Minutes of the Town Board Meeting held Tuesday, August 9, 2011, 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 and Marcy A. Neville, Members of Council. Absent: Lawrence Jaques, Member of Council. Also present: 6 residents, Rob Boula, Elizabethtown Community Hospital Administrator and the Hospital’s CFO, Alan Hipps, HAPEC and Emily Kilburn, John Hudson, Building Code Officer, Debra Whitson, 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. 142 – 11
Ms. Neville offered a resolution and moved its adoption. Be it resolved, that the Town Board accepts the Minutes of the Town Board Meeting held July 12, 2011, as presented. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Mr. Ferebee offered privilege of the floor to Rob Boula, Administrator of Elizabethtown Community Hospital.
Mr. Boula said he was here to give an update on progress being made at the hospital saying they are running in the black.
He said they are getting good feed back on their chemotherapy department which has been operating for over a full year. He said the cardiac rehab will be ready soon. He said they have been recruiting new physicians and are almost finished setting up the electronic medical records. He said they are ahead of schedule with their ITP saying they are pleased with the progress.
Mr. Ferebee thanked Mr. Boula for coming.
Mr. Biesemeyer asked Mr. Boula whether they are affiliated with the Horace Nye Home.
Mr. Boula said the buildings are connected, and Horace Nye contracts the Elizabethtown Hospital, but they are different entities.
Alan Hipps was present to bring the Board up to speed on the Affordable Housing Project. Mr. Hipps began by introducing Emily Kilburn to the Board saying she works with him in housing.
Mr. Hipps said he was here tonight to discuss the road access to the property planned for the affordable housing project.
He explained that the movement of the pole has been resolved saying that the pole can be moved back on the property to allow for turning radius.
He said HAPEC was requesting the Town to accept the 30 foot road upon completion if it is built to specifications saying the Highway Superintendent can specify the time of his inspections. He said after the road is accepted, HAPEC would proceed with the development of the subdivision infrastructure and selling of lots saying the road would be dedicated and accepted as a public road before the homes are constructed. He said HAPEC could set aside an agreed upon sum of money to pay for road maintenance for the first 12 months to allow time to test the performance of the road. He said that he was not looking for answers tonight.
Mr. Reed asked how wide the driving surface would be.
Ms. Neville said she thought 16 – 18 feet, same as Airport Road, Hulls Falls Road, etc.
Mr. Reed said he had a concern with the dust affecting the neighbors, a brief discussion followed.
Mr. Biesemeyer asked if the design maps show all the engineering. Mr. Hipps looked and responded with a yes. Mr. Ferebee informed Mr. Biesemeyer he has a set in his office that Mr. Biesemeyer can look over.
Tom Both said that Wade Whitney has done a perk test on each lot.
Mr. Biesemeyer asked if each lot was taxed separately. Mr. Hipps explained how they are taxed and assessed at resale restricted value. He said there will be a separate deed for the property and the structure.
Mr. Ferebee asked if there are bylaws regulating junk cars, etc. Mr. Hipps said there are some agreements.
Mr. Ferebee said he and Ms. Whitson will discuss the legal issues of the road.
Jim Herman said he and Dave Mason were present to show support for this project.
Mr. Ferebee said that while Jim Herman and Dave Mason were present he would like to let them know that he accepted a plaque for them for all the work they have done in helping to bring broadband to the area. He said he had passed it onto Mike Hartson to give to them. Mr. Ferebee thanked them also.
Barbara Dwyer said she was present to inform the Board of damage that was done to her property on April 24th.
She said this damage was caused due to a culvert on the Irish Hill Road above her garage. She explained that during the heavy rains of that day, the culvert diverted the water toward her garage which caused $57,000 in landscape damage and $22,000 in damage to the garage.
She said she would like to make sure this culvert gets fixed and said she did not like the response she got from Bruce Reed, the Highway Superintendent. She said he indicated this damage was due to previous logging and new houses built in the area.
Mr. Reed said he would like to clear something up.
Mr. Biesemeyer stopped the discussion saying this could result in a lawsuit and suggested any further discussion be held in executive session. Ms. Whitson agreed.
Mrs. Dwyer requested the Board have Mr. Reed work with her landscape engineer to have this culvert redirected to prevent this from happening again.
John Hudson was present to submit his monthly report to the Board.
He also submitted a letter to the Board that he was requesting approval to send.
He said he felt this letter shouldn’t be public, but was asking for the Town Board’s approval of the action taken in the letter and their approval to send the letter.
Resolution No. 143 – 11
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board approves Mr. Hudson’s resolution to the problem addressed in said letter and authorizes permission for Mr. Hudson to sign as Building Code Officer and Mr. Ferebee to sign as Town Supervisor. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
(This letter, dated August 9, 2011, involved a building permit, a copy of said letter will be filed in the applicant’s file.)
Resolution No. 144 – 11
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board of the Town of Keene/Location Code 3011901 add the attached amendment to the standard work days and retirement reporting resolution to be submitted to the New York State and Local Employee’s Retirement System. This resolution was seconded by Mr. Ferebee.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Mr. Martin said he didn’t understand the method of reporting going into this, saying he didn’t agree with how it’s done, that a record should be kept and reported yearly.
The next discussion was relative to the surplus equipment bids. Mr. Ferebee said that Mr. Reed opened the bids saying that other than the 1990 L8000 truck, which he was pulling from the bidding since the bids were too low, he would like to let the rest go to the highest bidder.
Resolution No. 145 – 11
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the bids be accepted as opened and at the recommendation of Mr. Reed, Highway Superintendent, the following equipment advertised be sold to the highest bidder with the exception of the 1990 L8000 truck:
Husqvarna Tractor to Dean Smith for $260.50
Bradley Spreader to Ryan Hall for $203.31
Coats Tire Changer to Ronald Arnold for $51.00
Jett Powered Hacksaw to Ronald Arnold for $51.00
Drill Press to Ronald Arnold for $26.00
2000 F550 Ford to Village Truck Sales for $4,790.00
This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
The next topic discussed was the dog law. Mr. Ferebee said he has been researching how other towns handle the issue of barking and said an amendment could be made to the dog law.
Mr. Ferebee said that he feels for enforcement that a written complaint should go before the Court and the Court would have the Dog Control Officer investigate.
Mr. Martin said he felt that a comprehensive noise ordinance was the way to go to take care of people also.
Ms. Neville suggested a mechanism be put into the law to handle the first offense, second offense and so forth with fines.
Mr. Biesemeyer said he would like to see people solve noise complaints among themselves.
Ms. Neville said people don’t talk to one another and said she thinks something needs to be done.
Mr. Biesemeyer said he doesn’t agree.
Mr. Ferebee said he knows that enforcement will be a problem and asked the Board to put some thought into this issue. He said he will check out the fines connected to this issue.
Suzy Doolittle said there is also a problem with dogs running at large and even biting people. She said she has spoken to owners and they still let them out loose.
Resolution No. 146 – 11
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board authorize the Budget Calendar for the preparation of the 2012 Town Budget, this calendar has been attached to and made a part of these minutes. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Mr. Ferebee informed the Board that he and Susan Whitney would be attending a conference on August 24th regarding the budget cap.
Resolution No. 147 – 11
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that due to a conflict with the Primary Elections being held at the Town Hall, the Town Board authorizes a change of time and venue for the Town Board Meeting on September 13th to be moved to the Assessor’s Office at 8 Gristmill Lane to immediately follow the Budget Workshop scheduled for 5:30 PM. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Mr. Martin asked if this was going to be a day off for Town Employees. Mr. Ferebee explained that the Town Hall would close at noon saying that he and Ellen can not be in the building and Susan would not be free to use the copier or bathroom.
Resolution No. 148 – 11
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board of the Town of Keene adopt a resolution of support for the 4th Annual Hill Climb Reunion being organized and promoted by Michael Hartson. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Resolution No. 149 – 11
Ms. Neville offered a resolution and moved its adoption. Be it resolved, that a highway permit be issued and the fee waived for the Rutabaga Run, to be held Sunday, September 4th at Marcy Field. This resolution was seconded by Mr. Ferebee.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Resolution No. 150 – 11
Mr. Ferebee offered a resolution and moved its adoption. Be it resolved, that a highway permit be issued and the fee waived for the Turkey Trot Fun Run, to be held on Thanksgiving Day, November 24th, at Marcy Field. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Resolution No. 151 – 11
Ms. Neville offered a resolution and moved its adoption. Be it resolved, that the Town Board accept Debra Whitson’s Agreement for legal services for the time period of August 1, 2011 thru July 31, 2012. This agreement sets a retainer fee in the sum of $4,000 for professional services to be performed at $125.00 per hour. This resolution was seconded by Mr. Ferebee.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Resolution No. 152 – 11
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board adopts the Essex County PreDisaster Multi-Jurisdictional Hazard Mitigation Plan as this jurisdiction’s Natural Hazard Mitigation Plan, and resolves to execute the actions in the Plan. This resolution was seconded by Mr. Ferebee.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Mr. Ferebee informed the Board that he has received a couple of complaints from residents on Hurricane Road that the speed limit is not posted saying this means traffic can move at 55 mph. He said he had a letter he would like to send to the County asking that the road be posted for 35 mph saying that they would probably post it for 40.
Resolution No. 153 – 11
Ms. Neville offered a resolution and moved its adoption. Be it resolved, the Town Board authorize Mr. Ferebee to submit a speed limit reduction request for Hurricane Road. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Oppose
Ms. Neville: Yes
Mr. Jaques: Absent
The Board accepted the following 3 changes to be made for water billing:
1. The Merle-Smith’s will be given $460 credit toward debt payments on their parcels in Water District #2 due to duplicate billings made and received last year.
2. Last year the Spongbergs were sent bills for their 2 houses like they were on separate parcels which doubled their debt payment of $230. It was discovered this year, that the houses are on the same parcel so they should only be charged the debt payment once, thus they will receive a $230 credit for doubling billing and payment last year. They also combined one vacant lot with another so the bill sent on that lot will be voided.
3. DartBrook Lodge was billed for two apartments in the barn, when in fact there is only one, thus that bill will be reduced to the cost of one residence.
Resolution No. 154 – 11
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the Water Districts No. 1 & 2 Report for Monies Collected in July, this report has been attached to and made a part of these minutes. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Mr. Ferebee said he would like to recognize the Summer Youth Commission Program which is in its last week saying he has had no complaints.
Resolution No. 155 – 11
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the Supervisor’s Monthly Statement for July, as presented, and place it on file with the Town Clerk. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Resolution No. 156 – 11
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the following bills be accepted for payment, including those that were prepaid. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Absent
Multi-fund Vouchers numbered 516 – 572, totaling:
General fund - $38,668.27
Highway fund - 23,013.70
Library fund - 1,099.88
Water Dist. #1 - 289.15
Water Dist. #2 - 667.59
CPF – Water District #2 Vouchers No. 14 – 17 $9,656.22
Resolution No. 157 – 11
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that with 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: Absent
The meeting was adjourned at 8:11 PM.
Ellen S. Estes, Town Clerk
August 26, 2011
William B. Ferebee, Supervisor
Paul R. Martin, Councilperson
Robert M. Biesemeyer, Councilperson
Marcy A. Neville, Councilperson
Lawrence Jaques, Councilperson