365.2004
RESOLUTION RESCINDING RESOLUTION NO.: 342.2003 AND
REQUESTING AND AUTHORIZING WARREN COUNTY TO RETAIN
SALES TAX REVENUES AND OFFSET PROPERTY TAXES
RESOLUTION NO.: 365, 2004
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Tim Brewer
WHEREAS, Warren County receives sales tax revenues resulting from sales transactions
taking place within the County and a substantial portion of such transactions occur within the
Town of Queensbury, and
WHEREAS, portions of the Warren County sales tax revenues are annually allocated and
paid to each one of Warren County’s municipalities and annual sales tax revenues allocated to
the Town of Queensbury is currently in the range of $6.7 million, and
WHEREAS, at the end of 2003, the Town of Queensbury had an audited, total, end-of-
year fund balance for general purposes totaling approximately $11.4 million, and
WHEREAS, the Town of Queensbury’s gross sales tax revenue for the first and second
quarters of 2004 were at a record high, and
WHEREAS, the Town’s audited, total, end-of-year fund balance from the years 1989
through 1996 was steady between $1.4 million and $2.6 million, and
WHEREAS, the Town’s audited, total, end-of-year fund balance from the years 1997
through 2003 steadily climbed from $2.6 million to nearly $11.4 million at the end of 2003, and
WHEREAS, in 2001 the Town decided to eliminate the Town’s property tax which
generated approximately $325,000 annually and the 2000 audited, total, end-of-year fund
balance was nearly $7.3 million, and
WHEREAS, a $1 million rebate was first proposed in 2002 when the 2001 audited, total
end-of-year fund balance was $9.4 million and was defeated in a 2-1-1-1 vote, and
WHEREAS, in 2003, a $1 million rebate was again proposed and defeated in a 2-3 vote,
and the audited, total, end-of-year fund balance in 2002 was $10.7 million, and
WHEREAS, the $375,000 rebate was passed in 2003 on a vote of 5-0, and the audited,
total, end-of-year fund balance in 2003 was nearly $11.4 million, and
WHEREAS, the Town of Queensbury has underestimated sales tax revenues each year
since 1992, and
WHEREAS, since 1998, the average amount that the Town of Queensbury has under-
budgeted for sales tax revenue has exceeded an average of $1 million annually, and
WHEREAS, Chapter 528 of the Laws of 2000 (in Town Law §107) provides that towns
may adopt a budget which includes a “reasonable amount” of unappropriated fund balances, and
WHEREAS, by Resolution No.: 342.2003 and in accordance with New York State Tax
Law §1262, the Town Board authorized Warren County to retain $375,000 of Warren County
sales tax revenues allocated to the Town in 2004 to apply such revenues to reduce 2004 County
property taxes on real property within the Town in order to offset County taxes on Queensbury
properties, and
WHEREAS, such Resolution No.: 342.2003 also authorized the reduction of County
property taxes on real property within the Town for each year thereafter until rescinded by Town
Board Resolution, and
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WHEREAS, the Town Board has determined that the current total fund balance again
exceeds the reasonable amount needed for revenue stabilization, cash flow, contingencies, and
contemplated capital projects, and the Town Board wishes to undertake a greater yet affordable
and sustainable reduction of county taxes on Queensbury property, and
WHEREAS, this issue has been examined and debated for the past three years, and
WHEREAS, the Town Board feels that a larger amount for 2005 is warranted because the
Town taxpayers that generated the surplus over the last several years should benefit from a larger
initial rebate, and
WHEREAS, the Town Board wishes to rescind Resolution No.: 342.2003 so that the Town
Board may amend the amount of sales tax revenues to be retained by Warren County for 2005,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby rescind Resolution No.: 342.2003,
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes Warren County to retain $1,000,000 of
Warren County sales tax revenues allocated to the Town of Queensbury in 2005 and apply such
revenues to reduce the annual County property taxes on real property in the Town of
Queensbury, and
BE IT FURTHER,
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RESOLVED, that the Town Board requests that Warren County evenly redistribute the
annual amount(s) to be retained, thereby retaining the Town’s sales tax rebate on a quarterly
basis, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file a
certified copy of this Resolution with Warren County’s Chief Fiscal Officer by mailing such
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Resolution by registered or certified mail before September 1, 2004 in order to take effect for
the calendar year 2005, and
BE IT FURTHER,
RESOLVED, that the authorization provided for in this Resolution shall be effective for
each year until rescinded by Town Board Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Supervisor and/or Town Budget Officer to provide any other required documentation to Warren
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County prior to September 1, 2004 and take any and all other action necessary to effectuate all
terms of this Resolution.
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Duly adopted this 26 day of July, 2004, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None
ABSTAIN:Mr. Strough
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