MINUTES
GOVERNMENT OPERATIONS COMMITTEE
MAY 17, 2006          3:00 P.M.
THE HISTORY CENTER


Present:  K. Herrera, Chair; M. Sigler; T. Randall; G. Stevenson; D. Kiefer (arrived at 3:08 p.m.)
Staff:      C. Covert, Clerk of the Legislature; E. Cree, Election Commissioner; D. Squires, Finance
Director; S. Dewitt, Election Commissioner; S. Whicher, County Administrator; T. Paolangeli, Elections; J. Franklin, Assessment; J. Steiner, Public Library Director; L. Shurtleff, Emergency Response Director
Guest:     F. Proto, Legislator

Called to Order

 The meeting was called to order at 3:00 p.m.

Changes to Agenda

 The following items were added to the agenda:
· Resolution – Authorization to Execute Quitclaim Deeds – Sale of Foreclosure Properties at Public Auction
· Resolution – Authorization to Execute Quitclaim Deed – Properties Redeemed before County Auction
· Resolution – Authorization to Establish Business Visa Credit Card Accounts with Tompkins Trust Company
· Executive Session – Personnel Matter

Chair’s Report

 Ms. Herrera did not have a report.

Report from the County Administrator

 Mr. Whicher said he did not have a report, but would like to request an executive session at the appropriate time.

Finance Department

 Resolutions – Foreclosed Properties
 Mr. Squires updated the Committee on the public auction of foreclosed properties.  There were seven parcels sold.  However, he reported that an individual came in on the day prior to the auction at 4:40 p.m. and presented a check for payment.  Pursuant to policy, properties subject to foreclosure have until the close of business on the day prior to the scheduled auction to make payment and avoid the sale at auction.  As the check was received after the close of business, Mr. Squires advised the individual that he was unsure if the parcel could be removed from the auction.  As the County Attorney was unavailable, Mr. Squires made the determination to include the property in the auction contingent on Legislature approval.  He noted that all properties sold at auction require Legislature approval.  The property in question sold at auction for $142,000.  If that property is taken out, the County will have a loss of approximately $4,000 in total from the amount of taxes owed.  He also noted that this individual has been in most foreclosure proceedings with the County and the City of Ithaca and urged the Committee not to accept the payment from the individual.

 Mr. Whicher commented that his position is slightly different and feels people should have every opportunity to keep their property.  He said this is a commercial property and how this individual makes a living.
 Discussion followed concerning the properties sold at auction and it was MOVED by Mr. Randall, seconded by Mr. Stevenson, to approve and submit the following resolution to the full Legislature.

Ms. Kiefer arrived at this time.

Following a brief discussion, a voice vote resulted as follows:  Ayes – 4 (Herrera, Sigler, Randall, and Kiefer); Noes – 1 (Stevenson).  RESOLUTION CARRIED.

RESOLUTION NO.  – AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS – SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION

 WHEREAS, by tax foreclosure proceedings, the County acquired certain parcels in the County, and
 WHEREAS, said properties were sold, contingent upon Legislature approval, at public auction on May 16, 2006, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That upon payment in full of the bid price, plus current taxes and filing fees, that the County Administrator be and hereby is authorized to execute quitclaim deeds for all parcels sold at the public auction.
SEQR ACTION:  TYPE II-20

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 Further discussion followed on the resolution below, with Mr. Sigler stating he would like to see the property returned to Mr. Farrell.  Mr. Proto also spoke in support of the resolution and encouraged Committee members to vote in favor of returning the property to Mr. Farrell. He has known Mr. Farrell for many years and he is a very kind and caring individual.   He hoped that language could be added to the resolution that encourages or directs Mr. Farrell to bring his property up to date.

 It was MOVED by Mr. Stevenson, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve and submit the following resolution to the full Legislature for approval:

RESOLUTION NO.    - AUTHORIZATION TO EXECUTE QUITCLAIM DEED – PROPERTIES REDEEMED BEFORE COUNTY AUCTION

 WHEREAS, Tompkins County works with property owners to allow them to redeem their homes prior to auction, now therefore be it
 RESOLVED, That the County Administrator is authorized to execute a Quitclaim Deed conveying property acquired by the County through 2005 tax foreclosures, back to the previous owners upon payment of all back taxes, penalties, interest and fees as follows:
 City of Ithaca          14-3-2    Thomas Farrell
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Resolution – Visa Credit Card Accounts
Mr. Squires reported that the County has reached its credit limit maximum for the business Visa credit cards issued to various employees in departments.  He is requesting the limit be increased from $100,000 to $150,000.  The credit cards are used for purchases of small commodities, travel expenses, etc.  The bill is paid off on a month-to-month basis and there is no interest paid.

It was MOVED by Mr. Stevenson, seconded by Mr. Randall, to approve and submit the following resolution to the full Legislature for approval.  Mr. Stevenson spoke of his reservations with approving this as he has heard of problems and abuses in other agencies with credit cards.  He requested a list of who in the organization has a credit card and the buying power they carry.  Mr. Squires agreed to provide a list by department.

A voice vote resulted as follows:  Ayes – 5; Noes – 0.  RESOLUTION CARRIED.

RESOLUTION NO. - AUTHORIZATION TO ESTABLISH BUSINESS VISA CREDIT CARD ACCOUNTS WITH TOMPKINS TRUST COMPANY

 WHEREAS, Tompkins Trust Company requires the Tompkins County Legislature to adopt a resolution authorizing the County's credit card accounts, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance is hereby authorized to establish Business Visa Credit Accounts with the Tompkins Trust Company for Tompkins County employees to use for approved County purposes and the aggregate credit limits for such accounts shall not exceed $150,000.
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Explanation: Resolution 2004-44 authorized accounts with aggregate limit of $100,000. The County currently has issued cards which have encumbered the $100,000 limit, Any increases in card spending authority now requires internal adjustments in existing credit limits. Raising the threshold will provide greater flexibility and convenience for the organization.

Executive Session

 It was MOVED by Mr. Randall, seconded by Mr. Sigler, and unanimously adopted by voice vote, to hold an executive session to discuss a personnel matter about a particular individual.  An executive session was held at 3:17 p.m. and returned to open session at 3:40 p.m.

Assessment Department

 Taxing of Trees
 Mr. Franklin spoke to the Committee regarding the policy for taxing of trees.  He said this policy has been around for a long time.  The Assessment Department when reviewing parcels will assess the timber if there is viable forest land on the property and it is more than 50 acres in size.  This is the same procedure used when New York State assigns a value on State-owned taxable forest land in the Towns of Caroline, Danby, Dryden, and Newfield.

 He distributed copies of a resolution adopted by Hamilton County that urges the State Legislature to Reject Bill S.6818 which excludes standing timber on privately owned forestland from the definition of real property for assessment purposes.  He does not feel it is a concern at this time for Tompkins County but will keep the Committee informed if there appears to be any movement with this legislation.

 Mr. Franklin referenced a letter from Donald Dewitt, Executive Director of the New York State Office of Real Property Services, distributed to all Committee members and addresses how real property is assessed in New York State.

 In response to a question about rising assessments for trees, Mr. Franklin said there has not been a marketable increase in the value of trees price per acre.  The value of vacant land has gone up much more significantly than the timber.  He also reminded the Committee of the Real Property exemption for forest land.  Currently there are about eight individuals in the County who take advantage of this exemption.

 Ms. Kiefer asked if there was an Assembly companion bill and was told yes, the companion bill is A6638.

 Ms. Kiefer thanked Mr. Franklin for the timely memo from the ORPS Director and said she will share it with the Environmental Management Council.

Board of Elections

 Resolution – Terminal Pay
 It was MOVED by Ms. Kiefer, seconded by Mr. Stevenson, and unanimously adopted by voice vote, to approve and submit the following resolution to the full Legislature for approval.  In response to a question raised concerning the amount of money being requested, Ms. Cree said the employee had accrued a number of hours in compensation time.

RESOLUTION NO.  – APPROPRIATION FROM CONTINGENT FUND – TERMINAL PAY BOARD OF ELECTIONS

 WHEREAS, the Board of Elections had a Deputy Commissioner resign effective January 24, 2006, and
 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it
 RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:
 FROM:  A1990.54440   Contingent Fund   $ 6816
 TO:  A1450.51000175 Deputy Commissioner   $ 4903
   A1450.58800   Fringes     $ 1913
SEQR ACTION: TYPE II-20

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 HAVA (Help America Vote Act ) Implementation Update
 The following Power Point Presentation was provided by Ms. Cree, Mr. Dewitt and Mr. Paolangeli:

Four Topics:
· Centralization
· Interim plan
· Statewide database
· 2007 voting machine choice

Centralization
County now responsible for all voting machines:
· Storage
· Maintenance
· Programming
· Delivery

Storage:  Old Library
Pros:
· Existing County space
· Close to Board of Elections offices

Cons:
· Hard to load machines in and out
· County will eventually require more storage space
· Security issues for Board of Elections and County

Maintenance
· Appointed two Senior Technicians (Tim Larkin and Dave Restey)
· Begun maintenance program for all machines (80+)

Programming
· All machine set up and programming will be done at Machine Center
· Senior Technicians to supervise and have final sign off

Delivery
· Contracted with Lake Country Moving and Storage to pick up any machines still at polling places or town storage (to be completed by Friday)
· They will also deliver and return all machines for Primary and General Election

Poll Site Certification
· Now our responsibility to find and certify 52 polling sites
· Staff attended Regional Workshops about working with disabled voters and poll site access
· We’re setting up administrative procedures to manage contact information
· We’re testing NYC BOE Database program
· Visit and inspect every poll site to assure access for voters with disabilities
· Problems – Example:  South Hill Fire – ramp is too steep, no railing.  Fix or find new site?
· Problems – Example:  GIAC Closure – Will building be available?  Find new site?

Interim Plan (Plan B)
· Federal Government sued NY State for not meeting HAVA deadlines
· Result:  To settle the suit most local BOE’s will have one centrally located voting device for use by voters with disabilities
· We must choose a device by May 22, 2006

Interim Plan – Choices
· Ballot Marker Only:   ES&S AutoMARK
· Ballot Marker/Printer: Avante EVC 3408 SPR
· Ballot Marker/Printer:  Populex
· Phone Based Systems:  (1) IVS Inspire; (2) Avante IVR
· We’re still gathering cost date on the Interim options

Statewide Database
· Interim Solution:  NYS Voter 1
· Sent copy of voter database via FTP April 28
· Daily file transfers to state July 14, 2006
· “Real” Statewide database scheduled to begin Spring 2007
· Steve DeWitt member Statewide Database Policy Committee
· Steve, Tom Paolangeli and Greg Potter (ITS) attended database planning meetings

Machines for 2007 (Plan A)
· State Board currently certifying Electronic Voting systems
· No machines have been certified yet
· Counties must choose their 2007 machines in July 2006
· New NY regulations adopted April 27, 2006:  More stringent than HAVA; voting equipment must adhere to US EAC 2005 voluntary voting guidelines
· All testing will be conducted in a transparent process
· All testing and certifications reports will be public records posted on the State Board website (except security functions)
· Voting machine manufacturers are required to submit detailed system security analyses for their equipment, and
· Are required to submit affidavits that disclose all political contributions and any litigation concerning their voting systems, and any interest in independent testing labs
· Possible manufacturers:  Avante; Danahar; Diebold; ES&S; Liberty; Populex; Sequoia
· We plan to have public demonstrations of voting machines in June; the machines may or may not be certified at that point

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 Mr. Stevenson commented that his constituents in both the Towns of Enfield and Newfield continue to raise questions and concerns with the County saying it has ownership of the voting machines.  Mr. Dewitt said it is the result of a State Law adopted last year that clearly states the voting machines are the property of the County.  This has been communicated to the municipalities.  Mr. Stevenson requested that communication continue and to be very sensitive with the concerns and issues being raised.

Policy 01-19 – Emergency Planning Committee

 Mr. Shurtleff briefly reviewed the proposed policy and said it was updated to be in conformance with the recently adopted Bylaws of the Emergency Planning Committee.

 Ms. Kiefer would like language added to the Legislative Policy Statement dealing with preparedness for, mitigation of, response to, and recovery from both natural and human-caused disasters and suggested the following:

 “Tompkins County shall have in place an Emergency Action Plan that deals with preparedness for, mitigation of, response to, and recovery from both natural and human-caused disasters that conforms with all legal mandates, is particular to Tompkins County, and is kept current.”

 Mr. Shurtleff agreed with the suggestions and at this time provided a brief history of the policy and the creation of the Emergency Planning Committee.

 Further discussion followed and Ms. Kiefer suggested the Objective could be broader and that some of the paragraphs could be reordered.  Ms. Herrera recommended and the Committee agreed to have Ms. Kiefer meet with appropriate staff to discuss and revise the policy as necessary and have a brief meeting prior to the next Legislature meeting.

Review of Advisory Board Policies

 Residency Requirements
 Discussion followed concerning the policy for residency requirements on advisory boards.  Mr. Stevenson expressed his opinion that it appears there are inconsistencies with the policy and said this issue has come up recently at various committee meetings.  He feels there needs to be a clear policy and that the requirement for residency in the County become the responsibility of the agency not the County’s.

Ms. Kiefer believes there is a policy; however, there are a few exceptions.   She stated she has a slightly different point of view and that there are some advisory boards where having certain expertise from an individual working for an academic institution or certain business can be useful and important.

Mr. Randall said there are some merits to what Ms. Kiefer is saying, but also feels that residency should be considered.

Mr. Sigler said that at this time he does not have an opinion, but does feel policies need to be consistent and fair to everyone who applies.

Ms. Herrera said she spoke to Meira Hertzburg of the County Attorney’s office who said she is available to assist the committee with researching and drafting legislation.  Ms. Herrera thinks that the residency policy should come before the Legislature for a discussion.  At this time, Mrs. Covert read what the current policy states:  “All advisory board members must be residents of Tompkins County, except where State or Federal law provides otherwise”.

Mr. Shurtleff spoke of some of the difficulties he has had with filling vacancies on advisory boards and the impact it has had on some of the public safety advisory boards such as the Fire, Disaster, and EMS Advisory Board, Local Emergency Planning Committee, etc.

 Ms. Herrera recommended Committee members prepare legislation working with Ms. Hertzburg to bring forward to the Legislature for discussion and consideration.

 Ms. Steiner briefly gave an overview of the information distributed with the agenda concerning the Tompkins County Public Library Board of Trustees and said they are very strict about residency and enforce it.

Approval of Minutes

 It was MOVED by Ms. Kiefer, seconded by Mr. Stevenson, and unanimously adopted by voice vote, to approve the minutes of the March 13, 2006, meeting as submitted.  MINUTES APPROVED.

 Approval of minutes from the January 10, January 18, February 15, and March 15, 2006 meetings were deferred.

Adjournment

 The meeting adjourned at 4:41 p.m. followed with a tour of The History Center.

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