This Preliminary Official Statement and the information contained herein are subject to completion and amendment in a final Official Statement. This Preliminary Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, and there may not be any sale of the Bonds offered by this Preliminary Official Statement, in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of that jurisdiction. 265(b)(3) oftheCode. tax consequencesarisingwithrespecttotheBonds.See“TAXMATTERS”herein. subdivision thereof(includingTheCityofNewYork).NoopinionisexpressedregardingotherFederalorState interest ontheBondsisexemptfrompersonalincometaxesimposedbyStateofNewYorkoranypolitical tax yearsbeginningpriortoJanuary1,2018.BondCounselisalsooftheopinionthatunderexistingstatutes purposes ofcalculatingtheFederalalternativeminimumtaximposedoncertaincorporationswithrespectto tax imposedoncorporations;interesttheBonds,however,isincludedin“adjustedcurrentearnings”for imposed onindividualsand,fortaxyearsbeginningpriortoJanuary1,2018,theFederalalternativeminimum income taxpurposes,isnotan“itemofpreference”forpurposestheFederalalternativeminimum made bytheCounty,interestonBondsisexcludedfromgrossincomeofownersthereofforFederal contained intheInternalRevenueCodeof1986,asamended(the“Code”),andaccuracycertainrepresentations decisions, andassumingcontinuingcompliancebytheCountywithitscovenantsrelatingtocertainrequirements NE “DISCLOSURE UNDERTAKING” HEREIN. OF THECOUNTY’SAGREEMENTS TOPROVIDECONTINUINGDISCLOSUREAS DESCRIBED IN THE RULE,SEE PURPOSES OFSECURITIES ANDEXCHANGECOMMISSIONRULE15c2-12(THE “RULE”).FORADESCRIPTION made throughtheofficesofDTConoraboutOctober 24,2018. be will form book-entry in Bonds the of delivery that expected is It County. the to Advisor Municipal registered Bond, Schoeneck & King, PLLC, Buffalo, New York, as Underwriters’ Counsel. Hilltop Securities Inc. serves as a Bond Counsel,andcertainotherconditions.Certain legalmatterswillbepasseduponfortheUnderwritersby as describedherein. remit such principal and interest to its Participants for subsequent distribution to the Beneficial Owners of the Bonds Trust Company,Buffalo,NewYork(the“FiscalAgent”) toTheDepositoryTrustCompany(“DTC”)whichwillinturn Redemption” herein. subject toredemptionpriormaturityinthemannerandattimesetforthherein.See“THEBONDS– Optional consisting oftwelve30-daymonths.TheBondsarepayablefromamountsprovidedbytheCounty. are each year commencing March 15, 2019. Interest on the Bonds shall be calculated on the basis of a 360-day year EXPENDITURES –TheTaxLevyLimitationLaw”herein. imposed byChapter97oftheLaws2011(the“TaxLevyLimitationLaw”).See“REVENUESOURCES AND of advaloremtaxestopayboththeprincipalandinterestonBonds,subjectcertainstatutorylimitations County haspledgeditsfullfaithandcredit.Allofthetaxablerealpropertywithinissubjectto thelevy Dated: DateofDelivery * Preliminary, subject to change. Dated: Jefferies W The Bonds will NOT be designated by the County as “qualified tax-exempt obligations” pursuant to Section to pursuant obligations” tax-exempt “qualified as County the by designated be NOT will Bonds The In theopinionofBondCounsel,underexistingstatutes,regulations,administrativerulings,andcourt THIS PRELIMINARYOFFICIAL STATEMENTISINAFORM“DEEMEDFINAL” BYTHECOUNTYFOR NewYork, PLLC, Buffalo, Beach ofHarris opinion approving final the to subject offered are Bonds The Principal ofandinterestontheBondswillbepaidby theCounty’sFiscalAgent,ManufacturersandTraders Interest ontheSeries2018ABondsand2018BispayableMarch15September of The BondsaregeneralobligationsoftheCountyErie,NewYork(the“County”),forpaymentwhich the
I SSU October __,2018 E
- $39,675,000* PU B ook- $2,195,000* S Preliminary Official Statement Date E ntry-Only
G ENERAL
BLIC E C W OU O ER
IM (the “Series2018 (the “Series2018 BLI NTY D P I R G S OV TRICT ATI O $41,870,000* Consisting of EMENT F O
ERIE N S
B ERIAL O S , A B N NE
ERIAL DS ( B B onds”) onds”)
W B T O Y H
N B O d E DS, S O Oct “ R N K B RATIN DS, S O ERIE o N Due: ber 9, 2018 DS”) ERIE GS: (See“ S 2018 Stern A s shownoninsidecover S 2018 B B R rothers & atings” herein) A C o. $39,675,000* PUBLIC IMPROVEMENT SERIAL BONDS—SERIES 2018A
Dated: Date of Delivery Principal Due: September 15, as shown below. Interest Due: March 15, 2019, September 15, 2019 and semi-annually thereafter on March 15 and September 15 in each year until maturity or prior redemption.
Principal Interest CUSIP Principal Interest CUSIP † Maturity Amount* Rate Yield Number Maturity Amount* Rate Yield Number† 2019 $2,440,000 % % 295084 2026 $3,135,000 % % 295084 2020 $2,360,000 295084 2027 $3,290,000 295084 2021 $2,455,000 295084 2028 $3,455,000 295084 2022 $2,575,000 295084 2029 $3,625,000 295084 2023 $2,705,000 295084 2030 $3,810,000 295084 2024 $2,840,000 295084 2031 $4,000,000 295084 2025 $2,985,000 295084
$2,195,000* SEWER DISTRICT SERIAL BONDS—SERIES 2018B
Dated: Date of Delivery Principal Due: September 15, as shown below. Interest Due: March 15, 2019, September 15, 2019 and semi-annually thereafter on March 15 and September 15 in each year until maturity or prior redemption.
CUSIP Inter CUSIP Principal Interest Number† Principal est Number† Maturity Amount* Rate Yield Maturity Amount* Rate Yield
2019 $115,000 % % 295084 2026 $140,000 % % 295084 2020 $110,000 295084 2027 $150,000 295084 2021 $110,000 295084 2028 $155,000 295084 2022 $115,000 295084 2029 $165,000 295084 2023 $125,000 295084 2030 $175,000 295084 2024 $130,000 295084 2031 $180,000 295084 2025 $135,000 295084 2032 $190,000 295084 2033 $200,000 295084
† Copyright, American Bankers Association. CUSIP data herein are provided by Standard & Poor’s, CUSIP Service Bureau, a division of The McGraw-Hill Companies, Inc. The CUSIP numbers listed above are being provided solely for the convenience of bondholders only at the time of issuance of the Bonds and the County and the Underwriters do not make any representation with respect to such numbers or undertake any responsibility for their accuracy now or at any time in the future. The CUSIP number for a specific maturity is subject to being changed after the issuance of the Bonds as a result of various subsequent actions including, but not limited to, a refunding in whole or in part of such maturity or as a result of the procurement of secondary market portfolio insurance or other similar enhancement by investors that is applicable to all or a portion of certain maturities of the Bonds. ______* Preliminary, subject to change.
COUNTY OF ERIE, NEW YORK
MARK C. POLONCARZ, ESQ. County Executive
STEFAN I. MYCHAJLIW County Comptroller
MICHAEL SIRAGUSA, ESQ. County Attorney
PETER J. SAVAGE Chair, Legislature
APRIL N.M. BASKIN Majority Leader, Legislature
JOSEPH C. LORIGO Minority Leader, Legislature
HARRIS BEACH PLLC Bond Counsel
HILLTOP SECURITIES INC. Municipal Advisor
DRESCHER & MALECKI, LLP Independent Auditors
(THIS PAGE INTENTIONALLY LEFT BLANK)
The management of the County of Erie, New York (the “County”) has prepared the prospective financial information set forth herein to present certain projections of future financial information. The accompanying prospective financial information was not prepared with a view toward complying with the guidelines established by the American Institute of Certified Public Accountants with respect to prospective financial information, but, in the view of the County’s management, was prepared on a reasonable basis, reflects the best currently available estimates and judgments, and presents, to the best of management’s knowledge and belief, the expected course of action and the expected future financial performance of the County. However, this information is not fact and should not be relied upon as being necessarily indicative of future results, and readers of this Official Statement are cautioned not to place undue reliance on the prospective financial information.
Neither the County’s independent auditors, nor any other independent accountants, have compiled, examined or performed any procedures with respect to the prospective financial information contained herein, nor have they expressed any opinion or any other form of assurance on such information or its achievability, and they assume no responsibility for and disclaim any association with the prospective financial information.
The assumptions and estimates underlying the prospective financial information are inherently uncertain and, though considered reasonable by the management of the County as of the date of its preparation, are subject to a wide variety of significant business, economic, and competitive risks and uncertainties that could cause actual results to differ materially from those contained in the prospective financial information. Accordingly, there can be no assurance that the prospective results are indicative of the future performance of the County or that actual results will not differ materially from those presented in the prospective financial information. Inclusion of the prospective financial information in this Official Statement should not be regarded as a representation by any person that the results contained in the prospective financial information will be achieved.
The County does not intend to update or otherwise revise the prospective financial information to reflect circumstances existing since its preparation or to reflect the occurrence of unanticipated events, even in the event that any or all of the underlying assumptions are shown to be in error. Furthermore, the County does not intend to update or revise the prospective financial information to reflect changes in general economic or industry conditions.
Additional information relating to the principal assumptions used in preparing the projections is set forth herein.
No person has been authorized by the County to give any information or to make any representations not contained in this Official Statement and, if given or made, such other information or representations must not be relied upon as having been authorized. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor there any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information, estimates and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the County since the date hereof.
The Underwriters have provided the following sentence for inclusion in this Official Statement: The Underwriters have reviewed the information in this Official Statement in accordance with, and as part of, their responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriters do not guarantee the accuracy or completeness of such information.
If and when included in this Official Statement, the words “expects,” “forecasts,” “projects,” “intends,” “anticipates,” “estimates” and analogous expressions are intended to identify forward-looking statements and any such statements inherently are subject to a variety of risks and uncertainties that could cause actual results to differ materially from those projected. Such risks and uncertainties include, among others, general economic and business conditions, changes in political, social and economic conditions, regulatory initiatives and compliance with governmental regulations, litigation and various other events, conditions and circumstances, many of which are beyond the control of the County. These forward-looking statements speak only as of the date of this Official Statement. The County and the Underwriters disclaim any obligation or undertaking to release publicly any updates or revisions to any forward-looking statement contained herein to reflect any change in the County’s expectations with regard thereto or any change in events, conditions or circumstances on which any such statement is based.
IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
TABLE OF CONTENTS
INTRODUCTION ...... 1 REVENUE SOURCES AND EXPENDITURES ... 37 General ...... 37 THE BONDS ...... 1 Revenues ...... 38 Authorization ...... 1 Valuations, Tax Levies and Rates ...... 40 Description ...... 1 Constitutional Tax Limit ...... 40 Nature of the Obligations ...... 2 The Tax Levy Limitation Law ...... 41 Purpose of the Series 2018A and Tax Collection...... 43 Series 2018B Bonds ...... 2 Expenditures ...... 43 Optional Redemption ...... 4 Selection of Bonds to be Redeemed...... 4 ECONOMIC CONDITIONS...... 44 Notice of Redemption ...... 4 General ...... 44 Population Characteristics ...... 44 BOOK-ENTRY-ONLY SYSTEM ...... 4 Local Economy ...... 50 INDEBTEDNESS OF THE COUNTY ...... 6 Transportation ...... 50 Constitutional Requirements ...... 6 Educational, Cultural, Media and Calculation of Constitutional Debt Recreational Facilities ...... 51 Limit ...... 7 County Employee Pension Benefits ...... 54 Calculation of Total Net Other Post-Employment Benefits ...... 55 Indebtedness ...... 8 LITIGATION ...... 57 Outstanding Direct Indebtedness ...... 10 Debt Policy ...... 13 SELF-INSURANCE ...... 57 Short-Term Indebtedness ...... 14 TAX MATTERS ...... 57
Estimated Overlapping Debt ...... 16 Federal Income Taxes ...... 57 PROVISIONS AFFECTING RIGHTS AND State and Local Income Taxes ...... 58 REMEDIES ...... 17 Other Considerations ...... 58 COUNTY GOVERNMENT ...... 17 RATINGS ...... 59 RELATED ENTITIES ...... 19 MARKET FACTORS ...... 59 Niagara Frontier Transportation DISCLOSURE UNDERTAKING ...... 59
Authority ...... 19 Compliance History ...... 61 New York Power Authority (Settlement) ...... 19 LEGAL MATTERS ...... 62 Buffalo Sewer Authority ...... 20 UNDERWRITING ...... 62 Buffalo Niagara Convention Center ...... 20 INVESTMENT POLICY ...... 62
KeyBank Center ...... 20 MUNICIPAL ADVISOR ...... 63 Erie Community College ...... 20 New Era Field ...... 21 OTHER INFORMATION ...... 63 Erie County Industrial APPENDIX A ...... A-1
Development Agency ...... 21 County of Erie New York Comprehensive Annual Erie Tobacco Asset Securitization Corporation ...... 22 Financial Report for the Year Ended December 31, Erie County Medical Center 2017 and Independent Auditors’ Reports Corporation ...... 22 ERIE COUNTY FISCAL STABILITY AUTHORITY ...... 24 Purpose and Operations ...... 24 Directors and Management ...... 25 Financing Agreement ...... 25 ECFSA Monitoring and Control Functions ...... 25 ECFSA Oversight Actions To-Date ...... 26 COUNTY FINANCES ...... 29 Four-Year Financial Plans ...... 29 Projected Financial Information...... 29 Financial Statements ...... 30 Budgetary Process ...... 30 2018 County Budget ...... 31 Operating Budget for Various Funds ...... 32 Budget Monitoring Report and Mid-Year 2018 County Budget Review ...... 33 Capital Program ...... 33 Comparative Summary of Financial Results ...... 36 i
OFFICIAL STATEMENT of the COUNTY OF ERIE, NEW YORK ______
INTRODUCTION
This Official Statement (the “Official Statement”), which includes the cover page and the inside cover page, has been prepared by the County of Erie, New York (the “County”), in connection with the sale by the County of its $39,675,000 Public Improvement Serial Bonds, Series 2018A (the “Series 2018A Bonds”) and its $2,195,000* Sewer District Serial Bonds, Series 2018B (the “Series 2018B Bonds” and, collectively with the Series 2018A Bonds, the “Bonds”). This Official Statement has been executed on behalf of the County by the Comptroller, the chief fiscal officer of the County.
All quotations from and summaries and explanations of provisions of the Constitution and laws of the State of New York (the “State”), and acts and proceedings of the County contained herein do not purport to be complete, and are qualified in their entirety by reference to the official compilations thereof, and all references to the Bonds and the proceedings of the County relating thereto are qualified in their entirety by reference to the definitive form of the Bonds and such proceedings.
Since 2005, the County has operated under State-imposed fiscal oversight imposed by the Erie County Fiscal Stability Authority (“ECFSA”) which was created by the Erie County Fiscal Stability Authority Act, enacted as Chapter 182 of the Laws of 2005, as supplemented by Chapter 183 of the Laws of 2005 and codified as Article 10-D, Title 3, Sections 3950 – 3973 of the Public Authorities Law (the “ECFSA Act”). (See “ERIE COUNTY FISCAL STABILITY AUTHORITY” herein for a discussion of its enabling legislation and its role in the oversight of County finances over the period from 2005 to the present.)
THE BONDS
Authorization
The Bonds are issued pursuant to the Constitution and laws of the State, including the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State, Bond Resolutions adopted by the County Legislature and approved by the County Executive on various dates, and other proceedings and determinations related thereto.
Description
The Bonds will be dated as of the date of delivery. The Bonds will mature on the dates and in the principal amounts and will bear interest at the rates shown on the inside cover page hereof. Interest on the Bonds is payable on March 15 and September 15 in each year until maturity or until earlier redemption, if any, commencing March 15, 2019. Interest on the Bonds shall be calculated on the basis of a 360-day year consisting of twelve 30-day months.
The Bonds will be issued in fully registered form, and, when issued, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company (“DTC”). DTC will act as securities depository for the Bonds. Individual purchases of ownership interests in the Bonds will be made in book-entry-only form, in the principal amount of $5,000 or integral multiples thereof. Purchasers will not receive certificates representing their ownership interest in the Bonds. (See “Book-Entry-Only System” herein.)
Principal and interest on the Bonds will be paid by Manufacturers and Traders Trust Company, Buffalo, New York (the “Fiscal Agent”) to DTC, which will in turn remit such principal and interest to its Participants, for subsequent distribution to the Beneficial Owners of the Bonds. (See “Book-Entry-Only System” herein.)
Preliminary, subject to change.
1
Nature of the Obligations
Each Bond, when duly issued and paid for, will constitute a contract between the County and the owner thereof.
The Bonds are general obligations of the County and will contain a pledge of the faith and credit of the County for the payment of the principal thereof and the interest thereon. For the payment of such principal and interest, the County has the power and statutory authorization to levy ad valorem taxes on all taxable real property within the County subject to the statutory limitations imposed by Chapter 97 of the Laws of 2011 of the State of New York (the “Tax Levy Limitation Law”). (See “REVENUE SOURCES AND EXPENDITURES – The Tax Levy Limitation Law” herein.)
Under the Constitution of the State, the principal of and interest on the Bonds will constitute indebtedness contracted by the County, for the payment of which the County is required to pledge its faith and credit, and the State is specifically precluded from restricting the power of the County to levy taxes on real property for the payment of such indebtedness. However, the Tax Levy Limitation Law imposes a statutory limitation on the County’s power to increase its annual tax levy. The amount of such increase is limited by the formulas set forth in the Tax Levy Limitation Law. (See “REVENUE SOURCES AND EXPENDITURES – The Tax Levy Limitation Law” herein.)
Purpose of the Series 2018A and Series 2018B Bonds
The proceeds of the Series 2018A and Series 2018B Bonds, inclusive of original issue premium, will be used to provide funds to finance the cost or part of the cost of the following capital improvements.
Amount Project
Series 2018A $500,000 Springville (Scoby) Dam Fish Passage Ecosystem Restoration Project (local share) $1,923,566 DPW (Buildings and Grounds) – Rehabilitation of New Era Field $500,000 DPW (Buildings and Grounds) – Rehabilitation of Buffalo & Erie County Botanical Gardens $500,000 DPW (Buildings and Grounds) – Buffalo Niagara Convention Center Improvements $1,000,000 DPW (Buildings and Grounds) – Code and Environmental Compliance (Countywide) $500,000 DPW (Buildings and Grounds) – Roof Replacement and Exterior Waterproofing (Countywide) DPW (Buildings and Grounds) – Mechanical, Electrical, Plumbing and Miscellaneous $1,500,000 Improvements (Countywide) $250,000 DPW (Buildings and Grounds) – Energy Conservation Implementation Initiatives (Countywide) $750,000 DPW (Buildings and Grounds) – EPA Environmental Regulatory Compliance - Salt Buildings DPW (Buildings and Grounds) – Erie County Toxicology Laboratory / Pathology Renovations - $1,000,000 Phase 5 $500,000 DPW (Buildings and Grounds) – Improvements to EC Health Department Building 17 (Buffalo) DPW (Buildings and Grounds) – Highway Maintenance Facilities - Harlem Rd / Lancaster / $800,000 Clarence $750,000 DPW (Buildings and Grounds) – Preservation of County Buildings & Facilities (Countywide) $500,000 DPW (Buildings and Grounds) – Preservation of County Highway Facilities (Countywide) $1,000,000 DPW (Buildings and Grounds) – 120/134 West Eagle Street Building Rehabilitation DPW/Highways – Preservation of Roads Construction – East & West Road (CR 363) - West $3,000,000 Seneca DPW/Highways – Preservation of Roads Construction – North & South Main Street (CR 009) – $2,500,000 Village of Angola $500,000 DPW/Highways – Preservation of Roads Design (Countywide) $2,000,000 DPW/Highways – Highway Vehicle and Equipment Replacement (Countywide) $750,000 DPW/Highways – Turn Back of Roads to Towns $121,200 DPW/Highways – Federal Aid Projects Design – Maple Road (CR 192) Design - PIN 5761.76 $633,888 DPW/Highways – Federal Aid Projects Intersection Construction $124,800 DPW/Highways – Federal Aid Projects Construction – Abbott Road (CR 4) - PIN 5761.74 $249,600 DPW/Highways – Federal Aid Projects Construction – McKinley Parkway (CR 204) - PIN 5761.75 $178,600 DPW/Highways – Federal Aid Projects Construction – Armor Duells Road (CR 44) PIN 5762.25 $416,000 DPW/Highways – Federal Aid Projects Construction – Maple Road (CR 192) - PIN 5761.76 $200,000 DPW/Highways – Federal Aid Projects Bridge Preservation Design (Countywide) 2
$100,000 DPW/Highways – Federal Aid Projects Bridge New York Program - Design DPW/Highways – Federal Aid Projects Bridge Preservation Construction – Bridge New York - $935,000 Construction DPW/Highways – Federal Aid Projects Bridge Preservation Construction - Cedar Street Bridge $272,000 Replacement - PIN 5761.78 DPW/Highways – Federal Aid Projects Bridge Preservation Construction - Pontiac Road Bridge $356,000 Replacement - PIN 5761.77 DPW/Highways – Preservation of Bridges and Large Culverts Construction – Miscellaneous Culvert $500,000 Repairs/Replacements DPW/Highways – Preservation of Bridges and Large Culverts Construction – Repair/Rehabilitation $500,000 of Flagged Bridge and Culverts $800,000 DPW/Highways – Road Slides Construction - Ketchum Road (C.R. 501) Slide (Collins) $500,000 DPW/Highways – Road Slides Construction - Burdick Road (C.R. 258) Slide (Newstead) $500,000 DPW/Highways – Highway Safety Improvements $3,000,000 DPW/Highways – Various Roads Reconstruction (Countywide) $900,000 Parks – Countywide Parks Improvements (Countywide) $350,000 Parks – Shelter, Building and Comfort Station Rehabilitation (Countywide) $200,000 Parks – Roads, Pathways and Parking Lot Improvements (Countywide) $400,000 Parks – Vehicles and Equipment $100,000 Parks – Como Lake Restoration $850,000 Parks – Emery Park Ski Lift Replacement $300,000 Parks – Ellicott Creek Park Pedestrian Bridge $1,400,000 Environment and Planning – Bethlehem Steel Redevelopment $200,000 Information and Support Services – Disaster Recovery Project – Phase II $800,000 Information and Support Services – Time and Attendance Project $400,000 DPW (Buildings and Grounds) – Erie County Sheriff's Department - Misc. Renovations DPW (Buildings and Grounds) – Erie County Correctional Facility - Video and Door Control $600,000 Upgrades - Phase 2 $2,594,000 Central Police Services – Continuation of E-911 Services/Hardware Refresh DPW (Buildings and Grounds) – Buffalo & Erie County Main Library Auditorium Rehabilitation - $650,000 Phase III DPW (Buildings and Grounds) – Buffalo & Erie County Main Library Mechanical, Electrical, & $400,000 Plumbing Improvements $1,800,000 Erie Community College – Equipment (College wide) $1,000,000 Erie Community College – Roof Replacement and Exterior Waterproofing (College wide) $400,000 Erie Community College – College wide Sitework (College wide) $500,000 Erie Community College – College wide Infrastructure Improvements/Renovations $300,000 Erie Community College – Code Compliance (College wide) Erie Community College – Mechanical, Electrical, Plumbing and Miscellaneous Improvements $500,000 (College wide) $300,000 Erie Community College – College wide Preservation of Buildings & Facilities $45,054,654
Series 2018B $186,000 Erie County Sewer District #2 Various Sewer Facilities $2,309,669 Erie County Sewer District #3 Southtowns Sewage Treatment Facility $2,495,669
3
Optional Redemption
The Series 2018A Bonds and Series 2018B Bonds maturing on or after September 15, 20__ will be subject to redemption prior to maturity at the option of the County on September 15, 20__ and thereafter on any date, as a whole or in part, at par plus accrued interest to the date of redemption.
Selection of Bonds to be Redeemed
So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the County will cause notice of redemption to be given only to DTC as registered owner. The selection of the book-entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. See “Book- Entry-Only System” herein regarding DTC’s practice of determining by lot the amount of the interest of each Direct Participant for partial bond redemptions.
If the Bonds are not registered in book-entry form, any redemption of less than all of a maturity of the Bonds shall be allocated (in the amounts of $5,000 or any whole multiple) among the registered owners of such maturity of the Bonds then outstanding as nearly as practicable in proportion to the principal amounts of such maturity of the Bonds owned by each registered owner. This will be calculated based on the following formula:
(principal to be redeemed) x (principal amount owned by owner) (principal amount outstanding)
Notice of Redemption
Notice of redemption shall be given by mailing such notice to the persons shown as the registered owners of the Bonds (which initially shall be Cede & Co. as nominee of DTC) to be redeemed at their respective addresses as shown upon the registration books of the Fiscal Agent not less than 30 days, nor more than 60 days, prior to such date. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and interest on such Bonds shall cease to accrue from and after such redemption date.
BOOK-ENTRY-ONLY SYSTEM
The “DTC” will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities, in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully registered Bond certificate will be issued for each maturity of each series of the Bonds, in the aggregate principal amount of such maturity, and will be deposited with DTC.
DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com.
Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond 4
(“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase, Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct or Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interest in the Bonds, except in the event that use of the book-entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of the Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee does not affect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time.
Beneficial Owners of the Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of the Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Securities unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Securities are credited on the record date (identified in a listing attached to the Omnibus Proxy).
Payment of principal and interest on the Bonds will be made to DTC by the Fiscal Agent. Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co. or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the County on the payable date, in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC (nor its nominee) or the County, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the County, disbursement of such payments to Direct Participants will be the responsibility of DTC), and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the County. Under such circumstances, in the event that a successor depository is not obtained, Bond certificates are required to be printed and delivered. The County may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, Bond certificates will be printed and delivered to DTC.
The information contained in the above section concerning DTC and DTC’s book-entry system has been obtained from sources that the County believes to be reliable, but the County takes no responsibility for the accuracy thereof.
NEITHER THE COUNTY NOR THE FISCAL AGENT WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO DIRECT PARTICIPANTS, TO INDIRECT PARTICIPANTS OR TO ANY BENEFICIAL OWNER WITH RESPECT TO (I) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC, ANY DIRECT 5
PARTICIPANT, OR ANY INDIRECT PARTICIPANT; (II) THE PAYMENT OR TIMELINESS OF PAYMENT BY DTC OR ANY DIRECT PARTICIPANT OR INDIRECT PARTICIPANT OF ANY AMOUNT WITH RESPECT TO THE PRINCIPAL OF OR INTEREST ON THE BONDS; OR (III) ANY NOTICE OR TIMELINESS OF NOTICE WHICH IS PERMITTED OR REQUIRED TO BE GIVEN TO HOLDERS OF THE BONDS.
INDEBTEDNESS OF THE COUNTY
Constitutional Requirements
The New York State Constitution limits the power of the County (and other municipalities and school districts of the State) to issue obligations, to contract indebtedness, and to lend its credit to others. Such constitutional limitations include the following, in summary form, and are generally applicable to the Bonds:
Purpose and Pledge. The County shall not give or loan any money or property to or in aid of any individual, or private corporation or private undertaking, or give or loan its credit to or in aid of any of the foregoing or any public corporation; provided, however, that the County may, if authorized by the State Legislature, lend its money or credit to certain entities, for the purpose of providing certain hospital or other facilities. The State Legislature has provided such authorization with respect to the Erie County Medical Center Corporation through enactment of Chapter 143 of the Laws of 2003. (See “RELATED ENTITIES - Erie County Medical Center Corporation” herein.)
The County may contract indebtedness only for County purposes, and shall pledge its faith and credit for the payment of the principal thereof and interest thereon.
Payment and Maturity. Except for certain short-term indebtedness contracted in anticipation of taxes or to be paid within three fiscal year periods, indebtedness shall be paid in annual installments commencing no later than two years after the date such indebtedness shall have been contracted and ending no later than the expiration of the period of probable usefulness of the object or purpose or, in the alternative, the expiration of the weighted average period of probable usefulness of the several purposes, for which it is contracted, and in no event may this period exceed forty years. No installment may be more than fifty per centum in excess of the smallest prior installment unless the County Legislature provides for substantially level or declining debt service payments in the manner prescribed by the State Legislature. The County is required to provide an annual appropriation for the payment of interest due during the year on its indebtedness and for the amounts required in such year for amortization and redemption of its indebtedness.
Debt Limit. The County has the power to contract indebtedness for any lawful County purpose so long as the principal amount thereof shall not exceed seven per centum of the average full valuation of taxable real estate of the County and subject to certain enumerated exclusions and deductions such as water and certain sewer facilities and cash or appropriations for current debt service. The constitutional method for determining average full valuation is calculated by taking the assessed valuations of taxable real estate for the last five completed assessment rolls and applying thereto the ratio which such assessed valuation bears to the full valuation; full valuation is determined by the State Board of Real Property Services or such other State agency or officer as the State Legislature shall direct. The State Legislature also is required to prescribe the manner by which such ratio shall be determined by such authority.
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Calculation of Constitutional Debt Limit
The constitutional debt limit calculation of the County is shown as follows:
TABLE 1 Calculation of Constitutional Debt Limit As of September 30, 2018
Equalized Full Valuation of For Fiscal Year Ended December 31 Taxable Real Property
2014 ...... $ 47,996,864,239.00 2015 ...... 49,214,694,098.00 2016 ...... 51,961,517,243.00 2017 ...... 54,929,481,216.00 2018 ...... 58,098,573,862.00
Total five year full valuation ...... $ 262,201,130,658.00
Five year average full valuation ...... $ 52,440,226,131.60
Debt limit - 7% of average full valuation ...... $ 3,670,815,829.21
SOURCE: NYS Office of the State Comptroller - Data Management Unit
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Calculation of Total Net Indebtedness
The calculation of total net indebtedness for the County is set forth below:
TABLE 2 Calculation of Total Net Indebtedness As of September 30, 2018
Five year average full valuation (2014-2018) ...... $52,440,226,131.60
Debt Limit – 7% of average full valuation ...... $ 3,670,815,829.21
Outstanding Indebtedness: Bonds – General...... $279,540,000.06 Bonds – Sewer ...... 77,272,823.62 Bond Guaranty - ECMCC (1) ...... 78,910,000.00
Total Indebtedness ...... 435,722,823.68
Less Exclusions: Budgeted Appropriations ...... 2,910,902.00
Total Exclusions ...... 2,910,902.00
Total Net Indebtedness ...... $ 432,811,921.68
Net Debt Contracting Margin ...... $ 3,238,003,907.53
Percentage of Debt Contracting Power Exhausted ...... 11.79%
(1) Erie County Medical Center Corporation
SOURCES: Property Value – NYS Office of the State Comptroller – Data Management Unit, Indebtedness and exclusions – Erie County Comptroller’s Office
Statutory Procedure
In general, the State Legislature has granted the authorization and prescribed the procedures for the County to borrow and incur indebtedness by the enactment of the Local Finance Law, subject to the constitutional provisions set forth under “Constitutional Requirements” and to limitations imposed on the County by the ECFSA Act. The power to spend money, however, generally derives from other law, including the County Law and the General Municipal Law of the State.
The Local Finance Law also provides that where a bond resolution, or a summary thereof, is published with a statutory form of notice, the validity of the bonds authorized thereby, including bond anticipation notes issued in anticipation of the sale thereof, may be contested only if:
(1) such obligations are authorized for a purpose for which the County is not authorized to expend money; or
(2) there has not been substantial compliance with the provisions of law which should have been complied with in the authorization of such obligations; and an action contesting such validity is commenced within twenty days after the date of such publication; or
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(3) such obligations are authorized in violation of the provisions of the Constitution.
Such publication procedure has been followed with respect to each of the bond resolutions pursuant to which the Bonds are being issued, and the validity of the Bonds (and any bond anticipation notes issued in anticipation of the sale thereof) has not been contested.
Each bond resolution generally authorizes the construction, acquisition, or installation of the object or purpose to be financed, sets forth the plan of financing and specifies the maximum maturity of the bonds therein authorized subject to legal (Constitution, Local Finance Law, and case law) restrictions relating to the period of probable usefulness with respect thereto.
In addition, under each bond resolution, the County Legislature (Finance Board) may delegate, and has delegated, power to issue and sell bonds and bond anticipation notes in anticipation thereof to the Comptroller, as the chief fiscal officer of the County.
In general, the Local Finance Law authorizes the County Legislature (Finance Board) to delegate its power to issue general obligation revenue anticipation notes, tax anticipation notes, budget notes and capital notes to the Comptroller.
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Outstanding Direct Indebtedness
The following table shows all outstanding direct indebtedness for which the County has pledged its faith and credit for payment of the principal thereof and the interest thereon:
TABLE 3 Direct General Obligation Indebtedness Outstanding As of September 30, 2018
Bonds: Highway Improvements ...... $84,046,440.32 Buildings and other Improvements ...... 83,104,842.15 Sewer District Facilities ...... 77,272,823.62 New Era Field ...... 35,827,341.73 Community College ...... 27,876,149.38 Court House Facilities ...... 17,139,535.36 Key Bank Center ...... 8,490,000.00 Prison Facilities ...... 8,397,078.73 Computer Systems...... 7,680,760.14 Convention Center...... 4,912,988.07 Buffalo Zoo ...... 1,771,464.00 Hospital...... 293,400.18 (1) Total Long-Term Debt ...... $356,812,823.68 (1) (2)
Exclusions: Budgeted Appropriations ...... 2,910,902.00
Total Deductions ...... 2,910,902.00
Net Direct Debt ...... $353,901,921.68
(1) Pursuant to the agreement governing the sale of the County hospital and nursing home to Erie County Medical Center Corporation, the County continues to be directly responsible for the payment of certain bonded debt for these facilities. Bonded debt, in the amount of $78,910,000 of Erie County Medical Center Corporation for which the County has indirect responsibility as guarantor, is not included above. (2) This schedule reflects remaining principal for bonds issued from 1999 to 2017 by the County. SOURCE: Erie County Comptroller’s Office
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Debt Ratios
The following table sets forth certain rates relating to the County’s gross and net direct general obligation indebtedness:
TABLE 4 Debt Ratios (a) As of September 30, 2018
Percentage of Equalized Amount Per Capita(b) Full Value (c)
Gross Direct Debt $356,812,824 $385.52 .61%
Net Direct Debt $353,901,922 $382.38 .61%
(a) Does not include underlying indebtedness. (b) The County’s 2017 population estimate of 925,528 was compiled by the NYS Department of Economic Development. (c) The County’s equalized full value of taxable real estate for 2018 is $58,098,573,862.
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Annual Debt Service Schedule
The following schedule sets forth all principal and interest payments due as of September 30, 2018 (prior to the issuance of the Bonds) on all outstanding long-term general obligation indebtedness of the County:
TABLE 5 Annual Debt Service Requirements for Bonds
Fiscal Year Ending December 31 Principal Payments Interest Payments Total Debt Service
2018(1) ...... $ 2,781,100.00 $ 4,555,009.84 $ 7,336,109.84 2019 ...... 50,169,933.68 15,892,945.61 66,062,879.29 2020 ...... 51,475,809.00 13,524,745.93 65,000,554.93 2021 ...... 39,233,052.00 11,347,474.44 50,580,526.44 2022 ...... 41,034,295.00 9,424,154.94 50,458,449.94 2023 ...... 42,966,538.00 7,382,935.79 50,349,473.79 2024 ...... 21,318,781.00 5,664,526.36 26,983,307.36 2025 ...... 18,595,024.00 4,698,571.85 23,293,595.85 2026 ...... 17,042,267.00 3,828,227.40 20,870,494.40 2027 ...... 12,799,510.00 3,062,366.47 15,861,876.47 2028 ...... 13,320,752.00 2,458,435.75 15,779,187.75 2029 ...... 10,032,995.00 1,826,574.68 11,859,569.68 2030 ...... 6,140,238.00 1,374,934.26 7,515,172.26 2031 ...... 6,386,481.00 1,097,500.83 7,483,981.83 2032 ...... 2,791,336.00 895,525.96 3,686,861.96 2033 ...... 2,723,839.00 794,183.98 3,518,022.98 2034 ...... 2,613,839.00 693,783.56 3,307,622.56 2035 ...... 2,532,839.00 599,999.03 3,132,838.03 2036 ...... 1,882,839.00 505,649.89 2,388,488.89 2037 ...... 1,462,839.00 427,478.31 1,890,317.31 2038 ...... 1,492,839.00 365,577.98 1,858,416.98 2039 ...... 1,532,839.00 301,858.01 1,834,697.01 2040 ...... 1,272,839.00 237,115.97 1,509,954.97 2041 ...... 1,285,000.00 183,118.02 1,468,118.02 2042 ...... 760,000.00 140,783.35 900,783.35 2043 ...... 605,000.00 113,813.00 718,813.00 2044 ...... 615,000.00 89,559.40 704,559.40 2045 ...... 635,000.00 64,709.40 699,709.40 2046 ...... 645,000.00 39,263.00 684,263.00 2047 ...... 665,000.00 13,220.20 678,220.20 $356,812,823.68 $91,604,043.21 $448,416,866.89
(1) Amount is net of debt service payments of $65,233,895.63 made from January 1, 2018 to September 30, 2018. SOURCE: Erie County Comptroller’s Office
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Trends in Long-Term Direct Indebtedness
The following table sets forth the total long-term bonded indebtedness of the County outstanding at the end of each of the last ten fiscal years:
TABLE 6 Outstanding Long-Term Direct Indebtedness (As of December 31)
Fiscal Year Amount (1)
2008 ...... $444,973,366 2009 ...... 400,024,580 2010 ...... 517,297,692(2) 2011 ...... 495,117,453(2) 2012 ...... 470,779,652(2) 2013 ...... 486,580,528(2) 2014 ...... 464,816,022(2) 2015 ...... 439,660,965(2) 2016 ...... 417,738,395(2) 2017 ...... 407,789,147(2)
(1) Excludes ECMCC bond guaranty of $101,375,000 for 2008, $99,305,000 for 2009, $97,150,000 for 2010, $94,900,000 for 2011, $92,550,000 for 2012, $90,085,000 for 2013, $87,500,000 for 2014, $84,790,000 for 2015, $81,930,000 for 2016, and $78,910,000 for 2017. (2) Excludes ECFSA bonds and includes Erie County bonds sold to ECFSA. SOURCE: Erie County Comptroller’s Office
Debt Policy
It is the County’s policy to fund major capital projects through the use of long-term financing. Interim financing for projects under construction may be provided through bond anticipation notes. Minor capital projects are typically funded in current budgets.
In order to serve its citizens on a countywide basis, the County has constructed and financed a road system, libraries, parks, facilities for health and social service-related activities, and various community college facilities.
The County is also actively involved in constructing and financing sewage treatment facilities and interceptor sewer systems in districts throughout the County, but not in the cities of Buffalo and Tonawanda. The costs of operation and debt service of these facilities are borne by special assessment of the residents of each such district and revenues from contracts with other sewer systems. The County sewer systems are generally supplemented by town and village systems, which are financed, constructed and maintained on a local basis, and by facilities furnished and financed by the Buffalo Sewer Authority.
A condition precedent to the construction of any facilities to be financed by borrowing is the adoption of a bond resolution pursuant to the Local Finance Law, which requires that the County estimate the maximum amount to be expended. The period of probable usefulness must also be determined subject to the maximum periods set forth in the Local Finance Law. Notwithstanding the period set forth in a bond resolution, the County may amortize the indebtedness over a shorter period.
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Capital Projects
The following table summarizes the anticipated financing status of the County’s approved capital projects in general functional categories:
TABLE 7 Capital Projects (As of September 30, 2018)
Total Authorized & Authorization Bonds Issued Down Payments Aid Received Unissued
Buildings $67,514,116.00 $56,260,916.00 $ - $ - $11,253,200.00 ECC(1) 8,933,540.00 7,348,800.00 - - 1,584,740.00 Parks 5,849,596.00 3,075,000.00 - - 2,774,596.00 Hospital(2) 32,275,577.00 31,376,308.00 - - 899,269.00 Highways 45,330,250.00 30,062,098.00 - - 15,268,152.00 Other 5,759,477.00 5,599,429.00 - - 160,048.00 Sewer 109,768,000.00 66,071,333.00 1,357,709.00 1,179,427.00 41,159,531.00
Totals $275,430,556.00 $199,793,884.00 $1,357,709.00 $1,179,427.00 $73,099,536.00
(1) Erie Community College. (2) The agreement relating to the sale of the Erie County Medical Center Healthcare Network to the Erie County Medical Center Corporation requires the County to complete all Network capital projects established prior to December 31, 2003 (amount authorized for these projects, amount financed, and amount authorized remaining to be financed, shown in table). SOURCE: Erie County Comptroller’s Office
The County’s present estimates indicate that all projects authorized can be completed substantially within the amounts of each bond authorization. However, no assurance can be given that the actual cost will not be greater than estimated, in part because of the anticipatory nature of capital planning. For a summary of the County’s capital program, see “COUNTY FINANCES - Capital Program.”
Short-Term Indebtedness
The County is authorized to issue various types of short-term obligations, including bond anticipation notes, tax anticipation notes, revenue anticipation notes, budget notes and capital notes.
Bond Anticipation Notes (“BAN”). The County may individually finance some of its capital projects with the proceeds of BANs and renewals thereof. The County, in accordance with constitutional requirements, must periodically reduce the principal thereof to the extent required by law, from a source other than proceeds of borrowings. Statutory law in the State permits bond anticipation notes to be renewed, provided such required periodic payments are made and provided that, except with respect to notes issued for assessable improvements, such renewals do not extend five years beyond the original date of borrowing.
Tax Anticipation Notes (“TAN”). Generally, TANs may be issued by the County during a fiscal year in anticipation of the collection of unpaid real property taxes levied for such fiscal year, or for any of the four preceding fiscal years. Such notes must mature within one year from the date of their issuance. If the taxes against which such notes are issued remain uncollected, such notes may be renewed from time to time for periods of up to one year in an amount not exceeding the amount of such uncollected taxes. Such notes, including renewals, must be redeemed not later than five years from the date of original issuance, but in no event more than five years after the close of the fiscal year for which taxes were levied in anticipation of the collection of which such notes were issued. Payment of interest on such notes is provided by appropriation in the County budget. If such notes, including renewals, have not been redeemed from real property taxes within five years after the fiscal year for which the taxes were originally levied, moneys for the redemption thereof must be provided by appropriation in the County budget. The proceeds of such notes may be used for any purpose for which the tax receipts against which such notes were issued could be used.
Budget Notes. Budget notes generally may be used for the purpose of meeting expenditures for which an insufficient or no provision has been made in the County budget. In general, the maximum principal amount of budget 14
notes which may be issued in any fiscal year may not exceed approximately 5% of the County budget; however, budget notes may also be issued in unlimited amounts for certain specified purposes. Budget notes must mature not later than the close of the fiscal year following the fiscal year in which they are issued, and must be redeemed from taxes levied for the fiscal year of maturity or from other available revenues. However, if the notes are authorized subsequent to the adoption of the budget, such notes may mature not later than the end of the second fiscal year succeeding the fiscal year in which they are issued.
Capital Notes. Capital notes may be issued to finance all or part of the costs of any object or purpose for which serial bonds may be issued. They have usually been issued to provide moneys required by Section 107.00 of the Local Finance Law as the down payment in connection with the financing of a given object or purpose.
Revenue Anticipation Notes (“RANs”). RANs may be issued in any fiscal year in anticipation of the collection or receipt of taxes (other than real property taxes) and certain other types of revenue which are due and payable in such fiscal year and moneys to be received from the State or Federal government which are due in such fiscal year. Pursuant to State law, such notes must mature within one year after the date of issuance, and may be renewed from time to time for periods of up to one year; however, the maturity of such notes, including renewals, may not extend beyond the end of the second fiscal year following the fiscal year in which such notes were originally issued.
The issuance of RANs has been necessitated, in part, by the State’s practice of requiring local governments to pay 100% of the expenditures for various programs in advance, and then providing subsequent reimbursement for the non-local share.
The County, as part of its normal annual cash flow borrowing, issued $79,255,000 principal amount of RANs on September 26, 2018 with a maturity date of June 30, 2019. The RANs are general obligations of the County and were issued in anticipation of receipt of State and federal receivables for various social services programs.
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A summary of the County’s short-term borrowing for the fiscal years 2000 through 2017 is presented below:
TABLE 8 Short-Term Borrowing History (1)
Fiscal Year Amount Type Issue Date Maturity Date
2000 ...... $ - N/A N/A N/A 2001 ...... - N/A N/A N/A 2002 ...... 43,000,000 RAN 09/18/02 09/17/03 2003 ...... 90,000,000 RAN 06/24/03 06/23/04 2004 ...... 82,500,000 RAN 07/14/04 07/13/05 2005 ...... 80,000,000 RAN 03/11/05 03/10/06 2005 ...... 80,000,000 RAN 07/14/05 07/13/06 2006 ...... 110,000,000 RAN 06/13/06 06/13/07 2007 ...... 75,000,000 RAN 06/27/07 06/27/08 2008 ...... 75,000,000 RAN 09/30/08 06/30/09 2009 ...... 103,534,867 BAN (2) 05/20/09 05/18/10 2009 ...... 65,000,000 RAN 10/27/09 06/30/10 2010 ...... 45,000,000 RAN 08/12/10 06/30/11 2010 ...... 20,000,000 RAN 12/14/10 04/14/11 2011 ...... 88,000,000 RAN 10/06/11 06/29/12 2012 ...... 75,000,000 RAN 10/11/12 06/28/13 2013 ...... 109,440,000 RAN 08/27/13 06/30/14 2014 ...... 110,000,000 RAN 09/18/14 06/30/15 2015 ...... 89,560,000 RAN 12/14/15 06/30/16 2016 ...... 89,580,000 RAN 12/07/16 06/30/17 2017 ...... 111,225,000 RAN 09/28/17 06/30/18 2018 ...... 79,255,000 RAN 09/26/18 06/30/19
(1) Excludes all BANs issued and sold to the Environmental Facilities Corporation for the benefit of self-supporting sewer districts. (2) BANs may be issued in anticipation of bond proceeds to be received at a later date. On May 17, 2010, the BANs were paid by the issuance of long-term general obligation bonds by the ECFSA pursuant to an agreement entered into by the parties.
SOURCE: Erie County Comptroller’s Office
Estimated Overlapping Debt
The following table of total and net indebtedness of the various political subdivisions within the County has been compiled from the latest outstanding debt information available from the New York State Office of the State Comptroller for all subdivisions. Such indebtedness is not a debt of the County and the County is not liable therefor. Exclusions for municipalities consist of items legally excluded in the determination of net indebtedness by such municipalities (water and excluded sewer debt, tax and revenue anticipation notes, etc.), and estimated State building aid for school districts.
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TABLE 9 Overlapping Debt (000s omitted)
Fiscal Year Net Debt Estimated Percentage Estimated Share of Governmental Unit Ended Outstanding Applicable Overlapping Debt
Cities ...... 06/30/16 $ 375,377 100% $ 375,377 Towns ...... 12/31/16 477,085 100% 477,085 Villages ...... 05/31/16 77,998 100% 77,998 School districts ...... 06/30/16 1,719,345 100% 1,719,345 Fire districts ...... 12/31/16 11,455 100% 11,455
Totals ...... $ 2,661,260 $ 2,661,260
SOURCE: New York State Office of the State Comptroller – Latest available data
PROVISIONS AFFECTING RIGHTS AND REMEDIES
Under current law, provision is made for contract creditors of the County to enforce payments upon such contracts, if necessary, through court action, although the present statute limits interest on the amount adjudged due to creditors to nine per centum per annum from the date due to the date of payment. As a general rule, property and funds of a municipal corporation serving the public welfare and interest have not been judicially subjected to execution or attachment to satisfy a judgment, although judicial mandates have been issued to officials to appropriate and pay judgments out of current funds or the proceeds of a tax levy.
The Constitution of the State requires that every county, city, town, village, and school district in the State provide annually by appropriation for payment of all interest and principal on its serial bonds and certain other obligations, and that, if at any time the respective appropriating authorities shall fail to make such appropriations, a sufficient sum shall be set apart from the first revenues thereafter received and shall be applied to such purposes. The Constitution of the State also provides that the fiscal officer of any county, city, town, village or school district may be required to set apart and apply such revenues at the suit of any holder of any such obligations.
The State has consented that any municipality in the State may file a petition with any United States District Court or court of bankruptcy under any provision of the laws of the United States, now or hereafter in effect, for the composition or adjustment of municipal indebtedness. However, pursuant to the Erie County Fiscal Stability Authority Act, notwithstanding any provision to the contrary in title six-A of Article Two of the Local Finance Law, the County shall not file any petition authorized by such title six-A without the approval of the Erie County Fiscal Stability Authority and the State Comptroller (see “COUNTY FINANCES—Erie County Fiscal Stability Authority Act” herein). Subject to such approvals, under the United States Constitution, Congress has jurisdiction over such matters and has enacted amendments to the existing federal bankruptcy statute, generally to the effect and with the purpose of affording municipal corporations, under certain circumstances, with easier access to judicially approved adjustment of debts including judicial control over identifiable and unidentifiable creditors.
In recent times, certain events and legislation affecting remedies on default have resulted in litigation. While courts of final jurisdiction have upheld and sustained the rights of bondholders and noteholders, such courts might hold that future events, including financial crises as they may occur in the State and in municipalities of the State, require the exercise by the State of its emergency and police powers to assure the continuation of essential public services.
No principal or interest payment relating to any County indebtedness is past due. The County has never defaulted in the payment of the principal of or interest on any indebtedness.
COUNTY GOVERNMENT
General. The County is a municipal corporation of the State. With a 2010 population of 919,040 according to the U.S. Census Bureau, it is one of the State’s most populous counties. It has a land area of 1,058 square miles and is situated in Western New York, bounded on the west by Lake Erie and Canada, to the north by Niagara County, to the 17
east by Genesee County and Wyoming County, and to the south by Cattaraugus and Chautauqua Counties. The County includes the State’s second largest city by population, Buffalo, as well as the cities of Lackawanna and Tonawanda and 25 towns. The County has numerous established residential areas, and its largest taxpayers include National Grid Power Corporation, National Fuel Gas Corporation, NY State Electric and Gas Corporation, Benderson Development Company, Inc. and Verizon New York, Inc. The County includes major urbanized and industrial areas, as well as farmlands.
The County provides a variety of general governmental services, which supplement local city, town and village services. These include parks, cultural and recreational facilities, police, libraries, youth and senior citizen services, and correctional facilities. The County is responsible for providing mandated social service programs. The County also owns and operates a community college. It provides sanitary sewage collection, treatment and disposal facilities through a variety of special assessment districts.
Subject to the State Constitution, the County operates pursuant to the County Charter and Administrative Code, and in accordance with other laws governing the County generally, to the extent that such laws are applicable to counties operating under a charter form of government. The Charter was enacted by local law and approved by the electors at a general election held in November of 1959. The Administrative Code was enacted into local law in 1960, and became effective in 1961. The Charter and Administrative Code have been amended from time to time since enactment. Pursuant to the ECFSA Act, the State currently is not controlling and supervising the financial affairs of the County and certain “Covered Organizations” (as defined in the ECFSA Act) affiliated with the County. ECFSA entered an advisory period on June 2, 2009 and has remained in an advisory period since that time. (See “COUNTY FINANCES – Four- Year Financial Plan” and “ERIE COUNTY FISCAL STABILITY AUTHORITY” herein.)
County Legislature. The legislative power of the County is vested in a County Legislature. Its members are elected for two-year terms by the voters in their respective legislative districts. The Legislature meets at both regular and special meetings throughout the year. The Legislature reviews, approves modifications and adopts the annual County budget, levies taxes, authorizes the incurrence of all indebtedness of the County, and exercises all powers of local legislation in relation to enacting, amending, repealing or rescinding local laws, legalizing acts, ordinances, or resolutions subject to veto by the County Executive.
Both the number of members and boundaries of legislative districts may be varied from time to time in accordance with requirements of the Federal and State Constitutions or by Charter amendment. There are currently 11 legislative districts, and an equal number of members of the County Legislature.
County Executive. The County Executive is elected from the County at large every four years in the year preceding the presidential election. The County Executive must be a resident of the County at the time of the election and during the term of office. The Office of County Executive is considered a full time position, and the incumbent may hold no other public office. In addition to acting as the chief executive officer and administrative head of the County government, the County Executive acts as the chief budget officer of the County. Certain actions, including supplemental or emergency appropriations of the County Legislature, cannot take effect unless approved by the County Executive. The current County Executive is Mark C. Poloncarz.
County Comptroller. The County Comptroller, who is elected from the County at large for a four-year term, is the chief fiscal, accounting, reporting and auditing officer of the County. The Comptroller is charged with the administration of the financial affairs of the County, maintaining total and complete accounting records for all receipts, investments and disbursements, including liabilities, fund balances, encumbrances, expenditures, appropriations and revenues, certifying the availability of funds, prescribing approved methods of accounting, and auditing all affairs of the County, including financial, compliance and management audits. The current County Comptroller is Stefan I. Mychajliw.
Audit Committee. Effective January 1, 1986, the Audit Committee for Erie County was established. This Committee is comprised of three community representatives and two members of the County Legislature. This Committee is currently responsible for the preparation of requests for proposals for the annual audits of the County and Erie Community College; the evaluation of responses; and making recommendations to the County Legislature for the selection of independent accounting firms. The Audit Committee is also required to prepare an annual report for the County Executive and County Legislature based on its review of audited financial statements and management letters.
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RELATED ENTITIES
Following is information relative to certain entities that have significant financial relationships with the County:
Niagara Frontier Transportation Authority
The Niagara Frontier Transportation Authority (“NFTA”) was created in 1967 as a public benefit corporation under the Public Authorities Law of the State. The NFTA is responsible for all public transportation systems in Erie and Niagara Counties. Its Board consists of a chairman and 10 other members appointed by the Governor with the advice and consent of the State Senate. Of the 10 members other than the Chairman, one is appointed upon the written recommendation of the County Executive, and one is appointed upon the written recommendation of the County Legislature.
With respect to surface transportation, NFTA Metro operates a 6.4-mile light rail rapid transit (“LRRT”) between downtown Buffalo and the South Campus of the State University of New York at Buffalo. Full operation of the LRRT commenced in 1986. NFTA Metro’s surface operations also include 332 buses, 35 vans and 4 trolley-buses, with a ridership of approximately 94,000 people per day.
NFTA also owns and operates Buffalo Niagara International Airport (“BNIA”), which is NFTA’s second largest business center and serves more than 5 million passengers each year, and the Niagara Falls International Airport (“NFIA”), which serves as an air charter airport for the area, a general aviation airport, and a military base and home station for units of both the United States Air Force Reserve and the New York State Air National Guard.
In accordance with Section 18-b of the Transportation Law of the State, Erie and Niagara Counties are required to match annual appropriations made by the State for transit operating assistance to the NFTA. The County’s matching share for 2017 is $3,657,200, which is 89.2% of the State appropriation. The County’s 2017 budget provides for an additional appropriation of $19,912,678 for NFTA operating assistance. This amount is equal to approximately 4.17% of the amount collected in the County from the imposition of sales tax at the rate of 3%, as required by Chapter 70 of the Laws of 1990.
New York Power Authority (Settlement)
In 2006, the New York Power Authority under the Niagara Power Project Relicensing process formally approved a $279 million, 50-year settlement that will see the bulk of the funds allocated towards waterfront development efforts in both Erie and Niagara Counties.
The settlement includes a $3.5 million annual payment to the Erie Canal Harbor Development Corporation (“ECHDC”) for 50 years to help facilitate waterfront development in Buffalo. The Erie County Greenway Fund also will receive $2 million annually for 50 years to create and remediate waterfront parkland in both the County and Niagara County. Furthermore, another 14 acres of prime waterfront land has been reclaimed and is currently used to store the ice boom across the Niagara River.
ECHDC has undertaken a number of waterfront redevelopment projects including the completion of the $53 million Erie Canal Harbor Redevelopment Project, which revitalized 12.5 acres of idle waterfront space into a contemporary downtown tourist destination. Additionally, development has begun on the Canalside project, which is currently slated to include more than $294 million in public and private investments. The project consists of over 1 million square feet of commercial (retail, lodging, and office), cultural, and residential space along the Buffalo waterfront. ECHDC has contracted with Global Spectrum, one of the world’s largest venue management companies, to manage Canalside. It has also contracted with two architectural firms to develop plans for the South Aud Block that is south of Canalside.
Recently, approximately 350 acres of waterfront land was transferred from the Niagara Frontier Transportation Authority to ECHDC, whose mission and resources will better enable it to support and expedite the land’s redevelopment. Approximately 190 acres of the transferred Outer Harbor land, including a small boat marina and a beach, form the new Buffalo Harbor State Park, the first State park in the City of Buffalo under the State Office of Parks, Recreation and Historic Preservation. Planning for the remaining, adjacent land is not completed, but the land will ultimately feature mixed-use waterfront development under guiding principles established for the project by an advisory committee.
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Finally, focus has been placed on reestablishing access between the inner and outer harbor areas, which has led to the Buffalo Harbor Bridge Study. This study is being funding through a partnership between the Federal Highway Administration, the State Department of Transportation and Empire State Development.
Buffalo Sewer Authority
Sewer service is provided in the City of Buffalo by the Buffalo Sewer Authority, a public benefit corporation, which finances its operations by charging sewer rent to properties served that is comprised of a component based on water consumption and a component based on the property’s assessed value, and by revenues from service contracts with County, town and village sewer districts for the use of its treatment plant and major interceptor lines.
Buffalo Niagara Convention Center
The County constructed and owns a convention center in downtown Buffalo (the “Convention Center” or the “Facility”). The City of Buffalo historically operated and maintained the Facility. In 1996, the City of Buffalo and the County entered into an intermunicipal agreement, pursuant to which the County assumed responsibility for the operation, management and control of the Facility. The County has contracted with a not-for-profit management corporation to operate and manage the Convention Center. The County completed a $7.0 million renovation to the Convention Center in 2010 and annually provides capital improvements at the facility.
A hotel room occupancy tax enacted in December 1975, and increased from 2% to 5% in 1987, is producing revenue for the benefit of the Convention Center, and for promotion of tourism in the County. The tax has been sufficient in recent years to meet all of the County’s debt service requirements on obligations issued to finance the Convention Center and on obligations issued to fund the County’s contribution to the KeyBank Center project.
KeyBank Center
The KeyBank Center is a state-of-the-art community entertainment center in the City of Buffalo, which accommodates the National Hockey League franchise Buffalo Sabres, as well as basketball, indoor lacrosse, concerts, family shows and other events. The Center seats approximately 19,400 for hockey, 21,000 for basketball and up to 21,500 for concerts with 80 private suites and 2,500 premium seats, a premium seat club, sports bar, restaurant, concession facilities and sports shop. The KeyBank Center is located at Main Street and South Park Avenue in the City of Buffalo and was constructed on a site owned by the Buffalo Urban Renewal Agency pursuant to Chapter 652 of the Laws of 1993 and a municipal cooperation agreement by and between the City and the County pursuant to Article 5-g of the General Municipal Law.
Erie Community College
The Erie Community College, formerly the Erie County Technical Institute, a unit of the State University of New York, first offered classes in 1946. This two-year institution offers more than 100 programs of study leading to associate degrees in arts, science, applied science and occupational studies, and to one-year certificates. Erie Community College reported an enrollment of approximately 10,520 full-time equivalent students for its 2016-2017 academic years.
Capital costs are shared by the County and the State; operating costs are financed by student tuition and fees, State aid, and contributions from the County based on a State-mandated formula which is subject to annual adjustment.
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The contributions of the County to support the operations of the Erie Community College for the last four fiscal years and budgeted contributions for the current fiscal year, and the percentage of the Erie Community College actual operating expenditures represented by such contributions, are detailed below:
Community College Fiscal Year Ending August 31, Erie County Amount Contribution Percent
2014 ...... $ 15,629,317 11.86% 2015 ...... 15,754,317 12.22% 2016 ...... 16,254,317 11.70% 2017 ...... 16,254,317 12.09% 2018 ...... 16,754,317 NA
SOURCES: 2014 - 2016 Erie Community College Audited Financial Statements 2018 - County of Erie Adopted Budget
New Era Field
New Era Field (the “Stadium”) in Orchard Park, owned by the County, is the home of the Buffalo Bills football team. The team participates in the National Football League.
The County, the State and the Buffalo Bills executed a lease in 2013 under which the Bills will continue to play nearly all home games at the Stadium through July 30, 2023. The Bills have the right to terminate the lease during the seventh year of the lease with a termination fee of $28,363,500. A total of $130,000,000 in capital has been invested in the Stadium, of which the State paid $53,891,000, the County $40,654,000, and the Buffalo Bills $35,455,000. All work was completed for the opening of the 2015 season. The lease contains a binding non-relocation agreement secured by right of specific performance backed by $400,000,000 in liquidated damages. The Buffalo Bills will make annual rent payments of $800,000, increasing annually by the Consumer Price Index (“CPI”), to be dedicated to a capital improvement fund. Annual capital payments shared by the County and State started at $3,800,000 in 2013, increase annually by the CPI, and can be diverted to a new stadium fund at the option of the County and State.
Working capital payments are shared by the County and State, starting at $3,000,000 in 2013 and increasing annually with CPI. Game day expenses are shared by the County and State, starting at $1,818,000 in 2013 and increasing annually with CPI. Operating expenses are shared by the County and State, starting at $2,913,000 in 2013 and increasing annually with CPI. The Buffalo Bills retain naming rights for the Stadium.
A New Stadium Advisory Group consisting of 21 members has been formed to explore potential for construction of a new stadium at the current site of the Stadium or at a new site within the County. The County, the State and the Buffalo Bills each appointed seven members of the New Stadium Advisory Group. The State is paying for a study now under way by the group. Beginning in the sixth year of the lease, up to one half of the capital improvement fund can be used to conduct studies related to a new stadium location, design and development. Approximately $2,216,000 will be available in 2018, with a total of $11,796,000 at the end of the lease term.
Erie County Industrial Development Agency
The County coordinates its economic development through the Erie County Industrial Development Agency (“ECIDA”). This public benefit corporation is a multi-faceted development organization designed to foster economic prosperity in the County through the retention, attraction and expansion of commerce and industry. The ECIDA is the focal point of efforts to encourage new capital investment and generate greater employment activities.
The ECIDA approved 27 tax incentive projects in 2017 generating $280 million in private investment in Erie County. Nine businesses, including two non-profit organizations borrowed $60.2 million in loans. In total ECIDA incentives are anticipated to create 443 new jobs and retain 2,277 jobs at average salaries of $41,024 and $52,128 respectively.
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Erie Tobacco Asset Securitization Corporation
In 2000, the Erie Tobacco Asset Securitization Corporation (“ETASC”) issued $246,325,000 of Tobacco Settlement Asset Backed Bonds, Series 2000 pursuant to an indenture dated as of September 1, 2000 (the “Indenture”). The net proceeds of the Series 2000 Bonds were used to purchase from the County all of the County’s right, title and interest to Tobacco Settlement Revenues (“TSR”) to which the County would otherwise be entitled under the Master Settlement Agreement (“MSA”) and Consent Decree and Final Judgment (the “Decree”).
On August 15, 2005, ETASC issued $318,834,680 in Tobacco Settlement Asset-Backed Bonds with interest rates ranging from 5.0% to 6.75% to advance refund $239,060,000 of outstanding Series 2000 Tobacco Settlement Asset-Backed bonds bearing interest rates ranging from 5.0% to 6.5% originally issued in 2000. The net proceeds amounted to $305,330,026 after original issuance discount and payment of $13,504,654 for underwriting fees, insurance, and other issuance costs, of which $267,037,311 was used to fund an irrevocable trust to defease the remaining original bonds. This transaction enabled the ETASC to release $55,231,709 in previously restricted funds for debt service and trapping events to the County.
On September 15, 2005, ETASC entered into an agreement with the bondholders to replace the government securities in the irrevocable trust with government agency securities. This transaction generated a savings of $2,802,806. Of this, $1,331,893 was transferred to the County and the remainder less costs of sale was paid to the bondholders for their concessions. In 2010, the outstanding Series 2000 Tobacco Settlement Asset-Backed bonds were redeemed prior to maturity and the balance in the irrevocable trust was applied to pay the applicable redemption price and accrued interest to the date of redemption.
On January 5, 2006, ETASC issued $17,694,720 of Tobacco Settlement Asset-Backed Bonds, Series 2006A with an interest rate of 7.65%. ETASC entered into a purchase and sale agreement with the County on January 1, 2006, in which ETASC purchased the County’s sole undivided beneficial interest in and to the trust established by ETASC pursuant to the Declaration and Agreement of Trust dated September 1, 2000 between ETASC and the Wilmington Trust Company (“2000 Residual Trust”), in its capacity as trustee, including the County’s right to receive residual tobacco settlement revenues payable to the County, as sole beneficiary of the 2000 Residual Trust. The net proceeds of $15,638,465 were transferred to the County.
The payment of the Series 2005 and Series 2006 Bonds is dependent on the receipt of TSRs. The amount of TSRs actually collected is dependent on many factors including cigarette consumption and the continued operations of the participating cigarette manufacturers in the MSA. Such bonds are secured by and payable solely from TSRs and investment earnings pledged under the Indenture and amounts established and held in accordance with the Indenture. ETASC has no financial assets other than the collections and reserves and amounts held in the other funds and accounts established under the Indenture.
ETASC has covenanted to apply 100% of all surplus revenues (defined as revenues which are in excess of Indenture requirements for the funding of operating expenses and deposits in the Debt Service account maintained for the funding of interest, principal and other items) to the special mandatory par redemption (“Turbo Redemptions”) of Series 2005 Bonds in order of their maturity dates, beginning June 1, 2006.
ETASC meets the criteria of a component unit as defined in Governmental Accounting Standards Board Statement No. 14, The Financial Reporting Entity, and has been included as such in the County’s financial statements.
Erie County Medical Center Corporation
Erie County Medical Center Corporation (“ECMCC”) is a public benefit corporation created by Chapter 143 of the Laws of 2003 (the “Act”) with the intention of securing a form of governance for the Erie County Medical Center Healthcare Network (the “Network”) that would allow it to become more competitive and reduce the amount of taxpayer support while continuing its service to both area and State residents, including persons who lack the ability to pay. The Act provides ECMCC the power to acquire and operate the Network and to issue bonds and notes to finance the cost of providing such facilities. In addition, both the Act and Article XVII of the State Constitution authorize the County to guarantee payment of financial obligations incurred by ECMCC.
The County entered into a Sale, Purchase and Operation Agreement (“SPOA”) effective January 1, 2004 with ECMCC whereby ECMCC purchased certain assets of the Network and leased certain related real property. ECMCC issued an $85,000,000 revenue bond on January 28, 2004 to temporarily finance such purchase (the “Initial ECMCC 22
Note”). The net sale price for the purchased Network assets was $83,642,956, of which $61,675,181.48 was paid directly to the County, while the remaining $21,967,774.52 was used to establish a reserve for the purpose of retiring all County bonds outstanding as of December 31, 2003 that were used to finance Network projects.
The SPOA required the County to continue to provide an annual operating contribution to ECMCC which in any year shall never be less than the annual debt service on the Erie County-Guaranteed Senior Revenue Bonds, Series 2004 (the “2004 ECMCC Bonds”), issued by ECMCC on August 19, 2004 in the original aggregate principal amount of $101,375,000 to repay the Initial ECMCC Note, to fund a debt service reserve, and to pay costs of issuance. ECMCC is responsible for paying debt service on the 2004 ECMCC Bonds, but the County unconditionally guaranteed such payment obligations.
The County and ECMCC entered into a new agreement as of December 31, 2009 (the “2009 Agreement”) clarifying the County’s financial obligations to ECMCC under the SPOA. Under the 2009 Agreement, the County is required to provide ECMCC with an annual operating subsidy of $16,200,000 or to make certain Medicaid-related disproportionate share and upper payment limit payments, whichever is higher, in perpetuity. The terms of the 2009 Agreement did not alter the County’s unconditional guaranty of the 2004 ECMCC Bonds. The centerpiece of the 2009 Agreement involved building a replacement for the then current Erie County Home in Alden, New York. The new facility was completed on ECMCC’s Grider Street Campus at a cost of approximately $105 million and replaced the outdated buildings (the “ECMCC Improvement Project”). Pursuant to the 2009 Agreement, the County contributed $11.5 million of its current funds to finance in part the costs of the ECMCC Improvement Project. To finance the balance of such costs, on August 11, 2011: (i) the County borrowed from the Erie County Fiscal Stability Authority (“ECFSA”) the proceeds of ECFSA’s Sales Tax and State Aid Secured Bonds, Series 2011C (the “2011C ECFSA Bonds”), which amounted to $96,864,413 including original issue premium, (ii) the County loaned $96,864,413 to ECMCC (the “2011 County Loan”), and (iii) pursuant to a loan agreement with the County, ECMCC delivered to the County its Senior Revenue Bond, Series 2011 (the “2011 ECMCC Bond”) to secure repayment of such loan. The amounts due to be paid by ECMCC from time to time on the 2011 ECMCC Bond are scheduled to be at least sufficient to fund the County’s obligation to repay ECFSA for its loan of the 2011C ECFSA Bonds proceeds. (See “ERIE COUNTY FISCAL STABILITY AUTHORITY” herein).
In order to balance the growing Intergovernmental Transfer (“IGT”) expense, the County and ECMCC have in the past utilized various credit mechanisms approved by the County Legislature and ECMCC Board of Directors. In 2012, the County and ECMCC reached an agreement on IGT expenses and a credit mechanism in which the County agreed to provide ECMCC $2 million per year for fourteen years, starting in 2015. That credit mechanism was utilized by the County to address IGT costs between 2012 and 2015 and the credit was exhausted in 2015.
In order to continue balancing IGT expense, the County Executive and ECMCC agreed upon a transaction in 2017 as follows: At ECMCC’s request, the County has (i) provided a project loan to ECMCC in a principal amount of $99,492,034 to finance construction of a new emergency department and other major capital improvements at the ECMCC campus (the “2017 Project Loan”), and (ii) provided a loan of $74,366,859 to refinance the 2011 County Loan (the “2017 Refinancing Loan”). The County and ECMCC have agreed that the effective interest rate on the 2017 Project Loan and the 2017 Refinancing Loan is the rate that the ECMCC would have paid on its stand-alone credit rating, without considering the more favorable cost of funds that could be achieved by borrowing from the County (the “baseline rate”). However, the County borrowed from the ECFSA the amount needed to fund the 2017 Project Loan and the 2017 Refinancing Loan at a lower rate than the baseline rate and loaned such amount to the ECMCC at the County’s borrowing cost. Accordingly, the ECMCC agreed to pay points in the amount of $17,040,000 to the County reflecting the aggregate additional savings to the ECMCC under the 2017 Project Loan and the 2017 Refinancing Loan.
By resolution adopted March 23, 2017, the County Legislature authorized (i) County borrowing from the ECFSA to finance the 2017 Project Loan, from the proceeds of an issue of ECFSA’s Sales Tax and State Aid Secured Bonds (“2017D ECFSA Bonds”). Pursuant to a loan agreement with the County (the “2017 Loan Agreement”), ECMCC has (i) delivered to the County on September 14, 2017 its Senior Revenue Bond, Series 2017A in the principal amount of $99,492,034.29 (the “2017A ECMCC Bond”), to secure the repayment of the 2017 Project Loan, and (ii) assumed the County’s obligation to repay the capitalized interest portion of the 2017D ECFSA Bonds in the principal amount of $8,281,141.41. The amounts due to be paid by ECMCC from time to time on the 2017A ECMCC Bond and its assumption of capitalized interest obligations are scheduled to be at least sufficient to fund the County’s obligation to repay ECFSA for its loan of the 2017D ECFSA Bonds proceeds. (See “ERIE COUNTY FISCAL STABILITY AUTHORITY” herein).
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The 2017 Refinancing Loan by the County to ECMCC was financed through (i) County borrowing of proceeds of an issue of ECFSA’s Sales Tax and State Aid Secured Bonds (“2017C ECFSA Bonds”), the proceeds of which were used to defease the 2011C ECFSA Bonds and cancel the 2011 ECMCC Bond. Pursuant to the 2017 Loan Agreement, ECMCC has delivered to the County on September 14, 2017 its Senior Revenue Bond, Series 2017B in the principal amount of $74,366,859.10 (the “2017B ECMCC Bond”), to secure the repayment of the 2017 Refinancing Loan. The amounts due to be paid by ECMCC from time to time on the 2017B ECMCC Bond are scheduled to be at least sufficient to fund the County’s obligation to repay ECFSA for its loan of the 2017C ECFSA Bonds proceeds. (See “ERIE COUNTY FISCAL STABILITY AUTHORITY” herein).
After issuance of the 2017A and 2017B ECMCC Bonds on September 14, 2017 as discussed above, the County owns $174,859,000 of ECMCC’s outstanding debt and guarantees $81,930,000 of ECMCC’s outstanding debt.
ECMCC meets the criteria of a component unit as defined by the Governmental Accounting Standards Board and has been included as such in the County’s financial statements beginning with the year ending December 31, 2004.
ERIE COUNTY FISCAL STABILITY AUTHORITY
Purpose and Operations
The ECFSA is a corporate governmental agency and instrumentality of the State constituting a public benefit corporation created by the ECFSA Act in July 2005 with a broad range of financial control and oversight powers, including the power to issue its bonds and notes for various County purposes, including the restructuring of a portion of the County’s outstanding debt. Pursuant to the ECFSA Act, ECFSA bonds and notes are payable from revenues of ECFSA, which are primarily derived from (i) County Sales Tax Revenues, which consist of the County’s share of the sales and compensating use taxes imposed by and within the County (the “Local Sales Tax”) and (ii) State Aid Revenues, which consist of any aid appropriated by the State as local government assistance for the benefit of the County (“State Aid”) and required by the Act to be paid to ECFSA. ECFSA bonds and notes are not a debt of the County.
The ECFSA shall continue in existence until its oversight, control or other responsibilities and its liabilities, which include the payment of ECFSA bonds and notes, have been met or discharged, which in no event may be later than December 31, 2039. In addition, the ECFSA has certain powers under the ECFSA Act to control, oversee and monitor the County’s finances, including Covered Organizations. During a “control period,” the ECFSA possesses significantly expanded oversight authority, all as more fully described below under “ECFSA Financial Control and Oversight Functions.”
The ECFSA is not authorized by State law to file a petition in bankruptcy. In addition, under the ECFSA Act, the County and the Covered Organizations are prohibited from filing any petition with any United States district court or court of bankruptcy for the composition or adjustment of municipal indebtedness without the approval of the ECFSA and the State Comptroller, and no such petition may be filed while ECFSA bonds or notes remain outstanding.
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Directors and Management The ECFSA is governed by a board of seven directors, who are appointed by the Governor of the State. Of the seven directors appointed, four are appointed directly by the Governor, and of the other three one is appointed following the recommendation of the State Comptroller, one is appointed on the recommendation of the Temporary President of the Senate, one is appointed on the recommendation of the Speaker of the Assembly; these members are required to be residents of the County. The Governor designates the Chairperson and Vice Chair from among the directors. Four directors constitute a quorum. Directors
James M. Sampson, Director, Chairperson. Peter S. Marlette, Director, Vice Chairperson. Barry A. Weinstein, Director. Catherine Creighton, Director. Oliver C. Young, Esq, Director. Craig E. Speers, Director.
VACANT, Director.
Officers
The following is a brief description of the principal officer of the ECFSA:
Kenneth Vetter, Executive Director. Mr. Vetter is a former Director of Budget and Management for the County. Mr. Vetter’s previous positions have included senior budget analyst for the County and six years with the Buffalo Regional Chamber of Commerce (Buffalo Niagara Partnership and the Greater Buffalo Development Foundation).
Financing Agreement
In accordance with the provisions of the ECFSA Act, the ECFSA and the County have entered into a Financing Agreement, dated as of May 1, 2009, a First Amendment to Financing Agreement dated as of May 1, 2010, and a Loan Agreement dated as of August 1, 2011, providing for, among other things, the issuance of bonds and notes by the ECFSA to finance various County purposes authorized under the ECFSA Act. ECFSA bonds and notes are not a debt of the County.
ECFSA Monitoring and Control Functions
The ECFSA Act provides that the ECFSA shall have different financial control and oversight powers depending upon whether the County’s financial condition causes it to be in a “control period” or an “advisory period.” Under the ECFSA Act, the ECFSA began its existence during a County advisory period, which means that the ECFSA commenced operation with the power to review the operation, management, efficiency and productivity of County operations and of any Covered Organization’s operations, and to make reports and recommendations thereon; to consult with the County in the preparation of the budget of the County and to comment on the budget; to audit compliance with the County’s financial plans; to review and comment on the terms of any proposed borrowing, including the prudence of each proposed issuance of bonds or notes by the County; to assess the impact of any collective bargaining agreement to be entered into by the County; and to impose a control period upon making one of the statutory findings.
After an advisory period has been established, a control period could be re-imposed on the County upon a determination by the ECFSA that a fiscal crisis is imminent or that any of the following events has occurred or that there is a substantial likelihood and imminence of its occurrence: (a) the County shall have failed to adopt a balanced budget, financial plan or budget modification as required by Sections 3956 and 3857 of the ECFSA Act; (b) the County shall have failed to pay the principal of or interest on any of its bonds or notes when due; (c) the County shall have incurred an operating deficit of one percent or more in the aggregate results of operations of any major fund of the County or a Covered Organization during its fiscal year assuming all revenues and expenditures are reported in accordance with generally accepted accounting principles, subject to the provisions of the ECFSA Act; (d) the County Comptroller’s certification at any time, at the request of the ECFSA or on the Comptroller’s initiative, which certification shall be made 25
from time to time as promptly as circumstances warrant and reported to the ECFSA, that on the basis of facts existing at such time such officer could not make the certification described in subdivision one of Section 3951 of the ECFSA Act; or (e) the County shall have violated any provision of the ECFSA Act.
Under a control period, the ECFSA has the maximum authorized complement of financial control and oversight powers, and is empowered, among other things, (i) to approve or disapprove contracts, including collective bargaining agreements to be entered into by the County or any Covered Organization, binding or purporting to bind the County or any Covered Organization; (ii) to approve or disapprove the terms of borrowings by the County and Covered Organizations; (iii) to approve, disapprove or modify the County’s financial plans and take any action necessary in order to implement the financial plan should the County or any Covered Organization fail to comply with any material action necessary to fulfill the plan, including issuing binding orders to the appropriate local officials; (iv) to set a maximum level of spending for any proposed budget of any Covered Organization; (v) to impose a wage or hiring freeze, or both, with respect to employees of the County or any Covered Organization; (vi) to review the operation, management, efficiency and productivity of the County and any Covered Organization; (vii) to review and approve or disapprove the terms of any proposed settlement of claims against the County or any Covered Organization in excess of $50,000; and (viii) to terminate the control period upon finding that no condition exists which would permit imposition of a control period.
ECFSA Oversight Actions To-Date
The ECFSA came into existence on July 12, 2005, following a report by the State Comptroller that projected an estimated $118.4 million County General Fund gap in the 2005 fiscal year, and gaps of $131.2 million in FY 2006, and $178.2 million in 2007, in addition to several consecutive bond rating downgrades by Moody’s Investors Service and Fitch Ratings of the County’s long-term credit rating. Since its creation, a chronology of the most significant oversight actions taken by the ECFSA is as follows:
On October 6, 2005, the ECFSA disapproved the County’s initial four-year Financial Plan for the 2006-2009 period but approved a revised version of the County’s four-year Financial Plan on January 17, 2006. On July 26, 2006, following a review of the County’s four-year financial plan and expressing concern that many initiatives included in the plan were not being implemented, the ECFSA required the County to update and modify its four-year financial plan and resubmit the plan for approval by the ECFSA by August 22, 2006. On September 6, 2006, following a review of the revised four-year financial plan and expressing concern that the four-year plan was becoming unbalanced in future years, the ECFSA rejected the County’s submission and required a resubmission of this plan by October 16, 2006. On November 3, 2006, following a review of the County’s proposed fiscal 2007 budget (as submitted on October 18, 2006) and four-year financial plan for the period 2007-2010, the ECFSA rejected the County’s submission, stating that the 2007 budget was structurally imbalanced and the 2007-2010 plan did not contain actions sufficient to ensure that with respect to the major operating funds, that annual aggregate operating expenses did not exceed annual aggregate operating revenues in each fiscal year, and imposed a control period upon the County. Also on November 3, 2006, the ECFSA adopted a resolution mandating a hiring freeze applicable to all employees of the County, effective immediately, and adopted a second resolution requiring that any contract, settlement or other obligation that binds or purports to bind the County or any Covered Organization with a value of $50,000 and above shall be reviewed and approved by the ECFSA before it takes effect. Additionally, the resolution required the County to submit for ECFSA review, all collective bargaining agreements, memoranda of understanding, and negotiated settlements to grievances prior to the next regularly scheduled ECFSA meeting.
On October 15, 2007, the County submitted a revised four-year plan in conjunction with its 2008 executive recommended budget. At its November 3, 2007 meeting, the ECFSA voted to continue in a control period, citing that the County’s 2008-2011 plan did not “contain actions sufficient to ensure with respect to major operating funds for each fiscal year of the plan that annual aggregate operating expenses for such fiscal year shall not exceed annual aggregate operating revenues for such fiscal year.”
On December 21, 2007, the County submitted budget amendments and a revised four-year plan in conjunction with the 2008 legislative adopted budget. At its January 4, 2008 meeting, the ECFSA reasserted its control status based on the same methodology and reasoning indicated in the previous submission.
On October 1, 2008, the County submitted a revised four-year plan to ECFSA, and the ECFSA rejected said revised four-year plan on October 15, 2008.
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On October 15, 2008, the County Executive submitted to the ECFSA his proposed budget for the 2009 fiscal year, and a four-year financial plan for fiscal years 2009-2012 (the “2009-2012 Plan”). On November 3, 2008, having reviewed the 2009-2012 Plan, the ECFSA adopted a resolution rejecting the 2009-2012 Plan on the grounds that it did not “contain actions sufficient to ensure with respect to the major operating funds for each fiscal year of the plan that annual operating expenses for such fiscal year shall not exceed annual aggregate operating revenues for such fiscal year.”
On June 2, 2009, the members of the ECFSA’s Board of Directors reviewed the revised 2009-2012 Plan submitted on May 27, 2009 and determined that it contained actions sufficient to ensure with respect to the major operating funds for each fiscal year of the plan – including budget year 2009 and out-years 2010 through 2012 – that annual aggregate operating expenses for such fiscal year shall not exceed annual aggregate operating revenues for each fiscal year and determined that the Plan was complete and otherwise complied with the requirements of Section 3957 of the ECFSA Act and Public Authorities Law Section 3959(1) which requires the ECFSA to terminate the control period when “it determines that none of the conditions which would permit the ECFSA to impose a control period exist.”
The ECFSA found that the revised 2009-2012 Plan was complete and otherwise complied with the requirements of Section 3957 of the ECFSA Act, and that by virtue of its submission of the revised 2009-2012 Plan to the ECFSA, the County was no longer in violation of Section 3957, and the ECFSA terminated the control period first imposed upon the County on November 3, 2006.
The ECFSA immediately reverted to an advisory period, as described by Public Authorities Law Section 3958. The ECFSA may re-impose the control period upon the County whenever the ECFSA determines that any one of the five circumstances listed in Public Authorities Law Section 3959(1)(a) through 3959(1)(e) shall have arisen.
On February 12, 2010, the ECFSA accepted the County’s 2010-2013 Plan and voted to remain in advisory status, as described by Public Authorities Law section 3958.
On June 13, 2011, the ECFSA accepted the County’s 2011-2014 Plan and voted to remain in advisory status, as described by Public Authorities Law section 3958.
On April 16, 2012, the ECFSA accepted the County’s revised 2012-2015 Plan and voted to remain in advisory status, as described by Public Authorities Law section 3958.
On February 19, 2013, the ECFSA accepted the County’s revised 2013-2016 Plan and voted to remain in advisory status, as described by Public Authorities Law section 3958.
On December 19, 2013, the ECFSA accepted the County’s revised 2014-2017 Plan and voted to remain in advisory status, as described by Public Authorities Law section 3958.
On December 23, 2014, the ECFSA accepted the County’s revised 2015-2018 Plan and voted to remain in advisory status, as described by Public Authorities Law section 3958.
On November 2, 2015 the ECFSA accepted the County’s proposed 2016-2019 Plan, and voted to remain in advisory status, as described by Public Authorities Law section 3958.
On December 22, 2015 the ECFSA accepted the County’s revised 2016-2019 Plan, and voted to remain in advisory status, as described by Public Authorities Law section 3958.
On October 28, 2016, the County notified the ECFSA of its intention to issue the Bonds in accordance with Public Authorities Law section 3958.
On October 31, 2016, the ECFSA accepted the County’s proposed 2017-2020 Plan, and voted to remain in advisory status as described by Public Authorities Law section 3958.
On May 3, 2017, the ECFSA accepted the County’s revised 2017-2020 plan, and voted to remain in advisory status, as described by Public Authorities Law Section 3958.
On October 24, 2017 the ECFSA accepted the County’s proposed 2018-2021 Plan, and voted to remain in advisory status as described in Public Authorities Law section 3958.
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On December 14, 2017 the ECFSA accepted the County’s revised 2018-2021 Plan and voted to remain in advisory status as described in Public Authorities Law section 3958.
On August 23, 2018 the County notified the ECFSA of its intention to issue the Bonds in accordance with Public Authorities Law section 3958.
THE BONDS BEING OFFERED HEREBY AND ANY PAYMENTS THEREON ARE NOT PLEDGED TO THE HOLDERS OF ECFSA BONDS, AND THE HOLDERS OF ECFSA BONDS HAVE NO RECOURSE TO THE COUNTY OR THE COUNTY’S REAL PROPERTY TAX REVENUES.
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COUNTY FINANCES
Four-Year Financial Plans
On December 8, 2017, the County Executive submitted to the ECFSA a revised proposed four-year financial plan for the County. Not more than 15 days after such submission, the ECFSA is required to determine whether such plan is complete and complies with the ECFSA Act, and is required to submit its recommendations with respect to the financial plan. The ECFSA approved the four-year financial plan at its board meeting on December 14, 2017. (See “ERIE COUNTY FISCAL STABILITY AUTHORITY” herein.)
The following chart summarizes revenues and expenditures under the County’s approved 2018-2021 four-year financial plan. Summary of Revenues & Expenditures Four-Year Plan (000s omitted) 2018 2019 2020 2021 REVENUES: Property Taxes ...... $ 277,945 $ 285,293 $ 291,490 $ 295,754 Sales tax (County Share) ... 459,073 467,107 474,114 481,225 Sales Tax (Other Gov't) .... 317,204 322,755 327,597 332,510 Fees Fines or Charges ...... 34,035 33,503 33,818 34,137 Other Sources ...... 39,216 43,409 44,008 44,690 State Aid ...... 172,959 176,293 179,707 183,205 Federal Aid ...... 175,147 178,601 182,344 186,180 Appropriated Fund Balance...... 10,260 10,260 10,260 4,260 Total Revenues...... $1,485,839 $1,517,221 $1,543,338 $1,561,961
EXPENDITURES: Personal Services ...... $ 217,899 $ 221,992 $ 225,339 $ 232,132 Fringe Benefits ...... 133,031 138,902 145,215 154,058 Supplies & Repairs ...... 8,722 8,854 8,986 9,121 Other ...... 24,066 24,822 25,132 25,446 Contractual ...... 146,139 147,423 149,677 151,967 Sales Tax (Other Gov't) .... 350,134 356,042 361,196 366,426 Allocations ...... 43,515 44,323 44,995 45,683 Program Related...... 500,554 516,164 520,261 520,637 Debt Service ...... 61,779 59,813 63,522 57,497 Total Expenditures ...... 1,485,839 1,518,335 1,544,323 1,562,967
Projected Gap ...... $ - $ (1,114) $ (985) $ (1,006)
Projected Financial Information
The management of the County has prepared the projected financial information set forth above under the heading “FOUR-YEAR FINANCIAL PLAN” to present the plan for the County for the fiscal years 2018 through 2021. The foregoing prospective financial information was not prepared with a view toward public disclosure or with a view toward complying with the guidelines established by the American Institute of Certified Public Accountants with respect to prospective financial information, but, in the view of the County’s management, was prepared on a reasonable basis, reflects the best currently available estimates and judgments, and presents, to the best of management’s knowledge and belief, the expected course of action and the expected future financial performance of the County. However, this
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information is not fact and should not be relied upon as being necessarily indicative of future results, and readers of this Official Statement are cautioned not to place undue reliance on the prospective financial information.
Neither the County’s independent auditors, nor any other independent accountants have compiled, examined, or performed any procedures with respect to the prospective financial information contained herein, nor have they expressed any opinion or any other form of assurance on such information or its achievability, and assume no responsibility for, and disclaim any association with, the prospective financial information.
The County used current financial information, historical trends, anticipated cost increases and projected changes in service delivery in developing the four-year plan. The assumptions and estimates underlying the prospective financial information are inherently uncertain and, though considered reasonable by the management of the County as of the date of preparation of the four-year plan, are subject to a wide variety of significant business, economic, and other risks and uncertainties that could cause actual results to differ materially from those contained in the prospective financial information. Accordingly, there can be no assurance that the prospective results are indicative of the future performance of the County or that actual results will not differ materially from those presented in the prospective financial information. Inclusion of the prospective financial information in this Official Statement should not be regarded as a representation by any person that the results contained in the prospective financial information will be achieved.
Financial Statements
Since 1975 the County’s financial statements have been audited by independent accounting firms. Due to the size and complexity of County operations, separate contracts were always awarded for the audits of the Network (which was sold effective as of January 1, 2004 by the County to the ECMCC), Erie Community College, and the County’s remaining funds. In addition to the financial audit, the County’s audit includes the requirements of the Single Audit Act of 1984. The County’s basic financial statements for the year ended December 31, 2017 (audited) are included herein as Appendix A.
The Comptroller’s Office is required to consolidate all audited statements into the County’s basic financial statements. Since 1986, the Comptroller’s Office has prepared a comprehensive annual financial report (“CAFR”) for submission to the Government Finance Officers’ Association Certificate of Achievement Program. The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition in the area of governmental accounting and financial reporting. Erie County was awarded a Certificate of Achievement for Excellence in Financial Reporting in twenty-six of the last twenty-seven years. The County did not apply for this award for fiscal year 2004.
Budgetary Process
The County’s fiscal year begins January 1 and ends December 31. The County Charter and Administrative Code require that the County Executive’s proposed budget, which must be presented to the County Legislature by October 15th of each year, must show balanced total proposed expenditures and total anticipated revenues for the budget year, as well as actual figures for the two preceding years and the adopted and adjusted budget for the current fiscal year. Section 2605 of the County Charter provides that: (i) the County Executive shall maintain an unassigned fund balance in the General Fund equal to or greater than 5% of the total budget in the preceding audited fiscal year, (ii) fund balance may be included as a revenue in an approved budget of the General Fund provided there shall remain an unassigned balance of at least 5%, and (iii) following approval of the annual budget, no additional fund balance shall be appropriated as a revenue during the fiscal year without the affirmative vote of at least two-thirds of the total membership of the County Legislature.
On or before October 1st, the County Executive shall submit to the County Comptroller all revenue estimates and expenditure estimates for Medicaid, public assistance, and pension contributions and health care insurance costs for County employees to be used in the proposed budget. The County Comptroller shall review said estimates and submit to the County Legislature in writing by October 15th a report indicating whether or not such estimates are suitable estimates for the upcoming fiscal year. Should the County Comptroller determine that any such revenue or expenditure estimate is not suitable for the upcoming fiscal year, the County Legislature may revise any such revenue estimate downward upon a two-thirds majority vote and may revise any such expenditure estimate upward by a majority vote. The Legislature shall not revise any such revenue estimate upward.
The County Legislature is permitted to increase or add line items, subject to County Executive veto, which is subject to County Legislature override by two-thirds of its members. As part of the budget process, the County 30
Legislature may eliminate or reduce appropriation line items, except those appropriations required by law or for debt service, and such reductions are not subject to the approval of the County Executive.
The Charter mandates a tax levy on all taxable property in the County determined by subtracting the total estimated non-property tax revenues from the total proposed expenditures as set forth in the adopted budget. Supplemental appropriations may be made during the year by the County Legislature, subject to veto by the County Executive, if revenues are received from unanticipated sources or are in excess of budget estimates therefore.
The County Executive is required by the County’s Administrative Code to maintain control over the expenditures of every administrative unit and financial activity of the County with the exception of those related to one of the other independently elected countywide officials (County Comptroller, County Clerk, County Sheriff and County District Attorney); and he is authorized to prescribe quotas and allotments so as to limit expenditures to available funds. The County Legislature is authorized to prescribe quotas and allotments so as to limit expenditures to available funds for the other independently elected countywide officials (County Comptroller, County Clerk, County Sheriff and County District Attorney). If at any time during the year it appears that revenues available will be insufficient to meet appropriations, the County Executive must report and recommend action to the County Legislature, which is then charged with acting to prevent or minimize any deficit. For that purpose, the County Legislature may by resolution reduce appropriations, subject to applicable state law mandating certain expenditures, and provided that no appropriations for debt service may be reduced.
2018 County Budget
The 2018 tentative budget was submitted to the County Legislature on October 13, 2017 and a final budget was adopted on December 7, 2017. Annual appropriated budgets are adopted and employed for control of the General Fund; the Road, Sewer, Downtown Mall and E-911 Special Revenue Funds; the Debt Service Fund; and the Utilities Fund, minimally detailed to the department and account level. The County Legislature held 2018 budget hearings on November 14-16, 2017.
Appropriations of fund balances are as follows (excludes normal encumbrances that are carried forward annually):
Fund Original Budget Supplements
General $ 10,260,000 $ 3,000,000 Road - 2,200,000 Sewer 12,002,025 - Debt Service 3,982,594 - Library 498,684 195,000
Total $26,743,303 $ 5,395,000
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Operating Budget for Various Funds
Summary of 2018 Budget & 2017 Actuals - Revenue and Expenditures (a) 2018 Budget 2017 Actual Revenues and Transfers: Real Property Tax $ 323,367,939 $ 313,322,989 State Aid 185,016,988 176,929,108 Federal Aid 175,146,797 164,867,867 Sales Tax 459,073,351 452,389,639 Sales Tax for Local Governments 317,204,132 312,577,544 Other Local Source Revenue 134,406,941 170,490,296 Interfund Revenue 95,711,825 110,924,182 Appropriated Fund Balance 26,743,303 - Total Revenues $ 1,716,671,276 $ 1,701,501,625
Expenditures and Transfers:
Personal Services $ 231,777,532 $ 214,504,930 Employee Payments (Non-salary) 28,217,660 28,605,358 Employee Benefits 157,645,692 144,866,001 Additions to Personal Services 210,778 - Supplies and Repairs 20,177,645 16,343,551 Program Related 500,553,500 493,150,792 Sales Tax for Local Governments 317,204,132 312,577,544 Sales Tax Sharing – Other 32,929,617 32,631,641 Contractual 170,140,178 166,147,892 Debt Service 141,658,948 102,943,397 Equipment 7,243,759 7,928,306 Allocations / Transfers 64,479,522 115,868,854 Other 44,432,313 36,473,010 Total Expenditures $1,716,671,276 $ 1,672,041,276 Excess (deficiency) of Revenues over $ - $ (29,460,349) (b) Expenditures and Transfers
The 2017 & 2018 operating budget by Fund provides for spending levels as follows:
2018 Budget 2017 Budget Utilities Enterprise Fund $ 21,168,729 $ 24,682,805 Sewer Fund 63,099,159 59,621,606 E-911 Fund (Emergency Telephone System) 7,757,243 7,702,047 General Fund 1,485,839,151 1,454,648,305 Library Operating Fund 27,997,864 27,550,344 Road Fund 37,927,129 36,494,914 Debt Service Fund 72,882,001 76,211,412 Total $ 1,716,671,276 $ 1,686,911,433 (a) Revenues and expenditures for the following funds are presented: Utilities Enterprise, Sewer, E-911, General, Library Operating, Road, and Debt Service. (b) $26,493,008 of fund balance was appropriated in 2017.
SOURCES: 2017 Results - Erie County Comptroller’s Office 2017 Erie County Adopted Budget 2018 Erie County Adopted Budget
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The 2018 operating budget is 0.16%, or $2,628,229, more than the 2017 adopted operating budget. The total budget includes State and Federal matching revenues for reimbursable operations in social services, health, mental health, probation, and miscellaneous operations.
The 2018 County budget provides funding for positions for all departments in the combined operating funds, including Social Services, the Library, the Utilities Fund, the E-911 Fund, and the County Road Fund. Grants, self- supporting sewer districts, and the Erie Community College are not included in the combined operating funds.
The 2018 County budget presentation includes performance measures and productivity indicators, expanded narratives for key revenue and expenditure assumptions, the integration of departmental revenue estimates with departmental expenditures, the presentation of departmental personal service line items on a functional basis (i.e., according to major work activity and task classifications), and additional explanatory tables and graphs.
Budget Monitoring Report and Mid-Year 2018 County Budget Review
The County has instituted a monthly budget monitoring system to continually measure actual revenues and expenditures relative to budgeted amounts. The system became operational in February 1985. All County departments prepare monthly budgets for all expenditures and revenues against which actual results are measured. These monthly budgets totally allocate current appropriations and estimated revenue over the fiscal year.
The Division of Budget and Management, in coordination with all County departments, completes and issues the Budget Monitoring Report (“BMR”).
On July 18, 2018, at the start of the County Legislature’s annual mid-year budget hearings, the County Executive reported to the County Legislature, ECFSA and the public on the status of the County’s fiscal outlook for 2017 and moving forward. In his announcement, the County Executive reported on positive developments in 2018 and certain risks and challenges in 2018.
The County released its latest BMR on July 31, 2018 covering the first six months of 2018. The BMR reported that the County had a positive variance of $9,623,234. The positive variance is primarily due to the positive impact of sales tax.
Capital Program
The County Charter and Administrative Code provide for a six-year capital program (see Table 7, Capital Projects). A capital projects committee chaired by the County Executive and consisting of members of the executive and legislative branches is charged with assisting in the consideration of capital projects and programs. The Erie County Development Coordination Board also assists in this process by developing recommendations to and through the Capital Projects Committee. The Committee assigns priorities to the projects, and during the course of the process, meets with various departments and investigates projects in order to develop recommendations.
The County Executive is required to submit annually to the County Legislature, on or before October 15, a capital budget for the ensuing fiscal year and a capital program for the next six years. The County is required by its Charter and Administrative Code to adopt a capital budget annually, which may include capital items to be financed out of current funds. Whenever any capital project is to be financed by borrowings, the County Legislature is required to adopt a bond resolution (see “INDEBTEDNESS OF THE COUNTY - Statutory Procedure”). The County may at any time eliminate or terminate any such project, subject to any contract liabilities theretofore incurred. The 2018 Capital Budget in the amount of $69,112,388 was submitted to the County Legislature on October 13, 2017, and adopted December 7, 2017. The Capital Program for years 2018 through 2023, inclusive, is estimated to be $295,215,549.
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Audited Results of Financial Operations for Fiscal Year 2017
At the end of the 2017 fiscal year, the County’s fund balances for the governmental funds were:
(000s omitted) Fund Balance
General $ 138,776 Capital Projects 98,197 Road 3,167 Sewer 40,807 E-911 205 Emergency Response 1,383 Debt Service 24,555
The unassigned fund balance portion of the County’s general fund as of December 31, 2017 was $101,939.
The positive residual amounts of fund balance classified as assigned fund balance in the County’s special revenue funds as of December 31, 2017 were:
(000s omitted) Fund Balance
Road $ 2,775 Sewer 38,142 E-911 66 Emergency Response 1,383
The Community College, Buffalo and Erie County Industrial Land Development Corporation, and Enterprise Fund results for fiscal year 2017 were as follows:
(000s omitted) Change in Entity Net Position
Erie Community College $ (5,363) ILDC 6,480 Utilities Fund (37)
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Summary of Audited Financial Results for 2017
TABLE 10 Summary of Revenues, Expenditures and Changes in Fund Balances Budget and Actual (Budgetary Basis) GENERAL FUND Year Ended December 31, 2017 (Audited) (000s omitted)
Original Budgetary Variance with Budget Final Budget Actual Final Budget
REVENUES: Real property taxes and tax items ...... $ 265,001 $ 265,001 $ 265,014 $ 13 Sales and use taxes(1) ...... 768,012 334,161 336,534 2,373 Transfer and other taxes ...... - - 31 31 Intergovernmental ...... 352,931 356,800 328,856 (27,944) Interfund Revenues ...... 209 209 209 - Departmental ...... 58,670 60,676 64,360 3,684 Interest ...... 637 473 1,208 735 Miscellaneous ...... 2,416 16,003 24,444 8,441
Total revenues ...... $ 1,447,876 $ 1,033,323 $ 1,020,656 $ (12,667)
EXPENDITURES: Current: General government support ...... $ 408,915 $ 416,029 $ 409,290 $ 6,739 Public safety ...... 151,807 152,796 142,217 10,579 Health ...... 69,528 72,444 77,634 (5,190) Transportation ...... 23,570 23,789 23,939 (150) Economic assistance and opportunity ...... 598,774 617,817 593,737 24,080 Culture and recreation ...... 18,921 18,897 18,411 486 Education ...... 73,188 73,188 69,886 3,302 Home and community service ...... 3,265 2,812 3,139 (327) Debt service: Interest and fiscal charges ...... 1,010 445 445 - Total expenditures ...... $ 1,348,978 $ 1,378,217 $ 1,338,698 $ 39,519
Excess (deficiency) of revenues over expenditures ...... $ 98,898 $ (344,894) $ (318,042) $ 26,852
OTHER FINANCING SOURCES (USES): Sale of property ...... $ 151 $ 151 $ 250 $ 99 Transfers in(1) ...... 621 440,061 440,061 - Transfers out ...... (105,670) (105,279) (102,240) 3,039
Total other financing sources (uses) ...... (104,898) 334,933 338,071 3,138
Net change in fund balances(2) ...... $ (6,000) $ (9,961) $ 20,029 $ 29,990
(1) Due to the ECFSA being a component unit of the County and intercepting the County’s sales tax from the State with a subsequent transfer to the County, sales tax revenue is reported as a transfer out of the component unit and transfer in within the County’s general fund, as opposed to revenue within Sales and Use Taxes in the Final Budget and Budgetary Actual columns.
(2) The net change in fund balances was included in the budget as an appropriation (i.e., spend down) of fund balance.
SOURCE: Erie County Comprehensive Annual Financial Report - 2017 (Audited)
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Comparative Summary of Financial Results
TABLE 11 Summary of Revenues, Expenditures and Changes in Fund Balances General Fund (000s omitted)
2013 2014 2015 2016 2017 REVENUES: Real property taxes and tax items ...... $ 234,194 $ 235,970 $ 240,389 $ 249,562 $ 265,014 Sales and use taxes(1) ...... 313,435 321,017 326,220 326,818 336,534 Transfer and other taxes ...... - - - 4 31 Intergovernmental ...... 329,344 348,551 343,524 335,914 328,856 Inter-fund revenues ...... 12 135 - - 209 Departmental ...... 60,254 58,153 58,017 63,602 64,360 Interest ...... 1,327 792 609 613 1,208 Miscellaneous ...... 8,574 27,637 20,426 10,852 24,444
Total revenues ...... 947,140 992,255 989,185 987,365 1,020,656
EXPENDITURES: General government support ...... 374,687 385,535 394,059 396,663 408,871 Public safety ...... 135,931 135,996 144,743 146,139 142,339 Health ...... 63,970 64,677 65,026 68,447 77,329 Transportation ...... 22,355 22,848 23,137 23,183 23,939 Economic assistance and opportunity ...... 575,078 602,478 588,683 588,114 595,119 Culture and recreation ...... 16,286 16,410 17,409 17,333 18,411 Education ...... 65,781 66,114 71,177 70,846 69,886 Home and community service ...... 2,474 2,443 2,690 2,818 3,159 Debt service Interest and fiscal charges ...... - - - 731 1,010
Total expenditures ...... 1,256,562 1,296,501 1,306,924 1,314,274 1,340,063
Excess of revenues over (under) expenditures ...... (309,422) (304,246) (317,739) (326,909) (319,407)
OTHER FINANCING SOURCES (USES) Sale of property ...... 152 482 227 168 250 Transfers in ...... 409,066 422,004 425,661 427,276 440,061 Transfers out ...... (99,568) (109,444) (107,814) (109,923) (102,240)
Total other financing sources (uses) ...... 309,650 313,042 318,074 317,521 338,071
Net change in fund balances ...... 228 8,796 335 (9,388) 18,664 Fund balances at beginning of year ...... 120,141 120,369 129,165 129,500 120,112
Fund balances at end of year ...... $ 120,369 $ 129,165 $ 129,500 $ 120,112 $ 138,776
Unassigned Fund Balance $ 89,650 $ 92,218 $ 99,859 $ 100,154 $ 101,939 As a Percentage of General Fund Revenues(2) 8.4% 8.3 % 9.0 % 9.0 % 8.9 %
(1) See footnote (1) to Table 10 on previous page. (2) Does not include shared sales tax with other municipalities. Includes Other Financing Sources. SOURCE: Erie County Comprehensive Annual Financial Reports – 2017 (Audited)
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TABLE 12 General Revenues by Source (a) 2013 Through 2017 (000s omitted)
SOURCE 2013 2014 2015 2016 2017
Real property taxes and tax $ 271,757 $ 274,742 $ 280,406 $ 283,732 $ 291,149 items Sales and use taxes (b) 434,346 445,258 452,510 453,422 467,277 Transfer taxes 9,719 12,010 11,888 14,054 13,167 Intergovernmental 405,194 434,138 416,188 423,586 409,571 Interfund revenues 310 228 206 730 299 Departmental 72,756 70,012 69,247 83,086 96,226 Interest 6,334 5,336 4,900 4,965 12,295 Miscellaneous 15,337 35,425 28,372 22,678 28,141 $1,215,753 $1,277,149 $1,263,717 $1,286,253 $1,318,025
(a) General revenues are comprised of those recorded by the General, Special Revenue, Debt Service and Capital Projects Funds. (b) Excludes Sales Taxes collected on behalf of and remitted to local governments in the amount of $290,334 for 2013, $297,962 for 2014, $302,456 for 2015, $303,169 for 2016, and $312,578 for 2017 respectively. SOURCE: Erie County Comprehensive Annual Financial Reports - 2017 (Audited)
TABLE 13 Sales Tax Receipts 2013 Through 2017 (000s omitted)
% Increase or (a) (b) (c) Total Decrease 3% County 1% 0.25% 0.50% County Share from Previous Fiscal Year Share Sales Tax Sales Tax Sales Tax Sales Tax Year
2013 $ 158,431 $149,582 $ 37,356 $ 74,713 $ 420,081 2.28% 2014 162,606 153,523 38,315 76,629 431,072 2.62% 2015 165,059 155,838 38,935 77,871 437,703 1.54% 2016 165,447 156,205 39,036 78,072 438,761 0.24% 2017 170,582 161,053 40,252 80,503 452,390 3.11%
(a) Effective March 1, 1985 (b) Effective July 1, 2005 (c) Effective January 15, 2006 SOURCE: Erie County Comptroller’s Office
REVENUE SOURCES AND EXPENDITURES
General
County finances are accounted for in four groups of governmental funds: the General Fund, Special Revenue Funds, Debt Service Fund, and Capital Projects Funds.
The General Fund is the general operating fund, into which all general tax revenues are paid, and from which all current operating expenditures are made pursuant to appropriations by the County Legislature. Special Revenue Funds, including sewer district funds, receive revenues from specific sources, including sewer assessments and government grant proceeds, in order to fund related expenditures. The Debt Service Fund is used to account for current payments of principal of and interest on general obligation long-term debt, and for financial resources accumulated in a reserve for 37
payment of future principal of and interest on long-term indebtedness. Capital Projects Funds are used to account for bond proceeds and other revenues committed to or used in the acquisition or construction of major capital facilities other than those that will be financed directly by the ECMCC for the Erie County Medical Center and the Erie County Home facilities.
Revenues
Sales and Compensating Use Taxes. Section 1210 of the State Tax Law authorizes the County to levy sales and compensating use taxes of up to 3% in addition to the 4% tax levied by the State. Such sales and compensating use tax collections in New York are administered by the State Tax Commission and prior to enactment of the ECFSA Act all net collections were paid in full to the County monthly. Pursuant to the ECFSA Act, the portion of net collections that the County would otherwise receive for its own use are to be paid by the State Comptroller to the ECFSA and the County shall have no right, title, or interest in such revenues. After application of such revenues to pay debt service obligations of the ECFSA, if any (see “ERIE COUNTY FISCAL STABILITY AUTHORITY” herein), and operating expenses of ECFSA and subject to ECFSA’s agreements with the County, such revenues are to be transferred as frequently as practicable to the County.
The Tax Law permits cities to impose 1-1/2% sales and compensating use taxes within their own jurisdictions preemptively. In such event, the County may levy 3% sales and compensating use taxes Countywide in the areas outside the cities and an additional 1-1/2% tax in the cities that exercise this preemptive right. However, in those jurisdictions where the 3% County tax applies, 1-1/2% thereof must be distributed to the towns and villages. Pursuant to the agreement discussed below, all of the cities within the County have waived this preemptive right.
The County levies the maximum 3% tax permitted. Subject to the ECFSA Act provisions described above, an agreement among the County and cities within the County provides that the County receives 35.3% of all revenues from the 3% sales tax, and the balance is distributed pursuant to a formula contained in the agreement among the school districts, cities, and the areas outside of cities.
Pursuant to State enabling legislation, the County imposes an additional sales and compensating use tax of 1.75% (the “Additional Sales Tax”). Of this total, 1% has been imposed since March 1, 1985: 0.25% went into effect July 1, 2005 and 0.5% went into effect January 15, 2006, raising the County sales tax rate to 8.75%. Authority to levy the 0.75% tax expires November 30, 2019. Authority to levy the 1% sales tax also expires November 30, 2019. The Additional Sales Tax is distributed to the County solely for County purposes, and is not subject to any revenue distribution agreements established pursuant to the Tax Law with one caveat: the County is obligated to remit $12.5 million of sales tax revenue to the City of Buffalo and other local municipalities.
A local law adopted by the County Legislature prohibits any increase in the existing sales and compensating use taxes, and the imposition of any new form of County tax except by a resolution approved by the affirmative vote of two- thirds of the total membership, or a majority of the total membership if such resolution is adopted subject to permissive referendum.
Federal and State Aid. The County generally receives Federal and State aid for a portion of its mandated social services programs, such as Medicaid, Family Assistance and Safety Net, which it categorizes as “Economic Assistance and Opportunity” functional expenditures. The Safety Net program receives State, but not Federal aid. The County appropriates only the local share of Medicaid. It appropriates total expenditures for Family Assistance and Safety Net, and shows State and (in the case of the former) Federal aid as revenue items. Federal and State aid represent approximately 39% of 2018 County appropriations for social services programs.
Pursuant to the ECFSA Act, aid and incentives for municipalities received from the State, any successor type of State aid and any new aid appropriated by the State as local government assistance for the benefit of the County are to be paid by the State Comptroller to the ECFSA and the County shall have no right, title, or interest in such revenues. After application of such revenues to pay debt service obligations of ECFSA, if any (see “ERIE COUNTY FISCAL STABILITY AUTHORITY– Purpose and Operations”), and operating expenses of ECFSA and subject to ECFSA’s agreements with the County, such revenues are to be transferred as frequently as practicable to the County.
The County also receives certain Federal, State and private grants. These grants are used primarily to augment current operations, and for special demonstration projects and programs. Should funding of any such grant be stopped at any point, the County may assume the cost thereof in its operating budget or suspend the programs funded by such grant.
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The Federal and State governments are not constitutionally obligated to maintain or continue current levels of Federal and State aid to the County. Accordingly, no assurance can be given that present Federal and State aid levels will be maintained in the future. Federal and State budgetary restrictions which may eliminate or substantially reduce Federal or State aid could have a material adverse effect upon the County, requiring either a counterbalancing increase in revenues from other sources to the extent available or a curtailment of non-mandated expenditures. Social services and Medicaid expenditures are generally mandated by State law.
Property Tax Collection Procedure. The Countywide property tax is levied by the County upon the taxable real property in the towns and cities in the County in late December of each year at the last meeting of the County Legislature. The levy is effective on January 1 of the next succeeding fiscal year, which is the year when the taxes are recognizable as revenue. Such taxes are collected by the respective collection officers in each town and city, except that the Director of Budget, Management and Finance collects such taxes in the City of Buffalo.
With respect to the cities, the Countywide taxes are due by February 15th, and penalties are imposed as follows: 1.5% prior to March 1st, 3% prior to March 16th, 4.5% prior to April 1st, 6% prior to April 16th, 7.5% prior to May 1st, and 1.5% additional each month thereafter. The Cities of Buffalo, Lackawanna and Tonawanda each levy and collect their city taxes, and the County is not responsible for any unpaid city taxes. The County is responsible only for uncollected County taxes levied in such cities.
With respect to the towns, the Countywide property tax is levied by the County together with town property taxes, which include special district, fire district and highway taxes. In towns of the first class, taxes are due without penalties by February 15th. Penalties are 1.5% prior to March 1st, 3% prior to March 16th, 4.5% prior to April 1st, 6% prior to April 16th, 7.5% prior to May 1st, and 1.5% additional for each month thereafter. In towns of the second class, taxes are due without penalty within ten days after receipt by the respective collection agent of the tax roll. Penalties are 1.5% prior to March 16th unless waived, 7.5% prior to May 1st, and 1.5% additional each month thereafter. All towns retain from the first tax receipts all such town taxes and remit the balance of such collections to the County. The County is responsible for all uncollected taxes.
With respect to school districts, except for the City School Districts of Buffalo and Lackawanna, taxes are levied by the County by the first Tuesday in September and are due and payable to the applicable school district tax collector within 10 days after the receipt by such collector of the tax roll.
Penalties are 1.5% prior to October 16th, 7.5% prior to November 1st, and 9% prior to December 1st. On or before December 6th, the Director of Budget, Management and Finance receives a certification from each collector of the amount of unpaid school taxes. The uncollected taxes, together with a 10.5% penalty, are thereafter extended and levied on the County tax rolls against the applicable delinquent parcels. The County is responsible for all uncollected school district taxes outside the Cities of Buffalo, Lackawanna and Tonawanda. The County must pay such uncollected school taxes by February 20th.
With respect to villages, the County has adopted a local law pursuant to Section 1442 of the Real Property Tax Law, under which the County makes collections of delinquent village taxes upon request of a village. By November 16th a village must certify and transmit an account of unpaid village taxes to the Director of Budget, Management and Finance. Once the account has been received by the Director of Budget and Management, a 7.5% penalty is added to the unpaid taxes. On the date the County levies the town and County taxes, the uncollected village taxes, including the 7.5% penalty together with an additional 10.5%, are thereafter re-levied against the delinquent parcels. The County must pay to the village such uncollected village taxes by April 1st.
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Valuations, Tax Levies and Rates
The valuations, tax levies and rates for the last five years for the County are set forth below:
TABLE 14 Valuation, Tax Levy and Rates (As Reported in the Annual Report of the Division of Real Property Tax)
2014 2015 2016 2017 2018
Assessed Valuation ...... $ 37,038,326,362 $39,239,438,635 $40,289,301,287 $40,991,885,474 $42,980,773,523
Equalized Full Valuation ...... 47,996,864,239 49,214,694,098 51,961,517,243 54,929,481,216 58,098,573,862
Levied for County Purposes (a) ...... 241,721,087 245,876,811 257,638,097 272,002,597 287,386,093
Rates for $1,000 of Equalized Full Valuation...... $5.04 $5.00 $4.96 $4.95 $4.95
(a) Includes County and Library property taxes.
Pursuant to County of Erie Local Law No. 7-1992, a portion of the annual real property tax shall be annually levied and collected for library purposes, and shall be separately set out on the real property tax notices as the “amount for library purposes.” The entire amount of funds allocated in the general budget for library purposes shall be available to the Buffalo and Erie County Public Library, and shall not be subject to withholding, modification or reduction by the County after adoption of the annual County budget.
Constitutional Tax Limit
The amount that may be raised by the Countywide tax levy on real property in any fiscal year, for purposes other than for debt service on County indebtedness, is limited to 1.5% of the five-year average full valuation of taxable real property of the County. By Amendment to the County Charter, the County has limited its annual property tax levy to 1.0% of the five year average of full valuation.
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Constitutional Taxing Power For 2017
The computation of the County’s constitutional taxing power for 2018 is set forth below:
TABLE 15 Computation of Constitutional Taxing Power for 2018(a)
Tax Year Full Valuation 2014 ...... $ 47,996,864,239 2015 ...... 49,214,694,098 2016 ...... 51,961,517,243 2017 ...... 54,929,481,216 2018 ...... 58,098,573,862
Total ...... $ 262,201,130,658 Five-Year Average Full Valuation ...... $ 52,440,226,132 Tax Limit (1.5%) (b) ...... 786,603,392 Total Exclusions ...... 67,398,702
Total Taxing Power ...... 854,002,094 Total Levy for 2018 (c) ...... 322,209,663
Tax Margin (b) ...... $ 531,792,431
(a) Data excerpted from the County’s Constitutional Tax Limit Report, which is filed with the State Comptroller. (b) New York State Constitutional Tax Limit equals 1.5% of Five-Year Average Full Valuation. By Amendment to the County Charter, the County has limited its annual property tax levy to one per centum (1.0%) of the five year average of full valuation. The County’s 2018 total taxing power under this local law is $591,800,963 leaving a tax margin of $269,591,300. (c) Includes County and Library property taxes, taxes for election expenses and Community College chargebacks.
The Tax Levy Limitation Law
Chapter 97 of the Laws of 2011, as amended, (the “Tax Levy Limitation Law”) applies to all local governments, including school districts (with the exception of New York City, the counties comprising New York City and the Big 5 City School Districts (Buffalo, Rochester, Syracuse, Yonkers and New York). It also applies to independent special districts and to town and county improvement districts as part of their parent municipalities’ tax levies.
The Tax Levy Limitation Law restricts, among other things, the amount of real property taxes (including assessments of certain special improvement districts) that may be levied by or on behalf of a municipality in a particular year, beginning with fiscal years commencing on or after January 1, 2012. It expires on June 16, 2020 unless extended. Pursuant to the Tax Levy Limitation Law, the tax levy of a municipality cannot increase by more than the lesser of (i) two percent (2%) or (ii) the annual increase in the consumer price index (“CPI”), over the amount of the prior year’s tax levy. Certain adjustments would be permitted for taxable real property full valuation increases or changes in physical or quantity growth in the real property base as defined in Section 1220 of the Real Property Tax Law. A municipality may exceed the tax levy limitation for the coming fiscal year only if the governing body of such municipality first enacts, by at least a sixty percent vote of the total voting strength of the board, a local law (resolution in the case of fire districts and certain special districts) to override such limitation for such coming fiscal year only. There are permissible exceptions to the tax levy limitation provided in the Tax Levy Limitation Law, including expenditures made on account of certain tort settlements and certain increases in the average actuarial contribution rates of the New York State and Local Employees’ Retirement System, the Police and Fire Retirement System, and the Teachers’ Retirement System. Municipalities are also permitted to carry forward a certain portion of their unused levy limitation from a prior year. Each municipality prior to adoption of each fiscal year budget must submit for review to the State Comptroller any information that is necessary in the calculation of its tax levy for each fiscal year.
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The Tax Levy Limitation Law does not contain an exception from the levy limitation for the payment of debt service on either outstanding general obligation debt of municipalities or such debt incurred after the effective date of the tax levy limitation provisions.
Article 8 Section 2 of the State Constitution requires every issuer of general obligation notes and bonds in the State to pledge its faith and credit for the payment of the principal thereof and the interest thereon. This has been interpreted by the Court of Appeals, the State’s highest court, in Flushing National Bank v. Municipal Assistance Corporation for the City of New York, 40 N.Y.2d 731 (1976), as follows:
“A pledge of the city’s faith and credit is both a commitment to pay and a commitment of the city’s revenue generating powers to produce the funds to pay. Hence, an obligation containing a pledge of the City’s “faith and credit” is secured by a promise both to pay and to use in good faith the city’s general revenue powers to produce sufficient funds to pay the principal and interest of the obligation as it becomes due. That is why both words, “faith” and “credit”, are used and they are not tautological. That is what the words say and that is what courts have held they mean.”
Article 8 Section 12 of the State Constitution specifically provides as follows:
“It shall be the duty of the legislature, subject to the provisions of this constitution, to restrict the power of taxation, assessment, borrowing money, contracting indebtedness, and loaning the credit of counties, cities, towns and villages, so as to prevent abuses in taxation and assessments and in contracting of indebtedness by them. Nothing in this article shall be construed to prevent the legislature from further restricting the powers herein specified of any county, city, town, village or school district to contract indebtedness or to levy taxes on real estate. The legislature shall not, however, restrict the power to levy taxes on real estate for the payment of interest on or principal of indebtedness theretofore contracted.”
On the relationship of the Article 8 Section 2 requirement to pledge the faith and credit and the Article 8 Section 12 protection of the levy of real property taxes to pay debt service on bonds subject to the general obligation pledge, the Court of Appeals in the Flushing National Bank case stated:
“So, too, although the Legislature is given the duty to restrict municipalities in order to prevent abuses in taxation, assessment, and in contracting of indebtedness, it may not constrict the city’s power to levy taxes on real estate for the payment of interest on or principal of indebtedness previously contracted....While phrased in permissive language, these provisions, when read together with the requirement of the pledge of faith and credit, express a constitutional imperative: debt obligations must be paid, even if tax limits be exceeded”.
In addition, the Court of Appeals in the Flushing National Bank case has held that the payment of debt service on outstanding general obligation bonds and notes takes precedence over fiscal emergencies and the police power of municipalities.
Therefore, while the Tax Levy Limitation Law may constrict an issuer’s power to levy real property taxes for the payment of debt service on debt contracted after the effective date of said Tax Levy Limitation Law, it is clear that no statute is able (1) to limit an issuer’s pledge of its faith and credit to the payment of any of its general obligation indebtedness or (2) to limit an issuer’s levy of real property taxes to pay debt service on general obligation debt contracted prior to the effective date of the Tax Levy Limitation Law. Whether the Constitution grants a municipality authority to treat debt service payments as a constitutional exception to such statutory tax levy limitation outside of any statutorily determined tax levy amount is not clear.
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It is possible that the Tax Levy Limitation Law will be subject to judicial review to resolve the constitutional issues raised by its adoption. Although courts in New York have historically been protective of the rights of holders of general obligation debt of political subdivisions, the outcome of any such legal challenge cannot be predicted.
Tax Collection
Set forth below is the tax collection record of the County for the past ten years:
TABLE 16 Tax Collection
Collected within the Total Collections through Fiscal Year of the Levy December 31, 2017 Total Property Taxes Levied Collections in for the Fiscal Percentage Subsequent Percentage Fiscal Year Year (a) (b) Amount of Levy Years Amount of Levy 2008 ...... $ 590,816,323 $ 575,132,293 97.35% $ 14,742,239 $ 589,874,532 99.84% 2009 ...... 612,199,787 595,839,865 97.33% 15,214,774 611,054,639 99.81% 2010 ...... 638,372,017 622,129,950 97.46% 14,806,845 636,936,794 99.78% 2011 ...... 648,241,682 628,996,639 97.03% 17,534,944 646,531,583 99.74% 2012 ...... 655,894,171 636,198,405 97.00% 17,413,447 653,611,852 99.65% 2013 ...... 655,440,978 637,052,431 97.19% 15,457,533 652,509,964 99.55% 2014 ...... 661,774,027 644,024,505 97.32% 14,073,997 658,098,502 99.44% 2015 ...... 674,167,630 655,940,466 97.30% 11,077,673 667,018,139 98.94% 2016 ...... 695,621,017 677,125,859 97.34% 6,717,169 683,843,028 98.31% 2017 ...... 719,198,527 700,924,354 97.46% N/A 700,924,354 97.46%
(a) Includes Countywide property taxes, which exclude amounts levied in accordance with State law to recover election expenditures from the municipalities that were incurred by the County. (b) Includes other property taxes, which are primarily comprised of taxes levied for the benefit of County towns, re-levy of uncollected school and village taxes, and sewer district taxes and user charges.
SOURCES: Erie County Comprehensive Annual Financial Report - 2017 (Audited)
Expenditures
The County’s major expenditures are primarily for human services, such as social services, public health and hospitals, and otherwise for courts and public safety, transportation, parks and recreation, and community colleges. Social Services expenses comprised approximately 66.92% of the total County operating budget for 2017. Medicaid expenditures are capped at 3% growth per year. Mandated social services are subject to relatively abrupt and unpredictable increases from time to time as the result of changes in economic conditions or State law. Personnel services, employee benefits and debt service accounted for an additional 33.08% of the total 2017 County budget.
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ECONOMIC CONDITIONS
General
The County is a municipal corporation of the State. With a 2010 population of 919,040, according to the U.S. Census Bureau, it is one of the State’s most populous counties. It has a land area of 1,058 square miles and is situated in Western New York, bounded on the west by Lake Erie and Canada, to the north by Niagara County, to the east by Genesee County and Wyoming County, and to the south by Cattaraugus and Chautauqua Counties. The County includes the State’s second largest city by population, Buffalo, as well as the cities of Lackawanna and Tonawanda and 25 towns. The County has numerous established residential areas, and its largest taxpayers include National Grid Power Corporation, National Fuel Gas Corporation, Benderson Development Company, Inc., Verizon New York, Inc. and New York State Electric and Gas Corp. The County includes major urbanized and industrial areas, as well as farmlands.
The County provides a variety of general governmental services which supplement local city, town and village services. These include parks, cultural and recreational facilities, police, libraries, youth and senior citizen services, and correctional facilities. The County is responsible for providing mandated social services programs. The County also owns and operates a community college. It provides sanitary sewage collection, treatment and disposal facilities through a variety of special assessment districts.
The 2010 Federal decennial census population of the cities and five largest towns are as follows:
Municipality Population
Buffalo, City ...... 261,310 Lackawanna, City ...... 18,141 Tonawanda, City ...... 15,130 Amherst, Town ...... 122,366 Cheektowaga, Town ...... 88,226 Tonawanda, Town ...... 73,567 Hamburg, Town ...... 56,936 West Seneca, Town ...... 44,711 ______SOURCE: U.S. Department of Commerce, Bureau of the Census.
Population Characteristics
TABLE 17 Population (in 000s)
Year Erie County City of Buffalo New York State United States
1970 ...... 1,114 463 18,237 203,212 1980 ...... 1,015 357 17,558 227,700 1990 ...... 969 328 18,000 248,200 2000 ...... 950 293 18,976 281,422 2010 ...... 919 261 19,378 308,746 ______SOURCE: U.S. Department of Commerce, Bureau of the Census.
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Economy
The County is a major New York industrial and commercial center. The following tables illustrate the major components of the County’s employment.
TABLE 18 Percent of Non-Farm Employment by Industry (NAICS) as of 2017 (Annual Average)
Buffalo- Niagara Falls MSA (a) New York State Industry Goods Producing Natural Resources, Mining & Construction...... 3.7% 4.1% Manufacturing ...... 9.2% 4.7% Service Providing Trade, Transportation & Utilities...... 17.9% 16.5% Information ...... 1.3% 2.8% Finance Activities ...... 6.6% 7.5% Professional & Business Services ...... 12.5% 13.9% Educational & Health Services ...... 17.4% 21.1% Leisure & Hospitality ...... 10.8% 9.9% Other Services...... 4.5% 4.3% Government ...... 16.1% 15.2% ______(a) Metropolitan Statistical Area Summary SOURCE: New York State Department of Labor, Labor Market Information
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TABLE 19 Total Labor Force and Employment 1996 – 2017 (in 000s)
Erie County New York State Year Total Labor Force Employed Total Labor Force Employed
1996 468.8 446.1 8,785.7 8,237.1 1997 476.4 452.5 9,012.2 8,432.6 1998 473.1 449.0 9,071.8 8,562.2 1999 467.8 443.8 9,126.6 8,654.6 2000 465.6 445.9 9,133.9 8,718.7 2001 460.2 438.8 9,151.7 8,709.9 2002 470.1 444.9 9,275.5 8,705.4 2003 470.1 443.3 9,263.4 8,672.9 2004 472.1 445.2 9,356.0 8,812.6 2005 472.3 447.8 9,460.9 8,986.9 2006 471.1 448.1 9,508.1 9,077.5 2007 465.3 443.5 9,522.1 9,088.2 2008 473.5 446.5 9,664.8 9,139.1 2009 470.7 432.5 9,647.5 8,844.5 2010 465.7 427.0 9,595.4 8,769.7 2011 458.8 422.1 9,517.4 8,728.1 2012 461.8 423.4 9,612.2 8,793.4 2013 460.3 426.1 9,659.2 8,913.8 2014 450.4 423.0 9,591.3 8,984.1 2015 451.2 427.2 9,644.6 9,136.2 2016 448.1 426.1 9,668.7 9,200.3 2017 448.6 425.4 9,704.7 9,249.2
______Note: Annual averages not seasonally adjusted. Reflects employment of all employed persons in all occupations. SOURCE: New York State Department of Labor, Labor Market Information
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TABLE 20 Annual Average Unemployment Rates 1996-2017(a) Year Erie County NYS United States
1996 4.8% 6.2% 5.4% 1997 5.0% 6.4% 4.9% 1998 5.1% 5.6% 4.5% 1999 5.1% 5.2% 4.2% 2000 4.2% 4.5% 4.0% 2001 4.7% 4.8% 4.7% 2002 5.4% 6.1% 5.8% 2003 5.7% 6.4% 6.0% 2004 5.7% 5.8% 5.5% 2005 5.2% 5.0% 5.1% 2006 4.9% 4.5% 4.6% 2007 4.7% 4.6% 4.6% 2008 5.7% 5.4% 5.8% 2009 8.1% 8.3% 9.3% 2010 8.3% 8.6% 9.6% 2011 8.0% 8.3% 8.9% 2012 8.3% 8.5% 8.1% 2013 7.4% 7.7% 7.4% 2014 6.1% 6.3% 6.2% 2015 5.3% 5.3% 5.3% 2016 4.9% 4.8% 4.9% 2017 5.2% 4.7% 4.4%
______(a) Percent of total force unemployed, by place of residence, not seasonally adjusted. SOURCES: U.S. Rate - U.S. Department of Labor, Bureau of Labor Statistics Other Rates - New York State Department of Labor, Labor Market Information
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TABLE 21 Trends in Non-Farm Employment by Industry (NAICS) 2008 – 2017 (in 000s) Buffalo-Niagara Falls MSA
Industry 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Goods Producing: Natural Resources, Mining & Construction 20.7 19.3 18.9 19.9 19.6 19.3 20.2 20.8 21.6 20.8 Manufacturing 57.5 50.7 49.6 51.0 51.3 51.4 52.2 52.2 52.0 52.0
Service Providing: Trade, Transportation & Utilities 103.0 98.2 97.8 99.1 100.4 100.5 102.3 103.4 102.7 101.1
Information 8.5 8.3 7.8 7.6 7.6 7.6 7.6 7.3 7.0 7.0 Finance Activities 32.8 31.3 30.5 31.4 32.0 32.1 32.7 33.8 34.9 36.9 Professional & Business Services 72.6 70.8 71.6 72.5 73.1 73.4 71.8 71.9 71.1 70.5
Educational & Health Services 85.8 87.5 89.2 89.6 90.4 92.1 93.1 93.7 95.6 98.2
Leisure & Hospitality 50.2 50.8 52.5 53.6 55.0 56.9 57.7 58.7 60.2 61.0 Other Services 23.9 23.8 23.4 23.2 23.4 24.1 24.6 24.8 24.9 25.4
Government:
Federal Government 10.1 10.2 10.5 9.9 9.7 9.4 9.1 9.1 9.2 9.4
State Government 22.1 22.4 22.8 23.0 22.9 22.8 22.3 22.4 22.7 23.1 Local Government 63.2 63.1 61.7 60.6 59.0 58.0 57.6 57.7 58.0 58.5 Total Non-Farm Employment (a) (b) 550.2 536.2 536.2 541.4 544.5 547.5 551.2 555.8 560.0 563.9
(a) Totals may not add due to rounding. (b) Total non-farm employment data is compiled by the State Department of Labor upon consultation with employers.
SOURCE: New York State Department of Labor, Labor Market Information
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TABLE 22 Ten Largest Taxpayers (As of December 31, 2017)
Equalized % of Equalized Full Valuation Full Valuation
National Grid / Niagara Mohawk ...... $ 823,577,974 1.50% National Fuel Gas ...... 745,435,958 1.36% Benderson Development Company, Inc...... 638,567,204 1.16% Pyramid Company of Buffalo ...... 278,230,150 0.51% Norfolk/Conrail/CSX/PA Lines ...... 227,918,977 0.41% NY State Electric and Gas Corporation ...... 219,841,189 0.40% Uniland Development ...... 191,624,308 0.35% Verizon New York Inc ...... 182,191,707 0.33% Ellicott Group LLC ...... 168,120,431 0.31% G&I IX Empire ...... 130,955,876 0.24% TOTAL ...... $ 3,606,463,774 6.57%
______SOURCE: Erie County Comprehensive Annual Financial Report - 2017 (Audited)
TABLE 23 Ten Largest Employers (As of December 31, 2017)
Number of Full Employer Type of Activity Time Employees
State of New York Government 23,400 City of Buffalo Government 10,198 U.S. Government Government 9,000 Kaleida Health Health Care 8,113 Catholic Health System Health Care 7,347 M&T Bank Commercial Bank 7,000 University at Buffalo Education 6,992 Tops Markets LLC Supermarkets 5,423 County of Erie Government 4,084 Erie County Medical Center Corp. Health Care 3,412
______SOURCES: Erie County Comprehensive Annual Financial Report - 2017 (Audited)
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Local Economy
Historically the local economy was built on railroad commerce, steel manufacturing, automobile production, Great Lakes shipping and grain storage. However, following heavy job losses in the manufacturing sector in the 1970s and early 1980s, the local economy has become more diversified with growth in the financial, health and service sectors. This diversification has cushioned local impacts during economic downturns, but redevelopment of the local economic base and improvement of the local economy has been a gradual, sometimes sporadic, process ongoing since the mid-1980s.
There are a wide range of positive economic factors affecting the County, including lower unemployment, and a significant number of public and private sector construction and economic development initiatives.
Economic development initiatives continue to proceed such as the new $270 million Women & Children’s Hospital construction project; the $110 million Conventus building project anchoring the Buffalo Niagara Medical Campus; a $40 million first phase of a new clinical science center at the Roswell Park Cancer Institute; and the current $375 million construction of the new medical school for the State University of New York at Buffalo (“UB”), being built at the Medical Campus and scheduled to open in fall 2016.
At the former Bethlehem Steel site in Lackawanna, with County funds and investment, ECIDA inducements and strong State support, the Canadian manufacturer Welded Tube has opened a specialty steel manufacturing center. This investment in the brownfield, including new rail lines and utility service, is attracting other investment, including the North American Salt Company which plans to build a $7.3 million facility to import, package and ship bulk salt from a six-acre site at the former Bethlehem property.
Under the State’s “Buffalo Billion” economic development initiative, the State has committed $1 billion in resources for the purpose of creating hundreds to thousands of new jobs to spur the local economy. As a result a wide range of projects are underway, in close consultation with the County and the ECIDA.
As part of the “Buffalo Billion” program, in February 2014, Governor Andrew Cuomo announced that IBM would anchor a major new information technology center in downtown Buffalo that will bring 500 jobs and in which the State will spend $55 million on construction and computer infrastructure. This Buffalo Information Technologies Innovation and Commercialization Hub opened in 2015.
Another “Buffalo Billion” initiative is in the area of health sciences and two firms, Albany Molecular Research and PerkinElmer, are major tenants in a pharmaceutical development center which is under construction at the Buffalo Niagara Medical Campus. At the Medical Campus, $50 million in State investment is attracting $200 million in private-sector investment and 250 initial jobs.
Another “Buffalo Billion” agenda item involves redeveloping the former Republic Steel brownfield site in Buffalo. Renamed “RiverBend,” the site is being redeveloped by the State and Tesla. The State has invested $750 million in the site, building the largest solar panel factory in the western hemisphere. Tesla plans to invest $5 billion, including payroll and operating expenses, over ten years. The project is projected to bring approximately 3,000 jobs to the region. Construction of the plant is complete and production has started in the facility.
Governor Cuomo has commenced an initiative called START-UP NY (SUNY Tax-free Areas to Revitalize and Transform Upstate NY). This is a program to transform State University of New York campuses and other university communities across the State into tax-free communities for new and expanding businesses. At UB eight companies are participating through their affiliation with UB and are projected to generate a combined 204 jobs over the next five years and will collaborate with UB faculty researchers and students.
Unemployment in Buffalo-Niagara is 4.5% in July 2018, compared to 8.9% in July 2012.
Transportation
The existing transportation network in the County provides for all modes of travel. The unique geographic location, which includes four highway and two rail entry points into Canada from Erie and Niagara Counties, has
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afforded strategic transportation advantages and it is the primary reason that the County continues to serve as a transportation hub for the region.
Railroad infrastructure in the County is extensive, and includes passenger rail service provided by Amtrak (along the CSX rail corridor), commuter rail service within the City of Buffalo, four of the seven national Class I railroads, CSX and Norfolk Southern, Canadian National and Canadian Pacific, several short line railroads providing easy freight and passenger access to United States and Canadian markets. It is one of the largest rail centers in the United States and one of the few centers with international connections. Rail transportation continues to be one of the County’s largest industries employing more than 2,100 persons with payrolls totaling approximately $10 million a month.
The Buffalo-Niagara International Airport, located in Cheektowaga, offers commercial passenger service through seven airlines. In addition, the airport serves as a major distribution center for air cargo traffic through four major operators. The County also has three general aviation airports that serve smaller general aviation aircraft.
In addition to rail and air service, the County has a large trucking industry with 10 transcontinental carriers, 23 international carriers, two transcontinental heavy equipment haulers, and numerous common carriers. Of the four highway international crossings in the region, only the Peace Bridge is located in the County. However, the Peace Bridge is by far the busiest with approximately 6 million crossings annually.
The Niagara River and Lake Erie serve as the western boundary of the County. The Port of Buffalo provides an outlet to the Great Lakes System and to the Atlantic Ocean via the Welland Canal, Lake Ontario and the St. Lawrence Seaway. In recent years there has been a major push to redevelop Buffalo’s waterfront, with restoration of the original commercial slip along with other recreational and employment projects.
Educational, Cultural, Media and Recreational Facilities
There are eight colleges and universities, four community and junior colleges, and various vocational and technical schools located in the County. Erie Community College consists of three campuses: Williamsville, downtown Buffalo; and Orchard Park, with more than 10,000 students enrolled (See “RELATED ENTITIES-Erie Community College” herein).
UB is the largest and most comprehensive component of the State University system. In 2017, more than 30,648 students were enrolled in its undergraduate and graduate programs, and it had approximately 6,043 full time equivalent employees (see Table 23).
A wide assortment of vocational and other specialized educational programs offered in the County are administered through a Board of Cooperative Educational Services (“BOCES”), with financial aid provided by cooperating school districts.
An important contribution to the area’s educational facilities is the Buffalo and Erie County Public Library System. The Library System consists of a Central Library, eight branches in the City of Buffalo and twenty-two contracting member libraries, which operate twenty-eight facilities in the County, and house approximately 5,000,000 volumes. In addition the Library System boasts a number of unique and valuable community assets including ownership of Mark Twain’s The Adventures of Huckleberry Finn manuscript and a complete collection of John James Audubon’s The Birds of America, as well as the valuable resources contained the Mark Twain Room and the Grosvenor Rare Book Room.
The County has 13 hospitals with over 3,100 beds, including the 550-bed, acute care facility managed by the ECMCC, a U.S. Department of Veterans Affairs medical center and a medical school at UB. The Roswell Park Cancer Institute is a major medical research and treatment facility located in Buffalo with 133 total beds.
In 2004, the Network became a public benefit corporation, known as Erie County Medical Center Corporation, an autonomous health system. In 2008, following a recommendation from the State Commission on Healthcare Facilities in the 21st Century, ECMCC combined with Kaleida Health and UB to form a new joint entity
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called Great Lakes Health. ECMCC has completed approximately $160 million in new buildings including a center for transplantation and kidney care and adjacent medical offices, as well as a move of the Erie County Home from its former location in Alden, NY to a new facility adjacent to the Erie County Medical Center in the City of Buffalo.
The Buffalo Niagara Medical Campus (“BNMC”) is a consortium of the region’s premier health care, life sciences research, and medical education institutions, all located on 120 acres in downtown Buffalo. The BNMC is dedicated to the cultivation of a world-class medical campus for clinical care, research, education, and entrepreneurship and consists of member agencies including UB, Kaleida Health, Hauptman Woodward Medical Research Institute, Roswell Park Cancer Institute, and other private sector non-profit groups. The BNMC has 6.5 million square feet of existing research, clinical, and support space today.
The County is served by a morning newspaper published by the Buffalo News, Inc. with a circulation of more than 200,000. In addition, approximately 40 weekly newspapers, and local, general and special interest magazines and periodicals are circulated throughout the County. The area is served by 24 radio stations with a diverse range of programming, seven television stations (four of which are national network affiliates), and several cable TV companies covering multi-channel fare to a growing list of subscribers.
The County is home to a number of professional sports teams including the Buffalo Bills football team, Buffalo Sabres hockey team, the Buffalo Bisons minor league baseball team, and the Buffalo Bandits lacrosse team.
The Buffalo area has attained a national reputation for a broad diversity of ethnic heritage and culture. Cultural centers include Kleinhans Music Hall (home of the Buffalo Philharmonic Orchestra), Burchfield-Penney Art Center, the KeyBank Center, the Naval and Servicemen’s Park, the Buffalo Zoo, the Albright-Knox Art Gallery, the Museum of Natural Science, the Buffalo History Museum, the Botanical Gardens, and others.
For many years there has been an emphasis on enhancing the “quality of life” and on further developing the region’s considerable cultural and recreational potential as another means of attracting and retaining investment and jobs. This includes the County’s significant investment in recent years in the area’s cultural institutions, including Frank Lloyd Wright’s Darwin Martin House, Graycliff Estate and Rowing Boathouse, the Albright-Knox Art Gallery and the Buffalo Zoo. The County continues to serve as a significant source of annual operational funding to dozens of local agencies.
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County Employees
County employees are represented by nine labor organizations, most of which have been recognized by the County since shortly after the enactment of the Taylor Law of 1967. It is important to note that employees at Erie Community College represented by the Faculty Federation and Administrators Association are not County employees, although they are represented under the County contracts.
# of Full-time Active Employees Date Contract Organizations At 08/01/18 Expires/Expired Represents
CSEA 2,515 12/31/22 White Collar AFSCME 582 12/31/21 Blue Collar NYSNA 32 12/31/17 Nurses CSEA CO’S 255 12/31/17 Sheriff-Correction Officers and Medical Staff Teamsters 536 12/31/18 Sheriff-Holding Center Deputies and Medical Staff PBA 148 12/31/21 Sheriff-Police Division Librarians 76 12/31/17 BECPL Professional Librarians Faculty 364 08/31/20 ECC Faculty Administrators 137 08/31/20 ECC Administration
______SOURCES: 2018 Erie County Executive’s Budget Message and Summary Erie Community College
The numbers of full-time positions authorized by the 2018 County budget are as follows:
2018 Authorized Full-Time Positions (Excluding Grant Fund, Sewer Fund and Erie Community College Positions)
General Fund ...... 2,150 Social Services ...... 1,418 Highway Division, County Road Fund ...... 184 E-911 ...... 77 Library Fund ...... 203 Utilities Fund ...... 2 Total Positions ...... 4,034
______SOURCE: 2018 County of Erie Adopted Budget
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County Employees
County employees are represented by nine labor organizations, most of which have been recognized by the County since shortly after the enactment of the Taylor Law of 1967. It is important to note that employees at Erie Community College represented by the Faculty Federation and Administrators Association are not County employees, although they are represented under the County contracts.
# of Full-time Active Employees Date Contract Organizations At 08/01/18 Expires/Expired Represents
CSEA 2,515 12/31/16 White Collar AFSCME 582 12/31/16 Blue Collar NYSNA 32 12/31/17 Nurses CSEA CO’S 255 12/31/17 Sheriff-Correction Officers and Medical Staff Teamsters 536 12/31/18 Sheriff-Holding Center Deputies and Medical Staff PBA 148 12/31/21 Sheriff-Police Division Librarians 76 12/31/17 BECPL Professional Librarians Faculty 364 08/31/20 ECC Faculty Administrators 137 08/31/20 ECC Administration
______SOURCES: 2018 Erie County Executive’s Budget Message and Summary Erie Community College
County Employee Pension Benefits
Substantially all employees of the County eligible for pension or retirement benefits under the Retirement and Social Security Law of the State of New York are members of the State and Local Employees” Retirement System (“ERS”). ERS is a cost-sharing multiple public employer retirement system. The obligation of employers and employees to contribute and the benefits to employees are governed by the State Retirement and Social Security Law (the “Retirement System Law”). ERS offers a wide range of plans and benefits which are related to years of service and final average salary, vesting of retirement benefits, death and disability benefits and optional methods of benefit payments. All benefits generally vest after five years of credited service for members of Tier I through IV and ten years of credited service for members of Tiers V and Tier VI. The Retirement System Law generally provides that all participating employers in each retirement system are jointly and severally liable for any unfunded amounts. Such amounts are collected through annual billings to all participating employers. Generally, all employees, except certain part-time employees, participate in ERS. ERS is non-contributory with respect to members hired prior to July 27, 1976. All members hired on or after July 27, 1976 and before January 1, 2010 must contribute 3% of their gross annual salary toward the costs of retirement programs. The 3% contribution is waived when the employee completes ten (10) years of service. Members hired on or after January 1, 2010 and before April 1, 2012 are members of Tier V. Tier V members are required to contribute 3% of their salaries toward pension costs as long as they accumulate additional pension credits. Members hired after April 1, 2012 are members of Tier VI. Tier VI members are required to contribute from 3% to 6% of their salaries based on a sliding scale toward pension costs as long as they accumulate additional pension credits.
ERS invoice payments are due February 1st of the following year. The ERS offers pre-payment by December 15th at a discounted amount.
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ERS billings and County* payments for pension benefits for the past five years are summarized as follows:
Total Amount Billed by ERS (Due February 1 Discounted Regular Discounted Total Discounted Year of Following Year) Pension Contribution Adjustments Amount Paid 2017 $39,451,315 $39,034,925 $84,151 $39,119,076 2016 39,476,492 38,914,816 229,225 39,144,041 2015 42,770,279 43,486,366 (1,100,989) 42,385,377 2014 48,161,886 48,155,941 (427,477) 47,728,464 2013 48,050,188 49,872,829 (2,255,058) 47,617,771
* Includes Erie County, Erie Community College and the Library Component Unit
SOURCES: Erie County Comptroller’s Office and The New York State & Local Retirement System
The estimated 2017 invoice of $39,451,315 due February 1, 2018 was paid on December 15, 2017 at a discounted amount of $39,119,076. The discounted estimated invoice included an adjustment amount of $84,151 for prior years’ adjustments.
Other Post-Employment Benefits
In applying the requirements of GASB Statement No.45 (adopted during the year ended December 31, 2007), the County recognizes the cost of post-employment healthcare in the year when the employee services are received, reports the accumulated liability from prior years, and provides information useful in assessing potential demands on the County’s future cash flows. Recognition of the liability accumulated from prior years is being phased in over 30 years, commencing with the 2007 liability.
For the fiscal year ended December 31, 2017, the County’s annual other post-employment benefits (“OPEB”) cost (expense) of $83,663,569 is equal to the Annual Required Contribution (“ARC”), which is $90,568,500, minus certain adjustments which totaled $6,904,931. Those adjustments were: interest on the net OPEB obligation and adjustment to the ARC Considering the annual expense as well as payments for current health insurance premiums, which totaled $33,172,401 for retirees and their beneficiaries, the result was an increase in the net OPEB obligation of $50,491,168 for the year ended December 31, 2017.
The OPEB plan was unfunded, resulting in an unfunded accrued liability (“UAAL”) of $922,946,638 for governmental activities and $159,805,000 for business-type activities as of December 31, 2017. The most recent actuarial valuation date was January 1, 2016.
Annual OPEB Cost and Net OPEB Obligation (in 000’s)
Governmental Business-type Primary Government Activities Activities* Total Actuarial Accrued Liability (AAL) $922,947 $159,805 $1,082,752 Unfunded actuarial accrued liability (UAAL) 922,947 159,805 1,082,752 Normal cost at beginning of year 31,941 7,012 38,953 Amortization factor based on 30 years 17.40 17.40 17.40 Annual covered payroll 209,308 58,951 268,259 UAAL as a percentage of covered payroll 440.95% 271.08% 403.62%
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Level Dollar Amortization Calculation of ARC under Projected Unit Credit Method (in 000’s)
Primary Governmental Business-type Government Activities Activities* Total ARC normal cost with interest to end of year $31,941 $7,012 $38,953 (UAAL) over 30 years with interest at end of year 58,627 9,813 68,440 Annual Required Contribution (ARC) 90,568 16,825 107,393 Interest on net OPEB obligation 17,512 3,162 20,674 Adjustment to ARC (24,417) (4,409) (28,826) Annual OPEB cost (expense) 83,663 15,578 99,241 Contribution for fiscal year ended December 31, 2017 (33,172) (5,500) (38,672) Increase in net OPEB obligation 50,491 10,078 60,659 Net OPEB obligation December 31, 2016 407,253 73,536 480,789 Net OPEB obligation December 31, 2017 457,744 83,614 541,358 Percent of ARC contributed: 36.63% 32.69% 36.01% Percent of annual OPEB cost contributed: 39.65% 35.31% 38.97%
* Erie Community College (August 31, 2017)
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LITIGATION
The County, its officers, and its employees are defendants in numerous lawsuits. The Department of Law of the County, headed by the County Attorney, has reviewed the status of pending individual cases to determine if there are any that may result in a judgment against the County for an amount of at least $5,000,000 or, if aggregated with similar cases, may result in $10,000,000 of liability. The County Attorney has advised there are no such cases pending against the County, with the exception of the following matters.
In November of 2013, the estate of an individual commenced an action pursuant to 42 U.S.C. § 1983 and New York State law against the County, the County Sheriff’s Office, as well as several employees of the Erie County Sheriff’s Office, in New York State Supreme Court, Erie County, alleging claims of wrongful death, assault, battery, intentional infliction of emotional distress, deprivation of medical treatment, excessive force, and negligent supervision, as the result of an incident that occurred at the County Holding Center. The complaint alleges that the inmate died as a result of the incident involving the inmate and Sheriff’s Office employees. As this case is still in the midst of discovery, the potential cost of an adverse determination on liability and damages cannot be determined at this time.
In May of 2017, the estate of an individual commenced an action in state court pursuant to 42 U.S.C. §1983 and tort actions under New York State law. This is filed against the County, the Erie County Sheriff’s Office, an unnamed Sheriff’s deputy, and a jail nurse. The estate also sued several contract employees who provide forensic mental health services, another municipal entity, a hospital, and the psychiatric service that provides the contract employees. The matter was removed to federal court (the Western District of New York) and the court permitted the estate to file an Amended Complaint. The allegations in the Amended Complaint directed to the County and Sheriff’s Office are for medical malpractice, violation of civil rights arising from inadequate care, and wrongful death; the gravamen of the claim is that the inmate died as a result of allegedly inadequate care. This case is still in the early pleadings stage; defendants are in the process of serving their Answer to the Amended Complaint. As this case has not yet proceeded to discovery, the potential cost of an adverse determination on liability and damages cannot be determined at this time.
SELF-INSURANCE
In order to provide for the payment of automobile and general liability claims, the County has instituted a program of self-insurance risk management. The County sets aside funds at the end of each fiscal year to provide for anticipated liabilities, which may accrue during the following year. Although the fund is not actuarially based, the annual reserves have historically been sufficient to cover all claims. In June 2018, as part of the 2017 fiscal year close out, $1,500,000 was set aside in addition to a $2,500,000 appropriation in the 2018 adopted budget for the Risk Retention Fund, resulting in a total set aside amount of $4,000,000.
TAX MATTERS
Federal Income Taxes
In the opinion of Harris Beach PLLC, Bond Counsel to the County, based on existing statutes, regulations, administrative rulings and court decisions, and assuming compliance by the County with certain covenants and the accuracy of certain representations, interest on the Bonds is excluded from gross income for Federal income tax purposes.
The Internal Revenue Code of 1986, as amended (the “Code”), imposes various limitations, conditions and other requirements which must be met at and subsequent to the respective dates of issue of the Bonds in order that interest on the Bonds will be and remain excluded from gross income for Federal income tax purposes. Included among these requirements are restrictions on the investment and use of proceeds of the Bonds and in certain circumstances, payment of amounts in respect of such proceeds to the United States. Failure to comply with the requirement of the Code may cause interest on the Bonds to be includable in gross income for purposes of Federal income tax, possibly from the respective dates of issuance thereof. The County has covenanted to comply with certain procedures and it has made certain representations and certifications, designed to assure
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satisfaction of the requirements of the Code in respect to the Bonds. The opinion of Bond Counsel assumes compliance with such covenants and the accuracy, in all material respects, of such representations and certifications.
Bond Counsel is of the further opinion that interest on the Bonds is not an “item of tax preference” for purposes of Federal alternative minimum tax on individuals, and for tax years beginning prior to January 1, 2018, the federal alternative minimum tax imposed on corporations; interest on the Bonds is, however, included in “adjusted current earnings” for purposes of calculating the Federal alternative minimum tax imposed on certain corporations with respect to tax years beginning prior to January 1, 2018. Corporate purchasers of the Bonds should consult with their tax advisors concerning the computation of any alternative minimum tax.
Prospective purchasers of the Bonds should be aware that ownership of the Bonds, and the accrual or receipt of interest thereon, may have collateral Federal income tax consequences for certain taxpayers, including financial institutions, property and casualty insurance companies, S corporations, certain foreign corporations, individual recipients of Social Security or Railroad benefits and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry such obligations. Prospective purchasers should consult their tax advisors as to any possible collateral consequences of their ownership of the Bonds and their accrual or receipt of interest thereon. Bond Counsel expresses no opinion regarding any such collateral Federal income tax consequences.
The Bonds will NOT be designated as “qualified tax exempt obligations” within the meaning of, and pursuant to Section 265(b)(3) of the Code.
State and Local Income Taxes
In the opinion of Bond Counsel, interest on the Bonds is exempt from personal income taxes imposed by the State or any political subdivision thereof (including The City of New York).
Any noncompliance with the federal income tax requirements set forth above with respect to the Bonds would not affect the exemption of interest thereon from personal income taxes imposed by the State of New York or any political subdivision thereof.
Bond Counsel expresses no opinion regarding any other state or local tax consequences related to the ownership or disposition of, or the receipt or accrual of interest on, the Bonds.
Interest on the Bonds may or may not be subject to state or local income taxes in jurisdictions other than the State of New York under applicable state or local tax laws. Bond Counsel expresses no opinion, however, as to the tax treatment of the Bonds under other state or local jurisdictions. Each purchaser of the Bonds should consult his or her own tax advisor regarding the taxable status of the Bonds in a particular state or local jurisdiction other than the State of New York.
Other Considerations
Bond Counsel has not undertaken to determine or to inform any person whether any actions taken (or not taken) or events occurring (or not occurring) after the respective dates of issuance and delivery of the Bonds may affect the tax status of interest on the Bonds.
No assurance can be given that any future legislation, including amendments to the Code or the State income tax laws, regulations, administrative rulings, or court decisions, will not, directly or indirectly, cause interest on the Bonds to be subject to Federal or State income taxation, or otherwise prevent Bondholders from realizing the full current benefit of the tax status of such interest. Further, no assurance can be given that the introduction or enactment of any such future legislation, or any judicial decision or action of the Internal Revenue Service or any State taxing authority, including, but not limited to, the promulgation of a regulation or ruling, or the selection of the Bonds for audit examination, or the course or result of any Internal Revenue Service
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examination of the Bonds or of obligations which present similar tax issues, will not affect the market price or marketability of the Bonds. Prospective purchasers of the Bonds should consult their own tax advisors regarding the foregoing matters.
All summaries and explanations of provisions of law do not purport to be complete and reference is made to such laws for full and complete statements of their provisions.
ALL PROSPECTIVE PURCHASERS OF THE BONDS SHOULD CONSULT WITH THEIR TAX ADVISORS IN ORDER TO UNDERSTAND THE IMPLICATIONS OF THE CODE AS TO THE TAX CONSEQUENCES OF PURCHASING OR HOLDING THE BONDS.
RATINGS
The Bonds have been assigned ratings of “AA-“ by Standard and Poor’s Corporation (“S&P”) and “A+” by Fitch Ratings on the date of the initial issuance and delivery of the Bonds.
Such ratings reflect only the views of such organizations and any desired explanation of the significance of such ratings may be obtained only from the rating agency furnishing the same. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance such ratings will continue for any given period of time, or that such ratings will not be revised downward or withdrawn entirely by the respective rating agency, if in the judgment of such rating agency, circumstances so warrant. Any such downward revision or withdrawal of such rating may have an adverse effect on the market price of the Bonds.
A securities rating is not a recommendation to buy, sell or hold securities and may be subject to revision or withdrawal at any time.
MARKET FACTORS
The financial condition of the County, as well as the market for the Bonds, could be affected by a variety of factors, some of which are beyond the County’s control. There can be no assurance that adverse events in the State, including, for example, the seeking by a municipality of remedies pursuant to the Federal Bankruptcy Code or otherwise, will not occur which might affect the market price of and the market for the Bonds. If a significant default or other financial crisis should occur in the affairs of the United States of America or the State or of any of its agencies or political subdivisions, this could adversely affect both the ability of the County to arrange for additional borrowings, and the market for and market value of outstanding debt obligations, including the Bonds.
As previously stated, the County is partially dependent on financial assistance from the State. The State has previously experienced cash flow difficulties, and future State cash flow difficulties and/or delays in the adoption of future State budgets could create significant cash flow difficulties for the County through delays in the timely reimbursement to the County by the State for social, health and human service programs administered by the County. There can be no assurance that State appropriations of financial assistance to the County will not be reduced below amounts currently anticipated to be received, or that payments of State aid to the County will be timely. See “COUNTY FINANCES – 2018 County Budget.”
The enactment of the Tax Levy Limitation Law, which imposes a tax levy limitation upon municipalities, school districts and fire districts in the State, including the County, without providing an exclusion for debt service on obligations issued by municipalities and fire districts, including the County, could have an impact upon the market price for the Bonds. See “REVENUE SOURCES AND EXPENDITURES - The Tax Levy Limitation Law” herein.
DISCLOSURE UNDERTAKING
At the time of the delivery of the Bonds, the County will provide an executed copy of its “Undertaking to Provide Continuing Disclosure” (the “Undertaking”) in accordance with Rule 15c2-12 of the Securities and
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Exchange Commission promulgated under the Securities Exchange Act of 1934 (the “Exchange Act”). The Undertaking will constitute a written agreement or contract of the County for the benefit of holders of and owners of beneficial interests in the Bonds to provide, or cause to be provided to the Electronic Municipal Market Access System (“EMMA”) implemented by the Municipal Securities Rulemaking Board (the “MSRB”), established pursuant to Section 15B(b)(1) of the Exchange Act, as follows:
(1) Annual Information. The required Annual Information shall consist of (i) the financial information and operating data for the preceding fiscal year, in a form generally consistent with the information contained or cross-referenced in this Official Statement under the captions “Indebtedness of the County”, “County Finances”, “Revenue Sources and Expenditures”, and “Litigation” and (ii) the audited financial statement, if any, of the County for each fiscal year. The County shall file the Annual Information on or prior to the 270th day following the end of each fiscal year, commencing with the fiscal year ending December 31, 2018. If audited financial statements are not available, unaudited financial statement shall be filed and audited financial statements shall be filed within 30 days after they become available and, in no event later than 360 days after the end of each fiscal year.
(2) In a timely manner not in excess of ten (10) business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds:
(a) principal and interest payment delinquencies;
(b) non-payment related defaults, if material;
(c) unscheduled draws on debt service reserves reflecting financial difficulties;
(d) in the case of credit enhancement, if any, provided in connection with the issuance of the Bonds, unscheduled draws on credit enhancements reflecting financial difficulties;
(e) substitution of credit or liquidity providers, or their failure to perform;
(f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds;
(g) modifications to rights of Bond holders, if material;
(h) bond calls, if material, and tender offers;
(i) defeasances;
(j) release, substitution, or sale of property securing repayment of the Bonds;
(k) rating changes;
(l) bankruptcy, insolvency, receivership or similar event of the County;
(m) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and
(n) appointment of a successor or additional trustee or the change of name of a trustee, if material.
(3) In a timely manner, notice of its failure to file the afore-described annual financial information, operating data, audited financial statement, if any, and event notices on or before the date specified.
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Event (c) is included pursuant to a letter from the SEC staff to the National Association of Bond Lawyers dated September 19, 1995. However, event (c) is not applicable, since no “debt service reserves” will be established for the Bonds.
With respect to event (d) the County does not undertake to provide any notice with respect to credit enhancement added after the primary offering of the Bonds.
With respect to event (l) above, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the County in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or government authority has assumed jurisdiction over substantially all of the assets or business of the County, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the County. Event (l) does not include the engagement by the County of a fiscal agent for a financing transaction.
The County may from time to time choose to provide notice of the occurrence of certain other events, in addition to those listed above, if the County determines that any such other event is material with respect to the Bonds; but the County does not undertake to commit to provide any such notice of the occurrence of any material event except those events listed above.
The County’s Undertaking shall remain in full force and effect until such time as the principal of, redemption premiums, if any, and interest on the Bonds shall have been paid in full. The sole and exclusive remedy for breach or default under the Undertaking is an action to compel specific performance of the undertakings of the County, and no person or entity, including a holder of the Bonds, shall be entitled to recover monetary damages thereunder under any circumstances. Any failure by the County to comply with the Undertaking will not constitute a default with respect to the Bonds.
The County reserves the right to amend or modify the Undertaking under certain circumstances set forth therein; provided that, any such amendment or modification will be done in a manner consistent with Rule 15c2-12 as then in effect.
Compliance History
Continuing disclosure undertakings which were provided by the County with respect to its previous bond issues require the filing with EMMA of audited financial statements and certain financial and operating data of the type contained in the respective official statements relating to each of such bond issues. Although the audited financial statements of the County were filed with EMMA in a timely manner in compliance with the existing continuing disclosure undertakings for fiscal years 2012 to 2017, certain required financial information, budget information and material events were not filed on a timely basis. Notices of non-compliance with such continuing disclosure undertakings were filed with EMMA. Corrective filings relating to such financial information, budget information and material events were filed on EMMA on: July 25, 2014; October 14, 2014; July 16, 2015; September 10, 2015 October 14, 2015; July 22, 2016; November 10, 2016; and September 12, 2017.
Due to an administrative oversight, the County’s annual operating information filings to EMMA for fiscal years 2012 to 2014 did not include certain tabular information entitled “Summary of Revenues and Expenditures, Four Year Plan.” This required financial information was not timely filed with EMMA for fiscal year 2015. Information for fiscal year 2015 has since been filed (on November 10, 2016), including a notice of late filing. Given that these numbers include projections for years past, the County did not file corrective filings for fiscal years 2012 to 2014.
The County filed an event notice on September 12, 2017 with EMMA stating that since 1987, the Sewer debt amounts shown as exclusions in the County’s Official Statement tables showing calculation of both Total Net Indebtedness and Direct General Obligation Indebtedness Outstanding were incorrectly shown because the County had not obtained the required approval by the Office of the State Comptroller for such exclusions. The County is in
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the process of obtaining such approval and will implement procedures to ensure that this does not occur in the future with respect to exclusion of future Sewer debt issuance.
The County has established procedures to ensure that future filings of continuing disclosure information will be complete and will be undertaken in a timely manner in compliance with existing continuing disclosure obligations, including transmitting such filings to the MSRB through EMMA.
LEGAL MATTERS
Legal matters incident to the authorization, issuance, and sale of the Bonds will be subject to the final approving opinion of Harris Beach PLLC, Buffalo, New York, Bond Counsel to the County. Such legal opinion will state that (i) in rendering the opinions expressed therein, Bond Counsel has assumed the accuracy and truthfulness of all public records, documents and proceedings examined by Bond Counsel which have been executed or certified by public officials acting within the scope of their official capacities, and has not verified the accuracy or truthfulness thereof, and Bond Counsel also has assumed the accuracy of the signatures appearing upon such public records, documents and proceedings and such certifications; (ii) the scope of Bond Counsel’s engagement in relation to the issuance of the Bonds has extended solely to the examination of the facts and law incident to rendering the opinions expressed therein; and (iii) the opinions expressed therein are not intended and should not be construed to express or imply any conclusion that the amount of real property subject to taxation within the boundaries of the County together with other legally available sources of revenue, if any, will be sufficient to enable the County to pay the principal of and interest on the Bonds as the same become due and payable. In addition, while Bond Counsel has participated in the preparation of the Official Statement, it has not verified the accuracy, completeness or fairness of the factual information contained therein and, accordingly, no opinion is expressed by Bond Counsel in connection therewith.
Certain legal matters will be passed on for the Underwriters by Bond, Schoeneck & King, PLLC, Buffalo, New York, as Underwriters’ Counsel.
UNDERWRITING
The Underwriters of the Bonds (listed on the cover page hereof), have agreed, subject to certain conditions, to purchase the Bonds from the County at a price of $______, which reflects an Underwriters' discount of $______. The Bonds are being purchased for reoffering by the Underwriters, for whom Jefferies LLC ("Jefferies") is acting as Lead Manager. The initial public offering prices for the Bonds are set forth on the inside cover page of this Official Statement. The Bonds may be offered and sold to certain dealers (including dealers depositing such Bonds into unit investment trusts) at prices lower than the initial public offering prices. The initial public offering prices may be changed from time to time by the Underwriters.
In connection with the public offering of the Bonds, the Underwriters will be receiving compensation in the amount of the Underwriters’ discount. The Underwriters’ obligation under the Contract of Purchase to accept delivery of the Bonds is subject to certain terms and conditions, including the approval of certain legal matters by counsel. The public offering prices set forth on the inside cover page hereof may be changed from time to time at the discretion of the Underwriters.
Jefferies has entered into an agreement (the “Agreement”) with E*TRADE Securities LLC (“E*TRADE”) for the retail distribution of municipal securities. Pursuant to the Agreement, Jefferies may sell a portion of the Bonds to E*TRADE and will share a portion of its selling concession compensation with E*TRADE.
INVESTMENT POLICY
Pursuant to the statutes of the State of New York, the County is permitted to invest only in the following investments: (1) special time deposit accounts in or certificates of deposit issued by a bank or trust company located and authorized to do business in the State of New York; (2) obligations of the United States of America; (3) obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America; (4) obligations of the State of New York; (5) with the approval of the
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State Comptroller, tax anticipation notes and revenue anticipation notes issued by any New York municipality or district corporation, other than the County; (6) obligations of a New York public corporation which has made lawful investments for the County pursuant to another provision of law; (7) certain certificates of participation issued on behalf of political subdivisions of the State of New York; and (8) in the case of County monies held in certain reserve funds established pursuant to law, obligations issued by the County. These statutes further require that all bank deposits, in excess of the amount insured under the Federal Deposit Insurance Act, be secured by a pledge of eligible securities.
MUNICIPAL ADVISOR
Hilltop Securities Inc. ("HilltopSecurities") is employed as Municipal Advisor to the County in connection with the issuance of the Bonds. The Municipal Advisor’s fee for services rendered with respect to the sale of the Bonds is contingent upon the issuance and delivery of the Bonds. HilltopSecurities, in its capacity as Municipal Advisor, does not assume any responsibility for the information, covenants and representations contained in any of the legal documents with respect to the federal income tax status of the Bonds, or the possible impact of any present, pending or future actions taken by any legislative or judicial bodies.
The Municipal Advisor to the County has provided the following sentence for inclusion in this Official Statement. The Municipal Advisor has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to the County and, as applicable, to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Municipal Advisor does not guarantee the accuracy or completeness of such information.
OTHER INFORMATION
Additional information may be obtained upon request from the Office of the County Comptroller, telephone (716) 858-8400 or from Hilltop Securities Inc., telephone (212) 642-4350.
Any statements made in this Official Statement and indicated to involve matters of opinion or estimates are represented to be opinions or estimates held or made in good faith. No assurance can be given, however, that the facts will materialize as so opined or estimated. Neither this Official Statement, nor any statement respecting the County or the Bonds which may have been made orally or in writing, is to be construed as a contract with the owners of the Bonds.
This Official Statement is submitted only in connection with the sale of the Bonds by the County, and may not be reproduced or used in whole or in part for any other purposes.
COUNTY OF ERIE, NEW YORK Erie County Comptroller’s Office
By: Stefan I. Mychajliw County Comptroller
Dated: October , 2018
63
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APPENDIX A
County of Erie New York Comprehensive Annual Financial Report for the Year Ended December 31, 2017 and Independent Auditors’ Report
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COUNTY OF ERIE
NEW YORK
Comprehensive Annual Financial Report
For the Year Ended December 31, 2017
STEFAN I. MYCHAJLIW
Erie County Comptroller
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COUNTY OF ERIE, NEW YORK
COMPREHENSIVE ANNUAL FINANCIAL REPORT
For the Year Ended December 31, 2017
Prepared By: Erie County Comptroller's Office STEFAN I. MYCHAJLIW Erie County Comptroller
______COUNTY OF ERIE, NEW YORK
TABLE OF CONTENTS FOR THE YEAR ENDED DECEMBER 31, 2017
INTRODUCTORY SECTION Page
Letter of Transmittal ...... i-v GFOA Certificate of Achievement ...... vi Organizational Chart ...... vii Summary of Elected Officials ...... viii
FINANCIAL SECTION
Independent Auditors' Report ...... 1-3 Management’s Discussion and Analysis ...... 4-12 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Position ...... 14-15 Statement of Activities ...... 16-17 Fund Financial Statements: Balance Sheet – Governmental Funds ...... 18 Reconciliation of the Balance Sheet – Governmental Funds to the Government-wide Statement of Net Position ...... 19 Statement of Revenues, Expenditures and Changes in Fund Balances – Governmental Funds ...... 20 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds to the Government-wide Statement of Activities ...... 21 General Fund – Statement of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual (Non-GAAP Basis of Accounting) ...... 22 Statement of Net Position – Proprietary Funds ...... 23 Statement of Revenues, Expenses and Changes in Net Position – Proprietary Funds ...... 24 Statement of Cash Flows – Proprietary Funds ...... 25-26 Statement of Net Position – Agency Fund ...... 27 Notes to the Financial Statements ...... 29-88 Required Supplementary Information: Schedule of Funding Progress – Other Post-Employment Benefits Plan – Primary Government ...... 90 Schedule of Local Government’s Proportionate Share of the Net Pension Liability – Employees’ Retirement System – Primary Government ...... 91 Schedule of Local Government’s Contributions – Employees’ Retirement System – Primary Government ...... ………………………………………………………………………...... 92 Schedule of Local Government’s Proportionate Share of the Net Pension Liability/(Asset) – Teacher’s Retirement System – Primary Government ...... 93 Schedule of Local Government’s Contributions – Teacher’s Retirement System – Primary Government ...... 94 Combining and Individual Fund Financial Statements and Schedules: Nonmajor Governmental Funds: Combining Balance Sheet – Nonmajor Governmental Funds ...... 98-101 Combining Statement of Revenues, Expenditures and Changes in Fund Balances – Nonmajor Governmental Funds ...... 102-105
(continued)
COUNTY OF ERIE, NEW YORK ______
TABLE OF CONTENTS FOR THE YEAR ENDED DECEMBER 31, 2017
FINANCIAL SECTION (concluded)
Page Combining and Individual Fund Financial Statements and Schedules: (concluded) Nonmajor Governmental Funds: (concluded) Schedules of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual (Non-GAAP Basis of Accounting): Road Special Revenue Fund ...... 106 Sewer Special Revenue Fund ...... 107 Downtown Mall Special Revenue Fund ...... 108 E-911 Special Revenue Fund ...... 109 Emergency Response Special Revenue Fund ...... 110 Debt Service Fund...... 111 Statement of Changes in Assets and Liabilities – Agency Fund ...... 114 Library Component Unit: Balance Sheet – Library Component Unit ...... 116 Reconciliation of the Balance Sheet – Library Component Unit to the Government-wide Statement of Net Position………………..117 Statement of Revenues, Expenditures and Changes in Fund Balance – Library Component Unit……………………………………………….…..118 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance – Library Component Unit to the Government-wide Statement of Activities....…………….119 Other Component Units: Combining Statement of Net Position – Other Component Units ...... 122 Combining Statement of Activities – Other Component Units ...... 123
STATISTICAL SECTION
Net Position by Component ...... 126-127 Changes in Net Position ...... 128-131 Fund Balances of Governmental Funds ...... 132-133 Changes in Fund Balances of Governmental Funds ...... 134-135 Taxable Sales by Category ...... 136-137 Assessed and Equalized Full Value of Taxable Property ...... 138-139 Direct and Overlapping Property Tax Rates ...... 140 Principal Taxpayers ...... 141 Property Tax Levies and Collections ...... 142-143 Ratios of Outstanding Debt by Type ...... 144 Ratios of General Bonded Debt Outstanding ...... 145 Legal Debt Margin Information ...... 146-147 Pledged-Revenue Coverage ...... 148-149 Direct and Overlapping Governmental Activities Debt ...... 150 Demographic and Economic Statistics ...... 151 Principal Employers ...... 151 Full-time County Government Employees by Function ...... 152-153 Operating Indicators by Function/Program ...... 154-155 Capital Asset Statistics by Function ...... 156-157
(concluded)
INTRODUCTORY SECTION
This section contains the following:
LETTER OF TRANSMITTAL GFOA CERTIFICATE OF ACHIEVEMENT ORGANIZATIONAL CHART SUMMARY OF ELECTED OFFICIALS
Management’s Discussion and Analysis (“MD&A”) immediately follows the independent auditors’ report and provides a narrative introduction, overview, and analysis of the basic financial statements. The MD&A complements this letter of transmittal and should be read in conjunction with it.
PROFILE OF THE GOVERNMENT
Basic Information
The County is a metropolitan center covering 1,058 square miles that is located on the western border of New York State, adjacent to Lake Erie. Situated within the County are 3 cities, 25 towns, and 16 villages, including the City of Buffalo, which serves as the County seat and is the State's second most populous and largest city. The County provides a variety of mandated and discretionary services covering the areas of culture, parks and recreation, social services, police, libraries, youth, health, senior services, roads, mental health, probation, corrections, emergency services, license bureau, and sanitary sewerage.
The County is a major New York industrial and commercial center, and is favorably located relative to the commercial markets of both the United States and Canada. Access to these markets is enhanced by the County’s standing of being among the largest rail centers in the United States; that it is provided trucking services by numerous transcontinental, international and common carriers and is a focal point of international water-borne transportation.
Subject to the New York State Constitution and Laws, the County operates pursuant to a County Charter (“Charter”) and Administrative Code. Additionally, various New York State laws govern the County to the extent that such laws are applicable to counties operating under a charter form of government.
Legislative authority of the County is vested in an 11-member governing body known as the County Legislature (“Legislature”), each member of which is elected for a two-year term. Principal functions of the Legislature include adoption of the annual budget, levying of taxes, review and approval of budget modifications, adoption of local laws, and authorization of the incurrence of all County indebtedness.
In addition to the members of the Legislature, there are five County-wide elected officials, each elected to four-year terms: County Executive, County Comptroller, County Clerk, District Attorney, and Sheriff. The County Comptroller serves as the County’s chief fiscal, accounting, financial reporting and auditing officer.
Component Units
Consistent with criteria promulgated in the GASB Codification, the financial statement reporting entity includes the County of Erie, New York (the primary government) and its significant component units: the Buffalo and Erie County Public Library, the Erie County Medical Center Corporation and its three component units (i.e., Research for Health in Erie County, Inc., ECMC Foundation, Inc. and The Grider Initiative, Inc.), two component units of the Erie Community College proprietary fund (i.e., the Auxiliary Services Corporation of Erie Community College, Inc. and the Erie Community College Foundation, Inc.), the Erie County Fiscal Stability Authority, the Erie Tobacco Asset Securitization Corporation (“ETASC”), and the Buffalo and Erie County Industrial Land Development Corporation, Inc. (“ILDC”). Additional detailed information relating to the specific organizations and the manner of inclusion (discrete presentation or blending) in the reporting entity as component units, and the basis for making such determinations, are also discussed in Note I (B) to the financial statements. ii
Erie County Fiscal Stability Authority
In July 2005, the New York State Legislature and Governor created the Erie County Fiscal Stability Authority (“ECFSA”) to monitor the County’s finances. Under the Erie County Fiscal Stability Authority Act (“Act”), the legislation establishing the ECFSA, the County is required to develop and submit a Four Year Financial Plan to ECFSA for its approval. Under the Act, if the County fails to meet certain criteria, or if the County meets other criteria such as the County having “incurred a major operating funds deficit of one percent or more in the aggregate results of operations of such funds of the County during its fiscal year,” (§ 3959 of the Act) the ECFSA may declare and enter into a “control period.” Under the Act, in a control period, the ECFSA may engage in a number of actions including establishing a wage and/or hiring freeze, setting maximum levels of County spending and requiring its approval for any County borrowing. On November 3, 2006, citing deficiencies in the County’s 2007- 2010 Four Year Financial Plan, ECFSA imposed a control period on Erie County, which continued until June 2009, at which time the ECFSA voted to return to an advisory status in which it continues to function.
ECONOMIC CONDITION AND OUTLOOK
Local Economy
Historically the local economy was built on railroad commerce, steel manufacturing, automobile production, Great Lakes shipping and grain storage. However, following heavy job losses in the manufacturing sector in the 1970’s and early 1980’s, the local economy has become more diversified with growth in the financial, health and service sectors. This diversification has cushioned local impacts during economic downturns, but redevelopment of the local economic base and improvement of the local economy has been a gradual, sometimes sporadic, ongoing process since the mid-1980s.
With respect to the years 2001 to 2012, after the unemployment rate hovered at approximately 5.0 percent during most of the period (i.e., 2001-2008), unemployment in Erie County increased dramatically through 2009 into 2012 as a result of the worldwide recession. Erie County’s unemployment rate in 2017 averaged 5.2 percent, compared to 4.7 percent in New York State and 4.4 percent nationally (source Erie County and NYS: New York State Department of Labor, nationally: United States Bureau of Labor Statistics).
Erie County has increasingly become a center of bioinformatics and medical research including development at the University at Buffalo, Hauptman-Woodward Medical Research Institute, and Roswell Park Cancer Institute. The Buffalo Niagara Medical Campus in downtown Buffalo has continued to grow since its inception in 2001.
Under the New York State's "Buffalo Billion" economic development initiative, the State has committed $1 billion in resources for the purpose of creating hundreds new jobs to spur the local economy. As a result a wide range of projects are underway.
Economic development initiatives continue to progress on the Buffalo Niagara Medical campus, such as Kaleida Health’s $270 million John R. Oishei Children’s Hospital. New York State provided $35 million for the project to close a funding gap, including $15 million from the Buffalo Billion, and $20 million from other State resources. The hospital opened in 2017. (Source: buffalobillion.ny.gov)
iii Across the street from the Oishei Children’s Hospital, the new $375 million Jacobs School of Medicine and Biomedical Sciences building for the State University of New York at Buffalo, an eight story 628,000 square foot building was completed in 2017. The move into the new downtown building began in November, 2017. (Source: buffalo.edu)
On July 15, 2015, the State unveiled plans for the Western New York Workforce Training Center, a new hub that will focus primarily on training for careers in the advanced manufacturing and energy sectors. The center will be named the “Northland Workforce Training Center”. The $44 million project includes funding of $29 million from the Buffalo Billion and $15 million from the New York Power Authority. The center is scheduled for completion in July, 2018. (Source: buffalobillion.ny.gov)
OTHER RELEVANT INFORMATION
Relevant Financial Policies
The County Charter, amended by Local Law 3-2006 and the Budget Modernization Act Local Law 2-2012, includes specific provisions for fund balance. The Charter requires the County to establish and maintain “a balance in the General Fund established in the budget equal to or greater than five percent of the amount contained in the budget of the Fund in the immediately preceding fiscal year.” The Charter also provides for limits and specific requirements governing the County’s use/appropriation of fund balance including legislative approval and that the County may not appropriate fund balance below the five percent level.
Monthly Accrual/Monitoring System
Since 1985, the County has maintained a Budget Monitoring System which compares budgetary estimates at the department and account level to fully accrued actual data on a monthly basis. The monitoring reports are used as a management tool during the fiscal year. All major variances are reconciled and, as appropriate, corrective measures are taken to ensure any projected deficit condition will be prevented or minimized. The County Administration is also required to submit monthly budget monitoring reports to the County Legislature.
Independent Audit
Since 1975, it has been the County's policy to have an independent audit of its annual financial statements performed by a certified public accounting firm. The Charter provides for an independent Audit Committee that is responsible for recommending one or more specific firms to conduct annual audits of the County and the Erie Community College. The County has complied with the Charter’s requirement to have an independent audit performed and the auditors’ opinion is provided in the Financial Section of this report.
Erie County’s 2018 Budget
Under the Charter, the County Executive is required to submit the tentative annual budget to the County Legislature by October 15th. On October 15, 2017, the County Executive presented his 2018 Tentative Budget to the Legislature for review and action. On December 7, 2017, the County Legislature adopted the 2018 Amended Budget.
iv
Government Finance Officers Association
Certificate of Achievement for Excellence in Financial Reporting
Presented to
County of Erie
New York
For its Comprehensive Annual Financial Report for the Fiscal Year Ended
December 31, 2016
Executive Director/CEO
vi COUNTY OF ERIE, NEW YORK ORGANIZATIONAL CHART December 31, 2017
CITIZENS OF ERIE COUNTY
COUNTY COUNTY COUNTY DISTRICT SHERIFF COMPTROLLER LEGISLATURE CLERK EXECUTIVE ATTORNEY
BOARD OF ECC BOARD ELECTIONS ENVIRONMENT BUDGET & PERSONNEL REAL PROPERTY & PLANNING MANAGEMENT TAX OF TRUSTEES
COUNTY PUBLIC EEO VETERAN'S ATTORNEY ADVOCACY AFFAIRS
LABOR PROBATION EMERGENCY CENTRAL RELATIONS SERVICES POLICE SERVICES
INFORM ATION & SOCIAL PUBLIC PARKS & SUPPORT SERVICES SERVICES WORKS RECREATION
HEALTH PURCHASING MENTAL HEALTH SENIOR SERVICES
vii COUNTY OF ERIE, NEW YORK SUMMARY OF ELECTED OFFICIALS December 31, 2017
COUNTY DISTRICT COUNTY COUNTY CLERK SHERIFF EXECUTIVE ATTORNEY COMPTROLLER Michael P. Kearns Mark C. Poloncarz John J. Flynn Timothy B. Howard Stefan I. Mychajliw
ERIE COUNTY LEGISLATORS
District No. 1 Barbara Miller-Williams District No. 7 Patrick B. Burke
District No. 2 Betty Jean Grant District No. 8 Ted B. Morton
District No. 3 Peter J. Savage III District No. 9 Lynne M. Dixon
District No. 4 Kevin R. Hardwick District No. 10 Joseph C. Lorigo
District No. 5 Thomas A. Loughran District No. 11 John J. Mills
District No. 6 Edward A. Rath III
viii
FINANCIAL SECTION
This section contains the following:
INDEPENDENT AUDITORS' REPORT
MANAGEMENT’S DISCUSSION AND ANALYSIS
BASIC FINANCIAL STATEMENTS
REQUIRED SUPPLEMENTARY INFORMATION
COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES
Drescher & Malecki LLP 3083 William Street, Suite 5 Buffalo, New York 14227 Telephone: 716.565.2299 Fax: 716.565.2201 Certified Public Accountants INDEPENDENT AUDITORS’ REPORT
Honorable County Executive Honorable County Comptroller Honorable Members of the County Legislature County of Erie, New York:
Report on the Financial Statements
We have audited the accompanying financial statements of the governmental activities, the business-type activities, the discretely presented component units, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the County of Erie, New York (the “County”), as of and for the year ended December 31, 2017 (with the Erie Community College for the year ended August 31, 2017), and the related notes to the financial statements, which collectively comprise the County’s basic financial statements as listed in the table of contents.
Management’s Responsibility for the Financial Statements
The County’s management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
Auditor’s Responsibility
Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Erie County Fiscal Stability Authority (“ECFSA”), which represent 5.9% and 3.5% of the assets and revenues, respectively, of the governmental activities. We did not audit the financial statements of the Erie County Industrial Land Development Corporation and Subsidiary (“ILDC”), which represents 7.2% and 5.2% of the assets and revenues, respectively, of the business-type activities. We did not audit the financial statements of Erie County Medical Center Corporation (“ECMCC”), a discretely presented component unit. We did not audit the financial statements of the Erie Community College Foundation, Inc. (“Foundation”), which is shown as an aggregate discretely presented component unit, and represents 64.4% and 39.8% of the assets and revenues, respectively, of the aggregate discretely presented other component units. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinion, insofar as it relates to the amounts included for the ECFSA, ILDC, ECMCC, and Foundation, is based solely on the reports of such other auditors. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.