A regular meeting of the Town Board of the Town of Moreau was held on May 12, 2003 in the Town Office Building, 61 Hudson Street, South Glens Falls, New York.

Supervisor Gutheil called the meeting to order at 7:15 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

Town Board Members Absent:

None

Also Present: Jeanne Fleury, Town Clerk; Martin D. Auffredou, Attorney for the Town; Mike Shaver, Water Superintendent; Nancy Ryan, Transfer Station Clerk; Steve Barody, Highway Superintendent; Joe Patricke, Building Inspector/Code Enforcement Officer; Ron Gilligan and Paul Ryan from the Highway Department; Stephen Gram, Recreation Director; and guests.

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

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

April 22^nd, April 28^th, May 1^st (2 Sets)

Supervisor Gutheil referred to Page 162, under the heading "Meetings/Workshops Scheduled"; it mentions a Public Hearing to be held on May 12^th at 6:45 p.m. regarding a Lighting District for Sherwood Forest. Supervisor Gutheil stated that the Public Hearing would not be held on May 12^th. It was not advertised. He asked how much notice was needed? Attorney Auffredou stated he was looking at the first meeting in June. Supervisor Gutheil asked the Board if June 12^th at 6:50 p.m. worked for them to hold the Public Hearing on the Lighting District for Sherwood Forest and the Board replied yes.

Supervisor Gutheil asked the Board Members if they wanted to have Attorney Auffredou review the minutes before they are approved in the future due to litigation and the scrutiny the Town is being put through. The Board was fine with this.

Page 170 – 4^th line from bottom of page – "Dave Houlan" should read "Dave Youlen"

Supervisor Gutheil noted that on Page 171 – Last Resolution on Page – Bob Archambault’s pay rate shows as $7.25 and it should be $7.75. A vote will be taken to change this pay rate under Supervisor’s Items towards the end of this meeting.

Page 175 – 1^st Paragraph – 2^nd line – "20’6" wide" should read "20’ to 20’ 6" wide"

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to approve the minutes of April 22^nd and April 28^th as corrected and with the comments above so noted.

Roll call vote resulted as follows:

Councilman Hewlett Abstain

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Approval of these minutes was tabled. Supervisor Gutheil stated that the minutes show that the Moratorium on Waste Disposal expires June 1^st and he isn’t sure this is correct. He asked Attorney Auffredou to advise the Board on this.

Page 178 – 3^rd Paragraph from bottom of page – 1^st line – "Mack Truck" should read "Truck #2"

Page 185 – 2^nd Paragraph from bottom of page – next to the last line – "$1,016.30" should read "$516.30"

Page 186 – "Aduited Claims" should read "Audited Claims"

Page 186 - The amounts of claims paid under General Fund, Town Outside and Highway Funds should be changed as follows:

General Fund Claims paid – Change from $345,447.76 to $38,245.68

Town Outside Fund Claims Paid – Change from $12,574.86 to $3,638.36

Highway Fund Claims Paid – Change from $49,826.03 to $8,044.46

When taking the totals from the warrant to include in the minutes the Town Clerk inadvertently included amounts paid out for things like payroll, medical insurance, Trust & Agency, etc. that are not actual vouchers submitted for audit.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to approve the minutes from the Month-End Audit Meeting held on May 1^st at 3:30 p.m. with the above

corrections so noted.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Abstain

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Month-End Audit Meeting for May was scheduled for May 29^th at 3:30 p.m. 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 Kusnierz to receive and file monthly reports from the following department heads:

Town Clerk, Assessor, Transfer Station, Dog Control Officer, Supervisor, Building Inspector, Water Superintendent, Highway Superintendent, Recreation Director.

Supervisor Gutheil referred to Mike Shaver’s report. He had asked him to take a look at the 2" water line that comes down Washington Road from Feeder Dam Road to Wynnefield Drive. According to Tim Burley there is a possibility of installing just a yard hydrant until we do the whole project and this will give Mike Shaver a way of flushing. It is okay the way it is now, but something we should keep an eye on.

Supervisor Gutheil thanked Steve Barody on his report of overtime hours compared to a year ago for the month of April. There is a significant difference. It was a tough winter.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A request was received from the Highway Department for a modified work schedule for the period of June 2, 2003 through September 26, 2003.

Supervisor Gutheil asked if there was any change from last year except the dates and Ron Gilligan, CSEA Unit President, said no.

A motion was made Councilman Hewlett and seconded by Councilwoman Baker to approve this request and authorize the Supervisor to sign the schedule.

Supervisor Gutheil asked Attorney Auffredou if there was any impact on our negotiations if this is approved?

Attorney Auffredou stated he would like to see some standards adopted with respect to this resolution. However, he does not have any language drafted for this meeting.

Supervisor Gutheil stated he didn’t have any problem granting this request, it has always worked well, but if counsel has suggested standards be incorporated then we should follow his recommendation. He asked if Councilman Hewlett if he wanted to amend his motion.

Councilman Hewlett amended his motion to approve the modified work schedule with standards to be outlined by Attorney Auffredou and incorporated into the approval.

Councilwoman Baker seconded the amended motion.

Councilman Kusniez asked if they could approve this without seeing the draft standards?

Councilwoman Baker wondered this too and suggested waiting until the next meeting to give Attorney Auffredou a chance to provide the Board with the language he is recommending.

Councilman Hewlett agreed to withdraw his motion and Councilwoman Baker agreed to withdraw her second.

Attorney Auffredou was asked to prepare the language and get a copy to the Town Board and the Highway Department before the end of the week.

Supervisor Gutheil stated that in concept he didn’t have a problem with this request and didn’t think any of the Board Members did either.

Supervisor Gutheil received a revised scope of work under the proposed agreement with Greater Glens Falls Transit to conduct a traffic study. He wasn’t sure it was right yet. He was also surprised that part of their policy was to have the Town of Moreau pay 25% of the cost. We should limit ourselves to a dollar amount (lump sum), because their proposal was $5,000.00. Also, they are trying to limit the study to two of the most viable routes and all routes should be studied. Some more work needs to be done on the scope.

The Public Hearing was held at 6:50 p.m. prior to this meeting and it was not closed so no action will be taken tonight.

A resolution was presented at a previous meeting to amend the Empire Zone Boundaries and it was tabled.

Supervisor Gutheil received a call from SEDC and they requested that the Town Board pass a resolution at this meeting amending the boundaries of the Empire Zone.

The Town Clerk read the resolution.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz waiving the reading of the lengthy, multi-page, metes and bounds description of the zone boundaries.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The following resolution was introduced by Councilman Prendergast and seconded by Councilwoman Baker.

WHEREAS, New York State has created the Empire Zone program to encourage industrial and commercial development in selected municipalities including Saratoga County; and

WHEREAS, Saratoga County received designation of an Empire Zone pursuant to New York State General Municipal Law § 958 (c) on December 18, 2001; and

WHEREAS, Saratoga County intends to authorize the submission of an application for the revision of areas within Saratoga County as an Empire Zone; and

WHEREAS, the County of Saratoga wishes to designate certain areas within the Town of Moreau as part of the proposed Empire Zone so as to encourage industrial and commercial development and to allow for the creation of an additional sub-zone in the Town of Moreau; and

WHEREAS, the Town of Moreau is desirous of working with Saratoga County through the Empire Zone Program to provide enhanced job opportunities for its residents.

NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Moreau, New York, that it fully supports and concurs with the County’s actions to authorize and submit an application for a revision of the boundaries of the Saratoga County Empire Zone.

BE IT FURTHER RESOLVED, that the revisions to the Saratoga County Local Law 4 - 2002 authorizing the revision to the Saratoga County Empire Zone include the following property descriptions for areas in the Town of Moreau:

1. Along a curve to the right an arc length of 524.26 feet to a point of tangency, said curve having a radius of 2,164.42 feet and a chord length of South 02 deg. 38 min. 58 sec. West, 522.98 feet;
2. South 09 deg. 35 min. 13 sec. West, 50.00 feet to a point of curvature;
3. Along a curve to the left an arc length of 485.80 feet to a point of tangency, said curve having a radius of 2,903.32 feet and a chord length of South 04 deg. 47 min. 36 sec. West, 485.24 feet;
4. South 00 deg. 00 min. 00 sec. East, 302.44 feet to a point in the centerline of a 60-foot wide right of way known as Corporate Place as shown on said maps;

1. South 00 deg. 00 min. 00 sec. East, 436.15 feet to a point;
2. Along a curve to the left an arc length of 213.21 feet to a point located 40 feet west of the westerly boundary line of the 60-foot wide right of way of the possible future southerly extension of Farnan Road as shown on said maps, said curve having a radius of 120.00 feet and a chord length of South 02 deg. 42 min. 38 sec. East, 186.25 feet;

1. North 24 deg. 39 min. 27 sec. West, 318.47 feet to a point;
2. North 62 deg. 21 min. 10 sec. West, 132.15 feet to a point;
3. North 36 deg. 25 min. 53 sec. West, 65.56 feet to a point;
4. North 10 deg. 03 min 12 sec. West, 202.12 feet to a point;

1. North 71 deg. 13 min. 46 sec. East, 331.89 feet to a point;
2. South 68 deg. 15 min. 03 sec. East, 190.00 feet to the point of beginning of the Town of Moreau #1C Empire Zone and containing 29.883± acres.

1. South 18 deg. 24 min. 43 sec. East, 214.10 feet to a point;

    

2. South 04 deg. 51 min. 37 sec. East, 51.75 feet to a point;
3. South 17 deg. 24 min. 56 sec. West, 231.06 feet to a point;
4. South 12 deg. 38 min. 20 sec. West, 170.89 feet to a point;
5. North 86 deg. 21 min. 22 sec. West, 113.49 feet to a point located 40 feet east of the easterly boundary line of the right of way of the 60-foot wide possible southerly extension of Farnan Road as shown on said maps;

1. North 90 deg. 00 min. 00 sec. East, 30.00 feet to a point;
2. North 00 deg. 00 min. 00 sec. East, 40.00 feet to a point in the common division line of Lot 3, on the north, and Lot 2, on the south;

1. North 00 deg. 00 min. 00 sec. East, 116.35 feet to a point;
2. Along a curve to the right an arc length of 814.56 feet to a point having a radius of 2,723.32 feet and a chord length of 453.09 feet and a central angle of 09 deg. 35 min.13 sec.;
3. North 09 deg. 35 min. 13 sec. East, 73.50 feet
4. North 90 deg. 00 min. 00 sec. East, 264.00 feet to a point;
5. South 00 deg. 00 min. 00 sec. West, 32.63 feet to a point;
6. South 64 deg. 46 min. 34 sec. East, 293.72 feet to a point;

1. North 62 deg. 38 min. East, 451.25 feet to a point;
2. North 45 deg. 02 min. East, 86.90 feet to a point;
3. North 15 deg. 00 min. East, 17.00 feet to a point;

                            Thence along said common division line the following two (2) courses and distances:

1. South 13 deg. 53 min. West, 550.00 feet to a point marked with an iron pipe in concrete;
2. South 47 deg. 33 min. West, 800.00 feet to a point;

1. South 40 deg. 48 min. 12 sec. East, 325.00 feet to a point;
2. South 37 deg. 25 min. 40 sec. West, 122.58 feet to an angle point in the common division line of said lands now or formerly of Moreau Park, Inc. Lot No. 26, on the north, and said lands now or formerly of Moreau Park, Inc. Lot No. 25, on the south;

1. South 02 deg. 45 min. 50 sec. West, 202.86 feet to a point;
2. South 61 deg. 16 min. 55 sec. West, 490.00 feet to a point;
3. North 43 deg. 44 min. 25 sec. West, 234.44 feet to a point;
4. North 03 deg. 41 min. 02 sec. East, 220.51 feet to a point within said Lot No. 24, said point be 50 feet southeast of the southeasterly boundary line of the right of way of Bluebird Road;

1. North 48 deg. 26 min. 34 sec. East, 223.76 feet to a point;
2. North 49 deg. 11 min. 43 sec. East, 372.69 feet to the point of beginning of the Town of Moreau #3 Empire Zone and containing 6.971± acres.

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 he received a packet of information on the Sherwood Forest Subdivision and hasn’t had time read it thoroughly. He asked Attorney Auffredou if he had proofed the legal description and Attorney Auffredou replied, yes.

Supervisor Gutheil stated he had gone down to the Subdivision and saw where the fencing was done around the retention pond. He also saw some standing water in the retention pond and asked Joe Patricke if this would perc out and Joe Patricke replied, it would.

Supervisor Gutheil stated that the title insurance was only in the amount of $10,000.00. Attorney Auffredou advised that it was a typical amount for a value of a road.

Supervisor Gutheil said the bank letter of credit in the amount of $53,000.00 covers paving of top coat in Phase 1 & 2, seeding and topsoil of Phase 2 and fence around the retention area of Phase 2. He asked Steve Barody if he had received any indication from our engineer that this amount was sufficient to cover this work. Steve Barody replied that Jim Mitchell had looked at it and said it was okay.

Supervisor Gutheil stated the letter of credit was dated April 12, 2003 and any claims have to be presented no later than 12/10/03. It also has an automatic extension for one year, unless, 60 days prior to any due date they notify the Town that they elect not to renew. So technically, it is only binding until 12/10/03.

Attorney Auffredou asked Al Cerrone when the work would be done? Al Cerrone said the only thing that would not be done would be the topcoat on Phase 2 and that would be done next year.

Attorney Auffredou asked Al Cerrone to make sure the letter of credit is renewed.

Supervisor Gutheil asked what would happen if it is not renewed? Attorney Auffredou stated we wouldn’t issue building permits, even if the road were accepted.

Supervisor Gutheil discussed the curb boxes with Mike Shaver and Al Cerrone. It appeared they had an extension on the curb box riser and asked if this was customary? Mike Shaver said yes, we use them ourselves. They go up and down depending on the grade.

Supervisor Gutheil noticed the depth of the storm water basin was a lot higher on the curb than the one on the backside. Steve Barody said it would be lower on the backside, because it drops off. Supervisor Gutheil asked if Jim Mitchell indicated they were built according to specs and Steve Barody said yes.

Supervisor Gutheil noticed the covers on the catch basins are different in Phase 1 than the ones in Phase 2. Phase 2 appears to be raised for the next coat on the road. Steve Barody said the ones in Phase 1 would be raised.

Attorney Auffredou stated it is subject to a Short Form EAF, Part 2. Al Cerrone, the Builder. completed Part I of the EAF already.

Supervisor Gutheil and the Town Board went through and read all the questions in Part 2 of the EAF and answered "no" to all of them. In the Determination of Significance under Part 2 the Town Board answered "no" the project did not have any adverse environmental impacts.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to accept the Short Form EAF, as completed, and authorize the Supervisor to sign the EAF.

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 Hewlett and seconded by Councilwoman Baker to declare a Negative Declaration.

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 accept the dedication of Pheasant Way, in Phase 2 of Sherwood Forest, to the Town of Moreau by Cerrone Builders and authorize the Supervisor to execute any and all necessary documents and for the recording and filing to be done by Cerrone Builders at their expense, conditioned upon the Supervisor being able to consult with counsel on any final questions that may arise.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated there were some outstanding restoration issues with the Water Project. Mr. Kory was present and stated that he was waiting for two burning bushes for 566 Gansevoort Road and the Jacobies were waiting for two burning bushes for 38 Bluebird Road.

Supervisor Gutheil stated that regarding hookups, one homeowner said he wouldn’t be available until next Fall to allow Monroe in to hook his house up to public water, due to his work schedule. Another homeowner is in the nursing home and the house is vacant, so we may have to hold off on this one. As far as the other one, we should pursue it. The Board agreed.

Councilwoman Baker advised that she called Jack Hall regarding the restoration he did. There were some houses that didn’t get done last Fall to the residents satisfaction and there were some winter issues to address, some of the seeding didn’t take.

Supervisor Gutheil noted that Hilander told him more or less that if the residents didn’t complain before then their one-year warranty was probably up. We will probably have to debate whether they are responsible for finishing up or not. We should give it until a certain date and if it is not done he could support taking over the project and completing the restoration and seek recourse through the bonding company.

Supervisor Gutheil stated that Monroe Mechanical has done all the hookups except two and he has saved us about $8,000.00.

The Highway Department requested approval to purchase of the following:

12", 15", 24" Culvert Pipe and sections from Chemung Supply in the amount of $5,000.00.

Per the Highway Superintendent’s Memo, Chemung Supply is the acting agent for Advanced Drainage Systems, Inc., which is listed on New York State OGS Contract Award List; Group 37702, Award #02866, Contract #PC59995.

750-800 Gallons of Crack Sealer from Midland Asphalt Materials, Inc. in the amount f $10,000.00 under New York State OGS Contract Award List: Group 31505, Award #02870-RA, Contract #PC59903.

A purchase order was made out to Watkins Spring in the amount of $1,030.14 for two springs for Truck 16 to replace broken springs.

Brief discussion followed.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz approving the above purchases.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

On April 4, 2003 bids were received and opened for the purchase of a Truck Cab & Chassis and Body, Hoist and Snowplow Equipment by the Town of Moreau. Two bids were received for the Cab & Chassis and one bid was received for the Body, Hoist & Snowplow Equipment. The Highway Superintendent provided the Board, prior to this meeting, with prices under State Contract, per their request. The Freightliner was under state contract and Steve Barody stated he preferred the Freightliner, because it had an aluminum cab and two-year guarantee. Supervisor Gutheil noted that it appeared from the information that Tracey Freightliner was almost the same price as the State Contract price. Steve Barody stated the aluminum cab would last longer.

Brief discussion followed on the Highway Budget. $130,000.00 was budgeted for the purchase of this truck and they were looking at a $137,000.00 purchase. Steve Barody stated that there was $4,000.00 budgeted for a trailer that he could forego and $21,000.00 was budgeted for a paver. Councilman Kusnierz asked Steve Barody if he was still looking to purchase a paver? Steve Barody stated he was looking for one.

Supervisor Gutheil said he had a real problem with only one bidder on the box, it is a $50,000.00 item. He would like to know why. Steve Barody said other municipalities are only receiving one or two bids. He stated there are only two places to buy boxes from in this area and that is T&T Sales and Arrowhead who make plows for municipalities. Supervisor Gutheil wondered if it was because it was being bid together. Steve Barody stated that usually the same company installs the hydraulics and box together.

Supervisor Gutheil asked Steve Barody if the bid specs called for an aluminum cab and Steve Barody said yes. Supervisor Gutheil said, then H&L Gage didn’t meet specs? Steve Barody said this was correct and it was also $87,871.00 and their bid stated their bid was only good for 10 days. Supervisor Gutheil asked what the 7600 series tuck was and Steve Barody stated it was the smaller truck that H.L. Gage bid $83,415.00. The 5600i is the big truck with aluminum cab and the 7600 SBA is the one with steel cab. Supervisor Gutheil said then Tracey Freightliner’s Bid 1A is the lower of the two at $83,518.95 and Steve Barody replied yes and they met all the specs.

Discussion followed on the budget.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast authorizing the purchase of a 2004 Freightliner Cab & Chassis from Tracey Freightliner per their Bid Item 1A in the amount of $83,518.95 and the Body, Hoist and Snowplow Equipment from Arrowhead Equipment per their Bid Option 1 in the amount of $53,711.00, for a total of $137,229.95 from DB5130.2.

Supervisor Gutheil stated for the record that the Highway Superintendent has represented that the A7600 Truck in the bid from H.L. Gage, in the amount of $83,415.00, did not meet specs.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Stephen Gram said he would like to recommend payment of Lewis Electric, he is all done with his services. There was a small reduction, because he couldn’t find the panel cover for the pump house so the total price will be $7,587.00 rather than $7,629.00.

Supervisor Gutheil advised he should submit a completed voucher for this month’s audit.

Discussion followed on the panel cover. It is a major safety violation according to the electrician. It is Nema 3R Panel. When you open the outside panel cover to shut off the breaker that shuts off the scoreboards you are looking at 220 amps in there.

Councilwoman Baker asked what he suggested. Stephen Gram said that the panel box would have to be replaced. The cover couldn’t be matched; it is 30 years old.

Supervisor Gutheil suggested having one made out of sheet metal.

The electrician suggested, as an alternative, to discontinue using the breaker as a switch and put an outside switch in. It has an outside cover.

Mike Shaver said he could meet Stephen Gram at the old Water Plant and he might be able to help him out.

In the meantime, the Board directed the Recreation Director to lock the panel box and secure it.

Stephen Gram received two quotes to pave the road into Moreau Rec. from the gate off Route 32 around to field 4 and the lowest was $23,000.00. Supervisor Gutheil asked Stephen Gram to put the quotes in the Board’s mailboxes. Stephen Gram was then asked to get quotes on paving the whole road from Jan Avenue, gate to gate.

Supervisor Gutheil stated there was a question about whether we have a contract with Chem Lawn or not. Chem Lawn claims to have a contract with the Town. . A contract hasn’t been found and they haven’t provided a copy. Stephen Gram has called them two or three times and asked them to fax a copy of the contract and hasn’t received any response. Chem Lawn threatened to sue the Town if they don’t get the fertilizing job, because they claim to have a contract. Supervisor Gutheil asked the Board if they wanted to go ahead with Davey Lawn Care and the Board said yes, pending the paperwork from Davey being forwarded to Attorney Auffredou for review and approval.

Supervisor Guthiel advised that in the minutes of the April 22nd meeting the hourly rate of pay for Bob Archambault was listed as $7.25 per hour and it should be $7.75 per hour. He was paid $7.50 per hour last year.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast correcting the minutes of April 22, 2003 to reflect the hourly rate of pay for Bob Archambault to be $7.75 per hour rather than $7.25 per hour.

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 rehire the following laborers:

Wayne Tanner Pay set at previous meeting

Craig Seybolt $7.25 hour

Shane Carpenter $7.25 hour

Tony Buttino $7.25 hour subject to favorable pre-employment physical

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 he met with Ed Burt, Howard Weller and Stephen Gram regarding the wrestling program. Fran has the paperwork she needs to pay Ed Burt. He said he thinks the Board agrees that things will be differently in the future. We want to support the wrestling program.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast authorizing payment to Ed Burt for the Wrestling Sessions he held this season.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye No [amended 5/27/03 jf]

Supervisor Gutheil Aye

Supervisor Gutheil advised that Fitzgerald Brothers has been picking up the empty bottles and we haven’t received a credit for some time. They are checking it out. They have asked for enclosures to be put around their vending machines in the Rec. Park to prevent vandalism. We

have a contract with Pepsi that is worth $12,000.00 a year to the Town. It was agreed by the Board that it was their intent to make this contract with Pepsi work.

Discussion followed on the condition of the bathrooms at Rec. Park. The Board directed the Recreation Director to have repairs done to the bathrooms and for the bathrooms to be locked at night. They also asked him to obtain prices on security cameras.

Stephen Gram advised that the broken toilet that was leaking has been fixed and there is still a leak in the water system done there.

Supervisor Gutheil reported receiving two complaints from people, one from Lake Luzerne and one from Hudson Falls who tried to get a sticker from the Transfer Station to bring in garbage from properties in the Town of Moreau. One gentleman brings garbage from his son’s property in Moreau. He thought we should watch this closely and perhaps we could have different a different color sticker for these situations. Discussion followed. The Transfer Committee will meet to discuss this further. In the meantime, they will be allowed in.

Supervisor Gutheil stated we may need some help with the Labor Law Citations, we have until May 21^st to resolve the citations. He asked the Personnel Committee for help with this.

Discussion followed on tub grinding.

Supervisor Gutheil advised Attorney Auffredou that the Board held a workshop on the proposed Waste Law and they considered doing away with the permit process. They also need to know when the moratorium expires.

He mentioned a call from Paul Hare and their plans to pump out approx. 850,000 gallons of water from the slurry containment wall on the GE/Moreau Dumpsite and they want to treat it on site.

Supervisor Gutheil reported receiving FOIL Request #8 from Hiscock & Barclay. We will be responding to.

Councilwoman Baker reported that she contacted Kathy Brown about planting flowers around the Town Hall. She also reported that the on September 19^th there would be a Fundraiser Kickoff Campaign for the Moreau Community Center.

Supervisor Gutheil stated that the Community Involvement Plan that the EPA has come out with includes what is called a "CAG", Community Advisory Group. Supervisor Gutheil thought that the communities along the river, in the dredging section has been short-changed by the number of people representing communities on the CAG. Saratoga County has gone on record asking that each town along the river be represented better. He would like to submit this comment to the EPA in response. He asked for a resolution asking the EPA to put each Town Supervisor from the communities along the river in the dredging area on the CAG.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz as follows:

RESOLVED, it is hereby requested of the EPA that the Town Supervisor from each community along the Hudson River serve on the CAG (Community Advisory Group) in the area the dredging is to take place.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported there was a spill at the Exit 17 Mobil Station. He noticed excavation equipment was there the other day. He spoke with DEC about this and it appears the oil/water separator is tied into the stormwater and this is a no-no if it is. These are the problems he has brought to the Board before and he recused himself from the discussions, because he didn’t want a conflict of interest, because he owns the land contiguous to it. He said the situation is not good and somebody should get on top of it. It is an enforcement thing and there is no question in his mind that somebody should be looking at whether or not they should keep their special permit.

There will be a dedication of the new Fire Station on Route 197 on May 31^st, Noon until 5:00 p.m.

A letter was received from the South Glens Falls Central School District changing the date they want to use the Town’s voting machines to June 3^rd. A resolution isn’t necessary; the Town Board has approved it previously.

Supervisor Gutheil reported receiving a notice that D.A. Collins Mining Permit has been approved by DEC, with a copy of the permit attached, for their mine on South Road (the old Shaw Pit). Cranesville Mining Permit has been approved by DEC also.

Supervisor Gutheil reported receiving a recision and reestablishment of the 2003 Tentative Special Franchise Assessment of Niagara Mohawk. The Assessor is researching this.

The new State Contracts are out for wood chippers. Supervisor Gutheil stated it appears we may be able to buy the diesel or gas one within budget. This may be an item for the agenda for the next meeting. We received a 50% grant to purchase a chipper.

Kevin Elms has expressed an interest in serving on one of the Boards that have vacancies. An interview with Kevin Elms was scheduled for May 27, 2003 at 6:45 p.m.

The Greater Glens Falls Transit is looking at raising fares. Supervisor Gutheil and Mayor Phinney attended a meeting over there and they asked them to look into increasing our contributions a small amount rather than increasing fees. When their proposal came back to Mayor Phinney and Supervisor Gutheil it was their opinion that the proposal showed a significant increase. So we may have to go back to their original proposal of raising fees. The Transit Department is purchasing small buses for certain routes.

As a reminder, Supervisor Gutheil advised that we still don’t have a Bingo Inspector so that means it is the Town Board’s responsibility unless we appoint somebody.

Supervisor Gutheil wondered if we should take a look at the proposed lighting district for Sherwood Forest and see if it is feasible to have a light installed at the corner of William Street and the two roads going in and out of the development.

The mortgage tax to be received was in the amount of $30,133.50 vs. $20,594.50 in 2002. [amended 5/27/03 jf]

A Notice of Complete Application has been received for a Freshwaters Wetlands Permit in the name of Niagara Mohawk and National Grid for the use of herbicides.

A Town Historian still hasn’t been appointed. One application was received. Supervisor Gutheil asked if the Town Board wanted to advertise the position again and the Board said they did.

Carla Corpus asked if her letter had been received? Supervisor Gutheil replied yes. In her letter she asked to review the Town Board Minutes prior to finalization and approval by the Town Board so she may provide input as to verbal exchange transcribed as part of the public record. Supervisor Gutheil stated they didn’t make a habit of having the minutes audited, even the Town Board doesn’t do that with the Town Clerk’s minutes. He also didn’t think this was anybody’s duty other than the Town Clerks.

In the letter from Carla Corpus she asked for it to be made a part of the record as an alternate and Supervisor Gutheil was of the opinion that her letter is here and is available if anybody wants to FOIL it. He stated that if she wanted to FOIL the draft minutes from the Town Clerk, she had that ability. As far as editing or writing them for her, nobody has ever tried to influence the Clerk on how she does her minutes.

Discussion followed.

Supervisor Gutheil also advised Carla Corpus that Hiscock and Barclay has Foiled all the minutes and she has the ability to critique them now, if she wants to and she can comment on them.

Supervisor Gutheil said we need a motion to go into Executive Session to discuss, Cranesville, Personnel, CSEA, Capone vs. Town of Moreau, Fleet Bank vs. Town of Moreau, Erie Blvd., Niagara Mohawk vs. Town of Moreau, Reliant, National Grid.

Supervisor Gutheil asked Attorney Auffredou if there was any particular way we should frame this, since the Attorneys for Erie Blvd. have been quite critical about us having illegal meetings and how we frame our motions and things.

Attorney Auffredou said it was fine.

On advice of counsel, Councilman Kusnierz made a motion and it was seconded by Councilwoman Baker to adjourn to Executive Session at 9:50 p.m. to discuss Cranesville, Personnel, CSEA, Capone vs. Town of Moreau, Fleet Bank vs. Town of Moreau, Erie Blvd., Niagara Mohawk vs. Town of Moreau, Reliant, National Grid.

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 Councilwoman Baker and seconded by Councilman Prendergast to adjourn the Executive Session and re-open the Regular Meeting at 11:00 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 Councilman Prendergast and seconded by Councilwoman Baker approving Phil Sweet, a retiree, to be paid the Medicare reimbursement supplement.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A special meeting was scheduled for May 15^th at 6:00 p.m. in regards to Erie Blvd., Niagara Mohawk, National Grid, Reliant, for the purpose of hiring special counsel regarding hydro facilities owned by Erie Blvd.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to adjourn the meeting at 11:02 p.m. for the evening.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The meeting was adjourned.

Sincerely,

Jeanne Fleury

Town Clerk