A month-end meeting of the Town Board of the Town of Moreau was held on August 31, 2006 in the Town of Moreau Office Building, 61 Hudson Street, South Glens Falls, New York.

At 3:35 p.m. the following Town Board Members were present or absent and the following department heads and general public were present:

Harry G. Gutheil, Jr. Supervisor

Rich Hewlett Councilman

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman (arrived at 3:50 p.m.)

None

Also Present: Jeanne Fleury, Town Clerk; Rudy Klick, Special Projects Aide; Mike Shaver, Water Superintendent; Steve Gram, Recreation Director; Joe Patricke, Building Inspector; and at 3:54 p.m. Bill Richmond from Behan Communications arrived.

The Town Supervisor asked questions on several vouchers and received the following answers:

There was a voucher in for audit for the purchase of 12 quarts of oil for the Water Department and Mike Shaver acknowledged that he buys oil by the case to use when changing the oil on his truck.

There was a $10.00 charge on a bill for repair to a tire in the Water Department and the bill indicated that it was a carry out charge. Mike Shaver explained that he took the tire in to have it plugged and picked it back up. That is the way they bill.

Supervisor Gutheil noted that Mike Shaver took a water test from his own home and to avoid how the public may perceive this he suggested that Mike Shaver refrain from testing his own water too often and sample water from taps in different locations.

The Transfer Station has consistently been billed for 30 yard containers and to our knowledge we don’t use 30 yard containers. Our contract calls for 42 yard containers. He also reminded the board members that they need to get a handle on the revenues and expenditures down there.

Supervisor Gutheil asked Mike Shaver why there was a charge to the A fund for a dig number. Following discussion with Mike Shaver it was decided to pay the bill and then figure out the proper account to charge this to and that account could be charged back.

Supervisor Gutheil asked the board if they agreed that if Bat Con and/or Chicago Bridge and Iron are using our utilities during the construction of Water District 6 then they should pay for the utilities and the board members agreed. The amount will be deducted from the final payment to them.

The bill for maintenance of the truck in the Recreation Department indicated that there was sludge in the oil when it was changed and this appears to indicate poor maintenance of the vehicle. The power steering fluid was also low. Supervisor Gutheil suggested that they step up the oil changes.

Supervisor Gutheil asked Rudy to check on the state contract price for grass seed and check and see if Ace Hardware sells it.

Supervisor Gutheil asked Rudy to go over the bills for rags for the highway department with the Highway Superintendent. He thought $190.00 was high. [amended 9/12/06 jf]

Supervisor Gutheil asked Rudy to discuss the purchase of knives for the international mower with the Highway Superintendent. They paid more in June than they did in July from the same vendor.

Nancy Ryan at the Transfer Station asked the board to consider removing the restriction from the phone service at the Transfer Station so she could make long distance calls. Nancy would like to be able to call vendors out of the area for quotes and on service. The board didn’t have a problem with this. Councilwoman Baker was going to check on the cost for long distance service.

Supervisor Gutheil noted that the repairs to the loader at the landfill over the past three years totaled a little less than $4,900.00. Ron Gilligan from the Highway Department is asking for some direction from the board on what they want to do about repairing the loader. An estimate was received from Milton Cat. It was decided to get a recommendation from the Highway Department and the vendor.

The compactor at the Transfer Station was discussed. Councilwoman Baker stated that Art from Artran was willing to meet with the Town Board and it was his recommendation that the compactor be replaced. For the money that we will have to put into the concrete pad and rehabilitation of the compactor we might better buy a new compactor. There was a concern expressed by the board over the fact that Art doesn’t have insurance. He subcontracts out all the work and his subcontractors have the insurance. It was also the consensus of the board that we should check his references.

Bids were opened on August 29^th for Water Services Contract 3A. The engineer estimated $85,000.00 and the bids came in at $114,083.46, $116,575.00 and $132,300.00. We need to hear from our engineer, but Supervisor Gutheil said he was inclined to reject all bids.

At 4:00 p.m. the business portion of the meeting commenced.

An invoice in the amount of $105.00 from Billington Plumbing and Heating, Inc. to the South Glens Falls Youth Baseball was discussed. This bill was presented to the Town Board on May 9, 2006 by the South Glens Falls Youth Baseball. The bill was for repair to the hot water heater in the concession stand at the Rec. Park. The repair work was ordered by Loni Hubinsky and was not authorized by the Town Board or the Recreation Director. The minutes of May 9^th reflect the events that led up to the repair of the hot water tank. It was the consensus of the Town Board that this bill would not be paid by the Town. One, the bill was made out to South Glens Falls Youth Baseball and two, the repair to this heater circumvented Town policy. Steve Gram, Recreation Director, was instructed to send a written letter to this organization informing them that they cannot do any unauthorized work at the park that is not approved by the Town Board and Recreation Director.

Supervisor Gutheil noted that he won’t certify the bill from Bat Con in the amount of $821,023.05 at this point in time. Rudy checked the daily field reports and found a $7,500.00 difference. Once Rudy is satisfied the voucher will be circulated for audit and it could be paid pre-audit in September. There are two vouchers from Burley and Guminiak that the Town Board will do the same thing with.

Supervisor Gutheil noted that the bill from Bartlett, Pontiff, Stewart & Rhodes in the amount of $1,124.00 for work done on Local Law 2 of 2006 was rather hefty. He didn’t think it was an overly sophisticated law that should warrant as many legal hours as it did. Joe Patricke stated that there were a lot of changes to schedules in the Zoning Law. Supervisor Gutheil said it meant changing a column on a spreadsheet.

Supervisor Gutheil suggested processing the voucher and then talk with Attorney Auffredou and see if he will address it.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to offer the positions of part-time, seasonal laborers with no benefits in the Recreation Department to Roderick Haff and George Crandall at $8.50 per hour and subject to successful completion of a pre-employment physical.

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 authorizing the transfer of $179.99 from A1110.480, General Fund, Court, Miscellaneous into A1110.2, General Fund, Court, Equipment.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Discussion followed on the purchase of a pump for the Sewer District again. It was the consensus of the board that Mike Shaver should check with Tim Burley, Engineer for the Town and get his opinion. We should show in the record why we aren’t going with the lowest quote.

In the meantime, the following action was taken to purchase the pump:

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the purchase of a pump for Sewer District 1 in the amount of $9,863.00 from Emerick Associates provided that it is the engineer’s opinion that purchasing this pump is in the Town’s best interest.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Mike Shaver, Water Superintendent, addressed the board about department heads having to attend Town Board Meetings. He stated there was a resolution made at the first of the year that reads a department head has to attend a meeting if there is financial discussion. He stated that if there is business involving his department that needs to be taken care of he will be here, but he has been told he can’t leave the meetings early. If there is something important then they shouldn’t have to wait until the end of the meeting to discuss it. He stated that there are days when he works 10-12 hours a day and if he attends a board meeting after hours then he should be able to take an hour off during another day. He has been told he can’t do this and this is not right.

Supervisor Gutheil stated that generally they try to get the department heads out of the meetings early. We value the employee’s time as much as our own. Sometimes it gets away from them. We can try to get the items involving department heads as early as possible in the meeting so they can leave. He stated that they would take his comments under consideration.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to adjourn the meeting to executive session at 4:36 p.m. to discuss the employee history/performance of a particular unnamed person(s) and CSEA contract 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 Kusnierz to adjourn the executive session and re-open the month-end meeting at 4:58 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 in the executive session or as the result of the executive session.

Councilwoman Baker reported that she needs to make arrangements with the City of Saratoga for another load of compost for the fields in the Rec. Park. Split seeding will be done along with fertilization and checking of the ph. The ph level is a lot better now. There is a memorandum of understanding written by Jim Miller, Engineer, that Attorney Auffredou has reviewed that basically says the contractor will do a, b and c and that we will do the mowing and dragging of the infield, but in no way does this mean that we are taking over the field yet.

Supervisor Gutheil stated that Jim Miller took notes at the meeting at the Rec. Park and the notes indicate that there was an agreement. Supervisor Gutheil sent Jim Miller a memo advising him that this wasn’t correct. We are not indicating that this will correct the situation. Our contract still stands.

At the previous meeting a request from Justice Tracy and Court Clerks, Colleen Nichols and Ron Belisle to attend a conference was approved, but a cash advance was not. Their request included a request for a cash advance and this was inadvertently overlooked at that meeting.

Town Justice Edward Tracy requested a $700.00 cash advance and Colleen Nichols and Ron Belisle requested a $556.00 cash advance each.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing a cash advance to Town Justice, Edward Tracy, in the amount of $700.00 and cash advance to Colleen Nichols and Ron Belisle, Court Clerks, in the amount of $556.00 each.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz approving the following water billings:

Water District 2

Customer Number: 20714 Customer Number: 20265

Bill Number: 75591 Bill Number: 75592

Usage Period: 3/4/06-8/29/06 Usage Period: 3/2/06-8/29/06

Billing Date: 8/29/06 Billing Date: 8/29/06

Joseph & Lorry Higgins Robert Baker/Frank Jelley

3 Aster Court 5 East Road

South Glens Falls, NY 12803 South Glens Falls, NY 12803

Consumption: 24,300 Gallons Consumption: 900 Gallons

Amount Billed: $74.19 Amount Billed: $32.00

Final Bill Property Sold to Durham Final Bill Property Sold to Weeks

Customer Number: 30001

Bill Number: 75590

Usage Period: 7/29/06-8/28/06

Billing Date: 8/28/06

Hexion

Accounts Payable

P.O. Box 1310

Columbus, OH 43216

Location: Farnan Road – Moreau Industrial Park

Sewer Usage: 349,000 Gallons

Water Consumption: 1,240,000 Gallons

Sewer Bill: $1,745.00

Water Bill: $2,579.00

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilwoman Baker and Town Clerk, Jeanne Fleury, told the board members that they had narrowed the purchase of a folding/inserting machine down to two vendors, Metroland and Pitney Bowe and had received their final prices as follows:

Metroland $6,135.00

Annual maintenance: $653.00

Six month warranty

Pitney Bowe $5,501.00

Annual maintenance: $750.00

Six month warranty

Discussion followed on where the money was going to come from to pay for this machine. The Town Clerk stated that money was budget in the water accounts, but some of it should come from Town Hall building as every department can use the machine.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the purchase of a DI500 folding/inserting machine from Pitney Bowe in the amount of $5,501.00 and pro-rate the purchase price amongst the various accounts in the departments that will be using the machine.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Discussion followed on the house that is for sale on Route 197 next to the building the Town purchased to house the Town Court. The Town Board decided to meet with the Town Justices to see if the court can utilize the building.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve payment of bills as audited and to authorize pre-audit in September of the bills from Bartlett, Pontiff, Stewart & Rhodes in the amount of $154.50 and $60.00 and Bat Con in the amount of $240,448.94 and to add to this abstract the bills from Lewis & Greer in the amount of $18,274.56, $4,920.00 and $10,179.38.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Abstain

Supervisor Gutheil Aye

AUDITED CLAIMS:

General Fund – A Account:

Claim nos. 1537-1539, 1542-1543, 1548, 1551-1552, 1555-1556,

1558-1559, 1561-1562, 1564, 1569-1595, 1652-1663, 1676-1682,

1685-1687 $ 54,564.11

Town Outside Fund – B Account:

Claim nos. 1549, 1635-1651 $ 2,649.89

Highway Fund – DB Account:

Claim nos. 1619-1634, 1664-1670, 1683 $ 9,440.68

Sewer District I Fund – GI Account:

Claim nos. 1557, 1610 $ 1,093.84

Recreation Capital Projects Fund – HP Account:

Claim nos. 1540-1541 $ 112,409.50

Water District 6 Capital Projects Fund – HS Account:

Claim nos. 1553-1554 $1,265,135.89

Water District 1 Fund – I Account:

Claim nos. 1609, 1671 $ 316.30

Water District II Fund – II Account:

Claim nos. 1550, 1563, 1565, 1611-1618, 1672, 1684 $ 21,281.62

Water District 4 Fund – IV Account:

Claim nos. 1567, 1607-1608 $ 9,055.58

Landfill Reserve Fund – LF Account:

Claim nos. 1605-1606, 1673 $ 2,906.51

Meadow Ridge Lighting District Fund – MR Account:

Claim nos. 1547 $ 56.29

Sherwood Forest Lighting District Fund – SH Account:

Claim nos. 1546 $ 203.23

Water District III Fund – SW Account:

Claim nos. 1566 $ 4,124.73

Trust & Agency Fund – TA Account:

Claim nos. 1602-1604, 1674 $ 1,115.00

Transfer Station Fund – TS Account:

Claim nos. 1560, 1596, 1597-1601, 1675 $ 15,419.06

Tanglewood Lighting District Fund – TW Account:

Claim nos. 1544 $ 108.98

Water District V Fund – V Account:

Claim nos. 1568 $ 846.67

Woodscape Lighting District Fund – WS Account:

Claim nos. 1545 $ 334.93

_________________________________________________________________________

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz authorizing the Highway Superintendent to make the following purchases contingent upon the roads intended to be paved match the list in the 2006 budget:

Asphalt – concrete – misc. blacktop from Jointa Galusha in the amount not to exceed $10,000.00 under county contract #06-PWAC-3R.

Asphalt – concrete to use on roads listed in 2006 budget from Jointa Galusha and Peckham Materials at an amount not to exceed $177,000.00 under county contract #06-PWAC-3R.

Nova Chip from Gorman Bros., Inc. under county contract #05-PWPA-30R in the amount not to exceed $60,000.00 for Clark Road east of double culvert to pavement change 3,200 feet and Selfridge Road and Clark Road to Town Line 4,490 feet.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Absent

The Highway Superintendent obtained the following quotes for the purchase of two tires for the paver:

Warren Tire 2 – 1600 x 24 General E7 Sand Rib 12 Ply Tires including shipping: $1,400.00 each

Terry-Haggerty Tire 2 – 1600 x 24 Firestone 12 Ply #426149 $678.24 each

Mileage $1.25 per mile ($70.00)

Dispatch Fee $25.00

Calcium $59.00 per 100 lbs.

Spud Valve $30.00

2 – O-Rings if needed $25.00

2 – Tubes if needed $100.00

Total $1,665.48

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast authorizing the Highway Superintendent to purchase two tires for the paver from Terry-Haggerty Tire Co. in the amount not to exceed $1,665.48 contingent upon the Highway Superintendent not being able to get a third quote.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Absent

The Highway Superintendent also requested permission to purchase a battery booster pack and jumper, but only had one quote. The Town Board tabled approving this request so the Highway Superintendent could try to get two more quotes.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to adjourn the meeting at 5:30 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Absent

Meeting adjourned at 5:30 p.m.

Respectfully submitted,

Jeanne Fleury

Town Clerk