A regular meeting of the Town Board of the Town of Moreau was held on February 28, 2006 in the Town Office Building, 61 Hudson Street, South Glens Falls, New York.

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

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

Harry G. Gutheil, Jr. Supervisor

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

Rich Hewlett Councilman

Also Present: Jeanne Fleury, Town Clerk; Mike Shaver, Water Superintendent; Steve Barody, Highway Superintendent; Peggy Jenkins, Assessor; Bill Richmond from Behan Communications; Martin D. Auffredou, Attorney for the Town (arrived at 7:40 p.m.) and guests.

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:

February 14, 2006 Public Hearing and Regular Meeting

There were no comments or corrections made to either set of minutes.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to approve both sets of minutes dated February 14^tth as prepared.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A meeting with highway department union representatives regarding CSEA negotiations will be held on March 2, 2006 at 12:00 noon at the Village Municipal Building.

A motion was made by Councilwoman Baler Baker and seconded by Councilman Prendergast to approve the following final water bills for house closings and the Hexion February billing for water and sewer and one correction to a Water District 4 Bill: [amended 3/14/06]

WATER DISTRICT 2 WATER DISTRICT 2

Customer Number: 20729 Customer Number: 20409

Bill Number: 74137 Bill Number: 74134

Usage Period: 9/3/05-2/28/06 Usage Period: 9/1/05-2/23/06

Billing Date: 2/28/06 Billing Date: 2/23/06

Paul & Deborah Bazinet William Glacy

2 Crocus Court 2 Oakwood Drive

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

Consumption: 7,200 Gallons Consumption: 25,200 Gallons

Amount Billed: $32.00 Amount Billed: $76.55

Final Bill Property Sold to Jones Final Bill Property Sold to Maynard

Customer Number: 30001

Bill Number: 74136

Usage Period: 1/31/06-2/27/06

Billing Date: 2/27/06

Hexion

Accounts Payable

P.O. Box 1310

Columbus, OH 43216

Property Location: Farnan Road – Moreau Industrial Park

Sewer Usage: 586,000 Gallons

Water Consumption: 2,096,000

Sewer Bill Amount: $3,211.28

Water Bill Amount: $4,359.68

Roll call vote resulted as follows:

[amended 3/14/06 jf]

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to receive and file the Dog Control Officer’s Report for January.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

At this point in the meeting the Supervisor asked if anyone present wished to address the board.

Bob Towne representing the American Legion Baseball informed the board about the Coopers Cave Baseball Tournament that is going to be held at the Moreau Rec. Park July 5^th through the 9^th. He also noted that next year he expects there will be 24 teams coming into Town for this tournament a big increase from this upcoming tournament.

The Town Board suggested that Mr. Towne talk to the Recreation Director, Steve Gram, and reserve the legion field and space they will need at the park.

The Water Superintendent obtained three quotes for repair to a fire hydrant in Water District 2 as follows:

Everett J. Prescott $1,240.12

Ramsco $2,909.27

Vellano $1,449.95

These prices include couplings and hydrant.

It was the Water Superintendent’s recommendation that the fire hydrant be purchased from Vellano and the couplings from Everett J. Prescott.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the purchase of a fire hydrant from Vellano at a cost not to exceed $1,285.00 and the couplings from Everett J. Prescott at a cost of $160.12.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Recreation Director obtained two quotes for bath partitions for the restrooms at the rec. park as follows:

Security Supply

58 Dix Avenue

Glens Falls, NY 12801 $2,573.64

Leland Paper Co., Inc.

10 Leland Drive

P.O. Box 2148

Glens Falls, NY 12801 $3,110.00

Supervisor Gutheil wondered if block walls could be built for the prices quoted. He also noted that only two quotes were received and not three as required by the procurement policy.

This request was tabled until the Recreation Director was present.

Councilwoman Baker reported that a 48-page document on compactors is available on-line for the Town Board to read.

Councilwoman Baker also reported that Finch, Pruyn expressed an interest in chipping the brush that has been piling up and they want to use it as a waste by-product.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing Finch, Pruyn & Co., Inc. to grind the Town’s brush free of charge and take the grindings provided that they supply to the Town a certificate of insurance and subject to approval by the Attorney for the Town.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A memo was received from the Highway Superintendent informing the board that the tin on the ridge of the roof of the old highway garage on William Street is coming off. Supervisor Gutheil stated that this could be done under emergency repairs without Town Board resolution. He asked that the Town Board be provided with quotes and notified of the cost before the work is done.

