HomeMy WebLinkAbout2015 Annual Meeting THE
ASSOCIATIONOR OF-TOWNS
OF THE ,,,,
GERALD K.GEIST STATE'OF NEW,YORK LORI A. MITHEN-DeMASI
Executive Director Counsel
150 State Street
KIMBERLY A.SPLAIN Albany, NY 12207 SARAH B.BRANCATELLA
Deputy Director Associate Counsel
RECEIVED Telephone KATHLEEN N.HODGDON
Area Code 518-465-7933 Associate Counsel
Fax#518—465-0724
JAN 3 2015
December 31, 2014
Southold Town Clerk
Dear Town Clerk:
I am writing to encourage your town board to designate a delegate and alternate delegate to send to the
Association's Annual Business meeting, which is scheduled for the last day of the Annual Meeting
(Wednesday, February 18, 2015). Our bylaws provide that delegates, from member towns, serve an important
function at the Annual Business Meeting including electing the president, five vice presidents and approving the
Association's legislative platform. In addition, the delegates will hear a presentation on the Association's
budget and will be afforded an opportunity to comment or ask questions at the budget hearing on Sunday,
February 15th. While it is customary to designate the town supervisor to serve as the town's voting delegate, it
is important to note that the town board may also designate another town officer who will be attending the
meeting to serve as the town's alternate delegate.
In any event, in order for your town to have a vote at our annual business meeting, the delegate form
must be submitted prior to the meeting and someone must be physically present in order for the towns vote to
count.
In order for your town's delegate to vote at the Annual Business Meeting the town board must adopt a
resolution designating a delegate. I also encourage your town board to designate an alternate in the event that
the delegate is unable to attend the meeting. Please submit the enclosed Certificate of Designation to the
Association of Towns no later than February 6, 2015.
In order for your towns delegate or alternate to vote at the annual business meeting your towns 2015
dues must be paid on or before February 17th. We respectfully request that you adhere to the February 17th
deadline because the credentials committee is required to compare c ificates of designation against dues paid
to ensure that the delegate or alternate is representing a member t
Ki de egards,
Gerald K. Geist
Executive Director
GERALD K.GEIST LORI MITHEN DEMASI
EXECUTIVE DIRECTOR WWW.NYTOWNS.ORG COUNSEL
December 2014
Dear Town Clerk:
PLEASE READ AT FIRST 2015 TOWN BOARD MEETING
Contains Dated Material to be Returned
The 2015 Training School and Annual Meeting of this Association will be held at the
New York Hilton Midtown,New York City, February 15-18,2015, This is a training session
for town officials. The following is a brief outline of events:
INFORMATIONAL HEARING from 3:00-5:00 p.m.,Sunday Afternoon,
February 15 -Beekman Parlor.
GENERAL OPENING SESSION for all town officers, 8:45 a.m.,Monday
Morning,February 16 - Grand Ballroom.
GROUP SESSIONS for various categories of town officers and special programs
follow the Opening Session as will be set forth in the printed program:
Town Board Members Fiscal Officers
Building Officials Public Works & Highway
Planning&Zoning Officials Town Clerks
Town Justices Generally Town Court Clerks
Town Justices (Advanced,Accredited)* Town Attorneys
Tax Collecting Officers
BREAKFAST WITH THE ASSOCIATION 8:00 a.m.,Tuesday Morning,
February 17 - Grand Ballroom
ANNUAL BUSINESS SESSION (Official Delegates) 8:00 a.m.,Wednesday
Morning, February 18 -Beekman&Sutton (N) Parlors
The Constitution of the Association provides:
"On all questions arising at meetings of the Association, each member town in good
standing shall be entitled to one vote. Such vote shall be cast by a person designated
by the town board of such member town,registered and present at the meeting at
which the vote is offered. The town board may designate an alternate to cast the
vote of such town in the absence of the person so designated. No person shall be
designated as a representative of a town or alternate unless he shall be an elector of
the town so designated."
Any town that has paid its dues for the year 2015 BEFORE the Annual Meeting is a
member in good standing. A CERTIFICATE OF DESIGNATION OF THE VOTING
DELEGATE for your Town is enclosed. THE CERTIFICATE MUST BE EXECUTED
AND RETURNED TO THE ASSOCIATION, 150 State Street,Albany,NY 12207,NO
LATER THAN FEBRUARY 6, 2015, for the Credentials Committee to review and establish
eligibility.
A copy of the preliminary 2015 Legislative Program developed at a joint meeting of the
Executive Committee and the Resolutions Committee is attached, The Resolutions Committee will
present the Legislative Program to the Delegates at the 2015 Business Session. RESOLUTIONS
SUBMITTED AT LEAST 15 DAYS PRIOR TO THE 2015 ANNUAL MEETING will also be
received and considered for recommendation at the Business Session.
So that delegates will have an understanding of the proposed resolutions prior
to the Business Session on Wednesday, an Informational Hearing on the
resolutions will be held by the Executive and Resolutions Committees,
Sunday Afternoon,February 15, in the Beekman Parlor from 3:00-5:00 p.m.
The registration fee includes `Breakfast with the Association" on Tuesday Morning.
This fee together with other actual and necessary expenses of town officers and employees
authorized by the town boards to attend, are a legal town charge under 77-b of the General
Municipal Law.
Registration receipts will be issued. They should be retained by each town officer or
employee attending and should be attached to claim vouchers presented to town boards for
reimbursement of attendance expenses. The Official Annual Meeting Badge must be
displayed for admission to all sessions and the Exhibit Area.
Check our website for further details on events and sessions at the Annual Meeting:
www.nytowns.ogg
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ERTI,TICAE Off' DSICN.�ll0
This form must be-filed with: ~
' THE:ASSOCIATION OF TOWNS OF THE STATE OF NEw.YORK,150 STATE STREET,ALBANY,NEW YORK 12207. ;
No-LATER THAN FEBRUAW,6,2015 •
• In order to establish eligibility and.credentials to vote at the 2015 Business Session
;TO; THE OFFICERS AND MEMBERS OF
-: The Association of Towns of the State of New York
To Ensure Correct Spelling On Badges:Please Print Or-Twe
Town Clerk of the Town of= in the .
County of and-State of New-York DO HEREBY CERTIFY that the town
;board of the aforesaid town has duly designated the following named person to attend the_AnnuaI Business
Session of the Association of Towns of the State of New York,to be held in:New York City,on February 1.8;
+2015,and to cast the vote of the aforesaid town;pursuantto§6 of Article 111 of the Constitution and.By-Laws .
•of said Association:
NAME OF VOTING DELEGATE
•
;TITLE E-MAIL ADDRESS
:ADDRESS . .
In the absence of the person so designated,the following named-person has been-designated to cast the
v..
vote of said town:
•
NAME OF ALTERNATE
;-TITLE E-MAIL ADDRESS
•
•
ADDRESS
In WITNESS WHEREOF,I have hereunto set my hand and the seal of saidtown
this day of 20— � •
Town Clerk
�Y � 3
2015 Training School and Annual Meeting
February 15 - 18, 2015
., Registration Information
. 4
Registration Fees and Deadlines:$100 per Hotel Reservations: First, register online or
member and $125 (non-member)before Jan.26, by mail for the conference before you make the
2015. Registrations postmarked between Jan.26, appropriate accommodations at the hotel of your
2015 and Feb.5,2015 will be processed at the on- choice.You will be responsible for making your
site registration rates: $135 members;$160 non- own hotel reservations either through the online
members. Registrations will not be accepted in link sent to you after you've registered to attend
our office after Feb. 6,2015.Any registration not with the Association of Towns or by calling the
postmarked by Feb.6,2015 received in our office hotel of your choice.
will NOT be processed.You will need to register
on site after that date. No exceptions. Hilton - 1-800-HILTONS(445-8667)
• Sheraton 1-800-325-3535
AVOID PAYING INCREASED ON-SITE RATES BY Special room rates will still be available for
REGISTERING TO ATTEND Annual Meeting attendees at the Hilton Midtown
BEFORE .JAN. 26, 2015. and the Sheraton. The Sheraton is no longer
Justices and Court Clerks attending classes accepting vouchers/purchase orders at the front
and staying atthe Hilton Midtown orthe Sheraton desk. Please contact Sandra Brent (contact info
must pay the member/non-member registration on following page) for arrangements.
fee (see above) accordingly. Cut-off dates to book your rooms:
Hilton Midtown -Jan.9,2015
Online Registration: Save time and paper by (Parking $51 up to 24 hours; $61
registering online at ourWeb site:www.n)downs. for SUVs and larger vehicles up to 24
org.New this year,we will be accepting purchase hours).
order numbers as well as Visa or Mastercard Sheraton -Jan.23,2015
payments. Online registration begins Nov. 3, (Parking $52/day)
2014.
If you choose to do manual paper A "Breakfast with the Association" ticket
registration, is included with each registration. Additional
breakfast tickets can be purchased at the
1. Completely fill in name, title, Association's registration desk up until Tuesday
municipality, day phone, fax number, and morning.
e-mail address.
Cancellations must be postmarked or faxed to
2. Make out a check payable to the the Association of Towns by 5 p.m. on Jan. 30,
Association of Towns for the correct registration 2015 for a refund.ALL CANCELLATIONSWILL BE
amount. CHARGED A$10 PROCESSING FEE. Each person
3. Mail form and registration check is responsible for canceling his/her own hotel
to Association of Towns, 150 State St., reservation. You must have a confirmation
Albany, NY 12207 number to cancel.
Please Note the Following General Rules
Procedures for Bus for All Hotel Lobbies
Groups Attending the
2015 Annual Meeting No eating of any kind is permitted in or OQ49;
around the lobby.
• Congregating in large groups must take
place away from the guest elevators and/or the
If you have eight or more people in your group, reception desk during busy times.
please follow the group reservation procedure
for the Hilton and the Sheraton. •For all groups,there is a mandatory baggage
handling charge:
Cots or extra beds cannot be provided; it is
against fire regulations in NewYork City. Sheraton: $8.36 per bag/round trip
Hilton:$8.37/per bag/round trip($12.74/2 bags)
The hotels will try to reserve all the rooms
listed on the Group Reservation Forms on the *The baggage handling fee must be paid prior
same or consecutive floors to keep your group to arrival either by credit card or by check. When
together, but such arrangements cannot be paying by check, please note that payment must
guaranteed. be received 10 days prior to arrival.Checks should
be mailed to the attention of your convention
To help expedite your group's arrival, please services manager (made out to the appropriate
follow these steps: hotel):
1 - Advise the hotel of your estimated
time of arrival. Sheraton: Sandra Brent, Mtg. &Event Mgr.
NOTE:check-in time is 3 p.m. at all hotels. Sheraton NewYorkTimes Square
Due to heavy check-out on the Sunday of 811 7th Avenue
our arrival, there is little chance of an early NewYork, NY 10019
check-in. 212-841-6634
2- Instruct your transportation (bus, mini- Fax: 212-489-9511
bus, or taxi groups)to arrive:
Hilton: Mala Gopala,Asst. Dir. of Events
Sheraton: on 53rd Street at the Sheraton Hilton Midtown
NewYork's side entrance. 1335 Avenue of the Americas
NewYork, NewYork 10019
Hilton: on 54th Street Entrance across 212-261-5835
from the Ziegfeld. Fax: 212-261-5921
3 - If you are delayed and will not arrive The number of bags will be verified upon
at the scheduled time, hotels may not have arrival and excess baggage will be charged to
personnel curb side to meet your group. In the guest's room. If we cannot charge the guest
this case, please instruct the group to wait room, the group director will be contacted and
on the bus while the group director goes to be responsible for settling these charges.
the hotel lobby and advises the bell captain
of your arrival. CHECK-IN:
*Please call 1-800-Hiltons (445-8667) to Check-in time at the hotels is 3 p.m., so please
confirm sleeping room accommodations. schedule your arrival accordingly. The hotels
will make every attempt to accommodate early /�-4�=�1f-�arrivals; however, rooms may not be ready G&CK-
will make every attempt to accommodate early
arrivals; however, rooms may not be ready in Because it was such a hit with
which caseyourgroup's luggagewill be stored on
a comp basis until the rooms can be assigned. If meeting attendees last year, we have
you require bellmen to assist with the delivery of decided to again work with NYC &
your bags from the storage area to your rooms,
they will be happy to do so. Company, New York City's premier
CHECK-OUT marketing and tourism partner. Look
for the NYC Welcome Desk next to
Check-out time is 12 p.m. at all hotels. Late the 2nd floor AOT registration area
check-outs cannot be granted due to occupancy.
for a special welcome package, which
Bag Pull: Please indicate on your sheets if you will include information and discounts
wish to schedule a bag pull at least one week
prior to check-in. on sightseeing, dining, theatre and
Once a bag pull has been scheduled (normally more so you can make the most of
baggage pick-up is scheduled one hour prior your stay!
to bus departure), it is the responsibility of the
group director to instruct each group member
to leave their packed luggage inside their room
at least 15 minutes prior to the scheduled bag 10 Percent DISCOUNT
pull time. Please note that all luggage should be
labeled. with AMTRAK
IMPORTANT INFORMATION REGARDING
YOUR GROUP'S STAY: ArntrakT
Each group director is responsible for the
behavior of the individual group members. The AMTRAK Discount
following will not be accepted, and may result in Amtrak offers a 10 percent discount off the low-
dismissal from the hotel: est available fare to (New York, NY) between Feb. 11,
2015 and Feb. 22, 2015. Travel dates are approved
X EXCESSIVE NOISE in guest rooms or in three days prior to the convention start date and three
public areas including guest room corridors, days following the last day of the meeting. To book
Food & Beverage outlets and/or Meeting room your reservation call Amtrak at 1-800-872-7245 or
floors. contact your local travel agent. Conventions cannot
be booked via Internet. Please be sure to refer to As-
X PHYSICAL DAMAGE to the Hotel Property. sociation of Towns Annual Meeting Convention Fares
Code X38T 909 when making your reservation. This
X ENDANGERING Hotel guests or group offer is not valid on Auto Train. Fare is valid on Metro-
members. liner and Acela service for all departures seven days a
week, except for holiday blackouts. Offer valid with
X REMOVING any Hotel property from Sleepers, Business Class or First Class seats with pay-
guest rooms or Hotel areas. ment of the full applicable accommodations charges.
2015 Training School & Annual Meeting
February 15 - 18, 2015
Ir
Hotel Room Rate Information
m
Please register online through ourWeb site: www.nytowns.org and follow the links.
If you register via mail, use the form on the following page.
ATTENDEES MUST REGISTER WITH THE ASSOCIATION OF TOWNS BEFORE MAKING HOTEL
ACCOMMODATIONS.
We have contracted with the hotels listed below for special Training School rates. In order to keep
meeting costs to a minimum, the Association has entered into a contract with the Hilton Midtown and
Sheraton NYTimes Square. If you choose to make your sleeping room reservations outside of the
Association's group block, such as through an Internet reservation system or with a discount coupon,
the Association can suffer significant financial penalties.
HOTEL HILTON MIDTOWN SHERATON NYTIMES SQUARE
ADDRESS 1335 Avenue of the Americas 811 7th Avenue
(6th Ave. & 53rd St.) (7th Ave. at 52nd St.)
CUTOFF DATE Jan. 9, 2015 Jan. 23, 2015
SINGLE $265 $235(plus$30 for each add'I person)
DOUBLE $285 $235(plus$30 for each add'I person)
TRIPLE $305
QUAD $325
EXECUTIVE/CLUB* $285 Single $325Triple $285 Single
$305 Double $345 Quad $285 Double
Based on Availability* (plus $30 for each add'[ person)
SUITES Singles or Doubles are 1 Bedroom - Single/Double $575
available
Please call 1(800) HILTONS 2 Bedroom - Single/Double $750
(445-8667) for rates.
*Check-in for the Executive Tower Rooms at the Hilton is in the Main Lobby of the Hotel
**Check-in for the Club Tower Rooms at the Sheraton is at the main check-in desk on the lobby level
NOTE: Rooms will be automatically released after the cut-off dates and additional reservations or changes will be subject to
availability.
All reservations must be guaranteed by a major credit card. Room cancellations within 72 hours of
reservation date and "no-shows" will result in a penalty of one night's room charge.
Hotels will accept only credit cards for the one-night deposit; they will not accept personal checks or vouchers for deposits.
Vouchers can be used for check out. ** Please Note: FOR THE HILTON ONLY, a one-night deposit will be charged to your
credit card immediately upon making your reservation.
Questions? Please contact Executive Meeting Coordinator Patty Kebea at the
Association offices at 518-465-7933.
2015 Training School & Annual Meeting
A4
February 15 - 18, 2015
X&,L�A�r
Meeting Registration Form
ATTENDEES MUST REGISTER WITH THE ASSOCIATION OFTOWNS
BEFORE MAKING HOTEL ACCOMMODATIONS.
Registration fees: $100 (members) / $125 (non-members) per person prior to Jan.
26, 2015. Paper registrations postmarked between Jan. 26 and Feb. 6, 2015 will be
processed at on-site registration rates: $135 (members) / $160 (non-members).
Any registrations received in our office that are not postmarked by Feb. 6, 2015
will not be accepted, and you must register on site.
Avoid paying on-site rates and register before Jan. 26, 2015.
One registration form required per each meeting attendee.
1 - Please print or type: Name
Title Municipality
County Phone
E-mail.address Fax
Address
2 - Please book your own hotel reservation
• Call 1-800-HILTONS (445-8667) to book rooms at the Hilton. Reference Hilton
code "Tow"OR
• Call 1-800-325-3535 to book rooms at the Sheraton. Reference "Association of
Towns."
3 - Mail completed registration form with a check for the corresponding
registration fee to:
Assocation ofTowns
150 State St.
Albany, NY 12207
4 - Questions? Contact Executive Meeting Coordinator Patty Kebea at the
Association of Towns at (518)465-7933.
ASSOCIATION OF TOWNS
OF THE STATE OF NEW YORK
Serving Towns Since 1933
l�
150 State St.Albany NY 12207-1671 •Ph: (518)465-7933 •Fax: (518)465-0724•Twitter:@nytowns •Web:nytowns.org
November 24, 2014
Andrea Nilon
Resolutions Committee Chair
Dear Supervisor
Enclosed, please find a report issued by the Resolutions Committee regarding proposed amendments to the Association of
Towns' operating Constitution and Bylaws (1993). Six delegates to the 2014 Annual Meeting submitted twenty-one
proposed amendments to our Constitution and Bylaws (1993). The Resolutions Committee met on October 20, 2014 and
again on November 21, 2014 to discuss, deliberate and vote on the proposed amendments. After much deliberation, the
Resolutions Committee voted to report all twenty-one proposals to the delegates at the Business Session of the 2015
Annual Meeting. The Business Session will be held on Wednesday February 18, 2015 at 8:00 am at the Hilton New York
(1335 Avenue of the Americas,New York,NY- 10019-6078).
Although, the Resolutions Committee voted to report all proposals for the delegates' consideration, the Resolutions
Committee is not recommending approval of all proposals. Rather, the Resolutions Committee is only recommending
approval of those proposed amendments that did not make substantive changes to the Constitution and Bylaws (1993).
As you read the report,you will note that each proposal is provided along with Resolutions Committee's recommendation
regarding each proposal and a brief explanation of the Resolutions Committee's recommendation. The Resolutions
Committee felt strongly that those proposals that made substantive changes should be addressed by the Bylaws
Committee as part of their review and comprehensive revisions to the Constitution and Bylaws(1993).
I would also like to invite you to attend the informational session at the Annual meeting to learn more about these
proposals and the Resolutions Committee's recommendations. The discussion will be part of the informational session
and budget hearing, which is held on Sunday, February 15, 2015 the Hilton New York (1335 Avenue of the Americas,
New York,NY- 10019-6078).
If you have any questions regarding these proposals or the Resolutions Committee's recommendations please feel free to
call the Association's office(518-465-7933) and the staff will make sure that your questions are answered.
Thank you for your consideration.
Sincerely
Andrea Nilon
Chair Resolutions Committee
ASSOCIATION OF TOWNS
** ** OF THE STATE OF NEW YORK
t
"
Servin Towns Since 1933{,
150 State St.Albany NY 12207-1671 •Ph: (518)465-7933 •Fax: (518)465-0724•Twitter:@nytowns •Web:nytowns.org
Resolutions Committee Report
Regarding
Bylaw Amendments submitted at the 2014 Annual Meeting
The Resolutions Committee has reviewed the following proposed amendments to the Association of
Towns of the State of New York (AOTSNY) Constitution and Bylaws (1993) and found them to be
properly submitted at the 2014 Annual Meeting and in accordance with Article IX, §1. Therefore,
pursuant to Article IX, §1, the Resolutions Committee hereby reports the following proposed amendments
to our Constitution and Bylaws to the Delegates of the 2015 Annual Meeting for their consideration
together with the Resolutions Committee's recommendations regarding each proposed amendment.
Please note that all proposals contained herein have been forwarded to the Bylaws Committee for their
consideration.
Language that is being replaced is signified with brackets [ ] and a strikethrough. New language is in
italics,bolded and underlined.
L Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Julie
Huntsman, Delegate Town of Otsego
Article IV
Officers
Section 3. Appointed Officers. The executive committee shall annually appoint an executive
director, and treasurer. No person shall be appointed as both the Executive Director and
Treasurer. Such appointed officers shall serve for a period of one year and shall hold office at the
pleasure of the executive committee.
➢ Motion Not to Recommend Adoption of Proposed Change: Amel Jowdy; Seconded: Bill
Moehle
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. The Resolutions Committee is recommending against adoption of this proposal because
it is a substantive proposal that would limit the authority of the executive committee regarding the
appointment of these offices and would result in additional costs to the Association. Moreover, the
Resolutions Committee has determined that current bylaws and directives of the executive
committee properly address concerns regarding security, conflicts and use of Association funds
and therefore there is no need to limit the choice available to the executive committee regarding
whether to appoint one individual to serve as both the treasurer and executive director or two
individuals. Finally, this proposal represents a substantive change to current our bylaws and
therefore the Resolutions Committee believes that this proposal should be forwarded to the
Bylaws Committee for its consideration.
2. Proposed amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Don
Barber, Delegate Town of Caroline
Article VII
Committees
Section 3. Standing Committees.
[The following standing eemmittees eaeh to eensist of a ehaifma-a, designated by the Preside
other members as may be appointed by sueh ehairman, are hereby established fer the per-fermanee
of sueh duties as the emeeutive eenffnittee may ftem time te time require. A meffier-alidum of sueb..
duties shall be filed with the emeeutive dir-eeter-in the effiees of the Asseeiatiew.
(a) T o islatioB
(b.) Finaffl ..o and Revenue
u�.
(e) Real Pfope-ty_T_ax
(d) Solid Waste
(e) Publie Works and uiioYvi tuuvaa
(r)u me D„lo ctnaet,,.o and Et i_e-s
(g) T fib a T"«Mr
(h) Land Use, Planning and the Envir-emnepAj
The following standing committees each consist of a chair, designated by the majority vote of
the elective officers of the Association, for a term of one year beginning on May 1St and such
other members as may be appointed by such chairman are hereby established for the
performance of such duties as the executive committee may from time to time require. A
memorandum of such duties shall be filed with the Executive Director in the offices of the
Association The term of members of the committees shall be one year as of May 1St. The
following are standing Committees:
1. Legislation
2. Finance and Revenue
3. Real Property Tax
4. Public Works and Transportation
S. Home Rule, Structure and Ethics
6. Urban Towns
7. Land Use Planning and Environment
➢ Motion Not to Recommend Adoption of Proposed Change: Valerie Cartwright; Seconded:
Bernie Meyers
• Motion Carried
f'
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. This proposal represents a substantive change to our current Bylaws by reducing the
number of members on the executive committee and limiting the president's authority to nominate
committee chairs. This proposal should therefore be forwarded to the Bylaws Committee to be
considered as part of their comprehensive review of the Association's bylaws.
3. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Leslie
Connors, Delegate Town of Danby
Article VII
Committees
(b) Resolutions Committee.
Promptly upon assuming the office of president after May 1 st, the president shall appoint at least
five duly qualified representatives of member towns in good standing to serve as members of a
"Resolutions Committee" and designate a chairman thereof. Such Resolutions Committee shall
function on a year around basis at the direction of the president to assist the executive committee
in developing and enunciating Association policy and positions on issues. No resolution shall be
considered or acted upon at any meeting of the Association unless such resolution shall have been
filed with the executive director at least [fifteen] thin days before such meeting and favorably
reported by the committee on resolutions, at the business session of such meeting.
Resolutions to be brought forward for consideration at the annual meeting will only be those
that have been distributed to town members at least thirty days prior to such meeting. Once draft
resolutions have been distributed to member towns, no resolution may be added or removed
prior to the annual meeting.
Resolutions may be amended at the annual meeting by a maiority vote of the duly pualired
delegates present. Any resolution that is so amended shall be submitted to the entire
membership for a referendum using the process described below.
Referendum Process: If a majority of the duly qualified representatives of member towns in good
standing registered and present at any meeting shall so determine by majority vote thereof, a
resolution disapproved by the Resolutions Committee shall be submitted to a referendum of all the
member towns of the state within thirty days after final adjournment of such meeting. The
executive director shall promptly, after final adjournment of any annual or special meeting
transmit by first class U.S. mail a ballot to the duly designated representatives of members in good
standing setting forth in full the proposed language of any such resolution disapproved by the
Resolutions Committee and determined, as above provided, to be submitted to referendum of all
the member towns of the state. Unless the duly designated representatives of each member in good
standing returns such ballot to the executive director clearly and unequivocally marked "Aye" or
"Nay" within thirty days of the date of mailing by the executive director, such ballot shall be
considered null and void. All ballots returned to the executive director shall be tallied by the
executive director and retained at the office of the Association for one year for inspection by the
duly designated representative of each member. The results of any such referendum shall be
promptly announced to the members of the Association by the executive director. The results of
such referendum shall determine the policy of the Association in relation to the subject matter of
such resolution.
➢ Motion Not to Recommend Adoption of Proposed Change: Bill Moehle; Seconded: Mike
Marinaccio
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. This proposal represents a substantive change to our current Bylaws by limiting the
amount of time member towns have to submit resolutions to the resolutions committee for
consideration; limiting the resolutions committee's authority to reconsider resolutions once
reported and submitted to the membership; and creation of a post annual meeting amendment
process to reported resolutions. This proposal should therefore be forwarded to the Bylaws
Committee to be considered as part of their comprehensive review of the Association's bylaws.
4. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Ann
Rider, Delegate Town of Enfield
Article IV
Officers
Section 3. Appointed Officers. The executive committee shall annually appoint an executive
director, and treasurer. No person shall be appointed as both the Executive Director and
Treasurer. Such appointed officers shall serve for a period of one year and shall hold office at the
pleasure of the executive committee.
➢ Motion Not to Recommend Adoption of Proposed Change: Denny Powers; Seconded: Bob
Taylor
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. The Resolutions Committee is recommending against adoption of this proposal because
it is a substantive proposal that would limit the authority of the executive committee regarding the
appointment of these offices and would result in additional costs to the Association. Moreover, the
Resolutions Committee has determined that current bylaws and directives of the executive
committee properly address concerns regarding security, conflicts and use of Association funds
and therefore there is no need to limit the choice available to the executive committee regarding
whether to appoint one individual to serve as both the treasurer and executive director or two
individuals. Finally, this proposal represents a substantive change to current bylaws and therefore
the Resolutions Committee believes that this proposal should be forwarded to the Bylaws
Committee for its consideration.
5. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Ann
Rider, .Delegate Town of Enfield
Article VII
Committees
Section 4. Special Committees. The [president] elective officers shall appoint such special
committees as the executive committee may authorize or require or he may deem necessary.
➢ Motion Not to Recommend Adoption of Proposed Change: Tim Whitesell Seconded: Valerie
Cartwright
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. This proposal represents a substantive change to our current Bylaws by eliminating the
president's authority to appoint committee members. This proposal should therefore be forwarded
to the Bylaws Committee to be considered as part of their comprehensive review of the
Association's bylaws.
6. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by
Elizabeth Thomas, Delegate Town of Ulysses
ARTICLE V
Duties of Officers
Section 1. President.
The president shall preside at all meetings of the Association and the executive committee. [14e
shall appoint the chainnan of all standing eenuniftees and unless the exeeutive eofffinit4ee shall
determine other-wise, the members-of all special-eewmitt ]The President shall perform
such other duties as are usually incumbent upon that officer or may be directed by resolution of
the Association. In the absence or disability of the president, the vice-presidents shall, according to
their numerical order, succeed to the duties of the president.
Promptly after appointments of committee chairs and members, the President shall notify the
Executive Committee. Such notice may be given by written correspondence, by electronic
medium or at a meeting of the Executive Committee. The Executive Director shall keep a record
of such appointments in the Association office.
➢ Motion Not to Recommend Adoption of Proposed Change: Tim Whitesell; Seconded: Lenny
Pero
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. This proposal represents a substantive change to our current Bylaws by eliminating the
president's authority to appoint committee members. This proposal should therefore be forwarded
to the Bylaws Committee to be considered as part of their comprehensive review of the
Association's bylaws.
7. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by
Elizabeth Thomas, Delegate Town of Ulysses
ARTICLE V
Duties of Officers
Section 2. Treasurer.
With the assistance of the Executive Director, [T-}the treasurer shall receive and disburse all
moneys and keep an accurate account of all financial transactions of the Association. [He} Shall
submit at each annual meeting [a repoft of all r-eeeipts and disbur-semei4s during the preeeding
year-, together with} the status of all funds, together with an independent audit by a public
accountant or certified public accountant at the expense of the Association. He shall furnish, at the
expense of the Association, such bond as shall be required by the executive committee. He shall
annually prepare and submit to the executive committee a statement of the estimated receipts and
disbursements of the Association for the ensuing fiscal year including an estimate of any
anticipated fund balances at year end. Such statement shall be in the usual format of a line item
budget and shall contain such additional details as the executive committee may from time to time
prescribe. By December 30th of each year, the executive committee shall adopt a budget for the
ensuing fiscal year and place it on file in the office of the Association. Such statement shall be the
annual budget of the Association for the ensuing fiscal year unless the executive committee shall
direct that the same be altered, modified or amended in any manner. The treasurer shall forward [a
summary ry of stieh b••-geil a report of all receipts and disbursements during the preceding year,
together with the status of all funds and the budget statement in the usual format of a line item
budget for the ensuing 17scal year to each member town at least [twenty ron" forty (40) days
prior to the annual meeting. The executive committee shall hold a hearing on such budget during
the annual meeting of the Association at which hearing the duly qualified representative of any
member town shall have an opportunity to make recommendations and suggestions in relation to
such budget. After due consideration of any such recommendations or suggestions made at such-
hearing in relation to such budget, the executive committee may make amendments thereto and as
so amended such budget shall be effective for the balance of the Association fiscal year.
➢ Motion Not to Recommend Adoption of Proposed Change: Amel Jowdy; Seconded: Mike
Boesel
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. This proposal represents a substantive change to our current Bylaws by requiring
additional financial information to be sent to member towns in advance of the annual meeting.
This proposal should therefore be forwarded to the Bylaws Committee to be considered as part of
their comprehensive review of the Association's bylaws.
S. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by
Elizabeth Thomas, Delegate Town of Ulysses
Article IV
Officers
Section 4. Nominations.
At each annual meeting of the Association, the president shall appoint at least three duly qualified
representatives of member towns in good standing to serve as members of a 'Nominating
Committee" and designate the chairman thereof. The Nominating Committee shall canvas the
member towns for nominations for elective officers and request letters of recommendation.
Nomination for elective officers shall be made by said committee by December 30 each year and
the names of nominees shall be forwarded to all member towns in good standing at least 40 days
prior to the annual meeting. Nominations for elective officers shall be made by said committee
but additional nominations may be made from the floor.
➢ Motion Not to Recommend Adoption of Proposed Change: Cindy Goliber; Seconded: Mike
Boesel
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. This proposal represents a substantive change to our current Bylaws by changing the
nomination of elected officers. The Resolutions Committee would like the Bylaws Committee to
review the nomination of officers to ensure that the process is transparent and to ensure that the
current regional, office and town classification balance of elected officers is maintained. In
addition, the Resolution Committee would like the Bylaws Committee to address proper
qualifications for elected officers to ensure that nominees have shown a commitment to the
Association by attending Association training programs and meetings, participation on
Association Committees and work on Association policies and initiatives. This proposal should
therefore be forwarded to the Bylaws Committee to be considered as part of their comprehensive
review of the Association's bylaws.
9. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by
Elizabeth Thomas, Delegate Town of Ulysses
Article IX
Amendments
Section 1. This constitution and by-laws may be amended at a business session at any annual
meeting of the Association by a two-thirds vote of all members registered and present at such
business session, entitled to vote thereon under the provisions of Section 6 of Article III hereof,
providing such proposed amendment shall first have been submitted by 10 members in writing or
by electronic medium to the President by July 1. [at the annual ineeting „ eeedi g the annual
meeting at whieh sueh vote is to be taken and r-efe"ed to the eemmittee on resolutions.] The
Executive Director shall Post the proposed amendments on the association's website by August
1. The executive committee shall refer the proposed amendment to a special committee formed
to review all proposed amendments. A report explaining such committee's recommendations on
such proposed amendment shall be presented to the Association by such special committee on
or before December rirst after it is submitted. Such report shall be included in the notice of the
next annual meeting required to be given pursuant to Section 3 of Article III hereof: Any
proposed amendments may be amended from the floor at that annual meeting business session.
[A report en sueh proposed amendfaent shall be presented to the Asseeiation by the eeflifnittee E)
Sueh report shall be ineluded in the natiee of an annual meeting required to b uai# to
➢ Motion Not to Recommend Adoption of Proposed Change: Amel Jowdy; Seconded: Tim
Whitesell
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. This proposal represents a substantive change to our current Bylaws by changing the
manner in which the Association's bylaws may be amended. Although the Resolutions
Committee recognizes that the current process is cumbersome, the Resolutions Committee is
concerned that this proposal would allow bylaw revision proposals to be amended at the annual
meeting without notification to the membership. This proposal should therefore be forwarded to
the Bylaws Committee to be considered as part of their comprehensive review of the Association's
bylaws.
10. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
Riggs, Delegate Town of Candor
Article III
Meetings
Section 4. Quorum.
[Two hundred or more duly designated representatives] A majority of delegates, of members in
good standing [ ], as provided in Section 6 below, who are present at any
meeting of the Association, [and] may transact all business which may regularly come before such
meeting.
➢ Motion Not to Recommend Adoption of Proposed Change: Bob Taylor; Seconded: Becca
Haines
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. This proposal represents a substantive change to our current Bylaws by changing the
number of delegates needed to convene the annual meeting. Although the Resolutions Committee
understands that member towns might have difficulty sending delegates to the annual meeting
thereby prompting the need to reconsider the number of delegates needed to constitute a quorum
for the ability to conduct business at the annual meeting, the Resolutions Committee would like
the Bylaws Committee to further examine the issue. The Resolutions Committee has therefore
forwarded this proposal to the Bylaws Committee with a directive to examine the requirements for
a quorum in a light that fairly represents the interests of the Association's large and diverse
membership.
11. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
:Riggs, Delegate Town of Candor
Article II
Membership and Dues
Section 3. Dues Payable in
The annual dues of a member of the Association shall be payable in advance to the Treasurer, on
or before January [first] 3r first-of each year.
➢ Motion to Recommend Adoption of Proposed Change with Amendment to strike the words
"in advance" and "first": Lenny Pero; Seconded: Mike Marinaccio
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure and is recommending adoption of this proposal.
This proposal does not represent a substantive change to our current Bylaws in that it merely
provides towns with an additional thirty days to pay annual dues to the Association.
12. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
Riggs, Delegate Town of Candor
Article III
Meetings
Section 1. Annual Meeting.
The annual meeting of the Association shall be held in the State of New York [ City of Albany,
NewYo-r k] on the [third] Wednesday following President's Day of each and every February
hereafter, unless the Executive Committee, [by--a resolution adopted not later- than the first day
of januar-y immediately prior- theretol, shall determine that such annual meeting shall be held
[elsewhere i the State of New Yor-..and] at a different time.
➢ Motion to Recommend Adoption of Proposed Change: Bill Moehle; Seconded: Cindy Goliber
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure and is recommending adoption of this proposal.
This proposal does not represent a substantive change to our current Bylaws but merely clarifies
the date and location of the Annual Meeting.
1.3. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
Riggs, Delegate Town of Candor
Article III
Meetings
Section 3. Notice of Meeting.
The Executive Director shall give thirty days notice in writing to each member in good standing,
of every annual and special meeting of the Association. Such notice shall specify the time and
place of the meeting and the purposes thereof, and shall be mailed to the town clerk of such
member town at{tris] the town clerk's last known address.
Article III
Meetings
Section 6. Representation.
On all questions arising at meetings of the Association, each member in good standing, as
determined by the Credentials Committee, shall be entitled to one vote. Such vote shall be cast by
a [per-so ] dele-gate designated by the town board of such member town, registered and present at
the meeting at which such vote is offered. The town board may designate an alternate to cast the
vote of such town in the absence of the person so designated. No person shall be designated as a
[ ] delegate of a town or alternate, unless [he] such person shall be an elector of the
town so designating. The vote of all questions at meetings of the Association, including any vote
on the election of officers under Article IV hereof, shall be by voice vote or as otherwise
determined by the presiding officer.
➢ Motion to Recommend Adoption of Proposed Change: Betty Neville; Seconded: Becca Haines
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure and is recommending adoption of this proposal.
This proposal does not represent a substantive change to our current Bylaws in that it merely
provides language clarification regarding use of the term "delegate," as well as changing current
terminology to be gender neutral.
14. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
Riggs, Delegate Town of Candor
Article IV
Officers
Section 1. Elective Officers.
The elective officers of the Association shall be a president and five vice-presidents, in numerical
sequence,but no two of such officers shall reside in the same county.
Upon the reeommendation of the Exeeutive Committee, the Assoeiation may annually el
n h 'a 4 a t more than two honorary viee presidents in Feeognition Of
distingu-.-Qhe�— ."I'awipes to the towns of this State and the inhabitants thereof performe
sueh per-sons•j
➢ Motion to Recommend Adoption of Proposed Change: Jean Raymond; Seconded: Denny
Powers
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure and is recommending adoption of this proposal.
This proposal does not represent a substantive change to our current Bylaws in that it merely
clarifies that the five vice presidents serve in numerical sequence and eliminates the election of
honorary vice presidents which has not been utilized in a generation or more.
15. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
Riggs, Delegate Town of Candor
Article IV
Officers
Section [3-.jL. Appointed Officers.
The Executive Committee shall annually appoint an Executive Director and Treasurer. Such
appointed officers shall serve for a period of one year and shall hold office at the pleasure of the
Executive Committee
Article IV
Officers
Section [4.] 3. Nominations.
At each annual meeting of the Association, the President shall appoint at least three duly qualified
representatives of member towns in good standing to serve as members of a "Nominating
Committee" and designate the chairman thereof. Nominations for elective officers shall be made
by said committee but additional nominations may be made from the floor.
➢ Motion to Recommend Adoption of Proposed Change: Lenny Pero; Seconded: Bob Taylor
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure and is recommending adoption of this proposal.
This proposal does not represent a substantive change to our current Bylaws in that it merely
renumbers sections impacted by the elimination of the section regarding honorary offices.
16. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of. New York Submitted by Bob
Riggs, Delegate Town of Candor
Article IV
Officers
Section [5.14. Elections.
All elective officers shall be elected at the annual meeting and shall hold their offices for the
period of one year from the first day of May next succeeding and until April 30`h of the following
year [ ]. No person shall hold two or more elective
offices. No elective officer may simultaneously hold an appointive office.
Section [6.15. Vacancies.
Whenever a vacancy shall occur or exist in any office, elective or appointive, the Executive
Committee may appoint a qualified person to fill the vacancy for the unexpired term.
➢ Motion Not to Recommend Adoption of Proposed Change: Bill Moehle; Seconded: Ed
Theobald
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure but is recommending against adoption of this
proposal. This proposal represents a substantive change to our current Bylaws by eliminating the
continuity of service provision currently incorporated into the terms of office of the Association's
elected officers. This proposal should therefore be forwarded to the Bylaws Committee to be
considered as part of their comprehensive review of the Association's bylaws.
17. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
Riggs, Delegate Town of Candor
Article V
Duties of Officers
Section 2. Treasurer.
The Treasurer shall receive and disburse all moneys and keep an accurate account of all financial
transactions of the Association. [I4e] The Treasurer shall submit at each annual meeting a report
of all receipts and disbursements during the preceding year, together with the status of all funds,
together with an independent audit by a public accountant or certified public accountant at the
expense of the Association. [14e] The Treasurer shall furnish, at the expense of the Association,
such bond as shall be required by the Executive Committee. [He/ The Treasurer shall annually
prepare and submit to the Executive Committee a statement of the estimated receipts and
disbursements of the Association for the ensuing fiscal year including an estimate of any
anticipated fund balances at year end. Such statement shall be in the usual format of a line item
budget and shall contain such additional details as the Executive Committee may from time to
time prescribe. By December 30'h of each year, the Executive Committee shall adopt a budget for
the ensuing fiscal year and place it on file in the office of the Association. Such statement shall be
the annual budget of the Association for the ensuing fiscal year unless the Executive Committee
shall direct that the same be altered, modified or amended in any manner. The Treasurer shall
forward a summary of such budget to each member town at least twenty (20) days prior to the
annual meeting. The Executive Committee shall hold a hearing on such budget during the annual
meeting of the Association at which hearing the duly qualified representative of any member town
shall have an opportunity to make recommendations and suggestions in relation to such budget.
After due consideration of any such recommendations or suggestions made at such hearing in
relation to such budget, the Executive Committee may make amendments thereto and as so
amended such budget shall be effective for the balance of the Association fiscal year.
➢ Motion To Recommend Adoption of Proposed Change: Tim Whitesell; Seconded: Bernie
Meyers
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure and is recommending adoption of this proposal.
This proposal does not represent a substantive change to our current Bylaws in that it merely
changes current terminology in the Association's bylaws to be gender neutral.
18. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
Riggs, Delegate Town of Candor
Article VI
Finances
Section 2. Committees.
No committee, , shall incur any indebtedness or financial liability unless the
Executive Committee shall have adopted a resolution so authorizing.
➢ Motion to Recommend Adoption of Proposed Change: Ed Theobald; Seconded: Don Mekulik
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure and is recommending adoption of this proposal.
This proposal does not represent a substantive change to our current Bylaws in that it instructs that
all committees and not just standing or special committees cannot incur any financial liability
unless directed by the Executive Committee.
19. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
Riggs, Delegate Town of Candor
Section 3. Fiscal Year.
The fiscal year of the Association shall be [ ] the
calendar year.
➢ Motion to Recommend Adoption of Proposed Change: Lori Milne; Seconded: Denny Powers
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure and is recommending adoption of this proposal.
This proposal does not represent a substantive change to our current Bylaws; rather this proposal
merely codifies the current and longstanding practice to have the Association's fiscal year operate
on a calendar year basis.
20. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
Riggs, Delegate Town of Candor
Article VII
Committees
Section 1. Executive Committee.
The elective officers, the immediate Past President, and the chairmen of all standing committees
shall constitute the Executive Committee, and such Committee shall direct, manage and control
the affairs of the Association.
Section 2. Internal Committees.
(a) Credentials Committee. At each meeting of the Association, the president shall appoint at
least three duly qualified representatives of member towns in good standing to serve as members
of a "Credentials Committee" and designate the [eh air-man]chairperson thereof. No question
shall be voted upon until such committee shall have inquired into and reported to the meeting, the
number and names of the member towns represented at such meeting and the name of the person
duly authorized hereunder to cast the vote of each such town.
(b) Resolutions Committee. Promptly upon assuming the office of president after May 1St, the
president shall appoint at least five duly qualified representatives of member towns in good
standing to serve as members of a "Resolutions Committee" and designate a
[ehair-man]chairperson thereof. Such Resolutions Committee shall function on a year around
basis at the direction of the President to assist the Executive Committee in developing and
enunciating Association policy and positions on issues. No resolution shall be considered or acted
upon at any meeting of the Association unless such resolution shall have been filed with the
Executive Director at least fifteen days before such meeting and favorably reported by the
Resolutions Committee ], at the business session of such meeting. If a majority of
the duly qualified representatives of member towns in good standing registered and present at any
meeting shall so determine by majority vote thereof, a resolution disapproved by the Resolutions
Committee shall be submitted to a referendum of all the member towns of the state within thirty
days after final adjournment of such meeting. The Executive Director shall promptly, after final
adjournment of any annual or special meeting, transmit by first class U.S. mail a ballot to the duly
designated representatives of members in good standing setting forth in full the proposed language
of any such resolution disapproved by the Resolutions Committee and determined, as above
provided, to be submitted to referendum of all the member towns of the state. Unless the duly
designated representatives of each member in good standing returns such ballot to the Executive
Director clearly and unequivocally marked "Aye" or "Nay" within thirty days of the date of
mailing by the Executive Director, such ballot shall be considered null and void. All ballots
returned to the Executive Director shall be tallied by the Executive Director and retained at the
office of the Association for one year for inspection by the duly designated representative of each
r
member. The results of any such referendum shall be promptly announced to the members of the
Association by the Executive Director. The results of such referendum shall determine the policy
of the Association in relation to the subject matter of such resolution.
(c)Nominating Committee. (See Section [413. of Article IV hereof).
(d) Audit Committee. The President shall annually appoint at least three duly qualified
representatives of member towns in good standing to serve as members of an "Audit Committee"
and designate a {fin] chairperson thereof. It shall be the duty of such Committee to audit
the financial books and records of the Association and to report its findings to the delegates at
each Annual Meeting and at the direction of the President to make more frequent examination of
such books and records as the President may deem necessary.
Section 5. Committee Chair/Members. The assignment of all committee [even]
chairpersons and members shall be in the form of a memorandum and filed with the Executive
Director in the office of the Association.
Section 6. Meetings of Committees.
(a) The Executive Committee shall meet at such time and place as may be designated by the
President or any three members thereof, upon not less than two days' notice.
(b) Committees shall meet at such times and places as the respective [eh-air-men] chairpersons
thereof may designate, unless otherwise provided.
[Seetion �7. Words of the maseuline gender- used in this constitution shall include th
f miniue:}
➢ Motion to Recommend Adoption of Proposed Change: Cheryl Horton; Seconded: Mike
Marinaccio
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure and is recommending adoption of this proposal.
This proposal does not represent a substantive change to our current Bylaws in that it merely
changes current terminology in the Association's bylaws to be gender neutral.
21. Proposed Amendment to the Constitution and Bylaws of the
Association of Towns of the State of New York Submitted by Bob
Riggs, Delegate Town of Candor
Article VIII
Section 1. Legislative Program.
A legislative program setting forth legislation deemed necessary for the improvement of the town
government of this state, shall, as approved at the annual meeting, be prepared by the Executive
Committee and presented to the Governor and the Legislature of the State [at the beginning o
➢ Motion to Recommend Adoption of Proposed Change: Tim Whitesell; Seconded: Lori Milne
• Motion Carried
Explanation
The Resolutions Committee is reporting this proposal to the 2015 Delegates because it was
submitted in accordance with proper procedure and is recommending adoption of this proposal.
This proposal does not represent a substantive change to our current Bylaws. Rather this proposal
seeks to codify current practice.
Members of the 2014-15 AOTSNY Resolutions Committee
Michael Boesel, Highway Superintendent Town of Palmyra, Wayne County
Valerie M. Cartright, Councilwoman Town of Brookhaven, Suffolk County
Donald Castellucci, Supervisor Town of Owego, Tioga County
Randall Douglas, Supervisor Town of Jay, Essex County
Robert Giza, Recreation Commissioner Town of Lancaster, Erie County
Cindy Goliber, Town Clerk Town of Potsdam, St. Lawrence County
Dorothy Goosby, Councilwoman Town of Hempstead,Nassau County
Rebecca Haines, Town Clerk Town of Ellery, Chautauqua County
Cheryl Horton, Supervisor Town of Philadelphia, Jefferson County
Amel Jowdy, Town Justice Town of Cambria,Niagara County
Charles Lustig, Councilman Town of Willsboro, Essex County
Mike Marinaccio, Supervisor Town of Dickinson, Broome County
Donald Mekulik, Code Enforcement Officer Town of Hamptonburgh, Orange County
Bernie Meyer, Highway Superintendent Town of Canaan, Columbia County
Lori Milne, Tax Collector Town of Skaneateles, Onondaga County
Bill Moehle, Supervisor Town of Brighton, Monroe County
Betty Neville, Town Clerk Town of Southold, Suffolk County
Bill Nichols, Highway Superintendent Town of Belfast, Allegany County
Andrea Nilon, Assessor Town of Hamptonburgh, Orange County
Leonard Pero, Supervisor Town of Brant, Erie County
Denny M. Powers, Supervisor Town of Elma, Erie County
Tony Provenzano, Town Justice Town of Rye, Westchester County
Larry Quinn, Assessor Town of Arcadia, Wayne County
Jean Raymond, Supervisor Town of Edinburg, Saratoga County
Bob Taylor, Supervisor Town of New Lisbon, Otsego County
Ed Theobald, Supervisor Town of Manlius, Onondaga County
Dennis Valente, Supervisor Town of Davenport,Delaware County
Tina Ward Shuart, Town Clerk Town of Cobleskill, Schoharie County
Timothy Whitesell, Supervisor Town of Binghamton, Broome County
RULES FOR THE ANNUAL MEETING
ASSOCIATION OF TOWNS OF THE STATE OF NEW YORK
(Adopted I_o12 o 12014)
ARTICLE I- PURPOSE
Pursuant to Article III § 5 of the Constitution and By-laws of the Association of Towns of
the State of New York, the Association, duly convened, hereby finds that New York State is the
most dynamic and diverse state in the Union, and that the Association brings together dedicated
representatives from Town Government,the front line of service delivery across our state. In order
that the will of the majority shall always be upheld and effectuated while the voice of the minority
is heard and its rights are protected, and also so that civility, decorum and order shall prevail
during of its annual meeting,the Association hereby adopts these rules.
ARTICLE II -APPLICABILITY
These rules shall be in full force and effect during the Association's annual meeting held
each February pursuant to the Article III of the Constitution and By-Laws, and shall be amended
only by a resolution passed by a majority of delegates in a duly convened session.
ARTICLE III- PRESIDING OFFICER
The President of the Association, or designee thereof, shall preside at the Association's
annual meeting. If the President is not present or able to preside,then the First Vice President,or
designee thereof, shall preside.
The Presiding Officer shall decide all questions of order, and rulings of the Presiding
Officer shall not be the subject of debate. It shall require a majority of those delegates present to
overrule the chair.
ARTICLE IV - ORDER OF BUSINESS
The Association shall conduct its business in this sequence:
a. Call to Order
The Association shall convene at the time and place duly appointed and,upon a quorum of
a majority of delegates from member towns being present,as noted by the Chair of the Credentials
Committee,the President shall call the meeting to order and recite the Pledge of Allegiance.
b. Credentials Report
The Chair of the Credentials Committee or his or her designee shall present a report
regarding the number and names of member towns represented at the meeting (1993 Bylaws,
article 7, §2 (a))
C. I Executive Director Report
The executive director shall present a report regarding the work of the Association of
Towns.
d. Treasurer's Report
The treasurer shall present a report of the Association of Towns finances.
e. Report of the Nominating Committee
The Chair of the Nominating Committee or his or her designee shall present a report of the
nominating committee setting forth the names of those town officers who they have nominated for
the elective offices of president and the five vice presidents.
f. Election of Officers
Following acceptance of the report of the Nominations Committee, with any amendments
thereto passed by a majority of Association delegates,the report shall be taken up as a single slate
of candidates and voted upon.
g. Adoption of Resolutions
Only resolutions fiwem4ly reported from the Resolutions Committee shall be presented to
the Association for a vote. With respect to resolutions memorializing the New York State
Legislature, Governor, State Agencies or the New York State Congressional Delegation to act on
behalf of the Association,the Chair of the Resolutions Committee shall summarize each resolution
as it is called up for action. No amendment of such resolution shall be in order except for
typographical errors minor corrections designed to clarify its intent. Following the reading of
each resolution, a delegate shall move the resolution which,if duly seconded, shall be approved or
defeated by a majority of delegates present.
h. Consideration of Revisions to the Bylaws
Bylaws revisions duly reported from the Resolutions Committee and ripe for consideration
by the delegates shall be presented and acted upon by the delegates.
i. Other Business
j. Adjourn
ARTICLE V- DECORUM
All Delegates shall maintain the highest standards of civility and decorum during the
Annual Meeting. All debate shall be germane to the issue before the House. Debate shall be
dignified and lacking in personal invective. A delegate rising to debate or present a paper,to give a
notice,to make a motion or report,shall address the Presiding Officer and shall not proceed further
until recognized by the Chair.
ARTICLE VI-MOTIONS
a. All motions shall be germane to the matter before the Association and must be duly
seconded. When a question is before the Association,only the following motions, duly seconded,
shall be in order, in the following preference:
(1)For an adjournment.
(2) For a quorum.
(3) To lay on the table.
(4)To commit to a standing committee.
(5)To commit to a select committee.
(6)To amend.
b. The motion to adjourn, or for a quorum call, or to lay on the table, shall be decided
without debate, and shall always be in order.
ARTICLE VII - VOTING
The Presiding Officer may ascertain the credentials of any person claiming to be an official
delegate by a review of the Credentials Committee report as to the timely and proper filing of the
delegate's Town's Certificate of Designation and payment by said town's membership dues for
that year.
The Presiding Officer shall designate two or more official counters who may be called
upon by the Presiding Officer to count votes as needed.
The following votes shall be necessary to decide all questions:
Majority of Delegates - the adoption of all resolutions and the election of officers
Majority of Delegates Present - all procedural motions
Two-thirds of all Delegates - adoption or amendment of rules; amendment of the by-laws
Only Official Town Delegates may speak to and vote on matters brought up before the
Association. Voting shall be taken by displaying an Official Voting Paddle, or as determined by
the Presiding Officer.
The Presiding Officer shall announce the result of any vote.
1►
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Proposed Resolutions
2015 Legislative Program
November 21, 2014 Resolutions Committee Meeting
The President of the Association of Towns of the State of New York (AOTSNY) annually appoints a
resolutions committee made up of executive committee members and other member town officials.
Typically, the resolutions committee meets twice before the annual meeting (once in November and again
in early February)to review resolutions (new and existing), bylaw revision proposals and other legislative
issues submitted for its consideration. Those resolutions approved by the resolutions committee will be
reported to the town delegates of the annual meeting for their consideration. To assist the delegates in this
process, the executive committee has adopted rules of order (copy enclosed) to govern the resolutions
process at the annual meeting. In accordance with the rules of order, the language of the proposed
resolutions may not be changed at the annual meeting. Therefore, if your town would like to suggest
changes to the language of the enclosed resolutions, which were reviewed and reported out of the
November 21, 2014 resolutions committee meeting, provide your proposed changes to AOTSNY staff on
or before January 22, 2015 for the resolutions committee to consider at its February 2015 meeting.
The enclosed resolutions have been reported by the resolutions committee at its November 21, 2014
meeting. Please note that these resolutions may be modified or withdrawn by the resolutions committee at
its February 2015 meeting, and new resolutions may also be reported. In addition, the resolutions
committee has issued a report and recommendations regarding proposed amendments to the AOTSNY
bylaws for the delegates' consideration.
If you have new resolutions that you would like the resolutions committee to consider at its February
2015 meeting, please provide them to AOTSNY staff on or before January 22, 2015. The reported 2015
AOTSNY Legislative Resolutions will be voted upon by the delegates at the annual business session on
Wednesday, February 18, 2015 at the New York Hilton Midtown, 1335 Avenue of the Americas, New
York, New York, 10019. Once approved, the AOTSNY Legislative Platform will be printed and
distributed to member towns as well as state and federal legislative officials.
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Proposed Resolutions
2015 Legislative Program
November 21, 2014 Resolutions Committee Meeting
Resolution No. 1 Property Tax Cap
Resolution No. 2 Tax Freeze Look-Back Period
Resolution No. 3 Reform the Real Property Tax System
Resolution No. 4 Assessing and Taxing Fiber Optic Cable on Private Property
Resolution No. 5 Strengthen New York State's Partnership with Local Governments
Resolution No. 6 Preserve and Strengthen Home Rule
Resolution No. 7 Highway, Bridge and Transportation Funding
Resolution No. 8 Enact a Multiyear Federal Transportation Program
Resolution No. 9 Clean Water Act—Waters of the U.S.
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Whereas, New York State enacted a temporary tax cap program, which is scheduled to sunset on June 15,
2016 unless the state extends legislation regulating residential rent in New York City, which is scheduled
to sunset on June 15, 2015; and
Whereas, towns responsibly manage their finances, with the majority of towns levying at or below the
allowable levy limit annually despite limited revenue sources, stagnant state/federal aid and increasing
expenses; and
Whereas,New York State governs the manner in which towns raise revenue; and
Whereas, New York State has primarily provided real property tax relief through ad hoc property tax
exemptions rather than comprehensive property tax reform, resulting in a tax shift rather than a tax
reduction, as well as additional administrative and litigation costs; NOW THEREFORE BE IT
RESOLVED, that in order to make the property tax cap work for all New Yorkers, reforms will
need to be made, such as but not limited to:
• Exemptions for structured costs such as pension contributions, health insurance, debt
service and contract obligations — including but not limited to ambulance, fire and
emergency services;
• Exemptions for costs associated with road maintenance, repair, renovation and snow
removal,which are required to make our streets safe for travel and to grow our economy;
• Exemptions associated with capital projects and infrastructure improvements in utilities,
transportation and communications, which are required to improve our quality of life and
grow our economy;
• Exemptions for extraordinary expenses required to respond to public health emergencies,
such as a pandemic;
• Amendments to the tax cap formula to address disincentives to offer PILOTS, and
• Amendments to the tax cap formula to address disincentives to consolidate services; and
BE IT FURTHER RESOLVED, that the Association of Towns calls upon the Governor and state
Legislature to fund and/or eliminate state mandates, provide meaningful state aid, reform the real
property tax system and address cost drivers in the provision of local government
services/operations in order to provide lower property taxes for all New Yorkers.
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Background
The property tax cap was adopted in 2011 and is scheduled to expire in 2016 unless legislation regulating
rent in New York City is extended (Chapter 92 of the Laws of 2011). The legislation regulating New
York City rents is scheduled to expire in 2015. In his re-election campaign literature, Gov. Andrew
Cuomo stated that he intends to extend the tax cap legislation. The tax cap law established a limit on the
annual growth of property taxes levied by local governments and school districts to 2 percent or the rate
of inflation, whichever is less. The law sets forth a complicated formula to calculate a municipality's
annual levy limit, which takes into consideration a few statutory exemptions (tort judgments, pension
costs and credits for the transfer of functions and carry-over credits from previous years). Your town's
allowable levy limit is also impacted by any PILOT payments that you might receive. Towns have
identified some additional exemptions that should be included in the levy calculation in order to provide
the taxpayers with much-needed relief while affording local officials the opportunity to provide quality
local services. In addition, towns have determined that the manners in which PILOT payments and the
credits for the transfer of functions are calculated are in need of reform. Finally, more state aid, real
property tax reform and mandate relief are needed in order to achieve the property tax relief state leaders
have discussed.
PILOT Payments under the Tax Cap
Payments in lieu of taxes (or PILOTS) are a primary tool used by local industrial development agencies to
encourage economic development. A typical PILOT requires a company to make a fixed annual payment
to a municipality or school at a rate less than they would otherwise have been required to pay via real
property taxes. Under the state's tax cap formula, PILOT payments must be subtracted from a town's tax
allowable levy limit, which acts as a disincentive for local governments and school districts to offer these
arrangements to businesses. The Saratoga County Industrial Development Agency (SCIDA) and the
Saratoga Economic Development Corporation (SEDC) asked Camoin Associates to examine the fiscal
implications of the recently enacted New York State Property Tax Cap Legislation with respect to
Payment in Lieu of Taxes (PILOT) arrangements granted by industrial development agencies. The report
and recommendations are available on Camoin Associate's Web site:
http://www.camoinassociates.com/documents/Memov3-TaxCapLegislationandPILOTs.pdf
Transfer of Functions under the Tax Cap
In addition, although local governments are encouraged by state officials to consolidate, share or transfer
services and functions, the tax cap actually discourages this. Under the tax cap, when one local
government transfers a function to another local government, the state comptroller's office is required to
recalculate the allowable levy limits for both municipalities, which often results in the transferring local
government's allowable levy limit being reduced. Issues can arise when the function that was transferred
was not funded by real property taxes but was instead funded by user fees or rates.
The towns of Greenburgh and Clarkstown in Westchester County and the Erie County Association of
Local Governments sent in requests seeking to exclude capital projects from the tax cap. In addition, the
town of Greenburgh would like costs associated with snow removal and pandemics excluded from the tax
cap.
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Whereas, the New York State Department of Taxation and Finance released Publication 1030 dated July
14, 2014, providing guidance on the Property Tax Freeze Credit; and
Whereas, the Property Tax Freeze Credit is a state-funded program that reimburses qualifying New York
State homeowners for increases in local property taxes on their primary residence; and
Whereas, in order for the credit to be available to the homeowners in a local taxing jurisdiction, the
jurisdiction must comply with the New York State Property Tax Cap and, after the first year, must also
develop a "Government Efficiency Plan" that documents the ways in which the municipality proposes to
generate sustained savings equal to 1 percent of its property tax levy for at least three years through
efficiencies, shared services and reforms; and
Whereas, the state legislation that enacted the property tax freeze expressly requires the consideration of
"past efficiencies, shared services and reforms" in determining whether the cost-saving requirements of
the law have been met; and
Whereas, this "look-back" provision is intended to recognize and reward local governments that took
actions such as those now being advocated by the state long before the enactment of the property tax
freeze legislation and that are generating recurring annual savings for local taxpayers; and
Whereas, the property tax freeze legislation does not limit the look-back period provided to local
governments, thereby providing the state Division of Budget great latitude to consider accomplishments
of local governments that have proven to be sustainable and that are continuing to generate annual savings
to local taxpayers today; and
Whereas, the state Division of Budget has chosen to exercise this latitude in an extraordinarily narrow and
limited manner, allowing consideration of only those measures put in place since 2012, the initial year of
the state's cap on local property tax levies; and
Whereas, the restrictive "look-back" period established by the Division of Budget fails to recognize the
substantial and sustained property tax savings associated with existing consolidations and shared service
arrangements, NOW THEREFORE BE IT
RESOLVED, that the Association of Towns respectfully requests that the state Division of Budget
considers actions taken before January 2012 that continue to demonstrate savings to the taxpayers.
Background
The tax freeze rebate program is a short-term property tax relief program consisting of rebate checks to
qualifying star-eligible property taxpayers provided the town, county, city village or school district in
which they live enacts a budget at or under their allowable levy limit and adopts an efficiency plan
intended to save money going forward. Efficiency plans must be submitted to the Division of Budget for
compliance and approval. A participating local government can realize the required savings through either
individual actions or shared services. The legislation essentially provides that existing shared services that
are still producing savings may be considered. There is no cut-off provided in the legislation but a
recently released guidance document from the Department of Taxation and Finance indicates that the state
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will consider only shared services entered into after January 2012. The limitation placed on the look-back
period in the guidance document will eliminate numerous pre-existing shared service arrangements that
are still producing savings. This proposal seeks to open the look-back period to capture those
arrangements that predate the tax cap and that are still producing taxpayer savings.
State Guidance on Property Tax Freeze: http://www.tax.ny.gov/pdf/publications/orpts/pub1030.pdf
The towns of Enfield, Ulysses and Caroline in Tompkins County sent in requests seeking to extend the
look-back period provided for in the state guidance on the Tax Freeze Program.
Whereas, towns are heavily reliant on real property tax revenues to fund important government services;
and
Whereas, New York's real property tax burden is among the highest in the nation, diminishing standards
of living and economic vitality across the state; and
Whereas, a contributing factor to high real property taxes is the volume of legislation passed each year
granting particular property owners and not-for-profits either a partial or full exemption from the payment
of real property taxes and relief from established taxable status dates; and
Whereas, the manner in which condominiums, cooperative housing and certain multifamily dwelling units
are assessed further contributes to high real property taxes in this state; and
Whereas, it is essential that the cumulative long-term impact of real property tax exemptions be addressed
in New York, particularly in light of the continual erosion of real property tax bases resulting from the
above practices; NOW THEREFORE BE IT
RESOLVED, that the Association of Towns calls upon the Governor and the Legislature to define
and enact a uniform, well-defined approach to exemption and taxable status date legislation and
provide state funding for any state-mandated or-encouraged exemption programs and protect local
property tax revenues.
Background
New Yorkers pay among the highest real property taxes in the nation. One reason New Yorkers pay high
real property taxes is due to the method of real property assessment. Most notably, New York State Law
provides favored status to certain properties to the detriment of others. There are hundreds of real property
tax exemptions enacted into New York State Law, taking 33 percent of all real property in New York
State off the tax rolls. These exemptions, however, do not typically reduce the amount of money that a
local government must raise by taxes in order to provide services; rather, they simply cause that amount to
be raised from a smaller tax base. Property tax exemptions eliminate the taxes one party would owe and
shift the burden to other taxpayers. In addition to the shift in tax burden to those left without exemptions,
taxpayers fund the administration of this complicated system of property tax exemptions.
