*M I N U T E S

COMMITTEE ON PUBLIC SAFETY & CRIMINAL JUSTICE

MONDAY, FEBRUARY 8, 1999

9:00 A.M.

 

 

PRESENT: Chair: Ryan. Members: Carsky, Kaplowitz, Mosiello and Wishnie. Staff: Hoch, Vita.

ALSO PRESENT: Commissioner Louis D’Aliso, Public Safety Services; Jay Hashmall, Deputy County Executive; Bill Randolph, County Executive Liaision; George Hosey, Chairman-CBAC.

 

Mr. Ryan called the meeting to order at 9:10 a.m.

On the motion of Legislator Wishnie, seconded by Legislator Kaplowitz, the minutes of the following meetings were approved by a vote of 5-0: October 26, 1998; November 9, 19, 23, 30; January 19 and 25.

Legislator Mosiello asked that the minutes of February 1, 1999 be held over until the next meeting in order to have enough time for review.

Mr. Ryan said he was unable to speak to the Chairman of the Arson Task Force, therefore he did not have an update of their recent meeting.

Mr. Ryan asked Commissioner D’Aliso for an overview of the IMA with the Town of Cortlandt Police Department.

Commissioner D’Aliso deferred to Mr. Hashmall, who began with a brief summary of the specifics of the IMA. He stated that the situation in Cortlandt provided a unique opportunity for the County to open a northern police facility and obtain a new police vehicle. After several months of planning and negotiation, the County drafted the IMA and Cortlandt was in agreement.

 

 

 

*For additional information, a tape is on file.

APPROVED 2/22/99-RGW/KSC-6-0

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In addition, the County agreed to hire up to five police officers, which previously worked for the Town of Cortlandt. This was agreed to with the understanding that the Town of Cortlandt would indemnify the County from any and all liability or claims from their former police officers. The officers’ names were taken from a preferred eligible list in accordance with the New York State Civil Service Commission rules.

The Town of Cortland approved the IMA as drafted by the County Attorney, including any indemnification agreement and financial protection insurance that was requested. The five officers signed waivers offered from the preferred eligible list.

Since then, four of the five police officers have been considered for county hiring notwithstanding the approval of the IMA. The Administration is presently in the process of determining how best to utilize the new command post and vehicle. This is also pending the Board’s approval of the IMA.

The County will pay $15,000 per year for leasing the new post and the Commissioner’s office has looked over the facility and made recommendations on how to equip and staff the facility.

Mr. Hashmall clarified that this command post will not provide primary patrol services to the Town of Cortlandt. The State police will remain the primary patrol force and the County will provide a supplemental minimum of two tours per day, not necessarily meaning two patrols per day. The police station will be manned for 16 hours each day, not necessarily patrolling the streets of Cortlandt.

County police services will be provided at the discretion of Commissioner D’Aliso. Response to incidents in the area will be supplemental to the State police.

The State police, as in the past, will remain the first responder to 911 calls. If their manpower is otherwise engaged, then the County Police will take over and provide backup. The County will provided additional services upon request as a standard agreement with other communities.

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Commissioner D’Aliso said State police will be the primary responder and only dispatch the County for backup patrol, with the "closest car rule" in effect. The DARE program will have one designated police officer assigned at $50.00 per hour, to cover the two elementary schools in the Lakeland District (Vancortlandtville and Titus). The new vehicle will be repainted with the county logo.

The Commissioner said he is looking forward to taking over the new facility and noted that similar agreements existed with the Towns of Lewisboro and South Salem years ago that proved to be successful. D’Aliso does not foresee any problem with Cortlandt.

Mr. Wishnie said that the concept sounds good but was concerned with the strict State budget operation. He points to the Sprain Parkway as a speed trap that is not properly staffed or patrolled and the State claims they don’t have the manpower to do so. He wants assurance that the State will not take advantage of the County’s presence in the Town of Cortlandt and they will continue their normal duties and responsibilities.

The Commissioner noted there are a certain number of State police dedicated to the Sprain and Taconic Parkways and the Annsville Barracks. They can call back up from the top end of the Taconic. He feels the County will not be taken advantage of and said the numerous meetings that were held with the State ensure there will be no problems between the two agencies.

Responding to concerns of subsidizing other communities, Mr. Hashmall said the Town of Cortland will be paying more than anticipated and explained there is no intention to blueprint the expansion of County police.

Further, he believes that this agreement is only a matter of taking advantage of a good opportunity.

If other communities want to request a police arrangement, the County would consider it, but this is not a plan to take over all police agencies throughout the County.

 

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Mr. Ryan asked Commissioner D’Aliso if he knew the historic experience in the Towns of Lewisboro and South Salem. The Commissioner recalled the agreement took place in the 1970’s as a result of a homicide in the Town of Lewisboro. He was not certain of the contract terms or why the contract was not renewed.

Mr. Kaplowitz asked what happens when the term expires in 2002. Mr. D’Aliso said he did not know, and hopes that the Town will renew the contract with the County. Otherwise the agreement will expire as with Lewisboro and South Salem.

Mr. Kaplowitz asked who is responsible for the number of officers on 207C and what if the four officers decide to leave the County within the next year. Mr. Hashmall said if the County had to take over any personnel costs based on the provisions in the IMA. The Town of Cortlandt will be responsible, but he does not anticipate that happening. This is noted in the financial protection clause insisted on by the County Attorney.

Commissioner D’Aliso commented on this situation taking on a "snowballing effect" throughout the County, stating that other communities do not have to worry about the County taking over their agencies. It can only be done at a municipality’s request with IMA approval.

Mrs. Carsky asked what was the specific problem in Cortlandt that caused the elimination of the police agency. Commissioner D’Aliso said he understood there were several lawsuits pending but did not know their contents.

Mr. Mosiello read a section of the Charter pertaining to replacement of police officers and asked if there was an opinion received from the County Attorney to the effect that the County is not violating the Charter with this contract. Mr. Hashmall stated that the County Attorney has been closely involved with the negotiations and execution of the IMA and reiterated that the County is not taking over the Cortlandt Police, but only providing some supplemental police services to the Town.

 

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Mr. Mosiello asked when the six new police officers will be added to the roster. Mr. Hashmall said four of the six vacancies have been filled by the former Cortlandt police officers, two vacancies now exist, and if the IMA is approved there will be funding in order to hire the full six.

Mr. Kaplowitz said this was a good balance for the taxpayers and made a motion to approve the IMA, seconded by Legislator Wishnie. The Act was approved 3-2, with Legislators Carsky and Mosiello voting without prejudice.

Mr. Ryan thanked Commissioner D’Aliso for his input and information and asked Mr. Hashmall to give an update on 60 Control.

Mr. Hashmall explained that when the new Administration took office in 1998, 60 Control already had mounting problems. When the County Executive appointed the Task Force, they met several times to review the department’s overall daily operations and various subcommittees were formed to perform in-depth reviews of troubled areas within the department. While this was going on, 60 Control’s problems increased – overtime surpassed budget, staffing was inadequate and equipment was out dated. There were serious concerns that warranted immediate action by the Administration.

As a supplement to the Task Force, the County Executive has now hired an outside consultant, former Mount Vernon Fire Chief, Henry Campbell to assist the Task Force under a ten-week contract. He has had a fair amount of experience in management and fire services.

In order for the consultant to properly form a fair opinion of the department, Fire Coordinator Walter Groden was suspended with pay and not charged with any disciplinary actions.

Mr. Hashmall has been appointed to serve as the Acting Fire Coordinator and has been to the facility several times to get input from the workers to discuss major and minor concerns. Minor complaints were made from the female employees about parking on the midnight shift as well as improvements made to the kitchen, bathrooms, and office areas.

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Major complaints were mentioned with regard to the number of supervisors or the lack thereof, on the various shifts.

Another major problem was the operation of the Fire Training Center. Because of its inadequate classroom space, many municipalities had their recruits’ train at outside agencies.

Mr. Ryan feels the activities of the task force are very clear and need prompt attention. He feels it is the responsibility of the County Executive to take the necessary steps to put 60 Control back into a working facility and is very encouraged that these steps have been taken to move forward and put the department back on track.

Several questions were raised regarding the history of the Fire Coordinator position and the department’s budget. Mr. Ryan asked Mr. Hashmall to review the department’s policy regarding these two issues and forward the information to him.

Mr. Ryan thanked Mr. Hashmall for his time and information.

 

 

On the motion of Legislator Mosiello, seconded by Legislator Carsky, the meeting adjourned at 10:00 a.m.