September 29, 2009

Minutes of the Town Board Meeting held Tuesday, September 29, 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 and Lawrence Jaques, Members of Council. Absent: Marcy A. Neville, Member of Council. Also present were: Alan Carey, Highway Employee, Susan Whitney, Clerk to the Supervisor, Bruce Reed, Highway Superintendent and Ellen Estes, Town Clerk.

The Chairman, Mr. Ferebee, called the meeting to order at 5:31 PM.

Mr. Jaques asked what the voucher for so much bottled water was for, Mr. Ferebee said it is used on request for water users in Water District #2, as required by Rural Development as part of the grant agreement.

Mr. Ferebee said that Alan Carey would like to address the Board and turned the floor over to him.

Mr. Carey handed out information regarding the Consumer Price Index comparing it to the 1.3% increase reflected in the notes from the budget workshop from last week. He stated that each year for the last 4 years, the Town employees have been given a 3.3% increase.

Mr. Jaques pointed out that CPI and cost of living are two different things.

Mr. Carey also expressed that the Board recently took away the prescription co-pays which were part of a past raise, he asked the Board not to “kick them” twice in the same year.

Mr. Biesemeyer said the Board had talked about a 3% raise. Mr. Ferebee said he felt the Board was talking about a 3% raise and that he had talked to Ms. Neville who had agreed.

Mrs. Estes apologized for misunderstanding and misquoting the amount being discussed.

Mr. Carey also asked what was going on with playground equipment.

Mr. Ferebee said $8,000 had been budgeted last year which had not beenspent.

Mr. Carey said you can’t buy much for $10,000.

Mr. Biesemeyer asked what’s there now.

Mr. Carey said a swingset that has been there forever and the wooden jungle gym that was put in about 10 years ago. He also asked if it has been inspected recently.

Mr. Ferebee said it’s inspected every year.

Mr. Ferebee corrected the information given at the budget workshop that the Attorney is paid $25.00 an hour after the retainer is used up saying she is paid $125.00 an hour.

Resolution No. 171 – 09

Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that following the RFP’s, Nick Pepe be awarded the contract to replace the boiler at the Community Center at the lowest bid price of $15,953.00. This resolution was seconded by Mr. Martin.

Roll Call Vote:

Mr. Ferebee: Yes

Mr. Martin: Yes

Mr. Biesemeyer: Yes

Ms. Neville: Absent

Mr. Jaques: Yes

Mr. Ferebee said that Mr. Pepe’s bid was followed by Harry Auer’s bid of $16,100. He said that Bob Haley and Ron Hall were not interested and no response was received from Alan Preston.

Mr. Ferebee informed the Board, who had no problem with it, that Lauren Stack, the Sole Assessor wanted to change her day in the office from Tuesday to Thursday.

Mr. Ferebee asked for the following two resolutions for the water project:

Resolution No. 172 – 09

Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board gives the Town Supervisor authorization to sign all payment applications for the Water District #2 project, as long as the payment applications are within the original contract amount. This resolution was seconded by Mr. Jaques.

Roll Call Vote:

Mr. Ferebee: Yes

Mr. Martin: Yes

Mr. Biesemeyer: Yes

Ms. Neville: Absent

Mr. Jaques: Yes

Resolution No. 173 – 09

Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board approve processing the two attached payment requests of Reale Construction and Luck Brothers. This resolution was seconded by Mr. Martin.

Roll Call Vote:

Mr. Ferebee: Yes

Mr. Martin: Yes

Mr. Biesemeyer: Yes

Ms. Neville: Absent

Mr. Jaques: Yes

Resolution No. 174 – 09

Mr. Martin offered a resolution and moved its adoption. Be it resolved, that permission be given to enlarge Cemetery Lot #617, a single grave lot owned by Jean Hardy, into a two grave lot, for $100.00, the difference in the cost at the time of purchase. This resolution was seconded by Mr. Jaques.

Roll Call Vote:

Mr. Ferebee: Yes

Mr. Martin: Yes

Mr. Biesemeyer: Yes

Ms. Neville: Absent

Mr. Jaques: Yes

Mr. Ferebee gave a brief update on the Water District #2 project.

