A regular meeting of the Town Board of the Town of Moreau was held on September 12, 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

Niki Baker Councilwoman

Todd Kusnierz Councilman

None

Also Present: Jeanne Fleury, Town Clerk; Peggy Jenkins, Assessor (the Town Board did not have any business to conduct with the Assessor at this meeting so they dismissed her from the meeting); Steve Gram, Recreation Director (arrived at 7:18 p.m.); Ed Tracy, Town Justice; Joe Patricke, Building Inspector (arrived at 7:12 p.m.); Martin D. Auffredou, Attorney for the Town (arrived at 7:20 p.m.); Steve Barody, Highway Superintendent; Maurice O’Connell, Beth Pfaffenbach and Jean Wauterz representing Grants Cottage; Barbara Holcomb, Gladwin Jackson, Florence Jackson, Chris Jackson and Stephen Hunt regarding the Morrissey property on Sweet Road; and Marilyn Reisch from Behan Communications.

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

Mr. Maurice O’Connell, the new President of the Friends of Ulysses S. Grant Cottage, was present to ask the Town Board for financial assistance to help maintain activities at Grant’s Cottage on Mt. McGregor. Mr. O’Connell gave the Town Board Members a brief personal biography of himself. He also informed the board that a new visitor’s center was completed this year with a $60,000.00 matching grant from the State of New York. The Friends of Grants Cottage has received financial support from the Town of Wilton and Adirondack Trust. They are approaching each region for help. They have an annual budget of $30,000.00 with $7,000.00 being generated annually from admissions. The State of New York funds the maintenance of the buildings and utilities, but not the activities.

Mr. O’Connell asked the Town Board to consider during their budget process monetary assistance in the amount of $5,000.00.

Supervisor Gutheil asked Mr. O’Connell to send the Town Board a copy of their budget.

Mr. O’Connell said he would and he thanked the Town Board for their time and consideration.

The first item on the agenda was approval of minutes.

The following minutes were prepared and distributed to the Town Board in advance of this meeting for the Town Board Member’s review, comment, correction and approval:

August 22, August 29 and August 31, 2006

No comments or corrections were made to the August 22^nd minutes.

The minutes of the August 29^th bid opening were received and filed by the Town Board.

Correction: Page 348 – 2^nd paragraph – 2^nd line – change the word "though" to "thought"

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve the minutes of August 22^nd and August 31^st with the above correction so noted.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Month-End Town Board Meeting needed to be scheduled, but Supervisor Gutheil needed to get his calendar from his office in order to do this. He stated they would wait until the end of the meeting when he would get his calendar and then schedule the Month-End Meeting.

Barbara Holcomb, Gladwin Jackson, Florence Jackson, Chris Jackson and Stephen Hunt were present to discuss the trucks coming and going from the Ashley Morrissey property on Sweet Road. The concerns raised involved noise from the trucks bringing in fill, crossing of wetlands, and ponding of water on the roadway as the result of the land being raised up by the fill.

According to the residents in attendance the trucks have been hauling in fill for about three years now and the one property owner next door to the Morrissey property stated that it has been raised to over six feet above the level of his property to approximately a 45 degree slope.

Joe Patricke stated that what they said was true about the trucks bringing in fill. As far as the claim about wetlands, he referred this to DEC who has jurisdiction over wetlands.

Supervisor Gutheil asked Joe Patricke if storm water permits would be needed and Joe Patricke stated he would check tomorrow about this.

Councilman Kusnierz asked if there was over five acres of land there and the answer was yes. He stated that they could build a house on the property then.

Councilman Kusnierz stated that when he heard there was fill being taken out he contacted DEC to find out if a mining permit would be needed and received no definitive answer. The reply he got was that DEC would check the tax maps and send the owner a letter.

Joe Patricke stated that Stan Koenig has been down to the site.

Councilman Kusnierz stated that when he spoke with Stan Koenig, Stan Koenig didn’t recall being down there.

Joe Patricke stated that Stan Koenig told him that if there isn’t 1,000 yards of material removed daily then a mining permit is not needed through DEC.

One of the residents in attendance claimed that Mr. Morrissey put rocks in a stream so he could cross it with a bulldozer.

Supervisor Gutheil stated that he believed that if a certain portion of land is disturbed then they would need a storm water plan.

Joe Patricke stated this was correct.

Supervisor Gutheil stated that if the fill isn’t clean then we must have something under our Town Code.

Joe Patricke replied that they can’t bury anything that is organic. Clean fill can have bricks and block in it.

Supervisor Gutheil stated they can’t bury stumps.

One of the residents in attendance stated that there were stumps there, but they haven’t been buried yet.

Supervisor Gutheil asked Joe Patricke if he believed that they were running a business and Joe Patricke replied yes across the street, but there is no prohibition against bringing in dirt.

One resident in attendance stated that originally there was a spring fed pond on the property that would run off into a creek and Mr. Morrissey has filled that in totally.

Supervisor Gutheil explained to those present that the thought the Town Board understood their concerns and the Town Board would have the Code Enforcement Officer determine if there are any violations and if so cite them or obtain voluntary compliance.

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

Discussion:

Councilman Kusnierz referred to the subdivision fees in the amount of $400.00 for a 27 lot subdivision that were reported on the Building Inspector’s Monthly Report. He asked what the fee per lot was and Joe Patricke replied, $15.00 per lot for each phase, sketch plan, preliminary and final. When the Mylar is signed and filed the Town collects the subdivision recreation fees.

Councilman Kusnierz asked if the subdivision fees were designed to cover the cost of the Planning Board and Joe Patricke replied, no, they never were to his knowledge. They go towards the Planning Board, but don’t cover the costs.

Supervisor Gutheil noted on the monthly report from the Recreation Director that some of the summer programs have exceptionally low attendance and the Town Board will have to consider this over the winter months and decide if it is worth offering these programs in the spring or not.

Roll call vote to receive and file the monthly reports resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Ed Tracy, Town Justice, was present to discuss the future home of Town Court on Route 197. Kevin McGraw from OCA (Office of Court Administration) is willing to review architects plans of proposed renovations to the building when they are prepared and offer his recommendations.

Ed Tracy stated that he didn’t have any problem with the house next door being purchased to house the sheriff’s department, but having court offices in two different buildings wouldn’t work.

Supervisor Gutheil asked what OCA’s role is in this and Ed Tracy stated it was merely advisory.

It was the consensus of the board that they had to obtain names of architects and schedule interviews with them.

Ed Tracy asked if the board had considered the Town Justice’s request for a time clock to be purchased and installed in Town Court. He stated that Tim Alden was in favor of it.

Supervisor Gutheil asked Ed Tracy if he was saying that he wanted the court staff to go hourly rather than salary. Ed Tracy replied that he thought they used to be years ago and someplace along the way they were changed to salary.

Supervisor Gutheil stated that to his knowledge they were always salaried.

Ed Tracy stated he didn’t feel comfortable signing time sheets when he didn’t know if the employees were working the hours they said they were.

Supervisor Gutheil asked Ed Tracy how he would account for an employee who clocked out early to go to the bank and Ed Tracy stated it would be noted on the time card the reason for their early departure.

Supervisor Gutheil stated that we never used to have these issues at Town Court until recently and it seems to be there are two separate courts and that they can’t get along with each other. He wanted them to get to the root of the problem.

Councilman Kusnierz stated he didn’t have a problem with the time clock being purchased and there were no objections raised by the rest of the board members.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz to approve the following final water bill for a house closing at 47 Feeder Dam Road in Water District #2:

Customer Number: 20166

Bill Number: 75593

Usage Period: 3/3/06-9/1/06

Billing Date: 9/1/06

Darrin Ellis & Brian McFarren

47 Feeder Dam Road

South Glens Falls, NY 12803

Consumption: 700 gallons

Amount Billed: $32.00

Final bill property sold to Michael & Kelly Greenlaw

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 to adopt the following resolution:

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

    WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls, in the County of Warren and the Town of Moreau, in the County of Saratoga and the Town of Queensbury, in the County of Warren, and

    WHEREAS, the aforesaid legislation provides and the Board of Trustees of Crandall Public Library have authorized that the propositions relating to the Crandall Public Library District be placed on the ballot at the General Election to be held on November 7, 2006, and

    WHEREAS, the proposition to be determined is as follows:

the Town of Moreau adopt a resolution authorizing the placement of the proposition concerning the above issue on the ballot of the November 7, 2006 General Election for the voters’ approval and disapproval;

    RESOLVED, that the Town of Moreau approves and authorizes the following one (1) proposition pertaining to the Crandall Public Library District and request that the same be placed on the ballot in all the voting locations in the Town of Moreau on the General Election Day, Tuesday, November 7, 2006:

[1] BUDGET

BE IT HEREBY FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to transmit a certified copy of the text of the aforedescribed proposition to the Saratoga County Board of Elections or other appropriate officials, with the same to be submitted in the order and form set forth herein.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Clerk advised the board members that the library had requested use of the building on October 17^th at 7:00 p.m. to hold a public hearing on the library’s proposed 2007 budget. The board members didn’t have any objection to this request.

The owners of Pines Mobile Home Park, Cheryl and Howard Cross, wrote a letter to the Town Board requesting that individual water meters be installed on each mobile home in the park and that the Town read each meter and bill each mobile home owner individually. The Town Board indicated that they were not interested in doing this. If we did then we would have to do this in each mobile home park in the Town. There will be one master meter for each mobile home park.

The Highway Superintendent re-submitted a request to purchase a batter booster pack and now had three quotes as follows: [amended 9/16/06 jf]

Fastenal $305.80

Tri-County Motor Parts $329.00

NAPA $375.00

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the purchase of a battery boost pack from Fastenal at an amount not to exceed $305.80 out of DB5130.450.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilwoman Baker stated that at the Month-End Meeting the Town Board authorized purchase of two tires for the paver from Haggerty Tire and Haggerty is now unable to get the tires they quoted on. Warren Tire was the other quote presented by the Highway Superintendent and they are now the lowest quote.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the purchase of two tires for the paver from Warren Tire at a cost not to exceed $3,058.00 per their quote.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Barody asked the board what they wanted to do about the bids on the trucks. He wasn’t sure how long the bidders would hold their prices.

Supervisor Gutheil was of the opinion that we should reject all bids and revisit the specifications and go back out to bid. One of the bidders called and said the way the specifications were written only one manufacturer could bid it.

Steve Barody responded saying that the specifications had the wording in them "or equivalent".

Councilman Hewlett asked if Steve Barody had obtained information on state contract pricing. He had would like to compare state contract pricing with the bids. He asked Steve Barody to have Maureen get this information.

Steve Barody stated that the walk-in van was not on state contract.

Supervisor Gutheil stated that he would rather buy a good used walk-in van rather than spend $70,000.00 for a new utility van to haul tools in.

Steve Barody then advised that there was $160,000.00 budgeted for the trucks.

Since there was not enough money budgeted to buy both trucks Councilman Kusnierz asked what his priority was.

Steve Barody replied that he needed both.

Councilman Kusnierz stated that at $160,000.00 he wasn’t going to be able to buy both.

Steve Barody stated that last year they had talked about rolling over the money that was left in the 2005 budget for equipment into the 2006 budget and this apparently wasn’t done.

Councilman Prendergast asked Steve Barody if he could wait until 2007 for the van and Steve Barody stated he would have to.

Supervisor Gutheil said let’s wait and see what the state contract price is.

There was brief discussion on the Clark Road culverts. Steve Barody wanted to know if Tim Burley was given the go ahead to prepare the specifications.

Supervisor Gutheil asked if it had been decided on what type of culverts we were going to put in.

Steve Barody recalled talking about double culverts that way they could work on one culvert without shutting down the flow of water.

Councilman Kusnierz asked if we could get a proposal from Tim Burley by the next meeting and Supervisor Gutheil stated we should be able to.

Supervisor Gutheil noted that easements will be needed and Attorney Auffredou could be drawing up the easements while we wait for Tim Burley.

A letter was sent to the Town Clerk by certified mail return receipt requested from the Felicia Orton of Orton, Inc., LLC indicating her intent to apply for a liquor license through the NYS Liquor Authority allowing her to sell and serve alcoholic beverages at the bar and grill she intends to operate, to be known as "Dingleberries Pub", in the Olde Post Bar and Grill building located at 1498 Route 9 in the Town of Moreau. Ms. Orton also verbally requested waiver of the 30-day waiting period. Pursuant to Article 5, Section 64-2(a) of the liquor law an applicant must give the

municipality 30-days prior notice of their intent to apply for a liquor license and this waiting period may be waived by the municipality.

Before waiving the 30-day waiting period the Town Board stated they would like Ms. Orton to provide them with references that they could check out and also for her to appear before them at their next meeting on September 26^th. The board at that time will ask any questions they have of Ms. Orton.

RECREATION DONATION:

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to accept a $111.00 donation from Wray Longdaue of Fort Edward for use of a pavilion for a reunion.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilwoman Baker advised that she checked the references of Art from Artran and they were favorable.

Supervisor Gutheil stated that we should get the switch fixed at least.

Councilwoman Baker mentioned that ACC was offering confined space training on November 5^th and wondered if the board wanted to send Bruce Abare and Mike Shaver.

It was the consensus of the board that she should get more information and if the cost is reasonable send them to the class.

Councilman Prendergast asked if the board was going to rebid the compactor. It was the consensus of the board that they should go back out to bid.

Supervisor Gutheil suggested breaking out the concrete work from the specifications and put that portion out to bid as an alternate.

Councilwoman Baker stated she would work that out with Tim Burley.

Discussion followed about where to advertise this bid. It was agreed by the board that they would authorize spending up to $1,000.00 on ads. They suggested putting a display ad in three New York papers, possibly trade magazines and the Thomas Register. Names of dealers who sell compactors could possibly be obtained from the internet.

Joe Patricke advised the board that the Town’s laws need to be written. We need a law that will tell us what is or is not allowed regarding animals in residential areas. Joe Patricke informed the board that he recently took someone to court for having peacocks in a residential area. He cited them under the noise ordinance. There is no law to fall back on when complaints come in regarding pigs, goats, ducks, geese, etc., in a residential district.

Supervisor Gutheil asked him to get samples of laws from other areas. Attorney Auffredou stated a good place to go for sample laws was Association of Towns.

The Town went out to bid for water services under contract 3A and bids were received. The Town’s engineer estimated the project at $85,000.00 and the bids came in, in the range of $114,083.46 and $132,300.00.

Supervisor Gutheil suggested rejecting all the bids and going back out to bid with the service connections inside the buildings as an alternate.

A motion was made by Supervisor Gutheil to reject all bids. The motion was seconded by Councilman Hewlett.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The next bid opening will be held either on October 9^th or October 23^rd depending on which date works better for Tim Burley the engineer. Tim will be asked to advertise the bid opening in the Dodge Reports.

Supervisor Gutheil informed the board that he has received complaints from several residents in the Village of South Glens Falls about an abrasive material that has been settling on their vehicles and that they can’t wash off. The residents think it came from the cement company. One resident brought a sample of the material into the Town Supervisor in a sterile container. The Supervisor asked Joe Patricke to send the sample to DEC and ask them to call the cement company and discuss this with them.

Councilwoman Baker reported that she met with Supervisor Gutheil, Jim Miller, Matt and Walt and Steve Gram at the Rec. Park. They discussed mowing of the quad infields. Jim Miller put together a memorandum of understanding between the Town and Standard Northeast that in essence reads that the Town will mow and drag the infields, but until the fields are satisfactory to the Town, the Town won’t be taking them over. Attorney Auffredou reviewed the memorandum and edited it. Councilwoman Baker stated she would like to have Supervisor Gutheil sign the memorandum so we can move forward.

Councilwoman Baker also reported that girl’s softball is willing to assist in building the concession stand. Louis De Ridder approached Steve Gram with an offer to do the concrete work if we supply the material.

Councilman Kusnierz stated that he wants to make sure that anybody who volunteers to do work at the park that it is made clear to them that these fields and park are for the entire Town and not for a specialized group.

Joe Patricke stated that they had to be built according to the drawings and code.

A letter was received from NYS Parks & Recreation informing us that we are eligible for an $80,000.00 grant for lighting of the ball fields. We need to submit a proposal. We have to decide which fields to lights light and how we are going to do this. Are we going with three phase wiring or generators?[amended 9/26/06 jf]

Supervisor Gutheil copied the board on information regarding the transfer station budget. He stated that they will see from the information that the revenues keep shrinking and the tonnage keeps going up from last year’s numbers. It is extremely noticeable that something is wrong and we have to do something about it.

Councilwoman Baker stated that Nancy Ryan thinks it is due in part to what we charge for trucks and the sizes of the bags.

Supervisor Gutheil stated that nothing has changed with the fee schedule so he doesn’t accept that argument.

Councilwoman Baker stated that Nancy Ryan thinks that people are cutting up rugs, wall board, etc… and hiding them in the bags.

Councilman Prendergast asked what the board thought about closing another day during the week.

Supervisor Gutheil stated he would in favor of closing one day if we opened up one evening.

Ed Tracy stated that years ago the Sheriff’s Department would sit down at the Transfer Station and open bags looking for recyclables.

The Recreation Director had requested permission at a previous meeting to purchase a generator for the park.

Supervisor Gutheil stated that since then Fran in his office obtained a quote from Northern Equipment in the amount of $569.00. He mentioned that he had asked the Recreation Director to check state contract pricing and since we don’t have the information we aren’t ready to act on this request.

Discussion reverted back to the Transfer Station’s decreased revenues.

Supervisor Gutheil stated that a security system should be put in place and he will have Fran do a spreadsheet on the number of vehicles and the board members should spend part of a day down there viewing the operation themselves.

Councilman Kusnierz mentioned about spot checking the scales that our hauler has to weigh in on when they dispose of the garbage.

Under the topic of recreation, a motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the Supervisor to sign a memorandum of understanding between Standard Northeast and the Town of Moreau.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reminded the board members that they have to come up with rates for Water District 6 and decide if they are going with just water rates or rates and ad valorem.

A brief report was given on the Recreation Commission Meeting and what was discussed about a dog park.

Supervisor Gutheil reported that he received an order of an adjustment from NYS Taxation and Finance. He had previously found where the mortgage tax distribution porportionments were wrong. Saratoga County is going to receive $535,209.91 back from Warren County, Washington County is going to receive $25,315.37, Town of Moreau will receive $267,604.95, State of New York Mortgage Agency will get $133,802.48 and CDTA $133,802.48. Supervisor Gutheil stated he is going to go after interest on this money. We should have received these funds a year and half ago.

CHIPS funding received was $4,787.46.

The mortgage tax distribution for August 2006 was $34,319.00 vs. August 2005 when it was $46,511.00.

A gentleman was looking to dispose of wood chips and the board agreed to allow him to dump them at the Rec. Park for use in stabilizing the bank around the outfield.

Supervisor Gutheil reported on miscellaneous correspondence.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to adjourn to executive session at 9:18 p.m. to discuss CSEA contract negotiations, personnel involving a

particular unnamed person(s) employment performance and history, tax certioraris involving Niagara Mohawk, National Grid, Erie Blvd., Brascan, Brookfield Properties and condemnation.

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.

Ed Tracy, Town Justice, was invited into the executive session during the personnel portion of the executive session.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett to adjourn the executive session and re-open the regular meeting.

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 Kusnierz and seconded by Councilwoman Baker approving a contract with CSEA for the period of 1/1/06-12/31/2011 with all unit employees and retirees contributing to the cost of health insurance, dental, optical, pursuant to the schedule set forth in the agreement and as approved by the Attorney for the Town.

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 Kusnierz and seconded by Councilman Hewlett 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

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk