A regular meeting of the Town Board of the Town of Moreau was held on July 11, 2006 in the Town of Moreau Office Building, 61 Hudson Street, South Glens Falls, New York.

Supervisor Gutheil called the meeting to order at 7:00 p.m.

The Town Clerk called the roll, which resulted in the following Town Board Members being present or absent:

Harry G. Gutheil, Jr. Supervisor

Rich Hewlett Councilman

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

Also Present: Jeanne Fleury, Town Clerk; David Inman, Reporter from the Post Star; Dennis Tarantino, Attorney representing the Moreau Emergency Squad; Andre Delvaux, Chief Operating Officer for the Moreau Emergency Squad; Michael Seney, Paramedic/First Responder and Deputy Chief Operations Officer with the Moreau Emergency Squad; Jerry Bouchard, Town Resident; Peggy Jenkins, Assessor; Mike Shaver, Water Superintendent; Steve Gram, Recreation Director; Martin D. Auffredou, Attorney for the Town (arrived at 7:05 p.m.); Joe Patricke, Building Inspector (arrived at 7:15 p.m.)

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

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

June 27, 2006 and June 29, 2006 (2 Sets)

Fran Thibodeau, Payroll/Account Clerk, noticed in the minutes of June 13^th (that were previously approved) that on page 259 the hourly rate for Adam Schnackenberg was incorrect. The hourly rate should be $12.50 per hour not the $10.00 per hour as shown in the minutes.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to amend the minutes of June 13^th so the above correction is noted in the minutes.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Corrections: Page 265 – 2^nd paragraph – last line – add the word "annual" before the word "budget" and add the words "for the paid services only" after "$302,904.00"

Page 266 – 1^st resolution – change the word "rims" to "a rim"

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

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Correction/Comment: Comment – Page 272 - Supervisor Gutheil clarified that re: the transfer of excess mortgage money he didn’t want the public to think we were approving this twice, because at the next meeting we approved the exact amount. He also noted that in regards to the resolution re: a loan from the landfill fund in the amount of $1,033,910.00 this loan was not needed. The money from EFC should be wired by Friday.

Correction: Page 274 – under the Town Outside Claims add voucher #1117

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to approve the minutes of June 29^th with the above correction and comment so noted.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

The minutes of the Water Committee Meeting were received and filed.

There were no comments or corrections.

The Month-End Meeting of the Town Board for July was scheduled for July 31^st at 3:30 p.m. with department heads and 4:00 p.m. for the business portion of the meeting.

A workshop on the Comprehensive Master Plan was scheduled by the Town Board to be held July 18^th at 6:30 p.m.

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

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

WATER BILLING CORRECTION:

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to approve the following water bill correction:

Customer Number: 40242

Bill Number: 75112

Usage Period: 2/1/06-5/29/06

Billing Date: 6/30/06

Brian Hinton

1 Violet Street

South Glens Falls, NY 12803

Incorrect Reading: 165100

Corrected Reading: 77000

Incorrect Consumption: 94,200 gallons

Corrected Consumption: 6,100 gallons

Incorrect Amount Billed: $281.89

Corrected Amount Billed: $33.50

Meter was read wrong.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

MOREAU EMERGENCY SQUAD AGREEMENT AMENDMENT:

Supervisor Gutheil informed Attorney Auffredou that the Public Hearing was held at 6:30 p.m. and there were no verbal or written comments given for or against the proposed amendment to the agreement between the Moreau Emergency Squad and the Town of Moreau.

Before the Public Hearing started Andre Delvaux had provided the Town Board and Town Clerk with a copy of a certificate of insurance from Multi-Med and a copy of their crime/dishonesty policy binder. There was discussion about the Town being an additional insured on the policy, the date the policy was issued in 2004 and it was understood that before the agreement is signed the insurance will have to be squared away. Also, Supervisor Gutheil suggested that they obtain an opinion on this policy from our insurance consultant.

Attorney Auffredou noted that there were two resolutions that would have to be adopted. One was the adoption of the proposed fee schedule and the other was a resolution entertaining an amendment to the agreement. The resolution entertaining the amendment should include authorization for the Supervisor to sign the agreement subject to legal counsel’s review and comments and resolution of the insurance questions.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to adopt the following fee schedule to be charged for ambulance services:

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Abstain *

Councilman Kusnierz Absent

Supervisor Gutheil Aye

* Councilwoman Baker abstained in order to avoid a potential conflict of interest. Her daughter

is a volunteer for the Moreau Emergency Squad.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett authorizing the Supervisor to sign the proposed amendment to the agreement between the Moreau Emergency Squad and the Town of Moreau subject to any further review and comments by the Attorney for the Town and resolution of the certificate of insurance.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Abstain *

Councilman Kusnierz Absent

Supervisor Gutheil Aye

* Councilwoman Baker abstained in order to avoid a potential conflict of interest. Her daughter

volunteers for the Moreau Emergency Squad.

Jerry Bouchard was present to talk to the Town Board about reval again. He stated that he was at the last meeting and talked about a reval and he heard nothing from the Town Board. He read from Real Property Tax Law again that reads in part about property being assessed at market value or uniform percentage of real market value. He stated the Town hasn’t done a reval in 25 years. People who are building are being unfairly assessed and there is no uniformity. The Town is assessing in percentage value, but not full value. He stated that he has been unfairly assessed and that reval won’t hurt a whole lot of people. Everybody around us has done a reval. He asked Attorney Auffredou if he was familiar with the law regarding assessments. He also asked the Town Board Members if they had anything to say at all to him.

Peggy Jenkins stated and she quoted Jerry Bouchard, "we are not sticking it to the people". She told Jerry Bouchard that there is a process he can go through if he is unhappy with his assessment and that is grievance day. She stated that there aren’t a lot of new people with new constructions in Town that are unhappy, because they haven’t come to grievance day. She also explained that she can’t reassess properties based on a sale.

Jerry Bouchard replied that the Assessor knows what the houses sell for in the Michael’s Group, for instance, and she can assess them based on that.

Peggy Jenkins replied that she does not assess by sale price.

Jerry Bouchard stated that he knows what his assessment is and what is on his sales papers. He asked Attorney Auffredou to research the law to see if we are breaking the law and even if we aren’t what are we going to do in this Town?

Supervisor Gutheil stated that the estimate before to do a reval was in the range of $250,000.00 and with the Town being involved in litigation with the energy companies and hydro facilities the Town Board didn’t want to undertake a reval while the litigation was going on.

Supervisor Gutheil asked Peggy how many grievances she had and Peggy replied, two plus the energy companies.

Attorney Auffredou stated that he didn’t want Jerry Bouchard to leave the meeting thinking that the Town Board and he agree with him that there is unfair assessing going on. It has never been his understanding that just because the Town doesn’t do a revaluation that they are in violation of the law. It is true that many, many municipalities in the area have conducted revaluations. However, he encouraged Jerry Bouchard to contact each and every one of those Assessors in each and every one of those municipalities. They will tell you that after they do a revaluation they are certified at 100% and then the year after or year after that they are back into the low 90’s, 80’s and low 70’s. It isn’t necessarily a cure-all for what you are talking about. Whether or not the Town Board does a revaluation is a policy decision and budget decision. He wanted to make it clear that it was never his understanding that the Town is in violation of the law simply because they aren’t at 100% of valuation.

Peggy Jenkins stated it is not mandated by the state for a town to do a reval.

Attorney Auffredou stated that what the Assessor can’t do is apply the equalization rate and end up with an assessment based upon that equalization rate that would translate into a value that is higher than a full value number.

Jerry Bouchard concluded by saying that the Town Board should spend the money and do a reval and if they don’t then they aren’t doing their job.

Supervisor Gutheil advised that the board would look at it at budget time.

In other business:

Joe Patricke stated that the developer of Palmerton Heights was going before the Zoning Board requesting an area variance to increase the allowable height of the homes they intend to build. He also expected that Garcia would be doing the same thing in his development.

Attorney Auffredou stated he recalled the Town Board had discussed this a while back and had decided to let the Zoning Board deal with it on a case by case basis and that the Town Board would change the law during the drafting of the master plan. What was coming before the Zoning Board was a request for a blanket variance for all the homes in the Palmerton Heights Subdivision. If the Zoning Board starts to get a lot of requests then they may be put in a difficult position.

Supervisor Gutheil stated he didn’t have a problem with changing the law now. He didn’t want to put an undue burden on the Zoning Board. The Board Members concurred.

Attorney Auffredou stated that this would involve amending the Zoning Law, referral it to County Planning Board, completion of a long form EAF under SEQRA. Surrounding municipalities would have to be notified. There would have to be a public hearing and there is a 10-day publication period for a zoning change. We are looking at the first meeting in August. He asked what the height was going to be and Joe Patricke recommended 38 feet. This is what the South Glens Falls Fire Company said they could handle.

Supervisor Gutheil asked if it was the consensus of the board to authorize Attorney Auffredou to proceed with preparation of the documents and the board members said yes.

Supervisor Gutheil reported that they are close to being done with the 8 inch line. They have three or four more road crossings. Fawn Road is done on the west side of Route 9. Seven trailer trailers have delivered supplies for the water tank. A crane is on-site and some steel. Some restorations have been done. They are ready to fill the pipes in the Adams/Grover area. There may be some changes made going into Lamplighter where there is extra telephone cable and an easement may be required. They plan to start the services into the houses next week after they pressurize and chlorinate the lines. Their substantial completion date work schedule is September 8th15th, but Supervisor Gutheil felt this was a very aggressive schedule.

The price of copper is up so dramatically that the Water Superintendent is recommending an increase in the tapping fees by $200.00.

Supervisor Gutheil asked the Water Superintendent, Mike Shaver, why he thought the short side taps should be increased this much.

Mike Shaver stated that it was because of the price of copper. He then recommended that they increase the tapping fees for short side connections by $100.00, but he wouldn’t recommend they go any less than that. Right now it is costing $775.00 to do a tap on the long side and we are charging $700.00. There is $703.00 in just the hardware and copper, not including the meter. ¾" Copper is at $4.89 a foot right now.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast authorizing an increase in the tapping fees as follows:

Long side $900.00 from $700.00

Short side $700.00 from $600.00

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Councilwoman Baker reported that the fence company was in the park yesterday and they were putting up nets and working on the punch list. Payment is in and the WMBE forms are in.

Steve Gram stated that the fields were mowed for the first time today.

Supervisor Gutheil advised that we need to address the septic system and the roadway access and concession stand.

Attorney Daniel J. Mannix from Muller and Muller who is representing Dango’s, Inc. submitted a letter to the Town of Moreau notifying the Town of his client intents to apply for a liquor license through the NYS Liquor Authority and requesting the Town Board to waive the 30-day notification waiting period so they could proceed with their application process.

The Town Board didn’t have any objections to this waiver.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast approving a waiver of the 30-day notification waiting period.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil advised that he received a few complaints against the Transfer Station. One was from a gentleman who wanted to dispose of a shower door and was refused. He was a contractor though. The other complaints were from people who were denied disposal of brush. The staff has been telling people that only brush from storm damage can be deposited and he instructed the staff to accept brush as we have normally accepted it in the past.

A donation was received from Amelia Bolio in the amount of $30.00 for use of a pavilion in the Rec. Park.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to gratefully accept this donation in the amount of $30.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

A quote was received in the amount of $900.00 for removal of a tree in a cemetery. The tree is in bad condition and needs to be taken down. The quote was rather high so the Supervisor is having his secretary obtain more quotes. It was the consensus of the board that the Supervisor is allowed to select the lowest quote and have them take the tree down on an emergency basis.

Supervisor Gutheil reported that Michael’s Group did geo probes around the retention ponds in Woodscape to find out why they are not draining and the tests were inconclusive. There are going to do more probes.

Steve Barody, Highway Superintendent, would like to supply ductile iron pipe and have it run down through his property so that it could eventually be looped through the Sweet property. Supervisor Gutheil suggested they obtain legal advice on this since he is an elected official.

The Recreation Director presented names of people to hire for the summer and the board took the following action:

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to hire the following persons, part-time, seasonal, no benefits and no pre-employment physical:

Janelle Bashant (Re-hire) Swim Instructor $10.00 per hour

Rachel Varney (Re-hire) Swim Instructor $10.00 per hour

Zack Chapman Asst. Baseball Instructor $10.00 per hour

Pat Lyons Asst. Baseball Instructor $10.00 per hour

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil reported the mortgage tax for June was in the amount of $43,193.00 vs. the same time in 2005 when it was $40,425.00.

Supervisor Gutheil reported that a constituent requested a southbound left turn green arrow at the intersection of Route 197 and Route 9. He wrote a letter to NYS DOT. They responded with a letter that indicated they concurred with this request and will commence with the design and installation of this light.

Steve Gram reported that the bleachers at the high school are not available as we were previously told.

Supervisor Gutheil reported that there is a large tract of land on Hatchery Road that the owner is willing to work with the Town on getting a grant for, for open space. He asked if the board was interested in pursuing this and the board members said they were. Supervisor Gutheil will commence discussions with the landowner about this.

In the last set of minutes it was noted that the number of EDU’s in English Village Apartment Complex was incorrect. Since that time the Assessor looked up the correct information and reported that there are 20 buildings in English Village, 111 apartments a service building and laundry.

Supervisor Gutheil received a call from the energy company about putting up a sign at the boat launch off Nolan Road that reads "Caution – Dam Ahead". There is some question about ownership of the area. At one time the Town had a lease with Niagara Mohawk to use the area. Supervisor Gutheil contacted the gentleman that called and told him he was willing to sit down and work on this with him, but hasn’t heard back.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to adjourn the meeting at 8:10 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk