A regular meeting of the Town Board of the Town of Moreau was held on May 9, 2006 in the Town of Moreau Office Building, 61 Hudson Street, South Glens Falls, New York.

Supervisor Gutheil called the meeting to order at 7:00 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

Todd Kusnierz Councilman

Niki Baker Councilwoman

Also Present: Jeanne Fleury, Town Clerk; Peggy Jenkins, Assessor; Mike Shaver, Water Superintendent; Martin D. Auffredou, Attorney for the Town; Stephen Gram, Recreation Director arrived at 7:20 p.m.; Ron Gilligan from the Town of Moreau Highway Department; Andre Delvaux, Captain of the Moreau Emergency Squad; Bill Richmond from Behan Communications; Paul Post, Reporter for the Saratogian; Ryan Dennis, President of RMD Development (Palmerton Heights) and his attorney Ed Grogan; Joe Blair and Cliff Stark from South Glens Falls Youth Baseball; Marc Fisher, resident of 85 Harrison Avenue in the Town of Moreau

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:

April 25^th (2 Sets) and April 27^th

There were no comments, questions or corrections to the minutes of the public hearing.

There were no corrections made to the minutes of the April 25^th Regular Town Board Meeting. Supervisor Gutheil did refer to page 169 the last paragraph regarding the Riverview Lighting District in which it read that a letter was going to be sent to the developer reminding them that they will be responsible for the costs to operate the lighting district until the lighting district is added to the tax rolls. Supervisor Gutheil wasn’t sure if Joe Patricke the Building Inspector was going to write the letter or not. He asked the Town Clerk to remind him to follow up on this.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to approve both sets of minutes of April 25^th with the comment from Supervisor Gutheil so noted.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Corrections:

Page 178 – last resolution should read "$2,500.00 from Water District 2 to Water District 1 to cover expenses for the Fenimore Water District 1"

Page 180 – the amount of the Recreation Capital Projects Fund claims should read "$165,505.50" and not "$165,505.05"

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett to approve the minutes of April 27^th as corrected.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Abstain

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

There were no meetings/workshops scheduled.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to receive and file monthly reports from the Town Clerk, Assessor, Supervisor, Building Inspector, Water Superintendent, Highway Superintendent, Recreation Director, Transfer Station, Building Inspector and Dog Control Officer.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett approving the following final water bills in Water District 1 and 2:

Water District 1 Water District 2

Customer Number: 10026 Customer Number: 20217

Bill Number: 74863 Bill Number: 74864

Usage Period: 2/13/06-4/28/06 Usage Period: 3/6/06-5/2/06

Billing Date: 4/28/06 Billing Date: 5/2/06

Lehigh Northeast Cement Company Louise Burnell

313 Lower Warren Street c/o Ernest & Arthur Burnell

Glens Falls, NY 12801 RR3 Box 3289

Lake George, NY 12845

Location: 153 Ferry Blvd. Location: 18 Hudson Drive

Water Consumption: 11,300 Gallons Water Consumption: 2,420 Gallons

Amount Billed: $73.50 Amount Billed: $32.00

Final Bill – House being demolished Final Bill – Property Sold

Roll call vote resulted as follows:

Roll call vote resulted as follows:

The Town Clerk submitted a memo to the Town Board regarding charging for final bills and it was referred to the Water Committee for review and recommendation.

Ron Gilligan was present representing the Town of Moreau Highway Department and presented the board with a memo regarding a request from the CSEA Unit of the Town Highway Department to begin their four, ten-hour work days, for the summer months on May 15^th. There are two changes from last year’s request. One is the commencement date of May 15^th. The revised summer work schedule has in the past commenced the first full week of June. The other is the proposal not to have coverage on Fridays at the Highway Garage. They proposed to have two men on-call in case they are needed.

Supervisor Gutheil stated that would be at an over-time rate on Fridays and Ron replied, yes, they would be on-call.

Councilman Prendergast asked Ron how the general public would contact the highway department on Friday if they needed to and Ron stated that they could call Steve Barody, Highway Superintendent or Mike Montgomery, Deputy Superintendent and they would do this by calling Town Hall. Ron Gilligan stated that Maureen would also be working on Fridays.

Supervisor Gutheil stated that during blacktopping season they thought it would be beneficial, but we never seem to blacktop until September.

Ron Gilligan replied that, that was a myth. There is still road preparation to be done, ditching and truck maintenance.

Supervisor Gutheil stated that they would have to prove to him that it was beneficial. He didn’t have a problem trying it on a trial basis. Theoretically it has its advantages. The question is whether or not it works. The Highway Superintendent should tell the board if he agrees with this proposal or not. He asked Attorney Auffredou how this would affect the contract.

Attorney Auffredou stated that the current provisions of the contract read that this is something the Town Board reviews every year and negotiates.

Supervisor Gutheil stated he probably wouldn’t agree to the on-call part of the proposal for Fridays. In the past there have been employees who have construed the on-call as though they are supposed to be paid. It should probably be worded that they would be brought in if needed. We could try it, but reserve the right to terminate it at any time.

Councilman Kusneirz asked Ron Gilligan if he has discussed this proposal with Steve Barody and what his opinion was.

Ron Gilligan replied that other Town Superintendents have the right to decide if the four, ten-hour days are going to be allowed or not. Steve Barody supports this proposal.

Councilman Kusnierz stated we could try it and rescind it if it doesn’t work.

Councilman Prendergast stated the proposal has changed from last year so the Highway Superintendent should be at this meeting to discuss it with the board.

Ron Gilligan stated that on paper it is new, but in reality it isn’t anything different than has been done before.

Supervisor Gutheil stated he would support acting on the some same request as last year.

Councilman Kusnierz stated that he would support acting on it if Steve Barody was okay with the request.

Councilman Hewlett agreed.

Supervisor Gutheil asked Attorney Auffredou if there were any contractual issues.

Attorney Auffredou stated that it could be approved subject to the Highway Superintendent’s recommendation and the Town Board reserves the right to rescind, modify or terminate during the term of the summer and if it doesn’t constitute a precedent for the present or future purposes. So with that he didn’t see any contractual issues.

A motion was made by Councilman Hewlett and seconded by Councilman Kusnierz authorizing a four, ten-hour work week for the Town Highway Department with the start date to be decided by the Highway Superintendent and the ending date the same as last year and subject to the Highway Superintendent’s recommendation and the Town Board reserves the right to rescind, modify or terminate during the term of the summer and that this doesn’t constitute a precedent for the present or future purposes.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Cliff Stark, President and Joe Blair, Vice-President of South Glens Falls Youth Baseball were present for two reasons:

One reason was to present an invitation to the Town Board to attend their dedication of field #1 on May 13^th at 1:00 p.m. at the Town of Moreau Rec. Park. Last year they renovated the field. There is going to be a picnic and presentation of plaques to local businesses and individuals who supported them financially and in any other way. Hannaford has offered to sponsor all the food and anything they need for the picnic.

The second reason they were in attendance was to present a bill to the Town Board for repair to the hot water tank in the concession stand. Last Monday Steve Gram left him a message that there wasn’t any hot water in the concession stand and they wouldn’t be able to open the concession stand. Mr. Stark called Brian Deyoe their board representative and he talked to Loni Hubinsky. Loni Hubinsky talked to Steve Gram and Steve Gram told her he didn’t know when he would be able to get it fixed so she took it upon herself to call Billington Plumbing and have it fixed. Cliff Stark stated that they do roughly $500.00 in sales on a weeknight and $1,500.00 on Saturday so they didn’t want to lose out on that revenue. The repair was $105.00. He left a copy of the bill with the Town Board. Loni Hubinsky told Cliff Stark that the youth baseball would be responsible for the bill.

Steve Gram stated that he was made aware of this at 3:00 on Monday afternoon. He called Loni Hubinsky right away and she called the plumber.

Supervisor Gutheil stated there are some issues here. A non-employee also worked on an electric appliance without a certificate of insurance. We can discuss this at a later date.

Councilman Kusnierz stated he didn’t understand why a non-employee took care of it.

Steve Gram told Loni Hubinsky he wouldn’t be able to get it repaired until the next day. He called around to a couple of plumbers. Sue Baldwin told him 3:00 that day that there was no hot water.

Joe Belair was told by Loni Hubinsky that she was told by Steve Gram that the hot water tank didn’t work since the equipment was handed out. The equipment was handed out two weeks ago. The point is there was knowledge the hot water tank didn’t work and the night baseball started they needed it fixed and they got it fixed. He stated they raised over $20,000.00 to renovate the little league field. The $105.00 isn’t the issue, but they don’t feel they should pay to fix a piece of equipment they don’t earn own. [amended 5/23/06 jf]

The Town Board will review the bill at a later time.

Mark Fisher a resident of 85 Harrison Avenue was present to advise the Town Board of a few concerns the residents in his area had over the proposed Leonelli apartment complex off Harrison Avenue.

One was the SEQR application – He thought everybody in the community has raised enough concerns about health, welfare, safety and the environment to have a push on the SEQR application. He didn’t think the Town Board saw it as enough. It appeared to him that every time the Planning Board came into it, it kept getting tabled. He thought the SEQR application would clarify a lot of issues.

Attorney Auffredou stated that the Planning Board was lead agency. They sent out their SEQR notices and they have a full EAF. The Planning Board can only conduct SEQR when they have all the information they need to conduct SEQR. The Planning Board doesn’t believe they have enough information yet. The public hearing process has so far focused primarily on traffic even though a number of issues have been raised. The Planning Board is going to have to make a decision soon on how they want to proceed with this. The Planning Board is a very sophisticated board when it comes to SEQR. The Planning Board will take a long, thorough, hard look at SEQR.

The other issue was over the traffic. There should be a lot of concern over the traffic. Besides Harrison Avenue it is going to affect Route 9 and Main Street.

The other issue was storm water. It is a very high water table area. This will affect the layout of the buildings and the longevity of the project. Where is the run off going to go?

Supervisor Gutheil stated these questions would be dealt with during SEQR.

Attorney Auffredou stated that the Planning Board has access to an engineer and he will be looking at these issues and addressing them. He thought that storm water was one of the reasons why the Planning Board hasn’t gone to SEQR yet.

Mark Fisher discussed with the board water and sewer.

Attorney Auffredou advised that this is one instance whereby the County Planning Board has responded that they don’t have enough information in order to proceed under 239-M of the General Municipal Law. He suspected that the Planning Board review of this project is going to take a considerable amount of time.

Mark Fisher stated he would attend the next Planning Board Meeting and see how it goes.

Attorney Auffredou stated that we are at the point where the Town Board could take up the road dedication for the Palmerton Heights Subdivision. They have supplied all the documents necessary. The Town Board would have to complete a short form EAF. The road and storm water infrastructure is being offered for dedication to the Town, as well as, the easement maintenance areas.

The Town Clerk read the information, questions and answers in Part I of the EAF.

Attorney Auffredou suggested that in the description of the action box the following words be written in: "The aforesaid maps have been revised and updated per the request of the Attorney for the Town."

The storm water infrastructure was discussed. Supervisor Gutheil asked if there were storm water drain basins in the development and Attorney Auffredou stated there weren’t any retention basins. There are discharge areas off from the roads that connect into stream beds. There is infrastructure alongside and adjacent to the roads and in the easement areas for the purposes of getting the storm water away and into the discharge areas. Supervisor Gutheil asked if they were designed to hold water at all and Attorney Auffredou stated he didn’t think so.

Supervisor Gutheil asked if sand gets in the basins and fills in is it the Town’s responsibility to clean them out and Attorney Auffredou acknowledged that it was. Supervisor Gutheil said this isn’t what we want. He asked if it was too late to change this.

Attorney Auffredou stated that there was going to be some maintenance by the Homeowner’s Association, but majority of the maintenance is the responsibility of the Town.

Councilman Kusnierz asked if we could stipulate as a condition of the approval that the Homeowner’s Association will be required to maintain them.

Attorney Auffredou stated that wasn’t the intention of what has been offered here.

Supervisor Gutheil stated the Town Board has signaled to the Planning Board what their intentions are going forward with the storm water discharge, but are too late to do anything now on this one?

Councilman Kusnierz stated our only leverage is over the building permits and Supervisor Gutheil stated they have been getting building permits, but not certificate of occupancies.

Attorney Auffredou stated it appears we are trying to redesign what is being proposed. He wasn’t comfortable telling the board to proceed until they find out from the Highway Superintendent what the cost of the maintenance is going to be.

Ryan Dennis, President of RMD stated the easements were to allow maintenance of the storm water discharge areas and DEC required them to have an erosion control.

Attorney Auffredou reminded the Town Board that Tim Burley reviewed this.

Supervisor Gutheil stated that the problem is due to the lateness of this. The Town Board just issued a message to the Planning Board about storm water.

