MINUTES
GOVERNMENT OPERATIONS COMMITTEE
DECEMBER 15, 2003          2:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present:  M. Koplinka-Loehr, Chair; K. Herrera; T. Todd; L. McBean; M. Lane
 
Staff:       J. Thomas, Administration; D. Squires, Finance Director;  B. Kominos, Personnel; S. Whicher, County Administrator; A. Fitzpatrick, Personnel Commissioner; J. Wood, County Attorney; W.  Skinner, Public Information; V. Coggin, Assessment Director; J. Franklin, Assessment; E. Marx, Planning Commissioner

Guests:   D. Kiefer, Legislator; A. Cohen, City of Ithaca Mayor; Press

Called to Order

    The meeting was called to order at 2:00 p.m.

Changes to Agenda

    The following items were added to the agenda:

        - Resolution - Authorizing a Salary Increase for the County Attorney with a Salary Specifically Authorized by Legislature Resolution to be Above the Salary Range
        - Resolution - Authorizing a Salary Increase for the Medical Director - Mental Health with a Salary Specifically Authorized by Legislature Resolution to be Above the Salary Range
        - Resolution - Authorizing a Salary Increase for the Psychiatrists with Salaries Specifically Authorized by Legislature Resolution to be Above the Salary Range
        - Resolution - Establishing Salaries and Benefits of Management and Confidential Employees, 2004
        - Discussion - Annual Financial Disclosure Form (Revised)

Chair's Report

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

Report from the County Administrator

    Mr. Whicher did not have a report.

Report from the County Attorney

    Mr. Wood briefly reported on the risk management fund and said there was a car accident this week that could effect it next year.  This accident has also raised questions concerning the policy for use of County-owned vehicles and said this subject will be discussed at the next Department Head meeting.  Following review by Department Heads, the policy will be brought to the appropriate program committee for consideration in 2004. 

    Mr. Wood updated the Committee on the status of the proposed transgender law and said he prepared a draft and sent it to Shawn Martel-Moore for her review.  A meeting was held with interested people and as a result of the discussion, Ms. Martel-Moore will be making some changes.  Mr. Koplinka-Loehr asked the County Attorney to take the lead on this and bring it back to the Committee in January. 

Report from the Finance Director

    Mr. Squires provided an updated list of properties subject to foreclosure.  The final date for payment is January 10th.  He reported that his department is upgrading the tax collection system and a budget transfer will be prepared and presented to the Committee soon. 

Report from the Public Information Officer

    Ms. Skinner said she did not have a report.

Personnel

    Resolutions
    Mr. Whicher briefly spoke about the following resolutions and how the process was handled last year.  He asked that the discussion be sensitive to the individual employees.

    It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Todd, to submit the following resolutions to the full Legislature for approval.  Discussion followed and Ms. Kiefer raised a concern with the Consumer Price Index information used and hoped that some other version could be used.

    A voice vote resulted as follows on the following resolutions:  Ayes - 5, Noes - 0.  RESOLUTIONS CARRIED.

RESOLUTION NO.         - AUTHORIZING SALARY INCREASES FOR PSYCHIATRISTS WITH SALARIES SPECIFICALLY AUTHORIZED BY     LEGISLATURE RESOLUTION ABOVE THE SALARY RANGE

WHEREAS, the Psychiatrists were established by separate resolution of the Legislature with salaries placed at a rate above the corresponding salary schedule, and
WHEREAS, the 2003 salary for this position is $134,030 (35.0 hrs/wk) and 153,196 (40.0 hrs/wk), and
WHEREAS, the reason for granting Psychiatrists a salary above the range assigned in the Management salary scale is difficulty in recruitment of psychiatric professionals at the rate of pay listed on the Management scale, and
WHEREAS, Resolution No. 118 of 2002 requires that salary increases can only be made by a resolution of the Legislature, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That effective January 1, 2004, salaries for Psychiatrists will be increased by the average of the Consumer Price Index for the previous three full years (1999-2001), namely 2.77 percent,
RESOLVED, further, That upon vacancy, the salary of the above job title shall be equal to the Management Salary schedule unless the Legislature takes specific action. 
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RESOLUTION NO.        - AUTHORIZING A SALARY INCREASE FOR THE MEDICAL DIRECTOR - MENTAL HEALTH WITH A SALARY
                   SPECIFICALLY AUTHORIZED BY LEGISLATURE RESOLUTION TO BE ABOVE THE SALARY RANGE

