July 10, 2006

Efficiency, Reform and Intergovernmental Affairs Committee of the

Ulster County Legislature

6-9:05pm

Committee Member Attending

Gary Bischoff, Chairman        Tracey Bartels

Peter Liepmann                       Brian Shapiro

Charles Busick                        Susan Cummings

Hector Rodriguez (briefly attended, not present for any votes)

Others in Attendance

Board of Elections:

John Parete, Commissioner (briefly attended)

Thomas Turco, Commissioner

UC Legislature:

            Brian Cahill                 Peter Kraft

County Attorneys:

            Josh Koplovitz           Bea Havranek

            Elena Maskell, Paralegal

UC Purchasing:

            Robin Peruso

UC EMC/WQMA:

            Rick Fritschler

UC Planning Board:

            Robert Oaks, Olive

            Toni Hokanson, New Paltz (Presenter)

            Thomas Wilkin, Plattekill

            Roxanne Pecora, Esopus

            Richard Praetorious, Saugerties

            Harry Anderson, Jr., Hurley

            Daniel Little, Wawarsing

            Renno Budziak, Ulster

Charter Commission:

            Renee Sachs                John Dwyer

            Marianne Collins        Gerald Benjamin

League of Women Voters:

            Cindy Berl                  Lenore Ridgeway

            Tom Kadgen               Jim McGarry

            Jean McGarry

Other (no organization specified):

            Allan Wikman

  Thomas Turco, Commissioner, Board of Elections, spoke briefly to report on the expansion project at the BOE. He had a conversation earlier that day with Jim McTaige who will be sending the new design plan. There is an addendum stating that August 1^st is the start date to pay additional rent. Commissioner Turco also informed the Committee that he picked up the new “Plan B” machine which will be placed at the Board of Elections for use by persons with disabilities during the Primary (September 12) and General (November 7) Elections.  

Chairman Bischoff asked for an update on HAVA (Help America Vote Act.) Commissioner Turco reported that various grants exist to upgrade polling places to comply with ADA accessibility standards. Commissioner Turco added that it is now the responsibility of the BOE to inspect each polling place (~115 in UC) to evaluate for ADA compliancy. BOE staff attended accessibility training on Friday, July 7, 2006 provided by the NYS Commission on Quality of Care and Advocacy for Persons with Disabilities.

Chairman Bischoff asked for a clarification on “Plan A” vs. “Plan B” machines. Commissioner Turco explained that “Plan A” refers to ADA Accessible machines that must be used in 2007. “Plan B” refers to the machines that will serve as a temporary solution for 2006 elections as agreed upon by the Department of Justice and NY State. Commissioner Turco also informed the Committee that the state will accept applications from voting machine vendors starting on July 15 or 18.

Legislator Bartels asked if Commissioner Turco knew what type of machines have applied, DRE or Optical Scan. Commissioner Turco informed her both.

Legislator Bartels asked if Commissioner would get a copy of vendors who have submitted applications Commissioner Turco said he would look into it and forward the information to Chairman Bischoff via email.

Commissioner Turco closed by stating that the BOE was continuing to work with the state to get the HAVA mandated Statewide Voter Database up and running. He informed the Committee that the BOE is now required to electronically send daily updates to Albany.

Chairman Bischoff thanked him for his time

Vic Work presented a summary of his findings regarding fleet management in UC (see attached summary.) He began speaking with various UC departments as well as Dutchess and Rockland counties on May 15, 2006. Vic advised the Committee that RC is ~2 years ahead of UC in implementing a comprehensive fleet management plan, that said, he informed the Committee that the RC County Executive has been “sitting on the proposal.” DC Fleet Management is located at Central Auto which is equipped with a security fence to protect their ~360 vehicles, not including highway vehicles or buses. Vic continued his report by stating that UC has ~253-254 vehicles, not including highway or buses, and that he recommends use of the UCAT computer program to keep track of fleet numbers, maintenance schedules, usage, expenses as compared to “blue book” values, etc. Vic determined the largest problem to be the lack of a single office responsible for fleet management and upkeep. According to Vic, this creates a situation where the various departments involved deny responsibility for certain aspects of management. Vic offered three options for the future. 1.) Maintain the status quo with the County Purchasing Department assuming the role of Fleet management (he did not think this option would work,) 2.) Implement a variation of last years plan that has not been acted upon yet which would create the position of Garage Supervisor, allow for hiring of an additional mechanic at Central Auto. Vic felt that another mechanic was necessary because currently there is not enough time for current staff to perform preventative maintenance procedures such as coolant and transmission flushes, etc. which leads to premature breakdown and replacement of vehicles. Under this plan vehicle maintenance logs would be updated once/week) at the moment there is no mechanism for determining miles/gallon which can aid in identifying underperforming vehicles before problems arise. This plan also requires logs of “on-call” to be kept in order to analyze who is responding to calls, manage contact information for individuals for on call employees. This plan also includes a vehicle replacement program. Vic continued by recommending that Central Auto needs to find a new home and must be equipped with security fencing (as an aside Vic said that Information Services has to return their modem so they can get online.)

Chairman Bischoff asked, in light of what needed to be done, referring to the Charter, if this issue could be moved to the Administrative Services Committee.

There were conversations between Legislators Bartels, Shapiro Liepmann and Cahill about scheduling another meeting to discuss in Efficiency, Reform and Intergovernmental Affairs Committee before moving it to Administrative Services in recognition of work put in to the study and request for a recommendation.

Chairman Bischoff recommended Committee members attend the next Administrative Services meeting.

Legislator Shapiro stated that he had a number of questions and would like another meeting before sending to Administrative Services.

Legislator Cahill stated that he was looking for a recommendation from the Committee before Administrative Services reviews.

Robin Peruso added that this need has been recognized for years.

Legislator Cahill mentioned that UCAT has a program up and running which costs ~$500/license.

Vic Work stated that that software has the ability to interface with all fueling systems, including hybrids. He advised the Committee that there are no diesel vehicles in the fleet.

Legislator Kraft inquired about the report >$200,000 paid out for personal reimbursements.

Vic responded that that is due to insufficient use of vehicles.

Legislator Kraft asked how to effectively manage fleet better and asked about how cars would be kept track of currently and how the county knows who has a car to begin with.

Vic answered that the Fleet manager would be responsible for that, and told Legislator Kraft that there are probably a number of cars not currently in use.

Robin Peruso added that this system would be based on data collected, but that may take 6 months to be an effective tool.

MOTION: by Legislator Liepmann, 2^nd by Legislator Cummings to schedule another meeting to discuss Fleet Management further before sending to Administrative Service Committee. PASSED UNANIMOUS VOTE (Legislator Rodriguez not present.)

Chairman Bischoff informed the Committee that, in light of Charter review, that Robin Peruso agreed to postpone her presentation on the Central Auto Rate Change.

Robin said briefly that she met with Personnel Department to review salaries and that she would be available this week.

Chairman Bischoff informed the Committee that Legislator Roberti agreed to come to a different meeting to report on the County Wide Accountability Program, also in light of the Charter review.

Charter review began with EMC recommendations (see attached email and copy of Article XXXVI UC EMC.)

Josh Koplovitz and Bea Havranek concurred that the Charter, relative to EMC, is appropriate in its current form and advised the Committee that they said as much in a letter.

Gerald Benjamin added that the Charter Commission reviewed the materials and added power to EMC in accord with the 2004 Legislative Resolution. Changes were sent to Chairman Bischoff via email.

Legislators Shapiro and Bartels requested copies of the email.

Vic Work went to make copies.

Rick Fritschler stated his concern that there needs to be minimum qualifications for the Chairman position created through the Charter. He also said that the Chairman being elected by the Council is contrary to the rules of both the State and the Council.

Chairman Bischoff responded that minimum qualifications are not specified for other positions created by the Charter.

Josh Koplovitz reminded the Committee that there is an Administrative Code that goes with the Charter.

Rick stated his concern that without minimum qualifications you could end up with a past employee who takes over the EMC and runs rampant.

Legislator Bartels interjected that the minimum language present in the Charter is fine, but questioned the Attorneys as to whether there was a legitimate conflict with state law.

Bea Havranek answered that the Charter can override state law.

Legislator Shapiro asked for clarification on the state law and the possibility of conflict.

Bea Havranek answered that the Charter gives UC all kinds of power that would supersede state law. She advised the Committee that she would need specifics to investigate conflicts with state law.  

Legislator Bartels, advising the Committee that she was just thinking out loud, that if the Council elects the Presiding Officer to manage the MS4 Program you would be, essentially, putting a volunteer in charge of a multi-million dollar program. This would be trouble.

Rick stated that once someone is appointed they become a Public Officer and need accountability.

Legislator Liepmann asked the Commission if there was any legal problem with having the EMC Chair appointed by the Executive Department.

Gerald Benjamin responded that the Charter Commission doesn’t have an Executive Department, but is advisory, not an agency of county government. He advised the Committee that it is in their purview to do that, but they did not and therefore the Commission did not do a deep study of it. He told the Committee that, as he understands it, they can do it without breaking any state laws.

Legislator Cummings asked if a department was created, would it be staffed by a paid county employee instead of a volunteer.

Gerald Benjamin responded that the Charter created a liaison, but it was certainly an organizational issue that could be added as implemented.

Legislator Bartels asked if the language was changed to say the position was chosen by the Executive, would that create a Department.

All Attorneys and Commission members responded no.

Legislator Bartels then observed that the EMC is in a department vs. no department limbo.

Gerald Benjamin reminded the Committee that the policy derived from a 2004 UC Legislative Resolution and it seemed that function was given by legislature previously.

Legislator Shapiro wanted the Commission to reflect on the choice lying with the Board vs. the County Exec.

Legislator Bartels agreed and said that if Rick stepped down the county would probably have to hire someone and asked what if the volunteers couldn’t make it to meetings, or handle management. She also stated that the county was ahead of the game in the MS4 Program.

Legislator Shapiro said that the Committee was putting the cart before the horse and advised that the whole section be removed while the Committee gets its ducks in a row. He stated that they were advisory and whenever the EMC is dealt with it holds up the whole Charter.

Legislator Liepmann referred to the email.

Legislator Bartels stated that, just because dealing with the EMC holds things up, it doesn’t remove the Committee from the duty to review.

Gerald Benjamin advised the Committee that in every other place in the Charter great power is given to the Executive and asked what in the Charter prevents the Legislature or Executive from doing anything.

Bea Havranek added that the Charter can always be amended. She advised the Committee that if they want the Charter to be on the ballot in November they had best start moving on it. She continued by saying the Committee should make it as basic as possible.

Gerald Benjamin added that in two years the legislature can confer or remove duties.

MaryAnn Collins added that the EMC was left out because it is not an agency of government. She told the Committee that Gerald Benjamin told the Committee to get him something and he’d put it in. She also said that Legislator Shapiro’s suggestion to leave it out may be advisable.

Legislator Shapiro, in response to a suggestion to move the issue to Environmental Committee, said that it was a balancing act for each department to have responsibility without stepping on any toes. As Chair of the Environmental Committee, I’ll hear it and I don’t want to deal with that right now. He continued by saying that the EMC will play an increasingly bigger role and that Section “D” will be a problem. The responsibility “to maintain soil and agriculture” is already under UC Soil and Water, he questioned why that would be put in.

Legislator Liepmann agreed and said that the Committee has to move on. He told the Committee that they weren’t writing the Constitution.

Rick agreed that Section “D” doesn’t need to go into the details.

Legislator Liepmann put a MONTION on the table to stay with the Charter as it was written in April regarding the EMC. The motion never went to a vote, although Legislator Bartels wanted her objection noted.

Legislator Bartels asked, as a follow up, if Section “D” is taken out is it not their responsibility.

Bea Havranek responded that they’re not overturning what was done in the past and said no to get worked up about it and that they should move on at the very least because UC will have an Executive who will want a say.

Legislator Bartels continued by saying that if the Committee is being specific with Section “A, B, C, E and F” why take out “D”

Gerald Benjamin advised the Committee that they were beating a dead horse.

Legislator Shapiro stated that the Charter was prepared with the presumption that there will be an Administrative Code.

The Committee then moved on to the Planning Board component of the Charter.

Toni Hokanson and Roxanne Pecora introduced themselves as the presenters from the Planning Board and introduced the other member in attendance.

Roxanne gave an overview of the Planning Board and its responsibilities (see attached Planning Board Presentation and copy of Article VII.)

Toni advised the Committee of the Planning Boards concerns over having the Director appointed by the Executive and not the Board to ensure a level of expertise. They also said they would like the responsibilities to stay with the Board who would then pass them on to the Director. Toni told the Committee that they have a hard time acknowledging an Administrative Code they have not seen. Legislator Bartels asked for clarification on Toni’s recommendation that the UCDC being removed from the Board.

Roxanne responded that they should act as a liaison rather than Board member.

Sections 7.01-7.07 were outlined by Toni according to the presentation.

Chairman Bischoff asked the Committee how they could get through this quickly and suggested public hearings.

Legislator Cummings asked why she was just getting this information now if it’s been around since April and reminded the Committee that the Commission disbanded months ago.

Chairman Bischoff answered that it was received right after our meeting on June 12, and that it didn’t start with this Committee, but with the Chairman.

Roxanne advised the Committee that they did put the requests to the Commission, but did not receive a sufficient reply.

Gerald Benjamin responded that the Commission did look at the proposal and asked for the Director’s assistance, but he said he would not without speaking to the Board. Benjamin advised that the wait for the Boards full opinion would have been extensive. He advised the Committee that they offered to consult in the drafting, but the conditions of working with the Board were unacceptable.

Chairman Bischoff advised the Committee that the points raised by the Planning Board were important and need to be given time, but not until 12am.

Bea Havranek offered her assistance to try to move things along quicker. She advised the Committee that project review still rests with the town/municipality and then the county can approve, not approve, say nothing or recommend changes. The local planning board can overrule with a super majority. She expressed a concern about Charter including the possibility of taking away the municipality’s right to first review of projects on county property.  She also stated that the Comprehensive Plan was too broad. She told the Committee that Article 12B of the General Municipal Law works fine and the Charter should be structured around it. She said that if she were Commission she would see this as a workable solution.

Legislator Bartels asked for the Commission’s thoughts.

Gerald Benjamin responded that he was puzzled by Bea’s comments and asked for clarification about the portion of the Charter that would affect municipality review of projects on county property.

Bea clarified by offering examples: Main St. Plan and main roadways.

Gerald Benjamin responded that the intention of the Commission was to locate the current authority and to ensure that a Director is appointed with the thoughts of the Board. There was no intention to take power away from municipalities. He advised the Committee that the bottom line was to appoint a County Executive. He said that he did not think legal authority should be placed with the Board rather than department heads. He told the Committee that he could not review and make judgments on this material right then. The Commission premised the entire Charter process on municipalities maintaining home rule.

Bea advised the Committee that if these changes were made they’d need a double referendum.

Chairman Bischoff told the Committee that they would have another meeting and that this has to be done this month so the legislature can approve it and have it on the ballot in November.

Roxanne, in response to Gerald Benjamin’s previous comment that the Director rarely goes against the Board, replied that he hasn’t been to a Board meeting in a while because they frequently disagree. She also told the Committee that if they take power away from the Board they are essentially taking power away from the towns because the Board is made up of town representatives. It would be the equivalent of an unfunded mandate.

Chairman Bischoff replied that that is not so because the County Executive is elected county-wide and is a representation of the peoples will.

Toni responded that the Charter allows Director no accountability to Board and told the Committee that they work fine as is. She also told the Committee that she has letters from 2005 to the Commission, so there were many attempts to get in touch with them.

Chairman Bischoff asked the Committee for any ideas on how to address this.

Legislator Shapiro responded that this is the first time that this has come before him and he likes to make informed votes. He suggested the Committee revisit the issue. He said that he couldn’t vote on this tonight as it is the 11^th hour.

Legislator Liepmann stated that he would like to talk to the Director about this.

Legislator Bartels echoed the sentiment.

MOTION: by Brian Shapiro, 2^nd by Charles Busick to schedule the next meeting on Friday, July 14 at 5pm and to include the Planning Board on the agenda. PASSED UNANIMOUS VOTE (legislator Rodriguez not present.)

The Committee moved on to changes to Charter regarding Community Services and Board of Health (document was not provided to me.)

Chairman Bischoff told the Committee that both Community Services and Board of Health have concerns and asked for more input. He told the Committee that they were given ability to recommend Director choices to Executive.

Legislator Bartels stated that the Committee had already met with them and voted on this.

Josh Koplovitz advised the Committee that he sent a letter to Chairman Bischoff recommending the change.

Legislator Bartels asked the Commission for their opinion and stated that she was now frustrated because there is a meeting on the 24^th and it seem nuts to her that she is receiving all of this now.

MaryAnn Collins told the Committee that this is the crux of the issues with the independent boards, etc. None of them want to give up any power. She said that these were the poison pills in the Charter. Regarding the Planning Board, she said she was disappointed and stated that you can not take the ability of appointments out of the hands of the Executive. She recommended the book Good to Great to the Committee as it speaks to the concept get the right people on the bus.

Chairman Bischoff stated that they just gave them the ability to recommend, not appoint.

MaryAnn then raised the issue of who conducts the searches, etc.

Legislator Bartels commented negatively on giving Community Services and the Board of Health the “opportunity” (not her first choice of words) to suggest three people. She continued by saying that this was the same thing that was talked about with mental Health and said that the Committee was nitpicking at the 13^th hour and trying to make this one happy. She asked the Committee where the Board of Supervisors has been.

Chairman Bischoff asked her to confine her comments to what was on the table.

Legislator Bartels stated that there was insufficient time to grasp the full implication for these actions.

Legislator Shapiro agreed and stated that the Committee had to be brave with this.

Gerald Benjamin advised the Committee that the county attorneys are trying to help the Committee. He said he didn’t support the change but understood it. He said that the Committee needs to decide on the principal points: who appoints Executive, relative division of power and fixes. He advised the Committee to take a few days and have a look and that the Committee didn’t have to act tonight. He also told the Committee that 80% of bills are passed by the NYS Legislature on the last day.

Legislator Cummings observed that this stems from resistance to change and that it’s always been there. She said that this was the hard part.

Bea Havranek said that the problem with the Planning Board surfaced after her 2^nd or 3^rd reading of the Charter.

Legislator Liepmann asked Gerald Benjamin what his intentions were regarding changes to the Planning Board section.

Gerald Benjamin answered that his intentions were not to transfer power from municipality to county but rather to transfer power from the Board to the Director and also to create an appeal process so town can maintain a role.

Legislator Liepmann asked Bea for the language as written.

Bea responded that major roads and the comprehensive plan have verbiage modeled after Section 239d of the General Municipal Law.

Josh Koplovitz reminded the Committee that that can be fixed.

Chairman Bischoff referred again to giving Community Services and Board of Health the ability to recommend Director.

Legislator Cummings revisited the point of who conducts the search.

Legislator Bartels stated she was standing by her no vote and that the boards can do that on their own.

MOTION by Chairman Bischoff, 2^nd by Charles Busick to give Community Services and Board of Health the ability to recommend Director when the position becomes available. FAILED 3-3. (Charles Busick-YES, Chairman Bischoff-YES, Peter Liepmann-YES, Tracey Bartels-NO, Susan Cummings-NO, Brian Shapiro-NO, Hector Rodriguez not present.)

Chairman Bischoff moved on to the question as to whether, when the Legislature reviews recommendations by the Commission (1^st within 5 years of adoption, then every 10 years,) the Commission should have the ability to override. He also asked for a language clarification because the Charter says that recommendations have to go on the ballot. He recommended that the last paragraph of Section 1.05 be changed to change the word placed to acted upon in order to clarify that not every amendment has to go on the ballot.

Legislator Bartels asked the Commission if it was their intention to have the Legislature approve amendments.

Gerald Benjamin answered that there may be matters (Article 2 and 3 specifically) dealing with power of legislature that needs to be considered by the politic. He said that there has to be a way to go around the politicians if they are the root of the problem. He gave reapportioning districts as an example.

Legislator Liepmann proposed a motion to clarify the language that never went to a vote because the Committee decided to stay with the Charter language.

Legislator Liepmann asked the Commission for an example of something not subject to ballot.

Gerald Benjamin answered with an example of a change of duties for a specific position.

Next Legislator Bartels advised the Committee of changes to Section 2.02-2.04 regarding dates that was previously passed by referendum.

Legislator Cummings stated that the date changes could present a problem.

Legislator Bartels agreed but said she was sticking with the change.

Gerald Benjamin asked if the Committee was raising questions as to the seriousness of the document by imposing deadlines the legislature can’t meet.

MaryAnn Collins added that the Commission was trying to give the legislators the courtesy have having time to decide what to do with the new districts.

Josh Koplovitz added that the legislature already passed a resolution in 2003 calling for the new single member districts.

MOTION by Legislator Bartels, 2^nd by Chairman Bischoff to make timely with the referendum regarding redistricting in 2011 rather than 2013 and changing specified dates to a number of days. PASSED UNANIMOUS VOTE (Legislator Rodriguez not present.)

Chairman Bischoff told the Committee that at this point they had exhausted the changes they can make and reminded them that the Committee will meet again to consider these changes. He asked if everyone had a copy and if there was anything else to add.

Legislator Bartels asked about changing the election date of the Executive as she had thought that had already been decided.

Chairman Bischoff told her that that would be discussed on Friday.

Legislator Bartels responded that she would not because they already had too much to do on Friday, and advised the Committee that she is on record as not supporting the changes.

Josh Koplovitz advised Legislator Bartels that he had no record that that would be proposed and there was no vote on it.

Legislator Liepmann proposed an addition to Section 3.04 to make it explicit that the Executive has the authority to run the county, reorganize/combine departments at the approval of the legislature.

Legislator Shapiro asked at what point the Committee is getting too specific in the Charter and asked why the language should be changed if not necessary.

Legislator Liepmann said it was to clarify the Executive’s ability.

Gerald Benjamin said he had no objections.

Legislator Shapiro gave an update on the Ethics Committee which met on June 6. The Committee is using the Woodstock Ethics Law as a template as it has been proven to work. He reported that there were some contentions in the Committee. The first was whether elected officials should serve on the Board of Ethics (he doesn’t think so) the second was whether the Board should have subpoena power (he thinks yes.) He then reported requests to have the Commission weigh in, but advised them that they were already given parameters and he didn’t feel it was necessary.

Legislator Bartels asked what was happening in the interim.

Legislator Shapiro replied that the Board of Ethics meets and is formed. They have been approached, convened and rendered opinions. He told the Committee that the new law includes 3^rd party’s ability to question.

Legislator Bartels asked if Ethics was currently rendering opinions.

Legislator Shapiro replied yes.

Chairman Bischoff revisited the Charter by asking for volunteers to work with the legal team in order to plan the presentation for the Planning Meeting on the 24^th. Legislators Shapiro and Liepmann volunteered. Legislator Noonan was going to be approached as well.

Chairman Bischoff advised the Committee that they should be ready on Friday to make a motion to approve what they have thus far.

There was a discussion on who would present the document on the 24^th.

Legislator Cummings asked if they would be voting on changes one by one.

Josh Koplovitz answered that they would vote on the whole document with all changes from April being shown.

Chairman Bischoff reminded the Committee that anyone can make an amendment on the floor.

MOTION by Legislator Liepmann, 2^nd by Chairman Bischoff, to adjourn. PASSED UNANIMOUS VOTE (legislator Rodriguez not present.)

9:05pm

Respectfully Submitted,

Jay Mahler