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The Village Dissolution Process Hempstead, New York August 2, 2011 Wade Beltramo

The Village Dissolution Process Hempstead, New York August 2, 2011 Wade Beltramo N.Y.S. Conference of Mayors General Counsel wade@nycom.org. Village Dissolutions. Union - 1921 La Fargeville -1922 Marlboro - 1922 Eastwood - 1926 Newfield - 1926 Pleasant Valley - 1926

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The Village Dissolution Process Hempstead, New York August 2, 2011 Wade Beltramo

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  1. The Village Dissolution Process Hempstead, New York August 2, 2011 Wade Beltramo N.Y.S. Conference of Mayors General Counsel wade@nycom.org

  2. Village Dissolutions Union - 1921 La Fargeville -1922 Marlboro - 1922 Eastwood - 1926 Newfield - 1926 Pleasant Valley - 1926 Sound Avenue - 1927 Belleville - 1930 Northville - 1930 Jamaica Square - 1931 Henderson - 1933 Old Forge - 1936 North Bangor - 1939 Forestport - 1940 Village of the Landing - 1940 Downsville - 1950 Amchir - 1968 Prattsburg - 1972 Fort Covington – 1975 Pelham - 1975 North Pelham - 1975 Friendship - 1977 Rosendale - 1977 Savannah - 1979 Elizabethtown - 1980 Bloomingdale - 1985 Pine Hill - 1986 Woodhull - 1986 Pine Valley - 1991 Westport - 1992 Ticonderoga - 1993 Fillmore - 1994 Schenevus - 1994 Mooers - 1995 Andes - 2003 Pike - 2009 Limestone - 2010 Perrysburgh - 2011 Randolph - 2011 East Randolph - 2011 Seneca Falls - 2011 Altmar - 2011 Edwards - 2012

  3. Villages Currently orRecently Studying Dissolution Lake George Schuylerville Medina Waddington Port Henry Candor Windsor Albion Ellenville Cobbleskil Lewiston Potsdam Cherry Valley Macedon Speculator Wellsville Corinth Dansville North Collins Allegany Johnson City Alden Camilus Victory

  4. NYCOM’s Position Villages Are Not Merely Multipurpose Taxing Districts Village Are Not a Third Layer of Government Villages Are New York’s Form of Incorporated Cities

  5. NYCOM’s Position Residents Should Have the Ability to Petition to Create & Dissolve Villages Village Boards Should Have the Ability to Initiate Dissolution Neither For Nor Against Dissolving Any Particular Village

  6. General Municipal Law Article 17-A Went Into EffectMarch 21, 2010

  7. Petitions Filed Under the New General Municipal Law Article 17-A

  8. Recent Town Consolidation Activity Towns of Homer & Scott Voted Against Consolidation – November 2011

  9. 2011-2012 Budget • Aid for Consolidation and Efficiency Improvements The 2011-12 Budget Contains $79 Million Consolidate & Efficiencies

  10. 2011-2012 Budget • Aid for Consolidation and Efficiency Improvements • $35 Million for Citizen Empowerment Tax Credits & Citizens Reorganization Empowerment Grants • Citizen Empowerment Tax Credits – a Bonus Equal to 15% of the Resulting Local Government’s Tax Levy. At Least 70% of Bonus Must Be Used for Direct Relief to Property Taxpayers.

  11. 2011-2012 Budget • Aid for Consolidation and Efficiency Improvements • Citizen Empowerment Tax Credits – For the Town of Hempstead will be $300,000 plus $700,000 in Tax Credits to the Residents/Property Owners • Citizen Empowerment Tax Credits –Capped at $1,000,000 for the Town of Hempstead  Not Guaranteed in the Future!

  12. 2011-2012 Budget • Aid for Consolidation and Efficiency Improvements • Citizens Reorganization Empowerment Grants – Funding Will Be Available for Grants Up to $100,000 for Local Governments to Cover Costs Associated With Studies, Plans & Implementation Efforts Related to Local Government Reorganization Activities.

  13. 2011-2012 Budget • Aid for Consolidation and Efficiency Improvements • The Remaining $44 Million Will Be Allocated As Follows: • Local Government Performance & Efficiency Program – $40 Million Will Be Available for Competitive One-Time Awards of Up to $25 Per Capita, Capped At $5 Million for Efficiencies And Performance Improvements.

  14. 2011-2012 Budget • Aid for Consolidation and Efficiency Improvements • The Remaining $44 Million Will Be Allocated As Follows: • Local Government Efficiency Grants – Funding of $4 Million Will Continue to Cover Costs Associated With Local Government Efficiency Projects, Such As Planning for and/or Implementing Consolidation, Shared Services. $200,000 Per Muni/ $1 Million Total.

  15. Each Village Dissolution Is Unique & Must be Considered on a Case-By-Case Basis The Services Villages Provide Varies From Village to Village The Services Towns Provide Varies From Town to Town Different Economic & Demographic Characteristics

  16. Dissolution Studies – Sources of Cost/Tax Savings Efficiencies - Economies of Scale Discontinuing Services Restructuring Services Elimination of Elected Officials Increased Aid from the State Village Residents No Longer Paying Town Taxes for Services They Do Not Receive

  17. Village Dissolution Is a Town Issue! • How New York State Law Imposes Town Tax Determines Tax Savings for Village Residents • Town Determines How Services Are Going to Be Provided Should the Village Dissolve

  18. The Town Budget Four Parts • General Fund • Town-Wide • Town Outside of Village • Highway • Town-Wide • Town Outside of Village

  19. General Municipal Law Article 17-A • Key Provisions • Consolidation Part • Governing Board Initiated • Electorate Initiated • Dissolution Part • Governing Board Initiated • Electorate Initiated • County Initiation

  20. General Municipal Law Article 17-A • Consolidation • Not Likely to Occur Because of Systemic Obstacles • Requires Coordination of Multiple Interest Groups • Leveling Up – Unless Efficiencies Achieved Are Sufficient, Someone’s Taxes Are Likely to Increase

  21. General Municipal Law Article 17-A • DissolutionTermination of the Existence of a Local Government Entity • Towns Are Excluded • What About Districts? Not Practical • Used Only to Dissolve Villages

  22. General Municipal Law Article 17-A • DissolutionMethods for Initiating • Governing Body Resolution, Subject to a Referendum • Elector Initiative

  23. General Municipal Law Article 17-A • Elector Initiated Dissolution • Petition • 10 % of Electors In the Village to be Dissolved or 5,000 Signatures, Whichever Is Less • Village of Hempstead Registered Voters – 26,053 • 2,605 Signatures Required to Initiate Process

  24. General Municipal Law Article 17-A • Elector Initiated Dissolution • Petition • Issues During Circulating a Petition • “It Is Just to Study Dissolution” • “You Are Going to Save Everything You Are Paying In Village Taxes” • “The Town Will Provide All of the Services the Village is Providing Now”

  25. General Municipal Law Article 17-A • Elector Initiated Dissolution • Referendum • If Petition is Filed, Trustees Enact Resolution Calling for Referendum • Held 60 to 90 Days from Resolution Vote Likely to be Uninformed & Consequently Very Divisive • If it Fails, No Dissolution for 4 Years • If it Passes, Then Must Develop Dissolution Plan

  26. General Municipal Law Article 17-A • Elector Initiated Dissolution • Developing Dissolution Plan • Board Must Meet within 30 Days of Vote Approving Dissolution • 180 Days to Prepare a Plan Time Period is Impractical • Study Committee & Consultant Not Referenced in the Act, but Generally Necessary

  27. General Municipal Law Article 17-A • Elector Initiated Dissolution • Developing Dissolution Plan j) Terms for Disposing of Village’s Assets & Liabilities & Indebtedness, Including Levying & Collecting of Taxes & Assessments Necessary to Pay Off Any Liability or Indebtedness; h) Any Agreements Entered Into With the Town(s) in Which the Village is Situated In Order to Carry Out the Dissolution; i) Manner & Means Municipal Services Will Continue to be Provided Following theVillage’s Dissolution; d) Any Plan for Transferring or Eliminating Positions of Public Employees

  28. General Municipal Law Article 17-A • Elector Initiated Dissolution • Plan Goes Into Effect, Even if Democratically Elected Board Recommends Against It,Unless • Petition Is Filed No Later Than 45 Days After Dissolution Plan Is Approved

  29. General Municipal Law Article 17-A • Elector Initiated Dissolution • Plan Goes Into Effect, Even if Democratically Elected Board Recommends Against It,Unless • Petition Must Contain Signatures of at Least 25 % or 15,000 of Village’s Electors, Whichever Is Less This is a HUGE hurdle Dissolution by Default

  30. Main Issue Affecting Cost Savings Service Continuity • Town-Wide Function; • Continued but Limited to & Financed by Area Less Than the Entire Town (District); or • Terminated as a Governmental Activity

  31. Main Issue Affecting Cost Savings Service Continuity Scenario A Scenario B Garbage Collection Town-Wide Garbage Collection Town Special District Covering Existing Village Boundaries Scenario C Garbage Collection Discontinue Refuse Collection, Residents Have to Contract with Private Hauler TOWN-WIDE Highway Maintenance Justice Court Elected Officials Some Administration

  32. Main Issue Affecting Cost Savings Service Continuity Scenario A Garbage District Scenario A2 Scenario A1 Street Lighting Special District Street Lighting Town-Wide Sidewalk Scenarios Sidewalk Scenarios Scenario A3 Street Lighting Discontinue TOWN-WIDE Highway Maintenance Justice Court Elected Officials Some Administration Sidewalk Scenarios

  33. Main Issue Affecting Cost Savings Potential Scenarios Garbage District Lighting Town-Wide Sidewalks Town-Wide Sidewalks District Sidewalks Eliminated Garbage District Lighting District Sidewalks Town-Wide Sidewalks District Sidewalks Eliminated Garbage District Lighting Eliminated Sidewalks Town-Wide Sidewalks District Sidewalks Eliminated

  34. Dissolution Issues • Continuation/Discontinuance of Services • Disposition of Village Property • Village Debt Obligations

  35. April 5th June 10th October 8th May 11th September 8th May 20th May 1st August 8th

  36. Dissolution Studies – Sources of Cost/Tax Savings Efficiencies - Economies of Scale Discontinuing Services Restructuring Services Elimination of Elected Officials Increased Aid from the State Village Residents No Longer Paying Town Taxes for Services They Do Not Receive

  37. General Municipal Law Article 17-A • NYCOM’s Recommended Changes to the Act – A.1274/S.1824 • Mandatory Referendum on Dissolution and Consolidation Plans • Clarify Petition Signature Process • Lengthen Time Frames for Conducting Study • Prevent Duplication of Governing Body Initiated & Electorate Initiated Proceedings

  38. General Municipal Law Article 17-A • NYCOM’s Recommended Changes to the Act – A.1274/S.1824 • Have Study Committee Study Dissolution, Develop Plan, & Recommend for or Against Dissolution

  39. General Municipal Law Article 17-A • NYCOM’s Recommended Changes to the Act – A.1274/S.1824 • Require Vote to be Held at Normally Scheduled Election • For County Initiated Consolidation or Dissolution, Require Majority Vote in Each Local Government Separately for Any Activity

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