Minutes of
the Town Board Meeting held
The Chairman,
Mr. Ferebee, called the meeting to order at
Resolution
No. 144 – 09
Mr. Martin
offered a resolution and moved its adoption.
Be it resolved, that the Minutes from the Special Meeting, Public
Hearing and Town Board Meetings, all held Tuesday, June 9th, the
Notes from the Bid Opening held Friday, June 12th and the Minutes of
the Bi-Monthly Town Board Meeting held Tuesday, June 30th, all be
accepted as presented. 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
Privilege of
the floor was offered.
Jean Clifford
said she had no update for
John DeZalia was
present and read a statement he had prepared in reference to the parking lot
next to the store.
Mr. DeZalia
referred to the Minutes of May 26th which stated that the Board was
in agreement that the opening was not meant to be used as a thoroughfare. He said that has not been the case, he said
to date the barricade has been moved 25 times by non-delivery persons. He said there was an incident of damage at
the store where an employee’s bumper was pulled off their car by someone
passing through the opening.
He said he
felt the safety issue was not raised until after his initial letter.
He said that
the Town lot is now used 97% of the time by trucks.
Mr. DeZalia
said that the lot was not supposed to be used for overnight parking saying that
the sign indicates that this is okay, he said there was one night when campers
slept on the grass.
Mr. Martin
said this should not be happening, he said that the Town had accommodated Mr.
DeZalia’s aunt by allowing her to park in the lot and saying the lot has been
talked about as a way to get cars off the sidewalks in the winter.
Ms. Neville
said she felt the intent was not to construct a permanent barrier, saying the
intent was to discourage casual drive through traffic.
Mr. DeZalia
referred to the Minutes speaking in reference of a permanent barrier.
Mr.
Biesemeyer and Ms. Neville both said they didn’t think that should have been in
the minutes. (I am not sure of where to find this statement in previous
minutes).
When asked,
Mr. DeZalia said the barrier has cut down on the dust.
Mr. Martin
said this issue would be re-investigated saying he had some other ideas.
Mr. Jaques
said that he remembers that when the lot was purchased by the Town, it was
never intended to be a thoroughfare and stated that he would like to look back
in the old minutes.
Mr. DeZalia
made the request that a permanent barrier be put up.
Mr.
Biesemeyer suggested looking for a “middle ground” between the parties
involved.
Carol
Treadwell, Au Sable River Association, was present to talk to the Board about
the Rivermede Project. Mr. Ferebee said
that Mrs. Treadwell is exploring a way of saving the spoil from the Water
Project.
Mrs.
Treadwell began by saying that she has been working with the Army Corp. of
Engineers and said that 30,000 yards of fill will be needed for the
project. She said that this would need
to be purchased or stockpiled. She asked
if anyone had ideas of where spoil from the water project could be stockpiled.
Mr. Martin
said the Town owns 12 ½ acres between the river project site and the Ormsbys
that could be used. He said trees would
need to be cut.
Mr. Ferebee
said he will research the permitting of this site. He explained that Rivermede property could
not be used because of the weight on the bridge getting there.
The Board
discussed a couple other possibilities including a corner of the hiker parking
on Marcy Field.
Mrs.
Treadwell invited everyone to join in a hike up
Martha Allen
asked for an update on the Water District No. 2 project.
Mr. Ferebee
said there is a contractor’s meeting on the 24th saying that the
bids have been let. He said it is
anticipated that construction will began by August 1st.
He said that
the
Ms. Allen
asked if there would be plans available for the public to look at.
Mr. Ferebee
said there would be plans at the construction trailer at the well site and that
plans are kept here at the Town Hall.
Resolution
No. 145 – 09
Mr. Biesemeyer
offered a resolution and moved its adoption.
Be it resolved, that the Town Board accept and authorize the Town
Attorney Agreement with Debra Whitson.
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. 146 – 09
Mr. Jaques
offered a resolution and moved its adoption.
Be it resolved, that the Howard Reed Family be given permission to use
the walkway between their two cemetery lots in
Roll Call
Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr.
Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes
A copy of the
letter sent to Fred Buck at Essex Co. DOT from Doug Potter and Cheryl Garno requesting
a speed limit reduction on
The next
discussion was regarding the
Ms. Whitson
said that she had new information distilled from research she had done on the 3
or 4 writings concerning this road. She
discussed the “binding” effects and how they were reached.
She said that
in the early 1800’s the State had created a public right of way which was
turned over to the Town to maintain and control. She explained that the State holds title to
the land and the Town owns the easement.
She said the
6 year non-use rule does not apply for two reasons explaining both.
She explained
abandonment saying that the 2005 Town Board resolution had defects.
She said the
way she sees it, would be to invoke 212, with the State closing the road to
motorized vehicles through qualified abandonment.
Mr. Martin
asked about the Town’s liability.
Ms. Whitson
said the Town’s liability coverage would cover.
Mr.
Biesemeyer suggested a Public Hearing to see how the people feel.
Mr. Martin
suggested a proposition on the ballot.
Frank Cruger,
Vice President of the Ski Touring Council, said that closing the road to motor
vehicles would stop the problem saying it was dangerous on the downhill slopes
for skiers after snowmobiles have packed it.
Ms. Whitson
said she thinks the road can be closed to non-motorized vehicles but said it
would be nice if DEC would step up to the plate and make that decision.
Pete Fish
said to began with there are 4 beaver ponds and that
makes falling through the ice possible.
He also said that he wasn’t sure if 212 applies to dead ends and that he
also was not sure that North Elba is impacted saying that the parking lot on
their side is the Town line. He
expressed concern for the environment and for the skiers saying that all wheels
are destructive and that snowmobiles ice up the trail and pollute the
environment.
Ms. Whitson
cautioned that to have a proposition this fall it has to be ready 60 days prior
to election.
Mr.
Biesemeyer asked if the Board wanted to set a date for Public Hearing.
Ms. Neville
asked if the Highway Superintendent is responsible for doing qualified
abandonment’s.
Mr. Jaques
responded that the Town Board had tried to do it that way once and it had not
been carried through..
The Board
agreed on Tuesday, August 4th, at
Mr.
Biesemeyer suggested inviting speakers from both sides of the issue to speak.
Ms. Neville gave
a brief update on the hamlet smart growth saying that the Town Board adopted a
resolution of support a couple of years ago.
She said the study is still on going saying that
Resolution
No. 147 – 09
Mr. Jaques
offered a resolution and moved its adoption.
Be it resolved, that the Financial Statement of the Supervisor for June
be accepted as presented and placed on file with the Town Clerk. 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. 148 – 09
Mr. Jaques
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. Biesemeyer.
Roll Call
Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr.
Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes
General Fund
bills No. G307 – G340 $32,263.82
Highway Fund
bills No. H106 – H111 3,148.00
Library Fund
bills No. L65 – L71 784.46
Water
District #1 bill No. K31 114.00
Water
District #2 bills No. KV37 – KV39 1,139.79
CPF – Water
District #2 bills No. 9 – 15 22,430.22
Resolution
No. 149 – 09
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 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
Ellen
S. Estes, Town Clerk
William B.
Ferebee, Supervisor
Paul R.
Martin, Councilperson
Robert M.
Biesemeyer, Councilperson
Marcy A.
Neville, Councilperson