Questions from www.labergegroup.com
As most Highland Falls and Fort Montgomery residents know, there is a dissolution vote pertaining to the Village of Highland Falls set for November 8.
Driven by a citizen-submitted petition, if voters vote to dissolve the village, over the course of the next several years a plan will be created to turn over all governmental functions of Highland Falls to the Town of Highlands.
The Village of Highland Falls has hired a firm, Laberge Group, to create an interim dissolution plan that will be presented to residents of the community in October.
Each week, Laberge updates the ‘Frequently Asked Questions’ section of a section of their website that is devoted to the Highland Falls dissolution vote. With the permission of Laberge, here are are some of the questions that community residents have submitted, and the answers, put together by Laberge.
For the complete list of questions and answers, visit www.highlandfallsny.org and click on the banner headline that says ‘Link to Laberge Group’. The News plans to feature more of these questions in future weeks.
What is a Dissolution Plan?
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 Village of Highland Falls has not yet voted on whether or not to dissolve, therefore a Dissolution Plan is not required. However, due to the filing of a citizen-initiated petition to dissolve, the Village Board has determined it appropriate to develop an Interim Study of Dissolution to assist the residents of Highland Falls in understanding the effects and costs of dissolution, as well as any potential alternatives that may be preferred prior to the vote on dissolution. In addition to this Study, the Village will host public information meetings to answer questions regarding the process and potential outcomes. If a grant is awarded, the Study and meetings may be funded by the New York State Department of State, however the CREG program grants have not been made available for application
Was this a Board-Initiated or Citizen-Initiated Dis-solution process?
This is a Citizen-Initiated Dissolution process. On July 2, 2021 the electorate of the Village of Highland Falls submitted a petition for dissolution in accordance with the Article 17-A of General Municipal Law. The petition contained 346 valid signatures.
I’m a soon-to-be first time homeowner in this Village. If I buy property before this possible vote would I be considered part of the legacy? Or would it make a difference if I buy property after the dissolution?
If residents of the Village vote to dissolve the Village, all Village property owners will be in the legacy district and responsible for paying down the outstanding debt, regardless of whether the property is purchased before or after the referendum and a potential dissolution of the Village.
If the Village dissolves, what happens to the property the Village owns?
Should the Village residents choose to dissolve, as part of the required Final Dissolution Plan, the Village will create a plan for the disposition of its assets (including vehicles, equipment, buildings and properties). The Village can sell any or all of its assets prior to the dissolution and use the funds to pay off outstanding debts.
If the Village dissolves, any and all assets become the property of the Town.
Will there be a plan to go forward if the voters approve the dissolution of the Village on November 8th? If there is a plan does the Town have to follow it?
The answer to the first question is yes. Should the voters’ approve dissolution on Nov. 8, the Village will be required to develop and adopt a Final Plan of Dissolution per Article 17-A of the NYS General Municipal Law. The Plan must be approved within 180 days, provided to the public and the village must hold a public hearing. They then have to adopt the plan and the plan is subject to permissive referendum. If there is no petition submitted within 45 days, then the plan is set into motion. If there is, then there will be a second vote on dissolution.
The answer to the second question is no. The Town is not required to participate, adopt or follow the Dissolution Plan.
