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

Supervisor Gutheil called the meeting to order at 7:01 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; Stephen Gram, Recreation Director; Steve Barody, Highway Superintendent; Mike Shaver, Water Superintendent; Bill Richmond from Behan Communications; Andre Delvaux, Captain of the Moreau Emergency Squad; Joe Patricke, Building Inspector arrived at 7:34 p.m.; Gary Palmer and Vicky C. Dibble of 3 Sunset Drive, Town of Moreau; Kevin Elnicki from Earth Waste Systems and his engineer, Tom Nace

Supervisor Gutheil 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:

March 14, 2006

Corrections:

Page 106 – the following comments were added to the minutes:

Councilman Kusnierz asked how much we brought in this year in subdivision fees.

Joe Patricke stated last year we didn’t do many subdivisions. It is going to vary. We have 800 units in front of our Planning Board now, but with water being on hold we haven’t approved anything of any substance in 2005.

Councilman Kusnierz asked if in the last five years we have taken in over $100,000.

Joe Patricke replied, probably not.

Councilman Kusnierz stated we are hearing a big number here and it sounds really nice, but is it realistic? We are talking about a complete build out in that development right?

Joe Patricke replied yes, but we charge fees up front as soon as it is approved.

Councilman Kusnierz stated it is a one shot deal and not recurring revenue. The land in this Town is finite. There is only so much of it and once a development is done then what?

Joe Patricke stated in 1999 it was only $100.00 a lot and then we raised it to $200.00 and now we are talking about raising it to a larger number, whatever that number may be.

Councilman Kusnierz asked Joe Patricke that the number you are giving Bob is based on a hypothetical number of $500.00 and not the $200.00 that is currently on the books?

Joe Patricke replied yes.

Councilman Kusnierz stated they could then cut that number right in half easily. If we had complete build out then we are already down to $70,000.00.

Joe Patricke stated the board wanted to change it and those are the numbers the board wanted to put in.

Councilman Kusnierz stated that Councilman Prendergast’s figure was based on a $500.00 fee that isn’t the current rate.

Joe Patricke stated this was true, but we don’t charge for apartments at all right now.

Councilman Prendergast stated that it was a potential number.

Supervisor Gutheil stated that Councilman Prendergast did say it was a potential figure.

Page 106 – 2^nd paragraph – 4^th line – change the word "a" to "and"

Page 106 – 8^th paragraph – 2^nd line – change the word "won’t" to "weren’t"

Page 113 – 3^rd paragraph – delete "Steve Gram stated he was only able to obtain one quote" and add "Steve Gram also obtained another quote from Afsco Fence in the amount of $2,813.00"

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to approve the minutes of March 14, 2006 with the above corrections so noted.

Roll call vote resulted as follows:

The Month-End Town Board Meeting for April was scheduled for April 27^th at 3:30 p.m. with department heads and 4:00 p.m. for the business portion of the meeting.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett approving the following final water bill in Water District 2, Hexion water/sewer bill for March and the spring billings for Water District 2:

WATER DISTRICT 2 WATER DISTRICT 2 SPRING BILLINGS

Customer Number: 20256 Consumption: 22,662,059 Gallons

Bill Number: 74138 Amount Billed: $69,182.75

Usage Period: 9/1/05-3/21/06 Billing Period: 9/1/05-3/1/06

Billing Date: 3/21/06 Number of Customers: 722

Michael Wykes

25 Mason Street

Glens Falls, NY 12803

Location: 19 North Road

Consumption: 24,400 gallons

Amount Billed: $74.48

Final Bill Property Sold to Michelle Briere

Customer Number: 30001

Bill Number: 74861

Usage Period: 2/28/06-3/27/06

Billing Date: 3/27/06

Hexion

Accounts Payable

P.O. Box 1310

Columbus, OH 43216

Property Location: Farnan Road, Moreau Industrial Park

Sewer Usage: 559,000 Gallons

Water Consumption: 2,148,000 Gallons

Sewer Amount Billed: $2,795.00

Water Amount Billed: $4,467.84

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 Hewlett authorizing Lori Pike, Court Clerk, Colleen Nichols, Court Clerk and Edward J. Tracy, Town Justice to attend a teleconference on Justice Court Finances on April 11, 2006 at the Adirondack Community College at 6:15 p.m. and for the registration fee of $15.00 to be a proper town charge. [amended 4/11/06 jf]

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 granting permission for the Highway Superintendent to attend the 2006 Highway Training School at Ithaca College in Ithaca, NY, June 5 – 8, 2006 and for all necessary expenses to be a proper town charge and authorizing a cash advance of $500.00.

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 Hewlett authorizing the purchase of 165 gallons of motor oil from Farrell Oil Company at a cost not to exceed $1,278.75.

Supervisor Gutheil asked if this was under state contract and Highway Superintendent, Steve Barody, stated that it was not. However, the price is equal to that under state contract with other companies.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the purchase of four (4) rear tires for highway truck #6 from Warren Tire Service Center under state contract at a cost not to exceed $993.22 including mounting and balancing.

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 Hewlett authorizing the purchase of four (4) rear tires for highway truck #17 from Warren Tire Service Center under state contract at a cost not to exceed $1,228.00 mounted and including balancing if needed.

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 Councilman Hewlett and seconded by Councilman Prendergast authorizing the repair of the walking beam for highway truck #14 at Quaker Truck Repair at a cost not to exceed $1,594.00 including a center tube if needed.

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 purchase of three (3) main brooms and three (3) gutter brooms for the highway Johnston Sweeper from O.D.B. at a cost not to exceed $975.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Barody asked what the board wanted to do about tree removal. It was put out to bid last year and there are still ten trees left to be removed, plus one in front of Glen Kays property that is ready to fall. He wondered if they could continue to have the trees removed under the old bid or did it have to be rebid.

It was the consensus of the board that the tree removal should be advertised and bids received.

Steve Barody will get specifications ready and give them to Attorney Auffredou to look over.

[Joe Patricke, Building Inspector, arrived at 7:34 p.m.]

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker granting permission for Mike Shaver and Earl Ruff to attend the defensive driving class on April 25^th and for the registration fee to be a proper town charge.

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 Hewlett to offer the position of Part-time Account Clerk Part-Time to Rudolph Klick at an hourly rate of $9.80, effective immediately, no benefits, probationary period of 6 months and if required take a civil service exam.

Roll call vote resulted as follows:

The contract between the Town and the Moreau Emergency Squad had been signed.

Dennis Tarantino, attorney for the Moreau Emergency Squad is awaiting a response from the State Comptroller’s Office on the third party billing.

The Moreau Emergency Squad has a proposed rate schedule. Attorney Auffredou suggested the Town Board review this schedule and have the squad explain a rationale on how they arrived at these rates, because by law the Town Board must establish the rates for this service. The fees would be collected by the Town and made available to the ambulance corp for their services.

Brief discussion followed.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to adopt the following order:

TOWN BOARD

TOWN OF MOREAU

ORDER

REGARDING PROPOSED

LIGHTING DISTRICT

WHEREAS, the Town Board of the Town of Moreau was presented with a petition pursuant to Town Law Article 12 for the establishment of a Lighting District located in the 47 lot Riverview subdivision at Potter Road, Town of Moreau, Saratoga County, State of New York to be known as the Riverview Lighting District; and

WHEREAS, the petition was filed by the owner/developer of taxable real property located within the proposed lighting district comprised of 3 Cobra style lights and 9 Acorn style lights; and

WHEREAS, according to National Grid, the yearly billing charge for the aforesaid one hundred watt high-pressure sodium lights is approximately $3,600.00; and

WHEREAS, no dollars are proposed to be expended for improvements; and

WHEREAS, the Town Board of the Town of Moreau shall meet on April 11, 2006 at 6:55 p.m. to consider the aforesaid petition and to hear all interested persons.

NOW THEREFORE by Resolution of the Town Board of the Town of Moreau, it is hereby ordered;

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Board received an EAF and Notice of Application from the Planning Board that was filed with the Planning Board by Hal Leonelli. The Planning Board intends to be lead agency in this project.

Attorney Auffredou advised that the County Planning Board has raised a lot of concerns over this project and at the last Planning Board Meeting there were many people present who raised concerns.

No action is required at this time by the Town Board.

Previously Joe Patricke, Building Inspector, presented to the Town Board a proposed fee schedule for apartments/subdivision recreation fees. The part regarding PUD’s requires a change in the Town Zoning and Planning Laws. The fee schedule can be changed by Town Board resolution. Supervisor Gutheil stated that he thought the board was ready to move ahead with the fees at this time.

A motion was made Councilman Kusnierz and seconded by Councilman Hewlett establishing a subdivision recreation fee of $700.00 per lot.

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 he didn’t want to mislead the public by letting them think that these fees would totally fund the recreation park. Once there is a complete build out in the Town the fees won’t be coming in anymore. He felt secure that the taxes will adequately support the park as they have in the past.

These fees would take effect immediately.

Supervisor Gutheil asked Attorney Auffredou to prepare the documents necessary for the Town Board to act on the fees for PUD’s, apartments/townhouses in order to amend the Town Zoning/Planning Laws. [amended 4/11/06 jf]

Attorney Auffredou stated that it would have to be sent to the county for review and the board could plan on holding a public hearing at the 2^nd meeting in April.

Attorney Auffredou expressed some concern over the lack of an indemnification clause in the

C. T. Male proposal, but due to the nature of the scope of services the Town Board may have decided it wasn’t necessary this time.

Attorney Auffredou recommended that Supervisor Gutheil see a copy of the certificate of insurance showing the Town of Moreau as additional insured and review the limits of liability coverage before the agreement is signed.

The board will take this up at the month-end meeting of the Town Board.

Supervisor Gutheil stated that they needed to get the insurance squared away. He really wanted to see Burley and Guminiak boost up the limits of liability. Due to the soil conditions at the site of the proposed water storage tank we should get as much protection as possible in case it settles.

English Village wanted to be brought on-line in district 6, and for some reason they weren’t included in the district boundary layout. but it was too late to bring English Village into the district, because of the financing package. They may be able to come on the system as an extension or do like Woodscape and put their own lines in and deed them over to the Town. [amended 4/11/06 jf]

The closing documents from EFC have been received and need to be reviewed.

The Town Board mailed in their comments by the public comment period deadline. Jan Kropp and Chuck Rowson spearheaded a petition drive and submitted a petition addressing the concerns and comments of the residents in that area.

Attorney Auffredou advised that before a lease could be signed to allow a cellular antennae to be located on the water tower the board had to complete an EAF, because they are leasing an interest in Town property and it is an action.

Councilman Kusnierz stated for the record that he had received several calls from people who were not in favor of it. He thought it was an R3 zone and Joe Patricke advised him that it was zoned R2 in which cell towers were allowed on all Town property by special permit and site plan approval.

Joe Patricke also advised that the Town Planning Board was going to hold a public hearing on this proposal on April 24^th.

Supervisor was authorized to sign the contract with Chazen at the last meeting.

Councilman Kusnierz suggested setting a workshop on the master plan and following brief discussion it was decided to set the meeting at the month-end meeting of the Town Board.

Councilman Hewlett suggested putting an ad in the newspaper looking for a person to hire to mow the cemeteries.

The following was discussed: The position will be for a laborer, part-time, seasonal, as needed, and the position will include, but not limited to mowing and maintaining cemeteries. The individual hired should have their own transportation. The hourly rate would be $8.50. A mower and equipment from the recreation department can be used.

Councilwoman Baker asked who the person hired would be answerable to and the reply was the Town Board Cemetery Committee and the Town Supervisor.

The Town Clerk was instructed to place an ad in the newspaper.

Kevin Elnicki from Earth Waste Systems and Tom Nace their engineer were present. They displayed a scaled down version of their proposed metal processing/auto salvage yard business that they want to site on the property of the old Jenkin’s Junkyard off Ferry Blvd. They were before the Town Planning Board and Town Board about three years ago with a much larger project. They recently went before the Town Planning Board again with their proposed project and received site plan approval. The drawings displayed at this meeting showed the proposed location of a new processing building, tipping pad, storage building, truck scales, storm water management area, septic system and grading details. Kevin Elnicki was before the Town Board to get back into the process again of obtaining a junkyard license.

Supervisor Gutheil asked Tom Nace to provide the Town Board Members with a copy of a map showing them where the closest receptors were. Tom Nace said he could generate a map.

Councilman Kusnierz asked Tom Nace what type of public comment was given at the Planning Board Meeting and Tom Nace replied none. Tom Nace did recall a large amount of opposition to their previous proposal from a couple of years ago which was on a much larger scale.

Councilman Hewlett asked what their hours of operation were going to be and he was told Monday – Saturday, 7:00 a.m. until 5:00 p.m.

Joe Patricke advised Mr. Elnicki that the Planning Board may have approved the site plan, but the Town Board issues the junkyard license so they can condition the approval on different hours of operation.

Supervisor Gutheil asked Joe Patricke to compile copies of the Planning Board Minutes where this proposal was discussed and give them to the Town Board.

Joe Patricke stated that Tom Nace should probably get to the Town Board drawings and overlays and description of operation, because the Town Board will probably have to do another EAF all over again.

Supervisor Gutheil asked if they were going to put in new power and he was told by Mr. Elnicki that there was going to be a new service run underground to the building.

Councilman Hewlett asked Mr. Elnicki if he could have a tour of the site and Mr. Elnicki stated it wasn’t manned right now, but Councilman Hewlett was welcome to go in and look around anyway.

Supervisor Gutheil asked if all the old tires were removed and Joe Patricke stated that about 250,000 tires were removed and DEC was actually complimentary on the clean up of the site.

Councilman Kusnierz asked Mr. Elnicki if they would be taking in new tires and Mr. Elnicki stated they would be taking in vehicles with tires on them.

Supervisor Gutheil asked Mr. Elnicki if they would be taking in any chemicals or hospital waste and Mr. Elnicki replied mostly from municipalities and transfer stations. [At the April 11^th Town Board Meeting, Supervisor Gutheil commented on this statement by saying that he wasn’t sure if Mr. Elnicki’s response answered his question or not, if this is what he really said. The Town Clerk advised that she took it off the tape recording of that meeting. Supervisor Gutheil that we need to know definitively any chemicals or hospital waste he may bring in and the board should follow up on this at the next meeting with Mr. Elnicki.]

Tom Nace and Mr. Elnicki will get the information to the Town Board as requested and the Town Board will review it.

Supervisor Gutheil stated the owner of the property along the access road into the Reynolds Cemetery wants four additional iron pins set on his property. William J. Rourke, Land Surveyor, quoted a price of $2,350.00 to do the survey map and description and set the four pins.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing William J. Rourke, Land Surveyor, to survey, prepare a survey map and description and set four five pins on the property formerly owned by Carl Edwards located along the access road into the Reynolds Cemetery at a cost not to exceed $2,350.00. [amended 4/11/06 jf]

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated they will want to get a signed contract from the owner of the property before we spend this money for a survey.

Attorney Auffredou also suggested the Town require minimal fee title insurance.

Supervisor Gutheil reported that the Town’s share of the March 2006 Sales Tax Distribution was $137,017.00 vs. $121,342.00 in March of 2005.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the Supervisor to sign the application for Food Service Establishment Fee Determination Schedule (for concession stand at Rec. Park).

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 payments in lieu of taxes on two Boralex facilities. He also noted that the pilot on the Michael Hagen property is up.

Northern Electric sent a check for $43,323.96 to the Town of Moreau. This property is in the Hudson Falls School District and they received a check for $408,646.00.

South Glens Falls Hydro sent a check for $12,398.40 to the Town of Moreau. The Village of South Glens Falls received $36,420.00 and the South Glens Falls School District received $124,966.00.

There was brief discussion on the Pepsi Contract with the Town. Steve Gram spoke with Coca Cola and John La Rock about submitting a proposal and to determine if they had any interest in entering into a contract with the Town.

Supervisor Gutheil stated we should solicit proposals, but we should make sure that we have the issue with the contract with Pepsi resolved first and that it is terminated.

The Town Board Recreation Committee, which consists of Councilman Prendergast and Councilman Kusnierz will meet with a representative from Fitzgerald Brothers to discuss the balance of funds due the Town and the terms of the agreement.

Supervisor Gutheil reported a few pieces of correspondence received.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to adjourn the meeting to executive session at 9:30 p.m. to discuss employee history/performance of a particular unnamed employee, Niagara Mohawk/National Grid/Erie Blvd./Brascan/Brookfield Properties Tax Certiorari and condemnation and White Birch Article 7 Proceedings.

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 Kusnierz and seconded by Councilwoman Baker to adjourn the executive session and re-open the regular meeting at 10:02 p.m.

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 or as the result of the executive session.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to adjourn the regular meeting at 10:02 p.m. for the evening.

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