VOL. 28 • ISSUE NO. 5 SEPT/OCT
WIDE O PEN S PACES
Planning for, preserving and utilizing open
spaces and farmland in your town. See stories
on pages 12 & 15.
Making a difference
all over New York State.
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are greatly appreciated and we
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NYMIR COUNTY
NYMIR CITY
NYMIR TOWN
NYMIR VILLAGE
ROBERT BLAIS, MAYOR OF
LAKE GEORGE
al over NewYork State.
DALE WESTON, CHAIR OF
TIOGA COUNTY LEGISLATURE
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NYMIR SPECIAL
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E X ECUTIVE CO M M I TTEE
President: Dorothy Goosby
Councilwoman, Town of Hempstead
Past President: Robert Giza
Recreation Commissioner, Town of Lancaster
Features
Vice Presidents: Andrea Nilon
Assessor, Town of Hamptonburgh
Robert Taylor
Supervisor, Town of New Lisbon
8
How Walkable is your Town?
Walkable upstate communities experience a range of ancillary benefits, from
environmental to health to socioeconomic. Here’s what to consider to improve
walkability in your town.
12
Planning for and Preserving Open Space and Farmland in the Town of Pleasant Valley
Part of our cover package this issue addresses how the town of Pleasant Valley
developed its extensive and award-winning Open Space and Farmland Plan.
15
Open for Agribusiness
While a strict definition of what exactly constitutes “agribusiness” is elusive, the
production, processing and distribution of agricultural products can bring
invaluable economic development to towns that plan for it.
19
Smart Growth 101
How smart growth planning principles create more sustainable and accessible
communities.
21
Accessible Tourism: Welcoming All People to Play in your Town
This article lays out resources and support available to towns that want to ensure
people of all ages and abilities can visit their attractions.
25
What’s Happening to our Main Streets, and How Can we Fix them?
If the character of your town is suffering from outdated zoning, your town may want
to consider adopting form-based codes.
30
The Story of BROW — Planting Trees beyond the Right-of-Way
This article addresses the legality of a municipality planting street trees beyond the
right-of-way on private property.
33
The Role of Local Government in Disaster Preparedness and Response
Disasters are never planned upon, but here’s how you can ensure that your town is
prepared to handle one without disrupting the continuity of services.
Elizabeth Ann Neville
Town Clerk, Town of Southold
Cheryl Horton
Supervisor, Town of Philadelphia
Anthony Provenzano
Town Justice, Town of Rye
Committee Members
Donald Castellucci
Supervisor, Town of Owego
Cindy Goliber
Town Clerk, Town of Potsdam
Rebecca Haines
Town Clerk, Town of Ellery
Lori Milne
Tax Collector, Town of Skaneateles
William Moehle
Supervisor, Town of Brighton
Dennis Powers
Supervisor, Town of Elma
Jean Raymond
Supervisor, Town of Edinburg
Edmond Theobald
Supervisor, Town of Manlius
ASSOCIATION STA FF
Gerry Geist
Executive Director
Kim Splain
Deputy Director
Lori A. Mithen-DeMasi
Counsel
Sarah Brancatella
Associate Counsel
Departments
3
From the Executive Director
So Long Murray Jaros
11
Legal FAQs
Video Surveillance
32
Funding Tools
Federal EDA Investment Programs for Local Governments
Katie Hodgdon
Associate Counsel
Christopher S. Anderson
Director of Research
Libby Schirmer
Publications Specialist
“Talk of the Towns” is a publication of the Association of
Towns of the State of New York, 150 State Street, Albany,
NY 12207, (518) 465-7933. The opinions expressed by the
individual authors in the publication do not necessarily reflect
the opinions or official positions of the Association of Tows.
Acceptance of advertising in this publication does not imply
an endorsement of products or services by the Association.
Gerry Geist, Managing Editor
Libby Schirmer, Publications Specialist
Follow @NYTOWNS on Twitter for all the latest news.!
Visit our web site at www.nytowns.org.
TALK OF THE TOWNS | 1
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TALK OF THE TOWNS | 2
From the Executive Director: Gerry
Geist
So Long Murray Jaros
• The Association of Towns’ staff and its members say
good luck and farewell to Special Counsel Murray
Jaros in his well-deserved retirement
All of us at the Association of Towns want to
express our best wishes and deepest gratitude
to our esteemed colleague and friend Murray
Jaros on his retirement. Murray’s wealth of
experience and knowledge of local government
was unsurpassed by those in and around
government. He was a sage in the truest
sense, and when Murray gave you his opinion,
you could be assured that his commentary
was based not only on his experience but
his encyclopedic knowledge of the law. His
wealth of experience and legal acumen were
acknowledged by all, but for many of us his
highest achievement was his receipt of the
New York State Bar Association’s “Excellence in
Public Service Award” in 2007.
Murray always could be counted on as a
calming influence, quietly pointing us in the
right direction to resolve the myriad of issues
confronting our Association and our members.
His recall of facts is quite legendary, and he
always seemed to come up with the perfect
recipe to handle the concerns we were facing.
Too often these days, we find ourselves
looking for quick answers on the Internet,
failing to consider the reasons and background
of why certain rules and regulations were
established. Murray always did his research the
old fashioned way: reviewing the bill jackets,
legislative history and opinions of the state
and its agencies. His dedication to the law, the
state and nation, and most importantly, to his
family is a legacy we should all emulate.
Murray always demonstrated his respect for
others who even held opposing views. His
character and fortitude paved the way for our
Association to be held in the highest regard in
the halls of the Capitol or with the governor,
comptroller and the attorney general.
President John F. Kennedy said: “We must find
time to stop and thank the people who make a
difference in our lives.” Murray’s contributions
to the staff and its members will be a legacy
we will build upon. We will be best served
if we follow President Kennedy’s directive
when he said, “We must never forget that the
highest appreciation is not to utter words, but
to live by them.”
On a personal note, when I took over as
executive director, Murray provided me
with invaluable support and guidance, and
he made my transition easier. His quiet
demeanor was belied by the strength of his
character and convictions. When Murray
came into my office and told me this was the
time for him to retire, I told him he may be
retiring from the office, but he will be called
upon from time to time when we need his
guidance. I told him that he will always have a
home at our office, and we will always have a
desk and phone waiting for him. 
TALK OF THE TOWNS | 3
I ﬁrst met Murray when he was working in the
counsel’s ofﬁce of the former Ofﬁce for Local
Government. During my 36-year career in the
counsel’s ofﬁce of the former Division of Equalization
and Assessment/Ofﬁce of Real Property Services, I
worked with and relied upon Murray on numerous
occasions. It is an understatement to describe
him as a true gentleman, and it is no secret to
those connected to the Association of Towns that
Murray has been a tremendous advocate for town
government. Given his
emergence from the horror
of the Holocaust and his
distinguished service on
behalf of the state’s local
governments, few (if any) are more deserving of a
long and healthy retirement than Murray.
- Stephen J. Harrison,
Attorney, New York State Office of
Real Property Services
In my 30-plus years of working with real property tax issues, there’s been
no one who I’ve admired as much as Murray. He has always been the
consummate professional and a true gentleman. I’ve especially enjoyed
sharing the stage with him at more Legislative Updates than I can count,
making presentations and answering questions about tax collection laws,
old and new. Whatever the issue, Murray always approached it with an
uncanny blend of legal acumen and common sense. What makes him
so special is not just his knowledge and proﬁciency, but his warmth and
kindness. I know he’s never worked in law enforcement, but I consider him
to be one of New York’s Finest.
We’ve all been so lucky to have such a dedicated and caring public
servant in our midst. I suppose we’ll probably ﬁnd a way to function
without him (though I’m not yet sure how), but it’ll never be the same.
Good luck Murray, and may the years ahead be ﬁlled with joy for you and
your family, too. You deserve it!
- Joe Gerberg, New York State Department of Taxation and F inance
“Murray was always right!”
- Retired Town Supervisor Kenneth C. Butterfield,
Huntington, Suffolk County
TALK OF THE TOWNS | 4
My earliest memory of Murray goes back to1991, when
I was quite new and the receiver was on vacation. I was
collecting village taxes, and someone from the village
called and asked if I was planning on sending them any
money. Who do you call when in doubt? My friend, Murray!
He became my “go to” every time that I needed to know
the proper procedure or the correct mode of action. He
always guided me and made sure that I understood the
reasons behind any information he had given me. He was
always there for the proper way to write something or to
get things done. He never left you feeling anything but
secure. Murray was always there and ready to assist at a
moment’s notice.
My most impressive memory was the time he told
some of us about the Holocaust and how horrible
and devastating it was. I cried, learned about some
things I had previously known nothing about and
was left speechless. I certainly looked at Murray with
a new understanding of this gentle, kind and softspoken man. The NYS Association of Tax Receivers &
Collectors asked Murray to present that talk to our
entire group. There was not a dry eye in the house,
and our love for him increased 100-fold.
Murray always treated all tax receivers like we were his
children, and for that I am forever grateful. He has taught me more than any
“Green Book.” I will miss his voice and kind words; he is an asset that we will all miss ABOVE: MURRAY RECEIVES
very much! Good luck, good health and enjoy every moment that comes your way! THE NYSATRC PRESIDENT’S
- Sharon M. Edick, Tax Receiver, Town of Cicero
It is a hard task to ﬁnd words to describe a man
like Murray M. Jaros; a giant among human beings.
He is loyal, kind, soft-spoken and always willing to
help in any way that he can. One feels good being
in his company. Webster deﬁnes the word aura as
“the distinctive atmosphere or quality that seems
to surround and be generated by a person, place
or thing.” Murray has an aura that generates peace
and conﬁdence to all who meet him. I am blessed
to have been able to get to know Murray – a
AWARD FROM PRESIDENT TONI
MURPHY EARLIER THIS YEAR.
walking reference for town law – whose invaluable
contribution will continue to generate immeasurable
beneﬁt.
I will miss working with Murray but will smile each
time I think of him.
Murray, you deserve and have earned your rest from
work. May all of the blessings be showered on you
and your family always.
- A friend forever, Dorothy L. Goosby, your President
I joined the AOT legal staff just out of law school and
could not have had a better mentor. Murray’s love of
municipal law and helping town ofﬁcials was infectious.
- Lori Mithen-DeMasi, Counsel,
Association of Towns of the State of New York
TALK OF THE TOWNS | 5
Always with time (or willing to make time) for
a question, concern or advice. I can think of
no higher compliment for a colleague and
mentor; why so many I am certain value him
as a friend ﬁrst and foremost. All the best.
- Kevin Crawford
Association of Towns Counsel, 1986-2011, Executive Director, NY MIR
ABOVE: MURRAY JAROS RECEIVES THE EXCELLENCE IN PUBLIC
SERVICE AWARD FROM THE NEW YORK STATE BAR ASSOCIATION
IN 2007. FROM LEFT TO RIGHT ARE CURRENT NEW YORK STATE
MUNICIPAL INSURANCE RECIPROCAL EXECUTIVE DIRECTOR KEVIN
CRAWFORD, CURRENT ASSOCIATION OF TOWNS EXECUTIVE
DIRECTOR GERRY GEIST, AOT SPECIAL COUNSEL MURRAY
JAROS, FORMER AOT EXECUTIVE DIRECTOR G. JEFFREY HABER,
CURRENT AOT COUNSEL LORI MITHEN-DEMASI AND FORMER
U.S. CONGRESSMAN MICHAEL MCNULTY.
RIGHT:THEN-AOT EXECUTIVE SECRETARY JEFF HABER’S
MESSAGE TO MURRAY IN 1986, WHICH RAN IN THE APRIL 1986
EDITION OF TALK OF THE TOWNS & TOPICS
Murray Jaros has had such a lengthy career, with so
many different phases, it is difﬁcult to get a handle on
him. He is by all accounts a living legend in the realm
of local government law. It behooves the local ofﬁcial
and lawyer alike to study his contributions, especially
in the areas of legal tools for natural beauty, home
rule in New York, restructuring local governments and
ﬁre protection in towns.
Our former deputy counsel at the Department of
State, James A. Coon, spoke reverently of Murray
and encouraged us younger lawyers to seek out his
opinion on local government matters when he became
special counsel at the Association of Towns. He
opined on complex local government topics from the
vantage point of both a lawyer and theoretician. It has
been a pleasure working with him.
Thank you Murray Jaros for all your many valuable
contributions.
- Bill Sharp and your friends at the
NY S Department of State
TALK OF THE TOWNS | 6
Murray has been answering my questions for
more than 45 years and helping me provide
good legal advice to my municipal clients.
His principled approach to the practice of law,
to local government activities, and in fact to
life itself, has been an inspiration to all who
have had the good fortune to interact with
him throughout his long and illustrious career. On a
personal note, Murray has given me his cell phone
number, and I intend to keep right on calling him.
- Jim Loeb,
Dra ke, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd PLLC
I ﬁrst met Murray in March of 2004, my ﬁrst day on the
job as an attorney with the Association of Towns. After
introductions, he gave me a question to research, and
after two days, I went back to him with an answer. He
probed my reasoning in a quiet, direct manner, never
telling me I was wrong or arguing my points, instead
letting me draw my own conclusions through our conversation. After three more days of research, not only
had I arrived at the right answer, but I had learned a
more important lesson.
Over the years, every interaction with Murray had the
potential to not only coach me on the substance of
the law, but how to comport myself, both personally
and professionally. Ever patiently, Murray would consider differing points of view before expressing his own
in a quiet, tempered manner that commanded the attention of those in his presence. This, to me, is Murray’s
greatest legacy.
There were times where I found his calm demeanor to
be infuriating, particularly when I was animated about
an issue. But his professional posture always caused
me to reﬂect upon his words and consider his points,
and his would be the words that I would recall when
others were quickly dismissed. To continue to apply
his lesson in my professional (and personal) life is an
aspiration of mine.
Murray is a masterful mentor, colleague and friend,
and I wish him the best in retirement.
- Michael Kenneally, Jr., Executive Director,
NY S Workers’ Compensation Alliance,
Former Associate Counsel, Association of Towns
Congratulations on your well-deserved retirement,
although I assume you realize that your departure
leaves the rest of us mere mortals without one of
the brightest, most collegial and most congenial
colleagues to ever grace government in New York
State.
You have been unfailingly generous in sharing your
time and your knowledge. You have set the example
of what a government lawyer should be. Hopefully,
those of us who have been fortunate enough to have
beneﬁtted from your assistance through these years
will carry on the great tradition you have established.
You will be missed!
- Rich Sinnot, Counsel,
New York State Conference of Mayors
MURRAY M. JAROS
Career Experience and Biography
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TALK OF THE TOWNS | 7
How
is your Town?
By Tillie Baker, Planner, Hunt Engineers, Architects & Land Surveyors, P.C.
Municipalities in New York are increasingly thinking
more about how to make their communities great
places for getting around on foot and less about
how to accommodate cars. Walkable communities
are much more than “pedestrian friendly.” They
have everyday services, such as grocery stores,
restaurants, banks, coffee shops and schools and
other public amenities close to residences, so
that making trips by foot is more desirable and
convenient than by car. They have environments that
make walking enjoyable and safe. In turn, walkable
communities have higher property values, promote
public health and protect their natural resources and
open space by encouraging compact development
and more efficient use of land. Walkability expert Jeff
Speck summarizes these benefits as “wealth, health
and sustainability.”
Encouraging walkability may seem like a challenge
for towns in upstate New York, which encompass
larger land areas than cities or villages – including
large expanses of agricultural land – and have a wide
variation of densities. However, walkability is still
extremely relevant to towns in terms of improving
quality of life in more densely populated areas while
also protecting agricultural land and open space
from encroaching sprawl. Many towns possess
distinctive communities within their borders, such
as hamlet areas and neighborhoods that have the
potential to greatly improve their walkability by
making longer-term investments in comprehensive
plans and zoning changes, as well as through a few
simple interventions. Many successful changes to
encourage walkability (and walking in general) have
begun at the grassroots level, such as the “Walk
Raleigh” project in North Carolina, a multitude of
neighborhood walking tours and the swift growth of
Jane’s Walks (see below) to name only a few.
The town of Southport in Chemung County adopted
its comprehensive plan in March 2014. On the
strength of the plan’s recommendations, the town
TALK OF THE TOWNS | 8
has secured a Cleaner, Greener Communities
grant to revise its zoning code and encourage
more compact, pedestrian-friendly development.
Located south of the city of Elmira, Southport has
higher densities near the border with the city that
slowly give way to more suburban development
along its main thoroughfare, Pennsylvania Avenue.
Although the town is primarily suburban or rural
in character, its commercial areas are lacking in
definition and suffer from an oversupply of parking.
The comprehensive plan identifies three areas in the
town that would be well-suited for more walkable,
compact development incorporating a range of
uses and services, and the new code will provide a
mechanism for infill to encourage a greater variety of
businesses to locate close to existing services.
Like many upstate communities, Southport’s
population is aging. The community survey
conducted during the planning process indicates
a strong desire on the part of town residents for
seniors to be able to access basic goods and
services close to their homes. Town Supervisor
David Sheen believes that incentivizing more
compact development in Southport’s commercial
areas to encourage people to walk more will give
the community a competitive edge. “Southport
is a strong community with a great quality of
life, but if we want to grow, we need to attract
development activity in our neighborhood centers
by paying more attention to the design of our streets
and local transportation infrastructure,” he said.
“Without these basic improvements, it will be more
challenging to attract development and grow our
local businesses. Our comprehensive plan has given
us the impetus to apply for the funding needed to
implement these changes.” In keeping with the goals
See: Walkability on Page 9
From Page 8: Improve Walkability in your Town through
Planning and Grassroots Efforts
of the comprehensive plan, town officials are also
meeting regularly with local bicycling groups and
Chemung County Department of Public Works to
discuss how to make their primary roadways safer
for bicycling.
The town of Campbell is a historic, rural municipality
in Steuben County with two areas that lend
themselves to walking: East Campbell, a series
of rural neighborhoods nestled in a valley along
Meads Creek Road, and the more compact hamlet
area between Route 17 and the Cohocton River.
The town completed its comprehensive plan in
2013 and subsequently applied for a Transportation
Enhancement Program (TEP) grant from NYSDOT
for sidewalk improvements in the hamlet. In 2015,
Campbell will begin construction on a half-mile of
new or improved sidewalks to make the area more
attractive for walking. Recognizing the links between
walkability and economic development, the town
hopes that these improvements will encourage
more local businesses to open in the hamlet area
in the coming years. Town officials also hope to
extend the sidewalk network to nearby residential
areas in the future. Town Supervisor David Tennent
said, “Campbell’s hamlet area should be a great
place for getting around on foot, but our sidewalks
are aging, and the pedestrian crossings on our
main street are in need of improvement. We need
to give our residents a good network of sidewalks
to make our streets into public spaces, so that they
become great amenities with strong
local businesses, not just right-of-ways.
The whole planning process has been
a huge confidence boost for our town,
and making our hamlet area better for
walking is the first major step we have
taken toward implementation.”
While comprehensive plans are an
effective way to formalize walkability
objectives in municipal policy, there are
plenty of examples of more informal
efforts to improve walkability, both
government- and citizen-led, that
have the added benefit of promoting
community engagement. The village
of New Paltz in Ulster County started
an initiative in April 2014 called “New
Paltz Walks,” in which the village mayor,
deputy mayor, representatives from
the building department and village
trustees lead walks throughout various
neighborhoods. The walks began when
the building department received an increasing
number of complaints about a specific street, and
residents invited the mayor to visit the street in
person. This led to a three-hour walk with residents
and village representatives. Following the success
of this first walk, the village has initiated walks
along other streets approximately every two weeks
to discuss concerns with residents. The village has
found that, even though the walks have primarily
been a useful way to learn about and deal with code
violations, they have also revealed problems with
the built environment, such as dark intersections
and lack of sidewalks that undermine the pedestrian
experience in an otherwise very walkable community
(the village is only 1.8 square miles in size). What
has been the most helpful outcome of conducting
meetings on foot? As the Director of Planning,
Zoning and Code Enforcement Brenda White said,
“It’s much easier to understand each other when
we’re standing in front of a problem.”
Jane’s Walks started in Toronto in 2007 to honor
the legacy of visionary urbanist Jane Jacobs, who
famously fought against Robert Moses’ auto-centric
development plans in New York City. Jacobs valued
the informal street life and vibrancy that happens
See: Walkability on Page 10
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TALK OF THE TOWNS | 9
From Page 9: Improve Walkability in your Town through
Planning and Grassroots Efforts
at street level. Jane’s Walks are scheduled each year
in early May and anyone can lead a walk simply by
signing up on a Web site. The program has grown
to include nearly 70 cities worldwide, sharing local
knowledge about the history of neighborhoods and
downtowns. Ithaca hosted four walks in May 2014,
drawing approximately 50 participants. The walks
followed different themes, such as the history of
downtown renewal and character-defining elements
in the city’s Fall Creek neighborhood. Although the
walks are intended to promote knowledge sharing
and bring a fresh perspective to residents’ everyday
environments, the walks can also create awareness
about wider concerns facing the community. As
Tour Leader David West said, “One of my goals was
pointing out the need for zoning reform since the
metrics of Ithaca’s code conflict with all of the good
things about our dense, walkable neighborhoods.”
Owing to the success of this year’s walks, West
plans to incorporate a bike ride next year that will
allow participants to experience a greater variety
of street types, including some of the auto-oriented
places, like the southwest big box corridor. Ithaca
joins New York City and Buffalo as the only New York
municipalities with Jane’s Walks in 2014.
Towns wanting to improve their walkability might
want to begin with a visit to the popular Web site
Walk Score®, which ranks whole municipalities, or
specific properties within them, on their connectivity
to local amenities within 0.25 miles (or a five-minute
walk), taking into account factors such as population
density and street metrics that impact on walkability.
Scores from 90-100 are considered a “walker’s
paradise,” whereas addresses with a score of 0-24
are “car dependent.” Walk Score® is a convenient
way for municipalities to establish a baseline from
which to measure progress. As the above examples
show, walkability is about improving quality of life in
ways that go beyond simply getting around by foot,
by helping to invigorate local business and improve
public spaces. Rather than seeing government and
grassroots efforts as opposed to one another, New
Paltz demonstrates that officials can learn a lot from
listening to citizens’ needs, and walking is a great
means to this end. Most of all, as the swift growth in
Jane’s Walks demonstrates, walking itself can be a
great way to encourage residents to think differently
about their neighborhoods and create opportunities
for meaningful engagement. 
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ALBANY
BUFFALO
GARDEN CITY
TALK OF THE TOWNS | 10
ITHACA
NEW YORK CITY
OSWEGO
ROCHESTER
SYRACUSE
UTICA
Q:
A:
Does a town official have proper authority
to install video surveillance equipment on
town property?
No, a town official, on his or her own,
has no authority to install a recording
device to monitor the goings on of town
property. In other words, an individual town
officer may not unilaterally manage and
make changes to town property. On the
other hand, Town Law § 64 (3) gives town
board control over town property. Therefore,
a majority of the town board may determine to
install video surveillance. There are, however, some
considerations to review before doing so.
First, the town should keep in mind constitutional
issues. The Fourth Amendment of the U.S.
Constitution protects against unreasonable
searches and seizures by the government, and the
U.S. Supreme Court has said that public sector
employees may enjoy a reasonable expectation of
privacy at work against searches and seizures of
their personal effects by supervisors (see O’Connor
v. Ortega 480 U.S. 709, 712-14 [1987]). However,
this expectation of privacy is not unlimited, and
video surveillance does not, in and of itself, violate
the Fourth Amendment. For example, there is
no reasonable expectation of privacy in an open
workspace like a conference room or a hallway.
In order to avoid constitutional claims related to
video surveillance, the town may want to limit its
surveillance to areas like hallways, entrances and
other areas considered open and accessible to
most.
New York also has some state-specific laws that
address surveillance. General Business Law §
395(b) prohibits cameras “or any other instrument
or method that can be utilized to surreptitiously
observe a person” from being used in areas such as
restrooms, showers or fitting rooms. Additionally,
Labor Law § 203(c) states that an employer may
not video record an employee in a restroom, locker
room or room designated by an
employer for employees to change
their clothes, unless authorized by
court order. Furthermore, the ability
to install video recording equipment
does not authorize the town to record
conversations. Under Penal Law §
Legal FAQs:
250.00 and 250.05, it is a Class E felony to record
someone when neither party to a conversation
consents to such recording.
Moreover, installation of video surveillance
equipment may violate a collective bargaining
agreement. In 2011, the Public Employees Relations
Board held that surveillance cameras in the work
area of the town’s highway garage violated the
Taylor Law and found that the installation and use
of video cameras to monitor employee performance
needed to be negotiated as part of the collective
bargaining agreement. Again, in 2012, PERB issued
an opinion that stated that “in general, the decision
by an employer to engage in videotape surveillance
of a workplace for monitoring and investigating
employees is mandatorily negotiable under the
Act because it ‘bears a direct and significant
relationship to working conditions’ it requires
employees to be video-surveillance participants,
and it intrudes upon employee interests including
job security, privacy and personal reputation,” (see
45 PERB ¶ 3007).
Finally, surveillance tapes create another record
subject to FOIL, which is something that the town
may want to keep in mind. The Committee on
Open Government has said that if the location of
surveillance equipment is in plain sight in public
places and known to the public, there should be no
grounds for withholding the surveillance record. On
the other hand, if people are unaware that they are
being recorded, there may be one or more grounds
to withhold the tape or portions of it; for example,
if disclosure of the video would constitute an
unwarranted invasion of personal privacy. 
TALK OF THE TOWNS | 11
From the Cover
Planning for and Preserving Open Space and
Farmland in the Town of Pleasant Valley
By Nina S. Peek, AICP, Senior Technical Director, AKRF, Inc. and New York Planning Federation Board Member
Many communities around the country want to preserve their natural open spaces and farmland, but fiscal and
economic conditions present a number of real challenges. First, there exists an extraordinary pressure brought
by both landowners and developers seeking to transform open space and farmland into an investment vehicle,
as opposed to a productive and essential economic value-adding contributor to the rural landscape. Frequently,
town- and village-owned recreational areas and open spaces require tax-payers to fully fund the maintenance
costs, and difficult economic conditions make for hard choices by municipal elected officials. These challenges
are equally present for private landowners who want to preserve their land but find that it is too expensive to
maintain. The situation is even more complex for existing or aspiring farmers looking to expand their land or to
make an initial acquisition due to high land costs and, simultaneously, price increases on farm equipment and
other input costs (e.g., fertilizer). Large-tract livestock and commodity farms are expensive to maintain, and it’s
increasingly difficult to make a profit, especially with decreasing prices for agricultural commodities. Although
lands in active agricultural operations are eligible for agricultural tax exemptions, local property taxes remain,
for most, extremely high.
Despite these challenges, farmland and open space are critical contributors to the economic and environmental
lifeblood of New York’s municipalities. In addition to the significant environmental services and social
benefits they provide, natural and recreational resources can and do attract millions of visitors annually to
municipalities, providing a significant contribution to the local economy through tourism spending. Taxes
from agriculture and farmland are a net winner for towns, in addition to leveraged funding from non-profits
and governmental resources. A thoughtful approach to protecting open space and recreation areas and
preserving farmland has the potential to maximize efficient use of these natural resources. The town of
Pleasant Valley in Dutchess County, New York is an example of a town that faced these issues and took a
proactive, innovative approach to preserving and protecting its natural resources through the development of
The Pleasant Valley Open Space and Farmland Plan.
The Pleasant Valley Open Space and Farmland Plan (the plan) provides a vision for the town that encourages residents to
act as partners in conservation and remain active and engaged in determining the future of their community.
Specifically, the plan clearly sets goals, action items to accomplish these goals and detailed guidance for each.
The plan provides a comprehensive inventory of Pleasant Valley’s natural and cultural resources, including
creeks, streams, lakes, steep slopes, aquifers, special habitats (Kettle Shrub Pool, vernal pools, wet meadows,
fens and swamps), forests, recreation areas (parks and trails), scenic viewsheds and roads, as well as smalland large-scale agricultural operations. Building upon recommendations in existing town planning and policy
documents and recommendations from key town stakeholders, the plan identifies six “significant resource
areas” for priority conservation efforts. These focus areas are a synthesis of overlapping important natural
resources and existing land conservation patterns, further strengthening and supporting a land conservation
pattern that is already occurring.
See: Open Space on Page 13
TALK OF THE TOWNS | 12
From Page 12: One Town’s Natural Beauty Steers its Open Space Plan
The plan strikes an optimal balance between being
specific in its objectives and recommendations, yet
creative and varied enough in its action items and
paths to execution. This balance provides flexibility
for the town in terms of how much of an active
role it plays – largely implemented on a completely
voluntary basis – while offering several means by
which the town could participate and amplify benefits.
The Pleasant Valley Open Space Committee began
work on this project in 2006. Several volunteers,
all from varying backgrounds, came together with
a single goal ahead of them: to help steer the
development of their town by creating a plan to
follow. The committee’s first plan of action was to
develop a definition of open space that would act as
the guiding principle and encompass the uniqueness
of Pleasant Valley’s natural beauty and resources:
Open Space is land with minimal or no development,
the protection of which would conserve important
natural resources, farmland, cultural resources,
wildlife habitat, passive and active recreational
uses,
resulting in the creation
of 3:38:13
conservation
Buried_Tank_Ad_7.5X4.75.pdf
1 8/6/2014
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development patterns that provide fiscal and
economic benefits to our community.
The committee’s next step involved collecting
geographic and natural resource information and
soliciting the input of farmers, residents, business
owners and other key local, county and state
stakeholders to identify critical issues. The committee
received enthusiastic participation from a handful of
residents and began formatting a plan. After six years
of hard work, the Open Space Committee, on behalf
of the town, realized that although they accumulated
an extensive amount of research and had a general
outline for the plan, they needed a professional
consultant to put the plan together in a cohesive
manner. In other words, they need help to bring
the vision to completion. Recognizing the budget
of a small town and current economic conditions,
the committee pursued and was awarded a grant
from the New York State Environmental Protection
Fund through the Hudson River Estuary Program
See: Goals on Page 14
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TALK OF THE TOWNS | 13
From Page 13: Town’s Main Goals in Preserving Open Space Include
Protecting the Natural Environment and Supporting Farming Activities
of NYSDEC to assist in the formal
development of the plan.
In 2012, the town of Pleasant Valley
retained a partnership of two
consultants with complementary
strength – AKRF Inc. and Taconic Site
Design & Landscape Architecture – to
assist the committee in organizing
the plan and shepherding the project
through to completion. This AKRF/
Taconic team proved to be an awardwinning one as the New York Planning
Federation honored the Pleasant Valley
Open Space and Farmland Plan with
the 2014 Henry Heissenbuttel Award
for excellence in land use planning. The
Heissenbuttel Award is given by NYPF
for outstanding accomplishment in the
planning field and consistent support of
its mission to promote sound planning
practice. In addition, the Dutchess
County Legislature bestowed an official
commendation to the town of Pleasant
Valley for the adoption of the plan.
Pleasant Valley
At a Glance
•
•
•
•
•
•
Location: Dutchess County
2010 U.S. Census Population: 9,672
32.6 sq. miles
Annual Budget: $4.9 million
Estimated median household income in 2012: $55,206
Miscellaneous Facts and History: Pleasant Valley was
formed from the town of Clinton, Jan. 26, 1821. It is an
hour-and-a-half drive north of New York City. The town
is home to several hamlets. Its surface is a rolling and
hilly upland.
Based on community input gathered
at stakeholder meetings, community
engagement meetings and the review of various
previously completed and adopted town planning
and policy documents, the Open Space Committee’s
main goals were first: to protect the natural
environment and to support farming activities, and
second: to preserve the viability of agricultural lands.
Reflected in the plan, the first goals are followed
by a series of action items, including mapping
significant areas of biodiversity, consideration of
funding for conservation and preservation through
a wide variety of programs and minimizing the loss
of contiguous open space resources and working
farms. To support the plan’s second goal, action
items include forming an agriculture and farmland
committee, encouraging farmers to apply for
various relevant financial assistance programs and
pursuing marketing initiatives to support smalland large-scale operations. Each action item in the
plan is followed by a section on implementation.
For example, an action item under the first goal
is to curtail the loss of valuable connecting biotic
and natural resource corridors and working
TALK OF THE TOWNS | 14
farms. To ensure successful implementation, the
plan suggests that the town board work with the
agriculture and farmland committee and the planning
board to better understand current challenges and
typical development projects and then formulate
recommendations for policy changes. The plan notes
that any amendment to the town’s zoning code would
be subject to the State Environmental Quality Review
(SEQR) act and its corresponding public hearing
processes. Finally, the plan provides a wide range
of local, state and federal grant programs as well as
detailed descriptions of various types of tax incentives
and conservation easement options that are available
to individuals and municipalities to advance open
space and farmland protection goals. Providing
information about available financial assistance is
critical to advancing the recommendations included in
the plan.
See: Road Map on Page 15
From Page 14: Pleasant Valley’s Award-Winning Plan is a Road
Map to Guide Decision Making in the Future
Essentially, the Open Space and Farmland Plan
provides a roadmap for the town of Pleasant Valley
with clear next steps and follow-up assignments to
execute the plan. The hope is for the town to initiate
short-term action on recommendations that are easy
to implement at a low cost, and further down the
road, allocating manpower and, if necessary, financial
resources to initiate longer term recommendations.
Although municipalities are not required to create
plans such as Pleasant Valley’s, they are a useful way
to account for and guide future growth and how it
will affect natural resources, open space, recreation
areas and farmland. Other municipalities can develop
their own strategies through a process that is holistic,
inclusive, forward-looking, comprehensive and
pragmatic. To be successful, careful attention must be
paid to the formation of – and broad-based outreach
to – an advisory committee (town officials, committee
and board members, community leaders, etc.),
consultants and various stakeholder groups, as well
as the community-at-large.
Once the team has been assembled, statements of
principle and mission, which are essential in helping
to understand the purpose of the planning process,
will inform the plan’s goals, specific action items
and execution recommendations. Goals should be
formulated against the backdrop of a plan that can
be implemented on a voluntary basis while also
providing opportunity to take more direct action.
Ideally, the plan allows the town to have a prominent
seat at the table, gives the town credibility in
engaging prospective developers and increases its
chances of winning grants and other funding sources.
Finally, and perhaps most importantly, it’s essential to
be creative, thoughtful and engaging throughout the
entire process. Engage and talk to your residents early
and often. Harness the power of innovation to benefit
the plan’s objectives and maintain engagement by
ensuring mobilization of certain groups to play roles
in the execution of the plan – the more inclusionary
the active role, the more engaged and successful the
execution. 
OPEN FOR AGRIBUSINESS
By Nicole T. Allen, AICP, Planning Services Manager, Laberge Group
While farms often conjure up images of bucolic beauty, they are also businesses that support the local
economy and provide jobs. In fact, the agricultural industry is a significant economic engine in New York
State that is producing new entrepreneurs and innovative startup agribusinesses throughout the state. Many
of these new agribusinesses are wineries, breweries, distilleries and countless other spin-off agricultural
businesses. It is a critical time for local economies and agricultural communities to embrace these agribusiness
opportunities by focusing on creating a supportive business environment for farmers. Communities need to
assess their agricultural infrastructure and determine how best to accommodate this growing new agricultural
industry to encourage agribusiness as part of their local economic development plans. Emphasizing farming
and agriculture without the agribusiness land uses often reduces the likelihood of a community’s success in
sustaining its existing agriculture infrastructure in today’s economy.
WHAT IS AGRIBUSINESS?
The term “agribusiness” has taken on a very broad definition and is perhaps not easily agreed upon. Generally,
the term includes the businesses collectively associated with the production, processing and distribution of
agricultural products. Similar definitions have been offered by others to include all business and management
activities performed by firms that provide inputs to the farm sector, produce farm products and/or process,
transport, finance, handle or market farm products.
See: Agribusiness on Page 16
TALK OF THE TOWNS | 15
From Page 15: Agribusiness Can Prove to be Wildly Profitable for
Towns that Cultivate it
The term agribusiness has also been expanded to
include agricultural tourism, which is being embraced
by farm operators as a way to increase diversity and
profitability while also helping to preserve agricultural
land and open space. It may also serve the purpose
of educating the public about the importance of
agriculture and its contribution to the local economy,
quality of life and nutrition, and may reduce the
friction, which sometimes exists between farmers and
their off-farm neighbors.
According to the New York Department of Agricultural
and Markets, agricultural tourism means “activities
including the production of maple sap and pure maple
products made there from, conducted by a farmer
on-farm for the enjoyment and/or education of the
public, which primarily promote the sale, marketing,
production, harvesting or use of the products of the
farm and enhance the public’s understanding and
awareness of farming and farm life.”
Together, these uses open the door for potentially
significant economic development opportunities
and should be given consideration as part of a
community’s future vision.
•
Will the use be of a nature, intensity, scope,
size, appearance, type and quantity conforming to the
existing personal or agricultural structures?
•
Will new commercial buildings will be located
in a way that minimizes impact on future operations
and expansion of agricultural uses and does not
interfere with current agricultural operations or
displace farm or forestry storage, use or functions?
•
Will the use be related to agriculture, forestry
or open spaces?
•
Will the business will be conducted primarily
by people who reside on the farm or members of the
farm family or farm employees?
•
Will the use be subordinate to a farm
operation? Subordination is based on the
proportion of land and structures employed by the
rural enterprise to those employed directly in the
agricultural or forestry enterprise as well as the
amount of time and resources the farmer diverts
from the agricultural or forestry operation to the rural
enterprise.
CREATING A SUPPORTIVE AGRIBUSINESS ENVIRONMENT: MUNICIPAL
SUPPORTING BUSINESS OPPORTUNITIES COMPATIBLE WITH
TOOLS
AGRICULTURE
If your community has determined that agribusiness
and agritourism uses should be encouraged the first
step is to audit your town’s current regulatory tools
to ensure these uses can be legally developed. The
following are a few municipal tools available to assist
in advancing your community’s agricultural economic
development needs.
The big question with agribusiness in a community is
where does it fit? Land may be zoned for agriculture
but was never fully envisioned for a more intense
commercial operation that can accompany an
agribusiness. Agricultural tourism uses often have
special events and large amounts of people that visit a
site changing the character of a traditional farm.
Many communities often wonder when an
agribusiness is protected under a right-to-farm law
versus an agribusiness that should be treated as a
commercial or industrial operation. Some questions
that a town might ask when trying to determine the
appropriate standards to apply to an agribusiness or
agritourism facility include:
•
Are the sales and other activities proposed at
the site related to a broader agricultural operation?
•
Is at least 25 percent of the products sold at the
facility produced by the owner/operator?
•
Is the facility open year-round?
•
Does the facility offer extended hours of
operation?
TALK OF THE TOWNS | 16
New York State Agricultural Districts
New York’s agricultural districts were developed
by the state to help provide a supportive business
environment for farming. Farmers operating in
locally created agricultural districts receive important
state protections from private nuisance lawsuits,
new public projects that may impact farms and
unreasonably restrictive local ordinances. When
reviewing whether regulations are unreasonably
restrictive, the following will be considered:
•
If the requirements adversely affect the farm
operator’s ability to manage the farm operation
effectively and efficiently;
See: Agribusiness on Page 17
From Page 16: Plan to Support Agribusiness as a Means of
Economic Development in your Town
•
Whether the requirement could impact
production options and affect farm viability;
of a practice;
capture the full range of benefits that agribusiness
and agritourism bring to a community or the unique
nature of these land uses. By failing to capture these
important benefits, a community may face legal
challenges if an agribusiness is opposed.
•
Zoning
•
If the requirement will cause a lengthy delay in
the construction of new farm building or implementation
Compliance costs for a farm operation;
•
The availability of less onerous means to
achieve the locality’s objective; and
•
If the local law addresses a threat to public
health or safety.
The key issue in this determination process: what
is reasonable? Towns clearly have the authority to
institute reasonable requirements on farm operations
in agricultural districts if
they are acting to protect
public health or safety.
Right-to-Farm Laws
County and town rightto-farm laws are also
aimed at maintaining
a supportive operating
environment for
agriculture by limiting
conflicts between farmers
and non-farm neighbors.
These local laws can
supplement the New York
State Agricultural Districts
Law. Typically, local rightto-farm laws document
the importance of farming to a town and notify
non-farm rural residents that generally accepted
agricultural practices are to be expected in farming
areas. In doing so, these laws can provide a sense of
security that farming is a valued and accepted activity
within the town.
Comprehensive Plan
A community’s comprehensive plan provides the
foundation for local planning and typically represents
a community’s vision for its future. Agriculture is
often treated favorably in comprehensive plans,
which will typically describe the role of farms in
defining a community’s landscape. In updating
your community’s comprehensive plan, it will be
important to connect the value of farm buildings and
pastoral landscapes to a town’s economy, jobs and
businesses. Unfortunately, few comprehensive plans
Zoning regulations specify the details as to where and
how agribusiness and agritourism uses can locate
and operate in a community. Many communities
have zoning regulations that define “agricultural” or
“rural” zones where agricultural uses are permitted,
along with many other residential, commercial and/or
industrial uses. However, many of these regulations
are descriptive of current (or past) conditions and
are not necessarily
prescriptive of desired
future circumstances.
Unless these regulations
are reviewed and
carefully updated to
allow agribusiness and
agritourism operations,
there is a potential
for conflicts between
these agricultural uses
and nearby non-farm
neighbors.
In order to be successful,
agribusiness uses need
a supportive operating
environment just as
other businesses do.
Towns should understand the needs that farms share
with other businesses as well as the needs that are
unique to existing agricultural businesses and those
that are likely to evolve over time. Both farm support
businesses, such as veterinary, repair shops or
farm machinery dealers, should be considered. The
following are strategies that towns can adopt to help
create a supportive business environment for farming:
•
Define Agribusiness and Agritourism: New
York has a tremendously diverse agricultural industry.
The state is a national leader in the production of milk,
apples, grapes, vegetables, horticultural products and
other farm commodities. In addition, agribusinesses
See: Towns on Page 18
TALK OF THE TOWNS | 17
From Page 17: Towns can Reap Economic Benefits from New York
State’s Agriculture Diversity
are frequently changing to keep up as farmers adapt
to new markets, new operating conditions and new
production practices. One example of this change is
the increasing use of greenhouses or other temporary
structures for the production of vegetables, fruits,
horticultural products or livestock housing. While
these structures may not conform to some traditional
views of a farm, they are valuable to producers as
they are a cost-effective means for increasing control
of growing conditions, which is of great importance
in New York, given this state’s varied and often
challenging weather conditions. By allowing a broad
approach to agribusiness, a community can give
existing farmers or new farmers the flexibility to
adapt to new conditions.
sewer, electric, roads and rail) to expand in sensitive
agricultural areas to prevent future development
of agricultural resources for residential and
commercial development (sprawl). But there may
be appropriate areas to provide such infrastructure
to encourage food processing, renewable energy
or agribusiness development that will help support
and retain farms by providing markets for local
farm products. Municipalities should examine
their current infrastructure to determine where it
could be appropriately located to properly support
agribusinesses.
ARE YOU GROWING AGRIBUSINESS?
•
Define the Purpose of Zoning Districts: The
“purpose” of a specific zoning district describes
the rationale behind the district’s designation.
This rationale is what will be used to determine a
town’s intent for protecting the health and safety
of the properties and residents in that district. A
zoning district intended to support agribusiness
and agritourism should clearly state this emphasis
within its purposes to provide flexibility for these
uses. At the same time, the purpose can describe the
magnitude (size and scale) of such agribusinesses
and agritourism uses to help a community, and if
necessary the courts, understand the desired look and
feel of a district and its allowed uses.
•
Identify Permitted Uses:
Agribusinesses and agritourism uses,
while potentially broadly defined,
should be allowed in a district as either
a permitted or a specially permitted use.
Because of the nature of these unique
uses, towns may find it best to evaluate
each use through the special use permit
process. This allows the town to have
more control, take a hard look at the
individual circumstances associated with
a proposed use, and carefully evaluate its
needs in relationship to the character of
the surrounding properties and district.
•
Agricultural Infrastructure:
Like other industries, farms and
agribusinesses require access to
well-functioning and affordable
infrastructure. Typically, communities
discourage infrastructure (water,
TALK OF THE TOWNS | 18
Agriculture is a vital industry in New York State, and
it has been embraced through legislation as essential
to the economic, social and environmental well-being
of all New Yorkers. Through New York’s Agricultural
and Markets Law, there are policies and programs
to promote a strong agricultural economy through
the diversification of farm businesses and products
in order to generate farm income and keep farms
economically viable. Agribusinesses support our
farms and help keep our farms viable. It is time for
communities to audit their municipal tools, examine
their community vision and help facilitate a stronger,
more successful agricultural industry for our future
generations. 
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Smart Growth 101
How smart growth planning principles create
more sustainable, accessible communities
By Bob Scheiner, AIA, PP, H2M architects + engineers
In recent years, “smart growth” has become an
increasingly popular phrase. As a concept, it has
garnered support from the likes of designers,
developers and public officials. However, it has also
become a term that is frequently tossed around
without a full understanding of what it means.
Smart growth is a planning principle that focuses
heavily on creating communities that are accessible
for residents to both work and live. It gives
communities more choices — from transportation
to housing to the workplace — and encourages
the investment and development of existing
communities to meet the needs of all households.
Too often, an area becomes increasingly expensive
to live, pricing out parts of its population.
Conceptually, smart growth has the ability to at
least slow down the numbers of people leaving for
more affordable communities by creating a range of
housing options, including affordable housing.
The focus on creating affordable homes ensures they
are compact and green in design. The construction
of smaller, greener homes leads to more densely
populated communities, giving them the capacity
to be more self-sufficient. It also cuts the cost
to homeowners by reducing energy and water
consumption.
encourage residents who would typically drive to
their destinations to travel in healthier ways.
Other environmental advantages to smart growth
include the protection of water quality. The proximity
of homes to schools, stores and jobs creates less
of a need for paved roads, which preserve natural
spaces for public parks and athletic fields. With
this accomplished, stormwater runoff becomes
secondary. The natural spaces used for parks and
recreation act as a filter for stormwater, where the
stormwater runoff from paved surfaces collects
See: Boost on Page 20
Building communities for over 80 years
Despite the communities becoming more densely
populated, smart growth accounts for ways to
reduce traffic. In addition to creating environments
where people can afford to live closer to their
jobs, smart growth develops alternative means of
transportation, including sidewalks, bicycle paths
and more intuitive public transportation systems. It
increases accessibility, providing new opportunities
to those who previously lacked a way to reach their
destinations.
In addition to its economic advantages, smart
growth also improves the health of communities. By
using public transit to cut down traffic, congestion
and air pollution are reduced. The addition of
physical activity to the daily lives of residents is
an added benefit. Wider sidewalks and bike paths
practical approach. creative results.
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TALK OF THE TOWNS | 19
From Page 19: Smart Growth Can Provide Boost to Struggling
Economies
pollutants that are hazardous to surrounding bodies
of water.
a boost to a community that was struggling to get
back on its feet.
On Long Island, examples of smart growth are
beginning to pop up with more frequency as these
areas become heavily invested in the concept. The
village of Patchogue is one of the island’s more
predominant smart growth success stories.
Around Long Island, other communities are
beginning to show signs of smart growth as the
concept gains more steam. Farmingdale is nearing
completion on a $38 million mixed-use apartment
building near their railroad station. The development,
which will contain 39 apartments and 6,200 square
feet of retail space, plans to open its doors in 2015.
Patchogue, which was at one time a destination
for many, found itself in the midst of an economic
downturn. Many of the downtown storefronts that
were there for generations were being boarded-up.
Residents were flocking to the surrounding areas that
seemed to have a more promising future. However,
over the last decade, Patchogue’s downtown has
been reborn.
With the support of political officials and the
surrounding community, the boarded-up storefronts
have become a central hub for entertainment,
dining and the arts. There has been development
of affordable housing, mixed-use development and
townhouse complexes. Updates have been made to
the village’s infrastructure, such as those made to its
wastewater treatment plants to support the growth.
In just a matter of years, smart growth has provided
The village of Hempstead has put in place a $2.5
billion downtown redevelopment plan that will
develop everything within a half-mile of the train
station. In the works are new residences, shops, a
hotel, new entertainment venues and parking. The
plan will create more than 13,500 jobs, 10,000 of
which will be in construction, with the remainder
going to local residents.
Following years of traditional suburban sprawl in our
communities, smart growth requires a significant
ideological shift, and turning the concept into a
reality will not be simple. However, if the right
balance is achieved, smart growth can help support
local economies, improve quality of life and protect
our environment. 
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TECTONIC
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TALK OF THE TOWNS | 20
VOL. 28 NO. 5 • SEPT/OCT
IN THIS ISSUE
Town Topics
Town Boards
Town Boards ................................ 1
•
The Rise of Cemetery
Abandonment in the Age of the
Tax Cap
•
A Town’s Role in a Volunteer
Firefighter Service Award
Program
Justice Courts ................................ 7
•
Right to Counsel Violated in DWI
Case
Public Works/Highways ...................10
•
Assessing Highway
Improvements against Adjoining
Properties
Training Opportunities and School
Registration Forms ..........................15
•
2014 Annual Meeting & Training
School
•
2014 Personnel Management
School
The Rise of Cemetery Abandonment in the Age of the Tax Cap
By David Fleming, Jr.
In an era of tax caps and shrinking revenue, the last thing a town
wants to do is become a cemetery operator. However, as many
municipalities are now learning the hard way, that is exactly what
state law and circumstances may require them to do.
Based on New York State’s own statistics, nearly 5 percent of all
regulated cemeteries have recently become abandoned. 1 With
the continuing stagnation of the economy and difficult outlooks
for many municipalities in upstate and western New York, these
numbers look poised to rise significantly. Some experts have even
suggested that public cemetery abandonments may skyrocket.
This situation is further compounded by the fact that the state has
been slow to implement changes to prevent the demise of these
historic community assets.
The reality and challenge many are now discovering is an obscure
portion of law, New York State Town Law §291, which provides
that when a public cemetery becomes abandoned, it becomes the
ward of the municipality in which it is located. This means your
town board may be about to inherit an acre or 400 acres of open
space that require new regulations, fencing and maintenance.
It is important to note that private and family cemeteries are
excluded from this requirement. However, if you have a public
cemetery in your community with a board that has aged out
or that is out of operating capital, you may be looking at an
unexpected and most likely, an unwelcomed inheritance.
All is not as bleak as your circumstances may suggest. There are a
couple of options to help in dealing with this new responsibility or
perhaps in preventing this transfer for many years to come.
Preventing the Takeover or Delaying it for Years to Come
“TownTopics” is an informational and training
bulletin published bimonthly by the Association of
Towns of the State of NewYork.
All correspondence concerning matters commented
upon herein, all notices of changes of addresses of
officers and all inquiries regarding the inclusion of
articles, notices or advertisements should be directed
to: Association ofTowns, 150 State Street, Albany, NY
12207. Phone: 518-465-7933. Fax: 518-465-0724.
Town boards will be happy to know that there are fairly unknown
and new tools available to municipalities to help existing
cemetery boards pursue a course of sustainability and to continue
operation without turning their cemetery over to the local
government.
The Association of Towns, working with the New York State
1
NYS Division of Cemeteries data for 2003-2013.
TOWN TOPICS | 1
Association of Cemeteries, helped secure passage of what is known as the Municipal
Assistance Statute. This statute, found in New York State General Municipal Law
§165-a, was signed into law by Gov. Andrew Cuomo in 2010. 2 This simply worded
law may delay or eliminate the need for town takeover. The statute states in total:
Voluntary municipal assistance to public cemetery
corporations. Any municipal corporation may appropriate and
provide funding to a public cemetery corporation as defined in
article fifteen of the not-for-profit corporation law. In lieu of or in
addition to providing funding to a public cemetery corporation,
any municipal corporation may provide goods and/or services
to a public cemetery corporation as defined in article fifteen of
the not-for-profit corporation law.
This law eliminates former concerns about utilizing taxpayer’s resources to help
cemeteries when there was no specific statutory authorization to do so. Since its
passage, it is clear that this law is a successful yet underutilized tool by municipalities
of all sizes.
Why is this law important to you? As a budget officer, wouldn’t you rather make a
small contribution of services you are already providing rather than taking over 50
acres or more of mowing, maintenance and cemetery operations? For many of us, 2
acres of burial ground is more burden than we wish to handle.
I have received numerous reports from cemeteries and from the New York State
Division of Cemeteries, about cemeteries struggling to provide needed maintenance,
capital project assistance and storm recovery. In many illustrations, the completion of
any one of these tasks may mean the difference between the very survival of the notfor-profit cemetery or its potential abandonment.
One of the most frequently reported examples of municipal assistance involves tree
and debris removal. Even in a small town, the local highway department will be out
with a wood chipper and chainsaws dealing with downed trees following a violent
storm. It may add very little to a local highway department’s work day to remove a
tree obstruction from a cemetery entryway or grounds while they are completing
their regularly assigned tasks. This tree removal may be a small matter for you,
but it may mean many thousands of dollars in savings for a struggling cemetery.
Another common area of assistance is the need to open roads after an early, late
or abnormally heavy snowfall. Highway crews may be able to pass through a
cemetery while doing their rounds allowing for a pending burial to be completed.
Such efforts support the operations of the cemetery and continue the revenue
stream for cemetery preservation by aiding winter operations, as well as perceived
marketability of the cemetery.
A recent example of effective use of this statute was a town being approached
by a small and struggling cemetery stating its inability to continue mowing the
grounds. It was unable to find anyone to mow the 1.5-acre grounds, and yet it still
had approximately $7,000 in its general fund. Infrequent burials would allow it to
continue operating, but this one operational need had become an annual chore that
was nearly impossible to address for an aging and volunteer cemetery board. The
town did not want to acquire this cemetery through abandonment, so it arranged
to have the cemetery mowed utilizing §165-a of the General Municipal Law and the
annual mowing bid. The cemetery remained in good condition and accessible for
future lot sales at a reasonable cost, and the town had to merely add a line to their
annual mowing bid.
2
Chapter 69 of the Laws of 2010 effective May 5, 2010.
TOWN TOPICS | 2
An additional area of municipal assistance that has been receiving a great deal of
attention is the utilization of a town’s accounting personnel to manage the financial
records for a public cemetery. Your town already has state comptroller-instituted
internal control policies to safeguard assets. Many smaller public cemeteries do not.
This is also one of the areas of cemetery operations that weighs heavily on many
volunteers and leads to abandonments by trustees. This type of service assistance
may be made as a minor contribution from the town as part of your regular monthly
work related to generating monthly operating statement reports. This professional
effort, combined with the cemetery board’s oversight, is an effective tool to continue
cemetery operations, prevent the abandonment of the cemetery and to potentially
prevent the public relations nightmare of a theft of funds.
The most obvious assistance under this law is direct financial assistance through
the town’s budgeting process. This direct assistance is becoming more common and
may come with oversight strings you wish to impose to guarantee effective cemetery
preservation and operations. In many instances, this direct infusion of limited or
restricted funds may be an option for you to help prevent a complete takeover of
cemetery operations.
Now is the time to start a dialogue with your local public cemeteries in advance of
facing abandonment. Tour their operation with your highway superintendent and get
a sense of what its struggles and successes might be. You might be reminded that
Benjamin Franklin was right, that an ounce of prevention is worth a pound of cure.
A Solvent Cemetery Taking over an Abandoned Cemetery may be your
Answer
Another underutilized state statute and a tool for local governments is §1506-c of
the Not-for-Profit Corporation Law. 3 This 2009 law allows solvent and functioning
cemeteries to assume management and responsibility for an abandoned cemetery.
Many communities have more than one operating public cemetery. Perhaps yours
has a very well-run cemetery organization that is in good financial shape and could
use more burial space or is looking to expand while another is out of funds and
abandonment to the town appears certain. This is where you may be proactive and
continue dialogue with these community organizations. The marriage of a solvent
and abandoned cemetery, if approved by the state, may permanently resolve your
concern about having to take over a soon-to-be-abandoned cemetery.
Obviously, for your taxpayers and for your fiscal sanity, a cemetery operator that
already has the staff and equipment to maintain a cemetery is a far better suitor for
care of an abandoned public cemetery.
Abandonment doesn’t have to mean Fiscal Crisis for your Town
If are out of options and you are confronted with a public cemetery abandonment,
there is a one-time possibility to secure funds to put your newly acquired public
asset in shape and to ensure easier and cheaper maintenance.
The New York State Cemetery Vandalism Restoration, Monument Repair or Removal
and Administration Fund, or “Abandoned Cemetery Fund,” as it is known, is available
through the administration of the New York State Cemetery Board and the Division
of Cemeteries. 4 Through an application process, your municipality may be entitled to
secure a one-shot grant to survey the cemetery property, erect new fencing, upright
and repair dangerous monuments or those obstructing mowing, tree removal,
3
4
Chapter 363 of the Laws of 2009 effective October 25, 2009.
§1507(h)oftheNot-For-ProfitCorporationLaw.
TOWN TOPICS | 3
road repair, purchase cemetery equipment, assisting with payment of professional
services and other maintenance expenses.
If this abandonment grant process is undertaken with some planning and proper
execution, the town will wind up with a restored historical asset that will boost
community interest in cemetery preservation and will result in the most affordable
mowing operation possible.
In my own recent experience, the dramatic impacts of such a grant reflect positively
on the locality, and in our case, led to the community interest in restoring historical
monuments. Under the direction of our town board, a Veteran’s Monument Fund was
recently created allowing residents to contribute toward the restoration of veteran
grave markers not covered by the state grant process and has also led to volunteer
days with community members doing hands-on restoration work.
The town of Nassau has taken over three abandoned cemeteries recently, and the
grant process has been the key to avoiding what would have otherwise been a crisis
under the tax cap and anemic revenue streams. Our most recent project certainly has
increased our mowing expenses. However, the positive impact in the community
has been obvious.
In a recent cemetery abandonment, the cemetery’s board of volunteers became too
infirmed to continue any maintenance of the cemetery. The cemetery’s funds had
dried up decades ago and the town was approached to take over the burial ground.
Despite being located in a high traffic area, the cemetery was so overgrown, many
residents didn’t even know the cemetery was there.
Through the state grant program, the town had the property surveyed and
discovered we had inherited even more land than was expected. A tree service
removed all the border trees and those causing dangerous conditions or impeding
maintenance. A new, black chain-link fence and gates were installed surrounding the
cemetery. Our attorney handled the contracts and transactions necessary for transfer,
and a leading grave stone restoration company corrected dangerous conditions and
repaired nearly half the cemetery. All of this was accomplished and paid for with
funds through the “Abandoned Cemetery Fund.” The only thing left for the town to do
was send in our highway crew to provide mowing, which was made easier and less
time consuming with upright monuments and less obstructions.
The results of this operation yielded immediate impact on a busy street. Residents
took note. They donated funds to erect a historic marker. Others donated daffodils to
enhance the roadside border. Others came forward to inquire about burial space in
a once-abandoned burial ground that could now yield revenue from grave sales to
help cover the cost of maintenance. A potential crisis became a community jewel –
all with very limited impact on an already stretched budget.
The increased abandonment of New York’s cemeteries means that many
municipalities will continue to face, or face for the first time, a real challenge in
providing statutory-required cemetery maintenance and preservation. By taking
a proactive approach, it may be possible to delay abandonments or to prevent
them in most instances. Such an effort will require outreach to your local cemetery
organizations. They will surely welcome your dialogue.
If you are faced with no choice but to assume responsibility for a public cemetery,
there is significant financial assistance available to lessen the financial sting and ease
the burden.
David Fleming, Jr., is a consultant in cemetery regulation, operations and abandonment with the firm of
Featherstonhaugh, Wiley & Clyne, LLP. He is also supervisor of the town of Nassau, Rensselaer County.
TOWN TOPICS | 4
A Town’s Role in a Volunteer Firefighter Service Award Program
A service award program is a simple pension-like program for volunteer emergency
service workers. The intention of the program is to recruit, retain and reward these
volunteers, and it is essentially the only way to financially compensate them in New
York State. Specifically regarding volunteer firefighter programs, it is estimated
that approximately 700 service award programs have been established in New
York for volunteer firefighters. Local governments eligible to adopt these programs
include fire districts, villages, cities and towns. We estimate that about 100 towns
either solely sponsor a volunteer firefighter service award program or co-sponsor
with another municipality. Based on our nearly 25 years of experience, we have
encountered many instances in which towns did not understand their statutory
responsibilities. We believe there are several key points a town must understand
regarding its role as sponsor and administrator of a service award program.
First, it is important to note that the applicable sections of Article 11-A of the General
Municipal Law (GML) have been amended several times over the years, and some
of these amendments changed or clarified the town’s role and responsibility for a
program. The information in this article is based on the current statutes. It should
not be taken as a criticism that a program may not be administered correctly, rather
a guideline to compare against current administrative practices. Furthermore, the
scope of this article is limited to the scenario in which a fire company contracts only
with one town; authority is also given for a program to be established for a fire
company that contracts with multiple political subdivisions. There are additional
complications with this scenario, including an intermunicipal agreement that must
be established, but the basic principles remain the same. Finally, we recommend
that you review this article and the relevant statutes more thoroughly with the town
attorney.
•
The town is the program sponsor. Article 11-A defines a “political
subdivision” to be “a county, city, town, town on behalf of a fire protection district, village, village on
behalf of a fire service area or fire district.” It defines a “sponsor” to be “a political subdivision which
has established or jointly established a service award program, a volunteer fire company or department,
or any other entity responsible for fire protection.” A program is adopted by resolution of the
governing board of a political subdivision and by the approval of a proposition at
a mandatory referendum. The inclusion of “volunteer fire company or department”
within the definition of “sponsor” becomes problematic and confusing when trying
to interpret the statute. These distinct definitions seem to imply that the fire company
could be a sponsor even though it has no authority to adopt a program. Upon further
review of Article 11-A in its entirety, it seems most likely that the term “sponsor”
refers to the political subdivision that adopted the program. Practically speaking,
how can one organization adopt a program, yet another be the sponsor? It is our
conclusion that the sponsor is the political subdivision and that these terms can be
used interchangeably.
•
The town is the program administrator. The statute provides that the
adopting resolution passed by the town board must include basic information about
the program, including the written point system and whether the program will be
administered by the political subdivision or the state. Further, the statute provides
that a program can be abolished or amended in the same manner as it was created;
however, the point system may be amended by resolution of the governing board
TOWN TOPICS | 5
without another referendum if the impact of the change is to make it harder for
volunteers to earn the required number of points annually. The statute clearly states
that the town is responsible for the administration of the program unless the town
has transferred administration to the state (which no town has done to this point).
The town board must approve the point system as well as changes to the point
system. We have encountered many cases in which the fire company made changes
to the point system without approval from the town board.
Section 219-a(2) of the GML provides some guidelines on the administration of the
program. This section states the following: (1) the program is to be administered
by the political subdivision in accordance with the standards and procedures
established; (2) it is the responsibility of the fire company to maintain the required
records on forms prescribed by the political subdivision; (3) the fire company is
required to submit a list of volunteers who qualified during the year (i.e., earned 50+
points) to the town by March 31st each year; (4) the town board is required to review
and approve this list; and finally, (5) this town-approved list must be returned to the
fire company to be posted for 30 days.
This section makes it clear that the town board should be given the listing of
volunteers who earned 50 points by March 31st every year so the town board can take
the steps to review and approve this list. Typically, we suggest establishing a Service
Award Committee to make this process easier. Representatives of the fire company
and town can work together to ensure the proper procedures are being followed and
to verify the accuracy of the data. This will make the approval process at year-end
easier for the town board. No matter what administrative procedures are established,
the town has a greater responsibility than just raising the taxes to pay the cost of the
program. The town must also invest and account for the program assets.
•
Program assets and liabilities are the town’s. Section 218 (defined
contribution programs) and section 219 (defined benefit programs) state that the
sponsor is to contribute (pay for) the cost of the program and that the sponsor/
political subdivision is to appropriate an amount sufficient to pay for the benefits
each year. Therefore, the town is responsible for making the annual program
contribution, not the fire company. We know of situations where the cost of the
program is included with the protection contract, and the fire company makes the
contribution (and pays for program-related expenses such as administrative cost
or life insurance premiums). The town should raise enough taxes to pay for the
protection contact and the program, then retain the portion needed for the program
and make that contribution directly to the program trust fund. Further, the trust
fund account(s) should be under the town’s tax ID number, not the fire company’s.
The assets of the program are town assets that are held in trust for the payment of
the service awards and should be in an account owned by the town. Similarly, the
liabilities associated with the program are that of the town’s. The town should be
receiving, reviewing and reconciling asset statements, preferably monthly but no
less than quarterly.
•
Audit requirement and disclosure on town financial statements.
Effective June 30, 2007, service award programs are required to be audited annually
per §219-a(3). The Division of Local Government and School Accountability issued
a memo in January 2008 (revised in August 2008) giving options for how this audit
requirement can be satisfied. These options were developed in conjunction with
the New York State Society of Certified Public Accountants. Program sponsors who
TOWN TOPICS | 6
were already having their financial statements audited by an independent public
accountant could fulfill the requirement by completing and adding a footnote
disclosure to their financial statements. A sample note disclosure was provided,
which contained the following language: “The (Fire district/town/village/city) established a
… LOSAP for the active volunteer firefighters of the (insert name of fire department, fire company or fire
companies). The program was established pursuant to Article 11-A of the General Municipal Law. The program
provides municipally funded, pension-like benefits to facilitate the recruitment and retention of active volunteer
firefighters. The (Fire district/town/village/city) is the sponsor of the program.” It would appear, based
on this sample language, that when this draft footnote was created, the assumption
was made that only political subdivisions are sponsors, and that the footnote is to
be added to the financial statement of the political subdivision. Therefore, if the town
is having audited financial statements prepared, the town should be including the
footnote as part of its financial statement. In our opinion, it is not appropriate for a
fire company to include this footnote disclosure on its audited financial statement
since again, the program’s assets and liabilities are that of the town, not the fire
company. Towns that are not having audited financial statements prepared must
decide the best approach to satisfy this audit requirement based on the options given
in the state’s memo.
If you have additional questions, you can reach Penflex, Inc. at (800) 742-1409 or
[email protected]. Penflex, Inc. is based in Latham, NY and has been providing
actuarial, consulting and administrative services for service award programs since
Jan. 1, 1990.
Justice Courts
Right to Counsel Violated in DWI Case
By Anthony Provenzano, Town Justice, Town of Rye and Fifth Vice President, Association of Towns
In People v. Washington, 2014 NY Slip Op 03190, the Court of Appeals considered the
extent to which the police are obligated to advise a DWI suspect about an attorney’s
telephonic intervention before the administration of a chemical test.
The court reasoned that in People v. Gursey (22 NY2d 224 [1968]), it held that a defendant
facing an alcohol-related motor vehicle charge has a limited, statutory right to
request legal consultation before consenting to a chemical test.
In this matter, the defendant was driving an automobile at approximately 2:00 a.m.
when she struck and killed a pedestrian. She told the responding police officers that
she had consumed four beers “a while ago.” She failed field sobriety tests and was
arrested for driving while intoxicated.
In the meantime, defendant’s family contacted an attorney to arrange for him to
represent her. The lawyer telephoned the sheriff’s department, and shortly thereafter,
an operator at police headquarters transferred his call to a sergeant. Counsel
explained that he represented defendant, requested information about her status
and asked the sergeant to instruct police officers not to question or test his client. The
attorney was informed that he would be contacted by the arresting officer.
At the same time that the attorney was pursuing telephone contact with law
enforcement personnel, the police were processing defendant and advising her
about the need for a chemical test to determine her blood alcohol content. The
police read a standard chemical test authorization to defendant, and she then signed
the form, indicating her consent to take the breathalyzer test. Defendant was not
informed about the attorney’s communication before initiation of the breathalyzer
test at 3:39 a.m.
TOWN TOPICS | 7
Consequently, defendant was indicted for second-degree manslaughter,
second-degree vehicular manslaughter and two counts of driving while intoxicated.
She moved to suppress the results of the breathalyzer, claiming that it had been
administered in violation of her right to counsel.
The Appellate Division affirmed, concluding that the police violated defendant’s
constitutional right to counsel because she was not alerted to the lawyer’s
intervention before the breath test occurred and the People failed to establish
that such notification would have unduly interfered with the administration of the
breathalyzer (see 107 AD3d 4, 15 [2d Dept 2013]).
The court reasoned that driving while intoxicated is “a very serious crime”
(County of Nassau v. Canavan, 1 NY3d 134, 140 [2003]) that has long posed a “menace”
to highway safety (People v. Ward, 307 NY 73, 77 [1954]) and has caused many tragic
consequences (see e.g. People v. Heidgen, 22 NY3d 259, 267-268 [2013]). In the effort to
combat alcohol-related driving offenses, law enforcement agencies have been
granted statutory authority (see Vehicle & Traffic Law § 1194) to use an important
investigative tool — chemical tests to determine blood alcohol content (see People
v. Smith, 18 NY3d 544, 548 [2012]). Since alcohol metabolically dissipates from the
bloodstream (see Missouri v. McNeely, __ US __, 133 S Ct 1552, 1560, 1570-1571 [2013]), the
use of these tests “is a time-sensitive proposition; to maximize the probative value
of BAC evidence, the police endeavor to administer chemical tests as close in time
as possible to the motor vehicle infraction, typically within two hours of an arrest”
(People v. Smith, 18 NY3d at 548).
To promote this objective, operators of motor vehicles in New York are deemed
to have issued consent to chemical testing under Vehicle & Traffic Law § 1194 (2) (a).
The statute is designed to encourage those suspected of alcohol-related driving
offenses to comply with requests to submit to chemical tests in order to obviate
the need for securing court orders authorizing blood tests (see L 1953, ch 854; People
v. Ward, 307 NY at 77). Section 1194 “grants a motorist a qualified right to decline to
voluntarily take a chemical test” after being warned that a refusal “will result in the
immediate suspension and ultimate revocation of the motorist’s driver’s license for
one year,” along with evidence of the refusal being admissible at any subsequent
criminal trial (People v. Smith, 18 NY3d at 548).
The court stated that, in general, “an uncounseled waiver of the statutory right
to refuse the test[] provides no basis for suppressing the results” (People v. Shaw, 72
NY2d 1032, 1034 [1988]).
In People v. Gursey (22 NY2d 224 [1968]), however, the court recognized a limited
right of the accused to seek legal assistance in alcohol-related driving cases. We held
that, based on the warning procedure set forth in section 1194 (2) (b), “if a defendant
arrested for driving while under the influence of alcohol asks to contact an attorney
before responding to a request to take a chemical test, the police may not, without
justification, prevent access between the criminal accused and his lawyer, available
in person or by immediate telephone communication,” (People v. Smith, 18 NY3d at 549,
quoting People v Gursey, 22 NY2d at 227). Violation of this right to legal consultation
generally requires suppression of the scientific evidence (see People v. Smith, 18 NY3d
at 550). Because time is of the essence in obtaining accurate chemical test evidence,
the court further observed in Gursey that a suspect’s communication with a lawyer
regarding “the exercise of legal rights should not [] extend so far as to palpably
impair or nullify the statutory procedure requiring drivers to choose between taking
the test or losing their licenses.”
TOWN TOPICS | 8
The court further reasoned that it is therefore well-established that “there is no
absolute right to refuse to take the test until an attorney is actually consulted, nor can
a defendant use a request for legal consultation to significantly postpone testing,”
(People v. Smith, 18 NY3d at 549). In other words, conferring with counsel is permissible
only if “’such access does not interfere unduly’” with timely administration of the test
(id. at 549, quoting People v. Gursey, 22 NY2d at 227).
The court emphasized that Gursey was directed at the accused’s personal
request to seek legal consultation before providing consent to a chemical test (see
People v. Smith, 18 NY3d at 549; People v. Shaw, 72 NY2d at 1033-1034). Gursey is therefore
distinguishable from the facts of this case in one significant respect — defendant
never asked to speak to a lawyer before executing the consent form to take the
breathalyzer test. Here, an attorney contacted the police at her family’s behest at
the same time that defendant agreed to undergo chemical testing. The issue then
is whether counsel’s intervention just prior to commencement of testing requires
suppression of the results under these facts.
The court concluded that the statutory right to legal consultation applies when
an attorney contacts the police before a chemical test for alcohol is performed, and
the police must alert the subject to the presence of counsel, whether the contact
is made in person or telephonically. Gursey contemplated that a lawyer retained to
represent a DWI arrestee can directly communicate with the police, reasoning that
“law enforcement officials may not, without justification, prevent access between
the criminal accused and [the] lawyer, available in person or by immediate telephone
communication, if such access does not interfere unduly” with the administration of
alcohol test. The fact that defendant consented to the breathalyzer about the same
time that the attorney was communicating with the police is not dispositive since
defendant, after conferring with counsel, could have revoked her consent prior to
administration of the test (see generally Vehicle & Traffic Law §§ 1194 [2] [b], 1194-a [3]
[c]). The police therefore must advise the accused that a lawyer has made contact on
the accused’s behalf (see People v. Pfahler, 179 AD2d 1062 [4th Dept 1992]; People v. Meytin,
30 Misc 3d 128 [A] [App Term, 1st Dept, 2010], lv denied 16 NY3d 861 [2011]). Once so
informed, the accused may choose to consult with counsel or forego that option and
proceed with the chemical test.
The court concluded that in this case, when the attorney telephoned the police
to intervene on defendant’s behalf, the police should have informed defendant of
this development since breathalyzer testing had not yet begun. Defendant could then
have decided if she wished to discuss her situation with counsel. Since the police
officers here made no effort to advise defendant about the lawyer’s communication
and the People did not demonstrate that a notification of this nature would have
been unreasonable under the circumstances, we hold that the chemical test was
administered in violation of the statutorily based Gursey right to counsel.
Disclaimer: Please keep in mind that this article is provided to meet a specific publication
deadline. As always, judges should be aware of the fact that the law is constantly changing,
and new case law is being decided every day and/or statutes may be amended.
TOWN TOPICS | 9
Highways & Departments of Public Works
Assessing Highway Improvements against Adjoining Properties
The question recently arose as to whether a town has the authority to assess
improvements to a town highway against the abutting property owners. Specifically,
a town sought to construct parking spaces on a town highway in front of commercial
properties and charge the costs to the commercial property owners. Certainly, the
adjoining landowners would benefit from having parking spaces in front of their
commercial property; however, did the town have the authority to charge them for the
benefit?
Town Law section 200 permits a town board, either upon its own motion or upon a
petition signed by at least 50 percent of owners residing in or along the proposed
improvement area, to improve a street, public highway, private road or right of
way. If the town board is acting upon its own motion, the resolution authorizing the
improvement is subject to permissive referendum. Upon the adoption of the motion or
the filing of a petition, the town board must set forth the estimated maximum cost of
the proposed improvements and conduct a public hearing. If, after the public hearing,
the board determines that the proposed improvements are in the public interest, it
may thereafter cause the improvements to be constructed and charge the costs of such
improvements to the abutting landowners. Once the improvements are complete and
the charges are assessed against the abutting property owners, the street or highway
or right of way must be maintained as a public highway; that is, the abutting property
owners can only be charged for the initial construction of the improvement. A town may
not thereafter charge the abutting property owners for maintenance costs.
So, a town may assess “improvements” on a street, public highway, private road or
right-of-way to adjoining property owners. What, then, constitutes an improvement?
Town Law section 200 explicitly sets forth that a town may construct sidewalks, curbs,
gutters, culverts and other necessary improvements involved in constructing same.
This statute has been strictly construed, and the comptroller’s office has opined that any
improvements not set forth in Town Law section 200 may not be constructed under the
authority of that section (see 11 Op St Comp 553, 1955). Accordingly, if a town wants
to construct an improvement other than a sidewalk, curb, gutter or culvert along a
public highway, it must undertake the cost itself and cannot assess the costs against the
abutting property owners.
Consequently, a town does not have the authority under section 200 of the Town Law to
construct parking spaces on a public highway and assess the costs against the adjoining
property owners, as it is not an improvement set forth in the statute. However, a town
may, pursuant to Town Law section 198 (5), establish a public parking district and assess
the costs involved to those property owners encompassed within the district. Once
the parking district is established, the town may construct parking spaces on property
within the district (including public highways) and charge those within the district for
the costs of such. Establishing a parking district or other special district under Articles 12
and 12-A of the Town Law is subject to referenda requirements.
If the town wants to undertake an improvement to a public highway other than a
sidewalk, curb, gutter or culvert that is not covered as a special district under Articles 12
and 12-A of the Town Law, it can create, pursuant to special act of the state Legislature,
a town special district for road improvements (see Op St Comp 94-27). In creating the
special district, both abutting and non-abutting property owners could be included
within the boundaries, so long as it is determined that the properties will receive the
benefit of the special district. Once the special district is created, the town can then
charge the road improvement costs against those in the district. r
TOWN TOPICS | 10
2015 Training School and Annual Meeting
February 15 - 18, 2015
Registration Information
Registration Fees and Deadlines: $100 per
member and $125 (non-member)before Jan. 26,
2015. Registrations postmarked between Jan. 26,
2015 and Feb. 5, 2015 will be processed at the onsite registration rates: $135 members; $160 nonmembers. Registrations will not be accepted in
our office after Feb. 6, 2015. Any registration not
postmarked by Feb. 6, 2015 received in our office
will NOT be processed. You will need to register
on site after that date. No exceptions.
AVOID PAYING INCREASED ON-SITE RATES BY
REGISTERING TO ATTEND
BEFORE JAN. 26, 2015.
Justices and Court Clerks attending classes
and staying at the Hilton Midtown or the Sheraton
must pay the member/non-member registration
fee (see above) accordingly.
Hotel Reservations: First, register online or
by mail for the conference before you make the
appropriate accommodations at the hotel of your
choice. You will be responsible for making your
own hotel reservations either through the online
link sent to you after you’ve registered to attend
with the Association of Towns or by calling the
hotel of your choice.
•
Hilton - 1-800-HILTONS (445-8667)
• Sheraton 1-800-325-3535
Special room rates will still be available for
Annual Meeting attendees at the Hilton Midtown
and the Sheraton. The Sheraton is no longer
accepting vouchers/purchase orders at the front
desk. Please contact Tatjana Stanovic (contact
info on following page) for arrangements.
Cut-off dates to book your rooms:
Hilton Midtown - Jan. 9, 2015
(Parking $51 up to 24 hours; $61
for SUVs and larger vehicles up to 24
hours).
Sheraton - Jan. 23, 2015
(Parking $52/day)
Online Registration: Save time and paper by
registering online at our Web site: www.nytowns.
org. New this year, we will be accepting purchase
order numbers as well as Visa or Mastercard
payments. Online registration begins Nov. 3,
2014.
A “Breakfast with the Association” ticket
If you choose to do manual paper
is
included with each registration. Additional
registration,
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 CANCELLATIONS WILL BE
amount.
CHARGED A $10 PROCESSING FEE. Each person
is responsible for canceling his/her own hotel
3. Mail form and registration check
reservation. You must have a confirmation
to Association of Towns, 150 State St.,
number to cancel.
Albany, NY 12207.
TOWN TOPICS | 11
Procedures for Bus
Groups Attending the
2015 Annual Meeting
If you have eight or more people in your group,
please follow the group reservation procedure
for the Hilton and the Sheraton.
Cots or extra beds cannot be provided; it is
against fire regulations in New York City.
The hotels will try to reserve all the rooms
listed on the Group Reservation Forms on the
same or consecutive floors to keep your group
together, but such arrangements cannot be
guaranteed.
To help expedite your group’s arrival, please
follow these steps:
1 - Advise the hotel of your estimated
time of arrival.
NOTE: check-in time is 3 p.m. at all hotels.
Due to heavy check-out on the Sunday of
our arrival, there is little chance of an early
check-in.
2 - Instruct your transportation (bus, minibus, or taxi groups) to arrive:
Sheraton: on 53rd Street at the Sheraton
New York’s side entrance.
Please Note the Following General Rules
for All Hotel Lobbies
• No eating of any kind is permitted in or
around the lobby.
• Congregating in large groups must take
place away from the guest elevators and/or the
reception desk during busy times.
• For all groups, there is a mandatory baggage
handling charge:
Sheraton: $8.36 per bag/round trip
Hilton: $8.37/per bag/round trip ($12.74/2 bags)
• The baggage handling fee must be paid prior
to arrival either by credit card or by check. When
paying by check, please note that payment must
be received 10 days prior to arrival. Checks should
be mailed to the attention of your convention
services manager (made out to the appropriate
hotel):
Sheraton: Tatjana Stanovic, Mtg. & Event
Mgr.
Sheraton New York Times Square
811 7th Avenue
New York, NY 10019
212-841-6549
Fax: 212-841-6783
Hilton:
Hilton: on 54th Street Entrance across
from the Ziegfeld.
Matt Maida, Asst. Dir. of Events
Hilton Midtown
1335 Avenue of the Americas
New York, New York 10019
212-261-5707
Fax: 212-261-5835
3 - If you are delayed and will not arrive
at the scheduled time, hotels may not have
personnel curb side to meet your group. In
this case, please instruct the group to wait
on the bus while the group director goes to
the hotel lobby and advises the bell captain
of your arrival.
The number of bags will be verified upon
arrival and excess baggage will be charged to
the guest’s room. If we cannot charge the guest
room, the group director will be contacted and
be responsible for settling these charges.
*Please call 1-800-Hiltons (445-8667) to
confirm sleeping room accommodations.
Check-in time at the hotels is 3 p.m., so please
CHECK-IN:
TOWN TOPICS | 12
schedule your arrival accordingly. The hotels
will make every attempt to accommodate early
arrivals; however, rooms may not be ready
will make every attempt to accommodate early
arrivals; however, rooms may not be ready in
which case your group’s luggage will be stored on
a comp basis until the rooms can be assigned. If
you require bellmen to assist with the delivery of
your bags from the storage area to your rooms,
they will be happy to do so.
CHECK-OUT:
Check-out time is 12 p.m. at all hotels. Late
check-outs cannot be granted due to occupancy.
Bag Pull: Please indicate on your sheets if you
wish to schedule a bag pull at least one week
prior to check-in.
Once a bag pull has been scheduled (normally
baggage pick-up is scheduled one hour prior
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
pull time. Please note that all luggage should be
labeled.
Back again
Because it was such a hit with
meeting attendees last year, we have
decided to again work with NYC &
Company, New York City’s premier
marketing and tourism partner. Look
for the NYC Welcome Desk next to
the 2nd floor AOT registration area
for a special welcome package, which
will include information and discounts
on sightseeing, dining, theatre and
more so you can make the most of
your stay!
10 Percent DISCOUNT
with AMTRAK
IMPORTANT INFORMATION REGARDING
YOUR GROUP’S STAY:
Each group director is responsible for the
behavior of the individual group members. The
following will not be accepted, and may result in
dismissal from the hotel:
r EXCESSIVE NOISE in guest rooms or in
public areas including guest room corridors,
Food & Beverage outlets and/or Meeting room
floors.
r
PHYSICAL DAMAGE to the Hotel Property.
r ENDANGERING Hotel guests or group
members.
r REMOVING any Hotel property from
guest rooms or Hotel areas.
AMTRAK Discount
Amtrak offers a 10 percent discount off the lowest available fare to (New York, NY) between Feb. 11,
2015 and Feb. 22, 2015. Travel dates are approved
three days prior to the convention start date and three
days following the last day of the meeting. To book
your reservation call Amtrak at 1-800-872-7245 or
contact your local travel agent. Conventions cannot
be booked via Internet. Please be sure to refer to Association of Towns Annual Meeting Convention Fares
Code X38T-909 when making your reservation. This
offer is not valid on Auto Train. Fare is valid on Metroliner and Acela service for all departures seven days a
week, except for holiday blackouts. Offer valid with
Sleepers, Business Class or First Class seats with payment of the full applicable accommodations charges.
TOWN TOPICS | 13
2015 Training School & Annual Meeting
February 15 - 18, 2015
Hotel Room Rate Information
Please register online through our Web 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 NY Times 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
ADDRESS
CUT-OFF DATE
SINGLE
DOUBLE
TRIPLE
QUAD
EXECUTIVE/CLUB*
HILTON MIDTOWN
1335 Avenue of the Americas
(6th Ave. & 53rd St.)
Jan. 9, 2015
$265
$285
$305
$325
$285 Single
$325 Triple
$305 Double
$345 Quad
Based on Availability*
SHERATON NY TIMES SQUARE
811 7th Avenue
(7th Ave. at 52nd St.)
Jan. 23, 2015
$235 (plus $30 for each add’l person)
$235 (plus $30 for each add’l person)
$285 Single
$285 Double
(plus $30 for each add’l 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.
TOWN TOPICS | 14
2015 Training School & Annual Meeting
February 15 - 18, 2015
Meeting Registration Form
ATTENDEES MUST REGISTER WITH THE ASSOCIATION OF TOWNS
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 of Towns
150 State St.
Albany, NY 12207
4 - Questions? Contact Executive Meeting Coordinator Patty Kebea at the
Association of Towns at (518)465-7933.
TOWN TOPICS | 15
ASSOCIATION OF TOWNS
2014 PERSONNEL MANAGEMENT
SCHOOL
Tentative agenda includes: Civil service topics and update, labor contract negotiation strategies, personnel
policies municipalities should have and employee counseling and discipline.
The tentative agenda is subject to change.
Please check www.nytowns.org for online registration, agenda updates and
the topics to be presented at the individual locations.
SCHOOLS (Please check the school you will attend)
City of Kingston (Ulster County)
Thursday, November 13, 2014
Garden Plaza Hotel
503 Washington Avenue
Kingston, NY 12401
(845) 338-0400
__________
REGISTRATION FORM
Name ________________________________________
Title _________________________________________
Municipality or Organization ______________________
Address _______________________________________
City, State, Zip ________________________________
E-mail Address _________________________________
Phone (
) ________________________
FEES
Member Registration:
$75.00 (pre-reg) _____
$85.00 (at the door) _____
Non-Member Registration: $100.00 (pre-reg) _____
$110.00 (at the door) _____
PAYMENT INFORMATION
Online Registration
We encourage you to register online for these schools as
space is limited. Town officials can register online at
www.nytowns.org. We accept ONLY Visa or Mastercard.
Town of Amherst (Erie County)
Friday, November 14, 2014
Buffalo Marriott Niagara
1340 Millersport Highway
Amherst, New York 14221
(716) 689-6900
__________
Mail-In Registration
Check enclosed in the amount of $__________________
(Please make checks payable to Association of Towns of
the State of New York)
Mail this completed registration form to:
Association of Towns of the State of New York
150 State Street
Albany, New York 12207
Registration includes: materials, breakfast and lunch.
On-site registration opens at 8:30 AM, classes begin at
9:00 AM and end at 2:50 PM. Each location/date is
scheduled provide a total of 4 hours and 20 minutes of
training.
IMPORTANT INFORMATION
Note: Please make as many copies of this form as you
need to distribute to municipal officials with
personnel oversight/responsibilities.
Cancellation Notice
For refunds to be given, notice of cancellation must be
received 10 days prior to event, less a $10 processing fee.
NO REFUNDS after that deadline.
Questions
Please contact the Association at (518) 465-7933 with any
questions.
TOWN TOPICS | 16
Accessible Tourism:
Welcoming All People to Play in your Town
By Jim Huben, New York State Developmental Disabilities Planning Council
New York State has consistently been a tourist
destination for people from around the country
and the world. One simple look at the I Love NY Web
site (http://www.iloveny.com) will make any New
Yorker proud of the rich abundance of recreation
and leisure resources the state has to offer. The
tourism industry generates billions of dollars in
state and local revenues and adds jobs to the
respective communities. Travel Pulse estimates that
tourism brought more than $7.5 billion in taxes to
our state last year and generated direct spending
of more than $59 billion (2014). Municipalities are
encouraged to plan for and promote tourism in
their localities. New York State has invested the
highest level of funding in recent history with
plans to invest more than $45 million in tourism
initiatives in the coming year (Cuomo 2013).
Through innovative leadership and strategic
marketing campaigns, many regions of the
state have been able to bolster their economies
and secure the many benefits that tourism can
bring.
Several years ago, the New York State
Developmental Disabilities Planning Council
(DDPC) examined ways of improving the
availability of recreation and leisure opportunities
for individuals with disabilities and their families.
According to the U.S. Census Bureau (2013),
approximately one in five people in the United
States have a disability. Additionally, the 65 and
older population grew at a faster rate than the
total population. Projections indicate that the
rate of growth will continue to increase, with the
Northeast leading with the highest proportion of
adults overolder than the age of 65 in the nation.
Through its research, the DDPC found that
many individuals with disabilities (including the
elderly) were reluctant to take part in recreational
opportunities because they lacked in-depth
information about the accessibility of a given
site. This is not a compliance or design issue;
rather, individuals and family members wanted to
know that they would be able to enjoy an activity
without concern about finding an accessible
bathroom or having to negotiate a staircase.
The concept of accessible tourism is not new.
People with disabilities collectively command
about $220 billion in tourism dollars, making
them a significant and growing sector of the U.S.
population. Accessible tourism allows people
with access requirements (including physical
and programmatic) the ability to participate in
activities at the same time and place as others.
Accessible travel planning has become more
mainstream nationally and internationally, with
companies gearing their services towards tourists
with accessibility issues. Municipalities can also
promote accessible tourism with consideration of
universal design as well as the use of other tools
such as the Inclusive Recreation Resource Center.
Inclusive Recreation Resource Center
Over the past decade, the DDPC has worked
with SUNY Cortland to develop the New York
State Inclusive Recreation Resource Center
(IRRC). The intent of the IRRC is to promote and
sustain participation by people with disabilities
in inclusive recreation activities and resources.
A principal source of collaboration is local and
state government agencies. The IRRC staff has
established direct linkages to I Love NY, the NYS
Department of Environmental Conservation, the
NYS Parks, Recreation and Historic Preservation
and the NYS Olympic Regional Development
Authority. The IRRC can provide a much-needed
service to local governments. It has assembled
a user-friendly Web site (www.inclusiverec.org)
with tools and resources designed to improve
the usability and accessibility of recreation and
leisure opportunities. In addition, the Web site
contains a database of assessed sites with in-depth
information about individual sites that currently
See: Inclusion on Page 20
TALK OF THE TOWNS | 21
From Page 21: Ensuring Inclusion in your Town Promotes
Economic Development through Tourism Dollars
extend beyond New
York State.
IRRC Database
The IRRC database
contains more than
600 programs and
facilities that have
been assessed by
certified assessors. The
database is networked
with Web sites of other
agencies, such as
NYSDEC, NYSOPRHP
and several entities
listed within the
database.
The New York village
of Lake George is a
well-known tourist
destination in the
Adirondacks. In an
effort to create an
inclusive community
and promote accessible
tourism, the village
has had numerous
sites assessed and placed on the IRRC’s database.
For illustration purposes, we will examine the
assessment for the Lake George Recreation Center.
The assessment contains information including:
A) an embedded Google Maps app for improved
site location and directions; B) assessment
components broken down by category; C) a search
engine to locate options by activity, agency or
location; and D) a clickable state map to identify
opportunities by region.
By using this database, an individual can get
information specific to their needs. For example,
if a woman who uses a wheelchair wants to take a
day trip to the Lake George Recreation Center but
is concerned about finding an accessible restroom,
she can simply click-on the “Use” icon in the menu
bar (shown as letter C in the above image), then
click on the “Restroom” tab and scroll down to the
area designated “Rec. Center Ball Fields Women’s
Restroom.” The database provides in-depth
information including the accessibility of the route,
TALK OF THE TOWNS | 22
ABOVE: SCREENSHOT OF IRRC WEB SITE “VILLAGE OF
LAKE GEORGE” HTTP://ACS7.CORTLAND.EDU/IRRC/
size of the restroom, force required to open doors,
door handles, available grab bars and sink type,
all information that will make an individual more
comfortable and confident visiting a recreational
site
Aside from increasing the visibility of a community
as an inclusive tourist site and enhancing the
local economy, assessments make municipals
officials, employees and volunteers aware of
the importance of accessibility. Lake George
Mayor Robert Blais has paid careful attention
to accessibility and inclusion. In Lake George,
the parking meters are painted blue with the
international symbol to assist in designation.
These meters are scattered throughout the
See: Database on Page 24
Save the Date
In 2013, either directly or through co-sponsorship, the Association of Towns
was responsible for more than 560 hours of training for town ofﬁcials. A
bulk of that, of course, is due to our Annual Meeting and Training School
in New York City.
Don’t miss out on our largest and most
comprehensive training event of the year!
Our 2015 Annual Meeting & Training School will be held
Feb. 15 - 18, 2015
at the Hilton Midtown in New York City.
Registration begins Nov. 1.
Continue to check our bimonthly magazine, Talk of the Towns & Topics
and our Web site at www.nytowns.org
for registration and agenda updates.
Sponsorship, exhibiting and advertising opportunities
are available! Call the ofﬁce at (518)465-7933 for
additional info.
TALK OF THE TOWNS | 23
From Page 22: Database and other Resources Available to Assist
Towns in Improving Accessibility
economy from visitors with disabilities. It has
uplifted our image among them, brought them
back several times and has made us very ‘userfriendly.’” According to Mayor Blais, the village is
focused on creating and sustaining an inclusive
and accessible environment. “We have received
three grants over the past 10 years to install ramps
on all village streets. We installed a ramp at our
Recreation Center for access to all ball fields from
an upper parking area and added wheelchair
accessible trolleys,” he said.
Inclusion U. Training
ABOVE: SCREENSHOT OF IRRC WEB SITE “VILLAGE OF LAKE GEORGE”
HTTP://ACS7.CORTLAND.EDU/IRRC/
village and near the biggest attractions. Instead
of having stairs, most entrances to businesses
in Lake George are ground entry or have ramps
and curb cuts. Adjacent to the lakeshore, there
are accessible viewfinders along the walkways,
bench seating with companion seats and open
spots for wheelchairs. There is permanent and
stable beach access at the DEC Lake George Beach.
The Warren County Tourism Department in Lake
George hosts a Web site that provides accessibility
information for visitors with disabilities (see www.
visitlakegeorge.com/home).
Mayor Blais is one of the longest-serving mayors
in New York. When asked how he thinks Lake
George has benefitted from the work it has done
on accessibility in the village, Mayor Blais said,
“We have benefitted from having a very robust
TALK OF THE TOWNS | 24
To ensure the quality of the assessments placed
in the IRRC database, a certification process is
required. The IRRC provides a training called
Inclusion U (colfax.cortland.edu/nysirrc/traininginclusion-u.html) to state and local officials and
employees, parks and recreation professionals,
tourism professionals, human services
professionals, families and the general public.
Inclusion U is a one-day workshop that teaches the
principles of inclusivity and the components of
an assessment. At the completion of the course,
individuals are able to enter the results of their
assessments in the database. The course will be
available online.
The DDPC and IRRC staff are committed to
providing individuals with disabilities and their
families recreation and leisure opportunities in an
inclusive environment. With our partners in I Love
NY, the NYS Department of Parks, Recreation and
Historic Preservation and the NYS Department of
Environmental Conservation, we are well on our
way. We would love to include towns and villages
among our collaborators and would welcome your
comments or inquiries.
How to contact? For more information about the
Inclusive Recreation Resource Center and Inclusion
U, please e-mail the center at InclusiveRec@
cortland.edu or call us at 607-753-4833 or visit
our Web site at www.inclusiverec.org. If you have
questions for NYS Developmental Disabilities
Planning Council (DDPC), please contact Jim
Huben at (800) 395-3372 0r James.Huben@ddpc.
ny.gov. 
What’s Happening to Our Main
Streets, and How Can We Fix Them?
(Hint: By rejecting conventional wisdom about Euclidian zoning.)
By Ted M. Kolankowski, RLA, LEED AP, Senior Project Landscape Architect, Barton & Loguidice, D.P.C.
Towns and villages across the country are
recognizing that their current zoning codes may
have helped to inadvertently create main streets
and downtown centers that lack vibrancy and a
sense of community. They have become places to
visit strictly for business and then leave. It seems
like no one lives downtown any more. Once
meant to protect public health, safety and welfare
by restricting and segregating property uses,
conventional or “Euclidian” zoning has had the
effect of driving people away from town centers.
Residents find they must drive everywhere – to
work, to shop or to play. By separating uses related
to daily activities such as home, school and work,
Euclidian zoning has often resulted in suburban
sprawl and loss of urban centers. Streets are no
longer part of the community; they have become,
for all intents and purposes, utility conduits.
Towns, nostalgic for the “way things were,” are
now looking for ways to bring activity and promise
back to their main streets, maintain a sense of
character and place and reconnect the street to the
community.
To accomplish this return to the past, communities
are realizing that many of the features that could
develop and enhance the unique character of
their main streets have become illegal under their
Euclidean codes. No longer can single- and multifamily uses be mixed in a neighborhood; “mom and
pop” stores are illegal in residential districts; and
mixed-use buildings are not permitted. To preserve
and restore the character of their downtowns,
communities are struggling with how to maintain
control over land use, while encouraging new
development that is compatible with the character
of the community. Some communities have
turned toward the use of form-based codes (FBC)
because it allows them to regulate form rather
than function. Because it is more flexible and
allows for an appropriate mix of uses within both
neighborhoods and buildings, FBC can create
revitalized community centers where people can
live and work. FBC can be tailored to the desirable
characteristics of the community so the resulting
development is focused on what the community
actually wants, rather than simply determining what
uses are not allowed.
Euclidian zoning tradition leaves communities
at odds with what to do when iconic buildings
are lost and voids are created in the downtown.
Redevelopment within that space is very limited
under Euclidean zoning; there is often no language
within current zoning codes to encourage flexible
development (or redevelopment) choices. As
a result, infill development is required to be a
particular land use, which, in the case of most small
towns, results in a one-story structure. The bulk
density and parking requirements often result in a
new building that is pushed back into the site with a
sea of parking near the street.
What about current design standards? Architectural,
streetscape and even site design standards will
See: Form-Based Codes on Page 26
Community Comprehensive Planning | Grant Applications
Master Planning and Site Design | Municipal Planning and Representation
Recreational Facilities and Trails | Waterfront Revitalization
Infrastructure Engineering | Zoning | Downtown Revitalization
GIS Analysis, Mapping, and Needs Assessments | Urban Design
Environmental Assessments, Studies, and SEQRA
Syracuse | Albany | Rochester | Ellenville | Newburgh | Watertown
1-800-724-1070
www.bartonandloguidice.com
TALK OF THE TOWNS | 25
From Page 25: Form-Based Codes Offer Towns Flexibility in
Planning for Development
put a compatible façade on new development;
however, they do not always help get the optimum
result for the community. By focusing more on
design and less on the placement of uses, FBC
offers the flexibility to establish a variety of
compatible uses. This serves to increase community
investment, enhance and preserve the character of
the community and stabilize or increase property
values. FBC development involves looking at
the existing community structure and tailoring
regulations to balance site and architecture forms
that are consistent with the specific community.
By implementing FBC, communities gain better
proactive control over the pattern of development
based on community vision.
Form-Based Codes:
• Create a sustainable community through
future development formed through the
encoding of the existing character and
historic patterns of the community
• Encourage mixed residential neighborhoods
(single-, two- and three-family homes;
apartments; other multiple-family units)
• Create opportunities for mixed-use buildings
with retail and offices on the ground floor
•
•
•
and residences on higher floors, infilling
vacant and underused spaces within
traditional hamlet and village centers
Reconnect the street to the private realm,
which can create more walkable streets with
mixed land uses
Provide guidance for design professionals
with fewer zoning-based restrictions
Can be tailored to transition through
different community settings and land use
intensity
Reforming with Form-Based Code: Where to Start?
Employing FBC does not have to mean scrapping
or rewriting the town’s code. It does involve taking
a focused look at each town’s unique character to
see where FBC will work to meet the goals and
objectives of the town’s comprehensive plan. Each
town, village and hamlet is unique, and with some
focused visioning, the community will uncover
hidden character and history on downtown streets,
See: Character on Page 28
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TALK OF THE TOWNS | 27
From Page 26: Work within your Town’s Character to Determine
what Form-Based Codes will Work
waiting to be preserved and enhanced. Beginning
with the relationships of private development to
streets and the existing placement of buildings and
other site features, it is possible to more clearly
understand the character of a community to create
a truly community-derived, form-based code.
FBC incorporates standard zoning language such
as height, bulk, setbacks, lot size, clustering,
conservation subdivisions, Planned Development
Districts, etc. It can enhance existing design
standards because it incorporates graphical design
standards that prevent development from becoming
a mix of incompatible styles in building design. This
is not to say every building should look the same,
but rather that compatibility with adjacent buildings
becomes a high priority. Site design standards
that are currently difficult to articulate in codes can
be fully detailed in FBC. Placement of buildings
at the front of the property lines and placement
of parking and other landscape improvements is
easily communicated. FBC design standards not
only encourage more aesthetically pleasing, inviting
designs, but promote a pedestrian-based character
by connecting the street with the private realm.
FBC includes support for improved aesthetics
through the use of standards for architectural,
site design, landscape, signage and general
maintenance. Land uses can be adapted to permit
a wider range while meeting established standards
to ensure compatibility of individual components.
Redevelopment in the town center, hamlets and
village center incorporates elements of traditional
local architecture that can be interspersed with
carefully crafted contemporary designs. The
flexible nature of FBC allows for land uses that can
enhance the sustainable future of a place allowing
adjustments that can adapt to fluctuations in the
economy such as senior housing, in-law apartments
and live-work spaces.
FBC Standards Include:
•
Typical zoning language such as bulk, lot
size, coverage and setbacks
•
Site design – specifying locations for the
building, parking, green space, outdoor
amenities
•
Architectural details, features, orientation
of the entrances, window type and location,
building massing, height
•
Signage and lighting
•
Streetscapes, sidewalks, intersections and
curbing
•
Scenic resources
•
Stormwater management/green
TALK OF THE TOWNS | 28
infrastructure
Many towns prefer to employ a hybrid approach
to adopting change by creating overlay zones and
dividing larger districts into smaller districts for a
more focused street-by-street (or block-by-block)
revitalization effort. This allows a community to
adopt a specific set of regulations for downtown
and hamlet settings created for specific streets or
sections of streets, where it is important to preserve
the character of the community and incorporate
existing features and structures. This overlay
district approach can also incorporate mixed-use
zoning districts, which allow for office residential,
neighborhood commercial, mixed industrial
commercial and highway commercial. Mixed-use
buildings can also be incorporated in an overlay.
Adoption Steps:
Adopting form-based codes is within the authority
of communities on many levels. According to
the General Municipal Laws in the State of New
York, zoning and land use legislation must be in
conformance with a comprehensive plan, which
documents the needs and desires of the community
and sets forth the framework for zoning codes.
Considerations for your Form-Based Code:
•
Review how to effectively incorporate New
York State land use rules, regulations and policies
into your own municipal codes
•
Consider how to address the current and
future local trends for residential and commercial
growth
•
Consider how to enhance economic
development projects while providing a walkable
and safe community
•
Consider how to attract new and updated
mixed-use development
•
Consider how to leverage the unique
development pattern of the community to enhance
the sense of place
•
Determine and incorporate appropriate
regulatory tools to allow for greater control over the
built form of streets.
Basic steps for a zoning code update:
•
Determine codes to be updated (at the
discretion of the town board)
•
Develop the draft code
•
Ensure compliance with State Environmental
Quality Review Act (SEQRA) requirements
See: Revive on Page 29
From Page 28: Form-Based Coding can Revive Communities
Suffering from Stale Development
•
•
•
Conduct a public hearing
The new code is adopted by resolution of the
authorized board as a local law
Organize planning board training if desired
or necessary
How do you afford this update?
Several state and federal grant programs are
available to help offset the cost of code updates,
particularly progressive and sustainable updates
such as form-based codes. Among the most
common sources for grant funding are the NYS
Department of State, the NYS Office of Community
Renewal, NYS Department of Agriculture and
Markets and the NYS Energy Research and
Development Authority (NYSERDA). Many
communities belong to regional compacts (such
as the Hudson River Valley Greenway) that provide
funding for code updates. Private foundations
that have an interest in historic preservation, land
conservation and sustainability can also provide
funding for form-based code projects.
If your town is looking to slow down or reverse
the negative effects of years of Euclidean zoning
constraints and re-establish a vibrant downtown,
then a form-based codes approach could be right
for your community. The economic benefits of
recapturing a downtown tax base, as well as
efficiently reusing previously developed land
will pay off in the long run and make it easier to
preserve and enhance the unique character of your
community. 
Follow @nytowns on Twitter
for all of the Latest
information from
the Association of Towns!
TALK OF THE TOWNS | 29
The Story of BROW
Planting Street Trees Beyond the Right-of-Way
By Al Wegener, Landscape Consultant
Question: Is it legal for a municipality to plant street trees
beyond the right-of-way (ROW) on private property?
It’s a question I’ve run into a lot when planning street
trees with towns and villages. That’s in part because
with the widening of our roads over the years
and the construction of sidewalks, there is often
insufficient soil volume in the ROW to support street
trees. Furthermore, some highway superintendents
want a ROW free of trees so they can perform street
maintenance operations more easily. Also, trees
in the ROW may conflict with utility lines, a battle
neither side ultimately “wins.”
So, it’s really tempting to plant just a few feet beyond
the ROW, on what might be an open and inviting
lawn. But is it legal to do so?
Digging In
To find out, Karen Emmerich, a planner in ReLeaf
Region 3, and I surveyed seven town and village
officials in the Shawangunk Mountains Region.
We asked what they thought about a municipality
planting trees on private property. The answers
varied from: “That’s probably something you don’t
want to mess with,” to “It’s a dicey thing to do,” and
several felt it might be against our state constitution,
but nobody really knew for sure.
I then spoke with Susan Zimet, supervisor of the
town of New Paltz. Susan wants very much to reestablish the trees along Main Street and throughout
the town. But many of the trees would have to go
beyond the ROW. So she arranged for me to speak
with Town Attorney Joe Moriello about it.
Joe said he hadn’t really studied the matter, but
he told me of a 1970 attorney general opinion that
opined that for cities, and by extension towns and
villages, the use of municipal resources to plant
trees on private property is a violation of article VIII,
section 1 of the New York State Constitution. Here it
says that no local government shall give money or
property to a private entity.
So, to plant trees beyond the ROW, do we somehow
need to change the state constitution? How do we do
that?
TALK OF THE TOWNS | 30
The Board Takes up BROW
I raised the question at the next board meeting of
the NYS Urban Forestry Council. In my presentation,
I listed 13 documented benefits of street trees that
our communities would forfeit if we had no good
places to plant replacement trees. I pointed out that
these are benefits to the general public, not just
the private property owners. I then gave examples
of the difficulties I was having with “my” towns
and villages in locating good planting sites for
replacement trees within the ROW.
Everybody seemed to be in agreement with the
benefits to the general public I listed, but some
questions were raised about planting beyond the
ROW (which we started referring to as BROW,
Beyond Right-of-Way). Those questions included:
•
How far beyond the ROW could you plant before you lose
these benefits to the public?
•
Who maintains the tree and does the watering and
pruning?
•
Who has liability for the tree?
•
What if at some future date the property owner wants to
cut the tree down for one reason or another?
The board had consensus about the necessity of
gaining the permission of the property owner – not
only permission, but cooperation.
Also during this board meeting, it was pointed
out that, going by the 1970 AG’s opinion, some
municipalities that are now planting outside the
ROW may not have a sound legal basis for doing so.
Mary Kramarchyk, program manager for NYSDEC
See: Case Law on Page 31
From Page 30: Case Law Tends to Support Use of Public Resources to
Beneﬁt the General Public Under Home Rule Law
Urban Forestry, reminded us that state Urban and
Community Forestry grants do not provide for
planting beyond the ROW at this time.
Council President Andy Hillman pointed out
that planting beyond the ROW was legal in
Massachusetts. If so there, then why not here?
The board also wondered how it was permitted
that NYSDOT can plant loads of trees beyond the
ROW. And we noted that the U.S. Forest Service has
authorized the use of federal funds for the purpose of
“replacing dead and dying urban trees … on private
property in New York City.”
All well and good, but the attorney general seemed
to be saying that it is not legal for local governments
to do so in New York State. Going by this, local
municipalities could be sued for doing so; that is, for
giving money or property to enrich a private entity.
So what to do?
Enter the Association of Towns
Chris Anderson, director of research for the
Association of Towns (AOT) of the State of New
York came forward and volunteered to work on this,
utilizing AOT resources. Great! Just what we needed.
Over the next few months, Chris and I discussed
many of the considerations and issues involved in
the BROW idea. He enlisted the help of Lori MithenDeMasi, who is AOT’s counsel. Between Lori and
Chris, they must have spent hours and even days
researching this.
Lori agreed with Joe about the 1970 attorney
general’s opinion, but wrote that it “must be
read together with subsequent attorney general
opinions that redefine what actions constitute an
unconstitutional gift of municipal resources.”
She added: “Since 1970, the attorney general has
issued numerous opinions wherein they have
opined an incidental benefit to a private individual
or entity does not invalidate an expenditure of public
funds if a public purpose is primarily served by that
expenditure (Murphy v. Erie Co., 28 N.Y.2d 80, 88 (1971).”
Lori said that “local municipalities have the authority
to enact a local law to provide trees to property
owners according to the Municipal Home Rule Law,
§10(i)(a)(ii)(12) of the NY Const., Art IX, §2 under their
police powers.”
The phrase “police powers” threw me a bit. So,
naturally, I Googled it (http://www.dos.ny.gov/lg/
publications/Adopting_Local_Laws_in_New_York_
State.pdf) and found that “police power” has been
defined generally as “the power to regulate persons
and property for the purpose of securing the public
health, safety, welfare, comfort, peace and prosperity
of the municipality and its inhabitants (Village of Carthage
v. Frederick, 122 N.Y. 268).”
In the AOT background piece, Lori gives several
examples of where the attorney general has
determined that it was appropriate under Home Rule
Law to use public resources to benefit the general
public even though private parties would receive an
incidental benefit.
So it seems to me we’re on good legal ground, per
Home Rule Law, by citing the public benefits of
planting in the BROW and by siting the trees in a way
that assures these benefits will be realized.
Next Steps
My own feelings are mainly that (a) the idea of
planting in the BROW is going to be news to many
people and (b) it will be very important to gain the
full cooperation of property owners.
This leads me to suggest that a key first step would
be to provide background and the AOT write-up to
the attorney of each local municipality interested in
planting in the BROW and to get agreement on the
legal basis for doing this so that they can advise their
official boards.
I did this in New Paltz. After reviewing the AOT writeup, Town Attorney Moriello is in agreement with
Lori; so is Supervisor Zimet. We are now considering
the specific concerns mentioned above. In my view,
they will need to be studied and resolved by each
local municipality in accord with local needs and
circumstances.
Then, the process of enacting a local law for BROW
will provide a good framework for communicating
this information and the rationale for planting in the
BROW to the public. Considering the importance of
being able to plant trees in the BROW, we should
engage the full lawmaking process with broad
See: Cooperation on Page 33
TALK OF THE TOWNS | 31
Funding
Tools
Federal EDA Investment
Programs for Local
Governments
•
EDA Planning Programs: provides support with
long-term planning efforts.
•
EDA Local Technical Assistance: helps fill the
knowledge and information gaps that may prevent
local officials in distressed areas from making optimal
decisions on local economic development issues.
For more information on these and other assistance
programs from the Economic Development
Administration, please see the full guidance
document on our Web site at www.nytowns.org. 
Control Your Energy Costs
• A Guide
In July, the National Association of Towns
and Townships (NATaT) published a
grants guide for programs administered
by the U.S. Department of Commerce’s
Economic Development Administration
(EDA), a copy of which can now be found
on the Association of Towns’ Web site
(www.nytowns.org). The guide sets forth
the requirements to obtain funding, what
each program offers and the review
process. It is meant to help town officials
gain a better understanding of how EDA
programs can assist in planning or capital
projects that spur economic development
and job creation in distressed areas. The
following is a summary of some of the
EDA opportunities covered in the guide.
•
EDA Public Works: grants to
distressed communities to revitalize,
expand and upgrade their physical
infrastructure to attract new industry,
encourage business expansion, diversify
local economies and generate or retain
long-term, private sector jobs and
investment.
•
EDA Economic Adjustment: a
revolving loan fund program for small
businesses and entrepreneurs to provide
gap financing needed to start or expand
their business. Towns looking to expand
their commercial tax base may want to
consider publicizing this opportunity.
TALK OF THE TOWNS | 32
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www.megaenergy.org or 518.465.1473
The Role of Local Government in
Disaster Preparedness and Response
By Tim Reicker, Partner and Principal Consultant, Emergency Preparedness Solutions, LLC
In a home rule state such as New York, local
governments play a critical role in disaster
preparedness and response. The primary governing
law on emergency management in New York State
is Executive Law Article 2-B, which outlines the
responsibilities and authorities of both state and local
governments. Because we have a particularly strong
county government structure in New York State, the
same authorities granted to local governments also
apply to counties, with these authorities in both cases
applying to the chief elected officials.
of our citizens. Local elected officials are responsible
for the safety of citizens, providing critical services
and ensuring continuity of government. A disaster
preparedness program is the best way to ensure that
your jurisdiction is able to provide these services.
A comprehensive disaster preparedness program
involves developing and maintaining a plan, training
responders and key personnel to function within the
plan and exercising the plan to validate it and aid in
proficiency. Planning is the cornerstone activity of
preparedness.
Section 20, part 1 b states as policy of the state:
What are your hazards? How will you respond? Who
is in charge?
Local chief elected executives take an active
and personal role in the development and
implementation of disaster preparedness
programs and be vested with authority
and responsibility in order to [e]nsure the
success of such programs.
Why Prepare for Disaster?
Disasters are inevitable. Over the last few years,
many parts of New York State have suffered the
impacts of disasters, including floods that damaged
our infrastructure – roads, bridges and public
buildings – and resulted in casualties and fatalities
Having a plan — and referencing that plan during a
disaster — will help your jurisdiction maintain control,
save and preserve lives and respond with greater
efficiency and effectiveness. Training to that plan
and practicing that plan will ensure that people are
familiar with their roles and responsibilities during
a disaster. You will also be better able to integrate
county, state and even federal resources into your
response while maintaining critical continuity of
See: Emergencies on Page 34
From Page 31: Planting Trees beyond the Right-of-Way will Require
Cooperation of Property Owners
public participation. Any shortcuts,
such as a simple resolution by
the local board without public
involvement, could lead too easily
to misunderstanding.
For me, the cooperation of
property owners is essential. The
success of planting in the BROW, I
feel, is largely in their hands. Not
everyone loves trees, nor are they
willing to care for them. Also, we’ll
need to address the concerns some businesses
have about storefront visibility; giving public
recognition to “tree keepers” may be helpful.
So these are my thoughts, and I am
hopeful that others will provide their
comments to this post on the TAKING
ROOT blog to create a forum for
ideas. 
—Al Wegener is a Landscape Consultant,
working primarily with local municipalities. He is a
Certified Arborist and Certified Municipal Specialist. Al
is also the Executive Director of the regional partnership
of
11 local municipalities which created the NYS-designated
Shawangunk Mountains Scenic Byway. He can be reached at aweg@
earthlink.net.
TALK OF THE TOWNS | 33
From Page 33: Being Prepared to Handle Emergencies begins
with Planning from Entire Community
government functions.
Preparedness is Key
While chief elected officials are ultimately responsible
for all functions within their jurisdictions, this
doesn’t mean that something as complex as disaster
preparedness should be addressed alone; rather,
preparedness efforts – particularly planning – should
be a group effort. Both Article 2-B and FEMA promote
the formation of an emergency planning group.
FEMA uses the term ‘whole community’ to reflect that
stakeholders are not just found in local government
but also in the private sector, not-for-profits and
even in the civilian population. Engage your town
departments and key employees – not forgetting
those in charge of activities such as finance and
human resources. Even though they are not seen as
‘response’ functions, they are absolutely critical to
your preparedness efforts.
Many towns have certain services provided by
external entities, such as the New York State Police
or independent authorities, so be sure to invite them
to your planning group. Additionally, since counties
provide a great deal of support in local disasters,
you should invite your county emergency manager
to the table. Regional staff from the NYS Office of
Emergency Management (OEM) can facilitate a
hazard analysis and advise on the planning process.
Contact information for NYSOEM regional offices
can be found at http://www.dhses.ny.gov/oem/about/
index.cfm#OEM-regional-map.
The best ‘how to’ guide for creating an
emergency management plan comes
from FEMA’s Comprehensive Planning
Guide (CPG) 101 found at http://www.
fema.gov/pdf/about/divisions/npd/
CPG_101_V2.pdf, which details the
process for creating your plan. To
ensure that the requirements of Article
2-B are met, you should also review
the Empire County Comprehensive
Emergency Management Plan sample
on the NYSOEM Web site at http://
www.dhses.ny.gov/oem/planning.
These state planning requirements are
outlined in Section 23 of Article 2-B.
Once a plan is completed, don’t just
set it on a shelf. Responders and
key personnel should be trained
TALK OF THE TOWNS | 34
in their roles relative to the plan. The plan should
be exercised as a form of validation and practice
for personnel. The plan should also be regularly
maintained, reviewed and updated at least annually.
How Will You Respond?
Your jurisdiction’s emergency management plan
will address what your hazards are and how you
will respond to disasters. The National Incident
Management System (NIMS) provides a core set of
doctrines, concepts, principles and terminology for all
hazards and is used across the state and the nation. It
is based upon best practices in incident management,
including the Incident Command System (ICS), which
is the organizational structure applied to incidents
and disasters. The use of this system is what allows
resources from neighboring jurisdictions, the county,
state and federal government to integrate into and
support your organization. More information on NIMS
can be found at http://www.fema.gov/nims. Concepts
of NIMS should be integrated into your emergency
plan.
The emergency management system in New York
State allows for local jurisdictions to dictate their own
response by identifying priorities and addressing the
needs of its citizens. Asking for help from surrounding
See: Leaders on Page 35
Disasters Happen—Are you Prepared?
We provide full government preparedness services
Towns, villages, cities, counties,
including:
municipal authorities, and
• Hazard Analysis
• Comprehensive Emergency Management
Planning
• Continuity of Government Planning
• Emergency Operations Center (EOC) Consulting
and Training
• Preparedness Exercises
www.epsllc.biz
special districts should all have
plans to:
• Prepare for disaster
• Respond to disaster
• Recover from disaster
• Preserve operations
[email protected]
From Page 34: Town Leaders should Ask the Right Questions
in Taking Steps toward Preparedness
jurisdictions and the county is easy and is
typically done through your 911 system.
To request assistance from the state or
federal government, you will submit that
request through your county’s emergency
manager. Remember that New York State
is a home rule state, so no matter what
help arrives or from where it comes, the
ultimate responsibility for addressing the
impacts of the incident lies with the local
chief elected official.
Section 24 of Article 2-B allows for local
chief elected officials to declare a local
state of emergency and to issue local
emergency orders, through which local
ordinances can be temporarily suspended
or created. Consider the advantages
of issuing a curfew, closing roads or
ordering a parking ban during a disaster.
The Role of the Chief Elected Official
A regular saying in emergency
management is ‘all disasters are local,’
meaning that every disaster, no matter
how large or small, has an impact on
citizens and local government; and in the end, it is
citizens and local government that must not only act
first but are in the aftermath of the disaster. The chief
elected official must handle disasters and disaster
preparedness similar to how he or she handles daily
government business – by delegating. Ultimately, the
chief elected official is responsible for addressing the
impacts of disaster in his or her jurisdiction, but he or
she must leverage the strengths of those around to
accomplish all that must be done.
Prior to a disaster, chief elected officials should
support preparedness efforts. Towns are not required
to have emergency disaster managers, but appointing
someone to coordinate efforts before, during,
and after a disaster is a best practice. Emergency
management is broader than the regular duties of the
fire service, law enforcement or other disciplines and
an emergency disaster manager must be able to work
well with all of these departments.
Going by NIMS, the individual in charge of managing
the response to the event is the incident commander.
The chief elected official should not be the incident
commander. The chief elected official needs to have
a broader focus. The incident commander, often
the fire or police chief or highway superintendent,
reports to the chief elected official. The chief elected
official is responsible for the broader well-being of
citizens and making policy decisions to support the
incident commander and to ensure continuity of
government services. They will establish the priorities
for government departments and the incident
commander and will need to address political realities
of the incident, support the incident commander and
Preparedness is not a one-time activity; rather it is
an ongoing effort to make sure that every aspect of
your jurisdiction is prepared night and day, every
day of the year. Are all the right plans in place for
response, recovery and continuity of government? Do
you have signed memoranda of understanding with
other agencies, jurisdictions, vendors and not-forprofit organizations? Do you have alternate facilities
identified for critical government functions? Are your
lines of succession documented? Are your plans up to
date? The local chief elected official should champion
and support all these preparedness efforts for the
safety of his or her citizens and the overall efficiency
of the town. 
address the needs of citizens.
TALK OF THE TOWNS | 35
Turns 20!
In 1994, the Association of Towns established
a workers’ compensation group self-insurance
program with eight initial members – the New
York State Workers’ Compensation Alliance
(Comp Alliance). The Association sought to create
a service-oriented program that would allow
its members to meet their long-term workers’
compensation liabilities while maintaining stable
premiums. Twenty years later, this principle is more
important than ever before.
So much has changed for our members in the
20 years since the Comp Alliance was formed.
Changes in the law in 2007 resulted in maximum
wage replacement benefits that are 102 percent
higher today than they were just seven years ago.
Medical costs continue to rise, and the recent
economic recession has resulted in historically low
interest rates. The tax cap, non-existent in 1994,
is now 1.56 percent for 2015 and a new tax freeze
program creates additional pressure on towns to
maintain services and meet new challenges with a
negligible change in tax levy.
Yet the Comp Alliance’s mission remains today what
it was in 1994. We understand how important it is
to maintain a stable budget and avoid unexpected
costs. As a result, we do not perform a year-end
payroll audit that can lead to year-end premium
increases and throw your budget out of balance.
We are also committed to fully funding the program
so that funds will be available to pay the claims
over the long term. Additionally, the Comp Alliance
is dedicated to helping you contain your workers’
compensation expenses through effective claims
management and our extensive risk management
programs. As the costs associated with each claim
continue to rise, each claim successfully prevented
and effectively managed results in savings to the
town.
Like many of its members, the Comp Alliance has
had to adapt to changing economic, social and
political environments to fulfill its mission. As the
program has grown from eight to 230 members,
we have added the services, resources and staff
required to ensure that meeting our members’
needs remains the top priority our program.
TALK OF THE TOWNS | 36
To better serve our members, we have developed
an improved Web site, www.compalliance.org. In
addition to easier navigation, the new Web site is
more interactive, featuring a blog, podcasts and
Twitter feed (@nycompalliance) that allow our
members to keep up to date on events, trainings
and other news. A member’s only section (currently
in development) will feature a client portal and
provide Comp Alliance members with greater
access to their claims history, financial information
and risk management reports.
The Comp Alliance has also forged a new
partnership with the New York State Conference of
Mayors (NYCOM). With the support now of both the
Association of Towns and NYCOM, proven leaders
in representing the interests of towns, villages and
cities in New York, the Comp Alliance has even
greater means of responding to the needs of our
members. The direct involvement of the Association
of Towns and NYCOM in our program ensures that
the Comp Alliance is always up to date on the fiscal
and regulatory environments in which municipal
officials must operate and that we remain cognizant
of the challenges our members face as we develop
training programs, establish funding contributions
and assist with regulatory compliance. In this age
of intergovernmental cooperation, the addition of
NYCOM as a partner in our program highlights the
advantage of working together to best attend to the
needs our members.
Finally, to ensure that the Comp Alliance remains
focused on our members needs as we continue to
grow we have added an Executive Director. After 10
years of working closely with the Comp Alliance as
an attorney for the Association of Towns, I am happy
to have accepted the role of Executive Director of
the Comp Alliance in April of this year. I thoroughly
enjoyed assisting local officials during my time
with the Association of Towns, and I look forward to
continuing to do so with the Comp Alliance.
As we look back on our 20 years of service to
our members, our commitment to our founding
principles has allowed the Comp Alliance to thrive
despite the challenges we faced, and will continue
to benefit our members going forward. 
Welcome, New York PRIMA!
PRIMA – the Public Risk Management Association – is the foremost entity promoting risk management in
the public sector. PRIMA is a nonprofit corporation headquartered in Alexandria, Va., providing a wealth of
educational resources in the form of seminars and webinars, reference material, educational courses and
publications, as well as networking opportunities for individuals charged with managing risk in the public
sector. PRIMA members are government employees at the state, agency and local levels. Our membership
also includes insurance professionals providing services to the public sector, such as brokers, consultants,
insurers, engineers, claims administrators and others. PRIMA has chapters in 32 states.
Last year, efforts were undertaken to increase PRIMA’s presence in New York. New York PRIMA is now
functioning as a chapter of PRIMA National, and we are looking for members!
The chapter’s primary mission is to promote the profession of public sector risk management in New York.
We seek to provide risk management-based education and research opportunities to the public sector
risk management community in our great state. Working with interested professionals in both the public
and private sector, we strive to help our members protect public sector funds by reducing accidents and
the related costs of litigation that are funded
with taxpayerFOR
dollars.
ADVERTISEMENT
THE We will also support efforts to further
protect public funds by evaluating risk
on
an
enterprise
level,
identifying
ASSOCIATION OF TOWNS MAGAZINE the interdependencies and
exposures between different functions and services.
PAGE ADSept. 18 at the Holiday Inn, 205 Wolf Road,
Our first-ever Educational Event is scheduled for½Thursday,
7.50”W
x 4.75”H
Albany starting at 8:00 a.m. It is open to members and
nonmembers alike. Three of the speakers will
be addressing New York-specific issues: Brian Collins and Deena Jones of the New York State Workers’
The Esq.,
curvedexecutive
border around
the adof
is the
drawn
Compensation Board and Kevin NOTE:
Crawford,
director
New York Municipal Insurance
0.05”
inside
of
the
7.50”
x
4.75”
limit.
Reciprocal (NYMIR). Information about the annual meeting and how to join New York PRIMA can be found
on our Web site at www.nyprima.org. Membership opportunities are available for government, affiliate,
individuals and students. 
Sterling Environmental Engineering, P.C.
Serving Municipal Government and the Private Sector Since 1993.
• Environmental Engineering & Permitting
• Hydrogeology & Water Resources
• SEQRA & Environmental Impact Analysis
• Mining and Mineralogy
• Zoning and Land Use Planning
• Solid Waste Management and Planning
• Regulatory Compliance Programs
• Landfill Closure and Redevelopment
• Wetland Delineation & Permitting
• Water & Wastewater Planning and Design
• Stormwater Management & Permitting
• Grants & Project Financing
• Brownfields Remediation and Development
• Recycling & Beneficial Use/Reuse
• Petroleum Bulk Storage & Spill Remediation
• Litigation and Expert Testimony
Mark P. Millspaugh, P.E., President
Stephen B. Hammond, P.E., Principal
24 WADE ROAD • LATHAM • NEW YORK 12110
PHONE: 518-456-4900 • FAX: 518-456-3532
website: www.sterlingenvironmental.com
email: [email protected]
TALK OF THE TOWNS | 37
Can You Help Us?
We need to know if you are receiving this magazine under the correct name and mailing address so
that we can update our database. If any of the information on your mailing label is incorrect, please
fill out the correct information on the form below and fax it to (518) 465-0724 or mail it to: The
Association of Towns, Attention: Cheryl Punzi, 150 State Street, Albany, NY 12207. This information
is valuable in ensuring that you receive your magazine in a timely, cost-effective manner.
Name_______________________________________________________________________________________
Ofﬁce_______________________________________________________________________________________
Town_______________________________________________________________________________________
Street_______________________________________________________________________________________
City___________________________State_____Zip Code_____________Phone Number____________________
Fax_________________________________________________________________________________________
E-mail_______________________________________________________________________________________
Is this information replacing that of someone who no longer works for your town? YES__________NO_________
Name of person you’re replacing__________________________________________________________________
TALK OF THE TOWNS | 38
Available
from the Association of Towns . . .
. . . Training manuals written by our technical and legal staff designed to keep town
officials updated and informed about the responsibilities of their offices.
ORDER FORM
Please complete & mail to:
Bonnie Becker
The Association of Towns of the State of New York
150 State Street, Albany, NY 12207
_______2014-15 Directory of Town Officials @ $25/members, $50/non-members
_______Town Law Manual (2006 ed.) @ $10/members, $15/non-members
_______Forms & Outline of Criminal Procedure for Town Justices & Police (2006 ed. CD incl’d) @
$40/members, $50/non-members
_______The Office of the Highway Superintendent (2005 ed.) @ $10/members, $15/non-members
_______Office of the Town Clerk (2013 ed.) @ $10/members, $15/non-members
_______Tax Collection in Towns (2008 ed., CD included) @ $10/members, $15/non-members
_______Small Claims Guide for Town & Village Courts (2009 ed.) @ $10/members, $15/non-members
_______TOTAL (includes postage and handling)
Please make checks or money orders payable to: THE ASSOCIATION OF TOWNS
Name_________________________________________________________________________________
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Street Address or P.O. Box______________________________________________________________
City___________________________________________State_______________Zip_________________
TALK OF THE TOWNS | 39
Index of Advertisers
THANK YOU
FOR YOUR
SUPPORT
IFC NYMIR
25
Barton & Loguidice
2
Federal Home Loan Bank of New York
26
O’Connor Davies, LLP
9
Woodard & Curran
27
Promontory Interfinancial Network, LLC
10
Bond Schoeneck & King, PLLC
29
Statewide Aquastore, Inc.
11
NYCLASS
32
MEGA
13
DN Tanks
34
Emergency Preparedness Solutions, LLC
18
TM Fitzgerald
37
Sterling Environmental
19
H2M architects + engineers
40
NYSHIP
20
Tectonic Engineering
IBC
Comp Alliance
BC
Auctions International
• NYSHIP is available to virtually all
public employers across New York State
• Over 800 counties, cities, towns, villages,
school districts and special districts
participate in NYSHIP
• More than 1.2 million public employees,
retirees and their families have health
insurance through NYSHIP
A unique health insurance
plan developed for New York’s
public employees
For additional information regarding The Empire
Plan, public employers may visit our web site
at www.cs.ny.gov or call the New York State
Health Insurance Program at 518.485.1771
New York State Department of Civil Service, Employee Benefits Division
TALK OF THE TOWNS | 40
NYMIR COUNTY
Making A Difference Since 1994
Not-for-Profit, Tax-Exempt, Group Self-Insurance Plan
Solely Designed For Municipalities
Support the workers’ compensation program designed to meet your unique
needs. See why the New York State Municipal Workers’ Compensation Alliance
is one of the fastest growing programs in New York State.
Sponsored by the New York State Conference of Mayors & the Association of Towns
of the State of New York
AM Best “A” Rated Excess Carrier, Since Inception
Long Term Price Stability, Less Than 10% Average Yearly Increases
No Retroactive Premium Payroll Audit Charges
“We have enjoyed a great relationship
with NYMIR over the past many years.
Their concern, interest and courtesy
Aggressive Claims Management and Pro-Active Loss Control Services
Municipal Volunteer Coverage at no Additional Charge
High Retention and Customer Satisfaction
Call now and find out why price is only one of the reasons to join!
Association of Towns
of the State of New York
150 State Street
Albany, NY 12207
Presort Std.
US Postage
PAID
Assn. of Towns of
State of New York
Permit #1010