Called to Order

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

Additions/Deletions to Agenda

 The following items were added to the agenda:

· Homeland Security Funding
· Resolution – Increase in Hours, Paralegal Aide, Office of Human Rights
· Rollover Request – Administration
· Voting Machine Discussion

Ms. Herrera announced the tour of the County Clerk and Assessment offices would be postponed.

County Administration

 Mr. Whicher reported his department’s reorganization is going well.  The newly hired Pubic Information Officer, Marcia Lynch, will start on July 10, 2006.

 Ms. Kiefer inquired about the outcome of the Pubic Information Survey; Mr. Whicher stated it is completed and will be presented to Ms. Lynch.  Ms. Kiefer requested a copy. Ms. Herrera asked that each member of the Government Operations Committee be provided with a copy.

County Attorney

 Mr. Wood requested an executive session be held later in the meeting to discuss a real estate transaction.

Rollover Requests

 County Clerk
 Ms. Reynolds, Deputy County Clerk, stated the request will enable the department to continue the process of microfilming and archiving records, as well as providing for the purchase of a large-format plotter to allow printing of large maps.

 A brief discussion occurred relating to the revenue over budget.  It was noted that the additional revenue from the Department of Motor Vehicles was due in part to special employee-discount offers made at dealerships, resulting in increased vehicle sales.  Additionally, Mr. Joseph stated he believed the revenue should have been deposited in the General Fund.  Mr. Whicher stated a discussion regarding this topic will take place during the budget process.
It was MOVED by Ms. Kiefer, seconded by Mr. Joseph, and unanimously approved by voice vote by members present, to approve the following rollover request. ROLLOVER REQUEST APPROVED.

County Clerk – microfilming civil papers; inventory and microfilming (historic papers) 1410.54442 18,500
County Clerk - archives grant completion (tax maps) 1410.54442                                                        13,043
County Clerk – purchasing large format plotter printer 1410.54442                                                     11,094
County Clerk - backfilling of instruments and maps into EDMS 1410.54442                                        22,000
      $64,637

 County Attorney
Mr. Wood explained the reclassification was to bring Mr. Flash to an appropriate level for the work he has undertaken.  He clarified that the former employee holding the position had been called “Deputy County Attorney”, but was actually paid an Assistant County Attorney scale.  Mr. Wood noted it is difficult to obtain qualified employees at a lower wage scale.

Mr. Proto, in response to an inquiry, was informed the books are actually an online set of Westlaw for legal purposes.  He then asked if the County’s legal resources could be consolidated and was informed that the County receives a substantial discount for this service and it is best to maintain access at the individual locations.
 
It was MOVED by Mr. Joseph, seconded by Mr. Sigler, and unanimously approved by voice vote by members present, to approve the following rollover request. ROLLOVER REQUEST APPROVED.

County Attorney- Deputy County Attorney – 2005 re-class 1420.51000262     3,162
County Attorney- Printer 1420.52206                                                               1,600
County Attorney- Computer software 1420.52230                                              300
County Attorney- Fax Machine 1420.52222                                                        550
County Attorney- Books 1420.54332                                                                  208
County Attorney- Equipment 1420.52220                                                           180
      $6,000

 Assessment
Mr. Franklin thanked the Committee for allowing the purchase of the vehicle prior to the rollover process in order to take advantage of State contract prices.

It was MOVED by Mr. Sigler, seconded by Mr. Joseph, and unanimously approved by voice vote by members present, to approve the following rollover request. ROLLOVER REQUEST APPROVED.

Assessment Department – Jeep Liberty 1355.52231             14,000
      $14,000

 Legislature
Ms. Kiefer inquired about the reclassification and was informed by Ms. Fuller, Deputy Clerk, that it was to bring Ms. Pottorff to the level of Chief Deputy Clerk that more appropriately reflects her experience and current duties.

It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously approved by voice vote by members present, to approve the following rollover request. ROLLOVER REQUEST APPROVED.

Legislature - computer software 1040.52230                                 753
Legislature – Personnel –Salary for re-class 1040.51000355     2,611
Legislature - office supplies 1040.54303                                       904
Legislature – Personnel – Fringe for re-class 1040.54303          1,018
      $5,286

 Administration
Mr. Whicher stated the requested funds will cover the second Deputy Administrator position for the balance of the year.  Mr. Sigler said from previous discussions he had not understood this was how they were to be funded.  Mr. Whicher explained the rollover request for this year will cover the additional salary and fringes for the balance of the year as well as the next one and one-half years.  He anticipates having additional revenue sources at that time to continue funding the positions.

It was MOVED by Ms. Kiefer, seconded by Mr. Joseph, and unanimously approved by voice vote by members present, to approve the following rollover request. ROLLOVER REQUEST APPROVED.
County Administration – Salaries 1230.51000 25,500
      $25,500

Review of Advisory Board Appointment Policies

 Ms. Herrera said the amendments to the policy are highlighted, with the first significant amendment occurring in procedure number five that contains Mr. Wood’s recommended language.  The Committee discussed this procedure regarding residency of applicants.  Mr. Joseph stated that often an individual could provide a great deal to an advisory board due to experience and/or position and he does not think an appointment should be tied to residency.  Ms. Herrera said she is concerned that the numerous in-commuters working in the County would be giving advice on policies that effect residents.  She said many policies begin at the advisory board level and therefore play an important part in committee policy setting.  She stated that allowing non-residents on advisory boards removes some of the democracy of local governing.  Mr. Sigler agreed with Ms. Herrera’s viewpoint and suggested that language could be crafted to indicate non-residency appointments as exceptions in certain circumstances.  Ms. Kiefer suggested inclusion of specific titles within bylaws that would clarify the County’s position regarding non-resident appointments.  Mr. Proto recalled a situation occurring several years ago where a highly qualified individual was not allowed to participate on an advisory board due to out-of-county residency.  He personally does not agree that out-of-county residents should be allowed in any capacity, voting member or non-voting member, as it still would provide influence in decision-making.

 Ms. Herrera said the policy is being reviewed to resolve the questions and she expects it can be done before the end of the year.  She suggested that Mr. Wood provide an amended policy that would reflect Ms. Kiefer’s statements.  Ms. Herrera believes that even if an amended policy does not pass the full Legislature, the information indicating the various concerns relating to residence would be known and taken under advisement in the future.  Ms. Kiefer clarified that her suggestion to designate seats would be in addition to the present language.  Mr. Joseph would prefer it be instead of the present language that he finds too ad hoc.  Ms. Herrera asked that all suggestions be provided for review at the next meeting.

Homeland Security Funding – Discussion

 Ms. Herrera said Mr. Joseph requested the Committee discuss the merits of the resolution drafted by New York State Association of Counties regarding a reduction of Homeland Security Funding for New York City.  Mr. Joseph said the resolution indicates that New York City should not be reduced as it is one of the largest terrorist targets.  Mr. Whicher indicated that the reduction is to offset the large allocation provided to New York City last year; if taking a three-year average there has not been any reduction.  Mr. Joseph said that homeland security funds are normally pork-barrel funding.  Mr. Whicher said it is provided through several means on a Federal and State level; in one year it may be the same for New York as it is for Wyoming.

 Following this discussion Mr. Joseph indicated there are enough questions regarding the issue that he feels the matter should be withdrawn.  Ms. Kiefer said if the facts stated by Mr. Whicher regarding the funding stream and poor budgeting practices were accurate she agreed it should not go forward.

Report from the Finance Director

 Mr. Squires did not have a report.  Ms. Kiefer noted that some municipalities allow the ability to pay for taxes by credit card and asked of Tompkins County allows this option.  Mr. Squires said no, and indicated that normally it is only done in metropolitan areas and that the reason individuals often choose to do so is for additional “bonus points.”

