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2007-0362007-36 Resolution Authorizing the Association of Towns Proposed Legislative Resolutions for 2007 At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on January 8t', 2007. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero William H. Beale Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, the New York State Association of Towns has submitted fourteen resolutions for consideration by the Town of Wappinger Town Board, and WHEREAS, the following resolutions attached are for consideration by the Town Board: Resolution No. 1 - Litigation Expenses Court of Claims and Collateral Source Legislation Resolution No. 2 - Mandate Relief Resolution No. 3 - GML 207-c Disability Benefits for Law Enforcement Resolution No. 4 - Preserve Local Control over Active and Retiree Health Insurance Benefits Resolution No. 5 - Reform Real Property Tax Exemptions Resolution No. 6 - Reform Condominium Assessments Resolution No. 7 - Special Franchise Assessment Litigation Charge -Backs Resolution No. 8 - School Funding Reform Resolution No. 9 - Efficient Highway Administration Resolution No. 10 - Speed Limits on Town Roads Resolution No. 11 - ATV Use of Town Roads Resolution No. 12 - Pension Relief Resolution No. 13 - Resolution Publication of Legal Notices Resolution No. 14 - Increase in Justice Court Funding NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1) The Town Board of the Town of Wappinger hereby supports the following resolutions set forth by the New York State Association of Towns: Resolution No. 1 - Litigation Expenses Court of Claims and Collateral Source Legislation Resolution No. 2 - Mandate Relief Resolution No. 3 - GML 207-c Disability Benefits for Law Enforcement Resolution No. 4 - Preserve Local Control over Active and Retiree Health Insurance Benefits Resolution No. 5 - Reform Real Property Tax Exemptions Resolution No. 6 - Reform Condominium Assessments Resolution No. 7 - Special Franchise Assessment Litigation Charge -Backs Resolution No. 8 - School Funding Reform Resolution No. 9 - Efficient Highway Administration Resolution No. 10 - Speed Limits on Town Roads Resolution No. 11 - ATV Use of Town Roads Resolution No. 12 - Pension Relief Resolution No. 13 - Resolution Publication of Legal Notices Resolution No. 14 - Increase in Justice Court Funding The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT Dated: Wappingers Falls, New York 1/8/2007 The Resolution is hereby duly declared adopted. Qclr*t� HN C. AASTERSON, TOWN CLERK ApT S � Association of Towns of the Stote of New York Table of Contents Pry 1 ative S ❑ Litigation Expenses (Court of Claims and Collateral Source Legislation) ❑ Mandate Relief (WICKS Law, Prevailing Wage and Compulsory Binding Arbitration) ❑ GML 207-c Disability Benefits for Law Enforcement ❑ Preserve Local Control over Active and Retiree Health Insurance Benefits ❑ Reform Real Property Tax Exemptions ❑ Reform Condominium Assessments ❑ Special Franchise Assessment Litigation Charge -Backs ❑ School Funding Reform ❑ Efficient Highway Administration ❑ Speed Limits on Town Roads ❑ ATV Use of Town Roads ❑ Pension Relief ❑ Publication of Legal Notices in Community Newspapers ❑ Increase in Justice Court Funding Please note that the Resolutions Committee will be meeting again on February 6, 2007 to review newly proposed resolutions and to reevaluate existing resolutions. On February 21, 2007, the Resolutions remittee will present their final recommended resolutions to the delegates of the Association of Towns he State of New York at the Association's annual Business Session held at the Hilton New York. Resolution No. 1 A mitigation Expenses Court of Claims and Collateral Source Legislation WHEREAS, the costs of defending and paying liability claims in the U.S. have hit over $205 billion; and WHEREAS, recent studies report that at these levels, tort costs amount to a 5% tax on wages and $721 per each U.S. citizen, with annual increases in tort costs expected to be in the 7-11% range for the next several years; and WHEREAS, it is essential that New York State maintain a balanced civil justice system that can serve as a guarantor and protector of individual rights and freedoms while preserving the equally important democratic values of fairness and personal responsibility; NOW THEREFORE BE IT RESOLVED, that the Association of Towns urges the Governor and the Legislature to reform the State's civil justice system and, in particular: (1) authorize towns and other local governments to defend themselves in the nonjury forum of the State Court of Claims where the State has been privileged to defend itself since the end of sovereign immunity more than 70 years ago; and (2) amend CPLR, §4545 (e.g. 5.1544/A.4354 (2005-2006)) to allow local governments to offset the cost of damage awards with collateral sources. Resolution No. 2 Lland'ate Relief WHEREAS, mandates, such as the WICKS Law, Prevailing Wage and Compulsory Binding Arbitration continue to frustrate local government's ability to reduce the real property tax burden by achieving greater economy and efficiency in local operations; NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls upon the Governor and Legislature to repeal costly unfunded mandates on local governments, such as those identified above or, alternatively, to reform these mandates by: 1) raising the project cost thresholds before WICKS would be applicable; 2) reforming prevailing wage; and 3) including the ability to pay, without raising taxes, as a priority consideration for binding arbitration panels. Resolution No. 3 GML 207-c Disability Benefits for Law Enforcement WHEREAS, law enforcement personnel are entitled to payment of municipal compensation benefits including, payment of salary, fringe benefits and all medical costs when they are injured in the line of duty pursuant to General Municipal Law (GML), §207-c and these payments are non-taxable and can continue for years or even decades until there is recovery, a disability retirement or attainment of retirement age; and HERAS, the New York Court of Appeals recently decided (Matter of Theroux v. Reilly et al), that all law nHER-EAS, officers who are injured or fall ill in the performance of their duties, regardless of the duties performed or the nature of the injury, are entitled to the payment of the full benefits provided by GML, §207-c; and WHEREAS, the Office of the New York State Comptroller has the final determination as to when a law ,nforcement officer is eligible for a disability retirement and historically he has been reluctant to issue disability ;tirements to law enforcement officers who are receiving section 207-c benefits; and WHEREAS, law enforcement officers have been known to stay on municipal payrolls receiving 207-c benefits for multiple years thereby filling a roster spot in a department that could be filled by a healthy law enforcement officer; and WHEREAS, this latest change in the interpretation of GML, §207-c by New York Court of Appeals will substantially increase municipal compensation costs and create a great hardship to taxpayers at all municipal government levels; NOW THEREFORE BE IT RESOLVED, that the New York State Association of Towns supports legislation to amend General Municipal Law, §207-c to require that disability retirement benefits be extended to any law enforcement officer who has been receiving GML, § 207-c benefit for a period of 36 months without the ability to return to work. Resolution No. 4 Preserve Local Control over Active and Retiree Health Insurance Benefits WHEREAS, GASB 34 compliant municipalities now have to account for future employee liabilities, such as -tiree health care costs, in financial reporting requirements; and ,HEREAS, many towns choose to provide health insurance benefits, although provision of health insurance benefits to town officers and employees (active and/or retired) is permissive (General Municipal Law, §92-a); and WHEREAS, towns currently have the authority to adjust health insurance benefits upon reasonable notice and subject to any collective bargaining agreements where applicable; and WHEREAS, many towns are facing double-digit increases in health care costs while their budgets are overburdened with fixed mandated costs such as for pension payments, workers' compensation and the like-, and WHEREAS, real property taxes in New York are among the highest in the nation; NOW THEREFORE BE IT RESOLVED, that the Association of Towns is opposed to any State mandated restriction (e.g. A.7175/S. 2501-B (2004) or A. 4962a/S.973a (2004)) which would affect a local government's control over the provision of health care benefits to its active or retired officers and employees. Resolution No. 5 Reform Real Property Tax Exemptions WHEREAS, nearly one-third of the real property value across New York State is exempt from taxation; and q. IEREAS, tax exemptions need to be more closely scrutinized so that homeowners and small businesses do not liltinue to shoulder the costs of higher property taxes while groups and organizations receive tax exemptions due to exemption laws that are among the most generous in the Nation; NOW THEREFORE BE IT RESOLVED, that the Association of Towns supports legislative initiatives that would NOT eliminate exemptions, but rather place the burden of qualifying for tax exemption on the organization claiming tax exempt status, and require such organizations to prove by clear and convincing evidence to local assessors that the property is used exclusively for exempt purposes. Resolution '-No. 6 Reform Condominium Assessments WHEREAS, Real Property Law, §339-y has been interpreted by courts to limit an assessor's method of establishing a condominium assessment to the income approach, resulting in the assessment for each unit significantly under market value, sometimes by as much as 50% or more; and WHEREAS, further abuse of section 339-y now includes attempts by developers to take large tracts of land, construct large single-family houses on one or two acres and instead of simply subdividing the property, establish a condominium with two classes of common areas, a limited common area (consisting of all the parcels surrounding each residence), which is for the exclusive use of the owner and occupant of the "condominium unit", and one general common area consisting only of the roadways within the development; and WHEREAS, by structuring ownership of the property in the manner just described, section 339-y limits the assessing unit to setting assessments on all the units as if the property were a single parcel, resulting in a steep reduction in what the assessment would otherwise be; NOW THEREFORE BE IT tESOLVED, that the Association of Towns again calls upon the Legislature and the Governor to repeal Zeal Property Law, §339-y so as to provide equal treatment for all types of residential housing and to revent the continuing abuses of section 339-y as described above. Resolution No. 7 ` Special Franchise Assessment Litigation Charge -Backs WHEREAS, the legal requirement to establish Special Franchise Assessments resides with the Board of Real Property Services (RPTL §202); and WHEREAS, such assessments are prepared annually by the Office of Real Property Services (ORFS) on behalf of local governments pursuant to Real Property Tax Law; and WHEREAS, RPTL §742 requires the compensation of any counsel and expert witnesses employed by the attorney general and State of New York necessary to the defense of those assessments..."be a charge upon the assessing unit upon whose rolls appears the assessment sought to be reviewed..."; and WHEREAS, any costs associated with the challenges made by the owners of any such special franchise properties should more appropriately be borne by the Office of Real Property Services; NOW THEREFORE BE IT 'ESOLVED, that the Association of Towns shall support legislation (e.g. S.1373/ A.6667) amending the Real Lroperty Tax Law that would require the State to bear the costs associated with the review of special anchise assessments by the Office of Real Property Services. Zesoluton No. 8'' _ ; School Funding Reform WHEREAS, towns are concerned about the ever-increasing cost of primary and secondary public education borne by real property taxpayers; and WHEREAS, the increasing fiscal burden of public education on real property taxpayers impacts the ability to provide adequate revenues to fund important town services and programs that ensure the well-being of our communities; NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls upon the Governor, the New York State Legislature, and other State officials to develop a solution that will provide adequate State funding for public education thereby lessening or eliminating dependence on local real property taxes without reducing funding to other local governments and local government programs; and BE IT FURTHER RESOLVED, that the Association of Towns calls upon our State leaders to eliminate costly unfunded mandates, which increase the cost of providing a public education and further strain the real property tax base. Resolution No.. 9 Lfrici'ent Highway Administration WHEREAS, local highways and bridges make up 85% of our State's highway system; and, - WHEREAS, recent local road system studies continue to identify a multi -billion dollar shortfall in funding of local highways and bridges; and WHEREAS, upgrading the State's 90,000 miles of county and town roads to meet the American Association of State Highway Transportation Officials (AASHTO) minimum standards would cost in excess of $9.7 billion dollars; and WHEREAS, there is a need to provide an appropriate legal and technical basis for the decisions of local highway superintendents, town boards and engineering professionals regarding the maintenance, reconstruction and construction of low volume local roads; NOW THEREFORE BE IT RESOLVED, that the Association of Towns calls upon the Governor and Legislature to continue their support of the Consolidated Highway Improvement Program (CHIPS) and to explore every way possible to increase highway aid; and BE IT FURTHER RESOLVED, that the Association of Towns calls upon the Governor and Legislature to enact appropriate enabling authority for Local Road Classification as recommended by the NYS Local Road Classification Task Force which will permit local governments to objectively reduce to more appropriate levels, the costs of iintenance and repair of such low volume roads. Resolution No. ''10 Speed Limits on Town Roads WHEREAS, current provisions of the Vehicle & Traffic Law, § 1662-a authorize only certain towns (i.e., suburban towns and those with over 50,000 in population — approximately 8.6% of towns) to set speed limits on all highways within a town other than State highways maintained by the State, while all cities and villages regardless of classification or population set their own limits; and WHEREAS, the NYS Department of Transportation can take as much as two years to process requests for speed limit reductions and has, in most instances, declined to reduce speed limits on town highways when requested to do so by local officials; and WHEREAS, town governments are better positioned to work with their citizens to set speed limits on town roads and more likely to be responsive to their residents' concerns for health and safety; and WHEREAS, town officials are legally required to set speed limits based upon the same engineering standards and traffic investigation techniques as the State DOT, cities and villages are required to employ; NOW THEREFORE BE IT RESOLVED, that the Association of Towns urges the Legislature and Governor to extend to all towns the option — through adoption of a local law — to assume responsibility and authority to set speed limits on town roads within their respective jurisdictions, within the limits as defined in §1662-a of the Vehicle & Traffic Law, and so long as those roads have been functionally classified by the Department of Transportation as cal reads. Resolution No. 11 ATV Use of Town Roads WHEREAS, the use of all terrain vehicles (ATVs) is increasing at a dramatic rate throughout New York State; and WHEREAS, Vehicle and Traffic Law, §2405 limits the ability of municipalities to designate and post public highway as open for travel by ATVs only when "it is otherwise impossible for ATVs to gain access to areas or trails adjacent to the highway"; NOW THEREFORE BE IT RESOLVED, that the Association of Towns supports an amendment to Vehicle and Traffic Law, §2405 that would allow municipalities, by local option, to designate their respective public highways, and/or portions thereof, as open for travel by ATVs in order to gain access to areas or trails adjacent to such highways, and that deletes the requirement that such use only be allowed when "it is otherwise impossible for ATVs to gain access to areas or trails adjacent to the highway." Resolution No. 12 nsion Relief , WHEREAS, the New York State and Local Government Pension Plan is among the most generous in the nation; and WHEREAS, the employer (i.e. taxpayer) share of pension contributions in New York has risen by more than $3 'pillion in the last five years, straining taxpayers throughout the state; and �*, HEREAS, many municipalities face increasing budgets due to health and pension costs that have been escalating at five times the rate of inflation for several years; and WHEREAS, membership benefits in the State pension or retirement system are guaranteed by the State Constitution, and cannot be diminished or impaired; and WHEREAS, a new retirement tier has not been established since 1983; NOW THEREFORE BE IT RESOLVED, that the New York State Association of Towns calls upon the Governor, the New York State Legislature and the State Comptroller to establish a task force to evaluate the current pension program in order to make recommendations that will stabilize and lower employer (taxpayer) contributions for current members and lessen employer contributions for future members. Resolution No. 13 Resolution Publication of Legal Notices WHEREAS, current law restricts public notices to be published in paid dailies and weeklies; and "`'HEREAS, it has become increasingly difficult to purchase adequate citizen coverage under current restrictions Lgarding what can be designated as an official newspaper; and WHEREAS, the cost of publishing in an official newspaper could become costly; and WHEREAS, studies show the decline in local daily and weekly newspaper readership is accelerating; and WHEREAS, studies also show an increase in circulation from 30 million in 1968 to 88 million in 2000 of free community papers; and WHEREAS, the intent of public notice requirements is to increase the likelihood that citizens are well informed regarding local government actions, finances, and plans; NOW THEREFORE BE IT RESOLVED that the Association of Towns calls upon the Governor and the Legislature to amend the General Construction Law to allow papers, which do not charge for the paper, but with an established and large circulation, to be considered newspapers in certain instances, to permit towns and other local governments to place the legal notices in the local publications which may reach a larger audience and/or be less expensive to publish. Resolution No. 14 Increase in Justice Court Funding IEREAS, town justice courts provide an essential service that is primarily funded by local real property taxes; a WHEREAS, the State established reimbursement fund (General Municipal Law [GML] §99-1), designed to assist local governments with the operational expenses of Justice Courts, has not been amend to reflect an increase in operational expenses for the past 10 years; and �w WHEREAS, the New York State Police recently discontinued the practice of prosecuting and plea-bargaining traffic violations in town justice courts, placing a burden on local governments to provide prosecutors for traffic violations, further increasing operational expenses of the court; NOW THEREFORE BE IT RESOLVED that the Association of Towns requests Legislative action to increase GML, §99-1 reimbursement fees to assist local taxpayers in funding justice court operational expenses d