A regular meeting of the Town Board of the Town of Moreau was held on April 25, 2006 in the Town of Moreau Office Building, 61 Hudson Street, South Glens Falls, New York.

Supervisor Gutheil opened the meeting at 7:00 p.m.

The Town Clerk called the roll, which resulted in the 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; Peggy Jenkins, Assessor; John Brodt from Behan Communications; David Inman, Post Star Reporter; Paul Post, Saratogian Reporter; Steve Barody, Highway Superintendent; Mike Shaver, Water Superintendent; John Graham, David Harrington and Bob Springer representing Pine Knolls Alliance Church; Anne Fuller representing Saratoga Bridges; Martin D. Auffredou, Attorney for the Town; and Stephen Gram, Recreation Director

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

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

April 11, 2006 (2 Sets)

No comments, questions or corrections.

Corrections:

Page 154 – Under "Cingular Wireless" - 4^th line – change "Supervisor Gutheil" to "Town Supervisor"

Page 158 – Under "Supervisor’s Items" – 3^rd paragraph – 2^nd line – change "his" to "him"

Page 158 – Under "Supervisor’s Items" – last paragraph – last line – add the word "are" in between the words "we" and "sorry"

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve both sets of minutes of April 11^th with the corrections so noted:

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Board scheduled a workshop on the master plan for May 15^th at 6:00 p.m. and a Month-End Meeting for May 31^st at 3:30 p.m. with department heads and 4:00 p.m. for business portion of meeting.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to approve the following Hexion Water/Sewer Bill:

Customer Number: 30001

Bill Number: 74862

Usage Period: 3/28/06-4/242/06

Billing Date: 4/24/06

Hexion

Accounts Payable

P.O. Box 1310

Columbus, OH 43216

Location: Farnan Road, Moreau Industrial Park

Sewer Usage: 542,000 Gallons

Water Consumption: 2,141,000 Gallons

Sewer Amount Billed: $2,710.00

Water Amount Billed: $4,453.28

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Saratoga Bridges had previously presented to the Town Clerk a raffle consent form and requested authorization to conduct a raffle in the Town of Moreau under their raffle license issued by the Town of Malta. Under General Municipal Law, Section 189, Subdivision 13, municipalities which have enacted legislation authorizing the conduct of games of chance may consent to allow the sale of raffle tickets by authorized organizations licensed to conduct raffles by another municipality only if the licensing municipality is located in the same county as the consenting municipality, or in a county that is contiguous to the county in which the consenting municipality is located.

Anne Fuller the Coordinator of Special Events was present to explain to the Town Board how, when and where the raffle would be conducted and what it benefited.

Saratoga Bridges was formerly known as Saratoga ARC. It will be a limited one time raffle in conjunction with a black tie gala on May 26^th when the drawing will take place. They plan to sell 400 tickets at $50.00 per ticket. One prize will be awarded, a luxury suite for 44 at the Saratoga Race Track on Sat., August 5^th for the Whitney Stakes and includes lunch. They will not be going door to door in the Town of Moreau and will not be set up selling them in a certain location. They have members of their chapter who live in the Town of Moreau and they will be selling tickets to people on a one on one basis. The proceeds raised from the sale of the tickets will go towards the general operating budget. They have received approval from other Towns.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the consent form to be signed and issued allowing Saratoga Bridges to sell raffle tickets in the Town of Moreau for their black tie gala to be held on May 26^th.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Clerk notified the Town Board that she had received a notice by certified mail return receipt from the Friendly Spirits Wine & Liquor business in Diamond Nine Plaza on Route 9 in the Town of Moreau of their intent to renew their liquor license through the New York State Liquor Authority.

The Town Board has the opportunity to comment for or against this application pursuant to Article 5, Section 64 – 2 (a) of the liquor law.

The Town Board did not express any objections to this application for renewal of a liquor license.

A public hearing on the creation of the Riverview Lighting District was held at 6:55 p.m. prior to this meeting. There was no one present at the public hearing to speak in favor of or in opposition to the creation of this district.

The Town Board proceeded to review and complete the short form EAF.

Under Part I of the EAF, item #4 the precise location was changed from just "Potter Road" to "The vicinity at the end of Potter Road".

Under Part I of the EAF, item #7 the amount of land affected, the board entered the words "entire subdivision" on advice of Attorney Auffredou.

Under Part II of the EAF the boxes under the questions A – C6 were all checked "no" or the word "no" was entered. In the box under question C7 the word "none" was entered. The "no" box under item D was checked.

Under Part III the box was checked that read in part "the proposed action will not result in any significant adverse environmental impacts".

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the Supervisor to sign Part I and III of the EAF.

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 Hewlett declaring a negative declaration under SEQR.

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 Prendergast adopting the following resolution creating the Riverview Lighting District:

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

WHEREAS, the Town Board issued an Order on April 11, 2006 directing that a public hearing be held to consider the petition; and

WHEREAS, the Town Board met on April 25, 2006 at 6:55 p.m. to consider the petition and heard all interested persons concerning the establishment of the proposed district, and said hearing was held upon notice with evidence given thereat; and

WHEREAS, a certified copy of said Order was published in the Post Star on April 15, 2006; and

WHEREAS, all of the property and property owners now present or in the future within the proposed district will benefit by the establishment of the proposed lighting district; and

WHEREAS, all of the property and property owners now present or in the future benefited are and/or will be included within the limits of the proposed district; and

WHEREAS, the petition to establish the lighting district is sufficient; and

WHEREAS, it is in the interest of the residents of the Town of Moreau to grant in whole the relief sought in the petition.

NOW THEREFORE IT IS HEREBY RESOLVED, that the petition to create the lighting district is granted and the lighting district shall be known as the Riverview Lighting District, and the Town Clerk shall file a certified copy of this resolution in the office of the State Department of Audit and Control in Albany, New York, together with an application, in duplicate, for permission to create such district within ten (10) days hereafter; and the Supervisor of the Town of Moreau is hereby authorized to verify and execute said application which shall include:

A certified copy of the petition, an itemized statement complying with Town Law Section 194 (3)(a) and a statement of the aggregate assessed valuation of the real property situated in the proposed district, as such assessed valuations are shown on the last completed assessment role of the Town of Moreau prior to the date of the application and a statement of the average of full valuation of the taxable real property of the Town and a statement as to the manner in which it is proposed to finance costs of the improvement if any.

IT IS FURTHER RESOLVED that the Town Clerk shall cause a certified copy of this

resolution to be recorded in the office of the clerk of the County of Saratoga within ten (10) days hereafter.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated there is an understanding that the owner of the subdivision will pay all the funds necessary to operate the lighting district until the district is put on the tax rolls, which is usually the following year after creation. Attorney Auffredou suggested that a letter be sent to Galusha reminding them of this.

The Town Court has prepared a grant application under the Justice Court Fund Grant Application Program and needs the Town Supervisor’s signature on the application. They are applying for a grant to purchase a magnetometer, three laser printers, two filing cabinets and New York State Flag.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the Supervisor to sign the grant application for the court.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Dave Harrington was present representing Pine Knolls Alliance Church requesting a waiver so they don’t have to install a meter on the six inch water line that feeds their sprinkler system. The meter is going to cost approximately $5,800.00 plus the cost to install it. The sprinkler system would only come on in the event of a fire. If this were to occur they are willing to pay a flat fee for the water used. The only other water usage through the line would be when it is flushed once a year and only about 100 gallons of water would be used to do this.

Mr. Harrington checked with other communities on their policy. Hudson Falls does not meter any fire sprinkler systems, except two older buildings (GE and the First National Bank). Glens Falls does not meter fire sprinkler systems either and they also don’t meter some businesses, they assess a fee. He couldn’t get an exact answer from the Town of Queensbury and Town of Wilton meters everything including sprinkler systems.

The Water Superintendent stated that the Town’s Code requires a meter and in the Design and Construction Standards it reads that everything will be metered. He doesn’t have the authority to overrule the code and he prefers that it not be overruled. Without a meter a water main inside a building has exposure to be tapped into and water used.

Mr. Harrington responded to the comment from the Water Superintendent about the ability of a person to tap into an unmetered water line by saying that a person could tap into any water line for that matter whether there is a meter there or not.

Mr. Harrington made the statement that they installed the sprinkler system because their engineer required it, but the Town Building Inspector told them they didn’t need a sprinkler system. Churches are exempt from that requirement.

Councilman Prendergast was interested to hear that the Town Building Inspector didn’t require a sprinkler system for their building.

Councilman Kusnierz stated that if the Town doesn’t require the church to have a sprinkler system then why would we require a meter and why would we supply water to the system?

Supervisor Gutheil stated that they have a strong argument. When there is a fire and the building has a non-sprinkler system then water to fight the fire is pumped from a fire hydrant and everybody in that district pays for the water. The cost of the water isn’t a huge factor in the case of a fire. The biggest concern is making sure no one taps into the system and uses the water.

Councilman Kusnierz asked if we give a waiver where do we draw the line. It would put us in a position where every time there is a new construction and a bigger line is put we would have to evaluate it?

Councilman Prendergast agreed with Councilman Kusnierz, but stated that if the Town doesn’t require a sprinkler system then why is a meter required.

Mike Shaver stated that the question about the sprinkler system is one for Joe Patricke, Building Inspector.

At the end of the discussion Supervisor Gutheil stated the board should check the water supply permit for Water District 4 and see if it addresses meters and Councilman Prendergast stated we should talk to Joe Patricke and the Town’s engineer.

The Deputy Town Clerk’s obtained the following quotes to purchase mosquito dunks and requested approval to purchase ten cases:

Summit $67.85 per case of 100 plus approx. $20.00 to ship

Biocontrol Network $89.90 per case of 100 plus $27.72 to ship plus $3.20 insurance

March Biological Control $95.00 per case of 100 plus $19.00 to ship

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the purchase of ten cases of mosquito dunks from Summit per their quote of $67.85 per case.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Tim Burley wants a few things added to drawings. At the Planning Board Meeting held last evening the Planning Board stated they wanted a signed lease before they issue a special use permit. Attorney Auffredou stated that one of his concerns with the draft lease agreement is that so far Cingular has resisted his request to change the language that reads there can only be one co-location on the Town’s water tank along with Cingular’s. The Town should be allowed to have as many as the tower can handle. The lease and drawings should be finalized before SEQR is done.

The South Glens Falls Central School District sent a written request for use of eight voting machines on May 16, 2006 between the hours of 10:00 a.m. and 8:00 p.m. to conduct voting on the proposed school district budget and candidates for the Board of Education.

The board members didn’t have any objection to the school using the voting machines.

The Highway Superintendent sent a memo to the Town Board requesting authorization to contract with Burley & Guminiak to write up specifications for the Clark Road Culvert Project per their proposal in the amount of $25,900.00 plus expenses.

Supervisor Gutheil suggested they consider a bridge and other options vs. culverts due to the amount of money involved. He referred this to the Highway Committee.

The Highway Superintendent previously gave the board members bid specifications to purchase a cab and chassis, walk-in van and heavy duty combo dump truck, snowplow and hydraulics for their review and consideration.

A bid opening was scheduled for May 17^th at 3:00 p.m.

The Highway Superintendent previously gave the board members bid specifications for the removal of trees and stumps to review and consider.

A bid opening was scheduled for May 17^th at 3:15 p.m.

Attorney Auffredou should review the bid specifications.

The board members received some information to review re: dog parks and they will discuss it at their next meeting.

Councilwoman Baker reported that Tim Burley from Burley & Guminiak sent by overnight mail contract specifications for the replacement and upgrade of the compactor at the Transfer Station. They will be available in the Town Clerk’s Office if any of the board members want to review them.

Supervisor Gutheil stated we need to determine where we are with the contract with Fitzgerald Brothers.

Councilman Kusnierz stated that the Recreation Commission wants to know where we are at legally. Attorney Auffredou did a memo and it indicated that only the Town could terminate the contract.

Supervisor Gutheil stated that somebody needs to sit down with Fitzgerald Brothers and discuss this.

Councilman Prendergast stated we should either invite them over to meet with us or send them a letter.

Councilman Kusnierz wasn’t in favor of terminating the contract until they pay the arrears due the Town under their contract.

Supervisor Gutheil reported that the contracts have been signed for the Water District 6 Project. The notices to proceed have been issued and a pre-construction meeting was held. The contractor has cleared and grubbed the site for the water tank and they did a compaction test and have begun to haul stone. The closing on the loan is scheduled for May 4^th.

Attorney Auffredou stated that the first payment on the short-term loan will be due May 4, 2008 and the minimum payment needs to be determined yet.

Tim Burley has prepared a draft Water Quality Assessment. Supervisor Gutheil gave him some corrections and it should be finalized soon.

Clean up day at the Rec. Park was held on April 15^th and Steve Gram reported there was a very low turn out of only 10 volunteers. Steve Gram thanked the following their donations:

The South Glens Falls Chamber of Commerce, McDonalds, Dunkin Donuts, the Pat Baldwin Family.

He also thanked the Town Supervisor other Town Officials and employees for their help.

Councilwoman Baker suggested that next year we change the date and not hold it on the weekend before spring break.

Councilman Kusnierz reported that on April 20^th he and Councilman Hewlett interviewed candidates to maintain the cemeteries in Moreau. They proposed two candidates for appointment, Royce Pixley and Ed Robbins at $8.50 per hour plus mileage to go between cemeteries when they use their own vehicles and subject to successful completion of a pre-employment physical.

Councilman Kusnierz asked if they would be using a Town vehicle and Councilman Hewlett stated that the board had discussed this before and they were going to be required to use their own vehicle.

Councilwoman Baker asked who would provide the insurance if they are towing Town equipment and Supervisor Gutheil stated it is usually the vehicle towing it.

It was agreed that they shouldn’t be towing Town equipment with their own vehicle so the Rec. Department will have to move the equipment around for them.

Supervisor Gutheil asked if they could discuss in executive session past employment history/performance of a particular unnamed person or persons. The board agreed to this.

Councilwoman Baker reported that the contracts with Standard Northeast and Afsco have been signed. They have been paid for work previously done. Both are ready to remobilization. Starting tomorrow at 7:30 a.m. the Town Highway Department will start transporting 1,600 cu. yds. of compost from Saratoga into the Rec. Park and it will be spread onto the fields. When they are done transporting Standard Northeast will remobilize and do what they need to do. Then it will be seeded. Afsco will then come in. Discussion followed.

Supervisor Gutheil gave an update on the dredging project. The county dredging committee has been active and may hire a consultant. They don’t believe the standards on noise are adequate. The project is getting closer to being a reality.

Councilwoman Baker asked if flowers could be purchased for outside the Town Hall in the amount of up to $150.00 and the Deputy Town Clerk’s have offered to plant them again this year. The board didn’t have a problem with this.

Attorney Auffredou has signed the stipulation of settlement in the White Birch LLC Tax Certiorari.

Supervisor Gutheil reported that he attended the Town Planning Board last evening and there was a lot public concern about the proposed Leonelli Project on Harrison Avenue.

Attorney Auffredou stated that Mr. Cerrone is proposing a new subdivision off Reservoir Road that is pending before the Town Planning Board. The plan calls for three or four lots to be deeded over to the Town for storm water management and since they aren’t planning a homeowners association the Town would be responsible fore maintenance of the storm water management area.

Supervisor Gutheil was of the opinion that the Town Board needs to send a strong message that the Town does not want to own or maintain the storm water management areas in any subdivision. The board members concurred with this.

Attorney Auffredou suggested that the Town Board send a letter to the Town Planning Board relaying this message.

Councilman Kusnierz asked if we need a regulation change on this and Attorney Auffredou suggested they consult with Tim Burley on this and that they may want to consider doing so.

Attorney Auffredou stated that alternative is for the builder to create a homeowner’s association and he doesn’t want to do that.

Councilman Kusnierz asked why all the taxpayers in Town should pay for maintenance of the storm water management areas.

Attorney Auffredou told Councilman Kusnierz that he wasn’t disagreeing with him.

Supervisor Gutheil stated that the proceeds for the two pilot agreements were reported wrong. They used the wrong tax year when they calculated them and we will have to give back to the IDA $760.93.

Sales Tax Distribution for April 15, 2006 was $224,460.00 vs. the same time in 2005 when it was $207,099.00.

Attorney Auffredou reported that the Supreme Court has granted approval for the Jehovah Witness building to be sold to Town. There were contingencies in the contract of sale that the Town can now move forward on satisfying. Such as, the Town has 30 days to complete the Phase I Environmental, 60 days for the financing and an additional deposit requirement. Under the contract we are responsible for getting title and have to close within 60 days.

Supervisor Gutheil asked the board who they wanted to hire to do the inspections. We should inspect the septic, structural, termite inspection. The name of Gerald Devoe was mentioned and the board agreed to have Supervisor Gutheil contact him about the inspections.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to adjourn to executive session at 9:10 p.m. to discuss employee history/performance or appointments of a particular unnamed person or persons, CSEA, pending tax certioraris with Niagara Mohawk, Erie Blvd., National Grid, Brascan, Brookfield Properties.

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 Prendergast to adjourn the executive session and re-open the regular meeting at 9:35 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 in the executive session.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett to offer the job of cemetery grounds maintenance to Ed Robbins and Royce Pixley at $8.50 per hour, seasonal, part-time, no benefits, subject to successful completion of a pre-employment physical, favorable background check and to commence as soon as possible.

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 Prendergast to adjourn the regular meeting at 9:40 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