MINUTES
GOVERNMENT OPERATIONS COMMITTEE
APRIL 10, 2003          2:00 P.M.
SCOTT HEYMAN CONFERENCE ROOM

Present:  M. Koplinka-Loehr, Chair; L. McBean; K. Herrera; T. Todd; M. Lane

Staff:      D. Squires, Finance Director; J. Wood, County Attorney; J. Franklin, Assessment; S. Whicher,
  County Administrator; K. Borgella, Planning Department

Called to Order

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

Changes to Agenda

    The following resolution was withdrawn from the agenda as the Board of Elections reports to the Consumer and Community Affairs Committee this year:

    Appropriation from Contingent Fund - Terminal Pay - Board of Elections

Chair's Report

    Mr. Koplinka-Loehr did not have a report.

Report from the County Attorney

    Mr. Wood said he did not have a report.

Report from the Finance Director

    Mr. Squires reported the auction on foreclosed properties is scheduled for May 17th.  The list of properties will be presented later in the meeting by Katie Borgella of the Planning Department.

    Mr. Squires updated the Committee on the Lakeside Nursing Home financial situation.  The County has notified the State and is trying to get them involved. The Operator of the facility also known as the receiver has no financial requirements to pay bills.  The only responsibility is patient care and the State has indicated all patient care responsibilities are being met and therefore has renewed the receiver for another year.  Mr. Squires said he and County Attorney Wood made a conference call from Assemblywoman Lifton's office to the State Department of Health.  The Department of Health said it will look into the matter and provide a report(s).  The message to the Department of Health was the County is going to proceed with the foreclosing procedures. 

    Mr. Squires said this is a very complicated matter.  The owner of the facility has signed over his license to the receiver but will not sign over his rights to the property.

    Mr. Koplinka-Loehr asked staff to contact him if a special meeting is needed to take some action.  He said the proceedings to foreclose will continue to hopefully force some action. 

    Mr. Whicher said the State Department of Health is due to report back to the County this week concerning the financial issue, but have not responded yet.  Mr. Squires explained the total amount of debt owed and stated taxpayers are currently subsidizing the County's portion: The County's portion of debt is $635,000, recorded liens with IRS is $1,000,000, NYSEG is several hundred dollars, suppliers such as laundry service is hundreds of thousands of dollars. 
    Mr. Lane recommended and the Committee agreed that a press release be prepared to let the public know what is going on. 

    In addition, Mr. Squires reported the County's audit is underway and will be complete in another week. 

Report from the County Administrator

    Mr. Whicher said he is beginning to put together a search team for the Commissioner of Social Services position.  It will be a team of eight people from the following areas:

    Board members (2)
    Department Head (1)
    Human Service Agency (1)
    Community (1)
    DSS Management (1)
    CSEA White Collar (1)
    County Administrator (1)

    Once the membership is finalized, the team will discuss process.  He said there will be surveys for the department and agencies and discuss a focus group for reaching out to the community.  He reminded the Committee the appointment is a County Administrator's appointment subject to confirmation of the Board.  Mr. Whicher said he hopes to have an appointment to submit in October to take effect in November.

Approval of Minutes

    It was MOVED by Ms. Herrera, seconded by Mr. Lane, to approve the minutes of the March 13th meeting as submitted.  A voice vote resulted as follows:  Ayes - 4; Noes - 0; Abstention - 1 (McBean).  MINUTES APPROVED.

Assessment Department

    It was MOVED by Mr. Lane, seconded by Ms. McBean, and unanimously adopted by voice vote, to submit the following resolution to the full Board for approval.  Mr. Franklin clarified that when the parcel was split there was a duplication of taxes paid.

RESOLUTION NO.     - CORRECTION OF TAXES - TOWN OF ULYSSES (34.-3-10.32)


    WHEREAS, this Board is informed that an error has been made in the 2002 tax roll of the Town of Ulysses, namely parcel 34.-3-10.32, assessed to C. Frank Woodard, was erroneously created and parcel is to be expunged, now therefore be it
    RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll of $2,592.55 be expunged,
    RESOLVED, further, That the Town of Ulysses Tax Collector is directed to correct the 2002 tax roll,
    RESOLVED, further, That the following amounts be charged back:
        Town of Ulysses - $215.39
        Tompkins County - $510.52
        Trumansburg School District - $1,815.64
        Solid Waste - $51.00
SEQR ACTION:  TYPE II-20
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2003 Foreclosure Report

    Ms. Borgella reviewed the report of ten parcels subject to foreclosure proceedings.  She said there are two properties the Planning Department recommends foreclosing on but withhold from auction for one year to study the land in more detail and possibly negotiate with State Parks on transfer of the property.    Both parcels are located on West King Road and would allow a link for the Finger Lakes Trail to State Parks.  Mr. Squires noted that if the property is not sold, the County will continue to accrue unpaid taxes.  Mr. Lane spoke about similar situations with parcels.  The County agrees to withhold property to negotiate with other parties which results in property being taken off the tax rolls and quite often the other party negotiates an agreement where the property is sold for less money than what is put into it or even giving it away.  He feels the Committee should discuss this and possibly ask for Payment in Lieu of Taxes in these cases.  Mr. Whicher clarified the parcels are taxable for the current until March 31, 2004 and then can be held as exempt for two years.  This has been built into the law to allow for negotiations. 

    Following further discussion, it was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve the Planning Department's recommendation to withhold the two parcels (1-1-12.21 and 12.25) from auction.

    Ms. Borgella also reported on a parcel identified in the County Land Inventory located in the City of Ithaca known as "Tompkins County Alley".  The parcel has no strategic value to the County to hold onto this land and it is the recommendation of staff including the County Attorney to sell the parcel at auction.  If it does not sell, the recommendation is to negotiate with adjacent landowners to transfer ownership of the property.

    Ms. Borgella briefly reported on the Munson property.  She said there are some potential liability issues.  As the property was a farm for a number of years, there is a lot of debris and old equipment.  However, following a research of the property, she could not find anything substantial indicating any liability.  Mr. Squires feels strongly this property will sell at the auction. 

    It was the consensus of the Committee to accept the report as amended above.

County Attorney

    Report on Reorganization
    Mr. Wood provided background information on the Department's reorganization.  The office reorganized in January 2002.  Prior to that date, the County Attorney handled real estate matters, the Deputy Attorney handled litigation, and the Assistant Attorney handled PINS and juvenile delinquent cases. 

    In January 2002, Mr. Wood, newly appointed County Attorney, transferred real estate matters to Bruce Wilson, Deputy County Attorney, which are similar to the type of cases he handles in his private business.  Mr. Flash, Assistant County Attorney, was assigned to handle juvenile matters and family court which as Assistant District Attorney he handled many cases dealing with young people.  Mr. Wood commented that this seems to be going very well. 

    Review of 2002 Caseloads
    Mr. Wood distributed copies of juvenile delinquent caseload statistics for the years 1999 to present.  Juvenile delinquent cases have significantly increased over the last two years.  He also feels the number of PINS cases are increasing.  There have been 19 PINS filed thus far in 2003 (11 of which are 16 or 17 years of age).  He is concerned that these numbers may become trends and could be difficult for staff at the current level to handle.

    He also reported on other matters.  Last year there were more litigation cases settled than in any other year.  He does not feel more cases were filed, but said it is difficult to provide statistics on these types of cases.   There has also been more property issues handled in the last two years including the relocation of the Department of Transportation, emergency center, Health Department and HIPPA regulations, radio communications system, and an estate settlement. 

    Mr. Koplinka-Loehr asked about the relationship between the County Attorney's office and the Social Services attorneys.  Mr. Wood said the relationship is good.  There are currently a couple of cases both offices are working on together.  He said there are some family court cases where there are different positions or viewpoints, but overall the relationship is very good. 

    Mr. Wood said in many other counties, the Social Services Attorneys are County Attorney employees, but Commissioner Dolan feels very strongly that they remain Social Services employees.  He said at this time he does not have an opinion one way or the other which office the Social Services attorneys should be employed.  It was also felt that a new Commissioner may have different feelings about this and could be discussed at a future meeting.

    Mr. Whicher reported the Ithaca City School District is trying to create a position to help as a liaison for juvenile delinquents, PINS and working relationships with the school.  The Town of Ithaca has $20,000 they are willing to provide for this position.  He believes that after reviewing the numbers provided to Committee, there is a real need for such a position.

    Mr. Wood hopes to collect some revenue for the work done on the estate settlement.  When the estate closes out the executor (David Squires) will request payment both for the executor and attorney fees. 

    Mr. Koplinka-Loehr asked about billable services provided by the County Attorney's office.  Mr. Wood said his preference is not to bill departments.  He feels departments should feel free to contact the Attorney's office if there is a legal question.

County Administration

    It was MOVED by Mr. Lane, seconded by Ms. McBean, and unanimously adopted by voice vote, to submit the following resolution to the full Board for approval: 

RESOLUTION NO.     - APPROVAL OF DESIGNATIONS OF SUCCESSORS

   
 WHEREAS, the County Charter at Section 31.07 specifies that the County Administrator and specified department heads shall designate in writing, and in order of succession, the deputies (or in the absence of officially designated deputies, the employees of the department) who shall possess the powers and perform the duties of the principal in the event of the latter’s absence from the County or inability to perform or exercise the powers of the office, and
WHEREAS, the Charter further requires those designations, except department heads elected on a county-wide basis, to be approved by the Board of Representatives, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the following designations of successors are hereby approved,
RESOLVED, further, That this list is complete and supercedes all previous designations:

Airport Manager                              Assistant Airport Manager
                                                            Airport Terminal Services Coordinator
                                                            Operations Supervisor

County Administrator:                     Deputy County Administrator
                                                             Commissioner of Planning

County Attorney:                             Deputy County Attorney
                                                             Assistant County Attorney

Commissioner of Social                    Director of Eligibility
  Services:                                           Director of Services
                                                             Director of Administrative Services
                                                             Legal Unit Administrator
                   
Director of Emergency                     Administrative Assistant
Response                                           CAD Systems Coordinator
       
Public Health Director:                    Public Health Administrator   
                                                            Director of Patient Services
               
Medical Examiner:                            Deputy Medical Examiner, William Klepack, M.D.
                                                            Deputy Medical Examiner, David Newman, M.D.
                       
Mental Health Commissioner:        Deputy Commissioner Mental Health
                                                            Medical Director
                                                            Director of Mental Health Clinic
                                                            Director of Day Program

Director of Finance:                        Budget and Finance Manager
                                                           Director of Accounting Services

Commissioner of Personnel:        Benefits Manager
                    Personnel Associate

SEQR ACTION:  TYPE II-20
* * * * * * * * *

County Legislature

    Designation of Successors - County Legislators
    Following a brief discussion, it was the consensus of the Committee to recommend the order of succession of County Legislators as follows:

    Chair, Budget and Capital Committee
    Chair, Government Operations Committee
    Chair, Public Safety Committee
    Chair, Facilities and Infrastructure Committee
    Chair, Health and Human Services Committee

    Mrs. Covert agreed to draft a resolution for consideration at the next Committee meeting.

Adjournment

    The meeting adjourned at 3:17 p.m.

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