Minutes of the Town Board Meeting held Tuesday, June 13, 2006, at 7:00 PM, at the Keene Town Hall. The following Town Board Members were present: William B. Ferebee, Supervisor, Paul R. Martin, Robert M. Biesemeyer (arrived a few minutes late), Marcy Neville and Lawrence Jaques, Members of Council. Also present were: 11 residents including 3 Youth Commission Board Members, Ron Briggs, Town Attorney, Bruce Reed, Highway Superintendent and Ellen Estes, Town Clerk.

The Chairman, Mr. Ferebee, called the meeting to order and invited everyone to join in the Pledge of Allegiance.

Resolution No. 137 – 06
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the Minutes of the May 10th and May 30th Town Board Meetings as presented. This resolution was seconded by Mr. Jaques.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent at this time
Ms. Neville: Yes
Mr. Jaques: Yes

Privilege of the floor was offered.
Jean Clifford gave an update on Golden Peaks, saying that she visited the DOH Mobile Health Clinic and was looking into having them come to Keene.

The next discussion was in regards to Youth Commission.
Mr. Ferebee began by explaining that at the last Town Board Meeting, the Town Board had authorized the advertising of a proposed Jr. Counselor position at $7.00 per hour.
Jerry Smith, Chairman of the YC Board, said he feels the ratio of counselors to children is enough, he said there are 8 counselors and 40 children. He said if there was hiring done, he would prefer to see another boy on board, but he still didn’t feel it was necessary, he would rather save the money.
Mr. Martin asked how many male counselors there are, and Mr. Smith responded one, Chris Abbott.
Marcy LeClair stated that last year there were 9 counselors, she said that the most important issue with the program is safety and said this position would only cost $1,500.
Mr. Ferebee said that the permission to hire was given at the last meeting Board meeting.
Mr. Smith said if hiring is done, the position should go to the most qualified.
Mrs. LeClair said she agreed, but would like to keep the program in the safest position.
Ms. Neville cautioned gender being involved.
Mr. Biesemeyer said he wasn’t sure whether another person is needed, though he said he had no problem with the money.
Mr. Smith said the Youth Commission usually employs a total of 8 counselors, he said last year the Board thought they needed an EMT and hired the 9th.
Mr. Ferebee asked the Town Board how they feel about hiring a 9th counselor.
Mr. Biesemeyer said he felt that was entirely a Youth Commission decision.
Mr. Biesemeyer offered a resolution authorizing, that if the Youth Commission Board’s decision was to hire a 9th counselor it be allowed. This resolution was seconded by Mr. Martin and opened to further discussion.
Mrs. LeClair explained that the Youth Commission met last night and only 2 members were present, she said that phone calls were made to the other members and of the 5 members who voted, 4 voted for the same female applicant and one voted for the male. She said there were issues involved in this hiring.
Mr. Jaques questioned whether this is a legal vote.
(continued)
Mr. Briggs said it depends on the by-laws.
Mrs. LeClair said that the Youth Commission needs to work on those also.
Mr. Martin said that it sounded like the Board had indicated what they wish.
Mr. Smith said if this hiring is done, then 3 of the Youth Commission Board Members will be resigning.
Flo Abbott said the Youth Commission Board has not always been active but she felt they needed to be a supportive Board.
Mrs. LeClair said that the Board challenges her much more than they would a Town Board Member.
Mrs. Abbott said that Marcy’s knowledge has been very helpful to the YC Board.
Mr. Martin said he thought the Town Board should take the YC Board’s decision.
Mr. Jaques said he agreed.
Mr. Biesemeyer said it sounds like a lose- lose situation.
Mr. Jaques agreed that it didn’t seem not cut and dried.
Mr. Smith said he has been on Youth Commission Board for 20 years and this has been his worst year.
Mr. Jaques said that a request that should have come from the full YC Board came to the Town Board at their last meeting from one member in the form of a letter.
It was discussed whether to enter Executive Session to further discuss personnel.

Resolution No. 138 – 06
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board enter Executive Session to discuss personnel. 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

The Board entered Executive Session at 7:31 PM.

Resolution No. 139 – 06
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board reconvene into regular session. 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

The Board reconvened into regular session at 7:45 PM.

Mr. Biesemeyer withdrew the resolution made earlier authorizing the hiring of a 9th counselor.
Mr. Ferebee explained that the Town Board had discussed the issue and had chosen not to hire a 9th person this year, he said the candidates would need to be interviewed and that with the required course being given on Friday, there just wouldn’t be the time.
Mrs. Abbott and Mrs. LeClair said that Youth Commission Representatives came to the Town Board 2 weeks ago as a Board and were given permission to advertise this position.
The Town Board said they gave permission to advertise but did not authorize any hiring by resolution.
Mrs. LeClair asked the Town Board to consider her telling them now that she was resigning, as her resignation.
(continued)
Mr. Ferebee said that makes him feel bad, he said this was a no win situation.
Mr. Martin said this situation has been quite confusing the last couple months.
Mrs. LeClair said she had done her best.
Mr. Ferebee asked her to sleep on the idea of resigning.

The next discussion was in regards to water rents.
The Board was given a comparison of water rents using the 7 ½% increase the Board voted on and 15%.
Mrs. Estes explained that Water District #1 would be losing almost $2,000 in revenue due to the changes being made on the old Woodruff Motel property.

Resolution No. 140 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board authorize the billing of water rents for both districts using the 7 ½% increase, (These lists are attached to and made a part of these minutes). This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Both: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Mr. Biesemeyer stated that if the Water Project in Keene Valley is not scaled back it is going to be exuberantly expensive.
Mr. Jaques said that is why the raise now would save on financing.

Resolution No. 141 – 06
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that authorization be given for the Town of Keene to donate their annual contribution of $1,000 to the Au Sable River Association. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Both: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

The next discussion was in regards to a request for a water rent decrease from the Keene Valley Country Club in exchange for the use of the swimming pool for the night youth commission program.
There was question as to what water is used for there.
Mr. Martin said they fill the pool from the river but may use water from the system to recycle it.
Mr. Jaques questioned if they water the tennis courts.

Resolution No. 142 - 06
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that at the request of the KVCC, the Country Club be given a $100 reduction on their water rent. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Both: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

The next discussion was in regards to a request received from the Keene Valley Neighborhood Home.
Mr. Ferebee said that last year when the KVNH had a problem with water in their basement, the water was tested for chlorine and was found to be chlorine free, leading the Town to believe it was not a water leak. A problem appeared later with the water main out front. When this leak was taken care of, the problem in their basement ended. Mr. Ferebee said that all they are asking for is that the Town reimburse them for the sump pump that had to be replaced when it burned out from over use.

Resolution No. 143 – 06
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that at the request of the KVNH, the Town reimburse them for the replacement sump pump necessary due to a problem with the water main earlier this year. 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 the back side of the library roof is in bad shape. He said that he and Ryan had tarped it the other day and that Guy Smith submitted an emergency repair estimate of $1,500 to strip the roof, replace the plywood, re-flash it, install ice and water shield and re-sheath it.

Resolution No. 144 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that Guy Smith be hired to make emergency repairs to the library roof with the total cost for materials and labor to be $1,500.00. 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

Mr. Ferebee informed the Board that Guy is also willing to paint the sides and the metal roofing on the cupola and the chimney on the Community Center for $575.00 and asked the Board how they felt.
Ms. Neville said she thought he should be asked for a price on replacing the shingles involved. It was agreed to have him check out and replace any necessary shingles.

Resolution No. 145 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that Guy Smith be hired to paint the sides and metal roofing on the cupola and the chimney on the Community Center at the cost of $575 for materials and labor. 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 next discussion was in regards to a request made to Mr. Ferebee regarding the Hurricane Mountain Fire Tower.
Mr. Ferebee said he had been contacted by a concerned group trying to save the fire tower, he knew this had been discussed before, but had received this new request for support.
Mr. Ferebee seemed interested in supporting.
Mr. Jaques said the Board had chosen not to act upon this issue and still felt he didn’t want to.
Mr. Biesemeyer and Ms. Neville agreed with Mr. Jaques.

The next discussion was in regards to the 4 bids received as a result of the request for bids on a New 2007 Single Axle Truck with Snow Plow Equipment & Multi-Purpose Dump Body.

Resolution No. 146 – 06
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board authorize accepting the following 4 bids received and opened on June 2nd, for a New 2007 Single Axle Truck with Snow Plow Equipment & Multi-Purpose Dump Body:
Albany Truck -2007 Volvo, $145,781.00
M.A. Jerry -2007 International, $142,858.00, less $950.00 if ordered before June 15th
M.A. Jerry -2007 International (State Contract), $147,628.00
Mohawk Valley -2007 Freightliner, $142,957.00.
This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Oppose

Mr. Jaques said he would like to ask again where the money to purchase this truck was coming from.
Mr. Ferebee said it was from the 2005 unexpended Highway Fund balance and that it could only be used for highway, he said it has nothing to do with the General contingency fund.

Resolution No. 147 – 06
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board award the bid to the lowest bidder, M.A. Jerry at $142,858, less $950.00 if ordered before June 15th. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Oppose

Mr. Jaques mentioned to Mr. Reed that a bill from M.A. Jerry’s had been discussed at last month’s meeting.
Mr. Reed said that bill had been taken care of and the money returned to the Town. He said it turned out to be a warranty item, but he had opted not to hold the bill until he had a chance to speak with the representative involved.
Mr. Reed also said that the Trucks only go to the garage for warranty work, he said he uses the County garage, which is cheaper, for all other repairs.

Mr. Reed also informed the Board that $1200 more will be taken off the price of the truck, due to having the screen on the sander box removed from the contract, he said he uses screened sand and this screen is not necessary.

Louise Gregg asked if there was anything that could be done to get the State Land at the intersection mowed. Mr. Ferebee said he had been in contact with the Dept. of Environmental Conservation and they are looking into the land classification. He said he would supply Mrs. Gregg with the telephone number is she wished to make a call herself.

Lorraine Duvall asked how the enforcement of the Junkyard Law was going.
Mr. Ferebee said that he and Mr. Slycord are working on a letter to send to the 4 individuals whose names have been submitted. He said before they are sent, the letter and names will be brought to the Town Board for approval.

Ms. Neville said she wanted to ask the Board how they felt about boulders or plantings being placed at each side of the pull off area at the Riverside Park. She explained there was still grant money left and said that drivers are turning around below the pull off area.
Everyone was in favor of the plantings to prevent the driving on the grass.

Resolution No. 148 – 06
Mr. Jaques offered a resolution and moved its resolution. Be it resolved, that the Town Board enter Executive Session to discuss possible litigation. 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

The Board entered Executive Session at 8:20 PM.

Resolution No. 149 – 06
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board reconvene into regular session. 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

The Board reconvened into regular session at 8:44 PM.

Resolution No. 150 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the Supervisor’s Monthly Financial Statement for May as presented and place it on file with the Town Clerk. 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

Resolution No. 151 – 06
Ms. Neville offered a resolution and moved its adoption. Be it resolved, that the following bills be accepted 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 No. 313 – 350 $ 3,978.95
Highway Fund bills No. 93 – 102 20,063.54
Library Fund bills No. 53 - 56 492.60
Water District #1 bills No. 48 - 55 619.50
Water District #2 bills No. 46 - 51 162.65
CPF – Water District #2 No. 18 253.08

Mr. Ferebee informed the Board that the well test performed on the second well in Water District No. 2 had gone good. He said another well will not be needed.

The Board had a brief discussion on assessment.

Resolution No. 152 – 06
Mr. Ferebee 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 Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

The meeting was adjourned at 8:56 PM.

Ellen S. Estes, Town Clerk
June 20, 2006

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