NYCOM Advocacy Update 12/2/24

NYCOM Advocacy Update 12/2/24

UPDATE ON OBLIGATING YOUR ARPA FUNDS

VIEW UPDATE (added 12-2-24) 

Obligating ARPA Funds

Obligating ARPA Funds

Consistent with the final rule issued by the US Treasury, all ARPA funds must be obligated by December 31, 2024. The information below will clarify the amended definition of "obligation" and several related issues.

WEBINAR & SLIDE DECK: Countdown to the ARPA SLFRF Obligation Deadline: What Local Governments Need to Know Before December 31, 2024 

Obligate it or Lose it! Preparing for the Upcoming ARPA SLFRF Obligation Deadline

WEBINAR: U.S. Department of the Treasury: State and Local Fiscal Recovery Funds: New Obligation FAQs

WEBINAR QUESTIONS AND SLFRF FAQ REFERENCES
The updated obligation-related FAQs are found in the new Section 17: https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf

  • What is an obligation? Please refer to Section 17 of the SLFRF FAQs for the latest information on the obligation requirement and how to meet the obligation deadline of December 31, 2024.
  • Do subrecipients have an obligation deadline? No. Refer to FAQ 17.18.
  • Are revenue loss funds automatically obligated? No. Refer to FAQ 17.15.
  • Questions about personnel costs in 2025 and 2026: Refer to FAQs 17.6, 17.7, and 17.9.
  • Questions about flexibilities for contracts after the obligation deadline: Refer to FAQs 17.16, 17.17, and FAQ 17.19.
  • What if I have questions about legal and administrative costs after the obligation deadline? For more information on these expenses, refer to FAQs 17.10, 17.11, 17.12, and 17.13.
  • What if my community has already obligated all of our SLFRF funds?  Please see FAQ 17.3 and 17.14.  Remember that all SLFRF recipients are required to continue to submit reports to Treasury as outlined in the SLFRF Compliance and Reporting Guidance.
NYCOM WEBINARS

NYCOM WEBINARS


NYCOM PLANNING & ZONING
(Four Separate One-hour Webinars)
 • DEC 3: Understanding Article 78
 • DEC 10: Ethics
 • DEC 17: Parking

REGISTER NOW

Presented by Wade Beltramo, NYCOM General Counsel

Tuesday, November 19th (11:00 a.m. - 12:00 p.m.): The Open Meetings Law
While the requirements of New York’s Open Meetings Law (OML) are fairly straightforward, there are a lot of scenarios that can create confusion. Moreover, the OML’s new videoconference procedures have left quite a few local officials scratching their heads. This webinar will provide a full explanation of the OML’s fundamental requirements. The presentation will also highlight recent OML amendments, including videoconferencing, the public’s right to access records that are scheduled to be discussed at meetings, the definition of “public body,” and the posting of meeting minutes.

Tuesday, December 3rd (11:00 a.m. - 12:00 p.m.): Understanding Article 78: Drafting Decisions That Will Withstand a Legal Challenge
Because decisions of ZBAs and planning boards are frequently challenged in court, ZBA and planning board members should understand the litigation process and the legal standards courts apply when reviewing ZBA and planning board decisions. This webinar will provide an overview of the Article 78 process which governs challenges to ZBA or planning board determinations, highlighting the arbitrary and capricious and substantial evidence standards. The webinar will conclude with a discussion of how to draft determinations that meet the standards for making administrative decisions.

Tuesday, December 10th (11:00 a.m. - 12:00 p.m.): Ethics for ZBA and Planning Board Proceedings
The land use decision-making processes can be highly contentious, with costly projects at stake and peoples’ property rights in play. An issue that constantly arises in proceedings before ZBAs and planning boards are claims of ethical lapses and misconduct. Sometimes charges of a conflict of interest or bias are well-founded, and sometimes such charges are merely attempts to disqualify local officials. The very nature of being a local official, namely having to be a resident of the municipality and in many instances being a property or businesses owner, creates some degree of interest in the applications that come before them. This webinar will address the basics of ethics for ZBAs and planning boards, including prohibited conflicts of interest and bias, ex parte communications, and prejudging applications. The webinar will also cover the steps officials can take to deal with such cases, including requesting ethics opinions from boards of ethics, recusal, having alternate board members, and disclosure.

Tuesday, December 17th (11:00 a.m. - 12:00 p.m.): Parking: How It Impacts Community Development & How to Do It Right
This final webinar in NYCOM’s 2024 planning and zoning webinar series will cover parking. No land use issue is more mundane and yet more controversial than parking. Off-street parking requirements can be found in practically every local zoning code. But Professor Donald Shoup has shattered the myths that have served as the foundation for parking standards for decades, standards that have caused substantial harm to communities across the country. This session will examine case law interpreting parking. In addition, this session will address Professor Shoup’s research and what it means to local zoning codes and ZBAs handling variance requests for parking.

These webinars are open to NYCOM members and non-members, including non-planning board and non-ZBA members. The cost of participating in each webinar is $25 for members and $75 for non-members.

Annual Planning & Zoning Training Requirement: Note that each of these webinars will last 1 hour. If your city or village allows webinars as a valid form of training, individuals who participate in each of the four webinars will satisfy the State’s four-hour annual training requirement for planning board and ZBA members. CLE: In addition, each of these webinars is eligible for one hour of CLE credit in the Area of Professional Practice. Attorneys wishing to obtain CLE credit for participating in these webinars MUST PRE-REGISTER. These CLE courses contain new content for 2024 and are not “repeat” courses for purposes of the NYS CLE Board's “no repeat” rule. In addition, these CLE courses are appropriate for both newly admitted and experienced attorneys and are a permissible format for newly admitted attorneys. For a copy of NYCOM's CLE Financial Hardship Policy, contact Wade Beltramo at (518) 463-1185 or This email address is being protected from spambots. You need JavaScript enabled to view it.This email address is being protected from spambots. You need JavaScript enabled to view it..

 
NYCOM Advocacy Update 11/21/24

NYCOM Advocacy Update 11/21/24

IMPORTANT BILLS STILL AWAITING DELIVERY TO THE GOVERNOR

VIEW UPDATE (added 11-21-24) 

NYMIR WEBINARS

NYMIR WEBINARS

PROTECT YOUR COMMUNITY: SPOTTING HOLIDAY SCAMS & STAYING CYBER SAFE THIS SEASON

 REGISTER | December 4, 2024 (9:00 a.m.)
The holiday season is prime time for cybercriminals, and local governments are not immune from the ripple effects of increased online scams and fraud. This December, our webinar will focus on scams that can impact government employees, constituents, and municipalities as a whole during the holiday season. We’ll explore common fraud schemes, phishing tactics, and best practices to promote cyber hygiene within your organization and community. Join us to learn how to recognize holiday-related cyber threats and safeguard sensitive information amid increased online shopping and digital activity.

AVOIDING STREET & SIDEWALK MAINTENANCE CLAIMS WEBINAR

REGISTER | December 17, 2024 | (9:00 a.m.) 
Maintaining safe passage on streets and sidewalks is one of the most important functions of a public works team. Because of the relationship to these heavily used vehicle and pedestrian corridors which also provide access to infrastructure such as storm drains, water distribution lines and sewer lines, it becomes critical that sound methodology and documentation is employed. In this session we’ll talk about tools and techniques designed to minimize the likelihood of claims succeeding against your village or city through sound inventory and inspection practices, preventive maintenance plans, documentation of practices performed and more.
Presenter: David Bloodgood, V.P., NYMIR Risk Management


 ONE-ON-ONE CONSULTATIONS (ONGOING)

We are excited to kickstart our exclusive One-on-One Consultation service. Elisabeth Dubois, NYMIR’s Cybersecurity Risk Specialist will reach out to you in advance of your renewal, typically 2-3 months prior, to schedule a personalized meeting. During this consultation, you'll have the opportunity to:

  • Navigate Cyber Applications: We will guide you through the cyber application process, ensuring all necessary information is accurately completed for a smooth renewal.
  • Address Recommendations: If you have received cybersecurity recommendations, we will be on hand to clarify any questions and assist in implementing these essential enhancements.

Click HERE for a description of Cyber Security Service FREE to our NYMIR Cyber Members

 
NYCOM 2025 Legislative Priorities

NYCOM 2025 Legislative Priorities


The development of our Legislative Program occurs each fall at NYCOM's Virtual Legislative Priorities Meeting when city and village members discuss and prioritize legislative issues for the ensuing legislative session. Following a discussion of specific policy issues, the members in attendance vote on the top priorities for the upcoming year.

2025 LEGISLATIVE PRIORITIES

FINANCE
1. Maintain and Increase State Aid to Cities and Villages
2. Provide Dedicated Funding for Local Water and Sewer Infrastructure
3. Increase Highway Funding
4. Remove the Tax Cap’s Disincentives for Economic Growth

GOVERNMENT OPERATIONS AND COMMUNITY DEVELOPMENT
1. Enhance Tools to Address Vacant, Distressed, and Abandoned Property
2. Create Financial Incentives to Revitalize Properties
3. Strengthen Tools for Downtown Revitalization
4. Limit the Application and Cost of the Prevailing Wage Mandate

ENERGY, ENVIRONMENT AND TECHNOLOGY
1. Provide Lead Service Line Replacement Assistance
2. Provide Assistance for Electric Vehicle Fleets
3. Address Water Contamination and Source Water Protection

EMPLOYEE RELATIONS AND PUBLIC SAFETY
1. Support Workforce Recruitment and Retention Initiatives
2. Establish General Ambulance Service as an Essential Service and Support State Funding for EMS Providers
3. Allow Public Safety Considerations in Bail Determinations

TAKING THE BENCH FALL 2024 CERTIFICATION COURSE

TAKING THE BENCH FALL 2024 CERTIFICATION COURSE

The Taking the Bench program will be held at the Third Judicial District Administrative Office, 2500 Pond View (1st floor Conference Room, Room 110), Castleton-on-Hudson, NY on Monday, December 9th, Tuesday, December 10th, Wednesday, December 11th, Thursday, December 12th and Friday, December 13th, 2024. The program classes are required for non-attorney justices prior to taking the bench, but we certainly welcome and encourage new attorney judges to attend as well.

View Details Here.  Registration must be done online and the information regarding same is contained in the attached. Registration is open and will close on Friday, December 6, 2024 at 12:00 pm. 

To register for the in-person Fall 2024 Taking the Bench Certification Program on or after November 6, 2024, the newly elected/appointed justice must register through the following link: https://fm-web-22.nycourts.gov/fmi/webd/TVREGISTRATION.

The “account name” is ‘court’ and the “password” is ‘court’. If you have any questions, please contact the Office of Justice Court Support at 1-800-232-0630 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

PROPOSED UPDATE TO OSHA FIRE BRIGADE STANDARD

PROPOSED UPDATE TO OSHA FIRE BRIGADE STANDARD

UNFUNDED MANDATE & LIABILITY EXPOSURE

The Federal Occupational Safety and Health Administration (OSHA) has proposed significant changes to the OSHA Fire Brigade Standard (1910.156). If approved in its current form, the rule will impact all fire departments (volunteer, combination, and paid) across New York and the country.

The 608-page document outlining the proposed changes would incorporate costly health and safety standard mandates and expose municipal fire departments to litigation and costly settlements. It could also cripple already fiscally strapped departments and further negatively impact the recruitment and retention efforts of struggling volunteer fire departments. NYCOM fully supports measures that will protect first responder safety. However, there needs to be a balanced approach that takes into consideration the realities of each department.


As a result of the over 4,000 comments that were submitted to OSHA during the public comment period (NYCOM’s joint letter can be found here), OSHA has scheduled an informal public hearing on the proposed rule beginning on November 12, 2024. 

Additional information about the proposed rulemaking can be found here.

The OSHA Emergency Response Standard Proposed Rule Can Be Found Here: Emergency Response Standard; Proposed Rule | Occupational Safety and Health Administration (osha.gov)
U.S. Department of Labor Information: Emergency Response Rulemaking | Occupational Safety and Health Administration (osha.gov)
Information Webinar By OSHA Training Institute: Webinar: Emergency Response Rule
Federal Register – Submit A Comment: Federal Register :: Emergency Response Standard