MINUTES
GOVERNMENT OPERATIONS COMMITTEE
JUNE 17, 2004          3:00 P.M.
COURTHOUSE CONFERENCE ROOM

Present:  M. Lane, N. Schuler, D. Winch (left at 3:50 p.m.), K. Herrera, D. Kiefer (arrived at 2:10 p.m.)
Staff:  S. Whicher, D. Squires, W. Skinner, J. Wood, J. Kippola, V. Coggin, C. Belanger
Guests:  A. Tutino, Ithaca Journal

Called to Order

 Mr. Lane called the meeting to order at 2 p.m.

Changes to the Agenda

 The following resolution(s) were added to the agenda:

 Revision of Administrative Manual Policy 01-10 – Contracts
Program Reconfiguration Change – Director of Dispatch Center – Move from County Administration to Emergency Response
 Revision of Administrative Manual Policy – 02-01 – Creating New Positions and Reclassifying        Existing Positions (Due to time constraints this item was not discussed)

Chair’s Report

 Mr. Lane reported he telephoned the Chattauqua County Executive and is awaiting a return call.

County Attorney’s Report

 Mr. Wood reported on cases that are pending against the Tompkins County Mental Health Association which are also against the County.  He said the County has no affiliation with the Mental Health Association other than administering a couple of grants for them.  However, because the lawsuit states otherwise, the County is a defendant in the litigation.  Mr. Wood said the County has insurance that would cover this although there is a $5,000 deductible.  He said because the County doesn’t want to risk a judgment there would be this small cost.

 Mr. Lane asked Mr. Wood if the plaintiff’s attorney has been advised the employee named in the lawsuit is not a County employee as stated in the court documents and whether or not there would be an argument for sanctions or declarations of frivolous.  Mr. Wood responded that there would be and that he has been in communication with the attorney for the insurance company about this.

County Administrator’s Report

 Mr. Whicher had no report.

Finance Director’s Report

 Mr. Squires reported on the County’s foreclosure auction and said all properties have been paid for.  He said one of the terms used this year was they would not close on a property until all of the purchaser’s taxes were paid up to date.

 Mr. Squires also reported on a foreclosure property in Jacksonville and said the Department of Environmental Conservation wanted a water cooler back that residents of the property had been renting; the DEC was able to obtain the cooler.

 Mr. Squires said in the Real Property Tax Law the towns collect taxes and return to the County the unpaid taxes after they have satisfied their warrant by June 1.  He said once a town collects their warrant they are supposed to begin turning the money over to the County.  He stated most towns meet their warrant in late February/early March.  The County extended the warrant due date from April 1st to June 1st.  Mr. Squires said towns and the City have been meeting its warrant by April 1 but have not been remitting funds to the County in a timely fashion.  He noted the County is also not receiving interest earned on the funds from the April 1 thru June 1 period.

 Mr. Squires asked the Committee if they would like to move back to the April 1 deadline and whether he should raise this issue with the towns at this point.  It was the consensus of the Committee that that issue should be raised.   Mr. Lane stated his opinion that this is an example or the archaic method the County uses to collect taxes and stated the best solution would be a centralized system for collection.

 Ms. Skinner, upon approval by Chair Joseph, presented the Committee with the following document that will serve as the charge for the Task Force:

Charge to the Meeting Record Keeping (MRK) Task Force

This cross-functional task force will consist of stakeholders and will:

1.) examine the current policy and practice of minute-taking or otherwise providing an accurate record of County public meetings and
2.) if warranted, recommend changes to improve efficiency and save staff time and expense while maintaining an accurate and timely public record that is accessible to all interested parties and that reasonably satisfies Legislative and public needs and adheres to New York State’s open meetings and freedom of information laws.

The task force will study record-keeping options, including electronic and recording technology, for meetings of standing and special committees of the Legislature, as well as meetings of advisory boards that use County staff support.

The task force is also charged with considering whether the writing of resolutions can be streamlined or improved.

The task force will consider the relevant areas of the following sections of the County’s Administrative Policy Manual:

01-00 Minutes of Meetings of the Board of Representatives [Legislature] and its  Committees
01-01 Preparing Resolutions
01-06 Public Access to Records
01-25 Compliance with the Open Meetings Law

and make recommendations for amendments, if necessary:

The Task Force will review available historical material of the past 8 – 10 years regarding previous discussions of County minute-taking policy.
Timeline: The task force will endeavor to deliver a report to the Government Operations Committee in late fall, 2004.

 Ms. Skinner proposed the makeup of the Task Force include two legislators, two minute-takers, a technical support person, and a facilitator.   The Committee was supportive of the creation of this Task Force and the proposed charge.  Ms. Herrera did express concern, however, that a change in the way minutes are taken may result in minority opinions being lost.  Following a brief discussion, the Committee amended the number of legislators to serve on the Task Force from two to three.  Ms. Kiefer noted that this issue has been discussed in the past and suggested the minutes of those meetings be reviewed.   The following individuals were suggested to serve as members:  Legislators Booth, Kiefer, and Herrera; and Kathy Wilsea of the Planning Department

Resolution - Reconfiguration - Dispatch Center

 It was MOVED by Mrs. Schuler, seconded by Ms. Herrera, to approve and submit the following resolution to the full Legislature for approval.  Mr. Winch, although voting in favor, expressed concern for the overall dispatch program and this position in particular.  A voice vote resulted as follows:  Ayes – 5, Noes – 0.  MOTION CARRIED.

RESOLUTION NO.        PROGRAM RECONFIGURATION CHANGE  – DIRECTOR OF DISPATCH CENTER - MOVE FROM COUNTY ADMINISTRATION TO EMERGENCY RESPONSE

 WHEREAS, Resolution No. 5 of 2002 created a position of Director of Dispatch Center (85/182), labor grade O (15), standard work week 40.0 hours in the office of the County Administrator, and
 WHEREAS, It is no longer necessary to fund the position through County Administration (A1230), and
 WHEREAS, Funding is available in Emergency Response (A3410),
 RESOLVED, on recommendation of the Public Safety, Government Operations, and Budget and Capital Committees, That the position of Director of Dispatch Center be moved from County Administration to Department of Emergency Response effective July 1, 2004,
RESOLVED, further, That the Director of Finance be directed to transfer any charges made after July 1, 2004 relating to the salary and fringes for this position in County Administration (A1230) to Emergency Response (A3410),
 RESOLVED, further, That the following budget adjustments be made:
 Appropriation:  A1230.5000182  Director of Dispatch Center (23,669)
    A1230.58800      Fringes      (9,231)
   A3410.5000182  Director of Dispatch Center  23,669
    A3410.58800      Fringes       9,231
    A3410.54442    Professional Services  (32,900)
 Revenue:  A1230.42770    Unclassified Revenue  (32,900)
SEQR ACTION:  TYPE II-20
* * * * * * * * * *

Assessment Department

Outreach Efforts

 Ms. Coggin reported on June 1 the County Legislature decided to continue the annual update program and her office is preparing for that program which begins July 1.  She reviewed the Department’s Outreach Program as well as additional outreach efforts planned for the 2004-2005 assessment year.

Staffing

 Ms. Coggin presented the Committee with a staffing plan for 2005.  She stated the Department cannot execute an annual assessment program at the current staffing level and said she will be requesting one position of Data Collector and one position of Receptionist.  These positions would replace the present intern positions.

 She stated New York State is no longer supporting the Department’s software program (ORPS 3 version) and that the Department would be upgrading to ORPS 4.  This change cannot be delayed any longer and will consume a significant amount of staff time to implement.

 Ms. Coggin stated she agrees with the CAP Report.  If the workload in the Department were to decrease once implementation of ORPS 4 is complete, she would volunteer at that time to decrease staffing levels.

 Mr. Lane stated that any legislator who voted in favor of annual assessment should also support the funding requests related to that.  Ms. Coggin will prepare the necessary documentation to begin the approval process for this request.

Review of Fee Structure for Outside Attorneys

 Ms. Coggin explained the procedure the Department uses to acquire legal representation.  In 1999, a fee structure was adopted to pay attorneys $115/hour.  She stated attorneys who accept Tompkins County cases do not feel this rate makes taking cases feasible.  Ms. Coggin agreed and mentioned an increase to $125/hour, noting the average private attorney rate is $190/hour.

 Mr. Wood stated he supports the rate Ms. Coggin is recommending and he does not believe it would be more economical at this point in time for the County to perform this work in-house.  Ms. Kippola stated the average annual expense over the last ten years was $20,000.

 It was the sense of the Committee that this increase would be acceptable.  Ms. Coggin was directed to prepare a resolution and bring to the next meeting.

Revision of Administrative Manual Policy - 01-10 - Contracts

 Jackie Kippola, Contracts Coordinator said she has added “gender identities” to part (9), but it was pointed out that there are other places where similar changes need to be made.  Chair Lane asked Administration to check all documents.

 Ms. Kiefer noted the policy statement is incomplete and needs to be taken care of prior to adoption.  She also said that with respect to the dollar figure there is a new requirement for Public Works projects and suggested listing that same scale for this.  She also questioned if the document includes information on vendor track records or where it could be addressed.  Mr. Wood cautioned against referring to a "not responsible bidder".  It was agreed this item needed further revisions and it was deferred to the next meeting.

Review of County's Insurance Program

 The Committee reviewed the anti-discrimination clause presented by Ms. Kippola.  Discussion included the following suggestions:
 1.  Add gender identity clause to all contracts and bid documents.
 2.  Add reference to County Laws.
 3.  Request County Administration to present a list of areas where language is used in documents to ensure County's compliance with law.  Ms. Herrera will assist Administration with this task.
 4.  Clearly indicate Assessment attorneys and arbitrators.  Ms. Herrera also noted the County needs to place emphasis on its minority efforts as it is no where near of achieving its ten percent goal.

Special Meeting

 Due to time constraints, a special meeting was scheduled for June 29th at 3 p.m. to discuss Ethics-related items.

 Mr. Winch was excused at 3:50 p.m.

Approval of Minutes

 It was MOVED by Ms. Herrera, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to approve the minutes of the June 17, 2004 meeting as submitted.

Next Agenda

 A request was made to discuss naming of conference rooms at the next meeting.  The resolution concerning revisions to Administrative Manual Policy 02-01, Creating New Positions and Reclassifying Existing Positions was deferred to the next meeting.

Adjournment

 The meeting adjourned at 3:55 p.m.

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