MINUTES
GOVERNMENT OPERATIONS COMMITTEE
APRIL 15, 2004
2:00 P.M.
COURTHOUSE CONFERENCE ROOM
Present: M. Lane, Chair; N. Schuler; K. Herrera; D. Winch; D. Kiefer (arrived at 2:05 p.m.)
Staff: D. Squires, Finance Director;
J. Wood, County Attorney; N. Jayne, Administration; J. Franklin, Assessment;
V. Coggin, Assessment Director; S. Whicher, County Administrator
Guests: T. Todd, County Legislator; A. Tutino, Ithaca Journal Reporter
Called to Order
The meeting was called to order at 2:00 p.m.
Approval of Minutes
It was MOVED by Mr. Winch, seconded by Ms. Schuler, and
unanimously adopted by voice vote by members present, to approve the minutes
of the March 18th meeting as submitted.
Mr. Lane reported that he requested Mrs. Covert to begin
excerpting from the Committee minutes into a report the discussions held
concerning a County Executive form of government.
Discussion - County Executive
Fieldtrip to Chemung County
Mr. Lane asked Administration to schedule a trip to Chemung
County to meet with various officials to discuss their form of government.
Below is list of some of the officials in Chemung County; Mr. Lane hopes
to meet with as many of them as possible:
County Executive
Deputy County Executive
Chair of the Legislature
Majority Leader
Minority Leader
At this time, the Committee discussed possible dates for
the fieldtrip and proposed the mornings of May 7, May 10, or May 11.
Ms. Jayne said she would contact Chemung County to see if the dates were
acceptable and report back.
Ms. Kiefer arrived at this time.
Discussion with Legislator Todd
Mr. Lane said he invited Legislator Todd to the meeting
to allow him to explain his feelings and opinions about a County Executive
position.
Mr. Todd reported on his visit with the Chemung County
Executive and said he found it to be very interesting. Mr. Santulli
is the second County Executive in that County in the last ten years approximately;
serving as the assistant to the first Executive.
He presented the Committee with several points for considering
a County Executive form of government. He explained the procedure for
creating a County Executive position is fairly complicated and would require
the County Legislature to vote to have it on the ballot in November for the
people of the County to decide.
Mr. Todd stated County government is the only form of
government that does not have an executive. All other levels of government
including the city, villages, and towns have executive officers elected by
those populations in those particular districts. One reason he supports
a County Executive position is that the County has a budget of more than
$100,000 million and feels there should be someone who is held responsible
to all the people in the County.
Mr. Todd spoke about the budget process in Chemung County
and said there are procedures in place for line item vetoing for the Executive
and overriding provisions for the Legislature. He feels a legislature
should set policy and that it’s the executive's responsibility for the management
of the budget and execution of legislative policy.
Mr. Todd reiterated his belief that it is the responsibility
of the Tompkins County Legislature to place this decision on the ballot in
November for the voters of the County to decide on the form of government
and hopes the Committee will make that recommendation.
Mr. Lane asked what changed Legislator Todd's opinion
as he recalls in 1995, the Charter Review Committee with Legislator Todd
serving as one of its members, voted unanimously to maintain the current
form of government. Mr. Todd said the reason for changing his mind
is because of the budget over the last couple of years. He does not
believe the County Legislature will regain control of the budget without
an elected County Executive. Mr. Lane asked if one area the Committee
should be examining is the control of the budget in other counties with County
Executives versus County Administrators; Mr. Todd agreed with this suggestion.
Mr. Lane commented on a statement made by Mr. Todd in
that he does not feel the towns and villages are a comparison as mayors and
supervisors are only one vote on the council or board.
Ms. Herrera said she would like to continue studying this
issue; however, she asked if it was possible for individuals to file a petition
for referendum requesting this issue be placed on the ballot. Mr. Wood
stated this law is subject to mandatory referendum regardless not requiring
a petition.
Mr. Squires stated that it is his opinion based on experience
that a County Executive system would diminish the role of the Legislature.
He feels it would become more partisan and be similar to State Governor where
things get done in caucus. He spoke about the additional costs of an
County Executive form of government and said Putnam County's Legislature
hired a consultant to analyze their budget as did Dutchess County.
Some counties with County Executives also have elected comptrollers to separate
out executive power from paying bills to be reviewed by an independent auditor.
He said too with a line-item veto procedure, a two-thirds majority is often
required by the Legislature to overturn and is then put in a position of
raising taxes.
Mr. Todd again stated his opinion that he hopes the Legislature
will vote to put this item on the ballot in November as he feels the budget
will not be under control with the present system. Ms. Kiefer feels
the budget is under control; it is the increase in the tax rate that is not.
Mr. Wood distributed copies of an outline on the timetable
for adopting a local law to place this on the ballot as it requires a Charter
amendment.
Changes to Agenda
A report from the Communications Capital Projects Committee was added to the agenda.
Assessment Department
Options for Assessment Administration Program
Ms. Coggin presented the Committee with options in lieu
of annual assessments. She hoped the scenarios presented will assist
the Committee in its discussions for deciding which direction to recommend
to the Legislature. The Department's work begins July 1. If the
County were to choose another form of assessment, the Department would need
time to make administrative adjustments. Three scenarios were presented:
Annual reassessment (current practice), cyclical revaluation 3-5 years, and
cyclical revaluation every 10 years. As the Assessor of the County,
she is committed to deliver the best and most equitable program for the residents
of the County and said the current program is the one that can deliver an
equitable assessment roll each year.
