MINUTES
GOVERNMENT OPERATIONS COMMITTEE
DECEMBER 16, 2004          2:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present:  M. Lane, Chair; N. Schuler; D. Kiefer
Excused: K. Herrera and D. Winch
Staff:      C. Covert, Clerk of the Legislature; E. Marx, Deputy County Administrator/Planning Commissioner; W. Skinner, Public Information; J. Wood, County Attorney; S. Whicher, County Administrator; V. Coggin, Assessment; A. Fitzpatrick, Personnel Commissioner
Guests:   L. McBean-Clairborne, Legislator; C. Nelson, Public Works Administrator; Press

Called to Order

    The meeting was called to order at 2:04 p.m.

Changes to Agenda

    There were no changes to the agenda.

County Attorney

    Lawsuit Against Pharmaceutical Companies
    Mr. Wood presented a resolution for the Committee to consider authorizing the execution of a contract with Kirby, McInerney & Squire, LLP, for Medicaid pharmaceutical litigation.  He explained several firms have solicited the County but recommends this firm as it is already representing the City of New York, Westchester County, and Rockland County.  There is also a group of approximately 13 other counties that are interested in contracting with this firm.  He said Steve Acquario of New York State Association of Counties is trying to negotiate a lower rate that would apply to the group of counties. 

    Following a brief discussion, it was MOVED by Ms. Schuler, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve and submit the following resolution to the full Legislature for approval:

RESOLUTION NO.  APPROVING EXECUTION OF CONTRACT BETWEEN THE COUNTY AND KIRBY, MCINERNEY & SQUIRE, LLP FOR MEDICAID PHARMACEUTICAL LITIGATION REPRESENTATION

    WHEREAS, Tompkins County is responsible to pay approximately twenty-five (25%) percent of the prescription drug costs for persons enrolled in the Medicaid program for whom Tompkins County is deemed fiscally responsible, and
    WHEREAS, payment for prescription drugs covered by Medicaid are based on the average wholesale price (AWP) as set by reporting companies based upon information obtained from the pharmaceutical companies, and
    WHEREAS, government investigators have reported that the AWP has been artificially inflated due to improper information provided by the pharmaceutical companies, and
    WHEREAS, Tompkins County has borne the financial burden of these artificially inflated charges, and
    WHEREAS, numerous other New York Counties have retained or intend to retain the firm or Kirby, McInerney & Squire, LLP, 830 Third Avenue, New York, New York, 10022, to represent their respective counties and to initiate legal proceedings against pharmaceutical companies and all parties responsible to recover overpayments as a result of artificially inflated AWP of prescription drugs, and
    WHEREAS, Kirby, McInerney & Squire, LLP, has proposed to represent the County of Tompkins based upon percentage contingency fee on all recovery, and
    WHEREAS, the County Attorney recommends retaining the services of Kirby, McInereny & Squire, LLP, now, therefore, be it
     RESOLVED, on recommendation of the Government Operations Committee, that the County Attorney is authorized to enter into an agreement with Kirby, McInerney & Squire, LLP, 830 Third Avenue, New York, New York, 10022, for the purpose of pursuing an action against pharmaceutical companies and other responsible parties to recover overpayment made by Tompkins County as a result of artificially inflated average wholesale prices of Medicaid covered prescription drugs.
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Finance Department

    Resolution
    Following a brief explanation of the resolution by Mr. Squires, it was MOVED by Ms. Kiefer, 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.        - AUTHORIZING A MULTI-YEAR CONTRACT WITH JACK VENESKY, CPA , FOR THE PREPARATION OF COST ALLOCATION PLAN FOR THE YEARS 2004-2006

     WHEREAS, Federal OMB Circular A-87 requires the preparation of an annual indirect cost
report in order to recover indirect cost reimbursement for certain Federally assisted programs, and
WHEREAS, the firm of Jack Venesky, CPA, is unique in its specialized practice in the area of Federal and State program cost reporting, and
    WHEREAS, over the past three years with the assistance of Jack Venesky, CPA, the Indirect Cost Reports have generated in excess of $3,700,000 in reimbursement as compared to the consultants fees totaling $38,700, and
    WHEREAS, the Finance Director has recommended that it would be in the best interest of the County to renew the Cost Allocation agreement with Jack Venesky, CPA, because of cost and time efficiencies developed as a result the consultant’s familiarity with the County’s operations, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the Departments of Finance, Health, and Social Services are authorized to enter into a multi-year contract with Jack Venesky, CPA, for the preparation of annual cost report for the years 2004-2006, at a fee of $12,900 annually.
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Position of Public Works/Planning Commissioner Discussion

    Mr. Whicher reported on discussions being held concerning the consideration of changing the position of Deputy County Administrator/Planning Commissioner to a new position of Public Works/Planning Commissioner.  The ramifications and impacts are being discussed and considered.  Mr. Whicher spoke about the strong need to increase administrative and management support in the Public Works Department.  He feels succession planning is a priority but the question is how important is it to have a Deputy County Administrator as opposed to appointing or designating a successor and feels the Legislature needs to make that decision.  Following discussions he has had, he feels the best direction for Administration is to have a stronger staff base and have more staff available to address issues they are working on.  He said the resignation of Jackie Thomas has also created additional needs to address and discuss.  Administrative staff continues to meet and is reviewing proposals and hopes to come forward with a recommended proposal for staffing. 

    Mr. Lane feels the Department of Administration is short-handed and has been operating in tough financial times.  He hopes that the proposals being considered will address the staffing issues in the Department. 

    Ms. McBean-Clairborne asked if the need for a Deputy County Administrator has changed.  Mr. Whicher commented that this is an opportunity to reorganize the department in ways it has never done before.  This will allow staff to look at their jobs and realign and share duties.  He feels it is more important to have support staff to address topics that need to be addressed. 

    Ms. Kiefer agreed with Mr. Lane and feels the Department is understaffed.  She spoke about her concerns with having a halftime Planning Commissioner and does not feel having a Public Works/Planning Commissioner resolves her concerns.  She hopes that the proposal presented is done on a trial basis and is not a permanent recommendation.  She felt the County ran well with two Deputy County Administrators and okay with one. 

    Mr. Marx spoke about the strengths in the relationship between the Departments of Public Works and Planning. He also spoke against making the position of Public Works/Planning Commissioner a temporary appointment for one year as a trial basis. 

    Mr. Lane asked if the Charter and job descriptions would need to be revised.  Ms. Fitzpatrick was unclear if the Charter would need to be amended, but said an evaluation of a job description would need to be done once a title was created.

    Mr. Lane asked what the County Administrator's recommendation was for the direction he would like to pursue.  Mr. Whicher said at this time he is recommending the Committee consider the change in position from Deputy County Administrator/Planning Commissioner to Public Works/Planning Commissioner. 

    Ms. Kiefer said she would support this proposal on a trial basis, but feels there is an argument to have a professional engineer head the Public Works Department.   Ms. Schuler feels there is a need for an administrator but not necessarily an engineer as the Commissioner.  Mr. Marx said it is not uncommon for planners to play a leadership role of public works and believes the relationships are comparable. 

   Mr. Lane said the area of public works was studied for two years and a Public Works Cabinet was put into place; he now questions why there is a need for a Commissioner.  Mr. Marx feels if there was a person available above the level of a division manager on a daily decision-making basis more issues would have been resolved appropriately and much more quickly.  He said the problems in public works have not been technical or engineering related.  Mr. Lane expressed concern with the proposal and feels there are some unknowns with the proposed position such as civil service requirements.  However, he does feel there are issues that need to be resolved and hopes the Committee will look at them. 

    Ms. Kiefer asked about the Capital Program.  Mr. Whicher said he hopes to begin planning long term for 15-20 years and not 5 years and have the Planning Department lead that effort.  Ms. Kiefer also hopes efforts will be made to work with municipalities.  

    Ms. McBean-Clairborne said she would like to see a formal proposal that includes some of the issues raised today.  She wants the Public Works and Planning Departments to have the staff necessary to function well. 

Assessment Department

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

RESOLUTION NO.    RESCINDING RESOLUTION NO. 245 OF 2001 WHICH AUTHORIZED THE ASSESSMENT DEPARTMENT TO CHARGE A NOMINAL FEE FOR TAX MAP ALTERATIONS

    WHEREAS, in 2001 the County Legislature authorized the Assessment Department to charge a nominal fee for tax map alterations needed due to the filing of approved subdivisions, and
    WHEREAS, this procedure is no longer necessary since appropriate information can be obtained from a database currently maintained by the County, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That Resolution No. 245 of 2001 is hereby rescinded.
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    Department Update
    Ms. Coggin announced the Department received $168,180 in State Maintenance Aid qualifying for the sixth consecutive year.  It was noted that Tompkins County's Assessment Department received the Excellence and Equity Award from New York State.

    NYSEG Class-Action Suit
    Ms. Coggin brought to the Committee's attention the pending litigation between New York State Electric and Gas and New York State Office of Real Property Services and the possibility of a tax refund.  She said there are two issues:  The first is a bill being sponsored by Senator Seward that removes the financial burden of litigation cost from the assessing units and making the State responsible for it.  She said Legislators should contact the Senator immediately if they agree with the bill.  The second issue is the financial impact of the litigation on the local taxes.  At this time, she cannot provide an estimate of refunds, but as soon as the report or a copy of the appraisal is available from the State hired appraiser, she will inform the Committee. 

    Mr. Lane suggested Assemblywoman Lifton be contacted and ask her if she would sponsor a bill as well from the Assembly.

    Ms. Coggin proposed Committee members and Legislators write letters of support to Senator Seward and Assemblywoman Lifton.

    2004 Certiorari Report
    Ms. Coggin briefly reviewed the Certiorari Report and said there are only four outstanding cases. 
   
    Board of Assessment Review
    Ms. Schuler said the subcommittee met and is recommending Martha Preston be appointed.  Mrs. Covert agreed to send her an application form for appointment. 

Administrative Manual Policies

    01-10 - Contracts
    Ms. Kippola reviewed the changes recommended by Chair Joseph for clarity.   It was MOVED by Ms. Schuler, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve and submit the following policy to the full Legislature:

CONTRACTS

Objective:    To establish procedures for the authorization, execution and implementation  of contracts entered into by the County   
Policy Number    01-10
Reference:  (Laws both state and local)    Tompkins County Charter and Code; Office of the Clerk of the Board of Representatives Legislature; Resolution No. 331 of 1980; Opinion of the County Attorney of  November 18, 1991   
Effective Date                 Modified Date    June 18, 1996
Policy Statement:    It is the policy of the Tompkins County Legislature that all contracts are reviewed by the County Contracts Coordinator to ensure provisions include legal and financial protection to reduce potential liability to taxpayers. Department Heads shall report to the Finance Director information regarding a contractor's negative  performance. It is the policy of the Tompkins County Legislature to secure the highest level of goods and services from vendors consistent with budgetary constraints in a manner that reduces administrative burden on both parties while protecting the taxpayer. To this end, the need for goods and services shall be widely publicized and prior to finalization, all contracts will be reviewed to ensure that they include legal and financial protection to reduce potential liability to taxpayers, and that the County's diversity goals are considered. In addition, a record shall be kept of the County's experience with all vendors and contractors.   
Resolution #        
Department    Administration
   
Procedures:
Policy "A" of the Legislature:
I.   Types of Contracts
A.  EZ Contracts Contracts signed  by County Administrator or designee
:  Used when funds are in the budget, pre-approved vendor is selected, standard contract form is used, and term is for one year or less (one year = 365 consecutive days and may overlap calendar years) (See flowcharts-Schedule A and Service Agreement form-available from County Administration).

1.  Vendors selected to perform County services must be pre-approved by Tompkins County Contracts Coordinator. The pre-approved vendor list is to be determined, categorized and maintained through a pre-qualification application process administered by the County Contracts Coordinator through the following steps:

a)  It is made known to the County Contracts Coordinator that a vendor wishes to perform work for the County (this could come from the vendor, the department, or other sources).
b)  The County Contracts Coordinator categorizes the type of service(s) provided by the vendor.
c)  The County Contracts Coordinator determines the hold harmless and insurance requirements (if a waiver is needed or desired, follow the procedure outlined in Policy 01-22, #8.  The issue of any waiver should be resolved at this stage of the contract process).   
d)  The County Contracts Coordinator sends an pre-approved vendor application to the vendor to complete and return.
e)  The County Contracts Coordinator reviews the completed vendor application and proof of insurance.
f)  If all conditions are met, the County Contracts Coordinator places the vendor on the pre-approved vendor list.  

No service or program requiring a contract may be started until an executed contract authorizing that service or program is on file in the County Contracts Coordinator’s Office unless the contract qualifies as an extreme emergency, which is determined by the County Contracts Coordinator.  However, in the case of contracts between the County and New York State, where a State- executed contract is usually not returned by the time a program must start, a letter of intent from the appropriate State department stating that the funds for said program are available and County may implement said program, may be placed on file in lieu of the State-executed contract.  A Contract is required whenever a service is to be rendered to and/or for the County or using County funds, and is performed on County property by: a) an individual who is not being paid for such service as a County employee; b) a non-County department or municipality; c) an agency (voluntary or not-for-profit); d.) a vendor (privately or publicly owned); or e) work or service performed by the  county. Every contract will contain anti-discrimination clauses.
 
2.  No contract for personal services provided by classified staff may be initiated without the written approval of the Commissioner of  Personnel.
 
3.  The County Administrator shall establish priorities to carry out this policy. The County Administrator shall establish priorities and may designate authority to execute agreements.

B.  Contracts which  that require steps in addition to the E-Z Process above:

TYPE OF CONTRACT    ADDED STEPS/EXPLANATION
Capital Project    Program committee recommends, full Board approves unless it delegates approval authority by specific resolution
$1 -$49,999 per contract: County Administration shall approve;
$50,000-$299,999 $499,999 per contract: Program Committee shall approve;
$300,000 $500,000 or more:  Legislature resolution required.
County Administration and program committee reserve the right to move any contract approval to the full Legislature. If a department head needs a resolution for any reason, he/she may also move forward with a resolution, regardless of contract amount.
Leases    Program committee recommends, full Board Legislature approves unless it delegates approval authority by specific resolution
Room Tax    Program committee recommends, full Board Legislature approves unless it delegates approval authority by specific resolution
Intermunicipal    Program committee recommends, full Board Legislature approves unless it delegates approval authority by specific resolution. Board Legislature approves unless it delegates approval authority by specific resolution approves unless it delegates approval authority by specific resolution
Bids and Formal Proposals    Program committee decides who approves specification or RFP and who awards contract—staff (department or Purchasing), Committee itself, or Board Legislature approves unless it delegates approval authority by specific resolution Board Legislature approves unless it delegates approval authority by specific resolution
Grant    Program committee approves
Investment    See Investment Policy, Department of Finance
Land Purchase or Sale    See Land Policy (available in Board Legislature approves unless it delegates approval authority by specific resolution office, Department of Planning or Administration)
Contract Amendments or Addendums    Same approval procedure as original agreement, unless the amendment plus the original agreement exceeds bid/request for proposal requirements (see Policy 06-07); if this occurs, see Bids and Formal Proposals above

See Policy 06-07 for the procedures to follow for a contract that results from a request for proposals or a bid, especially procedures #4 and #5.

II.  Procedures of the County Administrator:
 
A.  County-Initiated Contracts:

 1.  If  the need for a contract arises after the budget process has been completed, the County Administrator or designee involved must initiate a Contract  proposal by sending all pertinent information with respect to a pre-approved vendor including funding terms, conditions, and all other pertinent information associated with the Contract.
 
2.  It is the responsibility of the department head or designee to keep contracts updated, to make sure that new contracts are initiated with sufficient lead time  to complete the process before old contracts expire, and make sure that programs are not started before contracts are executed.
 
3.  The County Administrator or designee (to be determined by the County Administrator on a department by department basis) shall:

a.      Initiate contract;
b.      Assign a contract number;
c.      Select a vendor from the pre-approved vendor list to perform the service;

(NOTE: the County Administrator, or his/her designee responsible for the contract, should verify that the selected vendor's insurance is adequate for the work that will be performed and that a valid Certificate of Insurance to cover the life of the contract is on file with the County Contract Coordinator).

d.     Negotiate contract terms with the vendor;
e.     Send original contract to the vendor for signature;
f.     Receive signed contract from vendor;
g.    Sign the contract on behalf of the County;
h.    Return a fully executed copy of the contract to the vendor;
i.    Forward a fully executed copy of the contract to the County Contract Coordinator;
j.    Retain a copy of the fully executed contract for the department  (NOTE:  the number of originals and copies needed will vary from department to department).

       The County Contract Coordinator shall:

a.      Log the contract in;
b.      Ensure that the contract has been properly executed;
c.      File a fully executed copy of the contract.

B  Contracts not initiated by the County (e.g., cases where the County leases office space from a  corporation or a building owner):

1.  The contracting corporation, agency, or person, following consultation with the County Administrator or designee, originates the contract and sends two (2) signed contracts to the department head or designee.
 
2.  The County Administrator or designee shall follow the procedure as outlined above for county-initiated contracts, with the exception that any changes or problems noted during the review process shall be communicated to the County Contracts Coordinator.
 
3.  The County Administrator or designee sends a fully executed copy of  the contract to the County Contracts Coordinator.

(NOTE:  The above steps apply unless otherwise outlined in the Tompkins County Charter and Code.)

Policy "B" of the Legislature: 

III.  Bids and Requests for Proposals (RFP): 
Used for soliciting prices for equipment and services (except for those on the County's Exemption List).

A. When a department realizes a need for equipment or services it notifies the County Contracts Coordinator, Purchasing, and Legislature by completing a Bid/RFP Project Activity Report (available from County Administration).  This completed report is given to the person responsible for generating the agenda for the Board committee responsible for the oversight of the program for which the equipment or service is needed.  The agenda generator is responsible to see that the Project Activity Report is attached to the committee s agenda ahead of the meeting as well as being copied to the County Contracts Coordinator, Purchasing, and all other Legislature members (not assigned to the standing committee).
 
B. The members of the responsible Board Legislative committee are to contact the designated Project Manager prior to the committee meeting in order that all questions,  comments, and concerns may be addressed ahead of the scheduled committee meeting.  If a non-committee member of the Board Legislature has comments, they should contact the Committee Chair (not the Project Manager) ahead of the committee meeting.
 
C. The Bid/RFP Activity Report is provided to the responsible Board committee for informational purposes only unless the committee, as a whole, through a vote, agrees that additional  committee reviews and approvals are needed before the Bid/RFP may be is advertised.  (See Committee Review Process flowchart-available from County Administration).
 
D.  The Project Manager prepares the Bid/RFP specifications in consultation with the County Contracts Coordinator and Purchasing.  

1.  If, at this point, it is determined by Purchasing that the equipment or service needed may be obtained by getting quotes, instead of using the formal Bid/RFP process, the project manager will be directed by Purchasing to proceed in getting quotes, select the successful vendor, and proceed with the EZ Contract policy (see Policy A Procedures above).
 
2.  If, at this point, it is determined that the formal Bid/RFP process is needed, it will be advertised by Purchasing, with the insurance requirements confirmed by the County Contracts Coordinator and responses will be received.

E.  If the responses received are at or below the budgeted amount, the award to the successful vendor will be made by Purchasing.  The EZ Contract process will be followed to generate a contract for the equipment or service.  If, however, the responses received are above the budgeted amount, the results must be taken to the responsible Board committee for approval or further direction.

IV.  Record of experience with vendors and contractors
All department heads and program managers are responsible for summarizing and reporting their experiences, with vendors and contractors, both positive and negative, and including any contract performance issues to Purchasing. A record of such issues shall be kept in the vendors' files in the Purchasing office.

    01-32 - Designation of County Space/Item
    Mr. Lane asked the Committee if naming spaces such as conference rooms, roads, etc. after living people or include language that requires a review after ten years following the naming of space or an item should be considered. 

    Following discussion concerning additional language requiring a review section, it was MOVED by Ms. Schuler, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve and submit the following policy to the full Legislature as recommended with the new section:

DESIGNATION OF COUNTY SPACE/ITEM

Objective:    Naming County owned buildings, rooms, roads and other facilities and material items   
Policy Number    01-32
Reference:  (Laws both state and local)    The authority for officially naming County-owned buildings, rooms, roads, and other facilities and material items (e.g., podium, gavel bench, garden, collection) rests with the County Legislature.   
Effective Date    November 8, 2000, Res 236
Modified Date    December 2004
Policy Statement:    Tompkins County will provide a suitable work environment for all employees within the fiscal constraints under which county government operates. Employees will be treated equitably in the allocation of office and support function space in county buildings.    Resolution #     
Department    Administration   

Procedure:       

The following guidelines/standards will be used to consider naming requests.

- Only under exceptional circumstances will the County consider permanently naming a room or other County space to honor an individual or other entity. (This is a continuation of an unwritten policy.) The County Legislature is not obliged to act favorably on any such request, but only after due deliberation and consideration.

- Building names will be related to the service(s) provided therein, the function(s) the building serves, and/or the historical nature of the building insofar as possible.

- Facilities will not be named for commercial enterprises.

- Requests for naming designation shall be made to the County Administrator and shall be referred to and reviewed by the committee of the County Legislature that deals with governmental operations/administration, which will be responsible for making a recommendation to the full County Legislature. The committee may request input from the appropriate program committee during the consideration of the naming request.

- Any program or activity that will confer naming rights based on financial contribution will require approval in advance from the County Legislature.

When considering the naming of a facility, space, or material item, the committee and full Legislature will utilize the following criteria:

- The significance of the individual's contribution to Tompkins County;
- The length of the individual's service;
- The relationship between the individual's contribution and the nature of the facility/item to be named;
- Any naming shall contain a review provision and be reexamined after 10 years at which time the name may be continued or changed.

Note: If the request comes from staff or a department and the committee decides the request does not meet the criterion of countywide importance, the staff of the affected department may informally name something for its own internal use.

    01-34 - Allocation of Space in County Facilities and 01-43 - Office Space Standards for County Facilities
    Mr. Marx presented two versions and explained the changes, including combining the two policies.  The Committee said it preferred having the two versions and in regard to policy 01-34, Ms. Kiefer recommended a policy statement and sections pertaining to existing space and new space be included.  Following further discussion, it was MOVED by Ms. Kiefer, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to approve and submit the policy to the full Legislature for approval; Mr. Marx agreed to prepare the policy for submission.

    02-01 - Creating New Positions and Reclassifying Existing Positions
    This item was deferred to the next meeting.

Year-End Resolutions

    It was MOVED by Ms. Schuler, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve and 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 2004 minutes of the Legislature or in reports of any committees.
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    It was MOVED by Ms. Kiefer, 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.     - DESIGNATION OF NEWSPAPER

    WHEREAS, the County must annually designate a newspaper of record, now therefore be it
    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, 2005 to December 31, 2005, as follows:
The Ithaca Journal, Ithaca, New York
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    It was MOVED by Ms. Schuler, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve and submit the following resolution to the full Legislature for approval:

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

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 make Tax Roll corrections and /or payments of any refunds as if the Tompkins County Legislature had performed this audit in compliance with Paragraph 1-8 of Section 554 and 1-7 of Section 566 of the Real Property Tax Law,
    RESOLVED, further, That any Tax Roll correction and/or refund of $2500 or more must be approved by the Tompkins County Legislature pursuant to Paragraph 9(a) and Paragraph 8(a) of Section 556 of the Real Property Tax Law,
    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 2005.
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Approval of Minutes

    It was MOVED by Ms. Kiefer, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to approve the minutes of the November 18, 2004, as corrected.

Appointments

    It was MOVED by Ms. Schuler, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve and submit the following appointments to the full Legislature for approval:
Ethics Advisory Board
Faust F. Rossi - Term expires December 31, 2005

Public Information Advisory Board
Charles W. Brodhead - Term expires December 31, 2006

Report from the Finance Director

    Mr. Squires distributed an updated report concerning the status of properties under foreclosure.  There are now 32 residential properties on the list as compared to 56 at the beginning of the process.

Ethics Advisory Board

    Required Filers (Appraisers)
    Mr. Wood said he did not have any more to report, but hopes to have more information before the next meeting.

    Mr. Lane requested that the resolution as adopted by the Committee at a previous meeting be submitted to the full Legislature for approval with the understanding that the positions of appraisers be included on the list unless they receive a form from the State to fill out and filed with the County's forms. 

    Code of Ethics
    Ms. Kiefer briefly gave an overview of the Code of Ethics as recommended by the Ethics Advisory Board and hoped it would assist the Committee in understanding the changes in the Financial Disclosure form. 

    One significant change in the Code is the section concerning penalties and Mr. Lane asked if an individual could be charged under both the violation of State Law and County Law.  Mr. Wood said the two laws are different in what is termed legal and said as a practical matter he did not feel that would happen. 

    As all Committee members were not present, this item was postponed for further discussion.  It was felt that a memorandum should be done to the Legislature and attach a copy of the draft Code for review and comment by all Legislators prior to the next Committee meeting in January.

Executive Session

    It was MOVED by Ms. Schuler, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to hold an executive session to discuss a real estate matter.  An executive session was held at 3:54 p.m. and returned to open session at 4:02 p.m.

Adjournment

    The meeting adjourned at 4:02 p.m.
 

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