A regular meeting of the Town Board of the Town of Moreau was held on June 24, 2003 in the Town 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 [late arrival – 7:40 p.m.]

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman [late arrival – 7:17 p.m.]

None

Also Present: Jeanne Fleury, Town Clerk; Steve Barody, Highway Superintendent; Stephen Gram, Recreation Director; Mike Shaver, Water Superintendent; Martin Auffredou, Attorney for the Town arrived at 7:57 p.m.; and guests.

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

MINUTES:

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

June 10, 2003 Public Hearing at 6:52 p.m. and Regular Meeting at 7:00 p.m.

No comments or corrections

Corrections: Page 248 – 3^rd paragraph – third line – word "out should read "our"

Page 256 – last paragraph – 1^st line – "twenty four sites" should read "twenty four potential sites"

Page 257 – 2^nd paragraph – 3^rd line – "will put up barricades" should read "will drop off barricades"

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve the Public Hearing Minutes and Regular Town Board Minutes from June 10^th as corrected:

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to accept a donation in the amount of $20.00 from Jill Fisher for use of a pavilion at the Rec. Park and for this donation to be deposited into the Capital Projects Fund for Rec.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve the following Water Billing for Borden Chemical in Water District 3, Water District 4 Billings, Water District 5 Billing and a final bill for 6 William Street for a house closing:

WATER DISTRICT 3 WATER DISTRICT 4

Customer Number: 30001 Amount Billed: $37,425.92

Bill Number: 64426 Consumption: 10,791,744

Borden Chemical WATER DISTRICT 5

Accounts Payable

P.O. Box 1310 Amount Billed: $39.53

Columbus, OH 43216 Consumption: 11,800

Location: Farnan Road FINAL BILL – WATER DISTRICT 4

Moreau Industrial Park

Usage Period: 5/29/03 to 6/23/03 Customer Number: 40055

Billing Date: 6/23/03 Bill Number: 64425

Amount of Water Consumption: 1,793,000 Donna Grover

Amount Billed: $3,729.44 6 Willow Street William Street

South Glens Falls, NY 12803

Usage Period: 3/1/03-6/12/03

Billing Date: 6/12/03

Amount of Water Consumed: 98,700

Amount Billed: $330.65

Property Sold To: Fred Smith

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

The Town Board completed Findings & Determinations for the American Legion Post 553, St. George’s Church and St. Michael’s Church Bingo License Applications. The answers to all the Findings were yes.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the Town Clerk and Supervisor to sign the Findings and Determinations for Bingo Licenses, Form BC-4, for each Bingo Organization.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast approving a request from Lori Pike, Court Clerk, to attend the 23^rd Annual Conference for the New York State Association of Magistrates Court Clerks, Inc. to be held in Saratoga Springs, New York, September 29^th through September 30^th with all necessary and proper expenses to be a proper town charge.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

[Councilman Kusnierz arrived at 7:17 p.m.]

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker authorizing the Supervisor to sign an agreement with C.T. Male for them to conduct an environmental review of the Old Highway Garage Property on William Street, at a fee not to exceed $1,700.00 and to appropriate funds from the Highway Engineering Budget Line Item.

Roll call vote resulted as follows:

Councilman Hewlett Absent

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

At one time General Electric was responsible for supplying water filters to homes in the contaminated area until the time that they were hooked up to a public water system. The used filters are being stored at the old water plant off Nolan Road. C. T. Male will be sending a proposal on how they should be disposed of. A determination must be made if there are hazardous materials inside the filters or not.

Mike Shaver asked the Board Members which engineer they wanted to use on the Reservoir Road water lines. The Board said they knew what Jim Mitchell’s and Tim Burley’s rates were and didn’t have a problem with either one. They suggested that Mike Shaver contact Tim Burley and find out what his rates are to send someone out to do the field work. Mike Shaver said he would find this out and report back to the Board on the 30^th.

Supervisor Gutheil stated that Reliant is on a letter writing blitz. The County Board of Supervisors, County Clerk, Deputy County Clerk, County Treasurer, School Superintendents, South Glens Falls Chamber of Commerce and a business in Glens Falls, who is on the South that is on the Glens Falls Chamber of Commerce, received a Letter. Supervisor Gutheil stated that what you see in the information would make a person think it wasn’t going to rain or snow anymore and the Hudson River was going to go dry. They make it look so bad you have to wonder why they bought the property and why they don’t want to sell it. Also, the 9^th FOIL Request has been received from Hiscock & Barclay. Supervisor Gutheil advised Carla Corpus, who was present from Hiscock & Barclay, that he had contacted Dave Youlen after she had said they wanted to meet. It didn’t appear there was any serious intention in wanting to put a deal together. There were conditions. He kept asking Mr. Youlen if it was for sale and he kept replying it wasn’t. The Board didn’t think it was worth a trip out.

Davey Lawn Experts submitted a time line for fertilization and they aren’t in line with the projected time lines. He discussed with Stephen Gram about combining the June 8^th and July 13^th application with an additional fertilization in September. The Board didn’t have a problem with this. Stephen Gram requested authorization of a purchase order for the fertilization, weed and grub control in the amount of $1,661.72.

Councilman Kusnierz asked why we don’t do this ourselves. Stephen Gram stated a person would have to be certified and he was. Also, equipment would be needed. Discussion followed on the possibility of doing this. The Board asked Stephen Gram to work up an analysis for next year’s budget. Discussion also followed on where to take the money from for this fertilization. It was agreed to pay for this from A7140.452.

[Councilman Hewlett arrived at 7:40 p.m.]

The black topping in the Rec. Park was discussed next and where to take the money from for this. There is $23,412.00 in annual upgrades and the rest could come out of A7310.1, Personal Services. The Board didn’t raise any objection to this.

Fitzgerald Brothers has agreed to pay for one-half ($1,350.00) of the fencing to be placed around the vending machines at the Rec. Park. Our half of the cost will be paid for out of A7140.454.

Quotes have been received to tile the bathrooms at the Rec. Park. Stephen Gram is awaiting one more quote. The lowest so far is $2,800.00.

Stephen Gram requested permission to hire the following people:

Rachael Rachel Varney Lifeguard $7.50 per hour

John ZinnickJosh Zieniuk Laborer $7.00 per hour

Nick Mattison Soccer Specialist $25.00 per session

A Youth Week Grant in the amount of $1,500.00 was received from Saratoga County and the money will be used to hold three concerts in the park on July 9^th, July 23^rd and August 6^th with free hot dogs and t-shirts for the kids.

Councilman Prendergast went back to the discussion about the tile for the bathrooms. He wondered if we were being realistic expecting lower quotes on the tiling job or if we were just holding off because we don’t want to spend the money?

Supervisor Gutheil asked Stephen Gram to review his budget and figure out where the money was going to come from and it would be discussed at the Month-End Audit Meeting.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz approving the purchase order made out to Davey Lawn Experts in the amount of $1,661.72 and the hiring of the three people listed above.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

[Attorney Auffredou arrived at 7:57 p.m.]

A Public Hearing was scheduled for July 22^nd at 6:45 p.m. regarding Water District 5, Extension 1.

Supervisor Gutheil asked what had to be done to consolidate Water District 4 & 5. Attorney Auffredou stated that it wasn’t a big deal to do. Supervisor Gutheil said it could be done later on then.

A petition was received previously from some of the residents in Spier Pines requesting street lighting. It now appears that they want to light the whole subdivision and the petition didn’t contain signatures from 50% of the property owners in the subdivision. It was the consensus of the Board that we should get an estimate of what this will cost and the layout of the poles, then a letter could be sent to everyone in the subdivision to find out if there is enough interest in proceeding and scheduling a Public Hearing. Supervisor Gutheil will inform the Mr. and Mrs. Vidnasky of this, the people who circulated the petition.

Councilwoman Baker advised that Mike Shaver has requested a short meeting of the Water Committee before the Month-End Audit Meeting to discuss Water District 5. It was the consensus of the Board that this committee meeting would be held on June 30^th at 3:00 p.m.

Supervisor Gutheil reported that he and Councilwoman Baker had looked at some of the complaints on the water restorations and they are legitimate. The gentleman that is mowing the landfill has expressed some interest in doing this work. If he doesn’t, then perhaps we should put some temporary, part-time workers on to do this. It was the consensus of the Board that proposals should be obtained to do this and the cost recouped under the bond.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the Supervisor to ratify the Flex 1 Plan with AFLAC, effective July 1^st.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A notice has been received on the Special Franchise Assessments for Ni Mo, A.T.&T., Verizon, Telergy, Time-Warner.

Supervisor Gutheil reported that A.T. & T. is looking for payment from the town on long distance service back to 1999. Bills haven’t been received for several years even though attempts were made by personnel to get A.T.& T. to send bills. Attorney Auffredou was not certain if the statute of limitations have run out on these or not. Supervisor Gutheil said he would call and talk to somebody about this outstanding balance.

The Town Clerk requested a telephone line for the computer modem. The Board wasn’t sure it was necessary and did not wish to have it installed at this time and asked the Town Clerk to bring it up at budget time.

Mike O’Connor, Attorney for Pallette Stone, requested a meeting date with the Town Board to discuss his clients mining permit application. A Special Meeting was scheduled for July 15^th at 6:00 p.m.

Mr. Carlsen from West River Road requested that the Town Board try to get the speed limit reduced on the West River Road. He has complained in the past couple of years about speeders on the road. The Town Clerk was asked to find out what section of the road he was on and send in the request to DOT.

Supervisor Gutheil received notification from DEC that Pete Barden’s Mining Permit has been approved.

Supervisor Gutheil stated that the Board Members should all have a copy of a letter that Adelphia sent to the residents on the Clark Road regarding installation of cable and how they were trying to get the people to pay for it. The people aren’t happy. Supervisor Gutheil received a notice from the Public Service Department of the State and they have offered to assist us for free during the franchise renewal process. Supervisor Gutheil stated the franchise expired 11/11/06. He asked Attorney Auffredou if the Board could negotiate with other people at this point. Attorney Auffredou stated he would have to look at the franchise agreement, but there wouldn’t be anything wrong with getting information about what may be out there without any commitment. Brief discussion followed on this.

A quote was received from Bates Construction to pour a concrete floor for the compactor with 3/8" plate for $5,000.00. Supervisor Gutheil stated that Delta Pacific sells what they call iron floors. There is an epoxy that is mixed and poured in. He thought we could do it ourselves. Further discussion on this will be held at the Month-End Audit Meeting.

Supervisor Gutheil reported that he was approached by a person who was looking to locate a landfill in the town for processed material and would offer tipping fees or some sort of host benefit. Supervisor Gutheil said he didn’t give him a warm reception. He said he would bring it to the Board, but for the gentleman not to be too optimistic.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz to adjourn to Executive Session at 8:25 p.m. to discuss Personnel, CSEA, Fleet Bank, Reliant, Erie Blvd., National Grid and Niagara Mohawk.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town Clerk did not sit in on the Executive Session.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz to adjourn the Executive Session and re-open the Regular Meeting at 9:15 p.m.

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 to hire Jake LaBarge at Rec. at $7.00 per hour on an on-call, part-time basis, as needed, subject to successful completion of a pre-employment physical.

Supervisor Gutheil wondered if the other people hired earlier in the meeting should be subject to a pre-employment physical?

It was the consensus of the Board that employees hired for the first time would be subject to a pre-employment physical.

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 as follows:

The Town Board would ratify the latest draft of the CSEA Agreement, which was sent to Jim Martin and Ron Gilligan, subject to the CSEA Unit ratifying the Agreement and subject to their withdrawal withdrawal in writing of the improper practice charge and that letter has to be sent out to ALJ Comenzo and the ratification by CSEA of the agreement by 4:00 p.m. on Wednesday, June 25, 2003 and authorizing the Supervisor and Deputy Supervisor to sign the Agreement or other Town Board Member in the absence of either one.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to adjourn the meeting for the evening at 9:20 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