A regular meeting of the Town Board of the Town of Moreau was held on April 11, 2006 in the Town Office Building, 61 Hudson Street, South Glens Falls, New York.

Supervisor Gutheil called the meeting to order at 7:00 p.m.

The Town Clerk called the roll, which resulted as following Town Board Members being present or absent:

Harry G. Gutheil, Jr. Supervisor

Rich Hewlett Councilman

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

None

Also Present: Jeanne Fleury, Town Clerk; Steve Gram, Recreation Director; Bill Richmond from Behan Communications; David Inman, Reporter from the Post Star Newspaper; Martin Auffredou, Attorney for the Town arrived at 7:05 p.m.; Steve Barody, Highway Superintendent arrived at 7:05 p.m.; Mike Shaver, Water Superintendent arrived at 8:16 p.m.

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

The following minutes were prepared and distributed to the Town Board in advance of the meeting for review, comment, correction and approval:

March 28, March 30 and April 7, 2006

Corrections/Comments:

Page 124 – 1^st paragraph – under heading "Court Requests" – add the name of Colleen Nichols, Court Clerk, to resolution

Page 129 – 1^st paragraph – 2^nd line – add the words "the fees for PUD’s, apartments/townhouses" in between the words "act on" and "in order"

Page 129 – 2^nd paragraph – under heading "Water District 6 Project Update" – delete the words "and for some reason they weren’t included in the district boundary layout" and add the words "but it was too late to bring English Village into the district, because of the financing package"

Page 131 – 8th paragraph – Supervisor Gutheil made the following comment about this paragraph – "he wasn’t sure if Mr. Elnicki’s response answered his question or not, if this is what he really said." The Town Clerk advised that she took it off the tape recording of that meeting. Supervisor Gutheil stated, "we need to know definitively any chemicals or hospital waste he may bring in and the board should follow up on this at the next meeting with Mr. Elnicki".

Page 131 – last paragraph – 3^rd line – change "four pins" to "five pins"

Page 132 – 7^th paragraph – Supervisor Gutheil made the following comment about this paragraph – "Supervisor Gutheil stated that the school district is claiming there was a calculation error by the IDA and he asked the Assessor to check it out."

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve the minutes of March 28^th as corrected and with the above comments so noted.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

There were no comments given or corrections made to the minutes of March 30^th.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to approve the minutes of March 30^th as prepared.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Abstain

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

There were no comments given or corrections made to the minutes of April 7^th.

The minutes of April 7^th were received and filed.

A pre-construction meeting regarding Water District 6 will be held at the Highway Garage on Route 9 on Wednesday, April 12, 2006 at 1:00 p.m. The meeting will be open to the public, but a quorum of the board is not expected at this meeting. Councilwoman Baker stated she would be attending.

[Attorney Auffredou, Attorney for the Town and Steve Barody, Highway Superintendent arrived at 7:05 p.m.]

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to receive and file monthly reports from the Town Clerk, Building Inspector, Assessor, Water Superintendent, Supervisor, Transfer Station, Recreation Department, Dog Control Officer, Highway Superintendent.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the corrections to the following water bills in Water District 2:

Customer Number: 20251

Bill Number: 74287

Usage Period: 09/01/05-03/01/06

Billing Date: 03/31/06

Christian, Neil

P.O. Box 4273

South Glens Falls, NY 12803

Location: 13 North Road

Amount of Consumption Billed: 58,500 Gallons

Amount Billed: $175.08

Correct Amount of Consumption: 21,300 Gallons

Correct Amount Billed: $65.34

Reason: Incorrect meter reading taken

Customer Number: 20537

Bill Number: 74567

Usage Period: 09/01/05-03/01/06

Billing Date: 03/31/06

Ellsworth, Matthew E.

16 Congdon Road

South Glens Falls, NY 12803

Amount of Consumption Billed: 164,250 Gallons

Amount Billed: $487.04

Correct Amount of Consumption: 55,560 Gallons

Correct Amount Billed: $166.41

Reason: Incorrect meter reading taken

Customer Number: 20449

Bill Number: 74481

Usage Period: 09/01/05-03/01/06

Billing Date: 03/31/06

Walters, Arthur S.

21 Tanglewood Drive

South Glens Falls, NY 12803

Amount of Consumption Billed: 68,400 Gallons

Amount Billed: $223.72

Correct Amount of Consumption Billed: 20,400 Gallons

Correct Amount Billed: $62.68

Reason: Computer glitch in meter change out section of software. Meter was changed out in May of 2005 and his fall bill reflected this change out in the consumption billed. The computer software program for water billing processed bill as though it had another meter change out and the previous reading showed as zero instead of 48,000 gallons. The current reading of 68,400 gallons is okay.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Attorney Auffredou stated that since the time we acted on the order scheduling the public hearing we received additional information from Niagara Mohawk that the estimated annual cost for the lighting district would be $5,700.00 not $3,600.00 as originally estimated. This is a significant enough difference that the board should start over. He drafted a new order to be published on Saturday, April 15^th and the public hearing would be held on April 25^th at 6:55 p.m.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adopt the following order and authorizing the Supervisor to sign the order:

TOWN BOARD

TOWN OF MOREAU

ORDER

REGARDING PROPOSED

LIGHTING DISTRICT

WHEREAS, the Town Board of the Town of Moreau was presented with a petition pursuant to Town Law Article 12 for the establishment of a Lighting District located in the 47 lot Riverview subdivision at Potter Road, Town of Moreau, Saratoga County, State of New York to be known as the Riverview Lighting District; and

WHEREAS, the petition was filed by the owner/developer of taxable real property located within the proposed lighting district comprised of 3 Cobra style lights and 9 Acorn style lights; and

WHEREAS, according to National Grid, the yearly billing charge for the aforesaid one hundred watt high-pressure sodium lights is approximately $5,700.00; and

WHEREAS, no dollars are proposed to be expended for improvements; and

WHEREAS, the Town Board of the Town of Moreau shall meet on April 25, 2006 at 6:55 p.m. to consider the aforesaid petition and to hear all interested persons.

NOW THEREFORE by Resolution of the Town Board of the Town of Moreau, it is hereby ordered;

Dated: April 11, 2006

Harry G. Guthell, Jr., Supervisor

Town of Moreau

I hereby certify that this Order was duly adopted by the Town Board of the Town of Moreau at a regular meeting of the Town Board conducted on March 28, 2006.

Dated: April 11, 2006

Jeanne M. Fleury, Town Clerk

Town of Moreau

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A bid opening was held on April 7, 2006 to receive and open bids for topsoil/compost for the fields in the Town of Moreau Recreation Park. Only one bid was received from B.J. Farms in Greenwich in the amount of $30,240.00 for 1,600 cubic yards of topsoil.

Councilwoman Baker made the recommendation that the Town Board reject the bid.

Councilman Kusnierz asked on what grounds.

Supervisor Gutheil stated it was the only bid and the City of Saratoga Springs now has surplus compost that they will sell to the Town of Moreau at $11.75 per cubic yard.

Councilman Kusnierz asked if they have enough to meet our needs at the park.

Councilwoman Baker stated that right now they have 1,000 cubic yard and they will have the rest shortly. They don’t want to deplete their entire stock pile all at once. They want to leave enough for their own residents.

Councilman Kusnierz stated his concern was that we only received one bid and if we establish a pattern of rejecting bids it could make it difficult for us to get additional bids down the road. We aren’t really comparing apples to apples. The bid was for topsoil and the now we are looking at compost.

Supervisor Gutheil stated that originally we planned to use compost.

Councilman Kusnierz asked if it was going back out to bid.

Attorney Auffredou replied no, it doesn’t have to. There is an exception under General Municipal Law 103-6 that reads a municipality can contract with another municipality for purchases such as this if the supplying municipality has it by surplus. He also spoke with the State Comptroller’s on several occasions about this and they concur with Councilwoman Baker’s recommendation.

Councilman Kusnierz asked if we have a guaranteed supply from the City of Saratoga Springs and Councilwoman Baker replied, yes.

Supervisor Gutheil stated there wasn’t anything in writing. He spoke with them last fall. He also stated that Jim Miller should look at it and make sure it is a product we want.

Councilman Kusnierz asked what the expense was going to be to have it hauled to the park.

Supervisor Gutheil asked Steve Barody, Highway Superintendent, what he thought the cost would be to truck it. Steve Barody stated he wouldn’t charge for use of the highway department equipment. The cost would be in labor and fuel.

A rather lengthy discussion followed on how much they thought it would cost to haul the compost to the park.

Councilman Kusnierz stated he was all in favor of saving money, but are we truly saving money overall and do we have a potential of slowing this project down if we run out of product along the way. There was also the issue of manpower and what jobs would we be taking the highway personnel away from while they haul this compost. Steve Barody stated that he was short manpower right now and there is the brush pickup program that will be starting up.

Councilman Prendergast asked we have to get the compost tested and Councilwoman Baker stated no. This compost does not contain any kind of sewer sludge

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to reject the one and only bid from B.J. Farms in the amount of $30,240.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz No

Supervisor Gutheil Aye

Councilman Kusnierz stated that he voted no on the grounds that they didn’t have hard numbers in front of them to compare the two options.

A motion was made by Councilwoman Baker and seconded Councilman Hewlett authorizing the purchase of 1,600 cubic yards of compost from the City of Saratoga Springs at $11.75 per cubic yard not including delivery.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz No

Supervisor Gutheil Aye

Councilman Kusnierz stated that in the future when we are planning to use a department head on a project, to alleviate wasting time discussing these types of issues, he would like to see in front of the board project costs and if the department head can handle it or not.

Councilwoman Baker stated that the trench was dug last Friday in the park for the electrical and the pole was set today. She was going to meet tomorrow with Cornerstone. While the trench was open they thought it would be a good idea to run telephone cable. Supervisor Gutheil asked if they could run them in the same trench without interference and the answer was yes.

Councilman Hewlett suggested running cable for future internet connection. Everybody thought this would be a good idea.

Councilwoman Baker stated she was meeting with Walt from Standard Northeast tomorrow at 3:00 p.m. at the site of the quads, along with Jim Miller and Steve Gram. They were going to look at the site and mark where the loads of compost are to be dropped.

Councilwoman Baker stated that the Supervisor has re-read the contracts and we are ready to sign them.

Supervisor Gutheil asked Attorney Auffredou if he was comfortable with the WB/MBE documents. Attorney Auffredou stated he wasn’t going to say that. He said that John Albert said they should be good enough for the Town. Attorney Auffredou stated that he hasn’t seen too much on that. Supervisor Gutheil stated he wasn’t sure he was comfortable with what they had done what they should with the utilization plan, but John Albert from Parks & Recreation said they look okay to him.

Attorney Auffredou stated that in all the contracts and in correspondence between the Town and John Albert it reads that we understand that this is acceptable to John Albert.

Supervisor Gutheil stated in order to pay Standard Northeast and Afsco we need an inter-fund loan. Fran Thibodeau is recommending loaning the money from Landfill into the HP fund in the amount of $5,231.28.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing an inter-fund loan in the amount of $5,231.28 from the landfill fund into the HP fund (Recreation Capital Projects).

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Gram, Recreation Director, requested permission to have a tree removed. He obtained the following quotes:

High Peaks $800.00

American Tree $600.00

Adirondack Tree Surgeons $500.00

Richard Sears Tree Experts $500.00

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing Richard Sears Tree Experts to remove the tree in the amount of $500.00 per their quote.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Gram obtained a third quote for the bathroom stalls in the rec. park that was lower than the other quotes he got by about $1,000.00 and it was from F. W. Webb in the amount of $1,493.34.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett authorizing the purchase of bathroom stalls for the rec. park from F. W. Webb in the amount of $1,493.34.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil discussed with the board a need for an easement from Scott and Laura King at 170 Reservoir Road (corner of Reservoir and Gansevoort Road) for the water line installation into Phase II of the Woodscape Development. Tim Burley would like a five foot easement. The King’s don’t want their trees removed, They are their only buffer between their house and Gansevoort Road. The options being discussed are moving the poles at a cost of $10,000.00 and we may still need an easement. The other would be $26,500.00 to directional drill past this one lot and the other option is to drill across the road and back and get an easement from the person across the road and that would cost about $12,000.00. Supervisor Gutheil stated there doesn’t seem to be an easy answer. This is all part of the alternate to the contract and would fall on the shoulders of the Michael’s Group as a change order.

The closing of the EFC loan is May 4^th.

The Highway Superintendent requested permission to have the clutch assembly replaced on the 1987 Hesston Tractor at a cost of $1,238.17 by Capital Tractor of Greenwich, New York. This is a dealer only part.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the purchase of a clutch assembly for the 1987 Hesston Tractor at a cost of $1,238.17 from Capital Tractor of Greenwich.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Highway Superintendent presented to the Town Board bid specifications to go out to bid for the purchase of a 16 foot walk in van, cab and chassis and heavy duty combination dump body, snowplow and hydraulics. He asked the Town Board to review and consider them between now and the next meeting. Brief discussion followed.

