FEBRUARY 10,2009

Regular meeting of the Town Board of the Town of Chester was held February 10, 2009 at 7:30 pm in the Town of Chester Municipal Center, Chestertown, NY.

Roll Call: Frederick Monroe, Michael Packer, Stephen Durkish, Edna Wells and Karen DuRose. Mark Schachner - attorney for the Town.

RESOLUTION #20: ACCEPT MINUTES OF TOWN BOARD MEETINGS.

Introduced by Mrs.Wells, 2nd by Mrs.DuRose to accept the minutes of the January 5th and 13th Town Board meetings. AYE 5 NO 0

Privilege of the floor:

Laurie Hughes - request use of auditorium for an exercise class, to be held on Monday or Thursday mornings at 10 am. Participants would be charge to attend and class is open to the public. She would provide her own equipment, with the exception of chairs that would be needed.

RESOLUTION #21: APPROVE REQUEST OF LAURIE HUGHES TO HOLD EXERCISE CLASS.

Introduced by Mrs.Wells, 2nd by Mrs.DuRose approving request of Laurie Hughes to hold an exercise class in the auditorium on Thursday mornings. Time approximately 9:30 am to 11:00 am. Town will be reimbursed 10% of proceeds taken in and request that the town be added on her insurance as an additional insured. AYE 5 NO 0

Jason Monroe, Water superintendent, reported on the work being done at the Dynamite Hill Well#2. The well stopped pumping water. He found that the pump had broken into two pieces. A new pump was installed along with one section of pipe and wire. Jason recommends that the well be cleaned and the screen. Will be considered in the 2010 budget.

Old business:

Response to APA comments on request for approval of zoning amendments - Supervisor meet with John Banta, APA council, in regards to request for “in law/family member apartments”. Mr.Banta would like to meet with Mr.Monroe and Mr.Schachner in the near future.

Contract with North Warren Emergency Squad - attorney opinion re PAAA

Mr.Schachner was asked to research the Public Authorities Accountability Act in regards to the North Warren Emergency Squad having employees serving on the Board of Directors. He found that the squad is not qualified as public authority and PAAA does not prohibit employees from serving on board of directors, as long as it is not a majority.

New business:

RESOLUTION #22: AUTHORIZE SUPERVISOR TO SIGN LARAC GRANT AGREEMENT.

Introduced by Mr.Packer, 2nd by Mrs.Wells authorizing Supervisor Monroe to sign LARAC Grant Agreement for the presentation of Carmenella by the Seagle Music Colony Children’s Opera on August 1, 2009 at 10:30am. AYE 5 NO 0

Revision of timber cutting regulation in zoning ordinance - a draft local law was prepared for “amending Chester Zoning Law to allow timber harvesting in hamlet district, subject to site plan review.”

This will need APA review.

RESOLUTION #23: SET DATE FOR PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE ZONING LAW.

Introduced by Mr.Packer, 2nd by Mr.Durkish to set date of March 10 (Tuesday), 2009 at 7:00pm for a public hearing on the following proposed amendments to the Town of Chester Zoning Local Law:

1. Create boundary line provision

2. Provide for regulation of junk

3. Create an overlay district for the Friends lake watershed.

4. Create a provision to allow accessory apartments

5. Allow timber harvesting in hamlet district, subject to site plan review. AYE 5 NO 0

Cable TV franchise meeting - to be held February 26, 2009 (Thursday) at 7:00 pm at the Town Municipal Center to talk about the franchise. Supervisor Monroe and Councilperson Wells meet with representative from Time Warner.

Hiring freeze - Councilperson Wells would like for hiring freeze be considered for a short while.

Councilperson Packer feels that overtime in highway and parks should be cutback. Meeting with highway committee and highway superintendent.

Discussion on clearing sidewalks early in the morning and how many are called in.

Discussion on the clearing of the Valley Farm Rd sidewalk.

Supervisor Monroe has talked with John West in regards to sidewalk cleaning and has also talked with highway superintendent about having only one person per plow truck. He did say there are some issues and it is safer to have 2 people in a truck (wing man). County is considering split shifts. Controls on truck would need to be changed so the driver can operate the wing. Supervisor Monroe did say that safety training, modify trucks, and review the routes (some routes need to have the driver plus a wing person) would need to be considered.

RESOLUTION #24: AUTHORIZE SETTLEMENT WITH ALL PHASE ELECTRIC.

Introduced by Mr.Packer, 2nd by Mr.Durkish authorizing a letter of settlement and a check, in the amount of $31,655.94 be sent to All Phase Electric, 860 NYS Rt9, Ticonderoga, NY for the decorative streetlights that were installed in the hamlet of Pottersville.

Revised bid total was $17,688 and an additional $13,967.94 for changes that were made/added. AYE 5 NO 0

RESOLUTION #25: AUTHORIZE CLERK TO ADVERTISE POSTING OF TOWN ROADS.

Introduced by Mr.Packer, 2nd by Mrs.DuRose authorizing town clerk to advertise posting of town roads. AYE 5 NO 0

RESOLUTION #26: APPROVE TOWN CLERK’S REQUEST TO ATTEND NYS TOWN CLERKS ASSOCIATION’S CONFERENCE IN ROCHESTER.

Introduced by Mrs.Wells, 2nd by Mr.Durkish approving town clerk’s request to attend the New York State Town Clerks Association conference in Rochester on April 26-29. AYE 5 NO 0

RESOLUTION #27: APPOINT TOM LUCIANO AS SCHROON LAKE PARK COMMISSIONER ALTERNATE FOR THE TOWN OF CHESTER.

Introduced by Mrs.DuRose, 2nd by Mrs.Wells to appoint Tom Luciano, 3559 E. Schroon River Road, Pottersville, NY to the Schroon Lake Park Commissioner for the Town of Chester as the alternate. (note that Mr.Luciano owns property in the Town of Chester, on Carl Turner Road). AYE 5 NO 0

RESOLUTION #28: ADVERTISE FOR SALE A 1994 CHEVY ONE TON.

Introduced by Mrs.Wells, 2nd by Mr.Monroe to advertise for sale a 1994 Chevy one ton. Sealed bids will be opened at the March meeting. Minimum bid of $700. AYE 5 NO 0

Supervisor Monroe will talk to John West on the other items that were listed for sale.

Supervisor Monroe has had a request for an informational “long term care plans” presentation to the employees. Space would be available if a company wanted to do such.

RESOLUTION #29: REQUEST THAT FOOD PANTRY BE CLEANED.

Introduced by Mr.Packer, 2nd by Mr.Monroe requesting that the food pantry be cleaned and provide help if needed. AYE 5 NO 0

Voucher #40 J H Schrade Enterprises, Box 71, North Creek (phone 251-3115) rental on portable outhouse at Loon Lake beach in the amount of $135 (Jan.17 - Feb.13) - company needs to be contacted and have rental unit removed.

RESOLUTION #30: AUTHORIZE PAYMENT OF ABSTRACT.

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

General fund $34,611.04 (16-57)

Highway fund 40,919.60 ( 5-28)

Chtwn water 4,361.14 ( 2-10)

P’ville water 2,054.59 ( 3- 7)

Library 1,397.37 ( 2- 8)

General Fund 2008 $ 2,552.40 (671-677)

Schroon Lk Pk Dist 2,733.15 ( 4 )

AYE 5 NO 0

Motion by Mrs.DuRose, 2nd by Mrs.Wells Town Board went into Executive Session at 8:25 pm to discuss court clerk position. Motion by Mr.Monroe, 2nd Mr.Packer Town Board resumed regular session at 8:45 pm. No action taken.

RESOLUTION #31: REQUEST FOR SECOND SIGNATURE ON TAX ACCOUNT BY BONDING COMPANY.

Introduced by Mrs.Wells, 2nd by Mrs.DuRose authorizing the second signature on the Tax and Water checking account be that of the Supervisor of the Town of Chester, as per the request of the insurance bond company for second signature on that account.

AYE 5 NO 0

Discussion on making the positions of highway superintendent and town clerk appointed positions, instead of elected, and what needs to be done to have these on the November 2009 ballot. The changing from elected to appointed positions would need to be done with a Mandatory referendum and put to the voters at either a special election or at the biennial town election. A local law would need to be drafted.

Town Board requested to have Mr.Schachner research to see how long “an appoint” would be - done annually or can an appoint be done for a certain number of years (two, three, four years).

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

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Town Clerk