She believes that people are beginning to understand the
current assessment program is equitable in that properties are being assessed
100 percent market value annually. At this time, Ms. Coggin reviewed
the scenarios presented to Committee. She said if the current system
were continued, additional staff would be needed. The Department is
waiting to hear if the annual reassessment maintenance funding from the State
is ongoing beyond the sunset date of 2004. If the County were
to change to a program other than annual assessment, the State funding would
no longer be available.
Ms. Kiefer said she is not surprised to hear the need
for additional staff if the County continued the current system since the
staffing level was reduced beyond what is needed. In response to Ms.
Kiefer's question, Ms. Coggin said with the cyclical alternatives, assessments
cannot be done on a rolling average concept. According to Real Property
Tax Law, properties must be assessed at equal percentage of value each year.
If the Assessment Department were to use an averaging system, the equalization
rate would change and it is likely the lower priced properties would carry
the burden. Mr. Franklin said when the equalization rate falls below
100 percent, the County would be relying on the State to determine the full
value of the property and the State survey is usually two years behind.
Ms. Herrera spoke as a working person and said there is
a lot of resentment regardless of how committed people are to understand
the theory behind the assessment. She said people may understand, but
they still do not agree with it and has heard many comments from her constituents
about the rising assessments. Before she makes a decision on the direction
to recommend for assessment, she would like more information from the State
on the maintenance program, and the impact on staff.
Mr. Lane said he agrees with Ms. Herrera's comments and
that people still see the connection between taxes and assessments.
He suggested the County take a break from annual assessments and begin a
three-year plan. He spoke about the Town of Dryden's experience with
assessments in 2000 and said that municipality was hit hard at that time.
Ms. Kiefer said she does not support Mr. Lane's recommendation
of three-years as she feels annual assessments make Tompkins County special.
She believes there is going to be an upturn in the economy and inflation.
Mr. Whicher feels that if the County were to shift to
a three-year cycle, there would be a loss of revenue from the State and cost
the taxpayers more in the years 2005 and 2006. Mr. Winch said he would
like to see this information in the format of a graph.
Mr. Lane said if the three-year system was adopted, the
next assessment would be done in 2007. He noted assessments would continue
on new construction and there would be less litigation.
Mr. Franklin referred to Real Property Tax Law Section
305 that states all property must be assessed each year at a uniform percent
of value. Although, he commented that this law is not necessarily enforced
in New York State he felt it was important to mention.
Ms. Herrera said she would like to have information showing
a 3-5 year change in assessments, i.e., the Fall Creek area. Mr. Franklin
said he would do a financial analysis showing the comparisons of doing assessments
and not doing them from 2001-2004. Ms. Herrera said if it is possible
she would also like to have projections as well.
Mr. Lane said he will ask the County Attorney to draft
the appropriate legislation for the Committee to consider at the next meeting
that recommends a three-year assessment system.
Human Rights Commission
Appointment
It was MOVED by Ms. Schuler, seconded by Mr. Winch, and
unanimously adopted by voice vote by members present (Ms. Herrera was temporarily
out of the room), to submit the following appointment to the full Legislature
for approval:
Board of Human Rights Commissioners
Josephine Carcich - term expires December 31, 2006
Report from the Finance Director
Mr. Squires updated the Committee on the foreclosed properties
in the Jacksonville area and asked if the Committee wished to include the
properties in the auction. Following a visit to the properties, he
reported they are unoccupied. Questions were raised concerning the
septic systems and Mr. Squires learned the septic system is located on one
of the adjacent properties and that the adjacent homeowners have expressed
interest in purchasing the two parcels. Mr. Squires encouraged the
Committee to auction the two properties.
Following a brief discussion, it was MOVED by Mr. Winch,
seconded by Ms. Herrera, and unanimously adopted by voice vote, to authorize
Mr. Squires to auction the two Jacksonville properties.
Mr. Squires provided a brief update on the other foreclosed
properties and said the list also includes City properties.
He reported on the situation with the tax collection in
the Town of Caroline. The Town has a new Clerk, but is receiving assistance
from the Town of Danby. The installment return from the Town of Caroline
was received yesterday whereas other towns returned their installments in
early February. He said there may be some questions raised by residents,
but that the Town of Danby is assisting.
Report from the County Administrator
Mr. Whicher said a question was raised at the Communications
Capital Projects Committee concerning the County's contract process and asked
if the appropriate program committee could review the policies pertaining
to the contract process. The Committee agreed to review the policy
at the next meeting.
Report from the County Attorney
Mr. Wood said he did not have a report.
Report from the Chair
Mr. Lane reported Legislator Robertson has requested this
Committee review the roles of liaisons. Following a brief discussion,
the Committee agreed to invite Ms. Robertson in to discuss this subject.
Mr. Winch was excused at 3:55 p.m.
Annual Financial Disclosure Forms
This item was postponed.
Adjournment
The meeting adjourned at 3:56 p.m.
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