NYSAC News: Spring/Summer 2014

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NEW YORK STATE ASSOCIATION OF COUNTIES

Volume 35, Issue 2  |  Spring/Summer 2014



President’s Page NYSAC OFFICERS Mr. Mark R. Alger, Steuben County President Hon. Anthony J. Picente, Oneida County President-Elect

From the NYSAC President, Mark R. Alger

Hon. Randall Douglas, Essex County First Vice President Hon. Maggie Brooks, Monroe County Second Vice President Hon. Thomas J. Santulli, Chemung County Past President

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

I

n January, Governor Andrew Cuomo presented a State of the State that challenged local governments. Three months later, the State Legislature enacted a property tax freeze/rebate program that politically requires

counties, local governments and school districts to share services, merge functional operations, and reduce costs through efficiency plans that will demonstrate savings in the out years.

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

For my home county of Steuben, this will be no small challenge. And I know

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

implemented workforce reductions, cut programs, and sold assets to balance

Hon. Joanie Mahoney, Onondaga County www.ongov.net Hon. Edward P. Mangano, Nassau County www.nassaucountyny.gov Hon. Christopher Moss, Chemung County www.chemungcounty.com

we are not alone. In the past five years, counties across the state have their budgets. At the same time, counties statewide have seen a $350 million annual reduction in reimbursement from the state, lower sales tax revenues and an increasing demand for human services. Recognizing the renewed focus on shared services and these recent restrictions on resources, the Association has been working to build resources to help counties work with cities, towns, villages and schools to demonstrate

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

savings at the local level.

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

In the past several months we have been working with the Conference of

Mr. Richard M. Tobe, Erie County www2.erie.gov

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

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

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

Mayors, the Association of Towns, and the School Boards Association to assemble models of efficiency and develop ways to collectively support the efforts of our members. Together, we have created the Municipal Innovative Exchange (THE MIX), which will include a series of summits, social media outlets and other avenues to facilitate the sharing of good ideas across local levels of government all over the state. There is no question about it, the past five years have been challenging for counties and local governments. Your NYSAC is working hard to provide timely information, consultation, support and advice that counties will need to address and overcome the challenges ahead. I hope that you will take advantage of your Association’s services. Best Wishes for a productive and enjoyable spring.

www.nysac.org  3


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

From the Executive Director, Stephen J. Acquario

The Power of Positivity

Karen Catalfamo Office/Financial Manager Nicole Correia Communication Coordinator Patrick Cummings, Esq. Assistant Counsel Jackie Dederick Records Manager Mark LaVigne Deputy Director Dave Lucas Director of Finance & Intergovernmental Affairs Patricia Milkiewicz Executive Assistant

A

t last year’s NYSAC Fall Seminar, Clark County (Las Vegas) Coroner Mike Murphy expounded on the virtue of positivity when he talked about dealing with the budget cuts his department faced. As if dealing

with all the deaths (suicides and overdoses) in Las Vegas isn’t challenging enough, he also had to lead a department facing a 30% reduction in resources. His tact, and his advice, was to stay positive and keep focused on what is most important. This advice could not be more appropriate for New York’s counties. We must face the challenges that we confront with positivity and remain focused on what’s important. New York is worth saving. What are the challenges? As community leaders, our challenges are to serve the public, locally. Not in Washington, not in Albany, but on our own Main Street. Our challenges are to serve the people across this great state who entrust us to allocate local tax revenue on behalf of the public at large.

Juanita Munguia Marketing Specialist Jeanette Stanziano Director of Education & Training Tammy Thomas Communication Assistant Receptionist Katy Vescio Deputy Director of Governmental Relations Shawn Voland Legislative / Office Clerk

Yet, performing this entrusted function with restricted local revenues, rising costs of state mandated programs financed with local resources, a lack of substantial job growth, cuts in local community-based programs, reductions in staff, etc. is making our job difficult. But not impossible. Sacrifices will be made when needed. We will continue to modernize our governments and partner with the state. We will continue to work collaboratively with other local governments and schools. A rising tide floats all boats, and by working together we can rise the tide, improve the economy, and address any challenge thrown our way. Where do we need to be? And why did we get involved in county government? These are the questions we must remind ourselves of each and every day. Keep the chin up and the shoulders broad and continue to make a difference for our residents. I am proud of the work that we do on behalf of the public, and I appreciate the opportunity to work with and for so many public servants who are committed to making their community a better place to live, work, and raise a family.

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NEW YORK STATE ASSOCIATION OF COUNTIES

PUB L IS H ED 3 TIMES A YEAR Build a Better

President • Mark Alger Publisher • Stephen J. Acquario Managing Editor • Mark F. LaVigne Editor • Nicole Correia

Business Climate

Staff Writers • Nicole Correia, Patrick Cummings, Mark F. LaVigne, Dave Lucas, KatyVescio Advertising Staff • Juanita Munguia NYSAC’s mission is to represent, educate, advocate for, and serve member counties at the federal and state levels. Published three times a year by the New York State Association of Counties (NYSAC) the NYSAC News is the official publication of NYSAC, a non-profit, municipal association serving the 57 counties of New York State and the City of New York with its five boroughs for over 80 years. NYSAC’s mission is to represent, educate and advocate for member counties at the federal and state levels.

NYSAC NEWS MAGAZINE 540 Broadway, 5 Floor, Albany, New York 12207 Phone • (518) 465-1473 Fax • (518) 465-0506 th

Send submissions to mlavigne@nysac.org. Submissions should be 750 to 1,000 words and include a high resolution photo of the author­. All submissions­are subject to editing for clarity, content and/or length. The advertisments and articles in NYSAC News in no way imply support or endorsement­by NYSAC for any of the products, services or messages conveyed herein. 2014© New York State Association of Counties

An Agenda for New York’s Future n Protect

New York’s assets by adequately funding critical infrastructure needs: Make capital investments exempt from the property tax cap; allow use of pension funds to support infrastructure improvements

n Support

NY Works and job creation: Pass mandate relief measures that will free up funds for public works and put New Yorkers back to work

n Implement

Public-Private Partnerships (P3s) and Design-build: Accelerate infrastructure projects, leverage public dollars and reduce costs

n Extend

Qualifications-Based Selection (QBS): Allow public authorities and public benefit corporations to use QBS to achieve higher quality design and lower project life-cycle costs

n Deliver

infrastructure projects cost effectively: Increase use of private design firms

n Indemnify

design professionals: Ensure that design professionals are responsible only for the work they perform

Is your engineering firm a member? www.acecny.org


Table of Contents Spring/Summer 2014

Cover Image • Celebrating July 4th at Buffalo City Hall Photo by Jim Bush, Courtesy of Visit Buffalo Niagara

NYSAC News •  Volume 35, Issue 2

13

NYSAC Informs with e-news publications: NYSAC Weekly Wire Emailed every Friday during the Legislative Session. Highlights county-related issues and activities 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

15

Market!

Advertise with NYSAC

16 17

38

19

40

Monroe County Municipalities Continue Long Tradition of Sharing Services Niagara County: Adopting a Public-Private Partnership for Police Training Populating the Municipal Innovation Exchange

20 22

Fresh Start Job Fair: Developed for the Unemployed Ex-Offender

24

Putting Safety First: Crude Oil Transport, Heating, and Storage

25

Housing Affordability: A Growing Challenge All Across NY

27

Age Friendly Communities: What It Means for Your County

Contact NYSAC Marketing Specialist Juanita Munguia at 518-465-1473 or

The Casinos are Coming! Charting the Regulatory Landscape of Casino Placement in NY

34 36

The Expectations - and the Realities - of Shared Services

The Vital Role of Counties in the Fight Against Heroin

Target Your

30

The Property Tax Freeze: Limitations and Opportunities

28

What about 2-1-1 ?

Cornell Cooperative Extension’s Disaster Education Network Stands Ready to Assist Recreational Liability: Summer Camp Risk Management Erie County: Industry, Culture, Architecture, and Revitalization

41

A City Rises Again: The Preservation Movement in Buffalo

42

NYSAC Goes Renewable: Connecting Counties with Solar Energy

43

Summertime: County Fair Season in New York State

45

Affiliate Focus: The Office of Clerk to the County Legislature

48

Counsel’s Corner: Local Laws

NYSID and Counties Work Together to Employ New Yorkers with Disabilities

jmunguia@nysac.org www.nysac.org  11


Making a difference

all over New York State. “We have enjoyed a great relationship with NYMIR over the past many years. Their concern, interest and courtesy are greatly appreciated and we remain thankful for the coverage provided to us and hundreds of other municipalities.”

NYmir CouNtY NYmir CitY NYmir towN NYmir viLLage

robert bLaiS, maYor of Lake george

“During the 2006 floods that ravaged the Southern Tier, NYMIR covered our claims and provided a level of service that we expect from a municipally-owned insurance program, and that’s why we are a Subscriber.” DaLe weStoN, Chair of tioga CouNtY LegiSLature

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The Property Tax Freeze: Limitations and Opportunities By Dave Lucas NYSAC Director of Finance and Intergovernmental Affairs

T

he Governor’s Executive Budget envisioned a combination of proposals intended to provide permanent property tax relief to homeowners. The first step was to create a temporary two-year state financed tax rebate program that would essentially reimburse a homeowner for any increase in their property tax bill for two years, if certain conditions were met by the municipality they lived in. This temporary proposal was to be replaced with a permanent statewide program to reduce property taxes for residential homeowners based on their ability to pay. The goal was to deliver $1 billion annually in property tax relief on a permanent basis.

Property Tax Freeze: The Details The enacted property tax freeze does the following:

• Year One –The state will provide rebate checks to STAReligible properties with qualifying incomes of $500,000 or less, as long as the municipality stays within the 2 percent property tax cap. • Year Two – The tax cap must be maintained, and a shared services or government efficiency plan must be submitted by the local governments, as follows:

County officials quickly noted that the proposal was overly complex, not transparent, did not treat all property taxpayers fairly and did little to address the underlying problem with high property taxes in New York: the State requirement that counties and other local governments not only administer, but also finance, a wide variety of state programs. Local governments in other states are not required to pay for these programs with local taxes.

o Shared services and government efficiency plans must demonstrate savings of 1 percent of the combined 2014 levy of participating municipalities in each year: 2017, 2018, and 2019.

The complexity of the original proposal made it nearly impossible for a homeowner to understand. The State agency responsible for administering the property tax freeze/rebate could not fully explain to the Legislature how the proposal would work. This left state legislators little recourse but to declare the proposal a “nightmare” and move on to something different…sort of.

o Government efficiency/shared services proposals can be coordinated by any local government within a county. (The county is not required to be lead, but is expected to.)

Ultimately, the Legislature simplified the proposal, made it easier for taxpayers to qualify for a rebate, and recognized that local governments were already implementing many shared services and government efficiency programs to help improve services for taxpayers while reducing cost pressures. Unfortunately, the proposal is still complex and very few homeowners will understand how much of a rebate they are eligible for, if any. Also, while the shared service/government efficiency provisions were made less burdensome, they will still create potentially large bureaucracies that will continue long after the temporary program ends. The final bill provides no permanent property tax relief (which may be a good thing, as a simpler and fairer approach to property tax relief can be revisited in the near future).

o Any municipality can submit an individual plan that meets these objectives (rather than participating through a consortium of municipalities).

o No authority is granted to the state to withhold state reimbursement due to municipalities for failure to meet savings targets (withholding state funds was proposed by the Governor). • New language was added that requires the state to consider past shared services arrangements or government efficiency programs to be applicable in demonstrating the targeted 1 percent savings. • A tax rebate will be payable to a homeowner even if a municipality holds their tax levy flat or cuts their taxes. Under the original proposal no rebate was allowed in these circumstances.

Continued on page 14

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Continued from page 13 Continued from page 13

The Unknowns

Looking Forward

Many of the exclusions to the property tax rebate

The fact that this is a temporary program provides

as originally proposed by the Governor remain,

an opportunity to find a better way to implement

which makes it likely that a typical homeowner will

permanent and meaningful property tax relief. It is

still have a difficult time figuring out their eligibility.

a good thing that the Governor and Legislature are

For example, any property tax bill increase due to

focusing more intently on the high level of property

a physical improvement, the loss of a property tax

taxes in New York – this focus can lead to better

exemption, or a reassessment will disqualify the

outcomes for taxpayers.

homeowner from a rebate.

Counties will continue to pursue government

For local government officials, the definition

reforms and efficiencies that improve service

of acceptable shared services or government

delivery and reduce cost pressures for tax payers.

efficiencies is unknown. It’s also unknown how far

From a county perspective we believe a simpler

back in time existing shared services initiatives

solution is available to provide permanent and

will be recognized for purposes of demonstrating

meaningful property tax reduction ­— if counties

1 percent in savings.

are not required to spend money to pay for a state service, then local property taxes can be reduced.

14  N YSAC News Sprin g /S um m er 201 4


The Expectations- and the Realitiesof Shared Services By Mildred Warner Professor, Department of City and Regional Planning, Cornell University

G

ov. Andrew Cuomo’s property

drop with sharing. Services that offer the greatest potential for cost savings from sharing

tax freeze proposal assumes

are back office services, such as information technology and joint purchasing. Statewide

the cause of high local

purchasing contracts and state investment in the upfront costs of new equipment and

property taxes in New York is high

operating systems could go a long way toward helping local governments reduce their costs.

local government spending — hence his proposal to freeze taxes, and force local governments to consolidate and share services. The proposal, however, misses the mark. This high level of local government spending is largely driven by mandates from the state. New York is the fifth most decentralized state in terms of government expenditures, with local governments picking up 64 percent of state and local spending, according to the U.S. Census of Government Data. That figure is only

Service sharing is already widely practiced, so room for more sharing is limited. A 2013 survey of all local governments in New York found on average 27 percent of services are provided via sharing arrangements. State rules restrict service sharing between local governments and other entities like fire and school districts. Liability, accountability concerns and state restrictions were the three most commonly listed obstacles to service sharing by municipalities responding to the 2013 survey. Service sharing is simply not the panacea that the Governor suggests. A 2013 Cornell survey found that even where municipalities shared services, cost savings were achieved only half the time. And the savings occurs only in certain areas — roads and highways, police, solid waste, libraries and water. New York needs government reform. But a partnership with the state is critical, and it needs to be based on solid research. The research clearly shows that the state pushes more of the costs of government onto municipalities than neighboring states do, and that local governments are already sharing services a great deal.

about 50 percent in neighboring states. In the spring, Cornell’s Community and Regional Development Institute hosted a conference This creates a huge fiscal burden for local

on “Creative Responses to Fiscal Stress.” Profiling the cities of Buffalo, Rochester, Syracuse

governments.

and Utica, we found that local government spending was flat and property taxes were

The Governor sees service sharing as an important way to save money. But research shows that service sharing

dropping even before the state imposed a tax cap. The only expenditures that are rising are state-mandated local expenditures, but state aid to local governments has dropped in real terms since the Great Recession.

is of limited reach in addressing cost

Local governments cannot solve this problem on their own. The state must step up to its

reductions. This is for several reasons:

obligation to fund critical services the citizens of New York require. The Governor’s original

Economies of scale in service delivery are limited. Most local government services

reform proposal had three parts: tax cap, tax rebates for homeowners and mandate relief. Of these three, mandate relief would go the furthest to reduce the property tax burden.

are labor intensive so per unit costs do not

www.nysac.org  15


Monroe County Municipalities Continue Long Tradition of Sharing Services

By Richard Yolevich Monroe County Legislator

L

ong before Governor Andrew Cuomo began his campaign encouraging municipalities to work together to save taxpayers money, shared services were a way of life for the Town of Parma. Located on the western edge of Monroe County, the Town of Parma works with the Village of Hilton, the Hilton Central School District and the Hilton Fire Department to continue their history of collaboration as partners in government. While it can be complex to bring four different public entities together, Parma Town Supervisor Jim Smith explains that they are in constant communication with each other, which leads to conversations about ways to share services, cut costs, and find anything they can do to save the taxpayers money.

Raising a Salt Barn, Together As most New Yorkers know, with snow and icy conditions roads are often quite dangerous during the winter, and local government highway departments use road salt to melt ice and make travelling safer for our residents. As a result of this, salt needs to be stored. For the last 30 years, the town and the village maintained separate salt barns and the school district didn’t have one at all. These barns were outdated and small and the four municipalities recognized the need for an update, acknowledging that if they worked together, a new facility could be built to meet everyone’s needs for a fraction of the cost. The Fire Department had land where the facility could be built. Together, the Town, Village, School District 16  N YSAC News Sprin g /S um m er 201 4

and Fire Department pitched their proposal to the state, who agreed that it was a great idea; but, unfortunately, there was no state money available for the project. Between 2009 and 2013 the four entities shared the cost of planning, supplies and labor. They tied their contributions to the ratio of salt use and split the cost fairly. Whenever possible the partners refrained from using contractors, instead sharing the labor between the Town and Village Highway Departments. This alone saved an estimated $250,000 in taxpayer money. The new salt barn was completed in October 2013, just in time for one of the worst winters ever seen in Monroe County. It can hold 6,000 tons of salt and meets the needs of all four entities. The total cost was approximately $700,000, saving over $300,000. If each municipality had built a separate barn, the costs would have been significantly higher.

Next: Building a Shared Fueling Station The same can be said for another project that is still ongoing. All four entities needed a new fueling station for their buses, plows, trucks and fire equipment, because the facilities were in desperate need of an update. Instead of building separate stations, however, the municipalities agreed to share a new one, which will meet all of their needs but defray the costs to a more manageable level. The Hilton School District, which uses the majority of the fuel, has borne the brunt of the cost, but will collect an administrative fee for every gallon of fuel used by the other three entities.

A History and a Future of Collaboration These projects are just the most recent examples of a history of collaboration between the four groups. The fire district itself is a result of the consolidation between the Town Fire Department and the Village Fire District. There is a Hilton-Parma Recreation Department, which combined in the early 1980’s - it is administered by the town and uses a village building. The Town, Village, School District, and Fire Department also worked together to build the Jennejahn Lodge and each of these partners share parking lots, bathrooms, sports fields and other facilities. When new situations arise, there is a mutual understanding the municipalities will tackle them together. “There’s so much [sharing] that goes on here day to day that we don’t even think anything of it – it’s automatic,” said Hilton Mayor Joseph Lee. The precedent is there and the personal connections are already there. Village Superintendent of Public Works Mike McHenry says that in this small community, many of his colleagues are friends: they went to school together, they go hunting and fishing together, and their families know each other. As for the future, the new shared fueling station will be completed in July, and it will serve the Town, Village, School District and Fire Department. After its completion, all four entities suggest they will take a breather before starting any big new projects, but their leaders consistently meet to discuss issues and potential solutions. This cooperation has been happening for decades and will certainly continue into the future.


Niagara County: Adopting a Public-Private Partnership for Police Training

T

o hire a police officer in New York State, most sheriff’s offices and police departments conduct a civil service test followed by interviews with candidates who were successful testtakers. Following the interview, which may last only 30 minutes, an extensive background check is performed and a new officer is chosen. That new officer is hired and attends the next police academy for 22 weeks. An officer is paid full wages and benefits during both the academy and a field training program that begins after the academy and can last up to an additional 12 weeks. An agency must wait nearly 35 weeks while a recruit is trained and certified. At times, a police agency may have an opening, but an academy might not be scheduled to start for several months. This delay forces the police agency to be understaffed as it waits for an academy to begin. Why is it done this way? Because it always has been! The Niagara County Law Enforcement Academy dates back to the early 1970’s. For more than 40 years, the procedure followed was as outlined above. Long periods of time when vacated positions remained unfilled, leading to overtime and fatigued staff were not unusual. It was also

By Sheriff James R. Voutour Niagara County

found that the on-the-job performance of some recruits who were impressive interviewees and academy participants did not measure up once they entered the regular work force. Unfortunately, these underachievers were constants for the next 20 to 30 years. There were also instances where, after paying salaries of police officers for many weeks during the academy, some failed to successfully complete the academy and others would leave upon graduation for a department other than the one that had been paying for the recruit. It was time for change. It was time for action.

Finding a Better Way to Train In 2010, the Niagara County Sheriff’s Office approached administrators at Niagara University in Lewiston, New York to discuss a better method of recruiting and training police officers. Niagara University is a private, Catholic university with approximately 4,000 students. The University offers more than 80 academic majors and nearly 60 minors with a strong criminal justice program. Boasting 15 Division I NCAA-sanctioned athletic teams, the college offers world-class athletic and training facilities, as well. Discussions quickly revealed the ingredients were present for a public-private partnership with vast potential. The Niagara County Sheriff’s Office was seeking a platform to attract prospective police candidates to enroll in a “pre-service” police academy. The strategy was to draw potential candidates to enroll in this new academy, at their cost, to begin forming a “pool” of trained recruits. Niagara University was pursuing innovative methods to entice new students to its campus. A perfect marriage was about to spring to life.

Establishing the Pre-Service Law Enforcement Academy The Niagara County Sheriff’s Office, Niagara University and the New York State Division of Criminal Justice Services worked together to develop the Niagara County Pre-Service Law Enforcement Academy on the campus of Niagara University. A curriculum, known as phase one of the New York State standards for police officer certification, was formulated. Niagara University reviewed the course work and created a full semester of college credit for completion of the academy. Students enroll in the University program after the academy conducts a complete background check and physical fitness evaluation. Each candidate is pre-screened to ensure that he or she is able to obtain employment in the law enforcement field before being accepted into the academy. Continued on page 18 www.nysac.org  17


Continued from page 17

Once a candidate has passed academic and character evaluations with both the University and the law enforcement academy, a letter of acceptance is granted and the student begins either a full-time academy or a part-time academy, depending on the candidate’s other college work load. The students receive the same law enforcement training as a hired police officer with the exception of a few classes, such as firearms and homeland security. Once a pre-service recruit is hired, the remaining classes can be completed within a week. At the same time, the students are earning undergraduate credit toward a bachelor’s degree in criminal justice. Each academy instructor is a New York State certified police instructor and most are currently police officers in the Niagara County area. The instructors in the police academy are paid by Niagara University as college instructors. The Niagara County Sheriff’s Office and the Niagara Falls Police Department each fund a full-time academy co-director to run the day-today operations of the academy and monitor compliance with New York State standards.

A Successful Public-Private Partnership The benefits of this public-private partnership are enormous. The police agencies in the Greater Niagara area are now able to hire trained police officers to fill their vacancies very quickly. After three years of the partnership, local agencies, including the Sheriff’s Office, are finding that several candidates on their civil service list have enrolled and graduated from the academy. The savings of hiring a trained officer can be as much as $100,000 per hire. The police agencies are also able to obtain the benefits of a 22-week interview instead of a 30-minute interview. Local agencies are now actually competing to obtain the best and the brightest of the academy graduates! Niagara University has increased enrollment as well as revenue and has found a captive audience to recruit into its criminal justice master’s degree program. The University was pleasantly surprised to find several officers, including this writer, enrolled in the master’s program as well. Finally, the University has also found a new sense of security. Having trained law enforcement officers on the campus at all times provides a safe environment for students and staff. Since the partnership began, the academy has attracted several large-scale training seminars for law enforcement, including multiple high-profile trainings from around the country. The academy also provides free training for campus safety officers and security forces at the Niagara Power Project, New York State’s largest electricity producer which is located immediately adjacent to the campus. There’s an old saying, “If it ain’t broke, don’t fix it.” It was broken. A new public-private alliance fixed it.

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Populating the Municipal Innovation Exchange By Mark LaVigne NYSAC Deputy Director

H

ow do we make New York a better place to live, work and raise a family? That’s a question we ask ourselves every day. And nothing energizes and motivates me more than hearing a good story about someone making a difference at the local government level in New York. We spend a lot of time and energy identifying the challenges we face at the county level, and the barriers and shortcomings of laws, policies and mandates that restrict our ability to make a difference. But we don’t seem to spend the same about of energy talking about the innovations, efficiencies and good government programs going on at the local level across the state. At NYSAC, we’ve seen that change over the course of the past year. Last summer, we facilitated a series of local government innovation forums coordinated by Ulster County Executive Mike Hein and his PAYGo New York initiative. Dave Lucas (NYSAC’s Director of Finance and Intergovernmental Affairs) and I each took turns facilitating the roundtable discussions that were designed to generate ideas, success factors and barriers to local government innovation and collaboration. That’s when we learned that Erie County is working with Buffalo, Lackawanna, and Tonawanda to transform blighted properties in their communities. With startup funding from Erie County and additional funding from the New York State Attorney General’s office, as part of a federal banking settlement, dozens of properties in a number of abandoned neighborhoods will be turned around.

At about the same time, Cornell University published the results of their second survey on local government shared services in New York State. That’s when we learned that shared services are neither new, nor few and far between. In fact, local governments across the state have been effectively sharing services and consolidating functions or departments for decades. Late last year, NYSAC began working with the Conference of Mayors, the Association of Towns and the School Boards Association on the Municipal Innovation Exchange, as a way to expand the knowledge and access to these good stories. We also began asking our members what they are doing to become more efficient and effective at the local level. The responses have been inspiring. Ulster County is working with their Community College and the Kingston School District to develop the S.T.R.I.V.E. (Shared Taxpayer Relief through Innovative Visions in Education) Project, which improves access to higher education, places surplus county buildings back on the tax rolls, repurposes an elementary school, and provides a single point of access to Ulster County’s health and human services. Orleans and Genesee counties are sharing a public health commissioner, and public health services. Dutchess and Ulster counties are sharing public defense services. Westchester County is providing EAP services to Putnam County employees (in addition to their own, and those of other nearby municipalities). Nassau County is looking to offer piggy backing opportunities to local governments who purchase common items such as paper goods, stationery, sodium hypochlorite, salt, sand, tires and increase our receivables for all recyclables including brass, sheet metal, plastics and rubber. These examples are just the tip of the iceberg. We have hundreds of other examples of programs that span levels of government in regions all across this great state. Now we are working with our municipal association partners to make those examples readily available and useable to all local government officials.

www.nysac.org  19


The Vital Role of Counties in the Fight Against Heroin By Katy Vescio NYSAC Deputy Director of Governmental Relations

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llegal drug use, addiction, and substance abuse treatment are areas of broad community concern. Currently, New York is in the midst of a heroin epidemic as communities across the state are seeing dramatic increases in heroin use, abuse and overdose. This issue brings to light the numerous ways county government and services are involved in the fight against illicit drugs and the problems associated with drug abuse. Counties experience the impact of this epidemic on many fronts: County sheriff’s officers or local police departments are involved at the point of arrest or in educational efforts. County coroners and medical examiners see cases of fatal overdose. County District Attorneys prosecute those arrested on drug charges, while County Public Defenders represent those individuals facing drug charges who cannot otherwise afford an attorney. Sheriffs and jail administrators encounter individuals sentenced on drug charges and who often face withdrawal and symptoms of addiction while behind bars. County probation departments work with those sentenced to community supervision, often in conjunction with court-ordered drug treatment. County Mental Health Departments coordinate a variety of substance abuse treatment programs for those with chemical dependency, while county Public Health Departments are faced with the impact drug use and addiction has on the health of communities. County elected officials and chief executives raise awareness and coordinate the efforts of the various county offices, often using their elected office to raise awareness and broaden policies to address the problem. Each of these county departments presents an opportunity for counties to become involved in this new war on drugs.

The Current Epidemic: Reasons for the Heroin Resurgence Heroin is an opium-derived painkiller (an opioid), originally synthesized in the late 1800’s. Most of the world’s heroin comes from Afghanistan, however in recent years Mexico’s production has increased substantially. Opioids are typically prescribed to treat severe pain and chronic conditions such as cancer. These substances are highly addictive and ordinary use of these medications in clinical settings can often be exploited for recreational purposes. Heroin is among the cheapest opioids available. In 2010, makers of OxyContin, a widely-used opium-derived narcotic, changed the formula of the drug. The goal was to make the pills more difficult to crush, reducing their chances of being injected or inhaled and thus curbing abuse of the drug. OxyContin is an opioid, in the same family as heroin, morphine and codeine. When OxyContin became more difficult to abuse, heroin resurged as a cheaper and easier alternative. At the same time, government oversight of healthcare providers intensified. Drug control agencies began tracking the trends in prescription medications, exposing gross overuse and overprescription of opioids. The Centers for Disease Control and Prevention (CDC) published data related to the availability and prevalence of opioid prescription pain relievers. Following these reports, many states instituted Prescription Drug Monitoring Programs (PDMPs) to prevent prescription opioid abuse through tracking the prescribing and dispensing of controlled prescription drugs to patients. The recent rise in heroin abuse boils down to economic factors: illegally obtained prescription opioids have become more expensive and more difficult to obtain, while heroin has become more readily available and cheaper.

County-based Solutions in Prevention, Treatment and Intervention Community corrections and alternatives to incarceration (ATI) often provide drug abusers with their first connection to the assistance they need. Individuals facing drug charges will usually receive a sentence of probation supervision along with mandatory drug treatment. Some probation departments perform on-site drug treatment testing to probationers, instead of sending tests out to a lab. Regardless of the conditions of supervision, the goal is to immediately refer the

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probationer to treatment, not necessarily to register a violation of their sentence. Drug tests act as a “search,” and become a deterrent to future drug use. Many people receiving drug treatment are in outpatient programs. Program availability varies widely across the state depending on one’s county of residence, the degree of their drug treatment needs, and the number of times they have failed outpatient drug treatment programs. Several innovative programs exist that integrate drug treatment and other services in a therapeutic environment in order to more intensively intervene and produce better patient outcomes.

The Direct Treatment Alternative to Incarceration Program (DTATI) Westchester County’s Direct Treatment Alternative to Incarceration Program (DTATI) is an example of a successful county program targeted at individuals entering the criminal justice system who have problems with substance abuse. DTATI provides the criminal courts with recommendations for alternatives to incarceration for individuals charged with (or convicted of) felony offenses who have a drug or alcohol abuse problem. The program consists of intensive day-long treatment services coupled with on-site probation supervision. Linking these two programs helps to ensure that participants are receiving the court-mandated treatment while also providing oversight by their probation officer. Probation officers at the DTATI Program are housed at the treatment sites, and collaborate with staff in preparing and monitoring the treatment plan as well as other mandated conditions. Courts and the criminal justice system applaud this approach to providing a full spectrum of services based on the needs of program participants.

County Jail Efforts in Drug Abuse Treatment According to the National Council on Alcoholism and Drug Dependence (NCADD), 80% of offenders have a substance abuse problem at the time of arrest. Nearly 50% of all inmates are clinically addicted. Given these overwhelming statistics, integrating drug treatment into the jail became inevitable for many New York counties. Some sheriffs and jail administrators have established partnerships to create treatment programs within the jail itself. In Westchester County, a partnership was created years ago between St. John’s Hospital Riverside and the Westchester County Jail. Together, the hospital and the jail created an internal therapeutic facility to address addiction within the existing jail. Dealing with addiction and long-term treatment during incarceration promoted a safer jail environment and improved outcomes for these offenders. When the new county penitentiary was constructed, this model was retained and a special housing unit was created targeted toward drug treatment. Additionally, many jails provide outpatient treatment options, including Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings.

County-wide Community Intervention Nassau County has created an innovative approach to dealing with the heroin epidemic. The county’s Heroin Prevention Taskforce takes a three-pronged approach to combatting heroin, promoting awareness, education and enforcement. The taskforce focuses on creating partnerships between community, social and government agencies in order to reduce the demand for heroin. Education efforts inform citizens of the prevalence of heroin in the community, help families understand the signs and symptoms of addiction, and create networks to connect those in need with community resources. Public education also helps law enforcement reduce drug-related crime. Partnering with more than 40 of the county’s school districts, the county created the “Too Good for Drugs” program to educate youth. This proactive initiative centers on positive decision-making for youth facing the temptation of drug usage.

Efforts to Prevent Overdose New efforts are underway to prevent death due to opioid overdose. Effective April 1, 2006, it became legal in New York State for nonmedical persons to administer Naloxone to individuals to prevent fatal opioid/heroin overdose. Naloxone (Narcan) is a prescription medicine that reverses an overdose by blocking heroin’s effect on the brain. State legislative efforts are underway during the 2014 session to enable broader use of Naloxone.

Community Overdose Prevention Program (COP) Program In April 2014, Attorney General Schneiderman established the Community Overdose Prevention (COP) program that gives eligible law enforcement agencies funding for and access to Naloxone. First responders currently carry Naloxone and administer it to opioid overdose victims. With access to this antidote, law enforcement officers can also save lives when they arrive on the scene of a possible overdose. Leveraging $5 million of funds appropriated from crime seizure monies through the 2014/15 Enacted Sate Budgeted, COP provides funding to offset the cost of a “Naloxone kit” for every sworn officer in the state. In addition to funding, training is also available on how to administer the drug.

Counties Can Change the Course of the Heroin Epidemic By working with partners on the state and local levels, counties and their agencies have been active partners in keeping heroin and its detrimental effects out of our communities. NYSAC has been working with the Joint Senate Task Force on Heroin and Opioid Addiction to involve counties in developing solutions to this serious problem; we invite our members to share their approaches and successes in addressing the challenges of drug abuse.

www.nysac.org  21


Fresh Start Job Fair: Developed for the Unemployed Ex-Offender By Samuel Chu Commissioner, Suffolk County Department of Labor, Licensing & Consumer Affairs

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here is one job seeking population that has a harder time than all the rest. We are talking about the ex-offender. Career counselors would agree, having a criminal record, even for the slightest offense, creates a rather significant barrier to employment. As Commissioner of the Suffolk County Department of Labor, Licensing & Consumer Affairs, I am well aware that this population faces another, almost insurmountable barrier to employment, and that is the barrier of trust. It is tough enough for recruiters to identify a possible hire from the hundreds of job seeking candidates who have no question marks on their employment history. And though they have paid for their mistakes and are labeled “ex,” it is sometimes difficult for the former offender to not feel a bias against them within the hiring community. This was not the case at our most recent Fresh Start Job Fair, developed by my colleagues at Labor, Licensing & Consumer Affairs. The organizations who participated in the March 18 fair this year, and the ex-offender job seekers who came seeking employment, would agree, they both learned a little bit more about each other. Employers found what all employers look for, highly motivated candidates. And the job seekers, if they were not hired that day, also received something in return, hope. Hope that all employers looking for new staff, were like these employers, willing to look beyond a past indiscretion to discover a valuable employee. For the second year in a row, the Fresh Start Job Fair attracted over 50 employers and organizations, over 300 job seekers, and was held at the large fieldhouse on Suffolk’s Community College campus in Brentwood. Diverse industries ranging from healthcare, to retail, finance and construction, were represented by recruiters from Community Care, American Diagnostics, East Coast Metallics, Blackman Plumbing, Home Depot, and New York Life Insurance, and many others, all seeking to hire. Employers were enthusiastic in their response to the quality of job seeking candidates they met, and planned to meet further with individuals they deemed promising, with a number of representatives scheduling follow-up interviews. One company has already reached out to 40 possible candidates, and another has 22 interviews planned. One woman-owned business recruiter, was “pleasantly surprised with the caliber of job seekers,” and considered a few job seekers for 22  N YSAC News Sprin g /S um m er 201 4

office support and warehouse distribution openings. Another was “very pleased with candidates’ ability to speak upfront and honestly about a previous conviction,” and collected over 40 resumes. Not just the businesses in attendance were pleased. Job seekers also spoke highly of the event, labeling the endeavor “really good” and “glad these employers were willing to give them a chance.” Said one participant with a big smile, “I just interviewed with FIS (Staffing). They hired me and I’m starting in two days.” Suffolk County Executive Steven Bellone was in attendance, championing the Fresh Start concept, blending seamlessly as it does with his directive to reach out to historically underserved constituencies. “These individuals have paid their debt to society,” said Bellone. “It benefits all of us to reintegrate them into our working community.” With County Executive support, the department is able to counsel and assist a wide range of job seekers at our award winning OneStop Employment Center. Staffed with job search-trained counselors, stocked with computers featuring high-speed Internet access, and offering the latest in employment search tools and techniques, the Employment Center is a must-visit for anyone seeking to enter or re-enter the job market. The ex-offender we count as our customer needs that extra effort on our part and the Fresh Start Job Fair never fails to deliver. Preparing the ex-offender for participation in the Fresh Start fair begins long before the event actually happens. First, Employment Center counselors identify those individuals from this population who need help finding a job. Pre-fair seminars specifically geared toward the former offender were developed and the word goes out to organizations and individuals charged with helping this group. Held for four consecutive weeks leading up to the big event, these job readiness workshops discuss how to interview for a position, develop or fix a resume, and answer difficult and unexpected interview questions. All these skills are useful on the day of the Fresh Start event and beyond, while continuing efforts to land a good job. Just in case individuals missed the pre-job readiness sessions, additional seminars were available throughout the duration of the job fair, in quiet classrooms near the event space. Additional resume and interviewing strategy classes were offered, and event attendees sat in on stress management and prevention workshops and sessions on how to apply for certificates of release.


Over 300 individuals attended the recent Fresh Start Job Fair in Brentwood LI, developed specifically for the ex-offender.

Visitors also listened to formerly unemployed ex-offender guest speakers as they told of their successful job seeking outcomes. Employers were able to gather additional information on hiring an ex-offender at the Fresh Start seminars. This successful event was an all-around win for the county, employers, and job seekers. For Suffolk County and the Department of Labor, Licensing & Consumer Affairs, helping job seekers get hired and gainfully employed is the measure of success for any Job Fair, and doubly important to the ex-offender population with Fresh Start.

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Putting Safety First: Crude Oil Transport, Heating, and Storage By Daniel P. McCoy Albany County Executive

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arch 12, 2014 marked a historic day in Albany County. On that day I issued an Executive Order that gives the county added power when it comes to protecting the health and safety of our residents. The order states that the heating and storage of crude oil at the Port of Albany could create a “condition detrimental to the public health and safety of the residents of Albany County.” Pending the results of a public health investigation, Global Partners, the company seeking to expand crude processing at the port, cannot expand or increase current operations there. Since the announcement that we were placing a moratorium on the expansion or increase in the current operations of Global companies at the Port of Albany, I have heard from people not only throughout the county but across the country and around the world. It is heartening to see the effects of what my administration has done ripple across the country. This issue has special importance to the people of Albany County where there are as many as 7,000 residents who live less than a mile from the port and the railroad lines nearby. These neighborhoods are among the poorest in the county and deserve to be protected. The issue of regulating crude oil transportation and storage has also gained momentum since the tragedy in Quebec in 2013, where 47 people were killed by a runaway train carrying highly explosive crude. Similar derailments have occurred throughout the northeast. Closer to home, a train derailment occurred not far outside of Albany. We only found out about that incident when the state fined the rail company for failing to provide adequate notification. At a time when county governments are tasked with emergency preparedness and coordinating with state and federal authorities, we need to do all we can locally and regionally to protect the public. My office is now seeking a consultant experienced in these issues to assist the county’s Department of Health in preparing the health and safety study called for in my Executive Order. The fact that we have to take this step reflects the complexity of the issues at hand. Gathering all pertinent information is necessary to conducting a thorough, fair and objective review of the issues. It is our responsibility to work

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with first responders to prevent and prepare for any possible scenario; we cannot afford to move with haste. The state is also conducting a review of issues around the expansion of the crude oil terminal in Albany, and inspecting rail yards throughout the state to enforce freight rail safety regulations. The state is urging the federal government to update spill-response plans to reflect the threat of increasing transport of crude oil. The concern is not limited to the Albany area and the state’s attention to the issue demonstrates that the Cuomo administration is taking steps to protect all New Yorkers. Concerns have been raised in other areas of the region as well. In Essex and Clinton counties, officials have stepped up emergency response planning in light of the increased use of rail for the shipping of crude oil. In Central New York there have been concerns raised about whether local governments are prepared for disasters associated with crude oil transport. This discussion and the media spotlight have provided an opportunity for local government leaders, regulators, first responders, and the state to review safety regulations and emergency planning. Some have said that the moratorium and increased scrutiny of crude oil shipment, processing and issues surrounding energy use have sent the wrong message. I have been labeled as hostile to job creation and economic development, but nothing could be further from the truth. I have always supported manufacturing and other uses for the Port of Albany and throughout the county. But in light of the tremendous growth and recent tragedies surrounding the shipping of crude oil, it behooves us to move with caution and ensure we undertake the due diligence needed to protect the health and safety of residents, not just for the short-term but for years to come. It is my hope that state leaders will continue to work with us on carrying out our most important mission with an eye on providing the resources and assistance needed to prevent and prepare for accidents related to crude oil transportation and storage. This is a statewide discussion, and I would suggest that as we talk about this issue, we keep these concerns in mind.


Housing Affordability: A Growing Challenge All Across New York By Thomas P. DiNapoli New York State Comptroller

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ccess to a secure, stable place to live is a basic human need. For too many New Yorkers, however, that basic need is increasingly hard to afford. In counties across New York, housing costs have risen in recent years, while median incomes have declined. That’s true for homeowners and renters alike. If the trend continues, housing costs could impinge on renters’ and homeowners’ quality of life, taking up a greater share of their household budgets, and harming the state’s overall economy. Housing is generally considered affordable when it consumes less than 30 percent of household income. In March, my office published a report that evaluated New York State trends in housing affordability from 2000 to 2012. The proportion of rental households with rents above the affordability threshold increased by about 25 percent over the 12-year period, while the percentage of homeowners with unaffordable housing payments grew even more. The sharp increase in housing costs relative to income from 2000 to 2012 left more than 3 million households statewide at or above the affordability threshold. More than half of renters, and more than a third of homeowners, paid at least 30 percent of their income for a place to live in 2010 through 2012, according to the latest available American Community Survey data from the U.S. Census Bureau. The proportion of incomes devoted to housing rose from 2000 to 2012 in almost all of the state’s 62 counties, whether urban, suburban or rural. In Bronx County, according to the latest data, 57.6 percent

of renters paid above the affordability threshold, the highest in the state. Number two? Greene County in the Catskills, with 57.5 percent. Counties with the lowest percentages of renters paying more than affordable housing costs were farther north and west. This is a complex problem that must be dealt with before it hurts families even more and further hampers the state’s economic growth. Incomes and housing costs vary statewide and are generally higher in the New York City metropolitan area. While the picture of high housing costs is a familiar issue downstate, our report found that stagnant or declining incomes and rising housing costs create affordability issues upstate as well. Slow economic growth, a limited housing supply in many areas, and inflation are all important factors. Property taxes – another major element in overall housing costs – rose 12.3 percent statewide from 2000 to 2012 after adjusting for inflation.

college tuition, charitable donations, and investments in savings, businesses or retirement. It’s a vicious cycle that keeps many New Yorkers from getting ahead. Regardless of where they live – upstate or downstate or in urban, suburban or rural communities – more New Yorkers than ever are feeling the pinch of rising housing costs. The consequences of unaffordable housing reduce quality of life for too many residents and ultimately ripple throughout the entire state economy. Both the federal government and New York State devote substantial resources to make affordable housing more widely available. Given the rising challenge of housing affordability, it’s essential to ensure that these programs are working effectively and delivering assistance where it’s most needed. Taking a close look at the reality of the affordability challenge statewide is a critical first step in identifying necessary solutions.

From a broad economic perspective, a lack of affordable housing could make it more difficult for employers to attract and retain well-qualified workers, limiting their ability to grow and prosper. Housing affordability also affects the amount of discretionary income that households have available. Those who spend more than 30 percent of their monthly income on housing may have little left to pay for other essentials. Housing costs that outpace incomes make it harder for families and individuals to afford basic household needs,

www.nysac.org  25


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Age Friendly Communities: What It Means for Your County

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merica is aging, and counties must keep pace with the changing needs of an older population. Retirees, the elderly and residents approaching retirement are more likely to stay in your county – and keep spending their money and paying their taxes there - if the community they call home is age friendly: walkable, safe and a place where they can remain active, healthy and engaged for as long as possible. And if your older residents remain, they’ll provide the best reason for their children to stay – proximity to mom and dad. Every day, 10,000 Baby Boomers reach age 65 in the United States – and the number of people 65 and older is expected to double by 2030. A 2010 AARP survey found 85 percent of Americans 45 and older want to stay in their communities and their homes. But homes have traditionally been designed and built for an able-bodied 35-year-old – just as too many roads are designed and built solely for motorists. Joining AARP’s network of Age Friendly Communities will help your county make the changes that will not only succeed in keeping the aging at home but benefit all generations. After all, a curb-cut designed for a wheelchair user also benefits a parent pushing a baby stroller. A crosswalk safe for a senior is a crosswalk safe for a child People want to live in places where those of all ages and abilities have housing options and travel choices that keep them safe and comfortable in their homes and get them to where they need to go. They want nearby medical facilities and places to shop. AARP’s Age Friendly Network helps counties find the best ways to reach these goals - which are aimed at making communities more livable for residents of all ages.

By Beth Finkel State Director, New York AARP

Age Friendly features mean things like:

• Visible traffic signs with brighter, larger and clearer fonts, broader road striping, intersections with protected left-turn lanes to reduce the risk of accidents and road design that protects walkers and bicyclists. • G o o d p u b l i c t r a n s p o r t a t i o n a n d paratransit options, and bus stops with benches. • One-story living with no-step entries and doorways and hallways wide enough to accommodate a wheelchair – and ensuring new affordable housing provides these aspects of “universal design” as well as ramps and lifts where necessary. • Sidewalks people can actually walk on. • Easily accessible libraries and parks. • Removal of zoning barriers to accessory apartments and shared housing • Promotion of opportunities for paid work and volunteering for older residents, as well as potentials for them to provide input on formulation of policy that impacts their lives. • Access to homecare, clinics and programs to promote active aging, • Promotion of and access to technology to improve communication. • Programs to combat loneliness and isolation as well as multigenerational interaction and ethnic and cultural diversity. AARP has already partnered with the National Association of Home Builders, through a joint Livable Communities Awards program in 2007 to encourage universal design in new construction, and the World Health Organization (WHO) through an affiliation with its Global Network of AgeFriendly Cities and Communities®. That’s an international effort to get cities and towns

prepared not only for rapid population aging but also increasing urbanization. We created our Age Friendly Network to provide counties and other municipalities with the resources they need to become more age-friendly, such as: • Funding opportunities. • Connections to global and national networks of participating communities as well as aging and civil society experts. • Access to the latest news, guidance, best practices, models, results and challenges. • Opportunities with partners both domestic and overseas. • Mentoring, assessments and peer review evaluation by experts and member cities and towns. • Access to AARP’s extensive work in community outreach and advocacy for livable communities. • Recognition by AARP and the WHO of the county’s commitment to become more age friendly. Already in New York, four counties have created age friendly communities: Westchester, Suffolk, Onondaga and Chemung. New York City, the cities of Syracuse and Elmira, the towns of Brookhaven and Elmira and the Village of Great Neck Plaza have also joined. Nassau, Erie, Monroe and Genesee counties have expressed interest, as have the cities of Buffalo, Rochester, Albany and Saratoga Springs, the towns of Riverhead and North Hempstead and the village of Patchogue. We’re all getting older, and we need our communities to be places where we not only want to – but can – age with independence and dignity. AARP’s Age Friendly Communities can help you ensure yours is one of them.

www.nysac.org  27


NYSID and Counties Work Together to Employ New Yorkers with Disabilities By Paul Quirini NYSID Outreach & Communications Specialist

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ew York State Industries for the Disabled, Inc. (NYSID) and county governments statewide have a rich history of working together to empower New Yorkers with barriers to employment. The choice by these individuals to work in Preferred Source jobs contributes to a diversified workforce, allowing people with disabilities to be successful and independent, and contribute to New York’s economy. State Finance Law section 162 designates NYSID as the facilitator of contracts between county governments and numerous rehabilitative agencies throughout New York State that support individuals with disabilities. Their program participants have the opportunity to become employed on NYSID contracts, performing services that include facility maintenance, groundskeeping, office and mailroom support, records management, data imaging, furniture

“Jobs created by NYSID and its member agencies in the past year significantly helped improve the local and state economy; the impact of these jobs can be seen throughout New York State,” said Ron Romano, NYSID President & CEO. “Nearly 7,000 New Yorkers with disabilities were in place on NYSID contracts this past year –– an incredible accomplishment that could not have occurred without the support of our member agencies, private sector business partners and county and state government leaders.” Currently, NYSID is cleaning many county-operated office buildings in Oneida, Westchester, Orange and Monroe counties. These counties are committed to the mission of the Preferred Source Program because NYSID and its member agencies have consistently provided them with quality service and on-time delivery of product, all within budget.

Rachel Antoine, who was born deaf, scans an average of 20,000 pages per day on NYSID Preferred Source contracts with Fedcap Rehabilitation Services and CASO Inc., both in New York County. Over the course of the10 years she has worked on NYSID contracts, she has scanned more than 48 million pages.

refurbishment, secure document destruction and electronics recycling. They also work in production jobs. These diversely empowered New Yorkers bring stability to communities through earned wages that are spent where they live. A NYSID job is a connection to a greater livelihood than is often available to people with disabilities, a historically underemployed segment of New York’s workforce. What’s more, NYSID member agencies are frequently among the largest employers in their respective counties, especially in the more rural counties across New York State, creating a partnership of employment opportunity.

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Vincent Femia is 29-years-old and has autism. He works on NYSID Preferred Source dishwashing and laundry detergent contracts with The Arc, Oneida-Lewis County Chapter NYSARC, Inc. /Progress Industries. Although unable to communicate verbally, he is known for completing assignments accurately and at a rapid pace, according to his supervisors.

NYSID frequently utilizes joint initiatives with private-sector New York State businesses, including small businesses, certified Minority and Woman-Owned Businesses (MWBEs) and veterans’ support programs. This economic development has included a new copy paper product introduced by one of NYSID’s newest member agency production centers, A.V.R.E. in Binghamton (Broome County). In addition, data imaging services have been provided in response to New York State Education’s a rc h i v e s g r a n t i n i t i a t i v e , encouraging local government entities to apply for financial assistance in transferring paper files to electronic format. Finally, numerous NYSID member agencies assist towns and villages with their records management needs, including: Fedcap Rehabilitation Services in partnership with CASO, Inc. in New York County; Skills Unlimited in partnership with


Imaging & Microfilm Access in Suffolk County; and Westchester Arc/eDocNY in Westchester County. On-site visits prove that Preferred Source jobs make a difference in communities. Ruben Diaz Jr., Bronx borough president, visited SHREDability, a service of AHRC New York City that provides professional, customized secure document destruction services, in recognition of Earth Day 2014. During his tour of the work site, Diaz took time to meet each of the workers and shared his thoughts about SHREDability’s mission of sustaining the environment while offering employment opportunities to people with disabilities. As counties across New York State have supported NYSID so, too, does NYSID support counties through its disabled veterans’ initiatives. Since September 2011, NYSID has participated in the opening of five Battle Buddy Centers: safe havens for veterans to socialize with their fellow veterans and receive needed services. NYSID’s Battle Buddy Centers are located in Columbia/Greene, Ulster, New York, Rensselaer, and Madison counties, with additional locations planned. NYSID jobs bring stability to New York communities, enriching our state as a whole. These jobs provide dignity and purpose to those who look to the Preferred Source Program to thrive as employed citizens – changing lives, one job at a time.

For 40 years, NYSID has been turning business opportunities into jobs for New Yorkers with disabilities. Established in 1975 and based in Albany, NYSID is a not-for-profit organization comprised of 163 community rehabilitation agencies and private-sector business partners that work with state and local governments to create jobs for New Yorkers with disabilities. For more information on NYSID, visit www.nysid.org.

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The Casinos are Coming! The Casinos are Coming! Charting the Regulatory Landscape of Casino Placement in New York By Michael Rhodes-Devey Towne, Ryan & Partners, P.C.

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s we are all aware, the Governor and the New York State Legislature passed a complex series of laws which will allow four commercial Vegas style casinos to open in New York State.

Gambling in New York State: History and Background Generally, the New York State Constitution had prohibited gambling in New York since 1821. However, in 1988 the United States Supreme Court held that Indian tribes could conduct gambling on their own territories if the state in which they were located allowed similar gambling in any form. Thus, in states like New York and California, where charitable Vegas Nights could be held, the tribes could conduct those types of games for profit as opposed to charitable purposes. And thus the flood gates opened. In New York, the Oneida Nation was the first to capitalize on this opportunity, entering into a gaming compact with then Gov. Mario Cuomo. The Oneida Nation opened the doors to their first casino in 1993. That casino has expanded exponentially. The Senecas have since opened five casinos; three on their territories in Western New York and an additional two in the cities of Buffalo and Niagara Falls, while the Mohawks opened a casino in 1999 on their territory by the Canadian border. The declining resorts in the Catskills have been advocating for many years for the legalization of Vegas-style gambling to revive their fortunes. In response to pressure for casinos and the economic needs of the harness horse tracks in the state, the New York Legislature, commencing in 2001, passed bills authorizing certain harness horse tracks to operate Video Lottery Terminals (VLTs) to support that industry. This provided a degree of casino-like gaming in New York State and also provided a cash flow to the state government and localities, as well as the equine industry. The exception from the constitutional prohibitions was based upon the theory that the VLTs, which looked and acted like slot machines (prohibited), were not really slot machines, but actually lottery terminals (allowed). By the time Andrew Cuomo was elected governor, New York had VLT parlors, or “racinos” as they are sometimes called, at eight harness race tracks in New York: Saratoga Harness, Vernon Downs, Monticello Raceway, Tioga Downs, Roosevelt Raceway, Finger Lakes Race Track, Hamburg Gaming and Batavia Downs. The path to the planned racino at Aqueduct Racetrack proved to be a difficult and arduous one, but it eventually opened in 2011 as New York State’s latest racino.

The Casino Legislation After his election in 2010, Governor Cuomo became the first Governor to truly support full-on Vegas-style gaming in New York. Governor Cuomo put his political will and might behind the bills to make full gaming a reality. In 2012 and 2013, the New York State Legislature passed the necessary legislation to amend the New York State Constitution to allow for the development of

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The Casinos are Coming! The Casinos are Coming! Continued from page 29

Vegas style casinos in New York. On November 5, 2013, New York voters approved the constitutional amendment to expand casino gambling, authorizing as many as seven full-scale casinos as part of a plan meant to bring jobs to economically distressed upstate regions. The amendment passed with 57percent of votes: a pretty nice margin for a law that just a few years ago many of us felt was incapable of passage in New York.

The Current Casino Siting Law The legislation authorizing the development of these new casinos is found in a new provision of the Racing, Pari-Mutuel Wagering and Breeding Law which is entitled “Destination Resort Gaming.” The new law provides for the creation of a Gaming Facility Location Board operating under the auspices of the new New York State Gaming Commission, which was created in 2012 to replace and consolidate the Racing and Wagering Board and the Lottery Commission. The Racing, Pari-Mutuel Wagering and Breeding Law provides for the creation of four commercial casinos in three areas. The areas excluded are the Metropolitan New York City areas and the Indian Non-Compete Zones. The remaining zones are the Catskill/Hudson Valley Region, the Capital Region and the Eastern Southern Tier Region. Each of the regions are to be approved for at least one casino and, at most, two casinos. The law creates two zones: Zone One shall include the city of New York and the counties of Nassau, Putnam, Rockland, Suffolk and Westchester. Zone Two shall include all other counties in the state. At this time, there is no provision for the creation of a casino in Zone One. There are no downstate gaming resorts envisioned for at least seven years after the first gaming license is awarded. The Catskill/Hudson Valley Region shall consist of Columbia, Delaware, Dutchess, Greene, Orange, Sullivan and Ulster counties. The Capital Region shall consist of Albany, Fulton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie and Washington counties.

Mohawk Non-Compete Zone: Clinton, Essex, Franklin, Hamilton, Jefferson, Saint Lawrence and Warren counties. Seneca Non-Compete Zone: Allegany, Cattaraugus, Chautauqua, Chemung (west of State Route 14), Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler (west of State Route 14), Steuben, Wayne (west of State Route 14), Wyoming, and Yates counties. Oneida Non-Compete Zone: Cayuga, Chenango, Cortland, Herkimer, Lewis, Madison, Oneida, Onondaga, Oswego and Otsego counties. The Gaming Facility Location Board has been appointed and, on March 31, released the Request for Proposals to the public for submission of the casino proposals. The Gaming Facility Location Board will make their determinations on the casino proposals based upon a statutorily created criteria. However, while there is no home rule provision contained in this law; i.e., the locality does not have the right to reject a casino that is approved by the Gaming Facility Location Board, the Location Board has stated that the host municipalities must pass a resolution supporting the application for there to be consideration of a proposal. Local political support is a must. The Board will also consider the position of local community, civic, charitable and religious groups, and the like, to determine whether or not there is local support. Further, local zoning shall not be applied to a proposed casino to prevent its opening.

The Process The Resort Gaming Facility Location Board has set forth an aggressive schedule for the approval of these casinos: • March 31, 2014: Request for Applications issued • April 30, 2014: Mandatory Applicants Conference • June 30, 2014: Bids due

The Eastern Southern Tier Region shall consist of Broome, Chemung (east of State Route 14), Schuyler (east of State Route 14), Seneca, Tioga, Tompkins, and Wayne (east of State Route 14) counties.

• June - August 2014: Gaming Facility Location Board reviews, evaluates submissions

The Oneida, Seneca and Mohawk Indian Nations in New York have reached revenue sharing agreements with New York State in exchange for which they have received geographic zones where the State will not allow the placement of these new, as not yet created, casinos:

• Early Fall 2014: Casino siting and operators formally announced

• Early Fall 2014: Commission commences licensing review of applicants

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ing! m o C e r a s o n i s T h e Ca ! g n i m o C e r a s o n The Casi page 31 Continued from

The Resort Gaming Facility Location Board will evaluate applications on the following scale and issue a finding on each. • 70%: Economic activity and business development factors • 20%: Local impact and siting factors • 10%: Workforce enhancement factors Economic Activity and Business Development Factors: How many jobs are you going to create? How much money are you going to spend? How much money will the State and localities get? This area will also concern itself with: How fast can you open? Will it be a nice facility? This is 70 percent of the analysis, so if you can ring the bell on this, it takes the developer a long way to the finish line. The Local Impact and Siting Factors: This is where a locality’s impact can most be felt. The State will want a demonstration of local community support as through local laws in support. It will also concern itself with mitigating potential impacts on host and nearby municipalities which might result from the development or operation of the gaming facility. Also of concern under this heading would be how the facility will help local, related business, i.e., hotels and restaurants, and how it will not hurt existing local business. Workforce Enhancement Factors: These factors will be a number of disparate issues such as the implementation of a workforce development plan that utilizes the existing labor force, including training programs that serve the unemployed; affirmative action program; utilizing the existing labor force; agreements with organized labor; The Board will also consider measures adopted to address problem gambling, including utilizing sustainable development principles and purchasing, whenever possible, domestically manufactured slot machines for installation in the gaming facility.

The current statutory scheme envisions that the State will distribute 80% of the net gaming revenues retained by the State for education aid above the amounts distributed under the state education formula. The host municipalities which will each receive 10 percent. The counties within the respective region where the casino is hosted will also receive 10 percent. Under the Act, for the first time, every county in an Indian exclusivity zone will share in Indian gaming facility revenues. Ten percent of the net gaming revenue retained by the State from Native American gaming facilities will be distributed to the counties in each respective exclusivity zone, and existing tribal payments to their local municipalities will be preserved.

What Should Municipalities Be Doing Now? The big issue right now for municipalities in the Catskill/Hudson Valley, Capital and Eastern Southern Tier Regions is to stay apprised of what is going on within your region. Be aware of the casino proposals being submitted. Support or opposition to a casino proposal by a municipality is probably best expressed from a political and public relations stand point. If you want the proposal to be successful, show your support early and often, both in public and press pronouncements. Are there infrastructure issues which the municipality feels should be addressed by a casino developer? Make those needs and desires known early to the developer, preferably well before they submit their proposal to the Location Board. Make sure the Location Board is aware of your concerns and needs so they can utilize this in their evaluation of the proposal. Do not let the events sweep past you. Step in and make your needs known. As stated earlier, the enabling statutes sweep aside local zoning and planning issues. Technically, if a proposal goes through and gets accepted without local input, once it is approved it may be too late for your county’s voice to be heard.

Revenue-Sharing The proposed revenue distribution scheme aims to give something to everyone. The big winners will be the host communities. Next, the neighboring municipalities within the gaming region will each get something and finally, municipalities within the Indian Non-Compete areas will also receive distributions. All schools in the state will benefit. The losers: The Metropolitan New York City region, which, for now, will not participate in municipality revenue sharing.

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For more information on this topic, please contact Michael Rhodes-Devey at mike.devey@townelaw.com or James T. Towne, Jr. at james.towne@townelaw.com.


Disaster can turn off your community’s water. NYWARN can turn it back on.

Floods - Storms - Earthquakes Hurricanes - Terrorism Clean water is essential for public health, sanitation, and fire protection. When disaster knocks a water utility offline, utilities of the New York Water/Wastewater Agency Response Network send personnel, equipment, and materials to fellow NYWARN members so vital water and wastewater operations are quickly restored. Is your community’s utility a NYWARN member? All it takes is for you to sign a mutual aid and assistance agreement. No dues, no cost, no obligation. Just an agreement that utilities will help one another when possible. The NYWARN Mutual Aid and Assistance Agreement • Sets the terms/conditions for members • Outlines terms for reimbursement and liability • Contains indemnification and workers’ comp provisions • Helps with FEMA reimbursements in a federal disaster area • Is consistent with the National Incident Management System

Protect your community’s water Join NYWARN at www.nywarn.org For more information, call 315.455.2614 Funded by the New York State Department of Health


What about 2-1-1? By Reg Foster President and CEO, United Way of New York State

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illions of New Yorkers have dialed 2-1-1 or visited the website (www.211.org) for access and referral to a broad array of human services, yet the service is still not well known. This may be due to the limited marketing done through the recent budget-constrained years, but efforts are underway to change that. 2-1-1 is currently in over 50 counties, but a cluster of 10 counties in the central part of the state does not have 2-1-1 yet. That will be remedied within the year, however, as the Legislature has appropriated funds to complete coverage of the whole state. The 2-1-1 service is critical in providing day-to-day access to human services and in responding to disasters. Last year, 2-1-1 NY fielded almost 2 million calls and its website received millions more hits. It has also been critical in responding to disasters: 2-1-1 handled almost 180,000 Sandy-related calls in the months following the storm.

What Services Are Available Through 2-1-1? 2-1-1 helps people find a variety of human services like shelter and food, services for the elderly, childcare and day care, mental health services, and after-school services. 2-1-1 offers help in a variety of languages, and is accessible to those with hearing impairments. Each caller is connected to a trained specialist who helps to navigate the complex world of human services. This is especially important for callers with low language comprehension, or who are experiencing high stress due to the need for supportive services. The databases built and maintained by 2-1-1 offer the most complete listing of human services in the state. Over 45,000 programs and almost 20,000 nonprofit and government agencies are listed.

One Easy-to-Remember Number These days, everyone wants to use technology to make it easier to connect with their stakeholders—customers, voters, members--you name it. However, it is harder and harder for people to break through the dizzying tangle of 800 numbers, websites and directories to get the information they need. That’s where the 2-1-1 system comes in. It’s easy to remember and so it’s easy to market. It avoids the expense of operating and marketing multiple 800 numbers, and helps people access the services they need to get back on their feet.

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And What’s 3-1-1? Some people aren’t sure of the difference between 2-1-1 and 3-1-1. These abbreviated phone numbers are allocated nationally by the Federal Communications Commission (FCC), and can only be used by designated organizations. The FCC allocated 2-1-1 to help people in need connect to community organizations and government agencies. 3-1-1, on the other hand, is allocated for non-emergency municipal services. The best known example in the state is in New York City, where 3-1-1 and 2-1-1 are integrated. One of the recognized benefits of 2-1-1 is relieving pressure on 9-1-1, freeing the emergency responders to deal with fires, crimes and medical emergencies.

How is 2-1-1 Funded? 2-1-1 is a public-private partnership. The state appropriates funding each year for 2-1-1, local United Ways and partner nonprofits contribute resources, and state agencies and local government agencies contract with 2-1-1 for specific services. In NYC, 2-1-1 is integrated into the 3-1-1 system and both are funded by the City of New York.

Who Operates 2-1-1? The 2-1-1 number is allocated by the FCC to two nonprofit partners, United Way (UW) and the Alliance of Information and Referral Systems (AIRS). In New York State, 2-1-1 is delegated to the State UW and NYSAIRS by the Public Services Commission. A separate nonprofit, 2-1-1 New York, has been created to manage the system. Across most of the state, 2-1-1 New York contracts with a number of regional nonprofit call centers to operate 2-1-1.

Linkages with Counties and Local Government The recession has left local governments financially stressed. Many county departments have built links to the 2-1-1 infrastructure to achieve efficiencies. In some counties, 2-1-1 helps screen clients to get them to appropriate services, provides extended hours of coverage, or 2-1-1 databases can help counties avoid the cost of duplicating their own. “A great strength of United Way’s 2-1-1 is its ability to strengthen services through partnership with local government,” says Mike


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  Piazza, Commissioner of the Putnam County Department of Social Services and Mental Health. “For many years Putnam County had  as a priority unmet need, identified a mental health crisis hotline but the cost to establish a 24-hour crisis line was prohibitive. By  partnering with United Way’s 2-1-1 established infrastructure and trained call specialists, Putnam County  was able to establish a 24/7 crisis hotline at a fraction of the cost. Putnam would never  without its partnership with have been able to achieve this goal United Way’s 2-1-1.”  Below are some more examples of local government/2-1-1  partnerships:  • In Westchester County, the local DSS contracts with 2-1-1 for customer service training.  • Orange County uses 2-1-1 for after-hours access to shelter.  • Steuben County DSS relies on 2-1-1 for after-hours, on-call support for housing, food, heat,  and adult and child protective emergencies.

• Putnam, Monroe, Wayne and Livingston County Departments of Mental Health contract with 2-1-1 for crises response and referral. • Saratoga and Schenectady County Offices for the Aging contract with 2-1-1 for database services for NY Connects. • Yates County uses 2-1-1 for appointments and other support for AARP Tax Aide Program

Emergency Management 2-1-1 is a key partner in times of an emergency. 2-1-1 is used by FEMA as the referral point for services in disasters. Additionally, there are arrangements between 2-1-1 and local bodies to coordinate in emergencies. For example, Westchester County Office of Emergency Management contracts with 2-1-1 for disaster readiness services.

Volunteer Income Tax Assistance Many county social service departments across the state use 2-1-1 for eligibility screening, to direct callers to Volunteer Income Tax Assistance (VITA) sites and even to schedule appointments at VITA sites.

2-1-1 has played a vital role in helping people access services in an efficient and cost effective manner, both day-to-day and in disasters, in large part through strong relationships between 2-1-1 and county governments. With 2-1-1 poised to go statewide, the possibilities for partnerships between 2-1-1 and counties will be greater than ever.

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Cornell Cooperative Extension’s Disaster Education Network Stands Ready to Assist By Keith G. Tidball, Ph.D. Cornell University, NYS Coordinator for the Extension Disaster Education Network

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ne set of challenges faced by county officials arises in times of severe storms,

emergencies, and disasters. Despite the fact that there is a large body of general information on disaster and emergency preparedness hosted and distributed by federal, state, and nongovernmental organization stakeholders, where can county officials go for guidance or answers to the “from left field” questions and issues that inevitably arise during disasters? Recent experience has demonstrated that there is a need for a “one-stop-shop” for help with these kinds of issues. For example, issues such as snow load and collapse of barns with livestock due to winter storms, soil salinity and contamination after flooding from hurricanes, tree care after wind damage, or even how to deal with worried children in an “active shooter” incident are all areas that can cause “sticking points” in county emergency operations centers and that have been dealt with recently in New York State. In all of these cases, and many more, Cornell Cooperative Extension’s New York Extension Disaster Education Network (CCE NY EDEN – see eden.cce. cornell.edu) played an important role.

Introducing Cornell’s Extension Disaster Education Network The Extension Disaster Education Network (EDEN) is a national network of land-grant universities that links Extension educators from across the U.S. and various disciplines, enabling them to use and share resources to reduce the impact of disasters. From food safety to field safety, from physical to psychological, and from government to community development, EDEN has resources you can use. New York State’s EDEN, affiliated with both the national USDA EDEN network and with Cornell University Cooperative Extension, works to link the emergency preparedness resources of New York agencies and organizations with the community networking and outreach capabilities of Cornell Cooperative Extension. The New York Extension Disaster Education Network (NY EDEN) is a collaborative educational network based at Cornell University and accessed via Cornell Cooperative Extension Associations in every county in NYS and all five boroughs of NYC, dedicated to educating New York residents about preventing, preparing for and recovering from emergencies and disasters that could affect their families and communities. The goals of NY EDEN are to: • Disseminate educational materials relating to emergency preparedness and recovery in order to reduce the impact on individuals and communities. • Provide emergency preparedness training and resources for Cooperative Extension staff, businesses and community residents. • Assist CCE Associations in establishing partnerships and plans to assist their communities, through education, in emergency/disaster preparations and recovery. • Respond to requests for and distribute credible, tailored resource materials, especially to county and state officials, before, during, and after a disaster.

History of EDEN Historically, the conception, development, and growth of the Extension Disaster Education Network (EDEN) were a direct result of the lessons learned by the land-grant system responding to the catastrophic Mississippi and Missouri river floods of 1993. Three major lessons were learned. First, long-term community recovery efforts would rest with three key groups/ agencies - local government, the faith community and Extension. These three remained in those communities long after the water receded and the disaster was no longer national news. Second, citizens looked to Extension for resources and expertise related to disaster recovery, mitigation and preparedness, but the individual states lacked the capacity, research-based information or expertise to address the multitude of issues/needs resulting from such a major disaster. Third, that the emergency management community discovered that the land-grant system could be a tremendous asset. Extension had a role related to emergency management, but extension faculty and educators were not technically prepared to play that role. There was a need for more coordination

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and standardization of recovery recommendations by the various emergency response agencies - Departments of Health, Extension, Red Cross, Salvation Army, FEMA, etc. The impacted states lacked the capacity and resources to effectively deal with the magnitude of requests for information, expertise, recommendations, technical assistance, community planning, and recovery issues. Based on these lessons learned, it was obvious that the land-grant system would have an ongoing expectation to be involved locally and nationally in the emergency management arena. A proposal was developed and submitted to USDA to develop EDEN and was funded, leading to the healthy USDA-sponsored program in existence today.

How EDEN Can Help There are many scenarios that county officials may face wherein taking advantage of EDEN resources would help significantly. In terms of preparedness, does your county need to be better prepared for agricultural emergencies? EDEN can provide training and readymade tailored resources. Does your county need a more vigorous communications strategy to build community resilience to storms and emergencies that are increasing in frequency and magnitude? EDEN

can assist with connectivity via our multiple social media outlets and historically “well-connected” community networks within Extension. Are there concerns that local 911 call-centers will be inundated with calls regarding non-life threatening but still significant issues during a disaster? EDEN can create websites, fact-sheets, and other Extension education resources that can be used to redirect this type of call-in, which can increase responsiveness to these community concerns while keeping emergency responders focused on the more dire tasks at hand. Need evidenced-based resources for press releases, newsletters, and other communications? EDEN can provide research based fact-sheets and publications from within Cornell University’s immense scientific expertise, as well as draw upon the combined knowledge of the entire land-grant university system, tailored to your specific needs. In short, the Cornell Cooperative Extension Disaster Education Network stands ready to help your team succeed by linking Extension educators, emergency managers, and community officials to enhance resilience and reduce the impact of disasters in New York communities.

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Recreational Liability: Summer Camp Risk Management By Roger Cuva NYMIR Risk Management Director

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ith a winter that did not want to let go, it’s hard to believe that summer is nearly here. Municipalities are hiring seasonal staff to handle their various summer time recreational programs, and getting facilities ready to host summer activities.

2. Social Service Law requires criminal background check (through Statewide Central Register of Child Abuse and Maltreatment registry) for childcare providers who have “regular or substantial contact with children” E. Staff Training

NYMIR wants to take the opportunity to review certain guidelines for those staff with responsibilities for overseeing and administering these seasonal programs. It’s important to ensure that these activities and those participating in them are adequately safeguarded so that we may reduce the potential for accidents and liability claims as much as possible. The following guidelines are provided as an outline to achieve this purpose:

1. Conduct pre-camp employee orientation two weeks before camp starts. All policies and procedures should be reviewed.

Summer Camp Operator’s Responsibilities:

4. Daily briefings on staff responsibilities and specialized topics or circumstances as they arise.

A. Ensure that the camp: 1. Has a permit to operate from NYS DOH or designated permit issuing official 2. Complies with the requirement to be inspected twice yearly – once with camp in full operation 3. Inspection reports and required plans are filed with the appropriate authority and available for review B. Be sure to notify all parents/guardians and local health dept. if a child is involved in any injury/incident or abuse. The camp should have an incident report procedure in place to document their review and investigation into the incident. C. Screen background qualifications of all staff using: 1. Application Form 2. Face to face interviews with at least two staff members 3. Reference checks to include a review of prior experience compared to written job description D. Conduct background checks as per state law (required of operators of children’s day camps, travel & overnight camps): 1. NYS Division of Criminal Justice Services Sex Offender Registry (DCJS) for STAFF and VOLUNTEERS – www.criminaljustice. ny.gov/nsor/

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2. Counselors should be instructed on child abuse detection and reporting procedures. 3. Use of oral, written and performance tests to measure staff retention of knowledge and ability to perform the skills taught.

Training should continually stress camper and staff safety, child abuse prevention and detection, managing difficult camper behavior, and emergency management, etc. F. Supervision/Credentials 1. NYS Health Code requires a camp director of an overnight camp to be 25 years old, a day camp director – 21 years old 2. ALL must have previous camping administration or supervision experience. 3. Camp Directors background checked by OCFS Central Registrar Database and DOH 4. Camp Counselors must have experience in camping and supervising children or complete an acceptable training course. 5. Staffing ratios – Overnight Camps - 80% of Counselors – 18 years of age – up to 20% may be 17 1:10 for children >8 years; 1:8 <8 years Staffing Ratios – Day Camps – Counselors – 16 years old minimum; 1:12 6. Camp with at least ten counselors can use CIT’s to meet 10% of the required number of counselors. Must be 16 years for overnight camps; 15 for day camps. Must work with senior staff members and have previous experience as a camper and complete training program.


G. General Safety – Best Practices Municipalities must exercise reasonable care against any foreseeable danger under the circumstances. The camp operator must develop a written plan that includes maintenance of facilities, staff training, supervision of campers, campsite hazards, emergency procedures and drills and equipment. For program activities, the plan should address the following: Sidewalks/stairs inspected; clear, handrails in place, trip hazards removed Grounds keeping – cutting back trees and foliage, poisonous plants, minimize tick exposure Parking lots – Ample parking and well maintained, potholes repaired, designated handicapped parking as per ADA; arrival and dismissal procedures set forth with painted directional arrows and signage for traffic flow; posted speed limits (10/15mph max); stop signs and yield to pedestrians; curbs, parking stops and other raised surfaces painted yellow for greater visibility; use of crosswalks; cables and chains blocking access to areas should be covered with yellow plastic tubing for greater visibility.

Life Safety – Emergency exits are clearly visible, illuminated and clear and exterior doors clear of debris and any obstructions. Smoke detectors and heat detection should be hardwired with battery backup and connected to a central monitoring station. Security – Lighting – All parking areas, hallways, stairs and traffic areas should be well lit to limit concealed areas. Access – All entry access to the camp should be monitored. Visitor’s policies should be clearly established, vendors should register and be provided with visitor’s badges and escorted to where they need to be. Facilities and programs should be free of any areas where a child or staff member could be isolated and assaulted or provide surveillance as needed. Unused or poorly maintained buildings should be demolished to limit attractive nuisance potential. Emergency Response Plan – The EMP should address the camps response to inclement weather, natural disasters, manmade emergencies, medical emergencies, etc. Campers taught to take shelter if they see lightning and know the “30-30” rule – take shelter if time if lightning flash and hearing thunder is 30 seconds or less; and not to resume activities until 30 minutes have elapsed.

Fencing – Sturdy and in good repair; chain link fences free of rust and sharp ends; fence caps on chain link fencing surrounding ball fields

First Aid/CPR/AED – All staff trained in basic first aid and CPR as well as use of AED. First aid kits should be readily available and fully stocked.

Aquatic Sites – Boat docks, slips, mooring, small craft and waterfront equipment must comply with USCG regulations. All piers, docks, floats, platforms should be in good repair. Water depths marked on pool edges or planking. Swimming areas made free from hazards as much as possible.

In addition, to the above, and to enhance the camps risk management profile, the camps should proactively participate in attaining voluntary certifications, i.e. American Camping Association (ACA) The ACA accredited camps provide written employment agreements and personnel policies among other aids.

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Erie County: Industry, Culture, Architecture, and Revitalization

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he earliest inhabitants of Erie County were the Erie Indians, followed by the Seneca Indians who controlled Western New York in the 17th Century. To protect the fur trade, the French built Fort Niagara in 1726. In 1798 the Holland Land Company purchased the land west of the Genesee River, and hired Joseph Ellicott to survey and begin the development of the area. Ellicott, with his brother, Andrew, had laid out Washington D.C. and the same wagon-wheel plan was used for “New Amsterdam” (which later became Buffalo). Settlers began arriving during the early 1800’s, and by 1808 Buffalo became the Niagara County seat. Niagara County was divided in 1821 and the southern portion became Erie County. During the War of 1812 the Americans burned Fort George, Ontario and the village of Newark. In retaliation, the British burned Buffalo on December 31, 1813. After the war, Samuel Wilkinson had a dream of a rebuilt city becoming the most important commercial center between New York City and the frontier due to its location on the eastern edge of the upper lakes. Wilkinson forged ahead and by 1821 completed a breakwater creating an artificial harbor for Buffalo.

The Erie Canal and Railroads Spur Growth in Erie County Championed by Governor DeWitt Clinton, the Erie Canal was authorized by the State Legislature in 1817 and Buffalo chosen as the terminus. Because goods destined for the west had to be moved from canal barges to sailing ships at Buffalo, it became a major commercial center. The canal was responsible for the rise of Tonawanda and its lumber industry in the first half of the 19th Century. During the 1830’s Erie County underwent a dazzling period of rapid expansion and land speculation. In 1836, the first steam railway was built connecting Buffalo and Niagara Falls. The era of railroading began which culminated in making Buffalo one of the most important railway centers in the nation. The rails took from the canal the task of transporting from the upper Midwest by ship

40  N YSAC News Sprin g /S um m er 201 4

to Buffalo. On the waterfront, the invention of the steam storage and transfer elevator by Joseph Dart in 1842 provided an essential link to hasten the unloading of ships. This speedy transfer from ship to elevator helped to make Buffalo one of the great milling and grain centers of the world. As the region prospered commercially, rapid, reliable transportation became essential. Main Street became a stagecoach route and a partnership was made in 1851 in Buffalo, forming the Wells Fargo Express, a forerunner to the present postal system. In addition to excellent transportation, the introduction of cheap electric power from Niagara Falls added to the desirability of the area, and promoted industrial development. The availability of coal by rail from Pennsylvania and iron ore from Minnesota led to the foundation of the Lackawanna Steel Corporation in 1903, which became the largest and most complete steelmaking facility in the world.

Erie County as a Cultural Center Despite the rapid development of commerce, culture was not neglected. In 1846, future U.S. President Millard Fillmore helped found the University of Buffalo, now one of the major University Centers of the State University of New York. He was the first president of the Buffalo Historical Society, and one of the organizers of the internationally known Albright-Knox Gallery. The Buffalo Society of Natural Sciences opened its doors in 1861. The Pan American Expedition in 1901 was the world’s fair of the 20th Century and the first to extensively use electrical power. It brought western New York international notice, stimulating business and industry. Unfortunately, President William McKinley was assassinated while attending the Expedition. Theodore Roosevelt thus took the presidential oath of office in Buffalo. During both World Wars, Buffalo’s economy prospered with its expanding steel, automotive, aerospace, and ship-building industries, and the city became a thriving hub for retail and wholesale distribution. After the Second World War, the St. Lawrence Seaway was completed to provide cheaper

transportation of goods from the Midwest directly to the open seas. Erie County’s transportation advantages have made it one of the most densely populated areas in the United States and Canada. It has become a center of not only commerce and industry, but one of culture and higher learning. A number of important architectural and cultural projects were realized as a byproduct of the city’s continued success. Two significant examples include the construction of Kleinhans Music Hall, completed in 1940 by architects Eliel and Eero Saarinen, and the expansion of the Albright Art Gallery, designed by Gordon Bunshaft and renamed as theAlbright-Knox Art Gallery in 1962. Regarded as one of the most acoustically perfect music halls in the world, Kleinhans was made possible by the generous gift of clothier and fashion retailer Edward L. Kleinhans and his wife Mary Seaton Kleinhans. The Albright-Knox expansion was financed by donations from Seymour H. Knox Jr. and his family, who had made their fortune in the development of five-and-dime stores.

Erie County Today Erie County today is indebted to its industrial history, which brought wealth and prosperity to Buffalo and the surrounding areas and allowed it to grow into a center of art and architecture. From the renovation of the Larkin Exchange Building to the reopening of Hallwalls Contemporary Art Center in the recently restored Asbury Delaware Church, Buffalo’s programs of preservation have revitalized historic landmarks for public use and enjoyment. As Erie County looks to the future, its next generation continues in the tradition of its civic and industrial leaders to sustain a vibrant civic life through the continual development of new architectural and cultural initiatives. NYSAC members have an opportunity to explore Buffalo and Erie County this September, when the Fall Seminar is held at the Hyatt/Buffalo Niagara Convention Center (September 22-24). For more details, visit www.nysac.org.


: n i a g A s e s i R o A City l a f f u B n i t n e m e v o M n o i t a v r e s The Pre By the Buffalo Niagara Convention and Visitors Bureau

Regret, Reflection and Reaction: The Loss of the Larkin Building A great loss can precipitate pangs of regret, moments of reflection and both considered and passionate reaction. Such was the case in Buffalo in the years after the searing and devastating loss of Frank Lloyd Wright’s Larkin Administration Building in 1950. Although the response was not immediate, a change in the consciousness of the community had begun. This change would manifest itself in a series of battles that began in the late 1950s when the Buffalo Lighthouse faced demolition by neglect after it was abandoned by the U.S. Coast Guard. One of the oldest structures on the Great Lakes, the lighthouse, which dates from 1833, had long been regarded as a symbol of the city of Buffalo. The lighthouse was saved in 1961 by the action of a group of community-minded citizens and the Buffalo and Erie County Historical Society. Around this same time, one of the oldest houses in Buffalo - the George Coit House - was faced with demolition. A clapboard wood-frame house in the Federal style, the Coit House was built in 1815 - almost two decades before the incorporation of Buffalo as a city. George Coit was a prominent businessman during the region’s formative days as a western outpost of the then burgeoning United States. In fact, a promissory note signed by Coit and his business partners helped to finance improvements on Buffalo’s harbor and made possible Buffalo’s selection as the terminus of the Erie Canal. In 1961, the house that bore his name had seen better days and was threatened with demolition by the city for a variety of building code violations. The newly formed Landmark Society of the Niagara Frontier, recognizing its historical significance, stepped in and arranged for the house to be sold to a sympathetic couple that undertook its restoration. The rescue of the Lighthouse and the Coit House marked the beginning of community activism on behalf of historic buildings in Buffalo.

Going Mainstream: Adaptive Re-use and the Re-birth of Downtown Long-considered by many to be the province of romantics and an impediment to progress, the preservation movement in Buffalo today has been embraced by a significant portion of the city’s establishment. Philanthropic organizations such as the Margaret L. Wendt Foundation, the John R. Oishei Foundation and the Baird Foundation are among the most noteworthy supporters of restoration projects

such as the Roycroft Inn, the Graycliff Estate, the Martin House, Hull House, the Nash House and Old Fort Niagara. The Buffalo News has become a champion of Buffalo’s architecture. The paper’s publisher is a key financial supporter of the Martin House and the chairman of the newly-formed Richardson Complex board. The region’s tourism promotion agency, Visit Buffalo Niagara, is aggressively marketing Buffalo as an architecture tourism and American heritage destination. Even business interests who once cast a scornful eye on historic districts and preservation projects have adopted the use of historic tax credits and begun aggressively transforming a variety of former department stores, warehouses, manufacturing plants and churches into commercial and residential space. Twenty-somethings and empty-nesters alike are returning to the city’s core. Businesses that once fled to the suburbs are doing the same. The wheel, it seems, has begun to turn thanks in no small part to the vision, determination and commitment of Buffalo’s preservation community.

County Leaders Plan Fall Seminar in Buffalo, Erie County Hundreds of county officials from around the state will have a chance to experience Buffalo’s preservation and revitalization firsthand during NYSAC’s Fall Seminar, September 22-24. The conference, being held at the Hyatt/Buffalo Niagara Convention Center, is one of NYSAC’s premiere educational offerings. During the day, attendees will learn about the latest issues, challenges, and opportunities facing county governments. Evenings will include several opportunities to experience Buffalo and Erie County. Keep an eye on your email and NYSAC.org for conference details as they become available.

S A V E

T H E

D A T E

2014 Fall Seminar September 22-24 Hyatt/Buffalo Niagara Convention Center

Erie County

www.nysac.org  41


NYSAC Goes Renewable: Connecting Counties with Solar Energy By Nicole Correia NYSAC Communication Coordinator

S

olar energy is making headlines across New York State. On April 24, 2014 Governor Cuomo announced a historic $1 billion commitment to NY-Sun, which will significantly expand deployment of solar capacity, transforming New York’s solar industry. Other statewide policies have been enacted to make it easier for local governments to install solar generating equipment and benefit from making their own energy sustainably and locally. In 2013, the Public Service Commission (PSC) adopted new rules that allow what is known as “remote net metering.” That means renewable electric power, generated by small hydroelectric and solar facilities, can be sold to customers even if the generating units are located some distance from the customer’s facility. Before these rules, solar panels, for instance, had to be installed on the premises, such as on the rooftop, which limited their use by local governments. Now, solar arrays can be miles away and can generate electricity in excess of the account’s needs, yielding a credit from the local utility. The PSC’s new rule to encourage investment in renewable energy, coupled with funding allocations by the state and other incentives, have created a perfect environment to expand solar in New York State.

42  N YSAC News Sprin g /S um m er 201 4

Local governments are among those exploring the possibility of solar use amidst all of the incentives and opportunities. NYSAC is connecting local government leaders with the information necessary to make an informed decision about their future solar energy investments. Some of the important things that counties need to know when exploring their options with solar are: 1.

Funding is available to completely mitigate the need for capital investment by your government. The New York State Energy Research and Development Authority (NYSERDA) issues competitive solicitations known as Program Opportunity Notices (PONs) to solicit projects to meet technical, economic, environmental, and other goals and objectives within a particular program area.

2.

The financing options vary depending on location and total energy usage across all electric accounts. There are incentives available for both small (25 kilowatt for residential customers and up to 200 kilowatt for commercial customers) and large scale (systems greater than 200 kw) users.

3.

NYSAC, in partnership with the Municipal Electric and Gas Alliance, has vetted and selected a preferred company for local governments to use, in compliance with municipal bidding law requirements. Using the MEGA procurement vehicle saves local governments the cost and time associated with performing a separate bid.

4. Solar energy is low cost renewable energy that can stabilize and lower your overall energy costs for up to 20 years. New Yorkers have all felt the pain of recent increases in electricity costs. The energy markets in New York State have been unpredictable and many local government customers were the victims of volatile price spikes that blew through budgets in the late winter months. Investing in solar protects against future price fluctuations by providing the means to generate your own electricity locally. NYSAC continues to work to connect local government leaders with information about how to make solar energy a part of your county’s long-term energy plan. Please reach out to us if we can provide additional information, technical assistance, or connect you to opportunities in your region.


Summertime: County Fair Season in New York State

Nothing says summer like the county fair, and New York’s counties will host dozens of fairs this summer. Visit the New York State Association of Agricultural Fairs website (www.nyfairs. org/) for more information and details for each fair.

Oswego County Fair

July 2-6

Sandy Creek

http://www.oswegocountyfair.com

Goshen Historic Track

July 3-6

Goshen

Cortland County Junior Fair

July 8-12

Cortland

http://www.cortlandfair.org

Yates County Fair

July 8-12

Penn Yan

http://www.yatescountyfair.org

Tioga County Fair

July 8-12

Owego

Jefferson County Fair

July 8-13

Watertown

http://www.jeffcofair.org

Afton Fair

July 9-12

Afton

http://www.theaftonfair.com

Cayuga County Fair

July 10-13

Weedsport

http://cayugacountyfair.org

Madison County Fair

July 10-13

Brookfield

http://www.madisoncountyfairny.com

Allegany County Fair

July 14-19

Angelica

http://www.alleganycountyfair.org

Genesee County Fair

July 15-19

Batavia

http://www.gcfair.com

Hemlock Fair

July 15-19

Hemlock

http://www.hemlockfair.org

Lewis County Fair

July 15-19

Lowville

http://www.lewiscountyfair.org

Clinton County Fair

July 15-20

Morrisonville

http://www.clintoncountyfair.com

Seneca County Fair

July 16-19

Waterloo

http://www.senecacountyfairny.com

Orleans County 4-H Fair

July 21-26

Albion

http://www.orleans4-hfair.com

Chautauqua County Fair

July 21-27

Dunkirk

http://www.chautauquacountyfair.org

Ontario County Fair

July 22-26

Canandaigua

http://www.ontariocountyfair.org

Broome County Fair

July 22-27

Whitney Point

http://www.broomecountyfairny.com

Saratoga County Fair

July 22-27

Ballston Spa

http://www.saratogacountyfair.org

Boonville-Oneida County Fair

July 22-28

Boonville

http://www.frontiernet.net/~boonvillefair

Greene County Youth Fair

July 24-27

Cairo

Cattaraugus County Fair

July 28-Aug 3

Little Valley

http://www.cattarauguscofair.com

Chemung County Fair

July 29-Aug 3

Horseheads

http://www.chemungcountyfair.com

Gouverneur & St. Lawrence County Fair

July 29-Aug 3

Gouverneur

Otsego County Fair

July 29-Aug 3

Morris

http://www.otsegocountyfair.org

Ulster County Fair

July 29-Aug 3

New Paltz

http://www.ulstercountyfair.com

Niagara County Youth Fair

July 30-Aug 3

Lockport

http://www.cceniagaracounty.org/mark-your-calendar

Monroe County Fair

July 31 - Aug 3

Henrietta

http://www.http://mcfair.com

Franklin County Fair

Aug 2-10

Malone

http://www.frcofair.com

Chenango County Fair

Aug 5-10

Norwich

http://chenangocountyfair.homestead.com

Erie County Fair

Aug 6-17

Hamburg

https://www.ecfair.org

Wyoming County Fair

Aug 9-16

Pike

http://www.wyomingcountyfair.org

Delaware County Fair

Aug 11-16

Walton

http://www.delawarecountyfair.org

Wayne County Fair

Aug 11-16

Palmyra

http://www.waynecountyfair.org Continued on page 44

www.nysac.org  43


County Fairs throughout New York State Continued from page 43

Altamont Fair

Aug 12-17

Altamont

http://altamontfair.com

Herkimer County Fair

Aug 12-17

Frankfort

http://www.herkimercountyfair.org

Steuben County Fair

Aug 12-17

Bath

http://www.steubencountyfair.org

Essex County Fair

Aug 13-17

Westport

http://www.essexcountyfair.org

Grahamsville Little World’s Fair

Aug 14-17

Grahamsville

http://www.grahamsvillefair.com

Washington County Fair

Aug 18-24

Greenwich

http://www.washingtoncountyfair.com

Dutchess County Fair

Aug 19-24

Rhinebeck

http://dutchessfair.com

Trumansburg Fair (Tompkins County)

Aug 19-24

Trumansburg

http://www.trumansburgfair.info

Livingston County Fair at Caledonia

Aug 20-23

Caledonia

http://livingstoncountyfair.org

New York State Fair

Aug 21- Sept 1

Syracuse

http://www.nysfair.org

Fonda Fair

Aug 26-Sept 1

Fonda

http://www.fondafair.com

Columbia County Fair

Aug 27-Sept 1

Chatham

http://www.columbiafair.com

Schaghticoke Fair

Aug 27-Sept 1

Schaghticoke

http://www.schaghticokefair.com

Long Island Fair

Sept 27-28; Oct 2-5

Old Bethpage

http://www.lifair.org

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44  N YSAC News Sprin g /S um m er 201 4

1.800.264.PIKE

www.thepikecompany.com


Affiliate Focus: The Office of Clerk to the County Legislature

A

lthough the “official” title may vary from county to county, depending upon whether you are a chartered or non-chartered county, the office and position of Clerk to the Board is a requirement under Article 10, Section 475 of County Law. The Clerk is an appointed position and reports directly to the county legislature. Duties are wide and varied among all counties in this state. Clerks have pledged to be ever mindful of their neutrality and impartiality while rendering equal service to all. The Clerk provides a full range of clerical and administrative support services, as well as performs an intermediate service, rather than one that can be measured as an end product. This department provides a facilitating service at the legislative level which makes it of primary importance to the operation of the county.

The Clerk Keeps the Train on Track and On Time There are many routine tasks and responsibilities throughout the year performed by the Clerk and his or her staff. The Clerk is specialized in agendas, minutes, resolutions, local laws, records maintenance, and most anything else “under the hood.” The expertise of the Clerk is “called upon daily for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends this office pulls together.” Education, training, and networking are all critical to having a proactive, well-informed and astute Clerk. Hence, advocating for education specific to the needs of the Clerk to your Legislature is vital. Opportunities exist throughout the state and your clerk should be encouraged to attend. Several resources for clerks are outlined below.

New York State Association of Clerks of County Legislative Boards. As a Past President of the NYSACCLB (2006-2008) I encourage all counties to allow their Clerks to attend our annual conference in May of each year. During each conference the Association promotes a standard of excellence to the Office of Clerk. It also assists new Clerks in the execution of their duties and responsibilities. The conference is a means for Clerks and staff to meet and discuss common interests and observations while giving stronger voice to the concerns and recommendations of Clerks in

By Karen DeMay Clerk to the Board, Ontario County Board of Supervisors the performance of their duties and responsibilities. The “Essential Training for Clerks” program developed by member clerks based on relative laws and directives along with our Clerks Guide, continues to be a beneficial educational tool. Networking with fellow clerks is an additional benefit. This year’s conference will be hosted by St. Lawrence County in Ogdensburg, New York, May 14, 15, and 16, 2014.

Cornell Municipal Clerks Institute This Institute is an excellent educational opportunity for municipal Clerks. It is held at Cornell University in Ithaca and is accredited by the International Institute of Municipal Clerks (IIMC). The Advisory Board Members and Institute Directors work hard to keep costs down while providing a program that is interesting, educational, and relevant to this profession. The Institute is held each summer for one week in July. Daily classes are held at the ILR Center. Class topics and training are tailored to municipal Clerks and local government officials. Clerks may work toward two levels of achievement; Certified or Master Municipal Clerk. This year’s Institute will be held July 13 through 17, 2014.

NYSAC / Pelletier Institute. As stated on NYSAC’s website, “The Pelletier County Government Institute is co-sponsored through a partnership with NYSAC and Cornell University and the Community and Regional Development Institute (CaRDI). With the guidance of the Pelletier Board of Directors, as well as Cornell/CaRDI’s Directors Dr. John Sipple and Rod Howe, NYSAC has worked to shape a strong curriculum to enhance the public service knowledge of all county officials.” This, too, is an excellent educational opportunity for your Clerk. In fact, the Clerks Association believes it is so valuable as to offer a core curriculum course annually at the May conference. Personal and professional development should be something everyone considers in their careers. It should be supported by each county. It is an asset to the county, the Clerk to the Legislature, and a secondary benefit to constituents and residents of your municipality. So many duties have expanded in part due to modern technology. To stay abreast of new processes many Clerks and deputies benefit from the aforementioned opportunities to learn new material and sharpen old skills. Please take a moment to recognize the vital and appreciated services performed by your Clerks and Deputy Clerks.

www.nysac.org  45


NYSAC Thanks the Sponsors of the 48th Annual County Finance School Special Event Sponsors

Silver Sponsors

Bank of America Merrill Lynch

Bonadio & Co. LLP, CPAs Consultants & More

Bond, Schoeneck & King PLLC

Ciaschi Dietershagen Little Mickelson & Company, CPAs

Jefferies LLC KeyBanc O’Connor Davies, LLP Public Employer Risk Management Association

First Niagara Bank Haylor, Freyer & Coon, Inc. J.P. Morgan Lumsden & McCormick, LLP

Roemer Wallens Gold & Mineaux LLP

M&T Bank

Siemens Infrastructure & Cities, Building Technologies

Municipal Electric and Gas Alliance, Inc.

Testone, Marshall & Discenza, CPAs

Nationwide Retirement Solutions NBT Bank POMCO Group

Gold Sponsors

Raymond F. Wager CPA, P.C.

ATC Taxes

Roosevelt & Cross Incorporated

Drescher & Malecki LLP

SaxBST LLP

Harris Beach PLLC

The NYSAuctions.com Team

New York State Health Insurance Program (NYSHIP)

Trespasz & Marquardt, LLP Tyler Technologies Venesky & Company

Thursday Dinner Sponsors Fiscal Advisors & Marketing, Inc. Hiscock & Barclay, LLP Jefferies LLC Orrick The NYSAuctions.com Team

46  N YSAC News Sprin g /S um m er 201 4


NYSAC Thanks the Sponsors and Exhibitors of the 2014 Legislative Conference Corporate Sponsor Siemens Industry, Inc.

Platinum Sponsors CSC Harris Corporation Pomco Group Towne, Ryan & Partners, P.C.

Fiscal Advisors & Marketing, Inc.

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

GHD

MCW Custom Energy Solutions Llc

Holland & Knight LLP

Microsoft

James Mcguinness & Assoc.

Motorola Solutions, Inc.

Laberge Group

Mrb Group Engineering, Architecture, Surveying, P.C.

Merscorp Holidings, Inc. Nationwide Retirement Solutions New World Systems O’Brien & Gere Pannone Lopes Devereaux & West LLC

Special Event Sponsors Bank Of America Merrill Lynch Barton & Loguidice, D.P.C. Hiscock & Barclay, LLP

Park Strategies LlLC Saxbst The Paige Group Wells Fargo Bank

Keybank Labella Associates, D.P.C. New York Municipal Insurance Reciprocal O’Connor Davies, LLP Perma Roemer Wallens Gold & Mineaux, Llp Salient HHS TD Bank, America’s Most Convenient Bank The Bonadio Group

Exhibitors

Aetna Auctions International, Inc. Clark Patterson Lee Gilberti Stinziano Heintz & Smith, P.C.

Araya AT&T Auctions International, Inc. B&H Photo, Video, Pro Audio Benetech Blue Springs Energy Capital Region Boces - Rx Discount Program Clark Patterson Lee Cornell Cooperative Extension

Roosevelt & Cross Incorporated

Fort Orange Press, Inc.

Trinity Services Group

Grassroots Environmental Education, Inc.

VMC Group, Inc.

Harris Corporation Hawkins Delafield & Wood LLP

Environmental Capital LLC

New York State Correctional Officers And Pba, Inc. New York State Deferred Compensation Plan NYS & Local Retirement System

Office Of The New York State Attorney General

Finger Lakes Technologies Group, Inc.

C&S Companies

New York Municipal Insurance Reciprocal

Amplifund Public Sector

EBS Rmsco

BNY Mellon

New York Health Insurance Program (NYSHIP)

NYS Public Service Commission

Rocky Mountain Offender Management Systems

Bette Construction Group / Cogen Power Technologies

New York Environmental Protection & Spill Compensation Fund

Albany County Convention & Visitors Bureau

CSC

Bernier, Carr & Associates

Nationwide Retirement Solutions

NY’s 529 College Savings Program/Upromise

Jefferies LLC

Silver Sponsors

National Association Of Counties, NACo

Aeon Nexus Corporation

Bbl Construction Services

Gold Sponsors

Municipal Electric & Gas Alliance, Inc.

Health Economics Group, Inc. Hunt Engineers, Architects & Land Surveyors, P.C. Impact Labella Associates, D.P.C. Lamont Engineers Lend Lease (Us) Construction Inc.

Office Of U.S. Senator Kirsten E. Gillibrand PERMA PFM Financial Services, LLC Pomco Group Proact, Inc. Rocky Mountain Offender Management Systems Roemer Wallens Gold & Mineaux, LLP Siemens Industry, Inc. Shoretel Smrt Architects And Engineers, PC Solarcity Superior Telephone Systems TD Bank, America’s Most Convenient Bank Tectonic The Lancaster Group The NYSauctions.Com Team The Pike Company Tower Capital Management Towne, Ryan & Partners, P.C. Visit Buffalo Niagara VMC Group, Inc. Wendel WMR Services, LLC

www.nysac.org  47


Local Laws Mental Health, Tobacco, Beet Brines, and Phone Books By Patrick Cummings Assistant Counsel, New York State Association of Counties

Suffolk County Resolution Calls for Study of Utilizing Beet Brine for Road Ice Removal On March 14, Suffolk County passed a resolution directing the Department of Public Works to study the use of alternative solutions for roadway ice and snow removal. Specifically, the resolution calls for a study of the feasibility of using beet-based brines as opposed to the more traditional salt brine. The resolution states that sugar beets have proven to be an unlikely but effective road maintenance tool, and due to dwindling local salt supplies and a harsh winter this study is timely. The study could ultimately lead to taxpayer savings and government efficiencies. The findings of this study will be delivered to the County Executive and the County Legislature within 90 days of the effective date of the resolution.

Suffolk County Passes Local Law Restricting Tobacco and E-Cigarette Sales Suffolk County has adopted a local law raising the legal age for the sale of tobacco, tobacco-related products and e-cigarettes. The legal age of sale within the county was increased from 19 to 21 years of age. In addition to raising the age to purchase e-cigarettes, this law prohibits the use of e-cigarettes in all areas of the county already banning tobacco use. The law requires local business that sell tobacco or tobacco-related products to prominently display the new minimum sale age. Any business in violation of any section of this local law will receive a fine of between $300.00 and $1,000.00 for the first offense and between $500.00 and $1,500.00 for any subsequent offensives.

Albany County Introduces Legislation Aimed at Reducing Telephone Directory Waste In February, the Albany County Legislature held a hearing on proposed legislation with the goal of reducing unwanted telephone directories and environmental waste associated with the product. The bill cites a 2006 EPA study that found that for every ton in reduction of phone book generation, 1.72 metric tons of carbon equivalent greenhouse gas emissions are eliminated.

Counsel’s Corner

48  N YSAC News Sprin g /S um m er 201 4

If passed, the legislation would require distributors to ensure all telephone directories delivered in Albany County to be printed on recyclable paper and that the inks used cannot contain toxic materials. Additionally, the law would require distributors to ensure all telephone directories contain a clear notification to the end-users of a mechanism by which the resident can opt-out of receiving future directories. If, upon receiving the request from the resident, he or she no longer desires directories, the distributor must comply with such request. Failure to comply with such opt-out requests could be punishable by a fine not to exceed $500.00 for a single violation and not more than $2,500.00 for multiple violations resulting from the same act; or imprisonment not to exceed 15 days in jail.

Rockland County Passes Local Law Strengthening the Local Government’s Ethics Code On January 21, the County of Rockland adopted a law to clarify and strengthen their existing Ethics Code. The amendments clarify that Board of Ethics meetings and proceedings are open to the public in accordance to Open Meetings Law; and that the following Ethics Board documents are available for public inspection: 1) notices of delinquency; 2) notices of reasonable cause; 3) notices of civil assessment; 4) financial disclosure filings. This local law permits all county employees who are required to file financial disclosures and conflict forms (including elected officials, officers, political party officials and every candidate for county elected office) to sign and file these forms electronically with the Board of Ethics. This procedure could allow for a more efficient and organized system.

Ulster County Adopts Local Law Establishing the Ulster County School-Based Mental Health and Safety Act The Ulster County Legislature found that academic success is less likely for students suffering from mental health issues when inadequate mental health services are available. This Ulster County local law was developed to increase mental health services for youth. The legislation directs the commissioner of the Ulster County Mental Health Department to conduct a study, every three years, on the state of student mental health, its impact on academic success, and input on actions that could help with this issue. The results of the study are to be presented to the county legislature.


NYSAC Scenes: Advocating for Counties

Stephen Acquario , NYSAC Peter Ba Executiv ynes, NY e Directo C OM Exe r, and property c utive Dir tax pres ector, at s confer a ence in M arch. iews for ts interv c u d n o c ne ns. rk LaVig ssociatio ector Ma nicipal a ir u D m ’s ty u Y p De ing N NYSAC nt featur t an eve a V T C NYSA

poli DiNa s io a m onad ho ler T the B l f o r o t p za Com Maz State Nick h t i t) w (righ p. Grou

hCounty Hig ins the NYS jo , r) . e nt in e IPS fund g ector (c call for CH Deputy Dir C to A rs S e Y d N a , le ne state Mark LaVig ociation and ndents Ass e get. nt ri e up te S way the sta bud included in s a w re su The mea

NYSAC’s Stephe n Acquario and Patrick Cumming Cayuga County s met with the Legislature.

State Co mptrolle r Thoma Saratog s DiNapo a County li (right) Treasure with presiden r Sam Pit t of the C cheralle, o u n ty Treas Officers urers an Associati d Financ on. e



Dental Card Program Help your constituents save on dental care. The card is for: • • •

Employees of small businesses Retirees Unemployed individuals and their families Recent college graduates and young adults Anyone not covered by a dental plan

• •

Lower Costs. Brighter Smiles. To enroll your county, visit www.nysac.org or call Health Economics Group at 1-800-666-6690 ext. 505

We put the power behind the power.

It starts with a

‘‘

’’

conversation with Constellation.

As an energy manager, do you sometimes feel, well, powerless? Mandates and reporting requirements are escalating. You’re asked to do more with less. And you’re expected to be both innovative and cautious. Constellation knows what you’re up against because we’ve served more than 380 public sector customers over a span of 30 years. From consumption to conservation, from financing strategies to neutral budgeting, we provide a full ecosystem of energy products and solutions. If you’re ready to feel empowered, have a conversation with Constellation.

www.constellation.com/government © 2013. Constellation Energy Resources, LLC. These materials are provided by Constellation NewEnergy-Gas Division, LLC and Constellation NewEnergy, Inc. Any offerings described herein are those of either Constellation NewEnergy-Gas Division, LLC or Constellation NewEnergy, Inc., affiliates of each other and subsidiaries of Exelon Corporation. Brand names and product names are trademarks or service marks of their respective holders. All rights reserved. Errors and omissions excepted.


THE NEW YORK COUNTY MUNICIPAL BENEFIT CONSORTIUM A NYSAC/POMCO GROUP PARTNERSHIP

Healthy Employees. Healthy Benefits Budget. Finally, an innovative option for traditional health insurance that provides you with the power of self-funding and the risk protection you require. With the cost of employee benefits averaging nearly 31% of compensation costs and counties facing increasing budgetary constraints, the need to control health care costs has never been more necessary. To address this need, NYSAC has partnered with one of the nation’s largest benefits administrators, POMCO Group, to develop the New York Municipal Health Benefit Program, which gives the ability to join together and self-fund health plans that include the most effective levels of risk protection.

The New York Municipal Health Benefit Program (NYMHBP) provides counties with the following: • Customized Plans: health plan designs that are fully customized to meet individual county needs (including union components) and budgets. • Consortium Benefits: counties can establish a consortium with other counties and/or municipalities to reduce costs and minimize risk. • Reduced Plan Costs: plan costs exclude fees for insurance carrier profits and overhead costs, therefore, a larger percentage of expenses is contributed toward health care claims. • Increased Cash Flow: any unused funds at the end of the year are retained by the organization, not the insurance carrier. • Enhanced Risk Protection: the risk of large dollar claims is offset by increasing group size. • Excellent Service: organizations and members will be serviced by POMCO Group’s exceptional client and customer service teams. • NYSAC Partnerships: participating organizations will have access to additional discounts via other NYSAC partners.

For additional information or to see how the New York County Municipal Benefit Consortium can reduce your health insurance costs, contact us today!

Mark LaVigne NYSAC, Deputy Director 518.465.1473 | mlavigne@nysac.org Stacey Hotaling POMCO Group, Director of Business Development 315.432.9171 | shotaling@pomcogroup.com


FORM A STRATEGIC ALLIANCE WITH AN FHLBNY LETTER OF CREDIT Are you familiar with the Federal Home Loan Bank of New York's (FHLBNY's) Letter of Credit (L/C) program? An FHLBNY L/C is a triple-A-rated credit instrument that offers local community banks an attractive alternate way to secure your public deposits. Under New York law, commercial banks and qualied savings and loans or savings banks may utilize an FHLBNY L/C as eligible collateral. MUNICIPALITY

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Benets of accepting FHLBNY L/Cs: »No cost to you

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»Approved by the state

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FHLBNY L/C

»Immediate pay on draw certicate

MEMBER

Visit www.fhlbny.com/lc to learn all about L/Cs — view a sample L/C, the laws governing L/Cs, the issuance process, and related articles. Here you can also submit a request for a list of participating FHLBNY members in your area.

@

FEDERAL HOME LOAN BANK OF NEW YORK . 101 PARK AVENUE . NEW YORK, NY 10178 . (212) 441-6700 . WWW.FHLBNY.COM


Bond Basics for Counties in New York State

Bond Basics for Towns, Villages and Cities in New York State

Bond Basics for School Districts in New York State

douglas e. goodfriend and thomas e. myers

Bond Basics for Library Districts and Other Municipal Libraries in New York State

Bond Basics for Fire Districts in New York State

douglas e. goodfriend and thomas e. myers

thomas e. myers and douglas e. goodfriend douglas e. goodfriend and thomas e. myers

thomas e. myers and douglas e. goodfriend

The Nation’s Top Public Finance Law Firm Orrick is bond counsel to counties and local governmental entities throughout New York State. We provide cost effective and prompt partner attention to all of our clients. Douglas Goodfriend and Thomas Myers have more than 50 years of combined experience in public finance matters, and have authored the “Bond Basics” series of primers for counties, towns, villages and cities, school districts, public libraries and fire districts, in New York State. To obtain free copies of any of these books, contact publicfinance@orrick.com. Thomas E. Myers 212-506-5212 • tmyers@orrick.com

Douglas E. Goodfriend 212-506-5211 • dgoodfriend@orrick.com

orrick, herrington & sutcliffe llp los angeles new york orange county portland sacramento san francisco seattle silicon valley washington dc

publicfinance@orrick.com • www.orrick.com • 51 West 52nd Street | New York, NY 10019-6142 | tel 212-506-5000 Attorney advertising. As required by New York law, we hereby advise you that prior results do not guarantee a similar outcome.

www.orrick.com


NYSAC Payment Solutions The NYSAC Payment Solutions (P-Card) Program, administered by PFM Financial Services LLC (PFM), is a cost-free payments mechanism, which reduces the typical requisition process and related costs associated with purchasing materials and services. The base of the Payment Solutions program, which is a special type of credit card, streamlines the purchase of supplies, furniture, construction materials, utilities and much more, saving staff time and money for your entity.

Benefits

Lower Costs, Improved Technology And Access

n NO COST to sign up n Rebates on 100% of dollars spent n Reduced check writing costs n Expedited payment to vendors (24 - 48 hours) n Reduced paperwork for requisitions, purchase

orders and invoices n With five cards or more, you receive employee

misuse insurance of $100,000 per cardholder; with two to four cards, $25,000 per cardholder under MasterCard’s MasterCoverage©

The premier web-based management technology solution streamlines administrative functions and provides online access to all cardholders 24/7/365. It features multi-level access where your entity’s administrators can setup permission levels for each user. It allows for users to view/modify transactions, run and view over 100 standard and custom reports, and export report data. Online access to information on all transactions is available within 24 to 48 hours of a purchase.

PFM Added Value

n $0 liability for lost or stolen cards

n Sample policies and procedures manual

n Ensures quick startup - program implemented 6

n Additional support to program administration

to 8 weeks from the receipt of application n Best suited to clients who will spend more than

$100,000 annually on goods and services

Cash Rebates Participants in the NYSAC Payment Solutions Program receive cash rebates on their purchases if the aggregate annual spend on the card equals or exceeds $50,000. The more items purchased using the card, the greater the rebate percentage. Rebates are calculated on 100% of aggregate spending on the P-Card and include all large-ticket items. All purchases are eligible for the rebate. Mark LaVigne, Deputy Director New York State Association of Counties 540 Broadway, 5th Floor Albany, NY 12207 P: 518.465.1473 • C: 518.429.0189

through presentations and webinars n Quarterly spend reports with projected annual

spend and rebate, plus next level spend and expected rebate n Quarterly newsletter n Targeted mailings throughout the year to

highlight best practices which will help maximize the value of your program n Email bulletins on current P-Card

changes/initiatives and updates to online system

Kelly Smaldone, Senior Managing Consultant PFM Financial Services LLC Airport Corporate Center One Corporate Drive, Suite 101 • Bohemia, NY 11716 P: 631.580.6258 • C: 631.553.5916 Toll Free: 800.356.5148 • F: 888.356.3188

PFM ®


NYSAC Endorses MEGA to serve local energy needs

Put the Power of MEGA to work for you!  Reduce the cost of energy  Meet all public bidding requirements  No cost to participate  Created by local leaders to serve local government

Contact us today.

“MEGA and NYSAC... a natural partnership.” – Steve Acquario Executive Director, NYSAC

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

Are Your Facilities Leaking Energy? When money to run your county is tight, you can’t afford to waste a drop!

Drafty Windows and Doors Lights on 24/7 Failing Wastewater or Water Treatment Plants Aging HVAC Units Gas Guzzling Municipal Fleets and the list goes on... Fixing these energy ‘leaks’ can save you thousands of dollars. And that money can be used to fund improvements without raising taxes. ENERGY PERFORMANCE CONTRACTING | ALTERNATIVE FUELS/CNG | WATER/WASTEWATER SYSTEMS Call Keith Krug, CEM at 1.877.293.6335 wendelcompanies.com ARCHITECTURE | ENGINEERING | PLANNING | ENERGY SERVICES | CONSTRUCTION MANAGEMENT


Hear that? We do. What you say matters. At O’Connor Davies, we believe that listening plus expertise equals understanding. For more than sixty years, O’Connor Davies has specialized in providing accounting, auditing and budget consulting services to governments and agencies at the local, State and National levels. As the premier provider of government accounting services in the New York Metropolitan area, we have significant experience providing services that are tailored to the specific needs of governmental entities. Government Accounting Services: Audit and Tax Management Advisory Services Budget Consulting Services Organizational Studies Information Technology Consulting Employee Benefit Plans Health Care Services Not-for-Profit Services Financial Studies

Nicholas DeSantis, Partner Susan M. Barossi, Partner Domenick Consolo, Partner

www.odpkf.com

914.421.5600

EFFECTIVE AND EXPERIENCED LEGAL EXPERTISE FOR MUNICIPALITIES AND PUBLIC AGENCIES INFRASTRUCTURE • PROCUREMENT • FINANCING

Teno A. West

Josh J. Meyer

PARTNER

PARTNER

cell 917 922 6226 twest@pldw.com

direct 914 898 2429 jmeyer@pldw.com

Municipal Law • Solid Waste Management • Water/Wastewater Law Public-Private Partnerships • Public Construction • Public Finance Civic Facilities • Sports Facilities • Renewable Energy Real Estate • Labor and Employment • Land Use and Development 81 Main Street, Suite 510 White Plains, NY 10601 tel 914 898 2400

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250 Park Avenue, 7th Floor New York, NY 10177 tel 866 353 3310

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RHODE ISLAND

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Legal concerns have you going in circles?

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

Towne, Ryan & Partners, P.C. provides legal advice and defense to municipalities and school districts across New York State. • Approved counsel for numerous insurance carriers • Labor and employment issues, including contract negotiations, arbitrations, union matters and training • Civil rights defense

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

• Defending EEOC and Division of Human Rights claims • Progressive discipline • Open Meetings Law and Executive Session • FOIL issues and opinions • Tax Certiorari matters (Article 7 grievances) • PILOT issues • Real estate, zoning and planning matters • Article 78 and civil service law proceedings

• 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, public employers may visit our web site at www.cs.ny.gov or call the Employee Benefits Division of the New York State Health Insurance Program at 518.485.1771 New York State Department of Civil Service, Employee Benefits Division

Let us show you why we are a trusted partner for so many. Contact us today.

www.townelaw.com 450 New Karner Road, Albany, NY 12205 | 518.452.1800 Saratoga Springs, NY | Poughkeepsie, NY Burnt Hills, NY | Cobleskill, NY | Bennington, VT Attorney Advertising. Prior results do not guarantee a similar outcome.


Registered Municipal Advisors Serving New York State Municipalities Since 1967

Nicholas DeSantis, CPA Partner O’CONNOR DAVIES, LLP 500 Mamaroneck Avenue, Suite 301, Harrison, NY 10528 T: 914.421.5637 | F: 914.381.8910 www.odpkf.com ndesantis@odpkf.com

Bond & Note Issues  Refunding Bond Issues  Lease Financings  EFC Short and Long Term Financings  Energy Performance Contract Financing  Credit Rating Assistance  Accounting & Bookkeeping Services  Cash Flow Borrowings  Continuing Secondary Market Disclosure CENTRAL NEW YORK CORPORATE HEADQUARTERS 120 Walton Street, Suite 600, Syracuse, NY 13202 Phone (315) 752-0051  Fax (315) 752-0057 John Shehadi, CIPFA – jshehadi@fiscaladvisors.com Mark Vislosky, CIPFA – mvislosky@fiscaladvisors.com CAPITAL REGION LONG ISLAND REGION Jeanine Rodgers Caruso, CIPFA Mary Jo Bella jcaruso@fiscaladvisors.com mbella@fiscaladvisors.com (518) 383-3602 (516) 433-8555 WESTERN NY Kelly Lathan klathan@fiscaladvisors.com (585) 502-5010

www.fiscaladvisors.com

Founding firm member of the National Association of Independent Public Finance Advisors

NEW YORK STATE ASSOCIATION OF COUNTIES

Fall 2014 NYSAC News Magazine Deadline Date • September 30 Submit articles of 750 words to mlavigne@nysac.org To advertise, contact Juanita Munguia atjmunguia@nysac.org


PRSRT STD U.S. POSTAGE PAID ALBANY, NY PERMIT # 695

540 Broadway, 5th Floor Albany, NY 12207

18876 NYSAC Ad_Layout 1 3/24/14 2:06 PM Page 1

Cut costs without cutting what’s important.

It’s possible with Pharmacy Benefit Dimensions. As health care costs continue to rise, counties are forced to consider unfavorable reductions to benefits and staff. But with the right tools in place, you can reduce the cost of your pharmacy benefits and help prevent such cutbacks. With Pharmacy Benefit Dimensions, every customer has been able to significantly reduce their pharmacy costs by an additional 15–25 percent in just one year.

Learn more about how your county can save with Pharmacy Benefit Dimensions. Visit pbdrx.com or call us at 1-800-667-5936.

©2014 Independent Health’s Pharmacy Benefit Dimensions, LLC IH18876


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