NYSAC News - Winter 2014

NEW YORK STATE ASSOCIATION OF COUNTIES

Volume 35, Issue 1 | Winter 2014

President’s Page NYSAC OFFICERS Mark R. Alger, Steuben County President Hon. Anthony J. Picente, Oneida County President-Elect Hon. Randall Douglas, Essex County First Vice President Hon. Maggie Brooks, Monroe County Second Vice President

From the NYSAC President, Mark R. Alger

A

s I reflect on 2013, I am proud of the

I would like to thank the State Legislature for

things that we accomplished through

providing support to local governments during

our Association of Counties. We

the legislative session in Albany.

continue to make the case in Albany to reform

MEMBERS Hon. MaryEllen Odell, Putnam County www.putnamcountyny.com

Hon. James Hoffman, Wayne County www.co.wayne.ny.us

Hon. John LaPointe, Washington County www.co.washington.ny.us

Hon. William Cherry, Schoharie County www.schohariecounty-ny.gov

Hon. Joanie Mahoney, Onondaga County www.ongov.net

Hon. Edward Mangano, Nassau County www.nassaucountyny.gov

Hon. Christopher Moss, Chemung County www.chemungcounty.com

Hon. William Ross, Niagara County www.niagaracounty.com

Steve Williams, New York County www.nyc.gov

state mandated programs and articulate why this is critical to retain our community, and our ability to provide services locally.

Much progress has been made by the state to address the growth in costs, especially in Medicaid, which for far too long has consumed the vast majority of our local resources.

Your Association will continue to work on your behalf during the 2014 Legislative Session.

We continue to make the case for reform of mandated programs. We will continue to partner with the Governor and our State Legislature to make economic development and tax cuts a priority for the state. And, we will continue to make the case for a strong

We’ve made progress in addressing pension

system of home rule preservation for our local

costs, which are directly linked to the

governments. Finally, your Association will

economy, and have begun to take important

continue to use data to drive policy reform and

steps to ensure the integrity of pre-school

we appreciate all the members for assisting in

special education services. Based on his

this regard.

actions, the Governor seems to understand the role and benefit of county government.

Without this understanding, our ability to achieve reform would be lost.

Our state has suffered under the claws of the Great Recession that began in 2008 and the natural disasters that have devastated much of our state. We were hit hard in every pocket of

So, I would like to take this opportunity as

this great state. But, we are resilient. We will

we enter 2014 to acknowledge and thank

re-emerge as a stronger state, better prepared

Governor Cuomo for using his first term in

to grow our economy and preserve a quality

office to understand the regional governments,

of life that we have long enjoyed here in the

PARLIAMENTARIANS

the counties, and to encourage him to continue

great State of New York.

Hon. Herman Geist, Esq., Westchester County

to use his power as the state’s chief executive

www.westchestergov.com

to build a legacy on systemic mandate reform.

I am honored to serve as your

Hon. A. Douglas Berwanger, Wyoming County

I would also like to thank our State Legislature,

president and appreciate the

who often is put under tremendous pressure

role all of have in our “community

to deliberate and achieve consensus on the

of counties.” I wish all a happy,

www.wyomingco.net

TREASURER Robert F. Currier, Albany County www.albanycounty.com

Governor’s proposals and to balance the needs of their constituents from across the

healthy and productive 2014.

state. Our state elected officials have an appreciation of the local needs as we all live in the community. On behalf of the membership,

www.nysac.org 3

Dedicated to keeping New York Counties fiscally fit and financially compliant: Accounting & Auditing Forensic Accounting Fraud, Waste, and Abuse – Prevention and Deterrence Regulatory Compliance Programs Room Tax Audits Health Care and Medicaid Services Consulting & More

Connect with us:

877.917.3077 | bonadio.com |

Director’s Page NYSAC STAFF

From the Executive Director, Stephen J. Acquario

Stephen J. Acquario, Esq. Executive Director Karen Catalfamo Office/Financial Manager Nicole Correia Communication Coordinator Patrick Cummings, Esq. Assistant Counsel Jackie Dederick Records Manager Mark LaVigne Deputy Director Dave Lucas Director of Finance & Intergovernmental Affairs Patricia Milkiewicz Executive Assistant Juanita Munguia Marketing Specialist Jeanette Stanziano Director of Education & Training Melissa Tiberio Associate Counsel Tammy Thomas Communication Assistant Receptionist Katy Vescio Deputy Director of Governmental Relations Shawn Voland Legislative / Office Clerk

T

he services provided though county government administration are vast and encompass just about every aspect of society. Yet, some citizens do not concern themselves with the machinations of government—state or local. County government, while often invisible, acts as the backbone of state administration locally.

And, in this united State of New York, no two counties are the same. Each county acts and responds to needs locally, serving the citizens, tourists and businesses within their borders.

Counties were initially established around 1693 by an act of the British King who felt the colony of New York needed a level of government closer to the people to provide for public health and safety. More than 320 years later, New York proudly has 57 counties and the five boroughs of New York City.

NYSAC was created in 1925 as an extension of our counties for the purposes of training, educating and representing county elected and appointed officials from across New York State. As we prepare for our 90th anniversary in 2015, we have not strayed from our original purposes. Our mission is to represent, educate, advocate for, and serve the thousands of elected and appointed county officials in New York State.

We advocate for Hamilton, which has a year round population of just over 5,000 residents, and New York City with its five boroughs and 9 million people. Our county budgets range from $63.2 million in Seneca County to $2.7 billion in Suffolk County.

Counties are the regional government closest to the people in need of government assistance, so we provide regional services and offer an array of other programs that strengthen communities across the state. We all deliver the same set of state mandated services – like Temporary Assistance for Needy Families and Indigent Defense, and many similar local discretionary programs – like Meals on Wheels, veterans’ services, economic development and tourism.

Our legislative bodies enact local laws to make their community and residents safer, cleaner, greener and healthier. Our counties make sure that our restaurants are inspected and that a gallon of gas is actually a gallon.

We sponsor 29 community colleges, and provide economic development incentives designed to attract businesses and grow jobs.

We operate 26 airports and we plow and maintain tens of thousands of miles of county roads and thousands of bridges connecting communities across the state., Counties own and operate life-saving 9-1-1 emergency response services and patrol our roads, and operate a jail in every county, keeping society safer. We ensure legal representation for the poor, prosecute alleged criminals, construct and maintain courthouses.

We act as the clerk of the court, record deeds, handle pistol permits, and provide drivers licenses and vehicle registrations. We coordinate workers at thousands of polling sites for primary and general elections each year.

So, with this edition of the NYSAC News, your Association salutes you for all you do for the residents of your community.

www.nysac.org 7

NEW YORK STATE ASSOCIATION OF COUNTIES

PUB L IS H ED 3 TIMES A YEAR President • Mark Alger Publisher • Stephen J. Acquario Managing Editor • Mark F. LaVigne Staff Writers • Nicole Correia, Jackie Dederick, Patrick Cummings, Mark LaVigne, Dave Lucas, Melissa Tiberio and Kathryn Vescio Advertising Staff • Juanita Munguia NYSAC’s mission is to represent, educate, advocate for, and serve member counties at the federal and state levels.

Published 3 times a year by the New York State Association of Counties (NYSAC) the NYSAC News is the official publication of NYSAC, a non-profit, municipal association serving the 57 counties of New York State and the City of New York with its five boroughs for over 80 years. NYSAC’s mission is to represent, educate and advocate for member counties at the federal and state levels.

NYSAC NEWS MAGAZINE 540 Broadway, 5th Floor, Albany, New York 12207 Phone • (518) 465-1473 Fax • (518) 465-0506 Send submissions to mlavigne@nysac.org. Submissions should be 750 to 1,000 words and include a high resolution photo of the author­. All submissions­are subject to editing for clarity, content and/or length.

The advertisments and articles in NYSAC News in no way imply support or endorsement­by NYSAC for any of the products, services or messages conveyed herein.

2013© New York State Association of Counties

Table of Contents Winter 2014 NYSAC News • Volume 35, Issue 1

18 13 20

Great (Property Tax) Expectations

NYSAC Informs with e-news publications: NYSAC Weekly Wire Emailed every Friday during the Legislative Session.

Highlights county-related issues and activities that taking place in Albany.

Counties in the News Daily news updates from counties across the state, compiled by NYSAC and delivered to your inbox every day.

The Historic and Contemporary Role of New York State Counties

16 24 26

Funding 9-1-1 Services in New York

The Playbook for Newly Elected County Leaders

Advertise with NYSAC

contact NYSAC Marketing Specialist Juanita Munguia

Casino Gaming Comes to New York

2014 Fall Seminar Sept. 22–24 Hyatt/Erie County Convention Center

Buffalo, New York

Local Governments and Prayer

38

NYSAC and County Highway Leaders Urge State Aid for Local Bridges

39

Considering the New York State Organics Recycling Bill

43

Affiliate Focus: Aviation Helps NY’s Economy Fly

28

44

31

45

32

46

FOIL and Privacy: Where Do We Draw the Line?

SAVE THE DATE

Market!

22

Improving New York’s Voter Turnout

To sign up visit www.nysac.org

Target Your

PayGo NY: Innovation at Work in Local Governments

36

Oneida County: Agricultural gold in the Heart of New York State Counties Realize Two-Fold Benefit from Federal Incentives for Health IT

34

Federal Immigration Reform: Possible Impact on NYS Counties

Cover Image: Winter fun in New York.

It’s Time to Start Protecting Farms Again Marking the Retirement of Past Presidents of NYSAC and the County Executives Association Getting Your Equipment and Facilities Ready for the Summer Season

49 New County Laws

at 518-465-1473 or jmunguia@nysac.org www.nysac.org 11

NEW YORK STATE ASSOCIATION OF COUNTIES

Spring/Summer 2014 NYSAC News magazine Deadline Date • April 2014 Submit articles of 750 words to mlavigne@nysac.org To advertise, contact Juanita Munguia at jmunguia@nysac.org

The Historic and Contemporary Role of New York State Counties

By Mark LaVigne NYSAC Deputy Director

A

county is a geographically-based subdivision of local government, but it is also much more than that.

Counties in New York are major service providers and administrators: they administer and/or fund most of the services that the average citizen regularly makes use of and also collect a large portion of an individual’s taxes. Counties therefore play a key role in the interaction between the government and the governed.

But in order to put county function and design of government in the proper context, a probe in to the history of county government is required.

The Origin of New York’s Counties At a historic “General Assembly of the Freeholders” in 1693, the first counties in New York saw the light of day through the Charter for Liberties and Principles adopted by the colonial government. The initial purpose of counties was to increase the efficiency of service delivery at the local level. The charter divided New York into 12 counties, and the county became the source of representation in the Colonial Assembly as well as the basis for the system of courts.

The charter also directed the towns of the counties to elect a town supervisor. The initial task of a supervisor was to hold the

office of town treasurer. The supervisors of all the towns in a county would later form the base for the board of supervisors, the counties’ legislative bodies. Some counties’ legislative bodies are still based on this system today and retain board of supervisors name.

In 1777, a year after independence from England, the first State Constitution was ratified. The Constitution designated counties, towns, and cities as the only units of local government in the state. An additional constitutional provision continued the practice established by the English of locally-elected supervisors, reinforcing the democratic legitimacy and strengthening the autonomy of local government.

The Evolving County Role In 1778 the State legislature further enhanced county autonomy by giving them the power to finance their “public and necessary charges”. Previously, the state had sole responsibility for the provision of services while the purpose of the county was to serve as the administrative branch.

Through these changes by the State legislature, counties were given sole responsibility for: police, fire safety, public health and welfare, jails and court services, thereby changing their role from administrator to provider. These changes opened the

Kings Charter

14 N YSAC News Winter 201 4

door for further enhancements to county autonomy and in 1821, county democratic autonomy was enhanced further when the offices of sheriff, clerk and treasurer became elected offices.

1892 was another landmark year for counties with the adoption of the Consolidated County Law. In the Consolidated County Law, county boards of supervisors were tasked with reviewing and auditing the reports of all the county elected officials. Towns were also required to certify their economic requirements to the county and, based on these reports, the board determined the county and town taxes. Additionally, county boards of supervisors were granted the power to create new towns and school districts. Thus, much of the current organizational structure of county operations originates in the Consolidated County Law.

The Modern County In 1935, the State legislature allowed the first county to adopt a county charter to devise its own form of county government.

These changes included creating an executive authority (county president) and introduced systematic county budgeting.

This brief history of New York State counties shows a clear trend of decentralization and increased county autonomy as the complexity of social and economic aspects of the state increase and the need for locally adapted policy grows. While counties are still clearly a subdivision of state government, they have developed from a simple administrative office dedicated to service delivery, to a much more independent provider of certain services.

New York has gone from 12 counties to the 57 counties we have today (plus the city of New York and its five boroughs).

With the increasing decentralization of state services, counties’ expenses have soared and while services vary from county to county, New York’s counties offer vast services compared to the rest of the nation. While the original counties almost exclusively provided emergency services, the scope of county services has grown to include: education, health, transportation and roads, care for the elderly, economic assistance, culture and recreation, courts, jails and more.

The increase in county services has also brought an increase in county expenses. The expenses of county governments rose from $5.5 billion in 1980 to $16.4 billion in 2003. The counties have also experienced radical changes in revenue.

Since the counties were given the power to tax their citizens, the share of revenue from the state and federal governments has decreased steadily. But while counties have been given greater autonomy, they are still required to provide certain mandated state services. In 2000, only 26.4% of New York county revenue came from the state and federal governments.

The two largest other sources of revenue were retail sales tax (22.7%) and property tax (22%).

State legislation currently soft caps county sales tax to 3% with further sales tax needing state approval. The growth of the property tax levy is now also subject to a cap, effectively rendering all of the counties’ major sources of income under state control. This constitutes a clear break from the long trend of increasing county autonomy.

County Timeline 1683 The first counties in NY are created.

1776-78 U.S. independence from England and important changes in county function.

1892 Consolidated County Law lays the foundations of modern county organizational structure.

1935-59 Counties are authorized to make wide spread changes to the county legislative bodies.

2012 The property tax cap constitutes a clear break with a 300 year trend of decentralization of state government.

www.nysac.org 15

The Playbook for Newly Elected County Leaders 1. Attend Meetings of the Board

By Mark R. Alger NYSAC President

2. Get to Know Your Colleagues In order for any government to function, leaders must work together. Get to know your fellow board members regardless of political affiliation. Do some board members work in government at a different level? Are they in the private or not-for-profit sector?

Some no doubt are lawyers, teachers, realtors, or business owners. Some may run a farm or drive a school bus. Some may be retired. Lawmakers come from many different backgrounds and so bring different assets, talents, and experience to the table.

What they have in common, of course, is that they were elected to represent their constituents. Finding out what is important to fellow lawmakers and communicating your priorities to them is beneficial. Arrange to visit your colleagues in their districts for coffee or lunch, and see firsthand the things that are important to them.

When speaking, be considerate of your colleagues and the work of the body, be respectful and get to the point. Use your legislative powers judiciously and in full consideration of colleagues and the parttime work of the body. Each individual has a unique perspective and brings expertise, knowledge and experience to the floor. Be aware of these qualities.

3. Attend Committee Meetings Another important aspect for a newly elected lawmaker to consider is which committees he/she considers important or interesting.

After all, much of the business of the legislature is conducted by its committees. They are

16 N YSAC News Wint er 201 4

Attend as many meetings of the full legislature as possible. Observing the protocols will give a lawmaker a good feel for how the board conducts business, even though new legislators tend to stay on the quieter side early on. Pay special attention to how members interact with each other, who speaks, who listens, who gathers before and after the meeting to talk. Who are the players? Where does the public sit and who attends regularly? Which citizens speak with which legislators before and after the meetings? Who represents the media? An attentive lawmaker will notice all sorts of things while paying close attention.

Many of these observations may serve you well down the road.

critical to processing (and generating) the workload of the legislature. As important as attending a regular session may be, attending committee meetings is also very important.

Which committees suit an individual legislator is generally a matter of personal taste. Some committees may be a natural for some given personal interests, background, and expertise. Ideally, these align with the constituents’ needs too. The most important consideration for a newly elected lawmaker at this stage is to identify the committees where your specific skills could aid the community and perhaps broaden the understanding of the issues.

Watch the committee dynamics and players to see if it would indeed be a good fit. What is the workload of the committee? Do they meet regularly or sporadically? With likely multiple committee assignments, which committees work well with your schedule and interests? Remember, board members need to be able to attend their various committee meetings faithfully.

4. Attend Legislative Caucus Meetings The legislative caucus is where the board discusses pending business informally, both substantively and with respect to political consequences.

Attending these caucus meetings will serve you well. Some newly elected lawmakers may have an informal “sponsor” or two who are members of the party’s caucus and who will be more than willing to introduce and help welcome you.

5. Develop Core Legislative Competencies and Capabilities Elements of being a trusted and effective county legislator include: • Knowing the rules of the legislative process; • Serving constructively on a committee; • Knowing how to draft a resolution or local law to address a problem and knowing how to get it through the legislative labyrinth; • Being able to speak intelligently in public at legislative meetings in favor or against a proposal; • Working with constituents and colleagues, and • Talking with the press about the issues affecting the county.

Some lawmakers may have a better handle on some of these competencies than others at the start of their service. Many of these skills are a function of practice, repetition, knowledge and comfort level. One does not need to have mastered the entire portfolio, or to be “out front” on issue after issue, to be effective at the job of being a county board member.

6. Attend New Member Orientation Programs If the board sponsors an orientation program for new members, take advantage of this opportunity. It may all be a bit overwhelming at first, but new member packets will contain useful materials for your reference. Learn whom to follow-up with in the future if you have questions.

7. Learn the Rules Become familiar with the law(s) and the rules that govern the county board, whether it’s a county charter, other body of law, or board procedure. These rules flesh out details from the sometimes broader and more general laws and charters, or address matters not covered in law, such as the party caucuses.

That is not to say that a newly elected board member must learn all of this material in one sitting, but you should have the documents on hand, familiarize yourself with them, and refer to them as needed. These documents contain the legal basis for the legislature, its duties, and how it enacts resolutions or local laws.

A board member also needs to know how county government is organized and how it functions. Obtain an organization chart and have the county manager/

administrator or the board chair give a briefing on staffing and reporting relationships within the county.

8. Stay Connected to Home Base It should go without saying: while undertaking your role as lawmaker, stay connected to your constituency. One of the first things a newly elected lawmaker should do is thank the people who helped get them elected. This should be the first of many interactions you have with residents as an elected official. Staying involved and knowing what is on the constituent’s minds is vital. What matters to them?

Being available is important. More than likely, you’re already a concerned and active citizen embedded in the community or you wouldn’t have run for office in the first place!

9. Continue Your Education Most positions require some degree of learning on the job and elective office is no exception. In fact, because lawmakers are elected, it is even more important than for most positions. Fortunately, county officials in New York have an invaluable tool when it comes to increasing their effectiveness as lawmakers: The Dennis A. Pelletier County Government Institute.

The Pelletier Institute was established by the Board of Directors of the New

York State Association of Counties in partnership with Cornell University. The mission of the Pelletier Institute is to provide training, education, and technical assistance to county officials to support their participation in knowledgeable, constructive, and civil dialogue on the challenges they face as elected and appointed leaders in New York State.

10. Use Your County Association The New York State Association of Counties, (NYSAC) is the statewide association representing county officials throughout the state. NYSAC represents local elected officials in Albany and Washington. The Association’s leaders come from all around the State and represent both large and small counties and, importantly, both the legislative and the executive bodies of counties.

Active involvement in your State Association can only help elected officials perform their jobs better at home. It is unrealistic to expect a newly elected lawmaker to know everything they need to know right away, and the NYSAC membership’s rich body of experience, together with the experts on the Association’s staff, offer invaluable resources. NYSAC provides a fertile ground for networking, learning, and meeting interesting people.

1. Attend Meetings of the Board 2. Get to Know Your Colleagues 3. Attend Committee Meetings 4. Attend Legislative Caucus Meetings 5. Develop Core Legislative Competencies and Capabilities 6. Attend New Member Orientation Programs 7. Learn the Rules 8. Stay Connected to Home Base 9. Continue Your Education 10. Use Your County Association

www.nysac.org 17

Great (Property Tax) Expectations

By Dave Lucas NYSAC Director of Finance and Intergovernmental Affairs

The History The high property tax burden in New York State and our ranking (for decades) as one of the highest property tax states in the nation has been well documented. According to data from the New York State Department of Taxation and Finance, in 2012 the combined property tax rate statewide, including all taxing jurisdictions (school district, county, city, town village, fire district, special district, etc.) came in just over $28 per $1,000 of home value.

The low was $14.90 and the high was $48.80. This is a wide variation and, for dramatic effect, the burden felt by the homeowner could be described as ranging from “crushing” to “oppressive.”

Why does the low end of the range get a rating of “crushing”? By comparison, a homeowner in North Carolina would pay just under $7 per $1,000 of home value in total property taxes (on a statewide basis NC ranks about 38th for property tax burden, compared to New York’s rating of 5th highest).

For a homeowner in New York with a $200,000 home, the $28 per $1,000 translates to a combined property tax bill of $5,600. However, in more than half the counties, the combined tax rate for all local governments averages $35 per $1,000, meaning they pay about $7,000 in property taxes for their $200,000 home. For this second subset of tax payers, their 30-year mortgage payment at 4 % (a widely available rate the last couple of years) would be about $1,350, 18 N YSAC News Winter 201 4

The bigger question facing New York is, “Is slowing the rate of growth in property taxes enough, or do we need to freeze, or actually lower property taxes from today’s level”?

with 43% of that amount required for property taxes – oppressive by national comparison! For the lucky homeowners at the statewide average, 38% of their mortgage payment goes to property taxes.

It is a Dilemma These state-by-state rankings of property tax burden do not change very much over time without a significant localized change – the word glacial comes to mind. In fact, over the last six years where data is available for comparison purposes, New York ranked 5th each year and North Carolina ranked 38th each year. And our neighbor to the east that is often cited as an example of a successful property tax cap state – Massachusetts – after 30 years of implementation they still rank in the top ten highest in three out of four of the most coming property tax comparison measures.

For the most recent five years for which data is available (prior to enactment of New York’s property tax cap), the average rate of growth in New York property taxes collected per capita exceeded the national average only slightly, but 33 states had slower annual growth rates. Not a good omen for catching up, even under New York’s tax cap regimen. Going forward, if New York was to stay within its self-imposed property tax cap for the next 10 years, and every other state grew at their current rate or the national average, New York’s property tax ranking would drop from 5th highest to 10th. As meager

as it sounds, that would be progress.

However, it is not abundantly clear that all local governments, or tax payers, in New York will be able to (or want to, in the case of school budgets) abide by the cap over the next decade because of the impact on services and quality of life.

Enacted Mandate Relief Will Help Counties to Stay Within the Tax Cap For counties, the state has enacted some very important mandate relief measures. First, the state capped the counties’ cost growth for the State’s Medicaid program on a permanent basis. The county and New York City share will be capped at $7.6 billion annually and will no longer grow in the future. The bad news is that $7.6 billion is permanently baked into NYC and county governments’ tax levy. Second, two separate pension reforms, Tier 5 and Tier 6, will also provide important cost reductions in the future. A third item of mandate relief for counties, and likely the largest, can stem from the implementation of the Affordable Care Act (assuming it survives its own rollout problems and Congressional scrutiny).

Under this federal law, New York State and its counties will see significant fiscal relief as the federal government pays a higher percentage of the cost of certain Medicaid populations starting in 2014 and beyond. Together, these items, in conjunction with significant fiscal discipline actions and management efficiencies implemented

by county government, most counties have a pretty good shot at staying within the tax cap in the future. This assumes there is no Great Recession redux, no major cost shifts from the state and no new (or expanded) mandates are placed on counties in the future.

How Do We Fix This Dilemma?

The bigger question facing New York is, “Is slowing the rate of growth in property taxes enough, or do we need to freeze, or actually lower property taxes from today’s level”?

While focusing so much on the property tax burden (as they should) State and local elected officials must also be aware that they are raising expectations among tax payers that there will be actual relief from high property taxes. For a tax payer being “crushed” or “oppressed” by property taxes, relief more likely means taking

burdens off their shoulders, not adding smaller amounts of weight in the future.

Freezing property taxes or reducing them from today’s level requires a much bigger reformulation of state and local government – far beyond the historic changes recently enacted by the Governor, State Legislature and local government leaders. Sticking with earth science terms – we need a tectonic shift. This means determining what services should be provided, which level of government should deliver them and how, and what is the most efficient way (least burdensome tax) to pay for these services.

Shared services expansion (which is very common today and has been for decades), government consolidation (not very common in New York and not usually endorsed by voters when the time to vote on dissolution comes), public-private partnerships, limiting the scope of government functions and

services, and reducing state mandates will all need to be part of the equation if the goal is real and sustained property tax relief (lowering the burden).

Our state ranking at or near the top of the pack for property taxes the last couple of decades clearly shows that we rely far too much on locally raised property taxes to support government services that in most other states are supported by revenues raised through statewide sources.

Interestingly, if New York froze all property taxes at today’s level and the rest of the nation grew at their current rates, New York would drop from 5th to 18th in property tax burden in 10 years, and yes, North Carolina would still be 38th. We have a lot of work ahead of us still.

www.nysac.org 19

PayGo NY: Innovation at Work in Local Governments

By Mike Hein Ulster County Executive

T

here is an old saying that suggests difficult challenges present opportunities for innovation.

I agree, and I have seen it with my own eyes. This summer, I met with dozens of New York State’s local leaders that have identified and implemented innovative solutions to the fiscal challenges they have faced over the past few years.

In this era of doing more with less, deep cuts, increased costs, unfunded mandates, and the 2% property tax cap; it is time to recognize projects and innovations that are making a positive difference for New York.

I hosted a series of six PAYGo NY roundtable meetings around the state to highlight all of the great work being done at the local level.

These projects often go unnoticed by the public, but they provide operational efficiencies and taxpayer savings. We want to shed light on some of the projects that may have been underappreciated.

The ambitious goal of this bipartisan effort is to determine how municipalities are staying within the State’s 2% property tax cap and paying for unfunded mandates, while at the same time retaining and creating new essential programs and services. PAYGo NY also seeks to identify and detail the bureaucratic hurdles inhibiting reform. I wanted to seize this opportunity to capitalize on the vast experience of New York’s local officials in order to both protect taxpayers and deliver high-quality services.

As a result of the statewide PAYGo NY roundtable series, I released a report titled PAYGo NY: Bringing Innovative Solutions to Local Government Challenges. Some of the solutions are excerpted below.

Innovative Solutions Some highlights of the solutions discussed at the PayGo NY forums include: A. Land Banks – Vacant, abandoned, and tax-delinquent properties can scar a community. With no authority to take control and redevelop these properties, local governments suffer loss of revenue, unattractive landscapes, and the cost of potential public health and safety mitigation. To address these difficulties, municipalities are establishing land banks to acquire tax delinquent, tax foreclosed, vacant, or abandoned real property.

20 N YSAC News Win ter 201 4

Once a land bank is established, municipalities can design, develop, construct, demolish, reconstruct, rehabilitate, renovate and otherwise improve upon the property.

B. S.T.R.I.V.E. Project – In Ulster County, leaders created the S.T.R.I.V.E. (Shared Taxpayer Relief through Innovative Visions in Education) Project. This is a transformative plan for collaboration that provides enhanced educational opportunities while saving taxpayers millions. The S.T.R.I.V.E. project will improve access to higher education, place surplus county buildings back on the tax rolls, repurpose an elementary school that would otherwise become vacant, provide a single point of access to Ulster County’s health and human services and provide better educational opportunities for less money.

C. Office of Intermunicipal Coordination – In early 2006, North Hempstead Town Supervisor Jon Kaiman established the Town’s Office of Intermunicipal Coordination to improve the way local governments and municipal corporations communicated and worked together to provide the highest level of services at reduced costs for taxpayers. This office has oversight of more than 40 intermunicipal agreements, including those with incorporated villages, schools, libraries, water and water pollution control districts, and police districts. Intermunicipal coordination has allowed the town and its local municipalities and districts to increase their efficiency and cost effectiveness.

D. Collaboration on Highway Resurfacing – Erie County and the Town of Tonawanda embarked on a collaborative project to pave one of the area’s parkways. The town provided a milling machine and employee labor while the county provided trucks, rollers, asphalt and additional labor to expedite the process. The work on the parkway, which the county owns, likely would have been delayed until the following year due to budget constraints.

But because of this collaboration, the work saved money and was completed earlier than expected.

E. Comprehensive Organizational Restructuring – The Town of East Hampton seized the opportunity to perform a comprehensive organizational restructuring in 2010 when 33 employees retired.

Town administrators reviewed all departments and divisions and consolidated functions under a single manager whenever possible. With the redesigning of the Town-wide organization

chart, the size of Town government was reduced from twentysix to thirteen departments and divisions, and processes were streamlined to produce a more effective an efficient work flow.

F. Zoning Enforcement – Village of Tivoli Mayor Bryan Cranna spoke at a PAYGoNY event about the village sharing a zoning enforcement officer with the Town of Red Hook, while still maintaining a Village Zoning Board to avoid the loss of “local character/identity.”

G. Converting a School – Rondout Valley Central School District Superintendent Rosario Agostaro explained that when the school district was faced with closing a school, it pursued a plan to reuse the building for another public purpose. Plans are underway to convert the school into a shared town hall for three towns and a police station. This plan requires State legislation.

H. School Facilities – Washingtonville School District Superintendent Roberta Greene believes that a key to ensuring effective shared service delivery is to have regular monthly meetings with all jurisdictions to assess common problems and catalogue available resources. The school district currently shares a fuel depot and a staff of mechanics with neighboring jurisdictions. It also allows local police and public safety officers to access the computer labs for public safety purposes, and provided students from the drama club for “active shooter” training. Many of the school buildings remain open all year to allow for computer literacy and training to the community. Not-for-profit organizations also use kitchen facilities in the summer to operate soup kitchens or process local farm products, and the school district provides grant writing training for various governmental entities.

Municipal Innovation Exchange of New York We are not going to stop with the report. It became apparent early in this PAYGo NY process that a report would only be useful for a short time. What New York State’s local leaders really need is improved communication, and for the traditional boundaries between schools and municipalities and between leaders in the various regions of the State to be broken down for the long term. To accomplish these goals, the state’s municipal associations and the school boards association are working collectively to create a dynamic online forum, the Municipal Innovation Exchange of New York.

This searchable database will provide elected and appointed leaders at all levels of government and within the schools, as well as students and the public, a dynamic online catalog of best practices and innovative solutions to challenges faced by municipalities across New York State. It will enable leaders in similar situations to benefit from the expertise and experiences of others and be: • easily accessible online to municipal leaders and the public, • well-organized and easy to search, • interactive and dynamic, and • regularly updated.

For more information about PayGo NY, visit www.paygony.com.

Read the full report To view the full report, PayGo NY: Bringing Innovative Solutions to Local Government Challenges, visit www.paygony.com. You can also submit your own municipality’s innovative solutions on the PayGo website.

www.nysac.org 21

Improving New York’s Voter Turnout

By Melissa Tiberio NYSAC Associate Counsel

T

here is wide variation in how states across the country run elections, and there is a large disparity of voter turnout as well.

As you may know, New York State has long struggled with some of the lowest voter turnout rates in the county. In 2012, New York State ranked 44th among all states (and the District of Columbia) in voter turnout. Only 53.2% of eligible New York voters cast a ballot; the national average that year was 58.2%, with a high of 75.7% in Minnesota and a low of 44.2% in Hawaii. This dismal voter-turnout pattern has been the case in New York for the last several election cycles. Going as far back as the 1980 presidential election, New York’s voter turnout seldom matched the national average.

The most recent proposal to increase voter participation in New York State includes early voting. Early voting is a term used to describe any system where voters can cast their ballots prior to Election Day. Thirty-five states (including D.C.) provide for in-person early voting or mail-in voting. However, the availability of early voting is not the only barrier to voter participation to consider when developing reforms to improve voter turnout.

New York also has one of the lowest voter registration rates in the nation. As of 2010, less than 64% of eligible New Yorkers were registered to vote. This may provide some explanation for why New York’s turnout is falling behind, and impact how the State ranks nationally in voter turnout.

22 N YSAC News Winter 201 4

Voting in New York: Current Law Eligibility

To be eligible to vote in New York State, one must:  Be a United States citizen over the age of 18;  Not be incarcerated for a felony or on felony parole; and  Register with the New York State Board of Elections. In order to register:  One must be 18 years old by December 31 of the year the registration form is filed;  Live at their present address at least 30 days before an election;  Not be in prison or on parole for a felony conviction;  Not be adjudged mentally incompetent by a court.

Voter Registration

New York exclusively uses a paper-based system. The voter registration form can be obtained in person at a designated registration center or board of elections, online, or sent in the mail. Each of these methods requires signing the form and mailing it in, or registering in person.

Another hurdle to registering in New York is that registration must occur at least 25 days before an election. The New York State Constitution only requires that voters register 10 days before an election.

Absentee Voting

New York authorizes voters to cast an absentee ballot in the following limited circumstances:  The voter expects to be absent from the county of his or her residence on election day;  The voter is unable to appear at the polling place of the election district in which he or she is a qualified voter because of illness or physical disability or duties related to the primary care of one or more individuals who are ill or physically disabled, or because he or she will be or is a patient in a hospital;  The voter is an inmate or patient of a veteran’s administration hospital; or  The voter is absent from his or her voting residence because he or she is detained in jail awaiting action by a grand jury or awaiting trial, or confined in jail or prison after a conviction for an offense other than a felony, provided that he or she is qualified to vote in the election district of his or her residence.

Voter turnout may improve by providing citizens with more opportunities to register to vote.

Reforms such as day-of registration and online submission should be explored.

Early Voting Defined Early In-Person Voting

Early In-Person voting provides voters with the option of casting a vote early at a satellite location or at the county elections office.

This voting method still requires that voters appear in person to cast their ballot.

No-Excuse Absentee Voting

No-Excuse Absentee voting provides voters with an opportunity to vote absentee without providing a reason for doing so.

Vote-by-Mail

Voters will receive a ballot in the mail a few weeks prior to an election. Voters can then return the ballot by mail, or drop the ballot at designated locations. Oregon has used this system of voting since 1998. Three weeks prior to an election, voters receive a voter’s pamphlet, which provides candidate information. Voters can mail in the ballot 18 days prior to the election. The ballot may be returned any time after it is received up until election night.

There are 15 states including New York that do not allow early voting and also require specific excuses in order to vote via absentee ballot (New York was last in voter turnout amongst this group).

Proposed Early Voting Legislation in New York The New York State Assembly has passed a bill that would require early voting to begin on the third Thursday before any general election, and the second Thursday before any primary election.

Early voting would conclude on the Thursday prior to the election.

Voting hours would occur from 8:00 am until 8:00 pm on weekdays and between 9:00 am and 5:00 pm on Saturdays and Sundays.

County boards of elections would be required to designate at least five polling places in each county, geographically located so as to provide all voters in the county with an equal opportunity to cast a ballot.

There are six states (Louisiana, Indiana, Tennessee, Arkansas, Texas, and Virginia), who have authorized similar early in-person voting laws. These states also only offer excuse-required absentee voting. Of these six states, only Louisiana and Indiana have a higher voter turnout than New York. According to this data it is not clear whether the availability of early in-person voting always results in better turnout.

Voting in Other States

• 32 states have authorized Early In-Person Voting; • 30% of voters in the United States cast their ballots prior to Election Day; • Oregon and Washington conduct elections exclusively by mail Using national data, it is unclear whether early voting is the solution to low voter turnout. Other components of New York State’s elections process, such as voter registration, should be explored before implementing voting reforms.

www.nysac.org 23

Funding 9-1-1 Services in New York

By Katy Vescio NYSAC Deputy Director of Government Relations

Emergency Response: How it used to be

By Michael D. Allen Director, E-911 Services, Oswego County

M

y earliest memories of growing up in a small rural Hamlet were of streets void of cars and full of neighborhood kids, a mill pond that we could access for fishing and swimming, and the neighborhood Volunteer Fire Department.

The Pennellville Volunteers, “Home of The Beavers” were established in 1958 and, legend has it, needed to “prove their worth” prior to the first contract to cover the area by demonstrating their firefighting capability. Early members recall the exercise of extinguishing a small barn set afire, using borrowed jackets and boots and an old fire engine that was donated to the fledgling group by a neighboring department.

With only four houses separating our home from the Department, many evenings and dinners were interrupted with the sound of sirens and horns answering the call to duty.

However, all this commotion began with a simple phone call to our home and several others in the community. Let me explain…

Our house was one of three homes in the area that had a separate phone and attached button placed in it by the Department. Ours was placed in the kitchen on our refrigerator; others were placed in bedrooms or the local store. Vigilant house wives and business owners watched over these phones that shared the same circuit (party line) and answered them with “Pennellville Fire” when required. Folks in the district knew to call this number when an emergency arose, and my mom was always home to answer that call.

After writing down the pertinent information, Mom would press the button that would “blow” the siren at the fire house.

Local firemen would hear the siren and respond to the fire house to pick-up the fire phone that was attached to the three other phones in the neighborhood, then Mom, or one of the other folks, would relay the information to the first person to the station.

This system worked well for many years prior to centralized dispatch of fire services and the eventual rollout of 9-1-1 for all emergency services.

That’s how it used to be.

24 N YSAC News Win ter 201 4

I

n 1968, the United States designated 9-1-1 as the universal telephone number for emergency assistance. At that time, cell phones, fiber optics, and global position systems (GPS) were purely science fiction. Our 9-1-1 systems have had to evolve with these technologies in order to continue dispatching emergency response services. The administration and costs of the 9-1-1 program have evolved as well, from an initial function of the state police, to being a countyoperated, and funded, responsibility.

Devolution to Consolidation The 9-1-1 answering service was first established and operated locally by the state police for general emergencies, dispatching first responders to fires, accidents, and incidents at street addresses. Over time, the administration of 9-1-1 devolved to local governments that had police and fire departments.

Public Safety Answering Points (PSAPs) are the centers that receive 9-1-1 calls and dispatch emergency personnel. PSAPs used to exist in multiple municipalities within each county. Across most of New York State, PSAPs have been consolidated over the last 10 years. Where once there were multiple PSAPs operated by several jurisdictions, now most counties have a single PSAP. The central PSAP dispatches responders from local police stations, sheriff’s road patrol, EMS, State Troopers, Park Police and other agencies, depending on the nature of the emergency. PSAP consolidation in New York provided more efficient 9-1-1 operations and helped law enforcement adapt to the changing nature of 9-1-1 calls.

Rotary Dial to Next Generation 9-1-1 In the 1960s, all fire emergency calls were dialed from rotary telephones, traveled over landlines, and were usually answered by an operator at home. The operator then pushed a button that triggered the siren in the fire department to notify the community’s volunteer fire brigade. Emergency calls requesting law enforcement had to be directly placed to the state police or sheriff’s office.

Inter-agency coordination was not yet a reality. Much has changed over time.

In 2012, approximately 70% of calls to 9-1-1 were placed from mobile phones, according to the Federal Communications Commission (FCC). Mobile phones present new challenges for 9-1-1 because they can be difficult to locate precisely.

Present day 9-1-1 services must incorporate GPS and advanced mapping with multiple dispatch options, including fire, EMS, police and special units.

Changing technologies have also prompted changes in how 9-1-1 centers take calls. The prevalence of smartphones means that the public is able to take photos, videos and use email and text, but in order to send information to 9-1-1 using these

platforms, county PSAPs must be equipped to translate the information into a format usable by a call taker and dispatcher.

“Next Generation 9-1-1” (NG 9-1-1) refers to the upgrades needed to pinpoint the location of cell phone callers, or translate a text message at a 9-1-1 center. While the Federal Communication Commission (FCC) has yet to mandate that PSAPs comply with NG 9-1-1 standards, emergency communication professionals predict that day will come soon, forcing counties to find funding to comply with the new standards.

The Costs of Emergency Communication With recent advances in technology, it has become increasingly expensive (but necessary) for 9-1-1 call centers to accommodate the expanding needs of callers, and to use the latest information systems for rapid emergency response. For counties that still face challenges with basic radio communication interoperability, these upgrades will take longer and be more complex.

The cost of providing this service is borne by local taxpayers in the county where the PSAP is located. The price tag for NG 9-1-1 in New York State is expected to be $22 billion over the next 10 years. Until counties have access to

a dedicated revenue stream to pay for system upgrades and new communications equipment, becoming NG 9-1-1 capable will still be out of reach for many areas.

county, at local option. This local authority is permitted only With State legislative approval, all but 10 counties impose a local $.30 wireless phone surcharge to finance 9-1-1 centers.

New York State has the following three surcharges in place to pay for 9-1-1.

The Future of 9-1-1 in New York State

1. State 9-1-1 surcharge Identified on today’s cell phone bills as the Public Safety Surcharge, a $1.20 fee is imposed on each contract cellphone device. The State’s General Fund gets $.50 of this $1.20, and the remaining $.70 goes to a variety of public safety programs, including state agencies, to supplant General Fund appropriations. Since 2003, surcharge revenues have nearly tripled, from $66 million to over $187 million in 2013.

2. Landline surcharge for Enhanced 9-1-1 The Public Service Commission (PSC) authorizes the imposition of a $.35 local charge per access line per month on landline phones to pay for the cost of enhanced 9-1-1 systems. The City of New York, Tompkins County and Onondaga County are authorized to impose a monthly charge of up to $1.00.

3. Local 9-1-1 surcharge Counties in New York State can implement a surcharge up to $.30 on wireless phones in their

Counties are anticipating and planning for future investments in emergency communications systems. The financial strains on 9-1-1 centers and first responders to pay for needed equipment often overtake available resources.

Furthermore, a federal effort to expand broadband communications to public safety users, known as FirstNet, is the wave of the future for emergency communications technology.

NYSAC continues to advocate for a greater county share of the funding collected for 9-1-1, so that counties can maintain and expand emergency communications systems. In order to accomplish this, state policy makers should consider: • Expanding counties’ access to 9-1-1 surcharge revenues.

• Expanding the surcharge to all devices capable of connecting to 9-1-1.

• Improving the funding process.

• Providing coordination and leadership for regional investments in 9-1-1.

www.nysac.org 25

Casino Gaming Comes to New York

By Mark LaVigne NYSAC Deputy Director

I

n November 2013, New York State voters approved a constitutional amendment to allow casino gaming in the state, setting in motion the implementation of the Upstate New York Gaming and Economic Development Act of 2013, which was adopted by the State Legislature and signed by Governor Andrew Cuomo on June 30, 2013.

The Upstate New York Gaming and Economic Development Act split the state into two zones.

Zone One includes the Lower Hudson Valley, New York City and Long Island. The rest of the state is designated as Zone Two and has been divided into six regions.

Six Upstate Regions for Resort Gaming Destinations

Region 1 can have up to 2 casinos Region 2 can have up to 2 casino Region 5 can have up to 2 casino Not to Exceed 4 in total in the first round of license approvals Regions 3,4,6 have Native American Compacts* Zone 1 is not eligible for casinos for 7 years The Constitutional Amendment allows for up to 7 Casinos * Exclusivity Gaming Compact for Region 4 is pending federal approval

According to the law, “The commission is authorized to award up to four gaming facility licenses, in regions one, two and five of zone two. The duration of such initial license shall be ten years. The term of renewal shall be determined by the commission. The commission may award a second license to a qualified applicant in no more than a single region. The commission is not empowered to award any license in zone one. No gaming facilities are authorized under this article for the city of New York or any other portion of zone one.”

Native American Compacts, which are in good standing with the state, will preclude commercial casino location within this Casino Region. So there could be up to 4 commercial casinos within 3 non-exclusivity regions of the state if the Native American Compacts remain in good standing.

Projects selected will be provided with a five-year exclusive period to operate, with no additional casinos sited within that region or NYC. Racinos are authorized to compete with all contracts with horse tracks honored.

Casino Evaluation Criteria The evaluation process will address such primary factors as the number of jobs created, the amount of capital investment (estimated to be between $250-500m); the amount of proposed revenue generated for the state and local governments; the degree of local support of the host municipality and the county, and other regional support/opposition will also be factored in; the amount of the franchise fee; the vision for development and integration with tourism within the particular region of the state. In addition to the primary factors, the state will likely include secondary factors for casino proposals. These secondary factors include but are not limited to: immediate and full financing availability, the level of comprehensive development ; relative experience in the gaming industry (track record of success or lack thereof); timeliness of project completion , pace of construction; significant ethical and integrity review of corporate activities, personnel; workforce development issues; labor harmony agreements; environmental sensitivity; infrastructure impact to primary and secondary roads and addressing issues related to problem gambling, such as substance abuse, compulsive gaming, mental health assistance, other societal impacts; and other primary factors deemed relevant and important by the commission.

Selection Process The Governor will establish a temporary independent selection commission for the sole purpose of casino selection. The commission will be comprised of real estate and finance experts appointed by the Governor. The commission will contract with a financial advisor, who will be charged with reviewing and evaluating the financial viability of project submissions.

26 N YSAC News Win ter 201 4

FOIL and Privacy: Where Do We Draw the Line?

By Robert J. Freeman, Executive Director, NYS Committee on Open Government

T

he issue of privacy has been the subject of much discussion recently. Most county officials are aware that one of the exceptions in the Freedom Of Information Law (FOIL) authorizes an agency, such as a town, to withhold records or portions of records when disclosure would result in “an unwarranted invasion of personal privacy” [section 87(2)(b)]. Additionally, FOIL includes a series of examples of unwarranted invasions of personal privacy [section 89(2)(b)]. Those examples offer guidance, but they don’t deal directly with numerous issues that arise that require consideration of where to draw the line between unwarranted, as opposed to a permissible invasion of personal privacy.

When I give a presentation and the topic comes up, I often ask the crowd: “‘unwarranted invasion of personal privacy’ - does anyone know what that means?” Nobody raises a hand, because nobody knows exactly what it means, and in my opinion, nobody will ever know what it means.

In our society, the definition of what might be viewed as intimate or highly personal is different for everyone. Would the Victoria’s Secret ads that air network television have aired twenty years ago?

Probably not. Well then, why are they airing today? What was viewed as too intimate or risqué for television in the past has become more acceptable.

If you know teenagers and others who use Facebook, you know that they often share information with their friends (often hundreds) that their parents would never share. There are generational distinctions in views about privacy.

The reality is that two equally reasonable people can consider the same item of personal information and disagree about how private it is or should be. It is certainly this way in my house, and my guess is that it may be so in many of yours.

So what do we do about privacy?

One of the problems is that our laws are inconsistent. You may know that section 89(7) states that FOIL does not require the disclosure of the home address of either a present or former public officer or employee. But if you’re a good citizen registered to vote, the Election Law states that your name and address are public.

If you own a home, your name, address and the assessed value of your home are accessible to anyone. What do we do?

We consider the possibility that the law may provide guidance. When one statute focuses on a particular record, it prevails over a statute, like FOIL, that deals with

28 N YSAC News Win ter 201 4

government records generally. That’s why names and addresses of persons who receive public assistance, receive unemployment insurance, or are the subject of medical or mental health care are out of bounds. In each instance, there is a statute specifying that those items cannot be disclosed. It’s also why voter registration lists and assessment records that include our names and addresses are public.

They’re public because statutes that are separate from FOIL require disclosure.

First, it’s clear that the phrase “unwarranted invasion of personal privacy” involves items identifiable to natural persons, humans. The exception does not apply to things, such as corporations. If a request is made, for example, for a list of vendors doing business with the town, it would be available because there is nothing “personal” about the information, even if it includes the identity of an individual; he/she is identified in relation to his/her business or professional capacity.

But what if there is no statute to provide specific direction and FOIL is the statute that determines what’s public and what’s not? Fortunately, we have guidance from the courts.

Second, the courts have made distinctions between ordinary people identified in government records and people like us: public officers or employees.

FOIL and “Ordinary People”

Privacy for Government Officers and Employees

When the items relate to ordinary people, I refer to “the gut test.” In considering access to personally identifiable information contained in agency records, the Court of Appeals, the state’s highest court, used the “reasonable person” standard. The court found that disclosure would constitute an unwarranted invasion of personal privacy when an item “would ordinarily and reasonably be regarded as intimate, private information” [Hanig v. NYS Department of Motor Vehicle, 79 NY2d 106 (1992)]. When a request is made that includes items of a personal nature and you conclude that those items are nobody’s business, that disclosure would be offensive to the average person, or that they may be characterized as “intimate,” usually you will have the ability to redact those items.

With respect to the privacy of public officers and employees, the courts have told us that we have less privacy than others. In short, we are required to be more accountable than others; the public is stuck with us, at least until the next election, budget cuts, or in my case, retirement or death, whichever comes first (I’m eligible for both).

More importantly, in many instances the courts have determined that items that relate to our duties are generally accessible to the public under FOIL. In those situations, disclosure would result in a permissible, not an unwarranted invasion of personal privacy.

For example, if a senior citizen submits his/her income tax form to seek a reduction in a real property tax assessment, it has been advised that the information in the tax form is private. In the Hanig case, the request involved the portion of a driver’s license application that might have indicated that the applicant had a disability. Although it was argued that the item did not consist of medical information, the Court found that it was like medical information and is, indeed, intimate, personal and could be withheld. Similarly, it has been advised that personally identifying details regarding those who have applied for or been granted handicapped parking permits or tags may be withheld to protect their privacy.

Our salaries and our gross wages are public. Our attendance records involving time in, time out, leave time accrued or used are public. If there are certain criteria that must be met to be eligible for a position, such as a degree in a certain area, a license, or a certification, those portions of a resume or application indicating that the person in that position is qualified are accessible; on the other hand, other portions of the resume or application that are unrelated to the position, such as a social security number, marital status, employment at McDonald’s, hobbies and the like may be withheld.

There are many privacy-related laws, and they may lead to inconsistent guidelines concerning what must be disclosed, or conversely, what may or must be withheld. In most cases, if the issue involves the privacy of ordinary people who are identified in records, the gut test will work. What would the average reasonable person feel about disclosure of this item? If it involves public officers or employees, often the dividing line can be drawn between the items that relate to one’s duties, in which case disclosure would be the general rule, as opposed to those are irrelevant to those duties, in which case, the items can likely be withheld.

Note: This article, prepared for publication by the New York State Association of Town Clerks, is being reprinted with permission.

www.nysac.org 29

Oneida County: Agricultural Gold in the Heart of New York State

S

ituated in the geographical center of New York State, Oneida County is a county of contrasts, comprised of productive farmland, forested areas, industrialized urban areas and suburban communities. The principal geographical feature, the Mohawk River Valley, bisects the county in an east-west direction. It was through this historic valley that early Native American trails, trappers’ routes and military routes were located. When permanent settlement by the Europeans began, the Mohawk River Valley was a primary route of westward travel.

For several decades before 1798, when Oneida County was officially chartered, settlement of this region of the state had begun. The earliest settlers in the county erected Fort Bull near present-day Rome, and in 1758 the British built Fort Stanwix to ensure that their control of a vital location in the primary water route that linked the Hudson River with Lake Ontario.

From the very beginning, agriculture was a major industry in Oneida County and, once again, the county’s location played a vital role. Because of the region’s fertile soil along rivers and streams, Native Americans (and later the first permanent settlers) planted corn, wheat, oats, squash and barley in the valley. The ideal climate contributed to successful crops year after year.

During the Revolutionary war, American Patriots occupied Fort Stanwix, and in 1777 British forces besieged it. The Stars and Stripes, the newly adopted flag of the American Colonies, flew in battle for the first time over Fort Stanwix in August 1777.

Hugh White of Middletown, Connecticut established the first settlement after the revolution in Oneida County. White

established Whitestown in 1784. In 1791, the Holland Land Company purchased a large tract of northern Oneida County wilderness for speculation. That Dutch Company established settlements at Barneveld and Boonville.

On July 4, 1817, the Erie Canal began at Rome in the heart of Oneida County. The Erie crossed the county and had a profound effect on the development of the county. Farmers and manufacturers now had a cheap, fast means of shipping their produce and wares to large eastern markets. The canal provided easy accessibility to upstate New York, and New Englanders and immigrants quickly moved into the Central New York region and provided a labor force for industrialists who saw in this new frontier an abundance of waterpower and natural resources.

Even before the construction of the canal, textile plants were constructed along the creeks and waterways that rushed down the valleys into the Mohawk River. At Oriskany and at New York Mills cotton and woolen factories were built and throughout the 19th century produced fabrics that were sold to major eastern markets.

Oneida County has been a leader in the field of education. In 1812 Hamilton College was granted a charter. During the 19th century, numerous private schools were located in Clinton, and among those who studied there were Grover Cleveland, Leland Stanford, and Clara Barton. More recently, in 1946 Utica Collage of Syracuse University was established at Utica; Mohawk Valley Community College was founded, Kirkland College was founded at Clinton, and in 1969, the State University of New York founded the Upper Division College, based in Utica presently.

Much of the rich farmland of the county has, throughout the years, supported a large dairy farming industry. It was within the county, near Rome, that Jesse Williams established the first cheese factory in the United States in 1851. During the latter part of the 19th century, much of the cheese produced in the country was shipped to England.

Many other industries in the county’s 200year history owed their success to the county’s location. Among them was the manufacture of iron, made possible by the discovery of iron ore in the early 1800s in places like Clinton, Kirkland and Clayville.

Soon, hundreds were working in industries related to the discovery: the mining of the ore, the operation of blast furnaces that were fired up to make iron and the large number of blacksmiths needed to hammer the iron into articles like horseshoes, knives, forks, spoons, hinges and nails.

The availability of water in the region continued to play an important role in Oneida County’s industrial history as late as the 1950s during the “loom-to-boom” era.

Most of the county’s textile mills relocated in the South and were being replaced by companies like Chicago Pneumatic, General Electric, Continental Can, Univac and Bendix.

Leaders of these and other companies all agreed that one of the main reasons they had selected Oneida County as their new home was its abundant water supply.

Oneida County’s prime location continues to draw tourists, businesses, students, and new residents.

www.nysac.org 31

Counties Realize Two-Fold Benefit from Federal Incentives for Health IT

By Michael Walsh CEO, NYSTEC

A

s counties grapple with the increasing cost of healthcare – from rising insurance premiums to the county share of Medicaid – federal and state incentive programs are seeking to bend the cost curve while improving health outcomes by encouraging healthcare providers to adopt electronic health records (EHR) technology. In addition to benefiting from lower costs across the healthcare system, counties can realize direct financial benefits through county-operated healthcare and long term care facilities.

The NY Medicaid EHR Incentive Program, created by the American Recovery and Reinvestment Act of 2009, provides financial incentives to healthcare providers (including hospitals, physicians, dentists, nurse practitioners, certified nurse-midwives, and some physician assistants) who adopt and subsequently demonstrate meaningful use of electronic health records technology.

To date, the program has brought more than $477 million in incentive payments – all 100% federal funds – to NY Medicaid providers. Combined with a similar program (administered at the federal level) for Medicare providers, more than $1 billion in incentives have been received by healthcare providers in New York State as they make the transition to meaningful use of interoperable medical records systems.

The incentive payments, by providing “bridge” financing to providers who may temporarily see reductions in efficiency as they come online and up to speed with new ways of delivering patient care, act as a down payment towards future healthcare system savings resulting from better coordination of care, improved long-term health outcomes, and avoidance of unnecessary duplication of tests and 32 N YSAC News Winter 201 4

procedures. Medicaid providers can receive 30-50% of the overall incentive as soon as they commit to purchasing an EHR solution that is certified to minimum standards of functionality and interoperability, which can help with the costs of purchase, installation, setup, and training; thereafter, they can

receive the balance of the incentive over 2-5 additional years as they demonstrate that they are meaningfully using the software to improve safety, increase patient engagement, and measure clinical quality.

Counties can directly receive incentive

NYC Health & Hospitals Corp.

$43,500,000 Erie County Medical Center

$3,000,000 Lewis County General Hospital

$625,000 Orleans County Dept. of Mental Health

$100,000 Greene County Public Health Nursing

$90,000

Sample of Public Entities Receiving EHR Incentive Payments

payments in two ways: public hospitals can qualify directly for incentive funds based on adoption of certified EHR technology in the inpatient and emergency department settings; meanwhile, county agencies and facilities (including outpatient portions of county hospitals, but also ambulatory clinics and long term care facilities) that employ eligible practitioners can provide EHR technology for their providers to use, assist the providers with qualifying individually for the incentive, and have the providers assign the incentive payment to the agency or facility.

For more information on the NY Medicaid EHR Incentive Program, counties and healthcare providers are encouraged to contact the EHR Incentive Program support team by email (hit@health. state.ny.us) or phone (1-877-646-5410, option #2). Direct assistance is also available for providers in choosing EHR technology and modifying clinical workflows to achieve meaningful use; within the five boroughs of New York City, contact NYC REACH (http:// www.nycreach.org or 347-396-4888), and elsewhere in the state, contact the New York eHealth Collaborative (http://nyehealth.org or 646-619-6562).

NYSTEC is an independent, non-profit information technology consulting firm with offices in Rome, Albany, and New York City. NYSTEC acts as a trusted and unbiased technology advisor to assist State agencies, counties, and municipalities in deploying healthcare and IT solutions. For more information, visit www.nystec.com or call 1-888-9NYSTEC.

www.nysac.org  33

Federal Immigration Reform: The Possible Impact on NYS Counties

By Dave Lucas NYSAC Director of Finance & Intergovernmental Relations

I

n the summer of 2013, the United States Senate passed the “Border Security, Economic Opportunity, and Immigration Modernization Act” by a 68-32 vote with strong bipartisan support. This bill reforms all aspects of the immigration process. The President generally supports the Senate-passed bill and he continues to push for the completion of comprehensive immigration reform.

Because the House has not passed any bills yet, the focus of this article is to explain how the Senate bill might impact the economy, and how some of the major federal immigration programs would be implemented.

The full NYSAC white paper on this topic can be found at www.nysac.org.

The Senate-passed legislation stands on four primary pillars: 1 Strengthen border security (60% of the resources dedicated under the bill would be used for this purpose); 2 Creating a new “earned pathway to citizenship” for undocumented immigrants who meet eligibility requirements (enhanced background checks, paying penalties and back taxes, learn English—then applying for citizenship, only, after others already legally in line for U.S. citizenship are processed); 3 Fundamental reform of the legal immigration process, and family and employment visa programs; and 4 Adding resources to the “e-verify” (immigration status check and verification of identity) system and cracking down on employers that hire undocumented workers.

Depending on implementation, these changes could impact tax collections at the state level and generate program and service costs as an estimated 11 million undocumented individuals move through different phases of immigration status and eventual U.S citizenship.

34 N YSAC News Win ter 201 4

The Economic Impact of New York’s Foreign Born Population New York State has the second highest concentration of foreign-born population in the United States at 4.3 million people, or 22.2% of New York’s population.

The continued influx of foreign-born citizens into New York is one of the primary reasons the state has maintained positive population growth the last few decades. This population plays a significant role in the state’s economy, providing workers that help support agriculture, as well as a growing high tech manufacturing and research sector.

According to Regional Economic Models, Inc. the immigration reform legislation passed by the Senate could boost New York’s economic output by $3.4 billion and create over 33,000 jobs in 2014.

Economists also project that enactment of the Senate immigration bill can increase real wages over an extended period, translating to higher total personal income for New York families of $8.6 billion by 2020.

Mandatory “E-Verify” Employment System for All Employers, Including County Government The Senate bill would require all employers to verify an individual’s identity and employment status before hiring. The federal government will be required to use an E-verify process within 90 days of enactment and within five years all employers will be required to do the same on the following schedule: • Federal contractors to participate as provided for by a final rule, • Employers with more than 5,000 employees to participate within two years after implementing regulations are published, • Employers with more than 500 employees to participate within three years after implementing regulations are published, • Agricultural laborers to participate four years after enactment of the Legal Workforce Act, • Tribal employers to participate within five years after implementing regulations are published, and • All other employers to participate within four years after implementing regulations are published.

Pilot Program to Promote Immigrant Integration & Other Federal Resources Grants would be available on a competitive basis to state and local governments or other qualifying entities to carry out programs to integrate new immigrants ($250 million annually). These activities include improving English skills, improving access to workforce training programs, teaching U.S. history and civics, teaching financial literacy, and engaging communities sponsoring immigrants. Priority for these grants will be given to entities who use matching funds from non-Federal sources, demonstrate collaboration with public and private entities, and are one of the 10 states with the highest rate of foreign-born residents or that have experienced a large increase in the population of immigrants in the last 10 years. New York would be eligible under the criteria.

Counties will likely see an increased need for services such as public health, educational services, worker training, and adult education, in regions that attract immigrant workers and communities. It is unclear if the increased economic activity that accompanies an influx of immigrants will fully support any potential increase in costs, but industries that attract immigrant labor could see an influx of population and related economic activity.

The ultimate impact on counties will vary depending on what types of state-only services may be offered to immigrants and whether counties are asked to support these services.

What does this mean for the counties of New York?

While the federal government anticipates the bill will result in a reduction in the federal deficit, the full economic impact of the Senate immigration bill on New York counties is still unknown.

Local governments obtain the bulk of their revenue through sales and property taxes, while the federal government obtains the bulk of its revenue through personal income tax. This means that while the federal and state government may see an increase in revenue because more individuals will be legally employed and subject to income taxes, local governments may not see the same increases in their revenue streams.

Meanwhile, counties will continue to provide services such as emergency healthcare and public safety services. It is possible the demand for these services will increase without a corresponding increase in resources. While the Senate passed bill provides a clear delineation on what federal benefits will be available to immigrants, counties in New York could be impacted by any changes State lawmakers pursue.

If this, or similar, legislation provides a clear path to citizenship, then the fear of deportation will be eliminated and it is likely that a greater number of immigrants will avail themselves of public services.

It is important to note that in New York, many of these services are already delivered to anybody who walks in the door, regardless of immigration status, in order to maintain public health and safety.

www.nysac.org  35

Local Governments and Prayer

By Patrick Cummings NYSAC Assistant Counsel

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he separation of church and state has been a part of American government since our founding fathers penned the constitution; however, the definition of “separation” continues to be debated.

On November 6, 2013 oral arguments were presented to the United States Supreme Court in a matter that will further define how prayers and invocations may be commenced in a government meeting.

The case, Town of Greece v. Galloway, reads like a constitutional law professor’s final exam question with a fact pattern that requires weighing the power of the first amendment, the concept of the separation of church and state, coupled with long-standing traditions, ideals and beliefs. To get a sense of just how far this court determination may reach, one needs to look no further than the High Court itself as their marshal begins all hearings stating “God save the United States and this honorable court.” In order to evaluate how the court may rule in this particular matter, it is important to understand what previous guidelines the High Court established when addressing legislative prayer as well as define what exactly is being challenged in the present case.

the respondent challenged the fact that the Nebraska Legislature paid a chaplain to perform prayers prior to legislative sessions. The Court ruled that legislatures could begin sessions with a prayer as long as the promotion of any particular religion is not present. The Court’s opinion was formed by looking to the intent of the Framers of the Constitution. It found that prayer before a legislative body was present before, during, and after the Founding Fathers created the Establishment Clause. Accordingly, the Court found the intent when creating the Establishment Clause was not to ban prayers commenced prior to a legislative session. Additionally, in this particular case the Nebraska legislature showed enough evidence to the Court that the Chaplin and those substituting did not promote one religion during the prayer but instead acted with “conduct whose... effect...harmonize[d] with the tenets of some or all religions.”

In 1984, the “endorsement test” was established by the High Court in Lynch v. Donnelly, when government-sponsored religious displays were challenged. The endorsement test asks if a reasonable person would believe a government display is promoting one religion above others.

The Establishment Clause within the First Amendment of the United States Constitution states, “Congress shall make no law respecting an establishment of religion...” It is the Establishment Clause where the concept of separation of church and state is born.

Since Marsh, most lower courts have held that a legislative body or Court may permit a prayer prior to hearings as long as no one present is required to join in the prayer and as long as the prayer does not promote one religion above others. That brings us to our present case.

The Establishment clause, like every clause in the Constitution, is not black and white, and therefore the United States Supreme Court helps define the gray areas within the law.

The underlining facts in Town of Greece v. Galloway are as follows: The Town of Greece, like thousands local government bodies, holds monthly board meetings. In 1999, the Greece Town Board instituted a policy that prayers would be commenced prior to these meetings.

The policy did not contain in written form how the prayer-givers were invited but the Town stated that anyone may request to say a prayer regardless of religious beliefs or background. From 1999 through 2007, Christian clergy members have delivered the vast majority of prayers before the Board. The Town of Greece religious congregations are primarily Christian-based. The majority of the prayers themselves, in part, contained terms specifically associated

In 1962, Engel v. Vitale cited to the Establishment Clause. In this case, the plaintiff challenged a mandatory recitation by public school officials and written by the New York Board of Regents. In this case, the Supreme Court ruled that the Establishment Clause does prohibit mandatory prayers in public schools. In 1983, the Supreme Court further defined prayer within government bodies, this time regarding legislative prayer, under Marsh v. Chambers. In this matter,

36 N YSAC News Win ter 201 4

The Establishment Clause within the First with Christianity. In 2007, two citizens that regularly attended the Board meetings made informal complaints to the town, stating the prayers “aligned the town with Christianity.” In 2008, the two citizens sued in federal court stating that the town’s actions violate the Establishment Clause.

This case found its way to the Supreme Court after the district court ruled in the town’s favor, and the US Circuit Court overturned the case on appeal and ruled in the plaintiff’s favor. The Circuit Court applied the endorsement test to conclude the town’s actions violated the Establishment Clause.

Amendment of the United States Constitution states, “Congress shall make no law respecting an establishment of religion...” It is the Establishment Clause where the concept of separation of church and state is born.

The principle arguments the plaintiffs made are: (1) that the town’s procedure for selecting prayer-givers unconstitutionally preferred Christianity over other faiths; and (2) that the prayer practice was impermissibly “sectarian,” (3) that the “endorsement test” should be used in this matter, and (4) that the Founding Father intent arguments used in Marsh, allowing for legislative prayer, do not extend to Town Boards in part because those in attendance and in front of the Board are residents and not legislators.

The Town countered by stating that opening board meetings with prayer is permissible as established in Marsh; and that although the majority of prayers were made by Christians, the prayers have been offered and delivered by different faith leaders. Additionally, the fact that a majority of prayers are Christian-based is only a reflection of the town’s constituency and not because the town itself is promoting one religion above others. The Town argues that the “establishment test” should not be applied to town board meeting prayer, stating the Founding Father’s intent found in Marsh applies to government bodies such as town boards.

The Supreme Court has heard the arguments and is expected to rule on this matter in 2014. So what are the possible outcomes? The possibilities are far ranging, but most likely this case will further define the principles established in Marsh. The Court could state Marsh is broadly applied to legislative bodies, including town boards, leaving less scrutiny on the opening prayer process.

Alternatively, the Court could state that Marsh was not intended for local government bodies and that closer scrutiny is necessary when commencing opening prayers. This likely would not mean that prayers at town board meetings could not exist, but perhaps that guidelines would need to be established locally to ensure prayergivers of all denominations have the opportunity to offer a prayer before the government body, and that the prayer content itself is non-secular. For now, we wait until the Supreme Court offers further guidance.

www.nysac.org 37

Prayer and Government Meetings: Awaiting the Supreme Court Decision The prayer below is from Washington County Supervisor Hon. George Armstrong. Prayers like this, said at the

Save the Date

beginning of local government meetings, are the subject of the Supreme Court case Town of Greece v. Galloway.

Dear God: We thank you for your goodness and mercy to us.

As we approach this season of thanksgiving we thank you for all the blessings you shower down on us… health, friends, recovering economy, freedom and a sense of community.

We are far from being a wealthy county, but we are surrounded by some extraordinary people who help bring a sense of purpose and meaning to our lives.

Seniors who have given so much of their lives to make a better place for us to work and raise our families.

Working people who are raising families and paying most of the bills.

Young people who inspire us with their energy and enthusiasm… for this we give you thanks.

Today we pray Dear God, again that you will clear our minds and strengthen our resolve to do what is best for our communities. We ask this with confidence know you care for us more than we care for ourselves. Again Dear God, thank you!

Amen.

Hon. George Armstrong Supervisor, Washington County

38 N YSAC News Win ter 201 4

FALL SEMINAR September 22–24, 2014 Hyatt/Erie County Convention Center Buffalo, New York

NYSAC and County Highway Leaders Urge State Aid for Local Bridges

By William C. Wright President, New York State County Highway Superintendents Association

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t its 2013 Fall Conference, NYSAC adopted a resolution calling for the establishment of a “State Aid to Local Bridge and Culvert Program” in the next State budget. This capital program is essential if we are to begin to slow, and hopefully reverse, the deteriorating conditions of this critical infrastructure, ensure the safety of the local transportation system, stimulate local economies and improve the livelihoods of the millions of citizens who rely on local roads and bridges every day.

Investment in Infrastructure is Crucial Local governments are responsible for nearly 50% of the State’s 18,000 bridges. Roughly one-third of the 8,535 bridges maintained

by New York’s local governments are structurally deficient or functionally obsolete. The deterioration that leads to bridge closings and disruptive weight limitations is systemic and a painful reminder that current underinvestment makes it impossible to maintain the transportation system. This threatens the state’s ability to remain competitive in attracting businesses and jobs.

A State Aid to Local Bridge and Culvert Program would provide capital funds—in excess of the current CHIPS allocations to counties—dedicated exclusively to bridge and culvert work. This is a proven method for financing improvements in a way that gives counties flexibility in prioritizing projects while reducing the costly “red-tape” involved when doing such work with federal money. More funds get to the bridges in the most need, faster and more efficiently.

A recent review of federal and state highway data conducted by Albany’s Times Union newspaper shows that for the Capital Region, where more than half the bridges are state-owned, the ones in the worst condition tend to be owned by counties, towns, cities and railroads. This is a trend seen in many other regions across the state.

County highway departments rely heavily on federal aid because the cost to rehabilitate, reconstruct or replace a bridge is so great.

Now there is less federal money making its way down to the local systems because changes to the federal transportation funding program (MAP-21) focus more spending on the interstate and national highway systems, leaving local projects unfunded.

The Cost of Shrinking Funding Too often, it’s the high-volume bridge projects that are funded over their less-traveled locally-owned rural counterparts. However, even though these locally-owned spans are vital to communities, local highway departments cannot keep up with the ever-increasing costs for maintenance or replacement of those in the most jeopardy.

Consequently, we see more counties forced to weight-post, shut down, or even demolish bridges due to dangerous conditions and lack of funding. Considering future funding projections, we can expect more of the same over the next several years.

As funding shrinks, the counties’ inventory of aging bridges, most built in the 1950’s and 60’s, is demanding more and more resources for maintenance and repair. A good portion of transportation money comes from gasoline taxes at both the state and federal levels. With vehicle miles traveled down and major increases in fuel efficiency coupled with huge inflationary increases in the cost of construction, gas tax receipts at all levels can’t keep up. In New York, much of the gas taxes collected now are dedicated to repaying bonds on work already done and are not available for new projects.

For years, counties have employed a “preservation first” strategy—applying the right treatments at the right time cycles— critical to extending the life of the current local highway and bridge infrastructure. However, many of these assets are beyond preservation, and need an immediate infusion of funding for major rehabilitation or reconstruction work, which is simply not available even though the state has increased its investment in improving roads and bridges over the last two years.

While the development of a long-term state transportation-financing plan is essential, the immediate needs of the thousands of locallyowned bridges that are structurally deficient or functionally obsolete can be addressed by a State Aid to Local Bridge and Culvert Program.

Working together, NYSAC and the New York State County Highway Superintendents Association, along with Governor Cuomo and the State Legislature, need to make it happen.

www.nysac.org 39

Considering the New York State Organics Recycling Bill

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he possibility of a New York State Organics Recycling bill is presently under consideration and review by a special committee of the Federation of New York Solid Waste Associations. The Federation, made up of the NYS Association for Solid Waste Management (NYSASWM), the Solid Waste Association of North America, NYS Chapter (SWANA) and the NYS Association for Reduction, Reuse and Recycling (NYSAR3) designated two members from each of these organizations to undertake this review.

The purpose of the committee is to evaluate if there is common ground among the member associations on such a bill. The NYSASWM board at this time is not convinced of the need for a bill mandating the recycling of organics in New York State. Rather than rushing into a bill similar to the legislation adopted in VT, CT and MA, the board has taken the position that a first step should be to invite stakeholders, brief them on a bill as proposed by NYSAR3, and receive feedback on how such a bill would affect them.

The NYSASWM board favors a comprehensive statewide analysis of the environmental, scientific, economic and socio-economic aspects of organics recycling first, rather than forcing recycling of organics through a law, which undoubtedly will carry unforeseen consequences. We believe that an informed decision by each community based on their unique conditions is far better than a top-down unfunded NYS mandate.

The Federation Committee has identified twenty seven stakeholders mainly consisting of associations that represent food waste processors, grocery stores, restaurants, hospitals, nursing homes, farmers and others.

Stakeholders are all New York associations.

In the next two months the Committee will contact these groups and invite them to send one representative to an invitation-only meeting planned for early February.

The Lessons of the NYS Electronics Recycling and Reuse Act The caution practiced by the NYSASWM board in supporting a bill for a recycling mandate appears timely when we are 40 N YSAC News Win ter 201 4

By Frank J. Visser, P.E. President, New York State Association for Solid Waste Management experiencing the unforeseen results of the “NYS Electronics Recycling and Reuse Act”.

Recently, several recyclers have gone out of business and municipalities that have taken on responsibility as collectors are learning that they may not get their expenses reimbursed as anticipated. The act, while well intended and successful in forcing electronics from landfills to recyclers, appears to have some unintended consequences that could possibly have been anticipated.

As collectors, we can easily picture getting stuck with these materials when markets are unable to process the volume. CRT glass appears to be the biggest problem.

Processed CRT glass is starting to show up in the market place as alternate daily cover material.

While, to my knowledge, there is no beneficial use determination for treated CRT glass in NYS, one has to question how a BUD would be possible since the Act prohibits land filling of the recycled electronics.

So what are collectors to do when materials cannot be moved? The act allows for one year of storage of collected materials, however, the volumes collected make that “solution” impractical.

The Act also calls for an annual goal to be met for the amount collected. It was not anticipated that manufacturers would stop funding the effort once the goal was met. This year, the goal was met in August. As we look ahead, NYC has not come online seriously yet, but that will change next year. When the goal is met in June what will happen will be anyone’s guess.

Section 27-2619 of the Act preempts local e-waste laws and provides exclusive jurisdiction to the state for all matters pertaining to e-waste recycling, including the legal obligations of manufacturers and collection sites with respect to e-waste recycling. The Act also provides broad authority to the DEC to promulgate

regulations necessary to implement and administer the Act, and it clearly states that “[a] manufacturer shall be responsible for all costs associated with the implementation of the electronic waste acceptance program” (see Sections 27-2615 and 27-2605(8) of the Act). What will the state do to ensure that local e-waste collection sites are fully reimbursed?

Simply put, if retailers were forced to act as collectors, and manufacturers were held responsible for the cost of recycling, I don’t believe we would have this problem today.

The point is that we have to move forward cautiously with these mandates. Electronics recycling is a big issue; organics recycling is several magnitudes bigger.

Landfill Operator Training will address organics recycling implications NYSASWM is presenting its biennial Landfill Operator Training Course from March 18-19 in Niagara Falls. Landfill crews are last in the chain of command in managing solid waste materials and ensure proper operation of the landfill. The seminar is presented in cooperation with NYSDEC in order to certify landfill operators on their knowledge to operate a 6 NYCRR Part 360 permitted landfills in accordance with the Part 360 regulations. DEC has stated that New York’s solid waste management practices are some of the best in the country. We fully support that position while at the same time we are realistic about a municipality’s ability to efficiently manage the waste. Methane gas recovery systems that most landfills have incorporated in their landfills (with multi-year contracts) will be effected by a potential ban on organics.

Substantial financial investments have been made in these systems, with the guarantee of gas production. NYSASWM will be closely monitoring this issue due to the potential impact on existing solid waste infrastructure and future waste management operations.

NYSAC Endorses MEGA as a Key Organization in Energy Procurement “MEGA and NYSAC... a natural Partnership.”

–­ Steve Acquario

Executive Director, NYSAC

Put the Power of MEGA to work for you! 

Reduce the cost of energy  Meet all public bidding requirements  No cost to participate  Created by local leaders to serve local governments, businesses and industry.

Contact us today.

www.megaenergy.org PO Box 88 • Ithaca, NY 14851-0088 518-465-1473 or EnergyNext, Inc. • 518-580-9244 www.nysac.org 41

P u t t h e P o w e r o f M E G A t o W o r k f o r Yo u !

The MEGA Program for Energy Purchasing Why should I be interested in MEGA? Because controlling utility costs saves taxpayers money and helps stabilize your budget Join hundreds of other municipalities – counties, cities, towns, villages and school districts – in saving money and stabilizing your energy costs! Group buying means lower prices.

Be part of a program that grew out of local government, and is tailored to comply with all public bidding requirements.

Do you serve my utility area?

Yes, if you are located in National Grid, NYSEG, RG&E, Central Hudson, and St. Lawrence Gas utility territories.

Our bids cover over 500 million kWh/year of electricity; 10 million therms of natural gas, for more than 250 public agencies.

Who provides oversight?

MEGA is a Not-for-profit Local Development Corporation governed by a Board of Directors elected yearly from corporate membership.

Why should my community choose MEGA? No cost to participate – pay only for the power you use.

Complete compliance with all NYS bidding requirements.

Access to technical consultants.

MEGA’s success is based on delivering real service and savings to public agencies and their taxpayers.

Sign up now to receive an offer using the form on reverse page or electronically via www.megaenergy.org

“In this volatile economy, counties and local governments need every tool we have to control spending and save taxpayer dollars. MEGA has helped Genesee County realize substantial savings and I encourage every municipality to look into this program.”

Mary Pat Hancock, Past Chairwoman Genesee County Legislature

42 N YSAC News Win ter 201 4



Municipal Electric and Gas Alliance (MEGA) Participation Authorization Yes, we are interested in procuring energy supplies and services through the Municipal Electric and Gas Alliance (“Alliance”).

In signing below, we are indicating our consent and authorization: 1. For our electric and/or gas utilities to provide data (which will be kept confidential) about our energy usage and costs that may be requested by the Alliance, its consultants (Energy Next, Inc.), and/or selected suppliers; 2. For the Alliance to include our name listed as a potential power purchaser for the purposes of supporting competitive bid documents to be issued by the Alliance to providers of energy supplies and services.

NOTE: The execution of this “Intent to Participate” is NOT a commitment by you or MEGA, nor an obligation by you to contract for electricity or natural gas through or in conjunction with the Alliance. No commitment or obligation will be required until a pricing offer and agreement is presented to you and accepted by you. MEGA is a non-profit municipally based corporation serving participants in six New York counties that exists to aggregate customer purchasing power for electricity and natural gas and to advocate for the interests of our participants. MEGA is not an energy services corporation (ESCO).

MEGA is not a cooperative. The submission of this form does not require the payment of any fees. Your participation in MEGA does not offer you voting membership on activities of this corporation.

Name or Organization __________________________________________________________________ Address ______________________________________________________________________________ City ___________________________________________ State __________ Zip ___________________ Contact person (if different from above)_________________________ Title ______________________ Phone ___________________ Fax __________________ e-mail _______________________ The following information may be obtained from your monthly bill. Attach extra sheets if necessary: Electric Utility Account Number(s)

(NYSEG Customers provide POD#)

Service Location(s) (only if different from above)

________________________ ________________________ ________________________ ________________________

_____________________ _____________________ _____________________ _____________________

Service Classification (Municipal, Commercial, or Residential Account) ____________________ ____________________ ____________________ ____________________

Note: If you have many separate accounts attach a list to this form.

Gas Utility Account Number(s)

(NYSEG Customers provide POD#)

Service Location(s) (only if different from above)

________________________ ________________________ ________________________ ________________________

_____________________ _____________________ _____________________ _____________________

Service Classification (Municipal, Commercial, or Residential Account) ____________________ ____________________ ____________________ ____________________

Signature _________________________________ Title _____________________ Date ____________ PLEASE RETURN THIS FORM TO: MEGA, PO BOX 88, ITHACA, NY 14851-0088

Affiliate Focus:

Aviation Helps New York’s Economy Fly

By Ann Crook President, New York Aviation Management Association and Director of Aviation, Elmira Corning Regional Airport

A

viation has an enormous impact on the New York State economy.

According to a 2010 NYSDOT study on New York’s aviation industry, aviation accounts for over $50 billion of the state’s annual economic activity: 4.4% of the state’s Gross State Product. This translates to over $4.5 billion in state and local tax revenue. In addition, aviation supports nearly 4.6% of the state’s total jobs, with nearly 400,000 workers’ employment directly or indirectly linked to airports and the aviation industry.

Every jet based in New York State carries with it the potential to generate $1 million in economic activity and create 5 direct jobs.

Through the efforts of our membership, NYAMA has coordinated a number of extremely successful advocacy campaigns in the state. Each spring, NYAMA’s members travel to Albany to advocate for support of New York’s airports. In 2013, NYAMA met with nearly 80 legislators to discuss the importance of the aviation industry to the state’s economic health. NYAMA has rallied nearly 100 state legislators to its cause as members of the bi-partisan New York Legislative Aviation Caucus and has caught the attention of Governor Cuomo, as well, as evidenced in his proclamation of May 2013 as Aviation Appreciation Month.

The New York Aviation Management Association (NYAMA) was founded in 1976 as the New York Airport Managers Association by representatives of New York State airports as a means to harness and maximize this economic potential. For the past 37 years, NYAMA has served as the voice of New York’s aviation industry, promoting the benefits of airports to communities, the state, and the state’s economy and advocating for the overall betterment of aviation. NYAMA has long been at the center of the state’s aviation community, providing a forum for members to exchange information and ideas and to connect with industry leaders and experts, as well as with each other.

NYAMA is also active on the federal level.

Every year, NYAMA representatives travel to Washington, D.C. to meet with members of New York’s Congressional Delegation and agency officials to discuss policy and funding matters. As a result, NYAMA was the only state-level association invited to participate in an industry briefing by FAA at their headquarters last year.

Our 13,000 members and affiliate members include airport managers and representatives from over 120 of the commercial and general aviation airports in the state. NYAMA’s membership is comprised of representatives from across the aviation industry, including fixed base operators, aviation management consultants, higher education institutions, engineering firms, state government agencies, equipment manufacturers, and suppliers.

44 N YSAC News Win ter 201 4

For our members, NYAMA provides the resources necessary for organizations to operate effectively, stay informed, and stay connected. Through our Peer Reviews sessions, NYAMA members are given the opportunity to learn best practices and discuss emerging issues with colleagues around the state.

Industry and association news are distributed to NYAMA’s membership through our Air-currents newsletter and weekly e-Currents updates.

Our signature event is NYAMA’s Fall Conference. Each fall, members gather to share knowledge and ideas about current and emerging developments in aviation, attend topical panels intended to educate and explore matters of critical importance

to the industry, and honor the achievements of individuals and organizations in the field.

This year’s program included a first time ever “State of State Associations Panel” where leaders from aviation associations in New Hampshire, Massachusetts, New Jersey, and Pennsylvania discussed their respective successes, challenges, and best practices for aviation advocacy.

NYAMA is also mindful of the future of the industry, taking an active role in the cultivation of the next generation of aviation professionals through educational outreach efforts. Student membership in NYAMA is free of charge, as is admission to peer review group meetings for interns. The association maintains a relationship with aviation colleges, and whenever possible discusses aviation as a career path with high schools. Through the Phil Brito Scholarship, the association provides several promising aviation students the opportunity to attend our Fall Conference and get a head start on developing contacts and relationships to begin their careers.

As the director of aviation of the Elmira Corning Regional Airport, I’m lucky to work for Chemung County which recognizes the value of our airport to the local economy. As President of the New York Aviation Management Association, I’m proud of our track record in helping other counties as well as the State and Federal governments recognize the powerful economic development tool that airports can be. Please count on NYAMA to be your resource for maximizing the benefits of your county’s airport.

It’s Time to Start Protecting Farms Again

By David Haight New York State Director, American Farmland Trust

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rowing, processing, and selling food has traditionally formed the foundation of all of the world’s economies and New York is no different. From potatoes and sweet corn grown on Long Island to the dairy herds of Erie County, New York’s 30,000 farms generate over $5 billion in economic activity annually and serve as the cornerstone of the state’s $46 billion farm and food economy.

But when the fiscal crisis of 2008 hit New York, the state’s Environmental Protection Fund, which provides funding for the Farmland Protection Program, was cut in half. This left the Farmland Protection Program with $70 million in outstanding funding commitments to 61 farm families to help them in permanently protecting their land. While addressing this backlog, the state stopped accepting applications for new farmland protection projects.

The evidence for continued growth in food production is mounting.

According to the United Nations, food production worldwide must double by 2050. Yet, 90% of the world’s land suitable for farming is already being used to raise crops and livestock.

As we enter 2014, things are looking up. State and local partners and farm families have worked diligently to complete outstanding projects and the project backlog has been dramatically reduced.

Governor Cuomo and State Legislators agreed to increase the Environmental Protection Fund to $153 million in last year’s State Budget, including $13 million for the Farmland Protection Program.

Meanwhile, a growing number of farmers across New York are interested in permanently protecting their farms. Many of these families plan to reinvest funds they receive in exchange for placing a conservation easement on their farm by upgrading farm equipment, constructing new barns, purchasing additional farmland and bringing a new generation into the farm business.

As a result, private investors and foreign countries like China and Saudia Arabia have been buying or leasing millions of acres of farmland in places like Africa and South America. These countries and capitalists understand a lesson that is often overlooked in the United States – farmland is fundamental to food security and economic prosperity.

New York is home to more than 19 million eaters, with many more in neighboring states. This is a huge market. In addition, the state has the productive agricultural soils and abundant supplies of clean water that give it a competitive advantage. Thus, producing, processing and selling locally grown food represents a huge economic opportunity for New York.

Yet, the farmland on which this economic opportunity rests has too often been taken for granted. New York has lost nearly half a million acres of farmland to real estate development since the 1980s – an area equal to over 4,000 farms.

To address this threat, New York established a Farmland Protection Program in 1996. The program provides funds to counties and municipalities to develop and update agriculture and farmland protection plans which spur local action in support of farming as well as stem the loss of farmland to poorly planned development.

Municipalities, counties and land trusts can also apply to the program for funding to purchase conservation easements from farmers who want to permanently protect their agricultural land from development and make it available to produce food for generations to come.

The state’s Farmland Protection Program has provided over $100 million in aid to more than 75 towns and 50 counties for developing strategies to support local farmers and permanently protect roughly 200 farms across New York. These funds have made it possible for farmers in 28 New York counties to protect their farms with conservation easements, often in partnership with private land trusts.

This is a pivotal time in New York. It has been 5 years since the state last sought new applications from farmers interested in protecting their land. It was the responsible thing to do, but now New York is ready to move forward. American Farmland Trust and its local partners are urging Governor Cuomo and the Department of Agriculture and Markets to issue a new Request for Proposals for the Farmland Protection Program before the end of the fiscal year.

Further, we are encouraging the Governor and Legislature to rebuild the state’s Environmental Protection Fund and provide adequate funding for the state Farmland Protection Program.

Agriculture and related businesses are being prioritized as economic development opportunities by counties across New York. Restarting our state’s Farmland Protection Program will provide counties with the new resources they need to protect their farmland base, and grow their local farm and food economies.

It’s time to start protecting farms again in New York State.

About the American Farmland Trust: American Farmland Trust is the nation’s leading conservation organization dedicated to protecting farmland, promoting sound farming practices and keeping farmers on the land.

For information on American Farmland Trust’s work in New York visit: Website: www.farmland.org/newyork, Facebook: Facebook.com/americanfarmlandtrustny Twitter: @FarmlandNY www.nysac.org 45

This year, NYSAC welcomes more than 200 newly elected county officials.

We also say goodbye to several very active and influential participants in our community of counties.

Marking the Retirement of Past Presidents of NYSAC and the County Executives Association We are grateful for their many contributions to the association, their counties, and the State of New York.

We wish them good health, good cheer and good will.

Hon. William Ryan, 2010-11

Hon. Edward A. Diana, 2012-13

Hon. Mary Pat Hancock, 2011-12

Hon. Rocco J. DiVeronica, 2005-07

Virginia Amico, 2004-05

And Past President of the County Executive’s Association

Hon. Gregory J. Edwards, 2012

46 N YSAC News Win ter 201 4

C. Scott Vanderhoef, 2003

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Getting Your Equipment and Facilities Ready for the Summer Season Old Man Winter was rough on municipal property this year.

Check now for weather-related damage.

A

ssessments to determine the extent of damage are needed. They help determ in e how we l l municipal property, equipment and facilities fared this past winter. Assessments also aid in developing and prioritizing a strategy for remediation and replacement.

Roadways and Streets Streets and roadways need to be checked for damage and the damage needs to be assessed and repairs prioritized. A log should be maintained of all reported potholes and the date they were filled. Any written notices of roadway defects need to be documented, investigated promptly, and required repairs made as necessary. Curbing along streets needs to be inspected for damage or heaving.

Roadway and street markings should be inspected as well. Markings that have faded or worn away need to be identified and a list developed for summer painting.

Roadway and street signs need to be inspected.

Missing, damaged, faded signs or signs that have lost reflectivity need to be identified and appropriate repairs or replacements made. As a rule, documented sign inspections should be done semi-annually.

Guide rails also require inspection. Check for: loose rails and parts; damage; wear and tear; and missing components.

Parking Lots Parking lots sustain a great deal of wear and tear during winter. A walk-through of municipal parking areas can help identify hazards like uneven surfaces, damaged curbing and drainage grates, and pot holes. If stop strips are used in parking lots, check them for damage also - particularly exposed sharp edges and protruding rebar. If a parking lot is lighted, look for burned out lights and damaged light sensors. Adjust light timers to accommodate daylight savings time. Parking lot fences are often damaged from snow plowing. There can also be loose fence fabric, damaged or loose top rails or damaged structural members.

Sidewalks Like parking lots, sidewalks need to be inspected for similar surface defects. Are there uneven surfaces; heaved sidewalk panels; or damaged curbing?

Trees Municipal trees need to be assessed for wind damage; loose branches; dead branches and “widow makers”. If “widow makers” (brokenoff or detached limbs that hang in a tree) are found, they need to be addressed promptly.

Buildings Inspect the building exterior for weatherrelated damage. Look for evidence of ceiling damage that may be a result of roof damage.

Gutters and downspouts need to be checked for damage and security. Perimeter lighting needs to be checked and burned out lights replaced. Light sensors need to be checked and repaired as needed. If perimeter lights are on timers, they need to be adjusted for daylight savings time. Flags which may need to be retired should be collected and taken to the local American Legion or Veterans of Foreign War Post. These members will ensure flags are properly retired.

In all cases, items requiring attention need to be documented and corrected to prevent injuries and damage.

Fire Safety A few fire safety reminders as we move into spring: • Keep up with housekeeping and the storage of combustible materials. Do not let combustible materials accumulate in the DPW or Highway Garage and ensure refuse is removed regularly.

• Ensure all fire doors that are to be closed remain shut. Inspect fire doors held open by fusible links and magnetic hold-opens to ensure these devices are operating properly and the closing pathway is not blocked or compromised. Ensure fusible links have not been painted.

• Seal all wall penetrations with hydraulic cement or “Fire Stop”.

• Check the condition of building electrical systems. Ensure there are no missing circuit breakers. If there are open circuit breaker spaces, protect them with an appropriate protective cover. Maintain 36 inches of clearance in front and to the side of all electrical panels. Repair any defects identified.

NY Municipal Insurance Reciprocal • Check fire alarm systems. Ensure all components are operating correctly. Have your fire alarm company do these checks.

Playgrounds Inspect playgrounds for damage that may have occurred over the winter. Develop a list of items that need to be corrected and order necessary parts. Check protective surfacing for adequacy and drainage. Add additional protective surfacing once the weather stabilizes and improve drainage as necessary. Ensure playground rules signs are present and legible.

Lawn Equipment Check lawn equipment for any damage.

Change the oil; sharpen or change blades; lubricate and oil as necessary; check tires for damage; check all operating controls to ensure they operate as designed. Before mowing for the first time, check the area for debris and stones that could be thrown by the mowers.

Work Zones When doing roadway or street work, ensure work zones are properly set up and wear appropriate protective equipment including your vests. If vests are dirty from winter wear with questionable reflectivity, this is a good time to launder them.

Vehicle Electrical Failures & Fires • When placing plows into storage, carefully inspect hooks and chains used to suspend the salt boxes and sanders for stretching, corrosion and wear. Replace any worn components.

• Inspect plow cables for wear or torn wires.

If damaged, replace before storing for the season.

• Check vehicle hydraulic hoses and wiring harnesses for “frame rub” or damage from winter plowing. If worn, repair or replace.

• Are fields and grassy areas checked for stones and debris before mowing starts?

• Check and torque if necessary tensioned roof turnbuckles (salt shed roofs) to ensure they are at the proper tension.

www.nysac.org 47

Pelletier Institute Enhances County Leaders’ Public Service Skills

By Jackie Dederick NYSAC Member Services Coordinator

T

he Dennis A. Pelletier County Government Institute is an educational program created by the New York State Association of Counties (NYSAC) and is a partnership between NYSAC and Cornell University. The program educates county leaders on the roles and responsibilities of county government, the relationship between each level of government, and gives them the tools they need to lead with integrity.

By the Numbers • Number of Pelletier Institute Certificate Graduates: 91

“The Pelletier Program has enabled me to continue my government training in areas where I would not necessarily have had such an opportunity.”

—Dorothy Huber, Ontario County Supervisor Class of 2012 “The knowledge I gained through the Pelletier Institute has given me the cutting edge in representing my taxpayers.”

—Lynne Johnson, Orleans County Legislator Class of 2012

• Number of County Officials Enrolled in the Pelletier Institute: 69 • Number of People who have attended Pelletier Institute Credited Workshops: 614 To enroll, complete the registration form and send it to: Pelletier County Government Institute 540 Broadway, 5th floor Albany, NY 12207

What graduates have to say about the Pelletier Institute “The Pelletier program has given me a wealth of knowledge. The coursework is interesting and informative, and has given me a greater understanding of local government.”

—Carl Albano, Putnam County Legislator Class of 2013 “Since the beginning of my term, the Pelletier Program has been a great learning tool, providing me with a better understanding of county government and how it works.”

—Rev. Aola Jackson, Chemung County Legislator Class of 2013 “The Pelletier Institute workshops have broadened my overall understanding of the workings of county government and have given me an extra tool set from which I can better do my job. I can’t imagine a more practical way to gain all this information.”

—Lawrence Caza, Schoharie County Executive Deputy County Clerk, Class of 2013 “The Pelletier program has provided me with the skills necessary to represent my county better. It has been a valuable experience, which I would recommend to any county official.”

—Daniel Martindale, Washington County Deputy Attorney, Class of 2012

48 N YSAC News Win ter 201 4

““The Pelletier Institute gave me a fresh perspective and a powerful network dedicated to strengthening local government statewide. The education and training I gained in the program have given me the power and ability to intelligently and effectively serve the people who confide in me as their representative. The instructors are knowledgeable and the workshops are interesting and enlightening. NYSAC is a vital source of education and professional development for county officials. All the arrows point in the same direction: toward good government!”

—Harmony Speciale, Oneida County Legislator Class of 2013 “The classes have helped me better understand the role of our county board and the relationship to state government. I highly recommend that every elected official become accredited.”

—Milfred Potter, Oswego County Legislator Class of 2012 “I found the Pelletier program both rewarding and challenging.

I would encourage anyone who is desirous of understanding the complex relationships between the federal, state and local governments to enroll in this program.”

—Richard Mayfield, Orange County Director of Operations Class of 2012 “The Pelletier Institute has provided me with an opportunity to gain in-depth knowledge about a multitude of county government-related topics, which has enabled me to do a better job of serving the people of Saratoga County.”

—Thomas Wood, Saratoga County Supervisor Class of 2012

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Pelletier Institute

ENROLLMENT FORM Please complete this enrollment form and return to:

Dennis A. Pelletier County Government Institute C/O NYSAC 540 Broadway, 5th Floor Albany, NY 12207

Name____________________________________ Title_____________________________________ County__________________________________ Address__________________________________ E-mail___________________________________ Phone___________________________________ Fax______________________________________ Method of Payment: Enclosed Check  Bill Me  Payable to: Pelletier Institute

Enrollment Fee: $55.00 Signature_________________________________ For more informaiton on how to participate in the Dennis A. Pelletier County Government Institute Certificate of Achievement program, contact Jacqueline Dederick at the New York State Association of Counties at jdederick@nysac.org or call 518-465-1473.

Dennis A. Pelletier was elected NYSAC’s First Vice President in September 2003, after serving four years as a member of the association’s Board of Directors. He also served as President of the NYS Association of Chairs of Legislative Boards, a NYSAC affi liate. Dennis Pelletier served as President of the Monroe County Legislature from 1998 through 2003 and had been a member of the legislature for 11 years. In 2003, he was appointed Executive Director of the Monroe County Water Authority, the position he held at the time of his death. During his career in county government, Dennis developed a strong reputa-tion for his hard work to become fully informed on the issues.

As President of the Legislature, he encouraged active debate concerning the impact decisions made by elected leaders would have on the lives of the citizens they represent. Even after the most contentious debates, Dennis was re-nowned for visiting the legislators he might have disagreed with to make sure that the tone of the political discussion was never personal and to attempt to achieve consensus on the important work ahead.

Required Courses Core Courses (20 credits) 1. Principles of County Budget & Finance 2. Foundations of County Government 3. Public Sector Labor Management Relationships 4. Ethics 5. Building Consensus in a Political Environment Elective Courses (10 Credits) Continuing Education (4 Credits)

New Local Laws

By Patrick Cummings NYSAC Assistant Counsel

Albany County Passes Local Law Regulating the Use of Polystyrene Foam in Chain Food Service Restaurants In December of 2013, Albany County enacted a local law regulating the use of polystyrene foam (commonly known as Styrofoam) food service ware and requiring the use of biodegradable or compostable food service ware by chain food service establishments within county borders. This law applies to all food service establishments in Albany County that are part of a group of fifteen or more food service establishment locations nationally. Food service ware includes all bowls, plates, cartons, cups, containers, trays, and other items designed for one time use or in which any chain food service establishment directly places and/or packages food. Food service establishments will have the responsibility of providing proof to the Commissioner of Health that their disposable food service ware is suitable compostable and biodegradable product. The law further authorizes the Commissioner of Health for Albany County to promulgate rules and regulations and taken any actions necessary to implement and enforce the local law.

Food service establishments found in violation of the law will be subjected to fines. On the first offense, the establishment will be guilty of a violation, and fined up to $25o. On the second offense, the establishment will be guilty of a violation, and fined up to $500. On the third and subsequent offense, the food service establishment will be guilty of a misdemeanor and fined up to $1000.

This law will take effect in July of 2014.

Hamilton County Passes “Solid Waste and Recycling Law” In an effort to reduce the amount of solid waste that is disposed of in county landfills, and conserve recyclable materials, Hamilton County passed the “Solid Waste and Recycling Law.” This local law institutes a plan for the management of recyclable materials generated or originated within the county to encourage waste stream reduction through recycling.

This law applies to solid waste generated by residential, commercial, industrial, and institutional establishments. The solid waste coordinator or other office as designated by the Board of Supervisors has the responsibility for the implementation of the law.

Counsel’s Corner 50 N YSAC News Win ter 201 4

Prior to collection or transport, all solid waste must be separated into recyclable materials and solid waste. Separated recyclable materials may not be comingled with other solid waste during

collection, transportation, processing or storage following collection.

Only persons acting under the authority of a hauler or the county are authorized to collect recyclable materials placed for collection. The hauler or county may refuse to collect recyclable materials that have not been separated from solid waste. The individual who placed the materials for collection will be responsible for removing unsorted recyclables. All recyclable materials placed in a county owned container at curbside or any designated collection place shall immediately become property of the county. All vehicles and containers used to collect recyclable materials are subject to inspection by the solid waste coordinator. The provisions of this local law will take effect in March of 2014.

New York City Passes Local Law Raising the Legal Tobacco Products Sales Age to 21 Since 2002, New York City has been active in reducing and preventing tobacco use, especially among youth. In New York City, 80% of smokers started smoking before they turned 21 years old. Most people who are not smokers by 21 do not start smoking later in their lives. In reaction to these statistics, New York City enacted a local law which increases the minimum sales age for tobacco products from 18 to 21. The city hopes that this local law will have the effect of reducing smoking and tobacco use by 18- to 20-year-olds, and increase the likelihood that these individuals will not become smokers later in life. This law will go into effect in May 2014.

New York City Passes Local Law Banning the Public Use of Electronic Cigarettes Electronic cigarettes are devices that deliver vapor for inhalation.

Electronic cigarettes have not been approved and are currently unregulated by the FDA. However, the FDA has expressed concern that these devices may contain toxins and carcinogens. Additionally, most of these devices contain nicotine, which is a highly addictive substance. The city is concerned that the use of electronic cigarette devices in places where smoking is prohibited may interfere with the enforcement of the Smoke-Free Air Act. It may also increase the social acceptability and appeal of smoking, while also sending a message that these potentially harmful products are safe.

This local law prohibits the use of electronic cigarette devices in public places and places of employment. In effect, electronic cigarettes will be banned in all places where smoking of tobacco is currently banned in New York City beginning in April 2014.

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