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2009-04-13 SP MTG#16SPECIAL TOWN BOARD MEETING 04-13-2009 MTG.#16 SPECIAL TOWN BOARD MEETING MTG.#16 APRIL 13, 2009 RES. 132-134 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH-ABSENT COUNCILMAN TIM BREWER TOWN BUDGET OFFICER BARBARA TIERNEY SUPERINTENDENT OF PINE VIEW CEMETERY MIKE GENIER CEMETERY COMMISSION MEMBER LAURA VAMVALIS Supervisor Stec-Opened the Meeting-Noted Councilman Strough is in Europe on the school trip. Discussion: Southern Adirondack Tobacco Free Coalition Supervisor Stec-Introduced Courtney Smith from Southern Adirondack Tobacco Free Coalition Ms. Smith-The coalition serves Warren Washington and Saratoga Counties, we are funded by the Department of Health and we are one of thirty coalitions. Three Goals: Keep children tobacco free and healthy - to protect non smokers of all ages - to work to create environments to assist smokers in quitting smoking. We would like to have the Town pass a non binding resolution in support of reduction of tobacco advertising that targets youth ... protecting youth from second hand smoke to go with tobacco free parks, playgrounds and beaches. We can provide signage supporting no smoking, or design something specifically for the Town ... tee shirts for recreation coaches etc. supporting the no smoking policy can be supplied. Also supply the Town with press releases on how healthy the Town of Queensbury is, as we are now partnering with the Town. Town Board agreed to notify the Recreation Commission of this proposal of non smoking parks, to consider being added to the program. Would like all parks and Town properties no smoking. Supervisor Stec-Will contact all department heads regarding the no smoking policy to see if there is any issues and bring those back to the Board...let the Department Heads set their rules of their employees smoking in town vehicles. Will have this proposal reviewed by Town Counsel and have a resolution in the near future. Enforcement of ban Ms. Smith-In other parks cards are presented to those that smoke notifying them it is a smoke free area. Board will consider the proposed resolutions on non smoking for the first meeting in May. Discussion: Cemetery Commission Projects Up coming projects-Connection of the Crematory to the sewer and asphalt certain areas such as drive circle in Pine View-each project will cost approximately ten to fifteen thousand dollars. How will this be paid for? Councilman Brewer-How many years do we have left to sell lots from? Supt. Genier-forty to fifty years. SPECIAL TOWN BOARD MEETING 04-13-2009 MTG.#16 2 Supervisor Stec-From a legal perspective can the town say we want the projects done using the perpetual fund? Yes we can and to this point we have. Councilman Montesi-7,000 lots, sold what would be the revenue? Supt. Genier-full size lot $400. Councilman Montesi-We are talking $420,000 total revenue. What does the cemetery make out of that? Supervisor Stec-Right, now it makes a third. Cemetery Commissioner Laura Vamvalis -Cemetery Commission created by State Law Chapter A182-1 adopted by State Legislature as Chapter 814 in 1948 and governs the Cemetery Lands of the Town of Queensbury. The statue provides that the Queensbury Town Board shall annually appropriate amounts that the Commission requires to operate and maintain the town cemetery. At some point the Town Board passed a resolution to allocate 1/3 of the lot sales to the permanent maintenance account. The term permanent is no where in the statute however it is common terminology for New York State Cemeteries incorporated under the not for profit corporate law. The purpose of that permanent maintenance account is to be available to take care of the cemetery forever, especially when there are no lots left or sold or generating income. I assume the same philosophy was applied to the account Queensbury refers to as a permanent maintenance account. I was informed last year that the philosophy has changed and the intention is now to spend this account. Supervisor Stec has informed us that the Board believes that the funds will never be sufficient to take care of the cemetery and should be used for current needs until it is exhausted, that is where the Commission disagrees. It seems reasonable and responsible to spend some of the funds to take care of the cemetery each year while at the same time striving to maintain the principal or even growing it for the future needs. The Commission feels as a fiduciary we are obligated to balance the present interest with the future interest of the Cemetery and be impartial when dealing with those conflicting equitable interests. Spending the income generated and some portion of the principal growth for maintenance of the cemetery would be within our fiduciary obligations. If the Town Board agrees with our vision for the future of the Cemetery the Commission would like to invest the account in a way to optimize income with minimal risk while gaining some opportunities for growth and a hedge for inflation. I understand that we are restricted to an investment policy which Barbara presented to me and I still believe that there are opportunities we can take advantage of if not now, but in the future. It may make sense to make contact with Senator Little about the possibility of changing the statute that governs the Cemetery the future may bring other changes. We are aware the Board will consider the prudence as they should of continuing to fund this permanent maintenance account. We respectfully ask you to reconsider depleting the permanent maintenance. Supervisor Stec-The general fund historically each of those years the general fund has subsidizing the cemetery, the cemetery is not self sustaining now. So, whether you are subsidized over twenty years or subsidized over two more years at the end of the day you are not self sustaining. Rather than sit on a fund balance that is in the several hundred of thousand of dollars and asking the general fund who are not per se customers of the cemetery to make up for cemetery operations we have been criticized by that in previous audits. Budget Officer Tierney-It is an Enterprise Fund. Supervisor Stec-Likened to the Landfill, we upped the rates and it went from being the red to being in the black. Councilman Brewer-My own personal intention is not to deplete these funds completely my vision is if you got thirty or forty thousand dollars worth of work and you have seven hundred thousand dollars it is not quite a drop in the bucket spend the thirty or forty thousand and get the work done. How much annual income do you take in? SPECIAL TOWN BOARD MEETING 04-13-2009 MTG.#16 Commission Member Laura Vamvalis -I would like to spend a half million dollars a year and the town subsidizes the rest to a tune of a hundred and eighty thousand a year. The permanent maintenance fund with its investment restrictions is earning between one and two percent interest there have been years when it has been better but that is not the case this year. Supervisor Stec-The crematory is carrying the cemetery financially. Councilman Montesi-Questioned if the outside cemetery expenses are coming from the perpetual care fund? Commission Member Laura Vamvalis -No. We agree that the money should be spent to help to take care of the cemetery what I didn't agree with to spend down the entire balance that has taken fifty years to acquire, without thinking about the future. Councilman Brewer-Ten thousand for the sewer hookup, that should be done, the paving we will help you with our equipment and manpower it has got to be fixed, you have seven hundred thousand in the bank I do not want to deplete it completely absolutely not but for the Town to put the burden on the taxpayers when you have seven hundred thousand dollars sitting here lets get it done. Councilman Montesi-Questioned what it costs for perpetual care for outside cemeteries? Supt. Geneir-I believe we inherited those as abandoned cemeteries by State Law we have to maintain them. Whoever bought the lots a hundred years ago we did not receive anything from them. The Town is taking care of these ten cemeteries. Supervisor Stec-For these two projects the Cemetery Commission will foot the bill. Supt. Genier-We will get quotes on the sewer, in regard to the black top we will pay for the blacktop .. . Commission Member Laura Vamvalis-Spoke to the Board regarding future spending rules, so that the Commission can invest at a higher rate. Supervisor Stec-I would like to know how much we are going to subsidize you every year, if I had some stability there I could give you some stability. Commission Member Laura Vamvalis-We need to sit down every year stating the capital projects. Budget Officer Tierney-The Queensbury Code says, that income derived from such investments shall be applied and used for any cemetery purpose. So, if there is income derived from the investments that could be the portion that the Town uses every year for regular operations. Commission Member Vamvalis-But that is how we grew the account to where it is, we did not grow it to seven hundred thousand by giving eighteen thousand a year. Budget Officer Tierney-The principal can be used for investing and can also be used for building structures, repairs, capital ... so the Board I think can come to an agreement that the interest goes to operation and the if a special project comes such as the Capital Sewer or paving then that comes from the principal. Supervisor Stec-At budget time the figure I will need is the interest calculated from the prior year. Commission Member Vamvalis-That will lower your subsidy to us. Budget Officer Tierney-Suggested that the interest calculated from July 1st to July 1st Supervisor Stec-Special projects will be done on a case by case basis. SPECIAL TOWN BOARD MEETING 04-13-2009 MTG.#16 4 Commission Member Vamvalis-Questioned the maintenance on the crematory? Councilman Brewer-That has traditionally come from the Town. Discussion held on Saturday burials- last year there were 21 on Saturdays three Sunday burials -four options 1. no Saturday burials 2. Saturday burials costs to be covered 3. split the crew so there is Saturday straight time 4. general fund eats the overtime Suggested that the burial rate be raised on weekday to $700. and Saturday $900. also suggested raising other fees to be reviewed by the Commission. Seasonal hires-will be sent home if there was bad weather and no other inside work was to be done. Twelve weeks in the budget for summer help two people. Discussed report of annual report and finances, to be made on or before the 13th day of June each year, the Commission will do that reporting. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 132. 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss current litigation underground utilities. Duly adopted this 13th day of April, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Strough RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 133. 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. Duly adopted this 13th day of April, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Strough NO ACTION TAKEN DURING EXECUTIVE SESSSON RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 134. 2009 SPECIAL TOWN BOARD MEETING 04-13-2009 MTG.#16 5 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 13th day of April, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Strough Respectfully submitted, Miss Darleen M Dougher Town Clerk-Queensbury