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1992-12-29 SPECIAL TOWN BOARD MEETING DECEMBER 29, 1992 2:04 p.m. MTG. #121 RES. 703-705 TOWN BOARD MEMBERS Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Pliney Tucker ABSENT Councilman Nick Caimano Attorney Paul Dusek Members of the Pine View Cemetery Commission in attendance Supervisor Brandt -Called the meeting to order RESOLUTIONS RESOLUTION TO ENACT LOCAL LAW NUMBER 13, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL" TO ADD A NEW PARAGRAPH KNOWN AS SECTION 136-137(B) RESOLUTION NO. 703, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to add a new Paragraph known as Section 136-137(B) thereof, establishing sewer rents for the Queensbury Technical Park Sewer District, as more specifically set forth in the proposed Local Law presented at this meeting, and WHEREAS, a copy of the proposed Local Law entitled "A Local Law Amending the Code of the Town of Queensbury, Chapter 136 thereof, entitled 'Sewers and Sewage Disposal, "' is on file with the Town Clerk and present at this meeting, a copy of said Local Law also having been previously given to each member of the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on December 28, 1992, a public hearing with regard to this Local Law was duly conducted, and WHEREAS, the legislation is proposed in connection with the continued operation and management of the sewer district and is therefore determined to be a Type II Action under SEQRA, not requiring any further SEQRA review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to be known as Local Law Number 13, 1992, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law. Duly adopted this 28th day of December, 1992, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES : None ABSENT: Mr. Caimano LOCAL LAW NO. 13,1992 A Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal", to add a new provision establishing sewer rents assessable against the Queensbury Technical Park Sewer District: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 136 of the Code of the Town of Queensbury, Article XXIV, Section 136-137, is hereby amended to add a new paragraph 136-137B, to read as follows: B. Annual charges pursuant to ~ 136-135 hereof for the Queensbury Technical Park Sewer District: (1) For all occupied properties: Two dollars and twenty cents ($2.20) per thousand gallons of average water consumption, with the formula based on water meter readings for the period of November 1991 to November 1992. and to be billed quarterly, commencing January 1. SECTION 2. All generic provisions (those not specifically designated to apply solely to properties within the Central Queensbury Quaker Road Sewer District) currently a part of Sections 136-135 - 136-148 of the Code of the Town of Queensbury shall apply to sewer rents assessed in the Queensbury Technical Park Sewer District. The said provisions are not included herein as, when this amendment to the Code of the Town of Queensbury is added to the Code and read in context, it will be apparent that the said provisions apply. SECTION 3. This Local Law shall take effect January 1, 1993. RESOLUTION TO ENACT LOCAL LAW NUMBER 14,1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL" TO ADD A NEW PARAGRAPH KNOWN AS SECTION 136-137(C) RESOLUTION NO. 704, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to add a new Paragraph known as Section 136-137(C) thereof, establishing sewer rents for the Hiland Park Sewer District, as more specifically set forth in the proposed Local Law presented at this meeting, and WHEREAS, a copy of the originally proposed Local Law entitled "A Local Law Amending the Code of the Town of Queensbury, Chapter 136 thereof, entitled 'Sewers and Sewage Disposal,"' is on file with the Town Clerk and present at this meeting, a copy of said Local Law also having been previously given to each member of the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on December 28, 1992, a public hearing with regard to this Local Law was duly conducted, and WHEREAS, after review of the proposed Local Law, the Town Board is desirous of modifying the same to provide that quarterly billings shall begin January 1st, and WHEREAS, the amended Local Law has not been mailed or before the Town Board for seven days, but the Town Supervisor has certified to the Town Board the necessity for immediate passage, and WHEREAS, the legislation is proposed in connection with the continued operation and management of the sewer district and is therefore determined to be a Type II Action under SEQRA, not requiring any further SEQRA review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the change to the Local Law is not so substantial as to require a further public hearing, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to be known as Local Law Number 14, 1992, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law. Duly adopted this 29th day of December, 1992, by the following vote: AYES : Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: Mr. Caimano LOCAL LAW NO. 14,1992 A Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal", to add a new provision establishing sewer rents assessable against the Hiland Park Sewer District: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 136 of the Code of the Town of Queensbury, Article XXIV, Section 136-137, is hereby amended to add a new paragraph 136-137C, to read as follows: C. Annual charges pursuant to ~ 136-135 hereof for the Hiland Park Sewer District: (1) For residential properties: one hundred dollars ($100.) annually for each residential unit, plus six dollars ($6.00) per thousand gallons of average water consumption in excess of fifty thousand (50,000) gallons but less than 225,000 gallons per year, with the formula based on water meter readings for the period of November 1991 to November 1992, and billed on a quarterly basis commencing January 1. (2) For nonresidential properties: seventeen dollars and fifty-five cents ($17.55) per thousand gallons of average water consumption as indicated by water meter readings from November 1991 to November 1992, and billed on a quarterly basis commencing January 1. SECTION 2. All generic provisions (those not specifically designated to apply solely to properties within the Central Queensbury Quaker Road Sewer District) currently a part of Sections 136-135 - 136-148 of the Code of the Town of Queensbury shall apply to sewer rents assessed in the Hiland Park Sewer District. The said provisions are not included herein as, when this amendment to the Code of the Town of Queensbury is added to the Code and read in context, it will be apparent that the said provisions apply. SECTION 3. This Local Law shall take effect January 1, 1993. RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 705,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, certain departments have requested transfers of funds for the 1992 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: BUILDING & GROUNDS: FROM: 001-5132-2001 (Misc. Equip.) 001-5132-4400 (Misc. Contractual) 001-1620-2001 (Misc. Equip.) 001-1620-4650-22 (Furnace Repairs) 001-1620-4400-24 (Misc. Contractual) 001-1620-4400-24 (Misc. Contractual) RECREATION: FROM: 01-7020-1340 (Rec. Specialist-PT) SUPERVISOR: FROM: 001-1220-4050 (Books, Publications, & Subscriptions) 001-1220-4140 (Travel) TO: AMOUNT: 001-5132-4300 (Utilities) $ 2,000.00 001-5132-4300 (Utilities) 896.00 001-1620-1530 2,000.00 (Bldg. Maintenance) 001-1620-1250 (Switchboard Oper.) 1,800.00 001-1620-4650-24 (Furnace Repairs) 76.00 001-1620-4660-24 (Electrical Repairs) 16.00 TO: AMOUNT: 01-7020-1910 (Senior Typist, FT) $ 1,000.00 TO: AMOUNT: 001-1220-1020 $ 200.00 (Town Deputy Supervisor) 001-1220-1050 400.00 (Conf. Secretary to Supervisor) 001-1220-4220 (Training/Education) 001-1220-4090 (Conference Expense) 001-1440-1750 (Engineering Services/ Principal) 001-1920-4400 (Misc. Contractual- Municipal Association) 001-1920-4400 (Misc. Contractual- Municipal Association) 001-1910-4400 (Misc. Contractual- Unallocated Insurance) 001-1989-1002 (Misc. Payroll- Management Project) 001-1990-4400 (Misc. Contractual- Contingency Account) SUPERVISOR: FROM: 001-6772-4400 (Misc. Contractual- Programs for the Aging) 001-8989-4400 (Misc. Contractual- Community Services) 001-8989-4400 (Misc. Contractual- Community Services) 020-5182-4300 (Street Lighting- Ft. Amherst) 024-5182-4300 (Street Lighting- West Queensbury) 001-1220-1050 200.00 (Conf. Secretary to Supervisor) 001-1220-1870 (Assistant Coordinator) 1)00.00 001-1440-4403 (Engineering/Surveyor) 4,700.00 001-1930-4400 300.00 (Misc. Contractual- Judgements & Claims) 001-1940-2799 1,000.00 (Capital Acquisition- Purchase of Land) 001-1950-4400 8,000.00 (Misc. Contractual- Property Taxes) 001-3120-1270 (School Traffic Officer) 2,000.00 001-3120-4400 200.00 (Misc. Contractual- Police) TO: AMOUNT: 001-6989-1002 400.00 (Misc. Payroll-QED C) 001-9089-8089 700.00 (Benefits-Other Employee Benefits) 001-9720-7020 100.00 (Statutory Bond Interest) 020-9795-7095 10.00 (Interfund Loan Interest - Ft. Amherst) 024-9795-7095 20.00 (Interfund Loan Interest- West Queensbury) and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 29th day of December, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES None ABSENT: Mr. Caimano DISCUSSION REGARDING PINE VIEW CEMETERY (MEMBERS OF THE CEMETERY COMMISSION PRESENT -Mrs. Dougher, Mrs. Prime and Mr. Edwards) SUPERVISOR BRANDT-I think there is a need to sort out some problems that exist between the Town Board and the Cemetery Commission and the way we operate and our understanding of what we are doing here. I see a problem in that right now as budget officer we have had to lend $15,000 from general fund to the cemetery commission fund to get through the current year. As I understand the law by year end that has to be repaid and there is no source for re-payment, when doing the budget this year we saw a $75,000 shown as revenue for the cemetery fund coming from the endowment and trust fund, we do not have it. Mr. Edwards-We have no input into that budget we do not know where it came from. Mrs. Dougher-I worked in the Supervisor's Office for four supervisors and I know that the cemetery commission has never had any input in the income side of the budget, we have done the operational expense and the other part has been done by the Town Board. Supervisor Brandt-The endowment and trust fund is under the control of the Cemetery Commission and the Cemetery fund is under our control, the operating fund. Mr. Edwards- the Endowment fund is under the control of the Commission that is the perpetual care fund. Supervisor Brandt-There is approximately $300,000 in that fund? Mr. Edwards-There was, we have that much in assets, noting that some assets are due from the Town due to the loan made for the crematorium and second retort... Supervisor Brandt-The town has to repay that? Mr. Edwards-They have to be re-paid because it came out of the perpetual care fund. Councilman Monahan-there was a statutory bond principal $40,000 that has been paid, did it come out of your money or general fund...that was part of the balance of the $75,000, now we are looking for $35,000... Supervisor Brandt-We do not have a written record or a clear understanding of this... Sylvia Dougher-At the end of 1992 is Pine View in debt for $75,000? Supervisor Brandt-No $15,000...E. 1. Christensen-You started the year with $40,000 in fund balance...Mr. Mosher- tomorrow we will be turning over the the Town $14,195.00 for the month of December...E. 1. Christensen- noted that the projected end of the year figures are $300,000 expenses $260,000 in revenues...it was suggested to change the Boychuck fund to a capital reserve fund...Attorney Dusek-noted that the legislation that set this commission up does not mention perpetual care fund monies...R. Russell Harris-I really was the father of the Pine View Cemetery. The way it happened it was a cemetery that was created by a group of people in Glens Falls and Queensbury who put up some money to form a corporation and sold bonds all over the Country and the Cemetery went along well apparently for 30-40 years and then it sort of slide down hill. The caretaker, there was never enough money left there to pay a caretaker so he opened some graves and a few things, that money went, whatever there was, to his pay. There was a firm in New Jersey that was trying to take over the cemetery through a local mortician, I happened to be Supervisor at that time, and it looked like a very bad deal for the Town of Queensbury to have a company move in and layout more lots and sell them and then more out quickly and take the money with them and leave the cemetery to go to pieces. I approached the Town Board about it and the Town Board was a little bit leery about getting into the Cemetery Business and we sort of went over it for a month or two and decided that something had to be done. We went to the Courts and the court said that we had to notify every person of record that had a bond that hadn't been paid and there were a lot ofthern. We went out and notified every bond holder of record and only one person responded and that was a man in California who had two or three of the bonds and he sent them back saying that he would donate them to the Town, they did not mean anything to hirn. So, the financial end of the old Pine View Cemetery was cleared up and allowed the Town of Queensbury for $1.00 to buy that corporation which they did. (1947-48) I was Supervisor from 1946 until 1959. Then we ran up against another problem no Second Class Town in the State of New York had a legal cemetery commission so the thing we had to do was go before the legislature of both houses and asked to have a cemetery commission legally created in the Town of Queensbury. So, both houses adopted it and it became the law that we have here. Then we had to appoint the Cemetery Commissioners. The abandoned cemeteries (7) I guess, the abandoned cemeteries never had anyone to care for them, the old families did and they passed away, the grange took over some of the abandoned cemeteries and they did it for free and then somewhere along the line the Town decided that was not hardly right for the people to go and clean it up a couple of times or more a year and not receive anything for it, so they created a fund of $50.00 for each cemetery, abandoned cemetery and paid the granges for a couple of years and then by that time the cemetery commission was created by law the Pine View Cemetery. It was decided that Pine View Cemetery Commission was responsible for all of those abandon cemeteries which worked out real well. The only problem was monies that were donated, given, bequeath or whatever to the Pine View Cemetery in charge of the Cemetery Commissioners naturally could not be used for those abandon cemeteries so the Town Board created a budget which was to be represented as close as they could to the actual costs of the operation of the caretaker and the people in the Pine View Cemetery to go out and take care of the abandon cemeteries, open the graves at the request of undertakers and so on, that worked out very well. It was understood at that time that the Cemetery Commission was to have charge of all finances relating to the cemeteries it was done to ease up the say on the Town Board and at the same time to not create any problem between the two boards. In the law sometimes they say commissioners and sometimes they say board but specifically they say Town Board when they are talking about the Town Board. The Board was to have charge of all of the finances of the cemetery and of course in the beginning they did not realize that they were going to sell some property that could not be used for cemetery purposes. The first one was, where the you called it Montgomery Wards (Northway Mall) and they sold that for $100,000 and then they needed a little more room so that paid another $25,000 to expand it a little more to the north. It was my understanding as Supervisor at that time that, that money was actually be in charge of Cemetery Commission. ...sale of the properties as well a the sale of the lots and so on, secondly it was to be applied to a fund that was to care for the cemetery as years went on. Realizing that eventually you run out of lots in the cemetery and you would not have income and you still have to take care of the cemeteries. I do not know what happened between the Cemetery Commissioners and the Town Board but, from what little I have heard here the Town Board must have had the money from the sale of the properties and not the cemetery commission. The Cemetery Commission had the sale of the lots apparently and a fraction or a part of it was put away into a fund that could later be used for taking care of the cemetery or making improvements. They bought, after they had sold some properties they bought additional piece of property at the north end of the cemetery which was good burial ground and what they had sold was not good burial ground so it was a good deal for this cemetery to have this money coming in from the property that wouldn't normally be used. By the way the Town Hall that sits here today originally was supposed to be on the corner where the two roads intersect (Northway Plaza) it went to the point where it was voted on by the Town and they voted against having it at that corner which was a good thing. Supervisor Brandt-The sale of that property for the Northway Plaza $100,000 and later another $25,000 that must have taken place about 1960's? Sylvia Dougher-The money from that, built this building, 1962...everyone was proud that we had to pay no taxes and have a new building...Mr. Harris-...When the road was built there was a strip of land the whole length of the front of the cemetery on Quaker Road paid for by the State, the Regan and Denny Property was sold and the Plaza was sold in my own opinion, having been an instigator in creating the Pine View Cemetery for the benefit of the people of the Town of Queensbury and the City of Glens Falls all that money should have gone into the Cemetery Fund and not the Town fund. Councilman Monahan-Actually what happened to the money a lot of it that I know about, part of it came to the Town part to the Cemetery Commission and a lot went into the Recreation Fund. Mr. Edwards-What the Town was taking on was an obligation to take care of the grave sites forever... Supervisor Brandt-Isn't that the perpetual care in the final analysis? The Town is committed to perpetually take care of the cemetery. It was always the purpose the Town would perpetually take care of the cemetery and we should continue with that, it was also the desire that the Town Board not set the policies of the cemetery and I do not have a problem with thaLAttorney Dusek-Was the set up supposed to be the Cemetery Commission would be in charge of all the cemetery business, and fund it themselves and the only contribution the town would very make to it would be for the abandon cemeteries? Mr. Harris-The purpose as far as I know. Attorney Dusek-What I am picking up here is that it was envisioned that the cemetery commission would run its own show with no contribution from government what-so-ever ... Mr. Harris is saying that the Town would contribute funds only to maintain the abandon cemeteries...Mr. Harris-Yes. Councilman Monahan-But it was not envisioned that the Town would grab every cent of money that the cemetery got in...Mrs. Prime-It says here that the Town Board shall annually appropriate in the Town budget to make expenditures required by the cemetery commissioners such amount as the Town Board may determine by the performance of such duties with respect to the care and maintenance of town cemeteries and burial grounds. Supervisor Brandt-there is a dialogue there where you say to the Town Board this is what we think we need and they have to decide whether they will fund that or not. Councilman Monahan-that is really what has been going on... Supervisor Brandt-Except that there is a $75,000 dollar item that is not very clear...where are we going in the future and how can we clean this up so that we all can understand where we are? Mr. Harris-I don't think operating Pine View Cemetery as such the Town Board has a right to tell what the cost of the operation is going to be, but when it comes to the other cemeteries the Town should put in the budget and pay it to the Pine View Cemetery taking care of all the abandon cemeteries. Attorney Dusek-Questioned if the Crematory, Cemetery everything should just belong to the Cemetery Commission and the Town should not be obligated for this crematory and that they should run this whole baby as its own? The Town should only be contributing for what the extra funds are necessary if they are so inclined? Mrs. Prime-There is a lot of problems with that Paul, we do not set salaries...it would be a whole new ball game that has never been done before...the law that was passed says the Town board does the budgeLMr. Harris-Who paid for the crematory? Mrs. Prime-The perpetual care fund as an investmenLAttorney Dusek-But it is the position of the commission is that the Town owes for thaLalthough the commission put up the money it is a town obligation...Mr. Edwards-who is going to fund this perpetual care, the Town is going to have to perpetually have enough money set aside they earn investment income that they can fund it each year...Attorney Dusek-At this point I see three issues: 1. What to do with the perpetual care fund? 2. Who owns the crematory and who should own the crematory? 3. What are the rules and responsibilities between the Town and the Commission? The Town has participated in managing as well as funding, there are arguments that could be made that perhaps continue that arrangement, maybe the commission should be doing it all and the town simply provide funds and then there is questions as to how much funds they have to provide... Supervisor Brandt-At some point all the lots are sold and there was money in perpetual care, lets say we did some magic we never invaded your funds again, in all likely hood you would not have enough money so that the interest alone could perpetually take care of these cemeteries, therefore the Town would have to keep putting up money to do that. When you look at the change in Town government from 1948 to today, and you look at the changes in the laws, keeping payroll, insurance standards, etc. the Town is best equipped to do that, so maybe what we ought to do is have a Cemetery Commission that makes all the policies, hiring, what the fee schedules are the whole bit and then they come to the Town Board and say this is what we need and what we are requesting for money, maybe the Town ought to run the operation actually do the work. My feeling is that in the long run the Town needs a department of public utilities, it needs to merge its work force from one area to another so that you do not have overlap or duplication of people. Where you have the greatest need, that is where the people go and work. Maybe you can save a little bit of money by avoiding some duplication, maybe the operation and the operation of the books and the operation of the work should be done by the Town but the policies should be by the Cemetery Commission. Does that make sense? Councilman Monahan-My personnel opinion is that with the commission responsible for policy they should also have a superintendent of the cemetery that is responsible to them, that is a unique job, the knowledge the empathy the whole structure of a superintendent of cemeteries that goes with a DPW, I say that very strongly. Sylvia Dougher-There should not be anyone over him except the commission. Councilman Monahan-there should be no one inbetween, from the Commission to the guy that runs the cemetery...right now the departments do cooperate, Rod borrows from other departments and the have borrowed from Rod, that has been done informally and it has worked...I do not think a cemetery belongs in the department of public works. Mrs. Prime-noted it was disturbing that our men were not going to get their checks cut, to me it was ridiculous, it does not give us a feeling that we are in for cooperation. What we want is to have the cemeteries well run, and I think over the years the cemeteries have been well run. Mrs. Harris-These people are all volunteers, they are not getting anything and I think you are very lucky to have them, they spend all this time to do something just for the Town and think you should acknowledge the fact that they are doing this and ask what they are going to do as a commission to start off your problem. Supervisor Brandt-There are laws that we have to live by, and I do not know the consequences of doing illegal acts as a budget officer but I am not going to do them if I know something has to be done I am going to try and do it legally. I did not create the budget and I did not create the problem if we do not have the payroll to meet, I cannot print money. Mrs. Prime- The general tone that we have had here in the last few months has not been terribly happy, whether you think it has or not. Sylvia Dougher-What disturbed us on the payroll issue was on the 21st you transferred funds to cover this payroll yet on the 22nd we were told we aren't going to be able to have checks cut...E.1. Christensen-The 21st was for an old interfund loan, the fund ran negative cash quite a while ago... Sylvia Dougher-But we did not know it...Mike you must have known that you had to pay the men, this is upsetting right at the time we are interested in our Christmas, suddenly we aren't going to give them their checks. E. 1. Christensen-The Boychuck cash is what messed everything up that showed up as positive cash in the fund, it had been there since before I was here... Councilman Monahan-Why can't the money to balance this come out of contingency or surplus money? E.1. Christensen-We can do that with a resolution...Councilman Monahan-In the first place it is illegal not to pay people, for that to be said was ridiculous... Supervisor Brandt-Noted that they could not be paid until we resolved the problem... Sylvia Dougher-We need Mr. Dusek to investigate this situation for us and then we can get together again and as far as I can see the Town is obligated to pass a resolution and put whatever funds are necessary in order to clear this up for the year, then we will try and work things out so we know what the commission is doing and what the Town Board is doing...Attorney Dusek-Questioned if it were found to be legal that the perpetual care fund monies were used for the purchase of the crematorium and they did not have to be repaid would there be any problem with the Commission owning the crematorium? Mrs. Prime-Only if you do not have to make the perpetual care funds whole...Attorney Dusek-If it is within the frame work of what the law provides, no one has a problem with the Commission taking over the operations of the crematory and everything the staffing and working within the budget and simply coming to the Town Board if they need extra funds, and that would be the budget that the Town Board would set...Councilman Monahan-that basically is what we have been doing...Attorney Dusek-Assuming this is going to be the relationship the only other element is how to set up the accounting structure...you have to get the accounting and the feedback to the proper people...Councilman Tucker-Requested a list of the abandoned cemeteries-Mr. Mosher-Mt. Herman, Gurney Lane, Harrisena, Seelye, Jenkins, Sunnyside, Scotch Cemetery, Quaker Cemetery... Supervisor Brandt-What we need is a clear understanding of the management system a clear understanding of the accounting system so everyone in the future knows where we are going...the next thing is that we will hear from the Auditor and Paul and then we will sit down and resolve it again...we will have a resolution to cover the short fall for this year... ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY SUBMITTED, Miss Darleen M. Dougher Town Clerk-Queensbury