MINUTES
GOVERNMENT OPERATIONS COMMITTEE
NOVEMBER 18, 2004          3:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM

Present:  M. Lane, Chair; N. Schuler; D. Kiefer; K. Herrera

Excused: D. Winch

Staff:   C. Covert, Clerk of the Legislature; D. Squires, Finance Director; W. Skinner, Public Information; V. Coggin, Assessment; J. Wood, County Attorney; S. Whicher, County Administrator; E. Marx,    Deputy County Administrator/Planning Commissioner

Guest:  M. Koplinka-Loehr, Legislator

Called to Order

    The meeting was called to order at 2:10 p.m.

Approval of Minutes

    It was MOVED by Ms. Herrera, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to approve the minutes of the October 21 and 27, 2004, meetings as corrected.

Report from the Finance Director

    Mr. Squires reminded the Committee that when someone skips out on bail, the County is entitled to that income.  Recently there were two incidents: one in the amount of $5,000 and the other for $175,000. The County Attorney will be requesting the bail for $175,000 through a bonding company.  Upon receipt of the money, it will appear in the forfeiture line of the budget and is considered unallocated revenue.  

    Mr. Squires reported the first of October approximately 100 foreclosure notices were sent out.  Everyday he signs redemptions and feels he has reduced the number by a third.  Following a review of the list of properties, he noted there are some properties the County has not foreclosed on due to issues such as environmental.  When the County does not take ownership of property, it accrues taxes that must be paid to the town every year.  He feels that since a professional auctioneer has been hired, the County has managed to recover proceeds on every property.  There are approximately six properties that he will be looking at again and making a recommendation.  One of the properties coming forward will be a special foreclosure as it had been protected by bankruptcy and eventually dismissed.  The amount owed is over $60,000. 

    Mr. Lane disclosed that he believes he represents a plaintiff on one of the mortgage foreclosure properties. 

    A brief discussion followed concerning the assessments of the properties and Mr. Squires noted that the Assessment Director visits all foreclosed properties. 

    Mr. Squires reported the office of Treasury currently has office hours from 8:30 a.m. to 4:30 p.m.  Staff has requested changing hours from 8:15 a.m. to 4:15 p.m. during the winter months to accommodate the use of public transportation.  It was the consensus of the Committee to authorize this temporary change of hours.

Ms. Kiefer asked if centralizing tax collection is going to be discussed.  Mr. Lane feels more information is needed from the towns including how much it currently costs them to collect taxes.  He said if the Committee wished, he would write a letter requesting this information.  Mr. Squires noted that it costs 31 cents per bill for the bank to handle the collection.  Mr. Lane said he spoke with the Town of Dryden's Clerk and it was her opinion that the current system of tax collection should remain unchanged  as she feels the personal service provided for the public would be jeopardized.  Ms. Schuler said this topic came up during the intermunicipal meeting and a subgroup consisting of herself, Legislator Proto, Supervisor Austic, and a representative from Groton have agreed to meet and discuss this issue.

Report from the Public Information Officer

    Ms. Skinner said the first meeting of the record-keeping group will be held on November 22nd.  The Public Information Advisory Board continues to meet and is interested in continuing to meet regularly.  The group is currently discussing the need for public education on the various levels of government and how they differ in what they do, and will be reviewing the County's website. 

Assessment Department

    Ms. Coggin explained the resolution currently in place and what would happen if the resolution was repealed.  The intention of that resolution was to make the Department of Assessment aware of all "courtesy subdivisions" (where the current owner retains ownership of all subsequent parcels) that were filed at the County Clerk's office and allows a minimal charge not to exceed $25 when placing approved subdivisions on the assessment roll and tax maps.  She feels this charge no longer serves any legitimate purpose since this information is now available on a database, and recommended Resolution No. 245 of 2001 be rescinded.   She also noted that some residents misinterpreted the payment of this charge as meaning the subdivision had been approved, whereas only town or village action could do that.

Following a brief discussion, it was MOVED by Ms. Schuler, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to authorize the Assessment Director in consultation with the County Attorney to draft a resolution rescinding Resolution No. 245 of 2001 to submit to the full Legislature for approval. 

    Ms. Coggin requested a report concerning a class-action suit by NYSEG be placed on the Committee agenda for the next meeting.

Lawsuit Against Pharmacy Companies

    Mr. Wood updated the Committee on the status of lawsuits with pharmacy companies.    He said since reporting to the Legislature, numerous New York State counties have signed up with law firms.  Several meetings have been held between counties and various law firms.  Most counties have yet to decide which law firm they will go with.  Mr. Wood has been in contact with other County Attorneys and getting their impressions of the law firms soliciting counties.  It appears many counties will be signing up and joining lawsuits and that these suits will involve an analysis of prescriptions used in each county.  He spoke with Westchester County who has hired a law firm that is representing many other counties and said they have been satisfied to date with their representation.  Mr. Wood feels there will be opportunities for Tompkins County to participate.  The reasons for the claims are pharmacy companies fraudulently raised the prices of drugs.  To date, counties have not been charged as the law firms representing them are hoping to make their money back by being successful in the lawsuits. 

    In response to Mr. Lane's question, Mr. Wood said the cases are not a class action suit; however, they have been consolidated in a single Federal court.  Mr. Wood said it could be possible that in the future it could turn into class action. 

    Discussion on procedure followed and Mr. Wood stated that the Legislature would have to authorize the County to enter into an agreement as the law firm representing the County would ask that a retainer agreement be signed.  Mr. Wood said the Committee needs to decide if it wishes to pursue this and he would then make a determination as to which law firm(s) might be the best to proceed with and come back to the Committee with their proposed agreement. 

    A brief discussion followed concerning New York State Association of Counties involvement and that one a letter was sent to Chair Joseph informing him of the issues. 

    It was the consensus of the Committee to charge the County Attorney to continue to look at this issue and other law firms and report back to this Committee with one or more proposals for the Committee to review.  Mr. Lane requested that information be put in writing including what the substance of the claims might be. 

Salary Schedule for Tompkins County Legislature - 2006-2009

    Mr. Lane said in past years the Legislature has tried to adopt a salary schedule for the Legislature that will be elected in the following year.  He said in 2000 a salary schedule was adopted for the current Legislature with the Chair's salary being one and one-half the salary of a Legislator.  However, due to budget constraints over the last three years, the salary schedule was not implemented and salaries were frozen at the 2002 level for 2003 and 2004 with a proposal to increase salaries by $500 each in 2005. 

    Ms. Herrera said that when she decided to run for office and reviewed the salary schedule in 2000 she thought that was the salary she would be receiving and instead salaries were frozen for two years.  She suggested that whatever salary schedule is adopted that it remain in place and not be changed.  She feels it is a disservice to people who decide to do public service and their income is less than what was projected.  She hoped the Committee would consider beginning in 2006 with a salary of $18,000 and increase by $500 increments through 2009. 

    Mr. Koplinka-Loehr hoped the resolution would include a whereas about equal representation being a value and also asked that the term "stipend" be used instead of "salary".  He also spoke about the survey done in 1995 or 1996 on how much time Legislators spent on County business and recalls it being 30 hours per week.  At that time, the Legislature wanted to strive for $15,000 as a modest salary.  Mr. Koplinka-Loehr said he would like the salary set at half of what the census data identifies as a median income level of $37,272 which is approximately $18,000 followed with increases based on the inflation amount. 

    Ms. Kiefer briefly spoke about past discussions and does not feel comfortable jumping to $18,000 in 2006 as she would rather build salary increases from the current schedule.  She is uncertain if she agrees with using the median family income as the starting point, but does agree that the Legislature should start where the schedule would have been had the salaries not been frozen.  She is also open to discuss the amount the salaries should increase in subsequent years.  She believes the word "salary" should be used.

    Mr. Lane said the question that needs to be answered is how much does the Legislature feel a Legislator should be paid in Tompkins County.  He also spoke about the salaries in other counties in comparison to Tompkins County and commented that Legislators in this County do a lot of hard work.  However, he does not feel the salary for a Legislator should approach a fulltime salary and opposes jumping from $16,000 in 2005 to $18,000 in 2006.  He would support ending at $17,000 or $17,500 at the end of the next term.  He also recommended the term "salary" continue to be used rather than "stipend". 

    Ms. Herrera reiterated her opinion that she hopes a salary schedule is adopted that is in line with what is reasonable for a working person that is trying to raise a family and send their kids to school and MOVED the following schedule, seconded by Ms. Schuler:
        2006    $17,500
        2007    $17,900
        2008    $18,300
        2009    $18,700

    A brief discussion followed and Mr. Squires commented that Legislators will be required to be surveyed annually because the State Retirement System hired new auditors.  He will discuss how this could be handled at a future date. 

Further discussion followed concerning the amount the salaries should increase each year, e.g., tying it to the CPI, and possible language for the resolution including a resolved that adjusts the Legislature's fiscal target accordingly.

A voice vote on the motion resulted as follows:  Ayes - 3 (Herrera, Kiefer, and Schuler); Noes - 1 (Lane); Excused - 1 (Winch).  MOTION CARRIED.

County Administrator's Evaluation

    Mr. Lane said Chair Joseph asked that a more meaningful way to evaluate the County Administrator be developed if possible and asked the Committee for thoughts and direction. Mr. Koplinka-Loehr, Budget and Capital Committee Chair, said one possible way is to assess and review the goals set by the Administrator and discuss them as a Legislature and provide feedback.  He said that process can be expanded to have other parties such as department heads review them as well. 

    A brief discussion followed concerning the questionnaire used in the past and the Committee agreed to send out it out with the Administrator's 2004 and 2005 goals as attachments.  Mr. Koplinka-Loehr agreed to review the questions of the survey before sending out.  Mr. Whicher said he would like to have clear feedback and agreement on direction following the evaluation.

    Mr. Lane said he would distribute the questionnaire with the goals. 

Report from the County Administrator

    Mr. Whicher reported that the father of Interim Highway Manager John Lampman passed away as well as a highway employee's son. 

Report from the County Attorney

    Mr. Wood said he did not have a report.  Ms. Kiefer asked about the status of the appointment to the Board of Assessment Review.  Ms. Schuler said the subcommittee has not met.  Ms. Kiefer also asked about the question raised concerning Assessors filling out Financial Disclosure statements.  Mr. Wood said the information the Department was anticipating has not yet been received. 

Year- End Resolutions

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

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 4, 2004 at 5:30 o’clock in the evening thereof.
SEQR ACTION:  TYPE II-20
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    It was MOVED by Ms. Schuler, seconded by Ms. Herrera, to approve and submit the following resolution to the full Legislature for approval. 

    Following a brief discussion, it was MOVED by Ms. Kiefer, seconded by Ms. Schuler, to amend the resolution by changing the meetings of July 19 and August 2 to July 26.  A voice vote resulted as follows:  Ayes - 2 (Kiefer and Schuler); Noes - 2 (Herrera and Lane); Excused - 1 (Winch).  AMENDMENT FAILED.

    A voice vote on the original resolution resulted as follows:  Ayes - 3 (Herrera, Lane, and Schuler); Noes - 1 (Kiefer); Excused - 1 (Winch).  RESOLUTION CARRIED.

RESOLUTION NO.     - ESTABLISHING 2005 MEETING DATES

    RESOLVED, That the 2005 regular meetings of the Tompkins County Legislature are as follows:

    Tuesday,     January 4,     2005 at 5:30 p.m.
    Tuesday,    January 18,    2005 at 5:30 p.m.
    Tuesday,    February 1,    2005 at 5:30 p.m.
    Tuesday,     February 15, 2005 at 5:30 p.m.
    Tuesday,    March 1,        2005 at 5:30 p.m.
    Tuesday,    March 15,      2005 at 5:30 p.m.
    Tuesday,     April 5,         2005 at 5:30 p.m.
    Tuesday,    April 19,        2005 at 5:30 p.m.
    Tuesday,    May 3,           2005 at 5:30 p.m.
    Tuesday,     May 17,        2005 at 5:30 p.m.
    Tuesday,    June 7,           2005 at 5:30 p.m.
    Tuesday,    June 21,         2005 at 5:30 p.m.
    Tuesday,    July 5,            2005 at 5:30 p.m.
    Tuesday,    July 19,          2005 at 5:30 p.m.
    Tuesday,    August 2,      2005 at 5:30 p.m.
    Tuesday,     August 16,   2005 at 5:30 p.m.    
    Tuesday,    September 6  2005 at 5:30 p.m.
    Tuesday,     September 20, 2005 at 5:30 p.m.
    Tuesday,    October 4,      2005 at 5:30 p.m.
    Tuesday,    October 18,    2005 at 5:30 p.m.
    Tuesday,     November 1, 2005 at 5:30 p.m.
    Tuesday,    November 15 2005 at 5:30 p.m.
    Tuesday,    December 6,   2005 at 5:30 p.m.
    Tuesday,     December 20 2005 at 5:30 p.m.
SEQR ACTION:  TYPE II-20
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    Ms. Herrera was excused at 4:00 p.m.

Next Meeting

    The following items will be included on the Committee's agenda for the next meeting:

    - Contracts policy (Chair Joseph has proposed changes)
    - County Administration - staffing (invite members from Facilities and Infrastructure and Planning, and Economic Development Committees)
    - Code of Ethics
    - Policy for Naming Spaces

Administrative Manual Policies

    01-32 Designation of County Space/Item and 01-34 - Allocation of Space in County Buildings

    Ms. Kiefer noted that policy statements need to be added to the policies.  Discussion followed concerning the two policies being combined.  Mr. Marx commented that the policy for office space standards should apply to both construction and allocation of space.  Further discussion followed and Mr. Marx agreed to update and draft a policy for the next meeting.

Adjournment

    The meeting adjourned at 4:20 p.m.

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