The Highway Superintendent gave a memo to the board about brush pickup and suggested dates for advertising and time frame for the program. He recommended his department start taking calls on April 26^th and run the program for about three weeks. The board didn’t have any problem with this.

COURT CLERK VACANCY:

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to appoint Jacqueline Wells as court clerk at $8.50 per hour with no benefits, subject to successful completion of a pre-employment physical and favorable reference checks conducted by the Town Justices.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Attorney Auffredou advised that Cingular has made some of the changes in their proposed contract that he requested per his February 21^st memo. They didn’t make change 4 or 5 nor did they make the change in the termination clause. He asked Supervisor Gutheil if he wanted the lessor’s representative in paragraph 31 changed to read "Supervisor Gutheil" "Town Supervisor" and the answer was yes. Also, Attorney Auffedou does not have exhibit A, B and C referred to in the contract. [Corrected 4/25/06 jf]

Attorney Auffredou stated that the Town Board would have to do SEQR, but they weren’t ready to do this tonight.

Attorney Auffredou also stated that Cingular needed to prepare an EAF on the lease only for the cellular antennae they are proposing to install in Water District 2.

Mr. Vasiliou wrote a letter to the Town Board dated March 24, 2006 asking if the board was interested in revisiting his proposal to build townhouses on Bluebird Road and his request for rezoning of the site where he was proposing to develop the PUD. It was the consensus of the Town Board that they weren’t interested in revisiting this at this time, their position hasn’t changed.

Saratoga Bridges Festival and Dressage is licensed by the State of New York Racing and Wagering and the Town of Malta to sell raffle tickets. They sent the Town of Moreau Town Clerk

a raffle consent form and a request to sell raffle tickets in the Town of Moreau under 9E of NYCRR, Section 5620.22 (6).

The Town Board did not want to consent to this request until they knew more about the organization, type of raffle, when and where the raffle was going to be conducted and what the net proceeds were going to be used for.

There wasn’t anyone present from Earth Waste Systems so there was no discussion on this topic.

The Town Planning Board sent a letter to the Town Board advising they planned on being lead agency in the Woodscape Phase II review unless the Town Board objected. They also invited the Town Board to attend the review of the EAF on Monday, April 24^th at 7:00 p.m. in Town Hall. They requested that the Town Board put any objections they may have in writing by 2:00 p.m. on April 24^th.

Attorney Auffredou stated that an issue that keeps coming up is the use of municipal water for irrigation. He understood that the applicant would like to use municipal water for lawn sprinklers. He wondered if the Town Board should ask the Water Superintendent to look into this and write a letter to the Planning Board expressing his concerns, if any. They should be part of the record for the public hearing held by the Planning Board.

Councilman Kusnierz stated that our Planning Board shouldn’t be approving these proposals if they don’t have complete access to Town water.

[Mike Shaver, Water Superintendent, entered meeting at 8:16 p.m.]

Attorney Auffredou understood that the Michael’s Group may be coming back asking for the restriction to be lifted. If the Town Board is concerned about the volume of water required for sprinkler systems then there should be something on the record of the Planning Board that reads precisely that.

Mike Shaver, Water Superintendent, stated that Woodscape’s water supply application reads no irrigation.

A rather lengthy discussion followed on water.

Following discussion it was decided that Mike Shaver was going to ask Tim Burley to send a written response to the Town Board with a copy going to the Chairman of the Town Planning Board, no later than April 24^th, and copy the Water Superintendent, Attorney Auffredou and Joe Patricke regarding water capacity and storage.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to accept the following donation:

$289.50 from the South Glens Falls Soccer Club for marking paint

$3,167.50 to the Recreation Department from Scott Snyder, Alexi Caputo and Cassandra Sheehan on behalf of Scott and Alexi’s departed son, Caleb.

Supervisor Gutheil stated he would like to see a project at the rec. park earmarked and Caleb’s name attached to it.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Clerk reported receiving two checks in the amount of $200.00 each for advertising banners around the ball fields. The Town Board acknowledged receipt of these checks.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adopt the following proclamation:

WHEREAS, the men and women of the United States Armed Forces are proudly and unselfishly serving in Iraq, putting their lives on the line each and every day defending the freedom of all American people, fighting for the freedom of the people of Iraq and to put an end to terrorism, and

WHEREAS, for the residents of the Town of Moreau the reality of the war set in when word came to them that a young 21 year old soldier named Nathan Patrick Brown from the Town of Moreau was killed on April 11^th of 2004 in Samarra, Iraq when his armored humvee was struck by a rocket propelled grenade while he was on duty fighting for his country, and

WHEREAS, Nathan Patrick Brown, Private of the First Class, enlisted with the National Guard out of Glens Falls, New York, and served in the 2^nd Battalion, 108^th Infantry Unit and was deployed to Iraq on February 16, 2004 with the U.S. Army’s 1^st Armored Division, and

WHEREAS, like so many other men and women in the armed forces, he sacrificed his life for the good of his country and fellow mankind, and

WHEREAS, the United States Government in honor of Nathan Patrick Brown’s memory and for the extreme sacrifice that he made, posthumously awarded him the Purple Heart, Bronze Star and Combat Infantryman’s badge, and

NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Moreau wishes to honor Nathan Patrick Brown for his unconditional, heroic service in the defense of his country and extends their sympathy to his family, and

BE IT HEREBY FURTHER RESOLVED, that the Town of Moreau Town Board hereby proclaims April 18, 2006 as Nathan Patrick Brown day in the Town of Moreau.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilwoman Baker gave an update on the new Moreau Community Center plans as follows:

Councilwoman Baker reported on the transfer station. She met with Tim Burley and Toby from Burley & Guminiak regarding the compactor. They are going to make a recommendation about purchasing a new compactor and repairing the one we have.

Councilman Hewlett reported on cemeteries. He suggested interviewing some of the people who applied to mow the cemeteries in Moreau. Interviews will be held on Thursday, April 13^th at 6:00 p.m. Councilman Hewlett will contact applicants for the interview session.

Councilman Kusnierz reported that the Recreation Commission met on April 3^rd. They expressed disappointment that the Town Board didn’t act on the fees for use of the pavilions and in particular for out-of-towners who use the park. They were happy that the board adopted banner advertising fees. The woman who attended the last Town Board meeting regarding dog parks

was in attendance at the Recreation Commission Meeting and presented information on dog parks. The commission is going to review the information and meet with her at a later date. They also requested that the Town Board try to fill the vacancies on their commission.

Mary Antis, Town Historian, requested permission to attend a conference for historians on May 6^th and for the registration fee of $15.00 to be a proper town charge.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing Mary Antis to attend the conference and for the fee of $15.00 to be a proper town charge.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

(The department heads left the meeting.)

Supervisor Gutheil disclosed the fact that he may have C.T. Male do some environmental engineering work for his. him. [Corrected 4/25/06 jf]

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the attorney for the Town to sign the stipulation of settlement in the Article 7, White Birch LLC Tax Certiorari.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported that he received an inquiry from an employee about why employees weren’t offered an opportunity to attend Paul Ryan’s mother’s funeral.

Supervisor Gutheil suggested that the board might want to consider a policy in this regard. He advised that nobody asked to go to this funeral.

Councilman Kusnierz stated we could have addressed it if they asked so it is a non-issue.

Supervisor Gutheil reported for the record that NIBCO is closing their facility and this will result in 42 jobs lost. They have a history of supplying as many as 300 people with good quality manufacturing jobs and we are sorry to see them leave. [Corrected 4/25/06 jf]

Hannaford is opening their grocery store on April 22^nd. They are supplying over 100 jobs and the manager lives in South Glens Falls.

The police were in Town Hall regarding activity around the boat launch off Nolan Road and industrial park. It was suggested that the Town put up signs to discourage people from being around there after hours. Maybe a sign that reads "no loitering" or "closed after dusk".

Councilman Hewlett suggested doing the same thing at the site of the old Finch, Pruyn paper storage on West River Road. Now that it is just one big slab of cement the cars are using the area for drag racing and doing burn outs.

Supervisor Gutheil stated that it is private property so we couldn’t post it, but suggested that he alert the police and gave him a contact name.

Supervisor Gutheil reported receiving a map and EAF of Frank Burt’s proposed subdivision in the Town of Wilton. The Town of Moreau is being notified as an interested agency, because the Town line is within 500 feet of the boundary line. The Town Board has the ability to comment on this proposal if they so choose.

A letter of resignation was received from Faith Bouchard from her position as Secretary for the Town Planning Board effective after the meeting on April 24^th.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to accept the resignation of Faith Bouchard from the position of Secretary for the Town Planning Board effective after the April 24th meeting.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the purchase of thirty cases of copy paper from Viking at $19.99 a case.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Deputy Town Clerk’s wrote a memo to the Town Board asking permission to donate the left over bicentennial t-shirts. One of the suggestions they made was to donate them to the Moreau Community Center for distribution to the volunteers at the center at their recognition dinner. The Town Clerk advised that the money derived from the sale of t-shirts has exceeded the cost to purchase them so there is no loss to the Town by donating them. The Town Board didn’t have a problem with this.

Attorney Auffredou updated the board on the Westgate Subdivision on Fort Edward Road. There has been an issue about soil vapor gases. He understood that the Planning Board was prepared to take action on approving this subdivision on April 24^th. Mr. Diehl has agreed to install in each home a ventilation system and deed restrictions. The Planning Board has done a very thorough,

comprehensive job and is ready to take action. The Planning Board asked him and Joe Patricke to prepare a findings document, which has all the historical data and background and the basis for their decision. If the Town Board wants any further input on it or correspondence to the Planning Board now is the time to do it.

Supervisor Gutheil stated we need to make sure the onus doesn’t come back onto the Town Board. The State should have been more pro-active on this. We don’t want the Town dragged into future litigation. We need to get a message to the Planning Board that the Town’s interest’s need to be protected to the greatest extent possible.

Attorney Auffredou stated the Planning Board looked at it for precisely what it is the re-opening of a subdivision to determine whether or not there should be some new conditions attached in light of the DOH and EPA concerns about the soil vapor intrusions. They listened to a presentation by DOH. DOH made certain recommendations. The Planning Board, for the most part, agreed with the recommendations and the applicant has agreed to the conditions. The Planning Board believes they have done what is within their review authority and they are ready to make a decision.

Attorney Auffredou stated that the Town Board was noticed as an interested agency when the Planning Board re-opened SEQR. The Planning Board sought the Town Board’s comments. The Planning Board said there are certain things that can be done to safeguard the future homes there. DOH recommended ventilation systems that have to be maintained and the homeowners will be on notice through the deed restrictions.

Councilman Kusnierz asked if the Town Board could establish more protection for the Town by directing the code enforcement officer to issue a notice with a building permit and through the property transaction.

Supervisor Gutheil asked if a sign could be posted on the spec house built. It is rather drastic, but we have the issue down by the cement company property where the homeowners say they weren’t aware of the blasting quarry when they purchased their homes.

Attorney Auffredou stated he could recommend to the Planning Board that the disclosure not only be in the deed, but be a restriction that is recorded now so anybody who does a title search would find that restriction now. The restriction would show on a subdivision map, declaration that runs with the property, each individual deed and in contracts for sale.

Councilman Kusnierz asked if it could be disclosed prior to seeking title insurance and before they pay for the house.

Attorney Auffredou stated they could, but if it is in the sale contract then there would be some disclosure.

Attorney Auffredou stated that the Planning Board has in the record representation from DOH that the ventilation system will be adequate and they gave a recommendation as to what the ventilation system will be.

Councilman Kusnierz stated that a potential homeowner should be aware of what the issue is and if they still choose to buy it then the onus is on them.

Supervisor Gutheil asked if there was something that could read that you are buying the home and the Town has no responsibility and you are taking it on at your own risk.

Attorney Auffredou stated he would have to give it some thought on how enforceable it would be.

Supervisor Gutheil asked if this was going to happen for any land over the acquifer and Attorney Auffredou replied yes.

Attorney Auffredou thought the Planning Board was under the impression that the Town Board was going to have some discussion with GE, DOH and/or EPA and getting back to the Planning Board.

This concluded the discussion on this topic.

There being no further business to conduct the following motion was made to adjourn to executive session.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to adjourn to executive session at 9:35 p.m. to discuss the employment history/performance of a particular unnamed person(s) and CSEA negotiations.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Clerk did not sit in on the executive session.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to adjourn the executive session and re-open the regular meeting at 9:58 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

No action was taken as the result of the executive session.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to adjourn the regular meeting at 9:58 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk