JUNE 12, 2007

Regular meeting of the Town Board of the Town of Chester was held June 12, 2007 at 7:30 pm in the Town of Chester Municipal Center, Chestertown, NY.

Roll Call: Frederick Monroe, Frank Shaw ,Edna Wells and Karen DuRose. Mark Schachner - attorney for the Town. Mike Packer - absent.

RESOLUTION #69: ACCEPT MINUTES OF MAY TOWN BOARD MEETING.

Introduced by Mr.Shaw, 2nd by Mrs.Wells to accept the minutes of the May 8, 2007 town board meeting. AYE 4 NO 0

Privilege of the floor:

Concern citizen inquired on the “junk yard” ordinance, in regards to a situation on Schroon River Rd. Zoning administrator commented that property in question is in the Schroon River corridor, APA jurisdiction and that APA is also the “lead agency”. Tabled to executive session.Ron Robert - VFW presentation - Mr.Robert presented to the Supervisor and Town Board a Certificate of Appreciation in support of the Veteran of Foreign Wars Post 5513 for the plaque at the Pottersville Memorial. Mr.Robert also stated that the plaque should be installed for Flag Day. Dr.Russo presented facts about the Korean War.

Old Business:

Electrical work quotes for water districts - three quotes were received:

Bear Electric LLC, 75 Delaney Dr, Brant Lake $3,980.40

D.Pierson Electric, 16 Ryan Ave, Queensbury $7,000.00

Harold R Clune, 30 Prospect St, Ballston Spa $4,090.00RESOLUTION #70: ACCEPT QUOTE FROM BEAR ELECTRIC.

Introduced by Mr.Shaw, 2nd by Mrs.Wells to accept quote from Bear Electric, LLC., 75 Delaney Dr, Brant Lake, NY 12815, in the amount of $3980.40 less the sales tax of $260.40 for the wiring of the pump houses in the Chestertown and Pottersville water districts.

AYE 4 NO 02007 Milfoil program - (Loon Lake) Mr.Schachner is to draft a contract with Steve LaMere. Discussion on new sites that were not included in the 2006 contract. Contract is based on hourly rate and to include new sites that have been identified.RESOLUTION #71: APPROVE CONTRACT WITH STEVE LAMERE FOR 2007 MILFOIL REMOVAL IN LOON LAKE.

Introduced by Mr.Shaw, 2nd by Mrs.DuRose to approve the 2007 contract with Steve LaMere for the removal of milfoil in Loon Lake.

Contract is based on an hourly rate and will include new sites that have been located. AYE 4 NO 0Pottersville Water District. Status of Home Rule request for legislation removing properties. Supervisor Monroe stated that this has passed the senate and is now in the assembly.Zoning amendments including accessory apartments -review of prior resolution to amend it to include accessory apartments.

RESOLUTION #72: AMENDING RESOLUTION #36 OF MARCH 13, 2007 TOWN BOARD MEETING TO READ AS FOLLOWS:

CHESTER TOWN BOARD RESOLUTION REFERRING SUBDIVISION AND ZONING AMENDMENTS TO APA.Introduced by Mr.Shaw, 2nd by Mrs.Wells:WHEREAS, the Town of Chester has previously adopted Subdivision Regulations and the Town Zoning Law, both of which are parts of the Town’s Local Land Use Program which has been accepted and approved by the Adirondack Park Agency (APA); and WHEREAS, the Chester Town Board wishes to consider adoption of Amendments to the Town’s Subdivision Regulations and Zoning Law relating to boundary line adjustments, accessory apartments, junk/junkyard regulations and establishment of the Friends Lake Watershed Overlay District; and

WHEREAS, the Subdivision and Zoning Amendments are potentially subject to APA approval; andWHEREAS, the Town Board wishes to formally refer these Amendments to APA for its review and approval.NOW, THEREFORE, BE IT

RESOLVED, that the Town Board declares its intent and purpose in considering adoption of these Amendments to be to allow approval of boundary line adjustments without formal subdivision review when appropriate, incorporation of accessory apartment regulations and junk/junkyard regulations into the Town Zoning Law and incorporation of provisions balancing mining interests with protection of the Friends Lake Watershed into the Town Zoning Law; and be it furtherRESOLVED, that the Town declares its intention to serve as Lead Agency for review of potential environmental impacts of these Amendments pursuant to the New York State Environmental Quality Review Act (SEQRA); and be it furtherRESOLVED, that the Town Board hereby formally refers the proposed Subdivision and Zoning Amendments to APA for its formal review and approval.

AYE 4 NO 0Lifeguards - Training is being taken this week. Tentative date for opening beach is the Saturday after graduation.

Pottersville Water District corrosion control - Supervisor Monroe gave a brief update on the corrosion control plan. A plan has been submitted and the plan has been approved by the Department of Health. The fine was waived and Supervisor Monroe has documented all contacts with the Health Department in respect to the notice of fine.CSEA final contract - Discussion on the phrasing for the health insurance provision for retirees contributions for active employees.

CSEA is drafting contract.RESOLUTION #73: APPROVE CHANGES MADE TO THE CSEA CONTRACT AND AUTHORIZE SUPERVISOR TO SIGN.

Introduced by Mr.Shaw, 2nd by Mrs.Wells to approve the changes made to the CSEA Contract, as were reviewed, in regards to health insurance and authorize Supervisor to sign contract. AYE 4 NO 0RESOLUTION #74: AUTHORIZE TOWN OF CHESTER TO CONTRIBUTE FUNDS TO NORTH WARREN CHAMBER POST CARD PROJECT.

Introduced by Mrs.Wells, 2nd by Mr.Shaw authorizing the Town of Chester to contribute $2,000 towards the North Warren Chamber post card project. AYE 4 NO 0

New Business:

RESOLUTION #75: APPROVE COURT CLERK REQUEST TO ATTEND COURT TRAINING SESSION IN POTSDAM.

Introduced by Mr.Shaw, 2nd by Mrs.Wells approve request of court clerk to attend annual court training session in Potsdam, from July 22nd to 25th. All necessary expenses for same to be a lawful claim against the Town of Chester. AYE 4 NO 0RESOLUTION #76: AUTHORIZE TOWN OF CHESTER JUSTICE COURT TO APPLY TO THE CHIEF ADMINISTRATIVE JUDGE FOR A GRANT OF STATE FUNDS.

Introduced by Mr.Shaw, 2nd by Mrs.Wells authorizing the Town of Chester Justice Court to apply to the Chief Administrative Judge for a grant to assist in the operation of the Chester Justice Court.

AYE 4 NO 0Offer of sand from the Pottersville firehouse property - Highway superintendent Gary Clark, stated that Duane Agard, Pottersville Fire commissioner, contacted him in regards to sand that will need to be moved from the fire house. Gary will need to determine the quality of the sand. If the sand can be used, arrangements for removal will be made. TABLED.RESOLUTION #77: AUTHORIZING THE LA GROUP TO PROCEED WITH TRAIL GRANT APPLICATION.

Introduced by Mr.Shaw, 2nd by Mrs.DuRose:

The Town of Chester is proposing a project in the first of several phases designed to provide residents and tourists a safe bicycle and pedestrian trail experience. The project is to plan and construct a trail from the hamlet of Chestertown to the Town of Chester Recreation Park along the north side of Route 8 from the Route 9 intersection. A second part of the trail will begin from the Recreation Park to the area opposite the entry to the school along the north side of Route 8. The project will link a number of important recreational and cultural destinations along town corridors providing access to recreational enhancements and a continuous bicycle loop from downtown to the school and recreation park.

The Town of Chester is proceeding with a NYS Parks Grant Application through the Office of Parks, Recreation and Historic Preservation under the 2007 Environmental Protection Fund. The grant request is in the amount of $200,000. The total estimated project cost is $400,428 for which the Town will provide a 50% match in the form of cash and in-kind services in the amount of $200,428.

AYE 4 NO 0

Sidewalk repair list - Discussion on sidewalk on Valley Farm Road in Pottersville - state is not going to do the sidewalk.

RESOLUTION #78: AUTHORIZE SIDEWALKS FOR VALLEY FARM ROAD AND KNAPP HILL ROAD.

Introduced by Mr.Shaw, 2nd by Mrs.Wells authorizing sidewalk work on Valley Farm Road (from Rt9 to Post Office) in Pottersville and repairs to the sidewalk on Knapp Hill Road in Chestertown. AYE 4 NO 0Authorize advertisement for bids for Alder Brook Rd bridge - Determined that replacement of bridge is a priority. Bid package will be prepared with the help of Mr.Schachner and Supervisor Monroe will then set date for bid opening. Those living beyond the bridge will be able to park vehicles on the other side and a foot bridge will be put in place for them. Concerns over fire protection and consideration is being given to request a fire truck be stationed on the other side of the bridge. RESOLUTION #79: AUTHORIZE ALDER BROOK BRIDGE REPLACEMENT AND AUTHORIZE SUPERVISOR TO SET DATE FOR BID OPENING.

Introduced by Mr.Shaw, 2nd by Mrs.Wells authorizing the replacement of the Alder Brook bridge in the Town of Chester and authorize Supervisor Monroe to set bid opening date after the bid package has been prepared. AYE 4 NO 0North Warren Snowmobile Club bridge over Chester Creek - alleged APA violation - Supervisor Monroe and Supervisor Bentley have looked at the bridge. This is not a town issue, but town has been asked to assist. A meeting will be arranged.Horicon Library will be celebrating their 100th Anniversary on August 18 at the Chestertown Conservation Club.Schroon River Forest erosion claim - Supervisor Monroe, Highway Superintendent Clark and Dave Wicks (Soil and Water) have visited the site. Mr.Wicks is obtaining information on the flow data.Chazen Engineers proposal for Loon Lake dam - Letter dated May 23, 2007 from NYS Dept of Environmental Conservation - Division of Water stating that Loon Lake Dam is a high hazard dam and that there should be an up to date Emergency Action Plan. Discussion on obtaining proposals.

RESOLUTION #80: REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES REGARDING AN UPDATED EMERGENCY ACTION PLAN FOR LOON LAKE DAM.

Introduced by Mr.Shaw, 2nd by Mrs.Wells to request for proposals for professional services in regards to an updated Emergency Action Plan for Loon Lake Dam. Authorize Supervisor to set date for submitting of proposal. AYE 4 NO 0Maxam litigation - Mr.Schachner stated that litigation claims have been withdrawn (not dismissed), may be reintroduced at a later date.

Discussion on the restrooms at Loon Lake beach and what else could be done in place of the portable restrooms.

Discussion on the abandoned little league field by the Chester Rural cemetery. No funding is provided, but Supervisor felt that field could be used, until the space is needed for increasing the size of the cemetery.

RESOLUTION #81: AUTHORIZE PAYMENT OF ABSTRACT.

Introduced by Mr.Shaw, 2nd by Mrs.DuRose authorizing payment of abstract and approve claims paid prior to audit.

General Fund $ 35,591.40 ( 224-285)

Highway fund $ 29,809.14 ( 88 -110)

Chtwn Water $ 3,090.11 ( 27 - 33)

P’ville Water $ 2,797.09 ( 35 - 42)

Library $ 2,677.65 ( 25 - 28)

AYE 4 NO 0

Motion by Mr.Shaw, 2nd by Mrs.Wells Town Board went into Executive Session at 8:50pm to discuss Animal Control Officer and the junkyard on Schroon River Road. Motion by Mr.Shaw, 2nd by Mrs.Wells town board resumed regular session at 9:00 pm. No action taken.

Motion by Mr.Monroe meeting was adjourned at 9:00pm.

__________________________ Deputy Town Clerk

Regular meeting of the Town Board of the Town of Chester was held July 10, 2007 at 7:30 pm in the Town of Chester Municipal Center, Chestertown, NY.

Roll Call: Frederick Monroe, Mike Packer, Frank Shaw ,Edna Wells and Karen DuRose. Mark Schachner - attorney for the Town.

RESOLUTION #82: ACCEPT MINUTES OF JUNE TOWN BOARD MEETING.

Introduced by Mrs.Wells, 2nd by Mrs.DuRose to accept the minutes of the June 12, 2007 town board meeting. AYE 5 NO 0

Privilege of the floor:

Town of Chester resident inquired as to the progress being made on the “junk yard” problem on Schroon River Rd and also presented to the Town Board photos of “junk“. Board is reviewing this situation.

Request was made to have a small dock available at the Loon Lake boat launch site to enable easier access to boats after being launched.

RESOLUTION #83: AUTHORIZE THAT A SMALL DOCK BE CONSTRUCTED AT LOON LAKE BOAT LAUNCH AREA.

Introduced by Mrs.DuRose, 2nd by Mrs.Wells authorizing a small dock be constructed at Loon Lake boat launch area. All necessary permits will be needed and materials and labor will be charged to Loon Lake Park District. AYE 5 NO 0

Old Business:

Loon Lake septic improvement grant presentation - A grant of $15,500 was received. Dave Wicks (Warren Cty Soil and Water) explained the phases of the grant. Warren County Soil and Water sent letters to Loon Lake residents informing them of the grant and ways in which the grant can assist the homeowners. Mr.Wicks stated that this is a volunteer program and is meant to help the lake residents and the quality of the lake.

Pottersville Water district - status of Home Rule request for legislation removing properties - Supervisor Monroe reported that this has passed both the senate and the assembly and waiting for the Governor to sign.

Theiss easement exchange - Supervisor Monroe has signed the deeds for this easement exchange.

CSEA final contract - Supervisor Monroe has signed the contract. The union rep needs to sign the contract and then the contract should be completed.

RFP-engineering inspection, emergency plan and maintenance and operation plan for Loon Lake dam - Supervisor is working on the RFP and felt that the emergency plan may need to be updated.

New Business:

RESOLUTION #84: AUTHORIZE SUPERVISOR TO OBTAIN QUOTES FOR INVESTMENT OF TOWN FUNDS.

Introduced by Mr.Shaw, 2nd by Mr.Packer authorizing Supervisor to obtain quotes from Glens Falls National Bank and Citizens Bank for the purpose of investing town funds in CD accounts.

AYE 5 NO 0

RESOLUTION #85: AUTHORIZE PAYMENT OF AD FOR STITCHES IN TIME. Introduced by Mr.Shaw, 2nd by Mrs.Wells authorize payment of $840 for ad for “Stitches in Time”, sponsored by the Friends of the Library. Payment to be made from Occupancy tax funds.

AYE 5 NO 0

RESOLUTION #86: AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH MAXWELL ASSOCIATES FOR RE-VAL WORK.

Introduced by Mr.Shaw, 2nd by Mrs.Wells authorizing Supervisor Monroe to sign contract, for 2008 re-val work, with Maxwell Associates, after attorney has been reviewed it. AYE 5 NO 0

Recommendation that Chamber provide an events coordinator - Councilperson Wells will attend Chamber of Commerce meeting tomorrow and inquire about an “events coordinator”.

Review parking restrictions on Theriot Ave. - letter received requesting that the parking issue on Theriot Ave be addressed again. Supervisor Monroe will speak with the landlord of the apartment house and will have Highway Superintendent Clark observe the parking conditions and make recommendations.

Request from Loon Lake Park Association to rename Municipal Center for Marv Cole - Association is requesting this because of input (volunteering and being paid for coordinating) that Marv had in converting of the “old school” into what is know the Town of Chester Municipal Center. Town Board felt that a public hearing should be held and was also suggested that perhaps a section of the building could be named after Mr.Cole.

RESOLUTION #87: SET DATE FOR PUBLIC HEARING IN REGARDS TO RENAMING OF THE TOWN OF CHESTER MUNICIPAL CENTER.

Introduced by Mr.Monroe, 2nd by Mrs.Wells to set date of August 14, 2007 at 7:30 pm for a public hearing in regards to the renaming of the Town of Chester Municipal Center or considering naming an area of the municipal center after Marv Cole. AYE 5 NO 0

Supervisor Monroe stated that Mrs.Swan contacted him about the condition of the Darrowsville Church and recommends that the unsafe building inspector be contacted to inspect the building.

Set date for public hearing on Berneal Sweet wastewater variance application.

RESOLUTION #88: SET DATE FOR SWEET WASTEWATER VARIANCE APPLCIATION.

Introduced by Mr.Shaw, 2nd by Mrs.Wells to set date of August 14, 2007 at 7:00pm for public hearing on the Berneal Sweet wastewater variance application. AYE 5 NO 0

RESOLUTION #89: AUTHORIZE PAYMENT OF ABSTRACT.

Introduced by Mrs.Wells, 2nd by Mr.Shaw authorizing payment of abstract, approve claims paid prior to audit and accept budget amendments:

Amendments to 2007 Budget:

Amend estimated revenue

A1120 sales tax +17,850

Amend appropriations:

A1010.4 town board-contr expend + 75

A1410.2 town clerk-equip + 500

A1620.2 town hall-equip/truck +9500

A4560.2 health ctr-equip + 250

A5010.4 hwy supt-contr expend + 150

A6410.21 publicity-str.lights + 75

A6510.4 publicity-contr expend + 150

A7110.2 parks-equip +5000

A7310.22 youth center +1800

A9055.8 NYS Dis ins + 350

17,850

Chestertown Water District

Amend appropriations

CW8320.2 Equip-truck +3000

CW8340.2 Equip-meters +2500

CW9950.92 trf to cap res (truck) <-3000>

2500

CW599 Appropriate fund bal 2500

Pottersville Water District

Amend appropriations

PW8320.2 Equip-truck +4300

PW9950.91 trf to cap res (truck) <-3000>

PW599 appropriate fund balance 1300

General Fund $ 46,096.50 ( 286-341)

Highway fund $ 78,963.05 ( 111-131)

Chtwn Water $ 3,413.34 ( 34 - 39)

P’ville Water $ 3,320.50 ( 43 - 49)

Library $ 1,588.08 ( 29 - 34)

Loon lk Pk dis 77.96 ( 2 )

AYE 5 NO 0

Motion by Mr.Shaw, 2nd by Mrs.Wells Town Board went into Executive Session at 8:20pm to discuss junkyard on Schroon River Road, Word of Life assessment litigation settlement, and request of assessor for salary increase. Motion by Mr.Shaw, 2nd by Mrs.Wells town board resumed regular session at 9:00pm. No action taken.

Motion by Mr.Monroe meeting was adjourned at 9:00pm.

__________________________

Town Clerk

(note: power went out at 7:20 pm - no tape recording available)