JANUARY 13, 2009

Regular meeting of the Town Board of the Town of Chester was held January 13, 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 #7: APPROVE MINUTES OF TOWN BOARD MEETINGS.

Introduced by Mr.Packer, 2nd by Mrs.Wells to approve the minutes of the December 9th Town Board meeting and the January 5, 2009 reorganization meeting. AYE 5 NO 0

Privilege of the floor:

Judge McDermott reported on amount of money handled by the court for 2008 and how much was turned over to Town of Chester.

Nicole Howe inquired if it would be possible to install lights on the sledding side of Dynamite Hill. The only lights on the hill are located at the tow rope. Discussion on checking for lights at the sledding area.

Gore Mountain ski trips - Nicole reported that prior to the ski trips, 2 students (which had registered and paid) had accidents and are not able to go skiing. Doctor’s reports have been received stating as such. Parents have requested reimbursement. Gore Mtn cannot reimburse and transfers cannot be done.

Discussion on some type of a contract for next year. Another problem seems to be the chaperone tickets - only 4 are being given. In the past 1 chaperone ticket for every 10 sign ups. Approximately 56 kids attend. Supervisor Monroe will talk to Mike Pratt.

RESOLUTION #8: WAIVE COST OF SKI TRIPS TO THE TWO INDIVIDUALS THAT ARE NOT ABLE TO ATTEND.

Introduced by Mrs.DuRose, 2nd by Mrs.Wells to waive the cost of the ski trips to Gore Mountain, to the two individuals that had accidents, prior to the first ski trip, and are not able to do the program. Doctor notices have been received. AYE 5 NO 0

Loren Pereau - Presented the Town Board with a 1948 aerial map showing the area of Starbuck Hill Road and Theriot Ave and at that time there was a triangle intersection. He requested that the Town Board consider removing the barrier located on Theriot Ave. and opening the road back up. Discussion on various ways to keep traffic and speed at a minimum and if the residents want Theriot Ave be a thru street again.

RESOLUTION #9: SET DATE FOR PUBLIC HEARING IN REGARDS TO THE BARRIER ON THERIOT AVE.

Introduced by Mrs.Wells, 2nd by Mrs.DuRose to set date of May 12th, 2009 at 7:30 pm for a public hearing in regards to the barrier on Theriot Avenue. AYE 5 NO 0

Old Business:

Response to APA comments on request for approval of zoning amendments - nothing new has occurred. Supervisor Monroe and Mr.Schachner will try to meet with APA and review.

Timber regulations - Timber cutting in hamlets and moderate intensity is prohibited. Zoning officer suggest that logging (timber cutting) be allowed in areas with a zoning certificate (some areas require site plan review). Supervisor Monroe feels that clarification may be needed in the definition and interpretation and having Mr.Schachner draft an amendment to allow timber cutting in hamlet and moderate intensity, with a zoning certificate and some reasonable exception for regular cutting of woodlots.

RESOLUTION #10: AUTHORIZE MARK SCHACHNER, ATTORNEY, TO DRAFT AN AMENDMENT IN TO HAMLETS AND MODERATE INTENSITY TO ALLOW TIMBER CUTTING WITH PERMITS.

Introduced by Mr.Packer, 2nd by Mrs.Wells authorizing Mr.Schachner to draft amendments to hamlets and moderate intensity to allow timber cutting with permit with reasonable exception for wood lot cutting. AYE 5 NO 0

New Business:

RESOLUTION #11: APPROVE REQUEST OF ROY LAYTON FOR EXTENSION OF TIME TO COMPLETE WORK.

Introduced by Mr.Packer, 2nd by Mrs.Wells approving request of Roy Layton for extending the time to complete work as approved by the Town Board acting as Local Board of Health, on septic waste water variance (approved Feb.2008). AYE 5 NO 0

RESOLUTION #12: APPROVE REQUEST OF MOAS NORTH WARREN CLASS TO COLLECT BOTTLES FROM TRANSFER STATION.

Introduced by Mrs.Wells, 2nd by Mr.Monroe approving request of MOAS North Warren Class to collect the bottles at the Town of Chester transfer station for a 3 month period. AYE 5 NO 0

Yoga class leader request for additional heat or window weatherization in auditorium - Discussion on using a different room, or covering the windows/fan.

RESOLUTION #13: SET DATE FOR ANNUAL FIREWORKS DISPLAY.

Introduced by Mrs.Wells, 2nd by Mr.Monroe to set date of July 11, 2009 for annual fireworks display for the Town of Chester.

AYE 5 NO 0

Resolution for Snow and Ice contract with the County was done at the November 2008 meeting.

All Phase - Councilperson Packer has talked with Bob Kohaut and stated that a decision should be reached within a couple of weeks.

RESOLUTION #14: AUTHORIZE THE PURCHASE OF 2009 7600 INTERNATIONAL, UNDER STATE CONTRACT.

Introduced by Mr.Monroe, 2nd by Mr.Packer authorizing the purchase of a new 2009 7600 International highway truck, under state contract. Cost $178,566.28. AYE 5 NO 0

RESOLUTION #15: NAME VOTING DELEGATE AND ALTERNATE FOR ANNUAL BUSINESS SESSION OF THE ASSOCIATION OF TOWNS MEETING IN FEBRUARY.

Introduced by Mrs.DuRose, 2nd by Mr.Durkish naming Frederick Monroe as voting delegate and Edna Wells as alternate for the Annual Business Session of the The Association of Towns meeting to be held on February 18, 2009.

Roll Call: Fred Monroe and Edna Wells - abstained.

Mike Packer - AYE Karen DuRose - AYE Steve Durkish - AYE

RESOLUTION #16: AUTHORIZE SUPERVISOR TO SIGN MOUNTAIN VIEW MEMORIAL CONTRACT FOR HEADSTONE REPAIR.

Introduced by Mrs.Wells, 2nd by Mr.Monroe authorizing Supervisor to sign contract for 2009 with Mountain View Memorial for headstone repair. AYE 5 NO 0

RESOLUTION #17: AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH INNOVATIVE PLAYGROUND SERVICES FOR 2009 MAINTENANCE INSPECTION.

Introduced by Mrs.Wells, 2nd by Mrs.DuRose authorizing supervisor to sign contract with Innovative Playground Services for the 2009 maintenance inspection for the playground equipment in Pottersville.

AYE 5 NO 0

RESOLUTION #18: AUTHORIZE PAYMENT OF ABSTRACT.

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

Councilperson Wells requested that ORDA #641, not be paid, until she has had time to review with Gore Mtn.

General fund $52,425.22 (617-670)

Highway fund 48,039.10 (240-264)

Chtwn water 642.14 ( 81- 84)

P’ville water 207.95 ( 79- 82)

Library 783.42 ( 61- 62)

Loon Lk Pk Dist 17,795.60 ( 21 )

General Fund 2009 $ 8,961.91 ( 1- 15)

Highway Fund 2009 28,510.58 ( 1- 4 )

Chtwn water 36.00 ( 1 )

P’ville water 22.39 ( 1- 2 )

Library 2009 $ 635.72 ( 1- )

AYE 5 NO 0

Motion by Mr.Monroe, 2nd by Mrs.Wells Town Board went into Executive Session at 8:25 pm to discuss North Warren Emergency contract and court clerk position. Motion by Mr.Packer, 2nd by Mrs.DuRose Town Board resumed regular session at 8:50 pm. No action taken.

RESOLUTION #19: AMEND RESOLUTION #200 OF THE DECEMBER 9,2008 TOWN BOARD MEETING IN REGARDS TO 2009 CONTRACT WITH NORTH WARREN EMERGENCY SQUAD.

Introduced by Mr.Packer, 2nd by Mrs.DuRose to amend Resolution #200 of the December 9, 2008 town board meeting:

RESOLUTION #200: AUTHORIZE SUPERVISOR TO ENTER INTO CONTRACT WITH NORTH WARREN EMERGENCY SQUAD WITH AMENDMENTS.

Introduced by Mrs.Wells, 2nd by Mrs.DuRose:

Authorize Supervisor Monroe to enter into contract with North Warren Emergency Squad to furnish emergency ambulance service in the Town of Chester in the amount of $60,000 (A4540.4) with the following amendments:

1. Require restructuring of Board of Directors to not include any paid employees, directly or indirectly paid with money for the service.

2. Further modification requiring that the Town Board be provided with audit reports for the last two years.

3. Detailed accounting of all squad expenditures.

The amendments would be provided in a form acceptable by the Town Board. AYE 4 NO 0

to delete pharagraph 1. “ unless they are required not to have paid employees on their board by the Public Authorities Accountability Act.” AYE 5 NO 0

Motion by Mr.Monroe meeting was adjourned at 8:55 pm.

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Town Clerk