Excused: D. Kiefer

Staff:  S. Whicher, County Administrator; K. Smithers, Deputy County Administrator; D. Squires,  Finance Director; J. Kippola, Contracts Coordinator; W. Skinner, Public Information Officer; J.  Wood, Deputy County Attorney; S. Cook, County Attorney's Office; J. Yoder, Benefits Manager;  G. Smith, Human Rights Department; S. Martel-Moore, Human Rights Director

Called to Order

         The meeting was called to order at 12:00 p.m. Mr. Koplinka-Loehr announced Chair Mink appointed Representative Joseph to serve on the Committee for this meeting.

Changes to Agenda

         The resolution entitled Approval of Designation of Successors was added to the agenda.

Chair's Report

         Mr. Koplinka-Loehr said he did not have a report.

County Administrator's Report

         Mr. Whicher reported the final four interviews for Planning Commissioner will be held soon. Five of the six people were selected for the final interviews. He said 10 applications for the Communications Director have been received to date. The search committee meeting for that position will be held tomorrow to set up procedures.

County Attorney's Office

         Proposed Change in General Municipal Law
         Mr. Wood distributed copies of a memorandum informing the Committee of a change in General Municipal Law which has attracted the attention of many counties. His office has also been receiving several phone calls concerning this. It could increase the potential liability of the County to its deputy sheriffs by allowing them to sue the County if there was a violation of a rule by another member of the department. Already 35 counties have written to their Legislature complaining about this because it could increase the cost to counties. Tompkins County has been asked to join other counties in writing to our representatives in the legislature. Mr. Wood said he believes it is appropriate and agrees with writing the letters. The Committee felt a resolution from the full Board would be the most appropriate. Mr. Wood agreed to draft language for the Board to consider.
 
        It was MOVED by Mr. Lalley, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to authorize the Deputy County Attorney to draft said resolution and forward it to the Board.

         Representation of Public Library
         Mr. Wood said the County Attorney's office has in the past represented the Library on minor issues. However, there have been several labor issues recently that have taken a significant amount of time and he feels it should be brought to the Committee's attention for discussion and guidance. The question is whether the County Attorney's office should continue representing the Library and if so what arrangements should there be.

         Mr. Squires said the Library is listed as a component unit, but it is unclear what the County's responsibilities are. The definition of a component unit is that the County provides a majority of the money to the operation and appoints a controlling number of people to their Board of Trustees. The Library operates independently, they do not follow a lot of the law in their financial procedures, they have independent sources of money, and at their convenience they have used the County to cover some of their overhead. Some of the Library's benefits are under the County's plan such as the retirement system, health insurance, etc. Mr. Joseph said he is not inclined to change the current arrangement. The only concern he has is if there is a major liability case where the County and the Library do not agree on how to handle it. In addition to looking at how much time the County's legal department spends on legal issues, Mr. Koplinka-Loehr suggested that the amount of time other departments spend working with the Library be documented.
 
        Mr. Koplinka-Loehr suggested having administration meet with some of the Library's Trustees to discuss and outline some of the concerns raised at this meeting. The Committee agreed to continue with the current arrangement for the short term until some of these questions are answered.

         Malpractice Claim
         Mr. Wood updated the Committee on the insurance matter as it is related to the Padula Case. He said the insurance company the County is using and which hired our Counsel is bankrupt. It has been taken over by the Commissioner of Insurance and it is unclear how much money there might be to pay for our defense and eventual payment, if any. Ms. Kippola informed the Committee that the County is no longer using this company; however, it is responsible for paying the legal and settlement costs for the Padula Case. She said that when an insurance company goes out of business, a fund called New York State Guarantee Fund will pay up to $1,000,000, but at this time no demand has been issued.
 
        Resolution
         It was MOVED by Mr. Lalley, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to submit the following resolution to the Budget and Capital Committee for approval:

RESOLUTION NO.  - AUTHORIZATION FOR CONTINGENT FUND APPROPRIATION TO COVER OUTSIDE LEGAL FEES
RELATED TO REDISTRICTING LAWSUIT – COUNTY ATTORNEY

        WHEREAS, outside counsel was obtained to facilitate the County’s defense in the recent redistricting lawsuit imposed by the Town of Ithaca, and several other parties, and
         WHEREAS, the County has been billed by Harris Beach, LLP, for legal services through August 31, 2001 in the amount of $2,670.36, representing the third phase of counsel and defense, and
         WHEREAS, payment is now due, and
         WHEREAS, the Board of Representatives hereby acknowledges that future billings are anticipated making to total County cost of this case approximately, $65,000, now therefore be it
         RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance be authorized and directed to make the following budget appropriations:
         FROM:  A1990.54400  Contingent Fund  $2,618.16
         TO:  A1420.54442  Professional Services  $2,618.16
SEQR ACTION: TYPE II-20

Public Information Officer's Report

         Ms. Skinner announced there would be a few vacancies on the Public Information Advisory Board and asked Committee members if they knew of anyone interested in serving, to refer them to her for any questions.

Finance Director's Report
 
        Mr. Squires distributed a list of 1,275 names of people who did not pay their taxes for 2001. These names will be printed in the Ithaca Journal on Saturday. Also printed in the paper will be over 200 foreclosures notices: 122 for vacant land and 85 residential items. It was noted that Lakeside Nursing Home was on the list. He said his department is sending out proposals for the County's payroll banking services. It is being sent to all the banks on the depository list.

         Mr. Whicher questioned the status of discussions with Lakeside Nursing Home. Mr. Squires said he spoke with them very early in the process when they were one year behind and encouraged them to enter an agreement. Following receipt of the advertising letter, the nursing home asked what there options were. Mr. Squires said they could enter into an agreement or they would be subject to foreclosure. He said the ownership is a real question because the operator is not the owner.

         Mr. Squires reported the payroll disbursement was last bid in 1997 and awarded the contract to M & T. It is a three-year agreement with the option to renew. However, he said he prefers to solicit again.

Approval of Minutes

         It was MOVED by Mr. Lalley, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve the minutes of the September 6th meeting as submitted.

County Administration

         Military Leave Policy
         Mr. Whicher explained the current policy allows an employee to paid up to 22 work days on an annual basis for military leave. Two employees have maximized that benefit and could potentially be called for active duty. In addition there are other staff in the National Guard and Reserves who could also be called. He said the current policy would be inadequate if that were to occur.

         Ms. Yoder explained there are two issues. One is the continuation of health insurance. She referenced a law called Uniformed Services Employment and Reemployment Rights Act of 1994 which states that if an employer currently has a policy in place for other types of leaves and treats those people a certain way with regard to health insurance benefits then people on military leave must be considered to be on a leave of absence and treat them the way you treat your best people. Ms. Yoder said that when a County employee is ill and out of work and has exhausted their disability benefits, they are permitted to continue employee health insurance by only paying the employee share. It is her opinion that the County is covered with regard to the health insurance issue.

         The second issue is wages. The military law permits the County to pay 22 work days per year. A proposal was distributed from Law Enforcement Officers Union Council 82 which is a negotiated Memorandum of Understanding with State employees. It offers a supplemental military pay which gives people called up on leave an additional 22 days of pay plus an extension between military pay and their regular pay through September 10, 2002.

         Mr. Penniman stated his support for subsidized pay but not full pay. Mr. Joseph concurred.

         The Committee agreed to a policy offering subsidized pay. Discussion followed concerning the period of time this policy would be in effect.

         It was recommended that a resolution be prepared including options for the Committee to consider at a special meeting prior to the October 16th Board meeting.

Assessment Department

         Resolutions
         It was MOVED by Mr. Joseph, seconded by Mr. Lalley, and unanimously adopted by voice vote by members present, to submit the following resolutions to the full Board 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 2002 tax rolls the amount of the uncollected village taxes returned by the various village tax collectors of the various villages to the County Finance Director that remain unpaid and that have not been heretofore relevied on town tax rolls, 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.
SEQR ACTION: TYPE II-20

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 2002 tax rolls the amount of the uncollected school taxes returned by the collectors of the various districts, exclusive of the Ithaca City School District, to the County Finance Director that remain unpaid and that have not been heretofore relevied on town tax rolls 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 2001 be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto.
SEQR ACTION: TYPE II-20

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

        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 2002.
SEQR ACTION: TYPE II-20

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 2001, and for the apportionment of County taxes levied in 2002, 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                                                          103,955,191                                   100                                  103,955,191
Town of Danby                                                             133,608,922                                   100                                  133,608,922
Town of Dryden                                                            515,574,244                                   100                                  515,574,244
Town of Enfield                                                               97,569,182                                   100                                    97,569,182
Town of Groton                                                             151,122,243                                   100                                  151,122,243
Town of Ithaca                                                              748,030,999                                   100                                  748,030,999
Town of Lansing                                                           770,239,717                                   100                                  770,239,717
Town of Newfield                                                          151,882,510                                   100                                  151,882,510
Town of Ulysses                                                           233,200,663                                    100                                  233,200,663
City of Ithaca                                                                 842,093,082                                    100                                  842,093,082
TOTALS                                                                    $3,747,276,753                                                                       $3,747,276,753
SEQR ACTION: TYPE II-20

         Solar and Wind Energy System Exemption
         It was MOVED by Mr. Lalley, seconded by Mr. Penniman, to submit the following local law to the full Board pending County Attorney approval. Discussion followed concerning the required construction and start date or other time requirements. A question on the amount of work this may create for the department was raised and it was felt by staff that it would be minimal.