Councilman Kusnierz reported that the Recreation Commission has two recommendations in writing pertaining to fees for use of pavilions at the rec. park and sponsorships and he asked that they be put on the agenda for the next meeting.

Councilman Kusnierz mentioned the Pepsi Contract that was severed by Fitzgerald Brothers and they claim that they sent a certified letter to the Town Supervisor last fall regarding this.

Supervisor Gutheil questioned whether the contract allowed Fitzgerald Brothers to sever the contract or not.

Councilman Kusnierz stated that even if they can they are still behind on their contract and owe the Town $12,000.00 under the contract.

Supervisor Gutheil suggested they have Attorney Auffredou review the contract and give his opinion on whether or not Fitzgerald Brothers can sever the contract.

The Highway Superintendent submitted a memo to the Town Board regarding the cleaning of the oil/water separator tank at the highway garage. He obtained three quotes as follows:

22 Hudson Falls Road

South Glens Falls, NY 12803

Vacuum Truck with Operator (portal to portal, not to exceed 6 hours) $95.00/hour

Disposal of Waste (liquid only) $0.85/gallon

Disposal of Waste (including up to one, 55-gallon drum of solids) $1.65/gallon

Vacuum Truck (stop fee hours) $75.00/hour

Separator Liquids (1,017 gallons @ $0.77/gallon $783.09

Fuel Surcharge $10.00

14 West Main Street

P.O. Box 902

Meriden, CT 06450-0902

4,000 Gallon Vacuum Truck – 4 hour minimum – portal to portal $340.00

Demurrage (4 hour minimum) $85.00/hour

Analytical Fee $250.00

Manifest Fee $20.00

Disposal of Oily Water from Separator $0.48/gallon (Liquids)*

$1.75/gallon (Solids)*

*The pricing is strictly budgetary until confirmatory sample is analyzed and approved. A 7%

Energy Surcharge will be added to all invoices.

This request was tabled until the Highway Superintendent filled out a vendor quote sheet and provided the board members with copies of the quote sheet and vendors quotes.

FIRE STATION ROUTE 197 – EMERGENCY CENTER:

Supervisor Gutheil reported on a letter from the South Glens Falls Fire Company regarding their ability to use the Fire Station on Route 197 as an emergency center when necessary. They are in need of beds and a place to store them. Station 1 in the Village of South Glens Falls could also be used to house a small number of people in an emergency. They would like the Town’s help in getting the word out.

Supervisor Gutheil informed the board that starting tomorrow there will be a new emergency board at the county level and they are going to review the whole emergency plan in place right now.

Supervisor Gutheil briefly talked about the need for generators and how the South Glens Falls Schools don’t have generators. The Highway Superintendent spoke up and expressed the need for a generator at the Highway Garage. Supervisor Gutheil suggested that he look for grants.

(Attorney Auffredou entered the meeting at 7:40 p.m.)

Attorney Auffredou mailed an agreement to the attorney for the Michael’s Group today with a letter that read he was prepared to recommend the Town Supervisor sign the agreement and that the attorney for Michael’s Group should share the agreement with his/her client.

Alternate A under Contract 1 for Water District 6 Distribution System provides for a water line to be run into phase 2 of the Woodscape Subdivision off Gansevoort Road from the main water line that is going to be installed on Gansevoort Road as part of Water District 6. The Michael’s Group, the developer, must put the money for this water line plus 40 hours of inspection time up front into a Town bank account. We will then use those funds to pay the contractors and engineer.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the Supervisor to sign the agreement with the Michael’s Group.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Attorney Auffredou advised that Shelby Snyder, Empire Zone Specialist from SEDC, delivered to him a survey map of the area in the Town of Moreau that was re-designated as an Empire Zone. He met with Ms. Snyder yesterday.

Attorney Auffredou doesn’t have a problem with the resolution that SEDC is asking the Town Board to adopt. He pointed out, however, that the survey maps reads that the area being re-designated is 203.90 acres and the description reads 203.46 acres and they both should agree and be consistent. He also noted that there are a number of Town of Moreau parcels that are not included in the Empire Zone. There are also some individually owned parcels that are in the industrial park and not included in the Empire Zone and some that are not in the industrial park, but are in the Empire Zone. Schedule A and the survey map need to be consistent in their numbers and Schedule A should refer to the map and it doesn’t. He stated that he is satisfied that Schedule A does generally describe the area. He stated that he didn’t have a problem with

the resolution before the board provided that SEDC understands that Schedule A needs to refer to the C.T. Male map and they need to be consistent with the amount of acreage.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to waive the reading of the resolution prepared by SEDC.

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 resolution with the understanding that Schedule A needs to refer to the C.T. Male map and they need to be consistent with the amount of acreage.

WHEREAS, By Local Law 3 - 2000, the Saratoga County Board of Supervisors authorized an application for the designation of an Empire Zone, pursuant to Section 961 of the General Municipal Law, and the creation of such Zone was approved by the New York State Commissioner of Economic Development and such Zone was formally designated by the Empire Zones Designation Board on December 18, 2001.

WHEREAS, the New York State Legislature and the Governor have enacted into law changes to the Empire Zones program, whereby each existing Empire Zone must configure its existing zone acreage into up to six "distinct and separate contiguous" areas; the boundaries of said areas to be included in said Empire Zone within this municipality shall be as set forth in Schedule A, which is attached hereto and made a part hereof; and.

WHEREAS, pursuant to Sections 957(4) and 961 of the General Municipal Law, Saratoga County has proposed the re-designation of the existing Saratoga County Empire Zone into up to six "distinct and separate contiguous areas", which will include the Town of Moreau; and

WHEREAS, such re-designation could greatly benefit Saratoga County in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area and new and expanded businesses would generate new jobs for Saratoga County residents; and

WHEREAS, Saratoga County intends to authorize the submission of an application for the re-designation of areas within Saratoga County as an Empire Zone; and

WHEREAS, the Saratoga County Board of Supervisors wishes to re-designate certain areas within the Saratoga County as part of the proposed Empire Zone; and

WHEREAS, the Town of Moreau is desirous of working with Saratoga County through the Empire Zone Program to provide enhanced job opportunities for its residents; and

NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Moreau, New York that it fully supports and concurs in the submission of an application by Saratoga County for the re-designation of certain areas as an Empire Zone.

Roll call vote resulted as follows:

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Councilman Hewlett Absent

Supervisor Gutheil Aye

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ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE, lying and being in the Town of Moreau, County of Saratoga, State of New York, lying Southeast of Bluebird Road and Ferry Boulevard and West of the Hudson River, and being more particularly bounded and described as follows:

BEGINNING at a point at the intersection of the division line between the lands now or formerly of Moreau Park, Inc. as described in Book 1449 of Deeds at Page 453 on the North and the lands now or formerly of Niagara Mohawk Power Corporation on the South with the Southeasterly boundary of Bluebird Road and runs thence from said point of beginning along the Southeasterly boundary of Bluebird Road the following four (4) courses: 1) North 50 deg. 20 min. 03 sec. East 632.96 feet to a point; 2) thence North 46 deg. 35 min. 00 sec. East 344.96 feet to a point; 3) thence North 48 deg. 27 min. 32 sec. East 315.69 feet to a point; and 4) thence North 49 deg.12 min. 41 sec. East 645.17 feet to a point; thence North 46 deg. 24 min. 24 sec. East in part along the Southeasterly boundary of Bluebird Road and along the Southeasterly boundary of Ferry Boulevard 745.93 feet to a point; thence continuing along the Southeasterly and Easterly boundary of Ferry Boulevard the following four (4) courses: 1) North 47 deg. 50 min. 49 sec. East 783.40 feet to a point; 2) thence North 47 deg. 50 min. 49 sec. East 101.60 feet to a point; 3) thence North 30 deg.14 min. 49 sec. East 86.90 feet to a point; and 4) thence North 00 deg.12 min. 49 sec. East 573.73 feet to its intersection with the division line between the lands now or formerly of EPIC Holdings, LLC as described in Book 1652 of Deeds at Page 551 on the South and the lands now or formerly of the County of Saratoga Industrial Development Agency as described in Book 1406 of Deeds at Page 401 on the North; thence South 81 deg. 25 min. 01 sec. East along the above last mentioned division line 323.00 feet to its intersection with the division line between the lands now or formerly of EPIC Holdings, LLC on the Southeast and the lands now or formerly of the County of Saratoga Industrial Development Agency on the Northwest; thence North 27 deg. 01 min. 59 sec. East along the above last mentioned division line 150.00 feet to its intersection with the division line between the lands now or formerly of EPIC Holdings, LLC on the Southwest and the lands now or formerly of Niagara Mohawk Power Corporation on the Northeast; thence South 49 deg. 51 min. 02 sec. East along the above last mentioned division line 232.90 feet to its intersection with the common division line between the lands now or formerly of EPIC Holdings, LLC and lands now or formerly of Niagara Mohawk Power Corporation on the West and the lands now or formerly of the County of Saratoga Industrial Development Agency as described in Book 1379 of Deeds at Page 534 on the East; thence along the above last mentioned common division line the following three (3) courses: 1) South 00 deg. 53 min. 55 sec. East 550.13 feet to a point; 2) thence South 00 deg.16 min. 02 sec. East 474.23 feet to a point; and 3) thence South 33 deg. 59 min. 30 sec. West 262.31 feet to its intersection with the Northwesterly boundary of Hudson Falls Road (County Road 27); thence along the said Northwesterly boundary of Hudson Falls Road (County Road 27) the following five (5) courses: 1) South 54 deg. 31 min. 54 sec. West 206.07 feet to a point; 2) thence South 40 deg. 09 min. 08 sec. West 108.43 feet to a point; 3) thence South 53 deg. 36 min. 07 sec. West 456.83 feet to a point; 4) thence South 53 deg. 56 min. 39 sec. West 286.18 feet to a point; and 5) thence South 72 deg. 23 min. 39 sec. West 213.26 feet to a point; thence South 61 deg. 08 min. 57 sec. West crossing Hudson Falls Road (County Road 27), a distance of 151.42 feet to a point on the Southwesterly boundary of said road; thence through the lands now or formerly of Moreau Park, Inc. as described in Book 1449 of Deeds at Page 453 and lands now or formerly of the County of Saratoga Industrial Development Agency as described in Book 1379 of Deeds at Page 534 generally along the Southeast boundary of the former Delaware and Hudson Railroad right-of-way the following five (5) courses: 1) South 26 deg. 49 min. 52 sec. West 459.84 feet to a point of curvature; 2) in a Southwesterly direction along a curve to the left having a radius of 666.25 feet, a chord bearing of South 24 deg. 39 min. 37 sec. West and a chord distance of 50.47 feet, an arc length of 50.49 feet to a point of tangency; 3) thence South 22 deg. 29 min. 22 sec. West 1,115.00 feet to a point of curvature; 4) in a Southerly direction along a curve to the left having a radius of 2,496.03 feet, a chord bearing of South 15 deg. 23 min. 22 sec. West and a chord distance of 617.03 feet, an arc length of 618.61 feet to a point of tangency; and 5) thence South 08 deg.17 min. 22 sec. West 254.85 feet to its intersection with the division line between the lands now or formerly of Moreau Park, Inc. as described in Book 1449 of Deeds at Page 453 on the North and the lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 539 on the South; thence South 87 deg. 28 min. 44 sec. West along the above last mentioned division line 30.17 feet to its intersection with the division line between the Town of Moreau as described in Book 1393 of Deeds at Page 536 and Book 1393 of Deeds at Page 542 on the West and the lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 539 on the East; thence along the above last mentioned division line the following four (4) courses: 1) South 08 deg.10 min. 38 sec. West 377.50 feet to a point; 2) thence South 28 deg. 25 min. 17 sec. West 207.25 feet to a point; 3) thence North 55 deg. 25 min. 00 sec. West 14.65 feet to a point; and 4) in a generally Southwest direction along a curve to the right having a radius of 565.00 feet, a chord bearing of South 43 deg. 43 min. 39 sec. West and a chord distance of 180.36 feet, an arc length of 181.14 feet to a point; thence South 03 deg. 06 min. 08 sec. East through the lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 539, lands now or formerly of Niagara Mohawk Power Corporation, lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 536, lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 539 and lands now or formerly of Spurlock Adhesives, Inc. as described in Book 1535 of Deeds at Page 573, a distance of 1,545.32 feet to a point; thence continuing through the lands now or formerly of Spurlock Adhesives, Inc. as described in Book 1535 of Deeds at Page 573 and Book 1468 of Deeds at Page 772 the following four (4) courses: 1) South 04 deg. 33 min. 54 sec. West 325.85 feet to a point; 2) thence South 02 deg. 09 min. 16 sec. West 379.94 feet to a point; 3) thence South 23 deg. 51 min. 24 sec. West 222.57 feet to a point; and 4) thence South 10 deg. 58 min. 32 sec. West 140.50 feet to a point; thence South 44 deg. 30 min. 13 sec. West in part through the lands now or formerly of Spurlock Adhesives, Inc. and lands now or formerly of the Town of Moreau 396.99 feet to a point; thence continuing through the lands now or formerly of the Town of Moreau the following three (3) courses: 1) South 04 deg. 51 min. 37 sec. East 51.75 feet to a point; 2) thence South 17 deg. 24 min. 56 sec. West 231.06 feet to a point; and 3) thence South 12 deg. 38 min. 20 sec. West 170.89 feet to a point; thence North 86 deg. 21 min. 22 sec. West through the lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 539, a distance of 113.49 feet to a point; thence North 86 deg. 22 min. 07 sec. West through the lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 539, lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 542 and along the division line in part between the lands now or formerly of Frank E. Arnold and June Arnold as described in Book 984 of Deeds at Page 717 on the North and the lands now or formerly of the Town of Moreau on the South 140.02 feet to a point; thence continuing along the division line between the lands now or formerly of Frank E. Arnold and June Arnold on the North and Northeast and the lands of the Town of Moreau on the South and Southwest the following five (5) courses: 1) North 72 deg. 22 min. 20 sec. West 49.72 feet to a point; 2) thence North 24 deg. 39 min. 27 sec. West 318.47 feet to a point; 3) thence North 62 deg. 21 min. 10 sec. West 132.15 feet to a point; 4) thence North 36 deg. 25 min. 53 sec. West 65.56 feet to a point; and 5) thence North 10 deg. 03 min. 12 sec. West 202.12 feet to a point; thence North 00 deg. 07 min. 30 sec. West through the lands now or formerly of Frank E. Arnold and June Arnold and lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 593, a distance of 563.53 feet to a point; thence through the lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 539 the following two (2) courses: 1) North 90 deg. 00 min. 00 sec. West 125.01 feet to a point; and 2) thence North 00 deg. 51 min. 53 sec. East 1,647.35 feet to a point; thence North 00 deg. 52 min. 02 sec. East continuing through the lands now or formerly of the Town of Moreau and lands now or formerly of Niagara Mohawk Power Corporation 434.17 feet to a point; thence continuing through the lands of the Town of Moreau the following three (3) courses: 1) North 00 deg. 51 min. 53 sec. East 330.74 feet to a point; 2) thence North 49 deg. 58 min. 09 sec. East 111.11 feet to a point; and 3) thence North 00 deg.16 min. 42 sec. East in part crossing Farnan Road North 177.79 feet to a point on the Northeasterly boundary of Farnan Road North; thence North 89 deg. 41 min. 54 sec. East through the lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 536, a distance of 152.50 feet to a point; thence North 38 deg. 54 min. 10 sec. East in part through the lands now or formerly of the Town of Moreau and along the division line between the lands now or formerly of the Town of Moreau on the Southeast and the lands now or formerly of the County of Saratoga Industrial Development Agency on the Northwest 383.42 feet to its intersection with the division line between the lands now or formerly of the Town of Moreau on the East and the lands now or formerly of the County of Saratoga Industrial Development Agency on the West; thence North 04 deg. 08 min. 40 sec. East along the above last mentioned division line 105.96 feet to its intersection with the division line between the lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 536 on the Northeast and the lands now or formerly of the County of Saratoga Industrial Development Agency on the Southwest; thence North 42 deg. 41 min. 20 sec. West along the above last mentioned division line 119.07 feet to its intersection with the division line between the lands now or formerly of the Town of Moreau on the South and the lands now or formerly of Niagara Mohawk Power Corporation on the North; thence North 69 deg. 29 min. 02 sec. East along the above last mentioned division line 79.83 feet to its intersection with the division line between the lands now or formerly of the Town of Moreau on the Southeast and the lands now or formerly of Niagara Mohawk Power Corporation on the Northwest; thence North 41 deg.18 min. 18 sec. East in part along the above last mentioned division line and through the lands now or formerly of the Town of Moreau 153.29 feet to a point, said being at the intersection of the division line between the lands now or formerly of the Town of Moreau as described in Book 1393 of Deeds at Page 536 on the South and the lands now or formerly of Moreau Park, Inc. as described in Book 1449 of Deeds at Page 453 on the North with the division line between the lands now or formerly of Moreau Park, Inc. on the East and the lands now or formerly of the Town of Moreau on the West; thence North 15 deg. 05 min. 41 sec. East through the lands now or formerly of Moreau Park, Inc. as described in Book 1449 of Deeds at Page 453 and lands now or formerly of the County of Saratoga Industrial Development Agency as described in Book 1379 of Deeds at Page 534, a distance of 819.37 feet to a point, said point being at the intersection of the division line between the lands now or formerly of Moreau Park, Inc. on the Northwest and the lands now or formerly of the County of Saratoga Industrial Development Agency on the Southeast with the division line between the lands now or formerly of Moreau Park, Inc. on the Northeast and the lands now or formerly of Niagara Mohawk Power Corporation on the Southwest; thence North 63 deg. 00 min. 48 sec. West along the above last mentioned division line 114.64 feet to its intersection with the above first mentioned division line between the lands now or formerly of Moreau Park, Inc. on the North and the lands now or formerly of Niagara Mohawk Power Corporation on the South; thence North 82 deg. 01 min. 47 sec. West along the said above first mentioned division line 315.30 feet to the point or place of beginning, containing 203.46 acres of land, more or less.

The Highway Superintendent submitted a memo to the Town Board with quotes for repair to the head on the 950B Loader. The quotes were as follows:

Motive Machine Shop $531.85

Less Price of Valves - $124.09

Total $407.76

Exhaust Valves $115.96

Inlet Valves $122.36

Fuel Injectors $493.44

Total $731.76

Supervisor Gutheil wasn’t familiar with the work that Motive Machine Shop does and wondered what Milton Cat would charge to do the repair. Motive Machine Shop quoted on the repair only and Milton Cat quoted on the parts only. The purchasing policy of the Town requires three quotes.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing up to $410.00 for labor and up to $735.00 for parts to repair the 950B Loader.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Attorney Auffredou stated that he had reviewed the notice of award and notice to proceed. He doesn’t have any problem with the notice of award. It could be signed and sent out. He also reviewed the contract documents again. He was concerned about the guarantee on the water tank. It is only one year from final completion. Tim Burley has assured him that this is industry standard to be one year from substantial completion. We let it out to bid with the one year guarantee in the contract documents. This is what the bidders were bidding on. He just wanted the board to be aware of the guarantee. This isn’t a reason to withhold notice of award however.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the Supervisor to sign any and all necessary documents including but not limited to the notice of award, notice to proceed and the contracts documents for Contract No. 1, the Water Distribution System which was awarded to Batcon including Alternate A, Contract No. 2, the water storage tank which was awarded to Chicago Bridge and Iron and Contract No. 3, the water services which was awarded to Batcon.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Attorney Auffredou reported on the progress with the EFC loan. Documentation was submitted to the loan committee last week. On March 15^th it is expected to be presented to the EFC Board for approval and then reviewed by the public authority that has a relationship with the EFC on March 22^nd. The closing is expected in early April. John Della Rocca, the attorney for the EFC, recommended that the Town Board convert to long term financing as soon as the construction is done. The first payment from the Town isn’t due until mid to late 2007. Burley and Guminiak is out chasing easements.

Attorney Auffredou received an engineering report from Tim Burley with maps and description. He will prepare an order for the March meeting establishing a public hearing to be held at the second regular March meeting.

Attorney Auffredou updated the board on the squad’s intent to go to paid status. We have always proceeded under General Municipal Law 122-B which reads that a municipality may contract with a not-for-profit emergency squad for town-wide emergency services. We have always contracted with them for a lump sum payment. This year they want the lump sum

payment from the Town, but also, they want to bill third parties for their services. He received a call from Moreau Emergency Squad’s attorney Dennis Tarantino who referenced General Municipal Law 209-B. Attorney Tarantino stated that they wanted a certification from the Town that the Town has complied with 209-B or that 209-B doesn’t apply. Attorney Auffredou stated that 209-B doesn’t apply, because 209-B reads that a municipality may contract with a Fire Company for emergency services. Apparently, this came about when a third party entity who the squad was entering into a contract with wanted to make sure the Town complied with 209-B. Attorney Auffredou called the State Comptroller’s Office for their opinion. It was their opinion that 209-B doesn’t apply and 122-B does.

Attorney Auffredou also asked the State Comptroller’s Office about the third party billing. It was their opinion that it couldn’t be done. They then stated that if it is done the Town Board has to set the fees that the ambulance corp is going to use for their billings. They are Town fees and they can’t go directly to the ambulance corp, rather they have to come to the Town.

Attorney Auffredou asked the State Comptroller’s Office if the Town could keep the amount budgeted and then estimate the amount to be charged by the squad theoretically and budget that amount. Then the squad could bill for their services and the fees would come to the Town. The State Comptroller’s Office didn’t have a problem with this as long as the squad only gets what the Town receives. For example, if the Town budgets $250,000.00 and $200,000.00 was a lump sum and $50,000.00 was anticipated billings and they only billed $35,000.00 then only $35,000.00 goes to the emergency squad.

Attorney Auffredou stated he has to get back to Attorney Tarantino on this issue.

Supervisor Gutheil advised that the County Planning Board is going to support the Town’s position that Old Saratoga Road should not be closed as part of the Moreau Lake Master Plan. He also noted that the Town Clerk sent a copy of the minutes compiled from the public informational meeting held at the high school on February 8^th to State Parks so they could be added to their record.

Supervisor Gutheil reported on miscellaneous correspondence received.

Supervisor Gutheil reported that the sales tax distribution for February 15^th was $163,702.00 vs. the same period of time in 2005 when it was $144,913.00.

Attorney Auffredou reported on the Palmerton Heights road dedication to the Town that was in progress. The Palmerton Heights developers are being held up by the Army Corp of Engineers. Army Corp of Engineers placed a restriction on the land. The restriction was filed subsequent to the title report that we received on behalf of the Town from Palmerton. The Army Corp restriction prevents any disturbance, vegetative cutting, maintenance, flooding, siltation or drainage into the areas that Palmerton was deeding to the Town for this purpose. We asked them to go back to the drawing board and they did. They came back with a plan to reconfigure the storm water maintenance areas and take them out of the Army Corp restricted areas. Unfortunately, it will have to go back to the Planning Board for modification and Tim Burley will be involved. They can’t just go into new storm water drainage easements until we know they are acceptable and will work. The Planning Board agendas have been full so it will be a while before they can even get back on the agenda. It doesn’t appear this will be resolved anytime soon.

Brief discussion followed on the retention ponds and how Supervisor Gutheil has never been in favor of them and Councilman Kusnierz thought we should be seriously looking at not approving them or at least having homeowner’s association maintain them.

It was the consensus that Attorney Auffredou and Joe Patricke should get back to the Town Board on how to protect the Town on these. Attorney Auffredou thought that Tim Burley and Steve Barody should be involved in this.

Attorney Auffredou reported that the Town Planning Board is moving towards making a decision on the Westgate Subdivision. They believe that they have all the information they need to make a decision.

Supervisor Gutheil reported that a letter of resignation was received from Sylvia Hanson from the position of Special Projects Aide effective April 27, 2006.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to accept the resignation from Sylvia Hanson, with regrets, from the position of Special Projects Aide effective April 27^th, 2006.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Board asked the Town Clerk to advertise this position in the newspaper.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adjourn to executive session at 8:45 p.m. to discuss CSEA, White Birch Article 7, personnel regarding Transfer Station, Niagara Mohawk, Erie Blvd., Brascan, National Grid and potential or threatened litigation by SCA Tissue.

Roll call vote resulted as follows:

Councilman Hewlett Absent

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 Councilman Prendergast and seconded by Councilman Kusnierz to adjourn the executive session at 9:35 p.m. and re-open the regular meeting.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

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 Councilman Prendergast and seconded by Councilman Kusnierz to adjourn the regular meeting at 9:36 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk