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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 2 v • r • 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► 9 / 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. 1 r 1 t .. to 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. 2 r r 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. 3 r 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. 4 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 5 r 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 6 r 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. 7 i 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 8 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 9 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. 10 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 11 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 12 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