Councilman Kusnierz stated that going forward there has to be a policy and it has to be telegraphed to the Planning Board even if we have to change regulations. The taxpayers shouldn’t have to pay for this. Otherwise, we let this project go through then another one comes up and another one and we will be late in the game again.

Attorney Auffredou agreed with this and stated that it would be a regulatory change the board is facing.

Supervisor Gutheil stated that Attorney Auffredou should draft up the language, because we have felt this way for a long time. The next one you are going to be confronted with is Cerrone’s proposed development off Reservoir Road. He asked Attorney Auffredou to re-emphasize the board’s position to the Planning Board again.

Supervisor Gutheil suggested conditioning the approval upon Steve Barody’s report that the maintenance would be minimal.

Part II of the EAF was read by the Town Clerk and the Town Board answered the questions.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast authorizing the Supervisor to sign the EAF and check the box that reads that this project will not result in any adverse environmental impacts.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett declaring a negative declaration.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to accept the dedication of the roads in Palmerton Heights Subdivision as proffered by the developer and as shown on the maps prepared and reviewed including the storm water infrastructure and necessary easements subject to any further necessary review by counsel and subject to a reports from the Highway Superintendent that any maintenance in the storm water maintenance areas is, in his, opinion going to be minimal and authorize the Supervisor to sign and record any and all necessary documents.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Andre Delvaux was present from the Moreau Emergency Squad to discuss the squad’s intent to go to paid status.

Attorney Auffredou stated that Attorney Tarantino provided a letter with attachments on May 2^nd along with an addendum to the current agreement that the Town Board has with the Moreau Emergency Squad that addresses the fees and third party billings. Attorney Auffredou stated that if this is something the Town Board wants to do then this agreement can serve as the framework for that. The Town Board would have to set the fees for the services and Attorney Auffredou suggested that the agreement be sent to Mike Kupferman in the State Comptroller’s Office to see what his reaction is to this agreement. He stated that we are blazing new territory here. It was his understanding that Towns that are following the State Comptroller’s Opinion and don’t have a separate agreement with their emergency squad or third parties spend a lot of time on the bookkeeping and Queensbury is one of them. Under this agreement as proposed the Town would recognize that the proposed agreement that the Moreau Emergency Squad wants with Multi-Med for the billing and collection of fees the Town would have very little responsibility here, if any. The fees would be collected by the squad or Multi-Med and deposited into an account for the benefit of the Town and they would submit a billing to the Town by the 20^th of the month for the preceding month and then the Town would review the report and issue payment to the Moreau Emergency Squad out of that account. The State Comptroller’s does allow Town’s to contract with third parties who actually bill and collect those fees. His concerns are:

1) Setting the fees

2) Since they are fees of the Town, the Town is going to have to come up with a budget amount, but whatever the fees are is what we pay to the Moreau Emergency Squad.

Attorney Auffredou stated that this has been a tremendous effort, but a step in the right direction. He still has some questions.

Supervisor Gutheil asked if the fees deposited would be the Town’s funds and the answer was yes. He asked if an audit is done by the State Comptroller’s Office and there are uncollected funds would the Town be required to try and collect them.

Attorney Auffredou stated that under the agreement Multi-Med is accepting the responsibility of collecting the past due amounts. However, that is one question he has for Mike Kupferman of the State Comptroller’s Officer.Office. [amended 5/23/06 jf]

Andre Delvaux asked what time frame we were looking at.

Attorney Auffredou stated that the Town Board would be well advised to have Mike Kupferman from the State Comptroller’s Office review this. He didn’t want the Town Board to be criticized in some future audit or someone to bring an action against the Town if something goes awry with the ambulance corp. or Multi-Med. He wanted to make sure the agreement is in substantial compliance with their opinions. It wasn’t his intention for this to take six months. He could ask Mike Kupferman to respond within the next two weeks.

The Assessor asked for permission to attend assessor’s training at Cornell in Ithaca July 17^th – 21^st. Most of the costs are reimbursed by the State.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett authorizing the Assessor to attend training at Cornell in Ithaca July 17^th – 21^st.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Highway Superintendent requested permission to purchase two tires for the Rodgers low boy trailer from Warren Tire at a cost of $450.00.

Ron Gilligan advised that the tires on the low boy are bias tires that they don’t make anymore and they are not under state contract so they have to buy them where they can find them. The alternative is to change the rims and all.

A motion was made by Councilman Hewlett and seconded by Councilman Kusnierz authorizing the purchase of two tires for the Rodgers Low Boy Trailer from Warren Tire at a cost not to exceed $450.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The board concurred that if a department head cannot attend a meeting then they should call and give notice. The board could then have the opportunity to ask the department head any questions they may have on their purchase requests.

Councilman Kusnierz suggested that the Highway Committee meet with the Highway Superintendent or Deputy Superintendent at the Highway Garage once a month to discuss these types of issues.

Ron Gilligan stated that he and Mike Montgomery have offered and still do offer their time to meet with members of the Town Board so they are aware of what is going on. Communication is a great thing, he said.

The Highway Superintendent’s other request was for pavement reclamation of 4,000 feet of Fedor Road and Burt Road by Gorman Bros., Inc. at a cost of $74,676.00 under county contract.

A motion was made by Councilman Hewlett and seconded by Councilman Kusnierz authorizing Gorman Bros, Inc. to do pavement reclamation, 4,000 feet on Burt and Fedor Roads at a cost not to exceed $74,676.00 under county contract 06-PWPR-28RP.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Clerk submitted a memo to the Town Board outlining quotes received for the purchase of a folding/inserting machine. The quotes were as follows:

1) Hasler M1000 Folder Inserter $3,104.00

Annual Maintenance Fee $ 300.00

2) Metroland Business Machines, Inc. Neopost SI30 $3,147.38

Annual Maintenance Fee $ 445.00

3) Whitaker Brothers Formax FD6100 $3,897.00

Annual Maintenance Fee $ 629.00

Freight $ 85.00

The Town Clerk’s wanted to know if the Town Board wanted to go ahead with the purchase before she lined up a demonstration of the machine.

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast authorizing the purchase of a folder/inserter machine from Hasler at a cost not to exceed $3,104.00 assuming that the demonstration proves that the machine will fit our needs.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A memo was received from the Highway Superintendent regarding repair to the motor on the 950B landfill loader. The quote received from Milton CAT for labor was not to exceed $580.00.

Milton CAT plans to replace gaskets and seals, new liners in engine block, clean block, measure surface, counter bore and shim.

Supervisor Gutheil asked if t was worth putting money into this repair.

Ron Gilligan stated that the transmission was overhauled about ten years ago. Other than the rear end all the major components have been replaced.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett authorizing repair to the 950B landfill loader at a cost not to exceed $1,000.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor and the Town Board stated they hadn’t had time to review the bid specifications prepared by Tim Burley.

Supervisor Gutheil suggested that they send the bid specifications to Attorney Auffredou for review.

Supervisor Gutheil put the mining law/moratorium on the agenda so the board wouldn’t lose sight of it. He stated that the board can’t let this escape them.

Supervisor Gutheil stated that the Supreme Court has approved the sale of the Jehovah Witness Building on Route 197 to the Town of Moreau. This triggered dates in our contract. Approval is needed to transfer $5,000.00 from contingency into the Town Building Equip Account for an additional down payment. Inspections have been done on the building and a report prepared. We need to do a radon test. Supervisor Gutheil stated that the board needs to decide how they want to pay for the building. The options are; the landfill betterment fund, budget it for taxes, BAN or a loan from our landfill fund.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett authorzing a transfer of $5,000.00 from A1990.4 – General Fund – Contingent Account into A1620.2 – General Fund – Buildings – Equipment for an additional down payment on the purchase of the Jehovah Witness Building on Route 197.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reminded the board to look at the total cost including necessary changes and alterations to the building.

Supervisor Gutheil reported that the contractor’s trailer is due in any day. The dig numbers have been called in. The foundation for the water tank is in and the contractor is a week ahead of schedule.

Supervisor Gutheil stated that the board needs to consider services in Water District 4 that never got done along Route 9 and Fort Edward Road, because they were on the other side of the road. We have about $1,360,000.00 left in GE/Moreau Settlement money plus interest earned. There should be enough funds to do these hook ups and Supervisor Gutheil asked the board how they felt about this and the board agreed they should be done.

Mike Shaver, Water Superintendent, would like some changes made to the services going into Ace Hardware (Tru-Value) and the building on the south-west corner of Route 9 and William Street that used to be known as the Top-Notch building. The water line comes off the Gansevoort Road through the back yards of the two buildings and it isn’t the best set up. He would rather have the lines come directly off the main from Route 9. They are the lines that we took over from the Village.

Supervisor Gutheil reported that the compost has been delivered by the Highway Department to the quads in the Rec. Park and they did a good job.

The contractor was putting up fence so Supervisor Gutheil called Jim Miller and told him they weren’t supposed to be putting up the fence yet. He talked to Councilwoman Baker and apparently they put up too much fencing and the fencing contractor will have to take some of it down.

Supervisor Gutheil stated that they still have to find out from the Highway Department if they are going to put in the septic or not and if not then they will have to find somebody to do it.

Supervisor Gutheil asked the Water Committee to meet and come up with proposed rates to recommend to the full board. They also have to decide if there is going to be an ad valorem or put the cost into the rates. He preferred to see it built into the rates.

Councilman Kusnierz stated that the Highway Department would like to move their highway garage base antennae to the top of the new water tower.

Mike Shaver said it is possible, it would be a question for Tim Burley.

Supervisor Gutheil stated it probably comes down to frequency. It can’t interfere with the telemetry where the two tanks talk to each other regarding elevation.

Mike Shaver stated that the Fire Company has discussed locating their repeater on the water tower too.

Supervisor Gutheil stated that the county is making some progress and later this year we should see some major changes to all emergency services communications.

Councilman Prendergast reported that at the Recreation Commission Meeting the members indicated that they wanted to start on their 2007 budget earlier than normal.

At that meeting there was also additional information supplied regarding dog parks.

Councilman Prendergast also mentioned the letter that was sent by Supervisor Gutheil to Peter Beames of Community Insurance regarding the girl’s softball insurance and whether or not their coverage was adequate.

They discussed the quad project.

Councilman Prendergast asked Supervisor Gutheil about upcoming county meetings regarding inter-connecting trails.

Supervisor Gutheil stated that one of the meetings will be held May 18^th from 6:30 p.m. until 8:30 p.m. at the Moreau Community Center.

Councilman Kusnierz addressed the Pepsi Contract. He advised that he had called Fitzgerald Brothers and it is their position that they severed the contract and in their minds it is a done deal. It wasn’t a very fruitful conversation. He spoke with Attorney Auffredou again and it is his opinion that Fitzgerald Brothers does not have any grounds to terminate the contract.

Councilman Kusnierz stated that the options are to let them out of the contract, have them pay up then let them out of the contract or hold them to the contract.

Councilman Prendergast asked how much they owe and Councilman Kusnierz gave the following report:

2001 they paid $6,000.00

2002 they paid zero

2003 they paid $12,000.00

2004 they paid zero

2005 they paid zero

In total they owe $36,000.00.

Fitzgerald Brothers still sells products in the snack bar at the Rec. Park, they have a soda machine in Town hall and they advertise at the Rec. Park yet they aren’t paying the Town for their right to pour down at the park per their contract with the Town.

Councilman Hewlett asked if we litigate what would the cost be.

Councilman Kusnierz replied that the estimate is $6,000.00 to $8,000.00.

Supervisor Gutheil stated he preferred a negotiated settlement and Councilman Kusnierz stated there is no negotiating.

Councilman Prendergast stated that we should start off by having Attorney Auffredou write them a letter advising them that the contract is still in full force and effect and that members of the Town Board would like to meet with them.

Supervisor Gutheil stated that Steve Gram has requested to hire a couple of people. He thought this should be brought back to the board for interviews. He has received calls from people looking for work and he has told them that the Recreation Director has all the people he needs and now we have a couple of names in front of us.

Councilman Kusnierz asked the Supervisor if he wanted to have Steve Gram funnel all of his hiring requests through the personnel committee and the answer was yes.

Steve Gram stated he needed a life guard and a seasonal part-time laborer for evening hours that is mature and responsible.

Councilman Hewlett stated that he talked to Steve Gram about having one of the current employees at Rec. help with the mowing of cemeteries and have the new person serve as the evening laborer.

Supervisor Gutheil stated he would ask for an executive session on that. He wanted the board to hear the rest of the story.

Supervisor Gutheil reported on the dredging. The State standards for PCB thresholds are more stringent than the EPA in the record of decision so the river channel will not be dredged to the depth for navigational dredging. It is not a significant area, but it should be done together. You will see Saratoga County step up our concerns. There is a special meeting tomorrow of the law and finance committee and Supervisor Gutheil expected a resolution to be passed.

Supervisor Gutheil reported that the Transfer Station revenues are down $5,000.00 from 2005 revenues. We have to find out why. Councilwoman Baker is going to make some recommendations. We should be stable or increasing with the population expanding as it is.

Supervisor Gutheil stated that Woodscape Phase I Retention Ponds have standing water in them. We need to call the engineer who was involved in this and that is EDP. We need to notify the Planning Board also. Before we get to Phase II we need to find out what is going on.

Supervisor Gutheil reported that we will be receiving $10,000.00 more in CHIPS money this year.

Supervisor Gutheil reported on water consumption as follows:

2006 10,400,000 gallons used so far

2005 9,000,000 gallons were used to this point in the year

2004 9,600,000 gallons were used to this point in the year

Supervisor Gutheil reported that the average jobs at Nibco paid $18.50 per hour. They are down to 40 people and they used to employ about 300.

Supervisor Gutheil advised the board that they have to change the Town’s policy regarding benefits to surviving spouses. The board previously agreed that surviving spouses could receive benefits through the end of the month following the employee’s death. It appears that the Town cannot extend health insurance benefits to surviving spouses and dependents through the end of the month if the surviving spouse does not elect COBRA coverage and they have 60 days to decide that.

Supervisor Gutheil reported that he received a call from a representative of the Department of State urging the Town of Moreau to apply for the Brownsfield Grant Application. He supplied the Supervisor with a list of consultants. Supervisor Gutheil asked if the board wanted to interview some of the consultants and they agreed they did. Supervisor Gutheil suggested that Councilwoman Baker conduct the interviews during the day and report back to the board. If there any that the board wants to pursue then the full board could interview them again. The board thought this was a good idea.

A loan is needed from the landfill fund to pay for the compost, labor and fuel for the quads.

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast authorizing a loan of $25,000.00 from landfill fund to the recreation capital projects HP fund.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil asked about the signs that the State Police wanted posted down at the end of Nolan Road at the boat launch and Steve Gram stated that there are signs already there. Supervisor Gutheil suggested "No Loitering" signs for that area and the industrial park. Steve Gram will look into this.

Supervisor Gutheil asked what they were going to do about recouping the money from Falls Farm & Garden that the Town paid to have the tractor fixed and it wasn’t fixed. Steve Gram stated that the tractor is running fine now. It was fixed by another dealer. It was the safety switch under the seat and not what was diagnosed by Falls Farm & Garden. The board agreed that they would take Falls Farm & Garden to small claims court.

Supervisor Gutheil reported on a bankruptcy notice received regarding the SGF Co-Gen Plant on Hudson Street. They have 60,000 gallons of specially dyed fuel oil for sale at $1.00 per gallon.

The following proclamation was adopted upon motion by Councilman Kusnierz and seconded by Councilman Prendergast:

WHEREAS, Jake Savin of Boy Scout Troop 9 has met all the qualifications set forth by the Boy Scouts of America to receive the distinction of Eagle Scout, the highest advancement rank in scouting, and

WHEREAS, the Eagle Scout Ranking is a performance-based achievement in which a Boy Scout must fulfill requirements and demonstrate proficiency in leadership, service and outdoor skills, advance through the ranks and earn 21 merit badges, and

WHEREAS, Jake Savin was active in scouting in South Glens Falls, a patrol leader for one year and earned a total of 30 merit badges, and

WHEREAS, as part of his merit badge program and as a service to his community and progression to the rank of Eagle Scout, Jake raised $800.00 collecting and redeeming bottles and cans and used the money to build a brick and mortar sign for the Sanford Street School in Glens Falls, and

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Moreau extends their heartiest congratulations to Jake Savin for achieving his goal of Eagle Scout.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Gram told the board about a 20 foot wide sink hole on the landfill cap and another smaller one on the back side. It also appears that the beavers are back.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast to adjourn to executive session at 9:34 p.m. to discuss Niagara Mohawk, Erie Blvd., Reliant, National Grid, Brookfield Properties, Brascan pending tax certioraris and the employee performance/history of a particular unnamed person(s).

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

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 Kusnierz to adjourn the executive session and re-open the regular meeting at 10:15 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

No action was taken in the executive session.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast to offer the position of heavy laborer to Armando Fiore at $8.50 per hour to commence as soon as possible pending successful completion of a pre-employment physical and favorable reference checks.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was mad by Councilman Hewlett and seconded by Councilman Kusnierz to adjourn the meeting at 10:17 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk