Minutes of the Town Board Meeting held Tuesday, August 14, 2007, 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 A. Neville and Lawrence Jaques, Members of Council. Also present were: 5 residents, 1 resident/Member of the Press, Ron Briggs, Town Attorney, Bruce Reed, Highway Superintendent and Ellen S. Estes, Town Clerk.

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

Resolution No. 144 – 07
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Minutes of the Town Board Meeting held July 10, 2007, be accepted 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

Privilege of the Floor was offered.
Jean Clifford gave a brief update on Golden Peaks; she said the group is getting more active all the time. She said they had been doing a lot of day trips and were working on the bicentennial for next year.

Lyman Boynton was present; Mr. Ferebee explained that Mr. Boynton had a situation regarding water freeze ups last winter. He said that this had not been a problem prior to the Water District’s construction, he said a new line had been put in by Fuller Construction, who moved Mr. Boynton’s shut off, and that the ditch had been backfilled with the old fill which was full of large boulders.
Mr. Ferebee explained that Mr. Boynton feels this is the Town’s responsibility. He said he talked to Fuller Construction and was told that the Town only had one year to come back to them with problems.
Mr. Boynton said that wasn’t the whole thing, he said he has two shut offs, one under his porch.
Mr. Martin suggested this issue be investigated; Mr. Biesemeyer suggested that Ivan be asked what he remembers.
Mr. Reed suggested that the line be dug up during good weather and documentation and pictures be kept.
Mr. Ferebee suggested eliminating the second shut off, which is never used.
Mr. Biesemeyer suggests suing Fuller Construction if necessary.

Doug Whitney was present to let the Board know that the 755 he mows with is beginning to give small troubles everyday. He said it is 11 years old, the original cost was $9,600 and that it has never had any work done on it. He suggested the Board think about replacing it.
Mr. Ferebee said the Board would look into this at budget time. He said the replacement cost is $14,603.

The next discussion was in regards to the Au Sable Mountain Reserve taking the Town to court over their assessment.
Mr. Ferebee asked the Board what their thought on representation is. He said that Barry Miller said to look at the positive side, he said it was his feeling that though the process they would find that the assessment is actually too low. Mr. Ferebee said that Mr. Miller would like to come in and talk to the Town Board.

(continued)

Mr. Briggs said the AMR is petitioning to have the assessment reduced from $17 million to $2 million, a reduction of $15 million.
Mr. Biesemeyer suggested that each side have an appraisal and he thought Mr. Miller is right that it will be discovered that the property is under assessed.
The Board discussed a time to meet with Mr. Miller, Tuesday, August 28th, at 5:00 PM, was agreed upon. Mr. Ferebee will see if this time is okay for Mr. Miller.

Resolution No. 145 – 07
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the proposed Budget Calendar for the 2008 Budget Season be accepted as presented. The calendar has been attached to and made a part of these minutes. 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

Mr. Jaques said he had a couple items to add.
He asked to have old business added to the agenda.
Mr. Ferebee said it usually is on there, but this month there was none.

Mr. Jaques asked whether the Town has been paid yet by the Nature Conservancy.
Mr. Ferebee said no, but Mike Carr is satisfied that all the requested changes having been met.

Mr. Jaques asked if Roy Sheasby had paid the charges placed on him for the use of water to his garage.
Mr. Ferebee said no, but it would be put on his property taxes.

Resolution No. 146 – 07
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that as of January 1, 2008, the Town of Keene change from an elected Board of Assessors to one (1) paid, appointed Assessor, if a qualified candidate can be found, if not, the Town go to one (1) paid, appointed Assessor, no later that 1 year from today. 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. Jaques said, in reference to the acceptance of #1 plastic at the transfer station, that this decision was never brought before the Board, he said he had read about it in the paper. He asked if any expenses had been incurred in getting set up for this service.
He was assured any expense had been minimal, the highway had the trailer and it was hooked up with lights at a minimal cost.
There was some discussion regarding the Board discussing this issue in the past, but no action had been taken.

Ms. Neville asked if there was any news on the cell phone tower.
Mr. Ferebee said all he has for a time frame is “by the end of summer”. He said he had just received a resolution subject to Permissive Referendum that Verizon needs adopted.
Mr. Briggs said that before the resolution is adopted for Verizon, the Town Board needs to adopt a resolution declaring that this project will cause no significant adverse impact on the environment; a Negative Declaration.

Resolution No. 147 – 07
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board of the Town of Keene has conducted a full and comprehensive single agency review of potentially adverse environmental impacts from the proposed project with Verizon Wireless pursuant to the State Environmental Quality Review Act (“SEQRA”) and duly issued a Negative Declaration thereof. 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. 148 - 07
The Town Board adopted Resolution No. 148 – 07, a Resolution Approving Lease for Telecommunications Facility on Town Property. This resolution, in its entirety, is attached to and made a part of these minutes.

Mr. Martin initiated the next discussion regarding the Town website.
He said with the upcoming Bicentennial he felt the Town needed to redesign their website. He said he had spoken to Josh Whitney, who is willing to redesign and maintain the website at the following proposal:
Standard Monthly Hosting Fee: $ 29.95 Month
Standard Basic Site Re-design: $600.00
Standard Picture/Test Update: $ 50.00
Weekly / X4 $200.00
Monthly Charge: $200.00
When asked, it was stated that the County pays the Lake Placid Visitors Bureau to maintain the Town websites.
Ms. Neville said she hadn’t found the organization of the website too hard to maneuver, but said it might not be a bad idea to hire Josh.

Mr. Biesemeyer asked if there was any progress on the Water District #2 project.
Mr. Ferebee said we have the pipe to repair the major leaks, we might be able to get Rural Water to come work on them and only have to pay for the labor.
Mr. Ferebee said the question to doing the project is “How are we going to pay for it?”
Mr. Biesemeyer said “We have no choice”.
Mr. Ferebee said the proposed project has been scaled down to the storage tank and new mains on Route 73, still estimated at $3.8 million.
Mr. Biesemeyer said he would like to see the Town Board get new information; his concern was that the old system could fail.
Mr. Ferebee said he would try to set up a meeting for the Town Board to meet with Wayne Ryan, the Town’s Engineer.
Ms. Neville suggested inviting Vic Putman, the County Planner, also.
Mr. Ferebee shared a letter drafted by himself and Vic Putman and sent today to James Flaherty, PE Assistant Director of the Division of Engineering for New York State Environmental Facilities regarding the inequities of the point system and sources of funding.
(continued)

Mr. Biesemeyer said he would like to discuss the point system and sources of funding with Mr. Putman.
The Board discussed a time to meet with Wayne Ryan and Vic Putman and agreed to see if 6:00 PM on Tuesday, September 11th, before the next Town Board Meeting would work.

Mr. Jaques informed the Board that for a few days now, he has seen NYS Dept. of Transportation trucks filling from the fire hydrant and wondered if this was supposed to occur.

Resolution No. 149 – 07
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Supervisor’s Monthly Statement for July be accepted as presented and filed with the Town Clerk. 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. 150 – 07
Mr. Biesemeyer 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. Jaques.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

General Fund bills No. 405 – 467 $27,121.14
Highway Fund bills No. 128 – 157 35,280.04
Library Fund bills No. 82 - 91 820.92
Water Dist. #1 bills No. 75 - 83 4,796.76
Water Dist. #2 bills No. 71 - 77 947.21
CPF – Water Dist. #2 bills No. 15 94.00

Resolution No. 151 – 07
Mr. Biesemeyer 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 8:03 PM, the Town Board was finished signing vouchers at 8:15 PM.

Ellen S. Estes, Town Clerk
August 17, 2007

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