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1991-08-21 SPECIAL TOWN BOARD MEETING AUGUST 21,1991 7:15 p.m. MTG#36 RES#460-464 TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan TOWN BOARD MEMBERS ABSENT Councilman George Kurosaka Councilman Potenza, Acting As Deputy Supervisor Opened the Special Meeting RESOLUTION TO MOVE MEETING TO CRANDALL LIBRARY RESOLUTION NO. 460, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board hereby adjourns to move to Crandall Library to meet with the Crandall Library Board of Trustees and Board Members of the City of Glens Falls and Town of Moreau to discuss the proposed taxing district. Duly adopted this 21st. day of August, 1991 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mr. Kurosaka, Mr. Borgos (Meeting now at Crandall Library) (Supervisor Borgos entered the meeting) Joint Meeting chaired by Mr. Krogmann those in attendance Members of the Crandall Library Board of Directors and Members of the Town of Moreau Town Board and Town of Queensbury and interested members of the public Mr. Krogmann opened the meeting noting that the City of Glens Falls had not entered the meeting, City Mayor had noted a previous commitment...reviewed the history of the Library taxing district..introduced Mark Lebowitz, Chairman of the improvement district committee Mr. Mark Lebowitz-led discission on modification of the legislation...base legislation remains as proposed...1. The approval of the district would be by majority of the voters in each of the involved municipalities rather than by the majority vote of the voters in the district as a whole...adopted by the executive committee 2. The initial election regarding the creation of the district, that election should be held at all of the polling places which are used in the general election in each of the municipalities, the executive committee also adopted that proposal 3. All bonding for capital improvements would be subject to a permissive referendum... agreed to by the executive board... 4. Question regarding bonding, whether all bonding should be first approved by the governing body of the involved municipality/a related question how and if any particular community should bond the project...Attorney Dusek has done some research regarding if the bonding could be exempted from the municipal bonding limit, Mr. Dusek conclusion was no it could not, it would be included against the bonding of a particular municipality...the second question was whether any particular bond could be allocated among municipalities as far as applying against their bonding limit but yet maintain a single bond in order to reduce the expense of the bonding process, Mr. Dusek's conclusion after looking into that, that could be done...the executive committee did not come to a conclusion in respect to the question of approval of the municipalities on bonding... 5. Question of how the revenues that need to be generated from the municipalities in order to finance the budget of the library should be allocated...based on purely assessed valuation or based on population of the municipalities once the share is determined that revenue would be raised by taxes...this was not acted upon by the executive committee...requested a consensus so that this can go and be enacted into law... Discussion held on bonding-Councilman Montesi, discussed the credit rating and how it is effected by bonding limitations...Mr. Lebowitz, it is my understanding that although the amount of bond would be allocated among the municipalities it could be handled as a single bond...Attorney Dusek-That is generally true there are a number of complexities in bring it together... Discussion held on taxing formula... Supervisor Borgos-based on current per capita Qsby. at 44% of the money to be raised... assessed value method Qsby. 60.8% noted census figures only change once every 10 years, equalization rate changes every year...recommend that we look at a compromise 50% of the dollars based on per capita and 50% on assessed value Qsby. share 53% Moreau 22% and Glens Falls 24% Moreau under my proposal would be $150,000 where it was $133,000 under assessed value or $169,000 under per capita Queensbury would look like $350,000 compared with $294,000 per capita and $400,000 on assessed value Glens Falls would be approximately $160,000 vs. $195,000 per capita or $123,800 per assessed value Supervisor Mike Sullivan-We feel the correct way is by assessed valuation...we feel the problem is the lack of contribution from the larger areas is putting a strain on the building you cannot collect the capital from Hudson Falls, Fort Edward, Lake George and Warren and Washington Counties...I do not think this is subject to compromise... Councilman Monahan-Questioned Moreau ...when do you intend to do another reval the last was in 1981... Supervisor Mike Sullivan-We do not have a planned reval....noted that our conceptual approval was on assessed valuation... Councilman Monahan-spoke on the equalization rates ...noting that it is two years behind the times... The lake area association has already taken a stand against using assessed value... Supervisor Borgos-My proposed formula for a $100,000 assessed home in Qsby. would be approximately 28 cents per thousand... $28.00 for the library... Councilman Monahan-Noted that the businesses at the million dollar half mile would be impacted by this... Mr. Krogmann-Noted that if the municipalities cannot find a more acceptable alternative it is possible that the district would not be created...the Library Board is saying to the municipalities help us here resolve whatever the differences are, reach a compromise....asked if the formula that Mr. Borgos has suggested would that be acceptable to Moreau? Supervisor Sullivan-No Councilman Potenza-Where does the City stand on this proposal? Mr. Lebowitz-The City gave conceptual approval to the district and they had been supplied with the proposed legislation.. .listed as assessed value... Councilman Monahan-If we are going to have the Library taxing dist. go we have to look at reality as to how the voters will react, Moreau under Assessed Value a little over .02, Queensbury 45% increase how do you sell that to the voters? Councilman Montesi-Noting that Qsby. by Assessed Value method pays 60% of the budget and has a user use of 45%... Unknown-Noted that another taxing system can be based on percentage of users per district... Moreau $131,000 Queensbury $283,000 City of Glens Falls $243,746 (Each Community met for a few minutes to discuss various taxing options...) 8:30 P.M. Queensbury-Supervisor Borgos-Noted that he wanted this to be in a package to go to the voters this year. ..spoke on population vs. assessed value...suggested that the library come to the voters with a lower budget...budget up to this time is figured on contract basis with each municipality...Councilman Monahan-noted that she would not bring a proposal to the voters that was a 45% increase...it was agreed that a compromise must be sought...formula of 50% on assessed value and 50% on users Moreau $126,000 City of Glens Falls $183,350 Qsby. $348,000 (Meeting reconvened with the Library Board and Town of Moreau) Supervisor Borgos-We have caucused in public and we have a compromise on the formula ... using the assessed valuation for 50% of the amount and using the users numbers of 50% ...add these dollar amounts and divide by two that would be the amount to be raised by taxes...Moreau $126,000 City of Glens Falls $183,350 and Qsby. at $348,000...noted that users and assessed value will change every year...asked the library board to sharpen your pencil on the budget you want passed. .. Mr. Lebowitz-Asked the Library Board is there was any objection to the proposal of having the Boards of each district approval of each capital improvement that would require bonding, before it would go to vote.. Unknown-Is the only concern whether your municipality would be close to its bonding limits? Supervisor Borgos-No reviewed how a municipality approaches the bonding of items... Unknown-Questioned if it was legal for one elected body to go to another municipal body for approval? Councilman Montesi -Yes, you cannot float bonds... Attorney Dusek-Noted other concerns being certain taxing requirements that you cannot go over 5 million in a given year to comply with additional regulations, it may effect rating in terms of its overall debt structure...I think from a legal standpoint you are better off giving it to the municipality if there is any question at all as to constitutionality etc. by giving it to the Municipal Board to approve in the first instance you are better off... Motion was made by the Library Board to accept the proposal of any capital improvement requiring bonding the Board of the Library must first seek approval of that from the three municipal bodies, before proceeding to a public vote.. . all in favor... Mr. Krogmann-Regarding the taxation formula we will first have to approach the City of Glens Falls...we do have a commitment from Moreau and Queensbury on that... Supervisor Borgos-I believe we have the support of Assemblyman D'Andrea ... Mr. Lebowitz-Reviewed the procedures this will have to go through to get to the voters... Councilman Montesi-Questioned if during some year the budget does not pass what happens? Mr. Lebowitz-It would go back to the prior year budget... Discussion held on election process... Mr. Krogmann-Thank all those for participating... Town Board now moves to Queensbury Town Office to continue its Special Meeting... RESOLUTION AUTHORIZING CONTRACT WITH EMPIRE SOILS INVESTIGATIONS, INC. RESOLUTION NO. 461, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury, as Governing Board for the Queensbury Consolidated Water District, is desirous of arranging for and authorizing an investigation of groundwater adjacent to the Water Treatment Plant Facilities Sludge Lagoons, for purposes of determining whether there have been any impacts, and also providing information needed by engineers in connection with the development of maps, plans, and reports for Water Treatment Plant Expansion studies, and WHEREAS, Empire Soils Investigations, Inc., previously presented a proposal and contract to the Town Board for the aforesaid groundwater investigation, and WHEREAS, preliminary investigations reveal that further and more detailed investigations will be necessary, and WHEREAS, Empire Soils Investigations, Inc., has presented a proposal and contract to the Town Board providing a total project estimate of $19,953.00, a copy of the same being presented to this meeting, and WHEREAS, the nature of the contract with Empire Soils Investigations, Inc., is for professional services, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the facts and circumstances and the proposed contract by Empire Soils Investigations, Inc., hereby approves the contract and the expenditure of moneys for the groundwater investigation, and hereby further authorizes the Town Supervisor to execute and sign the contract on behalf of the Town of Queensbury and Queensbury Consolidated Water District, and BE IT FURTHER, RESOLVED, that the total funds to be paid under or pursuant to the above-referenced contract shall not exceed the sum of $19,953.00, without the expressed authorization of this Board, and payment for the services to be rendered in connection with said contract shall be paid for from the 40-8340-2899 Account. Duly adopted this 21st. day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO. 462, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM TO $ AMOUNT Fund #1 Fund #82 $1,000.00 (General Fund) (Hovey Pond Recreation Project) and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized to arrange for and accomplish and above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as possible, but not later than the close of the 1991 Town Fiscal Year, and the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment in accordance with section 9-A of the General Municipal Law. Duly adopted this 21st. day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING WITHDRAWAL FROM RECREATION ASSESSMENT RESERVE FUND #61 RESOLUTION NO. 463, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury has previously established a Recreation Assessment Reserve Fund (Fund #61), and a Hovey Pond Capital Project Fund (Fund #82), and WHEREAS, the Town Board of the Town of Queensbury is desirous of transferring $50,000.00 from the aforesaid Recreation Assessment Reserve Fund #61, into the Hovey Pond Capital Fund #82, and WHEREAS, the sum to be transferred from the Recreation Assessment Reserve Fund #61, will be expended for improvements to be made at Hovey Pond Park, said improvements to include those necessary to regrade the areas about the pond, repair a spillway, and deepen the pond, to benefit the entire community, including those subdivision and multi-family developments, the developers of which have previously paid fees in lieu of dedicating land for recreational purposes as required by law, and WHEREAS, the Town Board of the Town of Queensbury is authorized by Section 6(c) of the General Municipal of the State of New York to withdraw and expend funds from the aforesaid Recreation Assessment Reserve Fund #61, in accordance with the terms and conditions set forth therein, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a withdrawal and expenditure from the Recreation Assessment Reserve Fund #61, in the total amount of $50,000.00 to be deposited in the Hovey Pond Capital Project Fund #82, to make improvements at the Hovey Pond Park, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby further directs that in the event there are any funds remaining in the said Hovey Pond Capital Project Fund #82, after the completion of the project, or in the event that said project is not undertaken, the money in the said account shall be returned to the Recreation Assessment Reserve Fund #61, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further finds that the withdrawal and expenditure for the previously identified recreation project at Hovey Pond Park is an expenditure for improvements or items of equipment for which the Reserve Fund was established, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the $50,000.00 amount transferred from the Recreation Assessment Reserve Fund #61, shall be used to improve the Hovey Pond Park, which is an existing park, and that it will serve the Town's residential neighborhoods and subdivisions and multi-family dwellings, the developers of which have heretofore contributed fees in lieu of developing recreational areas, and BE IT FURTHER, RESOLVED, that this resolution shall be subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law of the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post such notices and take such other actions as may be required by law. Duly adopted this 21st. day of August, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 464, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss personnel. Duly adopted this 21st. day of August 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury