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HomeMy WebLinkAboutTown City ConsolidationPaper08_Rev20 I Report of the Joint City/Town Study Group 2 on 3 Shared Services and Consolidation 4 5 6 7 8 Village 9 10 11 12 13 14 city 15 16 17 18 19 20 21 22 Town 23 24 25 26 27 28 29 30 November 3, 2008 31 32 Diane V. Bruns 33 Lois E. Chaplin 34 Paul R. Eberts 35 Nathan Fawcett 36 Ellen McCollister 37 Tom Niederkorn (Chair) 38 Peter C. Stein 39 Stuart W. Stein 40 Mary Tomlan 41 Draft 18 For Internal Use Only 42 JOINT CITY-TOWN STUDY GROUP 43 44 Dear Mayor Peterson and Supervisor Engman: 45 46 We are pleased to submit the results of the Joint City/Town Study Group on the issue of 47 possible shared municipal services and/or consolidation of the City and Town of Ithaca. It 48 has been an interesting and educational experience working on this challenging 49 assignment. 50 51 From our discussions with city and town personnel responsible for the operation of eight 52 major governmental functions we were encouraged to hear that 1.)there are already 53 examples of successful contractual agreements as well as informal practices to 54 collaborate in the provision of services and equipment; 2.)there are undoubtedly 55 opportunities to increase the current level of sharing and to formalize responsibility for 56 some inter-municipal operations and 3.)there are other opportunities to be explored, and 57 possible efficiencies to be gained, by continued review of staff activities in an attempt to 58 reduce duplication and thereby achieve a higher level of service. Although more analysis 59 is necessary it appears that, in some cases, the increased operational efficiency might also 60 result in a lower level of cost. 61 62 We encourage the legislative bodies in both municipalities to continue to pursue this 63 important sharing/consolidation issue. You should support and possibly reward future 64 staff efforts and activities that might result in greater operational efficiency and 65 effectiveness as well as less duplication of effort and,possibly, less cost including further 66 analysis of the benefits and impediments to full municipal consolidation. 67 68 A positive attitude is vital to such efforts. The public as well as municipal staff members 69 need to know, by actions as well as words, how you and the members of your 70 governments feel about this very important issue. 71 72 Thank you for the opportunity to participate in this far-reaching effort. 73 74 Members of the Joint City/Town Study Group 75 76 Diane V. Bruns 77 Lois E. Chaplin 78 Paul R. Eberts 79 Nathan Fawcett 80 Ellen McCollister 81 Tom Niederkorn 82 Peter C. Stein 83 Stuart W. Stein 84 Mary Tomlan 85 Note: Randy Haus, Wendy Skinner and Constance V. Thompson were also nominated for 86 the committee but were unable to participate. 87 2 Draft 18 For Internal Use Only 88 Table of Contents 89 90 L Introduction 4 91 A. The Joint City/Town Study Group 4 92 B Overview of Study Group Activities 4 93 II. A Brief History of the Political Geography of Tompkins County: 5 94 III Possible Future Courses of Action 6 95 A. Allow Cooperation/Consolidation to Evolve on a Case-by-Case Basis 6 96 B. Consolidation of Services As Directed by Legislative Bodies. 7 97 C Full Consolidation of the City and Town of Ithaca 7 98 IV. Consolidation of Individual Services 8 99 A. Fire Protection 9 100 B. Code Enforcement 10 101 C. Planning 11 102 D. Public Safety 14 103 E. Public Works 14 104 F. Records Management 17 105 G. Recreation 17 106 V. Full Consolidation of the Town and City of Ithaca 18 107 A. Commonly Expressed Arguments For and Against Consolidation 19 108 B. An Analysis of the Major Perceived Benefits and Barriers 19 109 1. The Effect of Consolidation on Property Tax Rates 20 110 a. The "Status Quo" Assumption. 20 111 b. Sales Tax Distribution under Consolidation 21 112 c. Savings due to Increased Efficiency 22 113 d. Increase in Per Capita State Aid 22 114 e. The Issue of Debt 23 115 2. Identity Politics in the City, Village and Town 24 116 3. Moral and Ethical Considerations 25 117 4. Non-monetary Costs and Benefits 26 118 a. Merging Three Workforces into One 26 119 b. Increased Services for the Town 27 120 c The Contribution of Each Municipality to the 121 Other's Quality of Life 27 122 d. The Future Politics of Greater Ithaca 27 123 VI. Other Approaches to a More Unified Local Government 30 124 A. The Role of County Government 30 125 B. Other Consolidation Avenues 31 126 VII. Recommended Next Steps 31 127 VIII. A Vision of the Future 32 128 Appendix 1. Past Cooperation and Consolidation Efforts 34 129 Appendix 2 NY State Reports on Shared Services and Consolidation 36 130 Appendix 3 Legal Aspects of Consolidation 39 131 Appendix 4 2005 Town, City and Village Budgets 41 132 Appendix 5 Resolutions Establishing the Joint Study Group 46 133 134 3 Draft 18 For Internal Use Only 135 L Introduction 136 137 A. The Joint City/Town Study Group 138 In May 2006 a resolution to set up a"Joint Study Group"to investigate possible 139 shared services and/or municipal consolidation opportunities between the City of Ithaca 140 and the Town of Ithaca was co-written by members of the City and Town governing 141 bodies and passed by both (see Appendix 5). These 2006 resolutions were the outgrowth 142 of an earlier facilitated meeting of elected officials of Tompkins County and the City and 143 Town of Ithaca held in December 2005. The purpose of this facilitated meeting was to 144 allow elected representatives an opportunity to discuss the positive and negative aspects 145 of shared services in, and possible consolidation of, the Ithaca communities. Pursuant to 146 the 2006 resolutions passed by both City and Town a Joint Study Group was established. 147 148 The Joint Study Group (JSG) first met on December 1, 2006. At that meeting, 149 members discussed and agreed on several specific issues related to its purpose and 150 function as well as the scope of its study. Issues agreed upon included: 151 152 • REPORT: The JSG intends to produce a report for the City and Town of Ithaca, 153 and interested members of the Ithaca community, that is relevant and usable as a 154 guide to potential merging or sharing of services. The JSG sees its primary goal as 155 politically neutral fact finding. 156 157 • DEFINITIONS: Within the context of the JSG's work"consolidation" implies a 158 merging of two or more levels of government. "Shared services" are publicly 159 funded community services that are or could be combined or extended to serve the 160 population of more than one municipality. City, Town and Village refer to the 161 City of Ithaca, the Town of Ithaca, and the Village of Cayuga Heights, and Greater 162 Ithaca refers to a new, consolidated municipality comprised of the City, Town and 163 Village. 164 165 • FOCUS: The JSG agreed to explore and report on consolidation of governments 166 but acknowledged that, because this issue is highly politically and emotionally 167 charged, most of the group's effort will focus on the more feasible potential of 168 shared services. 169 170 • HISTORY AND BACKGROUND: The JSG will oversee compilation of 171 documents that trace the history of similar studies and discussions since the 172 1950's, as well as documents and reports that detail existing shared services or 173 government consolidations. (See Appendix 1) 174 175 • RESOURCES: The JSG agreed that fully meeting the charge that has been given 176 is dependent on provision of adequate support services. (It should be noted that 177 study efforts were restricted by the absence of staff assistance to record meetings, 178 assemble basic data and historical efforts, assist in report preparation and similar 179 duties.) 180 4 Draft 18 For Internal Use Only 181 B. Overview of Study Group activities. 182 183 Monthly meetings of the JSG were held during 2007 and much of 2008. In 184 addition to reviewing some past local efforts on the issue of consolidation and/or sharing 185 services, the JSG also investigated state legislation and a number of related state staff 186 reports on this issue as well as similar efforts of other communities in the Ithaca 187 region.(See Appendix 2) Using 2005 budget data for the Town, City and Village (See 188 Appendix 5), the JSG made various analyses of the effects of consolidation on property 189 taxes of residents. 190 191 At many of these meetings the detailed functions and operational responsibilities 192 presented by representatives from specific City and Town departments were reviewed. 193 Department heads and major staff members from both the City and Town jointly 194 presented a summary of duties and responsibilities and also responded to JSG questions 195 and comments. Early in 2007, the then mayor of Cayuga Heights declined the JSG's 196 informal invitation to have Village staff participate in the JSG's reviews. 197 198 Responsibilities,programs, organizational structure, operational concerns and 199 suggestions were presented and discussed. Areas and functions about which information 200 was presented were, in order of presentation, Fire Services, Human Resources, Finance, 201 Planning, Parks and Recreation, Records Management and Archives, Code Enforcement 202 and Public Works. 203 204 During the various group discussions there was nothing said to the JSG to indicate 205 strong resistance to the idea of closer City-Town operational alliances. There are already 206 opportunities for sharing services, equipment and information that have been 207 implemented by some departments. Several participants felt the concepts and specifics of 208 additional sharing could be examined. 209 210 IL A Brief History of the Political Geography of Tompkins County: 211 212 Tompkins County came into being in 1817, was significantly expanded in 1822, 213 and then slightly contracted to its current borders in 1854. Within those borders, the 214 county was divided into predominantly agricultural or unsettled towns of roughly equal 215 size. The central town, Ithaca, was set off from Ulysses on March 16, 1821, and the 216 Village of Ithaca incorporated the following April 2. Local government was the province 217 of the towns and the Village of Ithaca. County-wide functions, in particular the court 218 system, were administered collectively by the supervisors of the county's towns. Apart 219 from a few very minor changes, the names and outer borders of the county's nine towns 220 (Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Lansing, Newfield, and Ulysses)were 221 the same in 1854 as they are in 2007. Within those decades, and within the Town of 222 Ithaca, the City of Ithaca has expanded its borders to the east and the north. 223 224 As time went on, as other areas in the County became more densely settled and 225 developed commercial activities, their residents apparently decided that their increasing 226 development gave rise to needs that were not being satisfactorily addressed by town 5 Draft 18 For Internal Use Only 227 governments, and incorporated themselves as villages. Between 1857 and 1887, Dryden, 228 Groton, Trumansburg and Freeville were incorporated as villages. The Village of 229 Lansing, a part of the Town of Lansing, was incorporated in 1974. 230 231 In 1888, the Legislature granted a charter to the Village of Ithaca, allowing it to 232 incorporate as a City. This was seen at the time as a major event by area residents, and 233 was greeted with speeches,parades, band concerts, and fireworks, culminating in a 29 234 gun salute. 235 236 The formation, expansion and services of the Village of Cayuga Heights, a part of 237 the Town of Ithaca, is particularly relevant to this study. Cayuga Heights is the only 238 incorporated village in the Town and offers services parallel to those now available in the 239 City and Town of Ithaca. Cayuga Heights voted to incorporate as a village in 1915 with 240 an area of 0.44 square miles and a population of 137. In 1954, in response to the desire 241 of a growing suburban population for suburban amenities,principally water, sewers and 242 sidewalks, that the Town could not supply, it quadrupled its area. In another referendum 243 in the same year, the Village rejected a proposal to be annexed by the City. In 2008, 244 Cayuga Heights is a highly developed suburban community with a small commercial 245 center and almost no land available for development. Furthermore, increased 246 development in the Town has brought water and sewer service to the areas adjacent to the 247 Village of Cayuga Heights, reducing the reasons that originally motivated the split 248 between the Village and the Town. At present, a strong allegiance to local identity and a 249 perception that the Village is more responsive to local service needs persists. 250 251 Three simple metrics and a single picture summarize many of the arguments for 252 and against consolidation. The populations of the City, Town and Village are 29,300, 253 18,200 (including the Village) and 3,300 respectively, their median family incomes are 254 $42,000, $68,000 and $123,000 respectively, and their family poverty rates are 13.5%, 255 4.2%, and 1.5%respectively. The map that appears on the title page of this report shows 256 the immutable geography of the southern end of Cayuga Lake in which the three 257 municipalities are situated. 258 259 III Possible Future Courses of Action. 260 261 A. Encourage Departmental Cooperation/Consolidation Efforts on a Case-by-Case Basis 262 263 Several departments in the Town and the City have already established 264 consolidated or cooperative efforts in similar types of services. In some cases, (e.g., in 265 the public works sector) staff, on their own, have found ways to cooperate, share staff and 266 equipment and otherwise work together to save money and provide efficiencies, without 267 direction by elected officials. In other cases (e.g., the Ithaca Area Wastewater Treatment 268 Facility), elected officials cooperated to build a new consolidated facility that was a 269 necessity for both of them. In neither of these above examples was consolidation or 270 cooperation pursued for any reason beyond the economies dictated by the particular 271 situation. In our review, we did not find obvious examples of consolidation/cooperation 272 opportunities that promised to save meaningful amounts of money that have been 6 Draft 18 For Internal Use Only 273 overlooked. Furthermore, we believe that when such opportunities arise in the future, 274 staff members in Town and City departments will be aware of them, and further 275 cooperation actions will occur naturally. 276 277 While such incremental and natural evolution of service delivery is praiseworthy, 278 there are limits to what it can accomplish. It often is the result of decisions made by line 279 and administrative staff who focus only on their own domains. Such individual decision- 280 making by its nature lacks the broader viewpoint that comes from oversight from the 281 elected public officials. There is also the natural tendency for the director of a 282 department to protect his/her own territory, which often directly conflicts with increasing 283 cooperation and consolidation. Under such circumstances, cooperation and consolidation 284 can only come as a result of pressure applied from the top, i.e. from the elected officials, 285 often during times of fiscal stress. 286 287 Given these circumstances, we see no useful role that we, or any outside review 288 study group, can play in further advancing consolidation or cooperation of a natural and 289 incremental nature. 290 291 This approach, however, does not address overarching issues like comprehensive 292 planning and land use, transportation strategies, environmental protection or adjustments 293 to climate change, among others. 294 295 B. Consolidation of Additional Services As Directed by Legislative Bodies. 296 297 This option assumes that there remain opportunities for further consolidation of 298 services that have not already taken place. Where this has not already taken place, 299 external direction or pressure from the elected officials of both the Town and the City 300 could cause the staff of those departments to work more closely together to achieve 301 efficiencies and cost-savings. Individual Town and City departments could be integrated 302 into a single department, or just be required to work more closely together. Interestingly, 303 the committee's interviews of some department heads indicated a clear willingness to 304 engage in further cooperation, and even integrate their departments with those of other 305 municipalities. 306 307 While recognizing that there would be barriers to overcome before full 308 consolidation of additional services could actually take place, the committee sees this 309 option as viable. More detailed study of any specific service area needs to be 310 undertaken. Such questions as labor contracts, ownership of assets, oversight and 311 direction, etc. can be difficult, although not impossible to handle. The functions that are 312 the most likely candidates for consolidation are listed below in alphabetical order. 313 314 Code Enforcement 315 Fire Protection 316 Planning 317 Public Safety 318 Public Works 7 Draft 18 For Internal Use Only 319 Records Management 320 Recreation 321 322 Each of these functions will be discussed in greater length in a subsequent section of this 323 report. 324 325 C. Full Consolidation of the City and the Town of Ithaca. 326 327 The ultimate form of consolidation, of course, is to make the Town and City one 328 governmental entity. Over the years, a number of individuals and groups have made such 329 a recommendation with the general aim of increasing the efficiency of local government. 330 In any review of this kind, the option of consolidation of governments must be addressed. 331 This approach is very attractive to many, but there are many significant barriers to such a 332 move. 333 334 Full consolidation would require a full, wide ranging analysis of many issues, 335 such as legal constraints and the costs and benefits of consolidation. Furthermore there 336 must be extensive debate by the city and town legislative bodies as well as by the 337 residents of both jurisdictions. A preliminary analysis of the legal issues is presented in 338 Appendix 3, and a first look at the costs and benefits is presented in Section VI below. 339 While a full analysis far exceeds our charge and capabilities, we believe that full 340 consolidation merits a serious examination by stakeholders in both jurisdictions. For our 341 part, we will attempt to advance the discussion by systematically examining what we 342 believe are the most often expressed advantages (i.e., benefits) and disadvantages (i.e., 343 costs) of consolidation. 344 345 IV. Consolidation of Individual Services 346 347 There are many examples of local services that are provided by partnerships of 348 independent jurisdictions or institutions. TCAT (Tompkins Consolidated Area Transit) 349 was formed as a partnership of the three existing independent transportation systems of 350 Cornell, the City of Ithaca and Tompkins County. The Southern Cayuga Lake 351 Intermunicipal Water Commission (Bolton Point) is a partnership of three Towns 352 (Dryden, Ithaca and Lansing) and two Villages (Cayuga Heights and Lansing) founded to 353 provide water to the residents of the partnership. The Ithaca Area Wastewater Treatment 354 Plant(IAWWTP) is a partnership of the City and Town of Ithaca and the Town of 355 Dryden for the purpose of treating the sanitary sewage of these municipalities so that it 356 can safely be discharged into Cayuga Lake. 357 358 Each of these partnerships has a different governing structure to apportion both 359 the expenses and the decision-making powers of the enterprise among the partners in 360 what was seen as an equitable fashion. These three enterprises are widely accepted as 361 successful examples of intermunicipal cooperation and as enduring cornerstones of local 362 government. 363 8 Draft 18 For Internal Use Only 364 Given these successes, one might speculate that other specialized-function 365 consolidations will follow in their path. In all three cases, the ultimate benefits of 366 consolidation seem obvious, at least in hindsight. It is hard to fashion an argument that it 367 would have made sense for the Bolton Point or IAWWTP to have built their own parallel 368 water or sewage treatment plants simultaneously, or that it made sense for Tompkins 369 County to have three independent public transportation systems, each with its own routes, 370 equipment and infrastructure. 371 372 On closer analysis, it seems clear that Bolton Point and IAWWTP consolidations 373 are fundamentally different from TCAT. Bolton Point and IAWWTP were both built 374 from scratch, while TCAT combined three existing systems, each with its own 375 equipment, labor unions and routes. While management decisions in all three joint 376 ventures involve both technical and policy questions,policy issues probably play a 377 greater role in TCAT than in Bolton Point and IAWWTP, and governments are probably 378 less inclined to share decision-making power on policy issues than on technical issues. 379 On the other hand, the path to the TCAT consolidation was both driven by demands of 380 regulatory agencies and smoothed by a large influx of federal and state funds. 381 382 It would appear that each case is different, and that there is no generic path to 383 consolidation of services. If one is talking about consolidation of existing organizations, 384 there must be clear demonstrable gains for both sides to compensate for the inevitable 385 loss of control (perceived or real)by one or both parties. Below, we will systematically 386 examine the services we think are the prime candidates for consolidation. 387 388 A. Fire Protection 389 390 The City, Village and Town each have different ways of providing fire protection. 391 The City's fire department(the Ithaca Fire Department) is mostly composed of career 392 firefighters with a small (less than 10% of the total)volunteer component. The Village 393 has a totally volunteer fire department. The Town does not have a fire department of its 394 own; it contracts with both the City and the Village to provide fire protection to its 395 residents. 396 397 In one sense, fire protection services in Greater Ithaca are already consolidated. 398 The Village Fire Department has the responsibility for responding to incidents in the 399 Village and certain parts of the Town, and the Ithaca Fire Department has the 400 responsibility of responding to incidents in the City and the remainder of the Town. 401 However both fire departments provide backup for each other, and may even be first 402 responders for a fire outside of their area of responsibility if the situation demands it. 403 404 However, in other important ways, the fire departments are not consolidated. In 405 the Ithaca Fire Department, volunteers and career firefighters are combined into the same 406 units. The various tasks that firefighters are required to perform require different and 407 skill levels. An area-wide integration of volunteer and career firefighters would make 408 more efficient use of the capabilities of both groups. Furthermore, the relationship 409 between the Town on the one hand, and the City and Village on the other, namely that of 9 Draft 18 For Internal Use Only 410 a customer and a vendor, does not seem appropriate for municipalities providing a 411 consolidated service. While the Town does recommend the appointment of some of the 412 Ithaca Fire Department fire commissioners, the role of the commissioners is more 413 advisory than decision-making. 414 415 Since fire protection for Greater Ithaca is provided by two independent 416 departments with intertwined responsibilities, the three municipalities might wish to 417 establish a new structure for providing fire safety that shares both cost and control among 418 the users in an equitable fashion. It is also possible that in the light of the high priority 419 given to maximally efficient use of all resources, a countywide consolidation of providers 420 of fire safety should be examined. We have found no compelling argument that such a 421 consolidation will significantly reduce total costs, but it may well provide an improved 422 area wide level of fire protection. 423 424 B. Code Enforcement 425 426 The Town of Ithaca and the City of Ithaca must adhere to the New York State 427 Uniform Code for fire and safety. The state law was changed last year to require many 428 more triennial fire inspections. 429 430 The Town of Ithaca building code calls for the code enforcement department to be 431 responsible for zoning and building permits,property inspections,property maintenance, 432 excavation and fill, sign permits, and for storm water code enforcement to be the 433 responsibility of the engineering department.. The Town is responsible for inspecting 434 approximately 4500 dwelling units. 435 436 The City of Ithaca building department abides by the same New York State fire 437 and safety codes as does the Town, and must enforce local laws enacted by the City. It 438 too, is responsible for the above-mentioned functions. In practice, however, there are 439 substantial differences in the work of the Town and City code inspectors due to the 440 differences in populations of the Town and the City. The City is much denser than the 441 Town and the ratio of(mostly student)rental properties to single family homes is far 442 greater. There are approximately 10,000 rental properties in the City, which are supposed 443 to be inspected yearly. In contrast, one or two family homes are inspected every five 444 years. In addition, City code enforcement officers are responsible for inspecting Cornell 445 University fraternities and dormitories. Because there are often substantial code 446 violations at rental properties and fraternities, some properties must be inspected 447 numerous times before compliance is achieved. Thus, the City inspectors face a very 448 field-intensive job. The building permit fees do not cover the costs of compliance and 449 inspection. Finally, the board review structure .(e.g., the Board of Zoning Appeals, the 450 Planning and Development Board, etc.) in the City as outlined in City Charter requires 451 the frequent input of the City's building department, also resulting in more work for staff. 452 453 As far as collaborative or consolidation efforts are concerned, staff of both 454 municipalities agreed that there could be opportunities for jointly sponsored training. 455 However, that is such a small component of their jobs that it would neither save much 10 Draft 18 For Internal Use Only 456 money nor require that the two entities be consolidated. The respective workloads are 457 larger than existing staff resources can cover fully, so consolidation clearly would not 458 save personnel costs. It might, however,produce some marginal management 459 efficiencies. 460 461 However, the primary opportunity for reorganization and consolidation may be in 462 the area of fire inspections. The recently revised New York State code mandates 463 increased fire inspections. It would be better for the Ithaca Fire Department, which must 464 deal with future fires, to do all the fire inspections in the Town and City rather than for 465 the Town and City inspectors to do it independently. The Ithaca Fire Department will 466 then have first hand knowledge of the conditions it will face if it were required to fight a 467 fire in a given structure. 468 469 It is our understanding that as of the time of this writing, the Town and the City 470 are pursuing an arrangement whereby the Town's fire inspections will be carried out by 471 the Ithaca City Fire Department. 472 473 474 C. Planning 475 476 "In New York State municipalities have extensive authority to cooperate with one 477 another to accomplish their land use objectives. Where villages, towns and cities share 478 natural resources, transportation corridors or economic markets they are authorized to 479 enter into intermunicipal agreements to perform together any municipal function they 480 have power to undertake individually." Well Grounded, John R. Nolan, Professor of 481 Law, Pace University School of Law, White Plains, NY, March 1999. 482 483 In terms of fundamental planning tools such as land use character and 484 development controls, it is clear that New York communities have available extensive 485 legal tools to help guide development and regulate the use of land. State laws related to 486 planning and zoning give communities extensive control over the use and development of 487 land within their boundaries. However, the use of these statutes depends, in most cases, 488 on the desire of the communities to develop, enact and use the planning and 489 implementation measures available to them. 490 491 At present there is a full program of planning and zoning activity existing in the 492 greater Ithaca community. Both City and Town have professional planning staffs to 493 create and implement planning and development programs. The Town Planning 494 Department currently consists of 6 to 7 personnel. An operating budget of$344,276 was 495 authorized for 2007. The City of Ithaca Planning Department consists of 12 personnel, 496 which includes four Ithaca Urban Renewal (NRA)personnel. The budget of the City's 497 Planning Department for 2008 is $843,376. In addition, both City and Town make use of 498 consulting services as necessary. Tompkins County also has an extensive planning 499 program and an active professional planning staff. 500 11 Draft 18 For Internal Use Only 501 In addition to the professional staff, both the City and Town have a lay planning 502 board, a zoning board of appeals, a special planning committee comprised of one or more 503 members of the legislative body and one or more lay or legislative-body committees for 504 such issues as housing, conservation and protection of the environment, and similar 505 planning and development-related issues. 506 507 A meeting with planning directors of the City and Town planning departments, 508 and the assistant planning director of the County planning department pointed out that 509 these entities have prepared and enacted a range of planning tools including site plan 510 approval, some form of comprehensive planning including, in the City and Town, 511 detailed and complex subdivision regulations and zoning (land use) controls. The City's 512 comprehensive plan was adopted in 1971 and has been somewhat modified since. The 513 Town plan was adopted in 1993 and has been selectively reviewed several times. Both 514 municipalities are currently in the process of updating their comprehensive plans. 515 Preparation of the existing plans was probably undertaken in the general context of 516 growth issues, future development objectives and control of land use in the broader 517 community. On the other hand, specific attempts to coordinate development concepts, 518 community character and the overall impact of future land use changes beyond municipal 519 boundaries did not play a major role in shaping the adopted Town and City plans. 520 521 The County has only recently become involved in comprehensive planning and 522 has, according to the county planner, focused on those land use issues that transcend of 523 municipal boundaries. The County's plan was adopted in 2004 and is to be reviewed in 524 2009. Cayuga Heights Village has legislative authority to prepare and adopt a 525 comprehensive plan but this has not been undertaken to date. Zoning regulations and site 526 plan review are active components of development in the Village. The Village has no 527 planning staff, and zoning and development permits are coordinated by the Village 528 Engineer/Zoning officer. 529 530 Multi-municipal planning and development issues have been acknowledged in 531 State legislation for cities, towns and villages. Article 5-G of the General Municipal Law 532 establishes statutory authority for communities to "...enter into agreements to undertake 533 comprehensive planning and land use regulation with each other....Furthermore, 534 according to Article 5-G "...any city, town or village may contract with a county to carry 535 out all or a portion of the ministerial functions related to...land use...." The intent of 536 this legislation is to provide the participating governing bodies the opportunity to "... 537 promote intergovernmental cooperation that could result in increased coordination and 538 effectiveness of comprehensive planning and land use regulation, more efficient use of 539 infrastructure and municipal revenues, as well as the enhanced protection of community 540 resources, especially where such resources span municipal boundaries." 541 542 State enabling legislation also empowers cities, towns and villages to create 543 special land use districts which encompass all or a portion of one or more municipalities 544 for the purpose of protecting, enhancing or developing one or more community resources. 545 12 Draft 18 For Internal Use Only 546 Both City and Town planning directors stated their belief that additional 547 opportunity for collaboration or sharing of governmental activities and responsibilities 548 existed. They noted that fire protection and sewage disposal are municipal services that 549 are currently shared between the two municipalities. They also suggested that additional 550 consolidation of the area's public water supply seems like an opportunity and that sharing 551 for parks and recreation could be improved. In their view such efforts to coordinate or 552 share services would likely be short of total consolidation of the two municipalities. 553 Fundamental issues such as the nature and extent of future development and the 554 establishment of future land use goals and objectives were also viewed quite differently 555 by both the planning and legislative functions of each government. In addition, the issues 556 of cost vs. control are factors that increasingly stall or completely derail potential 557 collaboration opportunities at both the planning and legislative levels. 558 559 In the 1990s the State Legislature recognized the increasing importance that 560 planning can play in helping municipalities broadly face development issues when it 561 passed enabling legislation giving municipalities authorization to undertake programs for 562 "...protecting the public health, safety and general welfare of its citizens". (Section 272- 563 [1][b] of the Town Law) Using these tools and strategies in a broader collaborative or 564 consolidated format could be helpful in reducing carbon emissions and environmental 565 degradation at the local level, an increasingly important issue that could be addressed by 566 community planning programs at all levels. 567 568 Since both the City and Town are currently beginning efforts to update their 569 comprehensive plans, and expect this work to take several years, a collaborative effort is 570 clearly a unique opportunity to evaluate development goals and long range land use 571 objectives in a comprehensive way and to seriously consider critical environmental issues 572 and concerns. In our meeting with them, the planning directors acknowledged this 573 opportunity but indicated concerns about how this would be accomplished. A combined 574 planning effort would ultimately require and promote mutual agreement on the important 575 tasks of establishing future land use character and development goals and objectives for 576 the Greater Ithaca Area, i.e. the City and Town, or at least some major portions thereof. 577 Agreement on these and other basic issues would be needed, initially at the planning level 578 and, more importantly, at the legislative level. For this comprehensive master planning to 579 be fully effective, it would also need to include the Village of Cayuga Heights. 580 581 Despite the inherent difficulties, the shared long range planning opportunity 582 available at this particular time appears to be unique. It could,perhaps, be started by a 583 coordinated description and shared analysis of existing conditions and trends in the two 584 Ithaca communities. Included in this discussion would be the critically important 585 planning and development programs of Cornell and Ithaca College. Future activities and 586 development programs at both institutions can be expected to have major and long-lasting 587 impacts on many planning issues in the City and Town. 588 589 Implied in the undertaking of a new comprehensive plan in the City and Town is 590 the complicated issue of zoning and the changes that would most likely be necessary to 591 reflect coordinated planning goals and objectives. To the extent that current economic 13 Draft 18 For Internal Use Only 592 development, zoning and site planning decisions are skewed by existing municipal 593 taxation boundaries, the results become sub optimal for meeting comprehensive master 594 planning objectives. This issue could be even more difficult and contentious than the 595 more general conclusions and proposals of a coordinated comprehensive plan. 596 Nonetheless, to begin implementation of coordinated development and land use goals for 597 the two communities would surely involve a review and possible modification of the 598 underlying laws, tax revenue protocols and implementation procedures. In an era when 599 the need for nations to work together to solve global problems is increasingly being 600 recognized and taken into account, we believe that municipal governments should 601 commit themselves to make a special effort to jointly fashion an area-wide plan for the 602 future. 603 604 D. Public Safety 605 606 Four independent police forces belonging to the City of Ithaca, the Village of 607 Cayuga Heights, Cornell University and Ithaca College provide primary police protection 608 to residents of Greater Ithaca. The Tompkins County Sheriff provides primary police 609 protection for the Town of Ithaca outside of the Village of Cayuga Heights, as part of the 610 Sheriffs responsibility to provide primary police protection for those municipalities that 611 do not have a police force of their own. Generally these independent police organizations 612 have provided backup coverage for each other in emergencies. 613 614 The Sheriff is an independent public official, elected by all of the residents of 615 Tompkins County, and makes his or her own decisions about how to distribute the 616 resources the County grants to support the Sheriffs office. As a result, Town government 617 has limited ability to determine where and what kind of public safety protection will be 618 provided to its residents. 619 620 The general perception of Town residents is that drivers respect speed limits and 621 other traffic and parking regulations more in municipalities that have their own police 622 force than those that rely on the Sheriff and state police for enforcement. Periodically, 623 the Town has talked about instituting its own police force, but was always deterred by the 624 considerable anticipated start up costs. If consolidation of Greater Ithaca were to take 625 place, residents of the current Town would expect to enjoy the same level of police 626 presence as City and Village residents currently have. 627 628 Of course a consolidated police force that could provide such protection would 629 have to be greater than the combined City and Village Police forces, and detailed study 630 would be required to estimate accurately the size of the required increase. To get some 631 idea of what would be required, we consulted individuals familiar with public safety 632 administration. According to several knowledgeable sources we consulted, a level of 633 police presence enough to deter speeding and other moving violations throughout the 634 Town would probably require approximately two additional two-shift road patrols. 635 636 E. Public Works 637 14 Draft 18 For Internal Use Only 638 Public Works staff from the Town and the City met with the committee in 639 October 2007 to outline the basic responsibilities assumed by their respective 640 departments, and to comment on areas where there might be opportunities for additional 641 cooperation and/or consolidation. 642 643 The Town's Public Works Department includes highways,parks, trails, water and 644 sewer operations, storm water management, buildings and grounds, and some 645 engineering. The City's Board of Public Works advises the City public works 646 department, which is organized into three main divisions: water and sewer, streets and 647 facilities (including a large function for urban forestry) and engineering. In the Town, 648 there are approximately 28 staff dealing with these functions; in the City, 168. Both 649 departments are unionized, and and represented by different unions. In area, the town is 650 responsible for about 50 miles of roadway. The City is responsible for about 70 miles of 651 streets and their sidewalks,plus 33 bridges. Responsibility for the 28 bridges in the 652 Town rests with the County. 653 654 Thus, functionally, the Town and the City public works departments are expected 655 to serve their taxpayers in similar ways in providing for and maintaining infrastructure. 656 Historically, the departments have evolved to duplicate most functions, although there are 657 individual differences in methods of management and in equipment inventory. With the 658 Town encircling the City geographically, and roads not stopping at an artificial Town- 659 City boundary, it is an archaic model that results in two municipalities functioning 660 independently vis-a-vis their public works duties. This seemed evident both to the 661 committee and to staff. In theory, many of the functions could at a minimum be 662 coordinated, and in many cases consolidated. As always, the devil would be in the 663 details. Moreover,public works is another example where there is the ever-present trade- 664 off between increased efficiency and economies of scale and reduced autonomy by the 665 individual municipality. Many taxpayers prefer small, local, minimal government and 666 are averse to what they see as subsidizing infrastructure outside their borders. But with a 667 trend toward regionalism, and borders becoming increasingly an historical artifact,public 668 works is an area that seems prime for review of specific services that could be 669 consolidated or jointly operated,perhaps along the lines of the Tompkins Consolidated 670 Area Transit(TCAT) model. It was interesting that the City superintendent observed that 671 New York State has 3500 municipal public works departments while Massachusetts 672 functions with 1800. 673 674 In the absence of sweeping consolidation, the committee suggests looking closely 675 at the functional areas described below to see where further cooperation or consolidation 676 could occur. In some cases, significant cost-savings due to economies of scale could be 677 achieved in such areas as water or sewer facilities, or snow removal_ In other cases there 678 might not be initial cost savings, but planning and coordination on an area wide basis 679 would be better for all (e.g., location and maintenance of sewer and water lines that 680 reflect desired regional growth patterns.) It is noted that some of the best suggestions for 681 consolidation opportunities might come from the "bottom up", such as having a contest 682 that would enable staff from the various departments to suggest trial models that would 15 Draft 18 For Internal Use Only 683 best serve taxpayers. The other mechanism for change would require the respective 684 Town-City boards or councils to approve any change, based on constituency input. 685 686 Equipment and trucks: There are economies of scale in purchasing decisions. The 687 Town and City would have the same peak use problems, for instance, during heavy snow 688 and rainstorms, but often idle equipment inventory could be shared. The committee was 689 told that there are already informal agreements in place whereby municipalities come to 690 each other's aid on a case-by-case basis when one municipality's truck or equipment 691 breaks down or other unusual situations arise. In addition, there is already coordination 692 between the two departments regarding snowplow routes. 693 694 • Water source: The current discussions on water source-- Bolton Point vs. Six Mile 695 Creek-- are complicated from environmental,political and financial standpoints. But if 696 the water issue is looked at as an opportunity for consolidation and uniformity of water 697 quality and supply, there are opportunities for consolidation and economies of scale 698 possible. Failure to think of potable water as an area need can lead to sub-optimal 699 technical decisions, such as the route that Town water mains follow to serve South Hill. 700 701 • Water and sewer infrastructure: There are some inefficiencies and existing duplication 702 of capital infrastructure regarding water and sewer lines, and water tower locations. With 703 population growth patterns moving throughout the county, a regionalist approach would 704 suggest having these decisions coordinated under a single entity. Such an approach 705 would frame the decision the City must make about its water source as finding the safest 706 and most efficient way to supply the future water needs of the Greater Ithaca area. 707 708 • Roads and Bridges: Municipal responsibility for the construction and maintenance of 709 roads and bridges does not seem to reflect current day realities. Both the City and the 710 Town are participating members in the Ithaca-Tompkins County Transportation Council 711 (the federally-designated Metropolitan Planning Organization (MPO)), which is the 712 conduit for federal and state transportation infrastructure funds. When a road or bridge is 713 first built or undergoes major repairs under this program, the costs are borne 714 predominately by the state and federal governments. Committee members noted, that, 715 absent project funding through the MPO, the City is responsible for the entire cost of 716 building, replacing and maintaining its bridges. However, the County pays for much of 717 the cost of replacement of Town bridges having a span of twenty-five feet or more, 718 usually with a split of approximately County 80%, Town 20%. Following construction or 719 rebuilding, the maintenance costs for Town bridges is shared with the County, with the 720 County responsible for maintenance of the structure, and the Town responsible for 721 maintenance of the floor or wearing surface of the bridge (according to a County 722 resolution in 1946). Designation of the MPO in the `90s brought additional infrastructure 723 funding into the area and has been instrumental in developing a rational system for 724 allocating scarce resources. It may be time to consider consolidating the responsibility for 725 road and bridge improvements under a single authority. Such an approach would conform 726 to the basic fact that while traffic problems may have definite geographic locations, the 727 causes and effects of these problems are shared by the residents of a much broader area. 728 16 Draft 18 For Internal Use Only 729 • Storm Water Management: This is a real opportunity for further collaboration and 730 consolidation,particularly because storm water management is a new mandate from the 731 Department of Environmental Conservation (DEC.), that requires all communities to 732 develop new parallel regulation and enforcement capabilities. 733 734 • Transit: The local public transit system has been consolidated via Tompkins 735 Consolidated Area Transit(TCAT). TCAT represents the joining of Ithaca Transit(City), 736 TomTran (County) and Cornell Transit into one unified system providing service 737 throughout Tompkins County and adjoining areas in Schuyler and Tioga Counties. 738 Because TCAT's scope is regional, it has the advantage of having the broader picture in 739 mind when making decisions about routes and service areas. TCAT is not a municipal 740 function even though it provides a public service; it is organized as a not-for-profit 741 corporation reporting to a board of directors. New members of the board are nominated 742 by the City, the County and Cornell University, and confirmed by the TCAT board. 743 Funding of its operational deficit each year is shared equally among these three partners. 744 In addition, Cornell provides significant additional support through its pass programs for 745 staff and students. 746 747 F. Records Management 748 The County, the City and each municipality are required by the state to store vital 749 records of many kinds. In addition, there are other records that, while not required to be 750 kept, nevertheless are historically important. Some municipalities may currently be 751 handling record keeping well, while others are hard-pressed to find the appropriate space 752 and personnel to manage these important records. The main issue is with the storage of 753 relatively inactive records. Many departments keep active records close-by as they often 754 need them in doing their work on a regular basis. 755 756 This issue was brought to the committee by several County staff members: the 757 County Clerk, the County Historian and staff of County Personnel and Administration. 758 They emphasized the current need, and certainly a growing future need, to address the 759 growing burden of record storage by all levels of municipalities in the County. 760 761 In the presentation, it was pointed out that this burden represented both a 762 challenge and an opportunity. The County, City and Town could work together to create 763 a centralized records center that could serve not only these three governmental entities, 764 but also other municipalities that may have the need for such a facility. Combining 765 efforts to create a records center for the entire county to house vital public records and 766 historic documents could be more efficient and less costly than if each municipality 767 attempted to address the problem on it own. It was noted, however, that discussions with 768 all of the County's municipalities, including the Town and the City of Ithaca, about 769 records storage needs have not been held. Therefore, it is not clear whether there will be 770 buy-in from everyone to this concept. 771 772 It was pointed out, also, that a New York State program currently exists that could 773 provide what could be substantial financial assistance for its creation and management. 774 The County and several municipalities already have tapped into that fund for grants. 17 Draft 18 For Internal Use Only 775 776 While a records center may not be seen by many as a major service when 777 compared to other critical public services, it is required and is necessary, and will have to 778 be established eventually. This appears to be an opportunity to achieve municipal 779 efficiency. It was suggested that the City-Town committee, working with the County, 780 could assist in moving forward with such a project. In fact, it was learned by the 781 committee that the County currently has taken the first steps to locate and fund such a 782 facility and have it built,probably in the Town of Ithaca. The tentative timetable for 783 construction of such a records building is 2010, which suggests that a timely response to 784 this opportunity is called for. 785 786 G. Recreation 787 788 Until the mid 1990's,public recreational facilities and programming in Greater 789 Ithaca were provided by the State and the City of Ithaca. The State Parks System 790 provides local Greater Ithaca residents ready, convenient access to three major State 791 Parks offering a choice of swimming, camping, hiking, and picnicking opportunities and 792 spectacular view sheds. The City provided local residents access to its lakeside centrally 793 located Stewart Park with picnicking facilities,playgrounds, a carousel and a pavilion 794 available for group functions, Cass Park with its seasonal swimming pool/skating rink, 795 ball fields,pavilion and marina, as well as other parks and facilities. In addition, the 796 Ithaca Youth Bureau has provided extensive recreational programming based principally 797 at the City's recreational facilities for more than half a century. 798 799 Before the 1980's, the City gave area residents equal access to its recreational 800 programs irrespective of their home address. In response to budget pressures, the City 801 instituted a system in the mid 1980's whereby local municipalities could opt to make a 802 designated financial contribution to the City and become "an affiliate", in which case a 803 resident of that municipality could use City recreational facilities and programs on a par 804 with City residents. Several municipalities, including the Town of Ithaca, became 805 "affiliated" with the City in this way. The Town has continued to make regular payments 806 to the City in one form or another to compensate the City for its provision of recreational 807 facilities and activities used by Town residents. 808 809 In recent years, the Recreation Partnership, a joint venture of the City, the County 810 and most of the county's Towns, was formed to provide resources for youth oriented 811 recreational programming for county residents. The funds raised by the Recreation 812 Partnership were largely paid to the City, which provided the programming requested by 813 the Partnership. In addition to its contributions to the Recreation Partnership, the Town 814 has made annual contributions of approximately $100,000 to the City to reimburse the 815 City for the use that Town residents make of the Cass Park facilities in ways other than 816 the programming of the Recreational Partnership. 817 818 In 1997, the Town adopted its Park, Recreation Open Spaces Plaon and embarked 819 on a program to expand the number of parks within its boundaries. It has opened a 820 variety of parks of various kinds, from Tutelo Park, with a regulation baseball field and a 18 Draft 18 For Internal Use Only 821 pavilion, to undeveloped neighborhood parks offering an opportunity to walk quietly in a 822 natural setting. 823 824 Recreation in the Town and City is a function that is particularly well suited to 825 cooperative or consolidated efforts of the two municipalities, as residents freely cross 826 municipal boundaries in using parks. However, the obstacles to making it a joint venture 827 are the usual considerations that arise in such issues, namely the degree to which the 828 share of control and benefit to each municipality equals or exceeds its financial 829 contribution. Insistence on a strict cost/benefit accounting can sometimes conflict with 830 win-win arrangements. 831 832 V. Full Consolidation of the City and Town of Ithaca 833 834 Initially, the members of the study group held a wide range of views regarding 835 full consolidation. Some believed that a full study of the issues might well demonstrate 836 that consolidation was possible, desirable and practical, and could in fact lead to that 837 result. Others believed the advantages of consolidation would not be found to be 838 compelling enough to justify following a path that was sure to be long and difficult. 839 840 Despite these differences of opinion, the study group agreed that it was 841 worthwhile to record the results of our analysis, in the hopes that such a record would 842 clarify and delineate the issues that must be examined by whoever wishes to realistically 843 pursue consolidation. As indicated in Section VIII - Recommended Next Steps below, a 844 broader consensus among study group members to recommend pursuing consolidation 845 developed during the course of deliberations, with full recognition of the difficulties 846 involved. 847 848 During the course of our deliberations, individual members of the study group 849 talked with each other about what we thought about consolidation of the City and the 850 Town, what we had heard from friends and acquaintances, and what we believed were the 851 prevailing attitudes amongst citizens. We then assembled a list of core arguments for and 852 against consolidation. We certainly cannot pretend that the list is in any way a scientific 853 survey of the attitudes of citizens of the City and the Town. We present it only as our 854 best guess at what a public opinion survey would reveal, and as a starting point for an 855 analysis of the key issues that lie at the center of any consolidation debate. 856 857 We will start by presenting the key arguments for and against consolidation, then 858 reduce them into four distinct categories, and finally analyze them as best we can. 859 860 861 A. Commonly Expressed Arguments For and Against Full Consolidation 862 863 Arguments For 864 1 Increased efficiency should lower property taxes in the long run 865 2 Residents already self-identify as "Ithacans", not Town or City residents 866 3 Social responsibilities would be shared more fairly 19 Draft 18 For Internal Use Only 867 4 Town residents would benefit from increased services 868 5 The quality of life for Town and Village residents is strongly affected by the 869 health of, and services provided by, downtown Ithaca 870 6 Integrated planning will improve responses to challenging issues (e.g., 871 transportation congestion, climate change, environmental stewardship) 872 873 Arguments Against 874 1 Would result in substantial increases in property taxes for Town residents 875 2 The Town would lose its identity 876 3 The disparate cultures of the Town and City preclude a harmonious union 877 4 Cayuga Heights would never agree to consolidation 878 5 The welfare of Town residents would not be adequately addressed in a joint 879 government 880 6 A merger would create grave problems for the staff 881 7 The effort required is not justified by the potential gain 882 8 In a larger municipality, there will be a loss of control over local service quality 883 and delivery 884 885 Argument 1 in each of the two lists presents the two sides of the same question, 886 namely how would total costs of government and property taxes change if the two 887 municipalities were to consolidate. Argument 2 in the "For" list, and arguments 2 , 3, 4 888 and 8 in the "Against" list all pertain to the identity politics issue for the 47,500 residents 889 of the City and Town. Argument 3 on the "For" list is a moral issue for Town residents. 890 Arguments 4, 5 and 6 in the "For" list and arguments 5 and 6 in the "Against" list are 891 costs and benefits for Town residents that cannot be given a monetary value. Argument 7 892 in the "Against" list is not really an argument. It is simply a prediction of what the 893 conclusion of a full cost-benefit analysis of consolidation will be. 894 895 We will organize our analysis of the issues raised in the consolidation debate 896 along the following four dimensions. 897 898 The effect of consolidation on property tax rates 899 Identity politics in the City, Village and Town 900 Moral and ethical considerations 901 Non-monetary costs and benefits 902 903 B. An Analysis of the Major Perceived Benefits and Barriers 904 905 1. The Effect of Consolidation on Property Tax Rates 906 The first question that most residents pose is straightforward enough, namely; "If 907 the City, Town and Village were to consolidate, how much would my property tax bill 908 change?" Unfortunately, the question is easier to pose than it is to answer. The answer 909 depends strongly on a series of subsidiary questions, such as whether the services 910 delivered to residents would change, whether a consolidated government would be more 911 or less efficient than the current governments independently and whether(and how much) 20 Draft 18 For Internal Use Only 912 the sources of public income other than property tax would change and how outstanding 913 debt service payments will be handled. 914 915 In order to make a first estimate of the impact of consolidation on real estate tax 916 bills of City, Town and Village residents, we will assume that the expenditures and 917 revenues of the combined municipality (Greater Ithaca)will be the sum of the current 918 expenditures and revenues of the three separate municipalities. Following that, we will 919 examine the effects on the tax bills of a few modifications to that assumption that we 920 think are reasonable possible projections. The estimates are based on data for the year 921 2005 supplied by the financial officers of the three municipalities (See Appendix 4). 922 From the point of view of a 2009 reader, the data must be taken as illustrative. However, 923 percentage changes in tax rates attributable to consolidation probably have not changed 924 significantly. The data will be presented as the City/Town/Village property tax bill on a 925 $200,000 residence. 926 927 a. The "Status Quo" Assumption. 928 To make this calculation, we assume that every resident in Greater Ithaca will pay 929 the same local tax rate, and that the revenue raised by this tax will equal the sum of the 930 revenues that the City, Town and Village raised from the property tax in 2005. The 931 results are shown in Table 1. In addition, the current City/Town/Village property tax 932 bills, the school and county tax bill, the total property tax and the percentage changes in 933 property tax due to consolidation for each of the three municipalities are shown. 934 935 Table 1 936 Property Tax on a$200,000 Home 937 Status Quo Assumption 938 City Town Village Current City/Town/Village $2,640 $1,052 $1,528 Greater Ithaca $1,831 $1,831 $1,831 School + County Tax $5,028 $5,028 $5,028 Total City/Town/Village Tax $7,668 $61080 $6,556 Total Greater Ithaca Tax $6,859 $6,859 $6,859 Percent Tax Increase -10.6% 12.8% 4.6% 939 940 We think it is likely that under this scenario, the substantial increase in 941 Town/Village taxes and decrease in City taxes would overshadow all other 942 considerations, and the consolidation would be seen simply as a subsidy of City taxpayers 943 by Town/Village taxpayers. Were this to be the common perception, consolidation 944 would have virtually no chance of becoming a reality. 945 946 b. The Effect of Consolidation on Sales Tax Distribution 947 Sales taxes revenues generated within Tompkins County are divided among New 948 York State, Tompkins County and local governments. The local government share of 949 sales taxes generated within the City goes to the City. The local government share of 950 sales taxes generated outside of the City is divided between the local governments (other 951 than the City)based on their population, irrespective of the jurisdiction in which they are 21 Draft 18 For Internal Use Only 952 generated. The County Legislature bears the responsibility of determining how the sales 953 tax revenue is divided between the County and the municipalities. 954 955 Since only a modest number of retail stores are located within the boundaries of 956 the Town and Village, most of the Town and Village's sales tax revenue is generated by 957 sales that take place in the other towns and villages in Tompkins County. Therefore, if 958 the Town, City and Village were to consolidate into the City of Greater Ithaca, and the 959 formula for dividing the sales tax revenue were not changed(i.e., the sales tax revenue 960 actually generated in Greater Ithaca would be credited to Greater Ithaca), a large fraction 961 of the sales tax revenue currently received by the Town and Village would be credited to 962 Greater Ithaca. We estimate that of the Town and Village's current combined sales tax 963 annual revenue of$3.2 million would be reduced to $800,000. The resulting change in 964 real estate tax on a$200,000 home is shown in Table 11. 965 966 Table 2 967 Property Tax on a$200,000 Home 968 Status Quo with Sales Tax Sharing Determined by the Existing Algorithm 969 City Town Village Current City/Town/Village $2,640 $1,052 $1,528 Greater Ithaca $2,043 $2,043 $2,043 School + County Tax $5,028 $5,028 $5,028 Total City/Town/Village Tax $7,668 $6,080 $6,556 Total Greater Ithaca Tax $7,071 $7,071 $7,071 Percent Tax Increase -7.8% 16.3% 7.9% 970 971 Of course, the County Legislature could certainly decide to allow the Town and 972 Village to take their sales tax with them when they consolidated with the City. In that 973 case, Table 1 would apply. This is a concrete example of how decisions made by higher 974 bodies regarding the allocation of local tax revenue can lead to sub-optimal local land 975 use,planning and transportation strategies. 976 977 c. Savings Due to Increased Efficiency 978 The Study Group talked with the department heads of the major departments in 979 the Town and City. Both municipalities have many of the same departments, including 980 public works,planning, recreation, and budget and finances. While the services these 981 departments perform are in many cases identical, they are not duplicative, since they 982 provide these services to a different group of customers. Some, and possibly the 983 majority, of the savings that might be realized from consolidation, such as the sharing of 984 specialized capital equipment, have already been accomplished by informal agreements 985 between parallel departments in these two municipalities. 986 987 However, it is possible that savings could be achieved by eliminating one of the 988 department heads when two parallel departments are combined. A very rough quick 989 estimate indicates a maximum annual saving of approximately $800,000, including fringe 990 benefits. Such a saving would translate in to a Greater Ithaca tax rate decrease of only 991 $0.35 per $1000 of assessed value. 22 Draft 18 For Internal Use Only 992 993 d. Increase in Per Capita State Aid 994 Cities in New York currently receive block grants from the State in an amount 995 roughly proportional to their population. If the City, Town and Village were to 996 consolidate, and the grant aid were increased to reflect the increase in population in the 997 transition from the City of Ithaca to the City of Greater Ithaca, the Greater Ithaca tax rate 998 would decrease by $0.59 per$1000 of assessed value. 999 1000 Of course, there is no guarantee that the State would make such an adjustment. 1001 Indeed, currently that grant is capped. Currently, the enacted budget includes funding for 1002 an increase in state aid of 15% of the combined property tax revenue as an incentive for 1003 municipalities that consolidate, with a ceiling of a $1 million increase. That incentive 1004 would continue annually. Adding that increased state aid would decrease the Greater 1005 Ithaca tax rate by $0.45 per $1000 of assessed value. An alternative provision of law, 1006 which apparently is not funded at present,provides for an increase of 25% in the existing 1007 state aid block grant on an ongoing annual basis when municipalities consolidate, again 1008 capped at$1 million. Moreover, the former governor stated his support for consolidation 1009 of municipalities, and it is conceivable that his successor's support could translate into a 1010 proportional increase in the block grant. 1011 1012 Assuming that the County Legislature will allow the three municipalities to keep 1013 their current sales tax revenues when they consolidate, that the efficiency savings 1014 described above will be realized and that the State will agree to increase the block grant 1015 aid proportional to the increase in the population, Table 3 shows the changes to the real 1016 estate tax on a $200,000 home for the city, the town and the village. 1017 1018 Table 3 1019 Property Tax on a$200,000 Home 1020 Status Quo plus Increased Efficiency and State Aid 1021 as Described Above City Town Village Current City/Town/Village $2,640 $1,052 $1,528 Greater Ithaca $1,643 $1,643 $1,643 School + County Tax $5,028 $5,028 $5,028 Total City/Town/Village Tax $7,668 $6,080 $6,556 Total Greater Ithaca Tax $6,671 $6,671 $6,671 Percent Tax Increase -13.0% 9.7% 1.8% 1022 1023 1024 e. The Issue of Debt 1025 A glance at Table 1 shows that the current total property tax on a home in the City 1026 is 150% higher than a comparably priced home in the Town and 75% higher than a 1027 comparably priced home in the Village. Of the many factors that contribute to this 1028 disparity, one deserves special attention. The outstanding debt in the City per dollar of 1029 taxable assessed value is roughly ten times greater than it is in the Town, and eight times 1030 greater than it is in the Village. 23 Draft 18 For Internal Use Only 1031 1032 To estimate the effect of the current debt on property tax in a consolidated Greater 1033 Ithaca, we repeated the "Status Quo" calculation, making the following assumption: that 1034 part of the property tax on a$200,000 home in Greater Ithaca that pays for all expenses 1035 except for debt would be the same for all residents. However, residents in that part of 1036 Greater Ithaca that was originally in the City would pay the debt service on the City debt 1037 until it was paid off. Residents in that part of Greater Ithaca that was originally in the 1038 Town or Village would likewise continue to pay the debt service on that Town or Village 1039 debt until it was paid off. Of course, all property owners in Greater Ithaca whose 1040 property had the same assessed value would share equally the debt service on any new 1041 debt. Given the City's history of accumulating large debt, Town residents would have to 1042 be convinced that the governmental structure of Greater Ithaca had sufficient safeguards 1043 against the continuation of this practice. It would also be important for Town and Village 1044 residents to understand the degree to which they use and benefit from the infrastructure in 1045 the City such as bridges and roads that their tax dollars would be help to support in the 1046 future. 1047 1048 Table 4 shows the result of this calculation. 1049 1050 Table 4 1051 Property Tax on a$200,000 Home 1052 Status Quo plus Increased Efficiency and State Aid 1053 and Existing Debt of the Three Municipalities not Pooled City Town Village Current City/Town/Village $2,640 $1,052 $1,528 Greater Ithaca $2,233 $1,200 $1,068 School + County Tax $5,028 $5,028 $5,028 Total City/Town/Village Tax $7,668 $6,080 $6,556 Total Greater Ithaca Tax $7,261 $6,228 $6,096 Percent Tax Increase -5.3% 2.4% -7.0% 1054 1055 1056 Table 4 presents a scenario in which the owner of a$200,000 home living in the 1057 City and the Village enjoys a decrease of approximately $400 in his property tax, and the 1058 owner of the same home living in the Town experiences an increase of$150 in his or her 1059 property tax. 1060 1061 2. Identity Politics in the City, Village and Town 1062 By identity politics in the context of this report, we mean the extent to which the 1063 political jurisdiction in which an individual resides is a significant factor in that 1064 individual's self-identification. For example, local election district, State Assembly, 1065 Senate district and Congressional district boundaries change every ten years with little 1066 public comment or concern other than by elected officials and political leaders. On the 1067 other hand, a treaty by which the U.S. and Canada realigned the border between them is 1068 nearly unthinkable. The reason for the difference in the two cases is clear. National 24 Draft 18 For Internal Use Only 1069 citizenship is a critical part of most individuals' self-identification, while a legislative 1070 district is not. 1071 1072 Identity politics of this sort has played a leading role in changes in the political 1073 map of the globe in recent times, including the former two Vietnams, the Germanys, 1074 Soviet Union, Yugoslavia and Czechoslovakia. What role it will play in advancing or 1075 retarding the formation of Greater Ithaca remains to be seen. 1076 1077 Based on our experience as long time residents of the area, we make the following 1078 assessment of the prevailing self-identification of area residents. We are unaware of any 1079 existing survey information that speaks to this issue. We believe that Town and City 1080 residents generally identify themselves as coming from "Ithaca". Their children go to the 1081 same middle and high Schools. They share the same post office address and zip code. 1082 Politically, both are solidly Democratic; in the City, by a ratio of 4 tol, and in the Town, 1083 by a ratio of 2.5 to 1. The Town of Ithaca Board and the City Common Council have not 1084 had Republican members for nearly twenty years. Many residents of both jurisdictions 1085 are unaware of the boundary between the two jurisdictions. Residents tend to identify 1086 with neighborhoods with names that cannot be found on many maps such as Fall Creek, 1087 East Hill, Cornell Heights, or West Hill or Taughannock Boulevard, rather than as Town 1088 or City residents. We do not believe that the boundaries between the Town and City 1089 parts of the residential areas are of great concern or interest to residents of these areas. 1090 1091 Over the years, the Town has steadily changed from a mixture of rural and 1092 residential areas to a predominantly residential community. Currently, there are less than 1093 a dozen active farms in the Town. Furthermore, its odd geography (often described as a 1094 doughnut) makes the City's downtown the geographical, commercial, cultural and 1095 entertainment center of the Town. It is no accident that the Town's Town Hall is in the 1096 City. This unique geography and the current concentration in the City of Town residents' 1097 work, social, entertainment and cultural opportunities blurs the distinction between City 1098 and Town in their minds. Furthermore, it is our guess that for City residents, the 1099 geographical distinction that matters most to their self-identification is between 1100 downtown and the suburbs (including the City parts of East, South and West Hills)rather 1101 than the political boundary between the City and the Town. 1102 1103 In contrast to residents of the Town and the City, it is our sense that residents of 1104 the Village identify strongly as citizens of the Village of Cayuga Heights. Cayuga 1105 Heights is widely considered the most prestigious address in the County. The median 1106 family income and the per capita home assessment of the Village is roughly twice that of 1107 the Town. The perception of its residents is that the Village is the most desirable, safest, 1108 best served and best maintained municipality in the County. Our guess, based on 1109 perception, rather than any survey data, is that Village residents would be very reluctant 1110 to lose their Cayuga Heights identity. However, there are alternative strategies for 1111 preserving local geographic identity and some level of local control short of municipal 1112 boundaries that can be pursued (see Section VIII -Recommended Next Steps). 1113 1114 3. Moral and Ethical Considerations 25 Draft 18 For Internal Use Only 1115 The problems arising from the structure of local public financing, whereby less 1116 affluent communities often have a greater ratio of financial needs to tax base, is widely 1117 recognized. One example of this phenomenon is a high density, lower income downtown 1118 jurisdiction surrounded by an independent low density, higher income residential 1119 jurisdiction. State aid to needy local jurisdictions and consolidation of jurisdictions are 1120 often proposed as solutions to the problems of financially stressed jurisdictions. 1121 1122 Consolidation can be seen as an appropriate step when the jurisdictions are 1123 contiguous, when the two jurisdictions share some measure of self-identification and 1124 when a convincing argument can be made that the more affluent jurisdiction derives an 1125 important benefit by its proximity to the less affluent jurisdiction. Even without a legal 1126 obligation to do so, residents of the more affluent jurisdiction may feel a moral obligation 1127 to take an action that may not be in their own financial interests. 1128 1129 In this particular consolidation, it is the citizens of the Village and the Town that 1130 must decide whether or not they agree with, and if they do, wish to respond to the moral 1131 and ethical dimensions of consolidation. No matter how this particular consolidation is 1132 structured, it will likely entail some additional property taxes for the residents of what is 1133 now the Town and Village to meet the mutual needs and benefits for the residents of 1134 Greater Ithaca. It would, in addition, likely entail some increase in service levels for 1135 residents of the Town (e.g.,public safety) and possibly the Village as well. Many of 1136 these residents think of themselves as socially conscious individuals and support 1137 progressive causes and solutions. Whether those inclinations will play a role in their 1138 willingness to support consolidation can only be known when the idea enters the local 1139 public debate. 1140 1141 4. Non-monetary Costs and Benefits 1142 In the end, it is our conclusion that the decision whether or not to consolidate will 1143 depend on voters' assessments of a series of issues that do not have a direct or even 1144 predictable effect on their pocketbooks. One of these issues involves all three 1145 jurisdictions, and the others relate primarily to the Town and Village. We will discuss 1146 these four issues separately. 1147 1148 a. Merging Three Municipal Workforces into One 1149 Whether the sector is private, educational or public, one can expect to find that 1150 any proposal for a major organizational change will result in a volley of protests and 1151 arguments for preserving the status quo. The intensity of the protests tends to be 1152 proportional to the degree to which the protester is directly affected by the change, and no 1153 one is more affected by a change in an organization than those who derive their living 1154 from it. Staff who are content with their workplace, their bosses and their fellow workers 1155 have good reason to be wary of change. Mergers are often justified by savings or 1156 increased efficiency, which often means staff reductions or changes in responsibilities. 1157 The difficulties are compounded when the workforces of the merging organizations are 1158 represented by different labor unions. 1159 26 Draft 18 For Internal Use Only 1160 We have no particular insight into the magnitude of this problem as it affects the 1161 consolidation of Greater Ithaca. We note that successful corporate mergers are 1162 commonplace throughout the nation. However, staff objections to consolidation is 1163 probably a greater obstacle to a successful merger in the public than in the private sector, 1164 since the municipal workforce has easier access and probably will attract greater support 1165 from the local residents than the workforce of a corporation can expect from corporate 1166 stockholders. 1167 1168 In the course of its deliberations, the study group talked with the department 1169 heads of the Public Works Departments of the Town and the City, and asked them 1170 whether they thought that staff objections would be a substantial obstacle to consolidation 1171 if the government of both municipalities came to the conclusion that it was in the best 1172 interests of the residents to pursue that course. They both felt that if that were to happen, 1173 the staff of their departments (which constitute a large part of the staff of both 1174 municipalities)would be happy to try to work constructively with each other to carry out 1175 the wishes of the public, and that they do not anticipate serious problems. We also note 1176 that the consolidation of the transportation systems of the City, the County and Cornell to 1177 form TCAT was achieved over the initial objections of the three different unions that 1178 were involved. 1179 1180 b. Increased Services for the Town 1181 With the exception of police protection for Town residents, nearly all of the 1182 services provided by the City, the Town or the Village are provided by each of the three 1183 jurisdictions. Police protection for Town residents is provided by the County Sheriffs 1184 office, which is independent of Town government. There is considerable anecdotal 1185 evidence that Town residents (outside of the Village) have been frustrated by the Town's 1186 inability to deploy a police presence to reduce speeding, illegal parking and other such 1187 problems. On occasion, the Town has considered establishing its own police force to 1188 carry out such activities, but found that the expense of building from scratch even a small 1189 police force was too great. 1190 1191 It is possible that the existing infrastructure of the City and Village police 1192 departments could be expanded at a modest cost to cover the police needs of the Town 1193 outside of the Village borders. If that turned out to be feasible, increased public safety 1194 might come to be seen by Town residents as an important tangible benefit of 1195 consolidation. 1196 1197 c. The Contribution of Each Municipality to the Other's Quality of Life 1198 When Town residents travel far from home and proudly describe their hometown 1199 as "a special place in upstate New York called Ithaca", what exactly do they have in 1200 mind? What's "special" about Ithaca compared to similarly sized upstate New York 1201 towns? 1202 1203 There is certainly no one answer to this question. Some will describe the setting - 1204 the three hills overlooking Cayuga Lake. Others will describe the spectacular vistas 1205 greeting visitors approaching Ithaca from the four points of the compass. But many will 27 Draft 18 For Internal Use Only 1206 point to the quiet, suburban residential area that can boast the above settings yet is only a 1207 stone's throw from a nationally admired university, a smaller but very prominent college 1208 and a downtown center with cultural, culinary and entertainment opportunities that can 1209 compete with much larger metropolitan areas. 1210 1211 The state of downtown Ithaca has an important impact on the quality of life for 1212 those residents of the Town whose view of their hometown coincides with the latter 1213 description. For those residents, the chance to help define and take responsibility for the 1214 character and quality of their downtown may be viewed as a positive outcome of 1215 consolidation. Additional benefits might include the chance to participate in such 1216 looming future issues as transportation congestion, climate change, environmental 1217 stewardship and the interface of Cornell and Ithaca College with the community 1218 1219 The Town makes its contribution to City residents' quality of life in a 1220 complimentary fashion. With just a few miles of driving or biking, City residents will 1221 find in the Town working farms with livestock and roadside stands,preserved unique 1222 natural areas, cross country ski trails,peaceful recreational areas, a network of trails and 1223 parks and woods open to the public, and incomparable views in all seasons. 1224 1225 Taken as a whole, Greater Ithaca, the colored area on this report's cover page, 1226 provides a broader range of quality life experiences than the vast majority of other 1227 American municipalities can offer. 1228 1229 d. The Future Politics of Greater Ithaca 1230 At some level, consolidation involves complementary trade-offs for residents of 1231 the City and the Town. From the point of view of City residents, the downtown would 1232 receive additional resources from Town residents at a cost of their losing some measure 1233 of control over all decisions regarding the downtown. From the point of view of Town 1234 residents, they will acquire some level of control over decisions regarding the downtown, 1235 but at the cost of providing some level of financial support in exchange for that control. 1236 If consolidation is to be viable and acceptable to all parties, each must be aware of the 1237 nature of the potential gains, the trade-offs and the safeguards, and accept them willingly 1238 or not. 1239 1240 The Town and the City have some history of having agreed to similar bargains in 1241 the case of fire protection and the wastewater treatment plant. However these two 1242 examples have not given rise to deal-breaking policy disputes. Consolidation, on the 1243 other hand, makes all issues that face the City and the Town joint issues. In such a 1244 situation, each side must carefully consider how differing needs will fare under a 1245 combined government. 1246 1247 Both Town and City residents will surely note that the ratio of the population, and 1248 therefore the potential voting strength, of the City to that of the Town is roughly 5 to 3. 1249 In the U.S. Senate, such a ratio would correspond to a division of 62 to 38. In a binary 1250 legislature (i.e., two parties or two distinct interest groups), the majority group has the 1251 ability to ignore the views and concerns of the minority group. Indeed, we have heard 28 Draft 18 For Internal Use Only 1252 concerns expressed by Town residents that consolidation would lead to a legislature that 1253 would simply use Town resources to fund City projects and address City needs. If a 1254 majority of Town residents do not believe that their concerns will be addressed in the 1255 Greater Ithaca governing body, consolidation will simply never happen. 1256 1257 The quick answer to the concern of Town residents is, as we have discussed 1258 above, that the boundaries between City and Town are artificial, often invisible to 1259 residents and will disappear with consolidation. In a consolidated government, the 1260 residential areas of the City adjacent to the Town will find more in common with the 1261 suburban parts of the Town than they do with downtown. However, in any elected 1262 government, what matters is the self-identification of the legislators, not the self- 1263 identification of the residents. Before examining the implications of this statement, it 1264 makes sense to contemplate the future governing structure of Greater Ithaca. 1265 1266 The elected mayor of the City is its chief executive officer, and as such,prepares 1267 its budget. In addition, the mayor is a member of, chairs and appoints the committees of 1268 the Common Council, the City's legislative branch. The City is divided into five wards, 1269 each of which elects two members of the Council. The Town of Ithaca governing body is 1270 the Town Board, which exercises the executive and legislative functions of Town 1271 government. The Town Board consists of six Town Board members and a Supervisor, all 1272 elected at large. The Supervisor chairs the Town Board, appoints its committees, and 1273 prepares the annual budget, which is considered, amended and approved by the Town 1274 Board. In recent years, the Town Board has annually chosen to delegate its managerial 1275 responsibilities to the Supervisor. 1276 1277 If the City and the Town decide to consolidate, they must decide whether the new 1278 municipality will organize as a Town or a City. The conventional wisdom is that a city is 1279 allowed more flexibility in establishing the details of its governing structure, and that 1280 cities are more likely than towns to receive state and federal aid. Towns may choose to 1281 have Town Boards as large as they please, and may choose to have them represent 1282 subsections of the Town (i.e., wards)rather than the Town as a whole. Likewise, cities 1283 may choose to elect their Council members at large or by wards. While it is certainly true 1284 that most cities are larger than most towns, there are striking exceptions to this rule. The 1285 Town of Hempstead, New York has a greater population than the cities of Boston, Seattle 1286 or San Francisco. Either form of government could probably work for Greater Ithaca. 1287 What is more important is the politics of the consolidated municipality. 1288 1289 When redistricting takes place, legislators strive to have "their" new districts 1290 correspond as much as possible to their old districts. Currently, in addition to the city 1291 mayor and town supervisor there are ten elected City Council members and six elected 1292 Town Board members. The 16 legislators representing the City and Town are consistent 1293 with the 5 to 3 ratio of population of the two jurisdictions. Traditionally, legislators 1294 identify themselves with their legislative districts, and strongly prefer redistricting 1295 solutions that preserve their districts. A division of Greater Ithaca into 8 wards, five in 1296 the city and three in the town, would maintain the districts of all city legislators and 29 Draft 18 For Internal Use Only 1297 create favorable districts for all of the six town board members, and likely appeal to 1298 current office holders. 1299 1300 Unfortunately, current legislators bring with them their self-identification with 1301 City or Town, and would be likely to reinforce the fears of current Town representatives 1302 that their concerns would not receive a sympathetic hearing from a 16 member Council 1303 dominated by ten representatives answerable to solely City constituents. One possibility 1304 might be to elect all legislators at large. However, it is conceivable that such a system 1305 might make the problem worse by inducing the Town legislators to run as a block and 1306 concentrate their efforts on the parts of Greater Ithaca that were in the old Town, and 1307 vice-versa for City legislators. It is possible that such an election would produce a 1308 winner-take-all outcome, resulting in a legislature that was composed mostly of either 1309 Town or City legislators, depending on which jurisdiction had a greater voter turnout. 1310 1311 The decision about how to design and apportion the governing council of Greater 1312 Ithaca, be it a Town or a City, is very fundamental and crucial, and must be an important 1313 part of future study and deliberation if consolidation is pursued. 1314 1315 VL Other Approaches to a More Unified Local Government 1316 1317 A. The Role of County Government 1318 1319 While this report deals with issues of consolidation of services between the City 1320 and Town of Ithaca, Tompkins County government could play a role in this discussion in 1321 the future. In recent decades, county government has become stronger and more 1322 involved in providing local services as the state has become more urbanized, with the 1323 balance between rural and urban populations shifting towards urban areas away from the 1324 surrounding rural towns. In this process, some services provided by local municipalities 1325 have been taken over by county governments, and the state legislature, which regulates 1326 the powers of local municipalities have encouraged this transition. A bit of governmental 1327 history in Tompkins County helps illustrate this trend. 1328 1329 Originally, Tompkins County was governed by a Board of Supervisors. Town 1330 Supervisors carried out dual responsibilities as both the leaders of town governments and 1331 members of the county legislature. Many rural, low population counties in New York 1332 still retain this form of government. Initially, Tompkins County offered relatively few 1333 services. It had a sheriff s department, and a major concern was caring for the poor. A 1334 County Home was established in the early nineteenth century and continued to exist until 1335 quite recently. In the early twentieth century, the County Board of Supervisors 1336 established a Highway Department, and in mid-twentieth century, it established the 1337 Public Health and the Welfare (renamed Social Services) departments. Other services 1338 came along rapidly in the mid and late twentieth century as the county population grew. 1339 1340 A major change in governmental structure took place in 1970 when the Board of 1341 Supervisors was replaced by the Board of Representatives (renamed recently as the 1342 County Legislature). That year, the County became what is known as a charter county. 30 Draft 18 For Internal Use Only 1343 According to state law, a charter county is permitted to exercise more control (otherwise 1344 known as home-rule) over the scope of its operations. Charter counties are seen by their 1345 supporters as being better suited to address the wider range of public services demanded 1346 by those living in cities and urbanized towns. The Tompkins County Board of 1347 Supervisors in 1970 saw the need to adopt a different governmental structure that could 1348 respond more effectively to the demands caused by the rapid increase of population in 1349 Tompkins County following the end of World War II, and the rapid growth of Cornell 1350 University and Ithaca College. 1351 1352 Since 1970, with this new form of government, the County was better able to 1353 assume some of the functions of the City and the towns, relieving them of the costs and 1354 responsibilities. A few examples of this realignment of services are instructive; they 1355 point to a possible continuation of the movement of some local services to the County, 1356 reinforcing the suggestion that future discussions of consolidation of public services 1357 would benefit by bringing the County into the picture. 1358 1359 One of the first actions taken by the County on January 1, 1970 was to establish a 1360 county-wide property assessment office. Interestingly, Tompkins County is still only one 1361 of two counties in the state to have done so. This consolidation of the assessment 1362 services has provided a uniform system and has saved our local governments time and 1363 money. Many other New York counties look to Tompkins as a leader in assessment 1364 practices, and some have expressed wonderment that the county was able to accomplish 1365 this major feat of consolidation in the face of the power often wielded by local assessors. 1366 1367 Another important consolidation of local services was in the area of solid waste. 1368 Until approximately twenty years ago, our towns and the city each had their own garbage 1369 dump. As environmental issues became more prominent, the State required that these 1370 dumps be upgraded or closed. This would be a very costly process for the local 1371 municipalities, especially for the rural towns with small populations and limited budgets. 1372 With state financial and professional assistance (together with a mandate), the County 1373 took over this responsibility, relieving the municipalities of that financial burden. Solid 1374 waste removal, together with the expanded services for recycling, has now become a 1375 major and costly responsibility of Tompkins County government. Nevertheless, this 1376 consolidation was a better way of dealing with solid waste, rather than having each 1377 municipality manage its own dump and recycling center. 1378 1379 For similar reasons, the County has become involved, or considered becoming 1380 involved in other functions. For example, the County now builds all the bridges and 1381 much of their repairs in all of the County's towns (but not the City), even though they are 1382 not on County roads. Also, discussions have been ongoing for a number of years about 1383 moving youth services entirely to County government, and to have much of the cost of 1384 those programs included in the County budget. In these discussions, issues of sharing of 1385 costs and control are at stake, as can be expected when towns are asked to give up 1386 services to another governmental organization. 1387 1388 B. Other Consolidation Avenues 31 Draft 18 For Internal Use Only 1389 1390 Additionally, there are other consolidations that have occurred recently that have 1391 been based on consortiums of other local organizations and governments. Examples 1392 include the Metropolitan Planning Organization, a regional transportation planning 1393 group, TCAT, a regional public transportation network, governed by a consortium of the 1394 City, County and Cornell representatives, the County Library governed by its own Board 1395 of Trustees, and Bolton Point a water system operated by a consortium of towns. In the 1396 mid twentieth century, local school systems in NY were consolidated into a structure that 1397 transcends municipal boundaries and is governed by a separately elected school board. 1398 Thus there are several forms of governmental structure that could be employed when 1399 looking at consolidation of services. This trend toward the upward movement of services 1400 to larger organizational structures could provide some savings and improved efficiencies 1401 for the County's municipalities. 1402 1403 VII Recommended Next Steps 1404 1405 In general, the committee believes that consolidation of the two municipalities 1406 makes sense conceptually, and that the idea should be pursued. The committee 1407 recognizes that there will always likely be substantial barriers to the consolidation of two 1408 municipalities, and that it will not take place without building a strong consensus in both 1409 municipalities that consolidation makes sense. Therefore, the committee suggests the 1410 following courses of action. 1411 1412 The first and most urgent cooperative venture should be to establish a close 1413 relationship between the parallel efforts in the Town and City to revise their 1414 comprehensive plans. This relationship should be much more than an exchange of 1415 information. One of the major potential gains of consolidation is that Greater Ithaca 1416 would look more broadly at future planning, and establish a plan based on a common 1417 vision. If the two municipalities cannot agree on a common vision, it is unlikely that 1418 consolidation will ever come to pass. If they can, then some of the barriers to 1419 consolidation (e.g., fears that the two entities will have very different plans and priorities 1420 for their common resources) may be greatly diminished. Comprehensive planning is a 1421 rare event in both municipalities, and the two municipalities should not squander this 1422 fortuitous congruence of timing. 1423 1424 The City and the Town should establish a joint committee of legislators (including 1425 legislators from the Village of Cayuga Heights)to adopt a broad policy position to be 1426 adopted by the municipalities to consolidate over time, regardless of how long that may 1427 take. Such a policy should include the following items: 1428 1429 • An exploration, in greater depth, of the step-by-step consolidation of specific 1430 services, as identified in Section V of this report. Special note should be taken of 1431 the need to participate quite soon in the County's efforts to build a new public 1432 records center. 1433 32 Draft 18 For Internal Use Only 1434 • The establishment of joint City/Town neighborhood associations in border 1435 areas such as South Hill, East Hill, West Hill and Cornell Heights/Cayuga Heights 1436 so that the City and Town could address the concerns of their residents in a 1437 coordinated way. 1438 1439 e Detailed studies of the legal and financial aspects of consolidation undertaken 1440 by professionals. Particular attention should be paid to the possibility of the 1441 Village maintaining some measure of independence in a consolidated 1442 municipality. Examples of consolidation successes and failures in other 1443 communities should be thoroughly studied. Funds for this should be sought from 1444 the state government, which has a program for this purpose (see Appendix 2). As 1445 noted above, no funds and no staff were available to the committee to prepare this 1446 report. These in-depth studies should look at both individual public services as 1447 well as the larger picture of total consolidation. The City and Town might jointly 1448 approach Cornell and Ithaca College to make use of any expertise and help they 1449 could offer, 1450 1451 • The municipal parties should enlist the help of local media, political parties, 1452 civic associations (e.g., Chamber of Commerce, League of Women Voters, 1453 Service Clubs, religious organizations)to foster broad based Town, City-and 1454 Village wide public discussion of shared services and consolidation. 1455 1456 VIII. A Vision of the Future 1457 1458 At its initial meetings in December 2006, the Joint Study Group carefully read the 1459 documents in Appendix 5 in an effort to understand our charge. We were asked "to 1460 examine, among others, the pros and cons of both shared services and possible 1461 consolidation." While we were not specifically asked to draw any conclusions from our 1462 examination, we were not prohibited from doing so. However, early in the process, we 1463 all agreed that for various reasons, we should not make a recommendation regarding 1464 whether or not the Town and City should consolidate. 1465 1466 During the almost two years of regular discussion and deliberation, we found that 1467 our initial skepticism about the feasibility and possible benefits of consolidation slowly 1468 evolved into a unanimous belief that its rewards were potentially substantial and that for 1469 national as well as local reasons this moment was unique and the opportunity it presents 1470 must not be allowed to slip by. In this spirit, we offer below in narrative form our view 1471 of what benefits consolidation might mean to future citizens of Greater Ithaca. 1472 1473 An energized Greater Ithaca would pioneer new and innovative ways to 1474 determine, establish and carry out area goals, hold down the expenses of providing public 1475 services and at the same time provide mechanisms that give neighborhoods the 1476 opportunity to bring forward their problems in the expectation that they would be 1477 addressed. Consolidation,joint authorities, neighborhood councils, and shared services 1478 are the tools most often mentioned, but a general recognition that solving the problems of 1479 a new century requires new tools will likely generate other more efficient institutions. 33 Draft 18 For Internal Use Only 1480 1481 A unified Greater Ithaca would find ways to coordinate its planning and economic 1482 development efforts to achieve area goals and work as a single partner with Cornell and 1483 Ithaca College to ensure the economic vitality of the area while preserving the quality of 1484 life of all its neighborhoods. It would join with other area governments and institutions 1485 to capitalize on the diverse strengths of the area from its high tech potential to its growing 1486 wine industry, to solve its diverse problems from a lack of affordable housing to a 1487 deteriorating infrastructure, and last but not least, to develop sustainable, socially 1488 conscious and environmentally sensitive policies for the future. 1489 1490 In short, Greater Ithaca could lead the way in the long sought transformation of 1491 upstate New York. 1492 1493 1494 34 Draft 18 For Internal Use Only 1495 Appendix 1 1496 1497 Past Cooperation and Consolidation Efforts 1498 1499 While the work of this City-Town Joint Study Group should be viewed as unique in its 1500 particular combination of time,place and circumstances, it is not without precedent in the 1501 municipal lives of the City and the Town of Ithaca. A modest review of local newspaper 1502 coverage and public meeting minutes dating back sixty years has revealed a number of 1503 concerted efforts toward intermunicipal cooperation and consolidation involving the City, 1504 the Town and, in some instances, the Village of Cayuga Heights. Also evident in past 1505 decades are successful initiatives within even broader geographic spheres, such as the 1506 Tompkins County Board of Supervisors' approval in mid-1946 of the consolidation of 1507 City and County health offices into a County health district, or the April 1956 vote by 1508 forty-two suburban school districts in favor of consolidation with the Ithaca City School 1509 District. 1510 1511 Among the various efforts involving the City and the Town of Ithaca, the most salient 1512 were two which produced substantial documents of their work the Greater Ithaca Fact- 1513 Finding Committee, formed in 1947, whose report was released in March 1953, and the 1514 Greater Ithaca Regional Planning Board, created in 1957, whose plan of the Ithaca urban 1515 area was published in 1959. During the 1950s and 1960s, still other joint committees 1516 composed of elected officials and community leaders explored ways to make a reality of 1517 the prediction that was captured in a July 15, 1963 Ithaca Journal headline—"Unified 1518 Area Government `Inevitable' Here." To understand the work and significance of each 1519 of these efforts would require further investigation in order to identify the conditions that 1520 led up to each initiative, its chief proponents and participants, the vehicle (board, 1521 commission, committee) charged with each study and the resources made available to it, 1522 and the findings, recommendations and outcomes of each. 1523 1524 Greater Ithaca Fact-Finding Committee 1525 "The Invisible Wall; Shall It Come Down?" queried the headline of the Ithaca Journal 1526 editorial as it quoted a local official who had noted that"`there has been too much of this 1527 business of setting the people of the City against the people of the Town [of Ithaca] and 1528 the Village [of Cayuga Heights], or vice versa on the basis of prejudice coupled with 1529 incomplete or erroneous facts."' The date was February 11, 1947, and a committee, to be 1530 named the Greater Ithaca Fact-Finding Committee, was embarking on its work, seeking 1531 to gather facts and balance advantages and disadvantages in order to ascertain whether 1532 Ithaca"can be made a better community, a more attractive community, a more 1533 progressive community, through a consolidation of the separate political units inside and 1534 outside of the Invisible Wall" of the corporation boundary. This initiative was set in 1535 motion by City Mayor Arthur N. Gibb, following conversations with the Town of Ithaca 1536 Supervisor, Harry N. Gordon. 1537 1538 While many of the observations recorded in this 1947 editorial have parallels today, its 1539 language that describes "the possible expansion of the city's boundaries" gives a clue to 1540 the City's relationship to the other municipalities as one of a"have" to "have-nots" in 35 Draft 18 For Internal Use Only 1541 terms of water and sewer systems, fire and police protection, garbage collection, and the 1542 like. Appropriately, the charge to the new committee was to present information on the 1543 cost of providing such services to outlying areas. 1544 1545 The final, approximately 350-page report of the Greater Ithaca Fact-Finding Committee, 1546 delayed by an initial lack of resources, was dated December 1952 and made public on 1547 March 23, 1953. Remaining close to its "fact-finding"mission rather than specifically 1548 promoting or discouraging annexation, the committee concluded that"[its] estimates 1549 indicate that it is possible to devise arrangements under which the cost to taxpayers 1550 during the next several years is not likely to differ greatly regardless of whether urban 1551 services are provided for areas adjacent to the City by annexation or by the use of special 1552 town districts and other devices." (Ithaca Journal,Mar.23, 1953) 1553 1554 Interlude 1555 About a month following the release of the report, the heads of the three participating 1556 municipalities agreed to establish a four-member committee to study the matter of 1557 annexation with greater specificity in order to provide recommendations and information 1558 pertaining to particular areas of the Town and Village; five such study areas were 1559 identified as candidates for early attention. The committee was expected to engage 1560 Cayuga Heights engineer Carl Crandall for technical studies, and to have additional input 1561 from City Superintendent of Public Works Francis J. Laverty. (Ithaca Journal,Apr.27, 1953) 1562 1563 Although details of the new committee's work have not yet been ascertained, it is clear 1564 that interest in intermunicipal opportunities and issues remained current. In an October 7, 1565 1953, speech to the Ithaca Rotary Club, Superintendent Laverty called for "a 1566 comprehensive master plan for the Greater Ithaca area," one that would address 1567 "clusters" of problems or needs traffic, water and sewer facilities, indoor and outdoor 1568 recreation, etc.through joint initiatives by the City and either the County or the Town. 1569 He cited two different means of coordinating efforts by the consolidation of 1570 governmental units, or by "closer cooperation between groups with similar functions." 1571 Noting, for example, that there were twelve governmental agencies concerned with 1572 highway construction in Tompkins County, Laverty proposed the pooling of all publicly 1573 owned equipment, with its administration under county supervision. (Ithaca Journal,Oct. 8, 1574 1953) 1575 1576 Meanwhile, various annexation proposals continued to be explored, with one of the more 1577 dramatic involving the Village of Cayuga Heights, fueled by a Tompkins County Board 1578 of Health assessment of sewerage conditions in the village. When the proposed 1579 annexation was rejected in late 1954 by an informal poll in which 744 of the village's 1580 potential 900 voters participated, Cayuga Heights trustees responded by adopting 1581 resolutions "committing the villagers to construction of their own sewage disposal plant 1582 and establishment of a fire department." (Ithaca Journal,Jan. 5, 1955) 1583 1584 The idea of a broad-based planning effort was given form and made public in August 1585 1955 by "a committee of interested citizens which has been meeting frequently for the 1586 last two years," at least three of whose members had participated in earlier initiatives. 1587 Behind this proposal for a Citizens Regional Planning Council of Tompkins County was 36 Draft 18 For Internal Use Only 1588 the belief that the community's limited resources of time and money could be best 1589 employed by physical and social planning efforts that emphasized cooperation and 1590 prioritization. A letter of introduction and an outline of the proposed council's goals and 1591 membership were distributed to some 400 community leaders, from whom comments 1592 were solicited. (Ithaca Journal,Aug. 8, 1955) 1593 1594 Greater Ithaca Regional Planning Board 1595 Though no direct link has yet been identified between the 1955 proposal and the 1596 subsequent establishment of a regional planning board, it seems likely that that they are 1597 connected. Following preliminary approvals by the respective municipal bodies in Fall 1598 and Winter 1956, the City of Ithaca Common Council on February 6, 1957 approved an 1599 agreement between the City and Town of Ithaca and the Village of Cayuga Heights to 1600 create the Greater Ithaca Regional Planning Board. Four members were to be from the 1601 City, two from the Town and one from the Village. Funds totaling $7,000 for the board's 1602 operations in 1957 were committed by the respective municipalities, in proportion to their 1603 membership. (Common Council Minutes,Regular Meeting) 1604 1605 The broad goals and specific efforts of this board may be understood in its 1959 1606 publication,Ithaca Urban Area:A General Plan that resulted from a comprehensive 1607 general plan study undertaken in 1958, with consultants Community Planning Associates, 1608 Inc. of West Trenton, New Jersey, Thomas Niederkorn, Resident Planner. This general 1609 plan set forth desirable principles, objectives and standards for the physical development 1610 of the region, and recommended particular actions based on its studies of land use, 1611 physical facilities,population distribution, and projected growth rates. It was presented 1612 as "a dynamic `Living Platform' from which action on specific problems can be 1613 programed [sic]." 1614 1615 The Greater Ithaca Regional Planning Board remained active during the 1960s, having 1616 expanded its membership beyond the original three municipalities, and being called upon 1617 by various of the governing bodies and their elected officials. Still other committees were 1618 formed, as local interests expanded into regional ones. In 1960, Village of Cayuga 1619 Heights Mayor Frederick G. Marcham was reported to have described"his ideal 1620 governmental situation" being a"'composite structure of government"' including the 1621 Village, City and Town, and perhaps even the county. In 1963, Ithaca Mayor John Ryan 1622 changed the name of the City's special Annexation Committee to include the word 1623 "Consolidation," and the Greater Ithaca Study Committee worked alongside the Regional 1624 Planning Board on a number of issues. 1625 1626 Woven throughout the local news of these times were reports of requests for extensions 1627 of water and sewer services, as residential and commercial development sought to expand 1628 beyond the immediate urbanized area. Understanding these requests and their disposition 1629 of seems essential in understanding the historical context of intermunicipal initiatives. In 1630 addition, alongside the reports of efforts toward cooperation and consolidation were 1631 concerns about population decline in the City and costs. The City proceeded to approve 1632 and adopt its own "General Plan" in May 1970; in the plan, as published in 1971, the 1633 Epilogue noted that"while the General Plan is limited directly by the governmental 37 Draft 18 For Internal Use Only 1634 boundaries of the city, the plan must also estimate the impact of trends of growth and 1635 development in the area external to the city and vice versa." After presenting some of the 1636 areas in which broader perspectives were required, it acknowledged the importance of 1637 intergovernmental cooperation and of planning and programming organized action by 1638 private and public agencies at all levels. 1639 1640 1641 38 Draft 18 For Internal Use Only 1642 Appendix 2 1643 1644 New York State Commissions, Reports, Funding Opportunities and 1645 Fiscal Incentives Related to Local Government Efficiency, Shared 1646 Services and Consolidations 1647 1648 The State of New York has long been interested in fostering local 1649 government efficiency, shared or consolidated services and, where warranted, 1650 municipal consolidations. 1651 1652 Most recently, in April 2007 Governor Eliot Spitzer established the New 1653 York State Commission on Local Government Efficiency and Competitiveness. That 1654 Commission issued its final report in April 2008. The report along with the briefs and 1655 studies that accompany it may be found on the web at 1656 ham://www.nyslocal „og v.or.,/�report Da ,p. Of particular relevance to these Ithaca City 1657 and Town study considerations is a consultant's report to the Commission that assessed 1658 opportunities for shared services and consolidations between three upstate city/town 1659 configurations: Oneonta, Norwich, and Cortland. The consultant's findings at points bear 1660 striking similarity to these Joint Study Group conclusions. The Commission report 1661 concludes, as have earlier efforts, that New York State suffers from the burden of an 1662 antiquated local government structure, with nearly 5.000 local entities. The report 1663 recommends modernization through change initiated at the local level that will 1664 streamline municipal jurisdictions and increase shared services, without sacrificing local 1665 identify. 1666 In recent decades several earlier commissions have addressed local 1667 government reform. These have included: the Commission on Local 1668 Government Reform (Governor Pataki, 2002-2004); Commission on the 1669 Consolidation of Local Governments (Governor Cuomo, 1990-1993); the Local 1670 Government Restructuring Project (Riley Commission, Rockefeller Institute, 1671 1990-1992); and the School District Organizational Change Study (Regents/State 1672 Education Department, 1992-1995). All have supported the need for increased 1673 shared services and consolidations to improve effectiveness and efficiency. 1674 1675 The Division of Local Government Services and Economic Development 1676 within the Office of the State Comptroller has issued a number of reports over the years 1677 that focus on the need for local government reforms. Significant reports include: Local 1678 Government Management Guide, Intermunicipal Cooperation, November 2003; 1679 Intermunicipal Cooperation and Consolidation, 2003; and Outdated Municipal Structures, 1680 Cities, Towns, and Villages — 18th Century Designations for 21st Century Communities, 1681 October 2006. Copies of these reports may be accessed on the web at 1682 hqp://www.osc.state.ny.us/localgov//pubs/listresearch2.htm. 1683 1684 The Division of Local Government in the New York State Department of 1685 State also has prepared a guideline for considering Consolidations for Towns and 1686 Villages, which can be accessed on the web at 39 Draft 18 For Internal Use Only 1687 hqp://www.dos.state.ny.us/less/publications.htm, along with relevant statutes and 1688 legislation governing municipal organization. The Department also maintains the State's 1689 Shared Municipal Services Incentive (SMSI) Grant Program, which provides: 1690 1691 • Cities and towns, among other municipal entities, may apply for grants of up to 1692 $200,000 per municipality for consolidations, mergers, cooperative agreements 1693 and shared services between two or more municipalities; 1694 • Priority in the selection of awards will be given to applications that plan or study 1695 consolidations, mergers, and dissolutions; implement shared highway services 1696 projects; and develop countywide shared service plans, among other criteria. 1697 • Annual grant application deadlines are usually in December and awards 1698 announced the following May; 1699 • More information is available on the Department of State website at: 1700 http://www.dos.state.ny.us/lgss/smsi/index.html 1701 1702 State government also supports a Local Government Efficiency Grant 1703 Program (LGEG), which provides: 1704 1705 • Two or more municipalities may apply for competitive grants for Efficiency 1706 Implementation activities that can achieve savings; 1707 • Grants can be used to cover transitional personnel costs to implement new joint 1708 functions, among other applications; 1709 • Grant amounts will be up to $200,000 per municipality, with a total amount not to 1710 exceed $1 million; 1711 • General Planning Grants for groups of municipalities to study shared services 1712 will be awarded on a competitive basis in amounts up to $25,000 for two 1713 municipalities,plus $1,000 for each additional partner, with a$35,000 maximum; 1714 • High Priority Planning Grants targeted to specific types of studies are available 1715 on a non-competitive basis; groups of municipalities may receive funding to study 1716 sharing or consolidating services countywide or on a multi-county or regional 1717 basis; single municipalities may get grants for charter revision studies that include 1718 functional consolidation or service sharing; amounts will vary by category, not to 1719 exceed $50,000. 1720 1721 As recommended by the Joint City/ Town Study Group, a successor body 1722 should be charged with studying in detail the feasibility and desirability of consolidating 1723 the City and Town of Ithaca municipalities into a Greater Ithaca municipality and, if not a 1724 full political consolidation, then consolidation of services or shared services including 1725 such functions as comprehensive planning. That study and planning activity would be 1726 eligible for state support through the General or the High Priority Planning Grants 1727 identified above and, if significant savings were identified, and Efficiency 1728 Implementation Grant. If consolidation of municipalities or services were ultimately 1729 approved, then state support of up to $200,000 per municipality might, on a competitive 1730 basis, be available to implement the consolidation. 1731 40 Draft 18 For Internal Use Only 1732 In addition, the State Budget funds specific Consolidation Incentives for 1733 municipalities that achieve consolidation. These include: 1734 1735 • An increase in Aid and Incentives for Municipalities (AIM or "revenue 1736 sharing") equal to 15% of the combined property tax levy of the 1737 consolidating municipalities; this incentive funding continues annually and 1738 is capped at $1 million annually; OR 1739 • A 25% increase in the AIM of the consolidating municipalities. This 1740 incentive funding continues annually and is capped at $1 million annually; 1741 OR 1742 • $250,000 the first year after the consolidation, phased down in equal parts 1743 over the following four years ($200,000 in the second year, $150,000 in the 1744 third year, etc.) This is capped at 25% of the combined property tax levy of 1745 the consolidating municipalities. 1746 1747 This program is administered by the New York State Division of the Budget, 1748 and more information is available on the DOB website at: 1749 http://www.budget.state.ny.us/localities/local/alm.html. Additional modeling 1750 is required to confirm the level of additional ongoing state revenue sharing that 1751 would be available to a Greater Ithaca municipality. 1752 1753 1754 Complementing these financial supports and incentives, State Government 1755 will also be providing enhanced technical assistance and information on best practices. 1756 Technical assistance might include legal guidance, financial modeling, procedural advice, 1757 data sharing, results from case studies, and liaison with other municipalities studying or 1758 pursuing consolidation. 1759 41 Draft 18 For Internal Use Only 1760 Appendix 3 1761 Legal Aspects of Consolidation 1762 1763 Like many other aspects of New York State government, the powers of, and 1764 relationships among, the state's municipal corporations are covered by a number of 1765 separate and at times confusing statutory regulations. While not intended to be in any 1766 way comprehensive, the purpose of this Appendix is to point out some of the legal 1767 questions that might arise in any proposed consolidation of the City and the Town of 1768 Ithaca. Municipal corporations, including cities and towns, are created by the state, and 1769 the state accordingly may prescribe the manner in which municipal corporations are 1770 created, made larger or smaller, or dissolved, with or without the consent of the citizens 1771 of the larger area out of which the municipal corporation has been created. 1772 1773 One of the major differences between towns and cities is that towns, like counties, 1774 are mere subdivisions of the state; they are organized in order to exercise, in a convenient 1775 manner,portions of the state's political power. Cities and villages, on the other hand, are 1776 created by charter and have a number of private and proprietary powers other than 1777 carrying out the duties of government. This distinction has eroded somewhat over time, 1778 as New York's towns have begun to assume proprietary and quasi-proprietary duties of 1779 their own, but it is still an important one. However, under New York law, both cities and 1780 towns have an inherent right to local self-government that is considered to have existed 1781 even before the adoption of the state Constitution; for this reason, the New York State 1782 Constitution itself contains a bill of rights of local governments. 1783 1784 There appear to be no legal barriers to the consolidation of services between a city 1785 and a town. Under the Constitution, local governments may provide, cooperatively or 1786 jointly, or through contract, "any facility, service, activity or undertaking which each 1787 participating local government has the power to provide separately" and to apportion the 1788 sharing of expenses between or among the local governments affected. The actual 1789 consolidation of local governments into one governmental entity is a different matter. 1790 1791 Under the Municipal Annexation Law, a local government may annex territory 1792 belonging to another local government,provided that the majority of the inhabitants of 1793 that territory agree and that the governing board of each of the involved local 1794 governments consents to the annexation. If this consent is not given, the State 1795 Legislature may direct that the Supreme Court(New York's lowest court of general 1796 jurisdiction) determine whether the annexation would be in the overall public interest. 1797 However, by the explicit provisions of the Municipal Annexation Law, the term 1798 "annexation" does not mean or include "consolidation." 1799 1800 Under the Town Law, two or more towns in the same county may consolidate by 1801 a vote of the majority of the voters in each of the towns, in a vote on a ballot proposition 1802 for consolidation submitted by the boards of the towns at either a general or special 1803 election. Consolidation of a city and a town, however, is not so simple. 1804 42 Draft 18 For Internal Use Only 1805 As noted, the State Legislature has the power to consolidate municipal 1806 corporations without receiving the consent of those municipal corporations. When the 1807 Home Rule Amendment was added to the State Constitution in 1923, the question 1808 quickly arose whether the amendment limited that particular power of the Legislature. 1809 The Court of Appeals, New York's highest court, answered that it did not. The Court 1810 held that increasing or decreasing the size of an existing city is not within the "property, 1811 affairs or government matters" covered by Home Rule; instead, it remains an incident of 1812 the "legislative power to create and abolish municipal corporations and to define their 1813 boundaries," because this is a matter of state concern, extending beyond the limits of the 1814 affected city.i 1815 1816 Although our research has not yet uncovered any case specifically addressing this 1817 question, it appears that a city and a town that wish to consolidate may not do so in the 1818 manner that would be available to two towns. In order to consolidate a city and a town, a 1819 special law must be passed by the Legislature. An existing city that would be affected by 1820 such a special law can present its objections to the Legislature before the special law is 1821 enacted, but the decision itself is up to the Legislature. i See City of New York v. the Village of Lawrence(250 NY 429 [1929]). 43 OND Cl) r � OD O Cl) O ✓ O � r OD N c0 M c0 M — OD OD O N M M CD N CD N N O 0 O co N O V O N N V �y M (C F—i O O U � � Qz O O — O M In O c0 c0 M O O N OD N M � C O { to 00 ( { { MEA >C cz .:4 u N V7 U) N N O O O OD V In � 0 N � M O_ N (D ao N O CO O O V) M 00 ER ER V) C14 C14 V ER ER V ER U) OD O N c0 OD In O � O � M � � I' LO - O M O OD � O I� CY N M — to M N M N U a > V O a) N L _ U) N V! 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Appendix 5 1833 1834 Resolutions of the Town of Ithaca Board and City of Ithaca Council 1835 1836 Establishing the Joint City/Town Study Group 1837 1838 on Shared Services and Consolidation 1839 Draft 18 For Internal Use Only 1840 May 3, 2006 —Regular Common Council Meeting— 1841 1842 GOVERNANCE & INTERMUNICIPAL RELATIONS COMMITTEE: 1843 A Resolution to set up a ioint study group to investigate possible shared services and 1844 possible consolidation between the City of Ithaca and the Town of Ithaca. 1845 By Alderperson Berry: Seconded by Alderperson Tomlan 1846 WHEREAS, over the last several decades there has been much local and national 1847 discussion over the advantages and disadvantages of shared services or consolidation of 1848 governments, and 1849 1850 WHEREAS, several successful partnerships have emerged in local municipalities during 1851 that time, such as the Ithaca Area Waste Water Treatment Plant, youth and recreation 1852 services,joint city/town fire services, and the Bolton Point Water System, and 1853 1854 WHEREAS, the benefits of cost sharing/consolidation have been enumerated by the 1855 New York State comptroller as reported in the booklets Local Government Management 1856 Guide: Intermunicipal Cooperation and Intermunicipal Cooperation and Consolidation: 1857 Exploring Opportunities for Savings and Improved Service Delivery, and 1858 1859 WHEREAS, recent state reports illustrate the difficulties that New York State 1860 municipalities have been facing especially in the last 5 years including rising pension 1861 costs and health insurance, and 1862 1863 WHEREAS, the Mayor of the City of Ithaca and the Supervisor of the Town of Ithaca 1864 have recently held meetings including an intermunicipal forum facilitated by Interface of 1865 the Community Dispute Resolution Center, and 1866 1867 WHEREAS, the City of Ithaca Common Council and the Town of Ithaca Board are 1868 desirous of further examination of the mutual benefits between the two municipalities 1869 that could improve services, create efficiencies, and benefit citizens, now therefore be it 1870 1871 RESOLVED, That a study group on intermunicipal cooperation and consolidation be 1872 created forthwith to examine, among others, the legal and regulatory aspects of shared 1873 services and possible consolidation, the pros and cons for both shared services and 1874 consolidation, the financial opportunities and liabilities of consolidation or shared 1875 services, an analysis of the property and sales tax scenario for a single jurisdiction, the 1876 concept of a new jurisdiction, a unified comprehensive plan, and be it further 1877 1878 RESOLVED, That an analysis of the strengths, weaknesses, opportunities, and threats be 1879 provided for each topic area, and be it further 1880 1881 RESOLVED, That the study group be composed of 8 members, mutually agreed upon 1882 by the town of Ithaca Board and the City of Ithaca Common Council, with 1883 representatives having knowledge of finance, law,planning,public works,police, or 1884 organizational culture,plus one elected official liaison from each jurisdiction (making 10 1885 members), such study group and its chair to be nominated by a town/city joint 1886 nomination committee comprised of the mayor, supervisor, one Common Council 1887 member and one town board member, and be it further 1888 50 Draft 18 For Internal Use Only 1889 RESOLVED, That the city council and the town board identify and work toward 1890 obtaining financial assistance such as grants from appropriate agencies including the 1891 State comptroller's office, and be it further 1892 1893 RESOLVED, That each municipality agree to provide staff assistance to the study group, 1894 including participation from each municipality's historian, and be it further 1895 1896 RESOLVED, That the study group report at least quarterly or as needed to the Common 1897 Council and Town Board at a joint meeting for periodic updates and consideration of 1898 possible amendments or additional directives, with ample opportunity for public input, 1899 and be it further 1900 1901 RESOLVED, That a final report will be presented to the Common Council and the Town 1902 Board for their deliberation on future policy, based on the above topics, in approximately 1903 12 months from the study group's first meeting. 1904 1905 Mayor Peterson stated that this Resolution was co-written with members of the Town of 1906 Ithaca Governing body. 1907 1908 A vote on the Resolution resulted as follows: 1909 Carried Unanimously 1910 51 Draft 18 For Internal Use Only 1911 October 4, 2006 Regular Common Council Meeting 1912 1913 INDIVIDUAL MEMBER—FILED RESOLUTIONS: 1914 Resolution to Approve A Joint Study Group to Investigate Possible Shared 1915 Services and Possible Consolidation between the City of Ithaca and the Town of 1916 Ithaca 1917 By Alderperson Tomlan: Seconded by Alderperson Cogan 1918 WHEREAS, the City of Ithaca Common Council and the Town of Ithaca Board, desiring 1919 to examine the mutual benefits that could be achieved through possible shared services 1920 and possible consolidation measures, have agreed by votes at their respective meetings of 1921 May 3, 2006, and May 8, 2006, to pursue such investigation through the establishment of 1922 a joint study group, and 1923 WHEREAS, the Common Council voted unanimously to create such a study group to 1924 investigate, among others, the legal and regulatory aspects of shared services and possible 1925 consolidation, the pros and cons of both shared services and consolidation, the financial 1926 opportunities and liabilities of consolidation or shared services, an analysis of the 1927 property and sales tax scenario for a single jurisdiction, the concept of a new jurisdiction, 1928 and a unified comprehensive plan, and to provide an analysis of the strengths, 1929 weaknesses, opportunities, and threats for each topic area, and 1930 1931 WHEREAS, the Common Council voted that the study group would be composed of 1932 eight"at-large"members, mutually agreed upon by the City of Ithaca Common Council 1933 and the Town of Ithaca Board, with these representatives having knowledge of finance, 1934 law,planning,public works,police, or organizational culture,plus one elected official 1935 liaison from each jurisdiction, making a total of ten members, and 1936 1937 WHEREAS, the Common Council directed that such study group and its chair be 1938 nominated by a joint City-Town nomination committee consisting of the Mayor, the 1939 Supervisor, one Common Council member, and one Town Board member, and 1940 1941 WHEREAS, the nomination committee, consisting of Mayor Carolyn K. Peterson, 1942 Supervisor Cathy Valentino, Alderperson Mary Tomlan, and Councilor Peter Stein, has 1943 met three times, beginning June 26, 2006, and 1944 1945 WHEREAS, the nominating committee has agreed to put forward the names of eight"at- 1946 large" study group members, all of whom have agreed to serve, being Lois E. Chaplin, 1947 Paul R. Eberts, Nathan Fawcett, Randy Haus, Tom Niederkorn, Wendy Skinner, Stuart 1948 W. Stein, and Constance V. Thompson, with Wendy Skinner nominated and agreed to 1949 serve as chair, and 1950 1951 WHEREAS, Mayor Peterson has nominated Mary Tomlan to serve as the elected official 1952 liaison from the Common Council; and 1953 1954 WHEREAS, each municipality has agreed to provide staff assistance to the study group, 1955 including participation from each municipality's historian; now, therefore, be it 1956 1957 RESOLVED, That the Common Council of the City of Ithaca concurs in the naming of 1958 the above-cited individuals to the joint City-Town study group. 1959 52 Draft 18 For Internal Use Only 1960 Nominees to City of Ithaca-Town of Ithaca joint study group 1961 Lois E. Chaplin, Extension Associate, Department of Biological and 1962 Environmental Engineering, Cornell University; Bicycle and Pedestrian Specialist, 1963 Cornell Local Roads Program 1964 Paul R. Eberts, Professor, Department of Development Sociology, and Director of 1965 Graduate Studies for the Field of Community and Rural Development, Cornell University 1966 Nathan Fawcett, Special Assistant to the Provost for State-Related Issues, Cornell 1967 University; Tompkins Public Library Treasurer and Trustee; formerly served with New 1968 York State Division of Budget 1969 Randy Haus, Trumansburg Police Department; former Deputy Police Chief, City 1970 of Ithaca; former Tompkins County Undersheriff 1971 Tom Niederkorn, Principal, Planning & Environmental Research Consultants; 1972 former City of Ithaca Planning Director 1973 Wendy Skinner, Marketing and Communications Manager, Tompkins 1974 Consolidated Area Transit; active in Sustainable Tompkins; former Tompkins County 1975 Public Information Officer 1976 Stuart W. Stein, former Member and Chair, Tompkins County Board of 1977 Representatives; Professor Emeritus, Department of City and Regional Planning, Cornell 1978 University 1979 Constance V. Thompson, Manager, Recruitment and Diversity Recruitment, 1980 Recruitment and Employment Center, Cornell University; Steering Committee Member, 1981 Alliance for Community Empowerment(ACE) 1982 1983 A vote on the Resolution resulted as follows: 1984 Carried Unanimously (7-0) 1985 53 Draft 18 For Internal Use Only 1986 March 7, 2007 Regular Common Council Meeting 1987 1988 Approval of Substitute Members to the Joint Study Group formed to Investigate 1989 possible Shared Services and possible Consolidation between the City of Ithaca and 1990 the Town of Ithaca -Resolution 1991 By Alderperson Coles: Seconded by Alderperson Tomlan 1992 WHEREAS, the City of Ithaca Common Council and the Town of Ithaca Board, desiring 1993 to examine the mutual benefits that could be achieved through possible shared services 1994 and possible consolidation measures, agreed by votes at their respective meetings of May 1995 3, 2006, and May 8, 2006, to pursue such investigation through the establishment of a 1996 joint study group, and 1997 1998 WHEREAS, the Common Council voted unanimously to create such a study group to 1999 investigate, among others, the legal and regulatory aspects of shared services and possible 2000 consolidation, the pros and cons of both shared services and consolidation, the financial 2001 opportunities and liabilities of consolidation or shared services, an analysis of the 2002 property and sales tax scenario for a single jurisdiction, the concept of a new jurisdiction, 2003 and a unified comprehensive plan, and to provide an analysis of the strengths, 2004 weaknesses, opportunities, and threats for each topic area, and 2005 2006 WHEREAS, the Common Council voted that the study group would be composed of 2007 eight"at-large"members, mutually agreed upon by the City of Ithaca Common Council 2008 and the Town of Ithaca Board, with these representatives having knowledge of finance, 2009 law,planning,public works,police, or organizational culture,plus one elected official 2010 liaison from each jurisdiction, making a total of ten members, and 2011 2012 WHEREAS, the Common Council directed that such study group and its chair be 2013 nominated by a joint City-Town nomination committee consisting of the Mayor, the 2014 Supervisor, one Common Council member, and one Town Board member, and 2015 2016 WHEREAS, the nomination committee, consisting of Mayor Carolyn K. Peterson, 2017 Supervisor Cathy Valentino, Alderperson Mary Tomlan, and Councilor Peter Stein,put 2018 forward the names of eight"at-large" study group members, and 2019 2020 WHEREAS, the Common Council and the Town Board voted at their respective 2021 meetings of October 4, 2006, and October 14, 2006, to name those eight persons as study 2022 group members, being Lois E. Chaplin, Paul R. Eberts, Nathan Fawcett, Randy Haus, 2023 Tom Niederkorn, Wendy Skinner, Stuart W. Stein, and Constance V. Thompson, and 2024 2025 WHEREAS, two of those members, Randy Haus and Wendy Skinner, have since found 2026 that they are unable to serve, and 2027 2028 WHEREAS, the nominating committee has agreed to put forward the names of Ellen 2029 McCollister and Diane Bruns as study group members; now, therefore, be it 2030 2031 RESOLVED, That the Common Council of the City of Ithaca concurs in the naming of 2032 Ellen McCollister and Diane Bruns to the City-Town joint study group. 2033 2034 A vote on the Resolution resulted as follows: 54 Draft 18 For Internal Use Only 2035 2036 Ayes (8) Coles, Seger, Berry, Clairborne, Tomlan, Gelinas, Townsend, Cogan 2037 Nays (0) 2038 Carried(8-0) 2039 Alderperson Zumoff absent from 2040 vote 2041 2042 55 Draft 18 For Internal Use Only 2043 BUDGET MEETING OF THE ITHACA TOWN BOARD 2044 THURSDAY, OCTOBER 5, 2006 2045 2046 2047 TB RESOLUTION NO. 2006-199: Approving a Joint Study Group to Investigate 2048 Possible Shared Services and Possible Consolidation between the City of Ithaca and 2049 the Town of Ithaca 2050 2051 WHEREAS, the City of Ithaca Common Council and the Town of Ithaca 2052 Town Board, desiring to examine the mutual benefits that could be achieved 2053 through possible shared services and possible consolidation measures, have 2054 agreed by votes at their respective meetings of May 3, 2006 and May 8, 2006, to 2055 pursue such investigation through the establishment of a joint study group, and 2056 2057 WHEREAS, the Town Board of the Town of Ithaca voted in favor of 2058 creating a study group to examine, among others, 2059 • the legal and regulatory aspects of shared services and possible 2060 consolidation 2061 • the pros and cons for both shared services and possible consolidation 2062 • the financial opportunities and liabilities of consolidation or shared 2063 services 2064 • an analysis of the property and sales tax scenarios for a single jurisdiction 2065 • the concept of a new jurisdiction 2066 • a unified comprehensive plan 2067 2068 WHEREAS, the Town Board voted that the study group would be 2069 composed of eight members, mutually agreed upon by the City of Ithaca 2070 Common Council and the Ithaca Town Board, with representatives having 2071 knowledge of finance, law, planning, public works, police, or organizational 2072 culture, including one elected official liaison from each jurisdiction, making ten 2073 members, and 2074 2075 WHEREAS, the Town Board directed that such a study group and its chair be 2076 nominated by a joint City-Town nomination committee consisting of the Mayor, the 2077 Supervisor, one Common Council member, and one Town Board member, and 2078 2079 WHEREAS, the nominating committee, consisting of Mayor Peterson, Supervisor 2080 Valentino, Alderperson Tomlan, and Councilman Stein, has met three times, beginning 2081 June 26, 2006, and 2082 2083 WHEREAS, the nominating committee has agreed to put forward the names of 2084 eight study groups members, all of whom have agreed to serve, being Lois E. Chaplin, 2085 Paul R. Eberts, Nathan Fawcett, Randy Haus, Tom Niederkorn, Wendy Skinner, Stuart 2086 W. Stein, and Constance V. Thompson, with Wendy Skinner nominated and agreed to 2087 serve as chair, and 2088 2089 WHEREAS, the Town Board of the Town of Ithaca has nominated Peter Stein to 2090 serve as the elected liaison from the Town Board; now, therefore, be it 56 Draft 18 For Internal Use Only 2091 2092 RESOLVED, that the Town Board of the Town of Ithaca concurs in the naming 2093 of the above-cited individuals to the joint City-Town study group. 2094 2095 2096 MOVED: Supervisor Valentino 2097 2098 SECONDED: Councilman Stein 2099 2100 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilwoman Gittelman, 2101 aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. 2102 Motion carried. 2103 57