MINUTES
GOVERNMENT OPERATIONS COMMITTEE
APRIL 20, 2005 2:30 P.M.
SCOTT HEYMAN CONFERENCE ROOM
Present: M. Lane, Chair; G. Totman; D. Kiefer; D. Booth
Excused: K. Luz Herrera
Staff: S. Whicher, County Administrator;
J. Wood, County Attorney; D. Squires, Finance Director; V.
Coggin, Assessment Director; J. Franklin, Assessment; B. Wilson, County Attorney's office; C. Covert, Clerk of the Legislature
Guests: F. Proto, Legislator; M. Robertson, Legislator; Member of the Public
Called to Order
The meeting was called to order at 2:34 p.m.
Changes to Agenda
As Ms. Skinner was unable to attend the meeting, Mr. Lane
asked that the report on Public Information activities be postponed to a
future meeting. At the request of Legislator Proto, Mr. Lane agreed
to add to the agenda a discussion item concerning a voluntary firefighters
tax exemption.
Administrative Manual Policy
01-32 - Designating Name of County Space/Item
Mr. Booth raised questions concerning the procedures and
feels paragraph number two is addressed in paragraph number one.
Mr. Squires reminded the Committee that the County has
provided funding for certain buildings and owns them on paper such as Foodnet
and Tompkins Community Action and could receive a wealthy benefactor.
He questioned how the policy would impact these entities.
Mr. Lane spoke about the TC3 Conference Room at the Airport
and noted that TC3 pays advertising money to the Airport for the privilege
of it being named the TC3 Conference Room and using it for holding classes.
Mr. Booth further discussed paragraph number two and understands
that the basic purpose is the Legislature makes the decision; however, he
feels the paragraph could be deleted.
It was MOVED by Mr. Booth, seconded by Mr. Totman, to amend the policy by
deleting paragraph number two: "Any program or activity that will confer
naming rights based on financial contribution will require approval in advance
from the County Legislature" and add the word "normally" to third bullet
in paragraph number 3 as follows: "Facilities will not
normally be named for commercial enterprises."
Ms. Kiefer opposed deleting the paragraph as she feels
there should be some language that references naming rights based on financial
contribution.
A voice vote on the amendment resulted as follows:
Ayes - 3 (Lane, Booth, and Totman); Noes - 1 (Kiefer); Excused - 1 (Herrera).
AMENDMENT CARRIED.
It was MOVED by Mr. Totman, seconded by Mr. Booth, to
approve policy 01-32 as amended above: Ayes - 3 (Lane, Booth, and Totman);
Noes - 1 (Kiefer); Excused - 1 (Herrera). MOTION CARRIED.
Resolution - Travel Guidelines - Airport
At this time, the Committee reviewed the proposed resolution
establishing guidelines for County employees and vendors using the Ithaca
Tompkins Regional Airport. Mr. Whicher noted that this topic was raised
at the last Department Head meeting and a request was made to include vendors
as well which the resolution reflects. Discussion followed concerning
the dollar amount being proposed as a guideline and Mr. Whicher spoke of
his experiences with the surrounding airports. He feels $200 is an
appropriate amount to use.
It was MOVED by Mr. Booth, seconded by Mr. Totman, and
unanimously adopted by voice vote by members present, to approve and submit
the following resolution to the full Legislature for approval:
RESOLUTION NO. - ESTABLISHING GUIDELINES
FOR USE OF ITHACA TOMPKINS REGIONAL AIRPORT FOR COUNTY EMPLOYEES AND VENDORS
WHEREAS, the Ithaca Tompkins Regional Airport has worked
with the Air Service Task Force, Cornell University, and the private sector
to secure additional commercial air service from a second carrier beginning
May 2, 2005, and
WHEREAS, Tompkins County supports the efforts of this Public-Private partnership, and
WHEREAS, Tompkins County employees and vendors use taxpayers funds for air travel, and
WHEREAS, Tompkins County recognizes the need to establish
guidelines for the use of the Ithaca Tompkins Regional Airport rather than
other regional airports, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That effective immediately, all air travel by County Employees
and/or vendors using a commercial airline to travel on County business and
at County expense shall utilize the Ithaca Tompkins Regional Airport if financially
reasonable and logistically practical,
RESOLVED, further, That travel costs that are within $200
of competing airports shall be considered financially reasonable,
RESOLVED, further, That this amount should be reviewed by the appropriate committee from time-to-time.
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Assessment
Local Law - Providing Unreimbursed, Certain Medical
and Prescription Drug Expenses be Excluded from Income in Determining Senior
Citizens Tax Exemption
Ms. Kiefer said she needs reasonable assurance that there
is a good way to verify legitimacy of the cost. She agrees income tax
forms are fine but it will not cover everyone. Ms. Coggin reminded
the Committee that whatever the Legislature decides on exemptions, it is
her responsibility to implement them. She commented that some exemptions
are difficult to verify as there are no mechanisms in place to capture the
necessary information. Mr. Franklin explained this exemption would
be applicable when determining the income calculation for the senior exemption.
Following a brief discussion and agreement to add language
that this exemption shall sunset after one taxable year, it was MOVED by
Mr. Totman, seconded by Mr. Lane, to approve and submit the following local
law to the full Legislature for consideration. Ms. Kiefer disclosed
that she could personally benefit from this exemption. A voice vote
resulted as follows: Ayes - 3 (Lane, Booth, Totman); Noes - 1 (Kiefer);
Excused - 1 (Herrera). MOTION CARRIED.
A local law providing that unreimbursed, certain medical and prescription
drug expenses be excluded from income in determining senior citizens tax
exemption.
Section 1. A new §150-2.1 shall be added to the Tompkins County Code. That section shall read as follows:
§150-2. Exemption granted.
Pursuant to §467(3)(a) of the Real Property Tax Law the income determination
for the purposes of this article shall be offset by all medical and prescription
drug expenses actually paid which were not reimbursed or paid for by insurance.
The County Assessment Department shall provide appropriate forms and procedures
to implement this subsection of law.
Section 2. This local Law shall take effect upon filing with the Secretary
of State and only be implemented for one taxable year.
Local Law - Exemption for Improvements to Property
Made Pursuant to the American's with Disabilities Act of 1990
It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted
by voice vote by members present, to approve and submit the following local
law to the full Legislature for consideration. Ms. Coggin clarified
this exemption continues only as long as the individual lives on the property.
The Committee agreed that that language should be included in the resolution
as an explanatory note.
Section 1. Article X of §150 of the Tompkins County Code shall read as follows:
Article X
Exemption for Improvements to Property Made Pursuant to the American’s with Disabilities Act of 1990
§150-53. Exemption granted.
Pursuant to §459-a of the Real Property Tax Law there shall be an exemption
from taxation for real property altered, installed or improved subsequent
to the American’s with Disabilities Act of 1990 for the purpose of the removal
of architectural barriers for persons with disabilities from existing property.
Improvements to such real property shall be exempt pursuant to the exemption
schedule in §459-a of the Real Property Tax Law.
Section 2. This local Law shall take effect upon filing with the Secretary of State.
Local Law - Exemption for Historic Barns
It was MOVED by Mr. Totman, seconded by Ms. Kiefer, to
approve and submit the following local law to the full Legislature for consideration.
Ms. Coggin said historic housing exemptions are a local option only and noted
the City of Ithaca has the only approved historic exemption on file.
Mr. Booth clarified that there is no general exemption for historical houses
and said he cannot support this law as there is no local restrictions for
historic properties outside the City. Ms. Coggin also noted that there
would be minimal impact if this exemption were adopted.
A voice vote resulted as follows: Ayes - 3 (Lane,
Kiefer, and Totman); Noes - 1 (Booth); Excused - 1 (Herrera). MOTION
CARRIED.
Section 1. Article IX of §150 of the Tompkins County Code shall read as follows:
Article IX
Exemption for Historic Barns
§150-51. Exemption granted.
Pursuant to §483-b of the Real Property Tax Law there shall be an exemption
from taxation to the extent provided in that section of the Real Property
Tax Law.
Section 2. This local Law shall take effect upon filing with the Secretary of State.
Veteran's Exemption
Mr. Franklin reminded the Committee that the exemption
is currently at $9,000, but the County could go as high as $27,000.
He noted that he could not find any record of when the amount was last changed.
Mr. Whicher recalled as Assessment Director that he brought this exemption
to the Committee for discussion and no recommendation to increase was made.
Mr. Franklin briefly reviewed the Veteran's scale by municipality and commented
that the average amount was $12,000. Only one municipality (Village
of Cayuga Heights) has a lower limit than the County. If the County were
to increase the exemption to $12,000, the impact would approximately be an
$8 million loss in taxable value. Mr. Proto said he has not heard any
discussions and in fact many veterans do not apply for the exemption.
Following further discussion, the Committee directed the Assessment Department
to contact Veteran's organizations for their opinion on this exemption and
come back to the Committee with the various ranges to increase the exemption.
Integrating Assessment Data - Board of Realtors
Ms. Coggin reported to the Committee on a request by the Ithaca Board of
Realtors to integrate the County Image Mate system into their new software
program Multiple Listing System (MLS) and make it available to their realtors.
Currently, the Department has generated approximately $10,000 from the fee
charged for realtors to use this program. She commented that this information
is available under the Freedom of Information law and she believes it should
be made available to taxpayers at no charge. Ms. Coggin also reported
the Planning Commissioner has requested this information be released to a
non-for-profit agency.
She said much more preliminary work needs to be done on this and will come
back to the Committee with more information and options. Other counties
will be contacted as well to see what information they make available.
Mr. Lane reviewed the following issues and questions to consider:
1. Do we want general public access to all the information easily available;
2. Would we be losing a revenue stream and/or would it be costing the County more money; and
3. Who is entitled to the information if it is restricted in any way.
Correction of Tax Roll - 2005
The Committee briefly reviewed the report distributed highlighting the corrections to the 2005 tax rolls.
Volunteer Fireman's Exemption
Mr. Proto reported on a possible exemption for volunteer fire companies.
He represents six volunteer fire companies in his district and there has
been interest expressed by these companies to use this exemption as a way
to attract new members. Several other counties in the State provide
this exemption including Chautauqua, Oswego, Rockland, and Steuben and many
others are pursuing it. Mr. Proto is in the process of reviewing
the information as there are certain restrictions and qualifications.
Ms. Coggin noted that State Legislation would be required if this exemption
were approved. She also noted that the Village of Groton has had this
exemption for years. Committee members expressed interest in getting
more information and Ms. Coggin agreed to work with Mr. Proto in providing
it.
Other Business
Ms. Kiefer asked if the Committee could discuss the inclusion of information
in the assessment informational mailings concerning the value of using the
local Department of Motor Vehicle office for renewing driver's licenses.
It was noted that Cayuga County passed a resolution authorizing this to happen.
Mr. Lane asked that this topic be discussed at a future meeting.
Ms. Kiefer asked Mr. Whicher if he inquired about the
County's charges for the cost of litigation on special franchises for the
State. Mr. Whicher said he has not looked into it but said that he
would do so when he meets with Steve Acquario of New York State Association
of Counties.
Mr. Lane said he received an assessment proposal from
a County resident suggesting a change in how the County does assessment calculations.
He shared the information with the Assessment staff and asked that it be
reviewed and feedback provided.
County Attorney
Resolution
Mr. Wilson briefly explained the resolution and said the
purpose of it is to clear up a title issue dating back to 1933. 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. - AUTHORIZING THE COUNTY ADMINISTRATOR TO TRANSFER TITLE OF CERTAIN LANDS
WHEREAS, a request has been made by Carolyn and Anatol
Eberhard to the County for a quitclaim deed from the County to them, to clear
title to lands they claim ownership of, said lands being a portion of tax
parcel No. 33-1-021.2 in the Town of Caroline, and
WHEREAS, the County Attorney's Office has investigated
the County interest in said parcel of land and reported to the Government
Operations Committee, and
WHEREAS, in a 1933 tax foreclosure deed the property was
deeded to the County and that deed was a result of an erroneous tax lien,
and
WHEREAS, an attempt was made by the County Board by resolution
on August 11, 1952 to negate any County interest in the premises and to expunge
the prior lien, and
WHEREAS, the County has never listed the premises on the
County land inventory and the premises are currently assessed to the reputed
owners (Eberhard), and
WHEREAS, the County Attorney's Office takes the position
the premises are not County property and that a quitclaim deed from the County
would clear the title and follow the direction of the County Board resolution
of 1952, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the County Administrator is hereby authorized to execute
a quitclaim deed and all other necessary documents to release any claim of
the County to the premises described in the 1953 resolution of the Tompkins
County Board of Supervisors based on that resolution, map and deed that passed
to the County by the County Treasurer as a tax deed dated January 6, 1933,
recorded in Liber 231 of Deeds at Page 365.
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Other Business
Mr. Wilson provided a brief history and update on the
water tank property located in the Town of Ithaca. The County has not
operated or maintained it in any way. The deed and title have been
received by the County from the Town and is currently moving through the
process. Authorization by the Legislature will be required to approve
the transfer of property from the County to the Town.
Advisory Board Appointments
Mr. Proto said his memorandum to the Committee Chair regarding
the County's policy for advisory board appointments was prompted by discussions
held at advisory board meetings and in reviewing some of the applications
being submitted for consideration. Some of his concerns with the application
form include the lack of information provided under list of qualifications
and community affiliations and the length of time as a resident of the Tompkins
County. He feels there needs to be a better understanding of the appointment
process among advisory boards. The Committee agreed the appointment
process and application form need further discussion and Mr. Lane requested
this item be placed on a future agenda when Mr. Proto was available to attend.
Next Meeting
The April 27th meeting of the Government Operations Committee was canceled due to lack of agenda items.
Report from the Finance Director
Mr. Squires provided a status report of the foreclosed
properties on the auction list. The tax collection system has been
upgraded to a new version to be compatible with the assessment upgraded system.
The recent bankruptcy law passed as some advantages for enforcement of taxes
and will impact the County's interest to a certain extent. One final
report, the County's audit was completed.
Mr. Lane thanked the staff of Finance and Planning Departments
for their work on the foreclosure process. He noted there are only
seven parcels on the list and the issue with fraternity property was resolved.
Approval of Minutes
It was MOVED by Mr. Booth, seconded by Mr. Totman, and
unanimously adopted by voice vote by members present, to approve the minutes
of the March 8th and March 16th meetings as corrected.
Adjournment
The meeting adjourned at 4:48 p.m.
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