         A voice vote resulted as follows on the local law: Ayes - 4; Noes - 0. MOTION CARRIED.

        A Local Law Amending Chapter 150 of the Charter and Code by Adding a New Article VII Authorizing Property Tax Exemption for Solar or Wind Energy Systems

        Section 1. This Local Law amends Chapter 150 of the Charter and Code to add a new Article VII Authorizing Property Tax Exemption for Solar or Wind Energy Systems.
        Section 2. New Sections 150-43 and 150-44 are added to the Tompkins County Charter and Code which shall read as follows:
 150-43 Exemption. Pursuant to Section 487 of the Real Property Tax, there shall be an exemption from taxation to the extent of any increase in assessed value for a period of 15 years resulting from the construction of any solar or wind energy system approved by the State Energy Research and Development Authority. Such property is liable for special ad valorem levies and special assessments.
 150-44 Such construction must be (a) in existence or constructed prior to July 1, 1988 or (b) constructed after January 1, 1991 and before January 1, 2006.
        Section 3. This Local Law shall take effect immediately upon filing with the Secretary of State.

         Gold Star Parent Exemption
         It was MOVED by Mr. Penniman, seconded by Mr. Laley, to submit the following local law to the full Board. Mr. Joseph expressed his concern that this law only provides the benefits to parents who own property and their child dies in the line of duty while serving in the Armed Forces during a period of war. He said there has been a fair amount of controversy over other similar veterans benefits and that it only supports veterans that own property. He said complaints have also been received from members of veterans organizations. Mr. Penniman said he agrees with Mr. Joseph's concern.

         A voice vote resulted as follows on the local law: Ayes - 1 (Representative Koplinka-Loehr); Noes - 3 (Joseph, Lalley, and Penniman). MOTION FAILS.

        A Local Law Amending Chapter 150 of the Charter and Code by Adding a New Article VII Authorizing Amendment to the Alternative Veterans Exemption to Allow for the Gold Star Parent Exception

        Section 1. This Local Law amends Chapter 150 of the Charter and Code to amend Article VII to allow for the Gold Star Exception to the Alternative Veterans Exemption.
        Section 2. New Sections 150-43 and 150-44 are added to the Tompkins County Charter and Code which shall read as follows:
 150-43 Exemption. Pursuant to Chapter 326 of the Real Property Tax Law, this exemption amends the alternative veterans exemptions (RPTL 458 - (a)) to allow for parents of children who died in the line of duty while serving in the United States Armed Forces during a period of war to receive the benefits of this exemption.
        Section 3. This Local Law shall take effect immediately upon filing with the Secretary of State.
 Resolution
 
        It was MOVED by Mr. Lalley, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to submit the following resolution to the full Board for approval:

RESOLUTION NO.  - AUTHORIZING THE DIVISION (DEPARTMENT) OF ASSESSMENT TO CHARGE A NOMINAL FEE FOR TAX
    MAP ALTERATIONS DUE TO THE FILING OF APPROVED  SUBDIVISIONS

         WHEREAS, the Tompkins County Division (Department) of Assessment is mandated by New York State Real Property Tax Law to maintain in current condition, tax maps for Tompkins County, and
         WHEREAS, the Tompkins County Division of Assessment maintains said maps using the latest GIS technology, now therefore be it
         RESOLVED, on recommendation of Government Operations Committee, That Section 503-(7) of the New York State Real Property Tax Law be enacted to allow for a minimal charge when placing approved subdivisions on the tax maps,
         RESOLVED, further, That the fee shall be in the amount not to exceed twenty-five dollars for a one through three lot subdivision map, whether intended as an original subdivision or as an alteration, including correction of a prior subdivision, or an instrument abandoning such subdivision map, or a condominium map; fifty dollars for a four through nine lot subdivision map, whether intended as an original subdivision or as an alteration, including correction of a prior subdivision, or an instrument abandoning such subdivision map, or a condominium map; and one hundred dollars for a ten or more lot subdivision map, whether intended as an original subdivision or as an alteration, including correction of a prior subdivision, or an instrument abandoning such subdivision map, or a condominium map,
         RESOLVED, further, That prior to filing a subdivision map with the County Clerk’s Office such map shall be stamped with approval of the Tompkins County GIS Tax Map personnel and the appropriate fee shall be paid to the Division (Department) of Assessment, by any person or corporation filing a map in accordance with the provisions of any general, special or local law or ordinance, or of any county, city or village charter, if such map necessitates any change upon a tax map in order to maintain the map in current condition.
SEQR ACTION: TYPE II-20

         Appointment

         On motion, and duly seconded, and unanimously adopted by voice vote by members present, to submit the following appointment to the full Board for approval:

         Assessment Review Board
         Nelson Bills - term expires December 31, 2006

 Other Business

         Mr. Franklin explained that there is a request to purchase a new car in the proposed 2002 budget covered by rollover money. He is requesting approval to authorize the Purchasing Division to request a bid. The action will allow the department to get the best price. It was the consensus of the Committee to authorize the bid, but not purchase and expend the monies until next year.

Human Rights Department

         Resolution
         It was MOVED by Mr. Lalley, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to submit the following resolution to the full Board for approval:

RESOLUTION NO.  - CREATION OF INTERNSHIP POSITIONS – HUMAN RIGHTS

         WHEREAS, the Board of Representatives has approved $10,000 related to the Human Right’s Department’s 2001 budget for professional services (allocated towards the internship program), and
         WHEREAS, the broad intent of this program is to provide a funding source for the Human Rights Department who identified program needs and can utilize eligible internship candidates under this program to perform research, writing, and special projects, and
         WHEREAS, the County is committed to providing meaningful, challenging hands-on, in-depth work experience for eligible internship candidates, and
         WHEREAS, this program will also enhance and broaden the opportunities for the Human Rights Department to utilize the skills and abilities of eligible candidates to provide a valuable service to the taxpayers of the County, now therefore be it
         RESOLVED, on recommendation of the Government Operations Committee, That four positions (non-competitive class) of Project Assistant, 76/049, are hereby created in the Human Rights Department effective immediately with an hourly range of pay between $7.00 and $15.00 per hour, no benefits and a work week not to exceed thirty-five (35) hours.
SEQR ACTION: TYPE II-20

Executive Session

         It was MOVED by Mr. Lalley, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to hold an executive session to discuss personnel matters. An executive session was held at 1:27 p.m. and returned to open session at 1:55 p.m.

Administration
 
         Resolution
         It was MOVED by Mr. Penniman, seconded by Mr. Lalley, and unanimously adopted by voice vote by members present, to submit the following resolution to the full Board for approval:

RESOLUTION NO.  - AUTHORIZATION FOR TRANSFER OF POSITION AND FISCAL TARGET ADJUSTMENT – PLANNING AND
     ADMINISTRATION

        WHEREAS, Board Resolution No. 121 of 2000 directed the Deputy County Administrator to act on behalf of Tompkins County in collaboration with other appropriate staff and consultants in all matters related to the Communications Capital Project, and
         WHEREAS, much of this work was delegated to the Environmental Planner in the Planning Department, and
         WHEREAS, the expanded responsibilities have resulted in a reclassification of the position from Environmental Planner to Capital Program Coordinator with immediate emphasis on the Communications Capital Project and considerable review of all other impending capital projects, and
         WHEREAS, the Capital Program Coordinator position will be under the direct administrative oversight of the County Administrator, now therefore be it
         RESOLVED, on recommendation of the Government Operation, Planning, and Budget and Capital Committees, That the position of Capital Program Coordinator (Grade ; job ) be transferred from the Planning Department to the County Administrator’s office effective immediately,
         RESOLVED, further, That the following budget adjustment be made for the remainder of 2001:

     FROM: Planning A8010.51000 Environmental Planner    $9,026
                   Planning A8020.58800 Fringes      $2,257
     TO:  Administration A1230.51000 Capital Program Coordinator  $9, 026
              Administration A1230.58800 Fringes     $2,257
         RESOLVED, further, That a one-year Fiscal Target adjustment be made for 2002 only to decrease the Planning Department Fiscal Target (Base Budget) by $47,427 with a commensurate increase in the County Administrator’s Fiscal Target (Base Budget) of $47,427.
SEQR ACTION: TYPE II-20

County Clerk

         Resolution
         It was MOVED by Mr. Lalley, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to submit the following resolution to the full Board for approval:

RESOLUTION NO.   - AUTHORIZATION TO ACCEPT A GRANT FROM THE  STATE ARCHIVES

         WHEREAS, the Records Office has been notified of a grant award from the State Archives in the amount of $74,788, and
         WHEREAS, the State Archives grant represents a collaborative effort between the County Clerk’s Office and Records Management to microfilm permanent and archival civil records, now therefore be it
         RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award,
         RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment:
 BUDGET ADJUSTMENT
 Appropriation:  A1410.54442 Professional Services  $68,008
                             A1410.51000 Regular Pay   $ 6,780
 Revenue:           A1410.43089 Other State Aid   $74,788
SEQR ACTION: TYPE II-20

Resolution - Designation of Successors

         It was noted that this resolution should be sent to Department Heads for verification prior to action by the Committee.

Adjournment

         The meeting adjourned at 2:00 p.m.