MINUTES
GOVERNMENT OPERATIONS COMMITTEE
NOVEMBER 16, 2005          2:30 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present:  M. Lane, Chair; D. Kiefer; D. Booth; G. Totman

Excused: K. Herrera

Staff:      W. Skinner, Public Information; D. Squires, Finance Director; M. Pottorff, Deputy Clerk of the Legislature; C. Covert, Clerk of the Legislature; V. Coggin, Assessment Director; J. Franklin, Assessment Department

Guests:   T. Joseph, Chair of the Legislature; M. Koplinka-Loehr, Legislator; M. Robertson, Legislator

Called to Order

    The meeting was called to order at 2:37 p.m.

Changes to Agenda

    The following items were added to the agenda:

 Tri-Annual Assessments - Local Law
 Orientation of New Legislators
 Appointments - Public Information Advisory Board
 HAVA Compliance - Elections Equipment

Report from the Committee Chair

    Mr. Lane said he did not have a report.  Ms. Kiefer asked about the report concerning the Committee's study of County Executive and visits to other counties to meet with County Executives.  Mr. Lane said he would prepare a report from the information he has and give it to Legislator Kiefer for review. 

Report from the County Administrator

    Mr. Whicher was not present for the meeting.

Report from the County Attorney

    Mr. Wood commented on the restructuring of office space in his department. 

Report from the Finance Director

    Mr. Squires reported on the Town of Ithaca Board meeting he attended and discussed the County's policy decision to no longer extend the warrant beyond March 31.  He also explained that because there will be a small amount of money lost by towns from interest earned, he offered to begin remitting to towns their sales tax money on a monthly basis, which would more than offset their loss.  This procedure is used with the City.  Mr. Booth requested a that this information be provided in a written summary and distributed to Committee members.  

    Mr. Squires also reported on a meeting he had with Town Clerks concerning the matter above and the issue of the Assessment Department contracting out tax bills to a private firm.  There is no increase in cost to the towns for this.  He also encouraged the Clerks to send out reminder notices regarding delinquent taxes as they would receive payment from the County if this is done.

    The Committee received an update on the foreclosure process and Mr. Squires said that 26 percent of the people have paid off their taxes.  There have been 39 redemptions to date.  The final date for payment is January 11th. 

    The final item Mr. Squires reported on is the movement in the State Legislature to change the Real Property Tax Laws requiring counties to remit any excess funds (the difference between auction sale price and the taxes and fees owed) to the former owner when a property is foreclosed and sold.  Mr. Lane feels there would no incentives for counties to try to sell these properties or auction them off if this legislation is passed.  Ms. Kiefer recommends discussing this with the County's State Representatives.  Mr. Squires also spoke about the relationship and disadvantages to the County the bankruptcy laws have on foreclosed properties.  He said this issue is being looked at now at the State level.  Mr. Lane briefly reported that Chapter 7 bankruptcy cases will become just about non-existent because of the income thresholds and penalty provisions.  Most cases will be pushed into Chapter 13.  He said that very few attorneys will recommend Chapter 7 because if they do not have the exact income figure for the bankrupt person and a petition is filed and it turns out that person is above the income level, the attorney will be personally liable for the cost of the trustee and some of the other costs of the bankruptcy case.

Report from the Public Information Officer

    Ms. Skinner reported that Norma Jayne of Administration is preparing a packet of information for the new Legislators to be presented at an orientation session. She also spoke about the local media and feels there is some information including meeting notices that is not being reported out as well as she believes it could be.  She feels the County should consider additional methods of communication such as returning to the printing of a County Newsletter on a quarterly basis.  She asked that this subject be discussed further at a future meeting. 

Clerk of the Legislature

    Grant Application - SARA
    Mrs. Covert and Ms. Pottorff reported that they are applying for a SARA (State Archives and Records Administration) grant to assist with bringing the proceedings project up to date.  The grant is in the area of $50,000 and the application is due by December 1, 2005.  The purpose of the grant is to help us create an index program to increase access of public information and it will give the department the ability to print a report that will serve as the index in the back of the proceedings. 

Assessment Department

    Correction of Tax Rolls - 2005
    Ms. Coggin provided an overview of the list of Tax Roll Corrections for 2005 as distributed with the agenda.  She does not feel there are any refunds or settlements that would adversely affect the current or future assessment roll. 

    Mr. Lane asked if there were any actions relating to AES Cayuga or the NYSEG building.  Ms. Coggin reported on the appraisal done last year for the NYSEG building and said a certiorari was not filed.  There are three years remaining on the agreement with AES Cayuga.

    Mr. Booth reiterated his request to have a report on all property tax exemptions.  Ms. Coggin said she will provide that report. 

Approval of Appointments

    Library Board of Trustees
    It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve and submit to the full Legislature the appointment of Marcy E. Rosenkrantz to the Library Board of Trustees for a term that expires December 31, 2008. 

    Public Information Advisory Board
It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve and submit to the full Legislature the appointments of Geoff Dunn and Patricia Pryor to the Public Information Advisory Board for terms that expire December 31, 2007.

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.  Mr. Lane said he inquired about the 2006 Legislature's meeting schedule and Legislators said they wish to continue with the same schedule. 

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 Tompkins County Legislature shall be held in the Legislative Chambers of the Tompkins County Courthouse, Ithaca, New York on Tuesday, January 3, 2006 at 5:30 o’clock in the evening thereof.
SEQR ACTION:  TYPE II-20
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    It was MOVED by Mr. Totman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve and submit the following resolution to the full Legislature for approval:

RESOLUTION NO.     - ESTABLISHING 2006 MEETING DATES

    RESOLVED, That the 2006 regular meetings of the Tompkins County Legislature are as follows:

    Tuesday,    January 3,     2006 at 5:30 p.m.
    Tuesday,    January 17,    2006 at 5:30 p.m.
    Tuesday,    February 7,    2006 at 5:30 p.m.
    Tuesday,    February 21,     2006 at 5:30 p.m.
    Tuesday,    March 7,    2006 at 5:30 p.m.
    Tuesday,    March 21,    2006 at 5:30 p.m.
    Tuesday,    April 4,     2006 at 5:30 p.m.
    Tuesday,    April 18,    2006 at 5:30 p.m.
    Tuesday,    May 2,    2006 at 5:30 p.m.
    Tuesday,    May 16,     2006 at 5:30 p.m.
    Tuesday,    June 6,    2006 at 5:30 p.m.
    Tuesday,    June 20,    2006 at 5:30 p.m.
    Wednesday,    July 5,    2006 at 5:30 p.m. (Tuesday, July 4 - Holiday)
    Tuesday,    July 18,    2006 at 5:30 p.m.
    Tuesday,    August 1,    2006 at 5:30 p.m.
    Tuesday,    August 15,    2006 at 5:30 p.m.     
    Tuesday,    September 5,    2006 at 5:30 p.m.
    Tuesday,    September 19,     2006 at 5:30 p.m.
    Tuesday,    October 3,    2006 at 5:30 p.m.
    Tuesday,    October 17,    2006 at 5:30 p.m.
    Wednesday,    November 8,     2006 at 5:30 p.m.  (Tuesday, November 7 - Election Day)
    Tuesday,    November 21,    2006 at 5:30 p.m.
    Tuesday,    December 5,    2006 at 5:30 p.m.
    Tuesday,    December 19,     2006 at 5:30 p.m.

SEQR ACTION:  TYPE II-20
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Assessment Department

    Cyclical Assessments
    Mr. Lane asked Mr. Joseph to address the reasons he requested the Committee to discuss the issue of changing from annual assessment to a tri-annual assessment cycle.  Mr. Joseph said he and County Administrator Whicher met with the Assessment Department Head and Assistant and discussed this issue.  If the County moves to a three-year cycle, action should be taken in time for the 2006 assessment roll. 

    Ms. Coggin distributed copies of a memorandum explaining the reasons for adopting a three-year assessment cycle now if that is the direction the County Legislature wishes to proceed.  She reiterated her belief that the most consistent, equitable, and transparent way to administer the real property tax is through annual assessments. 

    Discussion followed concerning the recommended change in the proposed local law that all real property shall be valued at a uniform percentage of fair market value instead of 100 percent fair market value.  As the Assessor, Ms. Coggin cannot value real property at 100 percent fair market if the County adopted a three-year assessment cycle.  She can, however, value real property at 100 percent fair market with the Annual Reassessment Program.  Ms. Coggin clarified the Department does not predict the market it translates the market. 

    Ms. Kiefer said she disagreed with the statement in the memorandum from Assessment that this issue was the overwhelming theme of the 2005 Election Campaign.  She also commented that the newly elected Legislators have not had the benefit to hear the in-depth explanation of the Annual Reassessment Program from the Assessment staff. 

    Mr. Franklin said if the three-year assessment cycle was to be adopted the next assessment of properties would take place in 2008. 

    Mr. Joseph agreed that annual reassessment is the most accurate way to do assessments but it does have negative impacts mostly because of the lack of understanding of the process. 

    Mr. Totman agreed that there is a lack of understanding by the public but feels there needs to be better communication with the public and media.

    Staff noted that procedurally the 2005 assessment role reflects the values as of July 1, 2004; thus 100 percent market value assessment is always one year "late", we already know 2006 will be the largest jump.  Annual assessment is to everyone' benefit, especially rural areas, where property turnover is less.  Ms. Coggin pointed out that Tompkins County Assessment is considered the best assessing district in the State.

    Following further discussion, it was MOVED by Mr. Totman, seconded by Mr. Booth, to approve and submit the following local law and appropriate resolutions to be drafted to the full Legislature changing the Annual Reassessment Program to a Tri-Annual Assessment Cycle.  Ms. Kiefer spoke in opposition to the proposal and noted it is the responsibility of the homeowner to understand the process.  A voice vote resulted as follows:  Ayes - 3 (Lane, Booth, and Totman); Noes - 1 (Kiefer); Excused - 1 (Herrera).  MOTION CARRIED. 

Local Law No. ______ of the year 2005

Section 1.  This Local Law amends Article 4 of the County Charter to provide for assessments to be conducted on a schedule determined by resolution of the County Legislature.

Section 2.  Section C-4.02.20 of the County Charter shall read as follows:

    § C-4.02.20.  Review and Re-evaluation

    All real property in the County of Tompkins shall be valued at a uniform percentage of fair
market value and reviewed by the professional appraiser staff of the Department of Assessment under the guidance of the Director and the Assistant Director(s) of Assessment at time periods determined by resolution of the County Legislature.

Section 3.  This Local Law shall take effect immediately upon filing with the Secretary of State.

Approval of Minutes

    It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the minutes of the October 19, 2005 meeting as corrected.

Next Meeting(s)

    The meeting of November 23rd is cancelled due to lack of agenda items.  As the regular December meeting follows the last Legislature meeting, the Committee agreed to change the meeting to December 15 at 2:30 p.m.

Orientation for New Legislators

    Discussion followed concerning the orientation of new Legislators and what information should be provided to assist them in their role.  Mr. Joseph feels a two-hour session would be appropriate and that copies of the Rules of the Legislature and an introduction to how the Legislature functions be provided. 

    Ms. Robertson spoke of the gaps she felt there were in the orientation she had as a new Legislator and hoped areas such as committee responsibilities, how to report to staff, and cabinet structures could be addressed.

    Mr. Lane suggested information be shared about the Code of Ethics, conflict of interest, and Financial Disclosure forms.  

    Mr. Koplinka-Loehr recommended the themes of the strategic planning process and the County's Mission and Vision Statements be shared. 

    Mr. Totman suggested having the initial orientation session followed with a second meeting to answer any questions would be helpful. 
    Ms. Robertson feels that having Legislators available to meet on a one to one basis with a new Legislator would also be useful. 

Update on HAVA (Help America Vote Act)

    Ms. Kiefer informed the Committee that Smartmatic, a Venezuelan-owned company, purchased Sequoia Voting Systems, Inc. which is one of the leading manufacturers of electronic voting systems purchased in the United States.  However, the CEO of the vote-counting company is ineligible to set foot in the United States. 

Adjournment

    The meeting adjourned at 4:39 p.m.


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