ECS board questioned

By SANDY LONG

ELDRED, NY — A former Eldred Central School (ECS) board member is growing concerned with some decisions being made by the current Board of Education. Paul Clark, who served on the board for approximately 10 years, addressed the board at its August 19 meeting.

Clark said he “questioned the legality of retaining the excess fund balance above and beyond the current 4% of the approved budget that is allowed by Real Property Tax Law 1318.”

He asked the board for a copy of the 2009-10 auditor’s report, a copy of the tax warrant with signatures of a majority of board members and the statement that all unexpended surplus funds have been applied in determining the tax levy, and a copy of the minutes and recording of the vote to have a referendum in the fall to create a repair reserve fund.

Interim superintendent Robert Dufour, who recently replaced former superintendent Dr. Berneice Brownell, advised Clark that he would need to file a Freedom of Information Law (FOIL) request for the information.

During the meeting, the tax levy was set. “We’re going to levy taxes for the school in the amount of $10,025,440 and $11,000 for the library, for a total tax of $10, 036,440,” said business manager William Thornton. “This represents a 6.89% decrease from last year’s tax levy.”

Other figures confirmed later by email were: Town of Deerpark, $28.60 per $1,000 of assessment—a 4.1% decrease; Town of Highland, $16.15 per $1,000—a 5.5% decrease; Town of Lumberland, $13.44 per $1,000—a 4.8% increase and Town of Tusten, $25.36 per $1,000—a 7.4% increase.

Thornton continued, “At the next board meeting, we’re going to have a resolution to send to the voters for a repair reserve for two million dollars for the repairs at Mackenzie and at the high school for the building condition survey.”

During public comment, Clark said, “It appears to me that you have the cart before the horse as far as the referendum and the fund balance. The law reads that it is required to return the undesignated, unreserved fund balance to the tax levy prior to signing the warrant.”

Dufour responded, “The decision about whether to put up a referendum or not will be made at the September meeting. The first step is getting board approval.”

Clark continued, “The repair reserve fund cannot be funded until there is a vote from the public. So why is the board holding this money out of the tax levy? That money is required to go back into the tax levy.”

Dufour answered, “We have consulted with our legal counsel and believe that we are operating within the confines of education law. The board will discuss the matter at the September 9 meeting and it will be requested at that time to authorize a public vote on the fund balance. If that vote is in the affirmative, the fund will be funded, and if not, the board will determine how the monies will be returned to the taxpayer.”

In 1998, Clark petitioned to appeal the board’s allegedly improper use of unexpended surplus funds, which he asserted should have been used to reduce the district’s tax levy for the 1996-97 school year ( see www.counsel.nysed.gov/Decisions/volume37/d13885 ).

Clark said he served as board president “at least twice but finished neither term as I felt it was too important to be a dissenting voice and quite often a dissenting vote so I resigned both times.”

He is urging members of the community to attend the September 9 meeting, which will be held at George Ross Mackenzie Elementary School in Glen Spey at 7:30 pm. It will be preceded by an Audit Committee meeting at 7 pm.