A regular meeting of the Town Board of the Town of Moreau was held on February 14, 2006 in the Town 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; Joe Patricke, Building Inspector; Steve Barody, Highway Superintendent; Bill Richmond from Behan Communications; Mike Shaver, Water Superintendent (arrived at 7:07 p.m.); Martin D. Auffredou, Attorney for the Town (arrived at approx. 7:30 p.m.); Steve Gram, Recreation Director (arrived at 8:00 p.m.); and the following Town Residents, Louise and George Terpening; Tim Kays; Charles Rowson and Jan Kropp; Loni Hubinsky; Keith Kreppein; Robert Renaud; David Dyer; David Nagle

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:

January 24^th, January 31^st (2 Sets) and February 28^th

There were no corrections made to the above referenced minutes. Councilwoman Baker made one comment and that was to the Town Clerk regarding the minutes from the public meeting on the Moreau Lake State Park Master Plan and what a good job the Town Clerk did on the compilation of those minutes.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast approving the minutes of January 24^th and both sets of minutes for January 31^st and to receive and file the minutes from the public meeting held on February 8^th.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

At this point in the meeting the Town Board did not set any meetings and/or workshops.

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

[Note: Reports were not received from the Dog Control Officer or the Transfer Station]

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 to approve the following water billings:

Usage Period: August 19, 2005 – February 13, 2006

Consumption: 4,097,752 Gallons

Amount Billed: $9,768.76

Number of Customers: 96

Usage Period: September 10, 2005 – January 31, 2006

Consumption: 35,200 Gallons

Amount Billed: $117.92

Number of Customers: 1

Usage Period: September 10, 2005 – January 30, 2006

Consumption: 13,888,650 Gallons

Amount Billed: $42,928.82

Number of Customers: 527

Usage Period: September 10, 2005 – January 30, 2006

Consumption: 1,155,000 Gallons

Amount Billed: $4,123.31

Number of Customers: 61

Customer Number: 40455

Bill Number: 73448

Usage Period: 9/10/05-2/7/06

Billing Date: 2/7/06

Frederick Abess

14 Donna Avenue

South Glens Falls, NY 12803

Consumption: 13,700 Gallons

Amount Billed: $44.42

Final Bill Property Sold to Joseph & Christina Taylor

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 to adopt the following proclamation for the 29^th Annual Marathon Dance at South High:

WHEREAS, this proclamation is being presented in observance of the 29th Annual Marathon Dance to be held as a benefit to the community and the region, and

WHEREAS, in 1978 the first Marathon Dance was held with fifty 9^th through 12^th grade dancers participating and over the past 28 years the Marathon Dance has grown to over 500 dance participants; and

WHEREAS, when the first Marathon Dance originated in 1978 the amount raised in donations was $1,500.00 and this amount has increased to the $160,000.00 that was raised last year, and

WHEREAS, a whopping $1,215,643.00 has been raised by the Marathon Dance over the past 28 years, and

WHEREAS, proceeds raised by the 29^th Annual Marathon Dance will be contributed to the benefit of Adirondack Camp Comfort, CARITAS, Brandon Newell, Melissa McCane Memorial Scholarship, Victoria Ramsey, Alyssa Young, Amanda Couse, Sandra Erannell, Kevin Powers, Bill LaFountain and Nancy Tucker Morrison, Josephina Alaya, Kelly’s Kause, Michael Tyler Reed-VanBuren, Jaklyn Sophia, Homeless Youth Coalition, Ken Powers, and

WHEREAS, the Town Board of the Town of Moreau, wishes to express their sincere gratitude to all persons involved and especially to the students who devote their time and effort to making the Marathon Dance a success, and

NOW, THEREFORE, BE IT RESOLVED, that the Town of Moreau hereby proclaims March 3rd and 4th "Dance Marathon Weekend" as a tribute to our community.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A request was received from the Michael’s Group for an extension of the Woodscape Phase I Lighting District to include the 53 lots in Phase II of their development.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to request from National Grid a proposal for the installation of lights in the Woodscape Subdivision, Phase II.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated that a public informational meeting was held on February 8^th at the Senior High School regarding the Moreau Lake State Park Master Plan at which time the state parks representatives gave a presentation on their master plan.

Supervisor Gutheil stated that he has received some correspondence regarding this plan and he received a call concerning traffic impacts, proposed camping at the end of Potter Road and the proposed closure of Old Saratoga Road.

Supervisor Gutheil also noted that the New York State Office of Parks, Recreation and Historic Preservation has extended the comment period on the draft plan and DEIS for an additional 30 day period until March 20, 2006.

The Town Board scheduled a workshop to be held on March 8, 2006 at 7:00 p.m. to discuss the park’s master plan.

Supervisor Gutheil asked if anyone present wished to comment on the master plan.

Jan Kropp from Old Saratoga Road thanked the Town Board for requesting the meeting with the state parks representatives that was held on February 8^th and for requesting and pushing for an extended comment period.

Jan Kropp advised the board that she was circulating a petition and obtaining signatures from residents and non-residents of the Town. The petition opposes the closure of Old Saratoga Road. Jan asked if she and Chuck could collect signatures on the petition at the Transfer Station on Saturday. The board members didn’t object to this, but was a little concerned over safety and they didn’t want the cars to back up. It was recommended that they circulate their petition at the recycling area.

Jan Kropp also stated that she wanted the Town Board to know that the picture shown on the slide presentation at the February 8^th meeting of cars lined up along the road was not taken on Old Saratoga Road, but rather inside the Moreau Lake State Park. She stated that the closure of Old Saratoga Road and the gate proposal was irresponsible. She also heard that Andre Delvaux from the Moreau Emergency Squad had stated that the closure of Old Saratoga Road and the installation of gates was not a good idea and not in the best interest of the citizens of the Town.

Supervisor Gutheil stated that a letter from the Moreau Emergency Squad stating this would be beneficial.

David Nagle spoke about the Potter Road area and the residential development that is going on down there and the children that play in the area. He stated that the master plan proposed is irresponsible and poorly designed. He also mentioned that people can’t swim in that section of Hudson River. He also is not in favor of the Potter’s Point development. He may be okay with primitive camping and river access; it would eliminate some of the traffic. Trash would also be a problem. He stated that he is in support of the people on Old Saratoga Road and the closure of Old Saratoga Road is ridiculous.

Another resident present stated that he understood the parks reason for proposing cabins was due to aging demographics. Yet, they are now proposing pop up tents and recreational vehicles.

Councilman Hewlett stated that the master plan is poorly done. The state parks representatives haven’t even approached the Town Planning Board about their proposal. He will do whatever he can to prevent the Potter’s Point development and the closure of Old Saratoga Road.

Glen Kays was in opposition of the closure of Old Saratoga Road and asked the board if they understood, as he did, that the reason for this proposal was due to lack of adequate parking.

Supervisor Gutheil thought it was two-fold. The state parks want RV sites between Old Saratoga Road and Route 9 and they want off-road parking for their patrons.

Jan Kropp stated that at the first meeting had by the state parks representatives it appeared their concern was over pedestrians crossing the road. She used Hearthstone as an analogy and how the pedestrians have to cross a busy main highway to get from campsite area to another. She also was of the opinion that the state parks just don’t want to man another booth and their proposal is all about economics. She wondered why they didn’t consider an entrance from Route 9 into their proposed RV section.

Supervisor Gutheil stated that it is important to create an effective record. The people who will be approving this plan aren’t attending any of the meetings.

Glen Kays asked if Moreau Lake State Park was just opening for the first time would they have to approach the Town for approval of the entrance. The answer was that they aren’t exempt and probably would have to get a driveway permit at the very least.

