May 4 , 2007
State Board of Elections Convened in Syracuse
The New York State Board of Elections (SBOE) held its Annual Conference in Syracuse this week. The three-day event gave the State Board an opportunity to update local boards of elections on the status of New York State’s implementation of the Help America Vote Act (HAVA).
The State’s newest challenge in implementing the new election reforms stems from a HAVA provision that requires voting machine vendors to place certain software in escrow with the SBOE. All of the five vendors under consideration for use in NYS use certain proprietary software developed by Microsoft, which refuses to release this software to the SBOE, thus creating an impasse. The SBOE is in the process of reviewing which software is necessary to meet the requirements of HAVA. The outcome of this issue is uncertain at this time.
The SBOE urged all counties to develop procedures for smooth local implementation. However, county representatives cautioned the state that so much time has lapsed that there will be little time for the local boards to do their part, which includes selecting certified machines, training poll workers and voter outreach and education programs. Many counties have not yet designated a place to store these machines, which require certain storage conditions, as well as regular service and testing. Therefore, counties should designate a single consolidated site to house all of these machines.
After the Conference, the SBOE held a Board meeting in Albany to vote on usability rates for the Optical Scan machines (Op-scan) and Direct Recording Electronic voting machines (DRE’s). Currently, State law allows lever machines to handle 800 registered voters per machine. The Board voted unanimously to change this figure to 4,000 active voters per op-scan devise and 550 active voters per DRE. At this time, it is uncertain how this will affect the number of machines counties will need to order but it appears that one DRE will have approximately the same capacity as one lever machine, while the op-scan machine will far surpass that figure. (Adriano Bongiorno)
Supreme Court sides with counties in flow control case against trash haulers
The Supreme Court on Monday upheld local garbage flow control ordinances in Oneida and Herkimer Counties that require private solid waste companies to dispose of trash in municipal recycling centers and landfills.
The trash hauling companies had argued that the counties violated constitutional protections for interstate commerce. The company’s case stated they would pay much less to send the garbage to out-of-state transfer stations where it is sorted and baled before being shipped off for permanent disposal.
But the Court’s 6-3 decision, with opinion given by Chief Justice Roberts, said the Oneida-Herkimer Solid Waste Management Authority treats "in-state private business
interests exactly the same as out-of-state ones," avoiding any constitutional problems.
Justices Samuel Alito, Anthony Kennedy and John Paul Stevens dissented, saying the cases were substantially similar to a 1994 case where the Court ruled that local governments unlawfully restricted interstate commerce by requiring that garbage be sent to a designated transfer facility. In that case, the facility was privately owned. The case the court decided Monday involves government-owned transfer stations.
NYSAC joined 26 states, 25 local governments, trash authorities and other stakeholders in submitting an amicus brief to the Court on behalf of the Oneida and Herkimer counties. (Pete Savage)
County Projects to be Showcased at Shared Services Seminar
County efforts to develop programs of shared municipal services will be highlighted at a regional seminar co-sponsored by NYSAC, the Pelletier Institute, Cornell University, Cornell Cooperative Extension and the SUNY Fredonia Center for Rural Regional Development and Governance, May 31, 2007 at the Holiday Inn in Batavia New York.
The opening plenary session will feature a presentation on the findings of a study of shared municipal services in Western New York conducted by the SUNY Fredonia Center for Rural Regional Development and Governance. This study, which was conducted by Mark Thomas, former Chautauqua County Executive, took a comprehensive look at the status of shared municipal services in Western New York.
Individual breakout sessions on Wyoming County’s county-wide code enforcement program, highway shared services programs in Orleans and Chemung Counties, employee health Insurance initiatives in Tompkins County and public safety shared services initiatives in Genesee and Broome County will be among the featured presentations.
John Clarkson, Executive Director of the Governor’s Commission on Local Government Efficiency and Competitiveness, will give the featured luncheon address. Mr. Clarkson will outline the purposes of the commission and detail how the administration will develop its overall agenda to support local government efficiency and shared municipal services.
Participants who are registered with the Dennis A. Pelletier County Government Institute will receive credit toward the Institute’s certificate of achievement.
Register online for this session at http://hosts.cce.cornell.edu/cardi_forums/. Space is limited. A nominal registration fee of $30 will be required to register.
For more details on the program, visit the website of Cornell University’s Community and Rural Development Institute at http://cardi.cce.cornell.edu/editorstree/view/123. (Jeff Osinski)
Governor Renews Commitment to Localities with Mandate Relief Proposals
Governor Spitzer this week announced a series of legislative proposals designed to reduce or eliminate select state mandates imposed on local government taxpayers.
This week’s mandate relief proposals include:
- increasing the Wicks Law threshold to $1,000,000 for Upstate projects and $2,000,000 for projects in New York City, and annually index these new thresholds to adjust for inflation
- eliminating collateral source laws that provide for the deduction of certain third-party payments from jury awards in personal injury and wrongful death actions, ensuring that injured plaintiffs do not get paid twice for the same injury,
- setting a market-based method of calculating interest rates that local governments must pay on outstanding judgments, and
- giving local governments the option to use administrative proceedings to streamline the enforcement of local housing code violations.
NYSAC will work with the State Legislature to develop consensus through the remainder to this legislative session.
2007 County Finance School
More than 250 county officials were on hand for the 41st Annual County Finance School in Syracuse this week. The three day school was cosponsored by NYSAC in conjunction with the Office of the State Comptroller and the New York State County Treasurers and Finance Officers Association.
Participants attended a range of informative programs on topics including the Medicaid Cap sales tax intercept option, understanding empire zones, a retirement system update, taking the lead on shared services and funding for green projects.
Slow Approval for County Sales Tax Extenders
By the end of the 2007 State Legislative session, 51 of 57 counties outside New York City will need state legislative approval to extend their current taxing authority to “temporarily” exceed the 3% cap on the county share of the New York State sales tax. Counties have enacted these increases to pay for state mandated services and to provide other important municipal services.
So far this Legislative Session, 42 bills have been introduced. Only two have passed both the Senate and the Assembly. Nine counties requiring legislation have yet to see a bill introduced by their State representatives.
MapInfo and Governing magazine to host Economic Development Webinar
Are you looking for a way to expand you local tax base and attract new retailers to your county? Join Governing magazine and experts from MapInfo (a Rensselaer County-based technology company) for an economic development Webinar on May 17th at 2:00 p.m.
The Webcast will discuss new ways of retaining and attracting retail companies to your region or county. Participants include a community economic development director, a retailer and a supplier of retail attraction solutions. They will discuss ways that retail attraction can help you raise revenue and meet community goals.
To register, visit http://www.governing.com/webcasts.htm.
New on the NYSAC Web site
Visit www.nysac.org for updated information on NYSAC information, activities and advocacy efforts. New postings this week include:
- Supreme Court Decision on solid waste flow control
- A WRVO Radio interview with NYSAC Executive Director on new voting devices
- New employment opportunities in NYS counties
- NY Facts on Rocks & Minerals mining by county
- Daily news updates from counties across New York
Next Week
- The Senate and Assembly are scheduled to be in Albany in Legislative Session from Monday through Wednesday.
