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:

Town Board Members Present:

Harry G. Gutheil, Jr. Supervisor

Rich Hewlett Councilman

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

None

Also Present: Jeanne Fleury, Town Clerk; Martin D. Auffredou, Attorney for the Town; Peggy Jenkins, Assessor; Stephen Gram, Recreation Director; Mike Shaver, Water Superintendent and Joe Patricke, Building Inspector arrived at approx. 7:15 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:

May 27^th and May 28^th

Comments: The Town Clerk reported receiving a comment from Nancy Ryan, Transfer Station Clerk, as follows:

On page 232, 4^th paragraph, "Supervisor Gutheil received a complaint that the gates at the Transfer Station were closed before 3:50 p.m. The matter was discussed with Nancy Ryan and she insists that the gates were closed at 3:50 p.m." This statement made by Supervisor Gutheil is correct according to the tape recording of the meeting. Therefore, a correction cannot be made to the minutes, but Nancy Ryan asked for the record to show that in that discussion she stated that the gates were closed at 3:55 p.m. and not 3:50 p.m.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to approve the minutes of May 27, 2003.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Corrections: Page 238 – last line – "The balance of voucher #713 is $2,636.70 and the balance of voucher #714 is $3,400.00." The $2,636.70 should read $1,600.00.

Page 240 - The amount of claims was missing from the Sewer I Claims and the amount that should be inserted is $145.68. Industrial Part should be Industrial Park. Water District 3 Claims with total was missing and the following should be inserted after the Water District 2 Claims: Water District 3 – SW Account: Claim nos. 860-861 for a total of $3,414.65.

There was a question whether the $3,400.00 was correct or not. The Town Clerk would check the voucher and report back at end of meeting. Approval of the minutes of May 29^th was tabled until the end of the meeting.

A meeting on the "Disposal of Waste Law" being proposed was not scheduled, but Supervisor Gutheil reminded the Board that they all need to be more diligent in coming up with a law. The dredging isn’t going away. Recently a list of potential sites for a dewatering facility was announced and two sites in Moreau were on the list.

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

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to receive and file monthly reports from the following Department Heads: Supervisor, Recreation, Highway, Building Inspector, Assessor, Water Department, Transfer Station, Dog Control Officer, Town Clerk.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Jim Caccavo, Patrick J. Doyle, Dan Van Wie, Tom Jarrett and Ron Rucinski were present to receive conceptual approval of their proposed PUD on an approximately 19 acre site on the south side of Bluebird Road, in between Bluebird Knolls Mobile Home Park and the railroad tracks. The plan calls for the Glens Falls Living Center to build 14 One Bedroom Units on approx. 2 acres with a HUD Grant, a 46 Unit Senior Housing Complex on 5.5 acres and on the remaining 9 acres, 2 bedroom apartment complexes (80 units). Public Water and Sewage is proposed for the PUD. The road through the PUD would be offered for dedication to the Town. Each phase is a stand-alone project and they are not dependent on each other.

Councilman Hewlett recalled another developer had approached the Board recently proposing an apartment complex and he came up with a formula to determine the number of apartments or acreage. He asked if this project was consistent with that plan?

Ron Rucinski, Engineer, advised that the Urban Residential Zone in the Town of Moreau regulates 8 units per acre or 5,000 sq. ft. per acre. The Independent Living Project is 6,100 sq. ft. of land per unit, the Senior Citizen Housing Project is 5,150 sq. ft. of land per unit and the Conventional Apartment Complex Project is 5,100 sq. ft. of land per unit. This project is consistent with zoning. Eight to twelve units per acre are typical of apartment zoning in this part of Saratoga County.

Councilman Hewlett asked where they were at in their process?

Patrick Doyle advised that the grant had already been awarded for the Independent Living Project and the grant has been submitted for the Senior Citizen Housing Project and they should know by November if the grant is awarded or not.

Councilman Prendergast asked what their expectations for the water usage would be.

Ron Rucinski replied that based on NYS DOH and DEC standard computations, which are conservative, the 14-Unit Independent Living Project would use 1,050 gallons of water per day. The Senior Housing Project would use 3,525 gallons of water per day and the conventional apartment units would use 16,575 gallons of water per day.

Supervisor Gutheil asked if they would be provided with renderings of the type and quality of construction?

Ron Rucinski said absolutely, as they progress. This presentation tonight is the first step in the review process. They were only looking for conceptual approval from the Board at this meeting and then they would go on to the Planning Board. Patrick Doyle stated the design of the buildings was such that they would last 40 years.

Supervisor Gutheil stated that the water and sewer would have to be run past our engineer. The roads would have to be reviewed by the Highway Superintendent. Something should be put in writing to the Board. It should outline the impact on the neighborhood, conditions of the project, etc. He expressed a concern with the project running right alongside the railroad tracks. If the tracks are revived to a live railroad line for the industrial park then he could foresee a lot of complaints. SEDC has talked about wanting to activate that railroad line.

Patrick Doyle advised that they really needed to move along on the Independent Living Project.

Attorney Auffredou advised that the PUD is a rezoning essentially. The process would require the developer to present a sketch plan and the drawings presented tonight are more than adequate. At the next regular meeting the Town Board could refer this to the Planning Board. The Planning Board could hold a Public Hearing and conduct a site plan review. After the Public Hearing they could issue a favorable or unfavorable recommendation back to the Town Board.

The Town Board could then schedule a Public Hearing and conduct SEQR. After the Public Hearing the Town Board would be in a position to either grant or deny the plan. It was Attorney Auffredou’s opinion that the Town Board wasn’t in any position to grant preliminary approval at this meeting. It isn’t allowed under State or Local Laws. The Town Board could give them an indication, however, if they thought this sketch was satisfactory to go forward to the Planning Board and for the Planning Board to begin their review.

Councilman Hewlett asked Joe Patricke if this proposal was consistent with the density issue the Town Board has dealt with before?

Joe Patricke responded that he didn’t believe it was. He tried to apply the principles used in the last PUD the Town Board worked on and it was his opinion that this project exceeds the density that we were operating under for the last PUD and is different than what out our code says. [amended 6/24/03]

Supervisor Gutheil stated the Town Board would have to review the contract with the City of Glens Falls for sewer, because the contract stipulates a certain amount of capacity per day. We would have to estimate the capacity needed for build out of the industrial park, because the money for the sewer line was obtained through a federal grant for the industrial park. The water contract with Queensbury would have to be reviewed and required capacity estimated. We have the option to buy another 1,000,000 gallons of water, but someone would have to come up with the money for that. When we reach 1,400,000 per day we would have to build a pump lift station. They can only give us up to 1,400,000 per day at a certain hydraulic grade. We also have to watch our fire flows and we will need another water storage tank. The Town has applied for a grant and is waiting to hear the results.

Councilman Hewlett and Councilman Prendergast stated that they didn’t have a problem with sending the plan presented at this meeting to the Planning Board.

Joe Patricke thought the Town Board had to establish guidelines for density first.

Attorney Auffredou stated that would be preferable, but it wasn’t necessary. It could go to the Planning Board as proposed and in the meantime, the Town Board could work on the density issue. The Planning Board will give their recommendation. The Planning Board has no permit or approval authority. It is ultimately the Town Board who will decide on the density.

Supervisor Gutheil also pointed out that the road into the proposed development is shown going over a stream and will have to be addressed. It may involve DEC.

Ron Rucinski advised that they were aware there are a lot of design issues that will have to be worked out. His client is wary about spending money on architects, engineers and surveyors until there is some comfort factor that the project is going to move.

Supervisor Gutheil stated he conceptually was in favor of the proposal.

Discussion followed.

Councilman Kusnierz asked when the next Planning Board Meeting was and Joe Patricke said they could appear before the Planning Board on July 21^st.

Attorney Auffredou stated the Planning Board meets next week and he knew technically they weren’t on the agenda, but wondered why they couldn’t be given the opportunity to make a presentation and find out what the Planning Board would need for the July 16^th Meeting so there would be a meaningful discussion about this project on July 16^th.

Supervisor Gutheil said he wouldn’t be adverse to the Planning Board having a Special Meeting if necessary. On a project like this the Town Board wouldn’t have a problem calling a Special Meeting and he would hope the Planning Board wouldn’t either. There are times when a project could occupy a whole meeting. He encouraged the Planning Board to accommodate these people if their project is running behind. We are in the service business to help our people.

Jim Caccavo asked Supervisor Gutheil what concerns they should be working on?

Supervisor Gutheil advised that funds would be needed for engineering review. The gallons per day of water consumption required for this project is needed, preferably on paper, so that the engineers can analyze the storage and fire flows. As for the questions the Planning Board would have, Joe Patricke should be able to give guidance on this. A long form EAF would have to be completed and they should review the questions and be prepared to answer them.

Laurie Smith a Representative of AFLAC was present to receive approval from the Town Board to offer Town Employees a new optional coverage under the current Cafeteria Plan in place for Non-Union Members. It is a supplement, employee funded and available for pre-tax status. It is a Personal Accident Expense Plan. Ms. Smith gave a brief discussion on the plan. The approximate cost for singles is $2.80 a week and for families $3.00 - $5.00 a week. The Town Board didn’t express any objection to allowing this plan to be offered.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing an amendment to the Cafeteria Plan to add this optional accident plan and the Supervisor to sign the amendment.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Darlene Dickinson of 214 Ferry Blvd. was present and is having problems with dogs running loose in her neighborhood and on her property. She presented pictures to the Town Board of dogs on her property. Mrs. Dickinson was satisfied with the response by Ed Hazelton to her complaints and she has signed five complaints, but the dogs still run loose.

Mrs. Dickinson also complained about bon fires in her area. Joe Patricke has responded on several occasions and warned the people that the next time they would be issued a ticket. The bon fires still continue.

Supervisor Gutheil recommended a meeting with Ed Hazelton and Mrs. Dickinson to review the law and options to resolve the problem with dogs running loose. As for the bon fires, it was a code enforcement issue to take up with Joe Patricke.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the Supervisor to execute the necessary paperwork to establish a 125 Cafeteria Plan for CSEA Unit Members.

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 Kusnierz authorizing the Supervisor to establish a new checking account at Evergreen Bank for Water District 5.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Customer Number: 20646 Customer Number: 20470

Bill Number: 64419 Bill Number: 64422

Usage Period: 3/4/03-5/29/03 Billing Date: 6/10/03

Vince Gentile Wayne Kimmerly

33 Iris Avenue 18 Congdon Road

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

Water Consumed: 13,000 gallons Water Consumed: 13,960 gallons

Amount Billed: $41.60 Amount Billed: $44.67

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett approving the Final Bills as noted above:

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The vacuum breaker is not working on the water line at rec. park. A letter from Jim Mitchell when it was installed indicated that we weren’t using herbicides and we are. It needs a double check valve, because we use herbicides and has to be approved by DOH. Supervisor Gutheil suggested Jim Mitchell or Tim Burley make an application and get the work done. An estimate was received from Monroe Mechanical in the amount of $1,400.00. A couple of more quotes are needed to satisfy our procurement policy.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz authorizing an award to the lowest responsible contractor who submits a proposal to do this work at an amount not to exceed $1,400.00 and conditioned upon approval from DOH and an engineer saying we do need this.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Discussion followed on the Pepsi Contract and the machines that Fitzgerald Brothers is willing to bring back into the Recreation Park if the Town installs fencing around the machines to prevent further vandalism. Stephen Gram was only able to obtain one quote and that was from Askco in the amount of $2,720.00. It was decided to set up a meeting between the Town of Moreau Recreation Committee and Fitzgerald Brothers to discuss the contract and find out if they would be receptive to sharing the cost of the fencing.

A quote was received from a contractor to tile the bathrooms at the rec. park in the amount of $3,172.00. It was the consensus that this quote was high. Stephen Gram said he called about thirty contractors and this was the only one who quoted. He even called BOCES. Supervisor Gutheil said he would make some phone calls.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to pay Shane Carpenter $7.50 per hour to work at the rec. park for the summer. He received $7.25 per hour last summer.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Brief discussion followed on the bowling program held at Pine Lanes. It was the consensus of the Board that the program fees would be collected by Pine Lanes from now on out and not have them bill the town and they would administer the whole program. It will no longer be a rec. program.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to appoint Mary Antis as Town Historian effective July 1st and pro-rate the money allocated in the budget for the remainder of this year.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated his last communication with Hilander was that they were going to finish the restoration by the end of the month and they haven’t done this to-date. He suggested the Board find another contractor to finish up or buy seed for the ones that want to do their own, then we will figure out who is going to pay for it. Attorney Auffredou stated that if the Board wanted to recover under the performance bonds there are procedures to follows. Supervisor Gutheil said he would cc: Hilander on a letter that will be sent to the Surety. Supervisor Gutheil said out of courtesy he would call Hilander and inform them that a letter would be mailed to the Surety on Friday. The same thing will be done for Jack Hall Plumbing and Heating.

RFP’s were sent to Vermont Pure/Crystal Rock, Saratoga Water and Fitzgerald Brothers for bottled water for the Town Buildings. Quotes were received from all three companies and were opened and read at a Town Board Meeting held on April 22, 2003. The lowest quote was from Crystal Rock Premium Purified Water in the amount of $4.00 per bottle. Crystal Rock is currently being supplied to the Town Buildings at a higher rate per bottle. It was the consensus of the Board Members to accept the quote of $4.00 per bottle from Crystal Rock and to have them start billing the town accordingly.

Councilwoman Baker reported that the Transfer Station Personnel want to know what type of barrier the Board is interested in to put around the propane tanks. Supervisor Gutheil advised that he received regulations this afternoon by fax.

Councilwoman Baker reported that John Hoey wants to take vacation starting on Saturday, June 14^th and there is no one to fill in for him.

Councilman Kusnierz asked why the Board was just receiving notice of this vacation now?

Supervisor Gutheil stated the Board was supposed to be receiving advance notice from Department Heads of employee’s vacations.

Councilman Kusnierz asked about the violations Department of Labor found.

Supervisor Gutheil stated we have been cited and there are things that have to be done. If we don’t have the backup help, the violations aren’t cleared up and the employees haven’t completed their training, then it is his position that the vacations won’t be approved.

Councilwoman Baker stated that in a report she got from Nancy it stated that John would be on vacation June 14^th-June 21^st and her vacation is set for July 1^st - 12^th and Honey Potter would be on vacation beginning June 14^th also. It was the consensus of the Board that if there isn’t any coverage then no vacations.

Councilwoman Baker stated an ad was run and there were a couple responses.

Supervisor Gutheil stated the merits of the applications would be discussed in Executive Session.

Councilwoman Baker asked the Board what they wanted to do about power washing and painting of the Town Hall. In prior years quotes were received and no action was taken on them. Councilman Prendergast stated that there would be a vote on it this year, yes or no. It was the consensus of the Board that one contractor should do both the power washing and painting and the windows and vinyl siding on dormers should be done under a separate work order. The Board also wanted the handicapped ramp and railings painted.

Councilman Prendergast instructed the Recreation Director at this meeting to fertilize and water the lawn around Town Hall.

Joe Patricke asked about getting a new Nextel Phone for the Town Clerk’s Office so they can contact the Water Superintendent. The Board authorized a phone to be purchased. Stephen Gram stated he would order one.

Councilman Prendergast reported on a Recreation Commission Meeting that he attended at the Rec. Park. The Recreation Commission discussed the possibility of charging a small fee for use of the pavilions and fields in the park. Stephen Gram supplied the Town Board with information on what other Towns charge for fees. Discussion followed.

Supervisor Gutheil said he didn’t think the Recreation Commission understood the finances of the Town and how the Town functions. He would vehemently oppose the charging of fees. The people who use the park pay taxes and if we charge fees there will be programs that won’t survive. It is ill founded. In regards to a comment made by the Recreation Commission about the fields going downhill, there must be a reason why? There is money in the rec. budget each year that isn’t spent. It can’t be blamed on money. It comes down to management. Fees are a hidden tax. When the softball tournament is in Town they stay in our motels and use our stores. We are marketing our town and economic development when people come into our Town.

Councilman Kusnierz didn’t agree with the argument made by Supervisor Gutheil that the fees are hidden taxes, in that, we charge for building permits. Everybody pays taxes in this Town and they still have to come in and pay a fee to build something.

Supervisor Gutheil stated this erupted over the last week or two and he had people come into his office and call him concerned about fees. American Legion was one.

Councilman Prendergast stated that they shouldn’t think about instituting fees in the middle of a season, it may have to wait until next year. However, it does bother him that people pay to join an organization who live outside the Town, who don’t pay taxes, and use our park for nothing, when he pays for the fields as a taxpayer. He also hasn’t seen the park bringing business to Route 9 and solving our problem down there. It will take more than that park to resolve it. He doesn’t want to charge Town of Moreau Residents, but when people from other areas come in and use our park for free, he has a problem with this.

Stephen Gram said that only out-of-town residents should be charged. He stated that there were four buses in the park today and they were from Fort Edward Schools and Queensbury Schools.

Councilwoman Baker stated that if a club or something impacts our budget, for paint for example, maybe they could help pay for the paint.

Councilman Prendergast stated that Queensbury charges for use of their park and economically they have grown more than us.

Councilman Kusnierz stated that the fees would be dedicated to the rec. department budget. It would be a small price to pay to expand our rec. opportunities to our youth in the community. It is an investment in the youth of our community. It is something we should take a look at.

Councilman Prendergast stated it might take some of the burden off the taxpayers.

Supervisor Gutheil stated that the people don’t like taxes and fees. We are sitting with a fund balance and we are going to raise more money, it doesn’t make sense.

Supervisor Gutheil stated the Recreation Committee could review it and project the revenues it will raise and decide if it is a net gain or not.

It was the consensus of the Board that they wouldn’t support any restructuring of fees until next year.

Stephen Gram reported there is a Girl’s Softball Camp coming up June 30-July 3 and they want to use the park. The camp director charges $50.00 per person to run the camp. Stephen Gram was told this camp has been held for the last six years. The Board asked him to provide this information to them in writing and they would make a decision. They weren’t aware of this camp from previous years.

A bingo complaint was received and the Town Clerk checked it out and wrote a letter to complainant. There doesn’t appear to be any further action necessary unless the complainant disagrees with the findings.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to increase appropriations and revenues in Water District #5 as follows:

Increase Appropriations by $325.00 in V8310.1 (Personal Services)

Increase Appropriations by $200.00 in V8310.424 (Administration-Water Meters)

Increase Appropriations by $675.00 in V8340.405 (Transmission & Distribution-Equipment Repairs)

Increase Revenues by $1,200.00 in V2144 (Water District 5 – Taps & Entrances)

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 Reliant Energy has been on a letter writing blitz. They have written to the Board of Supervisors, the Schools, more of the same thing we have anticipated. He guessed they would go for a paid ad somewhere along the line with a message.

Adelphia has sent letters to homeowners on the Clark Road regarding extending cable to that area. One resident claimed the letter asked for $395.00 towards the cost of it. They apparently want 20 homes in one mile to install cable and if there aren’t 20 homes then they come up with an estimated cost and ask the people to contribute. Supervisor Gutheil stated the franchise is a ten-year agreement. He has let Adelphia know that they should be ready for the next franchise agreement, because there is no reason why those people shouldn’t have cable.

The EPA announced they have picked twenty-four potential sites for their dredging operation. Two are off the West River Road in Moreau. Supervisor Gutheil reported what took place at the Board of Supervisor’s Dredging Committee Meeting the other day. [amended 6/24/03]

Councilman Prendergast said he would meet with the Town Supervisor and the company installing the fence around the Soccer Bowl in an attempt to resolve the problem encountered with installation of the fence.

The Highway Superintendent and Supervisor received a request for Karen Lane to be blocked off for a "Block Party" on June 28^th. Steve Barody responded to the request and will put up drop off barricades. The emergency services should be notified. [amended 6/24/03]

A letter was received from Tru-Green Lawn Care. A Credit Collection Company called the Town and they were informed that the bill from Tru-Green was being disputed.

Tru-Green thinks they should be allowed to reapply the fertilizer.

At this point in the meeting the Town Board completed SEQR, Part II of the EAF, for the Sherwood Forest Lighting District being proposed. Part I of the EAF was completed by the owner of the Subdivision. The Town Board answered "no" to all of the answers in Part II. Part III of the EAF was filled in that the proposed project will not result in any significant adverse environmental impact.

Councilman Prendergast left the meeting room briefly.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to issue a Negative Declaration and authorize the Supervisor to sign Part III of the EAF.

Councilman Kusnierz left the meeting room briefly.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Councilman Prendergast left the meeting for the evening.

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

WHEREAS, the Town Board of the Town of Moreau (hereinafter the "Town Board") was presented with a petition pursuant to Town Law Article 12 for the establishment of a lighting district located in a subdivision on the south side of William Street in the Town of Moreau, Saratoga County, State of New York, and

WHEREAS, the Town Board issued an Order on May 27, 2003 directing the Town Board to hold a public hearing to consider the Petition; and

WHEREAS, the Town Board met on June 10, 2003 at 6:50 p.m. to consider the Petition and heard all interested persons concerning the establishment of the proposed district, and said hearing was held upon notice with evidence given thereat; and

WHEREAS, a certified copy of said Order was published in the Post Star on May 31, 2003; and

WHEREAS, all of the property and property owners now present or in the future within the proposed district will benefit by the establishment of the proposed lighting district; and

WHEREAS, all of the property and property owners now present or in the future benefitted are and/or will be included within the limits of the proposed district; and

WHEREAS, it is in the interest of the residents of the Town of Moreau to grant in whole the relief sought in the Petition.

NOW, THEREFORE IT IS HEREBY RESOLVED, that the petition to create the lighting district is granted and the lighting district shall be known as the Sherwood Forest Lighting District and the Town Clerk shall file a certified copy of this resolution in the office of the State Department of Audit and Control in Albany, New York, together with an application, in duplicate, for permission to create such district with ten (10) days hereafter; and the Town Attorney and the Town Supervisor of the Town of Moreau is hereby authorized to execute and verify said application which shall include:

A certified copy of the petition, an itemized statement complying with Town Law Section 194 (3) (a) (2) and a statement of the aggregate assessed valuation of the real property situated in the proposed district, as such assessed valuations are shown on the last completed assessment role of the Town of Moreau prior to the date of the application and a statement of the average of full valuation of the taxable real property of the Town and a statement as to the manner in which it is proposed to finance costs of the improvement if any.

IT IS FURTHER RESOLVED, that the Town Clerk shall cause a certified copy of this resolution to be recorded in the office of the clerk of the County of Saratoga within ten (10) days hereafter.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to adjourn to the meeting to Executive Session at 10:04 p.m. to discuss Fleet Bank Litigation, Personnel, Niagara Mohawk, Erie Blvd., Reliant and National Grid, Cranesville Litigation and CSEA.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

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 Councilwoman Baker and seconded by Councilman Kusnierz to adjourn the Executive Session and re-open the Regular Session at 11:15 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

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

During the Executive Session the Town Clerk researched one question the Board had on the amount of a voucher that was listed in the minutes of the Month-End Audit Meeting held on May 29^th. The amount listed was correct. Therefore, the Town Board approved the minutes as follows:

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to approve the minutes of the May 29^th Month-End Audit Meeting with the corrections noted at the beginning of this meeting.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Abstain

The Town Clerk also brought back into the open session the Borden Chemical Water Bill for the month of May for approval by the Board.

Water District 3

Usage Period: 4/29/03-5/29/03

Billing Date: 5/30/03

Borden Chemical

P.O. Box 1310

Columbus, OH 43216

Location: Farnan Road

Moreau Industrial Park

Water Consumption: 1,925,000 gallons

Amount Billed: $4,004.00

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett to approve the Borden Chemical Water bill for the month of May in the amount of $4,004.00 for 1,925,000 gallons of water consumed.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

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

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury, Town Clerk