A regular meeting of the Town Board of the Town of Moreau was held on January 10, 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

Rich Hewlett Councilman

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

None

Also Present: Jeanne Fleury, Town Clerk; Peggy Jenkins, Assessor; Steve Barody, Highway Superintendent; Joe Patricke, Building Inspector; Mike Laney, Recreation Working Foreman; Jim Newell, Town Resident; Bill Richmond from Behan Communications; Ed Robbins, President of the Saratoga County Fire Police Association and Fred Miller from the Saratoga County Fire Police Association; Martin D. Auffredou, Attorney for the Town; and Steve Gram, Recreation Director (arrived at 7:45 p.m.)

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:

December 27, 2005 (3 Sets) and January 3, 2006

Correction: Page 484 – Regular Town Board Meeting Minutes – bottom of page – roll call – Supervisor Gutheil’s vote should read "abstain" not "aye"

No comments or corrections.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to receive and file the minutes of the Water Committee Meeting and approve the minutes of the public hearing and the regular meeting held on December 27^th and the Organizational Meeting held on January 3, 2006 with the above correction so noted.

Roll call vote resulted as follows:

Supervisor Gutheil Aye

Supervisor Gutheil is going to find out if the high school is available for a public meeting on January 26^th or February 2^nd, regarding the Moreau Lake State Park Master Plan and the proposed abandonment of a portion of the Old Saratoga Road.

At this point in the meeting Supervisor Gutheil recognized Ed Robbins, President of the Saratoga County Fire Police Association and Vice-President of the Lower Adirondack Fire Police Association, who was present with Fred Miller to present the Town Board with a plaque honoring the Town Board for their continued support of the area volunteer fire police association.

Jim Newell from Fort Edward Road was present to talk to the board members about check valves and expansion tanks. Mr. Newell has tested the pressure in his water lines at various times and found that when the water sits idle in the system, such as overnight, the pressure builds up to 85 pounds overnight, because the system is dead headed at the check valves. This could be happening in other people’s houses. Last winter 2004 around Christmas time the valves for his tub began leaking and had to be replaced. He stated this was due to the back pressure. He thought the Town Board should check into this. The elimination of check valves and expansion tanks could save the Town a lot of money when they put in Water District 6 and hook up houses.

Supervisor Gutheil advised that the reason for the check valves and expansion tanks was the contamination area. It is a safety factor, in case people cross connect, which they aren’t supposed to do. He will forward Mr. Newell’s comments to the engineer for the Town.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to receive and file monthly reports for December from the following Department Heads:

Town Clerk, Supervisor, Assessor, Highway Superintendent, Water Superintendent, Recreation Director, Transfer Station Clerk, Building Inspector

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Early Sunday morning, January 8^th, vandals drove over two fire hydrants, crashed into two homes and the front of the Tanglewood Elementary School. The damage to the fire hydrants caused an interruption in the water service to Water District No. 2 area and the necessity to issue a boil water order as a precautionary measure, per NYS DOH standards. The hydrants also had to be replaced. The police are investigating.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett authorizing the newly appointed Deputy Supervisor, Noeline "Niki" Baker, to be added as a signatory on the following checking accounts for the Town of Moreau:

Consolidated Payroll Fenimore (Water District 1)

Fred Silva Escrow Account General Fund

General Town Outside the Village Highway Fund

Landfill Fund Meadow Ridge Lighting District

Litigation Escrow Fund Moreau Industrial Park

Recreation Capital Projects Fund Sewer District I

Sherwood Forest Lighting District Tax Stabilization Reserve Fund

Tanglewood Lighting District Transfer Station

Trust & Agency Water District 2, 3, 4 & 5

Capital Projects Water District 6

Investment Account Woodscape Lighting District

Roll call vote resulted as follows:

The Highway Superintendent submitted a request to purchase winter sand at a cost of $1,500.00.

The Highway Superintendent received three quotes as follows:

Cranesville Aggregate co.

85 Saratoga Avenue

Gansevoort, NY 12831 4.35/Ton

Jointa Galusha, LLC

P.O. Box 302

Glens Falls, NY 12801 4.25/Ton

Warren Fane, Inc.

Dream Lake Road

Queensbury, NY 12804 4.67/Ton

The Highway Superintendent recommended Cranesville due to their close proximity to the Highway Garage.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the purchase of winter sand from Cranesville Aggregate Co. at an amount not to exceed $1,500.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Outdoor Wood Burning Services

Mining Law

Fees

Supervisor Gutheil asked the board members if they wanted to set a time line on how they are going to deal with the above this year and in what order. He asked Joe Patricke where they were at on these items.

Joe Patricke stated that on the outdoor wood burning furnaces the board has his recommendation.

Relative to mining, Joe Patricke stated that the board just has to decide what areas are going to be zoned to allow mining and regarding the fees he has worked on these with Attorney Auffredou.

Attorney Auffredou commented that he and Joe Patricke have something in mind for fees to review at the next meeting. The subdivision rec. fees are set by resolution according to the current law. We need to add almost identical language in the site plan law for dwelling units, such as apartment units. Where there is a little dilemma is with the PUD regulations. There is a requirement of a recreational open space. His and Joe’s recommendation will probably be the open space requirement or a $500.00 per dwelling unit recreational fee, in the case of a PUD. We could charge recreational fees for subdivided lots in a PUD. However, when it comes to apartment units there may be a problem charging a fee plus require open space.

Supervisor Gutheil asked if it would be by resolution or local law.

Attorney Auffredou stated it would be a draft amendment to site plan law and PUD law and it would require a public hearing and would have to be referred to the County Planning Board.

Attorney Auffredou stated that the board should consider looking at the subdivision fees. They haven’t been changed since 1999.

Councilman Kusnierz asked if the board members had draft language on the wood burning furnaces. Joe Patricke stated they were given a copy and it just needed to be cleaned up a little. He asked for the board to be copied on the latest draft.

Supervisor Gutheil reported receiving correspondence through Hudson River FERC Project No. 2842. Brascan wants to add 10 mega watts of power to the Sherman Island Hydro Facility.

Supervisor Gutheil stated he hasn’t had time to look into screw conveyors. Councilwoman Baker has obtained information on other types of compactors and the board members will be copied. The sooner we do something about the compactor the better. Financially the Transfer Station is okay.

A meeting is scheduled for January 19^th on the CSEA negotiations.

A letter was received from the engineer for the City of Glens Falls through the City of Glens Falls Water/Sewer Commission. Hal Leonelli requested that the Glens Falls Water/Sewer Commission lower their buy-in fee for capacity and allow him to do a phased in payment plan.

Councilwoman Baker met with our representative from Nextel, Diane Finn. Nextel now offers a state contract that she would like to move us to and it would be a savings of about $70.00 a month and our phones could be upgraded for $49.99 each. Councilwoman Baker requested authorization from the board to allow us to go to state contract and upgrade the following phones:

Supervisor Building Inspector

Highway Superintendent Deputy Superintendent

Water Superintendent Recreation Director

Assessor Asst. Building Inspector

The phones we have now will be kept as back ups and we can use the batteries as replacements in case we need them.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett authorizing the signing of a state contract for Nextel service and upgrade the following cell phones:

Supervisor Building Inspector

Highway Superintendent Deputy Superintendent

Water Superintendent Recreation Director

Assessor Asst. Building Inspector

Roll call vote 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 was scheduled to meet yesterday at 7:00 p.m. and only one commission member and the Recreation Director showed up so no meeting was held.

Councilwoman Baker reported on the Moreau Community Center. The Moreau Community Center has a new draft of the footprint of the proposed community center. Next month the project engineer is supposed to five a full presentation. They have scaled the project back from $12 million to between $9.5 million and $10 million.

Councilman Kusnierz asked if the community center was forthcoming on their fundraising efforts.

Councilwoman Baker stated that they have received some more pledges, but there wasn’t anything on paper. Some of the money is spread over a number of years and it was difficult to tell what is actually there.

Supervisor Gutheil stated that the Moreau Community Center wasn’t willing to sign the contract as written.

The Town Clerk’s office staff wants permission to sell left over bicentennial t-shirts at $5.00 each. The board members didn’t object to this.

A resignation has been received from Laura Barody, Deputy Court Clerk. A termination date wasn’t given, but it was understood that she was going to work out a time period with the court’s needs.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to accept the resignation of Laura Barody, Deputy Court Clerk, effective when she has worked out a date satisfactory to the court.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye Supervisor Gutheil Aye

Adelphia sent a notice that they will be raising their rates again.

Proposals have been received from four janitorial services to clean the Town Hall and Court building and the personnel committee has interviewed a couple of individual applicants. Supervisor Gutheil asked the board if they were ready to act on an appointment. Councilman Kusnierz stated that he thought they needed to discuss it in executive session.

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

$475.00 from IV9010.8 – Water IV – Employee Benefits – State Retirement and transfer $250.00 into IV8330.420 – Water IV – Purification – Testing and $225.00 into IV8330.450 – Water IV – Purification – Supplies

$50.00 from V9010.8 – Water V – Employee Benefits – State Retirement into V8310.480 – Water V – Administration – Miscellaneous

Roll call vote resulted as follows:

Supervisor Gutheil asked Attorney Auffredou about the roads in the Palmerton Heights Subdivision and Attorney Auffredou replied that it was under review. He has just received the maps that he has been requesting. Bruce Lipinski, Attorney with Bartlett, Pontiff, Stewart & Rhodes, needs to talk with Joe Patricke about drainage issues. He hoped to be ready by the January 24^th meeting.

Supervisor Gutheil reported the following gallons of water that has flowed through the water meters meter from Queensbury: [corrected 1/24/06 jf]

2003 128,160,000

2004 127,930,000

2005 140,590,000

Supervisor Gutheil asked the board what they wanted to do about an audit this year. Steve Bethel from Jenkins, Law and Beecher said they would do the audit for the same price as in 2005. Supervisor Gutheil stated he wasn’t happy with the length of time it took them to complete the audit and get a report to the Town. Councilman Prendergast suggested that Supervisor Gutheil call them and find out if they can have it done by a certain date and confirm that the price would be the same.

Supervisor Gutheil stated that we will have to start charging Hexion in the Moreau Industrial Park for sewer again in February. The board will have to discuss what rate to charge.

Supervisor Gutheil received an agreement from the Department of State on the Water Front Revitalization for all the municipalities to sign. He asked the board for authorization to sign the agreement subject to the attorney for the Town’s approval.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the Supervisor to sign the agreement subject to approval by the attorney for the Town.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye Supervisor Gutheil Aye

Supervisor Gutheil asked the Buildings and Grounds Committee to look at the Hudson Street entrance to the Town Hall and decide what changes it needs to make access easier. A gradual incline up to the door in place of the step up into the building has been suggested.

Councilwoman Baker stated that the Planning Board is meeting on January 23^rd and it would be nice to start off the year with a new Planning Board Member to replace Jim Thompson who resigned. Gary Dickinson had expressed an interest in serving on the Planning Board and Councilwoman Baker stated she would like to appoint Gary Dickinson to the Planning Board so he could take advantage of upcoming training near the end of January.

Supervisor Gutheil asked if the board wanted to interview Mr. Dickinson first.

Councilman Kusnierz stated he would like to interview him first. He wants to know what his thoughts are.

It was the consensus of the Town Board that a display ad should run in the Post Star Newspaper looking for people interested in serving on the Planning Board and for alternates for both the Planning Board and Zoning Board of Appeals.

The Highway Superintendent had a purchase order in the amount of $3,600.00 that he wanted approved for trees removed by Richard Sears Landscaping Corp.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker approving purchase order #020630 in the amount of $3,600.00 made out to Richard Sears Landscaping Corp.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye Supervisor Gutheil Aye

Discussion followed on chipping of brush at the Transfer Station and at the end of Potter Road.

Councilwoman Baker asked Steve Barody if he got the chipping done.

Steve Barody thought the board had tabled the whole thing.

Supervisor Gutheil stated that we have received Christmas trees at the Transfer Station and he wondered if we should get quotes again or do we want to go ahead and get it done.

Councilman Kusnierz thought they had decided to get the pile down on Potter Road chipped.

Councilwoman Baker recalled that the board decided that they were going to have the piles chipped at the Transfer Station and Potter Road.

The Town Clerk stated that the last discussion the board had on this they had wanted to go ahead with the Potter Road brush pile and ask the company that quoted a price if they would be willing to do the pile at the Transfer Station in the spring for the price quoted.

Councilman Kusnierz asked Steve Gram if he was all set on the girl’s softball championship signs and Steve Gram replied yes.

Councilman Kusnierz asked Steve Gram where they were at on the mower.

Steve Gram stated that he spoke with a person named, Judy, at the John Deere Corporate Headquarters. She advised that Tim Havens wasn’t going to compromise at all and we should go pick up the mower.

Supervisor Gutheil stated he spoke with corporate headquarters too. He didn’t think that the Town was going to get any support from them.

Councilman Kusnierz stated the only headway he made with Tim Havens was that he was willing to fix the mower if the Town paid about $180.00 for parts and no more labor.

Supervisor Gutheil stated he didn’t have a problem pulling the mower at out of there and argue it out in court if we have to. [corrected 1/24/06 jf]

Councilman Kusnierz stated that was one avenue, but when you consider what it will cost us in legal fees we would probably be better off paying the bill.

Attorney Auffredou advised that a municipality may not be able to be taken to small claims court at all.

Supervisor Gutheil stated the other option would be to make Tim Havens an offer to settle the matter.

Councilman Kusnierz stated it was his impression that Tim Havens wouldn’t accept any other offer except the one he made.

Councilman Prendergast said to go pick up the mower.

Councilman Kusnierz stated that we should bite the bullet and pay the bill and then do business elsewhere in the future. The total cost of the bill would be about $689.00.

A motion was made by Supervisor Gutheil and seconded by Councilman Prendergast to go pick up the mower.

Roll call vote resulted as follows:

Councilman Kusnierz explained that the reason he voted "no" was because it would cost more to dispute the bill than to pay it.

Joe Patricke informed the board that on January 23^rd at the Planning Board Meeting DOH will be giving a presentation on the soil gas issue of Westgate Estates.

Discussion followed on the Community Center contract.

The Moreau Community Center won’t sign the contract with the clause the Town added regarding our liaisons being invited in to their executive sessions.

Attorney Auffredou asked if they thought the Community Center would be willing to have Article 7 of the contract read something to the effect that they won’t discuss financial matters in executive session.

Councilman Prendergast stated that he had a problem with the Town Board trying to tell the Community Center what they can and can’t say in executive session.

Councilman Kusnierz stated that the taxpayers have some interest in what they do.

Supervisor Gutheil stated it was our objective to make sure the Community Center doesn’t get in over their heads on capital projects and that they keep us informed. We don’t want them to end up in financial trouble and come back to the Town Board asking for a lot more money and a new contract. The Community Center’s capital project started five years ago and it just recently started to pick up momentum and we have yet to get anything in writing as to how much they have received in pledges. The Community Center was showing a negative equity balance in their building fund and just broke out of that negative balance recently. We don’t want to get in a position like Glens Falls whereby they subsidize the Civic Center for almost a million dollars a year.

Councilman Prendergast stated he didn’t have a problem with the Town Board sending over a list of questions we want answered, but he isn’t in favor of bullying them.

Supervisor Gutheil asked what would happen if we don’t get the answers to our questions?

Attorney Auffredou stated they would be in default of their contract with the Town.

Councilman Kusnierz asked why we don’t have them spell out their concerns in writing with the proposed contract with the Town.

Councilman Prendergast, Councilman Hewlett and Councilwoman Baker were in favor of removing Article 7 from the contract.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the Supervisor to sign a contract with the Moreau Community Center with Article 7 removed.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz No

Supervisor Gutheil Abstain

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast to adjourn to executive session at 8:42 p.m. to discuss personnel employee history and/or performance of a particular unnamed person(s), Niagara Mohawk, Erie Blvd., National Grid, Brascan Tax Certioraris, White Birch Estates LLC Tax Certiorari and CSEA 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 Councilman Prendergast and seconded by Councilwoman Baker to adjourn the executive session and re-open the regular meeting.

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 executive session.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to offer the position of part-time cleaner/laborer at $8.75 per hour to Desmond Headen subject to successful completion of pre-employment physical, favorable background and reference checks.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil noted for the record that he voted "aye", however, another candidate would have been his first choice.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adjourn the regular meeting at 10:20 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