A month-end meeting of the Town Board of the Town of Moreau was held on April 27, 2006 in the Town Office Building, 61 Hudson Street, South Glens Falls, New York.

The Month-End Meeting started at 3:30 p.m. and the following Town Board Members were present or absent:

Harry G. Gutheil, Jr. Town Supervisor

Niki Baker Councilwoman

Todd Kusnierz Councilman

Bob Prendergast Councilman

Department Heads Present: Peggy Jenkins, Assessor; Jeanne Fleury, Town Clerk; Sylvia Hanson, Special Projects Aide; Rudolph Klick, Special Projects Aide in training; Stephen Gram, Recreation Director; Mike Shaver, Water Superintendent; Steve Barody, Highway Superintendent; Tim Burley, Engineer for the Town; John Brodt from Behan Communications

Supervisor Gutheil asked questions regarding vouchers from the Recreation Department, Water Department and Assessor and received answers to his questions.

Fran Thibodeau, Payroll/Account Clerk, submitted information to the board on three invoices for April for legal services rendered by Bartlett, Pontiff, Stewart & Rhodes that needed to be paid out of the Trust and Agency Account for review of the Westgate Estates, Riverview and Woodscape Subdivisions. The three accounts involved in the Trust & Agency Fund have negative balances and she wanted to know what the Town Board wanted to do about this.

Apparently, Joe Patricke was supposed to be tracking these balances and submit requests to the developers asking for money to cover the expenses before there was a negative balance. Joe Patricke was not available to consult with at this meeting so Supervisor Gutheil asked Mark Mykins his assistant to come before the board at this meeting so they could discuss these accounts with him.

Supervisor Gutheil stated that when Joe Patricke is not available he should communicate the information to his assistant so he could answer the board’s questions. There should be cross training going on in the building department.

Mark Mykins appeared before the board and explained that he did not have any information for them and that Joe Patricke was handling this matter.

[Councilman Hewlett arrived at 4:00 p.m.]

Tim Burley, Engineer, was present and gave the board a report on his overview of the water districts. The Town Board had asked Tim Burley for his opinion on where the Town was at today with the water districts vs. two years after the project is done.

Tim Burley stated that he looked at each district and their ability to meet fire flows and peak days. He considered all the possible subdivisions and developments that will want to hook up to the districts, such as, Woodscape Phase II and Bluebird Knolls and others.

He stated that with the new tank going in the Town could handle a little more growth and immediate needs could be addressed, but if the Leonelli Project goes in then the Town could find

they are back in this same situation, regarding water supply, down the road. If we keep raising the bar then at some point the board will have to address how much water they really can tap into. He recommended going to the Town of Queensbury with the Town’s needs and a snapshot of future needs.

The goal would be to throttle the water usage and the way to do this would be through a billing strategy or educational program.

Tim Burley stated the board may want to look at their tapping fees and maybe add a water storage impact fee.

He also recommended setting aside the revenue that is realized from the Cingular Lease and put that money into an account for future painting of the water tank.

Councilman Kusnierz asked how we can regulate approvals from the Planning Board. We have to be able to meet our water demands.

Supervisor Gutheil stated that it is done through close communications. Usually they condition their approvals on the availability of water supply and the DOH may not approve developments either without the water supply.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett approving the following inter-fund loan:

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil asked the board what they wanted to do about the Trust & Agency Fund shortfalls in the accounts for Riverview, Woodscape Phase II and Westgate.

Supervisor Gutheil stated he was sure we would receive the money from the developers.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the Supervisor to pay pre-audit in May the Bartlett, Pontiff, Stewart & Rhodes vouchers charged to the Trust & Agency Fund for legal services rendered in relation to the review of the Riverview, Westgate and Woodscape Subdivisions upon receipt of funds from the developers.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the following transfers:

$5,000.00 from A1990.4 – General Fund – Contingent Account with $50.00 being transferred into A8341.403 – General Fund – Route 9 Water District 6 – Printing, $3,950.0 being transferred into A8341.410 – General Fund – Route 9 Water District 6 – Attorney Fees and $1,000.00 being transferred into A8341.412 – General Fund – Route 9 – Water District 6 – Consultant Fees

$100.00 from A1330.406 – General Fund – Tax Collection – Advertising into A1330.2 – General Fund – Tax Collection – Equipment

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to approve the payment of bills as audited.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

General Fund – A Account:

Claim nos. 590-591, 600-601, 603-605, 607, 611, 614-617, 654-709

762-764, 769-773, 790-792 $ 23,038.08

Town Outside Fund – B Account:

Claim nos. 613, 717-724, 765-766, 774-775, 783-789 $ 1,807.37

Highway Fund – DB Account:

Claim nos. 725-738, 793 $ 10,298.51

Sewer District Fund – GI Account:

Claim nos. 619, 739-740 $ 655.86

Recreation Capital Projects Fund – HP Account:

Claim nos. 592-594, 776 $165,505.05 50

Water District I Fund – I Account:

Claim nos. 741-744 $ 9,928.49

Water District II Fund – II Account:

Claim nos. 612, 618, 745-753, 767, 778-779 $ 1,261.30

Water District IV Fund – IV Account:

Claim nos. 756-758, 780 $ 687.88

Landfill Fund – LF Account:

Claim nos. 777 $ 48.00

Meadow Ridge Lighting District Fund – MR Account:

Claim nos. 608 $ 60.59

Sherwood Forest Lighting District Fund – SH Account:

Claim nos. 606 $ 220.97

Water District III Fund – III Account:

Claim nos. 754-755 $ 16.12

Trust & Agency Fund – TA Account:

Claim nos. 761, 768, 781-782 $ 908.60

Transfer Station Fund – TS Account:

Claim nos. 602, 710-716 $ 13,677.64

Tanglewood Lighting District Fund – TW Account:

Claim nos. 610 $ 118.65

Water District V Fund – V Account:

Claim nos. 759-760 $ 33.93

Woodscape Lighting District Fund – WS Account:

Claim nos. 609 $ 365.76

Info-Fund Skipped numbers 595-599 and 620-655

Supervisor Gutheil thanked Sylvia Hanson for a job well done. This meeting concludes her last day of work for the Town.

Supervisor Gutheil asked Sylvia if she would be available for consultation if needed. Sylvia stated that she would be available through the summer, but not this fall.

Supervisor Gutheil read a resolution to the board that he received from the Association of Towns that calls upon the Governor, New York State Legislature and other State officials to develop a solution that will provide adequate State funding for public education and lessen or eliminate the dependence on local real property taxes without reducing funding to other local governments and local government programs. The Association of Towns is assisting the Property Tax Reform Task Force and the Joint Committee for School Property Tax Reform in distributing information about a rally for property tax reform that they are asking each Town to hold at 12:00 noon on Saturday, May 6, 2006.

The Town Board agreed that they needed time to study this more closely, but for the record, they do support taking the burden off real property taxes. In the future if they are asked to be more involved then they need this type of information in advance.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the Supervisor to sign the DOT Highway Work Permit for Water District 6, Contracts 1 & 2, subject to review and recommendation by Attorney Auffredou.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Discussion followed on lawn restorations still outstanding in Water District 4.

Councilwoman Baker stated that the cost to do all the restorations along Linden Street is $5,537.25. She stated that she has been working on this for three years and there are still issues out there. We are at the window of opportunity and if we don’t move on this then we won’t be able to do it until fall.

We’ve tried to do the restorations before. The contractor hydro-seeded the lawns the first year the project was done and grass grew, but it didn’t come back the following year.

Councilman Kusnierz asked if we had access to money from the contractor and if so then we should go that route.

Supervisor Gutheil concurred, but stated that at one time there were 50 plus complaints and the price quoted at that time was about $1,000.00 per lawn.

Supervisor Gutheil suggested getting an opinion from our attorney and address it at the May 9^th meeting.

Councilwoman Baker stated that she wanted to make sure that it was addressed on May 9^th and that she was given some sort of direction at that meeting. She doesn’t want the board to lose sight of this again.

The EAF for the Cingular Lease was reviewed by the Town Board. Supervisor Gutheil read the questions down through the EAF and the questions were answered.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the Supervisor to check box 1 in Part 2 of the EAF declaring that the execution of the Cingular Lease will not result in any significant adverse environmental impacts and authorizing the Supervisor check box A in Part 2 of the EAF authorizing a negative declaration to be prepared.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker declaring a negative declaration on the Cingular Lease.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Hewlett and seconded by Councilman Kusnierz authorizing the Supervisor to sign the EAF for the Cingular Lease.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the Supervisor to sign the Cingular Lease subject to approval by the Attorney for the Town and the Engineer for the Town.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to adjourn to executive session at 5:20 p.m. to discuss the employment history/performance of a particular unnamed person or persons.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

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 month-end meeting at 5:28 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

No action was taken in the executive session or as a result of the executive session.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to adjourn the month-end meeting at 5:28 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk