A regular meeting of the Town Board of the Town of Moreau was held on October 23, 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

Todd Kusnierz Councilman

Town Board Members Absent:

Niki Baker Councilwoman

Also Present: Jeanne Fleury, Town Clerk; Peggy Jenkins, Assessor; Stephen Gram, Recreation Director; Lori Pike, Court Clerk; Mike Shaver, Water Superintendent; Martin Auffredou, Attorney for the Town (arrived approx. 7:30 p.m.); Attorney for Hiscock & Barclay; and guests.

Supervisor Gutheil led the Pledge of Allegiance.

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

September 25^th (2 Sets), October 8^th, October 9^th, October 15^th

Corrections: Page 405 – Next to the last paragraph – last line – "GE Plant" should read "GE Core Sampling Area".

Page 408 – 1^st line under heading "Transfer Station Clerk" change the letter "b" to the word "by".

Page 409 – 2^nd paragraph – 3^rd line under heading "Recreation Cleaning" change the word "trace" to "tracer".

Page 410 – Next to the last paragraph – 2^nd line – change the word "accept" to "accepted".

Corrections: Page 415 – 2^nd line in motion to purchase computers – add "and monitors" after "two computers".

Page 415 – last motion on page – 2^nd line add "Chemical" after "Borden".

Page 417 – 1^st paragraph under audited claims – "Gary Congdon" should be "Gary Condon".

Corrections: Page 422 – 5^th paragraph – 2^nd line – change "tot" to "to".

Corrections: Page 425 – 3^rd paragraph under heading "Department Head Monthly Reports" – 3^rd line – add "aware" after "well".

Page 428 – last paragraph – 1^st line & 4^th line – "Brad Owen" should be "Brad Olin".

Page 430 – 2^nd paragraph under heading "Supervisor’s Items" – 3^rd line – change "draft shaft" to "drive shaft".

Corrections: Page 437 – 3^rd line – change "grade all" to "gradall".

The minutes of September 11^th had been previously approved; however, it was noted that a correction had to be made as follows:

Page 398 – The resolution authorizing the Town Counsel to sign a Stipulation of Settlement didn’t mention which Article 7 it was for and it should read as follows:

"A motion was made by Councilwoman Baker and seconded by Councilman Hewlett authorizing Town Counsel to sign a Stipulation of Settlement in the Article 7 Fleet Bank vs. the Assessor, the Board of Assessment Review of the Town of Moreau and the Town of Moreau, under the terms as outlined in the settlement negotiations."

A motion was made by Councilman Kusnierz and seconded by Councilman Hewlett to approve the above minutes with the corrections so noted and to approve the correction to the minutes of September 11^th, which were previously approved.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The minutes of September 25, 2003, Special Meeting held to interview candidates for the Recreation Commission, were tabled. Councilwoman Baker was one of the three board members present at that meeting and she was absent from this meeting, therefore, a quorum of the board that was present during the interview process were not present during this meeting to approve the minutes.

Supervisor Gutheil asked if anyone present wanted to address the board before they continued on through the agenda.

Barbara Weinschenk of Diamond Point read a statement to the board regarding the seizure of dog from the Harold Peceu residence at 21 Bluebird Terrace by the SPCA.

Jane Meneely of Hudson Falls interviewed Mr. Peceu and read a statement to the board depicting what Mr. Peceu’s perception of the events in this case were and his feelings.

Supervisor Gutheil stated for the record that the Town of Moreau contract’s the dog control services out and they have not heard from Mr. Hazelton regarding this matter. It should show in his October report to the board.

At the last budget workshop another meeting on the budget was scheduled for October 30^th following the Month-End Audit Meeting and a Public Hearing on the Preliminary Budget was scheduled for November 3^rd at 6:30 p.m.

Supervisor Gutheil stated he would ask Attorney Auffredou when he arrived if he had anything to report on regarding the proposed Mining Law. A moratorium is in place and we are reviewing where mines should be allowed or expansion of mines.

Burley & Guminiak has reviewed the request for connection to the sewer line that goes to the Moreau Industrial Park. Supervisor Gutheil stated that the sewer line from the industrial park to the City of Glens Falls is capable of taking on users. We have a contract with the City of Glens Falls and if we take on users they have to guarantee that there will still be capacity for the industrial park. It appears that one small user could come on line without significant improvements having to be made. However, in fairness, so that the first on line doesn’t have an advantage over the rest, they will all have to be pumping at different times. He has something to do with hydraulics. Therefore, it will have to be designed properly.

Supervisor Gutheil met for three hours the other day with the attorney and engineer. We are trying to get a jump-start on what is to be called Water District 6. By April we hope to know if we will get a $2 million grant. We have already qualified for a 0% interest loan for 30-years for up to $5.4 million. There are some businesses on Route 9 whose water supplies are on waivers from the DOH and in some cases DOH has said they won’t be renewing their waivers. Once these businesses have spent money to treat their water with ultra-violet light or chlorinating they would be less likely to hook into the public water system. Burley and Guminiak has submitted a proposal in the amount of $4,900.00. The scope of services would be: resubmit the hardship application, prepare SEQR documents, prepare a map, plan and report for district formation, attend a public informational meeting and a public hearing and another meeting for the Town Board to prepare for the public hearing.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast authorizing the following final water bill:

Customer Number: 20476

Bill Number: 66248

Usage Period: 9/6/03-10/15/03

Billing Date: 10/15/03

John Weber

5 Jerome Lane

South Glens Falls, NY 12803

Consumption: 19,600 gallons

Amount Billed: $62.72

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Historically the Town has sent $800,000.00 of the sales tax money to the county to reduce the county tax rate. Supervisor Gutheil asked the board if they felt comfortable sending that amount down to the county again.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz authorizing $800,000.00 of the Sales Tax Revenue to be sent to Saratoga County to be applied against and reduce the County Tax Rate.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast authorizing the Highway Superintendent to purchase six tires for truck #16 under state contract from Warren Tire Service Center of Glens Falls, New York, at an amount not to exceed $1,693.52.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Highway Superintendent obtained the following quotes for sand:

Cranesville Aggregate $4.11 Ton

Jointa Galusha $4.50 Ton

Fane Sand & Gravel $4.25 Ton

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz authorizing the purchase of sand at a cost not to exceed $4.11 per ton and $6,000.00 from Cranesville Aggregate.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Highway Superintendent obtained the following quotes for a mobile radio with antenna:

Adirondack Two-Way Radio Motorola Two Way Radio $420.50

Kenwood Two Way Radio $362.00

Capital Digitronics, Inc. Panther Two Way Radio $413.91

The Highway Superintendent requested approval to purchase the Motorola from Adirondack Two Way Radio to standardize. He currently has twelve Motorola Units.

A motion was made by Councilman Hewlett and seconded by Councilman Prendergast authorizing the purchase of one Two Way Motorola Radio from Adirondack Two-Way Radio of South Glens Falls at a cost not to exceed $420.50.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The request from the Highway Superintendent to have the oil/water separator cleaned was tabled until the Month-End Audit Meeting so the board could discuss this with him.

(Attorney Auffredou arrived at approximately 7:30 p.m.)

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to accept a donation in the amount of $100.00 from the Knights of Columbus towards the Recreation Basketball Program and for this donation to be deposited into Revenue Account Code A2070 "Contribution for Private Agency for Youth Programs".

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated that the rates in Water District 1 need to be changed. He thought it had been done a long time ago and apparently it hadn’t. The following is the current rate schedule and he suggested eliminating steps 2 & 3. They should be replaced with something and the question is what rate. The Town is being charged $1.80 per 1,000 by the Village for Water District 1 and steps 2 & 3 of the current schedule doesn’t even cover the rate being charged by the Village.

Step 1 0 – 20,000 gallons x $3.675 (Minimum Charge of $73.50)

Step 4 150,001 – 999999999 x 2.08 per 1,000

Councilman Hewlett suggested holding a Water Committee Meeting to discuss the rates. Councilwoman Baker is on the Water Committee so they would have to wait until she is back in Town to schedule the meeting.

The Recreation Director requested permission to purchase fertilizer for the bowl, slate dust and repair to the John Deere Tractor.

The following quotes were received:

Green Slate Dust @ $18.00 per ton x 24 tons (1 truck load) = $432.00 + $150.00 shipping Fee from Hadeka Slate (there is only one contractor that sells this slate dust per Stephen Gram)

Fertilization, Broad Leaf Weed Control @ Bowl for $627.18 from Davey Tree & Lawn Care, charge to A7140.453

Parts for John Deere Tractor $421.42, labor 1-6 hours @ $45.00 per hour for a total not to exceed $691.42 by Falls Farm & Garden Equipment Co., Inc. The parts have already been purchased so just the labor needs to be authorized in an amount not to exceed $270.00.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett authorizing the above purchases.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The Eagle Scouts are willing to build six benches as their project. Stephen Gram will give the board a cost of materials at the Month-End Audit Meeting.

Tom Farone, Gary Robinson, Chuck Cronin entered the meeting and presented a revised sketch of a proposed PUD for the property on Route 9 and Reservoir Road that Mr. Farone has a contract to purchase on. This proposal leaves the parcel that fronts Route 9 as commercial and the parcel fronting Reservoir Road would be used for an apartment complex. The parcel fronting Reservoir Road is currently zoned residential. Mr. Farone wanted the board’s opinion on this proposal and if they thought it was reasonable.

Councilman Hewlett stated he initially liked the concept, because of the sewer line that will be installed to that point and he urged his fellow board members to take a look at this proposal. He thought this project was necessary in order to grow into the future, especially, since the developer is going to absorb the cost of installation of the sewer line.

Supervisor Gutheil suggested referring this proposal to Joe Patricke so that he could review it and figure out how it fits into our PUD Regulations. He agreed that the sewer line would open up other opportunities and the developer has left options open for commercial development. He didn’t have a problem reviewing it further.

Attorney Auffredou offered to the developer a suggestion for him to consider pursuing a zoning change on the parcel in question to allow apartments, rather than a PUD. He thought the developer might want to give this some thought.

Supervisor Gutheil questioned whether or not that would be spot zoning and Attorney Auffredou replied no.

Councilman Prendergast stated they had to consider what this would do to the water usage. He mentioned the housing development going in down the road on Reservoir Road and how there are restrictions on usage being built into the approval of that development.

Supervisor Gutheil stated that storage is a problem right now.

Councilman Kusnierz asked if a PUD would be setting a precedent.

Attorney Auffredou stated that each one would be judged on it’s own merit. The board should be cautioned that it would open up other doors. He stated that findings could be made showing sufficient reasons for allowing this PUD.

Gary Robinson stated he would review the densities with Joe Patricke and that they would be looking for a formal application down the road.

The court requested permission to purchase two copiers. They have received a grant for $800.00 towards the purchase. Discussion followed on the proposals received.

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast authorizing the transfer of $370.00 from A1110.2 to A1110.2F1 and $888.00 from A1110.1 with $528.00 going into A1110.2F1 and $360.00 into A1110.407F1 and authorizing the purchase of two copiers from NCXI Business Systems at a cost not to exceed $1,698.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast authorizing the Sheriff’s Sub-Station in the Town Court Building to use one of the court’s old copiers, with the Town retaining ownership, and the Sheriff’s Department to maintain it and buy supplies.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Discussion reverted back to the water project update.

Attorney Auffredou gave a brief overview of the proposal from Burley & Guminiak as mentioned earlier in the meeting by Supervisor Gutheil. C.T. Male did quite a bit of work on the proposed Water District 6. They prepared a map and a lot of the description, but there is still work that needs to be done. The idea is to have as much done and ready to go, so that when March and April comes around, you can hit the ground running. It makes sense to have the administrative stuff behind you.

Discussion followed.

A motion was made by Councilman Hewlett and seconded by Councilman Kusnierz authorizing the Supervisor to sign an engagement letter with Burley and Guminiak, for engineering services relating to the formation of a proposed Water District 6, at an amount not to exceed $4,900.00.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Attorney Auffredou reviewed the dog law, started to draft some new language and realized that it would create some internal inconsistencies. It got to the point where he would be revising three or four sections of the law and with everything else going on he wanted to know where the board thought this was on the list of priorities.

Supervisor Gutheil said he didn’t have any problem just changing the sentence in the law to read "no dog shall be allowed to run at large unless the dog is restrained by an adequate collar and leash." Take out the words "unless accompanied by".

Attorney Auffredou said he would take another look at it.

Supervisor Gutheil said when it comes to a pooper scooper law, the Village of South Glens Falls just adopted one.

Attorney Auffredou added some comments from Liz Rovers. He stated that in his opinion it is ready to go.

Supervisor Gutheil said he would put it on the agenda for the next meeting.

Attorney Auffredou advised that technically it is a zoning change so it would have to be referred to the County Planning Board, so the board should keep this in mind when looking at the time line.

Candidates to fill vacancies on the Recreation Commission were interviewed by the Personnel Committee and they were supposed to submit a list of preferred candidates to the full Town Board. The full board hasn’t received this list yet.

The Recreation Department Staff went down and put some cover over the gas bubbles and got stuck. The board has to decide if they are going to try again or contract it out. Councilman Prendergast suggested contracting it out and Councilman Kusnierz agreed.

Supervisor Gutheil advised that there has been conferences held, which Lou Lewis attended day before yesterday; Attorney Auffredou and Supervisor Gutheil attended one today regarding FOIL Requests. They keep trying to smear the Town, stating that we are running a covert operation. They just keep telling the Judge the same story that the record is void of things. You would think the Town Board was doing the minutes and they should know that the Town Clerk does the minutes. We are complying with their FOIL Requests. The Judge is going to do the in-camera review of documents under one FOIL Request. Their counsel even tried to say that the Town conceded and admitted their guilt. That is ridiculous. It is almost insulting. The board is going to stay focused and we are on target. The trial starts Monday. The trial in Queensbury has already started. The Judge ordered a referee at a charge of $175.00 per hour that will be split in thirds between the school, town and plaintiff. They issued some subpoenas and our attorney has filed a motion to squash the subpoenas.

Councilman Hewlett spoke with Harry Van Scoy and they will clean up the cemetery on Route 197 as an Eagle Scout Project. The scouts went down to the cemetery, but were threatened away when they saw the chain restricting access. Mr. Van Scoy is going to go down and speak with the owner. Supervisor Gutheil said he pulled the deed and has the name of the owner and will contact him.

A Water Supply Permit has been received for the connection with the Village of South Glens Falls Water Supply for emergency use by the Town’s Water Districts.

Joe Patricke and the Supervisor interviewed three candidates for Zoning Board of Appeals Secretary. All three interviewed well. Joe Patricke is recommending we offer the position to Trisha Andrews of Gansevoort Road. There may be a possibility of another opening down the road for one of the other candidates.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett to offer the position of Zoning Board Secretary, to record and transcribe the minutes of the Zoning Board Meetings, to Trisha Andrews, with a stipend of $65.00 per meeting and to waive the pre-employment physical.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil suggested offering an alternate position to Faith Bouchard so that if something happens and another opening becomes available we will have someone ready to fill it.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz to offer an alternate position to Faith Bouchard in the event she is needed for a potential future opening.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil stated that they had talked about one of their employees wanting to use vacation time while on workman’s compensation and this would affect the contract. Attorney Auffredou had talked about doing a letter and asked Attorney Auffredou if he still intended to draft a letter. Attorney Auffredou stated he did intend to draft one that essentially would say this didn’t set a precedent. Supervisor Gutheil stated these type requests would be reviewed on a case by case basis.

Stephen Gram has used up his payroll account in the Recreation Department and needs $8,500.00 in A7310.1 to get through the end of the year. Supervisor Gutheil stated they had talked about purchasing half of the mower out of the landfill fund, which would be $14,797.50.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz authorizing the transfer of $6,297.50 into A7140.2 and $8,500.00 into A7310.1 from the Landfill Account.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported that a check from the Sales Tax Revenue was received today in the amount of $222,000.00+, which is a 10% increase over the same month last year. [amended 11/13/03 jf]

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast authorizing the remaining Sales Tax Revenue that would be received through the end of the year to be deposited into the DB Fund.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Sylvia Hanson, Special Project Aide, advised Supervisor Gutheil that the amount allocated for computer hardware services by Wade Sherman are near depletion, $900.00 of the $1,000.00 allocated has been spent. Another resolution would be needed to extend his services. Supervisor Gutheil said he would ask Sylvia to how much she thought the board should allocate and which accounts it should be taken from.

Supervisor Gutheil asked the Town Clerk to check with the Association of Towns and find out if they have copies of any local laws from other Towns on external heating devices.

Supervisor Gutheil reported that there was a conference scheduled on the Glimcher Property on October 30^th at 9:30 a.m. at Village Hall.

Supervisor Gutheil reported that a notice was received from ORPS that a check is forthcoming to the Town as part of the STAR Formula as reimbursement for paperwork in relation to administering the STAR Program.

A motion was made by Councilman Kusnierz and seconded by Councilman Prendergast to adjourn to executive session at 9:30 p.m. to discuss the following:

Supervisor Gutheil stated we have to be very particular, because they are down there telling the Judge that we are doing things wrong, violating the open meetings law.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

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

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz to adjourn the executive session and re-open the regular session at 9:48 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

No action was taken as the result of the executive session.

A motion was made by Councilman Prendergast and seconded by Councilman Kusnierz to adjourn the regular meeting at 9:48 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Absent

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk