Questions & Answers

Community engagement from the citizens of the Village of Tannersville is a vital part of the process of developing a Village Dissolution Plan. This page features questions submitted by Tannersville community members, as well as Frequently Asked Questions regarding village dissolution.

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To submit a question, simply submit the form located at the bottom of this page. A response will be posted on this page within 10 business days.

Questions Submitted by the Village of Tannersville Community

Responses to questions submitted by members of the Village of Tannersville community have been posted below.

Only registered voters in the Village can vote in the referendum.

Should the residents of the Village vote to dissolve the Village, there will no longer be a Village government. As such, all services and governance will be provided by the Town of Hunter.

If the Village does not vote to dissolve, governance and service delivery remain the same as it is today.

All residents that are legally registered to vote at a residence in the Village of Tannersville are eligible to vote.

Determination of the assessed value is completed by the Town of Hunter Assessor.  New York State Department of Taxation and Finance Office of Real Property establishes the equalization rates each year for all local assessing units.  We would refer you to the Town Assessor.  In addition, the New York State Department of Taxation and Finance, Office of Real Property Taxes provides background information on the full value determinations and establishment of equalization rates.  Please see links to resources below. 

https://www.tax.ny.gov/pdf/publications/orpts/under_eqrates.pdf

https://www.tax.ny.gov/research/property/assess/reassessment/fairassessments.htm

Yes, the study/plan will outline the assumptions used in the fiscal model.

The Village does not provide policing services.  Police services are provided by the Town of Hunter on a town-wide basis.

Police services are already provided on a town-wide basis and will not be impacted by the Village electorates’ decision on dissolution.

Workgroups comprised of representatives of the Village and Town officials and staff knowledgeable in the subject matter will be providing input on current operations in the Town and Village and will work to define possible post dissolution service and service delivery models should the Village electorate vote to dissolve.

In a Village dissolution, the Town assumes existing contracts held by the Village.  A listing of all Village agreements has been has been requested.  Critical agreements will be reviewed during the study process. 

The study/plan process is identifying Village owned real and personal property.  Should the Village voters elect to dissolve the Village, the Village Board of Trustees has the right to sell and liquidate its assets and/or transfer its assets to other parties for public purposes.     Any remaining assets at the time of dissolution are transferred to the Town.

The purpose of this Study/Plan is to evaluate the possible post dissolution conditions relative to governance, services, service delivery and to present a possible post dissolution fiscal model reflecting the Town delivery of services. The engagement does not include an audit or grading of the effectiveness and abilities of the Town government.

The Town has agreed to be a part of the study process.  Through this process, discussions regarding the Village’s infrastructure current condition and ongoing maintenance and replacement needs will be a part of that discussion.  While the Town is being proactive and participating in the process, the Town Board is not bound by the post dissolution conditions outlined in the Plan.  All decisions post dissolution are made by and the responsibility of the Town Board.

No, the Village of Tannersville cannot require that the Town vote on a referendum requiring that the 100% CETC funds be allocated to Village of Tannersville residents.

New York State General Municipal Law Article 17-A indicates that the referendum question placed before the electors of the local   government entity to be dissolved shall be in a form reading substantially as follows:

“Shall (insert type and name of local government entity) be dissolved?
YES ____
NO ____”

Should the Village electorate vote to dissolve, New York State Finance Law requires the Town to use at least seventy percent of the CETC for property tax relief and the balance may be used for general municipal purpose. The CETC is for use townwide, and is not set aside solely or specifically for the former Village of Tannersville.

Per the question, some Towns use the entire CETC to lower the tax levy townwide, others utilize the remaining 30% for transition costs and/or other budgetary items. CETC cannot be allocated to special improvement districts.

Should the Village electorate vote to dissolve, the estimated Citizen Empowerment Tax Credit (CETC) is estimated to be approximately $480,000 on an annual basis (based on the Villages 23/24 tax levy and the Town of Hunter’s 2024 levy).

The actual CETC will be calculated would equal 15% of the combined amount of the real property taxes levied by Village of Tannersville and the Town of Hunter (exclusive of special districts) in the local fiscal year prior to the local fiscal year in which the dissolution takes effect.

The CETC is an annual payment; subject to NYS appropriations, as are other local aid funding streams.  Since its inception in 2010, NYS has paid the CETC at the full amount in all but one year during the COVID crisis in which New York State paid 95% of the CETC.

The Town currently does not operate water services.  The Town recognizes it does not currently have the staff with the expertise and that it would need to employee the proper resources – staff and contracted – to assure for the continuity of such an important service.

There has recently been quite a bit of constituent discussion regarding dissolution within the Village of Tannersville.  It is commonly known that there was a possibility of a citizen initiated petition process calling for a referendum on the question of whether to dissolve the Village.   In a citizen initiated dissolution process, the process and timelines is prescribed in law.  Upon certification by the Village clerk of the petition, the Village Board of Trustees has 30 days to set a date for the referendum on the single question:  Should the Village dissolve?  Yes or No.  The referendum on the question to dissolve must be held within 90 days of the date of the meeting setting the date of the referendum. 

The Village Board of Trustees determined that a study/plan of dissolution may present a better and more transparent process for the Village electorate to evaluate and study the issue of dissolution.  The Board voted to initiate what is called a Board Initiated process.  In contrast to the Citizen Initiated Process, this process enables the Village Board of Trustees, employees, residents and property owners to take the time necessary to outline the key issues, develop a potential post dissolution set of conditions and develop a draft proposed plan of dissolution. 

In addition, the Village of Tannersville has opted to include the Town Board and staff in the study and planning process.  Upon endorsement of a draft Plan by the Village Board of Trustees, a public hearing is held on the draft plan at which time the Village can adopt or amend and adopt a final proposed plan and set a date for a referendum OR  vote to stop the process.   

The final dissolution plan will include a pro and con checklist that residents can use to help make an informed decision on the reorganization of governance.

The Village has three bonds as outlined in the chart found HERE.  Should the Village vote to dissolve, the Village would likely have assets that can be applied to offset in part the Village debt.  Evaluation of that potential offset has not yet been completed.  The majority of the Village’s debt is associated with the Village water fund and is currently paid through the water service semi-annual water billings.   If the voters chose to dissolve the Village,  remaining water debt would continue to be paid by water service users in-side and outside the current Village.

The final plan will include a chart that includes the current and new tax rate per 1,000 of assessed value (including town, fire, lighting, and water). In addition, the plan will also include a table illustrating the post dissolution Village Property Owner Tax Impact with a sampling of taxable assessed values.  Property owners will also be able to calculate their own tax impact using the  rates provided.

The CETC tax credit is appropriated annually during the development of the NYS Budget and is in perpetuity per NYS law.

The Final Dissolution Plan will include a resident checklist from which person can determine for themselves, whether or not the impact is a “pro” or “con”.

For an example of a recent Interim Dissolution Plan, please refer to https://labergegroup.com/lakegeorge/wp-content/uploads/2022/09/Village-of-Lake-George-Interim-Study-of-Dissolution-August-2022.pdf

The agreement with NYC that we are referring to is the 1924 Agreement between the Village of Tannersville, the Town of Hunter and the City of New York for the Sewer System. Currently the NYC DEP owns, operates and maintains the WWTP and the collection system free of charge to Village residents and those Town residents outside the Village that were included in the 1924 agreement and any amendments. The question or comment was geared to the effort that would need to be undertaken by the Village to reach out to the NYC DEP to understand any implications that dissolution would have on the current contract.

The current agreement has been signed by the Town of Hunter, the Village of Tannersville and NYC DEP, and includes a succession clause. Upon dissolution, the Town of Hunter (which already is a party to the agreement) would become the executor of all contracts that were binding on the former village. The Village Attorney updated NYC DEP on the dissolution process and asked them to address any impacts that dissolution may have on the agreement.

In a letter from NYCDEP Deputy General Counsel, Paul J. Sagar to Village Attorney Tal   Rappleyea dated July 8, 2024, Mr. Sagar stated, “The entity that assumes the Village’s powers related to sewage systems (“Successor Entity”) will also assume the Village’s rights and obligations under the Agreement. Paragraph 10 of the Agreement provides that if a party to the Agreement transfers its powers to another entity, then that entity shall assume “all the powers, rights, and duties… defined, reserved or prescribed” in the Agreement. The Successor Entity’s rights and obligations under the Agreement will be identical to the Village’s current rights and obligations. Because the City does not currently charge system users for sewer services, the Village’s dissolution will not alter that arrangement.”

In a village dissolution, the town in which the Village is located assumes all easements and agreements in existence at the time of dissolution.  In this instance, the Town of Hunter would assume all of the property easements and any related agreements in place at the time of dissolution.

The preliminary Plan is for the Town to create a Tannersville Water District that will continue to serve the Village and outside Village users.  The preliminary plan would be for the expanded Town staff, in combination with the contracted certified water treatment operator, to operate and maintain the water treatment plants and all related infrastructure.

The Village of Tannersville does not own or operate a wastewater treatment facility. The WWTP is owned and operated by NYC DEP.

In a Village dissolution, the Town in which the Village is located assumes all existing contracts held by the Village.  

Tannersville has a long history of good governance, responsiveness to constituents and delivery of quality services. The Village Mayor and the Board of Trustees understand only too well the pride and sense of identity that residents, including themselves, have for the Village of Tannersville. They understand what the Village government has meant to the community. However, as is happening in a number of communities across New York State, Village residents have been discussing the idea of dissolving the Village and having the Town of Hunter take over Village services. In response, the Village Board of Trustees determined it is in the best interest of Village residents to formalize a community discussion and decision making process on the pros and cons of dissolution. The Board determined that it would be in the residents’ best interest to evaluate whether there is or is not a potential for improved services and/or reduced taxpayer costs should the Village government dissolve and the Town of Hunter assume the governance role and service provision in the Village.

The plan would be for the flood buy-out properties to transfer to the Town with the perpetual NYS DEC conservation easements.

We are not aware of any Federal or State regulations relative to economic growth that are more conducive for incorporated villages than towns. Currently, the Village has its own “Low-to-Moderate Income (LMI) by Place” identification that establishes eligibility for a Community Development Block Grant (CDBG). However, should the Village dissolve, the Town can utilize an income survey to qualify for CDBG funding if it chooses.

Pursuant to Article 17-A, the Village local laws and codes continue for up to two years post dissolution; however, within those two years, the Town may adopt, repeal or amend the Village laws and codes.  At the end of two years, any Village laws, codes, rules or regulations not adopted or integrated into Town laws and/or codes shall be deemed repealed.

The preliminary thinking of Town officials is that they would continue to administer and enforce the Village zoning codes for up to two years. During that time, the Town would put in place the necessary process to carefully integrate the Village Zoning Law into the Town’s local laws in a manner that does not negatively impact the Town outside the Village, but recognizes and addresses the uniqueness of the Village’s compact historical development pattern.  

Emerging consensus among Village and Town stakeholders suggest the Town and Village work towards a “hybrid” zoning adoption should the Village electorate vote to dissolve.  This hybrid would involve retaining critical aspects of Village zoning unique to the Village such as the Village Zoning Districts and their respective regulations while streamlining generalized sections to limit redundancy and inconsistencies such as those related to administration and enforcement.

Laberge Group is a multi-disciple firm of engineers, planners, surveyors, government operations specialists, community development specialists, and municipal architects. The firm has provided service to municipalities and private clients for more than 60 years and is a NYS leader in government restructuring and municipal efficiency.  Richard F. Laberge, P.E. is the firm’s President, Ronald J. Laberge, PE is the Executive Vice President, and Ben Syden, AICP is the Vice President.

A dissolution of a village does not impact school or county property taxes.   It is projected that if the Village electorate vote to dissolve, the Village of Tannersville combined Village and Town property tax will be reduced.  Details will be provided at the August 20, 2024 Public Informational meeting.

We are unaware of any benefit based on the method of governance and/or incorporation.  There are incentives based on smart growth goals that will be the same whether or not the municipality is a village or a town as the density of the area “formerly known as the Village” will remain the same. In addition, each Governor has their own programs that induce economic incentives – i.e. “pro-housing”. However, both a village and a town have the same opportunity to adopt the program regulations.  As far as CDBG grants, eligibility is based on the percent of low-moderate income residents. This can be determined based on census tract or municipality, and can be confirmed with an income survey. As such, we do not agree with the statement that “Regulations for economic growth are more conducive for incorporated villages than other municipal entities.”

We don’t think that will be necessary if they are located within the boundaries of the current agreement; however, if needed, a district could be created.

Dissolution would not impact the service area defined in the existing agreement.  Please see more detailed answer to Question 23.

It is anticipated that the assets of the water system will transfer to the Town for the benefit of a Tannersville Water District which would have the same boundaries as that of the current Village and long term to possibly include town outside Village users.

At the same time, the plan proposes to utilize liquidated assets to offset any remaining debt service for the water tower and also anticipates that there would be sufficient liquidated assets to fund in part the debt service on the water treatment plant upgrades.

The preferred approach identified by the Town would be to eliminate the distinction of inside Village and outside Village Water rates and that would be gradually done over a 5 year period.  The estimated impact for a single family home once fully implemented is $75 per year.

The Town’s preferred plan would be to hire the Village staff as well as have a contract with a water treatment operator to provide regular service and 24/7 response as is done in the Village currently.

The Town’s preferred plan would be to hire the Village staff as well as have a contract with a water treatment operator to provide regular service and 24/7 response as is done in the Village currently.

There can be no guarantees. Upon a decision by the Village voters to dissolve, all future decisions, policies, budgets will rest with the Town of Hunter Town Board. 

The Town, through its leadership and comprehensive plan, recognize the importance of its Villages as the economic and community hubs of the Town.  There is a certainly a motivation to invest in the Village’s streets, streetscapes and other assets such the parks and recreational facilities.

There is a strong division of labor between the Village and Town and as such there were limited opportunities for achieving significant savings.  Examples of marginal savings include Village elected officials, justice court and municipal hall facilities costs, municipal dues, etc.

This depends on the grant and the program that the Town wishes to apply for. Please note that the area formerly known as the Village cannot apply for grants, but the Town can. Certain grants; i.e. Housing, microenterprise and CDBG grants can be applied for using a specific target area, while others may be town wide.

The Town’s preferred plan is to transfer the Village Clerk into an administrative position in the Town with one of the primary tasks being grant writing and administration.

The plan assumes that the water department equipment will be transferred to the Town to be uses specifically for the Tannersville Water District.

The Highway equipment is planned for sale.  The Town has expressed interest in certain pieces and would be offered the opportunity to buy Village equipment at a prices agreed upon by the Village prior to dissolution.  All remaining assets would go to public sale.

The plan proposes to transfer the parks and other recreation assets to the Town for continued delivery of parks and recreation services.  The plan proposes expanding the Town staff by the equivalent staff as is currently in the Village to maintain the assets.

Through discussions with the Town, the Village developed a disposition plan that includes the transfer NYCDEP buyout properties.   The Town would maintain the properties as the Village staff currently do.

The plan anticipates a process that enable the net proceeds of the sale to go to the benefit of the Village taxpayers.

The plan proposes expanding the Town staff by the equivalent staff as is currently in the Village to maintain the assets.

Pursuant to Article 17A of the General Municipal Law, all Village agreements transfer to the Town.  Should the Village electorate to dissolve and prior to the date of dissolution, a legal review of all easement, ROW and other agreements/contracts is recommended be conducted to identify specific issues that may need to be addressed.

The Village Justice Court ends the date of dissolution. If the Village is dissolved, there is no longer a Village.

Home rule as it relates to the Village of Tannersville would end with dissolution.

There was consensus from Town and Village representatives that participated in the land Use work group that the preferred approach would be for the Town to adopt “Hybrid” zoning that retains critical aspects of Village zoning unique to the Village such as the Zoning Districts and their respective regulations while streamlining generalized sections to limit redundancy and inconsistencies such as those related to administration and enforcement.

The Town may have to re-apply for the historic district designation.  The Town leadership indicated that they would do that if necessary.

Preliminarily the Town indicates that the preference is to generally maintain village specific local laws such as the adult business; however, the ultimate decision will rest with the Town Board for the final decision.

Yes, the Town Laws will apply to Village residents. Should the Village vote to dissolve, the Town’s preliminary plan relative to short term rentals would be to initiate outreach to rental property owners well in advance of the date of dissolution.

A preliminary review of Village and Town local laws was conducted during the study process and identified those local laws that would need a review prior to dissolution to determine best course of action including local laws that are similar but not exactly the same to streamline the local laws, if possible.

The proposed plan includes the creation of a water district and a lighting district; however as stated previously. Unspent and unencumbered water fund revenues are planned for transfer to the Water Fund.

Unspent and unencumbered water fund revenues are planned for transfer to the Water Fund. The plan is to use any unspent unencumbered assets to offset Village liabilities.

The Village did not opt out of NYS Cannabis program whereas the Town of Hunter opted out. The Village has one vender that submitted an application to New York State to operate an establishment. An informal opinion from the Conference of Mayors is that if the establishment is licensed at the time of dissolution, there is a reasonable case that it be grandfathered in. Should the Village elect to dissolve, the Town Board will need to monitor the status of the establishment and determine its policy direction.

If a dispensary opened in the Village, the Village would receive 75% of a 4% local excise tax imposed upon the sale and the County would receive 25%. Based on the New York State Cannabis Law, the Town does not receive a distribution because it opted out. However, post dissolution, any revenues generated by a cannabis establishment in the Village will go to the Town of Hunter to be used either as an offset to property taxes on a town-wide basis or for another purpose.

Unspent and unencumbered water fund revenues are planned for transfer to the Water Fund.  All unencumbered and unspent general funds would be used to offset Village liabilities.

The town’s preliminary plan is to bring Village employees on board; however as stated previously, all decisions will ultimately be Town of Hunter Town Board decisions. 

Village retirees at the time of dissolution will be provided the retiree health benefit as provided by the Village.  This will be a cost upon the property taxpayers of the Village until the liability ends with the last retiree turning 65 years of age.

The Town indicated that they would recognize the Village employees time in service with the Village when calculating benefits including accruing vacation, sick, etc. and in determination of the cost sharing between the Town and the employee for Town employee and retiree health insurance programs.

The Board has not taken an official or unofficial stance on dissolution. However, due to the pending petition to dissolve the village, the Village Board took the proactive step to begin the process so as to afford the residents of the community with a full plan to review prior to a potential dissolution vote. A board-initiated process provides more time for analysis than a citizen-initiated process.

The Town officials’ preliminary plan would be to continue the Village sponsored events.

Dissolution would not impact the service area defined in the existing agreement.  Please see more detailed answer to Question 23.

It is anticipated that the funding would not be lost.

The Village Board of Trustees is voting to endorse or not endorse a proposed plan of dissolution on September 12th. This is not a vote on dissolution but rather a vote to endorse this as the proposed plan to be the subject of a Public Hearing. If the Village board endorses the Plan on September 12th they are required to also call for a public hearing on the Proposed Plan. After the Public Hearing, the Board of Trustees again has the option to stop the dissolution process or  to  amend and adopt a final plan and set the date to hold a referendum by the electorate of the Village on the question: “Should the Village of Tannersville be dissolved:  Yes ___or No____.” Should the issue go to a referendum and be voted down, dissolution cannot be brought back up for 4 years. If the Village Board chooses to end the process it may do so, but the 4 year prohibition against a citizen initiated process does not apply.”

Due to the public noticing provisions, the Public Hearing being held on November 4th will not be held on Zoom. However, it will be recorded and posted on YouTube and the Plan public information website. Comments can be provided in writing to tannersvillewater@gmail.com prior to the date of the public hearing and entered into the Record.

The vote will take place on January 14th, 2025.

Public Comments

The following public comments have been submitted to the Village of Tannersville:

Frequently Asked Questions

Below you will find answers to some of the most frequently asked questions about the dissolution process. Please click on any question below that interests you to view the answer.

General Municipal Law Article 17-A provides a unified process for the dissolution of local government entities. The process is applicable to towns, villages, fire protection districts, and special improvement districts created pursuant to Articles 11, 12, 12-a, or 13 of Town Law, and other districts created by law. Under Article 17-A of General Municipal Law, there are two different methods for local governments to consider: Board-Initiated or Citizen-Initiated. 

The Board of Trustees of the Village of Tannersville has voted to explore the option of dissolution of the Village government which would result in absorption of governance and services by the Town of Hunter. As of March, 2024, the Board is in the process of applying for CREG grant funding from the New York State Department of State to produce a Village Dissolution Plan. This Plan will assist the Board and the residents of Tannersville in understanding the potential impacts of dissolution.

In addition to this Plan, the Village will host a public information meeting to answer questions regarding the process and potential outcomes as well as a public hearing during which the Draft Plan will be presented.

This is a Board-Initiated Dissolution process. The Village of Tannersville Board of Trustees voted to explore the option of dissolution of the Village government, which would result in absorption of governance and services by the Town of Hunter. The development of a Village Dissolution Plan will provide information regarding the probable impact of a potential dissolution on issues ranging from continuity of governance, to tax rates, to service delivery. Once the Draft Plan has been completed, it will be available for both the Board and Village residents to consider. 

Should the Board decide to accept the Plan, thereby advancing the dissolution process, Village residents will have the opportunity to vote on whether or not to dissolve the Village in a referendum. 

In accordance with New York General Municipal Law (GML) Article 17-A §774, the Board of Trustees of the Village of Tannersville is required to prepare a Dissolution Plan. As mandated by Article 17-A, the Plan will include the following information:

  1. The name of the local government entity to be dissolved.
  2. The territorial boundaries of the entity.
  3. The type and/or class of the entity.
  4. A fiscal estimate of the cost of dissolution.
  5. The entity’s assets, including but not limited to real and personal property, and the fair value thereof in current money of the United States.
  6. Any plan for the transfer or elimination of public employees.
  7. The entity’s liabilities and indebtedness, bonded and otherwise, and the fair value thereof in current money of the United States.
  8. Any agreements entered into with the Town in which the entity is situated in order to carry out the dissolution.
  9. The manner and means by which the residents of the entity will continue to be furnished municipal services following the entity’s dissolution.
  10. Terms for the disposition of the entity’s assets and the disposition of its liabilities and indebtedness, including the levy and collection of the necessary taxes and assessments therefore.
  11. Findings as to whether any local laws, ordinances, rules or regulations of the entity shall remain in effect after the effective date of the dissolution or shall remain in effect for a period of time other than as provided by GML Article 17-A §789.
  12. The effective date of the dissolution.
  13. The time and place or places for a public hearing or hearings on the proposed dissolution plan.
  14. Any other matter desirable or necessary to carry out the dissolution.

The Village Dissolution Plan will also provide information regarding the probable impact of a potential dissolution on issues ranging from continuity of governance, to tax rates, to service delivery.

General Municipal Law (GML) Article 17-A lays out the legal process for a Board initiated dissolution. In accordance with Article 17-A, the Village Board must accept by resolution the Village Dissolution Plan in order to further the dissolution process. To learn about the full process of a Board initiated dissolution, click HERE.

No. The Town of Hunter will have no vote in the Village’s dissolution process. This is considered a local government decision. Only the residents of the Village of Tannersville are permitted to participate in the referendum.

Yes. Please use THIS LINK and then select “Villages Dissolved Since 1900” to access the New York State Department of State’s list of dissolved villages.

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