Minutes of the regular Town Board Meeting held Tuesday, February 12, 2008, at 7:00 PM, at the Keene Town Hall. The following Town Board Members were present: William B. Ferebee, Supervisor, Paul R. Martin (arrived a few minutes late), Robert M. Biesemeyer, Marcy A. Neville and Lawrence Jaques, Members of Council. Also present were: Argenta Reed, filling in for the Clerk to the Supervisor, Ron Bola, representing Elizabethtown Community Hospital, Matt Norfolk, representing the Town Attorney, 6 residents and Ellen Estes, Town Clerk.

The Chairman, Mr. Ferebee, called the meeting to order at 7:02 PM and invited everyone present to join in the Pledge of Allegiance.

Resolution No. 66 – 08
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Notes from the Informational Town Board Meeting held Tuesday, January 8th, the Minutes of the Organizational Town Board Meeting held Tuesday, January 8th, the Minutes of the regular Town Board Meeting held Tuesday, January 8th and the Minutes of the Annual Audit of Employees and Officers held Tuesday, January 15th, all be accepted as presented. This resolution was seconded by Mr. Jaques.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Absent at this time
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Mr. Ferebee explained to those present that Argenta Reed was present to present the Supervisors books for the annual audit for 2007.
Mr. Biesemeyer and Mr. Jaques said they had reviewed them and were satisfied. Mr. Ferebee said they are always open for anyone who would like to review them.

Resolution No. 67 – 08
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board has satisfactorily performed an audit on the books of the Supervisor for 2007. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Absent at this time
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Privilege of the floor was offered.
Jean Clifford gave an update on the Golden Peaks. She said they had finished their cookbook, it had been sent to the publisher and they expected it to be back in late April.
She said Golden Peaks is hosting a tax preparation day on Saturday, March 1st, at the Annex.
She also said the trip to the Amish Country in April will be happening, if anyone else is interested in joining.
She asked Mr. Ferebee if it would be possible to hold an AARP Driving Course in late March, he said he would check.

Mr. Martin arrived at this time.

Ron Bola was present to give an update on the happenings at the Elizabethtown Community Hospital.
He said they had redesigned their plans and were not putting on a second story, but would be expanding toward the parking lot. He said this expansion would house a new emergency room, a new procedure room and space to house some of the offices now housed in the clinic building, which will open up additional space in that building for more physical therapy. He said there will be pads put in for mobile units to hook up to. He said construction would begin the end of March or April with the Emergency portion being complete in October and the entire project being complete in May of 2009.
There was also a brief discussion about ECH taking over the Wilmington Clinic.

Marcy Neville spoke to the Board about a project for Tom Both.
She explained that as part of the Adirondack Harvest, Mr. Both would like to make available approximately 10 10’x10’ plots for gardens on Marcy Field. She said these plots would only be available to residents.
She said that the Adirondack Harvest may need to put up a deer fence and would take care of a pump for the well.
Mr. Ferebee said he had also talked to Mr. Both and all the Town has to provide is the land and the water.
Ms. Neville said the only complaint she had heard was about the deer fence.
She asked if the Town Board was interested in allowing this project.
There was discussion regarding whether there is a high salt content in the well at the north end of the field.
Mr. Martin suggested using one of the 2 plots that had been worked up for wildflowers, indicating that that didn’t work.
The Town Board agreed that Mr. Both can go ahead and advertise the plots to see if there is any interest.

Three representatives were present to discuss the Universal Pre-K Program with the Board.
Heather Morgan explained that the State is supporting grant money for this program, but that there are certain specifications that must be met. She said that one of these specifications is that the preschool is open 5 days a week. She explained that although the Little Peaks Board is working on this project with Keene Central School that half the Board would like to move to space at the School while the other half feel it would be best not to rush and best not to change location for at least a year. Therefore, she said Little Peaks is asking if the Town Board would allow then to use the building 5 mornings a week.
Discussion followed in regards to using the Community Center.
Mr. Ferebee said he is not opposed, but the only feedback he hears is regarding the building being tied up.
Mr. Biesemeyer said he felt they should stay where they are (at the Community Center) since its working.

Resolution No. 68 – 08
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that permission be given for Little Peaks to expend their program using the Community Center Facility 5 mornings a week. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Resolution No. 69 – 08
Mr. Biesemeyer offered a resolution and moved its adoption. This resolution, a Resolution In Support of Continued State Tax Payments on State-Owned Land in the Adirondack Park, is attached to and made a part of these minutes. This resolution was seconded Unanimously.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Correspondence has been received from Ironman asking the Town for their permission and support for their annual triathlon event scheduled for Sunday, July 20th.

Resolution No. 70 – 08
Ms. Neville offered a resolution and moved its adoption. Be it resolved, that a letter of Support be sent to Ironman and that pending receipt of a completed Town application for a Highway Permit, including proof of insurance, the Town Board authorize permission for issuance of a Highway Permit for their 10th Annual Triathlon to be held July 20, 2008. This resolution was seconded by Mr. Jaques.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Resolution No. 71 – 08
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that at the request of the Present & Past Masters and Wardens Association, they be allowed to use Marcy Field on Saturday, July 19th and Sunday, July 20th for their 14th Annual Craft Fair. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Mr. Ferebee explained to the Board that he had spoken to Milton Cat regarding the service agreement for the generator at Water District #2. He said this contract is a three year contract but explained that the annual servicing that is included nearly covers the cost.

Resolution No. 72 – 08
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that Mr. Ferebee sign the agreement for the Town of Keene to renew the 3 Year Service Contract for the generator at the Water District #2 plant. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Resolution No. 73 – 08
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that at the request of Bruce Reed, Highway Superintendent, the Town Board sign the Agreement to Spend Town Highway Funds for Improvements (CHiPs) on Airport Road. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Mr. Ferebee informed the Board that in light of Paula McDonough’s illness there would be no Bi-Monthly Town Board Meetings held for February or March.

Resolution No. 74 – 08
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, Bill Reed’s letter of interest for the vacancy on the Assessment Review Board be accepted and he be appointed to that position. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Mr. Ferebee informed the Board that he had a meeting on Friday with Assemblywoman Teresa Sayward and Vic Putman to discuss the plan for meeting with Steve Marshall, DOH, regarding funding for the Water District #2 project.

The next discussion was in regards to Local Law No. One of 2008 that will establish the appointment of one Assessor beginning on January 1, 2009, pursuant to Real Property Tax Law Section 328.
Matt Norfolk, partner to the Town Attorney, said he had been researching whether the Town Board would need to hold a public hearing or not. He said that since the Town had a permissive referendum on the November ballot, according to Real Property Tax Law he was confident that one was not needed.
Mr. Ferebee said that although the Local Law calls for this position to begin January 1, 2009, it would be before if the Town Board is ready or not at all if a qualified applicant is not found.

Resolution No. 75 – 08

RESOLUTION ADOPTING LOCAL LAW NO. 1 OF 2008
A LOCAL LAW ESTABLISHING ONE APPOINTED ASSESSOR

Mr. Jaques offered a resolution and moved its adoption.

Section 1. Title – This Local Law shall be known as Local Law No. One for the year 2008 and will establish the appointment of one assessor beginning on January 1, 2009, pursuant to Real Property Tax Law Section 328.

Section 2. Purpose – The purpose of this Local Law is to permit the Town of Keene to have but one assessor, to be appointed as provided in Real Property Tax Law Section 310.

Section 3. Pursuant to the authority granted by Real Property Tax Law Section 328, the Town of Keene provides that from and after the effective date of this Local Law, there shall be but one assessor to be appointed by the Town Board of the Town of Keene.

Section 4. Term of Office – The term of office of the assessor shall be six (6) years.

Section 5. Term of Office of Assessors – The term of office of all assessors presently in office shall terminate as of December 31, 2008.

Section 6. This Local Law shall take effect immediately and shall be filed pursuant to Law with the Offices of the Secretary of State and in the Office of the State Comptroller. It is not subject to referendum.

This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Resolution No. 76 – 08
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the 2007 Annual Report submitted by Frank Slycord, Building Code Officer. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Mr. Jaques suggested that a Get Well Note be sent to Paula McDonough, who had surgery last week. Mr. Ferebee informed the Board that the Town had already sent flowers.

Resolution No. 77 – 08
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the following bills be approved for payment, including those that were post paid. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

General Fund bills (2007 Vouchers) No. 780 – 781 $ 1,642.94
General Fund bills No. 22 - 82 66,426.73
Highway Fund bills No. 4 - 28 34,233.03
Library Fund bills No. 4 - 12 1,575.31
Water Dist. #1 bills No. 5 - 9 316.07
Water Dist. #2 bills No. 2 - 8 1,756.90

Mr. Ferebee informed the Board that Lyman Boynton’s water had been froze again. He said that Morris Coolidge from Rural Water had been to the site and had found that the lateral for Lyman’s water is 40” deep and that the lateral for the neighbor’s water, which is only inches away, is 48” deep. He said that when this is dug up, Steve Fuller has agreed to send a representative to watch.

Mr. Biesemeyer initiated the next discussion by asking if the bids had been advertised for the Water District #2 project.
Mr. Ferebee said no, that he is still waiting on the return of a lot of the easements.
Mr. Biesemeyer said he wanted to see the bids go out and saying that the easements could continue to come in. Ms. Neville agreed.
Mr. Ferebee asked what would be done about funding. Mr. Ferebee informed the Board that he has found out that land taken by eminent domain can not be covered by funding explaining that the land bought from Lynn Edmonds for the tank falls under that ruling.
Mr. Biesemeyer said one solution would be to go out to bid in phases and sections.
Mr. Ferebee said he has the meeting on Friday, he mentioned earlier, to discuss the plan for looking for funding.
Mr. Jaques suggested going out to bid to find out how much the different phases are going to cost.
Ms. Neville, Mr. Biesemeyer and Mr. Jaques all strongly agreed to get the project out to bid.
Mr. Biesemeyer also suggested a letter be sent to the landowners refusing to sign the construction easements explaining that their land would be taken by eminent domain if they do not sign these easements.

Resolution No. 78 – 08
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that all business having been transacted, this meeting be adjourned. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

The meeting was adjourned at 8:07 PM.

Ellen S. Estes, Town Clerk
February 19, 2008

William B. Ferebee, Supervisor
Paul R. Martin, Councilperson
Robert M. Biesemeyer, Councilperson
Marcy A. Neville, Councilperson
Lawrence Jaques, Councilperson