Human Rights

 Resolution
 It was MOVED by Mr. Joseph, seconded by Ms. Kiefer.  Mr. Proto inquired if the resolution was the result of a change of classification and what the salary level was.  Ms. Martel-Moore indicated the position will remain at the same classification; the request is to bring the position back to the original 35 hours per week.  She noted the reduction was initially made during the budgetary process one and one-half years ago; this will now accurately reflect the work completed.

 A voice vote resulted as follows:  Ayes – 4; Noes – 1 (Sigler); Excused – 2 (Randall, Stevenson).  RESOLUTION ADOPTED.

RESOLUTION NO.     -   INCREASE IN HOURS, PARALEGAL AIDE, OFFICE OF HUMAN RIGHTS

WHEREAS, the Director of Human Rights is taking on additional duties as a Deputy County Administrator, and
WHEREAS, the Director of Human Rights desires to maintain a reasonable level of service to the taxpayer and can only accomplish that goal by increasing the standard work week of a Paralegal Aide position from 17.5 hours per week to 35 hours per week, and
WHEREAS, such a change would be beneficial to the organization and would result in no change to the budget, now therefore be it
 RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, that the approved hours for one position of Paralegal Aide, (10-619) shall be increased from 17.5 hours per week to 35 hours per week effective immediately.
SEQR ACTION: TYPE II-20

Approval of the Tompkins County Council of Governments (TCCOG) Interim Bylaws and Appointment to the TCCOG

 Mr. Joseph indicated the resolution and bylaws were approved by the Town of Ithaca, with minor modifications to the bylaws.  He stated the TCCOG is different than the present municipal group in that it provides for discussion, however, powers are limited.  Mr. Joseph said the manner in which municipalities join is hoped to provide for better attendance at meetings.  The question of who should be appointed as the representative arose.  Mr. Joseph reported the Town of Ithaca had amended the bylaws to indicate the Town would be represented “by a person named by the appointing authority from each”, and then appointed Supervisor Valentino.  Members of the Committee agreed that the representative should be an elected official and requested the bylaws be amended to indicate the same.  In addition, minor amendments were made to clarify the purpose of the TCCOG.

 It was MOVED by Ms. Kiefer, seconded by Mr. Joseph, to approve the resolution and bylaws as amended.

 A brief discussion occurred during which it was noted that at the present time there is one representative for each municipality, which does not allow for a proportional “weigh-in” for the City’s higher population.  Mr. Joseph stated that the TCCOG is to be a discussion group that reviews possible ways for municipalities to save money, rather than to making actual decisions. Ms. Robertson believes that the group’s decisions may have stronger legal standing. Ms. Herrera stated that if the TCCOG’s authority is determined to be different than Mr. Joseph’s interpretation, she would advocate for proportional City representation.  In addition, it was noted that County administrative support of the Council was offered to show the County’s willingness to work with the group.

 A voice vote on the motion resulted as follows:  Ayes – 4; Noes – 0; Excused – 2 (Randall, Stevenson); Temporarily Out of Room – 1 (Proto).  MOTION APPROVED.

 WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents, and
 WHEREAS, the Committee has learned that other Counties have created a Council of Governments made up of local officials, and
 WHEREAS, the Tompkins County Council of Governments is intended to be an association of local governments organized to provide a forum of discussion, study, and negotiation leading to agreements for a more efficient, improved and a less costly delivery of government services, and
 WHEREAS, the County of Tompkins desires to be a member of the Tompkins County Council of Governments, and has reviewed the Interim Bylaws, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the County of Tompkins does hereby approve becoming a member of the Tompkins County Council of Governments and agrees to the terms outlined in the Interim Bylaws,
 RESOLVED, further, that ___________________ is appointed as the voting member and _____________________ as the alternate member.
SEQR ACTION:  TYPE II-20

The name of the organization shall be the Tompkins County Council of Governments (TCCOG).

Purpose

The TCCOG is an association of local governments organized to provide a forum for discussion, study, and negotiation leading to agreements for more efficient, improved, and a less costly delivery of government services.

The goals include: expanding cooperation among taxing entities and resolving duplication of services; improving communication among local governments in Tompkins County; improving involvement with School Districts; and, as an initial focus, reviewing the opportunity for a municipal health insurance consortium.

The TCCOG may seek, allocate, and administer appropriate funding from local, state, federal, and private sources, including various grants, to support the accomplishment of the goals.  The TCCOG shall comply with the fiscal requirements of Article 5-G of the New York General Municipal Law, including those related to approval of budgets by member governments, custody of money by a fiscal officer of a member government, and payment of money upon audit of claims.

Membership

A.  Member:  Members will be an elected official from each: city (1), county (1), town (9) and village (6).  Membership shall be contingent upon the adoption of these Bylaws by the governing body of the municipality.

All other elected officials are welcome to attend and participate in the discussions.

B.  Alternate Member Representative:  Each municipality shall designate an alternate member representative to attend if the appointee is unable to attend.

No municipality would be bound to participate in the majority decision of the Council.
 
IV. Officers

The officers of the TCCOG will be the Chair and Vice Chair.

Nomination

Officers will be nominated by the TCCOG from among member representatives present at the organizational meeting and approved by a majority vote of those present.

Term

Officers will be elected for a one-year term, or until official bylaws are approved by the member local governments.

Vacancies

Should a vacancy occur in any office of the TCCOG, the Council will accept nominations for the replacement from among its member representatives and approved by a majority vote of those present.

A vacancy occurs only upon the receipt, by the Chair, of a letter of resignation.

Duties

The officers of the TCCOG shall undertake the duties commonly associated with these positions.  The Chair shall set agendas and preside over Council meetings.   In the absence of the Chair, the Vice Chair shall preside.

Support to the Council

The County Administrator will continue to provide support and assistance to the Council.  The County will provide staff support to take minutes, send out agendas and draft minutes, and keep records.

V. Meetings

Meetings will be held monthly at an established date and time.  Meetings shall be open to the public.

Upon the acceptance of these Interim Bylaws by at least 6 of the municipalities, there will be scheduled an organizational meeting of the Council.  At the Organizational Meeting the Chair and Vice Chair will be elected.

A.  Quorum

A quorum shall consist of a majority of the whole membership.

B. Voting:  Each constituent member shall have one (1) vote.  Decisions are based on a majority vote of those present at the meeting.

Naming of Bridge No. 3314340 in the Town of Lansing

 Mr. Sigler would like to request naming Bridge No. 3314340, located on Myers Road, Town of Lansing, after long-time resident Nick George.  He said County Policy 01-32 did not prohibit this action.

 It was MOVED by Mr. Sigler, seconded by Mr. Joseph, to approve the following resolution.  A discussion followed during which Mr. Joseph, Ms. Herrera, and Ms. Kiefer suggested that this action should be undertaken by the municipality rather than the County. Perhaps the Town of Lansing could pass a resolution indicating a desire to do so.  The majority of the Committee did not feel it was proper for the County to take action on a matter that, although worthy, is more appropriate at the municipal level.  Mr. Sigler withdrew the resolution and noted he will have a municipal official attend a subsequent meeting to discuss the matter further.

 WHEREAS, Nick George was a lifelong resident of Myers Point.  He was not only a benevolent person, but one who dedicated his time to assisting others in need, whether it be an electrical wiring problem or fixing a lawn mower or just helping the elderly with household chores, and
 WHEREAS, Mr. George was employed at the BOCES where he was lauded by Dr. Roy Dexheimer, the Superintendent of Schools, as one who would go far beyond his regular duties to assure buildings were maintained in perfect shape, and
 WHEREAS, as far as a community volunteer, Nick would be seen assisting at fund raising chicken barbeques and other events.  He was of impeccable character, now therefore be it
 RESOLVED, that Bridge No. 3314340 in the Town of Lansing, the bridge into Myers Park, be known from this time on as the Nick George Memorial Bridge.

Resolution - Urging President Bush To Stop Warrantless Surveillance Of Americans And To Follow The Foreign Intelligence Surveillance Act

 Ms. Kiefer indicated there are varied opinions regarding the ability of Congress to limit the Presidential power to initiate warrantless surveillance.

 It was MOVED by Ms. Kiefer, seconded by Mr. Joseph.  Ms. Herrera said she supports the resolution as she believes that what is occurring is against the Constitution and the values our county was founded on.  Mr. Sigler will not support the resolution; he questions whether the implied misconduct can be authenticated.

 It was MOVED by Mr. Proto, seconded by Mr. Sigler to postpone action on the resolution.  A voice vote on the motion resulted as follows:  Ayes – 2 (Proto, Sigler), Noes – 3  (Herrera, Joseph, Kiefer). MOTION FAILED.
 
 A voice vote on the motion resulted as follows:  Ayes – 3 (Herrera, Joseph, Kiefer); Noes – 2 (Proto, Sigler).  RESOLUTION APPROVED.

RESOLUTION NO.    – URGING PRESIDENT BUSH TO STOP WARRANTLESS SURVEILLANCE OF AMERICANS AND TO FOLLOW THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
 

 WHEREAS, the welfare and security of all residents of Tompkins County depends upon the maintenance of a vigorous democracy under law, in which the branches of government work effectively and cooperatively together, and
 WHEREAS, the Fourth Amendment of the United States Constitution states:  “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, an particularly describing the place to be searched, and the persons or things to be seized,” and
 WHEREAS, the Foreign Surveillance Act of 1989 (FISA) regulates electronic surveillance within the United States, with the goal of striking a proper constitutional balance between protection of civil liberties and safeguarding national security, and
 WHEREAS, FISA provides a legal mechanism for the United States government to engage in surveillance of a foreign power or of an agent of a foreign power in instances when it is likely that the surveillance will acquire the contents of a communication with a United States-based person, and
 WHEREAS, FISA and specified provisions of the federal criminal code spell out the exclusive means by which electronic surveillance may be conducted, and federal law makes criminal any electronic surveillance not authorized by statute, and
 WHEREAS, FISA provides specific exceptions that allow the President to authorize warrantless electronic surveillance for foreign intelligence purposes in emergency situations, provided an application for judicial approval from a FISA court is made within seventy-two hours and within fifteen calendar days following a declaration of war by Congress, and
 WHEREAS, President Bush has directed the National Security Agency (NSA) to conduct secret and warrantless electronic surveillance of persons within the United States without any plausible legal authority for such surveillance, and this appears to be in direct violation of FISA and the Fourth Amendment to the United States Constitution, and
 WHEREAS, those actions diminish the rule of law and do not enhance national security, now therefore be it
 RESOLVED, That the Tompkins County Legislature, on behalf of all residents of Tompkins County supports the vigorous pursuit and prosecution of persons and organizations that plan terrorist acts anywhere in the world,
 RESOLVED, further, That the Tompkins County Legislature calls upon the President to abide by the limitations that the Constitution imposes on the Executive branch under our system of checks and balances and to respect the essential roles of the Legislative branch and the Judicial branch in ensuring that our national security is protected in a manner consistent with constitutional guarantees,
 RESOLVED, further, That the Tompkins County Legislature opposes President Bush’s order to the National Security Agency to intercept telephone and e-mail exchanges between the United States and overseas without court authorization, as required under FISA, and to engage in warrantless wiretapping of calls within the United States,
 RESOLVED, further, That the Tompkins County Legislature requests the President to immediately direct the NSA to observe FISA’s requirements, and urges the President if he believes that FISA is inadequate to safeguard national security, to seek appropriate amendments or new legislation rather than acting without explicit statutory authorization,
 RESOLVED, further, That the Tompkins County Legislature urges all County government agencies and each County person and business entity that receives a request to cooperate in the electronic surveillance of a person with the United States to first obtain assurance from the state or federal government agency making the request that it is lawful under FISA or applicable provisions of the federal criminal code,
 RESOLVED, further, That the Tompkins County Legislature requests that the New York State Attorney General assist, and if needed, intervene on behalf of, any Tompkins County resident who is asked to cooperate in the electronic surveillance of a person within the United States when such person was unable to receive an assurance that the request is lawful under FISA or applicable provisions of the federal criminal code,
 RESOLVED, further, That the Tompkins County Legislature urges Congress to conduct a comprehensive and open investigation to determine:  (a) the nature and extent of electronic surveillance of U.S. persons conducted by any U.S. government agency for foreign intelligence purposes that does not comply with FISA; (b) what basis or bases were advanced for the legality of such surveillance; (c) whether Congress was properly informed of and consulted as to the surveillance; (d) the nature of the information obtained as a result of the surveillance; (e) whether the surveillance information collected was retained or shared with other agencies; and (f) whether this information was used in legal proceedings against any U.S. citizen or resident,
 RESOLVED, further, That the Tompkins County Legislature urges Congress to thoroughly review and make recommendations concerning the intelligence oversight process, and urges the President to ensure that the House and Senate are fully and currently informed of all intelligence operations as required by the National Security Act of 1947,
 RESOLVED, further, That the Tompkins County Legislature directs the Clerk of the Legislature to send a copy of this resolution to President George W. Bush, U.S. Attorney General Alberto Gonzales, U.S. Senate Majority Leader Bill Frist, Senator Charles Schumer, Senator Hillary Clinton, Congressman Maurice Hinchey, Congressman John R. Kuhl, members of the New York Congressional Delegation, and to State Attorney General Elliot Spitzer.
SEQR ACTION:  TYPE II-20

Administrative Manual Policies

 01-00 - Minutes of Meetings of the Legislature and its Committees

A brief discussion regarding amending the policy occurred during which Ms. Kiefer indicated she did not understand why the policy was being amended.

Mr. Joseph was excused at this time.

Ms. Kiefer indicated a preference to begin with the policy that specifies how to amend County Policy.  Ms. Herrera said she chose to start with this policy with the desire to clarify the process and save Committee time spent on discussion of minutes.  Mr. Proto said many discussions regarding minutes have occurred over the years and, at times, amendments by some Legislators reflect more a desire to state a specific belief than what was actually said at the time.  He would like to have the policy indicate the minutes are a record of actions taken, with a brief summary of the discussion.

Ms. Herrera asked the Committee members present or assigned for today’s meeting to provide in writing suggested amendments prior to the next Committee meeting for review.

Mr. Whicher suggested that the Administrative Manual Policies be tabled, pending an editorial review, and be brought back to the next meeting.  Ms. Herrera agreed and tabled the policies.

Budget Transfer

 Ms. Kiefer said she reviewed the budget transfer and inquired what had been done with the office furnishings for the previous Deputy County Administrator.  Mr. Whicher indicated the furnishings had been disbursed among other Administration staff.  A brief discussion on the benefits of computerized video streaming of Legislature meetings occurred and on the colored printer utilized by the Strategic Tourism Planning Board.

Public Information Officer Survey

 Mr. Whicher provided members of the Committee with the recently completed Public Information Officer Survey.  This item will be discussed at the next meeting.

Approval of Minutes

 May 17, 2006
 It was MOVED by Mr. Randall, seconded by Ms. Kiefer, to approve the minutes of May 17, 2006, as submitted (with the recommended revisions by Ms. Kiefer).

 Ms. Kiefer inquired about the minutes of June 6, 2006; they will on the next meeting agenda.

Voting Machines

 Ms. Kiefer stated there will be only one acceptable machine for handicapped individuals to utilize in the election this fall and it will be centrally located in Tompkins County at the Board of Elections.  She is concerned that it will deny a degree of privacy if there is only one such voter in an election district, as well as having a potential transportation problem for handicapped voters.  She would like to see outreach take place to assist with these problems, such as urging other voters from outlying districts to vote on the one accessible machine, and offering transportation for handicapped persons.  Ms. Herrera said she will ask the Pubic Information Officer to assist with this outreach.

Adjournment

 The meeting adjourned at 4:58 p.m.