A regular meeting of the Town Board of the Town of Moreau was held on September 26, 2006 in the Town of Moreau 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; Steve Gram, Recreation Director; Steve Barody, Highway Superintendent; Mike Shaver, Water Superintendent; Joe Patricke, Building Inspector (arrived at 7:10 p.m.); Tim Burley, Engineer for the Town (arrived at 8:25 p.m.); Martin D. Auffredou, Attorney for the Town; Marilyn Reisch from Behan Communications; Felicia Orton of 180 Montray Road, Queensbury; and the following Town Residents, Chad Viele, Jaclyn Campagnone, Fred & Barbara Twiss, David Sowizdrzal, Greg Slywka, David Nagle, Robert Munyon, Thomas Ostrom, Don & Reine Monroe, Tom Clary, Robert & Jane Weler and Jim & Jean Thomas

Supervisor Gutheil led the Pledge of Allegiance to the Flag.

The minutes of September 12, 2006 were prepared and distributed to the Town Board in advance of the meeting for the Town Board to review, comment, correct and approve.

Corrections:

Page 363 – Under heading "Highway Requests" 1^st line – add "er" to the word "boost"

Page 367 – Under heading "Grant – Rec. Park" 3^rd line – change the word "lights" to "light"

A motion was made by Councilwoman Baker and seconded by Councilman Prendergast to approve the minutes of September 12^th as corrected.

Roll call vote resulted as follows:

The Town Board scheduled a workshop to discuss the draft Comprehensive Master Plan for the Town on October 3^rd at 6:00 p.m.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker to approve the following water billings and final bills for house closings:

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Billing Period: March 1, 2006 through September 1, 2006

Consumption: 32,646,591 Gallons

Amount Billed: $98,562.81

Number of Bills: 721

Billing Period: May 31, 2006 through September 11, 2006

Consumption: 334,400 Gallons

Amount Billed: $1,120.24

Number of Bills: 2

Billing Period: June 5, 2006 through September 10, 2006

Consumption: 21,424,610 Gallons

Amount Billed: $61,888.30

Number of Bills: 535

Billing Period: June 2, 2006 through September 11, 2006

Consumption: 1,199,500 Gallons

Amount Billed: $4,371.57

Number of Bills: 74

Customer Number: 30001

Bill Number: 76929

Usage Period: 8/29/06-9/25/06

Billing Date: 9/25/06

Hexion

Accounts Payable

P.O. Box 1310

Columbus, OH 43216

Location: Farnan Road in the Moreau Industrial Park

Sewer Usage: 290,000 Gallons

Water Consumption: 1,024,000 Gallons

Amount Billed for Sewer: $1,450.00

Amount Billed for Water: $2,129.92

Grand Total: $3,579.92

Customer Number: 20647

Bill Number: 75595

Usage Period: 3/7/06-9/14/06

Billing Date: 9/15/06

Michael & Stormy Cardoso

35 Iris Avenue

South Glens Falls, NY 12803

Consumption: 8,200 Gallons

Amount Billed: $32.00

Final Bill for House Closing – New Owner is Pamela Barker

Customer Number: 20582

Bill Number: 76317

Usage Period: 9/2/06-9/20/06

Billing Date: 9/20/06

Larry Griesemer

53 Hilton Drive

South Glens Falls, NY 12803

Consumption: 1,900 Gallons

Amount Billed: $32.00

Final Bill for House Closing – New Owner is Roberts

Customer Number: 40196

Bill Number: 75594

Usage Period: 6/5/06-9/13/06

Billing Date: 9/13/06

Frank & Marilyn Pemrick

12 Terry Drive

South Glens Falls, NY 12803

Consumption: 16,900 Gallons

Amount Billed: $53.86

Final Bill for House Closing – New Owner is Raimo

Felicia Orton was present at the request of the Town Board to answer any questions the board may have regarding her intent to operate a bar/restaurant business on Route 9 in the Town of Moreau in the former Olde Post Bar & Grill building.

Ms. Orton provided the Town Board with written references and verbal references at their request and all were favorable.

Ms. Orton does not intend to change the type of operation currently there and does not intend to have outdoor entertainment other than maybe games of horseshoe.

Ms. Orton has never owned a bar/restaurant business, but has worked in that type of business for over 20 years.

The hours of operation will be 11:30 a.m. until midnight, seven days a week.

Ms. Orton had requested a waiver of the 30-day notification waiting period as requested under the liquor law.

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to waive the 30-day notification waiting period allowing the New York State Liquor Authority to commence review of her application before them for a liquor license.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The following residents were present to discuss assessments on their properties with the Town Board:

Chad Viele 11 Doe Run

Jaclyn Campagnone 219 Potter Road

Fred & Barbara Twiss 6 Overlook Circle

David Sowizdrzal 1 Overlook Circle

Greg Slywka 26 Rivercrest Road

David Nagle 212 Potter Road

Robert Munyon 6 Rivercrest Road

Thomas Ostrom 2 Overlook Circle

Don & Reine Monroe 209 Potter Road

Tom Clary 1 Rivercrest Road

Robert & Jane Weler 32 Sage Lane

Jim & Jean Thomas 25 Sage Lane

Don Monroe of 208 Potter Road started out by asking when the last revaluation of properties was in the Town and he was told 1981. He thought the State mandated a revaluation every 10 years and Attorney Auffredou advised that he wasn’t aware of any such requirement. He did know that the state encourages municipalities to do revaluations.

Mr. Monroe stated that the owners of new houses in Town are getting hammered on their assessments. He closed on his home December 2005 and the market value on his home is $46,000 more than what he paid for it.

Peggy Jenkins replied that the market values on all properties in the Town have increased and the equalization rate has decreased.

Mr. Monroe asked if the assessments on the older homes have changed and the assessor replied, only if there have been structural changes.

Mr. Monroe asked what the average assessment is in the Town of Moreau and the assessor replied $67,000. Mr. Monroe stated that everyone in this room has been assessed at double that and it isn’t fair. The older homes have increased in value also and their assessments haven’t increased.

Mr. Monroe stated that the Town has to do a revaluation. He stated that he is paying over $8,000.00 in School Taxes and Town & County Taxes.

Peggy Jenkins Stated that the South Glens Falls School District has the second highest tax rate in Saratoga County. Some of their complaints should be directed to the Board of Education regarding the school tax rate. She also stated that there is some confusion here over market value vs. assessed value.

Robert Munyon from 6 Rivercrest Road stated he closed on his house November 2005 and the market value on his house is $23,000.00 more than what he paid for it. The reason for this unfairness is that there hasn’t been a revaluation in 25 years and one needs to be done to make it fairer. The longer the Town Board waits the more inequity there will be. The Town is losing out on revenue it could get if it did a revaluation. There are incentives for Towns to do a revaluation like state aid and sales tax incentives.

Supervisor Gutheil stated that the sales tax distributions are equalized for all the Towns.

Dave Nagle of 212 Potter Road compared a 25 year old home that is the same size as his to his home and stated there is a big disparity in the assessments. He asked what the process is to get a revaluation done in this town. Moreau is growing and people will eventually have to go elsewhere or not move here at all, because they won’t be able to afford the taxes. Twenty five years for a revaluation is too long and results in a lot of inequity.

Supervisor Gutheil stated the Town Board has the authority to do a revaluation and they look towards the assessor for a recommendation. It would cost the town about $250,000.00 to do a revaluation.

Dave Nagle asked, why twenty five years?

Supervisor Gutheil stated that he couldn’t speak for the Town Boards that were in place in prior years, but stated that we would get the most value out of a revaluation if one were done when the real estate market wasn’t so volatile. If we did a revaluation today the equalization rate would change and we wouldn’t be able to hold it at 100%.

David Dyer of 4 Riparian Loop stated he closed on his home on April 10, 2006 and was too late to grieve his assessment. He will be paying well over $9,000.00 in taxes a year. He went well over on labor costs when he had the house built and knows he probably paid more for the house than it is worth, but the market value on his home is $30,000.00 more than he paid.

Peggy Jenkins informed those present that the market value is not the assessed value.

Jim Thomas from 23 Sage Lane in Woodscape Subdivision stated that he closed on his house April 6^th and received no notice about anything, it went to his builder. He was told he could produce all the documents he wanted, but had no right to challenge his assessment. The home was 60% complete on March 1^st, but the market value shows his house is worth $20,000.00 more than he paid for it on April 6^th when it was 100% complete. Twenty five years is too long to wait for a revaluation. It was his opinion that it would not behoove the elected officials to authorize a revaluation, because they need the votes. Older homes would get hit under a revaluation. His home is 1,800 square feet and he pays over $4,000.00 in taxes a year.

Councilman Kusnierz asked Mr. Thomas who told him he didn’t have the right to grieve and Mr. Thomas replied, the assessor did since he had missed all the dates.

Supervisor Gutheil stated the Town Board does not have any function in putting the assessments on the tax roll. The board will take their comments into consideration. They will also meet with the assessor and see where it goes from there. If it doesn’t go anywhere then the reval committee will meet and discuss this.

Another resident stated that they were told by the assessor not to try and fight their assessment, because she had four other houses in her folder that were the same as theirs and they wouldn’t win.

Peggy Jenkins stated that it appeared part of the problem was that the assessment notices went to the developer, because she had not received a transfer of ownership at that time and the developer did not pass it on to the new owner.

Attorney Auffredou stated that revaluations work well in smaller communities. He spoke about Argyle and how they did a revaluation and the assessor updates the parcels each year and they get certified by the state and it stays at 100% of market value. This doesn’t happen in all communities. If you don’t do an annual update the equalization rate drops and then you have to do a full revaluation again. This is something the Town Board has to look at.

Don Monroe stated that in the Town of Queensbury he paid about $3,500.00 in taxes and he had a bigger house.

Attorney Auffredou stated that the Town of Queensbury did a revaluation and the assessments went up and the tax rate went down. However, everyone probably heard what happened with the lake properties. Revaluations aren’t a perfect thing.

Robert Renaud of 228 Potter Road stated that he pays twice as much as he did for taxes in Boston. There will be more and more people coming before the board as the years go on. The Town will need a lot of grievance days. He asked what the time line was.

A resident in attendance asked who determines market value and the answer was the assessor.

A resident asked what they should do between now and when the check goes in the mail. They asked if they should get an attorney and sue the Town.

Attorney Auffredou stated it was their prerogative to consult with an attorney and timing wise it was probably too late to grieve or litigate their assessment this year.

Supervisor Gutheil mentioned the erroneous assessment process that was available through the county and Attorney Auffredou stated that he didn’t think that process would be applicable here in these cases and explained why.

Councilwoman Baker stated in defense of the assessor she has come to the Town Board before regarding the need for a revaluation. We are all aware it needs to be done in a timely fashion.

Supervisor Gutheil stated that budgeting money for a revaluation would be discussed at budget time. We did reappropriated $50,000.00 for a revaluation. He then explained about the tax certioraris and how we have spent $1.3 million defending the Town in a major lawsuit with two energy companies who are suing for $12 million in tax refunds including interest.[amended 10/10/06 jf]

Dave Nagle asked what the time line was for a revaluation and when a revaluation would be discussed again at a meeting so he could attend.

Supervisor Gutheil stated that if there was going to be lengthy discussions on revaluation he would be inclined to call a special meeting. Normally the regular Town Board Meetings are held the 2^nd and 4^th Tuesdays of each month. He told Mr. Nagle that he would let him know when it was going to be discussed. He encouraged each person in attendance to come in and sit down with the assessor and discuss their assessments with her.

Mr. Fred Twiss from 6 Overlook Circle asked if the assessed value remains constant and the market value changes. The assessor replied that was correct. The assessment doesn’t change each year. The market value increases and decreases depending on the equalization rate and whether it increases or decreases.

Councilman Kusnierz advised those present that the State of New York Department of Real Property Tax Services (ORPS) has a web page that is very informative and encouraged them to visit that page.

Peggy Jenkins then told Mr. Thomas that for assessment purposes she deemed his property complete on March 1^st.

Mr. Thomas stated that, that was his bone of contention. On March 1^st the there was paint on the walls, but the house was far from complete. He didn’t get a certificate of occupancy until March 26^th.

The residents in attendance thanked the Town Board for their time.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the Supervisor to sign a two year agreement with the Greater Glens Falls Transit in the amount of $4,270.00 and subject to approval by the attorney for the Town.

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 Kusnierz and seconded by Councilwoman Baker authorizing the purchase of diesel fuel for the Town Highway Department from Mohawk Home Comfort in an amount not to exceed $3,000.00 under state contract #PC61880.

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 purchase of gasoline for the Town Highway Department from Main Care Energy in an amount not to exceed $3,500.00 under state contract #PC61910.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

The fabrication crew has demobilized from the water tower site. We are waiting on the painting crew to arrive. Water services are expected to be done by the 13^th, but not the connections inside the homes. $4.9 million has been billed by the contractors so far. This is about 70% of the project costs. White Birch Estates Mobile Home Park has been hooked up and is using on average 34,000 gpd.

Tim Burley advised that we need to purchase 700 water meters and the cost will be over $10,000.00 so it will have to go out to bid per our attorney.

There was discussion about water in Griswold Cemetery and it was decided to install a frost proof yard hydrant with a hose connection that can be locked up during the winter months.

It was the consensus of the board to go with delft blue with black letters for the water tower.

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the advertisement of a bid opening to procure water meters for October 10^th at 10:45 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Joe Patricke met with Mike Morrissey about his bringing in and taking out of fill on his father’s property on Sweet Road. They discussed wetlands, the crossing of the stream, soil erosion control with DEC. There has been no change in wetlands status. According to DEC crossing of the stream is not a violation. Joe discussed with Mike Morrissey about his removing fill and how it is considered a business and not allowed in that area. He screened topsoil and took the debris out. He did grade the ditch line and the Highway Superintendent has looked at it. If Mr. Morrissey is stockpiling fill and then hauling it back out for a business then that is not allowed. It is okay for him to stockpile it on-site. Mr. Morrissey admitted screening topsoil and hauling it out. It isn’t a violation to make compost.

Councilman Prendergast asked Joe Patricke if hauling it out is a business and Joe Patricke stated that DEC said it is considered agricultural.

Joe Patricke stated he couldn’t cite him for something he did wrong three months ago, but the neighbors called the other day and Mark, Assistant Building Inspector, went right down.

Councilman Kusnierz asked if the neighbors who complained are aware of what has transpired. Joe Patricke stated no, not since the last meeting.

Councilman Kusnierz asked Joe Patricke to post a formal follow up and send it to all who complained.

Joe Patricke stated he would do this.

A motion was made by Councilman Hewlett and seconded by Councilwoman Baker authorizing the purchase of a generator for the rec. park from Northern Tool & Equipment in an amount not to exceed $569.99 plus $94.36 for shipping & handling.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil pointed out an article in the Syracuse Post on Sept. 17^th about empire zones. He read part of the article. In the article they listed two plants that are the state’s worst polluters. One of them was Reliant Energy of Texas. Supervisor Gutheil stated it reinforces why the energy company was turned down when they applied for empire zone status.

Councilwoman Baker stated that the girl’s softball board wants to meet with her and Jim Miller to discuss what they can do to help build the concession stand. She asked about money for the foundation and Supervisor Gutheil stated that if we found volunteer labor we should be able to find the money. Councilwoman Baker stated that she and Steve Gram would move forward on this.

Regarding the lighting at Rec. Councilwoman Baker has an appointment set for October 6^th at 8:00 a.m. at Town Hall to discuss the lighting.

Apparently the first few days of school students without a permit to park in the school parking lot were parking along Merritt Road by the High School and neighbors expressed their displeasure with this. Steve Barody stated that it seems to have cleared up now and the last few days there hasn’t been any cars parked along the roadway.

Councilman Kusnierz stated that Coca Cola is servicing the Rec. Park with their beverages now, but not paying anything to the Town for the right to do this.

Steve Gram stated that they are willing to give a percentage to the Town.

Supervisor Gutheil suggested that Steve Gram research how this was handled last time and if we sent out request for proposals or not.

INSURANCE RATING:

A motion was made by Councilman Kusnierz and seconded by Councilwoman Baker authorizing the Supervisor to fill out a pre-survey form and submit it to the insurance office.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported that a letter was received from SHPO and they are saying that an archaeological study is needed in the area where the water lines will go into English Village. Supervisor Gutheil has a call into them and they haven’t returned his call yet.

Councilwoman Baker gave a written report to the Town Board regarding the Transfer Station, Quad Project, Town Buildings, Community Center and Surveillance Cameras.

Supervisor Gutheil reported on miscellaneous correspondence.

A motion was made by Councilman Prendergast and seconded by Councilman Hewlett authorizing Bruce Abare, Mike Shaver and Earl Ruff to attend a confined space entry program on November 1^st from 8:30 a.m. until 5:00 p.m. at a cost of $125.00 per person.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Supervisor Gutheil reported on the sales tax distribution as follows:

Through September 15^th 2005 $1,191,633.00 vs. through September 15^th 2006 $1,247,318.00

A motion was made by Councilman Prendergast and seconded by Councilwoman Baker to adjourn to executive session at 9:25 p.m. to discuss tax certioraris involving SCA Tissue, Niagara Mohawk, Erie Blvd., National Grid, Brascan, Brookfield Properties, condemnation and the employment history/performance of a particular unnamed person(s).

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 Councilman Kusnierz and seconded by Councilman Prendergast to adjourn the executive session and re-open the regular meeting at 10:15 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

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

A motion was made by Councilman Hewlett and seconded by Councilman Kusnierz to adjourn the regular meeting at 10:15 p.m.

Roll call vote resulted as follows:

Councilman Hewlett Aye

Councilman Prendergast Aye

Councilwoman Baker Aye

Councilman Kusnierz Aye

Supervisor Gutheil Aye

Meeting adjourned.

Respectfully submitted,

Jeanne Fleury

Town Clerk