SPECIAL MEETING Morning Session. Thursday, November 15, Legislative Chambers

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1 SPECIAL MEETING Morning Session Legislative Chambers The County Legislature of the County of Steuben convened in Special Session in the Legislative Chambers in Bath, NY on the 15 th day of November, 2018 at 10:00 a.m. and was called to order by the Chairman of the Legislature, Joseph J. Hauryski. Roll Call and all members present except Legislators Lando, Maio, Potter, Roush and Schu. Mrs. Ferratella provided the Invocation and the Pledge of Allegiance was led by Mr. Ryan. Mr. Wheeler, County Manager, presented the following 2019 budget message: Executive Summary PRESENTATION OF BUDGET MESSAGE The proposed 2019 Steuben County Budget continues the spending framework set by this Legislature to maintain core services and infrastructure while funding State-mandated programs. This budget achieves these goals, all while holding the tax levy flat, which is a feat that you as legislators should be lauded for. This is the third consecutive year that you have put forth a budget with no increase in the levy, which is extremely rare in local government. Your hard work and keen spending policies have made this possible. While there are many positives, the 2019 Budget also marks the first year that Steuben County is forced to confront the fiscal and operational realities of two large State mandates Raise the Age and Hurrell- Harring compliance. We have budgeted revenue to offset the significant increases in staffing, but these costs require consistent monitoring to ensure that New York State lives up to its promises in paying for the implementation of their policies. For 2019, Public Safety continues to be an area of increased cost to the County. The investments made in personnel to combat the opioid crisis and other critical issues account for a large portion of this growth, and are paying great operational dividends. As always, this Legislature is judicious with spending decisions, but has made targeted investments for the safety of our communities. The 2019 Budget is a fiscally responsible and realistic planning tool that will guide our departments in the year to come and is a fine example of thoughtful collaboration between our elected officials, department heads, staff, and stakeholders. Recognition As always, the development of this budget is a team effort, and many individuals deserve recognition for their assistance: All Legislators, Specifically the Finance Committee o Scott Van Etten, Finance Chairman o Gary Swackhamer, Vice Chairman o Kelly Fitzpatrick o Gary Roush o Brian Schu 1

2 Joseph Hauryski, Legislative Chairman Carol Ferratella, Legislative Vice Chair Finance Department o Pat Donnelly, Commissioner o Tammy Hurd-Harvey, Deputy Commissioner Mitch Alger, Deputy County Manager All Department Heads In addition to these elected and appointed officials, it s critical to note that it s the staff of Steuben County that are responsible for implementing these spending plans and they do a tremendous job year in and year out. Total Budget The total proposed budget for 2019 is $191,041,355, representing an increase of $193,776 or.10% in total expenditures. Conversely, projected revenues are $141,052,240, an increase of $202,573 or.14%. The following chart details the five-year history of total budget figures. YEAR EXPENSES REVENUES TAX LEVY 2015 $176,261,507 $126,712,991 $49,548, $175,040,019 $125,029,443 $50,010, $177,761,973 $127,753,202 $50,008, $190,847,579 $140,849,667 $49,997, $191,041,355 $141,052,240 $49,989,115 There have been significant changes in both total expenses and revenues in recent years, primarily the result of capital projects in the Landfill and accounting for municipalities shares of sales tax, which do not impact the tax levy (net cost). As a result, this Legislature has held the line on taxes, with the levy virtually flat over five years. Budget Comparison By Category For 2018, we are projecting changes in the net (county) cost by operational category. The following chart displays the anticipated cost differentials in comparison to 2018, in descending order by change in net cost. A more detailed narrative of significant changes is provided in the next section. BUDGET CATEGORY Public Safety (Sheriff, Jail, 911, Probation, Emergency Management) General Government (Central Office Functions, Court-Related Functions) Transportation (Public Works) NET CHANGE % CHANGE $1,122, % $377, % $355, % 2

3 Health (Public Health, Community Services) Economic Assistance & Opportunity (Social Services, Veterans' Service, Office for the Aging,) Home & Community Services (Planning, Agriculture & Livestock, Economic Development) Education (Community Colleges, Special Children's Services Education Costs) Culture & Recreation (Parks, Youth Bureau, Libraries, Historian) $204, % $146, % $96, % $42, % $25, % Over the past five years, the County has steadily increased its investment in Public Safety, both due to state-mandated staffing in the Jail and to increase the number of law enforcement officers in the Sheriff s Department. This cost category has grown on average $777,179 or 3.77% per year since 2015, as demonstrated in the graph below. Fortunately, the County has largely been able to keep spending in Economic Assistance & Opportunity, our human services cost category, relatively flat over five years. The average expense increase in this category over that timespan has been $322,832 or 0.48%. The anticipated Medicaid cost was decreased $200,000 for We are not at the statutory cap yet, but over the course of the next few years, we will have to increase Medicaid about $500,000. 3

4 Finally, the County has been successful in maintaining its investment in our transportation infrastructure, specifically within the Department of Public Works. With the extensive road and bridge system in this County, it is necessary to commit significant funds to maintenance and upkeep to prevent more costly repairs in the future. The average cost increase over the past five years within the Transportation category has been $205,647 or 0.78%. Major Changes in the 2019 Budget Raise the Age (RTA) October 1 st, 2018 marked the implementation date of Raise the Age (RTA) in New York State. RTA was passed by the State Legislature and signed by the Governor in 2017, raising the age of criminal responsibility to age 18, with criminal cases for 16 and 17 year olds being handled in a new Youth Part of Superior Court, or Family Court. This law will have a dramatic impact upon staffing, operations, and finances of counties, as we are the service arm that will implement many of the changes. We will be enhancing community-based alternatives to detention for these 16 and 17 year olds, which will necessitate additional staff in Probation, Social Services, and Community Services. The County Attorney s office will have increased caseloads for the Youth Part and Family Court, requiring more personnel. Criminal court attorneys on both sides of the isle have to prepare for separate and new hearings, especially off-hours, impacting the District Attorney and Public Defender. And finally, the Sheriff will be responsible for increased transportation of these youth until a viable detention alternative is found in the Finger Lakes region. While all RTA costs in the 2019 are fully offset by anticipated state reimbursement, it is important to note the significance of this program and associated dollar value. The State has promised full reimbursement of RTA costs, as long as the County stays within the Property Tax Cap each year. We ve been deceived by Albany many times prior, so it s critical that the County monitor the costs and revenues of this program and hold Albany accountable for their end of the bargain. Below, please find a summary of the RTA expenses included in the 2019 Budget, which are fully offset by budgeted State reimbursement. As our formal RTA plan has not yet been approved by the State, we have only included expenses and revenues that we are confident the State will approve. The specific figures will likely change via budget adjustments reviewed by this Legislature in 2019, with no County cost increase. 4

5 Raise the Age Expense Summary Department Probation Probation Officer ($43,416 + Fringe) Probation Officer Trainee ($32,024 + Fringe) Operation of Vehicles, Supplies, Office Expenses Social Services Grade B Supervisor (1/3 Time - $28,295) Senior Caseworker ($ 52,286 + Fringe) Caseworker ($42,698 + Fringe) Senior Social Welfare Examiner (1/2 Time - $30,751) Additional TANF Services - $166,480 Additional Detention Services - $215,937 Additional Preventive Services - $121,000 Additional Foster Case Placements - $438,000 County Attorney Senior Assistant County Attorney ($79,583 + Fringe) Senior Typist ($32,804 + Fringe) Cost $130,000 $1,184,784 $179,819 District Attorney Stipend for On-Call Consultation & Arraignments $9,100 Public Defender Stipend for On-Call Consultation & Arraignments $36,000 TOTAL $1,539,703 Hurrell-Harring Compliance As discussed in recent years, the indigent defense system will be changing based upon the State s settlement in the Hurrell-Harring suit. The 2019 budget marks the first year that Steuben County will see a direct impact of these mandated changes in our spending plan. The NYS Office of Indigent Legal Services (ILS) has established three main areas that we as a County must focus our efforts toward and for which the State will reimburse our costs: Caseload Reduction, Quality Improvement, and Counsel at First Appearance. ILS has indicated that 2019 is the first year of a five year implementation plan, with reimbursements increasing each year, topping out at approximately $1.6 million in The departments eligible for this enhanced funding are the Public Defender, Conflict Defender, and Assigned Counsel (administered by the County Attorney). Any fiscal impacts of this system change upon 5

6 the District Attorney, Sheriff s Department, or any other County agency will be ineligible for reimbursement and therefore are a direct County cost. Incrementally each year, the County will be required to increase staffing to meet caseload standards and improve quality. Our proposals will be brought before Legislative committees and this full body during the budget process. As with RTA, we are relying upon promises made by the State for sustained funding, and will need to continue to monitor implementation. Below is a breakdown of the new expenses for Hurrell-Harring compliance, which are fully offset by anticipated State reimbursement in the budget. Hurrell-Harring Expense Summary Department Public Defender Assistant Public Defender ($66,769 + Fringe) Senior Account Clerk-Typist ($38,925 + Fringe) Counsel at First Appearance Costs Conflict Defender Typist ($30,311 + Fringe) Software, Office Costs, Etc. Cost $235,725 $65,913 Assigned Counsel (County Attorney) Training/Professional Development $4,558 TOTAL $306,196 Sheriff/Jail The 2019 Budget includes significant increases in Public Safety, specifically in the Sheriff s Department and the Jail. These escalations are not a surprise and are the result of policy decisions previously made by this legislature to invest in additional law enforcement officers to combat the opioid and drug epidemic, in addition to contractual salary increases to retain and recruit top talent. As such, this budget shows four additional Sheriff Deputy positions in comparison to The net County cost increase in the Sheriff s Department budget is $512,915 or 16.93%. For the Jail, we continue to experience the impact of mandated staffing levels, along with costs that are often difficult to predict such as medical expenses and outside housing of inmates based on court orders. For 2019, the County cost increase in the Jail is $278,545 or 3.88%. Public Works As previously mentioned, the 2019 Budget continues the Legislature s commitment to maintaining roads, bridges, and machinery in Steuben County. The County is responsible for the maintenance of approximately 680 miles of roads and 189 bridges on County roads, in addition to the support for Town and Village roads. As such, the Legislature continues the practice of dedicating millions of dollars to 6

7 ensure our transportation infrastructure is top notch. This is not only a benefit to our residents, but to economic development and quality of life initiatives. For this department, the 2019 budget includes a cost increase of $355,862 or 1.37%. Equipment & Capital Projects The draft budget includes a County cost of $240,157 for Minor/Small Equipment (less than $3,000) per item, with significant portions allocated to the Sheriff s Department ($93,670), Public Works ($59,200), and the Jail ($45,730). As in previous years, the proposed budget includes a large allocation for Major Equipment (more than $3,000 per item), most of which are replacement of vehicles, equipment, and infrastructure. The total County cost for Major Equipment is $2,129,441, with the majority of funds going to Public Works ($1.2 million), the Sheriff s Department ($246,610), and the Jail ($166,913). The 2019 Budget also includes $1,485,930 in general fund Capital Projects, including $329,000 of projects for Buildings & Grounds and $250,000 for the Office Space Utilization project, both of which will be funded via the Building & Renovation Reserve. Requested projects also include standard items for Information Technology, continuing projects at the Jail, and an additional $200,000 for the Caton Shop Replacement Project. County Revenues Sales Tax In 2018, Steuben and the majority of upstate counties have experienced strong sales tax growth, pending fourth quarter collections. While we are always concerned about a prior period adjustment that could negatively impact this trend, our year to date sales tax collections are up 7.4%. As such, the proposed budget anticipates an additional $715,000 in sales tax for 2019, for a total of $29,022,000. The Legislature continues to be appropriately conservative with sales tax forecasts, as downturns can arise quickly and with little warning, creating a structural budget deficit. With this in mind, the sales tax estimate for 2019 is responsible in all ways to the taxpayer. The following chart displays budgeted sales tax revenues for the last five years: YEAR Five-Year Sales Tax Appropriations BUDGETED SALES TAX 2015 $27,700, $27,800, $27,800, $28,307, $ 29,022,000 7

8 Fund Balance The tentative budget includes a General Fund appropriation of $6.34 million for 2019, which is level in comparison to In addition, there is an appropriation of $620,000 in D Fund balance (Highway). All of these appropriations are reasonable and assist in the overall management of funds. Interest Earnings With interest rates climbing in 2018, the County has begun to earn more on its investments, which significantly benefits the development of this budget. As such, we have anticipated an additional $710,000 in interest earnings for Property Tax Levy & Rate With careful review and oversight by the Finance Committee and the Legislature, and the hard work of our department heads and staff, the 2019 budget carries a tax levy decrease for the third consecutive year. The proposed tax levy represents a decrease of -$8,797, well within the parameters of the Property Tax Cap. It cannot be understated that in the public sector, particularly in New York, it is extremely difficult to hold the line, let alone reduce the tax levy of a municipality. Our Legislators and staff should be congratulated for doing so. In addition, for the sixth consecutive year, the proposed budget shows a decrease in the average full value tax rate. The average rate for 2019 is estimated at $8.25 per thousand, representing a decrease of -2.25% from 2018 levels. Thus, in every sense, Steuben County has decreased taxes to its residents for three years running. The property tax collections and average full value rate for the last five years are as follows: Five-Year Tax Levy & Tax Rate Comparison YEAR PROPERTY TAX LEVY AVERAGE RATE PER THOUSAND 2015 $49,548,516 $ $50,010,577 $ $50,008,771 $ $49,997,912 $ $49,989,115 $8.25 Conclusion With both the tax levy and tax rate decreasing, the 2019 Steuben County Budget is compliant with the NYS Tax Cap and is a reasonable and responsible fiscal blueprint for the coming year. We are fortunate to have talented Legislators and staff that have crafted this spending plan, along with positive trends in sales tax collections and interest earnings. These factors have created yet another successful budget for Steuben County. 8

9 While there are numerous positive aspects of this spending plan, 2019 marks the starting point of implementation of two significant state mandates Raise the Age and Hurrell-Harring compliance. Should the State renege on their funding commitments, the County would be forced to absorb nearly $2 million in additional cost. As always, we will monitor the progress of these programs and State budgets and keep this Legislature informed. Jack K. Wheeler, MPA County Manager / Budget Officer Mr. Nichols asked under Raise the Age, what would be the cost to house a youth at the Monroe County facility? Mr. Wheeler replied it would be about $1,500 per day. If they have to be housed in the Albany area, that cost would be closer to $2,000 per day. Mr. Nichols commented this is significant. Mr. Wheeler replied yes, it is. We have been talking about building a facility with the eleven counties to help save that cost. Mrs. Ferratella asked have you received any clarification of what the reimbursement will be for Raise the Age? Mr. Wheeler replied no. After a phone call yesterday, it appears that some reimbursement will flow through Social Services, the Office of Children and Family Services and the Department of Criminal Justice Services. He does not think they have it worked out in the State budget yet. Mr. Van Etten stated on page 5, the Budget Category chart, shows an increase of $1.1 million in Public Safety, but the Sheriff s budget is $10 million of most of the increase is in his budget. That is an actual increase of 10 percent. He would point out that while we looked at the budget very closely; it is concerning that this will not be a trend going forward. Mr. Wheeler stated that is a great point. The main driver is the cost of the additional positions and the labor contracts; however that is something to monitor. BUDGET WORKSHOP Chairman Hauryski stated he would like to thank Mr. Van Etten and the Finance Committee for their diligent work, as always, of going through all the budget numbers. He would like to also thank Mr. Wheeler and Mr. Alger for their work with this and especially all of the department heads. I think you do a tremendous job helping us by trying to keep your budgets in line. It is something this year that we did not have to do a lot of number crunching. Mr. Mullen asked under Capital Requests there are sniper rifles and specialty scopes listed for the Sheriff. Do we have a sniper in the department? Mr. Wheeler replies yes, we have four or five officers trained as snipers. Mr. Mullen asked with the Child Advocacy Center, he understands the money for this is coming from the State. He is not sure on the underlying mechanism of how this is supposed to work and whether it is necessarily a good idea. He asked if Ms. Muller could explain practically how this would function on a day that it would be used. Ms. Muller stated this is new to us, as well as the development of a stationary center. This is designed to provide an environment for kids and families during the investigation of allegations of abuse. The centers will be staffed with a member from the District Attorney s Office, the Sheriff, Social Services, Mental Health (either Office of Community Services or Family Services), Law Enforcement and Medical (doctor and trained nurses). This is designed to make it safer for kids to disclose. Often we are conducting these interviews in schools, at home or at police stations. The design of the Child Advocacy Center is to create a better atmosphere for a better interview. Children will not be able to get coached from outside influences. Interviews will be conducted by each discipline at the same time. This will help to increase 9