    WHEREAS, the salary for Medical Director - Mental Health was established by separate resolution of the Legislature to have a salary placed at a rate above the corresponding salary schedule, and
    WHEREAS, the 2003 salary for this position is $145,199, and
    WHEREAS, the reason for granting the Medical Director - Mental Health a salary above the range assigned in the Management salary scale is difficulty in recruitment of psychiatric administrative personnel at the rate of pay listed in the Management scale, and
    WHEREAS, Resolution No. 118 of 2002 requires that salary increases can only be made by a resolution of the Legislature, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That effective January 1, 2004, the salary for Medical Director - Mental Health will be increased by the average of the Consumer Price Index for the previous three full years (1999-2001), namely 2.77 percent,
    RESOLVED, further, That upon vacancy, the salary of the above job title shall return to the Management Salary schedule unless the Legislature takes specific action. 
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RESOLUTION NO.        - AUTHORIZING A SALARY INCREASE FOR THE COUNTY ATTORNEY WITH A SALARY SPECIFICALLY AUTHORIZED BY LEGISLATURE RESOLUTION TO BE ABOVE THE SALARY RANGE

    WHEREAS, the salary for the County Attorney was established by separate resolution of the Legislature to have a salary placed at a rate above the corresponding salary schedule, and
    WHEREAS, the 2003 salary for the County Attorney is $92,379, and
    WHEREAS, the reason for granting the County Attorney a salary above the range assigned in the Management salary scale is difficulty in recruitment of a qualified legal counsel at the rate of pay listed in the Management scale, and
    WHEREAS, Resolution No. 118 of 2002 requires that salary increases can only be made by a resolution of the Legislature, and
    WHEREAS, the County's white collar employees will receive a 4.25 percent increase in salaries in 2003, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That effective January 1, 2004, the salary for County Attorney will be increased by 4.25 percent,
    RESOLVED, further, That upon vacancy, the salary of the above job title shall be equal to the Management Salary schedule unless the Legislature takes specific action. 
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    It was MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to submit the following resolution to the full Legislature for approval:

RESOLUTION NO.         - ESTABLISHING SALARIES AND BENEFITS OF MANAGEMENT AND CONFIDENTIAL EMPLOYEES, 2004
   
    WHEREAS, during 1988-1991, the Legislature reviewed the salary schedules for Management and Confidential employees, and
    WHEREAS, the schedule developed then to bring salaries into alignment will still take several years to complete, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That Management and Confidential employees newly hired, reclassified, or who changed positions after January 1, 2001, are currently salaried based upon the relevant County salary schedule,
   RESOLVED, further, That the incumbents in Management positions on January 1, 2004, shall receive an increase not less than 3.1875 percent nor greater than 4.25 percent effective January 1, 2004,
    RESOLVED, further, That effective January 1, 2004, Confidential employees shall receive an increase of 3.71875 percent if their salary exceeds the salary schedule or 4.25 percent if their salary is equal to the salary schedule,
    RESOLVED, further, That Management and Confidential employees shall continue to contribute 20 percent towards the cost of health insurance and eligible employees shall be entitled to a VEBA (Voluntary Employee Benefit Account) equal to the differential between the employee share of health insurance at 15 percent and the employee share at 20 percent,
    RESOLVED, further, That VEBA eligibility and entitlement shall be limited to employees who received a VEBA in 2003 and are still enrolled in health insurance on January 1, 2004,
    RESOLVED, further, That Management and Confidential employees shall receive longevity payments as provided for in a relevant compensation schedule and shall be entitled to all other fringe benefits specified in Administrative Policy 03-01, fringe benefits for non-unionized employees.
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    Ms. Kiefer recommended the appropriate program committee look at the pay equity pay scale for various technical positions in the County next year.

Assessment Department

    Allowing Tax Exemption for Capital Improvements to Residential Buildings
    Ms. Coggin spoke about the law adopted by the City of Ithaca in regard to tax exemptions for capital improvements to residential buildings and reiterated her concerns expressed at the last Committee meeting that the law creates many administrative problems for her Department.  She also stated that local municipalities typically contact the County Assessor and feels that she should have been put on notice the City was considering the adoption of this law.  Mr. Whicher agreed with Ms. Coggin's concerns and that the Department is under staff and does not feel the law could be administered appropriately.  The timeframe for filing exemptions for this law falls between January and March and at that time the Department's priority is the full valuation process. 

    Following further discussion, Mr. Koplinka-Loehr asked on behalf of the Committee that the City respectfully rescind the law.  He said there could be potentially 525 cases related to the law and because of the staffing levels and lack of resources to administer the program, the City may be charged back for the service. 

    Ms. Herrera supports the law but feels that more time is needed to discuss how the program could be administered.  Mrs. McBean-Clairborne agrees with Ms. Herrera's comments, and is also concerned the law is relatively vague and the low-income homeowners may not be aware that this is available.  She feels more public information is needed and wants to make sure there is equitable distribution.  In addition, she feels that more discussion is needed with the City and that the benefits are examined thoroughly. 

    Mr. Wood commented that another problem is the Ithaca City School District and Tompkins County have not adopted the same tax exemption law. 

    Mr. Koplinka-Loehr reiterated the three concerns raised by the Committee: process, administration, and equity.

    Ms. Kiefer suggested Common Council members receive the information the Committee has discussed relating to this subject; Committee members agreed with this suggestion.

      New Maximum Income Limits for Senior/Disability Exemption
    The Committee reviewed the following three scenarios presented and discussed the impacts.

    The first scenario is to keep the current income limits.  The second scenario uses a figure of $1,000 less than the maximum income limits allowed by the State.  The third scenario increases the income limits to the State maximum. 
    Mr. Lane feels the seniors will suffer the most from the adopted budget this year and MOVED the approval of scenario three, seconded by Mrs. McBean-Clairborne. 

    Mr. Todd said he supports scenario one because of the burden on the Assessment Department and the loss of revenue.  Ms. Herrera understands the loss of revenue but feels scenario three would be helping the people who need it the most.  Following a brief discussion, Mr. Franklin clarified there would be no additional burden on the Assessment Department.  Ms. Kiefer commented now that the STAR exemption is available, increasing this exemption does not seem as necessary.  Mr. Lane clarified STAR only effects school taxes and there is no cap on the rest of school tax levies. 

    A voice vote resulted as follows on scenario three:  Ayes - 3 (Herrera, Lane, McBean-Clairborne); Noes - 2 (Koplinka-Loehr and Todd).  MOTION CARRIED.

    Resolution
    It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote, to submit the following resolution to the full Legislature for approval:

RESOLUTION NO.         – APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT REVIEW HEARING MEMBERS TO SERVE ON
       ADMINISTRATIVE HEARING PANELS - ASSESSMENT DEPARTMENT
   
    WHEREAS, the Department of Assessment has entered into an annual reassessment program with the New York State Office of Real Property, and
    WHEREAS, Real Property Tax Law 523-a permits the Tompkins County Legislature to appoint up to six Temporary Board of Assessment Review members to serve on Administrative Review Panels, and
     WHEREAS, Real Property Tax Law 523-a permits the compensation of Temporary Board of Assessment Review Members, now therefore be it
     RESOLVED, on recommendation of the Government Operations Committee, That six Temporary Board of Assessment Review Members, namely Alice Moore, Edward Laine, Robert Walpole, Edith Spaulding, Martha Preston, and Paul Banfield, be appointed to serve on Administrative Review Panels,
     RESOLVED, further, That Temporary Board of Assessment Review members be compensated at a maximum annual compensation of $250.00.
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    Temporary Staff for 2004 Preliminary Hearing
    Ms. Coggin said she is requesting authorization to hire two temporary employees during the disclosure notice period.  It is anticipated that over 20,000 notices will be sent out by the office.  The estimate for hiring the two temporary employees is approximately $15,000 with half of the amount being covered by anticipated rollover funds from the 2003 budget and the balance will be covered by either grants or other creative financing. 

    It was the consensus of the Committee to authorize the above-mentioned request. 

Planning Department

    Resolution - Establishment of Space Standards for County Facilities
It was MOVED by Ms. Herrera, seconded by Mr. Todd, to submit the following resolution to the full Legislature for approval.  Mr. Marx briefly reviewed the resolution and policy.  Mr. Whicher explained the reason for establishing space standards.  In the past there has been difficulty in designing a building and determining who gets what space.  These standards are based on the State's standards and said departments were surveyed and a thorough analysis of current office and future space needs was done.  These standards will also allow more flexibility in looking at existing space.  However, Mr. Whicher clarified that space for the court system will be determined by the court administration.

A voice vote resulted as follows:  Ayes - 5, Noes - 0.  RESOLUTION CARRIED.

RESOLUTION NO.       - ADOPTING ADMINISTRATIVE POLICY ESTABLISHING SPACE  STANDARDS FOR COUNTY FACILITIES

    WHEREAS, the Space Needs and Location Committee has reviewed the space requirements of County Departments and Agencies, and
    WHEREAS, space standards are necessary to ensure that all county employees are provided with an appropriate work environment and that county fiscal resources are judiciously and equitably utilized to provide such a work environment, now therefore be it
    RESOLVED, on recommendation of the Space Needs and Location, Facilities and Infrastructure, and Government Operations Committees, That the following Administrative Policy is adopted:
            01-   Office Space Standards for County Facilities
    RESOLVED, further, That all County construction projects, and to the extent reasonably possible renovation projects, be designed and built in accordance with the space standards incorporated in this Administrative Policy which shall take effect immediately,
    RESOLVED, further, That changes to these space standards require approval of the County Legislature.
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Administration

    Resolutions
    It was MOVED by Mr. Lane, seconded by Ms. Herrera, and unanimously adopted by voice vote, to submit the following resolution to the full Legislature for approval: 

RESOLUTION NO.     - RESOLUTION OF APPRECIATION, KATHY SMITHERS

    WHEREAS, Kathy Smithers served Tompkins County for twenty-three years, and became the Budget and Finance Director in 1988, and
    WHEREAS, Kathy was appointed Deputy County Administrator in 1992 and worked with four different Administrators to create an efficient and up-to-date workplace, and
    WHEREAS, Kathy's assistance in creating the Administrative Policies Manual resulted in the uniform and organized administrative framework for County government, and
    WHEREAS, for the past seventeen years, Kathy has groomed the County budget and worked tirelessly to provide accurate and relevant information and analysis to the Legislators, Department Heads, and the public, and
    WHEREAS, Kathy assisted the Legislators through multiple forms of budgeting, facilitated computerization of financial calculation methods, and formulated countless solutions to difficult problems, and
    WHEREAS, Kathy's creative, outside-the-box thinking, and her ability to find ways to make things happen combined with her infectious enthusiasm and sense of humor has made her an inspiration to work with, and
    WHEREAS, Kathy enjoys a heritage of involvement with Tompkins County, her father having served on the Board of Supervisors from 1962 through 1969, and her great-great-great grandfather having been a member of the first Board of Supervisors, formed in 1817, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the Legislature, on behalf of Tompkins County, profoundly appreciates Kathy Smithers' dedicated service to the County of Tompkins and thanks her and wishes her well in her future endeavors.
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    It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to submit the following resolution to the full Legislature for approval.  Ms. Kiefer asked the Committee to consider adding the following language to the first Resolved: 

    "it is the intention of splitting the time more equally between the two positions".

    Mr. Lane said the Planning, Development and Environmental Quality Committee approved this resolution and did not recommend the change proposed by Ms. Kiefer.  It was felt that numbers of hours should not be designated because it could vary throughout the year.  Mr. Lane noted that it is the intention that this be reviewed after one year by both the Planning and Government Operations Committees or their successors. 

    Ms. Kiefer noted that half of Mr. Marx's salary is in the Planning Department's budget and asked if the general understanding is the Planning Department to have a halftime Planning Commissioner.  Mr. Whicher explained that he understands this is not clean, but there are synergies that come from this combination.  There is overlap with many of the duties and is also relieving the County Administrator of some his responsibilities.  Mr. Lane said the one area that will be looked at next year is the Planning Department and making sure it is being properly overseen and hopes this cost cutting measure will not lead to any problems.  Mr. Marx said he does not see this has a cost-cutting measure, he feels the organization has reorganized its resources and focus.  He also commented that one concern raised by his staff was that his office remain in the Planning Department which is what he intends to do. 

    A voice vote resulted as follows:  Ayes - 5, Noes - 0.  RESOLUTION CARRIED.

RESOLUTION NO.         - AUTHORIZING APPOINTMENT OF DEPUTY COUNTY ADMINISTRATOR

    WHEREAS, Article 3 of the Tompkins County Charter authorizes the County Administrator to appoint the position of Deputy County Administrator as authorized by this body, and
    WHEREAS, the Charter further provides that a Deputy County Administrator may be responsible for one or more divisions or major functions within the Department of County Administration, and
    WHEREAS, the position of Deputy County Administrator has been previously authorized by this body and is now vacant due to resignation, and
    WHEREAS, it is the intent of the County Administrator to appoint the Commissioner of Planning to the additional position and joint title of Deputy County Administrator/Commissioner of Planning with initial responsibility for administrative oversight of the Planning, Public Works, Economic Development, and Community Affairs functions of County Government and other duties as may be assigned, and
    WHEREAS, the appointment will have no impact upon the 2003 or proposed 2004 County budgets, now therefore be it
    RESOLVED, on recommendation of the Government Operations and Planning, Development, and Environmental Quality Committees, That the County Administrator is hereby authorized to designate and appoint the Commissioner of Planning to the joint position of Deputy County Administrator/Commissioner of Planning,
    RESOLVED, further, That the Deputy County Administrator/Commissioner of Planning shall retain all the duties, responsibilities and authority as provided in the Tompkins County Charter to the Commissioner of Planning and such additional responsibilities and authority as provided to the Deputy County Administrator,
    RESOLVED, further, That after one year the Government Operations and Planning, Development and Environmental Quality Committees (or their successors) each review this action with the County Administrator and Deputy County Administrator/Commissioner of Planning and determine any effects, positive or negative, it may have had on the functions of the Planning Department and County Administration,
    RESOLVED, further, That this resolution shall take effect immediately.
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Finance Department

    Resolution
    It was MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to submit the following resolution to the full Legislature for approval:

RESOLUTION NO.        - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY - FINANCE DEPARTMENT

    WHEREAS, the Finance Department had the employment of one employee, Cindy Day, resign, effective September 26, 2003, at a cost of $4,320 for terminal pay, and
    WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it
    RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance appropriate a total of $4,320 for terminal pay for Cindy Day,
    RESOLVED, further, That the money be distributed to the following accounts:
FROM:            A1990.54440    Contingent Fund    $4,320
TO:                   A1315.51000    Regular Pay            $3,402
                          A1315.58800    Fringes                    $   918
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Year-End Resolutions

    It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to approve and submit the following resolution to the full Legislature for approval.  Mr. Lane said he will vote against the resolution as he opposes the location of the legal notices and the lack of an index for the classified section.  Mr. Koplinka-Loehr asked that Mr. Lane's comments be forwarded to the Ithaca Journal's publisher. 

    A voice vote resulted as follows on the resolution:  Ayes - 4, Noes - 1 (Lane).  RESOLUTION CARRIED.

RESOLUTION NO.     - DESIGNATION OF NEWSPAPER

    RESOLVED, on recommendation of the Government Operations Committee, That the official newspaper for the County of Tompkins for the publication of all local laws, notices and other matters required by law to be published pursuant to County Law, Article 5, Section 214, Subdivision (2), and Local Law No. 1 of 1992 be designated from January 1, 2004 to December 31, 2004, as follows:
The Ithaca Journal, Ithaca, New York
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    It was MOVED by Mr. Lane, seconded by Mr. Todd, and unanimously adopted by voice vote, to submit the following resolution to the full Legislature for approval:

RESOLUTION NO.  - CORRECTION OF ERRORS

    RESOLVED, on recommendation of the Government Operations Committee, That the Clerk of the Legislature be and hereby is authorized to correct any manifest errors in the 2003 minutes of the Legislature or in reports of any committees.
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Approval of Minutes

    It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve the minutes of the November 13, 2003 meeting as submitted.

Rules of the Legislature

    A report from the Subcommittee created to review the Rules of the Legislature was submitted to the Committee.  Mr. Koplinka-Loehr asked how the Committee wished to proceed. The Committee asked that the report be included with the next agenda for discussion and invite Legislator Winch to a subsequent meeting. 

Appointment

    It was MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to submit the following appointment to the full Legislature for approval:

    Public Information Advisory Board
    George Eberhardt - term expires December 31, 2005

Review of Goals

    Mrs. McBean-Clairborne and Mr. Lane said they would like to have a discussion in the future concerning red-circled positions and the possibility of developing a policy for higher level positions.  Mr. Whicher said this could also be handled through negotiations as most employee contracts expire at the end of 2004. 

    Mr. Whicher feels the salary schedule for all employees should be reviewed as the system is getting out dated for many positions. 

    Ms. Kiefer asked for an update on the impact of change in PINS age.  Mr. Wood said in the beginning there was very little impact but over time it has increased. 

    Mrs. McBean-Clairborne said she would like to discuss a policy for properties going to auction.  She would also like to have an update on the proposal for State supported funding for the Human Rights Commission.  Mr. Whicher spoke about the funding for the Human Rights Commission and does not believe there is a contract in place yet.  The plan is to execute a contract directly with the Federal government who would then request reimbursement from the State.  There is a new director at the State level that has been causing delays. 
Annual Financial Disclosure Form

    The revised Financial Disclosure form was distributed to the Committee as recommended by the Ethics Advisory Board (EAB).  Ms. Kiefer, Chair of the EAB, said the Board periodically reviews the forms and this year is recommending some changes as a result of complaints and concerns raised with the City's process and disclosure forms.  A working group of both County and City representatives met on several occasions and made recommendations and suggestions to revise the City form and in the process of that review it was recommended the County's form be revised.  

    Following a brief review of the form, Committee members raised concerns with some of the questions and asked that the Committee discuss it further at the next meeting and allow time for comments to be brought forward.

Adjournment

    The meeting adjourned at 3:35 p.m.

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