A month-end meeting of the Town Board of the Town of Moreau was held on May 31, 2006 in the Town of Moreau Office Building, 61 Hudson Street, South Glens Falls, New York.

At 3:30 p.m. the following Town Board Members were present:

Harry G. Gutheil, Jr. Supervisor

Bob Prendergast Councilman

Niki Baker Councilwoman

Town Board Members Absent:

Rich Hewlett Councilman

Also present were the following:

Jeanne Fleury, Town Clerk; Rudolph (Rudy) Klick, Special Projects Aide; Ron Gilligan from the Town of Moreau Highway Department; Steve Gram, Recreation Director; Peggy Jenkins, Assessor; Mike Shaver, Water Superintendent; and Bill Richmond From Behan Communications.

Supervisor Gutheil referred to voucher #981 from the SPCA. The paperwork attached indicated that the dog control officer picked up a dog that apparently was abandoned in an empty apartment and it was taken to the SPCA. He stated that we shouldn’t be in the business of picking up dogs that have been left by owners, because they don’t want them anymore. We should be prosecuting the owners for abandonment. The board members present agreed.

Supervisor Gutheil questioned the 90 gallons of gasoline that the Water Superintendent used for the water department truck in a 21 day period. Mike Shaver advised that he fills up every ten days and drives on average 35-50 miles per day.

Rudy Klick pointed out that the coding was changed on vouchers 856, 965, 968 to pay the Board of Assessment Review Members. They were coded to be paid out of A1355.410.4 and were changed to A1355.470.

At 3:48 p.m. Councilman Kusnierz arrived.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the purchase of crushed stone/rubble from Jointa Galusha under county contract #06-PWCS-5R at an amount not to exceed $5,000.00 for stockpile at the Highway Garage to be used on road repair, culverts, etc. per the Highway Superintendent’s request.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated a bill was received from Judge Keniry, the referee in the Niagara Mohawk/Erie Blvd. tax case. It is broken down into four equal payments of $22,356.00 each.

Originally the plaintiff was going to pay 1/3 and the respondents (the Town and School District) were going to pay 2/3. We maintained it should be split four ways between the two entities Niagara Mohawk and Erie Blvd. and the Town and School District. The court didn’t agree with this. Supervisor Gutheil stated that we could probably pay this bill subject to counsel’s review and he then asked Rudy to check the math before it is paid and to check the balance in the account.

Supervisor Gutheil stated that Honey Potter received holiday pay for her position at the Transfer Station and she called Fran and asked if the crossing guards got holiday pay and Fran said they get two hours. Honey already received four hours holiday pay for her position at the Transfer Station and Fran told her that part-time employees hired after a certain date don’t receive any holidays, sick or vacation days. Honey wants to be paid for the Transfer Station holiday pay and Crossing Guard holiday pay.

Councilwoman Baker recalled that the board discussed paying her holiday pay, because she was doing the full-time position while Nancy Ryan was out of work. She didn’t recall making a blanket change in the policy for part-time employees.

Supervisor Gutheil stated it seemed to make sense that if full-time employees received 7-8 hours of holiday pay then part-timers should be paid for no more than four hours.

Councilman Prendergast didn’t think part-timers should receive holiday pay.

Councilwoman Baker wasn’t aware of any crossing guards who received holiday pay.

Supervisor Gutheil asked the board if it is found that she is grandfathered in and has been paid before for holidays then we would pay her for no more than four hours. The board agreed with this.

A request was received from the Strassburg’s on Selfridge Road for a reduction in speed limit from 45 to 40 mph on Selfridge Road.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to submit a request to the Saratoga County Superintendent of Public Works and NYS DOT for a reduction in speed limit on the lower end of Selfridge Road from 45 mph to 40 mph to the Town Line.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated that Saratoga County Soil & Water Conservation is requesting the Town Board’s support on their application to the State of New York Agriculture & Markets for the north branch of the Snook Kill Project #1.

Supervisor Gutheil stated it would involve Killian’s Dairy Farm, Smith’s Dairy Farm, Mullen’s Sheep Farm, Kusnierz’s Beef and Christmas Tree Farm and the Winnemaker Horse Farm.

Councilman Kusnierz stated that they are looking for support for environmental projects located within our Town when they apply for grants for various businesses in our Town, which are designed to reduce water pollution. They are cost sharing programs that vary by program whether they are State or Federal. The Soil and Water Conservation would like the Town to support their efforts through a resolution.

Supervisor Gutheil strongly recommended this. It is the most cost effective way to keep our open space and make sure our farms are protected.

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

RESOLVED, the Town of Moreau supports the Soil and Water Conservation Districts application to the State of New York Agriculture & Markets for cost sharing to help farmers in the north branch of the Snook Kill watershed install "agricultural conservation projects" which are for the protection and improvement of the water quality of this New York State classified trout stream.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Abstain

Supervisor Gutheil Aye

Joe Patricke and Mark Mykins asked the Town Board for permission to request the Water Superintendent to turn off water at a new home at 69 Bluebird Road that is being occupied by the owner, Jeffrey Otruba, with out a certificate of occupancy.

Mark Mykins stated the home is on property where there was previously clean up issues.

Supervisor Gutheil informed the board that this is the property across from Jan Avenue where we had an enforcement problem and we had to take the owner to court and it was finally resolved through the courts.

Supervisor Gutheil asked how they got the water. Mike Shaver stated the owner paid a fee and the water was hooked up.

Councilman Prendergast asked what needs to be done in order for the owner to get a c.o. Mark Mykins stated outside he has two or three day’s worth of work. Inside he wasn’t sure.

Supervisor Gutheil asked if the owner has asked for a c.o. and the answer was no. He then asked if all the other inspections were done. Mark Mykins replied that in the case of a modular home the only inspections were on the foundation and septic. The septic is in.

Joe Patricke stated they wouldn’t go and turn off the water right away, but they would like permission to write him a letter and tell him if he doesn’t obtain his c.o. by a certain date then

we would be withdrawing services. He stated he shouldn’t be taking water and asked Mike Shaver how he was being billed for water and Mike Shaver stated he was billed off the meter, it has been installed.

Supervisor Gutheil asked if the meter has been checked to make sure water has been used.

Supervisor Gutheil suggested they run this by Attorney Auffredou. Whatever remedies we have for somebody living in a house without a c.o. we should use, but we should make sure we are on good legal standing.

Councilman Kusnierz suggested they be given no more than five business days to comply.

Supervisor Gutheil asked if there was something in our code that allows us to fine them so much per day and Joe Patricke stated it would be an appearance in court and Supervisor Gutheil said he didn’t care. We have had enough problems down there that if somebody doesn’t want to play by the rules then we use whatever enforcement we have available to us.

Joe Patricke stated that what he meant was that the next available date for court could be ten days away and Mr. Otruba could get it postponed. Joe Patricke stated he was trying to avoid that delay.

Supervisor Gutheil stated that if Attorney Auffredou says we can turn the water off then we turn the water off and if the sheriff has to come we call them.

Councilman Prendergast asked if they should knock on his door and Mark Mykins stated he has already talked to him and he says he isn’t ready.

Supervisor Gutheil stated we always look for voluntary compliance.

Councilwoman Baker asked if he isn’t ready then why is he living there and Mark Mykins stated he asked him that and at first he said he wasn’t. The neighbors said there are lights on at night, cars are in the driveway and he has furnishings in there.

Supervisor Gutheil stated we need to make sure we are on solid ground and he isn’t just in there working.

Joe Patricke stated he has a history that tells him we are right on this one.

Supervisor Gutheil asked Mike Shaver to read the meter to make sure he is using water. Make sure we do our homework and use whatever remedies are available to us in the code.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast approving the following water bills:

W. M. Schultz Heavy Construction Services

P.O. Box 2620

Ballston Spa, NY 12020

Minimum Charge: $33.50

Water used to pressure test the water line

Water District 2

Customer Number: 20350 Customer Number: 20543

Bill Number: 74869 Bill Number: 74870

Usage Period: 2/8/06-5/31/06 Usage Period: 2/28/06-5/31/06

Billing Date: 5/31/06 Billing Date: 5/31/06

Bobbi Hoag John Kazmierzak

8 Mt. View Drive 28 Nolan Road

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

Consumption: 7,000 Gallons Consumption: 20,300 Gallons

Amount Billed: $32.00 Amount Billed: $62.39

Final Bill Property Sold to McVay Final Bill Property Sold to Yates

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported on the progress Bat-Con is making with the installation of water lines in Water District 6. They have laid about 700 feet of water line yesterday. They started on Jacobie Road, went north on Maplewood Parkway and then Fernwood. They are heading for Washington. They are waiting for hydrants. It won’t be too long before they do Adams Road area and then Kimberly Lane in Gregory Manor and back lots in Phase I of Woodscape. Once they pressure test they will start doing the services. We have some access agreements to get and one easement to get on corner of Gansevoort Road and Reservoir Road.

The voucher from the Highway Department for hauling of compost to the rec. park was reviewed and discussed. There was a charge on the bill for a loader and operator for four days at a cost of $578.63. It was the consensus of the board that this was not a cost the Town should bear. The voucher total was reduced by this amount and then audited by the Town Board.

A voucher from Burley & Guminiak for services rendered in preparing the compactor specifications was discussed. Originally the voucher was around $6,000.00 and Tim Burley lowered it to $3,991.00. No one realized it was going to cost anywhere near this amount of money. In the future quotes will have to be obtained first.

Four vouchers from Bartlett, Pontiff, Stewart & Rhodes for services rendered in the Riverview Subdivision project were discussed. These vouchers were withheld from last month’s audit meeting and were re-submitted this month for payment. It was the consensus of the Board Members that these vouchers should be paid and the account code they are charged against should be changed from Trust & Agency to General Fund.

Supervisor Gutheil mentioned that a budget needs to be established for Water District 6. There was a budget that was prepared by the engineer for the Town during the estimated project cost phase in the amount of $7,007,400.00 and this budget could be used for now and adjusted as we go along.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to adopt a budget in the amount of $7,007,400.00 in appropriations and estimated revenues of $7,007,400.00 for Water District 6.

Roll call vote resulted as follows:

Fran had also prepared an inter-fund loan and increased revenues resolution form for the board to adopt. The Town Clerk mentioned that Fran had said something to her that if the board adopted the budget they wouldn’t have to act on the inter-fund loan and Supervisor Gutheil recalled that Fran had mentioned this to him also. No action was taken on the inter-fund loan or the increased revenues.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to approve the following transfer:

$11,000.00 from A1990.4 General Fund – Contingent Account with $10,000.00 going into A8341.410 Route 9 Water District 6 – Attorney Fees and $1,000.00 going into A8341.411 Route 9 Water District 6 – Engineering Fees

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve payment of bills as audited and for the following vouchers to be coded with a voucher number and paid with this abstract or else they are authorized to be paid pre-audit and added to the June abstract of claims:

Four vouchers from Bartlett, Pontiff, Stewart & Rhodes regarding the Riverview Subdivision in the amounts of two at $24.00 each, one at $12.00 and one at $96.00.

The voucher from Judge, William H. Keniry, Referee in the Niagara Mohawk/Erie Blvd. case in the amount of $22,356.00, subject to legal counsel’s approval.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was then made by Councilwoman Baker and seconded by Councilman Kusnierz to amend the motion to pay bills by adding the following voucher to be coded with a voucher number and paid or else it is authorized to be paid pre-audit and added to the June abstract of claims:

Voucher for hauling of compost to the rec. park

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

General Fund – A Account:

Claim nos. 794-798, 800-803, 808, 812-815, 818, 836,

842-858, 965-998, 1065-1068, 1072, 1074, 1093-1095,

1100, 1102, 1105-1109 $63,192.72

Town Outside Fund – B Account:

Claim nos. 999-1017, 1076, 1096, 1098, 1101 $ 2,164.10

Highway Fund – DB Account:

Claim nos. 1018-1032 $ 8,446.09

Sewer District I Fund – SW Account:

Claim nos. 810, 816, 1033 $ 66.27

Recreation Capital Projects Fund – HP Account:

Claim nos. 1034-1035, 1070, 1104 $23,037.34

Water District I Fund – I Account:

Claim nos. 1036-1038 $ 578.23

Water District II Fund – II Account:

Claim nos. 809, 817, 841, 1047-1056, 1071, 1099 $ 8,838.13

Water District IV Fund – IV Account:

Claim nos. 838, 1040-1042 $ 7,720.62

Landfill Reserve Fund – LF Account:

Claim nos. 1069 $ 24.00

Meadow Ridge Lighting District Fund – MR Account:

Claim nos. 805 $ 59.19

Sherwood Forest Lighting District Fund – SH Account:

Claim nos. 804 $ 215.90

Water District III Fund – SW Account:

Claim nos. 839, 1039 $ 5,497.31

Trust & Agency Fund – TA Account:

Claim nos. 1045-1046, 1073, 1075, 1077-1078,

1092, 1097 $ 4,515.00

Transfer Station Fund – TS Account:

Claim nos. 799, 811, 1057-1064 $17,730.11

Tanglwood Lighting District Fund – TW Account:

Claim nos. 806 $ 115.88

Water District V Fund – V Account:

Claim nos. 837, 1043-1044 $ 713.65

Woodscape Lighting District Fund – WS Account:

Claim nos. 807 $ 357.28

Numbers skipped by Info-Fund: 819-835, 859-964, 1079-1091

Voided Voucher #’s: 840, 1103

_____________________________________________________________________________

Councilwoman Baker reported that Mike Shaver has requested to be allowed to purchase new steel toed boots. It was the consensus of the board that Deputy Supervisor, Niki Baker, could decide if they are needed or not and authorize the purchase up to the dollar amount set by the Town Board previously.

Steve Gram provided the Town Board with more information on bleachers. Since that time the school has offered a set of old bleachers to the Town. They need to be sand blasted and painted. They will have to be looked at and see if they can come apart. Councilwoman Baker will investigate with Steve Gram.

Councilwoman Baker gave an update on the quad project. We got 100 yards of additional compost from Saratoga and still need a little bit more. We were able to use some of our own material. It was a little course, but it was worked into the soil. Standard Northeast should be done by early next week. We have grass growing on two of the fields. The fence company is doing what they need to do. Early next week she will be meeting with Walt from Standard Northeast and Jim Miller for a walk through and prepare a punch list. We still need to get rid of the big piles of brush and debris that is around the quads. She contacted one person for a price and hasn’t received a call back yet. It isn’t holding the contractor up, but it needs to be removed.

Supervisor Gutheil stated that there are places where the fence is 5" or 6" off the grass. Either the grade is off or the fence is set wrong.

Councilwoman Baker advised that Jim Miller sent the fence company a letter the other day advising them that the height and alignment should be checked and corrected. The fence company said they would correct it.

Supervisor Gutheil stated that we don’t have any of WB/MBE and the contract is almost done.

Councilwoman Baker stated they would be received with the vouchers before they are paid.

Supervisor Gutheil reminded the board that we still needed to decide on the septic, dugouts, foundation for concession stand and parking lots. We also have to have a reality check on how much money we have and how much has been spent so far.

Supervisor Gutheil stated that he was down to the rec. park the other day and couldn’t find any staff members and wants the name of the person who is on duty listed clearly in the park. Steve Gram explained his plans for doing this.

Steve Gram mentioned about the shirts he was ordering for the staff and that they were going to be gray with the word "staff" on the back. The board advised him that they wanted bright fluorescent shirts that were highly visible.

Supervisor Gutheil mentioned that the basketball backboards still weren’t up and it had been since last fall. Steve Gram stated he was waiting for the Village DPW crew to come with their bucket truck. The backboards weigh 150 pounds each. They are supposed to come this Friday to help install them. Supervisor Gutheil stated he wanted a back up plan in case the Village DPW can’t do it Friday.

Steve Gram obtained the following quotes and requested approval to purchase a field cover, turf home plate mat and play screen in dark green:

Collegiate Pacific $1,049.40

Tomark Sports $1,210.00

BSN/Passons/GSC/Conlkin Sports $1,146.20

Following discussion, a motion was made by Councilwoman Baker and seconded by Councilman Prendergast to authorize the purchase of the above items from Collegiate Pacific at a cost not to exceed $1,049.40.

Roll call vote resulted as follows:

Councilman Hewlett Absent

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 payment of a refund to White Birch LLC as per the judge’s stipulation of settlement in the tax certiorari.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to offer the job of lifeguard, part-time, seasonal, no benefits, to Morgan Gorham at $7.50 per hour subject to successful completion of a pre-employment physical and to start when needed.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Gram mentioned that the small tilt trailer was being used to take the mower back down to the repair shop when the bead broke on the tire. Cardinale’s looked at it and said the whole frame broke and it wasn’t worth fixing. He priced a new one and the prices are $1,877.00 for a Versatile and $1,711.00 from Kloss.

Supervisor Gutheil suggested that Steve Gram price a trailer according to the weight we are going to haul on it.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adjourn to executive session at 5:08 p.m. to discuss employment history/performance of a particular unnamed person(s).

Roll call vote resulted as follows:

Councilman Hewlett Absent

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 Councilwoman Baker to adjourn the executive session at 5:40 p.m. and re-open the Month-End Meeting.

Roll call vote resulted as follows:

Councilman Hewlett Absent

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 Councilwoman Baker to adjourn the Month-End Meeting at 5:40 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk