MINUTES
GOVERNMENT OPERATIONS COMMITTEE
OCTOBER 19, 2005          2:30 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present:  M. Lane, Chair; G. Totman; D. Booth; K. Herrera (arrived at 2:37 p.m.); D. Kiefer (arrived at 2:37 p.m.)

Staff:      S. Whicher, County Administrator; C. Covert, Clerk of the Legislature; D. Squires, Finance Director; J. Wood, County Attorney, M. Hertzberg, Assistant County Attorney; E. Marx, Planning and Public Works Commissioner; S. Estes, Deputy Personnel Commissioner; A. Fitzpatrick, Personnel Commissioner

Guests:     Meg Cole

Called to Order

    The meeting was called to order at 2:34 p.m.

Changes to Agenda

    The following items were added to the agenda:

    - Resolution - Returned Village of Taxes
    - Resolution - Returned School Taxes
    - Resolution - Adoption of Apportionment of Taxes for 2005
    - Budget Transfer - Legislature

Report from the Committee Chair

    Mr. Lane did not have a report.

Report from the County Attorney

    Mr. Wood said he did not have a report; however, he later introduced the new Assistant County Attorney, Meira Hertzberg.

Year-End Resolutions

    It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve and submit the following resolution to the full Legislature for approval:

RESOLUTION NO.     - RETURNED VILLAGE TAXES

    WHEREAS Article 14 of the Real Property Tax Law authorizes village tax collectors to return to the County Treasurer a listing of unpaid taxes for enforcement, and
    WHEREAS the Villages of Cayuga Heights, Dryden, Freeville, Groton, Lansing, and Trumansburg are authorized to submit their unpaid taxes to the County for enforcement, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 2006 tax rolls the amount of the uncollected village taxes that remain unpaid and that have not been heretofore relevied on town tax rolls and that have been returned by the village tax collectors of the various villages to the County Finance Director, and that said returned village taxes be reassessed and relevied on town tax rolls as they are returned and that said returned village taxes be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto.
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    It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve and submit the following resolution to the full Legislature for approval:

RESOLUTION NO.     - RETURNED SCHOOL TAXES

    WHEREAS Article 13 of the Real Property Tax Law authorizes school district tax collectors to submit by November 15th a listing of unpaid taxes to the County Treasurer for enforcement, and
    WHEREAS the County guarantees the school districts payment of the unpaid taxes by April 1 of the year following the return, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 2006 tax rolls the amount of the uncollected school taxes that remain unpaid and that have not been heretofore relevied on town tax rolls and that have been returned by the collectors of the various districts, exclusive of the Ithaca City School District, to the County Finance Director and that said returned school taxes be reassessed and relevied on town tax rolls as they are returned, and that said school taxes returned in 2005 be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto.
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    It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve and submit the following resolution to the full Legislature for approval:

RESOLUTION NO.     - ADOPTION OF APPORTIONMENT OF TAXES FOR 2005

    WHEREAS, the report of equalization rates and totals (footings) of assessment rolls has been prepared and approved by the Assessment Director, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the report of the Director of Assessment be accepted and adopted, and the valuation of real property and franchise be based on the 2005 final assessed values for the purposes of general and highway tax levied against the several tax districts of the County and that the values determined therein be set forth as the basis for such general and highway tax levies for the year 2006,
    RESOLVED, further, That several amounts therein listed for State tax and County tax for general County purposes for 2006 be assessed against, levied upon, and collected from taxable property of the several towns and City liable therefore.
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Report from the Finance Director

    Mr. Squires updated the Committee on the status of the foreclosure action filed on October 21st.  There have been a number of redemptions including 18 on vacant land and 10 residential.  He reported on one individual that has defaulted on their agreement by not paying the school and current taxes and the property is now back in foreclosure. 

    Ms. Herrera and Ms. Kiefer arrived at this time.
Mr. Squires commented that Biggs A, which had been in foreclosure, was resold with the taxes being paid off at the time of closing; it was purchased by Cayuga Medical Center. 

Report from the County Administrator

    Mr. Whicher reported the Blue Collar Union has not yet settled, but they have requested to come back to mediation.  He said a brochure of high quality was prepared for the public by the Union and the names and telephone numbers of Legislators appear in it and that members of the union may be in contact with Legislators. 

Report from the Public Information Officer

    Ms. Skinner was not present.

County Clerk

    Request to fill vacancy
    It was MOVED by Mr. Booth, seconded by Ms. Herrera, to approve the request to fill the vacant position of Motor Vehicle Examiner as presented.  However, it was noted that some of the questions on the request form were not filled in and there was a question concerning the Department's diversity plan for recruitment.  The Committee agreed to delay voting on this request until the questions could be answered; Mr. Whicher agreed to follow-up.  Further discussion and vote took place later in the meeting.

County Attorney

    Resolutions - Leasing Elmira Road Property
    Mr. Wood presented two resolutions to the committee:  one declaring the property no longer needed for public use, and one to permanently lease said property.  It was also noted that a resolution was prepared to sell the parcel if the Committee wished to consider that option.

    Ms. Herrera asked if there were any constraints on the use of property with leasing.  Mr. Wood commented the lease agreement could contain any terms and conditions the Committee requests.   He would make sure the lease contains language that the County is not responsible or liable.  Mr. Lane clarified that the concern is large retailers often restrict people from being on their property and engaging in free speech.  He understands this is one area that needs to be discussed during negotiations of the lease.  Mr. Wood reminded the Committee that this area is primarily a road. 

    In response to a question from Mr. Booth, Mr. Wood said there will be an indemnifying clause in the lease. 

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

RESOLUTION NO.       - DETERMINING THAT A CERTAIN PROPERTY LOCATED ON ELMIRA ROAD IN ITHACA IS NO LONGER NEEDED FOR A PUBLIC USE

WHEREAS, Will-Ridge Associates, LLC (a company associated with Benderson Development Corporation) has constructed a retail commercial development on Elmira Road in the City of Ithaca, and
WHEREAS, a recent title search by Monroe, Tompkins, Watkins Title Agency, LLC, establishes that the County of Tompkins is the title owner of a portion of the premises developed by Will-Ridge, and
WHEREAS, the property is a .25 acre, irregularly shaped parcel located in a heavily developed urban corridor, and
WHEREAS, Will-Ridge has constructed certain improvements on the property including a road providing access to the development and a sign for advertising purposes, and
WHEREAS, it has been determined that there are no significant natural, cultural, or historical resources on the property and that the current use of the property conforms with the City plans for the area, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the property is not suitable for development by the County,
RESOLVED, further, That the property is no longer needed for a public use.
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    It was MOVED by Ms. Herrera, seconded by Ms. Kiefer, to approve and submit the resolution authorizing the County Administrator to lease the property located on Elmira Road in Ithaca.  Mr. Lane requested the lease be reviewed by the Committee before it is signed.  Mr. Whicher reminded the Committee of the policy that excess land owned by the County will be disposed of in a certain manner and feels this property could expose the County to unnecessary exposure.  Mr. Booth spoke of his preference to sell the property as recommended by the County Administrator; Mr. Totman agreed. Copies of a draft resolution to sell the property were distributed at this time.

    It was MOVED by Mr. Totman, seconded by Mr. Booth, to approve and submit the following resolution to the full Legislature for approval.  A brief discussion followed and Mr. Booth stated that he normally supports keeping property that is manageable, but feels this property should be sold as it is a very small piece of land.  Mr. Whicher reminded the Committee that the County may own other property along Route 13 and will need to discuss property rights issues at a future meeting.  Mr. Lane feels this property is part of a road system and that the County should not sell it. 

    A voice vote on the resolution to sell the property on Elmira Road in Ithaca resulted as follows:  Ayes - 2 (Booth and Totman); Noes - 3 (Herrera, Kiefer, and Lane).  MOTION FAILED.

RESOLUTION NO.     - AUTHORIZING THE COUNTY ADMINISTRATOR TO NEGOTIATE THE SALE OF PROPERTY LOCATED ON
   ELMIRA ROAD IN ITHACA

WHEREAS, Will-Ridge Associates, LLC (a company associated with Benderson Development Corporation) has constructed a retail commercial development on Elmira Road in the City of Ithaca, and
WHEREAS, a recent title search by Monroe, Tompkins, Watkins Title Agency, LLC, establishes that the County of Tompkins is the title owner of a portion of the premises developed by Will-Ridge, and
WHEREAS, Will-Ridge has constructed certain improvements on the property including a road providing access to the development and a sign for advertising purposes, and
WHEREAS, the property is a .25 acre, irregularly shaped parcel located in a heavily developed urban corridor, and
WHEREAS, it has been determined that there are no significant natural, cultural, or historical resources on the property and that the current use of the property conforms with the City plans for the area, and
WHEREAS, it has been determined that the property is no longer needed for a public use, and
WHEREAS, the City of Ithaca has advised that the city has no interest in purchasing the property or in delaying a sale of said property, and
WHEREAS, the County and Will-Ridge executed a License Agreement commencing January 1, 2005, for a period of six months and extended said License Agreement for an additional six month period as of June 1, 2005, and
WHEREAS, the County Administrator has recommended sale of the property, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to execute documents transferring title of the parcel to Will-Ridge Associates, LLC, (or an associated company) for an amount which shall not be less than its fair market value as determined by a qualified appraiser.
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A voice vote on the original resolution to lease the property on Elmira Road in Ithaca resulted as follows:  Ayes - 4 (Booth, Herrera, Kiefer, and Lane); Noes - 1 (Totman).  RESOLUTION CARRIED.  Mr. Booth requested the resolution to sell the property be available as a substitute when this subject is considered by the Legislature.  Mr. Lane also requested that the map of Route 13 showing those parcels noted above be made available to discuss in executive session at the Legislature meeting. 

RESOLUTION NO.    - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A LEASE FOR PROPERTY LOCATED ON ELMIRA ROAD IN ITHACA

WHEREAS, Will-Ridge Associates, LLC (a company associated with Benderson Development Corporation) has constructed a retail commercial development on Elmira Road in the City of Ithaca, and
WHEREAS, a recent title search by Monroe, Tompkins, Watkins Title Agency, LLC, establishes that the County of Tompkins is the title owner of a portion of the premises developed by Will-Ridge, and
WHEREAS, Will-Ridge has constructed certain improvements on the property including a road providing access to the development and a sign for advertising purposes, and
WHEREAS, the property is a .25 acre, irregularly shaped parcel located in a heavily developed urban corridor, and
    WHEREAS, it has been determined that there are no significant natural, cultural, or historical resources on the property and that the current use of the property conforms with the City plans for the area, and
WHEREAS, it has been determined that the property is no longer needed for a public use, and
WHEREAS, the City of Ithaca has advised that the city has no interest in purchasing the property or in delaying a sale of said property, and
WHEREAS, the County and Will-Ridge executed a License Agreement commencing January 1, 2005, for a period of six months and extended said License Agreement for an additional six month period as of June 1, 2005, and
WHEREAS, the County desires fair compensation for the use of its property, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to enter into an agreement for a lease of the property to Will-Ridge Associates, LLC, (or an associated company).
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    County Attorney Wood introduced Meira Hertzberg, and summarized her past government experience in Florida and most recently 3 1/2 years here in private practice, especially Family Court.

Resolution - Creation of Capital Reserve Fund for Natural and Recreational Resource Protection

    It was MOVED by Ms. Herrera, seconded by Mr. Booth, to approve and submit the following resolution to the full Legislature for approval.  Mr. Marx said the purpose of the resolution is to establish the reserve fund and said the Planning Department's rollover money will be used for this.  Ms. Kiefer asked if the Committee would agree to adding the following Whereas: "WHEREAS, the Tompkins County Comprehensive Plan calls for conducting a Scenic Resources Inventory and preparing a Scenic Resources Preservation Plan,".  She also asked to add the word "scenic" after …Natural, Scenic,…" in the appropriate places.  The Committee had no objection to the suggestions by Ms. Kiefer.

    A voice vote resulted as follows:  Ayes - 5; Noes - 0.  RESOLUTION CARRIED.

RESOLUTION NO.      -  CREATION OF CAPITAL RESERVE FUND FOR NATURAL, SCENIC, AND RECREATIONAL RESOURCE PROTECTION

    WHEREAS, the Tompkins County Comprehensive Plan identifies Agricultural Resources Focus Areas and Natural Features Focus Areas, and
    WHEREAS, the resources in these areas provide multiple benefits including the production of agricultural and forest products, the protection of surface and groundwater quality and quantity, habitat for wildlife, and outdoor recreation, and
WHEREAS, as outlined in the Comprehensive Plan protection of these resources is critical to the economic well-being and quality of life of the residents of Tompkins County, and
WHEREAS, the Tompkins County Comprehensive Plan includes policies and actions to protect and manage land for agriculture and forestry and to protect and preserve natural resources and recreational amenities in the focus areas, and
WHEREAS, the Comprehensive Plan also calls for the protection of important recreational resources including trails, and
WHEREAS, the Tompkins County Comprehensive Plan calls for conducting a Scenic Resource Inventory and preparing a Scenic Preservation Plan, and
WHEREAS, the Planning Department has requested that $24,000 in certified rollover be used to create a Capital Reserve Fund for Natural, Scenic, and Recreational Resources Protection to assist in implementing the Comprehensive Plan, and
WHEREAS, the net proceeds of sales of County land to the New York State Office of Parks, Recreation and Historic Preservation for the purposes of resource protection and recreation, as authorized by Resolution No. 168 of September 6, 2005, should be reinvested in further protection efforts, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality, Government Operations, and Budget and Capital Committees, That the Tompkins County Legislature creates the Natural, Scenic, and Recreational Resources Capital Reserve Fund,
RESOLVED, further, That the purpose of this fund is to support participation by Tompkins County in partnerships with other levels of government and private organizations to:
 protect and preserve the natural, scenic, and recreational resources found in the Agricultural Resource Focus Areas and Natural Features Focus Areas identified in the Comprehensive Plan;
 preserve and develop recreational trail corridors that cross municipal borders; and
 develop outdoor recreation facilities, within the focus areas, that are intended to serve all county residents,
RESOLVED, further, That expenditures from this fund must be in compliance with the Tompkins County Comprehensive Plan and must be approved by the Legislature,
RESOLVED, further, That the Finance Director is directed and authorized to transfer $24,000 from Planning Department certified rollover plus the net proceeds, less any back taxes due, of pending sales of land in the Towns of Ithaca and Danby to the New York State Office of Parks, Recreation and Historic Preservation, to this fund. 
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Discussion - LGBT (Lesbian, Gay, Bisexual, and Transgender) and Self-Identification

    At Ms. Herrera's request a discussion of LGBT (Lesbian, Gay, Bi-Sexual, and Transgender) voluntary self-identification of County employees was added to the agenda.

Ms. Herrera referenced the Local Law adopted by the Legislature in 2004 entitled A Local Law Barring Discrimination on the Basis of Gender Identity and Expression and commented that the County has not been measuring which, if any, of the County employees fall in the category of LGBT.  One reason she is asking that this information be included on various forms offering voluntary self-identification is it shows the County's commitment even if the information is not completed on the form. 

    She also suggested that this information not just be collected during job interviews, but other opportunities such as programs offered by the County similar to Cornell's effort.  At this time, she circulated copies of forms prepared by Cornell for their Sharing Our World Cornell Colleague Program and feels this could be an area that would create networking assistance and mentoring relationships. 

    Ms. Herrera said she wants to make the organization more welcoming and will continue discussing this issue with the Workforce Diversity and Inclusion Committee. 

    Mr. Booth spoke about the legitimate questions under Affirmative Action that can or cannot be asked at the time of hire.  Once an individual is employed it is wrong to discriminate against them on the basis of age, marital status, gender identity, etc., but not every factor that constitutes an in permissible basis for discrimination may be used as a factor in hiring decisions.  He said it is important to be clear about the purposes for which we are asking for particular pieces of information. 

    Discussion followed concerning the personnel form distributed that is included with application packets to persons seeking County employment and can be voluntarily filled out and returned to the Personnel Department.  Mr. Estes said he only uses the form to measure his effectiveness in recruiting.  The categories on the form are from the Federal EEO (Equal Employment Opportunity) list of guidelines and are the only areas and information collected by Personnel.   Mr. Whicher asked if a box for LGBT could be added to the Personnel form.  Mr. Estes said he could for people who wish to self-identify. 

    Ms. Herrera reiterated her comments that she will discuss this further at the Workforce Diversity and Inclusion Committee and hopes to be able to utilize existing procedures to help measure areas such as LGBT.  She wants people to begin thinking of the legality of, the appropriateness of, and the utility of having information on various forms that people can voluntarily self-identify. 

    Further discussion followed concerning a climate survey of County employees and both Ms. Kiefer and Mr. Booth supported the idea of an employee survey.  However, Mr. Booth did not support requesting certain types of information on forms used during the hiring process. 

County Administrator - Goals and Objectives

    Mr. Whicher briefly reviewed the revised goals and objectives he distributed to the Committee. A few brief comments and minor changes were made and accepted by the Committee and will be incorporated in the final version.  It was MOVED by Mr. Totman, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve the goals and objectives dated October 18th as recommended by the Committee.  Mr. Lane requested that the final version be distributed to the full Legislature.

Approval of Minutes

    It was MOVED by Mr. Totman, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve the minutes of the September 20, 21, 28, and October 4, 2005, meetings as submitted.

Next Meeting

    The meeting scheduled for October 26th was cancelled due to lack of agenda items.

County Clerk (continued)

    Position Request
    Mr. Whicher reported that he contacted the Department and said there is a valid civil service list in place and there are nine positions with the same title in the Department.  In response to the diversity recruitment question, he said the exam was just given, but the Department recognized the need to do more outreach.

    A voice vote resulted as follows on the request to fill the Motor Vehicle Examiner position as presented:  Ayes - 5; Noes - 0.  MOTION CARRIED.

Adjournment

    The meeting adjourned at 3:44 p.m.


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