A regular meeting of the Town Board of the Town of Moreau was held on April 22, 2003 in the Town 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

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

Rich Hewlett Councilman

Also Present: Jeanne Fleury, Town Clerk; Stephen Gram, Recreation Director; Peggy Jenkins, Assessor; Joe Patricke, Building Inspector; Steve Barody, Highway Superintendent; and guests.

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

Supervisor Gutheil reported that he had attended a Cub Scout Award Ceremony and they will be raking and cleaning up the Rice Cemetery.

The following Town Board Minutes were prepared and distributed to the Town Board in advance of the meeting for their review, comment, correction and approval: March 25^th, March 27^th, April 4^th, April 8^th (3 Sets) and April 14^th.

A motion was made by Councilwoman Baker and seconded by Supervisor Gutheil to approve the minutes of March 25^th as prepared.

Roll call vote resulted as follows:

Councilman Hewlett   Absent

Councilman Prendergast    Abstain

Councilwoman Baker  Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to approve the minutes of March 27^th as prepared.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The minutes of April 4, 2003 were received and filed by the Town Board.

Supervisor Gutheil stated for the record that the meeting of April 8^th was opened in a public session, as all of our meetings do, despite what the affidavit said from Erie Blvd. Counsel. It was opened as a public session and not early and then a motion was made to go into Executive Session.

Supervisor Gutheil then informed Carla Corpus, Legal Counsel representing Erie Blvd., that the May 13^th Town Board Meeting was moved to May 12^th. Carla Corpus stated there is a sign on the front door.

Correction: Page 153 - Paragraph re: Niagara Mohawk, Reliant, Erie Blvd., National Grid – Supervisor Gutheil stated he had mentioned that he asked counsel, on two separate occasions and hadn’t heard back. He asked for this to be part of the record, it could become important at some point in time.

Page 150 – Paragraph re: Water Sample Testing – CAN Environmental should be CNA Environmental.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz to approve all three sets of minutes for April 8^th as corrected and with comments and corrections so noted.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Abstain

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to approve the minutes of April 14^th as prepared.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A Public Hearing was scheduled for May 12^th at 6:50 p.m. regarding Bluebird Road Restricted Truck Traffic.

A Public Hearing was scheduled for May 12^th at 6:45 p.m. regarding a Lighting District for Sherwood Forest

A workshop of the Town Board was scheduled for May 1^st at 6:00 p.m. re: Prohibited Waste.

The month-end meeting of the Town Board was previously scheduled for April 30^th at 3:30 p.m. to discuss vouchers with department heads with the business portion of the meeting to commence at 4:00 p.m.

Supervisor Gutheil noted that the estimated annual charges for the proposed lighting district was $2,956.47.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast approving a final water bill in Water District 4 for a house closing at 48 Bluebird Road as follows:

Water District 4

Usage Period: 2/3/03-4/16/03

Billing Date: 4/16/03

Customer Number: 40020

Bill Number: 64413

Sue King

48 Bluebird Road

Fort Edward, NY 12828

(Town of Moreau)

Consumption: 16,100 gallons of water

Amount Billed: $53.94

Previous Balance Due: $128.98

Total Due and Billed: $182.92

Final Bill Property Sold to Gary & Elizabeth Haseltine

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Clerk requested permission to purchase 20 cases of mosquito dunks. Three quotes were obtained as follows:

Summit $67.85 per case

Buglogical $95.00 per case

March Biological $95.00 per case

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the purchase of 20 cases of mosquito dunks from Summit at a cost of $67.85 per case.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Barody advised that last year the Highway Department received calls and scheduled the pickups between April 15^th and May 17^th and brush was picked up between the period of April 15^th and May 23^rd.

Supervisor Gutheil stated he wanted a brush pickup, but every year he objects to the rental fee for a truck and chipper so they will have to talk about something that is agreeable relative to this.

Steve Barody said they could bring the brush into the Transfer Station and put it through the tub grinder.

The Board liked this idea and Supervisor Gutheil stated that would save about $2,500.00 that could be put towards pickup rather than rental.

Steve Barody stated that if he has three trucks out picking up brush there would be a charge for three trucks rather than one truck and a chipper.

Supervisor Gutheil suggested they stay with the same truck and loader and just don’t chip it. Between the chipper and truck there would be a savings of about $4,000.00 that could be used towards extending the program or keeping the cost down.

Councilman Kusnierz asked if they had ever discussed putting it out to bid and Supervisor Gutheil stated it has been discussed, but for now we have to get the program going.

Discussion followed on who should take the phone calls and schedule the pickups. Steve Barody said it would be easier having one person handle the calls. The bill from last year’s pickup was reviewed and it was noted that $411.00 was billed by the Highway Department for the Highway Clerk to answer calls.

Supervisor Gutheil said if he had some information he could do a press release. Steve Barody said the program could run from April 28^th through May 30^th and his office could take calls between 9:30 a.m. and 12:00 p.m.

Supervisor Gutheil received a call today asking him to table the Empire Zone Boundaries Amendments until the next meeting. This will come to a Public Hearing and County Vote next month. Each Town will have to pass their own resolution. We are looking for more information from Moreau Park, Inc., which is now owned by National Grid, before we support this.

Three proposals were received, opened by the Town Clerk and read aloud at this meeting as follows:

Crystal Rock/Vermont Pure

5 Gallon Bottles $4.25 Vermont Pure Spring Water

5 Gallon Bottles $4.00 Crystal Rock Premium Purified Water

No deposits on bottles

4 week delivery schedule

Saratoga Spring Water

5 Gallon Bottles $5.00 per bottle

Refundable deposit on each bottle of $6.00

Delivery on Tuesdays, once every four weeks; dates to be determined

Water analysis included

Fitzgerald Bros. Vending

5 Gallon Bottles $4.25

Deposit (rollover) per bottle is $6.00

Water analysis included

Deliveries scheduled as needed: weekly and biweekly

Cold cup holders provided at no charge

100 ct. 5 oz. cups $1.50 per sleeve

Storage racks will be provided at no charge

Supervisor Gutheil stated that Vermont Pure is our supplier now and didn’t think we have had any problem with them. The Town Clerk advised that the Transfer Station has complained about the water or bottle turning green.

The Board will review the proposals and decide at the month-end meeting.

The Water Superintendent obtained quotes to test 40 water samples for lead & copper, twice a year, and these quotes were discussed at a previous meeting.

The quotes were obtained from Hudson Environmental located in the Epic Ventures Building @ $28.00 per sample, Earth Tech from Glens Falls @ $25.00 per sample, Bender Labs from Albany @ $19.00 per sample and CNA from Saratoga at $19.00 per sample.

The lowest was Bender Labs and CNA, but they are not local and the Water Superintendent would have to spend time driving back and forth. Hudson Environmental is local. Supervisor Gutheil noted that in the April 8^th Minutes CNA showed as CAN, the minutes should be corrected.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing water samples to be taken to Hudson Environmental at $28.00 per sample.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Barody stated he finally received information by fax from Sterling and Freightliner at 4:30 this afternoon and didn’t have time to prepare a spreadsheet. He will have it ready by month-end meeting.

Supervisor Gutheil stated that the discussion on laborers for the Rec. Park should be discussed in Executive Session under Personnel.

Councilwoman Baker reported receiving a phone call from a resident on Woodland Drive who is having trouble with the shoulders of the road sinking, making it difficult to get in and out of their driveway.

Steve Barody advised he had fixed one driveway already.

Supervisor Gutheil stated he received a call about the road falling apart. He went up to look at the road and saw a crack about 1- 1 ½ inch wide in the cul-de-sac.

Steve Barody thought this was due to settling where the trench was and he was watching it.

Councilwoman Baker stated that four people from that area told her the drainage system was working well.

Councilwoman Baker stated she has been receiving calls about restoration in Water District 4. Supervisor Guthiel stated we should give the contractor two weeks to clean it up and if they don’t then we hire a contractor and seek recourse through their proceeds, bonding company or other means. The Board Members agreed with this suggestion.

Councilwoman Baker reported that the Kick-Off Dinner for the Moreau Community Center will be held sometime in September.

Councilwoman Baker asked if the Board wanted her to resurrect the quotes for painting outside of the building. Supervisor Gutheil asked her to contact the correctional facility to find out if the prisoners were available to paint it and if not then we get the quotes together.

Supervisor Gutheil reported being served with another lawsuit by Erie Blvd. Hydropower. He will refer it to legal counsel. This is the second lawsuit filed by Erie Blvd. Hydropower relating to open meetings and FOIL’s. This lawsuit claims that proper notice of meetings wasn’t given and that the Town Board was taking action secretly in meetings and not reporting it, among other things. Supervisor Gutheil stated this wasn’t anything that we didn’t anticipate. He has shared with the Board what this industry is capable of when they are faced with threats of condemnation. Their actions are right to form of what we anticipated and we can even anticipate what the next challenges may be and won’t be far off the mark.

Supervisor Gutheil received a note from Attorney, Lou Lewis. We have a date in front of the Third Judicial Department of the Appellate Court, with oral arguments, on May 27^th, beginning at 1:00 p.m. They have twelve cases scheduled for that date and the Town is fourth on the list.

Supervisor Gutheil received a request from someone to be put on the Medicare Reimbursement. The Board had talked previously about making a policy to cover this. Discussion is needed on whether it is going to cover retired employees only, spouses of retirees, base it on longevity or abandon it altogether.

The Town Board previously authorized the Supervisor to transfer funds up to $500.00 per month in between the contractual accounts of each fund. Fran Thibodeau suggests the Town Board give approval to the Supervisor to transfer up to $500.00 per anywhere within the account code and not just within the contractual portion.

A motion was made by Councilman Kusneirz authorizing the Supervisor to transfer up to $500.00 per month within each individual account code, as needed.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Barody requested permission to purchase 30 stop signs at $22.50 each from Adirondack Highway Material. He obtained three quotes. Discussion followed on quality and longevity. Steve Barody advised that a higher grade was available, but at about ½ more the price of these.

It was suggested that he purchase a few of the better grade signs and see how they last compared to these.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the purchase of 30 stop signs from Adirondack Highway Materials at a price of $22.50 each.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Fran Thibodeau is inquiring about direct deposit of payroll checks with Glens Falls National at the request of an employee. Supervisor Gutheil thought we might have to have a representative of the bank over to discuss their program and see if it fits with our policies and needs.

Supervisor Gutheil stated that a transfer was needed in the amount of $48,000.00 from A9730.6 (General Fund-Debt Service Principal Loan Payment) to A9901.9 (General Fund-Debt Service-Interfund Transfer). In the budget money was budgeted for the Industrial Park under debt service for principal and interest. It should be set up as an inter-fund transfer.

Supervisor Gutheil stated that Fran Thibodeau was also asking for a transfer in the amount of $2,000.00 from TS1990.4 (Transfer Station Contingent) and $2,100.00 from TS8160.409 (Transfer Station-Contracts & Leases) into TS9060.8 (Transfer Station-Medical Insurance).

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the above transfers.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Discussion followed on mowing the landfill. Supervisor Gutheil stated that they had talked previously about buying a bigger cut mower and money was encumbered from the Recreation Budget for the purchase of a mower to be shared with the Landfill.

Councilman Prendergast thought we should buy what we need for the Rec. Park and if it fits the needs of the Landfill then fine. He asked what was needed at the Rec. Park.

Stephen Gram stated that the mower with the 11’ cut for around $29,000.00 was what was needed for the Rec. Park. The bowl could then be cut in ½ the time and the time saved could be put to better use around the park.

Supervisor Gutheil suggested that Stephen Gram get the state contract price and all the information together for the month-end meeting. Stephen Gram advised that the quote obtained previously was the state contract price.

Supervisor Gutheil recommended a demo be set up and the Board notified so they could watch.

The SEDC Banquet is coming up on May 13^th and the Board discussed how many tickets should be purchased and who should attend.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the purchase of tickets @ $50.00 each for the Town Board Members and up to two Department Heads.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported that the Mortgage Tax Distribution has increased drastically from last year. Last year the amount received was $15,215.00 and this year it is $45,743.00. The increase is probably attributed to increased sales, refinancing and new construction.

A Korean War Veteran Commemorative Celebration will be held on June 21^st from 7:00 to 11:00 in the Saratoga City Center and they ask that the Town of Moreau promote this celebration.

A State Purchasing & Trade Show will be held in Albany, May 20-21, and Supervisor Gutheil said he could support Department Heads attending this show who make major purchases. He informed the Highway Superintendent that there would be a forum on road salt, buying, storing and conserving. The time and transportation to the show by Department Heads should be considered a proper town charge. He recommended carpooling. There is no registration fee.

There will be a satellite conference on Public Health, Security and Bio-Terroism Preparedness & Response Act. The registration fee is $10.00 per person.

The County of Saratoga has a Land Preservation Committee and this year they budgeted money to assist communities in buying land for open space. The funds are limited and it will be very competitive. Supervisor Gutheil asked to Board Members to think about this and if there are any areas they would like to apply for funding for.

A conference will be held on May 10^th in Kinderhook for local historians.

An Annual Financial Management School will be held in Saratoga the middle of May and there is a registration fee of $150.00. Supervisor Gutheil informed the Board that he wouldn’t be able to attend this school.

Supervisor Gutheil stated the Board needs to talk about adopting Rules & Regulations and Water Rates for Water District 5. He thought they would be the same as Water District 4. This could be discussed at the month-end meeting.

The Sales Tax Distribution for April 15, 2003 was in the amount of $240,375.00 compared to $220,276.00 from last year.

The Assessor, Peggy Jenkins, received correspondence from Henry J. Ward, Jr. (Running Wolf) in which he claims to be tax exempt. The Assessor has copied the Board and will respond to his claim.

The Department of Labor visited the Transfer Station and found some issues that need to be addressed such as, impermeable gloves, proper use of fire extinguishers, eye wash station, and safety glasses. They also tested the noise level of the compactor and found it was not a problem. Supervisor sent a memo to the Transfer Station Employees and directed them to buy impermeable gloves right away and to let him know when everything is brought into compliance down there.

Supervisor Gutheil sent a second notice to employees about turning in their salary study.

Carla Corpus, Legal Counsel for Erie Blvd., asked to make a statement in response to a comment made by the Supervisor on April 14^th, in which he said that he had twice requested to meet with Orion regarding the Town’s proposed, "you called friendly condemnation". At that meeting she responded that if he felt he wasn’t getting a response he should put it in writing. She also went back and talked to Reliant, specifically Dave Youlen, who is in charge of the hydroelectric facilities in the eastern region. He authorized her to advise the Board that they are willing to meet with the Board, our representative, consultants, attorneys, or whomever and to advise them of what our proposal is. Their only request is that you meet in their Liverpool Office. Dave Youlen and Jeff Auser would be at the meeting and a representative from her office.

Councilman Kusnierz asked if they would be interested in meeting halfway in neutral territory? Carla Corpus stated she could ask them, but they are not willing to come to the Town Offices.

Supervisor Gutheil asked if they are willing to discuss it with us?

Carla Corpus advised that they are willing to listen to whatever the Town has to say, at this point they aren’t sure what the Town has to present.

Supervisor Gutheil said he didn’t think the Board would have a problem with a couple of the Board Members meeting with them. However, if there is a quorum of the Board then it is a meeting and there may be a problem calling it that far out of the Town. Carla Corpus asked if the Town Board would be amenable to sending one or two Board Members out to the meeting, without making it a quorum?

Supervisor Gutheil didn’t know how candid all the parties would be.

Carla Corpus stated that her client is at a disadvantage, because they aren’t sure what it is the Town is presenting.

Supervisor Gutheil said quite honestly, there would have to be an agenda. He didn’t think any of the Board Members would want to make the trip to say hello. What they would be proposing is to sit down and discuss a purchase price.

Carla Corpus told Supervisor Gutheil that she presumed he had done some background work and had some presentation to make in that regard?

Supervisor Gutheil said up until now they were told it is not for sale, so obviously we wouldn’t be throwing numbers out. If there were some indication from Dave that they would sell then we would be more than anxious to start some discussion. He asked the Board if they were agreeable to that and the audible response was yes.

Carla Corpus stated that the actual response was that they would be willing to listen to what the Town has to say in that regard, because it was noted that the Town hadn’t received a response back.

Supervisor Gutheil stated he wanted to be very clear that if they won’t sell it is pointless for us to go out for them to listen to what we have to say. If you are going to have counsel there then we will certainly want counsel there and we don’t want to bear the cost or time to go through some motions that look good in front of the court. He said he would give Dave a call and see if there are some terms he is willing to meet on. Before it goes anywhere we need to know if they will sell to us. If there appears there will be some negotiations then we would expect to meet in a mutual location. He didn’t mind meeting here with the full Board, but didn’t want to move the meeting that far away and deprive the local people from being a part of it.

Councilman Prendergast thought we needed to get the first question answered and determine the seriousness of the meeting and then discuss the details.

Carla Corpus thought the question was what is the Town looking to buy, they aren’t sure. Otherwise, it is hard to say yes or no.

Supervisor Gutheil told Carla Corpus that the Town is looking at all of our options and because of the litigation we will be very careful what we say, as he is sure her people will also.

Carla Corpus said it was hard to give any response when she doesn’t know what the parameters are that the Town is asking about.

Supervisor Gutheil told Carla Corpus that he thought it was safe to say that we would have some interest in talking to them about any one or all of the hydro facilities in the Town and he named Feeder Dam, Spier Falls, Sherman Island.

Carla Corpus asked if that was the proposal or what your options are?

Supervisor Gutheil said no, what he was saying was, they would be happy to discuss it with them.

Councilman Kusnierz told Carla Corpus that without a referendum they couldn’t offer any proposal.

Councilman Prendergast suggested that the Supervisor to get back to Carla Corpus regarding the specifics.

Carla Corpus said it would be okay to call Dave Houlan  Youlen. [amended 5/12/03 jf]

Supervisor Gutheil said the Board was interested in seeing what was available.

Councilman Kusnierz told Carla Corpus she could characterize it as the Board wants an informal discussion.

Supervisor Gutheil stated that whoever they met with should have corporate authority to act on behalf of the company. Carla Corpus said that would be Dave Houlan.

Supervisor Gutheil asked if any member of the public present had anything they wanted to discuss. There was no reply.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to adjourn to Executive Session at 8:25 p.m. to discuss personnel, Niagara Mohawk, Erie Blvd. Hydropower, Reliant and National Grid.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Stephen Gram was invited into the Executive Session to discuss personnel.

The Town Clerk did not sit in on the Executive Session.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adjourn the Executive Session and re-open the Regular Session at 9:38 p.m.

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 Kusnierz to re-hire Bob Archambault and Brian Havens, as Laborers, at $7.25 per hour  $7.75 per hour on a seasonal, as needed basis, and as part of our policy for seasonal employees that if an employee has not been laid off and has worked within the last 12 months then a pre-employment physical is not required, as long as the employee has successfully completed a pre-employment physical within the last 12 months with a break in employment. [amended 5/12/03 jf]

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 Prendergast and seconded by Councilman Kusnierz to adjourn the Regular Meeting at 9:40 p.m. for the evening.

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