A Month-End Audit Meeting was held by the Town Board of the Town of Moreau on May 1, 2003 in the Town Office Building, 61 Hudson Street, South Glens Falls, New York.

The meeting was convened at 3:30 p.m. to discuss vouchers with Department Heads.

Harry G. Gutheil, Jr. Supervisor

Rich Hewlett Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

Bob Prendergast Councilman

Also Present: Jeanne Fleury, Town Clerk; Mike Shaver, Water Superintendent; Steve Barody, Highway Superintendent; Peggy Jenkins, Assessor; Joe Patricke, Building Inspector; Stephen Gram, Recreation Director.

A bill was received from Burhmaster Energy Group for repair to the furnace in the Town Court Building on Route 9 that the Town leases from Hillman Brothers. It was noted that the Town does not normally pay for repairs of this type, but since the lease expired in 2001 and the Town has been without a new lease and the monthly rent has not increased, the Town was willing to pay this bill.

It was noted that the invoices from North Country Janitorial for rental of the mats in the meeting room do not indicate the week the rental is for and when the Supervisor spoke with North Country Janitorial they advised that they could not include this information on their invoices. The mats were only rented on a temporary basis and it was the consensus of the Board Members present that once the current rental period is up then the mats could be removed and the rental discontinued. Quotes will be obtained for the purchase of mats.

An antenna was put on the Mack truck Truck #2 and Steve Barody explained that it was a longer one that would provide better range. [amended 5/12/03 jf]

Diesel fuel was purchased for the backhoe at Moreau Recreation and Stephen Gram explained that the backhoe was used during the winter to clear the ice rink and move snow around.

Stephen Gram was only able to obtain two quotes for the replacement of safety glass windows in the loader that was vandalized at Moreau Recreation. The quotes were as follows:

Farkel Glass $325.00

Jim’s Glass $531.00

There was quite a difference in the quotes and discussion followed on whether or not the lowest quote was safety glass and if it was, was it of the same grade as the higher priced glass. Stephen Gram was asked to check this out before the purchase was made and service rendered.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker authorizing replacement safety glass for the loader that was vandalized at the Moreau Recreation Park in the amount of $325.00 from Farkel Glass.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Stephen Gram obtained three quotes for pre-emergence and weed control application to the fields in Moreau Recreation Park as follows:

Davey Tree & Law Care $678.00

Grasshopper $765.00

Hunt’s Tree Service $1,100.00

Supervisor Gutheil stressed the fact that we have to be very careful what type of chemical is applied to the fields; children play on them and expose their skin to the grass. We have to make sure to get an MSDS on the chemical before it is applied. There should be a written agreement and Attorney Auffredou should review the agreement and there should be a "hold harmless" clause.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing Davey Tree & Lawn Care of Latham to do the pre-emergence and weed control on the fields at Moreau Recreation Park per their quote of $678.00, subject to Attorney Auffredou’s favorable review, a written agreement and hold harmless clause.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Discussion followed on the posts that need to be purchased for the scoreboards at Moreau Recreation. Stephen Gram explained how the installation was proposed.

Supervisor Gutheil stated it was very important that we make sure we know what is needed below grade to support these posts and the scoreboards.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the purchase of Scoreboard I Beams and Accessories at a cost not to exceed $2,000.00 from A7145.477.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil explained how Seeley Office Systems billed the Town two or three months ago for the service maintenance agreement on the copier in break room and we hadn’t come even close to the number of copies that we were being billed for, so it wasn’t paid. We are now within 4,000 copies of using the allotted the number of copies per the service agreement so Supervisor Gutheil wondered if the Town Board wanted to pay the bill this month. He was concerned that if we waited another month to pay the bill then we could go over the allotted copies and be without a service contract. It was the consensus of the Board to pay it.

Suburban Propane submitted a bill for a delivery to Moreau Recreation and there was no signed delivery ticket. Supervisor Gutheil asked how we know that the propane was delivered. Stephen Gram stated he checked the tank and it was full. Supervisor Gutheil stated that they had been through this before and reminded the Department Heads that they should arrange these deliveries when an employee is present to sign for the delivery.

A bill was received from the SPCA and one of the charges on the bill was for three dogs picked up on Chestnut Street that were apparently abandoned, because the owner was identified and never paid to redeem the dogs. The charge was $95.50 each. Two were apparently adopted. Supervisor Gutheil suggested that Ed Hazelton check with legal counsel to see if we have any recourse. If the dogs were truly abandoned then the owner should be liable. The Board Members present didn’t object to this.

Discussion followed on the fence that was supposed to be installed around the bowl at Moreau Recreation. Problems have been encountered with the installation. It was agreed that Stephen Gram should do what he can and if needed he could involve the three Town Board Members on the Recreation Committee.

Stephen Gram advised that Linda Riggi has indicated that she will be resigning from the Recreation Commission. Supervisor Gutheil wondered if maybe it was time to abolish

the Recreation Commission, establish some Recreation Committee Advisors or keep the four remaining commission members and have them advise the Town Board.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to adjourn to Executive Session at 4:28 p.m. to discuss Personnel.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

The Building Inspector and Assistant Building Inspector were invited into the Executive Session.

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

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to adjourn the Executive Session and re-open the Month-End Audit Meeting at 5:47 p.m.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

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

The Town Clerk requested approval of a Borden Chemical Water Bill for April, a Final Bill for a house closing in Water District #4 and a correction to a Water Bill in Water District #2, as follows:

Water District 3 Water District 2-Correction to Bill

Borden Chemical                         John E. Rafferty

P.O. Box 1310                             22 Washington Road

Columbus, OH 4316                     South Glens Falls, NY 12803

Customer Number: 30001             Customer Number: 20408

Bill Number: 64416                       Bill Number: 64000

Usage Period: 3/26/03-4/28/03     Usage Period: 10/1/02-3/31/03

Billing Date: 4/28/03                     Billing Date: 3/26/03

Consumption: 2,086,000                Estimated Consumption:

                                                    10,000 Gallons

Amount Billed: $4,338.88             Actual Consumption: 64,790 Gallons

                                                   Estimated Amount Billed: $32.00

                                                   Actual Amount Billed: $207.32

                                                   Account Debited $175.32

Mr. Rafferty requested his account be changed to reflect actual reading and actual amount rather than estimate.

Donald Pratt

26 Donna Avenue

South Glens Falls, NY 12803

Customer Number: 40450

Bill Number: 64415

Usage Period: 2/25/03-4/23/03

Billing Date: 4/23/03

Consumption: 1,400 Gallons

Amount Billed: $33.50

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett approving the above Borden Bill, correction and final bill.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

The Town Clerk requested permission to purchase more mosquito dunks.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the purchase of twenty cases (2,000) mosquito dunks from Summit Chemical at a cost of $67.85 per case.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Councilwoman Baker reported that she and the Town Clerk had discussed the planting of flowers out front by the flagpole and normally we have had the Garden Club plant them (they usually donate their services) and we purchase the flowers from Kathy Brown. It was discussed about planting more perennials this time so we won’t have to purchase so many flowers every year. It was the consensus of those present that up to $300.00 could be spent for this purpose.

Supervisor Gutheil advised that the new Special Projects Aide could use more training and suggested allocating a few more hours for Mary Ann Haydel to come in and train her.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker allocating up to ten hours more for Mary Ann Haydel to train Sylvia Hanson.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the following transfers:

$20,580.00 from A9730.7 (General Fund-Debt Service-Bond Anticipation Notes) to A9795.0 (General Fund-Debt Service-Interfund Loans).

$2,000.00 from A1990.4 (General Fund-Contingent Account) to A8389.480 (General Fund-GE/Moreau Waterworks-Miscellaneous).

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

Supervisor Gutheil explained how the Moreau Industrial Park Fund has been paying back the loan from the Landfill Fund at 3% interest and right now we are not getting 3% on our money. Supervisor Gutheil thought 2% was a reasonable number and that is what the interest rate would be on a BAN.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing the Interest Rate charged against the Moreau Industrial Park in the amount of 3% to be changed to 2% for the Inter-Fund Loan from the Landfill to the Moreau Industrial Park.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to transfer $1,116.27 from B8010.475 into B8010.408 to pay a bill from General Code Publishers for the Junkyard Law Amendments Update to the Code Book.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Absent

Supervisor Gutheil Aye

The Month-End Audit Meeting was recessed at 5:10 p.m. until after the Town Board Workshop on the Proposed Waste Law was held beginning at 6:00 p.m. This will hopefully give an opportunity for the other two Town Board Members to arrive and attend the rest of the Month-End Audit Meeting.

The Town Board Workshop on the Proposed Waste Law was held between 6:10 p.m. and 6:50 p.m. (See separate set of minutes for this workshop)

The Month-End Audit Meeting was re-opened at 6:50 p.m. Councilman Kusnierz was in attendance, but Councilman Prendergast was still absent.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett to adjourn the Month-End Audit Meeting to Executive Session at 6:50 p.m. to discuss Personnel.

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 Councilman Kusnierz and seconded by Councilwoman Baker to adjourn the Executive Session and re-open the Month-End Audit Meeting at 7:05 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.

The following vouchers from legal counsel were discussed and changed as follows:

Voucher #711 – Lewis & Greer – Services Rendered 3/1/02-5/31/02 – Amount Billed $32,497.50 (Erie Blvd. Litigation)

Before this bill is paid the Town Board is requesting an explanation and may request a meeting with Special Counsel regarding this bill. The Town Board finds it unconscionable for the Town to be billed this amount almost a year later and in some cases over a year later with no interim billing, no mention of amounts due and in light of the fact that the Town has closed its books for the year 2002 and has not encumbered any money for this. Also, Counsel made the comment that their bills would be going down. The Town Board views this bill as a $32,000.00 surprise and will not be paying it at this time.

Voucher 713 – Bartlett, Pontiff, Stewart & Rhodes – Special Matters – Through 2/28/03 – Amount Billed $3,815.00. Close to $3,000.00 of this bill and maybe a little more is related to Condemnation or Article 78. The Town Board was of the consensus to hold back $1,600.00 of this bill changing the total to $2,215.80, which in turn changes the following Account Code Breakdowns on Voucher: A1420.475 changed to $1,016.30 $516.30 and A1440.475.1 changed to $1,060.50. [amended 5/12/03 jf]

Voucher 714 – Bartlett, Pontiff, Stewart & Rhodes – Amount Billed $7,141.21 of which approximately $5,516.00 is related to FOIL and Condemnation. It was the consensus of the Town Board to pay ½ of this bill. A6841.21 changed to $3,441.21, which in turn changed Account Code A1420.475.1 to $3,441.21. Grand total of bill was changed to $3,741.21 from $7,141.21. This bill will be discussed with Attorney Auffredou.

Voucher 712 – Lewis & Greer – March 2003 Services – Amount Billed $5,778.70 regarding FOIL. It was the consensus of the Town Board to deduct $2,000.00 from this bill. The Town Board will ask Attorney Lewis and Attorney Auffredou to explain who is doing what so we aren’t doubled billed.

Voucher 535 needs the signature of Councilman Prendergast before it can be paid.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett to approve payment of bills as audited.

Roll call vote resulted as follows

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

GENERAL FUND – A ACCOUNT:

Claim nos. 512-523, 526-529, 535-555, 560-595,

652, 654-658, 668-670, 672-678, 687, 708, 712-714 $38,245.68

TOWN OUTSIDE – B ACCOUNT:

Claim nos. 596-610, 624, 680, 683-684, 686 $ 3,638.36

HIGHWAY – DB ACCOUNT:

Claim nos. 611-623, 625-627, 630, 660-667, 671 $ 8,044.46

SEWER I – GI ACCOUNT:

Claim nos. 530, 629, 651 $ 14,135.98

RECREATION CAPTIAL PROJECT – HP ACCOUNT:

Claim nos. 628 $ 170.05

WATER DISTRICT I – I ACCOUNT:

Claim nos. 532, 631, 682, 688 $ 8,834.76

WATER DISTRICT II – II ACCOUNT:

Claim nos. 524, 632-639, 649, 653 $ 1,566.29

WATER DISTRICT IV – IV ACCOUNT:

Claim nos. 640, 681 $ 462.12

LANDFILL – LF ACCOUNT:

Claim nos. 706 $ 150.00

MEADOW RIDGE LIGHTING – MR ACCOUNT:

Claim nos. 533 $ 56.79

INDUSTRIAL PARK – SP ACCOUNT:

Claim nos. 709-710, 715 $ 219.50

TRUST & AGENCY – TA ACCOUNT:

Claim nos. 641-643, 685, 707, 716 $ 1,216.45

TRANSFER STATION – TS ACCOUNT:

Claim nos. 525, 531, 644-648, 650, 659, 679, 700 $ 14,055.12

TANGLEWOOD LIGHTING DISTRICT – TW ACCOUNT:

Claim nos. 534 $ 109.90

_______________________________________________________________________

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett to adjourn the Month-End Audit Meeting at 7:40 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