10 prosecution rates for the District Attorney. This will work for child protective reports and criminal reports as well. Ms. Muller explained with regard to the mobile unit, we are one of the pilot counties. There are six counties in the State where the funding is coming from the NYS Office of Crime Victims. They receive private donations and gifts which they then will pass through the Office of Children and Families to the counties. This money also consists of forfeitures, appearance bonds, criminal fees, etc. The State is advocating for counties to create a Child Advocacy Center and the mobile unit is an advantage for rural counties. This eliminates the need for six different people to travel to the victim to conduct multiple interventions. She stated we don t know if it will be an advantage for us or not. In her 30 years at the County, she thinks it is worth a shot. We will have the advantage of being one of the pilots. If we find that this is not useful to us, we can give it back to the State. With the permanent facility, it will increase our outcomes with children and families. Steuben is one of six counties across the State that does not have a Child Advocacy Center. Mr. Mullen asked can you explain how it will work? Will the unit go out after someone accused of sex crimes? Do all of the representatives from the various agencies ride in the unit? Ms. Muller replied the mobile unit will have an interview room, a medical examination room, video equipment, etc. The plan is for everyone to go together, but the details will need to be worked out on how that occurs. Having everyone there at the same time will provide continuity to the case. It also provides safety for the children and families. This is not mandatory. Mr. Wheeler stated what we have discussed is over the three-year period we will track everything, including the costs. When the grant funds run out, the vehicle will still be ours at that point, but you would have the decision on whether to continue the mobile program. Mr. Mullen stated his concern is not necessarily the cost of the RV, but it seems like potentially a lot of money is being spent inefficiently. He stated he is also aware of cases in the last year where more people should have been better involved in the front-end, so he thinks that it will be good for that. Mr. Van Etten stated he has a question for Mr. Spagnoletti regarding the Major Capital Equipment. At a town meeting, they approved the purchase of a backhoe through State bid, however, they have to purchase it by the end of this month as there will be a 20 percent increase in pricing due to the steel tariff. We have $700,000 set aside for the purchase of a grader and an excavator. Were we aware of that potential increase in pricing and should we, or could we, do anything about that? Mr. Spagnoletti replied that he has not heard anything about that, but he will check into it. Mr. Hauryski stated he had heard the prices on State bid are changing at the end of the month. Mr. Van Etten commented it is worth looking into. Mrs. Hurd-Harvey stated they have a correction with regard to the sales tax credit listed on page 191. The budget shows the sales tax credit to the levy of $7,466,628, however the actual real property tax levy will be $25,268,575. The total does not change the budget. Mr. Wheeler commented this is the last month s correction that we discussed with regard to the Town of Bath. There being no further questions, Chairman Hauryski declared the Budget Workshop closed. RESOLUTION NO Introduced by S. Van Etten. Seconded by R. Nichols. PRESENTING LOCAL LAW TENTATIVELY NO. FIVE FOR THE YEAR 2018, ESTABLISHING THE ANNUAL SALARIES OF CERTAIN ELECTED OR APPOINTED OFFICIALS AND DEPARTMENT HEADS OF THE COUNTY OF STEUBEN WHO HAVE A FIXED TERM OF OFFICE FOR THE FISCAL YEAR

11 Pursuant to Sections 200, 201 and 214 of the County Law and Sections 10, 20 and 24 of the General Municipal Law of the State of New York. WHEREAS, pursuant to the Steuben County Management Evaluation and Salary Plan, as revised, Management employees, with the exception of elected positions, had performance evaluations conducted; and WHEREAS, pursuant to the Plan, all salary adjustments for Management employees are based upon the reviews conducted pursuant to said Plan; and WHEREAS, the Administration Committee has approved salaries for all Management employees, except Legislators, based upon performance evaluations; and WHEREAS, the Administration Committee has reviewed and studied the evaluations pursuant to the Plan concerning the salaries of certain elected or appointed officials of the County of Steuben who have a fixed term of office for the Fiscal Year 2019, which individuals are presently serving mid-term; and WHEREAS, said Administration Committee has recommended County of Steuben Local Law Tentatively No. Five for the Year 2018, establishing the annual salaries of such appointed officials for the Fiscal Year NOW THEREFORE, BE IT RESOLVED, there is hereby presented to each member of this Steuben County Legislature Local Law Tentatively No. Five for the Year 2018, Establishing the Annual Salaries of Certain Elected or Appointed Officials and Department Heads of the County of Steuben who have a Fixed Term of Office for the Fiscal Year 2019, as follows: COUNTY OF STEUBEN LOCAL LAW TENTATIVELY NO. FIVE FOR THE YEAR 2018 A LOCAL LAW, Establishing the Annual Salaries of Certain Elected or Appointed Officials and Department Heads of the County of Steuben who have a Fixed Term of Office for the Fiscal Year Be it enacted by the Legislature of the County of Steuben as follows: SECTION 1: Except where inconsistent by operation of law due to prohibitions of increases of compensation during a fixed term of office for County officers and employees as provided in County Law 201 and Municipal Home Rule Law 24(2)(h), the Steuben County Management Evaluation and Salary Plan, Administrative Code of the County of Steuben Part XV be, and the same hereby is, applicable to officers and employees having a fixed term of office, whether elected or appointed, as are any and all resolutions of the Steuben County Legislature relative to rights and entitlements of County executive and management personnel. SECTION 2: Effective with the first county payroll for the County Fiscal Year 2019, the annual salaries of the certain elected or appointed officials and department heads of the County of Steuben who have a fixed term of office are hereby established for the Fiscal Year 2019 as follows, to wit: TITLE 2018 SALARY 2019 SALARY Commissioner, Public Works $106,266 $108,923 Commissioner, Social Services $106,266 $108,923 Commissioner of Finance $96,857 $99,278 Clerk of Legislature $70,151 $71,780 11

12 County Attorney $128,798 $131,695 County Clerk $67,551 $69,070 Personnel Officer $86,455 $88,616 Director of Real Property $66,300 $68,125 Sheriff $86,705 $90,000 SECTION 3: Should any of the above positions become vacant and subsequently filled by one other than the present incumbent, the salary shall in that instance be set by the Legislature prior to filling said vacancy. SECTION 4: If any part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5: This Local Law shall become effective, subject to a permissive referendum, forty-five (45) days after the date of its final adoption and on the date it is duly filed in the Office of the Secretary of State of the State of New York and in accordance with the provisions of the Municipal Home Rule Law of the State of New York. BE IT FURTHER RESOLVED, before said Local Law is adopted by the Steuben County Legislature, a Public Hearing shall be held at the Special Legislative Meeting on November 26, 2018, at 11:30 A.M. or such other date and time that may be adjourned, at Steuben County Offices, 3 East Pulteney Square, Bath, New York 14810, and the Local Law is subject to a permissive referendum of the qualified electors of the County of Steuben by filing of a legal petition within forty-five (45) days after its final adoption, with the Clerk of the Legislature of the County of Steuben protesting such Local Law; and be it further RESOLVED, the Clerk of the Legislature shall cause a notice of said Public Hearing to be posted at the Courthouses in the municipalities of Bath and Corning and the DMV office in Hornell, have said notice published for one insertion in the two official newspapers of the County, and shall cause such posting and publication to be completed at least five (5) days prior to the date heretofore set forth for the Public Hearing, with proof of posting and publication to be filed in the Office of the Clerk of the Legislature; and be it further RESOLVED, certified copies of this resolution shall be forwarded to the County Commissioner of Finance, Personnel Officer, and all appointed and elected officials mentioned above. Vote: Acclamation Adopted. Motion to Adjourn Regular Session and Reconvene in Executive Session Pursuant to Public Officers Law, Article F. The Medical, Financial, Credit or Employment History of Particular Person or Corporation, or Matters Leading to the Appointment, Employment, Promotion, Demotion, Discipline, Suspension, Dismissal or Removal of a Particular Person or Corporation made by Mr. Van Etten, seconded by Mr. Hanna and duly carried. Motion to Adjourn Executive Session and Reconvene in Regular Session made by Ms. Lattimer, seconded by Mr. Malter and duly carried. Motion to Adjourn made by Mr. Swackhamer, seconded by Mr. Ryan and duly carried. 12