Called to Order

 The meeting was called to order at 3:30 p.m.

Changes to Agenda

 The following items were added to the agenda:

- Request to use County-owned parking lot at the Human Services Building
- Approval to extend TCAT bus pass pilot project

Ms. Herrera noted that information from Legislator Kiefer concerning the Taliban situation is being passed around for Committee members to review.

Ms. Kiefer asked if the Committee wished to consider reviewing and comment on the Tompkins County Public Library’s revised Mission Statement and have a report from the Board of Elections concerning the primary election held in September and an update on the experience with using the voting machine.  The Committee agreed to discuss these two items at the next Committee meeting.

Chair’s Report

 Ms. Herrera did not have a report.

Report from the County Administrator

 Mr. Whicher commented that Paula Younger, Deputy County Administrator, has been meeting with each Legislator and Department Head.  She is in the process of developing an approach on how to look at the organization and enhancing overall effectiveness.  A presentation will be given at the next Department Head meeting.  Mr. Whicher will request the Committee have an overview of this at the next meeting.

Report from the County Attorney

 Mr. Wood said he did not have a report.

Finance Director’s Report

 Mr. Squires announced he was elected the President of the New York State County Treasurer and Finance Officers Association.  He also reported that the County is trying a pilot project with Ebay to sell a surplus snowplow from the Airport.  In addition, he reported that in response to a Supreme Court decision the State Legislature passed legislation about government foreclosures of property and the issue of proper notice.  The County’s process is that notices are sent out on October 1 to property owners notifying them that they will lose their property in 90 days if the taxes are not paid.  These notices are sent out both regular and certified mail.  The new legislation states that regular mail not returned is deemed to have been received.  The County is now in the process of putting the procedures in place.
 Mr. Squires said he has been pursuing a property in bankruptcy; $80,000 is owed in delinquent taxes.  He has entered into an agreement and will keep the Committee informed of the situation.

 He informed the Committee that some residents are questioning their school tax bills and that his office has received a couple calls concerning the assessment information on the bills.  He said people should be referred to the Department of Assessment or the Town Clerks as the County does not print these bills.

 The bankruptcy case with Lakeside Nursing Home continues and did not have any more to report.

County-Owned Parking Lot Usage – Human Services Building

 Ms. Carey explained the request to utilize the Human Services Building’s parking lots on October 14th for an Ithaca Night Market planned by Alliance for Community Empowerment (ACE) along with many other partners including the support of the Departments of Social Services, Probation and Community Justice, and Youth Services.  The event is aiming to celebrate multiculturalism in the West State Street community and will feature 30 vendors.  If successful, ACE will begin planning for a monthly market from May-October 2007.  This event is strongly supported by the County departments mentioned as well as the Human Rights Department as they feel it is a great opportunity for the community to come together.

 This proposal has been reviewed by the County Contracts Coordinator.  The ACE group is unable to cover the insurance but with the four County departments supporting this, Ms. Kippola felt the insurance issue would not be a problem.  Ms. Carey is requesting Committee approval to move forward with this proposal.  Mr. Wood commented that he did not have a problem with it as the County will be using the parking lot as well.  Under circumstances when an organization makes this type of request, the County requires adequate insurance information be provided.  Ms. Carey said appropriate staff from the County Departments are working very closely with the ACE organization on the details of the event including setting up and cleaning the parking lots.

 Mr. Randall arrived at this time.

 Mr. Wood stated that for future reference he feels and the Committee agreed that it should be general policy that requests of this nature do not need to come to Committee for approval as long as appropriate insurance and protection is provided by organizations.  Following a brief discussion the Committee expressed no objection with this event happening as presented.

Approval to Extend TCAT Bus Pass Pilot Project

 Mr. Squires spoke briefly about the bus pass pilot project for County employees that will expire at the end of September and distributed and reviewed statistical ridership data.  The records show an increase in ridership with a goal to continue that trend; however, he does not want to guarantee a benefit to employees.  Preliminary data suggest there is increasing usage on weekends rather than weekdays.  He would like to have an opportunity to gather more information and have approval to extend the program for another 90 days.  He hopes to have another plan if the extension is granted.

 It was MOVED by Ms. Kiefer, seconded by Mr. Stevenson, and unanimously adopted by voice vote, to extend the bus pass pilot project for an additional 90 days with the understanding that a plan will be developed to drive up ridership of public transit while at the same time not guaranteeing a benefit.

Assessment Department

 Resolutions

 It was MOVED by Ms. Kiefer, seconded by Mr. Randall, and unanimously adopted by voice vote, to approve and submit the following resolution to the full Legislature for approval.  Ms. Coggin provided a brief explanation of the resolution and noted the equalization rate for the County is 90 percent (the first year of the triennial period).  Mr. Joseph noted this process is designed for other counties where assessment is done by towns and where equalization rates differ by town.

RESOLUTION NO.           -  ESTABLISHING COUNTY EQUALIZATION RATES

 WHEREAS, pursuant to Article III, Section 4.05, Subdivision (d) of the Tompkins County Charter and Code, the Director of Assessment has submitted and recommended the adoption of equalization rates for all towns in Tompkins County and the City of Ithaca for the assessment rolls filed in 2006, and for the apportionment of County taxes levied in 2007, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the following equalization rates be and hereby are adopted:
                                                                   AGGREGATE ASSESSED                                             AGGREGATE FULL
                                                                 VALUATION OF TAXABLE           COUNTY          VALUATION OF TAXABLE
                                                                     REAL PROPERTY FOR       EQUALIZATION        REAL PROPERTY FOR TOWN
                                                                       COUNTY PURPOSES                RATE                      COUNTY PURPOSES
Town of Caroline                                                 144,051,058                              90                                 160,056,731
Town of Danby                                                    185,525,896                              90                                 206,139,884
Town of Dryden                                                   687,576,306                              90                                 763,973,673
Town of Enfield                                                   132,309,237                              90                                 147,010,263
Town of Groton                                                    198,995,181                             90                                  221,105,757
Town of Ithaca                                                  1,040,208,924                             90                               1,155,787,693
Town of Lansing                                               1,046,829,198                             90                               1,163,143,553
Town of Newfield                                               192,269,089                             90                                  213,632,321
Town of Ulysses                                                  344,636,609                             90                                 382,929,566
City of Ithaca                                                    1,182,406,675                             90                               1,313,785,194
   TOTALS                                                      $5,154,808,173                                                              $5,727,564,637
SEQR ACTION:  TYPE II-20
_____________________

 It was MOVED by Ms. Kiefer, seconded by Mr. Sigler, and unanimously adopted by voice vote, to approve and submit the following resolution to the full Legislature for approval:

RESOLUTION NO.        - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS
          OF TOTALS (FOOTINGS) OF ASSESSMENT ROLLS

 WHEREAS, Tompkins County desires to maintain an official record of the 2006 Final Assessment Roll, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the regular and supplemental report of the totals (footings) of assessment rolls be accepted and the figures therein be used as a basis for the taxation in the several tax districts of the County for the year 2007 based upon the July 1, 2006 County of Tompkins Final Assessment Roll.
SEQR ACTION:  TYPE II-20

 New Maximum Income Limits for Senior/Disability Exemption
 Ms. Coggin reported the State has increased the maximum income limits for the senior and disability exemption.  The current level is $32,400 and the State has increased the level to $34,400.  The municipalities (assessing units) have the option to opt in to increase the rates if they find it appropriate or remain on the same level.  In the new State law, the County has the option to increase the exemption by $1,000 each year through 2009.  Ms. Coggin asked the Committee for guidance on how it wished to proceed and how often this should come back to the Committee.

 It was MOVED by Mr. Stevenson, seconded by Mr. Randall, to approve and submit the following proposal to the full Legislature for approval that raises the maximum income limits to the State maximum and provision to increase the limit by $1,000 per year through 2009.

      Percentage Assessed Valuation
Annual Income          Exempt From Taxation
$26,000 or less           50%
$26,001 to $26,999          45%
$27,000 to $27,999          40%
$28,000 to $28,999          35%
$29,000 to $29,899          30%
$29,900 to $30,799          25%
$30,800 to $31,699          20%
$31,700 to $32,599          15%
$32,600 to $33,499          10%
$33,500 to $34,399           5%

 Discussion followed and Ms. Kiefer said she did not feel the need to change the level and had hoped to have on hand information on exemption levels allowed in all other taxing jurisdictions in Tompkins County.  Ms. Coggin said this is for County purposes only and once adopted municipalities would be approached and have the option.  She has had discussions with other counties and said she could make that information available if requested.  Ms. Kiefer said she does not support the motion that includes the $1,000 increase each year.

 It was MOVED by Ms. Kiefer to amend the motion to remove the additional $1,000 each year.  MOTION FAILED FOR LACK OF A SECOND.

 A voice vote resulted as follows on the original motion:  Ayes – 4, Noes – 1 (Kiefer).  MOTION CARRIED.

Resolution from the Town of Groton

 Ms. Herrera noted the resolution presented by the Town of Groton requests the County to hold assessment levels at the 2001 assessment rate unless the assessed property has subsequently been sold, and that changes only occur at the time of an actual sale of property.  Discussion followed during which Ms. Coggin indicated the resolution is the same as the Town of Danby’s resolution passed one month ago.  She noted that both Danby and Groton have not contacted her office to obtain information regarding the resolution.  Upon review of the resolution, as written, it does not accurately represent what is occurring within the real estate market.  In addition, she noted the comparison of surrounding counties assessments does not provide an appropriate comparison due to market values in another county.  Mr. Wood stated the County has no legal authority to fulfill the request; it is obligated to follow New York State Real Property tax law.  Members of the Committee thanked Ms. Coggin for her responsiveness and agreed with her comments.  Mr. Randall requested to be provided with written information relating to Ms. Coggin’s statements.

Rules of the Legislature

Resolution – Rule V – Order and Decorum

 Mr. Joseph provided a written diagram to assist in understanding the complexity of the rules as presently written.  He indicated there are two questions that require action:  (1) how to phrase the question when someone appeals, and (2) does the Chair vote.  Roberts Rules provides rationale, the main principle being that the majority of the body should decide what happens, if a tie results it should be what the Chair decided.  Ms. Kiefer expressed a concern that the present manner in which the rules are written do not allow for a debate; she would like to allow for debate, not change the language to “overruled”, and to allow the Chair to vote if a tie vote exists.  Mr. Joseph does not mind the opportunity for debate, but disagrees with maintaining the language “sustained”.  Mr. Sigler felt it expands the power of the Chair to have the right to vote and as a member of the body supports the proposed amendment.

 It was MOVED by Mr. Sigler, seconded by Mr. Stevenson, to approve and submit the following resolution to the full Legislature for approval.

 It was MOVED by Ms. Kiefer to amend the motion to strike the words “without debate” from the second sentence of the paragraph.  MOTION FAILED FOR LACK OF A SECOND.

 A voice vote resulted as follows on the original motion:  Ayes – 3, Noes – 2 (Kiefer and Randall).  MOTION CARRIED.

 Mr. Wood noted that passing the resolution will require the amendment for the Chair to vote would result in an amendment in the Rules of Voting as well.

RESOLUTION NO.      - AMENDING THE RULES OF THE LEGISLATURE – RULE V – ORDER AND DECORUM

 WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify procedure regarding an appeal taken from the decision of the Chair, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2) of Rule V – Order and Decorum is hereby amended as follows:
 If an appeal is taken from the decision of the Chair, the Chair shall have a the right to assign explain the reason for the decision.   The Legislature shall decide the case without debate, and the question shall be stated by the Clerk, “Shall the ruling of the Chair be overruled sustained?”  The vote shall be taken by roll call and ruling sustained or by a majority of the members present including the Chair.  If the majority of the members present and voting are in favor of overruling the Chair, then the ruling shall be overruled.  If the majority of such members do not vote in favor of overruling, then the ruling of the Chair shall be sustained. and voting exclusive of the Chair who shall not vote on appeals from the ruling of the Chair.
SEQR ACTION:  TYPE II-20

Resolution – Rule VII – Rules of Voting

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

 Ms. Kiefer spoke of the resolution, noting she believed that language discussed at a previous meeting should be included.  Ms. Herrera stated there was not agreement that it was the case and that other members are now present and the material should be reviewed.  Ms. Kiefer noted the language referred to is as follows:  “the Legislator believes he/she or another Legislator has or is believed to have a conflict.”  She believed the discussion included the option for a Legislator to bring up a potential conflict relating to another Legislator.

Ms. Herrera indicated that if the County Attorney is requested to provide guidance the only thing to base his advice on is what he has heard at that time, unless a delay is requested to make a determination.  She believes that if the County Attorney is asked to make a ruling it should be an individual’s right to make the declaration and receive advice from a non-elected individual.  Ms. Herrera said she does not fully agree the decision should be solely up to the Chair to rule.

Mr. Joseph said it should not matter who makes the determination, what is important is that a Legislator declares they have an interest.  He also noted that if the Chair makes a decision it would provide the ability to appeal and therefore involve the entire Legislative body.

  Mr. Wood noted that the idea behind the rule is that if an individual declares a conflict, having the potential conflict voted upon then makes it subject to a political process.

 It was MOVED by Ms. Herrera, seconded by Mr. Stevenson, to approve and submit the following resolution to full Legislature for approval.  Ms. Kiefer did not believe the amendment made a significant change.

 Mr. Sigler called the question.  A voice vote to call the question resulted as follows:  Ayes – 4, Noes – 1 (Kiefer).  MOTION CARRIED.
 A voice vote on the original motion resulted as follows:  Ayes – 3, Noes – 2 (Kiefer and Randall).  MOTION 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 that member declares that they have 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

Committee Meeting Schedule

 It was MOVED by Mr. Randall, seconded by Mr. Sigler, and unanimously approved by voice vote, to amend the Committee schedule to begin meetings at 3:30 p.m.

Adjournment

 The meeting adjourned at 5:25 p.m.