2018 Legislative Guide: NYSAC News Winter 2018 by NYS Association of Counties

NEW YORK STATE ASSOCIATION OF COUNTIES

2018 Legislative Guide

Volume 39, Issue 1 | Winter 2018

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President’s Page NYSAC OFFICERS Hon. MaryEllen Odell, Putnam County President Charles H. Nesbitt, Jr., Orleans County President-Elect Hon. Scott Samuelson, Sullivan County First Vice President Hon. William E. Cherry, Schoharie County Immediate Past President

MEMBERS Hon. Steven Bellone, Suffolk County www.suffolkcountyny.gov Philip R. Church, Oswego County www.oswegocounty.com Hon. Cheryl Dinolfo, Monroe County www.monroecounty.gov Hon. John LaPointe, Washington County www.co.washington.ny.us Hon. Jack Marren, Ontario County www.co.ontario.ny.us Hon. Daniel P. McCoy, Albany County www.albanycounty.com Hon. Marcus Molinaro, Dutchess County www.dutchessny.gov Hon. Mark C. Poloncarz, Erie County www2.erie.gov Hon. Martha Sauerbrey, Tioga County www.tiogacountyny.com Hon. Bill de Blasio, Office of the Mayor NYC www.nyc.gov

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

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

From the NYSAC President, MaryEllen Odell

appy New Year! It is my pleasure and honor to welcome nearly 200 newly elected county leaders into the New York State Association of Counties in 2018. NYSAC represents, educates, advocates for, and serves all of New York’s 57 counties and New York City, with its five boroughs. My priority as the president of NYSAC is to make sure that all of our members are working together, from the smallest county—Hamilton, with 5,000 year round residents, to our largest member—New York City, with 9 million residents. These are challenging times for local governments across the state, and that’s why it is more important than ever that we all work together. With a looming state deficit and changes at the federal level, local government leaders are likely to see fewer and fewer resources, while we continue to work to provide critical quality of life programs and services in our communities. These are our primary issues of concern and interest to county government officials as state lawmakers begin negotiating the 2018-19 State Budget. Counties need new opportunities and flexibility as we manage and fund state-mandated programs, and we need a greater array of tools that will help us share services between and among counties, municipalities, school districts, and BOCES across

the state, especially as state leaders look to make the county-wide shared service panels permanent this year. While the full impact of Federal Tax Reform will not be known for a couple of years, it is incumbent on state and local officials to do everything in our power to reduce the tax burden on New Yorkers. It has been said over and over again that New York is a high-taxed state. As a County Executive who enacts our county budget every year and administers and funds many statemandated programs, I know firsthand that we are a high taxed state. The fault is not solely the property tax. It is the method New York has devised to pay for state programs. The state is overly-reliant on local property taxpayers to pay for state services, including Medicaid, social services, and our school systems. Until and unless state and local leaders accept this fact and address this arcane way of funding services in New York State, we will continue to be overtaxed. As our Association continues to implement our advocacy efforts, as we provide our State Budget testimony, and we all gather at the NYSAC Legislative Conference, we will all be working closely together to see how we can best defend the local taxpayers who will be footing the bill for the challenges coming from state and federal budgets.

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Director's Note NYSAC STAFF (partial listing) Stephen J. Acquario, Esq. Executive Director Karen Catalfamo Office/Financial Manager Nicole Correia Communication Coordinator Patrick Cummings, Esq. Counsel Jackie Dederick Records Manager Patricia Gettings Assistant to the Director Katie Hohman Legislative Director Alexandra LaMonte Research Analyst Mark LaVigne Deputy Director Dave Lucas Director of Finance & Intergovernmental Relations Juanita Munguia Marketing Specialist Kate Pierce Communications Intern Jeanette Stanziano Director of Education & Training Patrick Thornton Office Clerk

From the Executive Director, Stephen J. Acquario

s we embark on a new year, we especially welcome our newly elected county officials to our membership. It is an honor to serve the public, a position that is entrusted to act for the public good. We also welcome back all other elected officials and salute them as they continue to valiantly serve their communities. 2018 will be a tough year, filled with uncertainty surrounding our state’s budget and its $4 billion deficit, and the impact that federal tax reform will have in our state. There is a tremendous amount of uncertainty in government at all levels. This is a complicated moment in our history. It is a time when leaders at all levels of government need to stand up for the people of this great state and protect our communities, positioning them for a better tomorrow. At your Association of Counties, we take pride in our continued hard work to support your work and to advocate—in Albany and Washington—for the issues that impact all of our members.

Our purpose comes with our positions, and we bring that purpose to our jobs each and every day. We are here to make our communities better places to live, work, and raise our families. NYSAC and our member counties continue to improve government operations, to find ways to save local dollars, and to act on behalf of the best interest of local taxpayers. For 93 years, NYSAC has worked on behalf of the elected and appointed officials who serve their communities. Together with our members, we work to solve the challenges that we face on any given day, during any given State Legislative Session, and in any given year. Therefore, while we face this complicated moment in our history, we do so together. We are a diverse association of local leaders committed to making New York and our communities stronger than when we came into office. And I am confident that through our collective efforts we will succeed. There is no other alternative.

www.nysac.org

NEW YORK STATE ASSOCIATION OF COUNTIES

PUB L IS H ED 3 TIMES A YEAR President • Hon. MaryEllen Odell Publisher • Stephen J. Acquario Managing Editor • Mark F. LaVigne Editor • Nicole M. Correia Advertising Staff • Juanita Munguia NYSAC’s mission is to represent, educate, advocate for, and serve member counties at the federal and state levels. Published 3 times a year by the New York State Association of Counties (NYSAC), the NYSAC News is the official publication of NYSAC, a non-profit, municipal association serving the 57 counties of New York State and the City of New York with its five boroughs for over 90 years. NYSAC’s mission is to represent, educate and advocate for member counties at the federal and state levels.

NYSAC NEWS MAGAZINE 540 Broadway, 5th Floor, Albany, New York 12207 Phone • (518) 465-1473 Fax • (518) 465-0506 Send submissions to ncorreia@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.

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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.

N YSAC Winter 2 0of 1 8Counties 2018© YorkNews State Association 10 New

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Table of Contents Cover Photo: NYS Capitol Photo credit: Kate Pierce

Winter 2018

NYSAC News • Volume 39, Issue 1

NYSAC Informs with e-news publications: The County Perspective Emailed every week during the Legislative Session. Highlights county-related issues and activities that are taking place in Albany. Counties in the News Daily news updates from counties across the state, compiled by NYSAC and delivered to your inbox every day. To sign up visit www.nysac.org

Target Your Market!

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

16 17 18 21 24 25 26 27 28 29

Meet the NYSAC Board of Directors NYSAC: Providing Training and a Collective Voice for New York's Counties Meet Your NYSAC Team Welcome, Newly Elected County Officials! Connect with NYSAC: NYSAC.org and Social Media Clarifying your County’s Vision, Mission, Core Values, and Core Behaviors NYSAC’s Advocacy Timeline

NYS Legislative Session Calendar

Federal Tax Reform– Now What? 2018 Legislative Program special pull-out page

34 35 38

Raising the Age of Criminal Responsibility – Update Risk Assessment: Your Most Critical Control NYSAC Census Update

Moving the Barometer: Overcoming Barriers to Shared Services in Local Government

National Issues of Concern to Counties in 2018: Helping Election Boards Protect Voting Systems

43 44 46 49

Counsel’s Corner: Local Laws Steuben County Looks to Youth to Build the County’s Future Energy Performance Contracting: A Case Study from St. Lawrence County

Advertiser Index

jmunguia@nysac.org www.nysac.org

About NYSAC

Thank You 2017-2018 NYSAC Partners! NYSAC extends a special thank you to our 2017-2018 partners. They support NYSAC's mission and enable us to advance the valuable programs and services we provide to our members in county government.

EXCELSIOR PARTNERS ASSOCIATE PARTNERS

Enterprise Fleet Management

PFM Financial Services, LLC

Envision Strategy, LLC

PKF O'Connor Davies, LLP

GovPilot

ProAct, Inc.

Health Economics Group, Inc.

Relph Benefit Advisors

Jefferies, LLC LAM Development

Roemer Wallens Gold & Mineaux, LLP

Lyft

Strategic Response Initiatives, LLC The Bonadio Group - CPA's Consultants & More

$7,500 Level

$2,000 Level

Airbnb

AHI

American Promotional Events

Auctions International, Inc.

KeyBanc Capital Markets

Axon

New York State Technology Enterprise Corporation (NYSTEC)

Barclay Damon, LLP

NYMIR

Bragar Eagel & Squire, P.C.

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

Renovate America, Inc.

BST & Co. CPA's, LLP

Maser Consulting P.A.

The Cicala Law Firm PLLC

SecureWatch 24

C&S Companies

Transmission Developers, Inc.

Simmons Recovery Consulting

CanaRx Group, Inc.

Municipal Electric & Gas Alliance Inc.

Solix, Inc.

Crown Castle

Nationwide

U.S. Communities Government Purchasing Alliance

CSRA, Inc.

NYSERDA

Venesky & Company

Barton & Loguidice, D.P.C.

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About NYSAC

NYSAC Snapshots

Above: NYSAC staff attended Cornell University's conference on â&#x20AC;&#x153;State Austerity and Local Fiscal Stress."

Albany County Executive Daniel P. McCoy received the County Leader of the Year award from American City & County Magazine.

NYSAC Legislative Director Katie Hohman and NYSAC members attended a Washington, D.C. fly-in to preserve the State & Local Tax Deduction.

Above: Acquario and County Executive Kathy Jimino met with Congressman Paul Tonko this past fall. Bottom: Acquario and Hamilton County Chair William Farber discuss Proposition 3, extending land banks to the Adirondack and Catskill parks.

Clockwise from top: U.S. Senate Democratic Leader Schumer met with NYSAC Executive Director Acquario regarding SALT. NYSAC staff met with Assemblymember Jones on county priorities in the NYS Legislative Office Building. Acquario with Judge Kate Hogan at the NY Court of Appeals State of the Judiciary.

Above: NYSAC's Board of Directors met at the NYSAC office in December. Right: NYSAC Research Analyst Alex LaMonte and Deputy Director Mark LaVigne at the NYS Capitol. www.nysac.org

Control Your Energy Costs

Participation in the Municipal Electric and Gas Alliance, Inc. (MEGA) puts your buying power

Did You Know?

together with hundreds of other municipalities and public agencies to leverage the best terms for electric and natural gas supplies, and other energy services.

Put the Power of MEGA to Work for You! • Curtailment Services—get paid to cut usage • Community Choice Aggregation—Towns, Villages and Cities can help residents save • Electric and natural gas supply—no cost to participate, better rates, comply with NYS bidding rules • Access to professional energy consultants at no cost • Renewable power programs • Easy sign up—save staff time and stabilize budgets

• NYSHIP is available to virtually all public employers across New York State • Over 800 counties, cities, towns, villages, school districts and special districts participate in NYSHIP • More than 1.2 million public employees, retirees and their families have health insurance through NYSHIP

A unique health insurance plan developed for New York’s public employees For additional information regarding The Empire Plan or the Excelsior Plan, public employers may visit our website at www.cs.ny.gov or email the Public Employer Liaison Unit (PELU) for the New York State Health Insurance Program at PELU@cs.ny.gov.

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NYSAC'S 2017: BY THE NUMBERS

73 2500

392

625,910

2,532

1,890 430

96 41

91 TAL

160

News From NYSAC

About NYSAC

New York State Association of Counties

NYSAC Recognized for Excellence in Public Affairs, Government Relations, and Meetings NYSAC and our partner Corning Place Communications were honored at the 2017 Capital Region MARCOM Awards competition. Held on Thursday, November 16, at Proctors in Schenectady, this annual event pays tribute to excellence in the field of communications, marketing, and public relations. In the Public Affairs Campaign category, NYSAC’s Rescuing 9-1-1 campaign won a MARCOM Award. Conducted on a statewide basis, the campaign's objective was to secure a dedicated funding stream from New York state government that would enable counties to maintain and upgrade their 9-1-1 emergency communication systems. Ultimately, the campaign resulted in $14 million being appropriated in the 2017-18 state budget for the dedicated purpose of 9-1-1 system upgrades and new equipment. NYSAC was also honored by the Empire State Society for Association Executives (ESSAE) for Association Excellence in Government Relations, for " Leveraging Data to Increase State and Local Action in the Opioid Crisis" and in Meetings & Expos for our "Women's Leadership Council Meeting of the Minds: Discussions on the Issues Facing Women in County Government." Thank you to our members for working with us on these award-winning projects!

.4 NYSAC staff attended hundreds of meetings and calls with State and Federal lawmakers, agencies, and staff members. Visit www.nysac.org for all of NYSAC's resources, Legislative Conference registration, and news updates.

Save the Dates! 2018 NYSAC Events: County Finance School May 2-4 Sheraton Syracuse University Hotel Onondaga County Fall Seminar September 24-26 Hyatt Hotel, Rochester Monroe County www.nysac.org

About NYSAC

Meet the NYSAC Board of Directors Officers President Hon. MaryEllen Odell Putnam County

Second Vice President Hon. Scott B. Samuelson Sullivan County

President-Elect Charles H. Nesbitt, Jr. Orleans County

Immediate Past President Hon. William E. Cherry Schoharie County

Members

Parliamentarians Hon. John F. Marren Ontario County

Hon. Herman Geist, Esq. Westchester County

Hon. Philip R. Church Oswego County

Hon. Marcus Molinaro Dutchess County

Hon A. Douglas Berwanger Wyoming County

Hon. Cheryl Dinolfo Monroe County

Hon. Martha Sauerbrey Tioga County

Hon. John LaPointe Washington County

Hon. Mark C. Poloncarz Erie County

Hon. Daniel P. McCoy Albany County

Hon. Bill de Blasio Mayor of NYC

Hon. Steven Bellone Suffolk County

16 N YSAC News Winter 2 0 1 8

About NYSAC

NYSAC: Providing Training and a Collective Voice for New York's Counties By Katie Pierce, NYSAC Communication Intern

n 1925, a dozen officials from different counties met to discuss how they could develop a mechanism for county leaders just like them to receive training and share ideas that may be working in one county, but not even known to county officials in other counties. It was a time when county governments were growing more complex, having to provide a growing number of social service programs, uphold and enforce public safety laws, and address new transportation and infrastructure needs brought on by the increasing numbers of cars on our roads. The New York State Association of Counties (NYSAC) was founded at that time to help counties rise above those challenges with innovative solutions that they could share with one another. Today, nearly 100 years later, NYSAC continues to serve that same mission. And, as counties’ roles and responsibilities of governing at the local level grow more complex, so does our mission. Each and every day, our counties work in partnership with the state to serve the people of New York. We provide emergency response, restaurant inspections, vaccine clinics, and addiction prevention services. We manage the campaign process and run elections. We patrol local roads and manage county jails. We plow, maintain and build the roads and bridges used by New Yorkers to get to and from work and school each day. Counties ensure that a gallon of gas actually equals a gallon of gas, and a pound of deli meat weighs a pound, so that consumers get what they are paying for. Counties also provide veterans services and programs for the poor and senior citizens. As the association representing all of the officials who provide these programs and services, we conduct and provide research on public policy matters germane to county governments for federal, state, and local officials. Our mission is now to represent, educate, advocate for, and serve our counties and the thousands of elected and appointed county officials who serve the public. “NYSAC has been delivering for counties since 1925, and I can tell you that we learn something new every single day,” said Stephen Acquario, the Executive Director of the association. “And whatever we learn, whether that is from the federal, state, or local levels, we turn that information into material that we share with our members.” From white papers and fact sheets, to lobby program services and conferences, NYSAC provides invaluable resources to county leaders. County governments are given these tools to support state, federal, and local policies and programs to serve communities. For newly-elected officials, NYSAC provides unique training, education, and networking opportunities that help them acclimate to their new roles. “It would be impossible to know everything there is to know about how to best serve county residents right away as a newcomer to such a leadership role. This is where many of our elected county officials have the opportunity to call on their association,” said Acquario. NYSAC

offers newly elected training at the Legislative Conference each year, and through webinar presentations. The County Government Institute (CGI) is a formalized educational certificate program that allows county officials to pursue continuing education. CGI is a collaboration between NYSAC and Cornell University that provides a curriculum that includes building consensus, financial management, ethics, management, and the foundations of county government. These courses are offered at all NYSAC conferences, as well as regionally throughout the year. The training enables county leaders to stay up to date on timely issues and opportunities in local government. “The County Government Institute gave me the opportunity to interact with officials who were experiencing similar situations and problems, and it gave us the opportunity to work together for a common solution,” said Wayne Booth, Orange County Deputy Executive and graduate of the program. At NYSAC’s conferences, county leaders come together from around the state. County delegates, through NYSAC, develop an annual County Legislative Program that includes a series of reform proposals with a goal of making New York a better, stronger and economically viable state. As members of NYSAC, county officials serve on standing committees that develop, discuss and adopt the series of resolutions that go before the full county delegation. “Our standing committees provide venues for hundreds of county officials to address a range of issues pertaining to the areas of concern for county governance, from public safety, to children with special needs, public health and other program and service areas,” said NYSAC’s Deputy Director Mark LaVigne. To serve on one of the thirteen committees county officials must complete and send in a nomination form to the NYSAC offices. The form can be found on the NYSAC website. Committee members from across the state come together in February and September. Resolutions from these meetings then become the basis of NYSAC's advocacy efforts at the state and federal levels. NYSAC also has partnerships with other organizations to provide support through cost-saving programs, insurance, workers compensation, cybersecurity, and many other vital aspects of local government. NYSAC brings the best interests and concerns of counties to Albany and Washington, thanks to the foundation of support and networking that is achieved across all of New York's counties. Elected officials can be as involved with the association as they choose to be, and often use association staff to complement their own staff. “The active involvement of our diverse membership enables us to be a strong voice for county governments,” said Acquario.

www.nysac.org

About NYSAC

Meet Your NYSAC Team Stephen Acquario Executive Director sacquario@nysac.org Stephen is responsible for the overall direction of the association, and oversees the association’s agendas to ensure a cohesive and coherent legal and legislative strategy on behalf of New York’s 62 county governments. He is NYSAC’s Executive Director and General Counsel. He serves in varying capacities organizations and committees including: Member, NYS Medicaid Redesign Team (Office of the Governor); Member, Advisory Panel, NYS Department of Health, Delivery System Reform Incentive Payment (DSRIP) Program (2015); Member, NYS Department of Health, Value Based Payment Workgroup. Stephen graduated from Albany Law School of Union University, and holds a bachelor’s degree in Industrial and Labor Relations from the State University of New York College at Potsdam. In addition, he earned a graduate certificate in Industrial and Labor Relations from Cornell University.

Karen Catalfamo Financial/Office Manager kcatalfamo@nysac.org Karen Catalfamo started with the New York State Association of Counties in June of 2006 and is our Financial/Office Manager. She came to us from an Association Management company where she worked for 15 years. Karen has worked with over 30 different associations which included state and national organziations as well as groups that provide testing services.

Nicole Correia Communication Coordinator, Women’s Leadership Council ncorreia@nysac.org Nicole is involved in all aspects of NYSAC’s strategic communication initiatives since she joined the team in 2012. She is the Editor of the NYSAC News magazine, produces and manages website content, oversees NYSAC’s social media channels, publicizes county priorities, and develops member and advocacy publications. Nicole is also the staff liaison for the NYSAC Women’s Leadership Council. Nicole first served at NYSAC as a graduate intern in 2006. As part of her internship, she conducted research on NYSAC’s member outreach, advocacy, and electronic communication. She previously worked in donor relations at a private school and as an association manager and copywriter at an association management agency. 18 N YSAC News Winter 2 0 1 8

Nicole holds a bachelor’s degree in Media & Society from Hobart & William Smith Colleges and a master’s degree in Political Communication from the University at Albany.

Patrick Cummings Counsel pcummings@nysac.org Issue areas: Indigent Defense, Veteran Services, Public Employee Relations, Real Property Taxation, Gaming, and Native American Affairs, Energy Patrick advocates on behalf of counties regarding pending and future legislation to help counties run more efficiently. He provides support to county attorney offices regarding laws, policies, and cases that impact counties. Patrick also works with the NYS County Clerks Association. In addition to county legal support, he is a member of NYSAC’s legislative team that advocates and educates state officials on matters of importance to our county members. Prior to joining NYSAC in 2011, Patrick was an Assistant County Attorney and working in the Schenectady County Attorney’s Office.

Jacqueline Dederick Records Manager jdederick@nysac.org Jacqueline Dederick has worked for the New York State Association of Counties (NYSAC) since 2003. Jacqueline began her tenure at NYSAC as the Executive Assistant to the Executive Director. In 2010 Jacqueline became Records Manager with a focus on members, county and state elections, NYSAC Standing Committees, County Government Institute, the NYSAC Directory, and the salary survey. Prior to working for NYSAC, Jacqueline worked for Capitol Hill Management Services, in Albany, NY.

Patricia Gettings Assistant to the Executive Director pgettings@nysac.org Patricia Gettings has served as Assistant to the Executive Director of the New York State Association of Counties since 2011. Tricia manages inter-office daily scheduling of meetings including, but not limited to, scheduling the time of the Executive Director and senior directors and staff, external meetings, telephone and travel. Tricia also serves as liaison to the NYSAC Board of Directors and NYS County Executives Association,

About NYSAC

Meet Your NYSAC Team preparing and assisting with board agendas, meeting logistics and board materials. Prior to her current position, Tricia was an Executive Assistant at United Food Service in Albany, NY, Executive Assistant / Office Manager at the United Group of Companies in Troy, NY and an Assistant Production Planner at Freihofer Baking Company in Albany, NY.

Mark LaVigne Deputy Director mlavigne@nysac.org Issue areas: Workers Comp, Public Works, Insurance, Transportation

Katie Hohman Legislative Director khohman@nysac.org

Mark LaVigne joined NYSAC as Communications Director in 2005. Prior to his work at NYSAC, Mark worked at the Center for Technology in Government (CTG) at the University at Albany. CTG is an international research institute that fosters public sector innovation and supports good governance.

Issue areas: Public Health/Mental Health, Public Safety/E911, Opioid Epidemic, Raising the Age, Aging

Mark has worked at the New York State Assembly and has held a range of other positions over the past 20 years including newspaper reporter, congressional aide, and campaign manager.

Katie Hohman coordinates NYSAC’s legislative advocacy efforts in Albany and Washington. Katie has extensive experience with bill introductions, legislative amendments and proposed regulations; analyzing relevant media and political developments and association work.

Mark holds a bachelor's degree in English Literature from LeMoyne College, and a Ph.D. in Communication from the University at Albany, SUNY. He is an adjunct professor at the College of Saint Rose in Albany and is Accredited in Public Relations (APR) by the Public Relations Society of America.

Katie graduated from Siena College with a BA in Political Science. During her time at Siena she interned in the Office of the Governor in 2008 through 2009, working on several special projects for the Deputy Director of Operations. In 2013 she received a dual masters degree in history and political science at the College of Saint Rose.

Dave Lucas Director of Finance & Intergovernmental Relations dlucas@nysac.org Issue areas: Medicaid, Taxation, Finance/Budget, Resolutions, Preschool Special Education

Alexandra LaMonte Research Analyst alamonte@nysac.org

Dave leads the legislative, policy development, and fiscal and budget research activities for NYSAC. He also held the position of Legislative Director at NYSAC during the mid-1990’s.

Issue Areas: Agriculture/Rural Affairs, Environment, Planning, Shared Services

Before returning to NYSAC in 2009, Dave served as a Deputy Director in Governor Schwarzenegger’s Washington, DC Office for nearly six years where he served as the Governor’s federal health, labor and economic and tax policy advisor. He also worked for nine years as the federal liaison for the NYS Division of Budget, where he acted as an advisor to the Budget Director and Governor’s Office on federal budget and policy issues.

Alexandra joined the NYSAC team in 2017 as a Research Analyst. She performs research into issues of concern affecting the counties of New York, and she serves as the staff liaison for the Standing Committee on Agriculture and the Standing Committee on Economic Development & Environment. Alexandra graduated with a BA in Public Policy from Hobart and William Smith Colleges in Geneva, NY. During her studies Alexandra interned during the legislative session for the State Assembly in Albany. Alexandra tracked support and opposition for legislation and budget items, submitted legislation, and researched topics of interest.

Continued on following page.

www.nysac.org

About NYSAC

Meet Your NYSAC Team Continued from previous page. Juanita Munguia Marketing Specialist jmunguia@nysac.org Juanita is NYSAC's liaison to the private sector, and works with NYSAC exhibitors, sponsors, advertisers and Associate Partners. She has been with the Association since 1999. Juanita started out as the grant secretary for the County Nursing Facilities of New York (CNFNY) and NYSACâ&#x20AC;&#x2122;s department of labor. In 2006, she was promoted to Marketing Specialist. Juanita enjoys working with companies interested in providing programs and services to our members in county government. Juanita received her Bachelor of Business Administration from the Sage College of Albany.

Kate Pierce Communication Intern intern@nysac.org Kate joined the NYSAC staff in 2017 as an intern. She works with media releases, updating association materials, and editing audio and video productions. While working with NYSAC, Kate is an undergraduate student at the College of Saint Rose, studying Journalism with a minor in Computer Science. She is the news editor for her college newspaper, The Chronicle, and has had articles published on the Pine Hills Blog of the Times Union, as well as in the Malone Telegram.

Jeanette Stanziano Director of Education and Training jstanziano@nysac.org Jeanette coordinates all NYSAC conferences, webinars, special events, meetings, and regional trainings. She has led these opportunities with NYSAC for nearly thirty years, along with other projects including graphic design and publishing work. In addition to coordinating NYSAC trainings and educational events, Jeanette is also the Director of the County Government Institute, which is NYSAC's diploma program for county leaders, offered in partnership with Cornell University. Before joining the NYSAC team, Jeanette worked with non-profit organizations including the Bank Street School in Manhattan. She is a graduate of Hobart and William Smith Colleges with a background in art and working with nonprofits.

20 N YSAC News Winter 2 0 1 8

Patrick Thornton General Office Clerk pthornton@nysac.org Patrick joined the NYSAC staff in 2017 and has assisted with projects updating association resources, including compiling a database of newly-elected county officials throughout the state. As an account executive, Patrick worked at the W.B. Mason Company in Rochester before joining the NYSAC team. Patrick has a BA in Rhetoric and Communication with a minor in Business from State University at Albany. He is also a member of the Lambda Pi Eta Communication Honor Society.

About NYSAC

Welcome, Newly Elected County Officials!

he New York State Association of Counties welcomes 192 newly elected county officials that were sworn in to start their terms of office in January 2018. These new NYSAC members will serve various leadership positions in their counties. We look forward to getting to know our new members as we travel around the state and at NYSAC events. Please join us in welcoming the following newly elected county officials: Albany County Victoria A. Plotsky County Legislator Benjamin M. Sturges III Coroner Allegany County Gary Barnes County Legislator Janice L. Burdick County Legislator William G. Dibble County Legislator

Paul Heider County Legislator

John Bruso County Legislator

Kevin K. O'Connell County Legislator

Chad A. Poli County Legislator

Michael P. Kearns County Clerk

Daniel W. Pavlock County Legislator

Kelly Preston County Legislator

Essex County

John M. Stortecky Town Supervisor

Chenango County

Ann L. Homer County Legislator

Robin DeLoria Town Supervisor

Steven Tomlinson Town Supervisor

Ronald Jackson Town Supervisor

Herkimer County

Marjorie L. Davis Town Supervisor David J. Evans Town Supervisor Columbia County

Ronald J. Vandee County Legislator Delaware County Craig S. DuMond Sheriff

Dean P. Montroy Town Supervisor Franklin County

W. Brooke Harris County Legislator

Robert W. Beaury Town Supervisor

Steve Havey County Legislator

Michael Chameides Town Supervisor

Rebecca Edwards County Legislator

John Ricci County Legislator

Andrea T. Coleman Coroner/Medical Examiner

Deirdre A. Houston County Legislator

Linda Kollar County Clerk & Clerk of Courts

Randy Johnson County Legislator

Sheila C. Perry Town Supervisor

Giancarlo Llaverias County Legislator

James K Selmser Town Supervisor

Robin Lois Comptroller

Genesee County

Broome County Joseph A. Mihalko County Clerk

Kathy Leck Eldridge Town Supervisor

Cayuga County

Abdus Miah Town Supervisor

Elane Daly County Legislator

Linda Mussman Town Supervisor

Dutchess County

Cortland County

Kristofer Munn County Legislator

Michael Barylski County Legislator

Nick Page County Legislator

Chautauqua County

Doug Bentley County Legislator

Frits Zernike County Legislator

George M. Borrello County Executive

Beau Harbin County Legislator

Erie County

Christopher Petrus County Legislator Charles Ripley County Legislator

Hamilton County

John D. Davis County Legislator

April N. Baskin County Legislator

Frances Perry County Treasurer Fulton County

Gordon L. Dibble County Legislator John R. Hilchey County Legislator Gary T. Maha County Legislator Greene County Lee Allen Palmateer County Legislator

Donald W. Beach Town Supervisor

Mark Gaworeki County Legislator Bob Hollum County Legislator Jefferson County Robert Cantwell County Legislator Lewis County Ronald Burns County Legislator Randall LaChausse County Legislator John Lehman County Legislator Livingston County Michael Falk Town Supervisor Shannon Griese Coroner/Medical Examiner Madison County Tom Boylan City of Oneida Supervisor Continued on following page. www.nysac.org

About NYSAC

Welcome, Newly Elected County Officials! Continued from previous page.

Diana Ayala Manhattan

Debra Cody County Legislator

Nathan Emmons County Legislator

Steven F. McLaughlin County Executive

Mary Cavanagh City of Oneida Supervisor

Diana Ayala Bronx

John D. McBride County Legislator

Kevin Gardner County Treasurer

Bruce T. Patire County Legislator

Rocco DiVeronica Town Supervisor

Justin Brannan Brooklyn

James Rowley County Legislator

Bradley Trudell County Legislator

Erin Sullivan-Teta County Legislator

Todd Hood Sheriff

Ruben Diaz Bronx

Ontario County

Patrick Twiss County Legislator

Saratoga County

Michael Keville County Clerk

Mark Gjonaj Bronx

Yvonne Nirelli Town Supervisor

Francisco P. Moya Queens

Monroe County

Keith Powers Manhattan

Todd Baxter Sheriff Howard Maffucci County Legislator Nassau County Laura Curran County Executive John Ferretti County Legislator Joshua Alexander Lafazan County Legislator Thomas McKevitt County Legislator Debra Mule County Legislator Jack Schnirman Comptroller New York City Adrienne E. Adams Manhattan City Council Member Alicka Ampry-Samuel Brooklyn

Carlina Rivera Manhattan KalmanYeger Brooklyn Niagara County James E. Carroll Coroner Laura SweneyGoodlander Coroner Oneida County Steven R. Boucher County Legislator Michael D. Brown County Legislator Joseph M. Furgol County Legislator Onondaga County Tom Buckel County Legislator Kenneth L. Bush County Legislator

22 N YSAC News Winter 2 0 1 8

Ted J. Bateman Town Supervisor

Otsego County

Tara N. Gaston Town Supervisor

James B. Ritts District Attorney

Michele Farwell County Representative

Theodore T. Kusnierz Town Supervisor

Caroline R. Sauers Town Supervisor

Danny R. Lapin County Representative

Scott T. Ostrander Town Supervisor

Orange County

Adrienne Martini County Representative

Sandra L. Winney Town Supervisor

Allen T. Ruffles County Treasurer

Schoharie County

Kevindaryn Lujan County Legislator Joseph Minuta County Legislator Rob Sassi County Legislator

Lizabeth A. Shannon County Representative

Don Airey Town Supervisor

Putnam County

John H. Leavitt Town Supervisor

Joel Sierra County Legislator

Robert L. Langley Sheriff

Susan Mallery District Attorney

Kathy Stegenga County Legislator

Amy Sayegh County Legislator

Ronald R. Stevens Sheriff

Janet Sutherland County Legislator

Rensselaer County

Stephen Weinhofer Town Supervisor

Laurie Tautel County Legislator

Jacob C. Ashby County Legislator

Schuyler County

Scott H. Bendett County Legislator

Theresa A. Philbin County Clerk

Orleans County

Bobby M. Burns County Legislator

David M. Reed County Legislator

Merle L. Skip Draper County Legislator

Daniel F. Casale County Legislator

Seneca County

Oswego County

Thomas Grant County Legislator

Peter Tuohy County Legislator

Mary Chesbro County Legislator

C. Ernest Brownell Town Supervisor Lisa Hochadel Town Supervisor

About NYSAC

Frank Sinicropi County Treasurer

Steven J. Flotteron County Legislator

Julius A. Collins County Legislator

Brad Magowan Town Supervisor

Kitley S. Covill County Legislator

Ralph Lott County Supervisor

Timothy D. Sini District Attorney

Lynn M. Eckert County Legislator

Michael Wild Town Supervisor

Chris A. Johnson County Legislator

St. Lawrence County

Rudolph A. Sunderman County Legislator

Heidi Haynes County Legislator

Washington County

George Latimer County Executive

Errol D. Toulon Sheriff

Joe Maloney County Legislator

Evera Sue Clary Town Supervisor

Tompkins County

Kathy Nolan County Legislator

Henry J. Leader County Legislator Gary M. Pasqua District Attorney June H. Wood Coroner/Medical Examiner

Shawna Black County Legislator

Laura B. Petit County Legislator

Steuben County

Amanda Champion County Legislator

Frederick G. Potter County Legislator

Deborah Dawson County Legislator

Thomas J. Ryan County Legislator

Henry Granison County Legislator

Jason Carusone District Attorney

Suffolk County

Anne Koreman County Legislator

Jack Diamond Town Supervisor

Ulster County

Andrea Hogan Town Supervisor

Susan A. Berland County Legislator Thomas P. Donnelly County Legislator

Lynn M. Archer County Legislator

Brian Woltman County Legislator Warren County

William A. Loeb Town Supervisor

Paul Ferguson Town Supervisor Terry Middleton Town Supervisor

Damon R. Maher County Legislator Wyoming County Angela Brunner Town Supervisor

John Rozell Town Supervisor

Yates County

Wayne County

Todd J. Casella District Attorney

Nick Deming Town Supervisor Michael D. Colarco District Attorney Susan Jacobs Town Supervisor

Charlie Chilson County Legislator Timothy P. Cutler County Legislator Richard L. Willson County Legislator

Westchester County Nancy E. Barr County Legislator

www.nysac.org

About NYSAC

Connect with NYSAC: NYSAC.org and Social Media By Kate Pierce NYSAC Communication Intern

YSAC.org is your online stop for resources, research, programs, and services specifically for county leaders.

On the homepage you’ll find: The NYSAC Blog Upcoming Events The latest news and press releases Looking for information about specific issues impacting counties? Click on Advocacy and then Issue Areas (in the left hand sidebar) to find pages for each of the issue areas NYSAC advocates on. Each page includes our latest fact sheets, reports, articles, testimony, and other relevant information. The Advocacy section also includes our Legislative Priorities and Standing Committee information. For an overview of the history of county government in the state, click on the New York’s Counties tab. Here you can find "A Genealogy of New York's Counties" and links to websites for all 62 counties. This is also where you'll find the County Job Board. The Resources section is aptly named, for if you click on it you will find a side bar on the left with programs, benefits, and toolkits for county officials. For more information on our conferences, seminars, and other opportunities, click on the Events tab. The side bar on the left will let you take a closer look at each event, what it is about, and how to register. Keep up with us and other counties by clicking the News tab. This page will show you press releases and news articles as well as blog posts and magazine, all tailored to the counties of New York.

A view of NYSAC's homepage. To learn more about NYSAC, click the About tab. This section contains our directory for the board and staff, as well as some information about how and why we were founded. The County Government Institute tab is the place to learn more about the diploma program NYSAC hosts in partnership with Cornell University. You can read about the CGI program, find out when upcoming sessions are being held, and download the enrollment form. You can quickly get to our social media pages by clicking the icons in the upper right corner. You can access our Facebook, Twitter, and YouTube pages with a single click. If you’re looking for a specific topic or resource and can’t find it in any of these sections, you can type in the Search bar to locate it on our website.

Connect on Social Media

Follow NYSAC's social media accounts to get the latest news, reactions to issue developments, event updates, news from counties, photos, and more.

Instagram: @nyscounties

24 N YSAC News Winter 2 0 1 8

youtube.com/user/NYSACTV

facebook.com/NYScounties

Twitter: @nyscounties

Issue Updates

Clarifying Your County’s Vision, Mission, Core Values, and Core Behaviors By Ted Fafinski, MS (HRMD) Staff Development and Training

Why is it important to clarify your county’s Vision, Mission, Core Values, and Core Behaviors? Good questions… In today’s busy and distracted society, it becomes difficult to keep the people in the organization focused on what we are here for. In addition, the work force is faced with changing priorities, agendas, some dictated by various levels of government. With all this turmoil it has become apparent to forward thinking local governments and organizations that some process or mechanism is necessary to return our focus to truly answer the question as to “why are we here?" Effective leaders and managers need to have a VISION (Goal) of where they want the organization to be in the future, (1 year, 3 years or 5 years). Something to strive for, “the Golden Ring." Some say the goal should be a dream that would fit on a tee shirt. The Mission answers the question, “Why are we here”? If you are a local government leader, why did the people elect you? If you are a corporation, how do your stockholders want you to run the company? The mission brings into focus the answer to those questions. In the case of local government, the expectation may simply be to provide essential services at a reasonable cost and to plan for the future; or a combination that includes making our community a safe and vibrant place to raise a family and to attract businesses and a talented labor force to sustain and control the growth of our community. What are our core values? What does that mean? Core values could be defined as our culture. What do we value from our government as the people who live in the community? This could be a laundry list of many characteristics, like…

pen, ethical government O Fiscal integrity Providing excellent service to the public Respect of the needs of the people Stewardship of our natural resources.

The list could go on depending on your community’s perception of their local needs and desires. These “core values” that people from a town or county or business organization want stem from, in many cases, what they were taught: learned values from, parents, families, teachers, their church or religion, and the values that they formed from their own life experiences. But until the organization identifies the core values, the commonality of those values is not apparent.

Core values within a community are generally similar as people raised in the same geographical area derive some of their values from their hometown upbringing. Many people who settle in communities from other areas adapt to the community’s values and they may have been a factor as to why they choose to live in that community. The geographically formed values tend to be a unifying factor in towns, counties, villages and local businesses because they provide a common ground for people to agree on certain values that are shared. Shared values are important because they can be a factor in local governments, to get people to work together for a common good. That is why identifying the core values for a village, town, county or local business is so important.

What about Core Behaviors, why are they necessary? The core behavior is the “sustainability factor” that helps people understand how they must interact in the work place to better apply the organization’s core values in their daily work. How do we identify Core Behaviors? Managers, supervisors and sometimes employees working together “brainstorm” and identify the behaviors necessary to make it all work. Some examples of workplace behaviors that support this process could be… Treat everyone with respect and dignity. Focus on a way to solve a problem, rather than a reason not to. Be aware of the impact of your decision on others. Be accountable for all that you do. Collaborate by working together to achieve the best result. Remember, these are only a few examples and could differ based on your organizational core values. Some will think of these core behaviors as the organization’s culture.

Why are Core Behaviors important? Besides the sustainability factor for your values, core behaviors form the parameters of how everybody in the organization is to treat customers, each other, vendors and virtually anybody we do business with. It sets an expectation and a standard of behavior in how we conduct our business or as a government. It can be valuable to communicate your Vision, Mission, Core Values and Core Behaviors in your recruiting and hiring process as well. Continued on page 32 www.nysac.org

About NYSAC

NYSAC’s Advocacy Timeline By Katie Hohman NYSAC Legislative Director

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

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

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

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

JANUARY January marks the beginning of the New York State Legislative Session. The Session begins the first Wednesday after the first Monday of the New Year. The opening is usually marked by the Governor's delivery of the "State of the State Message" in Albany. This year, Governor Cuomo delivered his “State of the State Address” in regional presentations throughout the state. These messages generally outline the priorities and programs the Governor wants the Legislature to address during the year ahead. The Governor must submit his Executive Budget Proposal to the Legislature, along with the related appropriation, revenue, and budget bills, by the third week in January (or by February 1st in a gubernatorial election year). Once the Governor’s Executive Budget Proposal is released, NYSAC’s Legislative Team identifies key issues for counties within, or excluded from, the Executive Budget Proposal. 26 N YSAC News Winter 2 0 1 8

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

New York State Legislative Session Calendar January — June 2018 The New York State legislative session calendar establishes a schedule for the 2018 legislative session and provides dates important to the legislative process. The session calendar is intended to afford Members flexibility in conducting legislative business in Albany and planning activities within their home districts. The session calendar will foster orderly and timely consideration of legislation. Unforeseen events may require modification of the session calendar.

Throughout the course of the legislative session, as new issues, programs and/or grants are announced or introduced, the Legislative Team analyzes the county impact and develops white papers, fact sheets, webinars, conference workshops and/or other materials to keep members abreast of changes. New research publications are emailed to members and posted on our website at www.nysac.org/issues.

7 14 21 28

M 1 8 15 22 29

If you are interested in joining a NYSAC Standing Committee, please contact our office or visit www.nysac.org/committees.

4 11 18 25

5 12 19 26

6 13 20 27

7 14 21 28

FEBRUARY – MARCH At the conclusion of the NYSAC Legislative Conference, the Legislative Team sends the adopted resolutions to the Governor, Senate and Assembly leadership, each member of the Legislature, agency heads, Congressional Membership and any/all appropriate staff. During February, the Legislature creates Legislative Budget Standing Committees and commences Joint Legislative Budget Hearings. The Legislative TNYeam prepares testimony to be presented at the Local Government Hearing and coordinates meeting with the Senate and Assembly leadership and staff. The Governor generally releases 21-Day Amendments and

JANUARY T W T F 2 3 4 5 9 10 11 12 16 17 18 19 23 24 25 26 30 31 MARCH T W T 1 6 7 8 13 14 15 20 21 22 27 28 29 MAY T W T 1 2 3 8 9 10 15 16 17 22 23 24 29 30 31

4 11 18 25

FEBRUARY M T W T F 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28

S 6 13 20 27

APRIL T W T 3 4 5 10 11 12 17 18 19 24 25 26

F 2 9 16 23 30

S 3 10 17 24 31

S 1 8 15 22 29

M 2 9 16 23 30

F 4 11 18 25

S 5 12 19 26

JUNE T W T

3 10 17 24

4 11 18 25

5 12 19 26

6 13 20 27

7 14 21 28

S 3 10 17 24

F 6 13 20 27

S 7 14 21 28

F 1 8 15 22 29

S 2 9 16 23 30

January 3

2018 Legislative Session convenes

February 19 Presidents’ Day

January 8

Start of sessions

April 1

Beginning of new Fiscal Year

January 15

Martin Luther King, Jr. Day

May 28

Memorial Day

January 16

Final Day for Submission of Executive Budget

Indicates session day

30-Day Amendments to the Executive Budget Proposal bills by the end of February, depending on when initial bills are introduced. Once the 30-Day Amendments are released, the Senate and Assembly release their own budget proposals. The Legislative Team identifies key issues for counties within or excluded from the Legislature’s budget proposals and revises the lobbying plan for each issue as needed.

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

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

www.nysac.org

Legislative Information

Federal Tax Reform–Now What? By Dave Lucas NYSAC Director of Finance and Intergovernmental Relations

The Process

The President signed sweeping corporate and individual tax reforms into law on December 22, 2017. The last major tax code overhaul was in 1986. While there have been several major tax cuts (and increases) during that timeframe, the law signed last year was the first comprehensive rewrite of the tax code in over 30 years. Congress used special legislative provisions under Budget Reconciliation that allowed for a simple majority vote in the Senate as opposed to the normal 60 vote requirement for all other legislation the Senate considers. The special rules used create a series of undesirable outcomes including no bipartisan support for the bill (which can impact the long-term viability of certain components of the tax bill), along with several major implementation delays and sunsets that hurt certain taxpayers if they are not reversed at some point by a future Congress. The arcane budget rules that accompany the Budget Reconciliation process require that certain federal deficit targets be adhered to – the end result is that the corporate tax reforms are permanent and the tax changes (cuts and increases) impacting individuals disappear at the end of 2025. Congress will have to address any extension of the individual tax changes at some point in the future.

Federal Budget Implications The tax bill does not pay for itself and it is expected to increase the federal deficit by $1.5 trillion over 10 years. Under the most optimistic analysis by the Joint Committee on Taxation, which is the official scorekeeper of federal tax bills, the increased economic activity generated by the tax changes will still generate about $1 trillion in new deficits. Under current law any new deficits created by an act of Congress are required to be offset by automatic spending cuts implemented through sequestration. Congressional “pay-as-you-go” rules require that the White House Office of Management and Budget (OMB) automatically cut spending if legislation increases the deficit beyond a certain point. Social Security and means-tested entitlements would largely be spared, but Medicare (limited to a $25 billion cut in 2018) and everything else would be subject to automatic funding cuts. In 2018, total funding cuts of $136 billion would be required according to the Congressional Budget Office. Congress nullified these automatic cuts as part of the end-of-year emergency spending bill, but the issue of addressing the deficit in some form will resurface in the coming year.

New York State Budget Implications These automatic cuts, if not averted, could directly impact county budgets as federal funds are eliminated for a variety of services. Directly related to this are statements from congressional leaders and the White House that balancing the federal budget is a two-step process. The first step is fiscal stimulus through tax cuts combined with a reduction in regulations on business with the hope of increased economic activity and second, cut spending through entitlement reform. Future spending cuts leave New York, and other state and local governments nationwide, vulnerable to cost shifts and funding shortfalls in local budgets. It is unclear what the longer term impacts might be on New York State budget revenues. Fundamentally, the changes to federal deductions and certain exemptions would appear to worsen the New York’s balance of payments deficit and also reduce our economic competitiveness compared to other states. Both of these items can dampen the state’s economic output and commensurately reduce overall state revenues – if the state elected leaders do nothing in response to these federal reforms. Over the short term the state may even see an increase in personal income tax collections because high income earners may realize certain income gains that they have delayed in hopes of federal rate cuts now in effect. Also, the anticipation of federal corporate tax rate cuts has been contributing to the run up in stock prices and Wall Street firms will see improved revenues for 2017, at a minimum. Finally, for many New York households that itemize their taxes, their federal AGI will rise significantly and the state will be collecting higher income taxes on the higher taxable income that results from the federal tax changes. Again, all of this is in the absence of any response by state elected officials. Many state officials across the country have already indicated they plan to hold harmless individual taxpayers from higher state taxes resulting from the federal changes, while others have indicated they will invest the boost in state tax collections in infrastructure and other critical public services.

Taxes on Individuals Cumulative net impact of $1.127 trillion in lower taxes over 10 years The final agreement retains seven individual income tax rates, but lowers rates and expands income brackets, however, all individual income tax provisions expire by the end of 2025. The tax cuts are partially paid for by: Continued on page 31

28 N YSAC News Winter 2 0 1 8

2018

Legislative Program DO NO HARM The State should avoid cost shifts and cuts, while providing tools that will reduce costs for taxpayers.

COUNTY PRIORITIES LOCAL GOV’T FINANCE

RAISE THE AGE (RTA)

Delink the state property tax cap with reimbursement for costs to implement the new RTA state mandate.

Ensure a fair and level playing field for all retailers by addressing shortcomings in Internet sales tax collection practices.

SHARED SERVICES Allow for the expansion of shared municipal health insurance consortiums and expand options for workers comp pools.

Agriculture and Rural Affairs

Energy and the Environment

education programs. • Increase state reimbursement for school lunches from .0599 cents per meal to at least .0799 per meal.

Gaming

• Support funding for local agricultural assistance and

Children with Special Needs • Reform the Early Intervention Program to ensure provider

capacity and hold counties harmless for delays that occur due to a lack of availability of providers. • Ensure third party insurance collections are maximized in the Early Intervention Program. • Reimburse counties for 69.5% of preschool special education costs as statutorily required, increase administrative reimbursements, and increase state transportation caps. • Expand Universal Prekindergarten Program (UPK) to include children with special needs.

Community Colleges • Provide full reimbursement to counties for community

college chargebacks for the Fashion Institute of Technology (FIT) for tuition expenses for 4 and 6 year degrees. • Increase state financial support to community colleges.

Economic Development • Continue to prioritize and expand broadband coverage to

unserved and underserved communities.

Elections • Consolidate federal and state primary elections, or provide

state funding for cost of duplicative primaries. • Provide state funding for early voting, if it is enacted. • Provide state funding for strengthening cyber security.

• Create an industry-backed paint stewardship program.

• Resolve the dispute with the Seneca Nation over gaming

compact payments to state and local governments and allow payments to localities until the dispute is resolved.

Human Services

• Reverse state foster care funding reductions enacted in

last year’s budget and repeal the foster care cap. • Clarify homelessness prevention goals and develop a less burdensome emergency shelter model.

Indigent Legal Defense Services

• Maintain commitment to prefund expansion of indigent

defense services to all counties.

Judiciary

• Restore full state funding support for state-mandated

salary increases for county district attorneys. • Support lowering judgement interest rates.

Local Finance and Tax Relief

• Enact legislation that levels the retailer playing field

by collecting sales taxes for online purchases. • Increase county retention of revenues derived from county Department of Motor Vehicle operations. • Ease state rules related to how local governments transmit local laws/documents to the State. • Allocate resources to counties participating in the Local Update of Census Addresses (LUCA) program. • Provide permanent and meaningful property tax relief by reforming mandates, especially the cost of Medicaid, human services and indigent defense.

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

2018

Legislative Program Local Shared Services

• Amend state insurance law to allow for the expansion of shared municipal health insurance consortiums. • Adjust property tax cap provisions that work against local shared services and functional consolidations. • Ease court consolidation procedures.

Public Employee Relations

• Repeal the NYS Scaffold Law, or reform it to

include a pure standard of comparative negligence. • Allow counties to add professional EMTs to their workers compensation risk pools.

Public Health and Mental Heath

• Maintain the carveout from Medicaid managed care for school-based health centers. • Restore funding for counties investigating unattended deaths, which are increasing due to opioid and heroin epidemic. • Provide support and resources for statewide awareness on the threat of Lyme and other tick-borne diseases. • Support Article 6 programs by raising the base grant and increasing state reimbursement to local health departments. • Fund treatment of county inmates with substance abuse disorders, mental health needs, HIV, and Hep C. • Ensure that high-risk children have access to services and supports needed as the State implements Medicaid Redesign. • Provide resources for the Local Governmental Units to implement the Assisted Outpatient Treatment (AOT) program.

Public Infrastructure and Transportation

• Continue state and federal commitments to counties

for maintaining local roads, bridges, and culverts. • Consider alternative funding mechanisms for more adequate and consistent investments in local infrastructure projects. • Authorize use of design-build contracts for localities.

NEW YORK STATE ASSOCIATION OF COUNTIES 30 N YSAC News Winter 2 0 1 8

Public Safety

• Reimburse counties for costs of detaining state

parole violators at local correctional facilities if they are not transferred to a state facility within 10 days. • Enhance counties’ share of statewide 9-1-1 surcharge to support 9-1-1 public safety answering points and prepare for NextGen 9-1-1 services. • Promote the use of video conferencing for court appearances for inmates held in county jails. • Allow counties the option to detain persons being held for arraignment in their county jail. • Prohibit civilian drone use within one thousand feet of a correctional facility. • Support a Statewide Law Enforcement Records Management System that provides real-time data sharing with federal, state and local agencies. • Ensure that NYS Civil Service provides timely eligibility lists for County Correction Officers, Deputy Sheriffs, Probation Officers and Dispatchers. • Allow for the release of DNA database information when there is a familial connection between a recorded offender and a sample collected from the scene of a violent crime. • Strengthen boating while intoxicated laws.

Raise the Age (RTA)

• Delink the state property tax cap and county eligibility

for full reimbursement for state-mandated RTA costs. • Remove fiscal caps for foster care and youth detention. • Restore the 65% state match for child welfare. • Provide a clear service needs plan and capital investment strategy to ensure counties have sufficient provider capacity and detention space. • Prefund county capital costs for building specialized juvenile detention facilities. • Bolster outreach and require engagement of the K-12 school system as a partner in these systemic reforms. • Provide waivers to counties that do not have adolescent placement facilities ready by October 1, 2018.

Veteran Services

• Restore fiscal support for State Veteran Benefit Advisors and expand Veteran Treatment/Diversion Courts throughout the state. 518.465.1473

www.nysac.org

Continued from page 28 eliminating personal exemptions ($4,050 per person and dependent); capping the state and local tax deduction at $10,000 for any combination of income, property and sales taxes; limiting the mortgage interest deduction on future transactions to the first $750,000 of mortgage debt (the current limit is $1,000,000); eliminating a variety of currently allowed deductions such as for casualty losses, moving expenses, dependent care expenses, among others. The fiscal benefit of doubling the standard deduction will depend on family circumstances. Couples with no children and individuals will see the most benefit. A family of three will see no fiscal benefit as the loss of personal exemptions nullifies the benefit of a higher standard deduction. Families of four or more will be worse off from this combination of changes. However, families with children may ultimately benefit fiscally from the overall tax proposal due to a doubling of the child care tax credit from $1,000 to $2,000 (of which up to $1,400 is available as a refundable tax credit). The child tax credit is available for incomes up to $400,000 for a married couple (a four-fold increase compared to current law). The bill also includes a temporary dependent (generally you and your spouse) tax credit of $500. The overall impact on a household will depend on income, household size and the number of tax deductions and exemptions currently utilized that will no longer be available. While lower tax rates are part of the proposal and income brackets have been expanded – the lower tax rates might not make up for the lost tax deductions and exemptions. Initial estimates are that, nationwide, 95 percent of taxpayers will pay lower taxes in 2018, with 5 percent paying more. However, the magnitude of tax savings and costs varies dramatically depending on each tax filer’s circumstances. Also, after 2025 when the tax changes expire for individuals taxpayers in nearly every household will pay more taxes (unless Congress acts). States like New York that have a lot of households that itemize, have high housing costs and high state and local taxes will not fare well compared to taxpayers in other states. It is expected that close to half of taxpayers in certain New York zip codes with very high housing costs will owe more in federal taxes.

Impact on Tax Filers

(a “filer” can be an individual or family unit) According to estimates from the Joint Committee on Taxation (JCT), the congressional committee responsible for determining the impact of all tax legislation, most tax filers will see a tax cut in the early years (very modest for most as a share of their income). Based on the estimated revenue effects of the various proposals as detailed by the JCT, the proposal will create winners and losers depending on household composition, state they live in and family size. In addition, the impact on individuals will change over time as certain tax credits expire and cost of living adjustments are modified in future years compared to current cost of living adjustments.

Under the final bill, by 2023, the average effective federal tax rate paid by those with adjusted gross income under $50,000 will be about the same or higher than it would be under current law. About half of all taxpayers fall into this category. This is the average change for filers under $50,000 –some filers will receive a tax cut and others will see a tax increase. The table below is subject to updating, but it should closely reflect the dollar impact of the final tax package, with the exception that the final bill lowered tax rates on incomes over $400,000 more than the table highlights below. In 2023: Percentage of Returns Income Category

Tax Decrease Greater than $500

$100 to $500

Tax Change Less than $100 (+/-)

Tax Increase $100 to $500

Greater than $500

> $10K

.2%

2.7%

94.5%

2.1%

.4%

$10K - $20K

.5%

14.1%

72.2%

9.9%

3.3%

$20K - $30K

.8%

16.5%

66.9%

9.6%

6.3%

$30K - $40K

1.9%

29.8%

49.1%

10.5%

8.6%

$40K - $50K

17.7%

24.4%

35.0%

10.5%

12.5%

$50K - $75K

36.1%

18.9%

19.2%

10.5%

15.3%

$75K - $100K

43.9%

16.4%

10.8%

8.8%

20.1%

$100K-$200K

59.4%

7.1%

3.4%

5.5%

24.6%

$200K-$500K

52.8%

4.5%

2.6%

4.3%

35.7%

$500K-$1M

54.3%

1.7%

.8%

1.6%

41.7%

< $1M

56.7%

.3%

.5%

.3%

42.1%

All Taxpayers

25.6%

14.5%

38.1%

8.0%

13.9%

Tax Cuts for Individual Filers $1.2 trillion from lower tax rates and expanded income brackets - impacts all filers $913 billion from doubling the standard deduction in NYS about 66 percent of tax filers use the standard deduction rather than itemize $264 billion from reducing business income passed through to individuals in NYS 79 percent of pass through business income reported is from individuals with income in excess of $500,000 – per a recent State Comptroller report $573 billion from enhanced child tax credit and new dependent tax credit currently, 12 percent of NYS filers receive this credit – per OSC report – this percent will grow under the new proposal $637 billion from repealing the alternative minimum tax 5.3 percent of NYS tax filers are subject to the AMT, per OSC report $83 billion from modifying the estate tax in NYS, 431 estates paid estate taxes in 2015, equaling $1.9 billion, per OSC report Continued on following page

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Continued from previous page.

Continued from page 25

Tax Increases for Individual Filers

In recruiting, you hope to attract people who want to work for an organization with your values/culture.

$1.2 trillion from repealing personal exemptions (impacts all filers) $670 billion from eliminating state and local income tax deduction, capping property tax and mortgage deductions (Senate does not change current mortgage deductions) in NYS about 34 percent of tax filers itemize, the average claimed is nearly $37,000 – highest in the nation

Corporate Taxes

(cumulative net impact of $846 billion over 10 years) The bill proposes to permanently reduce the corporate tax rate from 35% to 21%. This is partially paid for by eliminating a variety of current business deductions and exemptions such as limiting net interest deductions to 30% of adjustable taxable income, modifying the net operating loss deduction, repealing the deduction for domestic production activities, repealing the credit for clinical testing expenses for certain drugs for rare diseases, terminating private activity bonds, among other items. The tax bill also assumes new revenue will be generated through a one-time repatriation of foreign income through a 15% tax on that income coming back to the U.S. Another major source of revenue is the creation of an excise tax on outbound related-party payments (non-arms-length transfer payments). The White House and Congressional Republicans are indicating that real GDP could increase to a 4%average growth rate over the next decade which would help increase federal revenues to help offset some of the costs of the tax cuts. Given that GDP growth from 1980 to 2016 averaged about 2.7%, this would require a more than 1 percent increase annually in GDP to meet White House expectations. The Joint Committee on Taxation estimates that the enacted tax bill will boost GDP by .08% annually. In addition, the White House and congressional leaders believe a large share of corporate tax cuts will be passed along by corporations to their workers in higher wages. Some economists support these assumptions, many do not. The Joint Committee on Taxation, Congressional Budget Office and Government Accountability Office all assume that a small proportion of corporate tax cuts benefit worker salaries, with no more than 25% of corporate tax cuts accruing to labor (workers/employees of corporations) – this is more consistent with the viewpoint of most economists in relation to how much accrues to workers versus capital (i.e., corporate owners). In the end we will have to see how all of this unfolds and which estimates come to fruition.

32 N YSAC News Winter 2 0 1 8

You want to retain your staff because they like working for your organization and value the way people are treated (behaviors) and that the company culture and values make the work meaningful. Now that you have an insight into Vision, Mission, Core Values and Core Behaviors; step back and think about your village, town, county or organization and ask yourself: How could this concept make the difference in our being “good” or being a “great” place to work? What is your dream for your organization? How can these concepts elevate our local government and the work we do? Ted Fafinski, MS (HRMD), BA, AAS, currently, consulting in the areas of Staff Development and Training. He is a former Town Supervisor (17 years), Chairman of a County Board of Supervisors (7 years), Senior Human Resource Generalist and Adjunct Faculty Member. He has worked in local government, financial services and telecommunications industries.

www.nysac.org

Issue Updates

Raising the Age of Criminal Responsibility – Update By Katie Hohman NYSAC Legislative Director

he enacted 2017-18 State Budget included language to raise the age of criminal responsibility for non-violent felons from 16 to 18 by October 1, 2019. Under the new law, the new provisions will be phased in over two years. On October 1, 2018, the age of criminal responsibility will be raised from 16 to 17 year olds. This means that a 16-year-old that is charged with a non-violent felony or a misdemeanor will be considered an Adolescent Offender (AO), and will be protected from the adult incarceration. On October 1, 2019, the age of criminal responsibility for these same crimes will be raised from 17 to 18 year olds.

operations of the facility and reporting information to the Governor. The oversight council will include: OCFS, SCOC, and the Department of Criminal Justice Services (DCJS). The state facility will have a two-year treatment program. The two-year program will include:

In the summer of 2017, the Governor’s Office, in partnership with the Division of Criminal Justice Services, Office for Children and Family Services, and the Division of Budget hosted 10 regional roundtable sessions that provided an overview of the key provisions of the Raise the Age legislation and discuss implementation efforts. Representatives from several state agencies presented to provide information on state specialized secure detention facility, county specialized secure detention facility and information regarding county reimbursement.

Those who complete the two-year program will receive discharge planning services. These services will be a coordinated effort between correction and community supervision staff, county services and OCFS. These services will include:

The roundtables were held at the following locations: Region

Date

Location

Long Island

Tuesday, July 25th

Farmingdale College

NYC

Wednesday, July 26th

New York City

Mid-Hudson

Tuesday, August 1st

Rockland Community College

Capital Region

Wednesday, August 2nd

Empire Plaza

Southern Tier

Tuesday, August 15th

Binghamton University

Central NY

Wednesday, August 16th Onondaga Community College

Mohawk Valley

Tuesday, August 22nd

Mohawk Valley Community College

North Country

Wednesday, August 23rd

SUNY Potsdam

Finger Lakes

Tuesday, August 29th

College at Brockport

Western New York

Wednesday, August 30th Buffalo State College

State Specialized Secure Detention Facility The state will operate specialized secure detention facilities for AOs who are sentenced longer than a year in a facility. The state will continue to operate the Hudson Correctional Facility in Columbia County and create additional if needed. These secure facilities will be managed by the OCFS. An oversight council will be responsible for assessing the

34 N YSAC News Winter 2 0 1 8

Specialized therapeutic programs designed for adolescents to develop cognitive skills Academic transition plans Substance abuse treatment Upon the age of 18 AOs transferred to a state prison will receive a transitional plan.

Family reintegration Housing assistance Mental health and medical care Employment support Educational needs

These individuals will be monitored by Parole Offices and the county will have the ability to receive monthly reports on those AOs who completed with treatment programs.

County Specialized Secure Detention Facilities The new law prohibits 16 and 17 year olds from being placed in county jails. Beginning on October 1, 2018 a county must provide for 16 and 17 year olds in a specialized secure detention facility. Under the new law, youths awaiting trial or adjustment will be held pre-trial, for those AOs that have been sentenced to a year or less will serve their time in a county secure detention facility. The facilities will be certified and regulated by the Office of Children and Family Services (OCFS) and the State Commission on Corrections (SCOC). The OCFS and the SCOC in partnership will be creating regulations that explain the necessary standards of the facility, training for personnel and programs provided for the AOs. The secure detention facilities must have enhanced security, specially trained staff and be administered by the appropriate county agency, and the county sheriff. Not every county will be required to operate a facility, but must have one available for use. Continued on page 37

Issue Updates

Risk Assessment: Your Most Critical Control By Rob Zeglen NYSTEC Information Security Practice Lead

yber threats aren’t on the horizon. They’re here, and they do not discriminate—they are targeting citizens and government organizations alike. In 2017 alone:

M ore than 60 universities and US federal government organizations suffered malware attacks Thousands across the globe fell victim to WannaCry ransomware, including hospitals, emergency services, and organizations of every size At least 143 million consumer data records were compromised when credit agency Equifax was hit with a major cyberattack

No county gets a free pass when it comes to cybersecurity. A phishing attempt could successfully lure in an employee and put your county data or critical systems at risk. You could be the victim of a targeted Distributed Denial of Service (DDoS) attack that threatens to disrupt your county’s emergency services—or even hold them hostage through ransomware. When it comes to a cyberattack, it’s not a question of if, but when. Is your county prepared? Have you determined which systems are most at risk? Have you taken steps to reduce your attack space and plan for how you would respond to an attack?

Risky Business Keeping pace with current and emerging threats can be a challenge from a resource standpoint, even when your IT department does an excellent job overall. As more and more “smart” devices become connected, more data becomes available online, making it an uphill battle for county agencies to remain secure. And security matters. Data breaches have serious financial impacts, including: R evenue loss Cost of breach ($154 - $158/record according to 2016 Ponemon Institute) Credit monitoring (~$40/person per year) HIPAA penalty (up to $1.5 million per year) Cost of litigation and mitigation It’s not just your county’s finances that could be impacted. A data breach could lead to:

roductivity loss P Legal/regulatory/contract issues Damage to reputation Executive job loss Putting the safety of your citizens at risk

Your county systems represent desirable targets because of their critical nature. It’s important to identify the highest risk areas and spend your mitigation dollars wisely. Good security is not a product but rather a process that is well established within your organization. How can you improve your cybersecurity health? Perform a risk assessment. A risk assessment:

Will identify your county’s most critical risks Will help improve your cybersecurity awareness Should be a regular event May result in lower costs for cyber-breach insurance Will justify investments in cybersecurity improvements

Six Critical Steps An effective risk assessment generates findings and risk mitigation recommendations that are prioritized based on the impact and severity of the vulnerability if exploited by an adversary. But the completed risk assessment cannot just sit on a shelf. Risk assessments are effective only if you take action. Here are six critical steps in effective risk management: 1. Conduct a risk assessment based on the NYS standard NIST SP 800-30 2. Scope the assessment and focus it on those areas with sensitive data and most critical services 3. Perform vulnerability scanning to identify low-hanging fruit— before an attacker does it for you 4. Perform penetration testing on your most critical services 5. Follow through on the risk assessment by addressing the most critical risks first 6. Conduct long-term budget and resource planning Good cyber health is like physical fitness: you need to keep at it. Many counties can’t afford high-cost solutions and must mitigate risks with existing resources. The right security partner can help with this process. They not only identify risks but work with you to seek out rapid, low-cost methods to reduce risks in the short term. And in the long term, the risk assessment report serves as justification for obtaining the necessary budget to implement even better long-term solutions. Continued on page 37

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One organ donor can save an entire dance troupe.

YOU HAVE THE POWER TO SAVE LIVES. Thanks to the partnership with the New York State Association of Counties, itâ&#x20AC;&#x2122;s now easier than ever to join the New York State Donate Life Registry. Today we ask that you help us take another important step closer to achieving our goal of ensuring a transplant for every man, woman and child in need by accomplishing one simple task: Please include a link to the Donate Life Registry www.donatelife.ny.gov on your website so New Yorkers can easily educate themselves on the importance of donation and to learn how they can register as an organ and tissue donor. Together, we are saving and healing lives.

36 N YSAC News Winter 2 0 1 8

DonateLife.ny.gov facebook.com/DonateLifeNYS @DonateLifeNYS youtube.com/DonateLifeNYS

Continued from page 35

Continued from page 34

What Next? In today’s digital environment, counties face the very real possibility of enduring a cyberattack or major disruption while performing vital services to their populations. The best thing you can do right away is understand your business. Know where your critical data and services are so that you can focus remediation efforts there. Keep in mind that risk assessments should involve your organizational business areas as well as IT. Proper cyber health needs to become everyone’s responsibility. Attackers tend to go after the weakest points in an organization, so it is crucial to share your risk assessment reports with all stakeholders and make them part of the process. If you are unsure how to improve your cyber security health, conducting a risk assessment is absolutely the first step. Rob Zeglen, who leads the NYSTEC Information Security practice, has worked in information security for more than 20 years. He is based in Albany, NY. rzeglen@nystec.com

On December 8th, the Office of Children and Family Services (OCFS) released the Specialized Detention Emergency regulations. Under the new Raise the Age law, the Office of Children and Family Services is required by law to promulgate and publish the rules which apply to the newly created specialized secure juvenile detention facilities. These regulations will be on the State Register on December 20, 2017 and available for public comment. The public comment period will end at the close of business on Friday, February 2, 2018. The regulations are available for review and comment: http://ocfs.ny.gov/main/ legal/Regulatory/er/

Reimbursement The Governor’s Office stated that there will be an increase to local cost. Local costs will increase for law enforcement, local detention, court services, sheriff transportation, probation, youth services, and capital expenditures. The state intends to maintain the current reimbursement process for all county departments. Reimbursement will require costs tracking at the local level. Information about the application process for state reimbursement will be available on the NYS Divison of Budget website. County Departments Reimbursement is provided to counties and New York City for the added costs resulting from raising the age of criminal responsibility unless the most recently adopted county budget exceeded the allowable tax levy limit as prescribed in the general municipal law or demonstrated financial hardship. Three tests for reimbursement:

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1. Operating under a tax cap – all added costs resulting from raising the age of criminal responsibility will be 100% reimbursed. 2. Completing the Fiscal Eligibility Tests with the State’s Financial Restructuring Board (FRB) for Local Governments or completing the Office of the State Comptroller’s (OSC) Fiscal Stress Monitoring Assessment Tool. 3. If a county does not adhere to the tax cap or meet the FRB or OSC fiscal stress factors, the Division of Budget will determine whether fiscal hardship is demonstrated, factors include: incremental cost of RTA; changes in state or federal aid payments; extraordinary costs, such as disaster; infrastructure costs; growth in tax receipts; prepayment of expenses; fund balances; reserves, and surpluses; and control board oversight. NYSAC continues work with the state to discuss counties concerns regarding the timeframe and requirement of effectively implementing this new law.

1.888.795.0660 | 1.610.853.2008 | fax: 1.610.789.5168 850 West Chester Pike, Suite 200 Havertown, PA 19083-4442 www.tmfitzgerald.com

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Issue Updates

NYSAC Census Update By Mark Pattison Director of Local Government Services, NYS Dept. of State

his past fall NYSAC partnered with New York State to encourage counties to participate in the US Census Local Update of Census Addresses (LUCA) program, a critical first step to ensuring a full count during the upcoming 2020 decennial census. New York State has almost 100% participation of county governments in the LUCA update process – a big thank you to NYSAC leadership for their support! The census count drives more than $53 billion in federal funding to governments in New York each year. An accurate census not only ensures that New York continues to receive its fair share of that funding, it also maximizes New York’s political power during congressional reapportionment and is used for state legislative and local redistricting. Local governments, businesses, nonprofits, and other groups rely on census data to make planning decisions based on the population size and diverse backgrounds, characteristics, and experiences of each community. Municipalities that have registered for LUCA will start receiving address files for review in February of 2018. New York State has developed information and training resources that can help your locality with the LUCA review process.

Specialized Trainings and Technical Assistance New York’s Council on Children and Families has produced a series of training webinars for local governments participating in LUCA. These webinars can assist the staff in your municipality who are completing your LUCA submission. Many of the webinars are hosted by Robert Scardamalia, who served as New York's Chief Demographer for more than 20 years and has 30 years of experience working on multiple censuses. Robert (Bob) Scardamalia is available for one-on-one technical assistance regarding the LUCA process in your municipality, he can be reached at bob@rlsdemogrpahics.com. Recorded versions of these trainings can be accessed on the Council on Children and Families’ website at: http://on.ny.gov/2mbgJ5h

Mapping Hard-to-Count Communities The 2020 Census Hard-to-Count Map is a collaboration between the CUNY Mapping Service at CUNY’s Graduate Center and the Leadership Conference on Civil and Human Rights. It allows viewers to identify areas where the population is more difficult to enumerate accurately. You can use this mapping tool to identify census 38 N YSAC News Winter 2 0 1 8

tracts in your community that have higher proportions of crowded households or multi-family residences – these are housing types that are more likely to be missing from the Census Bureau’s address list. Find the map and accompanying user guide at: http://www. censushardtocountmaps2020.us/

Internship Matching Program The Council on Children and Families is also helping local governments build their capacity by matching prospective interns with local governments who need help analyzing address data. The Council can connect you with students from universities and colleges across the state who have expertise in demography, geography, social sciences, computer sciences, public administration and public health. For more information visit: http://on.ny.gov/2CQCJwC

New York Block Browser LUCA Evaluation System (NYBBLES) Cornell University’s Program on Applied Demographics has created NYBBLES, a tool to help local governments predict which Census Blocks have the greatest potential number of updates. The tool compares the number of housing units on record in real property tax data and the Census Bureau-published counts of housing units in each census block. NYBBLES can highlight the areas where the discrepancy, and thus the potential for valid additions through LUCA, is largest. NYBBLES, which is searchable by county, includes data for every municipal jurisdiction within your county. NYBBLES, and its accompanying user guide, can be found at: http://bit. ly/2EhyW84. New York State is committed to partnering with local governments to make sure every New Yorker is counted in the 2020 Census. We will continue to work with NYSAC to provide updates regarding LUCA and other census initiatives, including working with local communities to develop outreach programs to make sure all New Yorkers participate in the 2020 Census count. For more information please contact the New York State Department of State, Division of Local Government Services: E-mail: localgov@dos.ny.gov Telephone: (518) 473-3355 Toll Free: (800) 367-8488

Issue Updates

Moving the Barometer: Overcoming Barriers to Shared Services in Local Government By Ronald J. Laberge, PE Executive Vice President, Laberge Group

Dennis G. Pilla Principal of DP Strategic Advisory Services, Laberge Group

very level of government in New York State is facing a new day as they respond to the repercussions of a slow economic recovery coupled with the realities of developing municipal budgets that must include unfunded mandates, and balance an increasing demand for quality services while at the same time keeping the budget under the tax cap. Shared services strategies have It is easy to jump on the become more and more critical shared services and to help municipalities meet these government efficiency demands and has moved from bandwagon, but when it is rhetoric to a standard of practice. time to act are you ready to overcome the barriers? State and local officials are aware of the high costs of duplicated government services and they have responded by encouraging innovative solutions through inter-municipal cooperation. As economic conditions continue to strain the budgets of many local governments, discussions about consolidation and shared services agreements have flourished. Resource sharing is not a new concept in New York State; many local municipalities have been working together and sharing resources for decades on an informal basis. The current challenge is to identify new areas for sharing, both where savings are possible and barriers can be overcome to take advantage of these opportunities. The goal is simple – to maintain or improve delivery of service while achieving cost savings. While many local government leaders cite increased efficiency and/or the decreased costs as the primary shared service goal during a fiscal crisis, the process often leads to a further discussion about equity, quality, and local control.

Government Do-Over Day If you had a chance, what changes would you make on a Government Do-Over Day? We all have ideas that fall under the same goal – improve delivery of services while simultaneously lowering the cost to taxpayers.

Would you review local and regional services, place all staff, facilities and assets on a “white-board” to reorganize and redeploy your assets?

Benjamin H. Syden, AICP Vice President, Laberge Group

But if it is so easy, why isn’t everyone doing it? What are the drivers of change, and what are the obstacles or barriers in our way?

Identifying the Barriers Sharing services is a proven way to lower costs and increase fiscal and operational efficiency. Cooperating with a neighboring municipality, school district, or quasi-public agency can produce direct cost savings to services that can be shared. Savings can be the result of economizing on the scale of shared purchases, consolidating staff, or reorganizing service delivery routes to increase productivity and efficiencies (i.e. winter maintenance or sanitation). A shared service approach that charges a fee based on actual utilization can also reduce service delivery costs, as can functional or full consolidation. In preparing to enter planning of shared services, it is important to understand the barriers. Fear of change often paralyzes local leaders or staff members. The barriers to successful shared services are often political and center around the level of service provided, personnel management issues, and fiscal impacts. First and foremost is the fear of a loss of political power and control. Communities may have different political allegiances, making sharing services a challenge. There likely will be internal politics associated with who will oversee the shared services program, the location and type of service delivery, and the budget and cost allocation of the services rendered. While sharing services and yielding cost savings is the goal, municipalities aim to control their direct ability to address their unique needs and conditions. This is one of the most critical barriers for sharing. In addition, if there is a shared management team, how the roles will be shared between the two or more entities at times results in having to rise above trust issues that may exist between the entities. To overcome these issues, it is important for local authorities to carefully consider their agreements and not to rush into a situation that may not be the right fit. A second batch of obstacles comes equally from elected officials and residents alike – a fear of the degradation of the level of services provided. While many municipal functions are provided similarly (i.e. highway or DPW services, assessment, purchasing, licensing, billing, IT technology, public safety and fire services), the level and response rate often vary across boundaries and even across regions. A third group of barriers arises from staff. Sharing services typically means consolidating resources and personnel into a shared function and so there are potential job losses and foreseeable interest and Continued on following page www.nysac.org

Continued from previous page

Identifying the Barriers Loss of Political/Power Who’s in Charge Seal/Logo Community Identity Control Budget Timing of Provision of Services Staffing – Hire/Fire Level of Service Concierge Services Frequency Police/Public Safety Response Time Degradation of Service Provision Unions Benefits Titles Longevity Job Loss Fiscal Cost Staffing Facilities Revenue Compatibility of Capital Assets

participation of unions. Often this is the most significant barrier to shared services, and much care must be taken to evaluate the positions and services to be involved in sharing agreements and to preserve the rights and future of our valued municipal employees. F i n a l l y, w h i l e potentially less volatile and/or emotional than these barriers, fiscal concerns and obstacles are very real. Compatibility of equipment, training, staff and facilities can be a sticking point in negotiations especially when communities have different resources. In addition, municipal

Successful shared services are built upon committed and cooperative leadership, and have a major bearing on the success of any initiative, particularly where service realignment and potential staff reassignment is concerned. Effective collaborative working is first and foremost a human resources and political challenge. Leaders must build trust – with other local officials, with the staff and employees, and with the general public. A case for change must be developed and well articulated, and community buy-in is a requirement for success. Begin with identifying the “low hanging fruit.” Areas of potential small projects may be found in the back office functions of purchasing, information technology, billing, receiving of taxes, and human resources. Larger more visible changes or opportunities for shared services may be found in joint fueling and/or equipment sharing, joint winter and summer maintenance, or in the consolidation of special districts, courts and public safety.

treasurers and comptrollers will all have questions regarding the repayment of debt, potential loss of revenues, and the long term cost of services. Each of these can be negotiated in good faith.

and Communication Key Actions: Work with partners to develop a clear vision and plan Communicate the vision to all relevant stakeholders Allow all relevant stakeholders to be involved in ‘fleshing out’ the vision Ensure that the goals and values of the partnership are clearly articulated Deal with concerns and misconceptions Ensure the rationale shows the contribution of each partner Explain to individuals and groups the benefits they can expect Services Key Actions Understand areas of weakness Build a strong case for redesigning process and organizational structure Identify the new skills needed for managing and operating a shared service Maximize the potential contribution that existing staff can make through re-deployment and training Staffing Key Actions Be aware of the effects change will have on employees and public opinion Job losses may be inevitable - carefully examine redeployment opportunities Initiate early dialogue with union officials Build commitment among staff to a new way of working

Overcoming the Barriers to Shared Services in Local Government

Now is the time to set a clear vision, identify the opportunities and the barriers to success, and plan cooperatively.

Demonstrate Leadership Successful shared services are built upon committed and cooperative leadership Leadership must understand and promote the 4 "C's" of Shared Services:  Communication  Coordination  Collaboration  Cooperation

To overcome the barriers identified above, it is important to have strong leadership, a clear vision and to promote the four “C’s” to shared services:

Communication Coordination Collaboration Cooperation

40 N YSAC News Winter 2 0 1 8

Vision

Laberge Group has provided municipal consulting including engineering, planning, community and economic development, surveying and shared services throughout New York State for over 50 years. They have secured over $181 million of funding for clients since 2000.

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 ¥¥NO COST to sign up ¥¥Rebates on 100% of dollars spent ¥¥Reduced check writing costs ¥¥Expedited payment to vendors (24 - 48 hours) ¥¥Reduced paperwork for requisitions, purchase orders and invoices ¥¥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© ¥¥$0 liability for lost or stolen cards ¥¥Ensures quick startup - program implemented 6 to 8 weeks from the receipt of application ¥¥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 large-ticket items. All purchases are eligible for the rebate.

Lower Costs, Improved Technology And Access 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.

1 www.nysac.org

Issue Updates

National Issues of Concern to Counties in 2018: Helping Election Boards Protect Voting Systems By Jacob Terrell, Valerie Brankovic, and Jack Peterson National Association of Counties

n Nov. 29, the U.S. House of Representatives’ Committee on Oversight and Government Reform conducted a hearing on the current state of cybersecurity and the nation’s voting machines. The session focused on identifying actions that Congress, the Administration, and state and local governments can take to ensure voting systems are secure ahead of the 2018 midterm elections. The cybersecurity of the nation’s elections infrastructure has become an increasingly pressing issue for state and local officials. In September 2017, the Department of Homeland Security (DHS) notified 21 states of Russian government hackers’ attempts to interfere with state election systems during the 2016 election. Shortly thereafter, the agency announced the creation of an election security task force to enhance coordination between federal, state and local election officials. During the hearing, Christopher Krebs, who serves as the under secretary for the national protection and programs directorate at DHS, testified and highlighted the importance of coordinating efforts between federal, state and local election officials in combatting malicious cybersecurity threats and ensuring the integrity of election systems. Krebs also highlighted DHS’s partnership with the Multi-State Information Sharing and Analysis Center (MS-ISAC), which DHS has charged with working closely with state, local, territory and tribal governments on mitigating and responding to cybersecurity threats, and their ability to perform comprehensive reviews of locally owned systems to identify cyber vulnerabilities. NACo is committed to working with lawmakers to ensure that counties have access to resources to mitigate cybersecurity threats ahead of the 2018 midterm elections. We will continue to engage DHS, and the MS-ISAC to raise awareness of current resources provided by the federal government to help bolster our cybersecurity.

Counties Urge Congress to Pass Sales Tax Bill That Levels the Playing Field for Main Street Businesses In 1967, the Supreme Court decided that a state could not require a business to collect sales tax unless it had some physical presence within the state, placing some emphasis on the potential administrative burden on businesses to comply. The case was National Bellas Hess v. Illinois Department of Revenue, and it has set the stage for the current debate on taxing Internet sales. In the 1992 case of Quill v. North Dakota, the Court essentially reaffirmed the decision in Bellas Hess, but they also acknowledged that 42 N YSAC News Winter 2 0 1 8

the underlying issue of the burdens that use taxes impose on interstate commerce is one that Congress has the ultimate power to resolve. This issue has yet to be resolved. The retail world as we know it today is far different than what existed in 1967 and 1992, both technically and administratively. Advances in technology allow businesses to reach customers thousands of miles away and seamlessly conduct transactions without many of the burdens that existed before. Sales in e-commerce has experienced substantial growth. Since 2006, annual e-commerce sales have averaged more than $200 billion in the US. In 2015, Internet sales accounted for over 10 percent of all retail sales. Counties care about Internet sales transactions because as retail sales increase online, they decrease sales on main street, which takes money from community brick and mortar stores and reduces sales tax revenues used to fund county programs and services. In the late 1990’s, Congress began exploring its impact on everyday lives and whether policies needed to be established to help the industry grow. As a result, Congress created the Advisory Commission on Electronic Commerce to explore various issues, such as electronic commerce and tax policy. The Commission’s work served as a foundation for the Streamline Sales and Use Tax Agreement (SSUTA), which was designed to simplify sales and use tax collection and administration by retailers and states. NACo has long-supported this effort and is an active participant, serving on the State and Local Advisory Council to the Streamline Governing Board. The Agreement minimizes costs and administrative burdens on retailers that collect sales taxes, particularly retailers operating in multiple states, by calling for: uniform tax definitions, uniform and simpler exemption administration, rate simplification, state-level administration of all sales taxes, uniform sourcing of taxable sales and state funding of the administrative cost to businesses. Currently, 24 states have passed legislation to conform to the SSUTA, meaning sellers registered under the Agreement in those states must collect sales and use tax for all taxable sales made into SSUTA states. As an ongoing policy platform, NACo encourages efforts to reduce the complexity of state and local sales and use tax laws and urges Congress to pass legislation codifying the Streamlined Sales and Use Tax Agreement. NACo also supports granting counties the authority to enforce the collection of already existing sales and use taxes from remote sellers.

Counsel’s Corner: Local Laws

Counsel’s Corner

By Patrick Cummings NYSAC Counsel

YSAC tracks and makes available local laws that have been passed our member counties. Understanding what other counties are doing to address their local issues or needs can provide ideas for you, our local leaders, to use in some variation in your county. Below are brief descriptions of unique and recently passed local laws by our members as well as a web address link to find the entire the local law.

The law defines “electrical work” as “(t)he installation, erection, alteration or repair of electrical wiring, apparatus, fixtures, devices or other equipment used or to be used for the transmission of electricity for electric light, heat, cooling, power (including solar), signaling, communication, alarm or data transmission.” The law also defines what qualifies as a Master Electrician, a Helper Electrician, and a Journeyman Electrician.

Erie County to Impose Penalties for Individuals Impersonating Veterans for Personal Gain

In order to create the regulations controlling this system the law establishes a Board consisting of nine members, all county residents or that own a business within the county. Board members are appointed by a majority vote of the Legislature. Board members shall serve a term of three years and at the pleasure of the Legislature. The Board shall meet at least seven times in a calendar year and the Board shall prepare a manual of its duly adopted rules and regulations, which shall be made available for public inspection.

On November 20, 2017 the Erie County Executive signed into law penalties for an individual who fraudulently represents him or herself as a decorated veteran in order to obtain money, property or other tangible benefits. The Erie County Legislature found that Veterans of the United States Armed Forces place their lives on the line and some veterans go beyond the call of duty during their service, risking their personal safety taking action worthy of honor. For these heroic actions many soldiers receive decorations or medals, which provide lasting and public recognition. The Erie County Legislature found that unfortunately some individuals falsely claim to have received such decorations to obtain tangible benefits, money, or other valuable items and these negative actions tarnish the accomplishments of those men and women who truly earned their military decorations. The local law states no person shall, with the intent of obtaining money, property, or other tangible benefit, fraudulently hold himself or herself out to be the recipient of a military decoration or any of the following medals: the Congressional Medal of Honor, Distinguished Service Cross, a Navy Cross, an Air Force Cross, a Silver Star, a Purple Heart, or a Combat Badge. A violation of any portion of this article shall be punishable by a fine of up to $250 for the first offense, $500 for a second offense within one year, and $1,000 and/or up to one year's imprisonment for a third offense within the same year. View the law at http://on.ny.gov/2CyM8EY Putnam County Passes Local Law to Regulate and License Electrician Work On September 29, 2017, Putnam County passed a local law to regulate and license the business of electricians in order to protect and promote safety to their residents. The law states that requiring an electrician operational license can protect against the loss of life and property by ensuring of installation and repair of electrical wiring is undertaken by persons with experience and training.

The Board shall have the power to grant and issue periodic licenses/registrations for master electrician, special electrician, low voltage/limited data communications technician, journeyman electrician and helper electrician. The Board shall have the power to suspend and/or revoke licenses and registrations issued hereunder and/or assess and impose civil penalties for cause as prescribed by the provisions of this chapter. View the law at http://on.ny.gov/2EgFQdD Albany County Passes Law Aimed at Reducing the Wage Gap Between Men and Women On November 13, 2017 the Albany County Executive signed into law a measure to help reduce gender wage gaps. The Albany County Legislature found that women are paid only 79.6 cents to the dollar paid to men. The Legislature further found that since women are paid on average lower wages than men, basing, wages upon a worker's wage at a previous job only serves to perpetuate gender wage inequalities. Therefore, this local law addresses the wage gap between women and men by prohibiting employers from requiring job applicants to provide prior or current salary information before offering them employment, further that salary offers should be based upon the job responsibilities of the position sought by the applicant. Now within the county it shall be an unlawful practice for an employer or an employment agency to: (1) screen job applicants based on their wage, including benefits or other compensation or salary histories, including by requiring that an applicant's prior wages, Continued on page 45 www.nysac.org

Steuben County Looks to Youth to Build the County’s Future By Bill Caudill Steuben County Youth Bureau Coordinator

quipping local youth with the skills to lead their communities is the focus of the Steuben County Youth Bureau, which provides programs to identify and develop the young adults’ leadership skills.

The bureau’s efforts are essential in preventing the flight of young professionals out of the region – an issue that plagues many counties across upstate New York – and finding informed leaders willing and able to fill vacancies on leadership boards and other community initiatives. “We put them in places where they can work with decision makers,” said Steuben County Youth Bureau Coordinator Bill Caudill. “We give them a process to help them develop their skill sets.” The county Youth Bureau has added four youth to its 12-member Steuben County Youth Board, and developed an annual Youth Leadership Summit conference, which is now in its fifth year. These Youth in Government program gave a foundation for these recent initiatives. The result of these efforts is easy to see. The youth of Steuben County have become well-informed and are better prepared to take an active role in their communities, their future and, in some instances, poised to take a larger role on state and federal levels. And the youth begin to feel empowered when they ask for change and it occurs. “They see things with fresh eyes, sometimes seeing things I don’t see,” County Public Works Commissioner Vincent Spagnoletti said. In response to students’ resolutions, the Public Works Department widened a road t o ac c o m m o d a te students on bikes, put in a retaining wall to stop road slope and settlement, added guide rails and changed road striping. For some youth, the next step is becoming the change they want to see. That involvement is now a tradition in Steuben County, with two early YiG participants leading the way. County Legislator Scott VanEtten parlayed his YiG experience into a successful bid for Town Council in Caton, NY at the age of 18. He resigned two years later to complete his undergraduate degree and was later elected Caton Town Supervisor, serving in that position for

44 N YSAC News Winter 2 0 1 8

16 years. Now a retired Corning, Inc. sales manager VanEtten chairs the Legislature’s Finance Committee. Another YiG alumnus, county Legislator Aaron Mullen is an attorney, and vice chairman of the County Legislature’s Public Safety and Corrections Committee. “Having these two gentlemen serve as examples for our youth, and in fact the support of the entire Legislature, is important in helping our participants begin to understand we need them to be leaders,” Caudill said, “… and that we need them to be leaders here in their communities.” That message is apparently getting through, as recent Youth Bureau graduates prepare to take strong leadership roles in the near future. A Youth in Government intern and Youth Board member, CanisteoGreenwood graduate Jacob Brown also attended two SYLS conferences. Brown, a Political Science major, with a Public Law concentration, works for the University at Buffalo Student Association, and attended the SUNY Students' Association conference in November in Albany. Brown also serves on the Erie County Youth Board. Another recent YiG intern, and Bath-Haverling graduate, Dylan Marshall said the experience was life changing. “I was really more interested in high school athletics, not much of a student, really,” he said. “But I don’t know, (YiG) came at the right time and really took hold.” A Communications major at Finger Lakes Community College, Marshall minors in culture and languages. He is active on the FLCC Association, Inc. Board of Directors, Student Corporation Executive Committee Board of Directors, and Academic Senate board, and has set his sights on continuing those studies next year at SUNY Albany. Continued on following page.

Continued from previous page.

Continued from page 43

Brown and Marshall say the county youth programs gave them insight into the importance and effectiveness of county government.

including benefits or other compensation or salary history, satisfy minimum or maximum criteria: or (2) request or require as a condition of being interviewed, or as a condition of continuing to be considered for an offer of employment, that a job applicant disclose prior wages of salary history; or (3) seek the salary history of any job applicant from any current or former employer: provided, however, that a job applicant may provide written authorization to a prospective employer or employment agency to confirm prior wages, including benefits or other compensation or salary history.

“I found out there was a lot to county government I didn’t know was there,” Brown said. “You know, the way people look at politics now, government isn’t seen as a good thing. But really, the county is where you can have a voice. People will listen to you.”

A closer look at the programs: Youth in Government (YiG) The program began more than 30 years ago as a way to introduce high school juniors and seniors to the legislative functions of county government. Currently, the 10-week program allows students to meet with county department heads, tour facilities and to present and vote on resolutions in a simulated legislative session. Several of those resolutions have been acted on by departments or adopted later by the county Legislature. Steuben County Youth Board Once a board composed only of adults representing different youth-oriented agencies, the panel now includes four youth appointed for two-year terms. The board meets to discuss the Youth Bureau’s programs including after-school, summer recreation, alcohol and substance prevention, and youth leadership development initiatives. Steuben Youth Leadership Summit (SYLS) With attendees selected from high schools, recent graduates, home schools and the potentially disenfranchised, the SYLS seminar provides an opportunity for participants to develop their leadership skills. The one-day summit provides an opportunity for students to meet and question state legislators, and elected county and civil officials. They begin to explore their communities’ interconnectivity, what their leadership styles are and how to develop them. “We draw a lot of our participants from junior firefighters, EMTs, and 4-H youth.” Caudill said. “Our main goal is to find youth who are already active in the communities.”

View the law at http://on.ny.gov/2F5LvV1 Suffolk County Passes Law to Ensure Access to Naloxone at Substance Abuse and Mental Health Service Providers As part of the ongoing opiate addiction crisis, the Suffolk County Legislature found that more and more people addicted to opiates are seeking help for their addiction at substance abuse treatment providers and mental health service providers. The Legislature found that naloxone is an antidote that can reverse opiate overdose as they occur, saving lives. This Legislature determines that mental health service providers and substance abuse service organizations should have naloxone on site with staff trained in its administration to protect the vulnerable populations they serve. Therefore, the purpose of this law is to require mental health service providers and substance abuse service providers which contract with the county to have naloxone and employees trained in administering Narcan on site at all times. Accordingly, prior to the award of a county contract, grant or funding to a mental health service provider or a substance abuse service provider, the mental health service provider or substance abuse service provider must file a written attestation with the county that they shall, during the term of their contract or grant have naloxone on premises at all times and have staff trained in the administration of naloxone on premises at all times during business hours. View the law at http://on.ny.gov/2m1NgKq

Both men have joined their voices in student-led advocacy for DACA and the Dream Act, the Excelsior scholarship, and environmental sustainability causes. They’ve seen how a united effort can be heard across the state and the nation. “Once people recognize there is an immediate impact with local legislation, the more change will be implemented,” Marshall said. “As students, we need to put pressure on elected officials to hear our voice because soon it will be us in those positions.” www.nysac.org

Energy Performance Contracting: A Case Study from St. Lawrence County By Jason Denue, PE, Sr. Associate Principal, Wendel

few years ago, St. Lawrence County had an infrastructure problem. It had a number of capital projects it needed to undertake at its facilities, while dealing with rising utility costs. The county was searching for the best approach to implement the projects. Most importantly, it didn’t know how to pay for them. Many county officials are familiar with the traditional procurement process of selecting an architect or engineer to design a project, going out to bid for the construction work, and hoping the low bidder does a good job. St. Lawrence County wanted more control over its capital needs and it wanted limited financial resources to be stretched as far as they could without overburdening taxpayers. After some research, the county determined that energy performance contracting was the way to go. Energy performance contracting is unlike the traditional design-bidbuild process to which most municipalities are accustomed. Rather, it is a design-build process, whereby one entity – an energy services company, was retained under one contract for both the design and construction of an energy efficiency project. Is this legal? Yes. As regulated by Article IX of the New York State Energy Law, energy performance contracting is essentially the only legal design-build option available to local governments. (NYSAC continues to lobby for state legislation to allow counties more flexibility to use the design-build approach.)

Defining features of an energy performance contract include: E nergy cost savings pay for capital improvements Design-build implementation with an energy services company Savings are guaranteed Energy services company procured through a written RFP

As you might guess by its name, energy performance contracting must relate to capital projects that involve the implementation of energy efficiency measures. Under such a tool, the energy and cost savings realized by the county (or city, town, village, school district, other eligible entity) over time are used to pay for the project. 46 N YSAC News Winter 2 0 1 8

To proceed, St. Lawrence County issued a Request for Proposals for an energy services company to provide the turn-key improvements they were looking to achieve at their buildings, including the Harold B. Smith Building, Courthouse Complex, Correctional Facility, and Human Services Center. These improvements included replacing interior lighting to LED technology, upgrading HVAC equipment and controls systems, boiler upgrades, and roof replacements— all of which directly related to energy consumption and annual operating costs. After a careful review of proposals, St. Lawrence County selected Wendel Energy Services, as the architect/engineer on the project as well as the general contractor. Having a single point of contact throughout the life of the project eliminated the potential for miscommunication, delays, or adversarial relationship that sometimes stem from having multiple firms involved in project delivery. Going into a comprehensive project like this the scope is not fully known, even at the time of the RFP. This is another way in which energy performance contracting is unlike traditional procurement processes, where a well-defined bid package usually exists. After being hired, St. Lawrence County and Wendel worked together to define the scope of the project. This study process was funded in part through a grant from NYSERDA’s Flexible Technical Assistance Program. The county had the freedom to choose only those energy conservation measures that made economic sense, or that were necessary to prevent an imminent equipment failure, after the detailed energy study had been done. The county also had the freedom to select the subcontractors it knew and trusted. Under an energy performance contract there is no required public bidding process to procure the construction labor or materials. Still, a private bid process was used to obtain competitive pricing. Continued on following page.

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As for the price, it was initially thought that the project cost would be approximately $3.2 million. Obtaining competitive subcontractor pricing drove costs down to $2.9 million. During construction, as the scope of work was refined and as incentives were secured from the state and the utility company, the final project cost to the county was further reduced to $2.42 million. Unused contingency was returned to St. Lawrence County. As a result of the project, St. Lawrence County reduced its energy usage by 21%. The dollars associated with that savings were repurposed to finance the needed improvements. In the end, St. Lawrence County could overcome the infrastructure challenges it was facing by self-funding a series of facility upgrades while achieving sustainability goals. According to Michael J. Cunningham, Director of Governmental Services for St. Lawrence County, “the completed project is performing well and is anticipated to exceed the guaranteed savings.”

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