MINUTES
GOVERNMENT OPERATIONS COMMITTEE
OCTOBER 9, 2003          2:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present:  M. Koplinka-Loehr, Chair; T. Todd; M. Lane
Excused: K. Herrera
Absent:   L. McBean
Staff:       D. Squires, Finance Director; S. Whicher, County Administrator; W. Skinner, Public Information; J. Wood, County Attorney; S. Martel-Moore, Human Rights Commission; J.  Franklin, Assessment; V. Coggin, Assessment Director
Guests:    P. Pryor, Common Council; D. Feldman, ILGBTTF; D. Kiefer, Legislator

Called to Order

    The meeting was called to order at 2:05 p.m.

Changes to Agenda

    Mr. Whicher said he would like to provide the Committee with an update on the search for the Social Services Commissioner position and discuss a policy question concerning fund raising.  Revisions to Administrative Manual Policies were added to the agenda as well.

Chair's Report

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

Report from the County Administrator

    Mr. Whicher reported the final interviews for the Social Services Commissioner position were held and he expects to be making a recommendation next week. 

    Mr. Whicher said questions have been raised concerning fund raising efforts by County employees and asked if the Committee wished to provide input.  The Muscular Dystrophy Association drafts employees every year to raise money with the employee calling their family and friends requesting a donation to get them out of "jail".  This year the Association has hired consultants to assist the volunteers drafted with making phone calls and have also asked a County employee to provide their list of vendors.  The County Attorney and Personnel Commissioner were consulted and concerns were expressed with making the list of vendors available.  Mr. Whicher said he will be bringing the Communications policy to the Committee for review and discussion as it relates to this issue.   The question of other staff helping an employee to raise money in order to be released from "jail" was raised, and it was the Personnel Commissioner's opinion that an employee may assist the organization on their own time. 

    It was the consensus of the Committee not to make the vendor lists available and to allow employees continue to fund raise for organizations on their own time. 
   
Report from the County Attorney

    Mr. Wood said he did not have a report.  However, he further commented on Mr. Whicher's report and said that he is in the process of updating the County's Communications policy.

Report from the Finance Director

    Mr. Squires reported his Department completed the updating of the County's accounting system and financial applications.  He said for the remainder of this year the system will be on two databases. 

The Department of Information Technology Services will be training appropriate department staff on the new system.  The first payments to vendors since September 21st will be released tomorrow and the remaining payments will be released next week.  He anticipates at that time his department will be caught up; however, he will be paying some overtime costs to his employees for this work. 

    Mr. Squires said one of his employees has resigned from the position of Administrative Assistant.  There is an employee in the title of Principle Account Clerk that will be promoted and share the duties of both positions within the two divisions of the office.  He will also be requesting the position be increased from 35 hours to 40 hours per week.

    Mr. Squires also reported that this Saturday's newspaper will include the names of the individuals that have not paid their 2003 town and County taxes.  He also provided the Committee with a list of foreclosed properties as of October 1st.  Information was sent to property owners notifying them that their property could be foreclosed in 90 days if the taxes are not paid. 

    Mr. Squires provided an update on the Lakeside Nursing Home bankruptcy case and said a proof of claim was filed for $769,000.  On October 1st the Ithaca City School District taxes will be sent out and the obligation is to pay future taxes on a current basis.  He said he has been in contact with the Ithaca City School District's Superintendent about this issue. 

Public Information Report

    Ms. Skinner said that she met with the Public Information Advisory Board and a concern was raised whether the County adequately informed the public about Off-Track Betting.  She commented that this was handled like other emerging issues including media releases.  She said the Public Information Advisory Committee requested she bring this concern to the attention of the Government Operations and Budget and Capital Committees and ask that in the future other subjects involving the public in a similar manner that Legislators and appropriate staff be more alert. 

    Ms. Skinner spoke briefly about the agenda item concerning the Rules of the Board and presented some suggestions for the Committee to consider. 

Approval of Minutes

    It was MOVED by Mr. Todd, seconded by Mr. Lane, and unanimously adopted by voice vote by members present, to approve the minutes of the September 11th meeting as submitted.

Year-End Resolutions

    It was MOVED by Mr. Lane, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to submit the following resolutions 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 2004 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.
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 2004 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 2002 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 APPORTIONMENT OF TAXES FOR 2004

    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 2003 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 2004,
    RESOLVED, further, That several amounts therein listed for State tax, County tax for general County purposes for 2004 against the several towns of the County and City of Ithaca be assessed against, levied upon and collected from taxable property of the several towns and City liable therefore.
SEQR ACTION:  TYPE II-20
* * * * * * * * *

Proposed Local Law - Anti-Discrimination of the Transgender Community

    At this time introductions were made.  Mr. Koplinka-Loehr asked Ms. Pryor to discuss the proposal to include "gender" in the list of protected classes in the County's Law.  Ms. Pryor said the City recently updated its ordinances and expanded the list of protected classes and hoped the County would do the same.  She explained the characterization of "transgender" and asked if the County would consider adding language that would include members of the transgender community to its Law.

    Mr. Koplinka-Loehr said he asked the County Attorney to prepare draft language for the Committee to consider at the next meeting.

    Mr. Lane asked if the proposal would offer some sort of protection for child sexual offenders who are attracted to children.  Ms. Pryor said the proposal would not increase or diminish the penalties that are imposed by law on any adult who sexually molests a child. 

    Mr. Wood said that it will be very important to classify people correctly in the proposed language.  Ms. Pryor suggested a broadening of the definition of "gender".  Mr. Wood indicated the County's Law does not include a definition of "gender" and stated this proposal will need to be handled differently at the County level.  Ms. Martel-Moore said she would like to have an opportunity to work with the County Attorney and draft a proposal for the Committee to consider.  The County Attorney agreed with this direction. 

Assessment

    AES Cayuga Appraisal
    Ms. Coggin updated the Committee on the status of the appraisal for AES Cayuga.  As the appraisal is necessary and appraising an Energy Generating Plant is a highly specialized field, the Department mailed out three Letter of Interest to the most respected experts believed not to have a conflict of interest.  Two proposals were received (one appraiser stated a conflict of interest).  Upon reviewing the two proposals and based on telephone interviews, Ms. Coggin offered the assignment to Concentric Energy Advisors.  The fee quoted in the proposal for an advisory appraisal was $35,000 plus expenses such as travel, negotiations, etc. 

    There was discussion concerning the Town of Lansing and Lansing School District sharing some of the costs for an appraisal.  Ms. Coggin indicated she will ask the two entities to share the cost as they are major stakeholders.  Following further discussion, it was MOVED by Mr. Todd, seconded by Mr. Lane, and unanimously adopted by voice vote by members present, to request staff to prepare a resolution appropriating up to $40,000 from the Contingent Fund and submit said resolution to the Budget and Capital Committee for approval.

Rules of the Board

       The Committee began reviewing the Rules of the Board and discussing the recommendations submitted by Public Information Coordinator Wendy Skinner.  Following a brief discussion, the first recommendation to change the word "resume" to "application form" was accepted by consensus. 

    Ms. Skinner also made the following suggestion: 

    "…ask the committee and the Legislature, and the public to assist in providing nominees.  The public shall be notified of at-large vacancies and other vacancies that are not determined by specific title or position.  Recruitment of advisory board members shall include outreach efforts in order to assure, whenever possible, geographic and demographic diversity reflective of the community."

    Discussion followed concerning the suggestion above and a question raised as to how a committee chair would notify the public and do the outreach.  Mr. Koplinka-Loehr feels the policy should be as general as possible as one policy cannot fit all committees.  He said he accepts the sentence above that begins with "Recruitment" as it is not too specific.  Further discussion followed and Committee members felt this should be discussed at a future meeting. 

    At this time, the Committee discussed written concerns raised by Legislator Winch and reviewed the following recommendations he submitted:

- Members may file a title so many days before the Committee meeting but a resolution must be filed if a vote is to be taken. Otherwise the topic must be delayed until the next meeting.
- My personal feeling is that it should take five votes to add an item to the agenda if it is added by a Board member.  If staff are to add an item, a letter from the administration (Whicher or Marx) must accompany the resolution.  Some staff are just poorly prepared prior to Committee meetings.

Mr. Whicher said he advises department heads that if they do not provide the information with the agenda, the chair of the committee has the right to reject or delay it.  Mr. Lane feels committees need to be informal enough to get the work done.  He also feels that some of these issues are administrative and that committee rules are not necessary.

Following further discussion, the Committee requested that Legislator Winch attend the next meeting to discuss his concerns and prepare some language for the Committee to consider.  Mr. Koplinka-Loehr also asked Committee members and others if they wish to draft language concerning the diversity issue as recommended by Ms. Skinner.

Personnel Department

    01-28, County-Owned Vehicles
    It was MOVED by Mr. Lane, seconded by Mr. Todd, to submit policy 01-28, County-Owned Vehicles to the full Legislature for approval.  Ms. Kiefer questioned if there were other policies that should be included in the reference section that are linked to this policy; staff agreed to follow-up and make the appropriate changes.  It was the consensus of the Committee to delete the word "procurement" in the Objective section of the policy as there is a policy pertaining to procurement.

    A voice vote resulted as follows on the policy with the changes agreed to by the Committee above and other non-substantive changes: Ayes - 3; Noes - 0; Excused - 2 (McBean and Herrera).  MOTION CARRIED.

    01-37, Motor Vehicle Operator Qualification
Following a brief discussion, the Committee requested that language be added to paragraph D that requires an employee to notify the department head when eight or more points have accumulated on the employee's license.  Following further discussion concerning various driving convictions and an explanation by Ms. Fitzpatrick of current procedures, the Committee agreed to have Ms. Fitzpatrick take the policy back and confer with other counties and the County Attorney.

04-04, Work Week and Work Shift
It was MOVED Mr. Lane, seconded by Mr. Todd, to submit policy 04-04, Work Week and Work Shift, to the full Legislature for approval with the addition of the following phrase to the first sentence of the policy:  "…unless flexible time is approved by the Department Head".  A voice vote resulted as follows:  Ayes - 3; Noes - 0; Excused - 2 (Herrera and McBean).  MOTION CARRIED.

03-04, Family Emergencies
Discussion followed on the Family Emergencies policy and the Committee agreed to change the title of the policy to Emergency Fringe Pool and add appropriate employee contracts to the Reference section.  It was MOVED by Mr. Todd, seconded by Mr. Lane, and unanimously adopted by voice vote by members present, to submit policy 03-04, Emergency Fringe Pool to the full Legislature for approval.

Adjournment

    The meeting adjourned at 4:07 p.m.

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