St. Lawrence County Finance Committee

Board of Legislators Tuesday, October 29, 2012

Board Room 5:30 P.M.

Members Attending: Mr. Morrill, Mr. Acres, Mr. Akins, Mr. Arquiett, Ms. Brothers,

Mr. Bunstone, Mr. Burns (arrived at 6:45 p.m.), Mr. Lightfoot, Mr. MacKinnon, Mr. Paquin,

Mr. Parker, Mr. Peck, Mr. Putman, Mr. Putney (left at 7:02 p.m.), Mr. Sutherland

Others Attending: Karen St. Hilaire, Ruth Doyle, Kelly Pearson, Laurie Demers, Kevin Felt, Chris Boulio, Mike Crowe, Keith Zimmerman, Mike Cunningham, Darren Colton, Patrick Kelly, Toby Bogart, Sue Hathaway, Deb Christy, and Martha Ellen – Watertown Daily Times

1. CALL TO ORDER AND APPROVAL OF AGENDA – Chair Morrill called the Finance Committee Meeting to order at 5:31 p.m. and amended the Agenda to include two resolutions under Old and New Business. Mr. Arquiett moved to approve the agenda as amended, seconded by Mr. Peck, and carried.

2. APPROVAL OF MINUTES – Mr. Peck moved to approve the June 25th minutes, seconded by Ms. Brothers and carried.

3. UPDATE FROM ST. LAWRENCE COUNTY TRAIL COORDINATOR – DEB CHRISTY

4. REAL PROPERTY – DARREN COLTON

A. Town/Village/School Omitted Taxes per Real Property Tax Law, September 2012 (Info)

B. School/Village Corrections/Refunds Recommended to School/Village Boards, September 2012 (Info) - Mr. Acres asked if there are any grievances. Mr. Colton said there are grievances, but we are not involved; they are Supreme Court cases.

5. INDUSTRIAL DEVELOPMENT AGENCY – PATRICK KELLY

A. Approval of the Issuance of Tax-Exempt Revenue Bonds by the St. Lawrence County Industrial Development Agency Civic Development Corporation for St. Lawrence University (Res) - Mr. Parker moved to forward this resolution to full Board, seconded by Mr. Bunstone. Mr. Peck asked the County Attorney if he could formally discuss and vote on this resolution because he is a member of the IDA Committee. Mr. Crowe said yes.

Mr. Kelly said it is not an obligation or debt, we are conduit issuers. Mr. Parker asked if 54 was the bond amount. Mr. Kelly said yes. Mr. Kelly said there is a combination of debt.

Mr. Sutherland said he is a part time employee of St. Lawrence University, and he will not be speaking on the matter or participating in a vote.

Mr. Morrill asked how many jobs this will create. Mr. Kelly said he did not know as there is still financial analysis that needs to be done.

Mr. Lightfoot asked what benefit the IDA gets. Mr. Kelly said the IDA charges a fee and will get $405,000. Mr. Parker asked what dollar value St. Lawrence University will get. Mr. Kelly said within a million dollars. Motion carried with one abstention (Sutherland).

6. TREASURER – KEVIN FELT

A. Modifying the 2012 Treasurer’s Budget for the Payment of Services Provided for Issuing Revenue Anticipation Note (Res) – Mr. Peck moved to forward this resolution to full Board, seconded by Mr. Arquiett. Mr. Felt said this is similar to a resolution done last year. It is for costs incurred to borrow money. $12 million was borrowed in 2012. The interest was $120,000. Premium $23,590, rate was 1.02% and 1.5%, but they offered the premium. This is roughly the same rate as last year. He said it is his intention to pay the retirement bill early. The interest last year was roughly $83,000. There is a $66,000 in interest to pay the retirement bill early.

Mr. Lightfoot asked if the decrease in premium is a decrease in the bond rating. Mr. Felt said that is possible.

Mr. Peck asked the second financer asked if the total interest is $96,000. Mr. Felt said yes.

Ms. St. Hilaire said there are other costs for borrowing. Mr. Morrill said regardless of what the money is used for it is a net against the interest expenses. Motion carried.

B. Adopting Mortgage Tax Report (Res) (Info) – Ms. Brothers moved to forward this resolution to full Board, seconded by Mr. Lightfoot, and carried.

7. PUBLIC HEALTH – SUE HATHAWAY

A. Adopting Proposed Local Law C (No.__) for the Year 2012 a Local Law Prohibiting Use of Tobacco upon Real Property Owned or Leased by St. Lawrence County (Res) (Info) – Mr. Parker moved to remove this resolution from table, seconded by Mr. Bunstone and carried with two no votes (Arquiett and Brothers).

Ms. Hathaway said one of the best things to do for St. Lawrence County is to make the County property a smoke free zone.

Mr. Arquiett said he will not support this local law because it includes no smoking in personal vehicles. Ms. Brothers said she will not support it for the same reason. She said she had asked for an amendment to allow people to smoke in their private vehicles. She also thought it would be hard to enforce to law. Mr. Peck said he is also not in support of this for the same two reasons as Ms. Brothers. Mr. Acres said he will not support this for the same reasons. It is a local law that is totally unenforceable.

Mr. Parker said if we only did things that were easily enforced there would not be a need for this Board. He said he agrees with Ms. Hathaway. It is costly for the County, and he will support this resolution.

Mr. Lightfoot moved to forward this resolution to full Board, seconded by Mr. Bunstone and Mr. Paquin.

Mr. Morrill asked the County Attorney if he approved of these changes. Mr. Crowe said he was satisfied with how it is written.

Mr. Lightfoot said realistically it is unenforceable. It is a voluntary thing and that is what you rely on. He said he does support the law, thinks it is a good idea, and feels most people would follow the law.

Mr. MacKinnon said smoking is one of the most significant health issues. It is costly for the County and he will support the resolution because of the cost to the County.

Mr. Bunstone said he agrees with Mr. MacKinnon. There are huge costs associated with tobacco, and this is an opportunity to save the county money down the road. Mr. Bunstone recognized Ben Todd. Mr. Todd said he spoke extensively with other Counties and the transition has been smooth; with few issues. People are law abiding for the most part, and there seems to be compliance. Mr. Bunstone asked if there was a plan in place for education and cessation. Mr. Todd said we have been working on that, but were waiting to see where this goes and if the law passes. There are many things we can do, such as offer a good solid cessation plan.

Mr. Akins said the custodial staff takes in their job very serious and it shows in the way the County complex looks. It is very clean and first impressions go a long way. This is how we want our county to appear.

Mr. Paquin said the purpose of the law is to make a healthier environment.

Mr. Acres said this local law pertains to the public and not just employees. That is where this law crosses the line. A policy is one thing, but this is a law.

Mr. Morrill said the cost of health insurance is $20 million in the budget. Restricting the public is also helping them. Motion carried.

8. HIGHWAY – TOBY BOGART

A. St. Lawrence County Declaration of Intent to Accept the Final Generic Environmental Impact Statement and Recreational Trails Management Plan for the County-Wide Multi-Use Recreational Trail System (Res) – Mr. Parker moved to forward this resolution to full Board, seconded by Mr. MacKinnon. Mr. Bogart said it is now available now and everyone will receive a copy. The maps are general and not specific.

Mr. MacKinnon said it was discovered that other trails systems were illegal, and this need to be done and approved, to make certain St. Lawrence County’s trail was legal. This sets a very carefully, thought-out project. Once this is approved and in place, development of the trails system can begin. He hopes this will be accepted tonight.

Ms. Brothers said she supports the advancement of the Multi-Trail System. There is an enormous availability of land in St. Lawrence County to attract people. This is an economic benefit of southern St. Lawrence County. She supports this and thanks everyone involved for their efforts.

Mr. Arquiett requested to be added as co-sponsor on this resolution. He said this is a real opportunity to create revenue for St. Lawrence County. Motion carried.

B. Authorizing the Department of Highways to Coordinate and Assist the Town of Fowler Regarding Rehabilitation of the Emeryville Road Bridge over Power Canal (Res) – Mr. MacKinnon moved to forward this resolution to full Board, seconded by Mr. Peck. Mr. Bogart said this is a joint effort to rehabilitate the bridge.

Mr. MacKinnon said sharing of responsibility in projects is a good example of partnering. The work can be done during the cold weather. It is important to set the stage with the Towns that if they want things done, they will have to share in the costs. This will not cost the County any money.

Ms. Brothers said we get tied up in the line of diversion of County and Town and it is forgotten that we are all in this together. The Town of Fowler offered to provide the material, and the County will provide the labor. It is a partnership.

Mr. Sutherland asked if we are equal partners and what the cost would be for the County. Mr. Bogart said the Town of Fowler would probably pay more money than the County would pay in labor.

Mr. Lightfoot said he has no issues with partnering with the Town of Fowler, but it should be determined who owns the bridge. He will support this resolution, but says the County Attorney should file suit in court to get an answer as to who owns the bridge.

Mr. Acres said he believed the County Attorney said we do not own this and doing this work makes us liable. Based on Mr. Crowe’s determination, he will not support putting any time into this endeavor.

Mr. Arquiett said he thinks it is a good idea, but he does wonder what we are creating.

Ms. Brothers said the whole issue of whether St. Lawrence County owns the bridge or not is cloudy. The State inspected the bridge, and they believe the County owns the bridge. She said we can go to court and fight this issue, but believes the court costs will be more than the costs of fixing the bridge. There have been other bridges we have partnered with. Sharing the costs and partnering with the Town will be cheaper.

Mr. Peck said the County did a lot of work to this bridge in the 1980s.

Mr. Parker offered a friendly amendment to add “pursuant to an inter-municipal agreement with the Town of Fowler” to the Now, Therefore, be it Resolved. Mr. MacKinnon agreed it was a friendly amendment.

Mr. Lightfoot called a Point of Order and said it was up to the Board, not Mr. MacKinnon to decide if the resolution should be amended. Mr. Parker moved to amend the agenda to include the words “pursuant to an inter-municipal agreement”, seconded by Mr. MacKinnon.

Mr. Bogart said every town in the county does a hold harmless with the County which relieves the county of responsibility. All work requested is in writing and that is a blanket hold harmless for the year. Mr. MacKinnon said this is one more use of that blanket agreement. Mr. Parker said his concern is the current hold harmless is for the County to perform work for towns, but the Town is not claiming this bridge. Mr. Crowe said if the amendment is passed, the Town will come forward and ask that the work to be done. Amendment carried with two (2) no votes (Peck and Morrill).

Mr. Acres moved to amend the resolution to say, “Upon completion, the bridge will be under the ownership of the Town of Fowler”, seconded by Mr. Akins. Mr. MacKinnon said we cannot dictate ownership. Mr. Akins asked if anyone wants to own bridge. Ms. St. Hilaire said no. Mr. Crowe said years ago the County took over the adjacent bridge, but this bridge was omitted. Mr. Lightfoot asked if a suit was brought forward would it go to Supreme Court. Mr. Crowe said yes. Amendment failed with four (4) yes votes, nine (9) no votes, and two (2) absent.

Mr. Lightfoot moved to amend the resolution to say “Be it Further Resolved that the County Attorney is to bring declaratory judgment in Supreme Court to determine ownership of the bridge”, seconded by Mr. Parker. Amendment carried with seven (7) yes votes, six (6) no votes, and two (2) absent.

Mr. MacKinnon asked who gets sued. Mr. Crowe said it is a declaratory action that brings the Town and Power Company into court. Motion carried with one (1) no vote (Putney).

9. COUNTY ADMINISTRATOR’S REPORT – KAREN ST. HILAIRE

A. Adopting Proposed Local Law A (No.__) for the Year 2012 a Local Law Overriding the Tax Levy Limit for St. Lawrence County for 2013 and Authorizing the Adoption by St. Lawrence County of a Budget for 2013 that Requires a Tax Levy that is Greater than the Tax Levy Limit for the 2013 Fiscal Year (Res) – Mr. Bunstone moved to forward this resolution to full Board, seconded by Ms. Brothers. Mr. Lightfoot asked for clarification on what would happen if it is not overridden. Ms. St. Hilaire said whatever is raised over and above the tax cap will be put aside, in a reserve, and will go against the tax cap.

Mr. Morrill said we are not done yet, and we need to get serious on cuts.

Mr. Parker said we would only be allowed to spend the current budget plus 4.05%.

Mr. Akins asked what the last date possible to pass this resolution would be, and asked if it can be tabled. Ms. St. Hilaire said there is a Special Board Meeting on November 19th and November 26th. Mr. Akins moved to table this resolution to November 26th, seconded by Mr. Lightfoot and Mr. Bunstone, and carried.