Present: M. Koplinka-Loehr, Chair; T. Joseph; D. Kiefer; J. Lalley; P. Penniman (arrived at 12:35 p.m.)

Staff: S. Whicher, County Administrator; K. Smithers, Deputy County Administrator; D. Squires, Finance Director; J. Wood, Deputy County Attorney

Called to Order

        The meeting was called to order at 12:02 p.m.

Changes to Agenda

        The following two resolutions were added to the agenda:

• Authorizing a Multiple-Year Agreement with Tompkins County Trust Company for Payroll Banking Services
• Approval of Designations of Successors

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

County Administrator’s Report

        Mr. Whicher said his department is shifting gears from budget to more process--i.e., what we are doing, and why--and started meeting with his staff. He hopes to report back next month with more information. He spoke about an evaluation process for the Administrator’s position. Mr. Koplinka-Loehr suggested appointing a subcommittee; Mr. Lalley, Ms. Kiefer and Mr. Koplinka-Loehr agreed to serve. The Committee is open to suggestions for a process. Mr. Koplinka-Loehr asked Mr. Lalley to take the lead on this and said he hopes to have the evaluation completed before the end of the year. Ms. Kiefer asked Mrs. Covert to check files and provide information on previous evaluations.

        In addition, Mr. Whicher updated the Committee on the search for a Planning Commissioner. The final two candidates are external and staff has been asked to participate in the second round of interviews. He said there are four candidates for the Communications Director position but will advertising nationally. He hopes to have the process for the Communications Director position completed in December. Mr. Lalley offered his assistance in the final round of interviews.

Report from the Finance Director

        Mr. Squires briefly reported on the resolution authorizing an agreement for the County’s payroll banking account. He said he received four proposals and following a review by staff, the proposal from Tompkins County Trust Company was overall the best proposal. He also reported the foreclosure petition was printed in the newspaper yesterday. He said one complication that may occur with taxes involves the Railroads. The Federal Court has authorized the Railroads to pay last year’s assessment with the difference being put into escrow. This action will have an impact of $200,000 on the school districts.

Resolution

        It was MOVED by Ms. Kiefer, 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. AUTHORIZING A MULTIPLE-YEAR AGREEMENT WITH TOMPKINS TRUST COMPANY FOR PAYROLL BANKING SERVICES

        WHEREAS, the Finance Department issued an RFP for banking services related to payroll and direct deposit origination, and
        WHEREAS, all qualified financial institutions domiciled within the County were solicited for such service, and
        WHEREAS, four proposals were received and evaluated by staff representing Payroll, Treasury, and ITS operation, and
        WHEREAS, the evaluation group unanimously recommended that the proposal submitted by Tompkins Trust Company as the most complete, responsive, and financially advantageous, now therefore be it
        RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance is authorized to enter into a multi-year agreement with the Tompkins Trust Company to provide payroll banking services, and that such services will be provided without application of fees or service charges.
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Public Information Report

        Mr. Koplinka-Loehr reported on Ms. Skinner’s behalf. He said the advisory board survey was sent to approximately 600 people with about 110 replies received to date. Most who replied have served two years or more, attend most meetings, and know of the existence of bylaws but think new members may not. Some are not sure if they were sworn in. Vacancies run 3-6 months, and some feel vacancies interfere with the work of the group. Most say recruitment is done through nominating committees or by recommendations of the advisory group. Most say more diversity is needed, in particular African-American representation. Most are happy with the opportunities for their advice to be conveyed to decision-makers and say they feel their opinions are valued but only sometimes followed. Things they say they need help with are publicity and public information, and goal setting. It is Ms. Skinner’s opinion that most functional boards are replying and the least functional are not.

Approval of Minutes

        It was MOVED by Mr. Lalley, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present, to approve the minutes of the October 4 and 16, 2001 meetings as corrected. Ms. Kiefer questioned the votes on the two resolutions in the October 16^th minutes. It is her recollection that Mr. Penniman voted against one of the military leave resolutions and asked if this could be followed upon.

        Mr. Squires reported that this payroll included two people being paid as a result of the military leave resolution.

County Attorney’s Office

        Resolutions
        It was MOVED by Mr. Lalley, seconded by Mr. Joseph, to submit the following resolutions to the full Board for approval. Mr. Joseph announced the Budget and Capital Committee approved the two resolutions to include the cumulative amount that has already been paid. A voice vote on the resolutions with the addition resulted as follows: Ayes – 4; Noes – 0; Excused – 1 (Penniman). RESOLUTIONS APPROVED.

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 September 13, 2001 in the amount of $7,670.01, representing the fourth 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 the total County costs related to this case to date $55,169, 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 appropriation:
    FROM: A1990.54400 Contingent Fund             $7,670.01
     TO:        A1420.54442 Professional Services     $7,670.01
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RESOLUTION NO. AUTHORIZATION FOR CONTINGENT FUND APPROPRIATION TO COVER OUTSIDE LEGAL FEES RELATED TO COMMUNICATIONS SYSTEM - COUNTY ATTORNEY

        WHEREAS, outside counsel was obtained to facilitate the County's defense in the recent communications system lawsuit imposed by the local towns, and
        WHEREAS, the County has been billed by Harris Beach, LLP, for legal services through September 28, 2001 in the amount of $8,384.37, and
        WHEREAS, payment is now due, 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 appropriation:
        FROM:     A1990.54400         Contingent Fund                 $8,384.37
        TO:            A1420.54442         Professional Services         $8,384.37
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        Policy 01-29 – Standards of Conduct
        The following resolution was brought back to Committee to discuss concerns raised by Department Heads.

RESOLUTION NO. - AMENDMENT TO ADMINISTRATIVE MANUAL POLICY 01-29 - STANDARDS OF CONDUCT

        WHEREAS, in 1997, the County Code of Ethics was amended by local law and at the same time the corresponding chapter in the County Administrative Manual (Policy 01-29) was amended to incorporate these changes, and
        WHEREAS, the above action omitted the section on Personal Conduct, now therefore be it
        RESOLVED, on recommendation of the Government Operations Committee, That the following paragraphs be added to Administrative Manual Policy 01-29, Section III - Standards of Conduct as follows:

        The other area of concern was paragraph (l) Visits. Ms. Smithers said Department Heads felt the language was restrictive and non-enforceable. The Department Heads recommended either eliminating the paragraph or revising the wording similar to paragraph (k) Social Gatherings. The suggested wording is as follows:

        "(l) Visits. It is the Department Head’s responsibility to ensure that personal visits in the department are kept to a minimum and do not compromise the ability to carry out the workload of the department."

        Ms. Kiefer raised the issue that Department Head’s decisions or viewpoints may differ. Mr. Joseph does not feel a blanket policy can deal with this type of issue. Ms. Kiefer would like to see the general guidance as in the first draft kept, and add at end that Department Heads can use discretion.

        Mr. Whicher asked and the Committee agreed that paragraphs (j) and (k) be forwarded to the Board for approval and paragraphs (i) and (l) be discussed further at the next Committee meeting.

        It was MOVED by Mr. Lalley, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to submit the above resolution to the full Board as recommended without paragraphs (i) and (l).

        Mr. Penniman arrived at 12:35 p.m.

County Attorney’s Position

        Executive Session
        It was MOVED by Mr. Lalley, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present, to hold an executive session to discuss a personnel matter. An executive session was held at 12:35 p.m. and the Committee returned to open session at 12:45 p.m.

        Restructuring of Office – Job Description
        The Committee discussed the draft job description for the County Attorney’s position. Mr. Koplinka-Loehr briefly reported on meetings held with Mr. Wood and their agreement that within three months Mr. Wood should review internally with staff an appropriate structure and report back to the Committee with a plan. A tentative plan was presented to the Committee and reviewed. Mr. Wood said he has had discussions with staff about a potential structure. He hopes to have more flexibility in the office and have two part-time assistants. He feels this will assist in office coverage as well. One position would primarily work with PINS and Juvenile Delinquents. The other assistant would primarily take over real estate matters the Mr. Theisen had handled, foreclosures, collections, and health issues. Mr. Wood said he would likely handle ethic questions.

        Ms. Kiefer asked and the Committee agreed to add language to the County Attorney’s job description that reflects minimum qualifications of five years experience of practicing law and familiarity with County law.

        The Committee asked that the County Attorney provide monthly reports to the appropriate standing committee next year.

County Administration

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

RESOLUTION NO. - APPROVAL OF DESIGNATIONS OF SUCCESSORS

        WHEREAS, the County Charter and Code at Section 31.08 specifies that the County Administrator and specified department heads shall designate in writing, and in order of succession, the deputies (or in the absence of officially designated deputies, the employees of the department) who shall possess the powers and perform the duties of the principal in the event of the latter’s absence from the County or inability to perform or exercise the powers of the office, and
        WHEREAS, the Charter and Code further requires those designations, except department heads elected on a county-wide basis, to be approved by the Board of Representatives, now therefore be it
        RESOLVED, on recommendation of the Government Operations Committee, That the following designations of successors are hereby approved, and
        RESOLVED, further, That this list is complete and supercedes all previous designations:

Airport Manager Assistant Airport Manager
Airport Terminal Services Coordinator
Operations Supervisor

County Administrator: Deputy County Administrator

County Attorney: Deputy County Attorney
                                 Assistant County Attorney

Commissioner of Social
Services: Director of Eligibility
Director of Services
Director of Administrative Services
Legal Unit Administrator

Fire, Disaster, and EMS
Coordinator: Assistant County Fire Coordinator, Lee Shurtleff

Public Health Director: Public Health Administrator
Medical Examiner: Deputy Medical Examiner, William Klepack, M.D.
Deputy Medical Examiner, Jerome Nosanchuk, M.D.
Deputy Medical Examiner, William Field, M.D.

Mental Health Commissioner: Deputy Commissioner Mental Health Medical Director
                                                     Director of Mental Health Clinic
                                                     Director of Day Program

Director of Finance: Budget and Finance Manager

Commissioner of Personnel: Benefits Manager

Commissioner of Public Works: County Administrator

        RESOLVED, further, That pursuant to Tompkins County Charter and Code, Article 11, Section 11.02, designations specified for the Commissioner of Public Works be as follows:

County Superintendent of Highways – Highway Manager
County Engineer – Associate Civil Engineer
Code Enforcement Officer – General Building Supervisor
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County-wide Elected Officials:
Designation of successor, in order of succession
For information only

Sheriff: SHERIFF- Undersheriff
              CORRECTIONS

• Undersheriff
• Jail Administrator

County Clerk: Deputy County Clerk

        Disaster Leave Policy
        A memorandum from Jackie Yoder, Benefits Manager, was distributed that clarifies the Disaster Leave Legislation. The law authorizes public employees to receive up to 20 workdays of paid leave during an approved disaster relief operations under specific criteria. However, it is the employer’s decision to grant and authorize the paid leave time. Questions were raised as to who declares the emergency, who is the chief executive, and who approves the requests. The Committee requested that these questions be researched and come back next month for further discussion.

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

RESOLUTION NO. - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY – COUNTY ADMINISTRATION

        WHEREAS, during 2001, the following employees terminated their employment with Tompkins County:
            Rick Erb, County Administrator (1/19/01)
            Bill Benjamin, Deputy County Administrator (7/21/01)
            George Hammer, Systems Administrator (6/15/01)
            Tim Kessler, Systems Analyst (6/8/01)
and
        WHEREAS, the Fiscal Policy of Tompkins County allows for reimbursement of terminal pay through the Contingent Fund, now therefore be it
        RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:
        FROM:   A1990.54440           Contingent Fund                                             $ 32,386
        TO:         A1230.51000253     Salary – County Administrator                     $ 11,647
                        A1230.51000282     Salary – Deputy County Administrator           6,725
                        A1230.58800           Fringes – County Administration                     4,593
                        A3989.51000725     Salary – Systems Administrator                        3,175
                        A3989.51000719     Salary – Systems Analyst                                  4,362
                        A3989.58800           Fringes – Criminal Justice                                  1,884
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Board of Elections

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

RESOLUTION NO. - APPOINTMENT OF ELECTION COMMISSIONER FOR 2002-2003

        RESOLVED, on recommendation of the Tompkins County Republican Committee and Government Operations Committee, That Elizabeth Cree be and hereby is appointed Republican Party Elections Commissioner for the two-year term commencing January 1, 2002 and ending December 31, 2003.
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Year-End Resolutions

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

RESOLUTION NO. - ADOPTION OF APPORTIONMENT OF TAXES FOR 2002

        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 2001 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 set forth as the basis for such general and highway tax levies for the year 2002,
        RESOLVED, further, That several amounts therein listed for State tax, County tax for general County purposes, and County highway tax for 2002 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 therefor.
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        It was MOVED by Mr. Penniman, seconded by Mr. Lalley, to submit the following resolution to the full Board for approval. It was MOVED by Mr. Kiefer, to change the organizational meeting to January 7^th. MOTION FAILED FOR LACK OF A SECOND.

        A voice vote resulted as follows on the original resolution: Ayes – 4; Noes – 1 (Representative Kiefer). RESOLUTION ADOPTED.

RESOLUTION NO. - DATE OF ORGANIZATION MEETING

        RESOLVED, on recommendation of the Government Operations Committee, That in accordance with Section 151 of County Law, the organization meeting of the Board of Representatives shall be held in the Board of Representatives’ Chambers of the Tompkins County Courthouse, Ithaca, New York, on Thursday, January 3, 2002, at 5:30 o’clock in the evening thereof.
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Note: Tuesday, January 1, 2002 is a Holiday and pursuant to the Charter, the organizational meeting must be held on or before January 8^th. The Committee considered the following dates:

Wednesday, January 2, 2002
Monday, January 7, 2002
Tuesday, January 8, 2002

        It was MOVED by Mr. Penniman, seconded by Mr. Joseph, to submit the following resolution to the full Board for approval.

        It was MOVED by Mr. Lalley, seconded by Mr. Koplinka-Loehr, to change the July 2 and July 16 meetings to July 9. A voice vote resulted as follows: Ayes – 2 (Koplinka-Loehr and Lalley); Noes – 3 (Joseph, Kiefer, and Penniman). AMENDMENT FAILED.

        It was MOVED by Ms. Kiefer, seconded by Mr. Koplinka-Loehr, to change the August 6 and August 20 meetings to August 13. A voice vote resulted as follows: Ayes – 2 (Kiefer and Koplinka-Loehr); Noes – 3 (Joseph, Lalley, and Penniman). AMENDMENT FAILED.

        A voice vote on the resolution as presented resulted as follows: Ayes – 5, Noes – 0. RESOLUTION ADOPTED.

RESOLUTION NO. - ESTABLISHING 2002 MEETING DATES

        RESOLVED, That the 2002 regular meetings of the Tompkins County Board of Representatives are as follows:

Thursday, January 3, 2002 at 5:30 p.m.
Tuesday, January 15, 2002 at 5:30 p.m.
Tuesday, February 5, 2002 at 5:30 p.m.
Tuesday, February 19, 2002 at 5:30 p.m.
Tuesday, March 5, 2002 at 5:30 p.m.
Tuesday, March 19, 2002 at 5:30 p.m.
Tuesday, April 2, 2002 at 5:30 p.m.
Tuesday, April 16, 2002 at 5:30 p.m.
Tuesday, May 7, 2002 at 5:30 p.m.
Tuesday, May 21, 2002 at 5:30 p.m.
Tuesday, June 4, 2002 at 5:30 p.m.
Tuesday, June 18, 2002 at 5:30 p.m.
Tuesday, July 2, 2002 at 5:30 p.m.
Tuesday, July 16, 2002 at 5:30 p.m.
Tuesday, August 6, 2002 at 5:30 p.m.
Tuesday, August 20, 2002 at 5:30 p.m.
Tuesday, September 3, 2002 at 5:30 p.m.
Wednesday, September 17, 2002 at 5:30 p.m.
Tuesday, October 1, 2002 at 5:30 p.m.
Tuesday, October 15, 2002 at 5:30 p.m.
Wednesday, November 6, 2002 at 5:30 p.m.
Tuesday, November 19, 2002 at 5:30 p.m.
Tuesday, December 3, 2002 at 5:30 p.m.
Tuesday, December 17, 2002 at 5:30 p.m.
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Assessment

        Budget Adjustment
        It was MOVED by Mr. Lalley, seconded by Mr. Joseph, and unanimously adopted by voice vote, to submit the following budget adjustment to the full Board for approval:

Revenue             Acct             Title                                 Amt             Approp             Acct               Title(s) _
1355                     41250             Assessor’s Fees         $4,500          1335                    52231             Vehicles
1355                     41250             Assessor’s Fees         $ 240             1335                   54412             Travel/Training
1355                     41250             Assessor’s Fees         $ 522             1335                   54412             Travel/Training

Explanation: Sale of 1997 Oldsmobile. Proceeds are to be used toward purchase of new vehicle. Reimbursement from NYS Office of Real Property Services for Cornell Seminar attended by V. Coggin. Reimbursement from NYS Office of Real Property Services for New York State Real Property Tax Directors Association 2001 Summer Conference attended by V. Coggin.

Adjournment

        The meeting adjourned at 1:22 p.m.