MINUTES
GOVERNMENT OPERATIONS COMMITTEE
DECEMBER 15, 2005          2:30 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present:  M. Lane, Chair; D. Booth; G. Totman; K. Herrera; D. Kiefer (arrived at 2:38 p.m.)

Staff:      D. Squires, Finance Director; C. Covert, Clerk of the Legislature; S. Whicher, County Administrator; J. Wood, County Attorney; W. Skinner, Public Information

Called to Order

    The meeting was called to order at 2:30 p.m.

Changes to Agenda

    The following items were added to the agenda:
- Resolution - Authorization to Issue Request for Proposals for Bond Counsel Services
- Appointment - Human Rights Commission

Chair's Report

    Mr. Lane said he did not have a report.

Report from the County Administrator

    Mr. Whicher said he also did not have a report.

Report from the County Attorney

    Mr. Wood did not have a report.

Report and Presentation of Resolution(s) from the Finance Director

    Mr. Squires briefly explained the following resolution and said the partner handling the County's accounts is retiring from the firm of Willkie Farr & Gallagher.  The County has been represented by this firm for thirty years, but it is now closing their finance practice.  The junior partner of the firm is moving to another firm, Fulbright & Jaworski LLP, and is willing to take the County's open files.  As a short-term solution, Mr. Squires is recommending the County transfer its open files to Fulbright & Jaworski LLP and that he be authorized to issue a Request for Proposal for future bond issues. 

    Ms. Kiefer arrived at this time.

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

RESOLUTION NO.    - AUTHORIZATION TO ISSUE REQUEST FOR PROPOSAL FOR BOND COUNSEL SERVICES

    WHEREAS, the County’s current bond counsel Willkie Farr & Gallagher LLP, will cease its public finance practice effective December 31, 2005, and
    WHEREAS, the firm is currently working on several projects, such as Tompkins Cortland Community College (TC3) Master Plan, Highway Federal Aid Program, Public Safety Communications, and Energy Performance, and
WHEREAS, attorney Randy Mayer of Willkie Farr & Gallagher who is familiar with the Tompkins County file, and has previously prepared resolutions for the County could continue to work on the existing open projects at his new firm, Fulbright & Jaworski, if so authorized, and
WHEREAS, it is the interest of the County to transfer its open files from Wilkie Farr & Gallagher to Fulbright & Jaworski, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That in order to maintain continuity and assure proper handling of open project financing files the County will transfer all open project financing files from Willkie Farr & Gallagher LLP, to Fulbright & Jaworski LLP, effective January 1, 2006,
    RESOLVED, further, That the Director of Finance shall issue during 2006 a Request for Proposals for Bond Counsel Services for future new financing requirements.
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    Mr. Squires continued his report and updated the Committee on the properties in foreclosure.  He said that one property owner in the Village of Freeville has defaulted on his agreement and the property is now in foreclosure.  The agreement is that taxes are kept current.  In this situation, the school taxes have not been paid and are being relevied on next year's tax bill.  The individual is also 30 days behind on his current bill.  Mr. Squires distributed and reviewed briefly the updated list of the current inventory of properties in foreclosure. 

    Mr. Squires also provided an update on the Lakeside Nursing Home bankruptcy case.  At the time of the bankruptcy filing, the assessed value on the property was $7.8 million.  During the course of the bankruptcy, Lakeside Nursing Home had an appraisal done valuing the property at $2.1 million.  An attempt is being made to have the court lower the value and base the amount of taxes due on the lower value. 

    In response to a question raised by Ms. Kiefer concerning appraisals being retroactive, Mr. Wood said bankruptcy courts are the only courts that have the power to do that.  They are also in the process of submitting a reorganization plan that the County will object to.

Report from the Public Information Officer

    Ms. Skinner said she did not have a report, but thanked the Committee and said it was a pleasure to work for them.

Appointments

    It was MOVED by Mr. Totman, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve and submit the following appointments to the full Legislature.   A question was raised as to whether the appointment to Board of Human Rights Commissioners was new or a reappointment; Mrs. Covert agreed to look into this question. 

Library Board of Trustees
Eric Acree - Term expires December 31, 2008
Robert G. Sullivan - Term expires December 31, 2008
David Weil - Term expires December 31, 2008

Board of Human Rights Commissioners
Stel Walton Whitehead - Term expires December 31, 2008

Administrative Manual

    Policy 02-14 - Performance Reviews
    There were questions raised as to who was responsible for bringing this policy forward; Mr. Whicher stated he was not aware of it as he was on vacation.  It was noted that this policy was approved at a recent Budget and Capital Committee meeting and that action by the Government Operations Committee is required as the Committee responsible for all Administrative Manual policies. 

    A brief discussion followed and Ms. Kiefer suggested the Policy Statement be shortened and the paragraphs following procedures reordered.  Further discussion followed and Mr. Whicher requested that he have more time to review this item and asked that action be postponed.  At this time, the Committee agreed to postpone action and let the Committee discuss it in 2006.

Resolutions

    It was MOVED by Mr. Booth, seconded by Mr. Totman, to approve and submit the following resolution to the full Legislature for approval.  Ms. Kiefer asked that Whereas' be added to the resolution prior to the Legislature meeting and the Committee agreed.  A voice vote resulted as follows:  Ayes - 5; Noes - 0.  RESOLUTION ADOPTED. 

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 2005 minutes of the Legislature or in reports of any committees.
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    It was MOVED by Mr. Totman, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve and submit the following resolution to the full Legislature.  Mrs. Covert noted that this resolution will need to be adopted by the Legislature in 2006, the year it is in effect pursuant to Real Property Tax Law.

RESOLUTION NO.     - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX REFUNDS AND CREDITS OF $2500 AND UNDER

    WHEREAS, Section 554 of the Real Property Tax Law authorizes a tax-levying body to delegate the correction of tax rolls due to a clerical error, an error in essential fact, or an unlawful entry (an unlawful entry is any information on the tax roll that violates the Real Property Tax Law), and
    WHEREAS, Section 556 of the Real Property Tax Law authorizes a tax-levying body to delegate the payment of tax refunds due to a clerical error, an error in essential fact, or an unlawful entry, and
    WHEREAS, it is the opinion of the Government Operations Committee, that such delegation would be more efficient in processing said refunds and therefore beneficial to the taxpayer, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the County Director of Assessment shall transmit corrections and/or refund recommendations to the County Administrator,
    RESOLVED, further, That the County Administrator is hereby authorized to allow payments of bills where recommended refund or credit is $2,500 or less, without prior audit by the tax-levying body, in compliance with Paragraph 9 (a), (c) of Section 554, and Paragraph 8 (a), (c), (d), and Paragraph 9 and 10 of Section 556 of the Real Property Tax Law,
    RESOLVED, further, That any refund or credit over $2,500 must be approved by the Tompkins County Legislature pursuant to Paragraph 8 (a), 9, and 10 of Section 566 of the Real Property Tax Law, except for refunds amounting over $2,500 as results of Real Property Tax Law Article 7 litigations ordered by the New York State Supreme Court,
    RESOLVED, further, That the County Administrator shall transmit on or before the 15th day of each month a report to the Tompkins County Legislature of all the corrections and refunds processed,
    RESOLVED, further, That this resolution shall only be in effect during the calendar year 2006.
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    It was MOVED by Mr. Booth, seconded by Mr. Totman, to approve and submit the following resolution to the full Legislature for approval.  Mr. Lane said he will be opposing this resolution because the legal notices are no longer printed in the front of the classified section.  A voice vote resulted as follows:  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, 2006, to December 31, 2006, as follows:
    The Ithaca Journal, Ithaca, New York
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Approval of Minutes

    It was MOVED by Mr. Totman, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve the minutes of the November 16, 2005, meeting as corrected.

Other Business

    At this time, Mr. Lane thanked staff and Committee members for a great year and all the efforts.  Committee members and staff also thanked Mr. Lane as Chair of the Committee.

Adjournment

    The meeting adjourned at 3:12 p.m.

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