A regular meeting of the Town Board of the Town of Moreau was held on November 24, 2003 in the Town Office Building, 61 Hudson Street, South Glens Falls, New York.

Supervisor Gutheil called the meeting to order at 7:00 p.m.

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

Harry G. Gutheil, Jr. Supervisor

Rich Hewlett Councilman

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

None

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

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

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

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett to approve the minutes of November 13^th and 19^th as prepared.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye for 11/19 & Abstain for 11/13

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Month-End Audit Meeting for November was scheduled previously for December 1^st at 3:30 p.m. with Department Heads and 4:00 p.m. for the business portion of the meeting.

The 1^st Regular Monthly Town Board Meeting for December was scheduled for December 11^th at 7:00 p.m.

The 2^nd Regular Monthly Town Board Meeting for December was scheduled for December 23^rd at 7:00 p.m.

The Month-End Audit Meeting for December was scheduled for December 29^th at 3:30 p.m. with Department Heads and 4:00 p.m. for the business portion of the meeting.

Gary Robinson, Farone’s Engineer, was present and a little while into his presentation Mr. Farone and Mr. Cronin arrived.

Mr. Robinson displayed before the board an amended layout of the proposed PUD showing driveways for each unit. Mr. Robinson had met with Joe Patricke the Building Inspector after the last meeting and they discussed the regulations and things the Planning Board would need. Mr. Robinson and his client went before the Planning Board with their conceptual plans and thought the Planning Board was receptive.

The Town Board asked questions and received answers. Some of the concerns expressed by the board were the need for senior housing, traffic flow onto Reservoir Road and then Route 9, impact on schools, density and direction the sewer line would take to the project. Mr. Robinson explained that the Planning Board would address a lot of these concerns during the site plan review. As for the sewer line, it was the consensus of the board that they would only be interested in this project if the sewer line that Farone was going to install would run down Route 9 from the Village line.

Joe Patricke did his own analysis of the density issue and arrived at a figure of 214 units vs. the 304 units being proposed.

Gary Robinson stated that they arrived at the 304 units, because they did not deduct 20% for roads, since the Town would not own the roads.

Discussion followed on other projects that Mr. Farone has completed in other areas.

A motion was made by Councilman Hewlett to refer the sketch plan to the Planning Board for further review.

Councilwoman Baker asked Councilman Hewlett if he was willing to send this on at the proposed 304 units? Councilman Hewlett said he was okay with that.

Councilman Kusnierz asked Councilman Hewlett if he wanted to do this even if the sewer doesn’t go down Route 9? Councilman Hewlett said he would make it contingent on sewer going down Route 9 as far as it could go.

Supervisor Gutheil said he didn’t think the motion should lock the board into a certain number of units. A different number may emerge as the result of information given to the Planning Board. A message should be given to the developer that we want to work with him, but we want the project done right, it is called "Smart Growth".

A second was not received to the motion made by Councilman Hewlett.

Councilman Hewlett made another motion to refer the sketch plan of Farone’s proposed PUD to the Planning Board with the expectation of a sewer line being installed from the Village down Route 9 to the proposed project and with the density issue to be discussed at the Planning Board level.

Councilwoman Baker seconded the motion.

Supervisor Gutheil stated again that the Town needs senior housing and he would like to see as many units dedicated to senior housing in this project as possible.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A request was submitted at a previous meeting by the Highway Superintendent to have the oil/water separator at the highway garage cleaned. The Highway Superintendent was present at this meeting so the board brought up this request again for discussion. The Highway Superintendent, Steve Barody, stated he would have to call to make sure the quote was still valid and he would get back to the board on December 1^st.

The bucket loader repairs estimate was discussed again. Steve Barody advised that his department doesn’t use it anymore. It was the Highway Superintendent’s opinion that it would be worthwhile fixing.

Money has been budgeted over the past few years for dry hydrants and a list was developed of locations while these hydrants should be installed. The board needs to decide where they want them installed and if it would be contracted out or not. The Highway Superintendent discussed with the board the need for a retaining wall when and if a dry hydrant is installed on Selfridge Road. The Water Superintendent pointed out that the board may want to review the list again as it may need to be changed, because since the list was prepared a lot of fire hydrants have been installed where the new water main has been installed. The fire department would go to a live hydrant first.

Supervisor Gutheil stated that he discussed the proposed revision to the Town’s Dog Law with Mr. Oakes and he liked it. Supervisor Gutheil stated that a public hearing would be set in the near future and that the board should probably coordinate it with another local law.

A motion was made by Councilwoman Baker and seconded by Councilman Hewlett approving two final water bills for closings and the Borden Chemical water bill for November as follows:

Customer Number: 20250

Billing Number: 66254

Usage Period: 9/5/03-11/17/03

Billing Date: 11/17/03

William & Helen Wood

10 North Road

South Glens Falls, NY 12803

Consumption: 2,350 gallons

Amount Billed: $32.00

Final Bill Property Sold

Customer Number: 20764

Billing Number: 66257

Usage Period: 9/5/03-11/24/03

Billing Date: 11/24/03

Daniel & Linda Meade, Sr.

26 Columbine Avenue

South Glens Falls, NY 12803

Consumption: 11,700 gallons

Amount Billed: $37.44

Final Bill Property Sold

Customer Number: 30001

Billing Number: 66255

Usage Period: 10/27/03-11/24/03

Billing Date: 11/24/03

Borden Chemical

P.O. Box 1310

Columbus, OH 43216

Sewer Usage: 507,000 gallons

Water Usage: 2,075,000 gallons

Amount Billed for Water: $4,316.00

Amount Billed for Sewer: Waived

Bill for month of November

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 authorizing the Supervisor to sign and submit the Bond Act Application.

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 Councilman Hewlett to amend the 2004 Budget by adding a line item in the amount of $3,000.00 for the Sherwood Forest Lighting District.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Fran Thibodeau took the civil service test for Principal Account Clerk and scored well. Supervisor Gutheil asked for a resolution changing her title to Principal Account Clerk. [Amended 12/11/03]

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast authorizing Fran Thibodeau’s title to be changed to Principal Account Clerk.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The board had a request to look into Domestic Partner Coverage and they concluded that there wasn’t enough interest at this time to move forward with this. It would also be an added cost to the taxpayer and some sort of criteria would have to be developed for this.

The Water Committee met and discussed rates for Water District 1.

The Recreation Commission met on the 10^th and discussed the fencing and BOCES Contract.

The compactor at the Transfer Station broke down and the part has been ordered.

Steve Barody informed the board that he needed wing people for the winter plowing season. It was suggested that Steve Barody go over the personnel list with Fran.

Stephen Gram asked if the board wanted to leave the park open when there wasn’t anybody to man it. The board discussed closing the park until the snow arrives and there is enough activity to warrant opening it. They then suggested that Attorney Auffredou should be consulted on this relative to the liability issue.

Discussion followed on a clothing request from the Water Superintendent.

A motion was made by Councilwoman Baker and seconded by Councilman Kusnierz authorizing the Water Superintendent to purchase two sweatshirts and a jacket at a cost not to exceed $91.00 and for a logo to be put on them at a cost of $20.00 per Sperry Advertising’s quote.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported receiving a bankruptcy notice from Adelphia.

Supervisor Gutheil reported that Nancy Ryan’s car was damaged at the Transfer Station by a sign that flew into it during a windstorm. The estimated repair is $42.90.

The one ton highway truck was damaged during the windstorm when a tree fell on it. A check has been received from Selective Insurance in the amount of $2,687.00 to cover the damage.

Lighting of the athletic field at rec. was discussed with Stephen Gram. Supervisor Gutheil thought we needed our own specifications and get quotes based on our own specifications.

He suggested that Stephen Gram take a look at other fields that are lit by four lights and get as-builts from other fields.

Supervisor Gutheil stated that CSEA has said that vision isn’t considered health care and the board should look at the union contract to see if we can even change the coverage. CSEA said they may not split the drug and optical. The board needs to know more about what CSEA will allow.

A request was received again for a four-way stop intersection at Merritt Road, Feeder Dam Road and West Road. The board had reviewed this same request a year or so ago and found that it wasn’t feasible, one reason being, the school buses would have a hard time negotiating the turn. Supervisor Gutheil said he would like someone in the traffic industry to advise him on this. Steve Barody stated he would ask Joe Ritchey, County DPW Superintendent, if he could help on this. [Amended 12/11/03 jf]

Supervisor Gutheil said he received an inquiry for public water from property owners on Gansevoort Road south of where the water line comes out from Reservoir Road. He wondered if the board would be receptive to allowing them to hook onto the water line and extend the district. The board didn’t raise any objections.

Supervisor Gutheil met with George Reynolds III who has bought the property next to Reynolds Cemetery. Mr. Reynolds doesn’t want people to use the entrance to the cemetery and he is claiming ownership. Supervisor Gutheil told Mr. Reynolds that people want to be able to visit their descendants. Supervisor Gutheil said the Town might have some adverse rights already. More research was needed.

Fran Thibodeau requested to use 4 or 5 days of her sick time to assist with her mother when she is released from the hospital. The board agreed to grant this request and noted that similar requests would be considered on a case by case basis.

Tim Burley, Engineer for the Town, has recommended that the board consider requiring a bond to cover the final restoration after the water line is finished in Water District 5, Extension 1. Mike Shaver said it would be a while before the Town was ready to accept the lines.

Supervisor Gutheil reported receiving a letter from Reliant Energy. He forwarded a copy to the Town’s attorney. He hoped the letter would have some substance, but he wasn’t confident that it did.

The attorney for Selective Insurance has advised that legal counsel for Britton has agreed to discontinue the action against the Town. The claim arose out of an incident that occurred within the Village of South Glens Falls.

The board discussed with Joe Patricke a septic system that is being replaced on a property on Route 9. The owner of the property has to site the new septic system only 30’ from his well in order to comply with setbacks from his neighbor’s property. Legal counsel says he has to comply with the required separation between well and septic or hook up to municipal water. The board concurred with this opinion.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to adjourn the meeting for the evening at 9:13 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Respectfully submitted,

Jeanne Fleury

Town Clerk