341.2003
RESOLUTION REQUESTING AND AUTHORIZING WARREN COUNTY
TO RETAIN SALES TAX REVENUES AND OFFSET PROPERTY TAXES
RESOLUTION NO.: 341. 2003 MOTION DEFEATED
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
that take place within the County, and
WHEREAS, a substantial portion of those sales transactions take place within the Town
of Queensbury, and
WHEREAS, portions of the Warren County sales tax revenues are allocated to each of
the towns in Warren County on an annual basis, and
WHEREAS, County sales tax revenues allocated to the Town of Queensbury annually
fall in the range of several million dollars, and
WHEREAS, the Town of Queensbury maintains a general fund balance and capital
reserve fund balance which at 2002 year-end totaled in excess of $10 million dollars, and
WHEREAS, this 2002 year-end fund balance is $1.3 million greater than that at 2001
year-end, and
WHEREAS, in August 2002 a $1 million offset of County property taxes was proposed
but was not approved by a majority of the Town Board, and
WHEREAS, the Queensbury Town Board believes that taxation of its constituents should
be minimized to the extent possible, while still maintaining reasonable fund balances for long-
range planning, emergency and contingency purposes, and
WHEREAS, New York State Tax Law §1262 authorizes the Town to request that the
County withhold sales tax revenues allocated to the Town and use such revenues to offset local
taxes, and
WHEREAS, New York State Tax Law §1262 authorizes the County to withhold such
revenues for the next succeeding calendar year upon appropriate requests from the Town
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properly filed with the County prior to September 1 of the current year, and
WHEREAS, Chapter 528 of the Laws of 2000 (in Town Law §107) provides that towns
may have a budget which includes a “reasonable amount” of unappropriated, unreserved fund
balances, and
WHEREAS, the Town Board has determined that the current unappropriated, unreserved
fund balance exceeds such “reasonable amount” and wants to take action to avoid this from
occurring in the 2004 Town Budget, and
WHEREAS, the Queensbury Town Board has already eliminated the general Town
property tax and now seeks to reduce the general County property tax in the Town of
Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby requests and authorizes Warren
County to retain $1 million of Warren County sales tax revenues allocated to the Town of
Queensbury in 2004 and utilize such revenues to offset the corresponding portion of 2004
County property taxes to the residents of the Town of Queensbury, 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 the Chief Fiscal Officer of Warren County by mailing such
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Resolution by registered or certified mail before September 1, 2003 in order to take effect for
the calendar year 2004, and
BE IT FURTHER,
RESOLVED, that this request and authorization shall remain in effect for the year 2004,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Supervisor and/or Town Comptroller to provide any other required documentation to Warren
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County prior to September 1, 2003 and take any and all other action necessary to effectuate all
terms of this Resolution.
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Duly adopted this 21 day of July, 2003, by the following vote:
AYES : Mr. Stec, Mr. Brewer
NOES : Mr. Brower, Mr. Boor, Mr. Turner
ABSENT: None