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SWAG agenda 091214
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SWAG agenda 091214
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9/10/2018 4:43:38 PM
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5 <br /> <br />exceptions provided in this section, County shall be solely responsible for establishing said fees. County shall establish said <br />fees through its good faith estimate of the actual costs of providing the services contemplated by this Agreement. Fees <br />imposed pursuant to the terms of this Agreement shall be uniform for each Town and shall be in an amount sufficient to <br />fully cover the costs of providing the services contemplated by this Agreement. <br />• Subject to the two exceptions set out below, any fee increase of more than five percent (5%) must be approved by <br />the Towns in advance. <br /> <br />o This shall not apply where County has provided at least twelve (12) months’ notice of said fee increase and <br />where such increase greater than five percent (5%) is necessary to maintain the then current level of services. <br />o County’s service contract provider, a provider of some services contemplated by this Agreement, contains <br />provisions for annual increases in costs based on annual increases in the national Consumer Price Index (“CPI”). <br />This Paragraph shall not apply where a greater than ten percent (10%) fee increase is necessary based on the CPI <br />increase requirement of County’s contract with service provider, or any other service provider where the service <br />contract contains a similar provision, and where County has notified Town prior to May 1 of a fiscal year in which <br />such a CPI increase greater than 10 percent (10%) is expected for the next fiscal year. <br /> <br />Need to confirm that this is an accurate reflection of the process. Should Towns have the ability to comment/negotiate all fees <br />charged to Town residents and to the Town governments, including Basic Services Fee, Convenience Center Fee, mattress <br />recycling fee, C&D landfill fee, etc.? Wording is somewhat confusing. <br /> <br />In the event a Town or Towns fail to approve a fee increase of greater than ten percent (10%) for any service where such <br />increase is necessary to fully pay for the provision of any service contemplated by the terms of this Agreement or where <br />such increase is necessary for County to meet its contractual obligations with any contractor engaged in providing any of <br />the services contemplated by this Agreement County may, at its option, terminate this Agreement as it applies to any <br />Town that fails to approve said fee increase. <br /> <br />o Any termination pursuant to this section shall be without cost or penalty to County. <br />o In the event County terminates this Agreement pursuant to the terms of this section the Town or Towns with <br />which the Agreement is terminated shall be responsible for the full amount of any outstanding costs or debt <br />related to the provision of services contemplated by this Agreement as such costs or debt apply within its <br />territorial jurisdiction. Need better understanding as to definition of debt. <br />o Any termination pursuant to this section shall be effective at the end of the fiscal year in which a Town or Towns <br />fail to approve the aforementioned fee increase and after written notice by the County to the Town(s). <br /> <br />“If the County determines that it is or may be advisable to create and impose any additional type of Governmental Fee <br />(beyond the existing Urban Curbside and Multi‐family Fee), then the County will give at least 60 days’ notice of the <br />proposed Governmental Fee to the other parties. A Governmental Fee may then be imposed only if the creation and <br />imposition of such Governmental Fee is subsequently approved by the County and at least one other of the largest two (by <br />population) local government Parties. A new Governmental Fee will take effect at the end of the notice period or, if later, <br />the date of the last Governing Body approval necessary for it to take effect.” <br />“The County may increase any individual Governmental Fee (except the existing Urban Curbside or Multi‐family Fee) from <br />time to time in its discretion with at least 60 days’ notice of the increase to all Parties. The County may not, however, <br />increase any individual Governmental Fee during or at the beginning of any Fiscal Year to a fee that exceeds the fee in <br />effect at the end of the preceding Fiscal Year by more than 10%, without the prior consent of all the other Parties. The <br />Parties intend and agree that the County shall endeavor to adjust any and all Governmental Fees only annually, with <br />changes becoming effective only at the beginning of a Fiscal Year.” <br />Advisory Board or Citizens Committee <br />Staff discussed adding more detail here but had little direction from elected officials. <br />• Representing each Town, County and potentially the University <br />• State composition, terms, rules of procedure and membership <br />• State mission/charge
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