JANUARY 5, 2009

Re-organizational meeting of the Town Board of the Town of Chester was held January 5, 2009 at 7:30 pm in the Town Municipal Center, Chestertown, NY.

Roll Call: Frederick H Monroe, Michael Packer, Edna Wells, Steve Durkish, and Karen DuRose.

RESOLUTION #1: AUTHORIZE AND APPROVE THE FOLLOWING FOR THE TOWN OF CHESTER:

"ROBERT'S RULES OF ORDER". TIME AND PLACE OF BOARD MEETINGS. OFFICIAL DEPOSITORY. OFFICIAL NEWSPAPER, and APPOINTMENTS FOR 2009.

Introduced by Mr.Packer, 2nd by Mrs.Wells:

1. Resolve that Robert's Rules of Order be the procedure to be adopted for all Town Board Meetings.

Pursuant to Sec.62 of Town Law, this Board shall hold meetings in the Town of Chester Municipal Center, Chestertown, NY on the second Tuesday of each month, beginning in January of 2009. Meeting will start at 7:30pm.

2. Pursuant to Sec.64, Sub Div 12 of Town Law, this Board hereby designates Glens Falls National Bank and Trust Co (Chestertown) and Community Bank NA (North Creek) as official depository for the Town.

3. Resolve that the Post Star, Glens Falls, NY and the North Creek News Enterprise, North Creek, NY be named as the official newspapers for the legal ads and bids for the Town of Chester.

4. Appointments for 2009:

Deputy Supervisor - Michael Packer

Deputy Highway/working foreman - Reginald Raymond

Deputy Town Clerk - Patricia Smith

AYE 5 NO 0

RESOLUTION #2: SET RATES AND APPOINTMENTS FOR 2009.

Introduced by Mr.Monroe and 2nd by Mrs.Wells:

Set Appointments and rates for 2009.

Historian Donna Lagoy $265.00 M

Water Superintendent Jason Monroe $40,437.00 A

Sexton Greg Bolton $665.00 A

Budget officer Frederick H Monroe $1,365.00 A

Legal Counsel Miller & Mannix 130.00 hr.

Deputy Supervisor Michael Packer $129.00 A

Zoning Admin/Sanitary

code enforcement Walter Tennyson $19,429.00 A

Animal Control Officer William Mosher $6,183.00 A

Planning Board Chair and members - per meeting $22.00

ZBA Chairman and members - per meeting $22.00

NYS Ass'n of Towns

Delegate Frederick H Monroe None

Alternate Edna Wells None

Registrar Vital Bernice Roberts None

Statistics Deputy Pat Smith None

Service Officer Frederick H Monroe None

Schedule of Annual Salaries for 2009:

Supervisor Frederick H Monroe $28,478.

Town Clerk Bernice Roberts $28,012.

Town Justice James McDermott $22,161.

Councilwoman Edna Wells $ 5,382.

Councilman Michael Packer $ 5,382.

Councilman Stephen Durkish $ 5,382.

Councilwoman Karen DuRose $ 5,382.

Highway Superint Gary Clark $46,866.

Assessor Paul Maniacek $58,289.

(Chester - $30,789 Horicon - $27,500)

Audit Committee Edna Wells - Karen DuRose $260. (per year - per person)

Hourly rates for 2009:

Bookkeeper Bruce Nolin $17.25

Deputy Town Clerk Pat Smith $11.92

Justice Clerk Karen Griffen CSEA

Sec to Zoning, Planning,

ZBA Secretary Patricia Smith $11.92

Assessor Clerk Carol Bleickhardt $12.42

Laborer - Part Time $ 9.28

Assistant Water Super Mike Peet CSEA

Library Technician Alma Alvarez $13.69

Election Inspectors ------------- county

Director of Youth Prog ---------- $4,872. per yr

And Rec. Leader-Summer Program - combined

Rec Ass't Director ------------- $ 9.00

Rec Assistants ------------- min. wage for 1st yr. Minimum wage plus $.50 2nd and later years.

Election Machine Cust. ------------- county

Unsafe Building Inspec Russ Lail $ 66.04 /Inspection

Food Pantry Marge Souran $ 9.69

Library Aide ---------- $ 9.48

Lifeguards (returning) $ 10.25

Assistant lifeguards $ 10.25

When doing lessons $ 10.75

Data collector Dan Smith $ 12.85

Assistant Library Technician Wendy Joy Hayes $ 10.97

Record Management Officer $ 13.29

Lake Constable per hour $ 16.23

Real Property Tax services assistant $ 11.52

Temporary part time court clerk $ 9.50

School Bus Drivers ------------- School wage

Museum - Betty Meade historical society

AYE 5 NO 0

RESOLUTION #3: AUTHORIZE AND APPROVE THE FOLLOWING FOR THE TOWN OF CHESTER:

MILEAGE RATE FOR THE YEAR, BONDING OF OFFICIALS, WATER SUPERINTENDENT TO ATTEND MEETING, RETURN CHECK CHARGE, AND TOWN CLERK ISSUE FIREWORKS PERMIT.

Introduced by Mrs. Wells, 2nd by Mr.Durkish: Authorize and approve the following:

1. Mileage allowance rate - as of 1/1/09 $.55

The rate will be paid to all legislative officers and designated employees of the Town for the use of their vehicles for each mile actually traveled, necessary to performance of their duties.

2. Resolve that the undertakings for all Town Officials be approved for payment for the year 2009.

3. Water superintendent to attend water works meeting.

4. $15. charge for any and all checks returned for insufficient funds 5. Authorizing Town Clerk to issue Fireworks permit according to Penal Law Sec. 4050.05.

AYE 5 NO 0

RESOLUTION #4: AUTHORIZE PAYMENT TO YMCA FOR NON-REFUNDABLE DEPOSIT.

Introduced by Mrs.DuRose, 2nd by Mrs.Wells authorizing a payment to YMCA for Lock-in contract for the February 20, 2009 event. This is a non-refundable deposit of $75. AYE 5 NO 0

RESOLUTION #5: OPPOSITION TO AMENDING SECTION 544 OF THE REAL PROPERTY TAX LAW AND AUTHORIZE FORM IN SUPPORT OF RESOLUTION BE FAXED TO ADIRONDACK ASSOCIATION OF TOWNS AND VILLAGES.

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

WHEREAS, the State Legislature created the Adirondack Forest Preserve in 1886 to conserve ecologically and recreationally significant tracts of land for watershed protection and ultimately the benefit of all New Yorkers, and in creating said Preserve, legally obligated the State of New York to pay full local property taxes, “as though privately held”, on all Forest Preserve lands, and

WHEREAS, the legitimacy of the State’s tax payments on the Forest Preserve was upheld by the NYS Supreme Court’s Appellate Division earlier this year, in the case of Dillenburg vs. NYS, in which the outcome in that case gave all Adirondack and Catskill communities assurance that state land taxes on the Forest Preserve were neither arbitrary nor capricious and that these taxes are based on the State’s legitimate powers granted to the State Legislature to waive its sovereign immunity from taxation in specified places such as the New York State Forest Preserve, and

WHEREAS, while we all understand the economic difficulties that the State is facing, the Chester Town Board is appalled by the idea that the Division of Budget would confuse their obligation to pay ad valorem property taxes with state aid to local communities by proposing a cap on state property tax payments on Forest Preserve lands to Adirondack towns, counties and school districts, when it would be far more constructive for state government to work cooperatively with local governments and school districts to reduce state mandates and help reduce property taxes for everyone, and

WHEREAS, the proposed tax cap would set a dangerous precedent by creating two separate ad valorem tax rates, one for the State and another for private property owners, and by doing so would shift the State's financial responsibility unequally to local taxpayers, hitting hardest those towns and districts with the fewest residents and the greatest amount of state land, which is often 60 to 70 percent of their property tax base, NOW, THEREFORE, BE IT

RESOLVED, that the Chester Town Board, which views the payment of taxes on Forest Preserve lands as a permanent, essential and inviolate commitment from the people of New York State, who benefit so greatly from the Preserve, is hereby adamantly opposed to any plan that shifts State spending by amending Section 544 of the Real Property Tax Law by adding a new subdivision 3, which in effect, would cap the State of New York’s legal obligation to pay full local property taxes, “as though privately held”, on all Forest Preserve lands, and, be it further

RESOLVED, the Chester Town Board respectfully requests the Governor to eliminate this injurious proposal to cap property taxes on the Forest Preserve and rescind the amendment to Section 544 of the Real Property Tax Law, paragraph 3, within the thirty day amendment period of his proposed executive budget and thus provide for the economic survival of our small rural community which depends on his leadership to dispense “shared sacrifice” equitably, and, be it further

RESOLVED, that a certified copy of this resolution be forwarded to the Honorable Governor David Patterson, Honorable Assemblywoman Teresa Sayward, Honorable Senator Elizabeth Little and the Adirondack Association of Towns & Villages.

AYE 5 NO 0

RESOLUTION #6: RESOLUTION IN SUPPORT OF LITIGATION AGAINST THE ADIRONDACK PARK AGENCY TO OVERTURN RECENTLY ADOPTED REGULATIONS.

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

WHEREAS, The Adirondack Park Agency has recently adopted regulations that will have a negative impact on the economy of the Town of Chester, and;

WHEREAS, The Adirondack Park Agency may have exceeded their authority to adopt these regulations, and;

WHEREAS, If administrative efforts to reverse these regulations are not successful, it will be necessary to seek relief in the courts.

NOW THEREFORE, BE IT RESOLVED, That the Town of Chester join with the Adirondack Counties and other local governments in an effort to reverse Adirondack Park Agency actions and contribute financial support in the amount of two hundred and fifty dollars ($250).

AYE 5 NO 0

Bob Kohaut, All Phase Electric, presented to the Town Board an itemized list of charges for the work/installation for the decorative streetlights in Pottersville. Further discussion on the charges that were over and above the bid price. Tabled until January 13 regular town board meeting.

Consider asking Paul Buckman to be an alternate for Schroon Lake Park District.

Audit report, done by Mrs.Wells and Mrs.DuRose was given to Town Board. Audit report was for the bookkeeper, court and town clerk records.

Motion by Mr.Packer, 2nd by Mrs.Wells Town Board went into Executive Session at 8:45 pm to discuss contract issue on All Phase electric, decorative street lights in Pottersville, and employment of court clerk. Motion by Mr.Packer, 2nd by Mrs.Wells Town Board resumed regular session at 9:15 pm. No action taken.

Motion by Mr.Packer meeting was adjourned at 9:20 pm.

_____________________

Town Clerk