NYSAC News Winter 2017 by NYS Association of Counties

NEW YORK STATE ASSOCIATION OF COUNTIES

201 7 Legislative Guide Volume 38, Issue 1 | Winter 2017

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President’s Page NYSAC OFFICERS Hon. William Cherry, Schoharie County President Hon. MaryEllen Odell, Putnam County President-Elect Hon. Kathleen M. Jimino, Rensselaer County First Vice President Charles H. Nesbitt, Jr., Orleans County Second Vice President Hon. Anthony J. Picente, Oneida County Immediate Past President

MEMBERS Hon. John LaPointe, Washington County www.co.washington.ny.us Hon. Joanie Mahoney, Onondaga County www.ongov.net Hon. Edward P. Mangano, Nassau County www.nassaucountyny.gov Hon. John F. Marren, Ontario County www.co.ontario.ny.us Hon. Marcus Molinaro, Dutchess County www.dutchessny.gov Hon. Christopher Moss, Chemung County www.chemungcounty.com Hon. Mark C. Poloncarz, Erie County www2.erie.gov Hon. Scott B. Samuelson, Sullivan County www.co.sullivan.ny.us Hon. Martha Sauerbrey, Tioga County www.tiogacountyny.com Hon. Bill de Blasio, Mayor NYC www.nyc.gov

PARLIAMENTARIANS Hon. Herman Geist, Esq., Westchester County www.westchestergov.com

Hon. A. Douglas Berwanger, Wyoming County www.wyomingco.net

From the NYSAC President, Hon. William Cherry Working for You!

ecause of state mandated programs and services, county government is a misunderstood unit of local government. Let’s be clear: county government is independent of the state government and is accountable directly to the citizens. It does work in partnership with state and federal agencies, but it is a general purpose unit of local government providing local services directly to the people. This work takes many forms, functions across communities, and is all too often taken for granted or misunderstood. That’s why, in 2017, NYSAC and counties across the state will be talking about the ways counties make New York work.

New York’s Counties: Working for You! To name a few county services: County emergency responders plan and train so that in times of natural or manmade disasters, weather-related, or environmental accidents, first responders can act quickly and efficiently. County health departments protect the health and well-being of citizens through programs from vaccine clinics to restaurant inspections, to combatting the flu and other communicative diseases. County election offices ensure the democratic electoral process at the federal, state and local level is conducted fairly and uniformly. County sheriffs ensure our communities are safe by patrolling our roads and managing county jails.

County industrial development agencies, tourism offices, and economic development departments promote a strong and diverse economy for our communities. County highway superintendents build, maintain, and plow local roads and bridges to ensure safe passage to work and school. County weights and measures officials ensure that a gallon of gas actually equals a gallon of gas, and a pound of deli meat weighs a pound, so that consumers get what they are paying for. And just as your county is working for its residents, NYSAC is working for you. NYSAC’s mission is to represent, educate, advocate for, and serve member counties and the thousands of elected and appointed county officials who serve the public. NYSAC offers counties a slate of services and programs in the interest of better, more cost effective, and efficient government. We work to maintain close ties with officials in Albany and Washington, D.C. to ensure New York’s counties are adequately represented as state and federal policies and spending plans are determined. We provide timely and pertinent information and solutions to member counties through conferences, webinars, policy briefs, research, survey reports, newsletters, magazines and daily news clips. I look forward to a great year of service to you as your President.

www.nysac.org 7

Enduring Values. Inspired Performance. Every day CSRA makes a difference in how the government serves our country and our citizens. This year, CSRA's New York Health and Human Services team celebrates our 30-year legacy of working closely with our State and Local government partners to provide reliable service to New York's citizens by helping over 6 million New Yorkers gain access to higher quality healthcare and health insurance through New York's Medicaid Program (eMedNY) and the New York State of Healthâ&#x201E;˘ Marketplace.

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Director’s Note NYSAC STAFF From the Executive Director, Stephen J. Acquario

(partial listing) Stephen J. Acquario, Esq. Executive Director Karen Catalfamo Office/Financial Manager Nicole Correia Communication Coordinator Patrick Cummings, Esq. Counsel Jackie Dederick Records Manager Patricia Gettings Assistant to the Director Katie Hohman Program Specialist Mark LaVigne Deputy Director Dave Lucas Director of Finance & Intergovernmental Relations Jill Luther Program Administrator Juanita Munguia Marketing Specialist Jeanette Stanziano Director of Education & Training Tammy Thomas Communication Assistant Receptionist

ow that county budgets are adopted for Fiscal Year 2017, NYSAC’s attention turns to national and state priorities and their budgeting. The Executive 2017-18 State Budget has been introduced and details are now being considered by the State Legislature, which must act on the proposal by April 1st, the start of the next State Fiscal Year. The federal government, under President Donald J. Trump, now must debate continuing resolutions that will get them to October 1st, the start of their next Fiscal Year. NYSAC is engaged in these budget negotiations closely as county operations and budgets are inextricably tied to spending plans at the state and federal levels. Combined, these two budgets determine as much as 21 % of our overall county revenue. Counties rely on property and sales taxes (21.5%, 23.1% of budgets), and then reimbursement from New York and the federal government (10.9% and 10.2%).

For several years at the federal level, Congress and the President have been allocating funding through continuing resolutions. We will be looking at whether the President and Congress can agree on major ticket items that will allow them to pass a budget by the October 1st start of their Fiscal Year. Among the major issues the President and Congress will be grappling with that could impact our counties are infrastructure funding, the future of the Affordable Care Act, Family First legislation, changes in Medicaid, and new tax cuts. As we begin the year with a new President, a new Congress, and the new State Legislature, know that your New York State Association of Counties will be engaged on your behalf.

At the state level, among the major items we are working on is how the state plans to implement indigent defense reforms, address inequities in the state’s safety net program, additional state funding for 9-1-1 centers, and boosts in community college aid.

www.nysac.org 9

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PUB L IS H ED 3 TIMES A YEAR President • Hon. William E. Cherry Publisher • Stephen J. Acquario Managing Editor • Mark F. LaVigne Editor • Nicole M. Correia Staff Writers • Patrick Cummings, Katie Hohman, Dave Lucas, Jill Luther, Jeanette Stanziano 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 90 years. NYSAC’s mission is to represent, educate and advocate for member counties at the federal and state levels.

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Table of Contents Cover Photo by Marco Varisco NYS Capitol Staircase

Winter 2017

NYSAC News • Volume 38, Issue 1

NYSAC Informs with e-news publications: NYSAC Weekly Wire Emailed every week during the Legislative Session. Highlights county-related issues and activities that are 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. To sign up visit www.nysac.org

Target Your

7 9 15

President's Page

Director's Note

2017 NYSAC Events: Education and Training for County Officials

Meet Your NYSAC Legislative Team

What Happens and When: NYSAC’s Advocacy Timeline

Advocacy 101: Working with NYSAC to Communicate County Needs

NYSAC's 2017 Legislative Program Special pull-out page

Introducing the Women’s Leadership Roundtable

Market!

Advertise with NYSAC

Succession Planning: A True Story of Transition in Local Government

What to Watch For in 2017: The Guide to Issues Impacting Counties

Thank You 2016-2017 Excelsior & Associate Partners

NY First Home Proposal: Keeping New Yorkers In New York

Economy and Public Policies Impact County Revenues, Expenditures

Local Laws: Tow Trucks, Conflict Defenders, and Probation Fees

New York State Legislative Session Calendar 2017 National Geographic Features Ulster County's Environmental Initiatives

contact NYSAC Marketing Specialist Juanita Munguia at 518-465-1473 or jmunguia@nysac.org www.nysac.org 13

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2017 EVENTS

2017 NYSAC Events: Education and Training for County Officials By Jeanette Stanziano NYSAC Director of Training and Education

ducation is at the core of NYSAC's mission. Through conferences, webinars, training, the County Government Institute, and regional workshops, NYSAC provides timely and cutting-edge information that enables county officials to lead with excellence, integrity, and vision.

Every Year, NYSAC Hosts Three Conferences: Legislative Conference (held in Albany in early February), County Finance School (held each May), and Fall Seminar (held in September).

In 2017, these NYSAC events will continue to bring members the latest information on issues facing counties, education and training to further your ability to serve as an effective leader, and opportunities to connect with county leaders from across the state.

Legislative Conference

January 30 - February 1, 2017 The Desmond Hotel, Albany The NYSAC Legislative Conference is held every January/ February in Albany and is focused on developing NYSAC’s legislative goals and priorities for the year ahead. This is done through standing committees, which pass resolutions that are then adopted by the membership. These resolutions form the association’s legislative program for the year. Workshops at this conference cover top issues impacting counties and potential state legislation around these issues, information on advocacy and lobbying, and opportunities to learn from experts on specific issues, the legislative process, and leadership. Attendees also value the opportunity to connect with and learn from county leaders from around the state.

County Finance School

May 2-4, 2017 Sheraton Syracuse University Hotel, Syracuse The County Finance School is a 3-day educational training event held each May at the Sheraton Syracuse University Hotel in Syracuse, New York. The school features cutting edge workshops developed specifically for county finance officials and the growing educational needs of the local government community. Each year, County Finance School features keynote presentations, educational sessions, meetings, and valuable networking opportunities for county officials and vendors. The County Finance School is co-sponsored through the generosity and expertise of the Office of the New York State Comptroller and features a number of OSC/CPE accredited sessions vital to officials seeking to meet the continuing education requirements of their vocation. The New York State County Treasurers and Finance Officers Association also serves as a valuable contributor to the conference by planning workshops and agenda items in conjunction with OSC and NYSAC.

Fall Seminar

September 13-15, 2017 Marriott Syracuse Downtown, Syracuse The NYSAC Fall Seminar is primarily educational, although Standing Committees meet and Resolutions are passed. The Fall Seminar is held in a different location every year, giving NYSAC members an opportunity to explore and learn from other regions of the state.

www.nysac.org 15

NYSAC LEGISLATIVE TEAM

Meet Your NYSAC Legislative Team NYSAC’s Legislative Team advocates and educates state officials on matters of importance to our county members. Our team of experienced lobbyists ensures that the county voice is heard on any and all issues that may impact New York’s counties.

Stephen J. Acquario

Executive Director Stephen J. Acquario is NYSAC’s Executive Director and General Counsel. Stephen presents a single voice for the county governments of New York State. He is responsible for the overall direction of the association, and oversees the association’s agendas to ensure a cohesive and coherent legal and legislative strategy on behalf of New York’s 62 county governments. Stephen graduated from Albany Law School of Union University (magna cum laude). He holds a bachelor’s degree in Industrial and Labor Relations from the State University of New York College at Potsdam. In addition, he earned a graduate certificate in Industrial and Labor Relations from Cornell University.

Patrick Cummings, Esq.

Counsel pcummings@nysac.org Issue areas: Native American Affairs, Gaming, Real Property Taxation, Public Employee Relations, Indigent Defense, Legal/Judiciary, Veterans Patrick joined NYSAC in 2011. Prior to joining NYSAC, Patrick worked as an Assistant County Attorney in Schenectady County. As Counsel, Patrick provides legal guidance for general NYSAC matters as well as legal support to county attorney offices across the State. The NYSAC legal department has recently lead several major projects on behalf of county members, including providing support and education to counties seeking thorough charter changes, and organizing and filing defense support for county suits challenging the In Rem tax foreclosure process. Patrick is the liaison and tracks state bills for the following countyrelated associations: New York State County Clerk Association New York State Association of County Directors of Real Property Tax Services

16 N YSAC News Wint er 201 7

Kathryn Hohman

Program Specialist khohman@nysac.org Issue areas: Public Safety, Economic Development, Agriculture/Rural Affairs, Broadband, Planning Kathryn Hohman joined NYSAC as a Program Specialist in 2015. Katie previously worked as a Legislative Representative at Capitol Group, LLC. She has extensive experience with bill introductions, legislative amendments and proposed regulations; analyzing relevant media and political developments and association work. Kathryn graduated from Siena College in 2009 with a BA in Political Science. During her time at Siena she interned in the Office of the Governor in 2008 through 2009, working on several special projects for the Deputy Director of Operations. In 2013 she earned a dual Master’s degree in history and political science from the College of St. Rose.

Mark LaVigne

Deputy Director mlavigne@nysac.org Issue areas: Workers Comp, Public Works, Insurance, Transportation Mark LaVigne is NYSAC’s Deputy Director. Previously Mark served as communication director for the association. Prior to his work at NYSAC, Mark worked at the Center for Technology in Government (CTG) at the University of Albany. CTG is an international research institute that fosters public sector innovation and supports good governance. Previously, Mark worked at the New York State Assembly and has held a range of other positions, including newspaper reporter, congressional aide, and campaign manager. Mark holds a bachelor’s degree in English Literature from LeMoyne College, and a master’s degree in Communication from the University at Albany, where he is currently pursuing his Ph.D. in Organizational Communication.

Dave Lucas

Director of Finance and Intergovernmental Relations dlucas@nysac.org Issue areas: Medicaid, Taxation, Finance/Budget, Resolutions Dave has led NYSAC’s legislative, policy development, and fiscal & budget programs since 2009. Dave also held the position of Legislative Director at NYSAC during the mid-1990’s. Dave acts as the lead policy analyst for NYSAC on issues related to the State Budget, Medicaid, Early Intervention and Preschool Special Education, state and local revenue issues including home rule. He is also the staff liaison for the following NYSAC affiliates and related county-based and professional organizations: New York State Association of County Administrators and Managers New York State County Treasurers’ and Finance Officers’ Association New York State Association of County Health Officials (NYSACHO)

Program Administrator jluther@nysac.org Issue areas: Public Health, Mental Health, Preschool Special Education, Early Intervention, Aging, Environment

LEGISLATIVE TEAM

Jill Luther

Jill Luther joined the NYSAC team as Program Administrator in 2015. Jill has more than eight years of experience working with federal, state and local governments. Jill graduated with a BA in Politics from the State University of New York at Potsdam. During her time at Potsdam she interned for the Office of the Attorney General, District of Columbia, as well as at the New York State Assembly. Jill is also a member of the National Association of Professional Women. Jill rose through the ranks in the New York State Legislature from an Assembly intern to most recently, Legislative Director to the Independent Democratic Conference for the New York State Senate. Jill has experience creating and organizing legislative agendas, writing and analyzing proposed legislation, and serving as a liaison between Senate members and the Executive Branch, Senate and Assembly offices, as well as municipalities, statewide organizations, community groups and constituents.

Government Finance Officers’ Association (GFOA) Prior to returning to NYSAC, Dave was a Deputy Director in Governor Schwarzenegger’s Washington DC office where he served as the Governor’s federal health, labor and economic and tax policy advisor. Prior to joining Governor Schwarzenegger’s staff, Dave worked for nine years as the federal liaison for the NYS Division of Budget as an advisor to the Budget Director and Governor’s Office on federal budget and policy issues. In this position he worked with all state agencies to coordinate and translate how federal budget actions impacted the State Budget and to develop solutions that ensured federal actions supported the Governor’s budget and policy objectives.

County Executives Jimino and Picente deliver Executive Budget testimony alongside NYSAC Executive Director Stephen Acquario.

www.nysac.org 17

NYSAC’S ADVOCACY TIMELINE

What Happens and When: NYSAC’s Advocacy Timeline

YSAC’s mission is to represent, educate, advocate for, and serve member counties and the thousands of elected and appointed county officials who serve the public. The NYSAC Legislative Team works together to analyze legislation, develop lobbying action plans, and coordinate NYSAC’s Legislative Agenda to advocate for counties with a unified voice. Each year, the NYSAC Legislative Team follows a timeline of budget and legislative work to be accomplished on behalf of our members. The timeline aligns with the NYS budget process and legislative calendar.

The Legislative Team also works closely with the 13 NYSAC Standing Committees (Agriculture; Children with Special Needs; Economic Development, Environment and Rural Affairs; Intergovernmental Affairs; Legislative; Medicaid & Human Services; Native American Affairs & Gaming; Public Employee Relations; Public Health & Mental Health; Public Safety; Resolutions; Taxation & Finance; and Transportation & Public Works). These member-chaired committees develop, discuss and adopt the series of resolutions that go before the full county delegation, and then become the basis of NYSAC's legislative program, including our legislative agenda for the coming year.

SEPTEMBER –DECEMBER Every September, the whole NYSAC team, the 13 NYSAC Standing Committees, and our general membership convene at the NYSAC Fall Seminar. During this conference, standing committees are tasked with issuing, reviewing and passing resolutions that represent the membership’s interests and offer practical solutions. Once the resolutions are passed through their respective committees and adopted by the membership, the Legislative

Team organizes and identifies the priorities to create the coming year’s Legislative Program. Once the platform is complete, the Legislative Team identifies budget priorities and non-budget legislative priorities. NYSAC expands on both the budget and legislative priorities and provides supporting material and data for each item. We then schedule meetings with representatives from the New York State Division on Budget (DOB) to share our members’ budget-related requests.

JANUARY January marks the beginning of the New York State Legislative Session. The Session begins the first Wednesday after the first Monday of the New Year. The opening is usually marked by the Governor's delivery of the "State of the State Message" in Albany. This year, Governor Cuomo delivered his “State of the State Address” in regional presentations throughout the state. These messages generally outline the priorities and programs the Governor wants the Legislature to address during the year ahead. The Governor must submit his Executive Budget Proposal to the Legislature, along with the related appropriation, revenue, and budget bills, by the third week in January (or by February 1st in a gubernatorial election year). Once the Governor’s Executive Budget Proposal is released, NYSAC’s Legislative Team identifies key issues for counties within, or excluded from, the Executive Budget Proposal.

18 N YSAC News Winter 201 7

The Legislative Team then develops a lobbying plan for each issue. This involves analyzing the bills, obtaining county feedback and data, and organizing strategic meetings with the Legislature, staff, DOB, and the Governor’s Office. If there are any major county-involved items within (or excluded from) the Executive Budget Proposal but not part of our Legislative Platform, the Legislative Team drafts resolutions to be presented to the proper standing committee at the annual Legislative Conference at the end of January/beginning of February. While the budget process continues, new bills are introduced daily by members of the Legislature. The Legislative Team reviews daily introductions, reviews committee reports, and responds accordingly with memos in support or opposition.

ADVOCACY TIMELINE

Above: NYSAC Executive Director

Above: In 2016, County leaders

Acquario meets with Sen. Joseph Griffo

convened with State Lawmakers

at the New York State Capitol.

at the NYS Capitol in support of

Right: Albany County Excecutive

Indigent Defense Reform.

McCoy joins County Clerks Kendall (Dutchess) and Hidley (Albany) to meet with Sen. Kathleen Marchione.

FEBRUARY – MARCH At the conclusion of the NYSAC Legislative Conference, the Legislative Team sends the adopted resolutions to the Governor, Senate and Assembly leadership, each member of the Legislature, agency heads, Congressional Membership and any/all appropriate staff. During February, the Legislature creates Legislative Budget Standing Committees and commences Joint Legislative Budget Hearings. The Legislative TNYeam prepares testimony to be

presented at the Local Government Hearing and coordinates meeting with the Senate and Assembly leadership and staff. The Governor generally releases 21-Day Amendments and 30-Day Amendments to the Executive Budget Proposal bills by the end of February, depending on when initial bills are introduced. Once the 30-Day Amendments are released, the Senate and Assembly release their own budget proposals. The Legislative Team identifies key issues for counties within or excluded from the Legislature’s budget proposals and revises the lobbying plan for each issue as needed.

APRIL – JUNE The Executive State Budget must be passed by April 1. Upon adoption of the final State Budget, the Legislative Team immediately prepares a full analysis of the final State Budget to provide to NYSAC members. Budget priorities that were not completed in the final State Budget are transitioned into non-budget legislative priority items. The Legislative Team begins their lobbying efforts for the Legislature on counties’ key no- budget priorities. As the session concludes at the end of June, the Legislative Team assembles analyses of all legislation that has passed both houses and measures each bill’s impact on individual

member counties. Once the analysis is complete, the Legislative Team compiles the “Passed Both Houses” report, which is sent to NYSAC members. This report explains all the key items from the final State Budget along with a description of all the bills that have an impact on counties. Our team continues to update the report through the end of the calendar year. Once bills are transmitted to the Governor’s office, NYSAC drafts letters to the Governor’s Counsel to report counties’ support or opposition to the pending legislation.

Throughout the course of the legislative timeline, as new issues, programs and/or grants are announced or introduced, the Legislative Team analyzes and develops white papers, fact sheets, webinars, conference workshops and/or other materials to keep members abreast of changes. If you are interested in joining a NYSAC Standing Committee, please contact our office or visit www.nysac.org/committees

www.nysac.org 19

ADVOCACY 101

Advocacy 101: Working with NYSAC to Communicate County Needs By Kathryn Hohman NYSAC Program Specialist

Preparation: What Do You Need to Know?

Know the Issue: How Does It Impact Your County?

 Remain objective – step back from the issue and understand your own personal bias and the potential bias of others interested in the issue

Advocates bring information to legislators. Policymakers may have particular interest or knowledge in an area, but they are not experts in all areas. Advocates are not necessarily experts either, rather we connect policymakers with local experts. At NYSAC, this often means leveraging relationships with local officials (e.g. Probation Directors, Mental Health Directors, etc.) in order to bring practical knowledge and evidence to the hands of those who will make decisions.

 Build credibility – be fully aware of NYSAC’s positions, both current and historical  Know your allies – understand the relationship NYSAC maintains with members of the Legislature and other organizations  Contact NYSAC to discuss whether there is other advocacy already happening on the issue, and how you can support ongoing advocacy efforts

Legislative Timeline and Priorities: What Happens When Ensure you are choosing a strategic time to communicate your specific message. Be mindful of important dates such as budgetary deadlines and days and times of committee meetings. Be aware of other things occurring in the Legislature that may detract attention from your message. (See the Legislative Timeline, page 18)

Audience: Who Are You Meeting? In order to advocate successfully, it is important to understand the legislator’s position on an issue before your meeting. This can be determined using any or all of the following:  Party affiliation  Position within the Senate/Assembly (Are they in a leadership post? Committee chair?)  Other pressures from particular constituents or interest groups  Regional or ideological predispositions  Voting record/previous positions  Biographical information, past offices held, and/or news media material  Responsiveness to different approaches (how do they communicate, how do they respond to communications)

20 N YSAC News Win ter 201 7

Know the Opposition: How Does It Impact Others? There is usually a reason why the change we seek has not yet occurred. It is important to anticipate the opposition to your argument and address those issues positively and pro-actively.

Follow Up: Next Steps After meeting with a legislator and/or their staff, it is important to follow up:  Send an email thanking the legislator for their time and remind them what the meeting was about. Include any handout material in electronic form if necessary.  Send a letter thanking them for their time and summarizing your position.  If you have additional questions following a meeting, calling the legislator’s staff to follow up is a positive step as well.  Contact NYSAC to discuss NYSAC’s advocacy plan on the issue and how we could continue to work together to make county voices heard.

2017

Legislative Program “This Legislative Program was developed by county delegates, and reflects the need for specific state or federal action. These priority issues have a direct impact on local governments, our businesses, and the New Yorkers who live in our communities.” - NYSAC President William E. Cherry

9-1-1 CENTERS • • •

Direct funds to 9-1-1 centers Add public safety surcharge to prepaid cellular plans Create a statewide 9-1-1 board

PUBLIC DEFENSE Improve criminal defense services for the poor and provide counties with mandate relief

COUNTY PRIORITIES

SALES TAXES Set county sales tax authority so that State lawmakers do not have to vote every two years to extend existing sales tax rates

MANDATE RELIEF

COMMUNITY COLLEGES

Lower costs for counties and NYC by aligning Fulfill the state promise fiscal charge with the to support one-third level of of community college government that tuition costs controls the program

Agriculture and Rural Affairs

Community Colleges

• Support funding for local agricultural assistance programs

• Increase State FTE aid by $30 million to fulfill the state promise to support one-third of the community college tuition costs

• Increase support and funding available to counties to fight the rabies virus

Children and Families • Fully reimburse counties for outstanding Early Intervention (EI) claims that predate the Statewide Fiscal Agent • Require EI provider claims to be timely filed with commercial insurance and Medicaid • Remove counties from the fiscal responsibility of preschool special education and transportation costs • Improve transparency and accountability by the NYS Education Department in the preschool special education program

• Provide statutory clarification to the new chargeback methodology that says rates be set “up to” the maximum rate

Economic Development •

Support investments in workforce development to ensure New Yorkers can fill today’s job openings

Energy and the Environment • Continue to relieve local taxpayers from costs of disposing electronic waste and paint • Advocate for additional state aid and Environmental Facility Corporation (EFC) grants for clean water and sewer infrastructure projects • Promote the expansion of and access to Electric Vehicle (EV) charging stations throughout all counties in the state

NEW YORK STATE ASSOCIATION OF COUNTIES 518.465.1473 www.nysac.org

2017

Legislative Program Gaming

Medicaid

• Maintain casino revenue shares to counties to cover public safety, social services and infrastructure cost increases associated with state licensed gaming facilities

• Ensure no costs are shifted to counties as the state continues to take over local Medicaid administration

Indigent Legal Defense Services

• Hold counties harmless from changes in the federal Medicaid program or the Affordable Care Act (ACA)

• Implement the Public Defense Mandate Relief Act (S.8114 / A.10706) to improve criminal justice reform by enhancing public defense services and providing counties with meaningful mandate relief

Public Health and Mental Health

• Call on the State Office of Indigent Legal Services to provide counties with flexibility regarding the new eligibility guidelines for County ILDS Programs

• Support statewide awareness of Lyme Disease and other tick borne diseases

Human Services • Provide additional resources and technical assistance to county-operated nursing homes as they transition to a mandatory managed care model • Restore the 50/50 state/county cost sharing for the Safety Net Program • Provide sufficient resources for counties who provide safe and secure housing • Fund increased costs to the county-operated child protective service programs if the state installs a caseworker cap • Hold localities harmless from new costs associated with federal changes in the child care block grant that will require significant investment but is not funded by the federal government or the state

Local Government Finance and Tax Relief • Support a four-year authorization of all local sales tax extenders when renewed in 2017 • Increase DMV revenue distribution to counties to reflect efforts at county clerk-operated DMV offices

NEW YORK STATE ASSOCIATION OF COUNTIES

• Increase support for Article 6 programs by raising the base grant and increasing state reimbursement to local health departments

• Increase funding to support the treatment of county inmates with substance use disorders, mental health needs, HIV, and Hepatitis C

Public Safety • Fully reimburse counties for state-mandated District Attorney Salary increases •

Direct more funds to emergency communication dispatch centers, ensure the Public Safety Surcharge is collected on all devices capable of accessing 9-1-1, and create a statewide 9-1-1 board

•

Enact legislation that promotes video conference court appearances for county jail inmates, and allow all counties the option to provide detainees with pre-arraignment hearings in any court in the county

Public Infrastructure and Transportation • Continue the state and federal fiscal commitment to counties for maintaining our local road, bridge, culvert and airport infrastructure • Repeal of the New York State Scaffold Law or reform to include a pure standard of comparative negligence • Expand design-build opportunities for counties

518.465.1473

www.nysac.org

By Nicole Correia, NYSAC Communication Coordinator

YSAC is proud to launch the Women’s Leadership Roundtable, an initiative that will debut at the 2017 Legislative Conference. This new resource aims to support and encourage women holding county office, to enhance the effectiveness of female county officials, and to engage women in seeking leadership positions in their communities and within NYSAC. According to a 2015 ICMA report, the number of women serving in Chief Administrative Officer positions within local governments has not increased in 30 years- that number remains 13%. There are many challenges and barriers to increasing this number, and the Women’s Leadership Roundtable seeks to examine some of these, discuss how counties can attract more women to leadership positions, and to assist female county officials in their career development.

Resources: The NYSAC Women’s Leadership Roundtable also offers year-round resources for women holding county office and those interested in seeking elected office within their counties.

NYSAC WOMEN’S LEADERSHIP ROUNDTABLE

Introducing the NYSAC Women’s Leadership Roundtable

 Panels and networking events at all NYSAC conferences  Opportunities to speak with women in county government around New York State  Articles in the NYSAC News magazine  An online resource center at www.nysac.org  Webinars

The primary goals of the NYSAC Women’s Leadership Roundtable are to support and encourage women holding county offices, to enhance the effectiveness of female county officials, and to engage women in seeking leadership positions in their communities and within NYSAC.

The launch of the Women’s Leadership Roundtable at the 2017 Legislative Conference includes a workshop and panel discussion focused on attracting more women to county government roles.

New York State Legislative Session Calendar 2017 January 4 January 9 January 16 January 17 February 20 April 1 May 29

2017 Legislative Session convenes Start of sessions Martin Luther King, Jr. Day Final Day for Submission of Executive Budget Presidents’ Day Beginning of new Fiscal Year Memorial Day

www.nysac.org 23

NATIONAL GEOGRAPHIC MAGAZINE FEATURES ULSTER COUNTY'S ENVIRONMENTAL INITIATIVES Ulster County Recognized For Environmental Results

lster County Executive Mike Hein recently announced that Ulster County was prominently featured in National Geographic December, 2016 edition. The county was selected for its “Dreaming Green” campaign that highlights some of the county’s environmental achievements.

Creating a Green Campus at the Kingston Center of SUNY Ulster by using adaptive reuse and practical green building techniques which included installing a green wall, rain gardens and bio-retention areas, and using permeable pavers and asphalt in order to control stormwater runoff;

“The fact that Ulster County is featured in such an iconic and globally significant publication as National Geographic is extraordinary for our community, humbling for my administration and a source of great pride for everyone involved in our environmental initiatives.

Creating a world-class interconnected rail trail system; and County light fixtures were replaced with LEDs, bottled water was replaced with energy efficient water fountains, and environmentally friendly cleaning supplies used.

Some of the environmental awards received by Ulster County include: 2015 Recipient of a U.S. EPA Green Power Leadership Award; U.S. EPA continues to rank Ulster County as a leader in Green Power Use (most currently ranked 26th nationally among local governments); 2015 National Achievement Award from the National Association of Counties for County Resiliency and Sustainability for the “Carbon Footprint Reduction program";

I firmly believe that we have a fundamental obligation to protect our pristine environment for all our citizens as well as for future generations. The work my administration has done in conjunction with our many partners, especially the Ulster County Legislature, has helped deliver responsible environmental stewardship as the only net carbon neutral county in the state plus the highest concentration of municipal electric vehicle charging stations and the purchasing of all our electricity from renewable sources,” said Ulster County Executive Mike Hein.

Awarded the Bronze Level Certified Climate Smart Community by the NYS Department of Environmental Conservation (one of three municipalities, and the only county, in the state to reach this level which is the highest that has been achieved through the program);

Ulster County’s environmental initiatives include: Becoming the first and only county in New York State to become Net Carbon Neutral; Becoming the only county that gets 100% of our electricity from renewable resources; Converting the county’s fleet to alternate fuel vehicles; Creating an electric vehicle charging network; Embarking on a Utility-Scale Solar Project at the Community College in Stone Ridge and at the former landfill site in the Town of Ulster with the potential to ultimately generate 20% of the county’s electric;

24 N YSAC News Win ter 201 7

The Hudson Valley Trail Network, which Ulster County hosts sections of, was the most recent inductee into the Rails-to-Trails Conservancy’s Rail-Trail Hall of Fame; and In the fall of 2016 the White House recognized Ulster County for its commitment to reducing Green House Gas Emissions with the deployment of alternate fuel vehicles as well as expanding the county’s charging station network

www.nysac.org 25

SUCCESSION PLANNING

Succession Planning: A True Story of Transition in Local Government By Ted Fafinski Retired Town Supervisor and former Chair of the Ontario County Board of Supervisors

would like to share with you this unique process of succession planning when you don't have any control over the final outcome. This succession process is to let the town board feel comfortable in appointing someone to assist in the transition to maintain continuity of the local government, while minimizing change for town staff. The process took over one year and a lot of planning, (and things falling into place). I played the role of the consultant as well as the person being replaced. Marshall Goldsmith's book “Succession... Are you ready?” played a significant role in my mindset as I worked through the process.

Succession Planning for an Elective Office This is my story of succession planning as I retired from the position of Town Supervisor, a position I have held for over 16 years. Succession planning usually revolves around a consultant helping a retiring executive plan for the continuity of the business in an organization. In this case, the job being vacated is an elected position chosen by the voters. The election cannot take place until the position is actually vacant, and then only if the governor of the state declares a special election or when the position is automatically placed on the ballot at the next general election. The latter is the case in this situation. So if I do not have control over who fills the position and two town board members (there were four town board members plus the town supervisor, for a total of five members) have said they want to run for the position when it became vacant; how can succession planning play a role under these circumstances? Knowing the sequence of events in this situation changes the paradigm slightly and the focus of “the succession” changes to “the continuity of government” until the voters can elect a new Town Supervisor. Providing for transitional leadership that will enable the local government to function effectively until an elected leader is chosen. I began in my role as a “client” when I decided I was ready to retire. The next question was timing, when will I actually retire? I decided on mid-May. Why then? Because the process of filling vacancies in elected offices would coincide with the regular election process, people wishing to run for this office would typically pass nominating petitions in early June and file them with the local Board of Elections in early July. Once accepted by the Board of Elections, they would appear on their particular political party ballot in the November election.

26 N YSAC News Win ter 201 7

This planning process began in the summer of 2014, when I concluded who would be a strong candidate for this transitional leadership role. The leading contender was a person with over 30 years of leadership experience in county government, who had retired from the County Administrator position about 4 years ago. I wondered, had he gotten tired of playing golf? I approached him with a proposition of being my Deputy Town Supervisor. He thought about it and said yes. It was at this point I advised him of my plans to retire the following year, probably in May, and asked if he had any interest in running for the position, which he briefly considered and said no. I then asked if he was interested in serving as the Deputy Town Supervisor after I vacated my office upon retirement. He was interested in that option. The next question was, if you were appointed Town Supervisor by the Board, would you serve in that capacity until a supervisor could be elected to take office on January 1st of the year (2016)? He said yes to that possibility. I had a candidate! Now how to announce to the board my intention to retire? In December of 2014, I met with my current Deputy Town Supervisor (who was a board member and a friend) and thanked him for serving in that capacity and advised him that I would be appointing a new deputy town supervisor who could immediately step in should I decide to retire in 2015. He understood that we needed someone to do that on a daily basis and he knew that he could not due to his current career. I then met with the two Town Board members (separately) who wanted to run for the Town Supervisor position (should it become vacant) and advised them that I would be appointing a new Deputy Town Supervisor who was not on the town board, but experienced in local government. I further acknowledged that they had indicated they wanted to run for this position and at this point I wanted to leave my option open to retire in 2015. I proposed that a neutral person with government experience and success who would not be interested in running for the position would be an ideal candidate as Deputy Supervisor to keep the playing field even and yet maintain the continuity of our local government while the election process continued to play out. The other consideration was to provide a stable leadership situation for our department heads and staff so they can function during this organizational leadership change process. Both Town

Later in December I informed the board members of my choice for Deputy Supervisor and his background as a former County Administrator and Planning Director in county government. I made the appointment of the new Deputy Town Supervisor effective January 1, 2015. He had been attending Town Board meetings since late October. During January 2015, he began attending Town Board Advisory Committee meetings (Public Works, Finance, Personnel and Town Operations) on a regular basis, providing input on occasion or when asked for an opinion. In addition he attended all Town Board meetings on a regular basis. I observed the comfort level of the board members in accepting the new deputy, in the third month I sensed a respect for his knowledge and demeanor. Some of the meetings he attended I deliberately did not, or came in at or near the end of the meetings. It was in March that I announced my intention to retire on May 16, 2015. I sensed a general acceptance and an almost a relief from some of the board members and town staff that we had a qualified deputy supervisor. The deputy and I began meeting several times during the week to discuss processes and procedures, we met with my staff, the bookkeeper and my Confidential Secretary and they provided him with an overview of their responsibilities and how they carried them out. We met specifically with the bookkeeper on our current 2015 budget and the steps we took in putting it together, and then we measured how we were doing financially and furnished him with monthly financial reports and measurements. At one point I was out of the office and invited the deputy to come in that day and work with staff in my absence, which he did. They interacted comfortably based on the feedback from staff. One of the Town Board members publically announced that he was going to seek the position; the other Town Board member announced to the County Republican Committee that he would be seeking the position. The Town Board member who publically announced his candidacy, in a surprise move a few weeks later, withdrew from the race because he could not complete the sale of his business before the election and indicated he would seek re-election to his current Town Board seat in November. In withdrawing, he endorsed the other Town Board member and pledged his support. We were far enough in the succession planning process for transition that the plan was still on track.

I retired on May 16, 2015 and the Board Held a Special meeting on May 19th and appointed the Deputy Town Supervisor to the position of Town Supervisor for a term ending December 31, 2015, thus allowing the elective process in November to elect a permanent Town Supervisor to serve out the remainder of my term. The newly appointed Supervisor took office immediately on September 19th and also represented the town on the County Board of Supervisors. The Chairman of the Board of Supervisors was kept in the loop on the process and appointed the new Supervisor to be a member of my former County Board of Supervisors committees.

SUCCESSION PLANNING

Board members agreed that was important. I advised them that I would keep them posted once I made any decisions on my future. I also provided the same information the other remaining board member who could not consider running for my former position at the current time because of his job responsibilities.

While this narrative seems smooth and logical, I needed a lot of coaching and I turned to the book “Succession… Are you ready?” by my old acquaintance Marshall Goldsmith (who I met and learned from in another life). I used his book to condition myself into passing the baton appropriately and letting go of things. I re-read the first few chapters of his book several times because I struggled at times in these dual roles. I continued to use it to aid in my mindset as the person being replaced and that of the consultant in making this happen. There were conflicts in my mind as I was transitioning my role and yet trying to be the professional consultant in a process of succession that I truly believed in. It worked successfully in this instance because of the circumstances, the planning, the execution, the right candidate and the focus on transitioning the local government until an election could be held. The board member was successful in becoming the Town Supervisor Elect and worked closely with the appointed Town Supervisor in completing the transition, including being involved with the budget process in his current role as a board member. He took office on January 1, 2016. Ted Fafinski is a Retired Town Supervisor, (16 Years) and former Chairman of Board of Supervisors (7 Years). He spent 16 years in business and gave 22 years to military service. Since retiring Ted has been an Adjunct Faculty member at Finger Lakes Community College and a training and development specialist. He holds an MS degree in Human Resource Management & Development from Chapman University, Orange, CA, a BA degree in Business Management, Columbia College, and an Associate in Applied Science degree, Community College of the Air Force.

www.nysac.org 27

GUIDE TO ISSUES IMPACTING COUNTIES

What to Watch For in 2017: The Guide to Issues Impacting Counties By the NYSAC Legislative Team T h e N e w Yo r k S t a t e A s s o c i a t i o n o f C o u n t i e s (NYSAC) represents New York counties and their taxpayers before Federal, State and Local officials on matters germane to county governments. As such, the NYSAC legislative team is always advocating for county needs as they relate to state and federal legislation. Below are the legislative issues we are watching at the state and federal levels in the coming year. These are the issues that impact counties, our taxpayers, and our communities. NYSAC will be the voice of counties on these issues, and we encourage you to work with us as we advocate for county needs.

What to Watch for at the Federal Level Counties will be watching closely as the new President and Congress implement their agenda in the coming year. Several high profile proposals have been outlined that will directly impact county bottom lines. These proposals will provide challenges and opportunities.

Repeal of the Affordable Care Act (ACA) Counties in New York benefit from the ACA in a variety of ways. The ACA currently provides nearly $500 million annually in enhanced federal Medicaid support that directly lowers costs for counties. If the ACA continues without any changes these county savings are expected to exceed $600 million annually in a few years. Counties also benefit when more people are covered by health insurance – many counties have seen their health insurance uninsured rate cut by 60 % or more. This translates to fewer county public health care expenditures, lower social service costs, reduced public safety and emergency shelter costs, as well as helping to stabilize public health facilities that experience less bad debt and charity care with expanded health insurance coverage. The ACA also brought new costs for counties through expanded health insurance coverage requirements for employees and additional health insurance taxes, but these costs are considerably smaller than the fiscal benefits in other areas of the ACA for a typical county. Also some New York companies were impacted by higher taxes on their products and/or operations under the ACA, which could see some relief depending on how Congress addresses this issue as they contemplate the future of the ACA.

28 N YSAC News Fall 201 6

Family First Prevention Act New York counties objected to this federal legislation introduced last summer and passed by the House (with no formal committee review or floor debate). The proposed legislation is well intentioned in its goals to provide federal matching funds to states for preventive services to help ensure children and families never reach a point where their child must be placed into foster care. Unfortunately, the bill is completely underfunded to achieve its goals and the mechanism proposed to help cover some of the costs is primarily based on taking away current federal foster care funds from large states like New York and making those funds available to other states to provide prevention services. The bill also imposes strict maintenance of effort (MOE) requirements on states like New York that already have extensive preventive services programs in place, while taking away critical federal foster care funds and incentives to encourage and support adoptions. Based on estimates from the NYS Office of Children and Family Services, more than $200 million annually in federal funds could be lost, not including hundreds of millions of dollars in strict MOE requirements. Under New York State law most of the loss in federal funds would be placed on counties to backfill. Advocates have continued to try and attach this proposal to must pass legislation at the federal level. NYSAC continues to monitor this legislation to ensure New York counties are not unduly harmed by enactment of this legislation.

Child Care Development Block Grant Changes These changes have already been enacted by Congress and they require states to increase several administrative activities to monitor the quality and safety of child care services. They also expand the duration of federal child care assistance once eligibility is established, calling for 12 months of continuous coverage (today, counties check eligibility on a monthly basis). These expanded administrative responsibilities and continuous eligibility requirements are expected to cost New York more than $90 million, with a significant portion of this being recurring costs. However, the federal law changes only come with a fraction of the additional federal funding necessary to ensure states can meet these new requirements - while not losing critical daycare slots.

State Budget Process The vast majority of county priorities are determined in the annual State Budget process. This is due to the fact that most of the spending in a typical county budget is set aside to pay for state and federal programs (and their related statutory obligations and rules).

Federal Infrastructure Investment The incoming President has proposed a $1 trillion publicprivate investment in infrastructure over the next 10 years. While the parameters of that spending have not been outlined, they are expected to cover all manner of public infrastructure from roads and bridges, to airports, mass transit and rail, energy, water and sewer, and more. The need for rebuilding and improving the nation’s (and New York’s) public infrastructure is well documented. Counties in New York will look to partner with our federal representatives to ensure local public infrastructure is not overlooked and fully supported in this nationwide investment.

In recent years the Governor and State Legislature have limited the creation of new, or expansion of existing, state mandates on counties. Further, the state has enacted some important mandate relief for counties in the creation of a zero percent growth cap in the county contributions required to support the state Medicaid program (local spending is now capped at $7.5 billion annually), along with significant pension reforms.

GUIDE TO ISSUES IMPACTING COUNTIES

What to Watch For at the State Level

New York is currently operating under a temporary federal waiver to delay some of the new administrative costs. Counties will be watching closely as this waiver comes up for renewal and to ensure adequate federal funding is provided to support these federal changes.

Federal Tax Reform Congressional leaders and the new President have put federal tax reform at the top of their priority list. Some of these proposals could have a direct impact in counties, including proposals that would limit or eliminate the tax exempt status of local bonds. Various proposals have been floated in the current Congress that would eliminate or limit this status, which would raise borrowing costs for all local governments, potentially adding billions of dollars in higher borrowing costs for New York localities.

Expert Codification Services New & Revitalized Codes Code Analysis, Consultation & Updates Land Use & Planning Integration

Another key federal tax reform important to counties is the enactment of the Marketplace Fairness Act. This legislation passed the U.S. Senate a few years ago and it sought to create a uniform process for collecting sales tax on internet purchases. The goal of this legislation is to streamline the process to make it easier for vendors to collect and remit sales taxes due, and to even the playing field between “Main Street” brick and mortar retailers that employ people in our communities, and those retailers that primarily operate online. Other federal tax reforms could benefit selected industrial and business services sectors, including banking and high technology companies, which are key players in New York’s economy. Federal reforms that bolster nationwide economic growth can provide enhanced opportunities for New York counties and we will be watching closely and working with our federal partners as the debate unfolds.

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GUIDE TO ISSUES IMPACTING COUNTIES

Counties will keep an eye on the fact that year-to-date state tax collections are falling far short of those originally budgeted and how this is growing out-year budget gaps by billions of dollars. This does not bode well in regard to having the state increase appropriations to help lower county costs. However, the growing state fiscal challenges may spur the Governor and Legislature to fundamentally reform certain high cost programs. Such reforms can better position the state to implement the next phase of property tax relief where the state takes more fiscal responsibility for its own programs instead of relying on locally raised property taxes. Counties will be watching the release of the Governor’s Executive Budget Recommendation for clues to future spending requirements that counties might be expected to support. A proposed budget that takes bold action to reduce the cost of state mandates, and provides administrative flexibility to counties, would be optimal for local property tax payers and county budgets. A state budget proposal that outlines a “do no harm” strategy, while welcome, will prevent any significant opportunity for counties to lower costs for taxpayers. Anything else would have to be viewed as a step backward for counties and local taxpayers.

What to Watch For: NYSAC Priorities by Issue Area Below are the specific issues NYSAC will be watching and the positions we will be advocating on behalf of our county members. To work with NYSAC on advocacy or to learn more, visit www.nysac.org/advocacy.

Agriculture Increase support and funding available to counties to fight the rabies virus.

Fighting the rabies virus continues to be a struggle and financial burden for counties. NYSAC calls on the Governor to increase funding available to counties for rabies awareness, vaccination, and treatment. Support funding for Local Agriculture Assistance Programs.

The recent 2016/17 Budget included $30,915,000 in agricultural funding aid to localities. We support the continued funding of these local assistance programs because the agriculture industry remains a top contributor to the New York State economy. In addition, the industry provides critical jobs, revenues, and food for our state and others.

30 N YSAC News Fall 201 6

Children and Families Fully reimburse counties for outstanding Early Intervention (EI) claims that predate the Statewide Fiscal Agent.

Counties and the Department of Health have been working over the last couple of years to determine the amount of unreimbursed claims counties have pending with the state from the years prior to the enactment of the statewide fiscal agent. DOH and the counties are nearing the end of a long process to verify the dollar amounts in question. The initial work indicates that counties are likely owed what amounts to 15 % of one full year of claims owed to a typical county, or a total of about $30 million for all counties and New York City combined. We are urging the Division of Budget to provide sufficient funding in the coming financial plan to ensure these prior year claims can be paid in full as soon as practicable. Require EI provider claims to be timely filed with commercial insurance and Medicaid.

Counties remain concerned that providers of Early Intervention services have not been diligently pursuing Medicaid and third party insurance before submitting for reimbursement from counties. Many counties are reporting that their county costs are rising dramatically and it appears that falling Medicaid and stagnant third party insurance reimbursements are contributing to the problem. NYSAC supports efforts by the Governor to encourage EI providers exhaust efforts for timely reimbursement from Medicaid and third party insurance before seeking reimbursement from counties. Remove counties from the fiscal responsibility of preschool special education and related transportation costs. Improve transparency and accountability by the NYS Education Department in the preschool special education program.

Segregating the funding and administration of education services for four-year-old children with special needs from their peers, as is the current practice in New York, makes little sense when the federal government requires these children to be provided services within the least restrictive setting and to the greatest extent possible among their peers. Counties support merging the current preschool special education program with the Universal Prekindergarten Program to improve efficiency and consolidate these programs in one place and under one funding stream.

Support an increase in State FTE aid of $30 million in the 2017-18 state fiscal year, to fulfill the state promise to support one-third of the community college tuition costs.

Provide statutory clarification to the new chargeback methodology that says rates be set “up to” the maximum rate. NYSAC has supported SUNY efforts to provide more uniformity and transparency in how chargebacks are calculated, as well as a more equitable split between sponsor contributions per student and chargeback rates. However, the state continues to delay the implementation of this new methodology. We urge the state to implement this reform. We also seek clarification, in law, that the new chargeback methodology would allow chargeback rates to be set “up to” the maximum rate derived by the methodology. A recent interpretation from SUNY indicated that the maximum rate driven by the new chargeback methodology mandates the maximum be implemented, leaving no discretion to local schools or fiscal conditions. This new interpretation will cause imbalances, especially in regard to FIT chargebacks. FIT already has unique privileges in regard to being able to chargeback for advanced degrees and their tuition rates are more than 300 % of the average chargeback rate. Counties support clarifying language that the “up to” interpretation applies to FIT and other campuses.

Economic Development Deploy broadband grants to unserved and underserved communities across the state.

The 2015/16 Budget created the “New NY Broadband Program”. The Program created $500 million using capital funds from bank settlements to incentive the private sector to expand high-speed access to unserved and underserved areas. Highlights of the program include: Matching Private Sector Funds: Broadband providers seeking to use this funding must provide at least a 1:1 financial match Unprecedented broadband speeds. Broadband providers must provide internet speeds of 100 Mega bytes per second (mgps).

On August 3, 2016 the New NY Broadband Program announced awards of Phase I funding. The program funded 25 projects and awarded $54.2 million. Along with the awards of Phase I, included was the Application process for Phase II. Phase II will follow the same eligibility, requirements, and program design as Phase I. The service areas that received funding through Phase I are not eligible for Phase II and allows for $445.8 million to be distributed in the remaining rounds.

We encourage the state to continue its commitment and award the remaining $445.8 million to unserved and underserved areas.

Energy and the Environment Expedite and improve the interconnection process for connecting existing and new renewable energy projects to the electrical grid. Counties are facing two serious problems related to Renewable Energy Projects: 1. Delayed interconnection, including hydro projects that are already operating and generating electricity

GUIDE TO ISSUES IMPACTING COUNTIES

Community Colleges

2. Utility upgrade/infrastructure costs We have a total of 14 projects that are either awaiting interconnection or are on hold due to upgrade costs being too high and threatening the viability of the project. The serious delays in interconnection, and the high costs associated with utility upgrades are delaying these vital projects and causing local governments to lose confidence in renewable energy and deter participation in other NYSERDA programs and incentives. Establish a Paint Stewardship Program to reduce local taxpayer costs of collecting and disposing left over consumer paint.

County solid waste management facilities struggle financially with managing the nearly four million gallons of leftover paint that is generated annually in New York State. For this reason, NYSAC supports the implementation of a "Paint Stewardship Program” to manage leftover household paint. A paint stewardship program would provide mandate relief while increasing resident convenience by creating an industrymanaged paint collection network. Most leftover paint is currently disposed in the garbage despite the efforts of local governments, which spend millions of dollars annually to collect and manage a small fraction of this unwanted paint through the household hazardous waste collection programs. Continue to relieve local taxpayers from costs of e-waste disposal.

Counties continue to struggle with expenses related to managing and recycling electronic waste. The 2016/17 state budget included a one-time appropriation of $3 million for e-waste grants to help reduce the financial burden on counties and local governments. However, the funding is limited in scope and does not cover all costs counties and local governments face to manage e-waste.

www.nysac.org 31

GUIDE TO ISSUES IMPACTING COUNTIES

Reimbursement under this program is limited to direct costs paid to recyclers and does not include any indirect costs such as county employees to handle e-waste at their collection sites, labor for sorting, palletizing, wrapping, or loading e-waste into trailers. These expenses are not reimbursable through the grant program, but represent a huge expense. We urge the DOB to include sufficient funding in the 2017/2018 budget to fully relieve counties of this burden, and to expand the eligibility criteria to also include indirect costs as noted. Advocate for additional state aid and Environmental Facility Corporation (EFC) grants for drinking water and sewer infrastructure projects .

Nearly every New York community is facing high water infrastructure costs and, oftentimes, is spending scarce resources to repair their existing assets. Making the switch from paying only for repairs to paying for proper operations and maintenance is a necessary step if municipalities are going to get a handle on this growing problem, control costs and provide better value to ratepayers and the environment. Many municipalities have – or are attempting to – implement “asset management approaches” for their infrastructure, but capital investments are needed to leverage these efforts. We must begin to address our long-term problems with long-term solutions. The Department of Environmental Conservation (DEC) has identified over $36 billion in necessary wastewater infrastructure investments statewide over the next 20 years, and the Department of Health (DOH) has identified over $38 billion in drinking water infrastructure needs statewide over the next 20 years. NYSAC has been very vocal in requesting an additional $800 million in the 2017/18 state budget for water infrastructure needs. Promote the expansion of and access to Electric Vehicle (EV) charging stations throughout all counties in the state.

The popularity of Electric Vehicles and alternative fuel vehicles continues to grow, but the majority of counties only have between 5 and 50 total electric or plug-in hybrid vehicles registered countywide. Expenses associated with purchasing and installing charging stations for electric vehicles have been cost prohibitive. However, both the federal government and the state of New York have programs to help residents buy electric vehicles (EVs) and to help business owners and municipalities install charging stations. As of 2013, New York State provides an income tax credit for 50% of the cost, up to $5,000, for the purchase and installation of alternative fuel vehicle refueling and electric vehicle recharging stations. The credit is available through December 31, 2017, and is targeted at commercial and workplace charging stations. Today, there are 712 electric vehicle charging stations with a 32 N YSAC News Fall 201 6

combined total of 1,465 charging outlets statewide. NYSAC promotes the expansion of electric vehicles, the installation of additional charging stations and advocates for additional state funding to help counties achieve this goal. Promote river and lake water quality by meeting pollution reduction targets for nitrogen, phosphorus and sediment from waste water, storm water, and agricultural activities.

Excess nutrients and sediment degrade water quality. The main nutrient/pollutant sources are sewage, cattle manure, inorganic fertilizer and atmospheric nitrogen deposition (rain and snow). Most of the sediment comes from agriculture, stream bank erosion and construction. The New York State Department of Environmental Conservation (DEC), the New York State Department of Agriculture and Markets and the Upper Susquehanna coalition outline water quality improvement plans to implement strategies to reduce these pollutants, but efforts continue to fall short of achieving these goals. NYSAC has been working with the National Association of Counties (NACO) to promote water quality throughout the state and will continue to advocate for improved water quality.

Organics: Reduce, Donate and Recycle The New York State Department of Environmental Conservation (DEC) is developing a comprehensive program to reduce the quantity of food scrapes that are disposed of in landfills. The program aims to achieve this goal by increasing the amount of edible food donated to those in need and by promoting composting, anaerobic digestion (AD) and other organics management facilities, to spur green jobs and renewable energy and to reduce harmful methane gas emissions. Over the summer the DEC held regional food scrap legislation stakeholder meetings to solicit comments and feedback on this proposal as well as an early draft of potential legislation. NYSAC participated in these meetings. The legislation would require large food waste generators to donate edible food when possible and to divert food waste for recycling or energy recovery if located within 50 miles of a digester or composting facility. Although well intentioned, NYSAC is concerned that this proposal may negatively impact counties and raise costs for solid waste management. We are concerned that a solid waste facility accepting a load of waste may not know whether the load contains organics, and if a facility could be held liable for unknowingly accepting it? Another serious concern is the requirement to ship organics to a digester or composting facility located within 50 miles. A 100 mile round trip for a single load of waste is going to be expensive and time consuming for county employees.

County DMV Funding NYSAC will continue to push for equitable sharing between the state and the county for DMV funding. By fixing the current inequity of the state receiving 87.7% of DMV funds obtained through county work and county employees, a county would be in better fiscal shape allowing for increased services for county residents and/or provide needed property taxpayer relief.

Indigent Defense Reform In 2016 NYSAC maintained voicing that the law surrounding indigent legal defense is clear: Indigent Defense is a constitutional obligation of the state. All costs for this service should be paid for by the state. Additionally the system of criminal justice should be uniform throughout the state. Currently five counties provided increased indigent defense services, paid for by the state, due to the state settling the Hurrell-Harring lawsuit. The state needs to cover the cost of these increased services for the other 52 counties. Legislation S.8114/A.10706, sponsored by Senate Deputy Majority Leader John DeFrancisco and Assembly Member Pat Fahy accomplishes state fiscal takeover which provides county mandate relief and allows for a uniform and enhanced indigent defense system. Indigent Defense Costs Related to Eligibility Guidelines.

On April 4, 2016 guidelines issued by the Office of Indigent Legal Services called “Criteria and Procedures for Determining Assigned Counsel Eligibility.” These guidelines alter public defense eligibility standards for those accused of a crime in many ways, none perhaps more so than the standard doubling the take home income eligibility from 125% to 250% of the federal poverty level. NYSAC pushed for and achieved delay implementation of these until April 1, 2017 in order for this action to be in line with the state budget cycle. However more changes are still needed such as regional eligibility standards regarding poverty thresholds similar to minimum wage requirements taking into account the cost of living is vastly different throughout the state, as is the hourly wage of attorneys. Also any increases in costs to counties associated with these guidelines need to be met by the state.

Scaffold Law Reform NYSAC supports legislation that amends existing scaffold related laws; amendments which would help ease costs associated to county capital and construction expenses. By lowering these costs, counties could save money on some of their construction projects and construction costs would decrease in the private sector, stimulating local business project growth.

DA Salary Increases On April 1, 2016 the State legislature increased State judicial salaries for 2016 and 2018. Of concern to county government, is the state law that directs District Attorney salaries to judicial salaries. Historically, when the state has adjusted the judicial salaries, it has offset the increase to the DA salaries through the State Budget. Unfortunately, the 2016 enacted State Budget did not cover the recent increases. NYSAC along with the District Attorneys Association of the State of New York (DAASNY), requests the state to reimburse the counties for any increases associated with the recent state judicial salary increase.

GUIDE TO ISSUES IMPACTING COUNTIES

NYSAC will continue to track this draft legislation, advocate for county interests and work to ensure solid waste management costs are not increased.

Public Health and Mental Health Increase support for Article 6 programs by raising the base grant and increasing state reimbursement to local health departments.

Local health departments provide vital services to our communities and require adequate state funding to ensure continued access to these core public health services. NYSAC calls on the Governor to compensate counties for significant state funding cuts to local health departments since 2010 by taking the following steps in the Article 6 State Aid for General Public Health Work base grants and reimbursement rates: 1. Instruct the Division of Budget and NYSDOH to end administrative actions that will result in further erosion of state aid to local health departments; 2. Increase the base grant with 100% reimbursement of local expenditures on core public health services for partial service counties from $500,000 to $550,000; for full service counties from $650,000 to $750,000; and the per capita rate of the base grant from 65 cents per capita to $1.30 per capita; 3. Increase the State Aid reimbursement rate for local health department expenditures beyond the base grant from 36% to 38%; 4. Reimbursement for new state mandated activities required of Local Health Departments at 100%.

www.nysac.org 33

GUIDE TO ISSUES IMPACTING COUNTIES

Support Statewide Awareness of Lyme Disease and Other Tick-Borne Diseases Lyme Disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. There are more than a dozen tick-borne illnesses in the United States, in addition to Lyme Disease. One tick may carry more than one disease resulting in people receiving more than one "co-infection" from a single tick bite. NYSAC calls on the Governor and State Legislature to provide support and financial resources for statewide awareness on the threat of Lyme Disease, and other tick-borne diseases. Increase funding to support the treatment of county inmates with substance use disorders, mental health needs, HIV, and Hepatitis C

Local governments are responsible for the planning, development, implementation and oversight of the system of services for individuals with mental illness, substance use disorders and developmental disabilities. In order to identify and meet the service needs of people with developmental disabilities (as well as with mental illness and substance use disorders) local governments are required to conduct a comprehensive local services planning process which is reliant on both data and the input of local consumers, family members, advocates, service providers and state agency representatives. Counties face challenges accessing data from the Office of People With Developmental Disabilities (OPWDD). NSYAC calls on the Governor and OPWDD to develop a transparent process, share detailed information and collaborate with local governments to ensure that adequate services are funded and available for individuals with developmental disabilities who are transitioning from an institutional setting into the community.

Public Safety Rescuing 9-1-1: Develop a plan for Next Generation 9-1-1 capabilities by directing more funds to emergency communication dispatch centers and ensure the Public Safety Surcharge is collected on ALL devices capable of accessing 9-1-1.

The state-imposed public safety surcharge must be fundamentally altered to keep pace with changes in the cellular marketplace and to more fairly distribute the existing surcharge among users of the 911 system. New pricing options are being implemented by all major cellular providers that are migrating consumers away from annual contracts to prepaid plans where the public safety surcharge is not collected. Certain phone manufacturers are also moving to direct to consumer financing models that will eventually eliminate the attractiveness of annual contract 34 N YSAC News Fall 201 6

plans with cellular providers. Counties support imposing the $1.20 state surcharge on ALL devices capable of accessing 9-1-1, and extending the local $.30 surcharge to these devices as well. We also support allowing the eight counties that do not have a local $.30 surcharge the authority to do so via home rule. Create a New York State 9-1-1 Board that supports the county PSAPs and enhances local emergency dispatch services.

The state should provide coordinated leadership in the area of 9-1-1. A statewide body made up of state officials, local government county officials, law enforcement officials (sheriff, state troopers and other fire and safety), agency heads, professionals from private industry, and the public sector that could address these issues with a statewide point of view: The board should have representation from ALL stakeholder involved in 9-1-1 services. Secure resources for the creation, operation, expansion, and cooperative undertaking of local public safety answering points. Secure and direct the distribution of public safety surcharge funds and grants as needed. Create and maintain best practices databases for public safety answering-point operations. Assist public-safety answering points in implementing Next Generation 9-1-1. Provide a clearinghouse of contact information for all telephone companies operating in the state and contact information.

Video Conferenced Court Appearances for County Jail Inmates (County Sheriffs Association priority) Under current law, video conferencing of inmate arraignments or other court appearances is permitted in several counties, but is not practiced because the law requires the inmate to agree to such an appearance. Many counties have video conferencing systems which are not used for inmate court appearances, simply because inmates routinely chose to be transported to court rather than make an appearance by video conference. Expanded use of video conferencing for court appearances would save county taxpayer expense, make courtrooms safer, and avoid problems that can happen when inmates are transported to a courtroom. The applicable judge in the presiding court, and not the inmate, should make the determination as to whether video conferencing is appropriate for the particular court appearance.

Allow Counties to Provide Detainees With Pre-arraignment Hearings in Any Court in the County NYSAC supports providing all counties the option for their local correctional facility to detain persons under arrest and being held for arraignment in any court in their county. Currently, 21 counties have state authority for the detention of persons under arrest being held for arraignment in any court located in the county. The remaining 36 counties would like to have the option to provide detention for persons under arrest being held for arraignment in any court located in that county.

Amend and Modernize the Sex Offender Statute (NYS Sheriffs Association priority) Much of the work done in tracking sex offenders and ensuring the Sex Offender Registry has accurate information is carried out by sheriffs. But there are oversights within the law which allow sex offenders to manipulate the system. Coordination between local law enforcement and the Division of Criminal Justice Services with regards to sex offenders is still a paper process. The Sheriffs’ Association will be pursuing common sense amendments to the current law, as well as funding to modernize the Sex Offender Registry itself.

• NYSHIP is available to virtually all public employers across New York State

• Over 800 counties, cities, towns, villages, school districts and special districts participate in NYSHIP

• More than 1.2 million public employees, retirees and their families have health insurance through NYSHIP

A unique health insurance plan developed for New York’s public employees For additional information regarding The Empire Plan, www.nysac.org 35 public employers may visit our web site at www.cs.ny.gov or call the Employee Benefits Division of the New York State

GUIDE TO ISSUES IMPACTING COUNTIES

Address the Mental Health Crisis (NYS Sheriffs Association priority) A common refrain among sheriffs is that jails have become the destination of first resort for mentally ill individuals. With the closing of numerous state mental health hospitals, jails have become the de facto mental health provider for many people. A corrections setting is an inappropriate place for many of these individuals, many times there is simply no place else for them to get any type of care. The Sheriffs’ Association is committed to working with all the relevant stakeholders in this issue to find a way to help this population find the care they need outside of the jail setting.

Combat Contraband in Jails (NYS Sheriffs Association priority) Some of the greatest threats to inmate and corrections officer safety come from the introduction of contraband into the jail: drugs, cell phones, makeshift weaponry—all can be dangerous in a corrections environment. The Sheriffs’ Association will seek legislative approval authorizing the use of body scanners to examine inmates prior to their booking into the jail. Common searches often times do not reveal contraband hidden on (or in) an inmate. This technology has the potential to make jails much safer for both inmates and staff.

Probation The New York State Council of Probation Administrators (COPA) is a not-for-profit organization whose membership is composed of Probation Administrators (Probation Directors and Commissioners) and Deputy Directors for each of the 58 counties in New York State (the 5 counties in NYC are counted as one). COPA proposes and supports legislation that will improve the scope and effectiveness of probation throughout the state. Legislation/positions we currently support: 1. COPA supports the concept of raising the criminal age of responsibility in New York State, if the state develops a dedicated funding stream for funding 100% of juvenile services to County Probation Departments through DCJS/OPCA, not through the OCFS. 2. Eliminate the mandate that Pre-sentence Investigations (PSI) must be conducted when a sentence of up to one year in jail has been negotiated for a defendant before the court. This mandate was lifted in NYC only; it should be the practice in the entire state.

36 N YSAC News Win ter 201 7

3. Restoration of funding to NYS counties for Probation services. Probation is a mandated service and one of the top 10 departments that inflate county budgets. In 1990, the state paid counties 46.5% of the cost of probation; by 2016 the state support has dropped to 10%. Funding should be restored to at least 40% level of support. 4. Restore funding to IID Monitors that was previously granted by state and federal dollars to support public safety for the high risk DWI population. The Leandra’s Law statute, passed in 2010, dramatically increased Probation Department’s responsibility in the monitoring of Ignition Interlock Devices. In 2016, fiscal support for this program was reduced 50% by the state due to a loss of federal funding. 5. Eliminate the dual supervision of convicted DWI parolees by both Parole and Probation.

Transportation Design-Build Legislation Design–build is a common method used in the private construction industry to deliver a project in which the engineering design and construction services are contracted by a single entity. Especially in larger construction projects allowing local governments to use this method would reduce costs. The State of New York has recently passed legislation allowing for more Design–build options for state projects in order to reduce costs and streamline projects. Counties do not have this same flexibility under the law. It would be in the best interests of New York residents and taxpayers to allow local governments the same construction project flexibility as the state as counties are facing an increasing number of required infrastructure projects, including expensive projects such as bridge repair and replacement, and new jail construction.

To learn more about NYSAC's advocacy and issue priorities, visit www.nysac.org/advocacy

THANK YOU to our Excelsior and Associate partners. Your participation and support enables NYSAC to provide quality educational programs for our members.

EXCELSIOR American Promotional Events Tommy Glasgow 4511 Helton Drive Florence, AL 35630 Patrick Lillo KeyBanc Capital Markets 66 S. Pearl Street, 6th Floor Albany, NY 12207 Mark Romano NYSTEC 500 Avery Lane, Suite A Rome, NY 13441 Dan Ashby SolarCity 3055 Clearview Way San Mateo, CA 94402

Tom Silvious

Nick DeSantis

CSRA

PKF O'Connor Davies, LLP

150 Broadway, Suite #450W

500 Mamaroneck Avenue, Suite 301

Albany, NY 12204

Harrison, NY 10528

Jeff Harbaugh

David Warner

Enterprise Fleet Management

ProAct, Inc.

1550 Route 23 North

6333 Route 298, Suite 210,

Wayne, NJ 07470

East Syracuse, NY 13057

David Carroll

Barbara Cote

Envision Strategy, LLC

Relph Benefit Advisors

1010 Vermont Avenue, NW, Suite 510

400 WillowBrook Office Park, Suite 400

Washington, DC 20005

Fairport, NY 14450

James Delmonico

John R. Mineaux, Esq.

GovPilot

Roemer Wallens Gold & Mineaux, LLP

79 Hudson Street, Suite 503 Hoboken, NJ 07030 Edward K. Flynn Jefferies LLC

ASSOCIATE Garrett E. DeGraff, Esq. Barclay Damon, LLP 80 State Street, Albany, NY 12207 Peggy Ries Barton & Loguidice, D.P.C. 443 Electronics Parkway Liverpool, NY 13088 Matt Geitner C&S Companies 499 Col. Eileen Collins Blvd. Syracuse, NY 13212 John Howard CanaRx Group Inc. 235 Eugenie St., W, Suite 105D Windsor, ON N8X2X7

520 Madison Avenue New York, NY 10022 Michael Panichelli, P.E.

NYSAC EXCELSIOR & ASSOCIATE PARTNERS

Thank You 2016-2017 NYSAC Excelsior & Associate Partners

13 Columbia Circle, Albany, NY 12203 Ryan Frykholm Simmons Recovery Consulting, Inc. 3 Sunrise Lane, P.O. Box 1545 Bolton Landing, NY 12814

M.J. Engineering & Land Surveying, P.C.

Ken Pink

1533 Crescent Road

171 Sully's Trail, Suite 201

Clifton Park, NY 12065

Pittsford, NY 14534

Theresa Smith

Kathleen Backenson

Municipal Solutions, Inc.

Trane

83 Myrtle Street

301 Old Niskayuna Road, Suite 1

LeRoy, NY 14482

Latham, NY 12110

Mariella Frush

Nancy Clarke

PERMA

Transmission Developers, Inc.

9 Cornell Road

600 Broadway

Latham, NY 12110

Albany, NY 12207

Kelly Smaldone

Douglas Venesky

PFM Financial Services, LLC

Venesky & Company

One Corporate Drive, Suite 101

6114 Route 31

Bohemia, NY 11716

Cicero, NY 13039

The Bonadio Group

www.nysac.org 37

NY FIRST HOME PROPOSAL

NY First Home Proposal: Keeping New Yorkers in New York By Mike Kelly Director of Government Affairs, New York State Association of REALTORS®, Inc.

t’s no secret that individuals are leaving New York, and it is particularly evident in many Upstate communities. Adding to the dilemma is the fact that New York has the lowest state homeownership rate in the country at 51.5 % – the national homeownership rate is 63.7 %.1 [ U.S. Census; 2015 Homeownership Rates by State: https:// www.census.gov/housing/hvs/data/ann15ind.html ] This disconcerting statistic, coupled with recent data showing that nation-wide first-time home buyer rates were at their lowest since 1987, is not only problematic in the short term, but also raises some concerns for the future unless steps are taken to address the issue. The New York State Association of REALTORS® (NYSAR), a not-for-profit trade organization representing more than 52,000 of New York State’s real estate professionals, has focused on the issue of declining rates of first-time buyers and has proposed a program – which passed unanimously in the State Senate last June – to help New Yorkers save for a first home. The proposal, aptly named NY First Home, would be similar to the state’s existing 529 College Savings Program and would allow individuals and couples to deposit up to $10,000 per year into a tax-free savings account. New Yorkers could then take a state income tax deduction on the principal and apply the total savings and interest earned towards the purchase or construction of a first home in New York State.

earlier in life you can afford to buy, the more equity you build. Homeownership also provides indirect benefits to areas and neighborhoods. It has been linked to greater civic responsibility, stronger communities and better opportunities for the future. And as a main driver of consumer spending and steady revenue supply for municipalities, it is important to recognize the impact that a healthy housing market can have on our communities. As new first-time buyers enter the market and purchase a home, there is also an economic multiplier effect – more goods and home appliances are purchased, jobs are preserved and created through new home construction and existing home renovations, and increased revenue is created by the sale.

NY First Home tackles the main concern of many potential first home buyers, which is saving enough for a downpayment and closing costs. This has undoubtedly been a major contributing factor to the recent national decline and delay in first-time home buying. By addressing this financial hurdle, NY First Home provides a crucial incentive for individuals to stay in New York, put down roots, raise a family and invest in their community. NY First Home has the potential to help thousands of New Yorkers earn financial stability and achieve their dream of homeownership while also providing a boost to the economy.

The bottom line is that low homeownership rates hurt local economies, and we are seeing more New Yorkers being locked out of the American Dream of homeownership. Firsttime buyers face a variety of financial hurdles, including high student loan debt, rising cost of living and high down-payment and closing cost requirements. These factors, among others, are causing first-time home buyers to significantly delay their hopes and intentions to buy a home, which could result in serious financial hardships in the future due to that forgone home equity. NY First Home is a common-sense proposal that provides New Yorkers with a responsible method of saving, while improving their ability to afford a first home. Several states have already enacted similar state legislation, however New York would be the largest state to implement this kind of program if enacted. NYSAR will continue to work with the Governor and State lawmakers to enact NY First Home in 2017.

Here in the Empire State, and across the country, homeownership remains one of the greatest contributors to wealth creation for individuals and families – and the

Questions and inquiries can be directed to Mike Kelly, NYSAR Director of Government Affairs mkelly@nysar.com or 518-463-0300 ext. 215.

U.S. Census; 2015 Homeownership Rates by State: https://www.census.gov/housing/hvs/data/ann15ind.html

38 N YSAC News Win ter 201 7

COUNTY REVENUES, EXPENDITURES

Economy and Public Policies Impact County Revenues, Expenditures By Dave Lucas, NYSAC Director of Finance and Intergovernmental Relations

ounties provide hundreds of services to the public, including many that are directed by the state or federal government in addition to those demanded locally by taxpayers. The vast majority of county spending is for State and federal programs, and these are generally targeted toward ensuring there is a social safety net for those most in need and promoting the public health. Other “quality of life” initiatives that ensure local roads and communities are safe and secure, promote accessible culture and recreation, enhance public safety, and promote local economic development are provided at the discretion of counties with available resources.