Louise Terpening, who lives across from South Road on Old Saratoga Road, stated she only saw traffic backed up on Old Saratoga Road one time last summer.

George Terpening thought the state bought up all this land with this plan in mind and that the plan is out of proportion with the size of the lake. He stated that they should downsize the whole plan.

This concluded the discussion on the Moreau Lake State Park Master Plan.

Attorney Auffredou had arrived and Supervisor Gutheil told him what had been done on the request for lighting in Phase II of Woodscape. Attorney Auffredou stated that a public hearing should not be set until we get information from Niagara Mohawk.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the Supervisor to sign an agreement with New York Fire & Signal for maintenance of the fire extinguishers in the Town Buildings per their proposal.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Board has waived the charge for sewer that services Hexion in the Moreau Industrial Park for over a year now. The reason for this was that the fund balance for that district’s account was rather large. It has now dwindled down to a point where the Town needs to start charging for sewer again. A new lower rate has been discussed. The Town’s cost under the agreement with the City of Glens Falls for sewer has ranged from $4.85 per 1,000 gallons up to $6.66 per 1,000 gallons over the course of three years now. The Water Superintendent recommends a rate of $5.00 per 1,000 for sewer.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to adjust the sewer rate from $5.48 per 1,000 gallons to $5.00 per 1,000 gallons.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated that SEDC is looking for a resolution from the Town Board. They are doing boundary changes for the Empire Zone and the regulations. The zones must now be contiguous to each other. In Moreau the new boundaries will include Epic Ventures and all the lots in the industrial park. The way it is set up is if you bring in a major project you can apply for zone status within flexible areas, so it isn’t ruling out other development.

Councilman Kusnierz asked if the new boundaries will include any properties involved in tax certiorari cases with the Town. Supervisor Gutheil replied no, but you never know down the road. The ones that Councilman Kusnierz is talking about are under a pilot right now and the pilot runs out in 2010 or 2011.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz to adopt a resolution supporting and concurring with Saratoga County’s application for redesignation of certain areas within Saratoga County as an Empire Zone, subject to Attorney Auffredou’s approval.

Discussion followed on the boundary description that was included with the resolution from SEDC. Attorney Auffredou asked where the description came from and was of the opinion that the Town Board should be sure the boundary description of the 203.46 acres is accurate before adopting.

The resolution was tabled.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to waive the reading of the resolution to adopt Local Law No. 1 of 2006.

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 Councilman Kusnierz and seconded by Councilwoman Baker to adopt the following resolution:

WHEREAS, by Local Law No. 3 of 2003, adopted August 26, 2003, the Town Board of the Town of Moreau ("Board") enacted Chapter 113-A of the Town Code establishing a moratorium on the operation of new mines and the expansion of existing permitted mines in the Town of Moreau, and

WHEREAS, by subsequent local laws, most recently Local Law No. 3 of 2005, adopted on September 27, 2005, the Board extended the moratorium, and

WHEREAS, the Town Board is considering the adoption of Local Law No. 1 of 2006 which extends the moratorium for an additional period of 180 days on the issuance of permits and special permits as provided by Chapters 113 and 149 of the Town of Moreau Code for new mines, quarries, gravel pits and sand, gravel and mineral extraction operations and the expansion of existing permitted mines, quarries, gravel pits and sand, gravel and mineral extraction operations within the boundaries of the Town of Moreau, and

WHEREAS, the Board has made substantial progress toward the enactment of comprehensive changes to Chapter 113, has prepared a draft comprehensive law, and has referred the draft comprehensive law to the Saratoga County Planning Board, and the Town’s comprehensive plan committee, and

WHEREAS, the Board finds that additional time is needed to complete the review of the current local legislation and to revise and develop comprehensive changes to Chapter 113, so that the proposed law is based upon and consistent with the Town’s draft comprehensive master plan, and

WHEREAS, the current moratorium will expire on February 24, 2006 unless extended by the adoption of Local Law No. 1 of 2006, and

WHEREAS, pursuant to §20 of the Municipal Home Rule Law, a public hearing on the proposed adoption of Local Law No. 1 of 2006 was duly advertised, noticed and thereafter conducted on February 14, 2006 at the Town Hall, and

WHEREAS, the Board has considered the public comments made at the public hearing, and

WHEREAS, after thorough review and deliberation, the Board proposes to adopt Local Law No. 1 of 2006, and

WHEREAS, the Town reconfirms its determination made on August 26, 2003 that the current provisions of Chapters 113 and 149 for regulating and zoning of mining operations are insufficient and in need of updating, and the moratorium will provide the Town needed time to examine the impacts that mining operations present to neighboring properties and uses, to further review and refine the draft comprehensive local law, and to consider how mining is addressed in the Town’s daft comprehensive master plan, and

WHEREAS, the Board has determined that the adoption of Local Law no. 1 of 2006 is in the best interest of the Town of Moreau, and is necessary to protect the health, safety and welfare of the Town of Moreau and the residents thereof, and

WHEREAS, the Attorney for the Town has prepared the documents necessary for filing a local law with the Secretary of State including the text of the law itself;

NOW, THEREFORE, BE IT RESOLVED, that the Board hereby adopts Local Law No. 1 of 2006 annexed hereto; and

BE IT FURTHER RESOLVED, that Local Law No. 1 of 2006 shall become effective immediately and as provided by law; and

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Town Supervisor, Town Clerk and Attorney for the Town to make such minor modifications to the local law documents as they deem necessary and thereafter are directed to execute and file said documents as required by law and to take all the necessary actions for the promulgation thereof.

Roll call vote resulted as follows:

Supervisor Gutheil Aye

Supervisor Gutheil advised that he received a fax from the Environmental Facilities Corp. (EFC) and he read the letter out loud. He also received a fax from Tim Burley, Engineer for the Town, giving his recommendations on awarding of bids for the Water District 6 Project as follows. It is his recommendation to award the following bids:

Contract No. 1– Distribution System – Low Bidder was BAT CON, Inc. - $3,615,450.00 including Alternate A, Michael’s Group Ext. and Alternate B Deduct for Butterfly Valve

Contract No. 2 – Elevated Water Storage Tank – Low Bidder was CB&I - $1,636,000.00 including Alternate B increase to provide a 750,000 gallon tank

Contract No. 3 – Water Services – Low Bidder was BAT CON, Inc. - $851,695.00 – Base Bid Only

Tim Burley did not have any concerns over the capability of either BAT CON or CB&I doing the work.

Attorney Auffredou spoke with John Della Rocca of EFC today and Mr. Della Rocca believes that Mr. Gillday at DOH has reviewed the revised plans. EFC will be providing a copy of their approval of the revised cost estimates. The critical piece of information missing is the Certificate of Title that says the Town has in place all right, title, access for the purposes of the project and for the Town this means the easements. We have some work to do to obtain the easements. A total of 18 have been obtained and recorded in the Saratoga County Clerk’s Office. Lack of a Certificate of Title doesn’t mean the Town can’t close with the EFC, but rather the Town wouldn’t be able to get advancements or reimbursements for construction costs from the EFC. Mr. Della Rocca fully expects the loan committee to approve the loan and we should be able to close in March. The loan committee likes the project and they have not identified any problems with it. He spoke with Mr. Della Rocca about awarding a contract. If we were to award a contract before the Certificate of Title were in place or before the closing the Town could do some short term financing through BANS or inter-fund loans, which would be reimbursable through the EFC zero interest loan. BANS are a long process and inter-fund loans would be more feasible. If we closed in March we would be looking at a first payment under the loan sometime at the beginning or middle part of 2007. One option is to reach out to the successful bidder and say we are awarding the contract, but we can’t fund any construction costs until we close with the EFC and that could be a month of two. Alternatively, the board wouldn’t award a contract tonight and review their options about financing, BANS vs. inter-fund loans.

Supervisor Gutheil asked Attorney Auffredou if they could award the contracts, but hold the notice to proceed.

Attorney Auffredou stated it wouldn’t be a problem as long as the contractor understands what the Town Board is doing.

Councilman Kusnierz stated they could issue a notice of award with a contingency plan whereby we could loan ourselves money to keep the project going. He made this his motion.

Supervisor Gutheil stated we do have money available. On the tank we could submit bills like we did before on the other GE Project.

Councilman Kusnierz said as long as we know the money is reimbursable.

Supervisor Gutheil stated that actually the costs are more than what we are getting with the loan and grant. We need a million dollars of the GE Money just to make the project work.

Councilman Kusnierz withdrew his motion and the following action was taken:

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to award Contract No. 2 to CB&I who submitted the lowest responsible bid in the amount of $1,636,000.00, which will be paid from available funds through the DWSRF upon closing and available GE/Moreau money.

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 Councilman Kusnierz and seconded by Councilwoman Baker to award Contract No. 1 to BAT CON, Inc. who submitted the lowest responsible bid in the amount of $3,615,450.00, including Alternate A & B, contingent upon a successful closing with the EFC and Alternate A contingent upon the Michael’s Group entering into an agreement with the Town and depositing money to cover Alternate A and award Contract No. 3 to BAT CON, Inc. who submitted the lowest responsible bid in the amount of $851,695.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated that a recent memo was received from Attorney Auffredou regarding proposed fees for subdivisions, apartment complexes, etc.

The Town Board tabled discussion on fees until they had time to review the information before them.

Steve Gram, Recreation Director, obtained two quotes for trash removal on a weekly basis from the beach during a period of June 15^th through September 7th and the rec. park during the period of April 1^st through November 1^st. The quotes were as follows:

Springer Waste Management

$65.00 monthly for trash pick up at beach

$203.00 monthly for trash pick up at park

Waste Management

$99.00 monthly for trash pick up at beach

$245.00 monthly for trash pick up at park

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing Springer Waste to pick up trash once a week at the Rec. Park at a cost of $203.00 per month and at the beach at a cost of $65.00 per month.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Gram obtained quotes for the rental of portable toilets during the period of April 1^st through November 1^st. The quotes were as follows:

Cook’s Septic $1,320.00

Stone Portable Toilet Rentals $1,358.00

IBS Septic and Drain Service, Inc. $1,120.00

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the rental of Port-O-Potties from IBS for a seven month period at a cost of $1,120.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Gram also obtained quotes for the purchase of 40 cases of athletic marking paint. The quotes were as follows:

Score American Soccer $1,158.00 (includes s/h)

Passonno Paints $2,200.00 (includes s/h)

Collegiate Pacific $1,500.00 (includes s/h)

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the purchase of 40 cases of athletic marking paint from Score at a cost of $28.95 per case for a total of $1,158.00, which includes shipping and handling.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Gram gave the Town Board a list of employees he wanted to rehire for the summer to work in the rec. department.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to rehire the following persons to work in the rec. department for the summer months:

Ryan Kobor $8.75 per hour Laborer Yes

Tucker Brown $8.75 per hour Laborer Yes

Emily Knapp $9.00 per hour Head Lifeguard Yes

Janelle Bashant $8.25 per hour Lifeguard Yes

Rachel Varney $8.25 per hour Lifeguard Yes

Gabrielle Aitcheson $8.00 per hour Lifeguard Yes

Steve Hagey $8.00 per hour Lifeguard Yes

Karen Woodell $12.50 per hour Specialist-Youth Arts & Crafts No

Tim Gleason $12.50 per hour Specialist-Youth Tennis/

Volleyball/Soccer/Basketball No

Robert Archambault $12.50 per hour Specialist-Youth Golf No

Howard Weller $12.50 per hour Specialist-Youth Wrestling No

Ed Burt $10.00 per hour Recreation Assistants-

Wrestling No

Ray Hoag $12.50 per hour Specialist-Evening Soccer No

Tim Streeter $12.50 per hour Specialist-Evening Soccer No

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilwoman Baker noticed that there was only one person in charge of the Arts & Crafts Program. She asked Steve Gram how many children participate and the answer was usually 30. The board agreed that if there are that many children then Steve should look for another person to assist the Arts & Crafts Specialist.

Discussion followed on a problem with vandalism in the bathroom of the Moreau Elementary School, which the principal is claiming was caused by siblings of some of the children playing basketball in the rec. basketball program, which is held at the school. Steve Gram explained to the board that the problem being encountered is that some of the parents are coming to watch their children play basketball and bringing the other siblings with them and some of the siblings are running the hallways unattended. He encountered a situation the other night whereby parents dropped the siblings off and left them. Steve has been at the school recently and supervising to make this doesn’t continue. Councilwoman Baker stated that the parents and children have to be made aware that playing in the basketball program and using the school for the program is a privilege and if it is misused then the program will be jeopardized. The board members concurred with this.

Supervisor Gutheil acknowledged receipt of a donation in the amount of $750.00 from Loni Hubinsky from the South Glens Falls Girl’s Softball Organization. The donation was to be applied towards the finishing of the quads at rec.

The board thanked Loni Hubinsky for the generous donation.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to accept the donation of $750.00 from the South Glens Falls Girl’s Softball Organization and for it to be deposited into the Recreation Capital Projects Fund and used towards the completion of the quads at rec.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil read a draft letter prepared regarding an increase in water rates in Water District 1. This letter will be mailed with the water bills for Water District 1 on February 28^th. The board did not raise any objections to the letter being sent or its wording.

Supervisor Gutheil gave a copy of a draft lease agreement from Cingular to place an antennae on the Town’s Water District 2 Water Tank to Attorney Auffredou for review.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the issuance of a mining permit renewal to Chris Barden for a mining operation on Washburn Road.

HIGHWAY DEPARTMENT REQUEST – REPAIR TO LANDFILL CAT LOADER:

The Highway Superintendent submitted a quote from Milton Cat for repair of the turbo unit on the CAT Loader at the landfill. The turbo unit is pushing out motor oil.

The quote was in the amount of $498.85 for the turbo unit and a core deposit of $609.11. It was noted that the core deposit may or may not be refunded. It depends on whether or not the turbo unit taken out can be rebuilt or not.

Councilwoman Baker asked if while the loader is in for repair we should have them look at the rims too. The rims on the loader need to be replaced and additional quotes were supposed to be obtained.

The Highway Superintendent will check to find out if there were quotes obtained or not.

A roll call vote on the motion to have the turbo unit replaced resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilman Kusnierz reported that the Recreation Commission met on February 6^th and they discussed revenue stream sources, fees for pavilions, sponsorship deals and status of the Pepsi Contract.

Councilman Kusnierz stated that the last time we received a $12,000.00 payment from Fitzgerald Brothers under the Pepsi Contract was in 2004.

Supervisor Gutheil stated that we could ask them for money for 2005 under their contract and if they don’t pay us then we could have them pull their machines out of the park and we could sever the contract with them.

Steve Gram advised that the machines were pulled from the park last fall.

Councilman Kusnierz suggested that Steve Gram send Fitzgerald Brothers a letter of intent and give them a certain date to respond by.

Councilman Kusnierz stated that the other topic covered at the Recreation Commission Meeting was use of fields. Some are set up for little league and some for softball. Some groups want to be able to use all the fields and other groups don’t want some of the fields used. The rec. staff and commission are looking for some direction on how this should be regulated. Councilman Kusnierz asked if the Town Board should be involved or should we give the Recreation Director authority to handle it. One recommendation was no softball on field 1.

Loni Hubinsky stated the only softball played on field 1 is T-Ball and Bantam. There is no sliding and the kids aren’t pitching. T-Ball is for 5-6 year olds and Bantam is 7-8 year olds.

Councilman Hewlett stated that the Recreation Director should make the call. He doesn’t want to micro-manage the park.

Loni Hubinsky stated that there is no difference in T-Ball for girls or boys. They use the field the same way. They still have coaches pitching. We don’t have field 4 yet and if you take field 1 away then there is no options for the girls T-Ball and Bantam.

Councilman Kusnierz stated that we should let the Recreation Commission work it out so it doesn’t become an issue.

Supervisor Gutheil stated we don’t want to get involved in the scheduling at the park. It should be between the Recreation Director and Recreation Commission.

Councilman Prendergast stated that these issues should be headed off before they come to the Town Board. However, he stated that he doesn’t like hearing that the field is being held for use by the boys only and the girls aren’t going to be allowed to play on it. The fields are open to anyone in Town to use.

Councilwoman Baker agreed with this statement from Councilman Prendergast.

Steve Gram stated he wasn’t trying to discriminate against anyone. He didn’t want softball played on the legion field and pitching off the grass. He thought T-Ball players should play on field 4 and field 1 should be for baseball only.

Supervisor Gutheil stated we shouldn’t have to deal with this. If there are any unresolved issues then the Town Board may have to get involved.

Councilwoman Baker stated that everybody should be able to play on the fields if they are playing the same way.

Councilman Kusnierz stated he would support what a majority of the Recreation Commission recommends. He won’t overrule it.

Councilman Hewlett reported that he wasn’t doing very well getting quotes for the maintenance of the cemeteries. Most of the people he contacted felt it was cost prohibitive to have them maintain the cemeteries. They would have to pay prevailing wage rate at $28.00 to $35.00 per hour. He has a couple more quotes coming in that could be used at budget time for next year.

It was his recommendation that the board should hire someone to maintain the cemeteries and pay them per hour.

Councilwoman Baker reported that the new Nextel phones have arrived and she will be distributing them. She asked the board if they had a problem with purchasing belt clips for those who wanted them and the board didn’t have a problem with this.

Councilwoman Baker reported receiving one quote to repair the roof of Town Hall.

Councilwoman Baker gave an update on the proposed community center. They have down scaled the project from $12 million to $10 million. Doug Taylor has contacted Nibco regarding transfer of title for the land where the new center is supposed to be built. There has been $1

million in pledges, but some are over a five year period. Next month the community center is going to set up their accounts receivables, so we should start seeing the pledges that are made.

Councilman Kusnierz brought up the rec. park again, in particular, proposed fees for use of pavilions.

Ray Hoag reported that at the last Recreation Commission Meeting they discussed charging $65.00 for a whole day use of a pavilion and $35.00 for ½ day use and a $50.00 deposit to ensure clean up of the site. The ½ day time slot would be 8:00 a.m. to 2:30 p.m. and 3:00 p.m. to 8:30 p.m.

Councilman Kusnierz stated that the ½ day should be done in blocks of four hours and not stipulate a time frame.

Councilman Kusnierz also stated that they had talked about not charging community groups, such as, boy scouts, girl scouts and school functions. He reported that 160 permits to use the pavilions were issued in 2005 and twenty of the 160 were issued to community groups.

Ray Hoag will give a written report to the Town Board for the next meeting.

Supervisor Gutheil met with Hudson Headwaters. They are looking for support on a member item.

Supervisor Gutheil asked Steve Barody if he had looked into the complaint about damage to Potter Road from contractors vehicles. Steve Barody stated the only contractor working down there is the one building the new homes and they aren’t running that many vehicles down through there. Supervisor Gutheil asked him if there was damage to the road and Steve Barody stated no.

Supervisor Gutheil reported that the Town received a notice to appear in the Town’s Small Claims Court regarding an accident, whereby the Town Highway Truck damaged another vehicle and our insurance company won’t pay for the damage. This will be discussed in executive session.

Supervisor Gutheil asked Steve Gram how he made out with the John Deere Mower. Steve Gram advised that he took it to the dealer in Schaghticoke and that dealer doesn’t believe it is the solenoid, but rather a switch under the seat and it is $105.37 total to fix it. He doesn’t think it was properly diagnosed in the first place. Once the mower is fixed we can go back to Falls Farm & Garden to recoup our costs for the missed diagnosis.

Supervisor Gutheil asked Joe Patricke if he had responded to Mr. Kenny’s correspondence regarding outdoor wood burning furnaces. Joe Patricke stated he has talked to Mr. Kenny. Supervisor Gutheil asked if we are doing all we can on our end and Joe Patricke replied yes.

Supervisor Gutheil reported the mortgage tax for the month of January 2006 was $44,116.50 vs. the same time in 2005 when it was $34,099.50.

Supervisor Gutheil reminded the board that they still had to decide if they wanted to fix the compactor at the Transfer Station or buy new.

Supervisor Gutheil asked Attorney Auffredou if he remembered where the letter regarding soil gas vapors was going to be sent. The answer was GE, DEC, EPA, DOH, Attorney General and state and federal agencies.

Councilman Kusnierz recalled that a letter was going to be sent to property owners in that area.

Supervisor Gutheil reported that the co-generation facility on Hudson Street has filed for bankruptcy. He will pass along a copy of the notice to Lou Lewis.

Supervisor Gutheil stated that the board hired Ted Monsour as laborer and Fran wants to know if we want to change his title to laborer/cleaner and if so we need to do a new duty statement. Supervisor Gutheil stated we have to do a new duty statement.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast designating Earl Ruff as part-time clerk at $10.30 per hour with no benefits.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Fran has talked to Brian Abare, Treasurer of the South Glens Falls Fire Company, about Foreign Fire Insurance Funds. Every year the funds come to the Town and we transfer them to the Fire Company and now they want to do it by electronic fund transfer. Rather than do this why not just have the funds go directly to the Fire Company. Supervisor Gutheil read a draft letter to the State Insurance Dept. The board had no objection to this being done.

Supervisor Gutheil stated that we need to submit an estimate to the insurance company on the vandalism in the Water District 2. He asked Attorney Auffredou if he could claim Fran and Terry’s labor for coming in on a Saturday to work on the Boil Water Order that was a result of the vandalism. They are paid on a salary basis so they aren’t paid overtime for coming in on a Saturday. Attorney Auffredou stated we couldn’t claim any expenses that weren’t out of pocket expenses.

Supervisor Gutheil advised that he spoke with a representative from True-Value and they can sell us fluorescent bulbs for the Town Buildings, but they are 10 cents more than we can buy them for in Glens Falls. We have been trying to buy locally in Town and he asked the Board if they had any objection to spending a little more to keep the business local and the board didn’t raise any objections.

Supervisor Gutheil referred to a note from Fran about the Trust and Agency Account. At our last audit meeting we approved some bills without the money being available in the Trust and Agency Account. There is money coming from a couple developers that will be deposited into the Trust & Agency Account to cover the bills so Fran wants to know if the board wants to authorize pre-audit of the bills upon receipt of the funds.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing pre-audit of the vouchers that we are awaiting funding for from developers as referenced above.

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 to executive session at 9:55 p.m. to discuss the Park Small Claim, Niagara Mohawk, National Grid, Erie Blvd., Brascan Tax Certiorari and Condemnation, White Birch Article 7 Proceeding, matter involving potential action regarding the mower, CSEA negotiations and employment history of a particular unnamed person(s) that could lead to employment of a particular unnamed person(s).

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 11:03 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 Councilwoman Baker and seconded by Councilman Prendergast to offer the position of substitute crossing guard to Hugh Whitman at $7.00 per hour on an as needed basis.

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 11:04 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