Why Inter-Municipal Cooperation?
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1 : Working Together to Save Money & Provide Better Service Regional Leadership Conference Corning Community College April 2, 2014 Presented by Wade Beltramo NYCOM General Counsel Why? 1
2 General Municipal Law Article 17-A Went Into Effect March 21, 2010 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 Downsville Amchir Prattsburg Fort Covington Pelham North Pelham Friendship Rosendale Savannah Elizabethtown Bloomingdale Pine Hill Woodhull Pine Valley Westport Ticonderoga Fillmore Schenevus Mooers Andes Pike Limestone Perrysburgh Randolph East Randolph Seneca Falls Altmar Edwards Lyons Keeseville Bridgewater
3 Villages Currently or Recently Studying Dissolution Lake George Schuylerville Medina Waddington Port Henry Candor Windsor Albion Ellenville Cobleskill Lewiston Potsdam Cherry Valley Macedon Speculator Wellsville Corinth Dansville North Collins Allegany Johnson City Alden Camilus Victory Dansville Forestville Horseheads Medina Petitions Filed Under the New General Municipal Law Article 17-A Village of Waddington Village of Brockport Village of Williamsville Village of Sloan Village of Lakewood Village of Farnham Village of Cuba Village of Macedon Village of Altmar Village of Odessa Village of Whitesboro Petition Determined to be Invalid - May 2010 Dissolution Voted Down - June 15, 2010 Dissolution Voted Down - August 17, 2010 Dissolution Voted Down - August 17, 2010 Dissolution Voted Down - August 25, 2010 Dissolution Voted Down - Sept 28, 2010 Dissolution Voted Down - Sept 28, 2010 Dissolution Voted Down - October 12, 2010 Dissolution Approved - November 10, 2010 Dissolution Voted Down - December 7, 2010 Dissolution Voted Down- January 4,
4 Petitions Filed Under the New General Municipal Law Article 17-A Village of Camillus Village of Potsdam Village of Altmar Village of Leicester Village of Corinth Village of Chaumont Village of Malone Village of Lyons Village of Keeseville Village of Painted Post Village of Middleburgh Dissolution Voted Down - November 8, 2011 Dissolution Voted Down - November 8, 2011 Dissolution Approved - December 6, 2011 Dissolution Voted Down - December 20, 2011 Dissolution Voted Down - January 17, 2012 Dissolution Voted Down - November 6, 2012 Dissolution Voted Down - November 6, 2012 Dissolution Approved - November 6, 2012 Dissolution Approved - January 22, 2013 Dissolution Voted Down - January 24, 2013 Dissolution Voted Down - February 19, 2013 Petitions Filed Under the New General Municipal Law Article 17-A Village of Victory Village of Champlain Village of Richfield Springs Village of Lyons Village of Bridgewater Dissolution Voted Down - March 19, 2013 Dissolution Voted Down - March 19, 2013 Dissolution Voted Down - October 15, 2013 Dissolution Approved - March 18, 2014 Dissolution Voted Down - March 18,
5 Government Reorganization Act Stated Reasons for the Act 1. There are 10,521 overlapping government units, providing duplicative services creating needless, wasteful bureaucracies New York State Budget Tax Freeze 5
6 Tax Freeze In Order for Taxpayers to be Eligible for the Rebate Checks In Year One (Which for Local Governments Will be Your Fiscal Year Beginning In 2015), a Municipality a) Will Have to Comply With the Tax Cap & b) Cannot Have a Local Law That Would Allow for an Override of the Cap Tax Freeze In Year Two, the Municipality Will Have to Comply With the Tax Cap (With No Local Override Law In Place) and Have a State- Approved Government Efficiency Plan 6
7 Tax Freeze Criteria for the Plan: a) Local Governments May Include Shared Services, Agreements, Mergers, and/or Efficiencies; b) State Can Consider Initiatives and Agreements That Are Already In Place; Tax Freeze Criteria for the Plan: c) Local Governments Are Not Required to be Part of a County-Wide Plan; d) Savings Targets Associated With the Plan Are 1% Per Year for Three Years; e) Circuit Breaker Is Eliminated for Those Outside of New York City So Local Tax Cap Compliance Will Not be Required After the Second Year of the Freeze 7
8 Rural v. Urban/Suburban Village of Lake George 985 Residents 1,615.3/sq mi 0.6 sq miles Town of Lake George 3,578 Residents 118.3/sq mi 32.7 sq miles Rural v. Urban/Suburban Village of North Collins 1,079 Residents 1,347/sq mi 0.8 sq miles Town 3,376 Residents 207.2/sq mi 43 sq miles 8
9 The Services Villages Provide Varies From Village to Village The Services Towns Provide Varies From Town to Town Different Economic & Demographic Characteristics Any Thing a Municipality Can Do by Itself, It Can Do With Another Municipality General Municipal Law Article 5-G5 Many Municipalities Are Already Sharing Services 9
10 - Why Share Services? Economies of Scale Convenience Utilizing Unequal Distribution of Resources & Surplus Facilities Eliminate Duplicate Services Transition to Full Consolidation - Why Share Services? Better Service Lower Cost 10
11 Handshake Deals v. Written Agreements - Two General Types of Shared Services Service Agreements Joint Agreements 11
12 - Two General Types of Shared Services Service Agreements One Municipality Agrees to Provide a Service to Another Municipality at a Stated Price - Two General Types of Shared Services Joint Agreement Municipalities Agree to Perform a Function Together 12
13 - Service Agreement Considerations 1) Nature of Agreement (Identifying Governments Involved & Describing Type of Service(s) ) to Be Performed); 2) Scope of Service (Setting Forth Performance Standards & Limitations on Service); 3) Service Charges (Establishing Amount, Times & Manner Payments); - Service Agreement Considerations 4) Each Party s s Duty to Defend & Indemnify; 5) Term of IMA; 6) Method of Amending IMA; and 7) Circumstances Under Which The IMA May Be Terminated. 13
14 - Joint Agreement Considerations 1) Nature & Composition of Joint Agreement s s Governing Body, If Any; 2) Which Municipalities Are to Provide Personnel & Process for Supervising & Disciplining Employees; 3) Financial Considerations (Including Method for Equitably Apportioning Costs & Revenues); and - Joint Agreement Considerations 4) Property Considerations (i.e., Is Property to be Acquired & Held Jointly or by Only One Municipality). 14
15 IMAs Must Be Approved by Majority Vote of Governing Body of Each Municipality That is a Party to the Agreement Public Hearing Required? Referendum Required? SEQRA? Other Agency Approval? Co-Terminous Town-Village Town & Village Share Exact Same Boundary & Function as a Single Unit of Government Why? Village is Located in More than One Town 15
16 Municipal Annexation General Municipal Law Article 17 Alteration of the Boundaries of a County, City, Town or Village Which has the Effect of Adding Territory to It Municipal Annexation Petition of Residents in Territory to be Annexed Approval of Both Municipal Boards Vote of Residents in Territory to be Annexed 16
17 Municipal Annexation Why? Village/City Is Currently Providing Services Outside Of Its Boundaries Village/City Could Provide Services to Properties Outside Its Boundaries More Efficiently Than an Existing District 17
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