Town Board Minutes
August 8, 2006

Minutes of the regular, Town Board Meeting held Tuesday, August 8, 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, Marcy Neville and Lawrence Jaques, Members of Council. Also present were: 32 residents, 1 resident/Member of the Press, Bruce Reed, Highway Superintendent, Ron Briggs, Town Attorney and Ellen Estes, Town Clerk.

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

Resolution No. 164 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, to accept the Minutes of the Town Board Meetings held July 11, 2006 and July 25, 2006, and the Notes from the Informational Public Hearing held July 26, 2006, as presented. 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 Rebecca Soderholm was taking pictures of tonight’s meeting for a school project, he said it had nothing to do with anything on tonight’s agenda.

Privilege of the floor was offered.
Constance Miller said she had just returned to Keene Valley and would like to say that the Board is doing a great job.

Mr. Ferebee explained that the Board had been given two resolutions by the Ad-hoc Committee of Concerned Citizens regarding War and Terrorism; and Civil Liberties and Balance of Power. These resolutions were received along with the request that the Board give serious consideration to supporting. Mr. Ferebee handed over the floor to Members of this Committee.

Lorraine Duvall began by thanking the Board for this opportunity and gave a background on how the group got started. She asked for the Boards support in encouraging our Federal Representatives to investigate what they called “unconstitutional acts” that are occurring.

Martha Lee Owen began by saying she felt privileged to be a U.S. Citizen and was advocating that a serious investigation be done so that “we can know more than we know now”. She said she felt that the President is posing danger and she believes that the grassroots approach is the way to arrest the unfair.

Monique Weston said she feels the Congress is complacent and spoke about the principles of the Constitution. She said it’s not just the current administration, she said she is concerned about a precedent being set no matter who’s in office.

Baird Edmonds said it looks as if the Executive has become the Government, he said he feels a high risk is being run.

Ms. Weston spoke of the open ended war on terror.

Earl Marsh said he had thoroughly read the information provided and said he was impressed by the amount of work this group had done. He said this was an opportunity for the people to prove that the people do the governing. He read a 1976 publication on the Cycle of Democracy.

Blaike Worth said she felt that sometimes it is very appropriate to ask the next level to take concern. She said that her son is a Journalist in Iraq and that this brutal situation is unfair to the Young Americans being sent over there.

Mr. Ferebee asked the Board if they had any opinions.

Ms. Neville said she has been a supporter of this group, she said she was asked to review some of the materials. She said she feels the young people have less of a voice today than when she was that age. She encourages these efforts be taken seriously and said the group has done a great job on an issue that affects everyone.

Mr. Martin said that although he feels it is appropriate to bring this to the Town Board, he is not comfortable committing to the issue at this point and felt this issue needed to be debated more on an individual level.

Mr. Biesemeyer said he wholeheartedly supports this issue and has no problem signing it, though he said he thought this opinion would fall on deaf ears and not go far.

Bruce Berra spoke of the low popularity ratings for the President. He said he is concerned about money and the national debt.

Russell Banks said he has not been a part of this committee but was a signer of support. He said he felt the people have reached a point where they have lost the ability to express themselves politically. He said this may work if everyone across the Country expressed their dissatisfaction and he hoped the Board would consider supporting.

Mr. Jaques said he would like to look at this a little longer and think it over. He said he commends the people working on this effort for their work and said he hopes to see this kind of support for other local issues.

Susan Doolittle said that she felt today with less State and Federal funding there will be a profound local impact.

Ms. Duvall said Mr. Martin had a good point, but said that the Town is the first level of elected officials and felt their support meant more than 100 signers.

Mr. Ferebee said his concern is that the Board represents the whole Town and at this point the Committee represents 10% of the Town, he said he felt it should be looked at and should go to the people for a vote.

Mr. Edmonds asked if they could request a formal referendum.
Mr. Briggs said that a petition would require the signature of 52 voters.
Mr. Ferebee suggested that the Committee file a petition before August 22nd and suggested that the public should be made aware of it.

Mr. Biesemeyer said he would like to see the Town Board take a stand, he said he felt they owe it to the voters to let them know how they stand.

Mr. Ferebee said he hasn’t heard enough yet to make a decision.

Frank Owen said he felt a referendum is a good way to go.

Mr. Jaques offered a resolution to table this discussion, giving the Board time to discuss it, and again he said he suggested a referendum. There was no second at this time, discussion continued.


Steve Bowers said he hasn’t gotten to read these documents yet, he said he stumbled onto this information by accident. He said that he has much more confidence in the Constitution then what he is hearing here. He said he feels there are lots of opportunities to make changes and that he doesn’t think what is discussed here will have an impact.

Mr. Ferebee asked if there is anyone wishing to second the motion to table.
Adrianne Ratigan asked what would be the next step if this is tabled.
Mr. Jaques responded that it would be much easier for the 5 Board Members to further discuss it.

Mr. Biesemeyer said he would like to make the motion for the Board to vote on the 2 resolutions being discussed. After a little more discussion, he withdrew his motion.

Mr. Banks suggested a resolution.

Resolution No. 165 – 06
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that it is the feeling of the Board that the Ad-hoc Committee file a petition for referendum to present their resolutions on War and Terrorism; and Civil Liberties and Balance of Power on November’s ballet and that the Town Board in conjunction with the Ad-hoc Committee present these resolutions to the Community at a Public Forum to be held at the Keene Central School with an appropriate date to be announced. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Abstained

Mr. Edmonds said the Committee would work on being prepared to send a mailing to every registered voter and that they would petition to have it on the ballot.

Mr. Ferebee thanked the public for coming.

Jeanne Clifford had nothing new to report on Senior happenings.

The next discussion was in regards to the Resolution in Support of the Work of the Universal Broadband Internet Access Project as requested by the Keene Central School Enhancement Task Force.

Resolution No. 166 – 06
Mr. Martin offered a resolution and moved its adoption.
Whereas the Keene Central School Enhancement Task Force (SETF) has delivered its final report to the Keene Board of Education on July 25, 2006, and
Whereas the SETF report recommended the development of plans for brining broadband Internet access to every home in the Town of Keene in order to enable Internet-based distance learning and more customized education plans for KCS, and
Whereas the High Peaks Education Foundation (HPEF) has sponsored the formation of a volunteer citizen group called the Town of Keene Universal Broadband Internet Access Project whose mission statement is attached, and
Whereas the Town of Keene Board of Education has voted to support the work of such a project, and

(continued)

Whereas high-quality Internet access to all homes in Town will be an important factor in attracting new families with Internet-based employment to the Town of Keene, and
Whereas high-quality Internet access to all homes in Town will allow seasonal residents of Keene to spend more time here and thus bolster the local economy, and
Whereas high-quality Internet access will enable Town businesses to improve their operations through Internet-based ordering, coordination and sales, and
Whereas such a project is not seeking funding from the Town of Keene,
Therefore,
Be it resolved that the Town Board of the Town of Keene, New York, supports the formation of the Universal Broadband Internet Access project and desires to be kept informed of its progress and its recommendations.
This resolution was seconded Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Mr. Ferebee gave a brief update on Youth Commission.
He said the day program is having a great season. He also said that the night swim lifeguard had resigned ending the season there early.

Next was a brief discussion and action taken for Water Dist. #2.

Resolution No. 167 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town of Keene began action to acquire the land needed for the storage tank by eminent domain, this procedure having been discussed and agreed upon with the landowner. 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 gave an update on the sidewalk/curbing issue in Keene Valley saying that he would have the design plans next week and will see the adjoining landowners.

Resolution No. 168 – 06
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that authorization be given for William Ferebee to sign the lease agreement to lease the Town Hall as a polling site to the Essex County Board of Elections for the years 2006 and 2007. 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. 169 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that authorization be given for William Ferebee to sign the agreement allowing the Essex County Board of Elections possession and custody of the voting machines and to agree to store these machines and secure a polling location as has been done in the past. 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. 170 – 06
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the resignation of Scott Buysse as an Assessor for the Town of Keene effective August 31, 2006. 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. 171 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved that authorization be given for $75,000 from the General Fund, (Rivermede Project), Environmental Control Account #8090.4, to be borrowed at this time to pay off the $75,000 BAN for the Riverside Project, these funds will be reimbursed upon receipt of a Parks Grant due before by December 31st. 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. 172 – 06
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board enter into 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 Town Board entered into Executive Session at 8:25 PM.

Resolution No. 173 – 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 Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

The Town Board reconvened into regular session at 9:10 PM.

Resolution No. 174 – 06
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board revise the proposal for the Riverside Park project to investigate having the 3 picnic table pads constructed in house. 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

There was a brief discussion regarding installation of a handrail for the disabled.

Mr. Ferebee announced that the Town Board had agreed to hold a Special Town Board Meeting on Tuesday, August 15th, 2006, to discuss the Assessor vacancy and options thereof, and any other business pertinent to the Town.

Resolution No. 175 – 06
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the Monthly Statement of the Supervisor for July, as presented and file it 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. 176 – 06
Mr. Martin 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. 439 – 480 $18,316.98
Highway Fund bills No. 132 – 142 3,373.80
Library Fund bills No. 71 - 76 429.43
Water Dist. #1 bills No. 71 - 77 519.00
Water Dist. #2 bills No. 68 - 73 503.39
CPF – Hamlet Improvement No. 7 8.32
CPF – Water Dist. #2 No. 23 5,098.86
CPF – Riverside Park No. 4 - 6 2,336.49


Resolution No. 177 – 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. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Ms. Jaques: Yes

The meeting was adjourned at 9:17 PM.


Ellen S. Estes, Town Clerk
August 17, 2006

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

 

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