A regular meeting of the Town of Moreau Town Board was held on March 14, 2006 in the Town Office Building, 61 Hudson Street, South Glens Falls, NY  12803.

Supervisor Gutheil opened the meeting at 7:00 p.m.

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

Harry G. Gutheil, Jr. Supervisor

Rich Hewlett Councilman

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

None

Also Present: Jeanne Fleury, Town Clerk; Peggy Jenkins, Assessor; Joe Patricke, Building Inspector; Steve Gram, Recreation Director; Mike Shaver, Water Superintendent; Jan Kropp and Chuck Rowson from 471 Old Saratoga Road; Loni Hubinsky from 18 Cedar Lane; Marilyn L. Reisch from 13 Locust Street, Glens Falls; Glenn Ellsworth, Robert Duckett, Gary Gordon, leaders of Cub Scout Pack 99, Den 2, and their cub scouts, Todd Cochran, Mike Springer, Kyle Ellsworth, Tyler Cochran and Zachary Gordon

Cub Scout Pack 99 was in attendance to get credit toward earning their citizenship activity pin.

Cub Scout Pack 99 led the pledge 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 27, February 28 and March 8, 2006

No comments or corrections were made to the minutes of February 27^th.

Corrections:

Page 84 – 1^st line – change "Baler" to "Baker"

Page 84 – Correction to Water District 4 Bill added

Page 85 – 1^st roll call vote – change Supervisor Gutheil’s vote from "Aye" to "Abstain"

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to approve the minutes of February 27^th and 28^th as corrected.

Roll call vote resulted as follows:

MINUTES – MARCH 8, 2006 – WORKSHOP RE: MOREAU LAKE STATE PARK MASTER PLAN:

There were no comments or corrections to the minutes of March 8^th.

The Town Board received and filed these minutes.

The findings on page 498 were for the actual approval of the Pallette PUD and the findings for the amendment to the PUD are what should have been included in those minutes.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing a correction to the minutes of December 27^th to include the correct set of findings re: the Pallette PUD.

Roll call vote resulted as follows:

Councilman Hewlett Abstain

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz No

Supervisor Gutheil Aye

Councilman Kusnierz voted no on this correction stating that he was not in favor originally of the specifics of the PUD.

The Personnel Committee will hold interviews for the position of Special Projects Aide on March 21^st beginning at 6:15 p.m. The board members are to submit names of applicants they want to interview by Thursday to the Supervisor’s Secretary, Terry and she will schedule the interviews. The interviews should be scheduled 15 minutes apart and up to 7 applicants should be scheduled to be interviewed on the 21^st.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to receive and file monthly reports from the following departments:

Town Clerk, Supervisor, Assessor, Water Superintendent, Building Inspector, Recreation Director, Highway Superintendent, Transfer Station for January and February and Dog Control Officer

Roll call vote resulted as follows:

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast approving the following correction to the Hexion sewer bill for February 2006:

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

Location: Farnan Road-Moreau Industrial Park

Amount originally approved for sewer usage: $3,211.28

Corrected amount billed for sewer usage: $2,930.00

(The new sewer rate was not entered into the water billing software program before this bill was calculated.)

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

When Water District 4 was created there were some parcels on Fort Edward Road and Route 9 that were deep lots and only so many feet back from the front property lines were included in Water District 4. These lots are now going to be entirely within Water District 4. This will require a public hearing and order creating an extension. A map, plan and report have been completed. A public hearing was scheduled for March 28^th at 6:55 p.m. Discussion then followed on the map that was presented as part of the map, plan and report. There was a question as to whether or not a large tract of land at the southeast corner of Fort Edward Road and Bluebird Road should be included or not. It was also noted that a property owned by Bashant on Fort Edward Road was left out and they should be included. They are currently under contract with the Town and are provided with Town water. There are two parcels on Route 9 that are deep lots and it was discussed whether or not to include the whole parcels or not in this extension. It was the consensus of the board to include them in their entirety. Revisions to the map will have to be made before a public hearing can be held.

Notification was received from Tim Dworakowski of his intent to apply for a seasonal summer liquor license for the Crazy Horse BBQ/Renegades Saloon LLC bar/restaurant business he intends to lease located on Route 9 in the Town of Moreau. He also submitted a request for waiver of the 30-day notification waiting period under Section 64, Article 5, 2(a) of the liquor law.

Joe Patricke, Building Inspector, advised that another gentleman had previously intended to open up the business and received Planning Board approval, but then changed his mind. He now intends to lease out the building to this gentleman. He met with Mr. Dworakowski today and discussed what his intent was and it appears to coincide with what the Planning Board approved previously. Joe Patricke recommended the waiting period be waived.

Supervisor Gutheil stated that they heard at one time that a business was going to be operated that wasn’t conducive with the neighborhood. Joe Patricke stated that, that was when the other gentleman proposed to open up a business there, but that wasn’t Mr. Dworakowski. He covered this with Mr. Dworakowski today and he assured him that he planned to run a seasonal BBQ business and bar/restaurant with no outdoor entertainment. Mr. Dworakowski is a parole officer. The Department of Health has done an inspection and granted a permit to operate.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing waiver of the 30-day notification period.

Roll call vote resulted as follows:

Supervisor Gutheil stated that the board never acted on the subdivision fees and it is incumbent upon us to do something before a big project comes before the Planning Board. We should act reasonably soon.

Supervisor Gutheil asked Steve Gram if he took into consideration with the advertising banners proposed for the outfield fencing that there should not be any banners within the "batters eye" zone. Steve Gram stated he did.

Councilman Kusnierz reported that the Recreation Commission is proposing a $200.00 fee be charged to allow 3"x8’ advertising banners on the outfield fencing during the period of May1st through August 15th. The proceeds could be used to upkeep the ball fields. The Recreation Commission would like to see a direct benefit to the fields from the proceeds.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing 3’x8’ promotional banners to be allowed on the outfield fencing for the ball fields for a fee of $200.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The board then discussed proposed fees to use the pavilions at the rec. park. The Recreation Commission proposed a half day fee of $35.00 and full day fee of $60.00 plus a refundable clean up fee deposit of $50.00.

The Town Clerk expressed opposition to the deposit fee of $50.00. The money would have to be deposited and refunded by voucher creating a lot of paperwork. The fees for use of the pavilions would more than adequately cover any necessary clean up.

Supervisor Gutheil stated he wouldn’t support charging a fee to use the pavilions. A fee is another tax. The Town’s people paid to build the pavilions and to purchase the land.

Councilman Kusnierz stated that it is the Recreation Commission’s opinion that the taxpayers shouldn’t have to subsidize use of the park by out-of-town people. The actual use should be on the backs of the users.

Supervisor Gutheil stated that you could use that same philosophy then and charge every team that comes in to play on the fields.

Councilman Kusnierz stated the fee would be for exclusive rights to use a pavilion for a specific time period. There is nothing to say that a group can’t come in and use the pavilion, but if somebody wants exclusive rights to it then they would have it by renting a pavilion, whether they are Town residents or not. He then referred to the Pepsi Contract in which they are supposed to pay the Town $12,000.00 a year and they haven’t for the past two years and they have severed the contract with the Town. This fee proposal was a means to try and make up some of that difference.

Councilman Prendergast stated that he wouldn’t support charging a fee either. The proposed subdivision fees that are expected to be adopted would bring in a considerably larger sum of money that could be used towards the park. He asked Joe Patricke what the potential revenue would be from the proposed Leonelli project on Harrison Avenue based on the new proposed subdivision fees and the answer was $136,000.00. Councilman Prendergast stated he wasn’t going to ask the taxpayers for another $60.00 to rent the pavilions.

Councilman Kusnierz again stated that a person wouldn’t have to pay a dime if they wanted to just go down anytime and use the pavilion, but if a person wants a guaranteed use of it for a set period of time then they would have to pay.

The Town Clerk stated that we can’t allow this. The Town Clerk’s Office can’t reserve pavilions and have the people go down and find that the pavilions are being used by people who hadn’t reserved them and who have just walked in and set up in a pavilion for a party. We don’t want to publicize that the public can go down a and use the pavilions without a reservation.

Councilman Kusnierz also stated that other communities are charging for use of their parks.

Councilman Hewlett suggested charging a trash removal fee rather than a fee for ½ day or whole day use of the pavilions. It would be more justifiable than a use fee.

Supervisor Gutheil stated that this whole conversation is about money and that is not what our park is all about. He can pull the budget for the last ten years and show where the Town has budgeted over $200,000.00 a year for the rec. park and the whole budget for the rec. park hasn’t ever been spent.

Mike Shaver suggested putting up a sign requiring people to take away their own garbage. A lot of state parks have this rule.

Councilman Kusnierz stated that garbage isn’t the big issue and Mike Shaver stated that it appears that it is. Councilman Kusnierz stated that the Recreation Commission has a problem with taxpayers subsidizing the park for outside users to use the park.

Councilman Kusnierz reminded the board that last spring members of the public came before the board and they won’t weren’t very happy about what was going on down at the park. They felt that things weren’t getting done and upgrades weren’t being done, etc. The commission took that into consideration and they thought this was a way to address that. Councilman Kusnierz stated he was bringing this to the board as a liaison to the Recreation Commission.

Councilman Hewlett then stated that maybe the board should take a closer look at the proposed fees for another year.

None of the board members offered a motion regarding the proposed fee schedule so no action was taken.

A layout of the lighting district and an annual charge estimate for the lights is on file. A public hearing needs to be held and the board has to pass a resolution authorizing Niagara Mohawk to install the lights.

Attorney Auffredou stated he didn’t have any information on this proposed lighting district at this point.

Peggy Jenkins advised that the lighting district would have to be created before May 1^st in order for it to make the tentative assessment roll for 2006.

The Town Board then scheduled a public hearing for April 11^th at 6:55 p.m. regarding the creation of the Riverview Lighting District.

The Palmerton Heights Lighting District has already been created by the Town Board, but Niagara Mohawk needs a resolution and letter from the Town Board authorizing them to install the lights.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the installation of sixteen – 100 watt high pressure sodium lamps, sixteen – 100 watt architectural luminaries, sixteen – UG fiberglass 16’ and under, embedded and necessary underground circuits and cable in the Palmerton Heights Subdivision off the Old Saratoga Road in the Town of Moreau, per the estimated annual cost quote received from Niagara Mohawk/National Grid.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Joe Patricke advised the board that Phase II of the Woodscape Subdivision hasn’t been approved by the Planning Board yet. Therefore, we are not ready to move forward on the lighting district yet that was requested by the Michael’s Group.

Supervisor Gutheil stated that the Town Board already approved this contract, but there has been a change.

Attorney Auffredou stated that the Planning Board didn’t provide conceptual approval for Phase II in the Woodscape Subdivision. The Planning Board didn’t find any identifiable issues and they are scheduled for preliminary review on March 20^th. This required a change in one "whereas clause’ in the contract.

Supervisor Gutheil stated that Burley and Guminiak quoted a design charge of $2,966.66 per distribution sheet. He asked Attorney Auffredou if this is a charge the developer should pay or is there enough benefit to the Town that we don’t have to recover this fee.

Attorney Auffredou replied that a public benefit could be shown, but there is certainly a benefit to the developer and the Town should recoup this cost.

Supervisor Gutheil stated that if we want the developer to pay this charge then the contract has to be changed. It was the consensus of the Town Board that the developer should pay the design charge.

Supervisor Gutheil stated that Attorney Auffredou has been communicating with the squad’s attorney re: their proposal for third party billing.

In the meantime, we are going back to the contract that was drafted by Attorney Auffredou a couple of months ago. There was a change made that reads, if they do bill and there are any claims related to the billing then they indemnify the Town. The board was okay with this clause and Supervisor Gutheil said he would sign the contract so a check could be cut to the Moreau Emergency Squad.

The State of New York is requiring the adoption of a policy regarding "cyber security notification". This policy would require notification to people of a potential breach or a breach of confidential information that may be in electronic form.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to adopt the following "Cyber Security Notification" policy:

TOWN of MOREAU

CYBER SECURITY CITIZENS' NOTIFICATION POLICY

STATE TECHNOLOGY LAW, SECTION 208

D. The Town will notify any affected individual directly by one of the following methods:

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Attorney Auffredou has suggested that the Town request an insurance consultant review the water project contracts 1, 2 & 3. In particular, the section of the contracts relating to insurance and compare them with the certificates of insurance, policy limits and what they relate to.

Supervisor Gutheil asked the board who they want to get to review them. It was the consensus of the board that Peter Beames from Community Insurance and a professional paid service should review them.

Attorney Auffredou drafted a letter to Bat-Con, the successful bidder on the Water District 6 Distribution System, and copied the Town Board. Bat-Con wants to start on April 1^st, but we haven’t closed on our loan yet so we have reserved the right to cancel and only pay for work completed to date of cancellation. We also want them to start with the Fernwood area. We can pay for that portion of the work from the GE/Moreau money. The board was okay with this letter.

Steve Gram got the John Deere Tractor back and the repairs cost $350.21. The problem was two switches under the seat and not what Falls Farm & Garden diagnosed. It is the Town’s intent to pursue reimbursement from Falls Farm & Garden in small claims court. Attorney Auffredou suggested that Steve Gram get in writing what was actually wrong with the tractor and what was fixed.

Councilwoman Baker met on March 8^th with Jim Miller, Engineer, assigned to the quad project at the rec. park, and they prioritized what needed to be done.

We need an easement with Niagara Mohawk signed so we can put a pole in and the estimate for this work back in 2005 was $12,946.00 and it would have to be paid pre-audit.

Supervisor Gutheil asked Attorney Auffredou if he had concerns with parts of the easement and Attorney Auffredou stated he did, but Niagara Mohawk made the changes requested and he was fine with the easement. He did recommend that exhibit A should be checked for accuracy, since he did not know if the tax map information, etc… in exhibit A was accurate or not.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett authorizing the Supervisor to sign the easement with Niagara Mohawk and pay the $12,946.00 pre-audit.

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 she obtained the utilization sheets from Standard Northeast and Afsco Fence for the work that has been done so far. Last Thursday she faxed to John Albert who is overseeing our grant, the information that she obtained from Afsco and asked him to advise her if he needed any further information or if we could move forward. Tomorrow she will fax the info from Standard Northeast. She may be presenting the vouchers for payment at the end of March.

Councilwoman Baker stated she is working with Jim Miller on new bid specs for topsoil with an alternate for compost.

Supervisor Gutheil asked if there is a clause in the bid specs about testing of compost if there is material from sewage in the compost.

Councilwoman Baker replied, no.

Supervisor Gutheil thought this should be included.

A bid opening on topsoil bids was scheduled for April 7^th at 3:00 p.m. at the Moreau Town Office Building.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the Supervisor to sign the renewal application to operate the sand bar beach.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Cliff Stark sent a thank you letter to the Town Board for their support. They also want to use the field strictly for baseball. It was the general consensus of the Town Board at the last meeting that there shouldn’t be any group precluded from using the field if it is available and we can’t discriminate. Steve Gram will get back to Cliff Stark.

A request was previously submitted by Steve Gram to the Town Board asking for authorization to have partitions installed in the baths at the rec. park.

Two quotes were received dated February 13^th as follows:

Security Supply $2,513.64

Leland Paper Co., Inc. $3,110.00

Steve Gram recommends going with Security Supply.

Supervisor Gutheil asked if block walls would be more feasible and wondered what the cost would be.

Steve Gram advised that he had talked to a contractor and was told that the price would be about the same and the partitions are better.

Supervisor Gutheil asked why there weren’t three quotes as required by our procurement policy and Steve Gram replied that he couldn’t get a third quote.

Supervisor Gutheil stated we are wandering away from our procurement policy way too often and we should get a third quote if at all possible.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the purchase of two bath partitions at a cost not to exceed $2,513.64 from Security Supply per their quote.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated he voted yes, but expects a third quote. If Steve Gram can’t get one he will.

Steve Gram also requested authorization to have Northern Fence repair the fencing around fields 1 -7 and the legion field at the rec. park by replacing end caps at a cost of $2,250.00.

Steve Gram stated he was only able to obtain one quote. Steve Gram also obtained another quote from Afsco Fence in the amount of $2,813.00. [amended 3/28/06 jf]

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker authorizing Northern Fence to repair the fence end caps around fields 1 -7 and the legion field in the rec. park at a cost not to exceed $2,250.00 per their quote.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil No

Supervisor Gutheil voted no, because he stated that we are wandering away from our procurement policy by not obtaining three quotes.

Steve Gram requested authorization to have Green Management (Girard) do a fertilization program on field 1 and the bowl at the rec. park and grub control on the other fields. He obtained three quotes as follows:

Grassland $4,690.00

Dave Tree $6,306.00

Green Management $4,006.16

Discussion followed the chemical, Merit, and if it was suitable for use on playing fields or not. Green Management made the representation to Steve Gram that it was.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett authorizing Green Management to do fertilization program for field 1 and the bowl and grub control on the other fields at rec. at a cost not to exceed $4,006.16 as per their quote.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Gram reported that community day at rec. was going to be Saturday, April 15^th from 9:00 a.m. until 12:00 noon with a rain date of the following Saturday.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the Supervisor to sign an access agreement for off Frankie Lane on the Highway Garage Property off Route 9 for a water line.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Highway Superintendent requested permission to purchase parts for the Johnston Sweeper from Cyncon Equipment, Inc. at a cost not to exceed $662.07 plus shipping and handling.

Only one quote was received and that was from Cyncon Equipment, Inc. This is a dealer only part and Cyncon is the closest factory dealership.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the purchase of parts for the Johnston Sweeper from Cyncon Equipment, Inc. at a cost not to exceed $662.07 plus shipping and handling.

Roll call vote resulted as follows:

The Highway Superintendent also previously requested authorization to have the oil/water separator tank at the highway garage cleaned. This request was previously tabled, because they had questions about the number of gallons and lack of a vendor quote sheet. The vendor quote sheet was now attached to the quotes.

The quotes obtained were 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.

Following discussion the request was approved as follows:

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing Safety-Kleen to clean the oil/water separator tank at the highway garage at a cost not to exceed $870.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the Supervisor to sign the contracts with Chazen Engineering.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the renewal of the dog control contract between the Town of Moreau and Ed Hazelton for another two-year period.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilwoman Baker was approached by Fran Thibodeau about the possibility of purchasing extra crossing guard vests for the substitutes to use. They cost $10.00 or less. The board didn’t have a problem with this.

Councilwoman Baker reported that Nancy Ryan was back to work and Honey Potter did an excellent job while Nancy was gone. Part-time substitutes are needed to cover at the Transfer Station of vacations.

Councilwoman Baker reported that she is working on a complaint regarding inconsistent fee charges.

Councilwoman Baker was asked a question by an employee about how often they can purchase steel toed boots. It was the consensus of the board that when a pair is worn out the employee can turn them in and purchase a new pair.

Councilwoman Baker stated that the roof on Town Hall needs to be repaired. One quote was received and it exceeded $10,000.00.

Supervisor Gutheil asked Councilwoman Baker to call the schools to see who does their slate roofs and compare the prices.

Councilwoman Baker stated she would, but at the next meeting the Town Board needs to make a decision.

Councilman Hewlett drafted a response to the Moreau Lake State Park Master Plan and asked the board members to write in their comments and give them back to him and he would finalize the letter. Supervisor Gutheil reminded them to watch the date. The comments period ends March 20^th.

Supervisor Gutheil mentioned that the state is pushing to electronically transfer the CHIPS funds to the Town. He stated that the money would arrive quicker this way and asked if the board was okay with this. The board members stated they were.

The Town Board, back in December, authorized the hiring of Mr. Geraghty as Court Officer, but it was found that we had to hire off the civil service list for this position. If the list was exhausted and nobody on the list wanted the position then Mr. Geraghty could be hired. Apparently, the Town Justices have gone through all the names on the list and they now want to hire Mr. Geraghty. It would be a temporary position for three months until Mr. Geraghty can obtain paperwork from the NYPD (his former employer) that is required by civil service.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to appoint Mr. Geraghty as Court Officer, part-time temporarily for three months contingent upon the filing of required paperwork with civil service.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated that the court bought three Dell computers at a cost of $940.00 each without prior Town Board approval. The court was under the assumption that when the money was budgeted for these computers that approval was given also for purchasing them. The cost of the computers is less than what was budgeted.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast approving the purchase of the three Dell computers for the court at a cost of $940.00 each.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported receiving an anonymous letter regarding the fire company. A copy of their most recent audit should be requested.

Councilman Kusnierz was approached by two people with the same complaint that was in the anonymous letter and they want to remain anonymous.

It was the consensus of the Town Board that Councilman Prendergast and Supervisor Gutheil should meet with the Fire Chief and the head of the Board of Directors to address this letter.

Supervisor Gutheil suggested new quotes be obtained for security cameras at the rec. park and transfer station. Councilwoman Baker and Councilman Hewlett will obtain the quotes.

The mortgage tax distribution for February 2006 was $22,339.00 vs. $26,303.00 for the same time in 2005.

Councilman Hewlett and Councilman Kusnierz will be the two board members serving as a sub-committee on the Master Plan Committee.

A safety driving course will be held at the highway garage on Tuesday, April 25, 2006 and there was discussion about letting all employees participate in this course. Councilman Kusnierz asked if the employees could attend on town time and after some discussion it was decided only to offer the course to those who drive vehicles for town business.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to adjourn to executive session at 10:05 p.m. to discuss employee performance/history of a particular unnamed person(s), Park vs. Highway Department and Joseph a small claims matter, Moreau Park pesticide cases, White Birch LLC Tax Certiorari, CSEA Negotiations, Niagara Mohawk, Erie Blvd., National Grid, Brascan Tax Litigation.

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 Hewlett and seconded by Councilman Prendergast to adjourn the executive session at 10:40 p.m. 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 Councilman Hewlett and seconded by Councilman Prendergast to adjourn the regular meeting for the evening at 10:40 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