A regular meeting of the Town Board of the Town of Moreau was held on May 27, 2003 in the Town Office Building, 61 Hudson Street, South Glens Falls, New York.

Supervisor Gutheil called the meeting to order at 6:45 p.m.

The Deputy Town Clerk called the roll, which resulted in the following Town Board Members being present or absent:

Harry G. Gutheil, Jr. Supervisor

Rich Hewlett Councilman

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

None

Also Present: Leeann McCabe, Deputy Town Clerk; Mike Shaver, Water Superintendent; Steve Barody, Highway Superintendent; Stephen Gram, Recreation Director; Joe Patricke, Building Inspector/ Code Enforcement Officer; Wayne Bruce, South Glens Falls Fire Company President; and guests.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to adjourn to executive session to conduct interviews for a Zoning Board vacancy.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Deputy Town Clerk did not sit in on the session.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast to adjourn the Executive Session at 7:00pm.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A Motion was made by Councilman Prendergast and seconded by Councilwoman Baker to open the Regular Meeting at 7:00pm.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

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.

May 1^st, May 12^th (2 sets), May 15^th

Minutes: May 12, 2003 - Public Hearing

Supervisor Gutheil referred to page 194 and asked that the spelling of Brent Kennen be verified with Attorney Auffredou. Correct spelling of the name should be Brent Kinnan.

Page 194 - 1^st line - 2^nd paragraph "Adirondack Glens Falls Transit" should read "Adirondack Greater Glens Falls Transit".

Minutes: May 12, 2003 - Regular Meeting

Page 215 - 2^nd Roll call - Councilman Kusnierz's vote should read "No"

Page 218 - 1^st line - "mortgage tax received" should read "mortgage tax to be received"

Minutes: May 15, 2003 - Special Meeting

Page 221 - 1^st paragraph -2^nd line "Kurt Betts" should be "Kirk Betts".

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to approve the minutes from the May 1^st workshop, May 12^th public hearing, May 12^th regular meeting and May 15^th special meeting with the above corrections so noted.

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

There was discussion regarding the possible purchase of an eleven-foot mower that would service both the Recreation Park and the Landfill. Councilman Hewlett felt we should contract out for the first mowing rather than use a brand new mower.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett authorizing Stephen Gram, Recreation Director, to purchase a Jacobsen 5111, eleven foot mower at a State Contract Price of $29,595.00, with operator accountability and the possibility of the Recreation Department selling part interest to the Landfill at a later date.

Roll call 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 Councilman Kusnierz to offer this years initial mowing at the Landfill to Garden Barn, at last years proposed rate of $1,372.00 and if declined offer to the second lowest proposer from last year.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated that he had a conversation with Brad Olin from Highlander with regard to Contracts 12, 13 & 14 restorations. Brad stated that the work would be completed by the end of this month. It was agreed by the Board to wait and see if the work is completed by May 31^st and if it is not, a special meeting will be called to address this situation.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve the following Final Water Bills both in Water District 2 and to delete finance charges imposed in Water Districts 2 and 4:

Water District 2

Usage Period: 03/04/2003 to 05/27/2003

Billing date: 05/27/2003

Customer #: 20505

Bill #: 64418

Marianne Rourke

5 Pinevalley Dr.

So. Glens Falls, N.Y. 12803

Consumption: 7200 gallons of water

Amount Billed: $32.00

Final Bill property sold to Walter Haynes

Water District 2

Usage Period: 03/06/2003 to 05/13/2003

Billing date: 05/13/2003

Customer #: 20722

Bill #: 64417

George Silverstruck

1 Crocus Ct.

So. Glens Falls, N.Y. 12803

Consumption: 5700 gallons of water

Amount Billed: $32.00

Final Bill property sold to Judy Taylor & Walter Tracey

Water District 2

Delete Finance Charge

Customer#: 20159

John Ryan

59 Feeder Dam Rd.

So. Glens Falls, N.Y. 12803

Credit Amount: $5.08

Water District 4

Delete Finance Charges from Aug., Nov. 02 & April 03

Customer #: 40251

Barbara Wood

2 Astoria Ave.

So. Glens Falls, N.Y. 12803

Credit Amount: $20.62

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Mike Shaver received a complaint about a nicked underground power line. It will be hard to determine who actually nicked the line. It had been repaired before Mike was called but pictures were taken.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to set the rates for Water District 5, to be billed three times per year in March, July and October, as follows.

Residential Use: $3.35 per 1000 gallons

Industrial & Municipal use: $2.35 per 1000 gallons

Agricultural Use:(@ Town Approval) $2.18 per 1000 gallons

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Tim Burley the Engineer was down within the last couple of weeks and with Supervisor Gutheil looked for Water Tank sites. A site at the DOT garage was looked at but to get one in is quite a ways off the road. They're looking for something with a little elevation; a site behind the Highway Garage is a possibility. Supervisor Gutheil will look at the tax maps.

Supervisor Gutheil stated that we are still trying to get a two million-dollar Grant that would mean bringing water down Route 9 to Exit 17, Adams-Grover area, Fernwood area, Route 197 to Gansevoort Rd.

President Wayne Bruce presented a request for complete use of our Recreation Park the third week in June 2005. The South Glens Falls Fire Company is hosting the 2005 Hudson Valley Firemen's Convention and will need the entire Park for that week. There will be 100 to 150 Fire Company's with 6.000 to 12,000 people in attendance for this week. There will be a 3 to 4 hour parade. The main festivities will be held at the new Fire House on Route 197.

This request was referred to the Recreation Director Stephen Gram. He will discuss this matter with the Recreation Committee and will be in contact with Mr. Bruce.

Mr. Bruce also invited the Board members to attend the Open House for the new Fire House on Route 197. This will be held Saturday May 31, 2003 from 12:00pm to 5:00pm with festivities beginning at 2:00pm. Supervisor Gutheil was asked to speak at this function. He stated that he would attend but has a prior commitment and may be late.

A letter was received from Patrick Doyle from the Independent Living Center. They are applying for another Grant under HUD 202 program, which is for apartments for Seniors with low income.

He's looking for a letter of support for their Grant. Supervisor Gutheil will send a letter of interest supporting affordable housing for low-income seniors.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing a cash advance of $500.00 for Steve Barody, Highway Superintendent, to attend a Highway Class @ Cornell University from June 2, 2003 through June 4, 2003.

Roll call 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 transfer $1,000 from Account DB5110.493 (General Repairs) to Account DB5112.493.4 (Nova Chipping).

Roll call 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 approving a Highway Department request to contract with Midland Asphalt Materials Inc. for Nova Chipping, which is under State Contract #02-PWPA-30R, 5975' of Clark Road from Selfridge Rd. to Fortsville Rd. not to exceed $36,000.00.

Roll call 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 approving a Highway Department request to contract with Jointa Galusha for $10,000.00 and Peckham Materials for $5,000.00 under State Contract #03-PWCS-5R for the purchase of crushed stone as needed on various road projects.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Barody requested to contract with Gorman Brothers to grind Mott Rd. Steve was asked to get some more information and this will be addressed at the month-end meeting on May 29, 3003.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker appointing Kevin Elms to the vacant Zoning Board seat effective June 1, 3003 and to expire December 31, 2006.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing the hiring of the following:

Bob Bogdan @ Donating his time (Baseball Fundamentals)

Larry Smith @ $25.00/2 Hr.session (Soccer)

John Mossing @ $25.00/2 Hr.session (Jr. & Sr.Basketball)

Bob Archambault @ $25.00/2 Hr.session (Youth Golf)

Jeff Harrington @ $25.00/2 Hr.session (Youth Basketball, Soccer,

Volleyball & Tennis)

Patti Mattison @ $25.00/2 Hr.session (Arts & Crafts Instructor)

Gloria Bovee @ $20.00/2 Hr.session (Arts & Crafts-Assistant)

Laura Aitcheson @ $25.00/2 Hr.session (WSI Instructor)

Laura Aitcheson @ $ 8.75/Hour (Lifeguard)

Karla Carpenter @ $ 7.75/Hour (Lifeguard)

Erin Doody @ $ 7.75/Hour (Lifeguard)

Emily Knapp @ $ 7.75/Hour (Lifeguard)

Nick Mattison @ $ 8.25/Hour (Lifeguard)

Bob Munger @ Donating his time (Sr. Golf)

Roll call 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 authorizing the hiring of Howard Weller at a rate of $25.00/session for summer wrestling instruction and Edward Burt at a rate of $20.00/session as wrestling assistant.

Roll call 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 Councilman Hewlett authorizing Sports Barn (Hainer Brothers) the use of the main Baseball field for a Fall Baseball Developmental Program after Labor Day providing that the Town is named as an additional insured on their liability insurance.

Roll call 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 Councilman Hewlett accepting a Recreation Donation made by Julaine Boucher in the amount of $25.00.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast authorizing Steve Gram to contract with Rick Haag of Lawn Irrigation Systems

to repair the damaged irrigation system at a rate of $25.00/hour not to exceed $1,000.00.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Steve Gram stated that they are having a problem with vandalism at the Park. He did get some quotes for Security Cameras that ranged from $3,200.00 to a little over $5,000.00. He suggested the possibility of hiring security to work nights. Supervisor Gutheil stated that the State Police and Sheriff have offered to be in the Park after hours but would need a key. There were no objections to this.

Councilman Hewlett suggested looking at a part time security officer in the next budget.

Supervisor Gutheil stated if we are going to get into that, we should look at fencing the perimeter of the Park.

Steve spoke with Pepsi and they agreed that a chain link fence would be adequate to enclose the Pepsi machine.

With regard to the signs at the Park, The I-beams are in and the barrells came in over the weekend. They received eight barrells. Steve Barody will help get the signs up and Steve Gram will call for a price from Lewis Electric to remove the old sign.

They are also in need of an electric box. Steve will speak with Scott Corehouse and see if he can find one.

The prohibited waste moratorium expired on May 20, 2003. We need to work on either a new moratorium or focus on finishing up a law.

Carla Corpus had sent a letter from Dave Youlin and asked that the Board be copied. Supervisor Gutheil stated that if extra copies are needed that she should send them.

We have announced that on the Capone vs. Town of Moreau personal injury claim that Selective Insurance is going to be assigning Council.

Peggy Jenkins, Assessor, gave a memo on condominiums and how they effect assessments.

She also advised that Erie Blvd. has grieved their 2003 assessment.

There will be a parade on Flag Day hosted by the Elks. They will be honoring

Korean War Veterans. The Board was invited to march in the parade.

On June 21, 2003 they're doing a Korean War commemoration in the City of Saratoga.

All Korean War Veterans are invited to participate.

The Parks Bentley House is looking for four to five picnic tables, a portable toilet and a garbage can for June 6, 7 and 8. Steve Gram will take care of this.

The Town has received a check for $15,360.66 from State Emergency Management Office and FEMA. This was for the Christmas Eve snowstorm. This will go into Highway Unanticipated Revenue.

Supervisor Gutheil stated that the Environmental Assessment @ the old Highway Garage was never done. The Board agreed that it should be done. Supervisor Gutheil will call C.T.Male and see if they can get this done at last year’s proposal.

Joe Patricke was asked about the complaint at 24 Bluebird Rd. of there being 6 unregistered vehicles. Joe Patricke stated that there needed to be discussion on this matter as the law has been changed and he needs to know what to enforce. He was asked to take a look and verify the complaint.

We've received a request from the Girl Scouts looking for a project to do. Supervisor Gutheil thought that maybe they could take care of the landscaping & flower beds at the Town Hall. If there are no others suggestions within the next couple of days he'll try to set this up.

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. [Nancy Ryan requested that the minutes reflect that she insists that the gates were closed at 3:55 p.m. She wouldn’t have said 3:50 p.m. because the gates are closed at 3:55 p.m. everyday. This is only a notation for the record. The statement made above by Supervisor Gutheil cannot be corrected because that is what he actually said at the meeting.] [amended 6/10/03 jf]

A request was received from the Corner Stone Soup Kitchen and Food Pantry in Hudson Falls looking for a donation. They claim they service Saratoga County.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz authorizing the following resolution:

RESOLVED, to offer continuing support to the Saratoga Rural Preservation Company whose offices are located at 36 Church Avenue, Ballston Spa, New York 12020, and

Be it further RESOLVED that this notice is to serve to complement this organization's efforts towards continued state funding as well as additional legislative support.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil received a letter from the Census Bureau that showed a decrease in the numbers by 277. Joe Patricke requested a copy of the letter so that he can look into the matter.

Attorney Auffredou has done an addendum to Davie Irrigation fertilization contract. He has signed a faxed copy and Steve has the original.

Joe Patrice stated that there is a street light not connected to anything near the Fenimore Bridge where the construction trailer sat. He went down to the site with John Murphy last week and identified it. He's going to provide some information for the Board so that possibly a resolution can be done to take it down. Supervisor Gutheil stated that he would want credit for that light as well as all the lights on the Glens Falls Bridge.

A recess was taken at 9:00 p.m.

The meeting resumed at 9:10 p.m.

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to adjourn to executive session at 9:10 p.m. to discuss CSEA, Cranesville, Personnel, Niagara Mohawk, National Grid, Erie Blvd., Reliant.

Roll call 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 adjourn the Executive Session and re-open the Regular Meeting at 10:04 p.m.

Roll call 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 engage Kirk Betts & Holt and other special consultants, subject to Town Council approval.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to approve the 4 - 10 hour days for the Highway Department effective June 2, 2003 and ending September 26, 2003 and authorize the Supervisor to sign a revised schedule.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

There was discussion regarding junkyard permitting and to solve what controls are in place. The Town feels there is a need to get thousands of tires cleaned up and disposed of. This could be a three to four year process.

The Town suggests that they and DEC post a performance bond for remediation of tires to expedite the process. The Town would grant a temporary permit for operation with conditions; tires, bond, clean up etc. Attorney Auffredou will get together with Joe Patricke and draft a letter. The Town plans to be protective and move toward successful transition to remain in compliance in the interest of potential new owners. Joe Patricke needs to have a complete application soon in order to move the process along fairly quickly.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to adopt the following Order:

WHEREAS, the Town Board of the Town of Moreau was presented with a petition pursuant to Town Law Article 12 for the establishment of a Lighting District located in the Sherwood Forest subdivision on the south side of William Street, Town of Moreau, Saratoga County, State of New York to be known as the Sherwood Forest Lighting District; and

WHEREAS, the petition was filed by the sole owner of taxable real property located within the proposed Lighting District; and

WHEREAS, according to Niagara Mohawk Power Corporation there are no costs associated with the installation of lights in the lighting district only monthly billing; and

WHEREAS, according to Niagara Mohawk Power Corporation a total of nine (9) one hundred watt high-pressure sodium lights will be installed in the lighting district; and

WHEREAS, according to Niagara Mohawk Power Corporation the lights will be no higher than sixteen feet and will be architectural in design; and

WHEREAS, according to Niagara Mohawk Power Corporation the yearly billing charge for the aforesaid one hundred watt high-pressure sodium lights is approximately $2,856.47; and

WHEREAS, no dollars are proposed to be expended for improvements; and

WHEREAS, the Town Board of the Town of Moreau shall meet on June 10, 2003 at 6:50 p.m. to consider the aforesaid petition and to hear all interested persons.

NOW THEREFORE by Resolution of the Town Board of the Town of Moreau, it is hereby ordered;

Roll call 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 at for the evening at 10:18 p.m.

Roll call resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The meeting was adjourned.

Sincerely,

Leeann McCabe

Deputy Town Clerk