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

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Presentation on theme: "The Village Dissolution Process Hempstead, New York August 2, 2011 Wade Beltramo N.Y.S. Conference of Mayors General Counsel"— Presentation transcript:

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

2 The Village Dissolution Process Downsville Amchir Prattsburg Fort Covington – 1975 Pelham North Pelham Friendship Rosendale Savannah Elizabethtown Bloomingdale Pine Hill Woodhull Pine Valley Union La Fargeville Marlboro Eastwood Newfield Pleasant Valley Sound Avenue Belleville Northville Jamaica Square Henderson Old Forge North Bangor Forestport Village of the Landing Village Dissolutions Westport Ticonderoga Fillmore Schenevus Mooers Andes Pike Limestone Perrysburgh Randolph East Randolph Seneca Falls Altmar Edwards

3 The Village Dissolution Process Villages Currently or Recently Studying Dissolution Lake George SchuylervilleMedinaWaddington Port Henry CandorWindsorAlbionEllenvilleCobbleskilLewistonPotsdam Cherry Valley MacedonSpeculatorWellsvilleCorinthDansville North Collins Allegany Johnson City AldenCamilusVictory

4 The Village Dissolution Process 1.Villages Are Not Merely Multipurpose Taxing Districts 2.Village Are Not a Third Layer of Government 3.Villages Are New York’s Form of Incorporated Cities NYCOM’s Position

5 The Village Dissolution Process 4.Residents Should Have the Ability to Petition to Create & Dissolve Villages 5.Village Boards Should Have the Ability to Initiate Dissolution 6.Neither For Nor Against Dissolving Any Particular Village NYCOM’s Position

6 The Village Dissolution Process Went Into Effect March 21, 2010 General Municipal Law Article 17-A

7 The Village Dissolution Process Petitions Filed Under the New General Municipal Law Article 17-A Village of Waddington Petition Determined to Be Invalid - May 2010 Village of Brockport Dissolution Voted Down - June 15, 2010 Village of Williamsville Dissolution Voted Down - August 17, 2010 Village of Sloan Dissolution Voted Down - August 17, 2010 Village of Lakewood Dissolution Voted Down - August 25, 2010 Village of Farnham Dissolution Voted Down - Sept 28, 2010 Village of Cuba Dissolution Voted Down - Sept 28, 2010 Village of Macedon Dissolution Voted Down - October 12, 2010 Village of Altmar Dissolution Approved - November 10, 2010 Village of Odessa Dissolution Voted Down - December 7, 2010 Village of Whitesboro Dissolution Voted Down - January 4, 2011 Village of Camillus Petition Received - July 18, 2011

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10 The Village Dissolution Process Towns of Homer & Scott Voted Against Consolidation – November 2011 Recent Town Consolidation Activity

11 The Village Dissolution Process  Aid for Consolidation and Efficiency Improvements The Budget Contains $79 Million Consolidate & Efficiencies Budget

12 The Village Dissolution Process  Aid for Consolidation and Efficiency Improvements 1.$35 Million for Citizen Empowerment Tax Credits & Citizens Reorganization Empowerment Grants 2.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 Budget

13 The Village Dissolution Process  Aid for Consolidation and Efficiency Improvements 3.Citizen Empowerment Tax Credits – For the Town of Hempstead will be $300,000 plus $700,000 in Tax Credits to the Residents/Property Owners 4.Citizen Empowerment Tax Credits – Capped at $1,000,000 for the Town of Hempstead  Not Guaranteed in the Future! Budget

14 The Village Dissolution Process  Aid for Consolidation and Efficiency Improvements 5.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 Budget

15 The Village Dissolution Process  Aid for Consolidation and Efficiency Improvements 6.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.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 Budget

16 The Village Dissolution Process  Aid for Consolidation and Efficiency Improvements 7.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.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 Budget

17 The Village Dissolution Process 1.The Services Villages Provide Varies From Village to Village 2.The Services Towns Provide Varies From Town to Town 3.Different Economic & Demographic Characteristics Each Village Dissolution Is Unique & Must be Considered on a Case-By-Case Basis

18 The Village Dissolution Process 1.Efficiencies - Economies of Scale 2.Discontinuing Services 3.Restructuring Services 4.Elimination of Elected Officials 5.Increased Aid from the State 6.Village Residents No Longer Paying Town Taxes for Services They Do Not Receive Dissolution Studies – Sources of Cost/Tax Savings

19 The Village Dissolution Process Is a Town Issue! Village Dissolution 1.Town Determines How Services Are Going to Be Provided Should the Village Dissolve 2.How New York State Law Imposes Town Tax Determines Tax Savings for Village Residents

20 The Village Dissolution Process The Town Budget Four Parts  General Fund A.Town-Wide B.Town Outside of Village  Highway A.Town-Wide B.Town Outside of Village

21 The Village Dissolution Process  Key Provisions 1.Consolidation Part a.Governing Board Initiated b.Electorate Initiated 2.Dissolution Part a.Governing Board Initiated b.Electorate Initiated 3.County Initiation General Municipal Law Article 17-A

22 The Village Dissolution Process  Consolidation  Not Likely to Occur Because of Systemic Obstacles a.Requires Coordination of Multiple Interest Groups b.Leveling Up – Unless Efficiencies Achieved Are Sufficient, Someone’s Taxes Are Likely to Increase General Municipal Law Article 17-A

23 The Village Dissolution Process  Dissolution Termination of the Existence of a Local Government Entity  Towns Are Excluded  What About Districts?  Not Practical  Used Only to Dissolve Villages General Municipal Law Article 17-A

24 The Village Dissolution Process  Dissolution Methods for Initiating 1.Governing Body Resolution, Subject to a Referendum 2.Elector Initiative General Municipal Law Article 17-A

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

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

28 The Village Dissolution Process  Elector Initiated Dissolution B.Referendum i.If Petition is Filed, Trustees Enact Resolution Calling for Referendum ii.Held 60 to 90 Days from Resolution  Vote Likely to be Uninformed & Consequently Very Divisive iii.If it Fails, No Dissolution for 4 Years iv.If it Passes, Then Must Develop Dissolution Plan General Municipal Law Article 17-A

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

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31 The Village Dissolution Process  Elector Initiated Dissolution C.Developing Dissolution Plan General Municipal Law Article 17-A a)Name of Village to be Dissolved; b)Village’s Territorial Boundaries; c)Type &/or Class of the Village; d)Fiscal Estimate of Dissolution Cost; e)Any Plan for Transferring or Eliminating Positions of Public Employees; f)Village’s Assets, Including Real & Personal Property, & Its Fair Value; g)Village’s Liabilities & Indebtedness, Bonded & Otherwise, & Its Fair Value; 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 the Village’s Dissolution; j)Terms for Disposing of Village’s Assets & Liabilities & Indebtedness, Including Levying & Collecting of Taxes & Assessments Necessary to Pay Off Any Liability or Indebtedness; k)Whether Any of the Village’s Local Laws, Will Remain In Effect After Dissolution’s, GML § 789 provides for 2 years, - Town May Amend/Repeal at Any Time; l)Dissolution’s Effective Date; m)Time & Place or Places for a Public Hearing(s) on the Proposed Dissolution Plan Pursuant to GML § 784; & n)Any Other Matter Desirable or Necessary to Carry Out the Dissolution. d) Any Plan for Transferring or Eliminating Positions of Public Employees 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 the Village’s Dissolution; j) Terms for Disposing of Village’s Assets & Liabilities & Indebtedness, Including Levying & Collecting of Taxes & Assessments Necessary to Pay Off Any Liability or Indebtedness;

32 The Village Dissolution Process  Elector Initiated Dissolution C.Plan Goes Into Effect, Even if Democratically Elected Board Recommends Against It, Unless i.Petition Is Filed No Later Than 45 Days After Dissolution Plan Is Approved General Municipal Law Article 17-A

33 The Village Dissolution Process  Elector Initiated Dissolution C.Plan Goes Into Effect, Even if Democratically Elected Board Recommends Against It, Unless ii.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 General Municipal Law Article 17-A

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35 The Village Dissolution Process Main Issue Affecting Cost Savings Service Continuity 1.Town-Wide Function; 2.Continued but Limited to & Financed by Area Less Than the Entire Town (District); or 3.Terminated as a Governmental Activity

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

37 The Village Dissolution Process Main Issue Affecting Cost Savings Service Continuity GarbageDistrict Scenario A Street Lighting Town-Wide Special District Street Lighting Discontinue Scenario A3 Scenario A2 Scenario A1 TOWN-WIDE Highway Maintenance Justice Court Elected Officials Some Administration Sidewalk Scenarios

38 The Village Dissolution Process 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

39 The Village Dissolution Process  Continuation/Discontinuance of Services  Disposition of Village Property  Village Debt Obligations Dissolution Issues

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

41 The Village Dissolution Process 1.Efficiencies - Economies of Scale 2.Discontinuing Services 3.Restructuring Services 4.Elimination of Elected Officials 5.Increased Aid from the State 6.Village Residents No Longer Paying Town Taxes for Services They Do Not Receive Dissolution Studies – Sources of Cost/Tax Savings

42 The Village Dissolution Process  NYCOM’s Recommended Changes to the Act – A.1274/S Mandatory Referendum on Dissolution and Consolidation Plans 2.Clarify Petition Signature Process 3.Lengthen Time Frames for Conducting Study 4.Prevent Duplication of Governing Body Initiated & Electorate Initiated Proceedings General Municipal Law Article 17-A

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

44 The Village Dissolution Process  NYCOM’s Recommended Changes to the Act – A.1274/S Require Vote to be Held at Normally Scheduled Election 7.For County Initiated Consolidation or Dissolution, Require Majority Vote in Each Local Government Separately for Any Activity General Municipal Law Article 17-A


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