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1999-09-22 SPECIAL TOWN BOARD MEETING SEPTEMBER 22, 1999 2:00 P.M. MTG. #31 RES. 323 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN PLINEY TUCKER TOWN BOARD MEMBERS ABSENT COUNCILMAN DOUGLAS IRISH TOWN COUNSEL-MARK SCHACHNER AND BENJAMIN PRATT SUPERVISOR CHAMPAGNE-Opened the Meeting This meeting originally was scheduled for Attorney Client Privilege as a result of the vote on Monday night it was the Chairman's prerogative to recall the vote on the Library issue. I recognize that Mr. Turner was absent, I did call Mr. Turner and invited him down if he could possibly make it and he agreed and therefore this vote will come before the board today. Before we do that I would call on the Town Counsels to describe the legality involved here and our rights and privileges as we move into this resolution. TOWN COUNSEL BENJAMIN PRATT-The resolution that was proposed Monday evening at the last meeting was for the purpose of placing the Crandall Library issue on the ballot for the November Election. It in effect would create two issues on the ballot, one the election of a trustee representing Queensbury and two the budget. The action that was proposed for Monday night did not pass was and administrative action involving placing those matter on the ballot for the November election. It was not the Board taking a position as to whether or not those things were a good idea or should be passed or any of those things. Yesterday, we were asked to advise the Board with respect to what we believe the result would be if the Library issues were not on the ballot and what we did was to look at the enabling legislation and to consult with some other folks who were involved in creating this legislation. The legislation that created the library in 1992 basically provides the answers to the questions you asked. In otherwords what would be the legal impact of not placing the matter on the ballot. First with respect to the trustee issue, Queensbury has a certain number of representatives on the Library Board it is in accordance with population, six, one of those representatives has expired a new person will be for election, as a result of the expiration of the existing term which will occur on December 31st. if a new person is not selected to fill that spot the Town of Queensbury will be short representation on that Board. In other words the Board of Trustees instead of having six representatives from Queensbury will have one fewer then it ought to have. The Library Board or the Town Board neither one can fix that problem until another election because it is not possible to appoint someone to a term that has expired. So, if this election opportunity does not occur in the Town the Town will be short a Library Board Member for at least another year. With respect to the budget issue, the initial Crandall Library vote called for its initial budget back in 92 or 93, called for a vote that required a majority of each municipality. In other words the Town of Moreau had to have a majority vote approving the Library budget the City of Glens Falls did and the Town of Queensbury did, if either one of those municipalities had voted against it the budget would not have passed. However, for subsequent votes the statues provides that only the majority of the qualified voters of the municipalities casting votes at an election are required. In other words it doesn't require a majority in each municipality only a majority in the district of those voting. As a result if it is not on the ballot in Queensbury then the voters in Glens Falls and Moreau will determine the budget issue for the Town of Queensbury. If the budget passes the Town of Queensbury will be obligated to collect taxes in accordance with that new budget, so that in effect is what happens, if the Library proposals do not go on the ballot and if the Town folks do not get an opportunity to vote on these issues there will be one fewer trustee representative from the Town of Queensbury and the budget decision will be made by the other two municipalities. That is the legal impact of what happens. COUNCILMAN TUCKER-Who authorized the resolution, can you do it on your own? SUPERVISOR CHAMPAGNE-Sure, anyone of us. TOWN COUNSEL SCHACHNER-Any Town Board Member at any time as you have done as others have done if you want a resolution on the agenda any Town Board Member can request a resolution. It is my understanding that Fred and Dick both requested that this resolution be on today. COUNCILMAN TUCKER-I do not want to be a part of this at all now, can I sit here or do I have to leave the room? TOWN COUNSEL SCHACHNER-You can stay, you can abstain. COUNCILMAN TUCKER-I am not abstaining I am not voting against it I do not want any part of it. I want to know what the legal ramifications are? TOWN COUNSEL SCHACHNER-You have no obligation to take part legally you can if you wish but you are not obligated. SUPERVISOR CHAMPAGNE-I will entertain a motion.. COUNCILMAN MERRILL-I will introduce the resolution COUNCILMAN TURNER-I will second. SUPERVISOR CHAMPAGNE-Now is there further discussion? Any further discussion from the Board Members, asked for public comment. . . MRS. BARBARA BENNETT -How does this effect Glens Falls and Moreau? Have they already decided? SUPERVISOR CHAMPAGNE-It is my understanding that their resolution is in place to move it to the ballot. We are the last part of the district I guess you could say to move it. MRS. CHARLES ADAMSON-Every year you have to resolve to put it on the ballot? SUPERVISOR CHAMPAGNE-Yes. Their budget it submitted to the Town Board the Town Board reviews their budget and if they feel comfortable with that it is then moved by resolution to put it on the ballot. MR. CHARLES ADAMSON-Spoke to the Town Board regarding a branch library, asked for more information. MR. JACK IRION-The expansion committee agreed that we would recommend to the Board of Trustees that 1. The present site be the site for expansion and addition 2. Parking accessible for families, senior citizens and handicapped need to be procured 3. Increase outreach programs.. Noted that a consultant was hired regarding the expansion and they indicated that branches would be very expensive not only initially but also costs of staffing, duplication of services and materials. . . Survey done Mid June through Mid July.. . feelings on branch library 449 responded 37 yes for branch library 412 no.. . another survey 21st of August through yesterday-using EMail or stopping into the Library etc. 43 responses, 39 not in favor of branches and 4 in favor of branches. . .24 of those 43 were from Queensbury and only three of those favored a branch. Based on the Consultants decision, the responses we received from the residents in the community and the feeling that we have a responsibility to keep expenses as low as we possibly can for the taxpayers in the three communities it was felt at this point branches are not a responsible way to move financially. MR. DANIEL STEC-I have two points and observations what was said about the legal ramifications I think it would be irresponsible for the Town Board to turn over the responsibility of setting taxes in Queensbury to the Town of Moreau and the City of Glens Falls voters, which is what would happen if it doesn't go on the ballot. . . and 2 It does an injustice to the voters to not let the voters have a say so aye or nay. . . SUPERVISOR CHAMPAGNE-Noted that the phone calls that had been received want to have the right to vote. . . this would be open government giving the people the right to choose. COUNCILMAN TUCKER-How many times did we try to put on the ballot to give the people the opportunity whether they wanted to stay in the taxing district or get out of it what was the vote on that Fred? SUPERVISOR CHAMPAGNE-There was even a question from a legal perspective as to the rights and privileges that the Town had to break away from that given time and I understood there were a number of issues that we had to deal with in order to get where you wanted to go with that one. COUNCILMAN TUCKER-All we were asking was that the people be given an opportunity with what they wanted to do, the legal issues would come up if they wanted to get out of it. What was the vote, Fred. COUNCILMAN MERRILL-That was never put to a vote, Pliney., COUNCILMAN TUCKER-It was put to a vote on the Board, three to two. SUPERVISOR CHAMPAGNE-Didn't we do a survey in the Town Recorder...I cannot remember the numbers now it was slanted heavily to staying with the district. COUNCILMAN TUCKER-This guy has made speeches about open government he has talked to the newspaper and said we are denying the peoples rights yet he is doing the same thing when we won't allow it to go on the ballot. COUNCILMAN MERRILL-What would you want to go on the ballot, Pliney? COUNCILMAN TUCKER-Whether they want to stay in the district or not. COUNCILMEN MERRILL-Without knowing the cost of starting your own Library system? COUNCILMAN TUCKER-Without knowing the cost of what this thing is going to cost. COUNCILMAN MERRILL-We have the budget here, I want a voice in the budget. MRS. ADAMSON-The slant on this is wrong we were always given a choice of a branch library instead of the consideration ever going to the fact that ten million dollars to remodel a library rather than doing something like they did in Saratoga where you put your ten million dollars, their's is eight million with seventy parking places and a brand new building. If it had very been expressed to the Town of Queensbury, look we can remodel the Glens Falls Library for a million we can take nine million and build a new Library in Queensbury, we are not talking branch we are talking co-equal libraries . . . . . . spoke about the increases each year in the amount of dollars that Queensbury pays to the support of the library..are we going to go up fifty to a hundred thousand year after year and still have to go to Glens Falls to use their Library... re: Assessor how many hours are spent in Glens Falls how much does Queensbury pay for her salary vs. Glens Falls SUPERVISOR CHAMPAGNE-If the Town of Queenbury Citizens feel that the ten million dollar library is of a concern certainly that will be on the ballot a year from now, that will be the time we deal with that issue. The issue today is do we choose to give our citizens an opportunity aye or nay the budget next year toward the year 2000 budget for the library. Regarding the branches noted he needed to know more... MR. ADAMSON-Questioned where the ten million dollar figure came from for the library expansion.. COUNCILMAN MERRILL-Noted that the costs are not known yet. MR. IRION-We do not have any plans yet... CHRISTINE MCDONALD-CRANDALL LIB.-Noted that was a ball park figure... SUPERVISOR CHAMPAGNE-Spoke about public informational meeting in the future on the Library expanslOn. Vote taken RESOLUTION AUTHORIZING PLACEMENT OF PROPOSITIONS REGARDING CRANDALL PUBLIC LIBRARY DISTRICT ON BALLOT RESOLUTION NO.: 323.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls in Warren County, the Town of Moreau in Saratoga County and the Town of Queensbury in Warren County, and WHEREAS, this legislation provides and the Board of Trustees of Crandall Public Library has authorized that the propositions relating to the Crandall Public Library District be placed on the ballot at the General Election to be held on November 2nd, 1999, and WHEREAS, the propositions to be determined are as follows: 1. Whether the annual budget for 2000 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; and 2. The election of one trustee from the Town of Queensbury to the Crandall Public Library District Board; and WHEREAS, the Crandall Public Library Board of Trustees has requested that the Town of Queensbury adopt a Resolution authorizing placement of the propositions concerning these issues on the ballot of the November 2nd, 1999 General Election for the voters' approval or disapproval, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves and authorizes the following two (2) propositions pertaining to the Crandall Public Library District and requests that they be placed on the ballot in all Town of Queensbury voting locations on the General Election Day, Tuesday, November 2nd, 1999: [l] BUDGET The proposed 2000 budget of the Crandall Public Library District is $1,733,684.80 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $511,129.29. Shall the proposed budget be approved? [2] TRUSTEES TO BE ELECTED For a vacancy upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for one: Paul Buchman and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to transmit a certified copy of the text of these two (2) propositions to the Board of Elections or other appropriate officials. Duly adopted this 22nd day of September, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Irish Councilman Tucker opted not to participate in the vote Board moved into Attorney Client Privilege. Meeting adjourned. Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury