Supervisor Gutheil opened the meeting 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; Steve Barody, Highway Superintendent; Stephen Gram, Recreation Director; Joe Patricke, Building Inspector; Peggy Jenkins, Assessor; Martin D. Auffredou, Attorney for the Town (arrived approximately 8:15 p.m.); and guests.

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, comment, correction and approval:

July 7^th, July 8^th and July 15^th

Received and filed.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to approve the minutes of July 8^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 291 – 5^th line from bottom of page – "The" should be "They"

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz to approve the minutes of July 15^th as corrected.

Roll call vote resulted as follows:

Councilman Hewlett Abstain

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Randy Keech was present to request payment of the in-lieu of health insurance buy-out retroactive. When Mr. Keech was hired there wasn’t any union contract in place for the Highway Department. There were contract negotiations on-going. Mr. Keech was told to wait until the new contract was signed and this has been done. The old contract didn’t address retroactive in-lieu of payments and the new contract that was recently agreed upon doesn’t address this. Therefore, absent this language being in either contract the payroll clerk didn’t have authority to pay him the retroactive in-lieu of. Supervisor Gutheil recalled the Board offering the insurance payment irrespective of the outcome of the negotiations and they would amend the old contract. Nothing was heard back from the unit so nothing happened on it. Supervisor Gutheil stated that Fran figured out that Mr. Keech would have been eligible for insurance after the 30-day waiting period, which would have brought it back to October 2001. Based on this the retroactive payments would total $1,750.06.

Discussion followed.

Councilman Prendergast asked if anyone else has run into this situation. Councilwoman Baker said, no, everybody else at the highway department takes the insurance.

Councilman Hewlett stated he would support this request.

Supervisor Gutheil stated he would check the minutes to see if he could find anything on this and figure out where to take the money from to pay this and maybe it could be addressed at the month-end meeting.

The Board Members didn’t have any objection to this.

Mr. Keech was instructed to fill out a voucher in the meantime and submit it to the payroll clerk with his time card.

Supervisor Gutheil asked if anyone else wished to be heard early on in the agenda and Jan Kropp from Old Saratoga Road asked how the subject of mining that was on the agenda related to their area and the Pallette Mine?

Supervisor Gutheil said he put it on the agenda because at the last meeting he told the public he would put it on the agenda. He has some ideas about a moratorium or rezoning of area. He thought the Master Plan Committee should take a look at mining in the Town.

Robert Duval of 396 Old Saratoga Road advised the Board that the people in his area have asked a lot of questions and none of the questions have been answered. He understood that the Town Attorney was supposed to look into this. They are taxpayers and they are still dealing with the same situation. The company was illegally operating for three months. They Town Board may be debating the laws, but in the meantime the people want answers. He wanted to know why it was being dragged out.

In regards to the comment about the company operating illegally, Joe Patricke stated, it was his understanding, that there was a DEC Permit and Special Use Permit from the Zoning Board for this operation and they didn’t think they were doing anything illegal. Their interpretation of the law was that they didn’t need a Town Permit.

Councilman Kusnierz stated there is two jurisdictions involved the State Jurisdiction and Town Jurisdiction. Right now there is a question as to what jurisdiction the Town has in the mining permit process. In regards to the land reclamation question, that is the State, we have no authority over it.

Robert Duval asked where they go for answers and Councilman Kusnierz told him to the State DEC. Mr. Duval said no, there is a Town Attorney that is being paid for with taxes and it is his job to find out the answers for them.

Mr. Duval spoke about what he considered the deplorable condition of the mining pit off Route 9, and claims they did it all illegally.

Supervisor Gutheil stated that it is the Board’s understanding that DEC inspected the footprint of the Pallette mine. They asked the owner to stake it out. DEC says they aren’t outside the footprint. Regarding the Shaw Pit he asked Joe Patricke if he was aware of any violations.

Joe Patricke stated that Stan Koenig from DEC inspected that one also.

Supervisor Gutheil advised that DEC has jurisdiction over the mine not the Town. Our review is very, very limited.

Mr. Duval asked why? Supervisor Gutheil stated that the Mine Reclamation Action preempted the Towns authority. All of the Attorneys have agreed this is correct. We cannot tell them how to do their mining. There is a very limited scope that the Town has any jurisdiction over. We can zone and not allow any new mines or expansion. They have a DEC Permit that says they can do this.

Mr. Duval spoke about the tri-axle trucks that run on the Old Saratoga Road.

Supervisor Gutheil advised that these are the same issues that the Board has heard over and over and they are well aware of the issues. The Board is trying to determine if they can require a permit or not. Pallette postured themselves that they don’t have to and that they don’t intend to expand. At the last meeting he asked them to put it in a deed restriction and they said no they wouldn’t. That is when he decided to put it on the agenda for tonight.

Tina Kays was of the opinion that the Special Use Permit needs to be revised since there is a new owner. It was explained to her that a Special Use Permit runs with the land no matter who owns it. She wondered how this could be allowed when the future cannot be predicted. Supervisor Gutheil stated they were well aware of this and that is why they want to review the law.

Jan Kropp asked how review of the law would affect them for the future, would it halt all future mining on Old Saratoga Road and halt an expansion? She was under the impression that if

Pallette owned the property already then they would still be able to expand, even if the laws were changed.

Supervisor Gutheil thought our attorney said we couldn’t do anything that would affect the Special Permit, but any expansion would be affected. A moratorium would stop whatever it was imposed for. It wouldn’t be indefinite, but would give the Board time to revisit our law.

Councilwoman Baker added that a moratorium wouldn’t prevent Pallette from taking out what is left within the footprint already approved by the DEC Permit.

Jan Kropp felt there must have been something that wasn’t kosher going on down there, because they stopped their operations when everyone got wind that they were operating without a permit. The residents don’t see the stakes outlining the footprint that are supposed to be there and the replanting of vegetation that Koenig says is being done isn’t. She also commented on the slopes and was of the opinion that they aren’t in compliance.

Supervisor Gutheil asked Attorney Auffredou if the Town Board has the right to require a survey of the slopes?

Attorney Auffredou was of the opinion that the Town Board has the right to request a letter from DEC stating whether the mining operation is in compliance or not. If it turns out they are not in compliance then the Town Board has the right to ask DEC to investigate.

Supervisor Gutheil was in favor of having Joe Patricke write a letter to that effect.

Supervisor Gutheil asked if the Town Board has the right to inspect the slopes?

Attorney Auffredou was of the opinion that this would not be within the purview of the Town Board. It would fall under the Special Use Permit.

Supervisor Gutheil asked if the Town Board could accompany Joe Patricke on an inspection?

Joe Patricke stated that by standing on Modinger Way one could look down upon the whole area.

Supervisor Gutheil advised Attorney Auffredou that before he arrived they had discussed the possibility of a moratorium, rezoning or both.

Attorney Auffredou advised that a moratorium process would be exempt under SEQR, but would require adoption of a local law. The moratorium could be on expansion of any mine in any zone and it could preclude any applications for expansion.

It was the consensus of the Board that they would like the moratorium to cover new permits also.

Attorney Auffredou advised that the moratorium could be for 120 days and the Board would have to work towards adopting something substantive. Extensions could be adopted, as long as progress is being made and there is public review and debate.

Tina Kays was under the impression that the area the mine was in wasn’t zoned for that purpose and she was advised that the area was zoned to allow mining by special permit. After some

discussion among Jan Kropp and the Board, Tina Kays asked why a special permit was required if the area was zoned for mining?

Attorney Auffredou explained that in some areas zoning allows certain uses by special permit. At one time a Town Board decided that, as a matter of law, mining uses are in harmony with this area, that this land is conducive to these types of uses, but we don’t want them as of right. We want to make sure they are allowed by special permit. Which means, the Zoning Board of Appeals looks at it under their special use permit jurisdiction. Since that time, the State Legislature came in and adopted the Mine Land Reclamation Law. The Mine Reclamation Law essentially stripped the authority of local municipalities or limited it in an extraordinary way so that the special use permits of the zoning board, which at one point in time were enormous and very important, are now very limited.

Tina Kays didn’t understand how one company could be given a permit (Valente) in 1998 and the Town not have any say in how it is going to affect the environment and safety of the surrounding area. She asked if the Town could regulate the special permit?

Attorney Auffredou advised that the Town has the authority to regulate mines by special use permit. However, the authority is limited to conditions placed by DEC, hours of operations, ingress and egress, dust control, etc. and for the Town to do anything beyond that in a special use permit it does not have the authority.

Tina Kays asked if they could revoke a permit if there is illegal use of their DEC Permit or Mining Permit?

Attorney Auffredou stated the special use permit runs with the land, but as approved. If they violate the terms and conditions of that special use permit it could be revoked.

Mr. Duval said they did violate. They were operating for three months illegally.

Joe Patricke thought the issue here was when the transition took place when Valente wasn’t operating it and DEC switched it over to Pallette. We didn’t have any knowledge of it, DEC authorized it and they were operating some of that time without a DEC Permit.

Discussion followed.

Tina Kays mentioned again violations, that she claims, Pallette has committed. She asked why the Town couldn’t have authority over the special use permit?

Supervisor Gutheil advised that would be the Zoning Board of Appeals. That is an avenue that the people could pursue.

Tina Kays asked how?

Attorney Auffredou said they could present a complaint and evidence to the Zoning Board that violations have occurred of the special use permit, that are within the Zoning Board’s jurisdiction. The only way it could be suspended or revoked is after a hearing and due process.

Tina Kays wanted to know why the Town Board didn’t take the information the people presented to the Zoning Board and not six months later.

Supervisor Gutheil said the issue that came to the Board was whether or not they were going to be issued a Town Permit.

Mr. Duval said everything was explained to the Board on what the violations were and that they were operating illegally. He wanted to know why they didn’t take the next step.

Attorney Auffredou advised that he didn’t believe this Board had any responsibility to take any further steps. He told Mr. Duval that he had the right as a citizen to take further steps and he was represented by counsel. This Board acted within its authority and its jurisdiction.

Mr. Duval wanted to know why this wasn’t mentioned before?

Attorney Auffredou said he wasn’t sure that it wasn’t.

Councilman Prendergast said that some time ago the Board stated that this was a Zoning Board of Appeals issue and that the people should go before the Zoning Board of Appeals. He asked if they did that? He also recalled it was stated that the Board didn’t think the Zoning Board of Appeals at the time knew it was a new company and when the people go before them they should let them know that.

Tina Kays recalled it differently and that the Town Board felt they should handle it themselves, because they were more familiar with it.

Supervisor Gutheil said she was right in that the Town Board wanted to ask for a Full EAF, but then the applicant said they wouldn’t do that.

Tina Kays said they just found that out and the Board said so did they.

Jan Kropp gave a chronology of the steps they followed and the Boards they appeared before.

Following some more discussion on this matter the Board set a Public Hearing Date for August 12^th at 6:30 p.m. on a local law to adopt a moratorium to prevent new mining operations or expansions of existing mining operations town-wide.

A Public Hearing was held prior to this meeting at 6:45 p.m. and there wasn’t any opposition to the creation of Extension 1 of Water District 5.

The Town Board proceeded to review Part 1 of the Short Form EAF. The "commercial" box was checked under #9 of Part 1. #11 was changed from "no" to "yes" and the following added, "NYS DEC Water Supply Permit, Note: Woodscape Subdivision has Final Town Planning Board Approval".

The Board completed Part 2 and 3 of a Short-Form EAF. The answer to all questions was "no".

In Part 3 the box was checked that read "the proposed action will not result in any significant adverse environmental impacts". The Town Board will be lead agent.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the Supervisor to sign the EAF as completed.

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 authorizing the issuance of a Negative Declaration and Determination of Non-Significance.

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 adopting the following resolution:

WHEREAS, the Town of Moreau is considering the creation of Extension No. 1 of Water District No. 5 within the Town of Moreau as described in the Map, Plan and Report that has been prepared for Extension No. 1 of Water District No. 5: and

WHEREAS, a public hearing on the creation of Extension No. 1 of Water District No. 5 was conducted on July 22, 2003 at 6:45 p.m. at the Moreau Town Hall; and

WHEREAS, a notice of public hearing was published and posted as required by law; and

WHEREAS, the Town Board finds that all property and property owners within the proposed district and extension are benefited by the creation and establishment of Extension No. 1 of Water District No. 5; and

WHEREAS, pursuant to Town Law §209-e, the creation of Extension No. 1 of Water District No. 5 will benefit the property owners within that area as well as all property owners located within the proposed extension of the district which lies southeast of Water District No. 5 along Reservoir Road beginning where the power lines cross Reservoir Road then extending in an easterly direction to Route 32 or Gansevoort Road, extending generally to properties north and south of Reservoir Road; and

WHEREAS, the Board finds that all the property and property owners benefited are included within limits and boundaries of Extension No. 1 of Water District No. 5; and

WHEREAS, the Board finds that the establishment of Extenson No. 1 of Water District No. 5 is in the public interest; and

WHEREAS, the Board has issued a determination of non-significance under SEQRA;

NOW, THEREFORE, the Board hereby establishes Extension No. 1 of Water District No. 5 in the Town of Moreau as more fully detailed and described in the Map, Plan and Report; and

BE IT FURTHER RESOLVED, that the Board hereby authorizes the construction of the necessary improvements to provide potable water service in Extension No. 1 of Water District No. 5; and

BE IT FURTHER RESOLVED, that this resolution is subject to permissive referendum as provided for in Section 209-e of the Town Law.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Gary Robinson, Engineer for G. Robert Baker, addressed the Board. The plans for the water line have been completed and Tim Burley has reviewed them and he had comments. Mr. Robinson advised that they responded to the comments from Tim Burley. The plans have to be submitted to DOH for approval along with an application signed by the Town. Rather than waiting until the next meeting he requested the Town Board authorize the Supervisor to sign the application when ready.

Supervisor Gutheil asked about the hydrant spacing and was told that had been resolved. Everything has been as asked.

A copy of the plans and the application form was given to Attorney Auffredou to review.

Supervisor Gutheil advised Attorney Auffredou that during the Public Hearing process there was some discussion with a resident from Reservoir Road about where the pipe was going to go. It may be that the road is not in the center of the right-of-way and there sounds like there is limited shoulder area. He asked Attorney Auffredou what would happen if it couldn’t be installed according to the detail.

Gary Robinson said the shoulder detail should remain the same, but the location of the main could be different.

Attorney Auffredou stated easements might be required.

Discussion followed.

In the meantime, Attorney Auffredou reviewed the application form and advised the Board that he didn’t see any reason why the Supervisor wouldn’t sign it.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the Supervisor to sign the Public Water Supply Improvement Application to NYS DOH for Extension 1 of Water District 5, subject to review and approval by Tim Burley and Attorney Auffredou.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

An inquiry was made by a person building a house on Bluebird Road between the railroad tracks and Sisson Road about hooking up to the water system that feeds the Moreau Industrial Park. Supervisor Gutheil stated this would be similar to the request from the Glens Falls Independent Living Center.

Supervisor Gutheil asked Attorney Auffredou if he was comfortable with this.

Attorney Auffredou stated he reviewed the grant and didn’t find any conditions that would prohibit this and communication was also received to this affect. He asked if the concern was that the line was installed initially to serve the industrial park?

Supervisor Gutheil said yes and we probably should look at the DEC and DOH Permit.

Joe Patricke thought the purpose of the sending the letter to the Assisted Living Center was to ask them to put up the funds to conduct this review?

Attorney Auffredou said another concern was over the impact on the dedicated usage and flow to the industrial park. This would be an engineering issue.

Supervisor Gutheil said the issue here is the person who has made the inquiry has a house that is all framed and he either needs to put in a well or tap into the water line fairly soon. He asked the Board if nothing is found then does the Board want to charge the same rates as the others?

Joe Patricke stated there is approximately 26 acres that adjoins this property that a developer is looking into building 20+ homes on and next to that is the proposed assisted living center.

Supervisor Gutheil said that this would be a precedent we would be setting then.

Joe Patricke said the person building the house wouldn’t be ready for water right away.

Attorney Auffredou was asked briefly review it again and it may be addressed at the Month-End Meeting.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett authorizing the following corrections to water bills and final bills:

Acct. #40465 Town of Moreau Recreation Park

Inadvertently charged the residential rate for the last two billing and should have been the municipal rate. Credit of $1,388.32 should be issued against the next bill.

----------------------------------------------------------------------------------------------------------------------

Acct. #40150 Judy Cook – 10 Myron Road

In the last billing cycle her reading was changed per Town Board and Water Superintendent. The corrected reading did not get carried over into this billing cycle making the previous reading for current billing cycle incorrect.

Incorrect previous reading that was billed: 1552260

Incorrect amount billed: $183.04

Correct previous reading: 1582570

Correct amount billed: $81.50

Credit Due of $101.54

Customer Number: 20229 Customer Number: 20401

Bill Number: 64919 Bill Number: 64920

Usage Period: 3/11/03-7/9/03 Usage Period: 3/11/03-7/14/03

Billing Date: 7/9/03 Billing Date: 7/14/03

Paul L. & Tammy J. Dowen Nancy Eole

32 Hudson Drive 27 Jacobie Road

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

Consumption: 44,060 gallons of water Consumption: 7,110 gallons of water

Amount Billed: $140.99 Amount Billed: $32.00

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Mr. Beers from Pallette Stone arrived and Supervisor Gutheil told Mr. Beers about the Public Hearing that was scheduled to consider a moratorium for August 12^th at 6:30 p.m.

Supervisor Gutheil asked Mr. Beers if he had anything to discuss?

Mr. Beers asked what the moratorium would entail and he was told it would temporarily ban new mines and expansions.

Mr. Beers said at the last meeting that Pallette Stone didn’t intend to expand. All they wanted was the same permit that was in place when the purchased the property. Once they are done if they have to come back in and get a permit from the Town then fine. If they couldn’t get a permit from the Town then they would have to do something with the property. They bought the property with a mining permit and the zoning permit that was there. They understand that once a property changes hands they can’t transfer the permit the company has to ask for a yearly permit that the Town requests. In the process they feel that they should be able to get the same permit they had. There is a year and a half, maybe, of material to take out of there and the mine will be done. They will then reclaim it, which they already started to do when the mine was shut done. They want to be able to start planting grass seed and right now they are handcuffed.

Supervisor Gutheil stated that Mr. Beers would recall that at the last meeting the Town Board stated they would be discussing this particular item of litigation in executive session, which they would do later in the meeting.

Mr. Beers left the meeting.

Supervisor Gutheil received a revised Order on Consent. This started with an action by DEC when they cited the Town and the developer on a drainage issue down in the Riversedge Subdivision. There has been an Order on Consent that was signed and then revised by the other parties and now the Town has been made a party to the Order on Consent, but we have no directive to do anything.

Attorney Auffredou stated the Town has no monetary obligations and no burdens to take remedial action. We are a party to the Order on Consent because we own two catch basins, which were the subject of the problem. Schedule A is a timetable for Mr. Aronson to hire an engineer and submit preliminary plans and time for the Town to comment on the plans. It also gives DEC an opportunity to do the same and in the end approve the plans. The Town will have the opportunity to review the final plans.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the Supervisor to sign the Revised 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 reported that the Town was served with the following Tax Certiorari Petitions:

Level 3 Communications, LLC

Niagara Mohawk Power Corp.

Fleet Bank

Erie Blvd.

The Highway Superintendent requested authorization to purchase a used paver from the Town of Wilton in the amount of $7,500.00 out of DB5130.2.

Brief discussion followed.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing this purchase.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Employees of the Rec. Department have been working 2 ¼ hours for 2-hour sessions. One of the sessions is swimming lessons and when the lifeguard gets done fielding questions from the parents and answering them it is 2 ½ hours and she wants to be paid for the extra ½ hour. The other session was golf, which normally is ½ a session or one-hour and it has been running over. It was the consensus of the Board, for this year, to keep golf at ½ session (1 hour) and the swimming lessons at 2 hours and anytime spent over that to be at the lifeguard rate.

Stephen Gram advised the Board that Springer Waste has given an updated quote on trash removal from the park at $165.00 per month. They are 25% cheaper than their competitors.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz authorizing Springer Waste to pick up trash, at the park, at a price of $165.00 per month.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Stephen Gram advised that at a prior meeting the music events at the park was discussed, but never voted on.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing "Youth Week" expenses for three concerts in the park in an amount not to exceed $1,500.00.

The County will reimburse the Town for these expenses per Stephen Gram.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil did a memo to all Department Heads and Town Board regarding the new law and distributed posters. Saratoga County is letting NYS DOH do the enforcement. We should adopt and comply with the policy. There is bound to be some questions. If so, they should be referred to NYS DOH or the Town Supervisor and he will refer them to DOH.

Discussion followed.

Supervisor Gutheil stated this was the law that prohibited truck traffic on Bluebird Road. A public hearing was held and kept open. Attorney Auffredou has some correspondence from the Attorney General’s Office. It involves potential litigation and he asked Attorney Auffredou if it should be discussed in executive session?

Attorney Auffredou said the Attorney General’s Office is trying to find out where the Town Board is at in its decision making process. He talked with Lisa Finer of the Attorney General’s Office and Brent Kinnan of Borden Chemical. He explained to Lisa that we are looking at a truck routing study and concerns raised during the public hearing process. He thought it was a question of what the next step was. He understood that a traffic light installation at the intersection of Fort Edward Road and Route 197 is eminent. This Board has expressed some concern over the use of Fort Edward Road. He has a suggestion on how to handle this and due to potential litigation he recommended they discuss it in executive session.

A proposal was received from Wilbur Smith Associates. Attorney Auffredou reviewed the scope of services and found it satisfactory. The AGFTC will pay for 80% of the contract. The services are anticipated to cost $4,870.00 and $350.00 for project related direct costs.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing payment of our share, not to exceed 20%, of the truck traffic study to be done by Wilbur Smith Associates for AGFTC and the Town of Moreau.

Supervisor Gutheil said this would be paid for out of the Off-Site Traffic Mitigation Fund.

Attorney Auffredou suggested they take a look at this in terms of SEQR compliance. The EIS was prepared, finalized and findings adopted after Planning Board and Town Board review regarding the industrial park and designated routes. SEQR says, that when an agency proposes to fund or undertake an action they should begin a SEQR process. This truck routing study may lead to a modification of SEQR findings that were made for the industrial park and Borden Chemical. To modify SEQR review you engage in SEQR review. Within the next month or 45 days the Board should look at Part I of a long form EAF. A lead agency notice should be sent to DOT, DEC, Planning Board, Zoning Board and Village of South Glens Falls. It doesn’t matter if you take any action or not. Just state what is being done, "there is a truck routing study out there and the Town is looking at possible alternative routes for ingress and egress to the industrial park, etc".

Supervisor Gutheil asked Attorney Auffredou if he would be ready to do this by the Month-End Meeting or the August 12^th Town Board Meeting? Attorney Auffredou stated the August 12^th meeting.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to approve the following transfer:

Transfer $39,419.84 from DB1990.4 (Highway-Contingent Account) to:

$16,624.87 DB5110.1 General Repairs-Personal Services

$ 2,853.98 DB5112.1 Improvements-Personal Services

$ 1,214.59 DB5130.1 Machinery-Personal Services

$ 3,039.78 DB5140.1 Miscellaneous (Brush & Weeds)-Personal Services

$12,885.29 DB5142.1 Snow Removal-Personal Services

$ 530.98 DB9000.8 Medicare Tax

$ 2,270.35 DB9030.8 Social Security Tax

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 accept donations from Amelia Bolio in the amount of $30.00 and Nancy Olson in the amount of $60.00

to the Town of Moreau Recreation Park and to be deposited into the Rec. Park Capital Projects Fund.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Councilwoman Baker reported that she met with Supervisor Gutheil and John Byron regarding the Water Project and this will be reported under Supervisor’s items.

Councilman Prendergast reported that he met with Supervisor Gutheil and the gentleman from Adirondack Fence and he can’t say that it has been resolved.

Supervisor Gutheil stated there wasn’t any sign of any compromise. There is about $1,100.00-$1,200.00 in damage to the sprinkler system.

Councilman Kusnierz asked if there was a written contract with Adirondack Fence and the answer was that the Town accepted his proposal, but there wasn’t any written contract.

Discussion followed.

Supervisor Gutheil suggested they find out if there is any way to trace the pipe and if the tracer wire is there and if not we might have some recourse.

C.T. Male submitted a draft report on the lab analysis result of the waste activated carbon filters. Based on the results, the waste activated carbon is not hazardous and could be disposed of as industrial waste. They will obtain prices on disposal.

C.T. Male submitted a proposal on repairs to the landfill cover. They have also sent a revised estimate. Supervisor Gutheil told her there was no way he could justify the numbers. He didn’t disclose the numbers, because we may want to get other estimates.

Nancy Ryan received an inquiry from a commercial business about disposing of used tires and was told it would require an action by the Town Board by way of a policy change. Supervisor Gutheil told her it was his guess that the Town Board wouldn’t be interested in changing their policy at this point. The Board Members didn’t disagree with this.

Nancy Ryan requested approval of the following purchase orders for supplies ordered, per OSHA requirements and in compliance with Dept. of Labor citation:

Purchase Order No. 20366 in the amount of $577.17 made out to Safety Warehouse, 1438 Route 9, Fort Edward, New York, for an eye wash station, vests, hats, master locks, boots and work shoes.

Purchase Order No. 20367 in the amount of $420.00 made out to Bonded Concrete, Inc., P.O. Box 189, Watervliet, New York, for 12 concrete barrier blocks. [amended 8/12/03]

Supervisor Gutheil noted the concrete blocks were concrete abutments to put around the propane tank.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast approving these purchase orders.

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 they met the deadline for confined space at the transfer station. He has done a policy statement to the transfer station that no employee is to enter the confined space area. Only properly trained people with certification and approval by the Town Supervisor are allowed to enter the confined space.

A free Traffic Counting calming Training Course is being offered on September 5^th from 9 a.m. to 5 p.m. at the Saratoga Springs Library. [amended 8/12/03]

Mortgage Tax for the month of June is $36,023.27 and that is up from last years mortgage tax for June that was in the amount of $22,022.00.

A pleasant surprise was received from the Town of Queensbury Water Department. They did an annual water bill adjustment. Based on usage of 114,038,000 at 5 cents per gallon we have a credit coming on our next bill of $5,701.90.

Mr. Ferrone, a contractor who expressed an interest in developing a PUD on Route 9, has solicited Town Board Members individually on this project. Supervisor Gutheil thought they were missing the dialogue of the Board on these things. He let Mr. Ferrone’s Engineer know that these things should be brought to the Town Board as a whole. Supervisor Gutheil thought it was the Board’s position that they didn’t want housing in commercial zones. He asked if anyone’s position has changed? None of the Board Members present said that their position had changed.

Supervisor Gutheil stated that correspondence continues to come in regarding the Sabina Britton case and it is clearly within the confines of the Village of South Glens Falls and the Town has no responsibility. Attorney Auffredou wrote a letter to Peter Beames of Community Insurance to that affect.

The Phase 1 Environmental Draft Study of the old highway garage property has been completed. There is also a proposal that needs to be reviewed by the Board and discussed. A quote of $9,470.00 has been submitted for a Phase 2.

Supervisor Gutheil and Councilwoman Baker spent three hours with John Byron going over invoices and bills paid to Stearns & Wheler. Stearns & Wheler claimed there were some invoices that weren’t paid and since found that they posted them to the wrong accounts. There was a

voucher no. 11520 in the amount of $6,670.00 that Stearns & Wheler said wasn’t paid, but John Byron now agrees that it was. There was another voucher #9599 in the amount of $6,816.00 of which the Town Board subtracted $3,700.00 off of that amount. John Byron says we owe that amount. There is $10,500.00 in extra administration billings that John Byron says is because the contract wasn’t done in 10 months. Supervisor Gutheil made the argument that we saw no push to get the contract done sooner. There were other charges for the work on Fort Edward Road and re-chlorinating. John Byron did agree to accept $6,500.00 rather than the amount billed of $8,491.85 for re-chlorinating. On the extra construction administration John Byron was asked to accept one-half of the $10,500.00 and he asked for the Board to consider $7,500.00. Supervisor Gutheil reported they were still working on it and by the Month-End Audit Meeting he might be able to make a recommendation.

Attorney Auffredou submitted to the Board Members another draft of the proposed waste law, dated July 17^th, for the Board to review.

Supervisor Gutheil asked if anyone had anything else for the open session. There was no response.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz to adjourn to executive session at 9:48 p.m. to discuss Pallette, Fleet, Erie Blvd., Reliant, Niagara Mohawk, National Grid, Personnel and Bluebird Road Attorney Matters.

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.

Peggy Jenkins was invited to join the Board in executive session to discuss Fleet.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to adjourn the executive session and reopen the regular meeting at 10:50 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 Councilman Prendergast and seconded by Councilman Hewlett to adjourn the regular meeting for the evening at 10:50 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