MINUTES
GOVERNMENT OPERATIONS COMMITTEE
FEBRUARY 19, 2004          2:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present:  M. Lane, Chair; D. Winch; D. Kiefer; K. Herrera; N. Schuler

Staff:      J. Thomas, Administration; W. Skinner, Public Information; D. Squires, Finance; V. Coggin, Assessment Director; J. Franklin, Assessment

Guests:  Legislators Blanchard, Robertson, and Totman; Media; M. Finkelstein; J. Marcham; District Attorney George Dentes

Called to Order

    The meeting was called to order at 2:02 p.m.

Changes to Agenda

    There were no changes to the agenda.

Report from the Committee Chair

    Mr. Lane did not have a report.

Report from the Finance Director

    Mr. Squires distributed copies of the list of properties on the foreclosure list and the letter given to the property owners.  He inspected the properties on February 4th.  The Planning Department will be providing a report at the next meeting on the evaluation of the properties according to the Land Policy and will be making their recommendations on which properties the County should move on.

Report from the County Administrator

    Mr. Whicher reviewed the goals established by the Department Heads for 2004.  One goal identified was the budget schedule and said a proposal reducing the budget process has been prepared and is being considered. 

    Mr. Lane said he has some concerns with the proposed schedule as Cortland County just got into trouble with following the dates required by State Law. 

    Mr. Whicher said the schedule will continue to be discussed until an agreement is reached. 

Public Information Report

    Ms. Skinner reported she has established an informal group to discuss and recommend suggestions for ways to promote what Tompkins County does.  There were many ideas generated from the group.  One more meeting is scheduled and the group will discuss a process to share with Department Heads for their feedback.  It is hoped to develop news to communicate to the public. 

Approval of Minutes

    It was MOVED by Mr. Winch, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the minutes of January 15, 2004 as corrected.   MINUTES APPROVED.

Assessment Department

    Continual Equity Maintenance Program
    Ms. Coggin reviewed the packet of information distributed to the Committee concerning the 2004 Continual Equity Maintenance Program.  Three disclosure hearings have been scheduled:  February 9th, Human Services Building; February 24th, Lansing Town Hall; and March 8th, Ulysses Town Hall.  She commented that the understanding of the public and the process seem to be going well.  She complimented the media especially the Ithaca Journal for their media coverage.  This is the third year for the actual annual reassessment process.  To date, notices have been sent out in the City of Ithaca, Town of Caroline, and Town of Lansing.  The response has been surprisingly low and no complaints have been filed.  She feels that because the public has a better understanding of the process, the numbers at the disclosure hearings are much lower than anticipated. 

    In response to Ms. Kiefer concerning the Department's Mission Statement on the Assessment Disclosure Hearings notice, Mr. Franklin agreed to add the definition of fair market value to the notice.   

    Ms. Robertson asked if an additional disclosure hearing could be held in the City of Ithaca later in the process since some notices will be going out after the three hearings mentioned above are held.  Ms. Coggin said she would like to comply with the request, but due to the shortage of staff it would be very difficult to do.  She reminded the Committee that the hearings are done voluntarily.  However, she said if there is a need expressed, she will make every effort to comply. 

    Ms. Coggin commented that some of the biggest increases are in commercial properties and the Town of Enfield. 

    Ms. Robertson feels that Legislators are receiving feedback from the public that the Department may have received in the past.  Mr. Lane agreed and said he is also getting more calls and questions concerning assessments and that the County needs to remain sensitive. 

    Mr. Lane commented that he is a strong supporter of annual assessments as it is the fairest process in most cases.  He also spoke about the State money the Department receives for annual assessments and the concern that it may not be available in the future.  He questioned whether this is a subject the Committee should consider discussing and look at other options such as a three-year averaging program.  Ms. Coggin said she is prepared to present the Committee with different options and scenarios and the costs associated with them.  She said this needs to be discussed soon as their new year begins July 1.  However, she cautioned the Committee that regardless of any process in any given year certain neighborhoods will experience spikes and will be reviewed.    The Committee agreed to pursue this and look at various options.  Ms. Coggin said she will present information to the Committee at the next meeting. 

    Ms. Coggin explained the State funding was a six-year phase for local municipalities (the County) adopting the annual assessment process.  This funding was only temporary and local municipalities were expected to continue the funding for the program.  However, she said there was a request by the Office of Real Property Services to extend this aid.  She hopes to learn more in early March if the County will continue receiving this funding.

Tompkins County Legislature

    Resolution
    It was MOVED by Ms. Herrera, seconded by Ms. Schuler, to submit the following resolution to the full Legislature for approval.  Ms. Kiefer noted that the Chair of the Government Operations Committee is listed, but this year that person is also the Vice Chair of the Legislature, so he is listed twice.  She thinks committee chairmanship should be based on tenure on the Legislature which is more relevant as well as the availability and health of Legislators.  Ms. Herrera supports the resolution as presented to Committee and feels it provides the appropriate overview of County operations. 

    Following a brief discussion, Ms. Kiefer MOVED to change the order of succession as follows:  Legislators Penniman, Proto, Winch.  MOTION FAILED FOR LACK OF A SECOND.

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

RESOLUTION NO.        - APPROVAL OF SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR
   
    WHEREAS, Section 2.05 of the County Charter, specifies the succession of members of the Legislature be designated annually by resolution to serve in the absence of the Chair and Vice Chair, and
    WHEREAS, the Government Operations Committee recommends the chairs of standing committees be designated, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the following order of succession of County Legislators be approved to serve in the absence of the Chair and Vice Chair:
Chair, Budget and Capital Committee
Chair, Public Safety Committee
Chair, Government Operations Committee
Chair, Facilities and Infrastructure Committee
Chair, Health and Human Services Committee
Chair, Planning, Development and Environmental Quality Committee
Chair, Consumer and Community Affairs Committee
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County Executive

    Mr. Lane introduced Mark Finkelstein and said Mr. Finkelstein called a press conference last December requesting the County consider the creation of a County Executive position.  This would change the form of County government in Tompkins County.  Mr. Lane said the Government Operations Committee was charged to investigate this proposal as recommended by the Republican Party. 

    Mr. Finkelstein thanked the Committee for inviting him to attend.  He explained the reasons behind the proposal for creating a County Executive position in Tompkins County.  It is felt it would work better for the operation of the County, be more efficient and save money.  He hoped there would be consensus that an elected County Executive is a more democratic form of government.  He said top offices at other levels of government such as mayor, governor, and President are elected officials.  Currently, the process allows for people to vote for one out of fifteen Legislators. 

    At this time Mr. Finkelstein spoke of some of the efficiencies including one person being directly responsible to all the voters and an elected Executive would be in a better position to lead.

    In preparing the proposal, there was a considerable amount of time spent with Tom Santulli, Chemung County Executive, and he hoped the Committee would consider inviting Mr. Santulli to a meeting to share some of his experiences.  He highlighted some of the similarities with Chemung County; for example, the County is adjacent to Tompkins County, the population is almost identical, and their budget is very comparable.  Mr. Finkelstein also highlighted some of the things happening in Chemung:  This past year Chemung County had a 14 percent tax rate increase, the first increase for the County in ten years.  During the same period of time, the tax levy in Tompkins County rose 49 percent.  Among the efficiency's achieved in Chemung County includes taking eight of the departments and reducing them to four; through attrition only reducing the number of employees by 100 saving $6.5 million in personnel costs; implementing a prescription program to accept generic drugs which has increased the usage from 10 percent to 85 percent; and consolidation of services was achieved such as snowplowing being handled at the County level for all municipalities. 

    Mr. Lane asked what the proposal would rectify in the current system.  Mr. Finkelstein feels the proposal would give the County an opportunity to do better, and run things in a more leaner and efficient way without sacrificing important services to the residents. 

    Ms. Robertson spoke about constituents and feels the proposal would not benefit them as they would be distanced from the person with influence.  The current system allows constituents to have a closer connection to County government and feels that is a more democratic form of government.  Mr. Finkelstein feels Legislators would be more available for their constituents and less time would be spent with the day-to-day operations of County government.  Ms. Robertson asked if other counties had been contacted and what the sales tax numbers were in Chemung County.  In response to Ms. Robertson's questions, Mr. Finkelstein said sales tax was increased by one percent two years ago in Chemung County and there were no other counties contacted. 

    Mr. Lane introduced Mr. Marcham, who is a former member of the Board of Representatives at the same time the County Charter was implemented in 1970 and also worked with the City at the time their Charter was adopted.  Mr. Marcham provided the Committee to comment on the issue of creating a County Executive form of government.  

    Mr. Marcham said he served on the City's Charter Commission when a City Administrator plan was being proposed and also served on the County's Charter Committee when the government changed from Board of Supervisors to Board of Representatives.  A County Administrator's position was not created at the time the Charter was implemented.  There are two aspects of the role of County Executive:  administrative and executive.  The County has evolved a very clean system in which essentially all employees who do not work for an elected individual are subject to supervision by the County Administrator.  He stated the County has approximately 710 employees and 23 department heads that report directly to the Administrator.  The County spends $40 million out of $106 million on personnel costs.  There is little control over mandate costs which is approximately $30 million, leaving the remaining amount of $30 million of contractual expenses the County does have control over.  He feels chances of "mucking up" the current system are considerable with an elected official, although that depends on the powers the person is given. 

    The key role of the Administrator is the appointment of department heads and the disciplining and the potential firing of them.  This is all limited by civil service law however.  The Administrator has the opportunity to influence department heads through their evaluations and their budget, which he recommends.  In his experience, he feels department heads and administrators have always been professional and he has not been made aware of partisanship.  The Administrator also influences the efficiency of government through oversight of productivity of its employees serving under the department heads. 

    Another concern he raised is finding an experienced individual or a top-level manager to run for a four-year term.  He spoke about the powers a County Executive may or may not have and recommended the following issues be investigated:
- Cost
- Stability
- Level of rationality (divided authority)

Mr. Lane asked what additional information Committee members wish to have and who they would like to hear from. 

Ms. Herrera appreciated the discussion and feels it is important the Committee keeps an open mind.  She would like to know the powers and duties of a County Executive in other counties and what conflicts may exist including the division of parties and how to alleviate them.  She feels the Committee should continue its fact finding in a general sense and said the specifics will likely become obvious.  Mr. Lane suggested getting copies of the Charter sections for those counties with County Executive positions. 

Ms. Blanchard agreed with Ms. Herrera with gathering more basic information and suggested the Committee may be interested in hearing from Nick Pirro, County Executive from Onondaga County. 

Mr. Winch said he would also like to get more information and find out if there are counties that had a County Executive and changed to a different form of government.  He reported that the comments he has been hearing is that people want to be able to immediately go to the head position and hold that person accountable not one out of fifteen people accountable.  He suggested that having CEO's of various businesses come in and talk to the Committee and see if there is a structure in business the County could model for a County Executive.

Ms. Kiefer commented the last two Special Committees to review this subject made a decision not to change to a County Executive form of government.  She said she would also like to have information from any county that has changed its form of government from County Executive to Administrator and Administrator to County Executive, if any.   She noted she has seen, on the town level, where there is an election held, that when there is a change in that office from one political party to another the direction the town goes in can change dramatically.

Mr. Lane noted that Cayuga County is looking at this issue as well.  Currently, they do not have either position of Administrator or County Executive.

Finance Department

    Resolution
    It was MOVED by Ms. Herrera, seconded by Ms. Schuler, to submit the following resolution to the full Legislature for approval.  Mr. Squires briefly gave an overview of the proposed changes in the Cash Management Policy. 

    Mr. Lane said he does not support the section of Repurchase Agreements and would like to have that section removed.  He will support the resolution at the Committee level however, but may vote against it at the Legislature level.  Mr. Squires explained the reason for including that section and said the County should not limit its opportunities.

    It was MOVED by Ms. Kiefer, seconded by Mr. Lane, to delete Section 13 Repurchase Agreements from the Cash Management Policy.  A voice vote resulted as follows on the amendment:  Ayes - 2 (Kiefer and Lane); Noes - 3 (Winch, Herrera, Schuler).  AMENDMENT FAILED.

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

RESOLUTION NO.            - ADOPTION OF CASH MANAGEMENT AND INVESTMENT POLICY

    WHEREAS, Article 2 -Section 10 of the General Municipal Law requires each local government to authorize depositories for public funds, and
    WHEREAS, Article 2 -Section 11 of the General Municipal Law requires each local government to authorize Permitted Investments for public funds not required for immediate expenditure, and
    WHEREAS, Article 3 -Section 39 of the General Municipal Law requires each local government to adopt a comprehensive investment policy which details the local government's operative policy and instructions to officers and staff regarding the investment of public funds, and that the Investment Policy shall be annually reviewed by the local government, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the Cash Management and Investment Policy dated January 2004, is hereby adopted.
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    It was MOVED by Ms. Schuler, seconded by Ms. Kiefer, to submit the following resolution to the full Legislature for approval.  Mr. Winch expressed his concern with the program and the potential time and problems with administering it.  He asked if the Committee could be kept informed and the program monitored.  Mr. Squires said that the staff time spent on this is manageable, but will continue to monitor it. 

    A brief discussion followed concerning the amount of $100,000 and if it was appropriate.  Mr. Squires said if the Committee wished to change it that he did not have a problem with it.  It was the consensus of the Committee to change the amount to $50,000. 

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

RESOLUTION NO.            - AUTHORIZATION TO ESTABLISH BUSINESS VISA CREDIT CARD ACCOUNTS WITH TOMPKINS TRUST COMPANY

    WHEREAS, Tompkins Trust Company requires the Tompkins County Legislature to adopt a resolution authorizing the County's credit card accounts, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance is hereby authorized to establish Business Visa Credit Accounts with the Tompkins Trust Company for Tompkins County employees to use for approved County purposes and the aggregate credit limits for such accounts shall not exceed $50,000.
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Appointments

    It was MOVED by Ms. Schuler, seconded by Mr. Winch, and unanimously adopted by voice vote, to submit the following appointment to the full Legislature:

Public Information Advisory Board
Pat Pryor - Term expires December 31, 2005

Policy - Foreclosure Sales

    Mr. Squires said the proposed change to the Foreclosure Policy will make the process uniform and everybody will be treated the same and it will also strengthen the enforcement of the final date for people to pay.  At this time, Mr. Squires provided some background information.  He said between the time the list of properties going to auction is approved by the Committee and the date of the auction, often people come in and want to pay.  He feels this undermines the auction process.  Last year, there was specific authorization only to allow redemption following the approval of the auction list for residential properties.  Below is the proposed revision being presented to Committee for approval:

New Section
26.  Redemption of Foreclosed Prior to Sale
       Upon and after the expiration of the redemption period, the Legislature may, prior to the public auction, permit the previous owner of record, or other party with a legal interest in the property, to redeem/purchase the parcel through a release of the County's interest.  The purchase price (redemption price) of such parcel shall be the total of the outstanding real property taxes, assessments, charges, interest, fees, and penalties due and owing at the time of the sale/redemption; plus an additional sum totaling ten percent of that total, to be paid to the County's auctioneer if the property had been turned over to the auctioneer for inclusion in annual sale; plus an additional sum in the amount of five percent of the current assessed value of the property; plus other costs and surcharges, if any.  The Finance Director will be responsible for submitting to the County Legislature a resolution authorizing the redemption of such foreclosed property prior to public sale.

    Ms. Kiefer said she disagrees with the proposed amendment as she feels it should only apply to owner-occupied properties.  Mr. Squires feels the policy should treat everyone equal.  Mr. Lane said the purpose of the policy is to recover the costs for taxes and administrative expenses.  Ms. Herrera spoke in favor of the policy and appreciates the fact that this could help those people who get into a bind.  Mr. Lane said he favors having a penalty as it will prevent some people from waiting until the last minute to pay.  Mr. Winch agreed with Mr. Lane and feels it is appropriate to charge a penalty.  Ms. Kiefer said she does not support the five percent penalty being charged for owner-occupied properties.  Mr. Squires said the policy is intended to penalize the people who do not want to pay their taxes. 

    Following further discussion, it was the consensus of the Committee to postpone discussion until the next meeting.

2004 Meeting Schedule

    The Committee agreed to move the location of their meetings to the Courthouse Conference Room as the meetings will likely last 2.5 hours and conflicts with PUSHBACK which meets at 4:00 p.m. in the Scott Heyman Conference Room.

Adjournment

    The meeting adjourned at 4:30 p.m.

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