Called to Order

 The meeting was called to order at 3:02 p.m.

Additions/Deletions to Agenda

 The following items were added to the agenda:

· Rollover Request – Finance
· Rollover Request – Legislature

Chair’s Report

 Ms. Herrera reported that at the August 1st Legislature meeting Mr. Bo Lipari, of New Yorkers for Verified Voting, as well as Tompkins County Election Commissioners, Elizabeth Cree and Stephen DeWitt, will be providing an update on HAVA and voting machines.  In addition, she reported the Budget and Capital Committee will be taking up the issue of a call for Statewide Aid School Reform, which is designed to shift the tax burden from local government to the State level, with the intent that the State provide appropriate levels of funding throughout the State.  Ms. Herrera reported that information relating to Civil Service residency requirements, was brought up at the Personnel Committee, noting it may be of value when reviewing residency requirements for advisory boards.  Ms. Kiefer explained that the Personnel Committee has requested more details on residency requirements in both Civil Service Law and Public Officials Law.

Finance

 Rollover Request
 
 Mr. Squires stated he has requested rollover funding to enable an upgrade of the County’s accounting system.  He has discussed the matter with Mr. Potter, Director of Information Technology Services.  Mr. Potter provided the Committee with information relating to the present software utilized and noted that due to technological advances in the industry, the present program will be invalid within 1.5 years.  Mr. Potter determined that it would be beneficial to the County to make the transition in the program and therefore desiring to make it a joint project and is requesting rollover funds from his department to enable this upgrade.  In response to Ms. Kiefer’s question, his portion is approximately $5,000.  The new program will require annual maintenance costs, which is standard for programs.

 Ms. Kiefer expressed her disappointment in the present system, noting she felt it should be capable of producing a variety of reports upon demand.  Mr. Squires indicated the program has the capability; his difficulty is that he must follow State reporting standards which are limiting factors.
 
It was MOVED by Mr. Randall, seconded by Mr. Stevenson, and unanimously approved by voice vote by members present, to approve the following rollover request for use in 2006. ROLLOVER REQUEST APPROVED.

Finance Department – joint project with ITS, which will result in upgrade of financial reporting system (Pentamation).  Upgrade requires new dedicated server, new operating software ($3,932.27), and training ($2,295) for operation system (SCO)
Software License Fee 1315.54422 $5,642
Training SQL 1315.54400 $2,104
Dedicated Server to Host Application 1315.52206 $4,768
(Maintenance $5,642)    $12,514

 Delinquent Tax Property Information

 Mr. Squires reported on a legal matter being undertaken to request that a particular property be abandoned from bankruptcy due to the failure to pay new and current tax obligations as provided by law.  In addition, he provided an initial report regarding delinquent tax procedures.  He explained that at this time he is in the process of requiring title searches on the properties that are subject to foreclosure proceedings this year.  Mr. Squires expressed concern over several of the properties due to specific type of property as well as unusual legal ramifications surrounding some of them.  The properties with the largest overdue taxes are located within the Villages of Groton and Cayuga Heights, as well as the Towns of Dryden, Ithaca, and Lansing, and include properties such as apartment buildings and two mobile home parks.   Members of the Committee discussed various aspects of the different properties to determine if any solutions are viable.  At this time it does not appear suggested actions would be appropriate.  Mr. Whicher, County Administrator, spoke of the need to closely follow the matter that could have future financial ramifications.

 Ms. Herrera asked that municipalities be notified in advance of the various concerns.

 Mr. Squires stated that the lists are provided to municipalities as a result of the title search process.  In addition, he noted that for Lakeside Nursing home the largest party to be effected in the event of failure to pay would be the school district.

County Administration

 Mr. Whicher did not have a report.  He stated that he has been working on items for the 5:00 p.m. Legislature executive session when contract negotiations will be discussed.

Public Information Officer

 Public Information Survey
 Ms. Lynch, Public Information Officer, reported that since she started her position ten days ago prior, she has reviewed the reports and survey provided and has begun scheduling appointments with departments, staff, and legislators to assess and follow-up on information contained in the survey and discuss the County’s public information marketing needs.  In addition, she plans to use the information to determine how to work effectively with all department, legislators, and staff, to develop a strong, effective marketing program for the County.

Communications Policy – County E-mail System

 Mr. Potter, Information Technology Services Director, spoke to the Committee regarding his concerns with the present communications policy, in particular the inability to easily maintain, store, and retrieve specific e-mail relating to County government.  He explained how the present e-mail software operates and noted that at this time although e-mail is backed up on a regular basis, no specific archival features are present.

 Mr. Potter presented the Committee with the following suggested amendment to the County Communication Policy, noting it reflects the present system’s capabilities and limitations:
 “Records, e-mail, correspondence, and electronic data transmitted through the County’s e-mail system have the same retention periods as records in other formats and need to be identified, managed, protected, and retained as long as they are needed to meet operational, legal, audit, or other requirements.  The County’s e-mail system is provided as a communication system and is not intended to meet the needs related to departmental or County records retention requirements and programs.  Records needed to support County functions should be retained, managed, and accessible in existing filing systems outside of the County’s e-mail system in accordance with appropriate County, departmental standard practices, or New York State disposition schedules established for County government.”

 The Committee briefly discussed the legality of the statement, potential cost of a project to change the e-mail program, and training following implementation of a new system.  Ms. Younger, Deputy County Administrator, spoke of her experiences in a previous position where they went through a similar change, and noted organizational culture had to change, too.  Mr. Potter noted that if a new program for e-mail were installed, the policy would be amended to reflect the particular system.  The estimated cost for a new system would be between $60,000 - $80,000, coupled with annual maintenance costs.  Mr. Whicher indicated his belief that an upgrade in software and procedure is necessary to develop appropriate protocols.

 Mr. Potter believes that any policy change should be appropriately timed with changes in the e-mail system to enable coordinated training of both program and policy.  Ms. Kiefer felt the information and concerns discussed should be shared with the full Legislature.  Mr. Potter will be drafting information to provide additional information on the topic. Ms. Herrera requested that he forward his draft to Ms. Kiefer and Ms. Herrera for review.

Review of Advisory Board Appointment Policy 01-26

 Ms. Herrera noted that discussions occurred at the Personnel Committee meeting relating to residency requirements for Civil Service positions, which may be useful when reviewing residency requirements for advisory board appointments.  Ms. Kiefer noted three categories in State law were  mentioned at the Personnel Committee meeting, which requested more information, and she thought these categories could be relevant  for this policy as well.

 It was MOVED by Ms. Kiefer, seconded by Mr. Randall, to adopt the amended policy.  Ms. Kiefer indicated she made the motion to open discussions, but she is not certain it should be acted upon without the additional information requested at the Personnel Committee meeting.  Mr. Stevenson indicated he would not support the amendment as he does not believe the Legislature should approve bylaws that allow one or more members to be non-residents; he does not believe that the amendments would improve the required scrutiny regarding residency.  Ms. Herrera is in agreement with Mr. Stevenson regarding residency.  Mr. Sigler said he does not feel the statement in 5a is appropriate, and is too broad; however, he feels that 5b does provide appropriate limitation.

 It was MOVED by Mr. Sigler, seconded by Mr. Randall, to amend the language to strike out the following language from 5.: either (a) specifically permit one or more non-resident members or.   Ms. Kiefer wanted assurance that the amendment’s intent would not change existing situations.  Mr. Sigler indicated it was not his intent to do so.  Mr. Stevenson clarified that he doesn’t believe the Legislature should  approve bylaws providing for non-residency of members; he would like those living in the County to assist in decision-making process.  Mr. Joseph said he strongly feels that individuals who may not reside in the County can be valuable assets due to experience, however, in order to provide limitations to the policy, an amendment indicating people must be County residents except where the appointment is for a particular position would be required.

 Following the discussion, Ms. Kiefer accepted Mr. Sigler’s motion as a friendly amendment.

 A voice vote on the original motion, as amended, resulted as follows:  Ayes – 4 (Legislators Herrera, Kiefer, Randall, and Sigler); Noes – 1 (Legislator Stevenson).  MOTION ACCEPTED.

1. Advisory boards, commissions and committees, made up of interested lay volunteers, affiliated with Tompkins County government are shown in the attached list shown below.

2. Members of these advisory bodies are appointed by the Board of Representatives Tompkins County Legislature or the Chair of the Board Legislature according to the procedure outlined in the Rules of the Board Tompkins County Legislature.  Names of persons interested in serving on an advisory body should be submitted to the Board Legislature committee within whose area of responsibility the advisory group would fall (contact the Clerk of the Board Legislature for current committee responsibilities).  The Board Legislature Committee will carry the name through the appointment procedure.  A file of names of persons interested in serving on advisory boards will be maintained in the Office of the Clerk of the Board Legislature.

3. All appointed members of County-affiliated boards, commissions and committees must take and file an official oath in the manner prescribed in the Public Officers Law (see Policy 01-14).

4. Some advisory bodies have the power as granted by Tompkins County Charter and Code to draft bylaws for approval by the Board of Representatives Tompkins County Legislature, elect officers from its membership (unless otherwise provided by Board Legislature resolution), and establish committees.  Prior to submission to the Committee of the Board of Representatives Tompkins County Legislature for approval, new or amended bylaws must be submitted to the County Administrator's office and the County Attorney for review.  Updated copies of bylaws must be kept on file in the Office of the Clerk of the Board of Representatives Tompkins County Legislature.

5. All advisory board members must be residents of Tompkins County, except where State or Federal law provides otherwise or where the County Legislature approves advisory board bylaws that either (a) specifically permit one or more non-resident members or (b) provide that one or more seats on the advisory board will be filled by the holder of a particular office or position.

Rollover Request Legislature

 Ms. Herrera explained the rollover request was to provide a position for approximately 13 weeks, up to thirty-hours per week, to assist with completing the necessary preparation of documents for the Tompkins County Legislature Journal of Proceedings.  Ms. Kiefer inquired if the individual is presently in the position being requested.  Ms. Fuller explained the employee presently in the Legislature is through a limited Workforce Development program.  Ms. Covert, Clerk of the Legislature, would like to retain the individual for an extended period of time to assist with this project.  Ms. Kiefer asked if indexing of the Proceedings would be the responsibility of regular staff or the proposed Project Assistant.  Ms. Fuller stated the Project Assistant will be typing in documents not available electronically due to program upgrades, regular staff will index the proceedings.

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

Project Assistant to assist with publication of the Journal of Proceedings 1040.510000049 $3,900 $3,900

Review Rules of the Legislature

 Rule VII – Rules of Voting – Paragraph (2)
 Ms. Herrera said the topic came up as a result of a question at a Legislature meeting regarding direct interest in a vote.  She indicated that while it states “unless that member has a direct interest in the result of the vote”, it does not clarify who is responsible for a determination of “direct interest”.  As a general rule, the County Attorney has provided advisement upon request.  Mr. Joseph said he believes that the purpose of the rule is to prevent individuals from avoiding a vote by requesting to be excused.  He believes there are two ways to clarify the decision-making of “direct interest”, either through unanimous consent of members present, or a change to indicate that if the County Attorney rules that there is a direct conflict no vote will be required. Ms. Kiefer believed both were fine, but thought the County Attorney’s decision as an impartial arbiter was more valid and appropriate.  Mr. Sigler and Mr. Randall agreed with Mr. Joseph’s statements; Mr. Stevenson believes the County Attorney should be the arbitrator in the described situation.  Ms. Herrera said she does not believe this is the County Attorney’s decision, but feels it is good to seek his advice.  She believes it is up to the individual legislator to recognize a conflict.  Ms. Herrera said she cannot support the amendment, she does not feel that people attempt to avoid votes and thinks the present system works; that as an elected official an individual should have the ability to judge appropriately without the County Attorney being required to make a final determination.

 It was MOVED by Ms. Kiefer, seconded by Mr. Stevenson, to amend the language of Rule VII – Rules of Voting – Paragraph (2) as follows:  “(2) Every member present when a vote is taken upon any question shall vote unless excused by unanimous consent of all members present, or unless the County Attorney upon Legislature request advises that that member has that a member has a direct interest in the result of the vote.  The Chair shall in all cases, except upon appeals from rulings of the Chair, have a right to vote.”  A voice vote on the motion resulted as follows:  Ayes – 4 (Legislators Kiefer, Randall, Sigler, Stevenson); Noes – 1 (Legislator Herrera).

 Additional Consideration of Rule VII – Rules of Voting – Paragraph (2)
 Mr. Joseph asked that the Committee take up the last portion of Rule VII – Rules of Voting, explaining that the Rules of the Tompkins County Legislature state “The Chair shall in all cases, except upon appeals from the rulings of the Chair, have a right to vote”, which allows the Chair to always vote with the exception of an appeal of a ruling. However, if the County rules do not cover a particular area, Robert’s Rules apply.  When a ruling is challenged, with the statement “shall the question of the Chair be sustained,” Robert’s Rules present a conflict with our rules.  Mr. Joseph agreed with the principle that a majority should be able to overrule the Chair, and that a tie should sustain, particularly if the Chair is not voting, as it would be assumed his/her vote would break the tie.  In the County’s situation, the County rules require eight votes to pass the motion; if there were a tie, the Chair’s vote would not sustain.  Ms. Kiefer noted that in the question of which set of rules would prevail it is indicated that the County rules prevail.

 Additional Consideration of Rule VII – Rules of Voting – Paragraph (1)
 Mr. Joseph shared information regarding attendance at Legislature meetings to date for the year.  He expressed his concern that due to the present rule structure, eight votes are required to pass action items, yet due to absences at meetings situations may occur where passage is not possible.  He would like to have the Committee consider amending the rules to indicate a majority present.  Ms. Herrera thought perhaps a consideration of amending the time of the meeting would assist in attendance.  Ms. Kiefer stated she would not agree to an amendment of requiring simply a majority of those present.

Public Information Survey
 
 Ms. Kiefer stated she believed one purpose of the survey was to provide a basis for revision of the job description for Public Information Officer and asked if that has occurred.  Ms. Lynch said it is one aspect reviewed prior to her employment and that it appears the duties are adequate but that a revision in the focus of the position may be needed.

 With regard to Ms. Kiefer’s questions about the Public Information Advisory Board, Ms. Lynch and Mr. Grogan indicated that the Public Information Advisory Board is comprised of eight members with staggered two-year terms.  At the present time there are only four members – Geoff Dunn, Larry Roberts, Pat Pryor, and Chuck Broadhead -- and a canvass of individuals to fill the vacancies will be taking place in the near future.  This advisory board will be meeting next week.  Mr. Randall, Committee liaison to the Pubic Information Advisory Board, stated a potential conflict with his attendance due to work schedules; Mr. Stevenson stated he is willing to attend whenever possible.

County Clerk

RESOLUTION NO.     – INCREASE IN HOURS – DEPARTMENT OF MOTOR VEHICLE SUPERVISORY – COUNTY CLERK

 It was MOVED by Mr. Stevenson, seconded by Mr. Sigler, and unanimously approved by voice vote of members present, to recommend approval of the following resolution to the full Legislature.  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Clerk wishes to increase the hours for the position of Department of Motor Vehicle Supervisory from 37.5 hours per week to 40.0 hours per week to accommodate the pressure of business, and
 WHEREAS, the Tompkins County Clerk wishes t maintain a level of service only possible by having this position designated as a forty-hour work-week, and
 WHEREAS, such change would be beneficial to the organization and would result in increased efficiency, now therefore be it
 RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the standard work week for one position of Department of Motor Vehicle Supervisor (210) Labor Grade N84, be increased from 37.5 hours per week to 40.0 hours per week, effective August 7, 2006,
 RESOLVED, further, That no additional funding is required.
SEQR ACTION:  TYPE II-20

RESOLUTION NO.  – AUTHORIZATION TO ACCEPT A GRANT FROM THE STATE ARCHIVES

 It was MOVED by Mr. Stevenson, seconded by Mr. Randall, to recommend approval of the following resolution to the full Legislature.  It was noted the grant will be utilized to hire Challenge Industries to assist with the transfer of deeds from 1870 to an electronic document.  It is hoped the project will be completed by July of 2007.    A voice vote on the resolution resulted as follows:  Ayes – 5; Noes – 0.  RESOLUTION ADOPTED.

 WHEREAS, the County Clerk’s Office has been notified of a grant award from the State Archives in the amount of $34,814, and
 WHEREAS, the State Archives grant represents a project for the County Clerk’s Office to back file deed records into their Electronic Document Management System, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award,
 RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment:

 APPROPRIATION: A1410.54442 Professional Services $38,814
 REVENUE:  A1410.43089 Other State Aid  $38,814
SEQR ACTION:  TYPE II-20

Approval of Minutes of June 6 and June 21, 2006

 It was MOVED by Mr. Randall, seconded by Mr. Stevenson, to approve the minutes of June 6 and June 21, 2006, as amended.  A voice vote resulted as follows:  Ayes – 4 (Legislators Kiefer, Randall, Sigler, and Stevenson); Noes – 1 (Legislator Herrera).  MINUTES APPROVED.

Adjournment

 The meeting adjourned at 4:30 p.m. to partake of a tour of the County Clerk’s Offices.

Respectfully submitted by Karen Fuller, Deputy Clerk.