities of the District Attorney’s Office: The District

Attorney sought approval of a one-year lease for 289 Clinton Avenue at $50 a

month to locate the Office of Community Prosecution. Mr. Soares said he earlier

in the week made a commitment to the Law Committee that he would secure

receipts from the landlord, Clinton Revival HDFC, that it had satisfied nearly

$1,400 in outstanding taxes or water and sewer bills on other properties it owns.

After further discussion, the Committee voted unanimously to move the proposal

forward for legislative action with a favorable recommendation, on the condition

that the authorizing resolution include language specifying that the lease

agreement is contingent upon submission of proof of payment of outstanding

property taxes or water and sewer charges on properties owned by Clinton

Revival HDFC within the County.

14.Amending the 2005 Albany County Budget: Legal Fees in the Alternate Public

Defender’s Office: Alternate Public Defender Gaspar Castillo appeared before

the Committee seeking approval for the transfer of $247,002 from various funds

to pay legal fees for 18-b assigned counsel through the end of 2005 over and

above the $425,000 incorporated in the budget. Most of the funds would come

from the A1990 Contingent Account and the rest from vacant positions. Mr.

Castillo said the bulk of 18-b assigned counsel vouchers originate from Family

Court, but said he expects the 18-b charges will drop next year with the addition

of two alternate public defenders proposed in the 2006 budget. Mr. Domalewicz

stated that the Legislature was told the Alternate Public Defender’s Office would

save the County money in outside attorney’s fees when the Office was created in

the 2004 budget. The Office was established in response to a new State fee

structure effective January 1st that year, paying assigned counsel $75 an hour

for felony cases and Family Court work and $60 an hour for misdemeanor cases.

Previously fees were set at $40 an hour for in-court work and $25 for out-of-court

work. Mr. Castillo said the combination of higher fees, payment of outstanding

charges from previous years and the discretion of Family Court judges in

assigning attorneys outside his office and the Public Defender’s Office influences

18-b costs. Despite this, Mr. Castillo said he is confident the County is saving

money. He noted that the County received $600,000 in state reimbursement this

year to make up for the increase in assigned counsel hourly rates. In response to

a suggestion that the Committee table the proposal to consider the request in

connection with the Committee’s deliberations on the proposed 2006 Budget,

John McPhillips, Senior Budget Analyst with the Department of Management

and Budget, said the County Comptroller could accommodate 18-b charges until

the Legislature acts on the request. After further discussion, the Committee

voted 6-1, with Mr. Monjeau voting in the negative, to table the proposal.

15.Authorizing an Agreement with the Governor’s Office for Small Cities Regarding

the United Cooperative Farmers, Inc. Project and Amending the 2005 Planning

Department Budget: County Operations Director Michael Perrin appeared

before the Committee. The proposal would accept a $541,000 Small Cities grant

on behalf of United Cooperative Farmers, Inc. to buy new machinery and provide

the working capital necessary to continue its Town of Guilderland operation in

Guilderland Center. After a brief review, the Committee voted unanimously to

move

the

proposal

forward

for

legislative

action

with

a

favorable

recommendation.

16.Authorizing the Conveyance of a Parcel of Real Property Located at 100 Michael

Drive in the Town of Colonie to the Nature Conservancy for Subsequent

Dedication to the Pine Bush Preserve: Mark Fitzsimmons, Director of the

Department of Economic Development, Conservation and Planning, appeared

before the Committee. The proposal would convey, for a $20,000 price, a 29.3-

acre parcel at 100 Michael Drive in the Town of Colonie to the Nature

Conservancy for inclusion in the Albany Pine Bush Preserve. Mr. Fitzsimmons

said in response to questions that the property, which he said is almost entirely

federal and state wetlands, was offered twice at County auction, without

successful conclusion. He said the property was once considered by the County

for wetlands mitigation in connection with nursing home construction. Mr.

Commisso said the property may be valuable to a developer who would pay big

money to use it to swap for wetland mitigation. Mr. Fitzsimmons said the rules

on wetland mitigation have changed and offered to speak with the Army Corps

of Engineers for clarification. After further discussion, the Committee voted

unanimously to table the proposal.

17.Amending the 2005 Board of Elections Budget: Salary Adjustment for a

Computer Information Specialist: Democratic Elections Commissioner James M.

Clancy appeared before the Committee. The proposal would address a $4,000

shortfall in a Computer Information Specialist personnel line for an employee

hired in July because of the payout of vacation time accumulations to a previous

employee. The shortfall would be covered by transferring $2,000 from each of

two vacant Election Specialist lines. After a brief review, the Committee voted

unanimously to move the proposal forward for legislative action with a favorable

recommendation.

Respectfully Submitted,

The AUDIT AND FINANCE COMMITTEE

FRANK J. COMMISSO, Chairperson

THOMAS R. MONJEAU

CHARLES E. HOUGHTALING, Jr.

RAYMOND F. JOYCE

CHARLES S. DAWSON, Jr.

CHRISTINE M. BENEDICT

GARY W. DOMALEWICZ

ANN M. COMELLA

FOWLER J. RIDDICK