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; Mike Shaver, Water Superintendent; Mike O’Connor, Attorney for Pallette Stone; John Caffry, Attorney for some of the residents of Old Saratoga Road; Joe Patricke, Building Inspector & Code Enforcement Officer (late arrival); Stephen Gram, Recreation Director (late arrival); Mike Shaver, Water Superintendent; Steve Barody, Highway Superintendent (late arrival); and guests.

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

July 22nd Public Hearing, August 12th Public Hearing, August 12 Regular Meeting

Correction: Page 301 - 3rd paragraph from bottom - "pressure reducing valve" should be changed to "check valve"

Correction: Page 330 - 1st paragraph - 9th line - last word on line "nay" should be changed to "any"

Clarification: Page 336 - 2nd paragraph under heading "Stearns & Wheler Invoices" - 5th line reads "The major thing was they billed an additional $10,000.00 after ten months of construction" the word they refers to Stearns & Wheler

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to approve the minutes of July 22nd and both sets for August 12th as corrected.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

[Joe Patricke arrived at 7:10 p.m.]

A Public Hearing on the proposed lighting district for the Woodscape Subdivision was scheduled for September 11, 2003 at 6:50 p.m.

Supervisor Gutheil asked Joe Patricke if he had any report on the installation of the light at the intersection of Centerbar Heights and Gansevoort Road and Joe Patricke replied no.

Joe Patricke advised that Niagara Mohawk would like the same type of resolution for the Woodscape Subdivision that was adopted for the installation of a light at the intersection of Centerbar Heights & Gansevoort Road.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett requesting a proposal for the installation of fifteen embedded poles, globes, luminaries and necessary wiring in the Woodscape Subdivision off Reservoir Road in 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

[Steve Barody arrived at 7:11 p.m.]

Attorney O’Connor stated he was a little concerned and wanted to proceed without prejudice. His client, Pallette Stone, had an alternative proposal for the Board. Attorney O’Connor asked that their original request for a mining permit not get lost. He then stated that due to the concern over the property being used as a mine they would like the opportunity to look at it and see if they can utilize the property as a residential subdivision as opposed to a mine. They would like to proceed under the Town’s PUD Regulations. They would also like some idea where the Town Board would stand on this type of proposal before they invest in engineering to take them through the full approval process. Under the Town’s PUD Regulations when the Town Board receives an application they would refer it to the Planning Board and ultimately it would come back to the Town Board for a zoning determination. It would then go back through a full subdivision approval with the Planning Board. The zoning determination is what he would like to get some consensus on from the Town Board.

Attorney O’Connor stated that the property is 71 acres. The Town’s PUD Regulations read that there can be two residential units per net acre of a particular project. His client, preliminarily, is proposing 35 single-family homes with a minimum lot size of 30,000 sq. ft. Some of the lots would be 175’ x 175’ and many of the lots would be larger than that. The preliminary layout would bring the subdivision up the mountain and off the road about 1800 feet. If they proceed with this proposal then they would not pursue the mining permit. If the Town Board does not feel comfortable with this proposal then he asked the Town Board to go forward with the mining permit application. He displayed a preliminary map showing the layout of the subdivision.

Supervisor Gutheil stated that obviously they could do a five-acre mine and still do a subdivision after the fact. It is a question of density and layout.

Jan Kropp of Old Saratoga Road spoke and said she wasn’t opposed to the subdivision, but would like to see the homes upscale a little and with fewer lots.

Attorney O’Connor stated there is 70 acres to this site and on average the lots will be 2 acres.

Tina Kays stated that she thought there would be a lot of people who live in that area that would be unhappy if the minimum lot size in that area is reduced to one acre.

Attorney Caffry stated the existing zoning in that area requires a minimum of 3 acres. He was of the opinion that Pallette Stone could earn a reasonable return on 23 lots and there really isn’t any reason to go up to 35 lots. The PUD is a discretionary act.

Julie Frances stated that everybody else in the area had to build on 3 acres and yet a commercial entity can come in and put in a treeless development with a bunch of cubed, low end, houses right in the middle of a beautiful natural setting. She asked how they could do this?

Supervisor Gutheil stated that he thought they were getting a message that could force the Town Board into voting on a mining application. The applicant came through with a mining application and then an alternative. He is hearing that there isn’t a lot of interest in this from the public.

Tina Kays said there are a lot of people on Old Saratoga Road who have had their land for numerous years. They enjoy their land and the wildlife. They love to walk their land. They don’t want it changed. They don’t see any reason for variances or lot changes. It is zoned as natural, scenic beauty. If you put in all these homes it takes it away and the value of it.

Attorney O’Connor stated this is not a variance request. The Town Board has the discretion under its ordinance to grant a PUD for residential for any parcel in excess of ten acres. The PUD Regulations allow 2 units per net acre and they aren’t anywhere near approaching that in this proposal. At this point, from the message he is getting, he would like the Town Board to move forward with their mining permit. He won’t abandon the idea of a subdivision, but it sounds like it will be a long drawn out affair as we have been, unless there is some reason to come to the table. He thought they were entitled to a decision on the mining permit application.

Attorney Caffrey stated he would like to see if they could do a 20 or 23 lot subdivision.

Attorney O’Connor said he authority was to present this plan. They have looked at a lot of different sizes and they felt this was a reasonable project and he didn’t think they could go below the 35 lots. During the Planning Board process they may have to reduce it by a couple of lots, but they don’t know this at this time.

Councilman Kusnierz asked if they would want municipal water?

Attorney O’Connor stated that the lots were sized so they don’t need it. However, he thought most developers prefer municipal water.

Councilman Kusnierz asked Attorney O’Connor what he expected from the Board tonight?

Attorney O’Connor said he would like to know individually if the Board Members had a problem with 35 lots and 30,000 square foot lots.

Councilman Prendergast stated that if he lived in that area he would rather have the subdivision over the mine.

Jan Kropp gave comments about the type of housing that she would like to see in there and an attractive entrance.

Supervisor Gutheil reminded everyone that they have the ability to put in a subdivision no matter what. He thought it was commendable for them to offer a housing development as an alternative. He thought this proposal had a lot of merit. If there were a lot of green space left he would be troubled to say no. As far as the cost of the housing, if the builder wants to build $80,000.00 houses the Town can’t discriminate on that basis and they can’t govern the number of lots based on value.

Tina Kays stated the 35-lot subdivision is going to result in ATV’s, motorcycles, and kids running across the neighbor’s property.

Councilman Prendergast stated they went through all of this with the mining and now we are going to go through the same issues on a potential subdivision. He doesn’t want to go another two months on this. The Board has heard traffic concerns, people concerns, density concerns, if there is anything new he would entertain it. He cautioned the Board before this all starts again. If there are new issues he didn’t have a problem discussing them.

Supervisor Gutheil said he would support 22 to 35 lots. He didn’t think the proposal was unreasonable. The sooner they get started the more apt we are to see better quality homes while the interest rates are down. The market will dictate the value of the housing.

Attorney O’Connor asked the Board to act on the mining permit and he would go back to his client and ask him about the number of lots.

Councilman Hewlett stated he agreed with the proposal, it was better than the mine. He was willing to have them move forward on it.

Councilman Prendergast stated he preferred the subdivision to the mine.

Councilwoman Baker agreed.

Councilman Kusnierz stated that at the last meeting he said he would not support the applicant for a mining permit because he had serious reservations about the quality of life down there and public safety concerns due to high truck volume coming out of the operating mine. He thought this was a viable alternative and the Board should seriously consider it. Pallette should be commended for coming up with an alternative. He thought they were moving in the right direction.

Attorney O’Connor hoped for approval within 6-9 months. He explained the process his client would have to follow.

Supervisor Gutheil asked Attorney O’Connor if his client would hold off on the mining permit application and if he would talk to his client.

Attorney O’Connor asked for something to take to his client. Such as, the Board feels that a PUD is appropriate for the property and the Board is not offended by a density of 35 lots with a minimum lot size of 30,000 square feet, subject to his client being able to demonstrate that the land will support a subdivision of this size.

Attorney Auffredou stated the Board wouldn’t be making any determination tonight or finding.

Councilman Prendergast stated that he agreed with Councilman Kusnierz. The Board was in a position where they were going to take action at this meeting. He was pleasantly surprised by this proposal. Without hesitation he stated this was a better choice.

Attorney O’Connor stated that he expected the people to have reasonable suggestions or input, but he didn’t want to get into 33 lots is better than 35. He didn’t want to get nickel and dimed through the process.

Attorney Auffredou stated it is in the Planning Board’s nature to ask those types of questions. The Planning Board will look at the layout and figure out if it will work. Ultimately, it will be the Town Board’s decision on how this turns out.

Councilman Hewlett Aye

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast to approve the following Water District 1 Billing, final bills for Water District 2 & 4 and Borden Chemical Billing:

Customer Number: 20600 Customer Number: 20672

Bill Number: 64932 Bill Number: 65034

Usage Period: 3/4/03-8/18/03 Usage Period: 4/1/03-8/25/03

Billing Date: 8/18/03 Billing Date: 8/25/03

Scott & Tara Kolinsky Matthew Nephew

18 Columbine Avenue 39 Hilton Drive

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

Consumption: 59,800 gallons Consumption: 18,900 gallons

Amount Billed: $191.36 Amount Billed: $ 60.48

Final Bill Property Sold to Secor Final Bill Property Sold to Chapman

Water District 4

Customer Number: 40484

Billing Number: 64930

Usage Period: 6/19/03-8/14/03

Billing Date: 8/14/03

Fred Zelo

3 Deer Run

South Glens Falls, NY 12803

Consumption: 29,000 gallons

Amount Billed: $97.15

Final Bill Property Sold to Taplin

Customer Number: 30001 Usage Period: 2/19/03-8/22/03

Bill Number: 65033 Billing Date: 8/29/03

Usage Period: 7/28/03-8/25/03 Amount Billed: $9,170.94

Billing Date: 8/27/03

Borden Chemical

P.O. Box 1310

Columbus, OH 43216

Location: Farnan Road, Industrial Park

Sewer Usage: 397,000 gallons

Sewer Amount Billed: Waived

Water Usage: 2,098,000 gallons

Water Amount Billed: $4,363.84

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported receiving a letter from the Saratoga County Planning Board indicating that they had received correspondence from the Town on July 31st and reviewed the

correspondence at their meeting held on August 21st and their decision is to approve it.

Supervisor Gutheil stated we are probably ready to take action on the moratorium, which will be Local Law No. 3.

Attorney Auffredou asked Joe Patricke if he had a response from the Town Planning Board? Joe Patricke advised that verbally the Zoning Board and Planning Board supported it.

Attorney Auffredou advised that SEQR is not required on the moratorium, it is exempt.

Attorney Auffredou advised that he has clarified Section 113(A)(2) as to what it applies to.

Attorney Auffredou reiterated that this moratorium does not apply to Attorney O'Connor's clients.

Supervisor Gutheil asked the Board Members if this was their understanding and the reply was yes. He asked if anybody disagreed and there was no response.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett adopting the following resolution:

WHEREAS, the Town Board of the Town of Moreau ("Board") is considering the adoption of Local Law No. 3 of 2003 which establishes a moratorium for a period of 180 days on the issuance of permits and special permits as provided by Chapters 113 and 149 of the Town of Moreau Code for new mines, quarries, gravel pits and sand, gravel and mineral extraction operations and the expansion of existing permitted mines, quarries, gravel pits and sand, gravel and mineral extraction operations within the boundaries of the Town of Moreau, and

WHEREAS, pursuant to Section 20 of the Municipal Home Rule Law, a public hearing on the proposed adoption of Local Law No. 3 of 2003 was duly advertised, noticed and thereafter conducted on August 12, 2003 and August 26, 2003 at the Town Hall, and

WHEREAS, the Board has considered the public comments made at the public hearing, and

WHEREAS, after thorough review and deliberation, the Board proposes to adopt Local Law No. 3 of 2003, and

WHEREAS, the Town has determined that the current provisions of Chapters 113 and 149 for regulating and zoning of mining operations are insufficient and in need of updating, and the moratorium will provide the Town needed time to examine the impacts that mining operations present to neighboring properties and uses, and to determine if zoning amendments should be made, and

WHEREAS, the Board has determined that the adoption of Local Law No. 3 of 2003 is in the best interest of the Town of Moreau, and is necessary to protect the health, safety and welfare of the Town of Moreau and the residents thereof, and

WHEREAS, the attorney for the Town has prepared the documents necessary for filing a local law with the Secretary of State including the text of the law itself;

NOW, THEREFORE, BE IT RESOLVED, that the Board hereby adopts Local Law No. 3 of 2003 annexed hereto; and

BE IT FURTHER RESOLVED, that Local Law No. 3 of 2003 shall become effective immediately and as provided by law; and

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Town Supervisor, Town Clerk and Attorney for the Town to make such minor modifications to the local law documents as they deem necessary and thereafter are directed to execute and file said documents as required by law and to take all the necessary actions for the promulgation thereof.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

[Stephen Gram arrived at 8:10 p.m.]

Attorney O'Connor and Attorney Caffry asked to be notified of any workshops on the mining law.

Supervisor Gutheil reported receiving information from the Assessor on computer purchase proposals, but he didn't see a synopsis comparing the proposals and he wasn't sure which one she was recommending. This was tabled until the Assessor was back from vacation so the Board could discuss these proposals with her.

Supervisor Gutheil stated that G. Robert Baker was almost ready to begin construction on the installation of water lines.

G. Robert Baker was present and stated that he was still soliciting bids for the project. The NYS Dept. of Health was almost ready to give him approval. He asked for the Town Board to designate someone to do the inspections.

Supervisor Gutheil received a call from Dave Michaels asking for approval to begin the earthwork. Supervisor Gutheil stated the Board didn't have the authority to give him approval to start. This was a function of the Planning Board. Once approvals are received from NYS Department of Health the maps will go to the Planning Board Chairman and another person and they will sign the maps, after which they could begin the earth-work.

Supervisor Gutheil stated there was two projects involved here. One was the installation of water lines on the south side of Reservoir Road and the other was the Woodscape Subdivision itself.

Discussion followed on whom to hire for the inspection, Burley and Guminiak or EDP.

A motion was made by Councilman Hewlett and seconded by Councilman Kusnierz to engage the services of Burley & Guminiak for the construction observation on Extension 1 of Water District 5.

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 Prendergast to engage the services of EDP for the construction observation inside the Woodscape Subdivision per their rates that are on file.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Board previously passed a resolution approving the supply of water to the Nicholson property in Water District 3. It was all subject to Attorney Auffredou's review and approval and since then Attorney Auffredou has written a memo to the Town Board recommending the resolution be redone with findings.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker authorizing the Supervisor to sign an agreement with Jeffrey Nicholson for the supply of water to his property in Water District 3 with the following findings:

1) The Town Board has examined the water capacity for Water District 3 including the proposed volume and usage at the Nicholson Property and they have determined that adequate supply exists and that furnishing of the water through Water District 3 to the Nicholson property will not impact the water volume that is available in the industrial park.

2) Each application in Water District 3 will be reviewed separately on its merits and that the approval of this agreement does not establish a precedent of the Town.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

[Councilman Prendergast briefly left the meeting during this roll call.]

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett establishing the Residential Water Rate in Water District 3 the same as Water District 4, $3.35 per 1,000 gallons of water consumed, with a minimum charge of $33.50, and billed three times a year.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Abstain

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil received a contract from the County Animal Shelter for operation of the shelter. This contract is received and approved every year by the Town Board. The Town of Moreau's share this year will be $953.32 for the year.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz authorizing the Supervisor to sign the contract with the Saratoga County Animal Shelter.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported two companies are interested in providing telephone service to the Town Office Buildings. One is Cornerstone Telephone Company and the other is Tech II. The proposals are close to each other. There is an anticipated saving of $2,000 by making the change. Verizon is being looked at also under state contract.

Supervisor Gutheil was checking the references of Cornerstone. Town of Malta is one of their customers and they gave a favorable review.

Supervisor Gutheil hoped to have a recommendation for the Board by the month-end meeting.

Supervisor Gutheil stated the Public Hearing was still open on the proposed Local Law. Due to recent correspondence Supervisor Gutheil referred this to Executive Session at the end of the meeting, because it involved additional threatened litigation.

Supervisor Gutheil advised that Marlonna Hubinsky has expressed an interest in serving on the commission. Most of the Town Board has interviewed her. There is one vacancy that would expire 5/31/04. He recommended Ms. Hubinsky be appointed to fill this vacancy.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker appointing Marlonna Hubinsky to serve on the Recreation Commission to fill the unexpired term of Howard Weller, said term to expire on 5/31/04.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported that the person hired to serve as substitute crossing guard has taken other employment. Therefore, substitutes are still needed.

Councilwoman Baker suggested readvertising the position.

Attorney Auffredou reported that progress was being made on this. He hoped to have more information by the next meeting.

None

SUPERVISOR'S ITEMS:

Supervisor Gutheil received a fax from Liz Rovers of C.T. Male advising that the carbon filters will be picked up this Thursday around 9:00 a.m. Supervisor Gutheil asked Mike Shaver to accommodate the contractor on this.

Emergency repairs were made to the compactor resulting in the need for three purchase orders to be approved.

All three purchase orders were made out to DLV, Inc., P.O. Box 294, Hudson Falls, New York.

The first purchase order was 10135 in the amount of $750.73

The second purchase order was 10134 in the amount of $363.26

The third purchase order was 10136 in the amount of $314.17

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett approving the three purchase orders listed above.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil advised that a resolution to transfer funds made at the July 31st meeting was incorrect. The amount transferred was $2,500.00 out of dry hydrants and only $1,044.65 needed to be transferred.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz approving the following corrected transfer:

Transfer $1,044.65 from B3410.480 into B3620.410 (Safety Inspection-Attorney Fees) and B8010.410 (Zoning-Attorney Fees)

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil advised that the Board approved a voucher submitted by Hilander Construction at the last month-end meeting, but funding wasn't provided to pay this voucher. The total voucher was $22,050.00 and $19,000.00 + was approved. He thought it would be proper to borrow the money from the landfill fund and loan it to Water District 5 and pay $19,000.00 to Hilander. They would submit to the Attorney General for reimbursement from the Abelene-Orkin Settlement money.

Supervisor Gutheil stated a resolution would be needed to increase appropriations by $22,050.00 in Water 5 and increase the revenues in Water 5 by $22,050.00

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to borrow up to $22,050.00 from the landfill fund to the General Fund for payment of vouchers to Hilander Construction that will be reimbursed by Abelene.

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 to increase appropriations by $22,050.00 in A8340.409, Water 5 - Route 9, Phase I, Abelene.

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 to increase revenues for General Fund by $22,050.00 A2690 General Fund - Other Compensation for Loss.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil noted that the purchase of a chipper was authorized but money wasn't budgeted for this purchase.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to increase appropriations by $18,000.00 TS8160.2F (Transfer Station-Equipment) due to purchase of a chipper through a Recycling Grant.

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 to increase revenues by $18,000.00 TS3089F (Transfer Station - Recycling Grant for Purchase of Wood Chipper).

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil received a late fax from Liz Rovers of C.T. Male regarding the cost to do the landfill repairs. She contacted a construction company for budget costs to replace four bad gas-venting structures, one bubble per location, based on the gas vents being 2" and 6" in diameter. The verbal quote she received was in the amount of $3,000.00 per gas vent and there would be a minimal difference in cost between the 2" and 6". They expect it to take two to three days. She received other quotes in the range of $5,700.00.

Supervisor Gutheil stated it appears the repairs will be below the state bid limit under public works. He suggested the Board let Liz Rovers go ahead and secure quotes. The Board could then decide if they wanted to let the gas out and repair it or let the gas out, put a supplementary vent in and seal it.

Supervisor Gutheil asked Joe Patricke what has been done about the anonymous complaint received about eight vehicles on a property located at 24 Bluebird Road of which it is alleged that six are unregistered.

Joe Patricke reported that some of the vehicles are gone already and the owner will be in compliance by September 2nd.

Supervisor Gutheil reported on a report from Office of Real Property Services. There is a new law and an alternative apportionment method for big properties that constitute 5% of the assessed value. He asked the Assessor to report on this to the Board.

Sales Tax for this month is $161,917.00

The Mortgage Tax is up again (includes the Village) $46,987.00 vs. 2002 when it was $29,459.00.

Stephen Gram, Recreation Director, asked for approval to have Northwinds Graphics print the numbers and lettering on the soccer uniforms at a cost of $215.00.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing Northwinds Graphics to do the printing on the soccer shirts at a cost of $215.00.

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 Hewlett to adjourn to Executive Session at 8:55 p.m. to discuss Personnel, Erie, Niagara Mohawk, National Grid, Reliant, Condemnation Litigation, Britton vs. Town of Moreau, Fleet Bank and Glimcher, Tax Certioraris and New York State vs. Town of Moreau and Borden Chemical.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

[Councilman Hewlett left the meeting briefly during this roll call.]

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 Meeting at 9:40 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

No action was taken as the result of the Executive Session.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adjourn the Regular Meeting for the evening at 9:40 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