MINUTES
GOVERNMENT OPERATIONS COMMITTEE
MARCH 18, 2004
2:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present: M. Lane, Chair; D. Kiefer; D. Winch; N. Schuler; K. Herrera
Staff: S. Whicher, County Administrator; D.
Squires, Finance Director; B. Wilson, County Attorney's Office; J. Wood,
County Attorney; K. Borgella, Planning; V. Coggin, Assessment Director
Guests: T. Price, Former Cortland County Legislator; Ithaca Journal Reporter
Called to Order
The meeting was called to order at 2:03 p.m.
Approval of Minutes
It was MOVED by Ms. Herrera, seconded by Mr. Winch, and
unanimously adopted by voice vote, to approve the minutes of the February
19, 2004 meeting as amended.
Planning Department
2004 Foreclosure Report
Ms. Borgella provided the Committee with an update to
the Foreclosure report presented with the agenda. She followed up with
Dick Coogan, Town of Ulysses Deputy Supervisor and an active member of the
Jacksonville Community Association, and Doug Austic, Town of Ulysses Supervisor,
concerning the two parcels in the center of Jacksonville and stated they
are not interested in owning the parcels.
Ms. Kiefer expressed her concern with taking title for
the two parcels in Jacksonville as she feels there is a potential liability
to the County from groundwater contamination as referenced in the 2004 Foreclosure
report. Mr. Squires noted that if the County does not take title to
the properties, the County will be required to pay the taxes to the Village
and school district. He also commented that the County has a history
of selling all property at its auctions and that this property now has access
to public water. Ms. Herrera asked what the liability was to
the County if the property was contaminated and foreclosed upon. Mr.
Wood said under Federal law (CERCLA) there is an exemption for County's taking
properties pursuant to foreclosure but under State Navigation Law there is
not. The County taking property could potentially be liable under State
law.
Mr. Winch asked if the protected stream identified on
Peruville Road was large enough to be considered by the Department of Conservation
for use as a fishing access point. Ms. Borgella did not feel the stream
was large enough.
Further discussion followed on the properties in the Jacksonville
area and a question concerning the residence being occupied. Ms. Borgella
stated that according to the County Clerk's office, the properties are unoccupied.
It was felt that a visit should be made to these properties to confirm the
residences are unoccupied.
Ms. Borgella updated the Committee on the owner-occupied
property on Spencer Road in the Town of Danby and Highway Manager Peter Messmer
has reported that safety issues have not been raised with this intersection.
Mr. Messmer indicated that if there is an opportunity to improve safety,
he would if necessary conduct a study to see if a realignment is necessary.
Mr. Squires said he has been unsuccessful with contacting the appropriate
Social Services staff about this property, but feels the Department will
handle the situation.
Discussion followed concerning the property in the Town
of Enfield on Black Oak Road and the number of contacts that have been made
both by staff and Legislator Herrera.
The Committee also discussed the property in the Town
of Dryden on Lower Creek Road. Mr. Squires noted there are students
currently living there and paying rent, but he does not feel it is a concern
for the County. He informed the students the property is likely to
be auctioned and that they should be aware of their rights.
Ms. Kiefer asked if the County has the authority to include
stream protection restrictions in deeds before going to auction if policy
changes were made in the future to include buffer protections for streams.
Mr. Wilson said the County would have to acquire the title to the property
before going to auction.
Ms. Kiefer said she would like to see the two properties
in Jacksonville withheld from the auction this year and ask the Assessment
Department to revisit the value of said properties because of possible contamination.
Following further discussion, it was MOVED by Ms. Herrera, seconded by Ms.
Kiefer, to withdraw the two properties in Jacksonville from the foreclosure
list for one year for further investigation. A voice vote resulted
as follows: Ayes - 4, Noes - 1 (Winch). MOTION CARRIED.
Finance Department
Policy Revisions - Foreclosure Sales
Mr. Lane said the discussion and decision the Committee
needs to consider is what should the procedure be to withdraw property after
it has been sent to an auctioneer. Mr. Squires said the purpose of
the proposed policy revision is to include a surcharge for those properties
being redeemed in the foreclosure process. He distributed copies and
reviewed the alternative proposal based on the discussion held at the last
Committee meeting. The difference in the alternative proposal is a
surcharge would not be imposed on the class of residential owner-occupied
properties unless the County acquired the deed. Generally, the County
acquires deeds one to two weeks prior to the auction. Ms. Kiefer thanked
Mr. Squires for revising the proposal that addresses owner-occupied properties.
However, she expressed concern that the five percent surcharge could make
an installment agreement not possible for some property owners. Mr.
Squires feels that would rarely happen with property owners that have not
come forward by the time the foreclosure list is approved.
It was MOVED by Ms. Kiefer, seconded by Ms. Herrera, and
unanimously adopted by voice vote, to approve the following proposal:
27. Redemption of Foreclosed Property Prior to Sale
It is the policy of the Tompkins County Legislature
to allow owner occupied residential property owners to redeem their property
from foreclosure action after the expiration of the redemption period and
up to the day preceding the foreclosure action. The County Finance
Director is expected to work with such owner to arrive at a schedule for
paying off all taxes, penalties, interest, and fees due and is authorized
to impose a redemption surcharge of 5% of the current assessed value of the
property if the redemption occurs after the County has submitted the foreclosure
judgment to the court. An additional charge of an amount equal to 10
% of the outstanding taxes will be added to the cost of redemption if the
property has been turned over to the County's auctioneer.
The following provisions will apply to all other properties in foreclosure:
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 10% 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 5% 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 the public sale.
The Committee suggested County Administrator be changed to Finance Director throughout the policy.
Ms. Borgella asked for clarification on the Spencer Road
property in the Town of Danby and whether the Committee wanted to send it
to auction or hold it for one year for an analysis by the Highway Division.
The Committee indicated it was not interested in having a highway study conducted.
Assessment
Evaluation Options
Ms. Coggin distributed copies of scenarios concerning
future options for an Assessment Administration Program. She will have
additional information including the costs for each option at the next meeting
for the Committee to discuss and consider.
Mr. Lane reported that 1998-99 County Board resolutions
state after 10 years, we would go to a four-year assessment. Mr. Whicher
noted this was superseded by the Charter change.
County Executive Discussion
Mrs. Covert provided the following list of counties that
submitted Charters and Administrative policies and codes: Albany, Broome,
Chautauqua, Oneida, Onondaga, Orange, and Rensslaer. She noted that
Ulster County is also considering a change from a County Administrator form
of government to County Executive.
Mr. Lane said he invited Sandy Price, former Cortland
County Legislative Chair, to the meeting to explain their process for considering
the creation of a County Administrator/Manager and County Executive position
in their County.
Ms. Price provided the Committee with some background
information. The Cortland County Chair appointed an ad hoc committee
and the charge was to study the feasibility of a County Managerial position.
Many meetings were held with business leaders, educational representatives,
general public, and other legislators. The Committee visited several
counties including Tioga, Chemung, Tompkins, Chenango, Madison, and Cayuga.
In the discussions held, it became more desirable to have a County Administrator
or Manager than a County Executive for two reasons: experience of others
and theory. The ad hoc committee recommended Cortland County consider
the creation of a County Manager position as it felt there would be a better
working relationship and accountability.
She spoke briefly about the strategic planning meetings
Cortland County Legislators hold at TC3. She said ten key items are
identified and then narrowed down to five that will be dealt with during
their term of office.
Further discussion followed on the report of the ad hoc
committee. Ms. Price explained the changes that were made when the
County Manager was hired including the reduction in the number of committee
meetings and Legislative meetings and the amount of time spent in meetings.
In addition, all items approved in the budget are handled by the County Manager.
The most useful part of the investigation was the visits to other counties
and a staff person taking minutes. Ms. Price reviewed some of the areas
that were transferred from committees to the County Manager including filling
positions, equipment purchases, day-to-day decisions, etc. Cortland
County has a part-time auditor who puts a tentative budget together.
Committee members requested copies of the ad hoc committee's
report and minutes from the visits to other counties and Ms. Price agreed
to provide them. The Committee also agreed to maintain a file in the
Legislature's office of all the material received from other counties for
members to review at their leisure.
At this time, Mr. Lane asked the Committee what direction
it would like to pursue such as inviting County Executives to committee meetings
and/or visiting other counties as Cortland County did. Mr. Lane said
he supports the idea of visiting other counties such as Chemung, Broome,
and Onondaga as he feels the chances of meeting with appropriate representatives
would be greater than inviting them to Tompkins County. Ms. Kiefer
thinks Onondaga is too different from Tompkins County to be helpful.
Mr. Lane requested New York State Association of Counties
(NYSAC) be contacted to see if there is a representative that could provide
the Committee with information and/or address some of the issues raised by
the Committee such as a list of counties that are considering a change in
their form of government. Mr. Whicher agreed to talk to Mr. Gregory
of NYSAC to see what resources might be available for the committee.
It was also suggested the Committee talk to Putnam County and Ulster County.
Mr. Winch said he supported the idea of visiting other
counties as suggested above by Mr. Lane. It was felt that the Committee
should meet with both executives and legislators of both parties.
Public Information Report
Mr. Whicher reported on Ms. Skinner's behalf that she
met with Department Heads and gave a presentation concerning public information.
The Department Heads agreed to a monthly show with Casey Stevens on a rotating
basis as well as meeting with Ithaca Journal representatives (editors and
reporters) concerning their roles as Department Heads.
Report from the County Attorney
Mr. Wood said he did not have a report.
Report from County Administrator
Mr. Whicher also said he did not have a report.
Report from the Finance Director
Mr. Squires did not have a report.
Annual Financial Disclosure Form
Ms. Kiefer understands the Annual Financial Disclosure
forms have been sent out by the Clerk but hoped the Committee could consider
the revised form as recommended by the Ethics Advisory Board. She believes
it is too late to substitute the form if approved by the Legislature, but
asked if the Committee would consider suggesting to the Legislature to fill
out the revised form as an exercise and compare it with the current version.
Mr. Wood believes the Committee is not interested in revising
the form but asked if consideration could be given to deleting or changing
question 3b. Investment. He said the question is confusing and is misinterpreted
differently. If an investment creates a conflict of interest, the market
value is irrelevant whether it is $5,000 or $100,000. He said employees
have objected to this question as it identifies their wealth.
Ms. Kiefer said the subcommittee of the Ethics Advisory
Board that met with City representatives discussed this question and agreed
the market value could be deleted but felt it was important for investments
to be identified.
Ms. Kiefer asked the Committee to consider going through
the revised form completely before taking any action. Mr. Winch asked
what the minimum requirements were in State Law. Mr. Wood noted there
are no state standards and that Municipal Law states local governments "may"
file a financial disclosure. Mr. Lane asked Mr. Wood to confirm this
information. Ms. Kiefer said she would invite members of the Ethics
Advisory Board to attend the next meeting if this item was being discussed.
The Committee agreed to include this item on the next agenda for discussion.
Rules for Usage of Conference Rooms
This item was placed on the agenda to address questions
raised about political groups using County-owned conference rooms. Ms. Kiefer
suggested the conference room rules include language that prevents groups
that discriminate from using the conference rooms. Following a brief discussion,
it was the consensus of the Committee to allow any group to use County-owned
conference rooms.
Ms. Herrera was excused at 4:00 p.m.
2004 Goals
No discussion was held on this item.
Adjournment
The meeting adjourned at 4:05 p.m.
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