A regular meeting of the Town Board of the Town of Moreau was held on July 25, 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

Niki Baker                     Councilwoman

Bob Prendergast            Councilman

Todd Kusnierz                Councilman

Also Present: Peggy Jenkins, Assessor; Mike Shaver, Water Superintendent; Jeanne Fleury, Town Clerk; Bill Richmond from Behan Communications; Steve Barody, Highway Superintendent (arrived at 7:16 p.m.); Maria Jennings, Town Resident; Martin Auffredou, Attorney for the Town

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 their review, comment, correction and approval:

July 11, 2006 Public Hearing and Regular Meeting

July 19, 2006 Bid Opening

There were no comments or corrections made to the minutes of the July 11^th public hearing.

Correction: Page 286 – 1^st paragraph -3^rd line –delete the words "substantial completion date" and add the words "work schedule"

There were no corrections or comments made to the minutes of July 19^th. The minutes of the bid opening were received and filed.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to approve both sets of minutes dated July 11^th with the above correction so noted.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

There were no meetings/workshops scheduled at this meeting.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to receive and file the Dog Control Officer’s monthly report for June that was received this date.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil informed the board that the Transfer Station revenues have dropped again and they needed to get to the bottom of why this was happening.

Supervisor Gutheil reported receiving a SEQR notice of determination of non-significance from the Glens Falls IDA in regards to the Crandall Library expansion project.

Attorney Auffredou advised that the notice of determination means that SEQR has been completed. He was curious why this was a type 1 action.

Supervisor Gutheil stated that well over a year ago he requested a copy of their operating budget from Christine McDonald and he still doesn’t have a copy. He wondered if the Town had any leverage under SEQR in obtaining this document.

Attorney Auffredou advised that there is case law whereby SEQR is partially socio-economic, but it is mainly ecological.

Supervisor Gutheil stated it troubles him that this information isn’t being shared. Especially, when one of their constituents told him that the budget had been prepared.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to accept a $25.00 donation from Adirondack Fiddlers Association in appreciation for them being able to use a pavilion at the Rec. Park.

Roll call vote resulted as follows:

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to approve the following final water bills for house closings in Water Districts 1, 2 and 4:

Customer Number: 10053

Bill Number: 75485

Usage Period: 2/13/06-7/20/06

Billing Date: 7/20/06

Joel Nolin

212 Ferry Blvd.

South Glens Falls, NY 12803

Consumption: 25,100 gallons

Amount Billed: $76.05

Final Bill Property Sold to Bethel

Customer Number: 20666

Bill Number: 75486

Usage Period: 3/1/06-7/21/06

Billing Date: 7/21/06

Stormy Anne Springer

15 Connor Drive

South Glens Falls, NY 12803

Consumption: 15,600 gallons

Amount Billed: $48.52

Final Bill Property Sold to Prout

Customer Number: 40408

Bill Number: 75484

Usage Period: 5/31/06-7/18/06

Billing Date: 7/19/06

James Cabral

9 Willow Street

South Glens Falls, NY 12803

Consumption: 4,800 gallons

Amount Billed: $33.50

Final Bill Property Sold to Cicchinel/Brooks

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil reported receiving a letter from NYS DOT advising the Town Board that they were initiating a study of the speed limit on Selfridge Road in response to a request from the Town Board for a reduction in speed limit.

Supervisor Gutheil suggested that another request for a reduction in speed limit on the West River Road be submitted in light of the fact that there was another fatal car accident on that road recently.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the Town Clerk to submit a request for reduction in speed limit on the West River Road.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil stated that the deadline for submission of a DWSRF Pre-Application was nearing and we may have a chance to earn some points with the situation on Fortsville Road where someone is pumping water from a brook. Also, we may be able to hook Water District 1 to Water District 3 or 4 and close the loop at Fawn Road and Fortsville Road.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the Supervisor to sign and submit the DWSRF Pre-Application.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil put the court change over on the agenda so the board didn’t lose sight of it. We are still awaiting a preliminary report from Tim Burley. The closing took place on the Jehovah Witness building on Route 197. We have to get moving on this.

Councilman Hewlett suggested that the people who are mowing the cemeteries be directed to mow around the future home of the court building on Route 197.

Supervisor Gutheil stated that a second bid opening was held for the purchase of a cab and chassis, dump body, snow plow equipment and 16’ walk-in van. We still only got one bid on the cab and chassis and body and one on the 16’ walk-in van and one on the snow plow equipment. T&T bid on a dump body in another Town recently and he wondered why they didn’t submit a bid to us. He mentioned that the Town Clerk received a call from one dealer who said he couldn’t submit a bid, because the way the specs were written only one manufacturer could bid on the truck.

Councilman Hewlett asked how the bids matched up to state contract price and Steve Barody did not have this information available at this meeting.

Steve Barody suggested waiting until the audit meeting to act on the bids and he would get the state contract price information.

BUDGET AMENDMENT:

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett approving the following budget amendment:

Increase revenues by $1,800.00 in V2144 – Water District 5 – Taps & Entrances due to customers paying for taps & entrances received in 2006 and increase expenditures by $1,800.00 in V8340.450 – Water District 5 – Supplies due to expenses incurred through customers receiving taps & entrances.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

The compactor at the Transfer Station is still down. Andy Vandiver was done work on Saturday. Earl is covering. BE Equipment proposed to rebuild the compactor for a cost of $6,828.00.

Councilman Hewlett and Councilwoman Baker were in favor of going out to bid for a new compactor.

Supervisor Gutheil stated there is a company near Philadelphia that can diagnose the problem with the compactor at a rate of $70.00 per hour port to port.

Councilman Hewlett asked if there was a vendor that was willing to repair the compactor and Councilwoman Baker stated not at this time.

Councilman Hewlett suggested getting an electrician to come in and diagnose the problem.

Supervisor Gutheil stated that we have used Hour Electric before and K & J Electric. He stated that if we can’t get it fixed in a few days he would support having the company near Philadephia coming up and getting it running. For the record, he was in favor of rebuilding the compactor.

In the meantime, the board members set a bid opening date of August 15^th at 3:00 p.m. to receive and open bids for the purchase of a new compactor.

The board discussed the new quads at the Rec. Park. There is crab grass growing on the fields and patches of brown grass. Walt from Standard Northeast is willing to deduct the seeding from his bill that is coming up. The possible causes of the crab grass and brown patches were discussed.

Supervisor Gutheil stated they will have to be careful on how much money is released until the problem is corrected.

The South Glens Falls Fire Company requested that the Town pay their portion of tax refunds in the matter of the White Birch LLC Tax Certiorari and add it to their budget in January and recoup the monies then. The amount of refunds due and payable by the South Glens Falls Fire district is $1,260.75.

Supervisor Gutheil stated that in the future the Fire Company needs to budget a contingency for these types of unexpected expenses.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing an advance of $1,260.75 on behalf of the South Glens Falls Fire District for their portion of tax refunds due n the White Birch LLC Tax Certiorari matter and authorizing the $1,260.75 to be added to the obligations of the district through a tax levy to be collected in January 2007.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil put the Clark Road culvert on the agenda so they didn’t forget about it. He asked Steve Barody to consult with Tim Burley and Joe Ritchey on this.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to accept the resignation of Andrew Vandiver effective July 23, 2006.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil stated that he and Councilwoman Baker had interviewed three people interested in filling the position vacated by Andrew Vandiver. He asked if they needed to discuss this in executive session and Councilwoman Baker replied, yes.

Councilwoman Baker advised that Rick Stockdale’s last pre-employment physical was 1/13/05 and he stopped work as a laborer at the Transfer Station on 4/23/05 and he wants to come back as a fill in at the Transfer Station. She asked if he needed to have another pre-employment physical if he was coming back to the same position and answer was yes.

Councilwoman Baker reported on the Moreau Community Center. The Moreau Community Center is working with the Village for permits and approvals regarding their proposed new center.

It appears that the September ground breaking is unlikely, but Doug Taylor is planning a symbolic ground breaking in September anyway. The Nibco site has not changed hands yet.

Councilwoman Baker reported receiving quotes for repair of the roof on Town Hall and the wall and window in the ladies bathroom of Town Hall. She was recommending acceptance of the quote from Reynolds Roofing to repair the roof per their quote in the amount of $1,890.00.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to accept the quote in the amount of $1,890.00 from Reynolds Roofing to repair the Town Hall roof, subject to favorable reference checks and a certificate of insurance naming the Town of Moreau as additional insured and review and approval by Attorney Auffredou.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Councilwoman Baker recommended acceptance of the quote from Simple Renovations for repair of the ladies bathroom wall and window as per their proposal in the amount of $850.00.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to accept the quote in the amount of $850.00 from Simple Renovations for repair of the ladies bathroom wall and window, subject to receipt of favorable reference checks and certificate of insurance naming the Town of Moreau as additional insured and review and approval by Attorney Auffredou

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Councilwoman Baker reported that the landfill loader has engine trouble and Ron is getting prices to fix it.

Steve Gram gave the board quotes again on the purchase of bleachers and a trailer. Councilwoman Baker asked if the board was ready to act on these purchases. Supervisor Gutheil suggested they wait until the meeting on the 31^st so he could review them.

Supervisor Gutheil reported receipt of a Notice of Petition/Article 7 that was filed by Erie Blvd./Niagara Mohawk/National Grid. Erie Blvd. is seeking a $40,131,149.00 reduction in assessed valuations of their properties and Niagara Mohawk/National Grid is seeking a $3,148,715.00 reduction in assessed valuations of their properties.

Supervisor Gutheil reported that Walt Mykins from Pop Warner has advised that Superintendent of Schools, Dr. McCarthy, wants to know if they can move their football games over to the Rec.

Park. The school apparently received a noise complaint from a neighbor. Pop Warner has donated money to the school and the school just resodded their field. Supervisor Gutheil stated that it seems that more and more sporting activities are moving over to the Rec. Park from the school. It was the consensus of the board members that Pop Warner should continue to play on the school’s field.

Supervisor Gutheil reported the sales tax revenue year-to-date was $889,837.00 vs. the same time in 2005 when it was $849,183.00.

Supervisor Gutheil received another quote for taking down two trees in Reynolds Cemetery in the amount of $1,500.00.

Supervisor Gutheil reported receipt of a check from Finch, Pruyn in the amount of $3,597.84 for the brush they chipped up and removed from the transfer station.

Supervisor Gutheil reported that the net income from the Transfer Station for the period of January – June 2005 was $41,249.00 vs. $4,600.00 for the same period in 2006.

Supervisor Gutheil reported that four of the five retention ponds basins in Woodscape are holding water. He wondered if there was a chance one of the water lines had sprung a leak. We didn’t put those lines in. We have to figure out why the water is not draining out. He didn’t know if all the rain we had would cause this or not.

Steve Barody asked the board about running a water line through his property. The water contractors put in a valve at the edge of his property and if the board doesn’t want to say yes to his proposal then he has to pay for the valve. He is proposing to supply ductile iron pipe and pay the extra cost to have them run it through his property.

Supervisor Gutheil stated that Steve Barody was in Water District 5 Water District 6 and is entitled to a regular water service connection, but if he wants ductile iron pipe run he would have to pay the difference in price. [amended 8/8/06 jf]

Steve Barody stated that Mr. Dessaint needs two lines run to his buildings so instead of running a third line to his house they could do one boring and tee off the one line.

Supervisor Gutheil suggested that Steve Barody get something in writing from Tim Burley for Monday’s meeting.

Attorney Auffredou stated that the Town Board could approve this subject to a favorable report from Tim Burley and a written agreement.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett approving the water hookup subject to a favorable report from Tim Burley and a written agreement.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil stated they needed to make sure it didn’t affect the Town’s grant.

Supervisor Gutheil asked about the chlorine residual in a six inch pipe. Steve Barody stated he was going to run a six inch pipe 500 feet to his house.

There being no further business to conduct, a motion was made by Councilwoman Baker and seconded by Councilman Hewlett to adjourn to executive session at 8:45 p.m. to discuss tax certioraris, Niagara Mohawk, National Grid, Erie Blvd., Brookfield and condemnation, the Fitzgerald Contract Litigation, personnel history/performance of a particular unnamed person(s) that could lead to the appointment of a particular unnamed person(s).

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

The Town Clerk did not sit in on the executive session.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to adjourn the executive session and re-open the regular meeting at 9:18 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

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

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to adjourn the regular meeting at 9:18 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Regular meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk