September 23, 2009

Minutes of the Special Town Board Meeting held Wednesday, September 23, 2009, at 5:30 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: 18 residents, Debra Whitson, Town Attorney and Ellen Estes, Town Clerk.

The Chairman, Mr. Ferebee, called the meeting to order at 5:32 PM and invited everyone present to join in the Pledge of Allegiance.

Mr. Ferebee began by explaining that tonight’s meeting was scheduled to discuss the Old Mountain Road. He said that the Town is moving ahead with the Qualified Abandonment saying that a letter notifying adjoining landowners of the public hearing on October 6^th, at 5:45 PM, has been sent.

He explained that the purpose of a qualified abandonment is to release the Town of Keene of the liability of maintaining the road while keeping the right of way.

He said the purpose of tonight’s meeting is to discuss the use of the road following this abandonment.

He said the media has hyped the proposed referendum and went on to say that the Town Board still needed to make decisions regarding the proposition.

Mr. Ferebee said decisions have to made about whether to allow Town of Keene residents to use this right of way as far as the beaver dam with ATVs and what dates, recommending the 1^st weekend following Columbus Day through December 15^th.

Mr. Biesemeyer said he felt a good solution was to have a simple proposition to get feed back by asking “Do you feel there should be motorized vehicles on the Old Mountain Road?” He said he is in favor of a Local Law no matter how the proposition comes out. He said he just wants to make sure the Town keeps the road, he said he is afraid that there are several groups who may try to take the easement away.

Mr. Jaques said he would like to see the proposition expanded, saying that if it goes to vote as motorized or non motorized he thinks the vote will come in for non motorized. He made the point that future Town Boards will be able to amend this decision and that the Town would still have control. He said he thought it was a good compromise to allow ATVs during hunting season saying he didn’t think it would see a lot of use.

Ms. Neville said she would like to see a simple proposition to get a feel, she said she struggles with the compromise. She said her concern is what happens if the ATVs cause damage and don’t take care of it.

There was discussion about the ATV area going only as far as the “tables” or beaver dam.

Mr. Martin said he would like to see the attempt to give each group wanting to use this right of way the opportunity to.

Mr. Vincent asked if the Town has the authority to make decisions after a qualified abandonment saying it remains a highway and general rules still prevail, and he questions how or if the Town can stop motorized vehicles.

Ms. Whitson said that is correct, but under a provision of Town Law, the Town has a unique interest in Town Roads and can regulate or designate use.

Tony Goodwin said he would like to address Ms. Neville’s concern saying that in the 90s use of snowmobiles and ATVs was limited, but there were no problems. He said it was natural for them to stop at the beaver dam and said there is a wide variety of volunteers to come help with maintenance when necessary.

Judy Caner asked how ATVs will get to the Palen property line.

Mr. Ferebee said they are not allowed to be used on Town roads, but Ed Palen will allow them to park and unload in his lot.

Mr. Palen provided “after Columbus Day” he hoped.

Mr. Jaques said he thought it would be very, very limited use.

Mr. Ferebee agreed.

Again Ms. Neville agreed, but said she had to ask, “Who would be liable to fix damages.”

Wendell Wells said he has skied, and used snowmobiles and ATVs saying if it was impassible, they fixed it.

A draft of a proposition was available, Lorraine Duvall asked if that was the final proposition.

Mr. Ferebee said it still needed to be reworded.

Ms. Whitson explained that the Law would be apprised before the vote, but only the proposition would appear on the ballot.

Mr. Palen asked if the right would be restricted to adult, Town of Keene residents and asked if night use could be restricted also. Mr. Ferebee responded that in the rules it would state until sunset.

Mr. Palen asked if an “attractive” sign would list the rules and received a positive response.

Discussion followed regarding hunting season dates and enforcement.

Mr. Vincent asked if the law would state resident use or taxpayer use.

Mr. Ferebee said resident, according to domicile.

Monique Weston asked if the noise would scare away the animals.

Brett Lawrence said no, saying it make a trail for them.

Mr. Jaques said for now the issue was getting the proposition worded saying there is time to work on the law.

Mr. Biesemeyer said he would like to find out what the sentiments of the Town are.

Mr. Martin said he wouldn’t care if a proposition was not done. Mr. Jaques agreed.

Mr. Biesemeyer said the only reason for the proposition was for documentation.

Lorraine Duvall said she agreed with Mr. Martin and said if she voted no to motorized vehicles and then they were allowed, she would feel duped.

Ms. Whitson again clarified that the ATV use being considered is during hunting season only.

Mr. Martin said he felt the only informed people were the ones that had been to the two meeting and he thought the confusion of this proposition was going to create problems.

Mr. Ferebee asked what would happen if the Board adopted a Local Law and did not publicize it during the election.

Resolution No. 170 – 09

Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board does not have a proposition on November’s ballot. 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. Wells asked if the meeting scheduled for October 6^th would still occur.

Mr. Ferebee said yes, explaining it was needed to move on with the qualified abandonment.

The meeting was adjourned at 6:26 PM.

Ellen S. Estes, Town Clerk

October 1, 2009

William B. Ferebee, Supervisor

Paul R. Martin, Councilperson

Robert M. Biesemeyer, Councilperson

Marcy A. Neville, Councilperson

Lawrence Jaques, Councilperson