A regular meeting of the Town Board of the Town of Moreau was held on August 12, 2003 in the Town Office Building, 61 Hudson Street, South Glens Falls, New York.

Supervisor Gutheil called the meeting to order at 7:05 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; Stephen Gram, Recreation Director; Karla Buettner, Attorney and Assistant to Martin Auffredou, Attorney for the Town; and guests. Martin Auffredou arrived at 8:15 p.m.

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

July 22^nd, 24^th and 31^st

Corrections: Page 314 – 2^nd paragraph – 2^nd line – "concrete blocks" should read "concrete barrier blocks"

Page 314 – 6^th paragraph – "Traffic Counting Training Course" should read "Traffic Calming Training Course"

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve the minutes of July 22^nd as corrected.

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 approve the minutes of July 24^th as prepared.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Correction: Page 319 – Under those present the name "Mr. Uncer" should read "Mr. Uncher"

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast to approve the minutes of July 31^st as corrected.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Month-End Audit Meeting was scheduled for August 28^th at 3:30 p.m. to meet with Department Heads to review vouchers and 4:00 p.m. for the business portion of the meeting.

A workshop of the Town Board was scheduled for August 20^th at 6:00 p.m. to discuss the proposed Disposal of Waste Law.

Councilman Prendergast asked the Town Board if they would be receptive to changing their meeting nights during the months of Sept. – Dec. to allow him the opportunity to attend a course that is only given on Tuesday Nights. The Board wanted to check with Attorney Auffredou when he arrived to find out what nights he was available.

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

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil mentioned that previously the Town Board had requested that Department Heads file more detailed, expanded reports. He asked if the Board wanted the Building Inspector to file this type of report also. Currently the Building Inspector’s Report contains the permits issued and fee collected.

Following discussion it was the consensus of the Board that they didn’t have a problem requesting the Building Inspector to file more detailed reports containing information such as, complaints, investigations, number of inspections, etc.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to approve the following water billings:

Water District 1 Water District 1

Customer Number: 10094 Customer Number: 10035

Bill Number: 64925 Bill Number: 64928

Usage Period: 2/19/03-8/1/03 Usage Period: 2/19/03-8/11/03

Billing Date: 8/1/03 Billing Date: 8/11/03

Epic Ventures David Clarke

22 Hudson Falls Road 186 Ferry Blvd.

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

Consumption: 404,590 Consumption: 29,600

Amount Billed: $695.55 Amount Billed: $78.30

Reason: Final Bill Property Sold Reason: Final Bill Property Sold

Customer Number: 20772 Customer Number: 20491

Bill Number: 64923 Bill Number: 64926

Usage Period: 3/7/03-7/30/03 Usage Period: 3/3/03-8/7/03

Billing Date: 7/30/03 Billing Date: 8/7/03

James Bovee Jr./Colleen Conroy Mark Nelson

5 Daffodil Drive 12 Pinevalley Drive

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

Consumption: 20,200 Consumption: 36,860

Amount Billed: $64.64 Amount Billed: $117.95

Reason: Final Bill Property Sold Reason: Final Bill Property Sold

Water District 2 Water District 4

Customer Number: 20656 Customer Number: 40044

Bill Number: 64927 Bill Number: 64929

Usage Period: 3/9/03-8/7/03 Usage Period: 6/17/03-8/13/03

Billing Date: 8/7/03 Billing Date: 8/12/03

Richard A. Salerno Mark & Carlo Kelly

19 Connor Drive 267 Fort Edward Road

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

Consumption: 101,100 Consumption: 38,600

Amount Billed: $600.54 Amount Billed: $129.31

Reason: Final Bill Property Sold Reason: Final Bill Property Sold

A letter has been received from the Michael’s Group requesting the creation of a lighting district for the Woodscape Subdivision. We need an estimated cost to the district and as of today Joe Patricke the Building Inspector hadn’t received the estimates from Niagara Mohawk. It was the consensus of the Board to wait until the next meeting to proceed with this request.

A recycling grant that the Town applied for has been awarded in the amount of $19,000.00 for the purchase of a wood chipper.

Supervisor Gutheil reported that a demonstration had been given of a Brush Bandit Model 150 Wood Chipper. The cost of this wood chipper under state contract is as follows:

State Contract Price $15,150.00

Plus Options:

Auto Feed 786.00

Cat Engine 386.00

45 inch Shute 240.00

Surge Breaks 625.00

2 Sets Extra Blades 254.00

Grand Total $17,441.00

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett authorizing the purchase of a Brush Bandit Model 150 Wood Chipper from William Biers, Inc. located at the Port of Albany in the amount of $17,441.00 under state contract.

Discussion followed.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

As previously reported at a Town Board Meeting Supervisor Gutheil and Councilwoman Baker met with a representative of Stearns & Wheler to go over disputed invoices that they submitted for payment. At the last Town Board Meeting Supervisor Gutheil and Councilwoman Baker were authorized to present Stearns & Wheler with a certain amount that the Town would pay. As a result, there is still an outstanding amount of $3,116.00 that Stearns & Wheler want to collect on. Neither Supervisor Gutheil nor Councilwoman Baker is willing to recommend payment of this amount.

Supervisor Gutheil said he wasn’t happy with the elevation of the control building by the water tank. The general contractor on the control building never came back and completed their punch list. Supervisor Gutheil will be writing a letter informing them that if they don’t respond, in seven days, then they will be in default. Only $1,500.00 was withheld from that contract so it is easy for a contractor to tell the town to finish it up. The major thing was they billed an additional $10,000.00 after ten months of construction. The other issue was their breakdown in allocations between the elevated water storage tank and the control building. We didn’t think we had enough money left in the allocation for the elevated water storage tank and we still have to do this. [amended 8/26/03 "they" refers to Stearns & Wheler]

Supervisor Gutheil reported that we have paid out $3,945,202.83 through submittal 33 and of that $392,470.31 was for engineering through Stearns & Wheler.

Supervisor Gutheil stated that looking at all of this that is where we took the position that we are at. He told John Byron he would bring it to the Board. It is now up to the whole Board as to what they want to do.

Councilman Prendergast said that Supervisor Gutheil has been closely involved in this and he would follow his recommendation.

Councilman Hewlett stated that if we don’t pay the $3,116.00 then we could get sued for it and it could cost us $5,000.00 defending the suit.

Supervisor Gutheil stated that sometimes you have to take a stand to protect the people and sometimes it can be resolved before you get to the threshold of the courthouse. Remember the landfill? There was an issue over a $100,000.00 bill that he said he would hold a press conference on and go public if the Board paid it, because he didn’t think it should be paid and he didn’t think the first change order should have been paid. The second one was presented to us; the contractor served us with a lawsuit. We all know who they pointed the finger at and who was at fault. Finally, they wanted to split it three ways and he said he would have no part of it and we held our ground and over $100,000.00 went away that the Town wasn’t culpable for and should never have been sent to the Town.

Councilman Kusnierz thought the Town was sold a bill of goods that was never delivered.

Supervisor Gutheil said we are the ones who get the phone calls about driveways that have bird baths in them, survey stakes are missing, weeds. In some instances we should be back charging some of this. We are the ones paying someone $50.00 an hour to oversee the job and be our eyes and ears. We shouldn’t have these problems. He felt very comfortable settling with the number that was approved at the last meeting.

The Board Members agreed with this.

Supervisor Gutheil said this was something that wasn’t budgeted for. The carbon filters were put on houses as the result of the long-term litigation over the PCB dumpsite. The Town put filters on wells and when public water was supplied the filters were disconnected and taken to the old water treatment plant. They have to be disposed of. They are cylinders the size of an oxygen tank full of carbon. They have been tested for toxicity. C. T. Male got prices from several firms for the actual disposal and they propose to the Board $3,926.00 to oversee the disposal.

In the engineering account A1440 there is approx. $8,900.00 budgeted for the future water districts and consulting fees. Supervisor Gutheil suggested moving enough into general engineering A1440.411.1 to cover this. A transfer is not needed because it is all within the .4 accounts.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to accept the proposal from C. T. Male in the amount of $3,926.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

There are three gas bubbles at the landfill and a gas vent that needs repairing. A proposal has been received from C. T. Male. Supervisor Gutheil said he talked to Liz Rovers of C. T. Male today and there is a question of whether or not this could run over $20,000.00 and if it does we have to go out to bid for this repair. Stearns & Wheler did a lot of supplemental gas vents and Supervisor Gutheil asked Liz Rovers to look at the detail on those supplemental vents. That is what the supplemental vents were put in for. He also suggested that Liz Rovers look into prices to release the pressure and patch the liner and discuss it with Dave Mt. Pleasant of DEC. She is going to look into this and get some prices and report back to the Board.

Supervisor Gutheil suggested this topic be deferred to executive session at the end of the meeting under personnel. A resignation has been received from the Pat & Jack Sullivan and since Jack Sullivan has passed away and Pat no longer wants to do this. Three people have submitted applications for the position of Crossing Guard and Substitute.

Supervisor Gutheil reported that Reliant Energy appears to be continuing their litigations. He displayed a voluminous stack of papers that the Town was served with late Friday. This is the third FOIL litigation we have received from them. They have done nine FOIL Requests.

Supervisor Gutheil stated he was quoted in the papers as saying they are using us as a punching bag and at some point-in-time he will have a lot more to tell the public about this.

Supervisor Gutheil stated that as everyone knows we have a new State Comptroller and the Town received notice that they would be seeing some drastic changes. This year the Town budgeted around $19,000.00 in various funds for state retirement and the Town has received a bill from the state retirement in the amount of $49,817.00. Supervisor Gutheil said he has done some prudent management and we will be able to pay this bill, but the Department Heads are going to have to watch their budgets the rest of the year. This is something the Town will have to budget for in 2004. If you don’t run a tight ship this is the type of thing where it can get away with you.

Supervisor Gutheil stated there was an Order on Consent that the Board authorized him to sign, but by the time all the signatures were in place they ran by the dates that were in the original Order on Consent. We have received a new "Schedule A". In the "Schedule A" they expect the Town to respond with comments on final plans and the engineering report within seven days. He wanted to discuss this with Attorney Auffredou when he arrives.

As discussed at previous meetings Supervisor Gutheil stated we accepted a proposal that went awry for the installation of fence around the soccer field. They ended up drilling five or six holes in our irrigation system. The Board needs to decide what to do with this. There doesn’t appear to be any common ground to resolve this with Adirondack Fence.

Stephen Gram secured another quote from a different vendor. Supervisor Gutheil said that once the quotes are on the table it is easy for somebody to come in close to another person’s bid. He thought it should be re-bid. First, if we have an agreement with Adirondack Fence that has to be terminated before we do anything. We could go to the second bidder on the list or re-bid it. He would yield to counsel’s opinion on this.

Councilman Hewlett asked who the second bidder was?

Stephen Gram said it was Tri-County Fence. They originally quoted $15,600.00. Adirondack Fence wants to sell the fence purchased for this project to Tri-County Fence and that is why Tri-County Fence is quoting the price they are now.

Supervisor Gutheil said we have to be careful on this. It also involves the irrigation that is supposed to have a tracer tape in the pipe so the pipe could be located and nobody can find the tracer tape. It might go back to the contractor that put the irrigation system in, the engineer that over saw the project and maybe the bonding company.

Councilman Kusnierz asked if there was a signed contract?

Supervisor Gutheil thought the Board accepted the proposal, but there wasn’t any signed contract.

Councilman Kusnierz asked how much Adirondack Fence billed the Town to-date and he was told that the Town hasn’t been billed anything yet.

Councilman Kusnierz asked why they didn’t just put it out to bid?

Supervisor Gutheil said another ad should be run and we should go through the normal bid process.

Councilman Hewlett said we still need to work on enclosing the whole park.

Supervisor Gutheil said the quote on that was about $85,000.00. It would have to be discussed at budget time. He also wasn’t against fencing in the perimeter of the park instead of just the bowl.

Supervisor Gutheil said we didn’t need chain link we could use page wire fencing. The alternative would be to train someone to install the fence and install it our selves.

Supervisor Gutheil thought we should also bid by the lineal foot on five or six foot page wire. We will look at our options when the bids come in.

Supervisor Gutheil advised that the enclosures for the soda machines haven’t been done.

Stephen Gram said he called the installer again and he said it would be done by the end of the week, but he said that last week too. Pepsi called them also.

Supervisor Gutheil said this could put our contract with Pepsi in jeopardy. They made a proposal May 29^th and it isn’t done. He recommended a fax be sent to them and if it isn’t done by Friday Night any agreement or authorization is terminated. We would then get somebody else in there to get it done.

Stephen Gram said Tri-County gave him a bid to do this and it was $100.00 cheaper.

Supervisor Gutheil said again that it is easy for them to quote less when they see another quote.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast authorizing the Recreation Director to engage a fencing contractor for the same amount as previously approved, not to exceed $2,720.00, to enclose the soda machines, provided they supply the Town with a certificate of insurance naming the Town of Moreau as additional insured and the work is to be done one week from Friday at the latest.

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 Prendergast and seconded by Councilman Hewlett authorizing a purchase order for the Highway Superintendent to purchase two men working signs, two rib supports, two tri-pod stands at an amount not to exceed $234.32.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil commented that this purchase was under $300.00 so he really didn’t need approval.

Supervisor Gutheil said they had exhausted the first engagement with Betts & Holt and it is time to extend it. Betts & Holt is a Washington DC firm that has been engaged to work with the Town Board on the utility matter. He wanted to wait until Attorney Auffredou arrived to do this.

Supervisor Gutheil stated again that they would have to wait until Attorney Auffredou arrived to discuss this. Proposed Local Law No. 3 deals with the litigation with the Attorney General’s office over the truck routes.

Supervisor Gutheil advised that there has been a kick-off meeting with Wilbur Smith Associates. The traffic light at the intersection of Route 197 and Fort Edward Road. It is his understanding that the light will be flashing for another week or two.

The 5^th Annual Wetlands Report is on file for review by interested persons.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the Supervisor to sign the South Glens Falls – Town of Moreau Beach lease.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

None

Supervisor Gutheil reported receiving information on a local bankruptcy and the Town was requested to waive personal appearance at the Court in Albany. This requires a legal opinion from Attorney Auffredou.

Supervisor Gutheil gave the public an idea of what electricity costs. The bill was for the Rec. Park and it comes with a delivery charge and supply charge. The bill showed 7.57 cents per kw plus tariff charge for electricity and 6.07 cents for delivery minus some adjustments, plus a transmission adjustment and tariff charge. The point he was making was that NYS in the year 2000 was the 2nd highest utility charged state in the country, second to Hawaii. We are going to start getting a message out to the people that there are probably things we can do about this.

Supervisor Gutheil reported to the Board that there were problems with the compactor on Saturday and it is confined space. In a hurry they found a contractor to fix it and it is back in service. The cause of the problem has been detected.

Marlonna Hubinsky sent a note to the Supervisor expressing an interest in serving on the Recreation Commission and enclosed photographs of the dugouts at Rec. and conditions of them. The photos show the dugouts littered with garbage and papers. It is unknown when the photos were taken. They passed the photos along to the Recreation Director.

Supervisor Gutheil spoke with the Assessor again today about computers and asked her to call Data Processing at the county. Hopefully by next meeting we will be ready to make computer purchases for the Assessor and Building Inspector or else the money will be moved somewhere else. He asked if the Board agreed and there were no objections raised.

Loretta Salazar prepared a letter and questionnaire and presented it to the Town Board. She would like to send it to groups who use the rec. programs at the rec. park. Supervisor Gutheil read the letter and questionnaire. It explained the function of the Recreation Commission and when meetings are held. The questionnaire asked the name of the organization, date and description of the program, program accomplishments, what has been most helpful to the program, how can the park help improve the program and problems and concerns. Supervisor Gutheil suggested adding a question about number of participants. No objections were raised to this letter and questionnaire being sent out.

Notification was received from the LA Group regarding the Town of Corinth Land Use Law. The Town was noticed as a contiguous party.

The Saratoga County Chamber of Commerce is offering a Grant Writing Seminar on September 25t^h if anyone is interested in attending.

Supervisor Gutheil reported on litigation in the matter of Britton vs. Town of Moreau. The incident occurred in the Village of South Glens Falls and the Town of Moreau shouldn’t be involved. We asked our insurance company to assign counsel, which they have done. Counsel should write a letter filing a motion to get us out of the lawsuit. At this point, Supervisor Gutheil thought we should be asking for sanctions. It appears to be typical litigation where you name everybody. We have to pay our attorney to review it; we had to notify our insurance company. They will put up something to show a claim and a reserve. At some point the reserve will come off once it is dismissed or we are taken out of the suit. A letter should be written and we should ask the court for sanctions. Then maybe the attorneys will be more careful whom they serve for frivolous lawsuits. Too much of that goes on. It costs the taxpayers money. The Board didn’t raise any objections to this suggestion.

Supervisor Gutheil reported that there is a deadline in mid-September on applications for a Community Development Block Grant Technical Assistance Grant. This grant is mainly for central business areas and downtown main street areas. It is doubtful we have any areas in the Town that would qualify. There was also information available on MS-4 Grants that has to do with the new storm water regulations. This information has been referred to the Highway Superintendent for review and he was asked to report back to the Board on whether or not we should be applying.

Supervisor Gutheil saw an interesting article in the Hudson Valley Business Journal. The Development Corp. down there in central Hudson Valley is receiving $7.5 million as the result of Central Hudson Gas & Electric. It was reported profits from sale of power generating plants. Supervisor Gutheil has been in touch with the PSC and will do some investigation to see if there is something there for our community.

Supervisor Gutheil had a visit from one of the Board of Directors of the Independent Living Center and wanted to know why things weren’t moving over here and he was told the ball was in the court of the Independent Living Center. They had been written a letter asking for them to put up money for engineering and legal review, because it is essentially a zoning change for a planned unit development district. The next day a check came in from the contractor that is working with the Independent Living Center. Now we should be able to do some review.

Supervisor Gutheil drafted a memo to Department Heads reminding them that any overtime has to be approved in advance by the Supervisor’s Office or the Town Board unless there is an emergency and the request should be in writing. He asked the Board if they agreed with this and they did.

Councilwoman Baker asked if they were having a problem with that.

Supervisor Gutheil said he would discuss it with the Board in executive session.

Supervisor Gutheil said the Board approved the retroactive insurance buy-out, but they didn’t do a resolution. He asked someone to move this to make the retroactive payment as discussed at the last meeting to Randy Keech on the insurance buy-out effective 30 days from his date of employment.

Councilwoman Baker made a motion to this effect and it 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

Supervisor Gutheil asked Stephen Gram if the purchase order for S. V. Moffett in the amount of $338.17 for repairs to the sprinkler system had been approved and Stephen Gram said it hadn’t been.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to approve the purchase order made out to S. V. Moffett in the amount of $338.17 for repair to the sprinkler system at Rec.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

(Attorney Auffredou arrived at 8:15 p.m.)

Now that Attorney Auffredou had arrived discussion reverted back to proposed Local Law No. 2 of 2003, moratorium on mining.

Supervisor Gutheil recapped some of the comments made by Attorney O’ Connor during the Public Heairng. He asked how this moratorium would affect existing mining operations, such as, Glens Falls Cement Company, Cranesville, etc.

Attorney Auffredou said they couldn’t get a permit to expand. A renewal would not be impacted by this moratorium.

Attorney O’ Connor stated the new law doesn’t provide for a renewal permit. Under the new law whether it is an existing operation or brand new operation it is a new permit.

Attorney Auffredou stated it is intended to apply to new mines that are not in existence at the time of the moratorium or expansion of current mines.

Attorney Auffredou said we could look at it. We are waiting for the County’s comments. The Board also referred it to the Planning Board for their review. He didn’t think it was a big issue.

Joe Patricke is going to talk to the Planning Board on Monday night about this as an agenda item. In his view it has to be sent to the Planning Board, it is called for under the Zoning Ordinance,

because it talks about special use permits for mines being issued by the Zoning Board of Appeals. The moratorium impacts the Zoning Board’s authority to look at those for new uses. Ironically, when you make a proposed modification to the Zoning Law it is the Planning Board that gets the referral, by code. However, he thought it would be nice if the Town Board had the Zoning Board look at it also, as well as, the Planning Board. He thought Joe Patricke had sent copies to both boards.

Attorney Auffredou advised that he had a conversation with Larry Benton from the County Planning Board and he told him that the County Planning Board favors moratoriums to give local municipalities the chance to review their local legislation and he expected the County Planning Board's support on the moratorium.

Attorney O’ Connor asked about the three pending permits that are being held for renewal, Glens Falls Lehigh and Finch, Pruyn are two of them he said. He suggested that the Town would have the same control if the language said the local law would apply to applications for new special permits for new mining operations or special permits to expand existing mining permits.

The other concern Attorney O’ Connor had was over the termination statement that reads

"The moratorium shall be terminated earlier than the initial one hundred eighty (180) day period upon enactment of any local legislation that constitutes a new local law governing the issuance of licenses and/or special permits for mining operations in the Town of Moreau". He didn’t know what the goal was here. This clause should be looked at from the viewpoint of where the Board is headed. It was his opinion that this clause reads that unless a new mining law is enacted then the moratorium is good for the 180 days.

Supervisor Gutheil said it was his intent to look at areas that would be impacted and look at the areas where the natural resources are. Natural resources in any community should be utilized with the least amount of impact on our fellow constituents.

Councilman Kusnierz stated we have to balance the interest and concerns of the residents that are most impacted. That could be brought out through the moratorium process. The Board will have an opportunity to assess all of their options.

Supervisor Gutheil said it is interesting that at least one of the mine operators challenged us on their assessment and we end up with a hole in the ground when the mine is exhausted.

Attorney O’ Connor asked if the present application before the Town Board from Pallette Stone was going to have to await the outcome of this study?

Attorney Auffredou said that was not the intent of the moratorium and the moratorium doesn’t apply to that application. That application is pending and is ripe for a decision by the Town Board. The Town Board needs to make a decision on that permit application. He thought the purpose of the moratorium was to look into the future and focus on new mines and expansion of existing mining applications. As he understood it, although some may argue, the Pallette mine application is not for an expansion of that facility. It is for a permit to continue operations. If they came in for an expansion to that facility and this moratorium was adopted it would apply to that expansion.

Attorney O’ Connor asked the Town Board to make their determination on the Pallette Mining Permit Application this evening so they could save part of this season. He said they were talking

about a limited operation to the extent of the existing life of mine footprint and if they could get on with it they could shorten the life of it and everybody could go about their business. He thought both sides were heard extensively.

Supervisor Gutheil asked what the Board’s pleasure was and if they wanted it on the agenda for the next meeting? He asked if the next meeting’s agenda would work?

Attorney O’ Connor said that would be another 10 days they wouldn’t be operating. He didn’t know what more they would know ten days from now. If they needed an executive session to obtain advice from counsel on potential litigation he didn’t have a problem with that.

Attorney Auffredou stated that in fairness to Pallette they are entitled to a decision and the Board should make a decision in the near future. Some of the neighbors have counsel and he is on vacation. Their counsel asked that he have the opportunity to be heard before the Board made a decision.

Attorney Auffredou recommended that the Board take a little more time, consider the comments heard this evening and give Attorney Caffrey an opportunity to appear before the Board and make a decision at the next meeting.

Supervisor Gutheil asked the Board if they wanted to hold a special meeting on this? A special meeting was scheduled for August 20^th at 7:00 p.m. regarding renewals of mining permits.

Discussion on the Order on Consent "Schedule A" that was mentioned early in the meeting was commenced again. Supervisor Gutheil pointed out to Attorney Auffredou the section in the Order on Consent that referred to a seven-day response time by the Town on the engineering report and final plans. Attorney Auffredou was sure that seven days was enough time. He said that he and Joe fought pretty hard to get the Town the chance to view these plans. He had no doubt that Joe could turn this around in seven days. The question is, do you want the engineer for the Town to review them? In the end he recommended that the Board go along with it.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the Supervisor to sign the revised "Schedule A" of the new Order on Consent.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated we need to extend the agreement with Betts & Holt and he was looking for the wording from Attorney Auffredou.

Discussion followed on how to word the resolution and the amount not to exceed that should be stated.

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to extend the engagement with Betts & Holt based upon the hourly rate set forth in the first engagement letter agreement at an amount not to exceed $15,000.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated the public hearing on the truck route is still open. New information has come forth that through another process there was a truck study started that was never completed. That study supposedly indicated that State and County routes are adequate without designating a route.

Attorney Auffredou advised that he wasn’t aware of this other traffic study that was half done by Larry Levine a consultant for SEDC. Apparently in this report that never made it into the final record or the findings doesn’t talk about a preferred route, but rather talks about whether or not the Town, County, State highway infrastructure is sufficient to service the Moreau Industrial Park. It doesn’t say one route is preferred over another. Jack Kelly of SEDC takes the position that back in 1997 during the SEQR process when they talked about Route 197 and Fort Edward Road being the preferred route, that outcome was certainly an outcome, but might not have been if this report by Larry Levine had been finalized made a part of the SEQR. We will take a look at this information and see how it may impact any decisions we make.

Supervisor Guthiel asked Attorney Auffredou to look at the request for waiver of personal appearance at a bankruptcy proceeding. Attorney Auffredou reviewed this information and stated it didn’t require any action.

The Assessor requested permission to attend a training session held by the NYS Assessor’s Association in Lake Placid. The cost will be partially reimbursed by the State of New York.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the Assessor to attend a NYS Assessor’s Association Training Session in Lake Placid, September 7-10, 2003 and for all proper and necessary expenses to be a proper town charge.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil mentioned an article that appeared in the Saratoga Business Journal. The article read (referencing Tom Uncher from Reliant Energy), "Uncher said his company is currently taxed at 240% of what is considered reasonable in other communities. Indeed the company has

been able to settle successfully with 22 other communities to obtain a realistic tax assessment. He said the only offer "Gutheil". Supervisor Gutheil said he wanted it known that he doesn’t make offers. It would be the whole Town Board if there were any offers. Mr. Uncher was also quoted as saying "has made is to provide a 10% annual reduction in taxes". Supervisor Gutheil said this was unacceptable. Supervisor Gutheil said he never offered this. He plans to call the reporter that wrote it and demand a retraction. There has never been any discussion by this Board whatsoever to offer Reliant Energy a 10% reduction, has there? The Board replied no.

The article also read "the taxpayers will be burdened with an additional annual tax bill of over $3,100.00 for twenty five years if the Town takes over the plant". Further down in the article it read "given all the facts we know adding an additional $3,000.00 to property taxes is a huge undertaking for any community", Uncher pointed out.

Supervisor Gutheil said this is the start of what you can expect out of Reliant Energy. If and when we go to referendum be prepared for the attacks and misleading information. This all goes back to the push-pull when they had a NYC Firm perform over a three-day weekend, earlier this year. This is how energy companies deal with these things. They are very predictable and this is the type thing we expected. This is more of their unfair tactics.

Supervisor Gutheil asked for a motion to go into executive session to discuss personnel, Ni Mo, Reliant, National Grid, Erie Blvd. and litigation (he asked Attorney Auffredou if he has to say litigation. We keep getting criticized in the court papers for holding secret meetings and improperly going into executive session. Attorney Auffredou said he could mention litigation, condemnation.) Supervisor Gutheil added litigation, condemnation, State of New York vs. Town of Moreau, A. T. & T., and Fleet Bank.

Before going into executive session Councilman Prendergast asked about changing the meetings for the month of Sept.-Dec.

The Board reviewed their calendars and asked Attorney Auffredou when he would be available.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to change the regular meetings of the Town Board during the months of Sept. through Dec. from the 2^nd and 4^th Tuesdays to the 2^nd and 4^th Thursdays at 7:00 p.m. until further notice, except during the months of November and December when Thanksgiving and Christmas occurs on the 4^th Thursdays of the month. These meetings will be scheduled at a later date.

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 Hewlett and seconded by Councilman Kusnierz to adjourn the meeting to executive session at 9:03 p.m. to discuss the above-mentioned subjects.

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.

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

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to offer Jack Helwig a job as crossing guard, if he can start when school begins, and Donna Butler a job as substitute crossing guard.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

No further action was taken as the result of the executive session.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to adjourn the meeting for the evening at 11:20 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk