Meeting Minutes

Efficiency, Reform & Intergovernmental Affairs Committee

April 9, 2007

 

In attendance:

Committee members:

Gary Bischoff, Chair               Tracey Bartels

Charles Busick                        Susan Cummings

Peter Liepmann                       Hector Rodriguez

Brain Shapiro

            Also:

            Legislator Zimet

            Thomas Turco, Commissioner, Board of Elections

            Arlene Reynolds, Director, Human Relations Commission

            Tom Kadgen, League of Women Voters

 

Agenda:

            Human Relations Commission Report – Arlene Reynolds

            Board of Elections HAVA Resolutions – Commissioner Turco

            Ethics Panel – Legislator Shapiro

            Employee Suggestions – Legislator Rodriguez

            Condo Resolution – Legislator Liepmann

 

Chairman Bischoff called the meeting to order at 6:08pm

 

Ms. Reynolds started the meeting by sharing a Housing Quiz (attached) with the committee. She asked the committee to answer question #3. She explained that the reason for the incredible discrepancy is primarily due to the advantage white families had in regards to access to inherited wealth.  She sited the common practice following WWII of moving black families into rental properties thereby eliminating the opportunity to acquire wealth through property ownership. Conversely, white families were encouraged to buy homes which were then passed on through the generations.

She continued by giving a brief report of the Human Relations CommissionÕs recent activities and services (see attached DirectorÕs Report.) She explained that the May 27th Criminal Justice Training was aimed at assisting ex-offenders and the counselors who help them to clean up wrap sheets, obtain a certificates of release and other items that are needed to enter back in to society as productive individuals.

Director Reynolds also advised the committee that an informational mailing on predatory lending practices was sent out the elderly and minorities. The town of Plattekill was identified by a firm in New York City as a high interest location in Ulster County. The commission sent the mailing to residents in both Spanish and English; it was well received.

She then informed the committee of her newest employee, Joakim Lartey, who was born in Ghana and educated in the US.

Legislator Bartels inquired about the April 10, 2007 meeting on the proper use of background checks and asked Director Reynolds for her opinion on the proposed county law requiring a background check be conducted for every county employee at the cost of the employee.

Director Reynolds replied that, although she it not an attorney and wasnÕt sure she would be too much help, charging employees for background checks has been deemed illegal by the courts. She added that her concern is regarding the proper use of checks. She worries that they may be used to screen out people and advised the committee that it is not legal to discriminate based on a previous record.

Legislator Bartels asked how the county can avoid this type of discrimination. She added that there is the possibility that individuals responsible for hiring employees could use an individualÕs prior record as a consideration in determining risk and may not hire him/her in order to safeguard the county or themselves for possible future problems with the person.

Director Reynolds replied that training is the best way to head off questionable discrimination practices. She continued by saying that Article 23 of the NYS Corrections Law says that the State Division of Human Rights may not accept complaints from individuals against municipalities regarding discrimination because of a previous record. An individualÕs only recourse is a lawsuit in State Court.

She was thanked for her time and left at 6:26 p.m.

 

Chairman Bischoff then called on Commissioner Turco to answer any questions regarding HAVA funding Resolutions 129, 130 and 131 (attached.) 

Legislator Bartels interjected that the three resolutions were not included in the packet.

Commissioner Turco responded that the contracts in question were sent to the contracts management department. They advised Commissioner Turco that the resolutions were necessary.

Chairman Bischoff asked how the amounts included in the resolutions were determined.

            Commissioner Turco responded that the amounts were determined in the same formula as last year, primarily based on the number of voters. He continued by advising the committee that the amount detailed in Resolution #131 requires a 5% county match. He was not 100% certain about required matches for the other two resolutions.

            Chairman Bischoff asked if the 5% match was budgeted.

            Commissioner Turco replied that the match was budgeted last year with the understanding that if it wasnÕt in the budget the match would come from contingency.

            Chairman Bischoff continued by reminding the committee that the approval of these resolutions was prudent to make sure the county is ready for the coming voting system changes.

            Commissioner Turco agreed with Chairman Bischoff and added that the contracts have expiration dates attached to them.

            Legislator Cummings asked if these HAVA funds are state or federal monies.

            Commissioner Turco replied that two of the contracts are for federal money, including the ~$111K, and the third is state funding.

            Legislator Bartels asked the committee to pause a moment to consider the process of introducing resolutions getting into packets. She said that it was not the fault of the Board of Elections, but rather the Contracts Manager, who put these resolutions in to the packet. She said that the resolutions say that the budget must be amended to reflect money that the county does not have on hand.

            Commissioner Turco said that he did not think that this would end up in the budget as line items. He expected to either pay contractors and bill the state for reimbursement or to bill the state for direct payment to contractors. He suggested that if expenditures are not balanced with revenue it may appear like the public is being mislead.

            Legislator Bartels expressed her concern that including the resolutions as line items was not real or good financial policy. She suggested that the resolutions be moved, but that they should work with the county administrator. She also suggested that the committee speak with Sheldon who explained a similar situation to the Environmental Committee.

            Legislator Cummings noted that language regarding the 5% match was not included in any of the resolutions.

            Chairman Bischoff asked Commissioner Turco how timely the contracts were.

            Commissioner Turco replied that the specific dates are on the contracts themselves.

            Legislator Cummings asked who was doing the work to make the sites ADA accessible.

            Commissioner Turco answered that the BOE bought the supplies based on assessment by BOE staff following an inspection of every polling site in the county. He continued by saying that the machine custodians would most likely install the supplies.

            Legislator Bartels asked why the county is being asked to execute contracts that it does not have.

            Commissioner Turco responded that it is because the funding is time sensitive.

            Chairman Bischoff suggested that the first ŌFurther ResolvedĶ be stricken from the three resolutions regarding amending the county budget. He also asked Commissioner Turco to verify the contracts that require a 5% match.

 

MOTION by Legislator Liepmann, 2nd by Legislator Rodriguez: To approve Resolutions 129, 130 and 131 with the first Further Resolved being stricken from each resolution and contingent upon amendments to reflect the 5% match where required.

MOTION PASSED UNANIMOUSLY

 

Commissioner Turco was thanked for his time and left at 7 p.m.

            Legislator Shapiro was then called on to give an update on the Ethics Panel and revisions to the ethics Law. He said that the draft law would be reviewed on April 16th with BST recommendations to follow. The law will be ready for viewing and lively debate in May.

            Legislator Bartels asked if the panel got recommendations from the New Paltz Town Board.

            Legislator Shapiro responded that they did not, and reminded the committee that he already spoke about not having a public hearing for the each separate issue.

            Legislator Zimet interjected that whether the ethics law she sponsored, based on the New Paltz law, was to be incorporated into the Ethic Law package would not be discussed at the public hearing.

            Legislator Bartels paused to reiterated on the procedural point that the New Paltz law should have gone through the committee process. She continued by saying that it is possible that the committee will be reviewing the Ethics Law at the same time there is a public hearing on the New Paltz law.

Legislator Shapiro agreed that circumventing the committee process is bad policy. He was excused at 7 p.m.

 

Chairman Bischoff then called on Legislator Zimet to give an update on the vote-by-mail subcommittee.

Legislator Zimet informed the committee that a Ōmaster folderĶ of information on voting by mail would be available on the 6th floor for legislators to look at. She continued by saying that County Attorney Koplovitz has written a letter to Attorney General Cuomo for an opinion on whether a vote-by-mail pilot program in Ulster County would violate the NYS Constitution. She added that the subcommittee believes that a pilot program is constitutional. She also said that the state would probably not allow a pilot program during state elections but might in a local year. Because voting by mail is Ōthe way to goĶ she feels that the subcommittee should begin educating legislators immediately to increase support for a pilot program. Public education should follow to garner support of state lawmakers. She informed the committee that the Vote-by-Mail Project has reached out to Ulster County because of recent news articles. Oregon, Washington and California expect 50% of registered voters to vote by mail, they also have no excuse absentee ballots. She said that the unions are behind vote0by-mail. She told the committee that the goal is to have the pilot program in place for the 2007 elections. The subcommittee is drafting a resolution to petition the state for a pilot but not until a presentation to be delivered at maybe the caucus with the public attending. The subcommittee meets every Wednesday at 3:30pm on the 6th floor.

Legislator Bartels said she did not see the likelihood of the pilot happening in Õ07 but Õ09 was a possibility.

Legislator Zimet repeated that she didnÕt think the state law needed to be changed for a pilot.

Legislator Bartels expressed concern about staring a pilot program without gauging public opinion fist.

Legislator Liepmann asked if state law precludes voting by mail and was told it does.

            Legislator Bartels proposed that an individualsÕ vote could be more easily swayed with a vote by mail process.

            Legislator Zimet responded that there exists no statistical data to support that and said that in vote-by-mail state there exist strong undue influence laws with $250K fines and possible jail time.

            Legislator Liepmann asked if weÕd then be using optical scan ballots.

            Legislator Zimet replied that she was pretty sure they would be optical scan and said that she was going to submit a resolution supporting only optical scan anyway.

            Legislator Bartels said that may be illegal.

            Chairman Bischoff agreed saying that it would be illegal because it would take the choice of news voting systems away from the BOE Commissioners.  Legislator Zimet was excused at 7:30 p.m.

 

            Legislator Liepmann next addressed the committee on the Condo Resolution saying it has gone through the supervisors. Supervisors Hokanson, Lanzetta, Shepard, Valk and Martello are all in favor because this is seen as a huge inequity. He continued by saying that the supervisors would like the resolution to include already existing condos but that leads to a legal quagmire.

            Legislator Cummings advised that there was a memorializing resolution in support of the State Senate/Assembly bill.

            Legislator Bartels said that she got an email form Supervisor Valk that it was shot down for political reasons and asked why it failed in committee.

            Chairman Bischoff answered that Legislator Cahill argued against it in committee because it doesnÕt include existing condos. It didnÕt have a second, so it failed.

            Legislator Bartels said that First Assistant County Attorney Havranek is going to draft an amendment. She continued saying this is a huge issue in Shawangunk because of a large development being built. She said that the middle ground would be to allow existing condos to stay at current assessment rates until sold, at which point theyÕd be reassessed at the new rate. She added that since itÕs a memorializing resolution they can support it.

            Legislator Cummings agreed with Legislator Bartels and added that if the current system stayed in place it would be akin to someone selling their house with a STAR exemption.

 

MOTION by Legislator Rodriguez, 2nd by Legislator Liepmann: To approve Resolution 140 as is with the understanding that an amendment is forthcoming.

MOTION PASSED UNANIMOUSLY

 

MOTION by Legislator Bartels, 2nd by Legislator Liepmann: To support the forthcoming Bartels amendment to Resolution 140.

MOTION PASSED UNANIMOUSLY

 

Legislator Busick brought up the purchase of new automobiles, which was approved by the Fleet manager, and asked why Safety had so many vehicles when only one person is on call at any given time.

Legislator Bartels suggested that the Fleet manager be asked to attend next months meeting. She continued by saying that all of the take home vehicles, except emergency services, should be taken back. She recognized that this may cause a stir but amounts to hundreds of cars.

Legislator Busick said that there is a duplication of services that is unnecessary. He continued by saying that an accident on a highway does not require so many personnel to report to the scene. The said county personnel only really have to respond if the accident involves a county car on a county road.

Legislator Liepmann asked if the Fleet manager has studied the matter.

Legislator Bartels responded that the report should be available in June or July. She said that the Fleet Manager is basing purchases on whether the vehicle is necessary then decides which current vehicle should be replaced. She said she would get an article regarding information on vehicles to committee members. She suggested a resolution for the next meeting eliminating take home vehicles and reassigning them based on need/use. She continued by referencing a similar issue surrounding the copier plan/document management and problems with tip-toeing around committee that has oversight.

 

Legislator Liepmann asked if the Efficiency meeting could be moved to later in the month so that resolutions could be included in the packet for the Wednesday legislative meeting.

After some discussion it was determined that a time convenient to the members could not be found and the meeting schedule would remain the same.

 

Chairman Bischoff, on the topic of a resolution requiring the return of all take home vehicles except emergency services, said that the committee should wait. He said there would be a lot of push back from legislative colleagues and continued by saying that people are more receptive during budget negotiations. He concluded by saying that if the committee moves on it next month they will have information in front of them to work out the details. The resolution would then be voted on in May to be included in the June meeting package.

 

MOTION by Legislator Busick, 2nd by Legislator Bartels: To adjourn at 8:13pm.

MOTION PASSED UNANIMOUSLY