Budget Committee MINUTES OF MEETING October 1, 2018

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1 Budget Committee MINUTES OF MEETING October 1, 2018 Meeting of the Budget Standing Committee of the Chemung County Legislature Minutes of a meeting of the Budget Committee of the Chemung County Legislature held in the Legislative Chambers, 5 th Floor, Hazlett Building, 203 Lake Street, Elmira, New York on Monday, October 1, 2018 Members and officials present: John Pastrick, David Manchester, L. Thomas Sweet, Joseph Brennan, Kenneth Miller, Brian Hyland, Cornelius Milliken III, Peggy Woodard, William Fairchild, Martin Chalk, Aola Jackson, Paul Collins, Richard Madl, Donna Draxler, Rodney Strange, Thomas Santulli, Michael Krusen, Steve Hoover, Joseph Sartori, Michael Mucci, Andy Avery, K. Bill Hopper, Anthony Rudy, Jennifer Stimson, Andrea Fairchild, Samantha Potter, Peter Buzzetti, Michael Youmans, Matthew Hourihan, Christopher Moss, Bryan Maggs, Taylor Lance The meeting was called to order by the Chairman of the committee, Donna Draxler. Motion made by Paul Collins, seconded by David Manchester, and Passed with a vote of 7-0, authorizing transfers and appropriations by the County Executive. Motion made by David Manchester, seconded by Paul Collins, and Passed with a vote of 7-0, adopting Final Equalization Rates for the Year 2019 Tax Rolls and Bills. Motion made by Aola Jackson, seconded by Paul Collins, and Passed with a vote of 7-0, authorizing the annexation of Tax Warrants to Tax Rolls. Motion made by Paul Collins, seconded by Aola Jackson, and Passed with a vote of 7-0, authorizing extension of Tax Rolls for Motion made by Aola Jackson, seconded by Paul Collins, and Passed with a vote of 7-0, authorizing the issuance of an additional $111,500 bonds of the County of Chemung, New York, to pay the cost of upgrades to the Crane Road tower in and for said county. The County Executive and the Deputy County Executive provided the Legislature with details regarding the proposed extension of the current Sales Tax Allocation Agreement with the City of Elmira (the "City"). The proposed extension of the current Sales Tax Allocation Agreement would be based on the same percentage of total collections allocated to the City (36.7%). The County and City further agree to adjust the percentage of total collections for the 2018 town and village rate from 33.3% to 36.7% which would become effective January 1, Mr. Santulli reminded the Legislature that the County has given more to the City through shared services agreements than the sales tax redistribution took. Under the terms of the shared services agreements for the Highway Department and the Buildings and Grounds Department, the County fronts the money for the City employees that were absorbed into the county payroll and the City settles up with the

2 County in the first quarter of the following year. Under the Modified City Payment Schedule which is being proposed, the City's payments are being deferred over a longer period of time, freeing up $1.3 million in cash for the City for the next two years (2019 and 2020). Mr. Krusen noted that $1.3 million represents 4% of the City of Elmira's budget. The County would still receive the total of $2.7 million owed, it would just be paid back over a longer period of time, Mr. Santulli said. Towns and Villages will receive additional sales tax distributions of approximately $500,000 for both 2019 and 2020 as well. Mr. Santulli reminded the Legislature that the original sales tax agreement expires on November 30, Attorney Maggs interjected that in the absence of a new agreement sales tax distribution reverts back to a per capita basis. Under this scenario, the City of Elmira would lose $173,000. The Towns and Villages would share the $173,000 on a per capita basis. Attorney Maggs also noted that changing the formula for distributing sales tax is a long process which requires municipal approval as well as the approval of the New York State Comptroller. The process can take longer than a year depending upon when it is begun. Mr. Chalk noted that the net positive impact of $1.3 million for the City would be very helpful and he thanked his fellow Legislators for being willing to help the City. Mr. Brennan raised concerns about the City being able to meet their future financial obligations to the County. Are we just kicking the can down the road, he asked? Mr. Krusen stated that the joint City/County Commission will be working on finding solutions to the City's financial issues. He also noted that there is a lot of economic development happening in the City of Elmira and the poverty reduction initiatives should have a positive impact on the downtown area. Mr. Santulli reminded the Legislators that the County has made many significant changes and adjustments in order to meet their increased financial burdens, stating that 90% of county expenses are state mandated. The City must be willing to make some difficult decisions and changes if they are to get their finances under control, he said. Mr. Sweet raised concerns that over the past few months, as part of shared services initiatives, the County has created three new full-time positions, costing roughly $300,000. He also sees the future financial impact that Raise the Age Legislation will have on the County as there are no assurances from Albany that the expenses related to this new Legislation will be reimbursed. While he understands the importance of helping the City he does not want the County to be in the same situation it was a few years ago which required layoffs and an increase in the sales tax rate for the County. Motion made by Paul Collins, seconded by Aola Jackson, and Passed with a vote of 5-2, with Legislators Woodard and Strange opposed, authorizing the extension of the current Sales Tax Agreement dated December 3, 2013 with the City of Elmira. The meeting was adjourned on the motion by Mr. Collins, seconded by Mr. Manchester. Motion carried.

3 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution authorizing transfers and appropriations by the County Executive Resolution #: 01 Slip Type: SEQRA status State Mandated OTHER False Explain action needed or Position requested (justification): Inc. Rev. Acct IT/GIS $3,000 Inc. App. Acct RPTS/Software License $3,000 Inc. Rev. Acct State Grants $5,077 Inc. App. Acct Millport Fire Department Donation $5,077 CREATION: Date/Time: Department: 9/11/2018 1:21:39 PM Legislature Chairman APPROVALS: Date/Time: Approval: Department: 9/13/20187:57 AM Approved Budget and Research 9/13/201810:31 AM Approved County Executive 9/13/20181:17 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: No Attachments Available Item # 1

4 CHEMUNG COUNTY REAL PROPERTY TAX OFFICE 210 Lake Street P. O. Box 588 Elmira, NY TO: CHEMUNG COUNTY LEGISLATURE FROM: THERESA R. MURDOCK, DIRECTOR REAL PROPERTY TAX OFFICE DATE: SEPTEMBER 19, 2018 RE: 2018 FINAL EQUALIZATION RATES Below are the Final State equalization rates for the 2018 assessment rolls for the municipalities in our county. These rates will be used for the School taxes and the 2019 County, Town, and City taxes. MUNICIPALITY RATE ASHLAND 1.53% BALDWIN 1.63% BIG FLATS % CATLIN % CHEMUNG % ELMIRA 97.00% ERIN 74.00% HORSEHEADS 95.00% SOUTHPORT % VAN ETTEN 96.00% VETERAN % CITY OF ELMIRA 81.00% Item # 2

5 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution adopting Final Equalization Rates for the Year 2019 Tax Rolls and Bills Resolution #: 02 Slip Type: SEQRA status State Mandated OTHER False Explain action needed or Position requested (justification): The adoption of 2018 Final Equalization Rates for 2018 assessment rolls to be used for School tax Bills and 2019 County taxes per Sections 1212 and 1214 of the Real Property Tax Laws. Prior Resolution No CREATION: Date/Time: Department: 9/19/2018 3:19:04 PM Real Property Tax Svcs APPROVALS: Date/Time: Approval: Department: 9/25/20188:22 AM Approved Budget and Research 9/25/20182:39 PM Approved County Executive 9/25/20185:25 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: 2018 Final Equalization Rates ADOPTING_FINAL_EQUALIZATION_RATES_2017.doc Cover Memo Item # 2

6 CHEMUNG COUNTY REAL PROPERTY TAX OFFICE 210 Lake Street P. O. Box 588 Elmira, NY TO: CHEMUNG COUNTY LEGISLATURE FROM: THERESA R. MURDOCK, DIRECTOR REAL PROPERTY TAX OFFICE DATE: SEPTEMBER 19, 2018 RE: ANNEXING TAX WARRANTS I hereby request authorization to prepare TAX WARRANTS for each of the TAXING DISTRICTS in the County of Chemung for the Tax Rolls prepared for Item # 3

7 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution authorizing the annexation of Tax Warrants to Tax Rolls Resolution #: 03 Slip Type: SEQRA status State Mandated OTHER False Explain action needed or Position requested (justification): The Real Property Tax Service Director requests authorization to prepare tax warrants for each Tax District in the County of Chemung and to annex the warrants to the tax rolls. Prior Resolution No CREATION: Date/Time: Department: 9/19/2018 3:36:32 PM Real Property Tax Svcs APPROVALS: Date/Time: Approval: Department: 9/25/20188:21 AM Approved Budget and Research 9/25/20182:39 PM Approved County Executive 9/25/20185:31 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: Request to Annex Warrants Authorization_for_Tax_Warrants.doc Cover Memo Item # 3

8 CHEMUNG COUNTY REAL PROPERTY TAX OFFICE 210 Lake Street P. O. Box 588 Elmira, NY TO: CHEMUNG COUNTY LEGISLATURE FROM: THERESA R. MURDOCK, DIRECTOR REAL PROPERTY TAX OFFICE DATE: SEPTEMBER 19, 2018 RE: EXTENSION OF TAX ROLLS AND BILLS FOR THE YEAR 2019 I hereby request authorization to prepare the TAX ROLLS AND BILLS for each municipality for the year 2019 as required by Law. This is pursuant to Section 900 of the New York State Real Property Tax Law. Item # 4

9 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution authorizing extension of Tax Rolls for 2019 Resolution #: 04 Slip Type: SEQRA status State Mandated OTHER False Explain action needed or Position requested (justification): The Real Property Tax Director is requesting authorization to prepare and extend the tax rolls and bills for each municipality for the 2019 as required by Real Property Tax Law. Prior Resolution No CREATION: Date/Time: Department: 9/19/2018 3:27:33 PM Real Property Tax Svcs APPROVALS: Date/Time: Approval: Department: 9/25/20188:21 AM Approved Budget and Research 9/25/20182:39 PM Approved County Executive 9/25/20185:31 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: Memo Requesting Authorization to prepare Tax Rolls and bills Cover Memo Authorization_for_Tax_Rolls_and_Bills.doc Item # 4

Orrick, Herrington & Sutcliffe LLP 51 West 52nd Street New York, NY 10019-6142 +1 212 506 5000 orrick.com September 19, 2018 Thomas E. Myers VIA E-MAIL (jsartori@co.chemung.ny.us) Mr.

10 Orrick, Herrington & Sutcliffe LLP 51 West 52nd Street New York, NY orrick.com September 19, 2018 Thomas E. Myers VIA Mr. Joseph Sartori County Treasurer County of Chemung 320 East Market Street Elmira, NY Re: County of Chemung, New York Upgrades to the Crane Road Tower - Additional $111,500 Bonds Orrick File: Dear Joe: In accordance with your request, we are enclosing the following relative to the above: E tmyers@orrick.com D F (1) A suggested form for the bond resolution. As you know, this resolution must be adopted by the affirmative vote of at least two-thirds of the entire voting strength of the County Legislature. (2) A suggested form for the Legal Notice of Estoppel. This Legal Notice of Estoppel should be published once in the official newspaper designated in Section 9 of the bond resolution. In due course, please furnish us with the following: (a) (b) An originally certified copy of the bond resolution. An original printer's affidavit of publication of the Legal Notice of estoppel from the Elmira Star- Gazette. Please do not hesitate to call if you have any questions. With best wishes, Very truly yours, Tom Thomas E. Myers /es Enc. cc: Ms. Linda Palmer, Clerk (lpalmer@co.chemung.ny.us) Item # 5

11 BOND RESOLUTION (Crane Road Tower) At a regular meeting of the County Legislature of the County of Chemung, New York, held at the John H. Hazlett Building, in Elmira, New York, on the day of October, 2018, at o'clock P.M., Prevailing Time. The meeting was called to order by, and upon roll being called, the following were: PRESENT: ABSENT: The following resolution was offered by Legislator, who moved its adoption, seconded by Legislator, to-wit: Item # 5

12 RESOLUTION NO. 18- BOND RESOLUTION DATED OCTOBER, A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $111,500 BONDS OF THE COUNTY OF CHEMUNG, NEW YORK, TO PAY THE COST OF UPGRADES TO THE CRANE ROAD TOWER IN AND FOR SAID COUNTY. BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting of the County Legislature of the County of Chemung, New York, as follows: Section 1. For the specific object or purpose of paying the increased cost of upgrades to the Crane Road Tower in and for the County of Chemung, New York, including costs incidental thereto, there are hereby authorized to be issued an additional $111,500 bonds of said County pursuant to the provisions of the Local Finance Law. Section 2. as follows: The plan for the financing of the $200,138 maximum estimated cost thereof shall be (a) (b) By the issuance of the $88,638 bonds of said County authorized by a bond resolution dated April 9, 2018 (Resolution No ); and By the issuance of the $111,500 bonds of said County herein authorized. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 35 of paragraph a of Section of the Local Finance Law. Section 4. The faith and credit of said County of Chemung, New York, are hereby irrevocable pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. All the taxable real property within said County shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or Item # 5

13 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Elmira Star-Gazette, the official newspaper of said County hereby designated for such purpose, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section of the Local Finance Law. RESOLUTION NO CARRIED BY THE FOLLOWING VOTE: AYES: NAYS: EXCUSED: This resolution was thereupon declared duly adopted. * * * * * * * * Item # 5

14 CERTIFICATION FORM STATE OF NEW YORK ) ) ss.: COUNTY OF CHEMUNG ) I, the undersigned Clerk of the County legislature of the County of Chemung, New York (the "Issuer"), DO HEREBY CERTIFY: 1. That a meeting of the Issuer was duly called, held and conducted on the day of October, That such meeting was a special regular (circle one) meeting. 3. That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Board of the Issuer. 4. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5. That all members of the Board of the Issuer had due notice of said meeting. 6. That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7. That notice of said meeting (the meeting at which the proceeding was adopted) was caused to be given PRIOR THERETO in the following manner: PUBLICATION (here insert newspaper(s) and date(s) of publication - should be a date or dates falling prior to the date set forth above in item 1) POSTING (here insert place(s) and date(s) of posting- should be a date or dates falling prior to the date set forth above in item 1) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Legislature this day of October, (CORPORATE SEAL) Clerk, County Legislature Item # 5

15 LEGAL NOTICE OF ESTOPPEL The bond resolution, a summary of which is published herewith, has been adopted on October, 2018, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the County of Chemung, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith is available for public inspection during regular business hours at the Office of the Clerk of the Legislature for a period of twenty days from the date of publication of this Notice. Dated: Elmira, New York,, Clerk of the Legislature BOND RESOLUTION DATED OCTOBER, A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $111,500 BONDS OF THE COUNTY OF CHEMUNG, NEW YORK, TO PAY THE COST OF UPGRADES TO THE CRANE ROAD TOWER IN AND FOR SAID COUNTY. Specific object or purpose: Upgrades to the Crane Road Tower Maximum estimated cost: $200,138 Period of probable usefulness: Amount of obligations to be issued: Fifteen years $111,500 ($88,638 previously approved) Item # 5

16 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution authorizing the issuance of an additional $111,500 bonds of the County of Chemung, New York, to pay the cost of upgrades to the Crane Road tower in and for said county Resolution #: 05 Slip Type: SEQRA status State Mandated OTHER False Explain action needed or Position requested (justification): Bond resolution for Crane Road Tower Project. The total local share cost for the County is $200,138. A bond resolution was approved for $88,638 and the resolution for $111,500 will complete the local share cost. CREATION: Date/Time: Department: 9/25/2018 1:39:12 PM County Treasurer APPROVALS: Date/Time: Approval: Department: 9/25/2018 2:35 PM Approved Budget and Research 9/25/2018 2:36 PM Approved County Executive 9/25/2018 5:26 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: CHEMUNG_CO_BOND_RES_ADDTL_MONIES_ (CRANE_ROAD_TOWER)_ _1.docx Bond Reolution Cover Memo Item # 5

17 CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution authorizing the extension of the current Sales Tax Allocation Agreement dated December 3, 2013 with the City of Elmira Resolution #: 06 Slip Type: SEQRA status State Mandated OTHER False Explain action needed or Position requested (justification): The new agreement would cover the period from 1/1/19 to 12/31/2024. This agreement would be based on the same percentage of total collections allocated to the City (36.7%). The County and City further agree to adjust the percentage of total collections for the 2018 town and village rate from 33.3% to 36.7% which would become effective 1/1/19. (see Sales Tax Allocation Overview dated 9/4/18) CREATION: Date/Time: Department: 9/18/2018 3:21:59 PM County Executive APPROVALS: Date/Time: Approval: Department: 9/25/20188:18 AM Approved Budget and Research 9/25/20182:38 PM Approved County Executive 9/25/20185:26 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: No Attachments Available Item # 6

VIA Mr. Anthony Bates Clerk/Treasurer Village of Endicott 1009 East Main Street Endicott, NY 13760

VIA Mr. Anthony Bates Clerk/Treasurer Village of Endicott 1009 East Main Street Endicott, NY 13760 Orrick, Herrington & Sutcliffe LLP 51 West 52nd Street New York, NY 10019-6142 +1 212 506 5000 orrick.com VIA E-MAIL (voetreasurer@endicottny.com) Mr. Anthony Bates Clerk/Treasurer Village of Endicott