MINUTES
GOVERNMENT OPERATIONS COMMITTEE
JANUARY 18, 2006 3:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present: K.
Herrera, Chair; D. Kiefer; T. Randall; M. Sigler; G. Stevenson
Staff: C. Covert, Clerk of the Legislature;
D. Squires, Finance Director; S. Whicher, County
Administrator; A. Valenti, County Clerk; M. Reynolds, Deputy
County Clerk
Called to Order
The
meeting was called to order at 3:00 p.m.
Changes to Agenda
It
was MOVED by Ms. Kiefer, seconded by Mr. Sigler, and unanimously adopted by
voice vote, to add the resolution entitled Appointment of Temporary Board of
Assessment Review Hearing Members to Serve on Administrative Hearing Panels.
Assessment
Department
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. Ms.
Kiefer noted that the individuals mentioned in the resolution are the same
individuals who served last year.
RESOLUTION NO. – APPOINTMENT OF
TEMPORARY BOARD OF ASSESSMENT
REVIEW HEARING MEMBERS
TO SERVE ON
ADMINISTRATIVE HEARING
PANELS
WHEREAS, the
Department of Assessment had entered into an annual reassessment program with
the New York State Office of Real Property, and
WHEREAS,
Real Property Tax Law 523-a permits the County Board of Representatives 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 Alice Moore, Edward Laine, Robert Walpole,
Edith Spaulding, 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.
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Committee Chair's
Report
Ms.
Herrera said she did not have a report.
County
Administrator's Report
Mr.
Whicher believes there is a tentative agreement with the Blue Collar Union and he
will provide an update and report at the next Legislature's meeting.
County Attorney's Report
Mr.
Wood was not present for the meeting.
Report from the Finance Director
Mr.
Squires updated the Committee on the foreclosure process and said there are now
22 parcels on the list, down from 148 at the beginning of the process. There are 11 residential and 11
commercial and vacant lots. He
will be visiting the properties in February with appropriate staff from the
Department of Planning. At this
time, Mr. Squires explained the foreclosure process and said the City of Ithaca
properties are handled a little differently as the County enforces its own taxes and all municipal
taxes except the City of Ithaca, which enforces its own and the Ithaca City School District taxes. However, during the auction
proceedings, the County includes City properties being foreclosed.
Mr.
Squires also provided an update on the Lakeside Nursing home bankruptcy
case. The approximate total of
unpaid taxes for this property is $700,000. One of the issues being raised in court is that the taxes
accrued on the property were overstated because the value of the property was
not accurate. At one time, the
property was assessed at 7.5 million dollars. Lakeside Nursing home attorneys are requesting to the
bankruptcy court that the assessment be reduced to allow a sale of the facility
to a trustee to occur; however, it is tied up because of the creditors,
Tompkins County being one of them.
Of the $700,000 back taxes owed, two-thirds of that amount belongs to
the school district. Tompkins
County cannot settle with them voluntarily because of the responsibility of the
school district taxes. If the
assessment is lowered it will result in the County having to charge back the
Town of Ithaca and Ithaca City School District's share which has already been
paid by the County.
Ms.
Kiefer asked if there was any update on the report given at the last Committee
meeting regarding the property owner in the Village of Freeville who defaulted
on their agreement to pay back the taxes owed. Mr. Squires said this property would likely appear on the
next foreclosure cycle.
Ms. Herrera requested that the foreclosure
process be explained in more detail at a future Committee meeting. It was suggested that appropriate staff
from the Planning Department be present as well for the discussion.
Mr.
Squires said the County guarantees school districts their taxes and if we sell
a property and do not make enough to cover our interests; the County then needs
to relevy more taxes to pay the taxes property owners do not pay. Tompkins County has been very
successful with this process and has never had to do that. If the amount we sell a property for at
auction yields more than what is owed, the excess is kept by the County. In the future it is likely that New
York State will require the County to return any excess to the original
owner. Should this happen, we will
have little incentive to hold competitive auctions.
Report from the Public Information Officer
Ms.
Skinner provided the Committee with an overview of her program and explained
her responsibilities: to ensure the public knows what the County is doing, to
gather public input, and to maintain media relations. She attends committee meetings to stay informed about what
is happening, and she offers editorial services to the Legislature. She asked that if anyone notices an
error in any of her reports, it be corrected so it doesn’t become
institutionalized. She has a
Public Information Advisory Board to advise her, and thus the Legislature, the
Public Information Advisory Board meets every two months.
A
brief discussion followed concerning the liaison assignment for the Public
Information Advisory Board. Mr.
Randall expressed interest and the Committee agreed to appoint him as the
liaison to the Public Information Advisory Board.
County Clerk
Resolution
Ms.
Valenti briefly explained the following resolution noting about $3 million is
collected and sent to the State and said she was requesting a six percent
increase this year. The Department
applies for payment by the State of New York for the work done with collecting
the Mortgage Tax on an annual basis.
Mr. Squires inquired about whether he could add his costs to this claim and
was told that Comptrollers claim
their own fees by separate action.
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:
RESOLUTION NO. - TO AMEND
RESOLUTION NO. 15 OF FEBRUARY 2, 2005 -
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 $135,133 per annum to
$143,042 per annum, now therefore be it
RESOLVED,
on recommendation of the Government Operations Committee, That the sum of
$143,0423 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 said sum of $143,042 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.
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Finance Department
Resolution
- Cash Management and Investment Policy
Mr.
Squires said this policy is reviewed annually and that the County invests in
conservative investments. It was MOVED by Mr. Sigler, seconded by Mr.
Stevenson, to approve and submit the following resolution to the full
Legislature for approval. A brief
discussion followed and the suggestions listed below were accepted by the
Committee as friendly amendments to the policy:
·
Delete Partners Trust from list of Depositories as it
is located outside the County
·
Section V - change 40% to 35% in the second bullet
under Institution
A voice vote
resulted as follows on the resolution and policy as revised: Ayes - 5; Noes - 0. RESOLUTION CARRIED. (A copy of the policy is on file with
the original minutes in the Clerk of the Legislature's office.)
RESOLUTION NO. - ADOPTION OF CASH MANAGEMENT AND
INVESTMENT POLICY
WHEREAS,
Article 2 -Section 10 of the General Municipal Law requires each local
government to authorize depositories for public funds, and
WHEREAS,
Article 2 -Section 11 of the General Municipal Law requires each local
government to authorize Permitted Investments for public funds not required for
immediate expenditure, and
WHEREAS,
Article 3 -Section 39 of the General Municipal Law requires each local
government to adopt a comprehensive investment policy which details the local
government's operative policy and instructions to officers and staff regarding
the investment of public funds, and that the Investment Policy shall be
annually reviewed by the local government, now therefore be it
RESOLVED,
on recommendation of the Government Operations Committee, That the Cash
Management and Investment Policy dated January 2006, is hereby adopted.
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Resolution
- Extending Audit Contract
Mr.
Squires briefly explained the resolution and said the auditors have made a very
attractive offer and recommends the County accepts the offer. He is certain that if a Request for
Proposal (RFP) were done that the costs would not be comparable and could cost
the County at least $65,000. He commented
that this is the only firm in the County that does large governmental
units. There are other firms
located in Elmira and Syracuse.
Mr. Randall feels that competition is a good thing. He understands the reasons for staying
with a local firm but agrees with a bidding process as well.
It
was MOVED by Mr. Stevenson, 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. - AUTHORIZING THE EXTENSION OF AUDIT CONTRACT WITH
CIASCHI, DIETERSHAGEN, LITTLE, & MIKELSON, LLP
WHEREAS,
governmental accounting standards and financial reporting requirements are
becoming more complex , and
WHEREAS,
Tompkins County will be required to implement the provisions of GASB 45 which
provides information on the cost of providing benefits to retired employees,
and
WHEREAS,
the modification of financial reporting for compliance with GASB 45 will be
required before December 31, 2006, and
WHEREAS, our
current auditor, Ciaschi, Dietershagen, Little, & Mikelson, LLP, has a
significant understanding of the County’s financial reporting systems which
would enhance the County’s effort to implement the new accounting standard for
reporting of post-employment benefits, now therefore be it
RESOLVED,
on recommendation of the Government Operations Committee, That the Director of
Finance is authorized to accept a proposal for contract extension of the audit
engagement with Ciaschi, Dietershagen, Little, & Mikelson, LLP, for the
years 2005–2006.
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Board of Elections
Report
on Election Equipment - Trip to Henrietta
This
item was deferred until the Election Commissioners were available to attend a
meeting.
Resolution - Designation of Successors - Legislators
A
brief discussion followed concerning the resolution below and Ms. Kiefer noted
two problems with the proposed list of committee chairs: (1) the Public Safety Committee Chair
this year is the Legislature’s Vice Chair, so it makes no sense to list her as
succeeding herself; and (2) the Facilities and Infrastructure Committee Chair
this year is a brand new County Legislator, and having him high on the list of
succession seems inappropriate.
She further pointed out that there are several Legislators who have
served for many years and could be utilized in the list of succession, whether
they are committee chairs or not.
She then specifically suggested Frank Proto, who has the most seniority
and Chairs the Health and Human Services Committee this year, has much
familiarity with County government and would, she is confident, make wise
decisions in an emergency.
Ms. Kiefer said
she supports the revised list, but noted she continues to believe the list
should be by individual names, since that is what we all have in mind when we
consider this, and not by chair titles.
Ms. Herrera said she
preferred to have the list by committees.
It
was MOVED by Mr. Stevenson, seconded by Mr. Sigler, to approve and submit the
following resolution to the full Legislature for approval. A voice vote resulted as follows: Ayes - 4, Noes - 1 (Kiefer). RESOLUTION CARRIED.
RESOLUTION NO. - APPROVAL OF 2006 SUCCESSION OF MEMBERS OF THE
COUNTY
LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR
AND VICE CHAIR
WHEREAS,
Section 2.05 of the County Charter, specifies the succession of members of the
Legislature be designated annually by resolution to serve in the absence of the
Chair and Vice Chair, and
WHEREAS,
the Government Operations Committee recommends the chairs of standing
committees be designated, now therefore be it
RESOLVED, on
recommendation of the Government Operations Committee, That the following order
of succession of County Legislators for the year 2006 be approved to serve in
the absence of the Chair and Vice Chair:
Chair, Health and Human Services
Committee
Chair, Budget and Capital Committee
Chair, Government Operations
Committee
Chair, Planning, Development and
Environmental Quality Committee
Chair, Facilities and
Infrastructure Committee
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Administrative Manual
At
this time, Mrs. Covert distributed copies of the Administrative Manual for
Committee members to review this year.
Ms. Herrera said she hoped the Committee could review certain policies
that may need modifying and/or updating.
Ms. Kiefer hoped that the policy statements in the manual could be
separated out for legislative use.
She feels it would be helpful to have a list of policy statements for
reference and asked either staff and/or Committee members to assist with this
effort.
Ms.
Skinner said a review and possibly revamp of the Administrative Manual is part
of County Administration's goals and objectives this year.
Ms.
Herrera asked Committee members to familiarize themselves with the Manual and let
Mrs. Covert know if there are policies members would like to review and
discuss.
Departmental Tours
A
discussion followed concerning tours of various departments that report to this
Committee. There was
interest expressed in touring the following departments:
Finance
and Law - February
Human
Rights - March
Library
- April
Assessment
County
Clerk
Ms.
Kiefer feels that space and security issues should be included in the
discussions during the tours.
As
requested, Ms. Herrera explained the difference between the Committee's
responsibilities for the library and the Special Library Committee and its
charge. She said the Special
Committee will be looking at the relationship between the library and the
Legislature and the level of support and funding needed. This Committee's responsibility
includes all other library matters as well as the rural libraries and reading
centers.
Appointments
It
was MOVED by Mr. Sigler, seconded by Mr. Stevenson, and unanimously adopted by
voice vote, to approve and submit the following appointments to the full
Legislature for approval:
Library Board
of Trustees
Nancy
Schuler - term expires December 31, 2008
Public
Information Advisory Board
Larry
Roberts - term expires December 31, 2007
Approval of Minutes
It
was MOVED by Ms. Kiefer, seconded by Ms. Herrera, and unanimously adopted by
voice vote, to approve the minutes of the December 15, 2005 meeting as
corrected.
2006 Committee Goals
Ms.
Herrera reviewed the list of proposed goals she prepared for the Committee to
consider and discuss. She hoped
the Committee could be proactive and not reactive. Ms. Kiefer asked and the Committee agreed to include privacy
issues on the list of goals as a separate item. Ms. Herrera commented that next month the Performance
Reviews policy will be coming forward for the Committee to consider. Ms. Kiefer also requested the Committee
discuss the proposed changes to the Annual Financial Disclosure form as
recommended previously by the Ethics Advisory Board at a future meeting. Mr. Squires said that the Committee may
want to look at human resource information systems such as the County's payroll
system and consider modernizing the process. Ms. Kiefer suggested that new Legislators may be interested
in touring the rural libraries at some point during their term. Mr. Sigler requested that special
attention be given to the subject of Election equipment.
Adjournment
The
meeting adjourned at 4:56 p.m.
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