MINUTES
GOVERNMENT OPERATIONS COMMITTEE
SEPTEMBER 10, 2002          11:30 A.M.
SCOTT HEYMAN CONFERENCE ROOM

Present:    M. Koplinka-Loehr, Chair; T. Todd; G. Totman; D. Booth; D. Kiefer

Staff:      S. Whicher, County Administrator; K. Smithers, Deputy County Administrator; D. Squires, Finance Director; J. Tynyk, Weights and Measures Director; D. Ellis, Weights and Measures; J. Wood, County Attorney

Called to Order

 Chair Koplinka-Loehr called the meeting to order at 11:30 a.m.

Changes to Agenda

 There were no changes to the agenda.

Approval of Minutes

 It was MOVED by Ms. Kiefer, seconded by Mr. Totman, and unanimously adopted by voice vote, to approve the minutes of the August 13, 2002 meeting as corrected.

Chair's Report

 Chair Koplinka-Loehr reported that Committee members as well as Board members have been receiving correspondence concerning departmental budget reviews.  In particular, a letter was received from the Board of Elections and he said it is likely the Committee will revisit their budget.

County Administrator's Report

 Mr. Whicher said there are some personnel issues taking place that may require the Committee's attention at a future meeting.

Finance Director's Report

 Mr. Squires reported the tax enforcement cycle has commenced and noted there is a significant decrease in the amount of unpaid taxes this year at this time compared to last year.  Last year, there were 1,948 unpaid current tax items compared to 1,579 in 2002.  The foreclosure packets are being developed with fewer properties this year.  There are 71 properties subject to foreclosure for commercial and vacant land as compared to 127 last year and there are 80 houses compared to 90 last year.  In the commercial area, there is approximately $257,000 subject to foreclosure with three properties making up 40 percent.  Of the 80 houses, 14 have unpaid taxes in excess of $10,000.

 Mr. Squires said Lakeside Nursing Home continues to make timely payments.  He also reported on an unusual situation where an Industrial Development Agency property is delinquent; the 2001 school taxes and 2002 County taxes have not been paid.

County Attorney's Report

 No report.

Public Information Officer's Report

 No report.

Assessment Department

 Resolutions
 It was MOVED by Ms. Kiefer, seconded by Mr. Totman, and unanimously adopted by voice vote, to submit the resolution entitled RESOLUTION NO.           -  ESTABLISHING COUNTY EQUALIZATION RATES

* * * * * * * * * *

 It was MOVED by Mr. Totman, seconded by Ms. Kiefer, to submit the following resolution to the full Board for approval.  Mr. Whicher asked if the numbers used in the report were current or final roll files.  Mr. Franklin said he used current numbers.  Mr. Whicher said final roll totals need to be used and Mr. Franklin agreed to correct the report and present the Committee with an updated report by the end of the week prior to Board approval.
 
 A voice vote resulted as follows on the resolution:  Ayes - 5, Noes - 0.  RESOLUTION CARRIED.

RESOLUTION  NO.         -  ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF TOTALS (FOOTINGS) OF ASSESSMENT ROLLS

 RESOLVED, on recommendation of the Government Operations Committee, That the regular and supplemental report of the totals (footings) of assessment rolls be accepted and the figures therein be used as a basis for the taxation in the several tax districts of the County for the year 2003.
SEQR ACTION:  TYPE II-20

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County-Owned Lane

 Caroline Pinnacles
 It was MOVED by Mr. Booth, seconded by Mr. Todd, and unanimously adopted by voice vote, to submit the following resolution to the full Board for approval:

RESOLUTION NO.  MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. _   OF 2002 (SALE OF “CAROLINE PINNACLES” PROPERTY)

WHEREAS, in Resolution No.  of 2002, the County Board of Representatives would authorize the sale of the “Caroline Pinnacles” land, tax parcel number 25.-1-24.2 to Cornell University, and
WHEREAS, the Tompkins County Board of Representatives has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That Resolution No. ___ of 2002 is an unlisted action,
RESOLVED, further, That the Board of Representatives hereby makes a negative declaration of environmental significance in regard to Resolution No. ___ of 2002.
SEQR ACTION:  Unlisted
(Short EAF is on file in the Clerk's office)

* * * * * * * * * *

 It was MOVED by Mr. Totman, seconded by Ms. Kiefer, to submit the following resolution to the full Board for approval.  Discussion followed and Ms. Kiefer raised questions regarding the purchase offer agreement that the Committee addressed.  In addition, Ms. Kiefer expressed concern with the language in paragraph number five and feels the Buyer "Cornell Real Estate" is not competent to judge the natural-resource status of the natural area.  She recommends the parcel be judged by Cornell Plantations or its successor and not the Buyer.  Mr. Booth stated that Cornell is a corporate entity and feels the County should decide whether it is going to sell the land or not.  Other Committee members also did not agree with Ms. Kiefer's recommendation to renegotiate the purchase office in particular the wording of a specific condition.  Ms. Kiefer was of the opinion that no renegotiation is necessary simply clarifying certain words with Cornell.

 A voice vote resulted as follows:  Ayes - 5, Noes - 0.  RESOLUTION CARRIED.

RESOLUTION NO.  - AUTHORIZATION TO CONVEY TO CORNELL UNIVERSITY PARCEL NUMBER 25.-1-24.2 (“CAROLINE PINNACLES”)

WHEREAS, by tax foreclosure proceedings, the County acquired Tax Parcel number 25.-1-24.2 located on White Church Road in the Town of Caroline in 1998, and
WHEREAS, in accordance with the County Land Transactions Policy, the parcel was withheld from the County auction in 1998 for two reasons: 1) to correct errors in property lines (regarding an existing trailer on the land); and 2) to study the site’s natural features, as it was in Unique Natural Area #180, “Caroline Pinnacles,” and
WHEREAS, members of the Environmental Management Council and the Finger Lakes Land Trust visited the site in 1998, and found that a portion of it contained species which are rare or scarce in this region (hair grass, glaucous honeysuckle, pitch pine, and downy arrowwood), and recommended that this parcel be protected, and
WHEREAS, in 1999, lot boundaries for parcel no. 25-1-23 (the adjoining lot with a trailer on it which did not appear in the 1998 tax maps) were corrected and the County's parcel became smaller and changed shape, going from one large tract of 31.02 acres to a 30.41 acre parcel nearly split in two, and
WHEREAS, in 1999/2000, the County negotiated with Cornell University on the sale of the land, and at Cornell's request the County agreed to split off one acre and the existing old house located on the parcel, which subsequently sold in the 2000 auction for $5000, and
WHEREAS, during the survey of the one acre lot, parcel no. 25-1-24.2 was reduced in size from 30.41 acres to 28.04 acres, and
WHEREAS, in 2000, Cornell University conducted a partial survey of the land, which estimated that the County actually owned significantly less acreage (approximately 10 acres) than the County thought, and that the survey indicated that the County probably does not own the environmentally significant part of the site, but that Cornell does, and
WHEREAS, Cornell University remained very interested in acquiring the parcel because it provides the best access to the environmentally significant portion of the site and that ownership of this access is important to any potential future research projects regarding the environmentally significant area, and
WHEREAS, the Government Operations Committee voted on March 12, 2002 to auction the parcel in the 2002 auction, and
WHEREAS, on May 7, 2002, the County Board of Representatives passed Resolution No. 79 withdrawing the parcel from the public auction until a suitable method be determined to complete the survey, and
WHEREAS, in June, 2002, the County received a cost estimate of $1,160 from T.G. Miller P.C. to complete a boundary survey for the parcel, and
WHEREAS, in September, 2002, Cornell University tendered a purchase offer for acquiring the land for $5,000, which includes the stipulation that the property shall be preserved and maintained as Natural Areas pursuant to criteria established by the Cornell Plantations Natural Areas Committee or its successor, and that no cellular tower or related equipment will be constructed on the property for 25 years, and
WHEREAS, prior to considering any offering on this parcel all procedures of the County Land Transaction Policy have been complied with, and acceptance of the purchase offer is recommended by the Governmental Operations Committee, and
WHEREAS, the County Land Transaction Policy states that whenever the Board of Representatives decides to negotiate a sale for less than the fair market value for real property, the resolution shall clearly state the public purpose served by conveying for this price, and that the resolution shall include the Assessment Department’s estimate of the fair market value of the property at its highest and best use, and
WHEREAS, the public purpose served by sale of this land to Cornell University is to protect significant natural resources, and the Assessment Department estimates that the fair market value for this parcel is $500 per acre, given the topography of the site, which results in a total value of either $14,000 if the parcel is actually 28.04 acres, or $5000 if the completed survey shows that it is 10 acres, and
WHEREAS, contingent upon Board approval, said property shall be conveyed by Quit Claim Deed to Cornell University for the sum of $5000, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That upon receiving required payment in full, that the County Administration be and hereby is authorized to execute said Quit Claim Deed for said parcel acquired through foreclosure proceedings.
SEQR ACTION:  Unlisted
(Short EAF is on file in the Clerk's office)

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Weights and Measures

 Early Retirement Resolution
 It was MOVED by Mr. Totman, seconded by Mr. Booth, and unanimously adopted by voice vote, to submit the following resolution to the full Board for approval:

RESOLUTION NO. - AUTHORIZATION FOR EARLY RETIREMENT – WEIGHTS AND MEASURES

WHEREAS, the Tompkins County Board of Representatives authorized participation in the 2002 Early Retirement Incentive Program, and
WHEREAS, the following position is eligible and has voluntarily chosen to retire during the open period:
Judy Tynyk, Weights and Measures Director – 1.0 FTE
, and
WHEREAS, this incentive may be used on behalf of any eligible employee who so chooses, provided that the Department Head has recommended a plan that will result in a financial savings equal to 50 percent of the base salary of the retiring employee over a two-year period following the retirement, and
WHEREAS, a savings plans as required by the New York State Retirement System was submitted to describe the method of saving funds:
The Director of Weights and Measures intends to retire effective October 31, 2002 and be reinstated to work through the remainder of 2002.  During 2003 the Inspector position will reduce weekly hours to 21.0 and in 2004, hours will be further reduced to 18.0.  The Director currently works 40.0 hours.
, and
WHEREAS, such plan has been reviewed and recommended by the County Administrator, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That Judy Tynyk be authorized to retire under the terms of the 2002 Early Retirement Incentive Program,
RESOLVED, further, That the fiscal target adjustment will be made in one blanket resolution later this year for all those approved for the Early Retirement option.
SEQR ACTION: TYPE II-20

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 Ms. Kiefer commented that Ms. Tynyk has done an outstanding job in bringing the County's Weights and Measures Department into the top rank in the State, and it is hard to envision the Department without Ms. Tynyk.

Review of Advisory Boards

 Mr. Koplinka-Loehr asked the Committee to refer to the questions referenced in his memorandum when reviewing the following advisory boards.

 Community Affirmative Action Committee

 Mr. Koplinka-Loehr provided a brief overview of the Community Affirmative Action Committee functions and stated its purpose.  The Committee has been active up until January 2002.  This year the group began meeting quarterly rather than monthly as it felt more could be accomplished.  However, attendance at meetings diminished and there are a number of vacancies.  Mr. Koplinka-Loehr commented that the Committee changed its name to Affirmative Action and Workforce Diversification Committee.  It was felt it would broaden the understanding of what they do.

 Ms. Kiefer feels and the Committee agreed that the existence of this group is necessary but the fact that it is not functioning is a concern.  There was a brief discussion concerning the overlap of this committee with the Human Rights Commission.  Mr. Koplinka-Loehr said the difference is this Affirmative Action group is for County employees.

 Mr. Booth spoke about the three items he is interested in discussing in relation to advisory boards:  (1) Do they have existing bylaws? (2) Is the attendance policy being enforced? and (3) What amount of staff is assigned and what are the costs of it.  He feels the Affirmation Action group serves an important function.

 It was the consensus of the Committee to encourage the Community Affirmative Action Committee to meet more frequently, follow their own attendance policy, and fill vacancies.

 Assessment Review Board

 The Committee felt there was no reason to review this board as it is required by law and is part of the Assessment process.

 Ethics Advisory Board

 Ms. Kiefer spoke as Chair of the Ethics Advisory Board and said it is necessary.  It is now up to full strength and held a meeting in August; all members were present.  The board has received a referral (complaint) from a City of Ithaca official to discuss.  The board is required to meet at least once a year to review any conflicts with the Financial Disclosure forms and complaints received by the County Attorney.  There are no existing bylaws for the group, but there are guidelines.

 The Committee agreed with its continued existence.

 Human Rights Commission

 Mr. Koplinka-Loehr stated the purpose of the Commission and said that often in the past there has been confusion with what the Commission does and the department's responsibilities.  Ms. Kiefer said the Charter Review Committee has been discussing the Human Rights Article to clarify that issue.   One change being recommended is changing the advisory board name to Board of Human Rights Commissioners.  She also commented that the investigative work used to be done by the advisory board and over the years this has changed and it is now handled by the Office of Human Rights.

 Mr. Koplinka-Loehr spoke about the number of vacancies on the advisory board and Ms. Kiefer suggested that the number of members required should be discussed and reviewed.

 Ms. Kiefer said she would like to see used for each advisory board an attendance record in grid format that includes members' names and meeting dates.  Ms. Kiefer spoke in favor of consistent attendance policy.  Ms. Kiefer added that each group needs an unambiguous definition of "quorum".

 It was the consensus of the Committee that this advisory board should continue.  The question of staff support was raised and Ms. Kiefer stated there is a substantial amount of interaction between the advisory board and the office of Human Rights.

 Ms. Kiefer spoke about program committees assigning liaisons to its advisory boards and feels this should be done.  Mr. Koplinka-Loehr said that is something that should be looked into to see if there are consistent liaison assignments being made.

 Public Information Advisory Board

 Mr. Koplinka-Loehr highlighted the charge and said there is a full compliment of members.  The bylaws are up to date and the group meets regularly.  Mr. Totman asked what is gained by having a public information office.  Mr. Koplinka-Loehr said information is reported in a timely manner and much more accurately.  He noted that there was a letter in the Ithaca Journal praising the County's work of the Public Information Officer and advisory board and recommending the City of Ithaca create such a position.

 Mr. Koplinka-Loehr spoke of his support for the continuance of the advisory board and feels it is very valuable.  He noted that there does not appear to be an attendance policy.  Mr. Booth recommended that all advisory boards have an attendance policy.

 Mr. Koplinka-Loehr said he would summarize the comments made concerning the advisory boards that report to the Government Operations Committee and hopes to discuss the comments from other program committees at the next meeting.

Adjournment

 At this time, the meeting adjourned its regular meeting at 12:35 p.m. and began departmental budget reviews.
 


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