Even though 43 percent of local government revenues and approximately 50 percent of town revenues are
derived from real property taxes, the Legislature annually introduces hundreds of bills to provide for more
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real property tax exemptions to both private parties and not-for-profits. Numerous legislative hearings,
bills and proposals have been devoted to the issue of real property tax reform, but to date, no measurable
improvements in the area of property tax exemptions have been enacted.
The Association of Towns' legislative agenda often includes one or more resolutions devoted to
addressing issues with our real property tax system. This resolution focuses on issues surrounding
exemptions generally, including the sheer number of exemptions that continue to be enacted annually, as
well as the administration of the exemption program.
,
Whereas, fiber optic cable located on private property has traditionally been subject to both assessment
and taxation under Real Property Tax Law, §102 (12)(i); and
Whereas, a recent decision by the Appellate Division, First Department determined that fiber optic cable
on private property is not subject to assessment or taxation under the Real Property Tax Law, thereby
overturning more than 25 years of precedent and practice; and
Whereas, this decision has the effect of creating a new property tax exemption, thereby increasing the
property tax burden on farmers, homeowners and businesses; NOW THEREFORE BE IT
RESOLVED, that the Association of Towns respectfully requests that the Real Property Tax Law
be amended to provide that fiber optic cable on private property is subject to assessment and
taxation.
Background
The taxable full value of property in many towns has decreased due to a 2012 court decision, which
determined that certain fiber optic cable is not taxable real property under the state's Real Property Tax
Law. Fiber optic cable had been considered taxable property under the Real Property Tax Law, §102
(12)(i) as "all lines, wires, poles, supports and enclosures for electrical conductors used in connection with
the transmission or switching of electromagnetic voice, video and data signals." In Matter of RCN N.Y.
Communications, LLC v. NYC Tax Commission, 95 A.D.3d 456, 943 N.Y.S.2d 480 (1st Dept. 2012)
Leave to Appeal Denied 20 N.Y.3d 855, 982 N.E.2d 619, 958 N.Y.S.2d 699 (2012), RCN argued that the
law includes only "lines, wires, poles, supports and enclosures" which are "for electrical conductors" and
therefore fiber optic cable, which is not used for electricity, is not included in this definition. The
Appellate Division agreed with the company and determined that fiber optic cable is not included as
electrical conductors under the law's ambiguous language. Many town assessors have decided to remove
the fiber optics from the real property tax roll rather than face lawsuits from fiber optic companies. Many
towns and assessors have adopted resolutions expressing concern over the ramifications of this case and
have called upon the state Legislature to amend the Real Property Tax Law to include fiber optic cable in
the definition of taxable real property.
Carryover resolution from the 2014 Legislative Program.
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Whereas, the Congressional Budget Office recently noted that local governments play a significant role in
people's lives and in the nation's economy; and
Whereas, local governments, in partnership with the State of New York educate our children, protect our
environment, respond to emergencies, care for those in need and foster economic growth; and
Whereas, compliance with state and federal regulations increases the cost to taxpayers to fund state and
local services; and
Whereas, state revenue sharing; program funding and technical assistance has not kept pace with the costs
to provide these services; and
Whereas, many of these services are therefore funded with local real property taxes; and
Whereas, the state has evinced a commitment to reduce property taxes with the enactment of the real
property tax cap; NOW THEREFORE BE IT
RESOLVED, that the Association of Towns calls upon the Governor and the Legislature to enact
comprehensive mandate relief legislation that provides permanent and full funding of existing and
future mandates and requires all legislation to include thorough local fiscal impact notes regarding
the actual expense of implementing said legislation; and BE IT FURTHER
RESOLVED, that the Association of Towns calls upon the Governor and the Legislature to increase
revenue sharing, program funding and technical assistance to localities.
Background
Mandate Relief
Unfunded mandates come in all shapes and sizes. Some mandates require local governments to perform a
service, some mandates require local governments to implement state/federal policies; some mandates
dictate the manner in which local government services or operations are provided, and some mandates
impose bureaucratic reporting requirements. Some progress has been made regarding mandates. Several
bills have been introduced in the last few years to fund or eliminate the enactment of new mandates.
Unfortunately, these bills have not passed both houses, but the fact that these bills have been introduced
demonstrates that state lawmakers are aware of the cost of mandates on local operations. Some gains have
been made regarding procurement mandates; for example, local governments may utilize `best value'
bidding to allow greater flexibility and to piggy-back off government contracts outside New York State.
In addition, the Legislature eliminated the requirement that attorneys certify local laws prior to filing with
the secretary of state. Although numerous state and federal commissions, councils, reports, executive
orders, bills and recommendations regarding mandate relief have been put forth in the last decade, there is
more work to be done.
Revenue Sharing
General revenue sharing is provided to towns through the Aid and Incentive for Municipalities (AIM)
program. The purpose of AIM funding is to help local governments stabilize real property taxes. The
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2014-15 State Budget maintained AIM funding at last year's levels, totaling $715 million for cities,
villages and towns. Unfortunately, since 2008, AIM funding has been cut by 7 percent. The state
comptroller authored a report in 2005 that explains the history of revenue sharing and the cutbacks that
have been made over the last few decades.
Carryover Resolution from the 2014 Legislative Program with an additional request for more revenue
sharing.
Whereas, since 1894, the Constitution has granted broad home rule powers to local governments and
placed corresponding restrictions on the state Legislature to preserve these powers; and
Whereas, home rule powers encompass a wide range of subjects including but not limited to: the power to
adopt, amend and repeal local laws in the exercise of its functions, powers and duties; the power to share
services and act cooperatively with other local governments; the power to acquire real and personal
property for its corporate purposes; the power to establish recreational facilities; the power to dispose of
its real and personal property; the power to levy and collect rents and/or penalties in a city, village or
town; the power to adopt, amend and repeal zoning regulations; and the power to perform comprehensive
or other planning work relating to its jurisdiction; and
Whereas, the exercise of these powers permits local governing bodies to meet the unique and diverse
needs of local residents while fostering citizen participation and grassroots involvement in government;
and
Whereas, New York's diverse communities are best served by maintaining the principles of home rule,
including those set forth in the state Constitution, Local Government Bill of Rights, Statute of Local
Governments and the Municipal Home Rule Law; NOW THEREFORE BE IT
RESOLVED, that the Association of Towns calls upon the Governor and the Legislature to
preserve and strengthen home rule; and BE IT FURTHER
RESOLVED, that the Association of Towns will strongly oppose any state initiative to weaken or
eliminate New York's long-standing tradition of home rule and local government authority.
Background
Home Rule can be described as a method by which a state government can transfer a portion of its
governmental powers to a local government. This power transfer provides local governments with
autonomy in the management of their local affairs. The objective of this transfer of authority is a more
equitable and efficient allocation of duties and rights between the state and its local governments. The
evolution of Home Rule occurred over the span of several decades. Cities, counties and some villages all
received home rule powers before towns. Towns received home rule powers with the adoption of the
1963/1964 Constitutional Amendments. Unfortunately, through a series of court cases and legislative
enactments, the state has weakened local home rule powers by finding local governments are preempted
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by the state regarding areas of local concern. This resolution seeks to preserve and strengthen home rule
to allow town governments the needed authority to serve New Yorkers who live and work in towns.
Carryover Resolution from the 2014 Legislative Program.
Whereas, a safe and dependable transportation network is necessary to protect users of New York's roads,
bridges and mass transit and to encourage and sustain economic development with every dollar being
spent on road improvements resulting in $5.40 in economic benefits; and
Whereas, the roads and bridges that make up our nation's highway and transit infrastructure are built,
operated and maintained through the collaborative financial assistance of federal, state and local
governments, with 85 percent of New York's roads and bridges maintained by local governments; and
Whereas, studies of New York's extensive local road system continue to identify a multibillion dollar
shortfall in funding for local highways and bridges; and
Whereas, the New York State Consolidated Local Street and Highway Improvement Program (CHIPS),
which was established to assist localities in financing the construction, reconstruction, maintenance and
improvement of local transportation infrastructure (Highway Law, §10-c), is subject to annual
appropriation; and
Whereas, several reports issued by the state comptroller have found that only one-third of the New York
Dedicated Highway and Bridge Trust Fund has been spent on building and repairing roads; NOW
THEREFORE BE IT
RESOLVED, that the Association of Towns calls upon the Governor, members of the state
Legislature and the Department of Transportation to fully fund and preserve the Dedicated
Highway and Bridge Trust Fund (DHBTF) for capital infrastructure expenditures and to phase out
noncapital expenditures; and BE IT FURTHER
RESOLVED, that the Association of Towns calls upon the Governor, the state Legislature and the
Department of Transportation to maintain CHIPS and increase funding in the 2015-16 State
Budget and to provide a stable and sustainable funding stream for local infrastructure; and BE IT
FURTHER
RESOLVED, that the Association of Towns calls upon the Governor and the state Legislature to
appropriate a portion of the multi-billion dollar legal settlement funds to provide additional
funding for local roads and bridges.
Background
Local governments are responsible for 85 percent of New York's roads and bridges. In 2013, the NYS
Association of Town Highway Superintendents released a new 20-Year Needs Assessment of Local
Highway and Bridge Infrastructure.
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According to the assessment, local roads and bridges need $35 billion over the next 15 years. Forty-six
percent of the vehicle miles travelled in New York occurs on local roads. The report concludes that local
governments should be receiving an additional $1.3 billion annually in highway funding to address the
need and usage patterns.
An Assessment of Local Jurisdiction Highway and Bridge Infrastructure Needs in New York State (2013)
https://www.nystownhwys.org/wp-content/uploads/2014/11/2013 LocalNeedsAssessmentUpdate.pdf
CHIPS and Marchiselli
In 1982, the Consolidated Local Street and Highway Improvement Program (CHIPS) was established to
assist localities in financing the construction, reconstruction or improvement of local highways, bridges,
highway-railroad crossings and/or other local facilities (Highway Law, §10-c). The NYS Department of
Transportation (DOT) annually calculates CHIPS funding in accordance with formulas specified in
Highway Law, §10-c. Unfortunately, funding for local roads has not kept pace with the need to repair
existing roads and bridges. More funding is needed to meet the needs of local roads and bridges.
NYSDOT has more information on CHIPS: https://www.dot.ny.gov/prograins/chips
Capital aid to local governments for highway and bridge projects was preserved at 2013-14 levels, with
$438.1 million provided for CHIPS and $39.7 million for the Marchiselli program or a total of $477.8
million. In order to improve transparency, financing efficiency and seamlessness of payments to local
governments, CHIPS, Marchiselli and other local programs are being appropriated and brought on budget.
Previously, CHIPS, Marchiselli and other local programs were financed outside the budget, with bonds
issued and payments made directly from state-supported bonds issued by the Thruway Authority (2014-15
New York State Executive Budget).
Carryover resolution from the 2014 Legislative Program.
Whereas, MAP-21 was set to expire on Oct. 1, 2014 but was extended through May 31, 2015; and
Whereas, enacting a new multiyear federal transportation funding program will provide reliable funding
for state and local roads and bridges; and
Whereas, studies have shown that investing in America's infrastructure will result in economic growth
and the creation of jobs; NOW THEREFORE BE IT
RESOLVED, that the Association of Towns calls upon the New York Congressional Delegation to
adopt a multiyear federal surface transportation bill, which includes: robust funding for local
roads, bridges and transportation projects, including active transportation projects; sufficient
funding to ensure that the Federal Highway Trust Fund is fully solvent; funding for off-system
bridges; funds set aside for the TAP Program; and the categorical exclusion for smaller projects.
Background
Federal Highway Trust Fund and MAP-21
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According to the Congressional Budget Office, the Highway Trust Fund could be insolvent in 2015. "The
federal government's surface transportation programs are financed mostly through the Highway Trust
Fund, an accounting mechanism in the federal budget that comprises two separate accounts, one for
highways and one for mass transit. Revenues credited to those accounts are derived mostly from excise
taxes on gasoline and certain other motor fuels. The fund also is credited with interest on its accumulated
balances. Spending from the Highway Trust Fund is partly determined by authorization acts that provide
budget authority for highway programs, mostly in the form of contract authority. How much of that
contract authority can be used in a given year is governed by obligation limitations that are customarily
set in annual appropriation acts. The Moving Ahead for Progress in the 21st Century (MAP-21, Public
Law 112-141) is the most recent authorization for highway and transit programs.
Highway Trust Fund Extender Legislation Passes House and Senate
The Highway Trust Fund was established in 1956 to provide a dedicated source of federal funding for
highways. It is the primary way that federal highway and transit programs are funded for state, local and
national projects across the country. The Highway Trust Fund has two main sources of revenue. The first
is through federal excise taxes on motor fuels also known as the gas tax. Americans — primarily through
businesses — pay a tax for the amount, not price, of motor fuels that they purchase. The second tax is
based on truck-related (trucks, trailers and other heavy-use vehicles) taxes. Again, truck manufacturers
and tire retailers primarily pay these taxes. These revenues comprise about 84 percent of the funding
dedicated to the Highway Trust Fund. In the last week of July, Congress passed an $11 billion extender
bill to fund the Highway Transportation Trust fund through May 31, 2015. MAP-21 (Moving Ahead for
Progress in the 21st Century), the current two-year federal
Carryover resolution from the 2014 Legislative Program.
� z
Whereas, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers
(Corps) have released a draft regulation regarding the definition of"waters of the U.S." under the Clean
Water Act; and
Whereas, both agencies are seeking a rule change to give the federal government more authority by
redefining what constitutes "waters of the U.S." subject to the Clean Water Act; and
Whereas, the proposed rule change broadens the federal government's discretion to make a determination
of jurisdiction over whether any rural ditches, drains, ponds, wetlands or washes are "waters of the U.S."
subject to federal Clean Water Act jurisdiction and permitting requirements; and
Whereas, the proposed rule change, if adopted, may cause significant financial hardship to local farmers,
businesses and negatively impact municipal infrastructure, such as roadside ditches and stormwater
channels; and
Whereas, the proposed rule does not provide additional federal funding assistance to help meet the cost of
this rule; and
Whereas, the Clean Water Act and implementing regulations must recognize the partnership between
federal, state and local governments to preserve quality drinking water; and
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Whereas, municipalities have assumed an ever-increasing share of the cost of protecting our water
systems as a regulator and a permittee; and
Whereas, much of the anticipated cost of this rule would be financed from municipal resources, and thus
divert resources from other essential public services; NOW THEREFORE BE IT
RESOLVED, that the Association of Towns opposes the proposed regulation in its current form;
and BE IT FURTHER
RESOLVED, that the Association of Towns calls upon our members of the New York
Congressional Delegation and the EPA and Corps to address concerns expressed by local
governments, farmers and businesses regarding the scope of the proposed regulation and the cost of
compliance; and BE IT FURTHER
RESOLVED, that the Association of Towns calls upon Governor, state Legislature and the State
Department of Environmental Conservation not to impose or expand any unfunded mandates
regarding the implementation of the final federal regulation.
Background
The Clean Water Act (CWA) was enacted in 1972 to address pollution entering the nation's waters.
Currently, "waters of the U.S." covered by the CWA extend beyond traditionally navigable waters and
also include headwater streams, lakes and wetlands, among others. More recently, in 2001 and 2006, two
United States Supreme Court cases, Solid Waste Agency of Northern Cook County v. United States Army
Corps of Engineers (531 U.S.159, 2001), and Rapanos v. United States, (547 U.S. 715, 2006), raised
questions about which waters fall under federal jurisdiction, creating uncertainty both within the
regulating agencies and the regulated community over the definition of"waters of the U.S." These cases
changed the test for determining when certain waters should be protected by the CWA specifically by
stating that upstream waters that have a"significant nexus"to navigable waters are covered by the CWA.
According to the Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers
(Corps), the federal agencies in charge of overseeing the CWA, the proposed rule seeks to codify the
"significant nexus" test adopted by the United States Supreme Court as well as further clarify other
ambiguous definitions currently in place regarding what constitutes a "waters of the U.S." Local
governments, farmers and developers are concerned that the proposed rule actually expands the
jurisdiction of the CWA and would include areas such as floodplains and ditches; however, the EPA has
stated that that changes would not cover anything new. Rather, the proposed rule simply seeks to better
explain existing rules.
The proposed rule is available on this Web site: http://www.gpo. og v/fdsys/pkg/FR-2014-04-21/pdf/2014-
07142.pdf, and the EPA's explanation of the rule is available here: http://www2.epa.gov/uswaters.
The National Association of Towns and Townships (NATaT)has issued a report on the Clean Water Act
—Proposed Rule on"Waters of the United States," which explains the concerns of local governments
regarding the proposed rule.
http://www.natat.org/sites/default/fi les/NATaT%20Report%20-
%20Proposed%20Rule%20on%20Waters%20of%20the%20US.pdf
13
Numerous towns, including the Town of Dickinson in Broome County, the Town of Batativa in Genesee
County and the Town of Thompson in Sullivan County submitted requests opposing the EPA/Corps
proposed regulation regarding the definition of"waters of the U.S." under the Clean Water Act.
14
2015 BUDGET
THE ASSOCIATION OF TOWNS
OF THE STATE OF NEW YORK
REVENUE
MEMBERSHIP DUES 830,000.00
ANNUAL MEETING 195,000.00
INTEREST EARNINGS 45,000.00
RNANCESCHOOL 30,0100.00
HIGHWA Y SCHOOL 48,000.00
NEWLYELECTED SCHOOL 1,000.00
MZSCHOOL 17,000.00
PERSONNEL SCHOOL 4,000.00
TAX COLLECTORS SCHOOL 10,000.010
SPECIAL SCHOOLS 110,000.00
PUBLICATIONS 40,000.00
NYMIR 365,000.00
COMPUTEL
WCA 554,250.00
NYMIR/WCA/COMPUTEL 919,250.00
TOTAL REVENUE 2,139,250.00
2015 BUDGET
THE ASSOCIATION OF TOWNS
OF THE STATE OF NEW YORK
EXPENDITURES
BANKSERVICE CHARGE 1,825.00
INTERNET&HOSTING 7,450.00
CREDIT C4 RD FEES 5,0010.00
L45ERFICHESY57EM 7,000.00
LEGAL EXPENSE 2,000.00
MARKETING EXPENSE 225.00
OFFICE SUPPLIES 9,0010.00
ACCOUNTING 7,500.00
WEBSITE DEVELOPMENT 10,000.00
OFFICE EXPENSES 50,000.00
COMPUTER HARDWARE/SOFTWARE 12,500.00
OFFICE EQUIPT 13,500.00
EQUIPT RENATL/MAINTENANCE 14,000.00
OFFICE EQUIPT 40,000.00
RENT 90,000.00
GENERAL POSTAGE 18,000.00
TELEPHONE 71500.00
PUBLICATIONS 150,000.00
SALARIES 950,000.00
NYS RETIREMENT 115,000.00
HEALTH INSURANCE 115,000.00
DISABILITY 1,000.00
WORKER'S COMP 5,500.00
INSURANCE OTHER 61500.00
NATAT 45,000.00
ANNUAL MEETING 275,000.00
EXECUTIVE COMMITTEE 60,000.00
INFORMATION RESOURCE 35,000.00
PROFESSIONAL AFFILIATIONS 450.00
LOBBYING 92,050.00
TRAINING&EDUCATION 2,500.00
HEARINGS, MTGS, LOBBYING 130,000.00
NYMIR/WORKERS COMP. 2,250.00
FINANCESCHOOL 25,500.00
HIGHWA Y SCHOOL 30,000.00
NEWLYELECTED SCHOOL 2,500.00
P&ZSCHOOL 12,0100.00
TAX RECEIVER SCHOOL 15,000.00
SPECIAL SCHOOLS 85,000.00
TOTAL EXPENDITURES 21139,250.00
�1
r n
1
` THE ASSOCIATION OF TOWNS
of the State of New York
150 State Street,Albany, New York 12207
"Service and Representation for the 932 Town Governments of New York"
Gerry K. Geist, Executive Director- PHONE: [518]465-7933 - FAX: [518]465-0724
Website and e:maH: WWW.NYTOWNS.ORG
December 31, 2014
Town of Southold
County Of Suffolk
Annual Town Association Membership Dues for the year beginning
January 1, 2015 as authorized by Article 8 of the Town Law.
Dues: $1,800.00
These dues are computed from the latest complete information of your
town's "Total Town Revenue" as reported to the Office of the State
Comptroller.
Claimant's Certification
I certify that the above bill is just, true and correct; that no part thereof has been paid except
as stated and that the balance is actually due and owing, and that taxes from which the
municipality is exempt are not included.
GERRY K. GEIST
Executive Director
Association of Towns of the State of New York
Dues Schedule for 2015
FY2012 Revenues: FY2015 Dues:
Between: $0 and $149,999 = $200
Between: $150,000 and $249,999 = $300
Between: $250,000 and $424,999 = $400
Between: $425,000 and $799,999 = $500
Between: $800,000 and $999,999 = $600
Between: $1,000,000 and $1,249,999 = $700
Between: $1,250,000 and $1,699,999 = $800
Between: $1,700,000 and $2,099,999 = $900
Between: $2,100,000 and $2,699,999 = $1,000
Between: $2,700,000 and $4,999,999 = $1,100
Between: $5,000,000 and $7,499,999 = $1,200
Between: $7,500,000 and $9,999,999 = $1,350
Between: $10,000,000 and $19,999,999 = $1,500
Between: $20,000,000 and $49,999,999 = $1,650
Between: $50,000,000 and $99,999,999 = $1,800
Over: $100,000,000 = $1,950
Note: Towns for which data is not available from the OSC
("unreported")will be billed the 2014 amount for 2015 dues.
Questions and Answers:
Q. Why is my dues amount based on FY2012 revenues?
A. FY2012revenue data are the latest available from the Office of the State
Comptroller
Q. Why isn't my dues amount the round number listed across from my
revenue amount on the schedule?
A. The dues of any town with less than$7.5 Million revenue may not increase more
than$99.00 in any one year. An increase"cap"of$99.00 has been applied in
many cases resulting in non-rounded amounts approaching,but not reaching,
the new rounded amounts