draft town board meeting and public hearing …oct 14, 2020 · chester to adopt a town budget for...

Draft

TOWN BOARD MEETING

AND PUBLIC HEARING

OCTOBER 14, 2020

7:00 PM

Supervisor Valentine opened the meeting at 7:00pm followed by a salute to the flag. Members present: Supervisor Valentine,

Councilman Becker, Councilman Courtenay, Councilwoman Smith

Also present: Scott Bonacic, Esq., Al Fusco, Engineer

Due to COVID-19, this meeting was live-streamed via FB Live. Public comments were taken, and will be accepted via email

or regular mail.

PUBLIC HEARING - SPECIAL DISTRICTS

ON A MOTION OFFERED BY Councilwoman Smith and second by Councilman Courtenay to open the Public Hearing at

7:00pm on the matter of the Special Districts within the Town of Chester.

VOTE: AYES 4: Valentine, Becker, Courtenay, Smith ADOPTED

Supervisor Valentine read the Public Notice as it appeared in the Times Herald Record on October 3, 2020 and mailed to all

property owners within any Special District.

TOWN OF CHESTER

1786 KINGS HIGHWAY, CHESTER, N Y 10918

NOTICE OF PUBLIC HEARING – SPECIAL DISTRICTS

PLEASE TAKE NOTICE THAT the Town Board of the Town of Chester will hold a public hearing at the Town of Chester

Town Hall, 1786 Kings Highway, Chester, NY on Wednesday, October 14, 2020 at 7 PM or as soon thereafter as the matter

may be heard for the purpose of reviewing, pursuant to Section 202-a of the Town Law, the assessment rolls prepared for the

following special districts within the Town: Walton Lake Estates Water, Surrey Meadows Water, Lake Hill Farms Water, Sugar

Loaf Hills Water, Fieldcrest Water, Refuse District, Benefit Area 1, Benefit Area 2, Benefit Area 1A, Consolidated Sewer

District 1, Consolidated Sewer including Operation & Maintenance, Consolidated Sewer Benefit, Sewer District 4A, Sewer

District 4A Benefit Area, Sewer District 4A Operation & Maintenance, Sewer District 5, Sewer District 5 Benefit Area, Sewer

District 5 Operation and Maintenance, Lake Region Sewer District 7, Lake Region Sewer District Operation and Maintenance,

Sewer District 8, Ashford Estates Drainage District, Fox Hill Drainage District, Eagle Crest Drainage District, Warwick Ridge

Drainage District, Woodridge Drainage District, Chesterdale Drainage District and any other special districts within the Town

of Chester.

Copies of the special district assessment rolls are on file in the Office of the Town Clerk, 1786 Kings Highway, Chester, NY

and may be inspected there during normal business hours by any interested party.

The Town Board will hear all persons who desire to comment either in favor of, or in opposition to, the adoption of said rolls

at the time and place set forth herein. Persons may appear in person or by agent. Written comments should be addressed to the

Town Board, Town of Chester, 1786 Kings Highway, Chester, NY 10918 or may be delivered to the Town Clerk at, or prior

to, the hearing.

BY ORDER OF THE TOWN BOARD,

TOWN OF CHESTER

Linda A. Zappala, Town Clerk 1786 Kings Highway, Chester, NY 10918

Dated: September 24, 2020

He asked for comments from the public. There were none.

ON A MOTION OFFERED BY Councilwoman Smith and second by Councilman Courtenay to close the public hearing at

7:05pm.


ACCEPTANCE OF MEETING MINUTES

ON A MOTION OFFERED BY Councilwoman Smith and second by Councilman Becker to accept the Town Board

Meeting Minutes for September 9, 2020 and September 23, 2020.


ACCEPTANCE OF MEETING MINUTES

ON A MOTION OFFERED BY Councilwoman Smith and second by Councilman Courtenay to accept the Town Board

Budget Meeting Minutes for September 28, 2020 and September 30, 2020.


PRELIMINARY BUDGET 2021

Supervisor Valentine explained that the tax levy is approximately 1.5%, against the current 1.3% cap. He had to strip out

certain items from all that was included in the wish lists and made drastic cuts in the departments’ budgets due to the

reduction in revenues related to COVID-19.

ON A MOTION OFFERED BY Councilwoman Smith and second by Councilman Courtenay to adopt the Preliminary

Budget for 2021.


SET PUBLIC HEARING – PRELIMINARY BUDGET 2021

ON A MOTION OFFRED BY Councilwoman Smith and second by Councilman Courtenay to set a public hearing on the

matter of the Preliminary Budget 2021 and direct Town Clerk Zappala to cause to publish notice of same. The Town Clerk

added that the Preliminary Budget would be also posted on the Town’s website at chester-ny.gov.

DISCUSSION: Tracy Shuh had emailed a message that the format is difficult to understand. Supervisor Valentine said it is

in a municipal budget format and to call if you need an explanation.

INTRODUCTORY LOCAL LAW No. 1 of 2020 - TAX CAP OVERRIDE

ON A MOTION BY Councilwoman Smith and second by Councilman Courtenay to Introduce Local Law No 1 of 2020 –

Tax Cap Override.

A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW

SECTION 3-C

Be it enacted by the Town of Chester in the County of Orange, as follows:

Section 1. Legislative Intent

It is the intent of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of

Chester, County of Orange, State of New York (hereinafter “Chester”) pursuant to General Municipal Law § 3-c, and to allow

Chester to adopt a town budget for (a) town purposes and (b) any other special or improvement district governed by the Town

Board for the fiscal year 2020 that requires a real property tax levy in excess of the "tax levy limit" as defined by General

Municipal Law § 3-c.

Section 2. Authority

This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly authorizes the Town

Board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the Town Board.

Section 3. Tax Levy Limit Override

The Town Board of the Town of Chester is hereby authorized to adopt a budget for the fiscal year 2020 that requires a real

property tax levy in excess of the limit specified in General Municipal Law, §3-c.

Section 4. Severability.

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or

corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such

order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the

clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or

corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective date.

This local law shall take effect immediately upon filing with the Secretary of State.


SET PUBLIC HEARING ON INTRODUCTORY LOCAL LAW No. 1 of 2020 - TAX CAP OVERRIDE

ON A MOTION OFFERED BY Councilwoman Smith and second by Councilman Courtenay to set a public hearing on the

matter of the Introductory Local Law No. 1 of 2020 - Tax Cap Override on October 28, 2020 at the Town of Chester town

Hall, 1786 Kings Highway, Chester and direct Town Clerk Zappala to cause to public notice of same.


RESOLUTION ACCEPTING RESPONSIBILITY FOR ROADWAYS

ON A MOTION OFFERED BY Councilman Becker and second by Councilman Courtenay to adopt the following resolu-

tion;

WHEREAS, certain parcels of land known and designated as being Ridgefield Drive, Sunrise Pointe, Gilmour Way,

and Boville Court had been offered for dedication to the Town of Chester for highway purposes; and

WHEREAS, the Highway Superintendent of the Town of Chester had indicated that road construction has been

completed to his satisfaction; and

WHEREAS, the Town Board of the Town of Chester, on August 28, 2019, January 8, 2020 and April 8, 2020 had

approved said dedications.

NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Chester, accepts legal responsibility

of

Ridgefield Drive beginning off Vivian Lane continuing .36 miles to the cul-de-sac which measures an additional .05 miles

ending at .41 miles;

Sunrise Pointe beginning off Ridgefield Drive continuing for .03 miles to the cul-de-sac which measures and additional .05

miles ending at .08 miles;

Gilmour Way beginning off Laroe Road (County Route 45) continuing for .13 miles to the cul-de-sac which measures an

additional .05 miles ending at .18 miles; and

Boville Court beginning off State Route 94 continuing for .22 miles to the cul-de-sac which measures an additional .06 miles

ending at .28 miles.

BE IT FURTHER RESOLVED, the Town Board of the Town of Chester accepts responsibility for the mainte-

nance and repair of

Ridgefield Drive beginning off Vivian Lane continuing .36 miles to the cul-de-sac which measures an additional .05 miles

ending at .41 miles

Sunrise Pointe beginning off Ridgefield Drive continuing for .03 miles to the cul-de-sac which measures and additional .05

miles ending at .08 miles

Gilmour Way beginning off Laroe Road (County Route 45) continuing for .13 miles to the cul-de-sac which measures an

additional .05 miles ending at .18 miles

Boville Court beginning off State Route 94 continuing for .22 miles to the cul-de-sac which measures an additional .06 miles

ending at .28 miles.


STANDARD WORKDAY AND REPORTING RESOLUTION FOR ELECTED AND APPOINTED OFFICIALS

ON A MOTION OFFERED BY Councilwoman Smith and second by Councilman Courtenay to adopt the following

Standard Workday and Reporting Resolution for Elected and Appointed Officials of the Town of Chester.


STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT

ON A MOTION OFFERED BY Councilwoman Smith and second by Councilman Courtenay to approve the Stormwater

Control Facility Maintenance Agreement with 1657 Management LLC, regarding the property depicted on the Elkay Drive

Commercial Building Site Plan. Attorney Bonacic explained that this was a standard agreement coming out of Planning

Board approval.


REPORTS

Supervisor Valentine read the following reports into the Minutes.

Engineer’s Report

GREENS AT CHESTER:

Compliant with SWPPP – starting 200,000 gallon underground water storage.

RIDGEVIEW:

SWPPP inspections.

HIGHWAY GARAGE:

Minor punch list items remaining. Request funding for fire alarm, upgrade and paint exterior of existing space to match.

JOHNSON ROAD:

Reviewing Johnson Road grant with NYSDOT.

WELL:

We surveyed proposed new area. Recommend we do some work with Robert Miller Hydrologist for final site. Agree with

Thomas Becker that a re-drill of existing well may be appropriate on temporary basis. He understands the Town water

system well.

GRANTS:

Working on grants for Senior Center generator and also Chester PAC improvements and possible film festivals.

HILLS OF CHESTER:

Under review, bonds posted.

Water Department Report – Month of September

The Water Department processed and distributed 7,061,336 gallons of water for the month of September. The districts daily

average ranged from 455 to 82,000 gallons. The breakdown is:

Lake Hill Farms- 2,482,000 gal.

Sugar Loaf- 1,688,500 gal.

Surrey Meadows- 1,607,800 gal.

Walton Lake Estates- 1,066,800 gal.

Fieldcrest- 202,565 gal. (Distribution only)

Town Hall- 13,671 gal.

Distribution sampling by us as well as random sampling by Orange County DOH showed adequate disinfection levels, and

tested negative for any type of bacteria.

Monthly DOH 360 forms and test results for 8/2020 on all districts were submitted to DOH on 9/9/20.

Laboratory testing dates were 9/2 & 9/16.

Mowing dates at the plants were 9/1 & 9/3.

Bi-annual meter reading was done full time at all districts from the week of 9/4 through the week of 9/15.

Meter repairs and rereads ran from the 16th to the 26th.

Other Business:

Sugar Loaf was mostly quiet with routine operations and maintenance.

Surrey Meadows was mostly quiet with routine operation and maintenance.

Lake Hill Farms was mostly quiet with normal operations and maintenance. There was a service line leak at 44 Wilson

Road on the 8th. It had to be replaced from the main to the curb valve. Moodna assisted with the vac-truck, and Highway

with the backhoe and trucking.

Fieldcrest was mostly quiet with normal operations and maintenance.

Walton Lake was mostly quiet with routine operations and maintenance. All useable wells are online at this point. The

backup well is high maintenance and requires two filter backwashes per day. We plan to try a well rehab/re-drilling in early

October to hopefully produce more gallons per minute and greater yield. It is a temporary solution.

ANNOUNCEMENTS

Supervisor Valentine announced the upcoming Shred Event hosted by the Town Clerk on October 23, 2020 from 10am-

12noon at the Town Hall parking lot. Bring proof of residency and note social distancing guidelines will apply.

Chester Highway Department leaf pickup starts October 19 through December 4, 2020. Leaves should be placed curbside,

not in bags and be free of debris.

TOWN BOARD COMMENTS

Councilwoman Smith announced a Halloween event to be held on October 31st. Kristen explained the event will be from 11-2

at the Commons Park and open to the Town, Village and Chester School District. It will be a walk through event going from

vehicle to vehicle using social distancing guidelines, coordinated with the Police Departments, Fire Department, Kiwanis,

Knights of Columbus, Girl Scouts and Boy Scouts and other community partners. Plans are in the works for a Santa Drive-By

on December 11th. She announced the Girl Scout garden project is in progress and monetary or material donations are

appreciated.

Councilman Becker gave an update on the work at Walton lake Estates. The well drilling was unable to increase the depth of

the existing well due to there being a broken drilling bit at the bottom of the well from a previous well driller. A new pump

was installed to replace the existing pump that was plugged with manganese. The well is now producing 50gpm and the water

table is down to 80-100ft from normal levels. He said we now need to work on a new well location. He thanked Billy Keller

and Chris Cocks for installing new air lines in the highway garage. He said it is great that our departments work together and

do things in house to save money. With regard to the Noise Ordinance public hearing, he said we received some very good

feedback from a local business and the public. He asked the Board the following questions. Are you in favor of making a

change exempting established commercial and industrial uses located in commercial and industrial zoning districts that have

already gone through comprehensive environmental review? Should hospitals, nursing homes and schools be considered the

same as a residential district? Should the weekend noise cut off time be 10:00 pm not 11:00pm? He suggested before this is

adopted into law, the Planning Board and the Police Chief should review for any additional comments.

Councilman Courtenay said he identified some grants that came out of the budget sessions and Al Fusco is working on the

generator for the senior center. He said he is working with Supervisor Valentine to get out of crisis and with Walter on some

exciting things planned for which a press release will be sent. He added that Broadway is not expected to re-open until May

2021. Supervisor Valentine added that most bookings have been changed to 2021 and although we cannot have shows, there

remains a lot of interest. Supervisor Valentine announced October as Cancer Awareness Month and Councilman Courtenay

directed people to the link on his FB page to make donations.

PUBLIC COMMENTS

Ms. Grassi asked why the Town fields and parks are used by outside organizations which limit the use to those who actually

own it and pay taxes. She asked if discounts are given to travel teams or organizations of Chester residents. She was referred

to Kristen Palmer for further information, who stated the parks are available by permit with no priority given on a first come,

first served basis and has not denied use by residents. All teams are treated fairly as demand allows as the Little League is

not exclusionary.

Chandra Metzler, 1301 Kings Highway, a resident of 13 years, expressed this was the first time attending a Town Board

meeting. She said she recently became aware about the project planned at Kings Highway and Bellvale Road, zoned

industrial and thought the 500 foot notification rule was too limited. She was told that the notice would have been published

in the Times Herald Record. Her concern was about the number of trucks per day through the hamlet. She said she respects

the owner’s rights to develop their property but was concerned for the traffic and hours of operations from 7am-10pm.

Supervisor Valentine replied that the Town Board doesn’t control the Planning Board but they follow the rules of the Town

Code. He stated that trucks shouldn’t go through the hamlet. Supervisor Valentine said the Town is working on

improvements and signage throughout the hamlet.

John Burleson of the Bruderhof Community announced that after living in Chester for the past 19 years, he and his family

will be moving to Eastern, TN next week to finish their due diligence on a new community. He introduced Roy Mendel who

will be taking on his responsibilities at Bellvale and will be here to help the community going forward. He thanked all for

being friends and welcoming him to the community.

Gary Green, Village of Chester Water Department addressed the Board on behalf of Trustee Brian Boone of the Village of

Chester with regard to notification not being received by the Village concerning the planned warehouse at 210 Black

Meadow Road. He spoke on flood plain and run off concerns as raised by VOC engineers. Planning Board member Larry

Dysinger replied the planning Board also raised these concerns, that initial meetings were preliminary, and that the VOC and

VOC Water Department will be notified going forward.

Supervisor Valentine addressed the email received from Tracy Shuh for clarification of the Town Budget report. Supervisor

Valentine explained that personal Services would include payroll and longevity, Equipment is plain and Contractual would

include outside services employed by the Town. Concerning her question regarding the Speed limits reduction request on

Conklingtown Road and Kings Highway at Ridge Road, near the Bellvale warehouse project, Supervisor Valentine replied

that he will follow up on the requests with a possible petition being made to the County as Kings Highway is a County Road.

With regard to her request for an update on policies in draft, Supervisor Valentine said the Noise Pollution Control, Vehicle

Usage, Lighting Ordinance and Well Permits are in the works but not finalized. Councilman Becker asked if there were any

comments on the Town’s Vehicle Policy.

ADJOURNMENT

ON A MOTION OFFERED BY Councilwoman Smith and second by Councilman Courtenay to adjourn the meeting at

7:50pm there being no further business brought before the Town Board. Motion carried 4-0.

Respectfully submitted,

Linda A. Zappala

Town Clerk

2020-10-14

draft town board meeting and public hearing …oct 14, 2020 · chester to adopt a town budget for...

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