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MANUAL 500-2

 

 

 

SECTION 01.2

 

 

 

PROGRAM REVIEWS

 

 

 

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BUREAU OF MANAGEMENT ANALYSIS AND PROJECTS

 


1.   Purpose

 

      This procedure describes the process for periodic reviews of land transactions.

 

2.   Applicable Law and/or Guidance

 

      Thruway Real Property Management Policy (25-6-02)

 

      Executive Instruction entitled Inappropriate Lobbying Influence In Authority/Corporation Procurements

 

3.   Introduction

 

      Periodic reviews of land transactions ensure that the New York State Thruway Authority (Authority) policies and procedures are being followed, and that areas for improvement are identified. 

 

      The Bureau of Real Property Management (BRPM) will conduct periodic program reviews of land transaction projects related to disposals and acquisitions, for compliance with land management procedures.

 

      The Headquarters Permit Coordinator (HQPC) will conduct periodic program reviews of land transaction projects related to occupancy and work permits, for compliance with land management procedures.

 

      The key to an effective review is to interview the people involved in the process to assess their level of understanding (as well as to seek their input for areas of improvement) and to collect evidence to document that policies and procedures are being followed and are effective. 

 

4.   Procedure

 

      4.1.   Pre-Review Activities

 

               4.1.1.   Annually, BRPM/HQPC will prepare a program review plan for the year.  The plan should identify:

 

                           ·    What transactions will be reviewed?

 

                           ·    What Divisions, organizations or personnel will be part of the review?

 


                           ·    When will the review be conducted?

 

                           ·    Are additional team members needed for the review and who should they be?

 

               4.1.2.   Prior to the review, BRPM/HQPC will further define the review scope.  The REVIEW FIELD NOTES (NOTES) form1 may be used to identify who will be interviewed, what documentation will be reviewed, etc. 

 

               4.1.3.   If a team is being used for the review, the members will meet and discuss the review plan and scope of the review.  Responsibilities will be assigned for team members, including what areas to review.  Whenever possible, a representative from the Department of Audit and Management Services (A&MS) should be part of the team.

 

               4.1.4.   BRPM/HQPC will notify the affected organizations and individuals of the review and will select a review date and time.  Information and records that will be reviewed should be identified so that the materials are ready for review when the team arrives.

 

      4.2.   Conducting the Review

 

               4.2.1.   BRPM/HQPC will coordinate the review.  Typically, a short opening meeting is held that explains what will be looked at, who the team members are, and a description of their assignments.  It should be stressed that input on areas for improvements is being sought as well.

 

               4.2.2.   The team will then divide up and complete their reviews.  Both reviews of records and interviews should be conducted.  Areas for improvement should also be identified.

 

               4.2.3.   A REVIEW CHECKLIST2 may be used to develop the questions and information that should be reviewed for each procedure included in the review.  The team may also identify other areas that should be included in the review. 

 

               4.2.4.   At the end of the review, typically a short closing meeting will be held to discuss the tentative findings. 

 

               4.2.5.   The results of the review will be finalized by BRPM/HQPC and the team.  The results will be discussed with A&MS.

 

1 Exhibit 1

2 Exhibit 2


      4.3.   Corrective Action Plan

 

               4.3.1.   Following the review, the findings will be noted on the CORRECTIVE ACTION PLAN (PLAN)+.  BRPM/HQPC will identify actions to be taken to correct the findings whenever possible.  In some cases, the corrective action will need to be identified by the organization reviewed.

 

               4.3.2.   BRPM/HQPC will send the PLAN to the organizations reviewed, ask them to review corrective actions, fill in or add other corrective actions, assign someone responsibility for completing the actions, and provide a proposed due date.  The PLAN should be completed and returned to BRPM/HQPC within ten days.

 

      4.4.   Follow-Up

 

               4.4.1.   Upon receipt of the completed PLAN, BRPM/HQPC will track the actions until completed and will document verification of completion.

 

               4.4.2.   BRPM/HQPC will periodically update A&MS and other applicable personnel as needed on the review and status of the corrective actions.

 

               4.4.3.   Based on the review, procedures will be updated and revised as needed using SOP-DEVELOPING AND REVISING PROCEDURES (500-2-01.1).

 

      4.5.   Other Reviews

 

               A&MS conducts audits that review financial and internal controls.  Both internal and external consultants are used.  A&MS will conduct periodic audits of the Authority, including real property management.  A&MS is also available to provide in-house consulting and oversight related to internal controls. 

 

5.   Responsibilities

 

      A&MS will coordinate Authority audits related to financial and internal controls, including those involving real property management.  In addition, A&MS will provide in-house consulting and oversight related to internal controls.

 

 

 

+ Exhibit 3


      BRPM will coordinate the land transaction review process for disposals and acquisitions, including setting up a review plan, identifying and setting up a review team (as needed), conducting the review, overseeing preparation of a corrective action plan, verifying that review items were corrected and communicating review information.

 

      HQPC will coordinate the land transaction review process for occupancy and work permits, including setting up a review plan, identifying and setting up a review team (as needed), conducting the review, overseeing preparation of a corrective action plan, verifying that review items were corrected and communicating review information.


EXHIBIT 1

REVIEW FIELD NOTES

Page 1 of 2


 

Review Field Notes

 

 

Type of Transaction Reviewed:_____________________________________________

 

 

Division/Organization Reviewed:___________________________________________

 

 

Reviewer(s):__________________________________Date(s): ___________________

 

What documents or projects should I review? 

 

 

 

 

 

Whom should I talk to?

 

 

 

 

What questions should I ask?

 

 

 

 

 

 

What kinds of evidence do I need?

 

 

 

 

 

 

 


REVIEW FIELD NOTES

Page 2 of 2

 

Notes and Evidence/Description of Nonconformance or Opportunities to Improve:

 

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EXHIBIT 2

REVIEW CHECKLIST

Page 1 of 7

 

Questions

Compliance

Yes/No

Comments/Evidence Reviewed

General

1.        Were transactions completed within a year unless otherwise approved by the Board?

  Yes       No

 

2.        Were transactions resubmitted to the Board following Board approval, when:  (1) background information presented to the Board changed and the Executive Director determines that the item should be resubmitted to the Board; and (2) when a Board-approved transaction could not be progressed?

  Yes       No

 

3.        Were records easily located?

  Yes       No

 

4.        Was all information contained in the official Transaction Record?

  Yes       No

 

5.        Were records retained for required retention periods?

  Yes       No

 

6.        Were employees aware of requirements?

  Yes       No

 

7.        Were areas for improvement identified?

  Yes       No

 

TRANSACTION ANALYSIS PROCESS  (500-2-02.1)

Applies to all land transactions

8.        Are inquiries entered on a Thruway Real Property Inquiry form (TA-N5114)?

  Yes       No

 

9.        Is the Thruway Transaction Analysis/Recommendation (TTAR) form (TA-N5516) completed and approved and kept in the Transaction Record?

  Yes       No

 

10.     If required on the TTAR, was a competitive process used?

  Yes       No

 

11.     If required on the TTAR, was a survey and/or appraisal completed?

  Yes       No

 

12.     If required, was an explanatory statement prepared and submitted to required parties at least 90 days prior to the transaction completion?

  Yes       No

 

13.     Were Lobbying Law reporting requirements met for any contacts during the pending transaction?  (See EI: Inappropriate Lobbying Influence in Authority/Corporation Procurements)

  Yes       No

 

14.     Was the applicant notified of any rejection of the project?

  Yes       No

 

15.     Other:

 

 

 

 

 

 

APPRAISALS AND SURVEYS (500-2-02.2)

16.     Was a survey completed where required?

  Yes       No

 

17.     Was a survey letter providing the scope used?

  Yes       No

 

18.     Was the survey reviewed by the Real Property Unit and any issues resolved ?

  Yes       No

 

19.     Was an appraisal conducted where required?

  Yes       No

 

20.     Was an appraisal scope letter developed and approved by BRPM?

  Yes       No

 

21.     Was the appraisal reviewed and approved by BRPM?

  Yes       No

 

22.     Were any appraisal differences resolved?

  Yes       No

 

23.     If the appraisal was over one year old, did BRPM review the appraisal to determine if an update was needed?

  Yes       No

 

24.     For an exchange of property where the value of each property was <$300,000, were one survey and one appraisal prepared for each property?

  Yes       No

 

25.     For an exchange of property where the value of either property was >$300,000, were one survey and two appraisals prepared for each property?

  Yes       No

 

26.     For an exchange of property, did the appraisals demonstrate that the property to be acquired is of at least equal value to the property to be exchanged?

  Yes       No

 

27.     Other:

 

 

 

 

SUBMITTALS TO THE OFFICES OF THE ATTORNEY GENERAL AND THE STATE COMPTROLLER (500-2-02.3)

28.     Were submittals submitted to the Attorney General’s Office when required?

  Yes       No

 

29.     Did submittals contain the information listed in the procedure?

  Yes       No

 

30.     Were projects submitted to OSC for review and approval when required?

  Yes       No

 

31.     Other:

 

 

 

 

STATE ENVIRONMENTAL QUALITY REVIEW ACT (500-2-02.4)

32.     Were copies of applicant permits obtained prior to the start of work?

  Yes       No

 

33.     Was a short or full environmental assessment form prepared? (Note: Type I actions require a FEAF)

  Yes       No

 

34.     Was the SEAF or FEAF reviewed by Division and a recommendation of type and impact made?

  Yes       No

 

35.     If exempt from review, was Exhibit 5 completed and placed in the Transaction Record?

  Yes       No

 

36.     Were other involved and/or interested agencies identified and given the package for review?

  Yes       No

 

37.     Were the application, SEAF/FEAF and Division recommendation reviewed by OTPES?

  Yes       No

 

38.     Did the Board review and make the SEQRA determination?

  Yes       No

 

39.     If there was a positive declaration, did the Legal Department and BRPM coordinate further required review?

  Yes       No

 

40.     Did BRPM notify the applicant of the determination and any need for an EIS?

  Yes       No

 

41.     Other:

 

 

 

 

OCCUPANCY PERMITS (500-2-02.5)

42.     Where a disposal was contemplated, were any permits issued in advance of the disposal approved by the Executive Director?  See Work Permit Exceptions – Exhibit 2 in SOP 500-2-02.1.

  Yes       No

 

43.     Where an occupancy permit was required, was any work permit issued in advance of the disposal approved by the Executive Director?  See Work Permit Exceptions – Exhibit 2 in SOP 500-2-02.1.

  Yes       No

 

44.     Was a TTAR prepared and approved for the transaction?

  Yes       No

 

45.     Were annual fees determined by Division real estate personnel by appraisal where there was no fee schedule?

  Yes       No

 

46.     Were fees received and a receipt issued and the fee sent to the Credit and Collection Unit or was a permit closure notice sent to the applicant?

  Yes       No

 

47.     Was a Transaction Record kept by the HQPC?

  Yes       No

 

48.     Were any appeals of the permit fee sent to the DD for handling in accordance with regulations and procedures?

  Yes       No

 

49.     Other:

 

 

  Yes       No

 

WORK PERMITS (500-2-02.6)

50.     Where a disposal was contemplated, were any permits issued in advance of the disposal approved by the Executive Director?  See Work Permit Exceptions – Exhibit 1 of this SOP.

  Yes       No

 

51.     Where an occupancy permit was required, was any work permit issued in advance of the disposal approved by the Executive Director?  See Work Permit Exceptions – Exhibit 1 of this SOP.

  Yes       No

 

52.     Were fees, security deposit and performance bond received and a receipt issued and the fee sent to the Credit and Collection Unit?

  Yes       No

 

53.     Did the DPC ensure that the insurance certificate was current and provided adequate coverage?

  Yes       No

 

54.     Did the DPC review and approve the application?

  Yes       No

 

55.     Was the applicant notified of any permit application rejections by the DD?

  Yes       No

 

56.     Were fees collected upon completion of the work, if required?

  Yes       No

 

57.     Following completion of the work, did the DPC conduct a site visit, if needed, and required follow-up action taken?

  Yes       No

 

58.     Other:

 

 

      

 

PERMIT AND LEASE ENFORCEMENT (500-2-02.7)

59.     For delinquent accounts for nonpayment, were the steps described in the SOP followed?

  Yes       No

 

60.     For lapsed insurance, were the steps in Section 4.2 followed?

  Yes       No

 

61.     For other permit or lease violations, were the steps described in the SOP followed?

  Yes       No

 

62.     Did the HQPC (for permits) or BRPM (for disposals) coordinate a review to determine the appropriate response?

  Yes       No

 

63.     Was action taken to correct the violation?

  Yes       No

 

64.     Was the Board notified of any proposed lease termination?

  Yes       No

 

65.     Did the Credit and Collections Unit and/or the Legal Department coordinate collection of delinquent accounts as described in the SOP?

  Yes       No

 

66.     Was a Division site inspection conducted and documented as described in the SOP?

  Yes       No

 

67.     Were issues resolved?

  Yes       No

 

68.     Were encroachments handled in accordance with the SOP?

  Yes       No

 

69.     Other:

 

 

        

 

LEASES (500-2-02.8)

70.     Was a TTAR completed and approved for the lease?

  Yes       No

 

71.     Were any permits issued in advance of the lease approved by the Executive Director?

  Yes       No

 

72.     Was the lease resubmitted to the Board if any of the circumstances described in the SOP were met?

  Yes       No

 

73.     Was the lease completed within one year of Board authorization?

  Yes       No

 

74.     Were Lobbying Law requirements met including a restricted period, contact only with official contacts, vendor responsibility, etc.?

  Yes       No

 

75.     Were required survey and appraisal deposits and costs received?

  Yes       No

 

76.     Was any required survey or appraisal completed?

  Yes       No

 

77.     Were SEQRA reviews completed?

  Yes       No

 

78.     Did the DD notify the applicant of any rejections of their application?

  Yes       No

 

79.     Was the lease reviewed by the TRPMC?

  Yes       No

 

80.     Was the Board kept apprised of the progress of the lease?

  Yes       No

 

81.     If required, was an explanatory statement prepared and distributed by BRPM?

  Yes       No

 

82.     Did the Board authorize the lease?

  Yes       No

 

83.     Did the Legal Department prepare the lease?

  Yes       No

 

84.     Was the lease signed by the Executive Director, the Chief Financial Officer, and the Legal Department?

  Yes       No

 

85.     Where the total contract rental payments were >$10,000, did the OAG and OSC approve the lease? 

  Yes       No

 

86.     Did the Insurance Compliance Unit ensure that proper insurance coverage is in effect and process bond and rental payment?

  Yes       No

 

87.     Did BRPM maintain a Transaction Record for the lease?

  Yes       No

 

88.     Other:

 

 

        

 

ACQUISITIONS (500-2-02.9)

89.     For acquisitions by eminent domain, did the Legal Department coordinate the acquisition?

  Yes       No

 

90.     Was the acquisition completed within one year of Board authorization?

  Yes       No

 

91.     Was the acquisition resubmitted to the Board if any of the circumstances described in the SOP were met?

 

  Yes       No

 

92.     Were Lobbying Law requirements met including a restricted period, contact only with official contacts, vendor responsibility, etc.?

  Yes       No

 

93.     Were required survey and appraisal deposits and costs received?

  Yes       No

 

94.     Was any required survey or appraisal completed?

  Yes       No

 

95.     Were SEQRA reviews completed?

  Yes       No

 

96.     Was the acquisition reviewed by the TRPMC?

  Yes       No

 

97.     Was the Board kept apprised of the progress of the lease?

  Yes       No

 

98.     Did the Board authorize the acquisition?

  Yes       No

 

99.     Did BRPM coordinate the preparation of the acquisition package?

  Yes       No

 

100.  Did the Legal Department prepare the purchase agreement or easement and applicable documents? 

  Yes       No

 

101.  Was the purchase and sale agreement signed by the Executive Director, the Contracting Officer, and the Legal Department?

  Yes       No

 

102.  Where the property value was >$15,000, did the OAG and OSC approve the acquisition? 

  Yes       No

 

103.  Did the Legal Department coordinate the closing?

  Yes       No

 

104.  Did BRPM maintain a Transaction Record for the sale?

  Yes       No

 

105.  Other:

 

 

       

 

SALES (500-2-2.10)

106.  Was a TTAR completed and approved for the sale?

  Yes       No

 

107.  Were any permits issued in advance of the sale approved by the Executive Director?

  Yes       No

 

108.  Was the sale resubmitted to the Board if any of the circumstances described in the SOP were met?

  Yes       No

 

109.  Was the sale completed within one year of Board authorization?

  Yes       No

 

110.  Were Lobbying Law requirements met including a restricted period, contact only with official contacts, vendor responsibility, etc.?

  Yes       No

 

111.  Were required survey and appraisal deposits and costs received?

  Yes       No

 

112.  Was any required survey or appraisal completed?

  Yes       No

 

113.  Were SEQRA reviews completed?

  Yes       No

 

114.  Did the DD notify the applicant of any rejections of their application?

  Yes       No

 

115.  Was the sale reviewed by the TRPMC?

  Yes       No

 

116.  Was the Board kept apprised of the progress of the sale?

  Yes       No

 

117.  If required, was an explanatory statement prepared and distributed by BRPM?

  Yes       No

 

Questions 118 and 119 - apply to sales by auction.  For an RFP, reference procurement procedures.

118.  Did BRPM coordinate the development of an auction plan that was approved by the Contracting Officer?

  Yes       No

 

119.  Did the auction bid package contain the information required in the SOP?

  Yes       No

 

120.  Did the sale notice and advertising plan contain the information required in the SOP?

  Yes       No

 

121.  Was a notice of sale developed containing the information required in the SOP?

  Yes       No

 

122.  Were the plans followed?

  Yes       No

 

123.  Did prospective bidders register and did the registration form contain Lobbying Law requirements?

  Yes       No

 

124.  Was the sales agreement signed by the highest bidder at the conclusion of the auction and a deposit paid?

  Yes       No

 

125.  Did the Board authorize the proposed sale?

  Yes       No

 

126.  Did BRPM enter the transaction information on the list of real property with a FMV >$15,000 that the Authority intends to dispose of for that year?

  Yes       No

 

127.  Was the sales agreement prepared by the Legal Department?

  Yes       No

 

128.  Was the sale agreement signed by the Legal Department, the Chief Financial Officer, and the Executive Director?

  Yes       No

 

129.  Where the sale contract value was over $10,000, did the OAG and OSC approve the sale?

  Yes       No

 

130.  Did BRPM notify the applicant of any rejections?

  Yes       No

 

131.  Did BRPM notify ERPU to update maps and databases to reflect the sale?

  Yes       No

 

132.  Did BRPM keep the Transaction Record for the sale?

  Yes       No

 

Other:

 

 

        

 

 


 

EXHIBIT 3

CORRECTIVE ACTION PLAN

 

Finding

Action

Person Responsible

Due Date

Completion Date

Verified By & Date Verified