MINUTES
GOVERNMENT OPERATIONS COMMITTEE
MARCH 16, 2005 2:30 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present: M. Lane, Chair; K. Herrera; D. Booth; D. Kiefer (arrived at 3:05 p.m.)
Excused: G. Totman
Staff: J. Steiner, Library Director;
S. Whicher, County Administrator; D. Squires, Finance Director; C. Nelson,
Public Works Administrator; E. Marx, Deputy County Administrator/Planning
Commissioner; W. Skinner, Public Information; J. Wood, County Attorney; K.
Borgella, Planning Department; A. Fitzpatrick, Personnel Commissioner; J.
Franklin, Assessment Department; E. Cree, Elections Commissioner; S. Dewitt,
Elections Commissioner
Guests: Rich Couch, Citizen
Called to Order
The meeting was called to order at 2:35 p.m.
Changes to Agenda
The resolution entitled Authorizing Municipal Electric
and Gas Alliance to Extend the Contract for the Purchase of Natural Gas on
Behalf of the County and Authorizing the Inclusion of Any Political Subdivision
within the State to Participate was added to the agenda.
County Administration
Proposal for creating a Planning/Public Works Commissioner position
Mr. Whicher noted information relating to this proposal
has been distributed. He addressed some of the questions raised concerning
how management issues are being handled and because of the engineering positions
in Highway whether there should be a professional engineer in charge of Public
Works. The issues that have occurred in public works have not been
related to engineering; and therefore does not believe a professional engineer
is necessary.
Mr. Marx spoke about the information he prepared and feels
a Deputy County Administrator cannot appropriately address the problems and
make decisions as they come up on a regular basis. The relationship between
Planning and Public Works will only work if there is someone with overall
responsibility for coordinating and directing. Some examples
of this working relationship include impacts on land use, bicyclists, etc.
as they relate to proposed highway projects.
Ms. Herrera said the more she has looked into this, the
more she understands the interface with planning would be beneficial to public
works and realizes it is a flexible and responsive way to go. She understands
that a prediction cannot be made on the future, but has seen some decisions
made in the best interest of the County and supports this proposal.
Mr. Booth said it would be preferable to have two full-time
commissioners if resources were available, but feels this is a reasonable
compromise. When the proposal was first introduced, he felt the Public
Works Commissioner position should be held by a professional engineer; however,
there has been very positive feedback that that is not necessary. He
suggests the cabinet continue as it works well. It is also his opinion that
there will be a need for the Commissioner to have physical space at the Public
Works site.
Mr. Lane said he is still undecided about this issue and
at this time supports a fulltime Planning Commissioner and continuing with
the cabinet structure. He has not been convinced the cabinet structure
is not working. At the time the cabinet was formed, the Division managers
really stepped up to the plate. He is concerned that the Planning Department
may not do as much as it should be or have the attention it should have.
Mr. Marx stated that it is his opinion that as Planning
Commissioner there would be the need for a Public Works Commissioner. Public
works is too big an area of government not to have the fulltime attention
of one of the highest level executives within a county government structure.
Mr. Booth said that as previously stated, the Highway
Division is the biggest and most complex division in the public works organization.
The Highway Manager as it is currently designed is responsible for four areas
of skill:
1. Managing crews;
2. Technical;
3. Personnel and administration; and
4. Public outreach
Mr. Booth also feels that if there was ever an emergency situation, the Public
Works Commissioner would be crucial because the crews would need to work
in a coordinated way.
At this time, the Committee discussed the next steps in
this process. It was felt that appropriate legislation be drafted and
circulated to the Legislature. As this proposal requires review and
consideration by four separate Committees, it was felt that rather than going
through the normal committee process, the proposal should be presented to
the Legislature.
Report from the County Administrator
Mr. Whicher said he did not have a report.
Report from the Finance Director
Mr. Squires reported the Assessment Department is being
required to convert their database to a higher level version and as a result
of that action and to accommodate the system, he is updating the software
in his department to a higher level version for tax collection.
Mr. Whicher spoke about the Indian Land Claim Mr. Lane
reported on at the last Legislative meeting and asked where he could get
more information. He said he is a taxpayer that has property right
on the line identified in the lawsuit and would like to know where he can
obtain a map. Mr. Lane said information is available on website: www.onondaganation.org;
however, a survey has not been conducted yet. There is also a book
by Glenn Norris that talks about the old Indian trails. Mr. Lane asked
the County Attorney to look into this issue and see what other counties are
doing in response to Indian Land claims.
Ms. Kiefer arrived at this time.
County Attorney
Report
Mr. Wood said there will be some renovations taking place
in Administration and the County Attorney's office. He commented that
no new funds will be needed for this project.
Resolution - Municipal Electric and Gas Alliance
It was MOVED by Mr. Booth, seconded by Ms. Herrera, 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 MUNICIPAL
ELECTRIC AND GAS ALLIANCE TO EXTEND THE CONTRACT FOR THE PURCHASE OF NATURAL
GAS ON BEHALF OF THE COUNTY AND AUTHORIZING THE INCLUSION OF ANY POLITICAL
SUBDIVISION WITHIN THE STATE TO PARTICIPATE
WHEREAS, the County currently receives natural gas
from NYSEG Solutions through a contract obtained pursuant to a bid by the
Municipal Electric and Gas Alliance (“MEGA”), and
WHEREAS, the contract will terminate in October 2005 if MEGA does not exercise the renewal option, and
WHEREAS, Section 408-a of the County Law authorizes the
County to include in any purchase contract awarded to the lowest responsible
bidder, authorization permitting any political subdivision in the State to
participate, and
WHEREAS, the County desires the continued participation
of other political subdivisions in the natural gas contract, and
WHEREAS, rules regarding the terms by which other political
subdivisions participate have been established and will be reflected in the
contract, now therefore be it
RESOLVED, That MEGA is hereby authorized to exercise the
option to extend the contract for natural gas which was based on public bidding
on behalf of Tompkins County,
RESOLVED, further, That all political subdivisions within
the State are authorized to participate in the contract.
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Transfer of Property
Mr. Wood said he is not prepared for the Committee to
take action on this item as Ms. Borgella is in the process of preparing the
Environmental Assessment Form. When the form is complete it will be
presented along with a resolution for consideration. Ms. Borgella
stated that over the last couple of years, staff has been discussing land
transactions that are based on foreclosure versus lands the County has owned
for many years. Staff has been presenting property foreclosures to
the Government Operations Committee and any surplus parcels have been discussed
at the Planning, Development and Environmental Quality Committee (PDEQ).
She intended to present this item to PDEQ as the committee assignments this
year have land management reporting to that Committee. She asked the
Committee how it wished to proceed. Following a brief discussion, it
was felt the current process should remain as explained by Ms. Borgella.
Quitclaim Deed - Town of Caroline parcel
Mr. Wood said a quitclaim deed is necessary to clear up
an error made on parcel 33-1-21.2 in the Town of Caroline. The 1933
tax foreclosure deed to the County apparently was a result of an erroneous
tax lien ordered expunged in 1952 but never re-conveyed.
It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and
unanimously adopted by voice vote by members present, to authorize the County
Administrator, or designee, to sign the quitclaim deed.
Tompkins County Public Library
Resolution
Mr. Lane said he prepared a draft resolution similar to
the 1999 resolution adopted by the Legislature for the Committee to consider.
Following discussion the suggested changes by Ms. Kiefer were accepted and
are reflected in the resolution below. Ms. Herrera said she will support
the resolution as revised as a public record will show the County's support
of funding for the library. Mr. Whicher said there has been a
request that this resolution be presented to the Budget and Capital Committee
as well. It was MOVED by Mr. Booth, 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. - CLARIFICATION OF RESPONSIBILITY FOR LEGISLATURE SUPPORT FOR LIBRARY EXPENSES
WHEREAS, as previously stated in Resolution No. 116 of
1999, the Tompkins County Legislature recognizes the importance of its library
for County residents from all areas and all walks of life, and
WHEREAS, the Tompkins County Legislature understands and
supports the needs of the Tompkins County Public Library, and
WHEREAS, the Tompkins County Legislature will strive to
support those needs within the County's budgetary constraints from year to
year, and
WHEREAS, the Tompkins County Public Library is moving
to obtain new revenue sources to restore and enhance services, and
WHEREAS, concern that such new resources may be compromised unless the County
clarifies that such additional revenue will not result in a lowering of allocations
for the Library currently provided by the County, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the Tompkins County Legislature reaffirms its responsibility
to provide operating funds for the Library and to maintain its facility for
what is considered to be basic services, to the best of the County's ability,
RESOLVED, further, That the Tompkins County Legislature recognizes that these
new revenue sources are not intended to replace County-supported basic operating
funds for the Library.
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Reports
Ms. Steiner updated the Committee on the reports being
made publicly concerning the school district ballot proposal and said there
has been a huge "snowballing" affect of negativity for this proposition.
She will be working with the Library Trustees to decide how to adequately
and effectively address the issues.
She reminded the Committee that she will provide a copy
of the cell phone policy as requested at the last meeting.
Mr. Lane said he was surprised to hear reports that the
Lansing Reading Center may be seeking to become a library. Ms. Steiner
said at the time the school district ballot proposal was being considered,
a meeting was held to discuss how the proposal could possibly help them and
provide additional funding. At that meeting, it was stated that they
were comfortable and did not want to grow, and now they are saying they have
changed their mind and want to become a chartered library. Two years
ago, the Reading Center would not have been able to become a chartered library
because it was within the County's Library chartered service area.
This year, library representatives at the State level are saying that it
is now possible.
2005 Foreclosure Report
Ms. Borgella said there are only eleven parcels on the
foreclosure list. She spoke about one parcel of interest in the Town
of Newfield. The vacant property is a 6.74-acre wooded parcel and is
steep and in her opinion landlocked. The parcel is in the Natural Features
Focus Area identified in the Tompkins County Comprehensive Plan, is part
of the Auger Hole Unique Natural Area, is part of the Connecticut Hill Important
Bird Area, and it also abuts a tributary to Pony Hollow Creek and Cliffside
State Forest. The Department of Environmental Conservation (DEC) is
very interested in this parcel to add it to the State Forest.
Ms. Borgella recommended the Committee approve foreclosing on this property,
but withhold it for a year or two to give DEC time to acquire the land.
Mr. Squires reminded members that when the County forecloses, but does not
sell, the County is required to pay the taxes to the appropriate municipality
and school district.
Mr. Lane asked if any contact was made concerning the Town of Danby parcel
owned by Delta Kappa Fraternity. Mr. Squires said attempts have been
made, but the problem is there is no such organization. The address
is a gentleman's post office box in New Jersey and the mail was returned
stating "no longer in use".
Mr. Squires commented that he anticipates the bank to pay the amount due
by the end of the month on the Morton Avenue property in the Town of Groton.
Mr. Lane disclosed that he has done legal work for the Moore family in the
past. He said he has made contact with them and sent information.
County Administration
Deputy County Administrator Position Request
Mr. Whicher said he is comfortable with his proposal to
fill the Deputy County Administrator position and is ready to move forward.
He presented a preliminary recruitment plan and will be putting together
a performance expectation plan as the next step.
It was MOVED by Mr. Booth, seconded by Ms. Kiefer, to
approve the request to fill the Deputy County Administrator position as presented.
Ms. Herrera stated that it was with great interest that she reviewed the
proposal and was pleased with the thoroughness. She feels the proposal
is a good template to model inclusion in a job description and feels the
preliminary recruitment plan addresses important areas. However, following
the discussion at the Legislature's meeting last evening, she was not satisfied
with the response concerning the proposed resolution on diversity plans.
She supports the position of Deputy County Administrator and feels Mr. Whicher's
proposal is admirable; however, until the Legislature provides what she considers
satisfying leadership, she will not be supporting any position requests to
be filled.
A voice vote resulted as follows on the request to fill
the position of Deputy County Administrator as presented: Ayes - 3
(Legislators Lane, Booth, and Kiefer); Noes - 1 (Legislator Herrera); Excused
-1 (Legislator Totman). MOTION CARRIED.
Administrative Manual Policies
01-32 - Designation of County Space/Item
Ms. Kiefer said she had submitted recommended changes
previously and would like to have the Committee review them before considering
this policy. Mr. Lane suggested and the Committee agreed to put this
item on the agenda for the next meeting to give members time to review Ms.
Kiefer's changes.
01-34 - Allocation of Space in County Buildings
Ms. Kiefer reviewed changes she asked the Committee to
consider and following a brief discussion, the Committee agreed to the changes.
It was the consensus of the Committee, to approve the policy with the recommended
changes offered by Ms. Kiefer when presented to the Legislature.
Proposed Airport Travel Policy
Mr. Lane said Chair Joseph asked that the Government Operations
Committee look into developing a policy that would encourage County employees
to use the Ithaca Tompkins Regional Airport when traveling on County business.
Mr. Whicher spoke about his experience as well as that
of other employees. Mr. Marx said information is being collected on
this issue. Discussion concerning guidelines followed and it was felt
that should be pursued.
Mr. Lane said he attended a meeting at TC3 recently and
raised the subject of encouraging more use of the Ithaca Tompkins Regional
Airport. He asked at the meeting where the information on air travel
sponsored by the College is originating from and was told that information
did not exist. He feels there is a public relations problem and that
it probably needs to be addressed at the County level. Mr. Marx said
there has been a huge effort by Cornell University to encourage their people
to use the Airport. The private business community is doing the same
and he agreed the County should follow.
Ms. Herrera also spoke about her experiences with the
County Airport and said the average working individual is not able to shop
around for the best-priced tickets.
Assessment Department
Veteran's Exemption
Mr. Franklin reported on the Veteran's exemption and said
the County is not at the maximum level. The State allows a County to
adopt a basic exemption from $3,000 to $27,000 or fifteen percent, whichever
is less. A chart showing the exemptions by municipality was distributed
to members at a previous meeting. He said the County is currently at
$9,000 and has been at that level for many years. The County could
adopt any exemption up to $27,000.
The Committee requested to revisit this exemption at the
next meeting and asked that the number of people taking advantage of the
benefit be looked at and made available. Mr. Lane also requested this
information be shared with municipalities.
Resolution
It was MOVED by Mr. Booth, 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. – APPOINTMENT OF
TEMPORARY BOARD OF ASSESSMENTREVIEW 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, Michael Cannon, 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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Board of Elections
Election Equipment Update
Mr. Dewitt distributed information pertaining to election
equipment and reported New York City Board of Elections has started a study
on what the costs would be associated with different types of voting machines.
This process for trying to determine the cost is difficult because the equipment
is new and has never been used. He briefly reviewed the cost estimation
charts for Tompkins County based on the numbers provided by New York City.
Ms. Cree said a Voting Machine Committee consisting of
various Election Commissioners is meeting in Albany tomorrow and will try
to get answers to the questions being raised.
Further discussion followed and Mr. Lane felt it would
be appropriate to share any pertinent information with the local State representatives.
Information relating to the costs associated with decentralizing
and centralizing electronic voting machines was distributed and reviewed
at this time. A questionnaire with five categories was sent to all
municipalities to determine their expenses. The information was compiled
and a summary prepared showing the total costs being very similar based on
known information. The Election Commissioners support centralization
as it would provide one central, secure, climate-controlled location for
storage, maintenance, and programming of all the new electronic voting machines
and would ensure integrity, security, and accuracy of the election process.
Ms. Kiefer noted that all municipalities were surveyed and all but one responded.
Mr. Lane feels the information on cost comparisons should
be shared with the municipalities and the local State representatives.
Ms. Kiefer asked that this information also be sent to New York State Association
of Counties.
Approval of Minutes
It was MOVED by Ms. Herrera, seconded by Mr. Booth, and
unanimously adopted by voice vote by members present, to approve the minutes
of the February 16, 2005, as corrected.
Consumer and Community Affairs Committee's Activities - 2004
Ms. Kiefer reviewed the 2004 goals of the Consumer and
Community Affairs (CCA) Committee and provided an update on the activities,
noting that much of CCA's responsibilities are back in this Committee's list
of responsibilities. She pointed out that Tompkins County Public Library
and elections equipment and compliance with HAVA have already been on the
agenda.
She raised a concern about Weights and Measures and said
new stores have opened and new devices have been added. The one staff
person in the Department is barely able to keep up with inspections and feels
this Committee should inquiry. The one area that is not being done
is the inspection of packages which is a revenue-generating area of the program.
In the County Clerk's Department, one topic to be discussed
further is the question of putting data on the Internet. The CCA Committee
agreed last year to let the County Clerk respond to its professional customers
and allow them access by paying a fee and having a password. The Information
Technology Services Department could not safeguard privacy issues if the
general public was granted access. This item will need to be addressed
this year.
Other areas that will need to be discussed and addressed
this year include utility charges and agencies such as Cooperative Extension,
History Center, Tompkins Community Action.
Adjournment
The meeting adjourned at 5:00 p.m.
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