MINUTES
GOVERNMENT OPERATIONS COMMITTEE
JANUARY 17, 2007          3:30 P.M.
SCOTT HEYMAN CONFERENCE ROOM



Present:  G. Stevenson, Chair; M. Hattery; M. Sigler; D. Kiefer; P. Mackesey

Staff:      P. Carey, Social Services Commissioner; J. Wood, County Attorney; C. Covert, Clerk of the Legislature; S. Whicher, County Administrator; D. Squires, Finance Director; A. Fitzpatrick, Personnel Commissioner; A. Valenti, County Clerk; M. Reynolds, Deputy County Clerk; V. Coggin, Assessment Director; J. Franklin, Assessment

 

Call to Order

 

            The meeting was called to order at 3:35 p.m.

 

Changes to Agenda

 

            There were no changes to the agenda; however, Ms. Kiefer said she would like to provide some information regarding machine certification under the Board of Elections agenda items.

 

Chair’s Report

 

            Mr. Stevenson asked the Committee to provide their preferences for a 2007 Committee meeting schedule.  Following discussion members were unable to reach a consensus and the Committee agreed to meet February 21st at 3:30 p.m. to discuss the issue further. 

 

Report from the County Administrator

 

            Mr. Whicher thanked the Committee and spoke of his appreciation and how grateful he is with having two Deputy County Administrators.

 

Report from the County Attorney

 

            Mr. Wood reported that he has received notices from several County Attorneys who are suing the State trying to prevent the State from ordering them to comply with the current terms of HAVA.  There are a total of three counties suing the State at this time.

 

            In response to a question raised by Ms. Kiefer about the grounds of the lawsuit, Mr. Wood said he is not certain of the legal grounds.  The argument is they are being ordered to do something they cannot do and they believe it goes beyond the power of the State to order them to do that.

 

Finance Director’s Report

 

            Mr. Squires provided a follow-up report to the report he provided at the January 16th Legislature meeting regarding foreclosure.  The next step results in going out and visiting the 18 properties in foreclosure.  There is one property that was foreclosed on several years ago in Freeville.  Prior to the foreclosure an installment agreement was done, but now the agreement is in default.  The only way the County will not foreclose on this property now is if the owners filed bankruptcy.  Prior to the deadline to pay taxes before foreclosure happens, he entered into five installment agreements.  The current taxes were rolled into the agreements and $2,000 was required as down payment. 

 

            In relation to the discussion on Empire Zones being held later in the meeting, Mr. Squires distributed a report listing commercial properties with economic incentives for 2007 Pilot payments.  The Industrial Development Agency (IDA) takes title to the properties and a payment is made to the County in lieu of taxes. 

 

Public Information Report

 

            Ms. Lynch was not present.

 

Approval of Minutes

 

            August 16, 2006

            It was MOVED by Mr. Hattery, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the minutes of the August 16, 2006 meeting as corrected.

 

            October 17, 2006

            It was MOVED by Ms. Kiefer, seconded by Mr. Hattery, and unanimously adopted by voice vote, to approve the minutes of the October 17, 2006 meeting as corrected.

 

            October 18, 2006

            It was MOVED by Mr. Sigler, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the minutes of the October 18, 2006 meeting as corrected.

 

            November 15, 2006

            It was MOVED by Mr. Sigler, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the minutes of the November 15, 2006, meeting as corrected.

 

County Attorney

 

            Mr. Wood reviewed the information distributed with the agenda and the additional material provided at the meeting concerning his proposal to reorganize his Department.  Below is a summary of the proposal as outlined in the memorandum:

 

·       Eliminates the Assistant County Attorney position (17.5 hours per week), as a qualified person cannot be retained under the current salary structure.

·       Increase the hours of the current Deputy County Attorney from 17.5 hours to 20 hours per week.  It is Mr. Wood’s opinion that it is necessary to offer a market competitive salary and recommends the position be red-circled in order to allow for a fair and competitive salary.

 

            The proposed reorganization will allow the County Attorney’s office to continue to manage its existing workload without increasing the County’s reliance on much more expensive outside counsel.  At this time, Mr. Wood explained the differences in the existing salaries for the Assistant and Deputy County Attorneys and what he is proposing.  The proposal decreases his budget by approximately $27,000.

 

            Mr. Wood also provided a brief history of the County Attorney’s office and the changes that have been made over the last several years. 

 

A brief overview was provided concerning the comparison chart of salaries for County Attorneys and Administrators/Executives in similar and contiguous counties. 

           

            Mr. Whicher expressed a concern that the last time this issue was discussed and adjustments were made to the Assistant County Attorney salary it had a chain reaction through the entire organization as it effected the attorney positions in the District Attorney’s office and Social Services Department.  

 

            Ms. Mackesey said she would like more information for increasing the Deputy County Attorney’s salary and the implications it has on other attorneys before taking action on this.

 

Further discussion followed and Mr. Wood briefly explained the difficulties he has had with hiring attorneys at the current rate.

 

            At this time, the 2007 salaries for various attorney positions in County government were presented. 

 

            - Social Services Attorney – $35.56/hour

            - Deputy County Attorney and Deputy District Attorney – $39.22/hour and same labor grade (Deputy District Attorney – position currently vacant)

            - Assistant District Attorney and Assistant County Attorney – $35.56/hour and same labor grade

           

            Ms. Fitzpatrick said she could provide the above information in writing before the next meeting if requested.

 

            Mr. Stevenson requested the information requested by Ms. Mackesey including any information available of what happened last time and the information presented above by Ms. Fitzpatrick concerning attorneys salaries be put together and presented at the next Committee meeting.

 

County Clerk

 

            Resolution

            Ms. Valenti explained the resolution below and noted that they will be beginning to collect $15,000 for the County Treasurer’s expenses for administering the mortgage tax. 

 

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

 

RESOLUTION NO.       - TO AMEND RESOLUTION NO. 9 OF FEBRUARY 7, 2006 - DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING MORTGAGE TAX

 

            WHEREAS, pursuant to Section 262 of the Tax Law, recording officers are entitled to receive all their necessary expenses for purposes of administering mortgage taxes in their offices on approval and allowance by the New York State Tax Commission, and

            WHEREAS, the State Tax Commission, by resolution duly adopted July 1, 1946, did determine that such mortgage tax expenses be approved at the amount certified to the State Tax Commission by the County Board of Representatives [Tompkins County Legislature] provided it is a reasonable and necessary allowance for such expenses, and

            WHEREAS, the County Clerk has conducted a cost analysis and has recommended that the allowance for mortgage tax expenses be increased from $143,042 per annum to $152,483 per annum, and

WHEREAS, the Finance Director has conducted a cost analysis and has recommended that the allowance for the treasurer’s expense for administering the mortgage tax be set at $15,000 per annum, now therefore be it

            RESOLVED, on recommendation of the Government Operations Committee, That the sum of $152,483 per annum be, and the same hereby is, determined as a reasonable and necessary allowance of the Tompkins County Clerk, the recording officer of the County of Tompkins, for the hire of clerks and assistants and other expenses to assist in the administration of the mortgage recording tax law in her office, and that the sum of $15,000 per annum be, and the same hereby is, determined as reasonable and necessary allowance of the Tompkins County Finance Director, to assist in the administration of the mortgage tax funds, and that the said sum of $167,483 is hereby certified to the State Tax Commission as the reasonable and necessary allowance for such expenses,

            RESOLVED, further, That the Clerk of the Legislature is hereby directed to send a certified copy of this resolution, with her original signature thereon, to the State Tax Commission,

            RESOLVED, further, That this resolution shall take effect immediately.

SEQR ACTION:  TYPE II-20

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Assessment Department

 

            Appointments

            It was MOVED by Mr. Hattery, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve and submit the following appointments to the Board of Assessment Review:

 

            Nelson Bills

            Edie Spaulding – pending receipt of advisory board application

 

            Resolution

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

 

RESOLUTION NO.  - APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT REVIEW HEARING MEMBERS TO SERVE ON ADMINISTRATIVE HEARING PANELS

 

          WHEREAS, Real Property Tax Law 523-a permits the County Legislature to appoint up to six Temporary Board of Assessment Review members to serve on Administrative Review Panels, and

          WHEREAS, Real Property Tax Law 523-a permits the compensation of Temporary Board of Assessment Review Members, now therefore be it

          RESOLVED, on recommendation of the Government Operations Committee, That six Temporary Board of Assessment Review Members, namely Jan deRoos, Edward Laine, Robert Walpole, Ed Finegan, Michael Cannon, and Paul Banfield be appointed to serve on Administrative Review Panels,

          RESOLVED, further, That Temporary Board of Assessment Review members be compensated at a maximum annual compensation of $250.00.

SEQR ACTION:  TYPE II-20

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            Business Exemption for Empire Zone

            Mr. Franklin reported on information he learned today concerning 485e – Business Exemption for Empire Zones.  He said that although this exemption is similar to 485b, it is for any property improvement that lies on a property within an Empire Zone including residential properties.  In looking at how the County’s Empire Zone was designated, there are 160 residential properties.  In addition there are 134 pieces of vacant land and 73 municipal-owned properties in the Empire Zone.  Properties in an Empire Zone are eligible for a refund if they are a certified empire zone company.  This exemption would have only reduced their local real property tax – which in turn would reduce the refund the State would give them. 

 

            Mr. Franklin explained that if the County adopted this exemption, each taxing jurisdiction would have to take action to opt in.

            The Committee took no action on this exemption. 

 

Board of Elections

 

            Resolutions

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

 

RESOLUTION NO.      – AUTHORIZING ACCEPTANCE OF A GRANT AND EXECUTION OF CONTRACT BETWEEN THE TOMPKINS COUNTY BOARD OF ELECTIONS (“GRANTEE”) AND THE NEW YORK STATE BOARD OF ELECTIONS (“STATE”) TO IMPROVE ACCESS TO POLLING PLACES

           

WHEREAS, the Help America Vote Act (HAVA) of 2002 mandates reforms to voting systems and procedures, and

WHEREAS, the New York State Board of Elections has allocated certain State funds provided to New York State to improve access to polling places in the amount of $28,074 to Grantee as part of the New York State Budget for FY 2006, now therefore be it                   

            RESOLVED, on recommendation of the Government Operations Committee, That the grant offer from the State be and hereby is accepted in the amount of $28,074 and that the County Administrator is authorized to execute the required documents,

            RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment:

            APPROPRIATION:    1450.54400     Program Expense        $28,074

            REVENUE:                 1450.43089     Other State Aid                       $28,074

SEQR ACTION: TYPE II-20

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Note:  Some of the work that was approved has already been done and the providers have either been paid (and Tompkins County needs to be reimbursed) or are awaiting payment.

 

RESOLUTION NO.        – ACCEPTANCE OF A GRANT AND AUTHORIZING A CONTRACT

BETWEEN THE TOMPKINS COUNTY BOARD OF ELECTIONS (“GRANTEE”) AND THE NEW YORK STATE BOARD OF ELECTIONS (“STATE”) TO IMPROVE ACCESS TO POLLING PLACES

           

WHEREAS, the Help America Vote Act (HAVA) of 2002 mandates reforms to voting systems and procedures, and

WHEREAS, the New York State Board of Elections has allocated certain Federal funds provided to New York State to improve access to polling places in the amount of $13,487 to Grantee as part of the New York State Budget for FY 2006, now therefore be it                   

            RESOLVED, on recommendation of the Government Operations Committee, That the grant offer from the State be and hereby is accepted in the amount of $13,487 and that the County Administrator is authorized to execute the required documents,

            RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment:

            APPROPRIATION:    1450.54400     Program Expense        $13,487

            REVENUE:                 1450.43089     Other State Aid                       $13,487

SEQR ACTION: TYPE II-20

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Note:  Some of the work that was approved has already been done and the providers have either been paid (and Tompkins County needs to be reimbursed) or are awaiting payment.

 

RESOLUTION NO.      – AUTHORIZING ACCEPTANCE OF A CONTRACT BETWEEN THE TOMPKINS COUNTY BOARD OF ELECTIONS (“GRANTEE”) AND THE NEW YORK STATE BOARD OF ELECTIONS (“STATE”) FOR VOTER EDUCATION AND POLL WORKER TRAINING

           

WHEREAS, the Help America Vote Act (HAVA) of 2002 mandates reforms to voting systems and procedures, and

WHEREAS, the New York State Board of Elections has allocated certain Federal funds provided to New York State for poll worker training and voter education in the amount of $56,148 to Grantee as part of the New York State Budget for FY 2006, and

            WHEREAS, the Parties acknowledge that this is a “reimbursement based” contract, based on reimbursement of 95 percent of the amount expended by the Grantee, now therefore be it                   

            RESOLVED, on recommendation of the Government Operations Committee, That the grant offer from the State be and hereby is accepted in the amount of $56,148 and that the County Administrator is authorized to execute the required documents.

SEQR ACTION: TYPE II-20

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Note:  Some of the work that was approved has already been done and the providers have either been paid (and Tompkins County needs to be reimbursed) or are awaiting payment.

 

            Equipment Update

            Ms. Kiefer updated the Committee on the most recent information she received concerning voting machines.  The State Board of Elections hired a company named Ciber to be the “independent tester” of machines.  However, unknown to New York State this company had their Federal accreditation withdrawn last summer because of serious flaws in their reporting and other issues.  

 

Committee Meeting Schedule

 

            The Committee continued its discussion concerning the 2007 meeting schedule; however, consensus was not reached.  Mr. Stevenson requested the Committee to consider the second or fourth Friday from 3:00 to 5:00 p.m. and discuss the meeting schedule further at the next meeting.  

 

Appointments

 

            It was MOVED by Ms. Mackesey, seconded by Mr. Hattery, and unanimously adopted by voice vote, to approve and submit the appointment of Dooley Kiefer to the Ethics Advisory Board for a term that expires December 31, 2010.

 

Liaison Assignments

 

            The following liaison assignments were made:

 

            The History Center – Pam Mackesey

            Public Information Advisory Board – Greg Stevenson

            Library Board of Trustees – Mike Sigler, Dooley Kiefer (alternate)

 

Committee Goals

 

            Mr. Stevenson reported briefly on his meeting with Deputy County Administrator Paula Younger and what the expectations for setting goals should be.  He is requesting a reasonable but short list of goals.

           

            At this time, the Committee reviewed the 2006 goals and provided the following suggestions and ideas for 2007:

 

·       Assessment – review trends in terms of tax exempt properties (Mackesey)

·       Board of Elections – voting machines; Electronic Document Management System (update); charge backs to municipalities (Sigler)

·       Countywide – staffing levels, number of departments and structure (Sigler)

·       Administrative Manual – review and update certain policies as needed (Kiefer)

·       Define roles of Department Heads, County Administration, and the Legislature – organizational culture and values (Whicher)

·       Develop an overall picture of Administrative Department and Legislative goals (Hattery)

·       Tompkins County Council of Governments – progress reports (Stevenson)

·       Advisory Board appointment policy – review (Stevenson)

·       Email System - Communications Policy (Kiefer)

·       History Center – arrangement with County (Kiefer)

 

Ms. Kiefer suggested a work plan calendar be developed for this year.  Following discussion, Mr. Stevenson requested Committee members to send him information about their suggested goal(s) and include the need and outcomes. He will meet with Ms. Younger again and reconcile the Committee’s ideas and create logical goals to bring back to the next meeting for further discussion. 

 

Adjournment

 

            The meeting adjourned at 5:42 p.m. 
 



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