DISSOLUTION PLAN OF THE VILLAGE OF SCHUYLERVILLE
Adopted by Village Board: January20th, 2011 as corrected on January 27 2011 and amended,
th
Vote of Dissolution: Tuesday March 15 , 2011 Noon to 9pm
PROPOSITION NUMBER 1:
PROPOSITION FOR THE DISSOLUTION OF THE VILLAGE OF SCHUYLERVILLE,
DISPOSITION OF VILLAGE PROPERTY, PAYMENT OF VILLAGE’S OUTSTANDING
OBLIGATIONS, ESTABLISHMENT OF TOWN SPECIAL IMPROVEMENT DISTRICTS,
AND ESTABLISHMENT OF THE SCHUYLERVILLE FIRE DISTRICT OR FIRE
PROTECTION DISTRICT .
Shall the Village of
Schuylerville Saratoga
County, New York, be dissolved
pursuant to Article
19 of the New York State
Village Law as set forth in
the Plan of Dissolution
adopted by the Village
Board on Jan. 11, 2011 (the
“dissolution plan”) and amended , which
incorporates the Dissolution
Report and Plan dated
November 1, 2010 prepared by
the Village Dissolution
Study Committee, with the
understanding that the
Town of Saratoga has
not agreed to provide fire protection
service in either of options
proposed and described in the dissolution
plan?
YES
NO
1.) GENERAL GOVERNMENT SERVICES .Following the dissolution of the Village of
Schuylerville, the Town of Saratoga will assume the duties and functions of the Village and
continue to provide certain services once provided by the Village. The cost of certain specific
services may be met by fees or taxes levied on real property located within the bounds of
this Dissolution Plan established by the Town Board as explained in paragraphs 5,6, 7,8,
10,.11,12.13,14
2.) LOCAL LAWS AND ORDINANCES In accordance with Village Law Section 19-1910, all
Local Laws, Ordinances, Rules and Regulations of the Village of Schuylerville that are in
effect on the date of the dissolution of the Village will be enforced and administered by the
Town of Saratoga for a period of two (2) years from the date of dissolution, unless the Town
of Saratoga deems otherwise. At the end of the two (2) year time period all Local Laws,
Ordinances, Rules and Regulations of the Village of Schuylerville will become null and void
unless the Town Board of the Town of Saratoga enacts certain Village laws or ordinances as
the Town’s own laws and ordinances.
3.) POSITIONS ELIMINATED. The offices and positions of Mayor, 4 Village Trustees, DPW
Working Foreman, Code Officer, Village Clerk-Treasurer, Deputy Village Clerk-Treasurer,
Village Historian, Village Attorney, Visitors Center Director, Crossing Guard, Fire Chief,
and all other miscellaneous Village positions, shall be abolished upon the dissolution of the
Village of Schuylerville.
4) TOWN HIRING With exception of the positions of Mayor, 4 Trustees, Fire Chief, the Town
of Saratoga may hire all current Village employees.Such employees shall be retained by the
Town for at least one year (January 1 2013-December 31, 2013) as the Town established
appropriate staffing levels for the continuation of services provided to the former Village
These individuals will become paid employees of the Town and will be governed by the
employment terms and conditions of the Town of Saratoga and NYS Civil Service Laws
There is no agreement in place with the Town at this time concerning future
employment of any Village employees
5) FIRE PROTECTION DISTRICT. The Schuylerville Hose Company was organized on
August 15, 1936. The fire department was re organized as the Schuyler Hose Company on
November 16, 1953 and incorporated in 1973. At the time of dissolution of the Village, or at
earlier the Town Board of the Town of Saratoga will create and establish by resolution a
Protection Fire District or alternatively the Town will create a Fire District. The costs of
providing fire service will either be undertaken by the Town through Fire Protection District or
through creation of a Fire District which will be met by taxes levied on the benefited real
property located within the bounds of the Schuylerville Fire District.
6) ASSETS AND DEBTS REGARDING VILLAGE- SCHUYLER HOSE COMPANY. At time
of dissolution of the Village or at an earlier date, the Board of Trustees of the Village of
Schuylerville will transfer to either a fire district operated and governed by Fire
Commissioners or to the Town of Saratoga if the Town establishes a Fire Protection
established all real property, building (municipal building and parking lot), personal
property, fire vehicles, and equipment owned by the Village. Additionally the debt will be
assumed (approximately $337,000) by either the Fire District or Fire Protection District.
The Fire District Commissioners on behalf of the Fire District or the Town on behalf of the
Fire Protection District will negotiate a fire contract with the Schuyler Hose Company.
Paragraphs 5 and 6 clarify New York Law regarding the conveyance of fire property,
equipment and fire related debt. The Town of Saratoga has not indicated their intent as
whether there will be a fire protection district or a fire district established. Additionally the
Town of Saratoga has not entered into any negotiations with the Schuyler Hose Company
regarding fire service within the Village.
7) WATER DISTRICT The Town Board of the Town of Saratoga will create and establish by
resolution a Special Improvement District to be known as the “Schuylerville Water District”
as provided by Section 19-1914 of the Village Law and by Articles 12 and 12-A of the Town
Law. The operation of this district will be subject to the decisions of the Town Board and the
terms contained in inter municipal agreement with the Village of Victory—Known as the
Joint Schuylerville/Victory Board of Water Management . Costs of operating the Water
District will be met by user fees levied on real property owners who own land within the
Water District’s boundaries and whose property receives water from the public water system.
All of the real property lying within the bounds of the Water District will be subject to the
indebtedness of such district, including any outstanding obligations and bonds .All
properties, facilities, infrastructure, and equipment used by the Village for operating and
maintaining the water system will be turned over to the Town at no cost.(subject to the terms
of the inter municipal; agreement with Village of Victory) The boundary of this District will
be coterminous with the boundary of the Village of the Schuylerville unless district
establishes different boundaries. All of the Village’s interests, rights and obligations in the
inter municipal water agreement with Village of Victory will be assigned to the Town of
Saratoga. Any debt relating to the purchase of equipment or infrastructure for the operation
of the water system will be charged upon users of this system (approx $1.819M).
Representatives to serve on the Joint Management Board formerly appointed by the Village
of Schuylerville Board of Trustees will be appointed by the Saratoga Town Board.
.
8) SEWER The Town Board of the Town of Saratoga will create and establish by resolution a
Special Improvement District to be known as the “Schuylerville Sewer District” as
provided by Section 19-1914 of the Village Law and by Articles 12 and 12-A of the Town
Law. The operation of this district will be subject to the decisions of the Town Board and the
terms contained in the Sewer Agreement with the Village of Victory. Costs of operating the
Sewer District will be met by user fees levied on real property owners who own land within
the Water District’s boundaries and whose property receive sewer service All of the real
property lying within the bounds of the Sewer District will be subject to the indebtedness of
such district, including any outstanding obligations and bonds .All properties(real and
personal), facilities, infrastructure, tools ,vehicles and equipment used by the Village for
operating and maintaining the Sanitary system including the Waste Water Treatment Plant,
pumping stations will be transferred to the Town at no cost.(subject to the terms of the sewer
agreement with Village of Victory) (estimated Value of approximately $4.6 M) The
boundary of this District will be coterminous with the boundary of the Village of the
Schuylerville unless district establishes different boundaries. All of the Village’s interests,
rights and obligations in the sewer agreement with Village of Victory, waste water operating
agreement with United Water, construction engineering contract with AECOM. , Small
Cities Community Development Grant for ultra violet disinfectant system, NYS DEC Round
9 grant for ultra violet disinfectant system and NYS EFC grant loan (CWSRF) program
($13.9M) will be transferred and assigned to the Town of Saratoga. Any cost, debt relating
to the purchase of equipment, vehicles, tools, or infrastructure construction, reconstruction
for the operation of the sanitary sewer system including Treatment Plant, pumping stations
will be charged upon users of this system. (Currently $1.2M). Additionally the Village
assigns all of its rights, interests, obligations, responsibilities including compliance schedule
contained with the NYS DEC Order on Consent to the Town of Saratoga.
9) SCHUYLERVILLE PUBLIC LIBRARY. Currently the library is chartered as a Village Library
with the village as the defined service area. Library staffs are employees of the Village,
though the employees report to the Board of Directors of the Library. Maintenance of the
building located on Ferry Street is presently provided by the Village. Ownership of all
library assets including land and building on Ferry Street will be transferred to the
Schuylerville Public Library or its successor upon effective date of the dissolution or at an
earlier date agreed upon by the Village Board and the Schuylerville Public Library Board of
Directors. These assets will be used for the provision of services by the Schuylerville Public
Library to residents and property owners with the former boundaries of the Village. In the
event the any of these Library assets are sold or transferred to another party or otherwise
removed from service, any proceeds received shall be used first to pay any outstanding
principal or interest on former Village debts and thereafter for another use benefiting the
residents and property owners in the former Village area. No debts are to be transferred by
the Village of Schuylerville to the Schuylerville Public Library.
Presumably the employees of the Library will be under the same provisions as contained
in paragraph 5 that they shall be retained by the Town for at least one year (January
1 2012- December 31, 2012 as the Town established appropriate staffing levels for the
continuation of services provided by the former Village. These individuals will become
paid employees of the Town and will be governed by the employment terms and
conditions of the Town of Saratoga and NYS Civil Service Law.
10.) GARBAGE, REFUSE, RECYCLING Following the dissolution of the Village, the Town of
Saratoga may consider service that would provide garbage, refuse and recycling collection
services to all real properties located within the former Village. The Town Board of the
Town of Saratoga may create and establish by resolution a Special Improvement District to
be known as the “Schuylerville Garbage, Refuse and Recycling District” as provided by
Section 19-1914 of the Village Law and by Articles 12 and 12-A of the Town Law. The
operation of this district will be subject to the decisions of the Town Board.
11.) LIGHTING DISTRICT The Town Board of the Town of Saratoga will create and
establish by resolution a Special Improvement District to be known as the “Schuylerville
Lighting District” as provided by Section 19-1914 of the Village Law and by Articles 12
and 12-A of the Town Law. The Town will assume responsibility for maintenance and
repair of all streetlights within this District. The operation of this district will be subject to
the decisions of the Town Board. Costs of operating the Lighting District will be met by
taxes levied on the benefited real property located within the bounds of the Lighting
District. The boundary of this District will be coterminous with the boundary of the
Village of Schuylerville
12) SIDEWALK DISTRICTS The Town Board of the Town of Saratoga will create and
establish by resolution a Special Improvement District to be known as the “Schuylerville
Sidewalk District” as provided by Section 19-1914 of the Village Law and by Articles 12 and
12-A of the Town Law. The Town will assume responsibility for maintenance and repair of
all sidewalks within this District. The operation of this district will be subject to the decisions
of the Town Board. Following the dissolution of the Village, the Village will turn over to the
Town of Saratoga, at no cost, all equipment and supplies used by the Village for maintaining,
repairing, and clearing snow from sidewalks. Costs of operating the Sidewalk District will be
met by taxes levied on the benefited real property located within the bounds of the Sidewalk
District. The boundary of this District will be coterminous with the boundary of the Village
of the Schuylerville.
13) STREETS, TREES AND BEAUTIFICATION The Town Board of the Town of Saratoga
may create and establish by resolution a Special Improvement District to be known as the
“Schuylerville Streets ,Trees and Beautification District” as provided by Section 19-1914 of
the Village Law and by Articles 12 and 12-A of the Town Law.
14) CELEBRATIONS, EVENTS, PARADES AND HOLIDAY FESTIVALS. These events
have occurred within the Village of Schuylerville in the past and were part of the Village’s
budget. It is unknown if these events are to continue and how the events would be paid
(either a town wide charge or charge within the Village)
15) DEBT ASSUMPTION The Town of Saratoga will assume any and all outstanding debts and
obligations of the Village of Schuylerville. Debt owed by the Village is for public water
system, public sanitary sewer and waste water treatment plant, storm sewer, highway
equipment. In accordance with Village Law Section 19-1912, this debt will be levied on real
property that lies within the boundaries of the Village of Schuylerville until it is paid off.
16) SAVINGS Any net savings resulting from the dissolution of the Village of Schuylerville will
be used by the Town of Saratoga to reduce the indebtedness of the former Village of
Schuylerville and/or to enhance the services provided by the Town to the former Village
through the Town’s Special Improvement Districts. Any such savings will not be applied
towards services located outside the former Village of Schuylerville.
17) REAL PROPERTY The Village of Schuylerville will turn over, at no cost, to the Town of
Saratoga all real property and miscellaneous property not specifically disposed of in the
preceding paragraphs. Town will take subject to any restriction, covenants and others rights
contained on the deeds of the real property
18) AGREEMENTS BETWEEN THE VILLAGE AND THIRD PARTIES - In accordance
with Village Law Section 19-1912, all existing Village contracts INCLUDING BUT NOT
LIMITED TO THE FOLLOWING:
fire service agreements with surrounding Towns for Fire Protection Services including Town
of Saratoga, Northumberland, of Easton, and Greenwich,
with County of Fulton for disposal of sludge from the Village’s Waste Water Treatment Plant,
with Village of Victory Inter Municipal Sewer Agreement, Joint Water Board management
Agreement June 22, 2001 with amendments
with the Village of Victory, Waste Water Transportation and Treatment Services Agreement
dated May 1992 with amendments
with United Water for operation and maintenance of Schuylerville’s Waste Water Treatment
Facilities
with NYS DEC Second Amended Order on Consent dated July 2010 regarding the Waste
Water Treatment Plant and related sanitary and storm sewer system (Case No. R5-2000315-07)
with NYS DOH agreements regarding the Joint Water System,
with AECOM for construction engineering contract waste water for improvements waste water
treatment plant and related services dated December 17, 2011
with NYS EFC financing for village’s waste water treatment plant, sanitary and storm
reconstruction project (Clean Water State Revolving Fund-CWSRF),
with NYS DEC for round 9 application funding for ultra violet disinfectant system at waste
water treatment plant,
with NYS community development block grant small cities grant for sidewalks and ultra
violet funding funds for waste water treatment plant administered through Office of
Community Renewal ,
with grant agreement of HOME grant administrated through the Office of Community
Renewal
with contract with Marvin and Company for NYS Main Street program and Community
Development Rehabilitation Program,
with agreement with Schuylerville Youth Center, joint swimming program,
with agreements with any Youth agencies or organizations,
with any PILOT (Payment in lieu of taxes) agreements,
with Time Warner Cable Franchise Agreement
with Time Warner Security Alarm System at Waste Water Treatment
shall be transferred to the Town of Saratoga upon effective date of dissolution of the
dissolution of the Village of Schuylerville and become obligations of the Town.
19) VILLAGE BOOKS AND RECORDS - In accordance with Village Law § 19-1906, upon
dissolution of the Village, all of its records, books and papers shall be deposited with the Clerk
of the Town and shall thereupon become part of the Town records.
20) IMPACTS ON RETIREES. There is no agreement in place for continuation of any health
insurance benefit for retirees of the Village and or employees retiring prior to dissolution
21) BUILDINGS AND OTHER ASSETS (real and personal). The ownership of all buildings
assets such as vehicles, equipment and real and personal property will be transferred to the Town
to be utilized as required to provide services. Excess or unnecessary property, assets or
equipment will be sold and the proceeds will be used to pay down Village debt unless otherwise
noted herein or subsequent documents. Real property owned in Easton by the Village may
contain reversionary language to prior owner. If Town retains ownership of said Easton Property
all harvest timber proceeds from this property shall accrue to reduce costs for users of the water
operations within the former village limits. If Town retains ownership and is able to sell the
property; process shall accrue to the reduce the cost of the water operations for users within the
former village limits
22) ARBITRATION/LITIGATION. The Town shall assume responsibility to continue the
current village’s arbitration case and or any court proceedings against the Village of Victory
regarding enforcement of the current sewer agreement with Victory including but not limited to
collection of monies owing to Schuylerville by Victory. Any funds received from either
arbitration and or court proceedings in the Victory sewer dispute shall be credited back to the
Village’s share of sewer operating budget. Town assumes responsibility for defending all
pending lawsuits against the Village
General Statement to the Dissolution Plan
NOTE that there are no agreements, contracts and or resolutions by the
Town of Saratoga Town Board between the Village and Town relating to the
Dissolution Plan and proposed level of services. The implementation of
certain aspects of the Dissolution Plan is subject to the Town's discretion.
* State Law mandates that a village dissolve on the last day of December in
the year following the year in which the dissolution vote is held. Therefore,
with the dissolution vote being held on March 15, 2011, the Village will
officially dissolve on the last day of the following year, which is December 31,
2012 should voters approve this proposition to dissolve the Village of
Schuylerville.