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

Niki Baker Councilwoman

Todd Kusnierz Councilman

Bob Prendergast Councilman

Also Present: Jeanne Fleury, Town Clerk; Mike Shaver, Water Superintendent; Stephen Gram, Recreation Director; Emanuela D’Ambrogio, Attorney with Hiscock & Barclay; Tom Uncher, Representing Reliant Energy; and guests.

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

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

September 25^th, October 22^nd, October 23^rd, October 30^th (2 Sets), November 3^rd

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to approve the minutes of September 25^th as prepared.

Roll call vote resulted as follows:

Councilman Hewlett Abstain

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to approve the minutes of October 22^nd as prepared.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Comment: Page 449 – Landfill Repairs – Supervisor Gutheil asked Stephen Gram the Recreation Director if he had the manpower to do the work on the landfill cap with the gator and Stephen Gram replied yes.

Comment: Page 451 – 3^rd paragraph from bottom of page regarding sales tax revenue received – Supervisor Gutheil noted that the sales tax revenue was a 10% increase over the same month last year.

A motion was made by Councilman Hewlett and seconded by Councilman Kusnierz to approve the minutes of October 23^rd with the comments so noted.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Abstain

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Correction: Page 456 – Under Audited Claims – General Fund – Add Voucher #1830 (this voucher was included in the abstract of claims and audited, but not listed in the minutes).

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to approve the minutes of October 30^th as corrected.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Abstain

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Correction: Councilman Hewlett was present at this meeting for approximately the first 40 minutes.

These minutes were received and filed only, because it was a workshop.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to approve the minutes of November 3^rd as prepared.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A Town Board Workshop to discuss Water District 1 Rates was scheduled for November 24^th at 6:30 p.m.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to receive and file monthly reports from the following Department Heads:

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

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to approve the following final water bill in District 4:

Customer Number: 40285

Bill Number: 66250

Usage Period: 9/5/03-11/12/03

Billing Date: 11/12/03

Daniel & Gretchen Payne

584 Gansevoort Road

South Glens Falls, NY 12803

Consumption: 13,700 gallons

Amount Billed: $45.90

Final Bill for House Closing - Property Sold to Joseph Sylvia

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The following two proposals were received for window cleaning at Town Hall:

Magnificent Touch Window Cleaning Service

P.O. Box 6535

Albany, NY 12206 $160.00 Spring

$220.00 Per Year Spring and Fall

Rivers R.E.C.S.

10 Old State Road So.

Lake George, NY 12845 $350.00

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to engage the services of Magnificent Touch Window Cleaning Service as per their quote for the Fall cleaning of the windows at Town Hall.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil asked the Town Clerk to arrange to have this work done and to verify the amount quoted, because there appears to be a miscalculation if they do the window cleaning both Fall and Spring. A certificate of insurance naming the Town of Moreau as the additional insured is also required.

The following quotes were received for siding and new windows on the dormers of Town Hall:

Home Improvement Gallery

10 Saratoga Avenue

South Glens Falls, NY 12803

Furnish & Install 2 PWS or 2 DH custom weld II windows 24"x341/2" $ 520.00

Furnish & Install Mastic carved Wood Siding D-4, cap windows and

Cover eaves and soffits $ 650.00

Total $1170.00

Windows & Siding by Steve

Vinyl siding on two dormers, cap window casings, custom bends,

Water tight, cover all facia & soffits on dormers. Install two

Vinyl insulated windows in dormers, pack with insulation and seal. $1950.00

($1,000.00 for materials due at signing of contract)

($950.00 due upon completion)

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to engage the services of Home Improvement Gallery per their quote, upon receipt of a certificate of insurance naming the Town of Moreau as additional insured.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett to accept a donation of $300.00 from the Faculty & Staff of ACC toward field equipment for Moreau Rec.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town of Moreau Planning Board has notified all involved and interested agencies about a proposed 49-lot cluster development on the old Cronin property off Old Saratoga Road and they are looking for comments on this proposal by November 17^th at 2:00 p.m.

A couple of requests from the Highway Department have been tabled from previous meetings until the Highway Superintendent was present to discuss them with the board and since he was not present at this meeting the board tabled his requests again.

A new request was received for repair to the loader. Discussion followed and it was agreed that more information was needed, such as, what department bought this loader, what department owns it and what departments share it. The board needs to know what department is going to bear the cost of this repair.

(Attorney Auffredou arrived at 7:20 p.m.)

Mr. and Mrs. Williams were present at this meeting regarding an old road called "River Church Road" that runs from Burt Road to West River Road. Mr. and Mrs. Williams had appeared before the Town Board at a previous meeting regarding this road. The road has apparently been abandoned for many years, yet neither the Town Board nor the attorney for the Town has been able to come up with very much information on this road. Mr. and Mrs. Williams would check with their neighbors to see if there is any reference to this road in their abstracts of their properties. Attorney Auffredou ask Mr. and Mrs. Williams to have their attorney call him.

Supervisor Gutheil stated that the tentative budget was filed with the Town Clerk by September 30^th and distributed to the Town Board. Several workshops were held and a public hearing was held on the preliminary budget. The budget has to be adopted by November 20^th.

Supervisor Gutheil also noted that this is the first time there has been no Town Highway Tax, due in part, to the strong sales tax revenue. The Town Tax Rate will increase about 9 cents per 1,000. The big hits are the utility tax certioraris. We have received ten FOIL Requests, three Article 78’s and we have no choice but to defend our assessment roll. We have been involved in the tax case for past two weeks in Supreme Court in Ballston Spa. We have budgeted for this plus some for next year with $300,000.00 being budgeted for condemnation. We have to look at all of our options. Also, NYS Retirement costs have increased from $50,000.00 to $125,000.00 and a lot of this increase is related to the stock market and 9/11. We have to look at our health insurance costs and a three-tier group. The State has to look at health care and drugs. Mortgage Tax Revenue has helped us greatly. Supervisor Gutheil cautioned that this wouldn’t always be the case.

Supervisor Gutheil stated that the board met with the Town’s health care consultant and discussed the various health care plans available. It was the consensus of the board that they would accept the consultant’s recommendation and stay with the same plan and add a two-person tier and add dental and optical.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to authorize the Supervisor to sign the necessary documents to implement the plans, subject to Attorney Auffredou’s review and approval.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to adopt the 2004 Preliminary Budget.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye (He abstained from voting on the Community Center budget due to a conflict of interest, his wife works for the Community Center.)

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the repair to the limit switch on the compactor by DLV in the amount of $920.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Town requested reduction in speed limit on the West River Road. New York State DOT reviewed and studied the request and denied it. They did not feel it was warranted at this time.

At a previous meeting the board discussed external heating devices and whether or not they should pursue a moratorium on these devices similar to what the Village of South Glens Falls is currently doing.

A letter was received from a person on the Fort Edward Road expressing their interest in having a law adopted regulating external heating devices.

The board discussed the idea and realized that in densely populated areas the smoke from these devices could be troublesome to neighbors. However, in rural areas farms use these devices to heat their barns so they serve a function in certain areas.

Attorney Auffredou suggested having Joe Patricke the Building Inspector create a record of areas that have high density and then the board could review it and decide what they want to do.

The board agreed to pursue this by studying it further.

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett authorizing the purchase of up to $175.00 worth of materials for the Eagle Scout Project.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Gary Robinson, Chuck Cronin and April O’Hern were present to discuss their proposed PUD. This proposed project was last before the Town Board on October 23, 2003, at which time a sketch plan was presented to the Town Board showing a PUD proposed for two parcels of land at the corner of Route 9 and Reservoir Road. The parcel fronting on Route 9 would remain commercial and be marketed as such and the parcel to the rear that fronts on Reservoir Road, zoned residential, would be where the proposed PUD (apartment complexes) would be built.

The proposal was back before the Town Board so that the density issue could be discussed and to get an idea from the board if they wanted this project to move ahead.

Mr. Robinson advised that he met with Joe Patricke and Joe was going to put together some numbers on the density issue.

The board members told Mr. Robinson that they had only just received the information before them and that they hadn’t heard from Joe Patricke on the densities.

Supervisor Gutheil stated that he wanted to hear from his own people and not the developers. He also wanted to see a sketch of the parking area. This is a big enough project that he wants it done right. He would have to talk to the Building Inspector before he could refer it to the Planning Board.

Attorney Auffredou advised that he had talked to Joe Patricke, this date, and Joe advised him that if it went to Planning Board on Monday Night they would simply talk to the developer about what they were proposing. They could not schedule a public hearing until they had all the information they needed.

Mr. Cronin stated that his client would like to know what information the board wants before the next time they appear before the board, that way, at the next meeting the board would be ready to say yes or no to sending it to planning.

Mr. Robinson suggested a meeting with the Supervisor and Building Inspector. Supervisor Gutheil didn't think that would necessary, he should be able to give the information to the board.

The wood chipper is ready to be delivered and Supervisor Gutheil mentioned that the Transfer Station Committee might like to be present to see the demonstration. The board also has to decide where they want to store it.

Supervisor Gutheil stated that the board has before them proposed local laws regarding mining, disposal of waste and dogs. He suggested holding a workshop to discuss all of them.

A workshop was scheduled for November 19, 2003 at 7:00 p.m.

Discussion followed on snow removal at the transfer station while John Hoey was on vacation. Someone with experience running a pay loader would be needed. It was mentioned that Andre Leroux was able to run a pay loader.

Discussion followed on the fence around the bowl at Rec. Park vs. around the perimeter of the park. Stephen Gram was asked to work on this and make a recommendation to the board. They thought there might be portions of an old fence left that we could follow that line and replace it.

Supervisor Gutheil stated that there were some vouchers that didn’t get paid during the audit meeting at the end of October. The board doesn’t usually run a warrant in between audit meetings, but the services on these vouchers are by contract and he wondered if the board wanted to take the time to audit and approve them at this meeting. The board decided to wait until the meeting on the 24^th to discuss the vouchers again.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker to approve the following transfers:

Transfer $7,000.00 from A4068.2 (General Fund – Insect Control – Equipment) and $4,000.00 from A4068.409 (General Fund – Insect Control – Contracts) and $1,000.00 from A4068.450 (General Fund – Insect Control – Supplies) and $12,000.00 from A9010.8 (General Fund – Employee Benefits – NYS Retirement).

Transfer $3,000.00 from B3410.480 (Town Outside Village – Dry Hydrants) to B9010.8 (Town Outside Village – Employee Benefits – NYS Retirement).

Transfer $80.00 from GI9060.8 (Sewer I – Hospital & Medical Insurance) to GI9010.8 (Sewer I – NYS Retirement).

Transfer $70.00 from I9060.8 (Water I – Hospital & Medical Insurance) to I9010.8 (Water 1 – NYS Retirement)

Transfer $475.00 from II9060.8 (Water 2 – Medical Insurance) to II9010.8 (Water 2 – NYS Retirement).

Transfer $75.00 from SW9060.8 (Water 3 – Medical Insurance) to SW9010.8 (Water 3 – NYS Retirement).

Transfer $310.00 from IV9060.8 (Water 4 – Medical Insurance) to IV9010.8 (Water 4 – NYS Retirement).

Transfer $2,435.00 from TS8160.409 (Transfer Station – Contracts and Leases) and $2,000.00 to TS9010.8 (Transfer Station – NYS Retirement) and $435.00 to TS9060.8 (Transfer Station – Medical Insurance).

Transfer $6,400.00 from DB1990.4 (Highway – Contingent Account) and $7,000.00 from DB9060.8 (Highway – Medical Insurance) and $13,400.00 from DB9010.8 (Highway – NYS Retirement).

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported on miscellaneous correspondence received.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker authorizing Vermont Pure to service the water cooler at Town Hall at a cost of $35.00 per year, per their proposal.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Mortgage Tax received for the month of October was $47,342.00 vs. October of 2002 when it was $29,056.00.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the Supervisor to prepare proclamations for Kellen Wilson and David Hughes who will be receiving their Eagle Scout Award on November 16^th.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adjourn to executive session at 9:27 p.m. to discuss, Niagara Mohawk/Reliant Article 7, Erie Blvd. pending Article 7 Proceeding 1998 to present, personnel issue regarding transfer station employee history performance for a particular person.

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.

Tom Uncher from Reliant Energy and Emanuela D’Ambrogio, Attorney with Hiscock & Barclay, were invited into the executive session later on.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adjourn the executive session and re-open the public session at 10:35 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.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz to adjourn the regular meeting at 10:35 p.m. for the evening.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Absent

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting was adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk