Bill S4297-2011

Authorizes a town board to establish a hamlet district to provide village services in a village that dissolves itself

Authorizes a town board to establish a hamlet district to provide village services in a village that dissolves itself.

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  • Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
  • Mar 28, 2011: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S4297

TITLE OF BILL: An act to amend the town law, in relation to the establishment and operation of a hamlet district to continue to provide village services upon the dissolution of a village

PURPOSE OR GENERAL IDEA OF BILL: The goal of this bill is to allow villages to dissolve but allow for continued services to a resulting Hamlet without resorting to the creation of other districts, such as water or fire districts, within the Town. This gives village residents a level of safety and comfort when confronting a decision on whether or not to dissolve a village.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 - Creates section 203-a to the Town Law. Subsection 1 empowers the town board to create a hamlet district to continue to provide residents of a dissolved village with services. Subsection 2 assigns the obligations accrued in relation to the provision of services to the town. Subsection 3 assigns the hamlet district the duties and functions of the dissolved village and charges the services to the taxable property within the boundaries of the dissolved village. Subsection 4 addresses the phasing period and the composition of the governing body of the hamlet district. In the first year, the mayor and two trustees of the dissolved village and two trustees of the town board shall govern the new specified district. The second year two trustees of the village, two town board members and the town supervisor shall govern. Thereafter the town board shall govern the hamlet district. The purpose of this section is to transfer the operation and management of village services gradually from village officials and former village officials that have knowledge about the provision of former village services to the town officials.

JUSTIFICATION: Allowing for the creation of a Hamlet District to continue necessary services once provided by a now-dissolved Village is a cost saving measure. This Bill creates a mechanism so that villages may more easily be dissolved without the residents of such former village experiencing a gap or lack in necessary services. The citizens of a hamlet and town at large should not have to endure an expensive and time consuming process to create districts for services once provided by a village. This Bill is designed to address the concerns of citizens regarding uninterrupted necessary services while facing a vote on whether to dissolve a village. A level of comfort concerning services provided by a village will encourage a responsible vote by the residents.

Another goal is to encourage smaller villages to dissolve and then transfer the provision of services to one special district governed

by the town board, the net effect of which is to lower the cost of such services. A hamlet district would assume the village role in providing services as a singular entity as opposed to creating numerous services districts such as fire, water, sewer, police protection, and so forth to replace the former village municipal services. An existing town board is able to provide for a comprehensive list of municipal functions without the necessity and expense of having village officers such as secretaries, clerk, board of trustees, planning board, or assessors. However, a phasing period may be necessary to ensure continued, reliable service and thus this Bill allows for former Village Trustees and the mayor to maintain a presence in the governing body for two years and impart their specialized local knowledge as it phases over to total town board control in the third year.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: This Bill is designed to save money.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4297 2011-2012 Regular Sessions IN SENATE March 28, 2011 ___________
Introduced by Sens. CARLUCCI, KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the town law, in relation to the establishment and oper- ation of a hamlet district to continue to provide village services upon the dissolution of a village THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The town law is amended by adding a new section 203-a to read as follows: S 203-A. HAMLET DISTRICT. 1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, THE TOWN BOARD OF THE TOWN IN WHICH A VILLAGE DISSOLVES ITSELF PURSUANT TO TITLE THREE OF ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW, MAY ELECT TO ESTABLISH A HAMLET DISTRICT TO PROVIDE ALL SERVICES TO THE RESIDENTS OF THE DISSOLVED VILLAGE, PRIOR TO THE DISSOLUTION, PURSUANT TO ARTICLES EIGHT, TEN, ELEVEN, TWELVE, THIR- TEEN, FOURTEEN, FIFTEEN AND TWENTY-TWO OF THE VILLAGE LAW. 2. ALL DEBTS, LIABILITIES AND OBLIGATIONS RELATING TO THE SERVICES FORMERLY PROVIDED BY THE DISSOLVED VILLAGE SHALL BE ASSUMED BY THE TOWN PURSUANT TO SECTION SEVEN HUNDRED NINETY OF THE GENERAL MUNICIPAL LAW. 3. UPON THE ESTABLISHMENT OF A HAMLET DISTRICT, SUCH DISTRICT SHALL ASSUME THE DUTIES AND FUNCTIONS OF THE DISSOLVED VILLAGE AND CONTINUE TO PROVIDE THE SERVICES THERETOFORE PROVIDED BY SUCH VILLAGE. THE COST OF SUCH SERVICES SHALL BE A CHARGE UPON THE TAXABLE PROPERTY WITHIN THE DISSOLVED VILLAGE. 4. DURING THE FIRST YEAR OF THE ESTABLISHMENT OF THE HAMLET DISTRICT, SUCH DISTRICT SHALL BE GOVERNED BY A BOARD CONSISTING OF THE MAYOR AND TWO TRUSTEES OF THE DISSOLVED VILLAGE, AND TWO MEMBERS OF THE TOWN BOARD OF THE TOWN. DURING THE SECOND YEAR AFTER THE ESTABLISHMENT OF THE HAMLET DISTRICT, SUCH DISTRICT SHALL BE GOVERNED BY A BOARD CONSISTING OF TWO TRUSTEES OF THE DISSOLVED VILLAGE, AND THE SUPERVISOR AND TWO TOWN BOARD MEMBERS OF THE TOWN. THEREAFTER THE HAMLET DISTRICT SHALL BE GOVERNED BY THE TOWN BOARD. S 2. This act shall take effect immediately.

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