A regular meeting of the Town Board of the Town of Moreau was held on June 27, 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 (arrived at 7:25 p.m.)

None

Also Present: Jeanne Fleury, Town Clerk; Peggy Jenkins, Assessor; Ed Tracy, Town Justice; Tim Alden, Town Justice (arrived at 7:20 p.m.); Mike Shaver, Water Superintendent; Steve Barody, Highway Superintendent; Stephen Gram, Recreation Director; Bill Richmond from Behan Communications; Andre Delvaux and Kylee Baker from the Moreau Emergency Squad; Gerald Bouchard, residing at 21 Coriander Drive; Daureen Caiazzo residing at 287 Burt Road and George "Ozzie" LaFontaine, Sr. from 285 Burt Road

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 to review, comment, correct and approve:

June 13, 2006 (3 Sets)

There were no comments or corrections made to the minutes of the June 13^th workshop. These minutes were received and filed.

There were no comments or corrections made to the minutes of the June 13^th public hearing.

Corrections: Page 250 – 1^st paragraph under the heading "Woodscape Retention Basins" – 1^st line – the last name of Patrick should be spelled "Patricke"

Page 251 – 2^nd paragraph under the heading "Pepsi Contract" – 1^st line – the last name of Petit should be spelled "Petta"

Page 254 – 5^th paragraph under the heading "English Village Request for Water" – the 350 EDU’s was not a correct number – reword sentence to read "There would be a meter for each of the 21 buildings."

Page 259 – under the motion to hire applicants the "per hour" should read "per ½ session"

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve the minutes from Public Hearing and Regular Meeting held on June 13^th with the above corrections so noted.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

The Town Board scheduled a workshop on the Comprehensive Master Plan for July 6^th at 6:30 p.m.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to approve the following final water bills, Hexion Water & Sewer Bill for June and one correction:

Customer Number: 20392

Bill Number: 75482

Usage Period: 3/2/06-6/26/06

Billing Date: 6/26/06

Michael Nolan

16 Wynnefield Drive

South Glens Falls, NY 12803

Consumption: 71,120 Gallons

Amount Billed: $212.30

Final Bill Property Sold to Steven & Tammy Dean

Customer Number: 30001

Bill Number: 75481

Usage Period: 5/23/06-6/26/06

Billing Date: 6/28/06

Hexion

Accounts Payable

P.O. Box 1310

Columbus, OH 43216

Property Location: Farnan Road – Moreau Industrial Park

Sewer Usage: 425,000 Gallons

Amount Billed for Sewer: $2,125.00

Water Consumption: 1,643,000 Gallons

Amount Billed for Water: $3,417.44

Billing Date: 6/20/06

Edward & Thomas O’Connor

P.O. Box 377

Glens Falls, NY 12801

Water used during construction

Minimum Charge: $33.50

Customer Number: 40009

Bill Number: 74885

Usage Period: 2/1/06-5/29/06

Billing Date: 6/30/06

Sally Miles

24 Bluebird Road

South Glens Falls, NY 12803

Consumption 11,000 Gallons

Amount Billed: $36.45

Credit Due $36.45

A final water reading was taken for a house closing on 6/13/05 and a final water bill sent in the amount of $36.45. When calculating the bill in the regular billing cycle the computer didn’t recognize the consumption from the final bill and calculated a bill based on the same previous reading. The total consumption form 2/1/06-6/13/06 was 12,000 gallons and the bill on this amount of usage was paid by the attorney at the closing. Sending this bill for $36.45 would be double billing.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Daureen Caiazzo from 287 Burt Road and her neighbor Ozzie LaFontaine from 285 Burt Road were present to talk about the high water table in their area. Daureen mentioned that Fort Edward cleaned out their drain in their reservoir and that seemed to help a little. Also, there was construction going on near Reservoir Road and it seems to have stopped. The trees are tagged wetlands delineated. Daureen was told that the people who owned the property failed to obtain what they needed to build and started filling in the area and were told to stop.

As far as the water table issue, Supervisor Gutheil advised that he didn’t think it was within the realm of the Town Board and that DEC controls storm water run off.

Steve Barody noted that Hazen Place has had a problem with water in the cellars now too.

Mike Shaver stated that in the Fenimore area the water table was up also.

Supervisor Gutheil mentioned the water table in Gregory manor and how the drain under Route 197 was quite full of sand and was cleaned out.

[Andre Delvaux and Kylee Baker from the Moreau Emergency Squad arrived at 7:15 p.m. and Town Justice, Tim Alden, arrived at 7:20 p.m. and Councilman Kusnierz arrived at 7:25 p.m.]

Gerald Bouchard was present and addressed the board. Mr. Bouchard resides at 21 Coriander Drive in the Town of Moreau. He tried to impress upon the Town Board the importance of a re-valuation of properties in Town. It was his opinion that new builds are treated unfairly compared to those before the last re-valuation 25 years ago. He claimed that his newer home that is half the size of his neighbors costs him twice as much in taxes than his neighbors. He stated that Real Property Tax Law requires a uniform percentage of full value assessments. He realizes that it costs a lot of money to do a re-valuation, but what if we lose a court case? It is the new home owners who will be the ones penalized. He stated that the Town isn’t doing anything to get the assessments back on a fair platform. The Town knows it and the law says it. The Town is going to spend $300,000.00 to let the Judges have an office building to back up the law and this is the law. We need to do a re-valuation. We are supposed to be a first class Town, but we aren’t in our assessments. If we need the money to do the re-valuation then we need to get it. He thanked the Town Board for their time.

FIRE COMPANY RESOLUTION:

Supervisor Gutheil stated that he thought they were all set with the resolution for the Fire Company at their last meeting, but since have been given a letter/resolution that he needed authority to sign.

The letter/resolution read as follows:

I, Harry G. Gutheil, Jr., Town Supervisor of the Town of Moreau, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, hereby acknowledge and approve the entering into by the South Glens Falls Fire Company, Inc. of a financing transaction with the Adirondack Trust Company in an aggregate principle amount not to exceed $1,400,000.00 for the purpose of refinancing debt incurred for the construction of a fire house addition and renovations of it’s station located at 361 Reynolds Road in the Town of Moreau, New York. I hereby certify that the company provides fire protection services in and for the jurisdiction of the Town of Moreau pursuant to a contract between the Town of Moreau, the Village of South Glens Falls and the South Glens Falls Fire Company, Inc. It is expressly understood that this letter does not constitute any financial involvement or obligation of myself or the Town of Moreau in the financing transaction.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the Supervisor to sign the letter/resolution:

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

MOREAU EMERGENCY SQUAD:

Councilman Hewlett reported that he and Councilman Prendergast met with Andre Delvaux from the Moreau Emergency Squad. Andre provided other EMS rates. Councilman Hewlett stated he checked with West Glens Falls and Wilton and verified the rates. The rates that the Moreau Emergency Squad is recommending and that he and Councilman Prendergast concur with are consistent with neighboring Towns and are as follows:

Councilman Prendergast stated that at previous meetings this has been brought up and there were subsequent meetings as time has gone on getting us to this point. We are making a recommendation to the Town Board, agreeing to a recommendation by the Moreau Emergency Squad, as far as charging fees for their services. This is something new to the Town of Moreau. The Moreau Emergency Squad has always been a volunteer service and the Town of Moreau has always supplied budgetary money (tax dollars) to the Moreau Emergency Squad to off-set their expenses. For at least the last couple of budget times it has been talked about that maybe it is time for the squad to charge fees for their services. Maybe it is time now for them to do this. They have gone on for 49 years as a volunteer service. Other Towns have charged for quite some time now. Due to rising costs, state mandates, training, and equipment and in order to keep their high level of service it is necessary to go to paid status. They have no other choice.

Supervisor Gutheil asked if the board was ready to set rates and a public hearing date.

Following discussion, a motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to schedule a Public Hearing for July 11^th at 6:30 p.m. to consider an amendment to an agreement between the Moreau Emergency Squad, Inc. and the Town of Moreau and the proposed fee scheduled as read by Councilman Hewlett and referenced above.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Abstain *

Councilman Kusnierz Aye

Supervisor Gutheil Aye

* Councilwoman Baker abstained from the vote due to the fact that her daughter serves on the Moreau Emergency Squad.

Supervisor Gutheil reminded Andre Delvaux that the Town Board needs an anticipated budget for the current period through December 31, 2006. According to the information before them, the figures projected by Andre Delvaux, the estimated annual budget would be $302,904.00 for the paid services only. [amended 7/11/06 jf]

The Highway Superintendent submitted a request for the purchase of diesel fuel in the amount of $5,000.00 from Mohawk Home comfort under state contract.

A motion was made Councilwoman Baker and seconded by Councilman Kusnierz authorizing the purchase of diesel fuel under state contract #PC61880 from Mohawk Home Comfort at an amount not to exceed $5,000.00.

Roll call vote resulted as follows:

There was brief discussion on the bids received for the purchase of a cab, chassis, dump body, snow plow and equipment and 16’ walk-in van. There was only one bidder on the truck and one bidder on the snow plow and equipment. Supervisor Gutheil wondered if the bid specifications were too tight. He was of the opinion that we should go back out to bid on these items.

A motion was made by Supervisor Gutheil and seconded by Councilman Kusnierz to schedule a bid opening for July 19, 2006 at 3:00 p.m. for the purchase of cab, chassis, dump body, snow plow and equipment and 16’ walk-in van.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilwoman Baker reported that Tim Burley submitted his proposal for new gas tanks at the highway garage and the board can review them.

Supervisor Gutheil stated that the estimate is $200,000 and we budgeted $40,000.

Councilman Kusnierz stated that they would have to discuss it at budget time.

Councilwoman Baker reported that the rims for the dresser loader that need replacing have an unusual bolt pattern and new ones cost $1,650.00 including freight. The highway department staff cannot find used ones and in the meantime the loader is sitting around not being used.

Discussion followed on who should pay for the rims, the highway garage or landfill or both. Steve Barody suggested that his department be billed for the rims and they could decide after if it should be split or not and his department could be reimbursed.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker authorizing the purchase of a rims rim for the dresser loader at a cost not to exceed $1,900.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilman Kusnierz asked Steve Barody where they were at with the bridge repairs on Clark Road.

Steve Barody stated that he was waiting for the board to decide who will write the specs. He brought it before the board previously and wanted the board to have Tim Burley look into it and it was tabled.

Councilman Prendergast stated they could go over it with Tim Burley on Thursday at the workshop on the water rates.

Councilman Kusnierz stated it was important that we move forward with this repair, because there are farms along that road that will need the bridge to cross over.

Supervisor Gutheil stated that there was some talk about a closing on June 30^th, but he didn’t think that was going to transpire. He didn’t think that the title work would be ready by then.

Bill Rourke quoted $750.00 for a survey.

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast authorizing an amendment to the mortgage tax revenues and increase appropriations to pay the balance of the purchase price of the building in the amount of $309,000.00 plus legal and survey expenses.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Tim Alden, Town Justice, stated that he and Justice Tracy submitted a floor plan that they felt would work for them. They need a time frame as to when they may be moving in so they can prepare for the move. They also want to be involved in the planning process for the renovations.

Supervisor Gutheil stated that the drawings need to be finalized and we need to go out to bid. Tim Burley is going to rework the floor plan and if everybody agrees with it then we could go out to bid.

Ed Tracy stated that if the board wasn’t willing to go for an addition then they shouldn’t buy the building. He wanted a commitment that the board was going to do it right and if they weren’t then they shouldn’t do it at all and they shouldn’t buy the building.

Supervisor Gutheil stated that the Town signed a contract and is obligated to buy the building. The building will be purchased. From everything that we know and are told it is a good buy.

Tim Alden stated that when the plans are drawn they would like to see them.

A renewal bingo application was submitted for approval by St. Michael’s Church. The Town Board had before them the Findings and Determinations Statement that needed to be completed. Questions 1 – 9 on the Findings and Determinations Statement were read and the answer to all the questions was "yes". The answer to #10 was "no".

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the Supervisor to sign the Findings and Determinations Statement and authorize issuance of the bingo license.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Water Superintendent discussed with the Town Board briefly the option of installing a T in the water line and a valve on Reservoir Road in front of the King residence that could be used for future expansion of the water main north on Route 32. The cost right now while we are running water lines is approximately $5,000.00. If there is money left near the end of the water project the Water Superintendent recommends that this work be done. This will be discussed with Tim Burley on Thursday. There was also discussion about Ed Hazelton being hooked up to Water District 5. His property is within Water District 5, but the two houses next door to him are outside the district boundaries so they would be considered outside users and would be hooked up only by contract.

Supervisor Gutheil noted that the $250,000.00 budgeted for a buy-in with Queensbury for more water has always been a part of Tim Burley’s anticipated budget for Water District 6, but has now disappeared from the budget. We need to find out why.

Supervisor Gutheil reported that the hydrants have been installed in the Fernwood area, Adams, Grover Avenue area and they are now moving down towards Gregory Manor. The contractor on the water project has been able to install 10-12 hydrants a day. They are in the process of running the water line up Route 32 and are near Duell’s Garage. The water lines have been installed in the Fernwood area, Adams, Grover Road area and Gregory Manor. The water tank crew is mobilizing on July 6^th and will start on the water tank the following week.

Councilman Hewlett asked about restorations and Supervisor Gutheil stated that they have to install the services into the homes first. They will clean up along the roadways and start paving restoration.

Mike Shaver, Water Superintendent, advised that Attorney Auffredou informed him that the water services along Route 9 and Fort Edward Road that weren’t done during the Water District 4 Project have to be put out for bid. It can’t be done as a change order.

Supervisor Gutheil reported that the Village of South Glens Falls ordered and installed a new master meter for the Water District 1, Fenimore area.

Mike Shaver advised that the way the master meter was installed wasn’t the proper way to install it. They didn’t install a strainer and there should be one and without it the meter may not record water usage properly.

A letter was received by the Town Board today regarding the Fitzgerald Pouring Rights Contract. The letter mentioned how there was vandalism to their vending machines and how the Town didn’t prevent it.

Councilman Kusnierz stated that no where in the contract did we assure them there wouldn’t be vandalism.

Supervisor Gutheil noted that in fact we paid for half the cost of the fencing that was put up around the machines to prevent vandalism.

Councilwoman Baker advised that Fitzgerald Brothers did remove the Pepsi coolers from Rec. She arranged to have Pat Sweet put in coca cola coolers temporarily. She gave a report on the quad project

Supervisor Gutheil reported for the record that on Friday, June 23^rd it was announced that a chip fab manufacturer was going to be sited in Luther Forest in Malta and this company will bring in the range of $2.5 to $5 billion into our county and produce a lot of jobs. He noted that without Senator Bruno and his staff and the staff from SEDC this project would probably not have materialized. Senator Bruno has some good people working for him.

Councilwoman Baker stated that Tim Burley is supposed to give us updates tomorrow on the compactor. Nancy did a spread sheet to show us why the revenues are down. It will be copied and distributed to the Town Board.

Councilwoman Baker also reported that the water pump used to wash down the area has a crack in it and Nancy and Andy wants some direction on whether to repair or replace it.

Councilman Kusnierz reported on the updating of the highway radios. The preliminary cost figures range from $13,000.00 - $23,000.00. We should deal with this at budget time. Discussion followed.

Supervisor Gutheil received a map from State Historic Parks and Preservation. They are considering purchasing some parcels of land. One is in Moreau and in the area of the old Royal Block House remains. He thought that we should encourage them to buy the property if they would consider rebuilding the Royal Block House and opening it up to tourists.

The purchase of a folding machine was discussed. The Town Clerk’s Office Staff obtained quotes on folding machines and the $3,000.00 model won’t do the volume anticipated to be run on the machine. The next step up is a $6,000.00 model. It was the recommendation of the Town Board that we should go with the better one and arrange a demonstration.

The Sales Tax Distribution for June was $156,826.00 vs. $155,637.00 in 2005.

Supervisor Gutheil reported that the Michael’s Group is talking about having the homeowner’s association in Woodscape install a drywell in the middle of one of the retention ponds and using it for irrigation water. Conceptually it sounds like it may work. We should have Tim Burley look at it. They want to keep moving along with the Phase II and they want to work with us. If it is going to hold up their approval then maybe we can get a bond or something from them. If we can get an estimate and they want to give us a bond to take care of it then he didn’t have a problem with it. It sounds like they want to try this and see if it will work.

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to adjourn to executive session at 9:29 p.m. to discuss CSEA contract negotiations.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

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

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adjourn the executive session and re-open the regular session.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

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

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adjourn the regular session at 9:43 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