THOMPSON - At 2:48 a.m. on Thursday, January 18, 2024, Fallsburg and Thompson Supervisors were served an Order To Show Cause, directing them to proceed with the previously canceled referendum vote. 

The decision to postpone the vote, originally set for Thursday, January 18, 2024, was because of the legislative changes made to the new bill for establishing new villages in New York.

In response to the Order To Show Cause from the attorneys  of the proposed Villages of Ateres, the Honorable Stephan Schick said the election can still proceed despite the final votes not being made in the New York Assembly. 

According to the press release, the votes do not need to be certified at this time. The vote was held at the Khal Toras Chaim Viznitz Shul Gibbers near Kiamesha Lake. 

What’s happening in Albany? 

Senators James Skoufis and Andrea Stewart-Cousins introduced updated village incorporation bills in June 2023, which received support in both the Senate and the Assembly of New York. The aim was to modernize existing legislation, which had undergone minimal changes since the late 1800s.

Governor Kathy Hochul signed these bills into law on December 22, 2023, ushering in a shift for New York from a "minimal review" approach to a more comprehensive evaluation and approval process for new municipal entities.

As of January 1, 2024 the new law has come into effect, mandating retroactive application to all pending petitions.

Under the previous village law, only 500 people were required to incorporate a new village. The updated law raised this threshold to 2000. 

Furthermore, the revised legislation mandated a thorough fiscal and administrative viability analysis for proposed villages, considering aspects such as taxation, bonding, and the provision of essential services like sewer, water, fire, and police. 

The creation of a new Village Incorporation Commission, consisting of state representatives from the offices of the Attorney General, the NYS Comptroller, and the Department of State, aimed at overseeing, reviewing, and approving new village petitions, thereby easing the burden on local town supervisors.

Governor Hochul, through chapter amendments, negotiated changes to the law, reducing the required population from 2000 to 1500 persons. 

Additionally, exemptions were granted to two of the three pending petitions in New York – the proposed Villages of Ateres in Sullivan County and Edgemont in Westchester County. 

The third proposed village of Seven Springs in Orange County did not receive an exemption. Ateres, spanning the Towns of Thompson and Fallsburg, was exempted from all new law requirements as its referendum vote was scheduled before the law was signed.

However, Hochul's proposed changes necessitate approval from both the Senate and the Assembly to become law. While the Senate approved these modifications on January 9, 2024, through chapter amendments, the Assembly has yet to take action. 

The Assembly adjourned and is set to reconvene on Monday, January 22, following the referendum vote on Ateres. Consequently, the current law in the State of New York remains as the original bills approved on December 22.

Additionally, the updated law would necessitate a comprehensive analysis of financial sustainability, taxation matters, and the overall viability of the proposed village.

If the Assembly approves the amendments, the new village vote count can proceed. 

In a previous statement, Rieber stated, “We are taking no definitive action on the matter until final determinations are made by the Assembly, and at that point, we will move forward pursuant to the Law, as it will exist.”

This story was edited to reflect updated information announced after the physical  print's presstime on January 18.