A regular meeting of the Town Board of the Town of Moreau was held on May 23, 2006 in the Town of Moreau Office Building, 61 Hudson Street, South Glens Falls, New York.

Supervisor Gutheil called the meeting to order at 7:35 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 Councilman (arrived at 7:58 p.m.)

Todd Kusnierz Councilman

None

Also Present: Jeanne Fleury, Town Clerk; Stephen Gram, Recreation Director; Mike Laney, Working Foreman, Town of Moreau Rec. Park; Maureen Leerkes, Highway Department Clerk; Michael Montgomery, Deputy Highway Superintendent; Mike Shaver, Water Superintendent; Joe Baker, Rec. Laborer; Joe Burns from Behan Communications

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

The following minutes were prepared and presented to the Town Board in advance of the meeting for their review, comment, correction and approval:

May 9^th, May 15^th and May 17^th (2 Sets)

Corrections: Page 188 – 5^th paragraph from bottom of page – change the word "some" to "same"

Page 190 – 1^st paragraph – last line – change the word "earn" to "own"

Page 191 – 3^rd paragraph from bottom of page – 1^st line – change the word "appear" to "appears"

Page 193 – 2^nd paragraph under the heading "Moreau Emergency Squad" – next to the last line – change the word "comptroller’s" to "comptroller"

Page 193 – last paragraph – last line – change the word "officer" to "office"

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to approve the minutes of May 9^th as corrected.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

No corrections or comments were made to the minutes of May 15^th. The Town Board received and filed these minutes.

No corrections or comments were made to the minutes of May 17^th. The Town Board received and filed these minutes.

A public hearing was scheduled for June 13, 2006 at 6:55 p.m. to consider the adoption of a resolution approving a financing agreement between the South Glens Falls Fire Co., Inc. and the Adirondack Trust Company in the principal amount not to exceed $1,400,000.00 for the purpose of refinancing debt incurred for the construction of a firehouse addition and renovations for the housing and administration of the equipment and activities of the South Glens Falls Fire Co., Inc.

A Town Board Workshop on the Comprehensive Master Plan was scheduled for June 5, 2006 at 6:00 p.m.

A motion was made by Councilman Hewlett and seconded by Councilman Kusnierz approving the following final water bills for house closings and the Hexion Water/Sewer Bill for May:

WATER DISTRICT 1 WATER DISTRICT 2

Customer Number: 10054 Customer Number: 20222

Bill Number: 74868 Bill Number; 74865

Usage Period: 2/13/06-5/23/06 Usage Period: 3/6/06-5/18/06

Billing Date: 5/23/06 Billing Date: 5/18/06

Betty Palmer (Darlene Dickinson) Carl Gilman

214 Ferry Blvd. 24 Hudson Drive

South Glens Falls, NY 12803 South Glens Falls, NY 12803

Consumption: 1,900 Gallons Consumption: 10,300 Gallons

Amount Billed: $73.50 Amount Billed: $32.89

Final Bill Property Sold to Seiler Final Bill Property Sold to Caccavo

Customer Number: 30001

Bill Number: 74866

Usage Period: 4/25/06-5/22/06

Billing Date: 5/22/06

Hexion

Accounts Payable

P.O. Box 1310

Columbus, OH 43216

Location: Farnan Road/Moreau Industrial Park

Sewer Usage: 368,000 Gallons

Water Consumption: 845,000 Gallons

Sewer Amount Billed: $1,840.00

Water Amount Billed: $1,757.60

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town of Moreau was notified under SEQR that the City of Glens Falls IDA wants to be lead agency in the library expansion project. The Town also received a Notice of Public Hearing and supporting documentation. They are looking to bond $12,875,000.00. The Town of Moreau can agree to the City of Glens Falls IDA being lead agency or let the 30-day clock tick and then they will become lead agency automatically. It was the consensus of the board to let the 30-day clock run.

Supervisor Gutheil stated the Town Board needs to decide how they want to finance the purchase and renovations to the Jehovah Witness building on Route 197 to house the Town Court. The options are bond anticipation note (BAN), inter-fund loan (paid back by the end of the year), landfill betterment fund or use excess mortgage tax money. We received our first six month mortgage tax payment. The huge refinance of the hydro facilities has given us a big spike in our mortgage tax disbursement.

Supervisor Gutheil recommended a meeting of the Building & Grounds Committee with the Sheriff’s Office, Town Justices and Tim Burley, Engineer for the Town to finalize the plans for renovations, options for financing and estimated costs of renovations. We could then go out to bid for the renovations.

Supervisor Gutheil reported that he had received two proposals for the conduct of a Phase I Environmental Study on the property as follows:

C. T. Male $1,850.00

Empire Geo Services, Inc. $1,600.00

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast to engage the services of Empire Geo Services Inc. at an amount not to exceed $1,600.00 per their proposal for a Phase I Environmental Study of the property the Town is buying to house the Town Court.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

TOWN INSURANCE COVERAGES:

Carol Marcotte from Community Insurance provided the Town Supervisor with values on Town Buildings for insurance purposes as follows:

Old Highway Garage on William Street - $184,566.00

New Water Tank - $700,000.00

Highway Garage on Route 9 - $917,280.00

Cement Building behind salt shed - $62,297.00

Carol Marcotte also offered terrorism coverage at a cost of $2,100.00 per year.

The Town Board declined the terrorism coverage and agreed with the above values.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett authorizing the following purchases as requested by the Town Highway Department:

Gasoline – State Contract #PC 61910 – Main Care Energy – Amount not to exceed $4,000.00

Diesel Fuel – State Contract #PC61880 – Mohawk Home Comfort Services – Amount not to exceed $5,000.00

Culvert Pipe – Saratoga County Contract #05-PWP-21R - Lane Enterprises and Chemung Supply – Amount not to exceed $6,000.00

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The bids on tree and stump removal were discussed first. Maureen Leerkes, Highway Dept. Clerk stated that the Highway Superintendent recommends accepting the lowest bid from Richard Sears Tree Experts.

Supervisor Gutheil read the following county contract rates, which don’t include hauling:

12"-18" dbh $45.00 vs. Sears $120.00

18"-24" dbh $150.00 vs. Sears $240.00

24"-36" dbh $250.00 vs. Sears $475.00

Over 36" dbh $345.00 vs. Sears $725.00

Mike Montgomery, Deputy Highway Superintendent, stated that if the highway has to cut up the trees and haul the stumps away then that will tie up the crew that could be working on other projects.

Councilman Hewlett asked if the trees were dangerously close to falling. Mike Montgomery replied that some could fall tomorrow. There are several that are a priority.

Councilman Kusnierz asked how much money was budgeted for this and Maureen replied, $10,000.00.

Councilman Kusnierz made the motion to accept the lowest bid from Richard Sears Tree Experts for tree and stump removal at an amount not to exceed the $10,000.00 that was budgeted and for the Highway Superintendent or his representative to prioritize the tree removal. The motion was seconded by Councilwoman Baker.

Supervisor Gutheil stated he wouldn’t support the motion, because for the sake of one week we could contact the county about their contract and maybe find somebody to chip it and possibly save quite a bit of money.

Councilman Kusnierz agreed with Supervisor Gutheil, but stated that what we have to work with is a very limited amount of cash and if we were doing hundreds of trees then this point would be well taken.

The Deputy Highway Superintendent and Highway Clerk again mentioned the time it would take the staff to cut up the stumps and haul them away and the Highway Clerk added that the Highway Department was down to eight staff members working.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast stated the point was well taken that was made by the Deputy Highway Superintendent about some of the trees being dangerously close to falling and for this reason he was voting yes.

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil No

The truck bids were discussed next.

Maureen Leerkes stated that the Highway Superintendent was happy with the bids.

Supervisor Gutheil stated that since we only received one bid for the single axle truck we should look at the state contract price.

The bid for the truck was in the amount of $92,702.00 and with box added it would total $157,000.00.

Supervisor Gutheil stated that in the past we haven’t had good luck with the Freightliners.

Mike Montgomery stated that this one has a different suspension.

Maureen Leerkes noted that there is $160,000.00 in the highway account for a truck and that the dump truck was a priority over the walk-in van.

Councilman Kusnierz stated that he thought the bid price of $64,862.00 sounded awful high.

Discussion followed on what the walk-in van is used for.

Supervisor Gutheil suggested they check state contract price by the audit meeting. Maureen Leerkes stated that her internet was too slow to obtain this information and she may not have the time. Supervisor Gutheil stated that maybe Fran or someone from Town Hall could look it up.

[Rich Morris from Toadflax entered the meeting at 8:15 p.m.]

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett granting permission for Lori Pike and Colleen Nichols, Court Clerks and Ed Tracy, Town Justice, to attend a teleconference at ACC on June 19^th on "Sex Offender Registration" at a cost of $15.00 each.

This case went to small claims court. It was transferred to another court and adjourned. Our insurance company is preparing paperwork for the driver of the Town vehicle.

Councilwoman Baker reported on the Moreau Community Center. Dan Van Wie has resigned from the position of Chairman of the board and Harry Van Scoy is seeking the chairman’s seat at the June 12^th meeting.

Councilwoman Baker advised that Steve Satterfield from Finch, Pruyn has informed her that they are no longer interested in grinding the brush at the recreation park, but still want to grind the brush at the Transfer Station and Potter Road. His contractors are backed up with their work load right now. She made it clear that the Transfer Station is a priority.

Councilwoman Baker stated that there is a person who is interested in quoting on the grinding of brush and restorations for Water District 4 so she will follow up on this.

Councilwoman Baker reported that she met with Standard Northeast and Jim Miller today and as the result of all the rain we had the compost has compacted down so we need six more loads of compost at $11.75 a cu. yd. And the Highway Department will truck it in again.

Discussion followed and ultimately the board had no objection to obtaining six additional loads of compost.

Councilwoman Baker discussed with the board about the possibility of installing a small section of fence between where the new dugouts are going to be and the end of the fenced in area in order to keep people and off-road vehicles off the field. It was suggested that she obtain a price for temporary fencing and the dugouts will close the gap once they are built.

Councilman Kusnierz suggested shirts, hats or jackets for recreation staff that read on the back "Rec. Staff".

Supervisor Gutheil suggested photo i.d.'s also.

The Recreation Commission will review this idea and make a recommendation.

The board members discussed the Fitzgerald Contract again. It was decided to have Attorney Auffredou write another letter to them advising them that they owe the Town $48,000.00 and

are in violation of their contract and if they do not pay by a certain date then we will move forward with litigation.

Supervisor Gutheil and Councilman Prendergast wanted to ask Attorney Auffredou if we can suspend Pepsi’s privileges at the park until this is resolved.

The dedication of Field 1 took place on Saturday and Supervisor Gutheil read a plaque presented by youth baseball.

Tim Burley updated the specifications for the new compactor and repair to the underside of the compactor.

Supervisor Gutheil asked if it was really the intent of the board to spend $60,000.00 on the compactor.

Councilman Kusnierz stated that over a period of years the new compactor should pay for itself when we start cutting back on our pulls from Waste Management, because we can get a better compaction.

Steve Gram obtained prices for the purchase of bleachers for the top of the soccer bowl. The prices ranged from $3,045.00 to $5,300.00.

Supervisor Gutheil asked Steve Gram to make sure the quotes are for the same type of bleachers and give the board a copy of the line item in the budget that the bleachers are going to be paid for out of. If this information is available by the Month-End Meeting on Wednesday a decision could be made.

Steve Gram also gave the board prices on field covers in the amount of $1,146.00. Supervisor Gutheil asked him to give the board the balance in the account for this and they would decide at the Month-End Meeting.

He also requested to purchase additional items and the board will discuss these at the Month-End Meeting also.

Supervisor Gutheil reported on miscellaneous correspondence received.

Councilwoman Baker publicly thanked Barb and Leeann in the Town Clerk’s Office for planting the flowers in front of Town Hall on Saturday in time for the Memorial Day Parade.

A landfill inspection report showed broken gas vents and animal burrows. Bruce Abare fixed the gas vents he could. The board will have to look for someone to contract the rest of the work out to.

The mortgage tax for the period of Oct. 2004 – March 2005 was $230,155.38 vs. Oct. 2005 – March 2006 when it was $509,312.38.

Supervisor Gutheil reported for the record that Hiscock & Barclay requested and obtained a copy of the Town’s 2006 Budget.

Councilman Kusnierz mentioned that Richard Morris had given a letter to the Town Board expressing an interest in serving on the Town’s Recreation Commission. There have been other inquiries and Councilman Kusnierz suggested that the Recreation Committee review the letters and make a recommendation to the full Town Board.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to accept the donation of a ph test kit from Richard Morris.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Richard Morris addressed the board and gave his accounting of what occurred when he treated the field at the rec. park.

The discussion turned towards personnel reputation and performance so a motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to adjourn the meeting to executive session at 9:25 p.m. to discuss the employment history and/or performance of a particular unnamed person(s) and pending tax certioraris involving Niagara Mohawk, National Grid, Reliant Energy, Brascan, Erie Blvd. and Brookfield Properties.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Mike Laney, Joe Baker, Steve Gram and Richard Morris were invited into the executive session.

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

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to adjourn the executive session and re-open the regular meeting at 10:12 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 as the result of the executive session or in the executive session.

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to adjourn the regular meeting at 10:13 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Respectfully submitted,

Jeanne Fleury

Town Clerk