Average County Per Capita Debt, 2000 to 2015 $700

$593

$600

$602

$460

$500

$325

$400 $300 $200 $100 $0

2000

2005

41.6%*

2010

28.8%*

2015

1.6%*

* Growth during period

This article is a summary of where counties get their revenue, what they spend their resources on, and their use of debt. The report provides general points of comparison for counties, including an average county’s revenues and expenditures. There are also highlights of expenditure and revenue trends between 2000 and 2015.

Total County Expenditures*, 2000 to 2015 $25,000,000,000

$18.2B

$20,000,000,000

$21.8B

$24.5B

$23.9B

$15,000,000,000

Debt

$10,000,000,000

Counties use debt to fund an array of public infrastructure assets, including roads and bridges, jails and 9-1-1 centers, and water and sewer systems. The lack of surplus funds has forced counties to increase their use of debt, from about $7.5 billion in 2000 to about $13.3 billion by the end of 2014. Despite this growth, counties are still well below their constitutional debt capacity.

$5,000,000,000 $0

2000

2005

19.5%¹ *Net of Sales Tax Sharing

2010

9.7%¹

¹% Change

2015

2.7%¹

Average County Per Capita Debt, 2000 to 2015 $700

$593

$600

Spring 2017 Magazine To advertise, contact Juanita Munguia at jmunguia@nysac.org

$325

$300 $200 $100 $0

Deadline: April 21 Submit articles of 750 words to mlavigne@nysac.org

$460

$500 $400

$602

2000

2005

41.6%*

2010

28.8%*

2015

1.6%*

* Growth during period

www.nysac.org 39

COUNTY REVENUES, EXPENDITURES

Revenue Sources Counties rely on a variety of revenue sources to fund their annual operations, with most of these revenues coming from four sources: property taxes, sale taxes, state reimbursement, and federal funding make up 65 % of total county revenues across the state. In the past 15 years, these revenues were impacted by the Great Recession and subsequent decisions by the state. At the same time, revenues from the federal government reimbursement rose, but have stabilized more recently.

County Revenue Sources - 2014

5.3%

7.3%

Debt

Other

9.2%

Transfers

21.5%

Property Tax

10.2%

Federal Reimb.

10.9%

State Reimb.

23.2%

9.3%

Sales Tax

Charges for Serv.

1.2%

Use & Sale of Prop.

1.9%

Charges to Other Govts.

Property Taxes & Related

Sales & Use Tax

Charges for Services

Charges to Other Govts.

Use & Sale of Property

State Reimbursement & Aid

Federal Reimbursement & Aid

Proceeds of Debt

Other Revenues

Transfers

Expenditures County Expenditures - 2014

2.2%

1.3%

In New York, county expenditures are heavily driven by state law under which county governments are required to administer and fund an array of state and federal programs. The major cost categories for counties include social services, general government projects, employee salaries and benefits, and public safety, which account for nearly 65 % of county expenses. County spending was highly correlated to increases in state-imposed mandates and also economic conditions that both increased demands for social services and curtailed revenue.

Cult. & Parks

13.9%

Econ. Dev.

Emp. Benefits

5.7%

9.3%

Debt

Transfers

14.3%

23.6%

Gen. Govt.

Social Services

7.0%

Transportation

6.5% Health

12.2%

Piblic Safety

4.3%

Education

Gen. Govt. & Misc.

Education

Public Safety

Health

Transportation

Social Services

Economic Dev.

Culture, Parks & Comm. Serv.

Employee Benefits

Debt Service

Transfers

40â&#x20AC;&#x192;â&#x20AC;&#x192;N YSAC News Win ter 201 7

There is also a brief discussion on aggregate county per capita expenditures and how they have changed over time. The data indicates that pre-Great Recession, spending (and revenues) per capita grew at a consistent rate, often to meet state and federal mandate requirements. However, since the first year of the recession, per capita spending has remained relatively flat with more than 40 % of counties spending less per capita in 2015 than they did in 2008.

Average County Per Capita Spending, 1996 to 2015

Counties are required under state law to administer and fund a large array of state and federal programs. For most of these programs counties are required to follow strict state rules about what services must be provided, including the amount and duration of benefits. It is also important to note that counties in most other states do not have to administer such a large number of state programs using locally raised tax revenues.

2190.436641

2500

2190.182951

2000

1500

1000

COUNTY REVENUES, EXPENDITURES

State Mandated Spending

500

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Counties have highlighted how * Shaded area represents Great Recession, December 2007 through June 2009 the costs of just 9 state mandates (of more than 40 NYSAC has identified) can add up when measured against the primary revenue source available to most counties—the property tax. The chart below provides an estimate of the impact state mandates can have on counties.

The Impact of Major State Mandates on Counties Mandate Base Year 2010

9 for 99

2011

2015

Medicaid**

$2,081,000,000

$2,135,000,000

$2,255,650,783

TANF - Family Assistance

$92,000,000

$91,000,000

Safety Net/TANF

$204,000,000

$215,000,000

$373,294,006

Child Welfare

$270,000,000

$291,832,200

Special Education Pre-K²

$193,900,000

$207,240,882

$250,744,099

Early Intervention¹

$60,000,000

$64,600,000

$75,708,792

Indigent Defense³

$133,812,147

$140,054,574

$164,391,331

Probation

$116,000,000

$123,200,000

$156,668,359

Youth Detention

$29,000,000

$31,000,000

$38,581,897

Pensions*

$461,978,835

$687,481,228

$1,162,903,116

Cost of 9 State Mandates

$3,641,690,982

$3,964,576,684

$4,769,774,583

Statewide Property Tax Levy (w/o NYC)4

$4,516,741,102

$4,528,799,053

$4,832,672,795

Cost of These Mandates in Comparison to County Tax Levy

81%

This article is an abridged version of NYSAC’s Report on the 2016 NYS County Revenues and Expenditures Aggregate Trends. Data from this report came from the Office of the State Comptroller and is available online at www.osc.state.ny.us/ localgov/datanstat/findata/ index_choice.htm. Analysis of the data was done by NYSAC staff and the categorization of revenues and expenditures into broad groups are the same as those used by the Comptroller.

99%

88%

* 5 year change - 2009-2013 - pension amounts paid by counties taken from

¹ The Early Intervention program switched to a prefunded statewide fiscal

Annual OSC CAFRs

agent model in late 2013 which lowered the growth rate to about 1%.

** 2% year over year growth as enacted in 2012-13 budget, 2013-14

² Preschool Special Education growth rates slowed dramatically in 2014-

growth equals 1%, 2014-15 and thereafter 0% growth under state growth cap

2015 and are expected to plateau in future years due to reforms

*** Actual Adopted Levies for 2010, 2011, 2012, 2013, 2014, 2015

³ Per NYS Comptroller and OILS 4

County Property Tax Levy (net of county special districts)

www.nysac.org 41

COUNSEL'S CORNER

Local Laws: Tow Trucks, Conflict Defenders, and Probation Fees By Patrick Cummings NYSAC Counsel

YSAC tracks and makes available local laws that have been passed by your fellow counties. Understanding what other counties are doing to address their local issues or needs can provide ideas for you to use in some variation in your county. Below are brief descriptions of unique and recently-passed local laws from member counties.

County Amends Local Law Regulating Car Towing Services On October 4, 2016 Rockland County enacted a local law amending existing automotive towing service regulations. The law’s intent is to safeguard residents’ public health and welfare as well as protect them from unsafe towing service practices. The local law’s focus is on regulating what is commonly referred to as “wreck chasing” and predatory towing service pricing. To achieve these protection goals the local law requires operational licenses for individuals seeking to provide towing service in the county. Each licensee applicant must submit trucks used for inspection by the County Director of Consumer Protection. In order to pass any inspection the tow truck must, at a minimum, have a working fire extinguisher, highway flares, safety chain, street broom, shovel, and a minimum of 50 feet of cable that can handle at least 3700 lbs. Additionally, each tow truck operator must provide proof of appropriate insurance coverage for operations. For consumer protection purposes, the local law sets service charging rate caps based on the weight of the towed vehicle and based on the time and date of the tow (nights, weekends and designated holidays allow for a higher capped rates). Additional service rate caps include charges for storage.

42 N YSAC News Win ter 201 7

If certain provisions of this local law are violated the penalty could result in fines between $500.00 and $1000.00 and/or could constitute a Class A misdemeanor not to exceed 6 months imprisonment.

Livingston County Passes Local Law Creating a County Conflict Defender On October 21, 2016 Livingston County adopted a local law establishing a Conflict Defender and a Conflict Defender’s Office to help further provide legal representation to indigent persons. All counties in New York are required by the state to provide and pay for the criminal defense counsel for those that cannot afford this service themselves. Counties throughout New York have different systems when providing indigent defense services, many opting to use a Public Defender’s Office. Other counties use private assigned counsel programs (known as 18b service) and some counties use a combination of the two systems. Even with these systems in place, counties face difficulties providing counsel in family or criminal court when the Public Defender and the pool of 18b attorneys have a conflict of interest with the client. Conflicts are common and can occur multiple ways including when an attorney has previously represented a client whose interests differ from the current client seeking counsel. Managing how to provide counsel when a conflict occurs while attempting to minimize costs is a challenge for any county. Based on a county’s size, need and demographics, the solution to this issue differs. Many counties have adopted a Conflict Defender Office to address this need. Other counties opt to contract out conflicts to organizations such as Legal Aid and some counties, when possible, seek to expand their 18b pool. Livingston County’s solution was through this local law, creating a Conflict Defender’s

Counsel’s Corner Office to handle matters when their Public Defender and 18b attorneys are conflicted out. Under the local law the Conflict Defender is appointed by the County Board for a term of four years. To qualify for the position the Attorney must have practiced law for a minimum of five years and practiced for a minimum of three years in Family or Criminal Court. The Conflict Defender must be a resident of the county during their term and cannot hold any other public or political office. Then Conflict Defender is granted the power to appoint, supervise, discipline and remove assistant conflict defenders. Subject to the authorization of the Board of Supervisors the Conflict Defender may also appoint as many clerks, investigators, and other employees as deemed necessary.

Fulton County Enacts Local Law Placing a Fee on DWI Offenders Sentence to Probation On October 13, 2016 Fulton County passed a local law charging a fee to individuals in their county sentenced to probation based on DWI offensives. The probation department administration fee is set at $30.00 per month and, as stated in the law, the fee cannot be imposed as a condition of probation. Additionally, the County Probation Director is granted the authority to waive in-part or in-whole this fee when “because of the indigence of the offender, the payment of said fee would impose an unreasonable hardship on the person convicted, or on his or her immediate family, or on any other person who is dependent upon such person for financial support.” Under the local law, money collected shall be utilized to further probation services by the county probation department and shall not be used to replace state or federal funding that is used for probation services.

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