Minutes of the regular Town Board Meeting held Tuesday, July 11, 2006, at 7:00 PM at the Keene Town Hall. The following Town Board Members were present: William B. Ferebee, Supervisor, Paul R. Martin, Marcy Neville and Lawrence Jaques, Members of Council. Absent: Robert M. Biesemeyer, Councilperson. Also present were: 4 residents, 1 resident/Member of the Press, Ron Briggs, Town Attorney, Bruce Reed, Highway Superintendent and Ellen Estes, Town Clerk.

The Chairman, Mr. Ferebee, called the meeting to order at 7:00 PM and invited everyone present to join in the Pledge of Allegiance.

Resolution No. 156 – 06
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the notes from the Bid Opening held June 2nd, the notes from the informational meeting held June 5th and the Minutes of the Town Board Meetings held June 13th and 27th, all be accepted as presented. This resolution was seconded by Mr. Jaques.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes

Privilege of the floor was offered.
Martha Allen asked if there was anything new in the matter of the Town wanting DEC to mow the intersection field.
Mr. Ferebee said that he has been informed by Teresa Sayward that he is “beating his head against the wall.” He did say that he has been told there was a letter of agreement stating that the State would keep that field mowed, though a copy has not been located.
Mr. Briggs suggested making a FOIL request to the State for that record.
Mr. Martin said it is his understanding that that property was bought with recreation funds and was to be preserved as farm land.

Louise Gregg made a request to have an active Cemetery Committee formed. She said the Centennial Committee is interested in this happening also.
Mr. Ferebee asked what had happened with the old committee; she responded it had faded out.
Mr. Ferebee asked Mrs. Gregg if she would be interested in Chairing or Co-chairing this committee.
Mrs. Gregg said no to Chairing but said she would serve on the committee. She suggested Jerry Smith be asked to join this committee, since he does a lot of work in the cemetery. She said some of the things she would like to see done is for the Town to offer a better price to repurchase unused lots for resale and work to be performed on the stone wall.
Ms. Neville said Mr. Biesemeyer was going to get a quote on stonework from a mason he works with.

When asked how the land swap for the cemetery was going, Mr. Ferebee said it had been held up due to a discrepancy in the boundary line descriptions.

Jean Clifford said there was nothing new to report for the Golden Peaks.
Mr. Ferebee said he had talked to Helen Coste at Essex County Planning about using the bus for the Seniors and said she will be getting back to him regarding the regulations.

Mr. Ferebee reported that Youth Commission began yesterday. He said there had been some hurdles going in, but everything is in place now. He said that Chris Abbott had resigned, agreeing to stay until he was replaced or to follow through on swim days, he said that a lifeguard from Wilmington with a WSI certificate has been hired to replace him.

The next discussion was in regards to the tax status issue with the Nature Conservancy.
Mr. Ferebee said he had met again with Mike Carr and that Mr. Carr will not discuss any amount of payment until the Town signs an agreement, he assured Mr. Ferebee he would be fair.
There was discussion regarding leaving them on the tax roll and seeing what happens or removing them and making a deal.
Mr. Briggs pointed out that each year is taken one year at a time. He explained that when someone is listed on the tax roll, they pay their taxes and after being heard in court, if they win, they get reimbursed.
Mr. Jaques and Ms. Neville both felt they wanted to leave them on the tax roll for the time being.
Mr. Ferebee questioned whether it was a waste of time leaving them on the roll if they may be willing to settle for $4,000 or $5,000.
Mr. Briggs pointed out that this can still be settled after a suit is filed.
The Board decided to wait until the full Board is present to vote.

Resolution No. 157 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board wait to make a decision regarding how to handle the tax status of the Nature Conservancy until the next meeting when the full Town Board is present. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: No
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes

The next discussion was in regards to Water District #2 in connection with the land swap for the storage tank.
Mr. Ferebee and Mr. Briggs both reported having a hard time getting a hold of Amy Smith, Lynn Edmonds’ Attorney.
Mr. Ferebee asked the Board how they wanted to proceed.
Mr. Jaques said he agreed with Mr. Biesemeyers' earlier suggestion of moving to claim it by imminent domain.
It was decided that Mr. Briggs would contact Amy Smith and let her know how the Board is feeling.
Mr. Ferebee said he thought this was a step that had to be taken.

The next discussion was in regards to the sidewalks in Keene Valley.
Mr. Ferebee said that the Church, Nature Conservancy and Hilda Senecal are all in favor of the 4 foot sidewalk with curb and on street parking, he said that Tracy Whitney wants 3 foot sidewalks and he is unclear how she feels about the parking.
In response to the Churchs’ question, he said the engineer responded to him that the cheapest way for them to go would be if they could partner directly with the contractor regarding the construction of a retaining wall.

Mr. Jaques asked what was happening with the intersection/parking project here at the Town Hall.
Mr. Ferebee said that the surveys are being worked on, etc.

Mr. Ferebee informed the Board that the informational meeting they requested regarding the assessment process has been scheduled for July 26th, from 7:00 to 9:00 PM, at Keene Central School. He said that John Stack would make a presentation on the assessment process, that individual assessments would not be discussed.

Mr. Ferebee informed those present that an AARP Defensive Driving Course has been scheduled for August 9th and 10th, from 5:00 to 9:00 PM, at the Town Hall. He said the fee is $10.00 and registration would be on a first come first serve basis.

Ms. Neville showed the Board plans she had been working on for Riverside Park.
The plans take in the area from the new parking area to the beach area including grassy areas, plantings, picnic tables, benches and fencing.
Mr. Jaques said he would like to show his appreciation recognizing the work Marcy has put into this project and said “Thank you”. The Board agreed.
The total proposal Ms. Neville made for materials and labor was for $13,240, a part of which would be taken care of in house.
Mr. Ferebee suggested using local labor/contractors when possible.

Resolution No. 158 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the authorization be given to move ahead with the plans for Riverside Park, get the required RFPs and contract with the best proposal. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes

Resolution No. 159 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Monthly Statement of the Supervisor for June be accepted as presented and placed on file with the Town Clerk. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes

Resolution No. 160 – 06
Mr. Jaques 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 Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes

General Fund bills No. 378 – 412 $11,218.20
Highway Fund bills No. 113 – 117 22,393.70
Library Fund bills No. 63 - 65 467.11
Water Dist. #1 bills No. 63 - 65 166.45
Water Dist. #2 bills No. 58 - 62 310.07
CPF – Water Dist. #2 No. 21 - 22 1,727.72

Resolution No. 161 – 06
Mr. Martin 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. Jaques.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes

The meeting was adjourned at 8:00 PM.

Ellen S. Estes, Town Clerk
July 13, 2006

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