Called to Order

 The meeting was called to order at 3:12 p.m.  Legislature Joseph appointed himself and Legislator Hattery to serve as temporary members of the Committee.

Additions/Deletions to Agenda

 The following items were added to the agenda:
· Budget Transfers – Legislature and Board of Elections

The following items were deferred to the next meeting:
· Resolution from the Town of Groton
· Resolution – Request Withdrawal of United States Military from Iraq
· Rules of Voting – Discussion

Chair’s Report

 Ms. Herrera informed the Committee that the resolution presented at the August 15, 2006, Legislature meeting regarding United States involvement in Iraq was assigned to this Committee and will be reviewed in September.  She also stated that Item 5a – Resolution – Real Property Assessment Practices in Tompkins County will be deferred to the September meeting as well to allow time to obtain information relating to the request.

County Attorney’s Report

 Mr. Wood did not have a report.
 
County Administrator’s Report

 Mr. Whicher was not present at this time.

Report from the Finance Director

 Mr. Squires was not present.

Report from the Public Information Officer

 Ms. Lynch reported there has been good media coverage on the budget process to date and the groundbreaking for the communications project.  She also reported that the Public Information links on the County website have been updated.

Public Comments

 John Long, Vice President of UAW 2300, spoke on behalf of Terry Sharp, President, as a representative of the staff of the library.  He spoke of recent negotiations when staff were asked to pay more for health insurance, receive less than a cost of living increase, receive less pay for weekend work, and accept volunteers doing more work at the library.  He spoke of the 2004 layoffs of staff that cut services and the February 2006 referendum that failed and created directives to streamline operations.  As a result of the directives procedures are being reviewed; staff will be reduced through attrition, and staff is aware of potential layoffs.  Mr. Long spoke of the resignation of the Assistant Director in June and that individual department supervisors now report directly to the Library Director.  Four of six of the supervisors have indicated a preference to continue this practice as it has increased efficiency.  He noted that previously there was duplication of responsibilities, reporting, etc.  Mr. Long then spoke of the request submitted to the Library Board of Trustees to freeze the Assistant Director position which would free $66,000 in the budget.  He noted no response was heard, and that the interviews for a new Assistant Director continued.  In the meantime, a full-time book processing position became free due to a resignation; some of the responsibilities are reassigned, however fewer books would be available.  Mr. Long said it would be more beneficial to freeze the Assistant Director position than the book processing position; there would be cost-saving in salaries, provide better customer service, and eliminate what had been found to be duplication of efforts between the Director and Assistant Director.

County Clerk

RESOLUTION NO.         – INCREASE IN HOURS – SENIOR RECORDING CLERK – COUNTY CLERK

 Ms. Valenti, County Clerk, said that the position was increased to forty hours in 1998, however no resolution approving the increase was done at that time.   This resolution corrects that situation.

 It was MOVED by Mr. Sigler, seconded by Mr. Hattery, and unanimously approved by voice vote by members present, to recommend approval of the following resolution to the full Legislature.  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Clerk’s Office wishes to increase the hours for the position of Senior Recording Clerk from 35.0 hours per week to 40.0 hours per week to accommodate the pressure of business, and
 WHEREAS, the Tompkins County Clerk wishes to maintain a level of service only possible by having this position designated as a forty-hour work-week, and
 WHEREAS, such change would be beneficial to the organization and would result in increased efficiency, now therefore be it
 RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the standard workweek for one position of Senior Recording Clerk, Labor Grade 9m be increased from 35.0 hours per week to 40.0 hours per week, effective September 5, 2006.
SEQR ACTION:  TYPE II-20

County Administration

RESOLUTION NO.       – APPROPRIATION FROM CONTINGENT FUND – TERMINAL PAY – ADMINISTRATION

 It was MOVED by Mr. Sigler, seconded by Mr. Joseph, and unanimously approved by voice vote by members present, to recommend approval of the following resolution to the full Legislature.  RESOLUTION ADOPTED.

 WHEREAS, Administration had a Public Affairs Officer resign effective February 10, 2006, with terminal pay in the amount of $ 4,176.22 and
WHEREAS, Administration had a Public Information Officer Trainee resign effective July 28, 2006, with terminal pay in the amount of  $ 365.59 and
 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it
 RESOLVED, on recommendation of the Government Operations, and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:
 FROM:  A1990.54440  Contingent Fund  $ 4,541.81
 TO:  A1988.51000340 Public Information Officer $ 2,770.50
   A1988.58800  Fringes    $ 1,771.31
SEQR ACTION: TYPE II-20

Rules of the Legislature

RESOLUTION NO.       - AMENDING THE RULES OF THE LEGISLATURE – RULE VII - RULES OF VOTING

  Ms. Herrera spoke of a portion of the minutes from the previous meeting requiring clarification of this topic being discussed.  Ms. Herrera reviewed the work completed at the previous Committee meeting.  Mr. Joseph said he believes there are two issues:  (1) when a Legislator has a conflict and wants to abstain, which needs a solution that is more defined with regard to the County Attorney’s advisement upon request; and (2) when a Legislator feels another Legislator should abstain.

 Ms. Kiefer arrived at this time (3:27 p.m.).

 A discussion followed, during which members reviewed possible amendments to clearly define how and by whose authority an individual may be excused from a vote.  During the discussion the following points were made:

Ms. Herrera expressed her belief that if a member has a conflict they can recuse themselves; if they think there may be a conflict and need advice they can request it from the County Attorney.  She does not believe it should be the County Attorney making a decision if he had not been asked to do so.  She believes it should be the elected officials who make the decision, which is why she did not support the resolution at the last meeting.

Mr. Hattery stated he has requested municipal attorneys to provide a determination when a question of conflict arose, specifically so that a decision could be validated and not overturned due to a conflict that was not disclosed.

Mr. Wood stated when making a determination at the time a potential conflict is brought up at meetings, his determination can only be made based upon information provided.  He feels the language does need improvement and agreed with Mr. Joseph that regardless of who has a concern regarding a potential conflict it should be addressed.
 

Mr. Joseph stated that under the current rules anyone can raise the question of whether a conflict exists.  He believes it is important to know who makes the final determination.

Ms. Kiefer said having dealt with matters such as this at the Ethics Advisory Board she believes it is not as much a question of whether a person can or cannot vote but the public disclosure of a potential conflict.  She liked Mr. Joseph’s suggestion of any legislator having the right to question a potential conflict, not just the individual involved, and she also supports the County Attorney advising on the matter.

It was MOVED by Mr. Joseph, seconded by Mr. Sigler to amend Rule VII - Rules of Voting (2) in the following resolution.  Mr. Hattery believed the amendments are not necessary; Ms. Herrera feels the amendment referring to “believes he has or is believed to have” make the issue more complex.

A voice vote on the motion resulted as follows:  Ayes – 3 (Legislators Joseph, Kiefer, and Sigler); Noes – 2 (Legislators Hattery and Herrera).  RESOLUTION CARRIED.

 WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify procedure to determine a direct interest in the result of the vote, and
 WHEREAS, it is also desirable to have the advice of the County Attorney in determining direct interest, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2) of Rule VII, Rules of Voting is hereby amended as follows:

RULE VII - RULES OF VOTING

(2) Every member present when a vote is taken upon any question shall vote unless excused by unanimous consent of all members present, or unless the Legislator believes he has or is believed to have a conflict of interest in which case the County Attorney shall explore the nature of the conflict and the Chair of the Legislature shall make the ruling of whether there is a conflict or not.   that a member has a direct interest in the result of the vote.  The Chair shall in all cases, except upon appeals from rulings of the Chair, have a right to vote.
SEQR ACTION:  TYPE II-20

The following items were deferred to the September 2006 meeting:

· Discussion – Rules of Voting (Paragraph 1)
· Discussion – Rules of Voting (Paragraph 2)
· Discussion – Attendance Record

Presentation – Library’s Budget

 Ms. Steiner provided a written copy of the Powerpoint presentation regarding preliminary budget information to members of the Committee highlighting the following items:

· Progress Report on Library activities from January 2006 to May 2006;
· Post-Referendum Activities, including a new Library Community Advisory Committee;
· 2006 Library Operating Budget – Revenue and Expenditures;
· Steps taken to balance the budget;
· 2006 Library Operating Budget – planned amendments and changes, including projected increase in revenue of $11,904; net changes to projected expenditure increases of $58,384;
· Models of possible contract settlements which would effect the budget;
· 2007 Assumptions – including County support increase of 2.8%; contractual salary increases of 3.5%; health insurance equivalent of other county employees; Friends and Foundation continuing to fund 100 percent of library acquisitions; no fund balance draw down; and a reduction in staff between 1 and 3 full-time equivalents through retirement/attrition.
· Workforce Reduction Impact scenarios included transferring responsibility to community libraries for municipalities as well as reducing public service staff, a lower standard of descriptive cataloging, and eliminations of videos or music CDs.
· 2007 Fund Balance Impact – there would be an elimination of using the fund balance for deficit spending; the fund balance retained would be $79,000 to $80,000; auditors recommend a $245,000 to $434,000 fund balance.
· 2007 Priority Library Requests – OTR’s include:  $62,000 (3 percent increase) for salaries as other County department’s received, and a request for $89,000 to forestall all reductions of personnel; $50,000 for acquisitions; $147,766 one-time for Equipment/Furnishings/Technology; $25,000 one-time for work process analyst; $15,000 for additional volunteers; $50,000 for additional weekend hours; $15,000 for Outreach Planning and Implementation; $9,360 for Computer support; $21,149 for Improved library website; and a request for $23,970 for Improved user and staff education and training.

Ms. Steiner noted that all over target requests were submitted to Administration on the advice of Mr. Whicher in order to provide a full picture of the library’s financial situation.  Ms. Herrera said the presentation was helpful and timely and noted that there should not be discussions at this time due to pending contract negotiations.

Assistant Library Director Appointment

 Ms. Steiner announced that Rosie Rice has been appointed as the new Assistant Library Director; she will start this new position on September 5th.  Ms. Rice was one of five candidates.

County Parking Lots

 Ms. Herrera commented that decisions made since the original policy was approved have been on an ad hoc basis and have proven successful.  Ms. Kiefer took exception to the existence of ad hoc decisions by staff without the authority to make such decisions, but she agrees that flexibility should be built in.

Use of County Parking Lots by non-County Individual/Groups

 Ms. Kippola spoke of two requests to use County parking lot space and shared historical information with regard to Mr. Cassaniti’s former use of the County Parking lot located diagonally from the Short Stop Deli.  The first request is from the Rotary Club who desires to have a sale similar to the previous sales held by Mr. Cassaniti; the second request for use of the County parking area was received from a group called ACE (Alliance for Community Empowerment) who would also like use of County space for evening multicultural markets.  Ms. Kippola addressed the issue of liability coverage and noted the Rotary Club has responded that it would be able to provide the requested $1 million liability coverage and answered all information requested; she has not yet had a response from ACE.  Ms. Kiefer expressed concern that a small group may not have the ability to obtain the requested liability coverage.
 
 Mr. Joseph said based upon attendance at an ACE organizational meeting, believes the area sought by ACE is the area between the two parking lots at the Department of Social Services building.  He believes public space plays an important role in community life and does not feel the County should base usage on the ability to have liability insurance; however, there should be rational rules regarding how and when the use would be provided.  He suggested that the Committee review the City of Ithaca policy for use of the Commons area.  Ms. Kippola spoke of the County having utilized one of the Commons pavilion, and noted the application required an insurance binder be provided to the City as well as having multiple signatures of approval for use.

 It was MOVED by Mr. Joseph, seconded by Mr. Sigler, to approve the Rotary request to utilize the County-owned parking lot area, on available dates, providing the appropriate insurance binder is provided and the area is left in the same or better condition; which would be indicated in the waiver.  A voice vote on the motion was unanimously approved.  MOTION APPROVED.

Review of County Parking Rules for County Lots

 The issues and the request from the District Attorney to have an assigned parking spot were outlined.

  Ms. Kiefer stated she is not certain she agrees with the ad hoc changes made to the parking policy.  She understands why they were done, but does not understand why the issues were not brought forward to the Committee.  Ms. Herrera noted there are many stakeholders discussing the parking situations and the decisions made were necessary to resolve at the time rather than a lengthy process at Committee.  Mr. Joseph recognized the ad hoc decisions were made and he agreed with most; what it indicates to him is the need for flexibility and he would like a policy that reflects the ability to make decisions.  Ms. Herrera spoke of the need to make the policy and practice consistent, and in this situation there is a need to amend the policy.

Ms. Fitzpatrick provided some historical information as well as reporting on her recent discussion with Ms. Joch, Jury Commissioner, regarding the installation of a generator that would eliminate a bunker spot assigned to the State.  During the conversation Ms. Fitzpatrick was informed of the need of additional permanent parking spaces required for State employees due to the State taking over the security at the courthouse.  She also reported that there used to be one handicap parking space, but learned additional spaces were required and therefore designated three parking spaces.

Ms. Kiefer said one way to address the District Attorney’s request for parking is to utilize the parking plan in Resolution No. 344 of 1998, restoring parking spaces 47 and 48 to the Legislature as intended and to specify that the District Attorney, as an elected official, also share in those spaces as the County Clerk does.

Ms. Herrera spoke of Ms. Kiefer’s suggestion of utilizing spaces 47 and 48 would be Legislator parking, with the understanding that Ms. Wilkinson may utilize the spots as well.  Mr. Joseph noted the present use of these two parking spots is for any employee at any time; the suggestion would eliminate use by regular employees.

It was MOVED by Ms. Kiefer to utilize parking spots 47 and 48 for use by Legislators, with the provision of the District Attorney having permission to park in them when open.  MOTION FAILED FOR LACK OF A SECOND.

Mr. Wood clarified that after the State took over the Court systems in 1970, the question of Court parking was decided in a case that held that the State was entitled to free parking equivalent to what they had at the time of the takeover.  Subsequent discussions have taken place regarding how the decision should be interpreted, particularly with the growth of the Court system.  The County has negotiated parking with the State, the results of which are reflected in current practice.

Ms. Fitzpatrick asked that the Committee also consider assigning a spot for a County vehicle as well.

A brief discussion occurred regarding historical information relating to the District Attorney’s request for assigned parking.  Mr. Joseph stated he does not believe there should be privileged parking spots – not for legislators, judges, handicap, New York State, or Sheriff -- and noted they are consistently open; he would prefer not to designate spots.  He said Legislators could park in the ramp and receive reimbursement for parking.

It was MOVED by Mr. Joseph, seconded by Mr. Sigler, to designate the Commissioner of Personnel as the individual who determines how parking spots are to be designated and to determine the appropriate parking rules.  Ms. Kiefer stated a designation such as the suggested one had not been made by the stakeholder committee whose work led to the 1998 plan, and at atat time, in addition, Legislators desired to remain involved in decisions.  She then said upon reflection she agreed with Ms. Fitzpatrick’s suggestion that spaces 47 and 48 should be assigned to a county vehicle and to the District Attorney.  Mr. Hattery feels it is good to delegate the responsibility of making choices with regard to designated parking and policy to the Commissioner of Personnel with the understanding that upon completion of the policy, the Committee will review and approve it.

A voice vote on the motion resulted as follows:  Ayes – 4 (Legislators Herrera, Joseph, Sigler, and Hattery); Noes – 1 (Legislator Kiefer).  MOTION APPROVED.

Adjournment

 The meeting adjourned at 5:11 p.m.

Respectfully submitted by Karen Fuller, Deputy Clerk.