May 12, 2009

 

Minutes of the Town Board Meeting held Tuesday, May 12, 2009, 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 were:  12 residents (including some listed under privilege of the floor and 1 reporter), Debra Whitson, Town Attorney, Wendy Reynolds, Clerk to the Supervisor, Bruce Reed, Highway Superintendent and Ellen S. Estes, Town Clerk.

 

The Chairman, Mr. Ferebee, called the meeting to order at 6:37 PM and invited everyone present to join in the Pledge of Allegiance.

 

Resolution No. 103 – 09

Mr. Biesemeyer offered a resolution and moved its adoption.  Be it resolved, that the Minutes of the Town Board Meeting held April 14th and the Minutes of the Bi-monthly Town Board Meeting held April 28th, 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:               Absent

 

Donna Reed Austin was present  with a tax collection report comparing this year to the previous 3 years. 

 

Resolution No. 104 – 09

Mr. Martin offered a resolution and moved its adoption.  Be it resolved, that the Tax Collector’s Report submitted by Donna Reed Austin be accepted and attached to these minutes.  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

 

Rod Bola was present to give an update on Elizabethtown Community Hospital happenings.

He said that construction began this time last year adding a new emergency room, lobby, relocation of the Veteran’s Clinic, etc. saying that the project had come in under budget.

He said that changes were added during construction when they secured a $250,000 grant for the radiology department.  He said they now offer digital mammography and will be offering chemotherapy starting this fall.

He said you may notice the concrete pad near the Emergency Room which will be used, starting in July, for mobile MRI.

He said they lost a physician last October, but had gained one in March.

Mr. Bola said that they have good relations with the local rescue squads.  He said that Dr. Davis oversees the Emergency Medical Services.

He said there has been an unfortunate change in the requirements for the Veterans Clinic.  He said they had lost their P.A.’s in the clinic which now have to be replaced by a Doctor.

He said they still have a lot going on working on their strategic planning.

The Board thanked Mr. Bola for coming.

 

 

Mr. Ferebee handed the floor over to Spen Nye who was present to turn in a petition.  He explained to Mr. Nye that the Board would not be making any decisions at this time, that they would need time to review the petition.

Mr. Nye began by explaining that he had a petition to remove the Building Code Officer, Frank Slycord, from office.  He said that out of respect he had stayed away from the Town Board, Planning Board, Judges, Town Employees, Contractors, all their families, employees, employers, etc. which narrowed his field of signers.  He said all he was asking for was to be treated fairly, he was not asking for a stamped certificate, he was asking that the Town of Keene share a Building Code Officer with Jay or Wilmington instead of with Elizabethtown.

Mr. Nye said he had a number of letters written by some of the signers and would like to read a couple.

Mr. Ferebee said the Board would read them later.

Mr. Nye said there was a letter included from Mr. Warner which said it all.

He said this all started one month ago and that he was asking for his response one month from now.

Mr. Nye asked to be present when the Board votes on this petition.

Mr. Ferebee said that would not be possible.  Debra Whitson explained to Mr. Nye that personnel issues had to be decided in Executive Session.  She said if the Board needed additional information, they would come back to him for that.

Mr. Nye asked if he could wait in his truck during the Executive Session and was told yes.

Mr. Nye handed over the petition while again stressing the fact that he had narrowed his field of signers by respecting those who work for the Town, etc and their families.  He also said he would like to have this petition returned to him.

 

Resolution No. 105 – 09

Mr. Biesemeyer offered a resolution and moved its adoption.  Be it resolved, that the Town Board accept Spen Nye’s petition of 143 signatures and supporting letters asking for the removal of Frank Slycord as Building Code Officer.  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

 

Jean Clifford said she had no Golden Peaks update.

 

Barbara Tam was present to share a petition with the Board signed by individuals interested in the development of a “free-cycle shed”.  She said this recycling shed would be manned by volunteers to contain items that people donate for reuse by others.  She said it is not their intention to burden the employee of the transfer station and said it could be kept locked when not manned.  She said items of interest would be good construction products, small appliances, tools, garden equipment, etc.

She said this project would not take the place of bulky days.

Mr. Biesemeyer said it shouldn’t be a problem to designate an area.

Mr. Ferebee questioned the funding for the building.

Ms. Tam said she was interested in a FEMA trailer for $2,000.  She also said that Ward Lumber, Haselton Lumber and McDonough’s Valley Hardware were all interested in donating to the effort.

Mr. Martin said the petition reveals citizen interest.  He suggested that Ms. Tam form a committee and meet with the Town Board

Ms. Neville said she thought this was a great idea.

Mr. Ferebee said it seemed to be on the right track.

Louise Gregg said there was funds available years ago and should be looked into.

Mrs. Austin asked what would happen on Tuesday and Thursday, asking if there was any problem with garbage being left when the transfer station is closed.

Mr. Reed and Mr. Ferebee said that people leave recyclables and brush, but garbage is rarely left.

Donna Combs was present to place a complaint that the Town Board and the School Board were both holding a meeting tonight at the same time.  She informed the Board that she had it checked and the school has a 7 to 14 day window to hold their budget hearing and asked if the Boards could co-ordinate their times better next year. 

Mr. Ferebee said he had talked to Cindy Summo about this and she said it “was on their radar” for next year.

 

Mr. Ferebee addressed Craig and Deb Holmes, who explained that they have a problem with APA regulations not being followed regarding Stipp projects.  Mrs. Holmes said that the APA puts incorrect addresses on project notices which allow projects to slip by unnoticed by neighbors.  She said that this is a problem and is fraudulent.

She said that she and Craig gave permission for the Stipps to put in one business and a storage shed and then the storage shed was turned into another business.

She warned those present that they need to watch the APA for this problem.

 

Martha Allen asked for an update on the proposed project for Water District #2.

Mr. Ferebee said the project bids are due May 29th, he said the Town has 30 days to award the bid and then construction must began within 30 days of the award.  He said a pre-bid conference had just been held including a visit to the site.

He said the stretch of water main from the Fitness Center to the Valley Grocery can not be done until after Labor Day, but said there are side roads and the tank that can be worked on first.

 

Ms. Allen asked for a Rivermede Project update.

Mr. Ferebee said the permit had run out in October and he had reapplied for it, he said after this comes, the funding will come and can be sent to the Corp of Engineers.  He said it is unlikely there will be construction this year since it must be done during July or August when the river is at its lowest point.

 

Resolution No. 106 – 09

Mr. Biesemeyer offered a resolution and moved its adoption.  Be it resolved, that at the request of Mt. Marcy Artisans, permission be given for use of Marcy Field on Saturday, August 22nd and Sunday, August 23rd, for the 17th Annual High Peaks Arts and Antiques Show.  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. Ferebee said that as a result of a discussion held at last month’s meeting, Mr. Reed had found a dust control that can be tried on the municipal lot in Keene Valley.

He said he had talked to Dick Hall and he supports keeping the connector open between his lot behind the store and the municipal lot.

The Board agreed to try the dust control first and then talk about alternatives if necessary.

 

Mr. Ferebee shared a letter of resignation from Wendy Reynolds, for her position of Clerk to the Supervisor, with the Board saying that he is looking now to fill the position.

 

 

 

 

 

 

 

 

Resolution No. 107 – 09

Mr. Biesemeyer offered a resolution and moved its adoption.  Be it resolved, that the Town Board accept the letter of resignation turned in by Wendy Reynolds from her position as Clerk to the Supervisor, effective July 10, 2009.  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. 108 – 09

Mr. Biesemeyer offered a resolution and moved its adoption.  Be it resolved, that the Town Board accept the Supervisor’s Monthly Financial Statement for April 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:               Absent

 

Resolution No. 109 – 09

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 Mr. Ferebee.

Roll Call Vote:

Mr. Ferebee:              Yes

Mr. Martin:                 Yes

Mr. Biesemeyer:       Yes

Ms. Neville:               Yes

Mr. Jaques:               Absent

 

General Fund bills                           No. G182 – G213                 $25,202.23

Highway Fund bills                         No. H64 – H72                          1,692.77

Library Fund bills                             No. L39 – L47                           3,268.72

Water Dist. #1 bills                           No. K23 & K24                             495.37

Water Dist. #2 bills                           No. KV25 – KV27                     3,385.99

CPF – Water Dist. #2                       No.   4 – 8                                29,129.34

 

Ms. Whitson said she had information to share with the Town Board concerning Town litigation if they would like to enter Executive Session.

 

Resolution No. 110 – 09

Ms. Neville offered a resolution and moved its adoption.  Be it resolved, that the Town Board enter Executive Session to discuss litigation.  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 Board and Debra Whitson entered Executive Session at 7:26 PM.

 

 

 

 

 

 

Resolution No. 111 – 09

Ms. Neville offered a resolution and moved its adoption.  Be it resolved, that the Board re-enter regular session.  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 Board re-entered the regular session at 7:59 PM.

 

Mr. Ferebee informed the Board that the furnace/boiler at the Community Center needs replacement.

He said he has had Lance Hulbert and Nick Pepe look the situation over.  Mr. Ferebee said they both believe that the price will be under the $10,000 set aside for this purpose.

He also said he is looking into grant funding from NYSERDA.

 

Resolution No. 112 – 09

Ms. Neville 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

 

This meeting was adjourned at 8:04 PM.

 

 

 

                                                                                                Ellen S. Estes, Town Clerk

                                                                                                May 15, 2009

 

William B. Ferebee, Supervisor

Paul R. Martin, Councilperson

Robert M. Biesemeyer, Councilperson

Marcy A. Neville, Councilperson

Lawrence Jaques, Councilperson