He said they had found a small amount of contaminated fill which had been stock piled on plastic. The Department of Environmental Conservation was contacted and said moving it around would allow it to clear. Mr. Ferebee and Mr. Reed feel this should be moved from its present location to the highway garage for the airing process.

Mr. Ferebee answered when asked, that at another location where old tanks were found, the owner has been in contact with DEC.

He also said that Lynn Edmonds, who had already paid her 2009 water rent, was requesting that her 2010 water rent would be waived, for the inconvenience she has encountered during this project saying she has not been able to rent out her house this summer due to her willingness to let the project run over onto her property.

Resolution No. 175 – 09

Mr. Biesemeyer offered the resolution and moved its adoption. Be it resolved, that Lynn Edmonds’ water rent for 2010 be waived to show appreciation for her support during the water project. This resolution was seconded by Mr. Jaques.

Roll Call Vote:

Mr. Ferebee: Yes

Mr. Martin: Yes

Mr. Biesemeyer: Yes

Ms. Neville: Absent

Mr. Jaques: Yes

The next discussion was in regard to the office space issue.

A letter was received from Little Peaks thanking the Town Board for the meeting regarding space and explaining what they would like to see for the future.

Mr. Jaques suggested that Golden Peaks hook up with the Congregational Church for space and that the Community Center cafeteria could be used by the Town Justices.

Mr. Biesemeyer suggested an addition on piers near the front part of the Town Hall for the Justices saying they could have a private entry and have it sealed off for privacy.

Mr. Jaques said he still didn’t think Golden Peaks needs their own room. He also questioned what was going on with the Methodist Church across the street.

Mr. Biesemeyer suggested getting a measured design drawn up of the Community Center as it now exists for scratching up. He suggests closing up the staircase to save space.

Mr. Jaques said he likes Mr. Biesemeyer’s idea for the Justices, but would like to persue Golden Peaks going to the Congregational Church. He said he would like to be ready for 2011 and questions if money for renovations to the Town Hall and Community Center should be put into the 2010 budget.

Mr. Ferebee said he is looking for funding.

Mr. Jaques said he would like to see input from the Assessor and Code Enforcement Officer.

Mr. Martin suggested talking to the Justices in regards to what they need.

Mr. Ferebee said he would talk to Christine Francis about drawings.

Mr. Ferebee said he felt the Town Board was going to need to look at their dog ordinance and address barking or nuisance. He said he has received a lot of complaints, including complaints of penned dogs barking all day while their owners are at work. He said he has looked at ordinances from a couple other Towns.

There was a brief discussion regarding the condition of the turn near the Endicott’s parking area. Mr. Reed said this area is a problem due to the turn on the grade.

Resolution No. 176 – 09

Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Supervisor file the Town of Keene 2010 Tentative Budget 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: Absent

Mr. Jaques: Yes

Mr. Reed said he had questions regarding the Highway Budget saying he was not able to attend the final workshop.

Mr. Ferebee began by talking about the sidewalks in Keene Valley saying that Luck Bros. would be repairing them as called for in the contract.

Mr. Reed suggested that he didn’t feel the sidewalks should be repaired this fall, saying they won’t take the salt. He said it would be a better job if it was done in the Spring.

He also said the sidewalks on the school side of Market Street are shot. He said at prevailing wage, he estimated that the sidewalks along both sides of Market Street would cost $70,000 to replace. He suggested that the Board go look at them.

Mr. Ferebee said that AES suggested budgeting $40,000, the difference between the contract of patch paving and the total cost.

The Board was in agreement it would be best to wait until Spring to do any sidewalk work.

Mr. Reed also addressed the excavator issue saying they would use it more than 2 weeks a year. He said they could take over ditching County roads and that the Hickey Road needs ditching. He also mentioned the Bartlett Road which the bus won’t go on.

He said he had checked the monthly rental price and found it to be $3,000.

Mr. Jaques clarified that what he said was that at the 2 week price for rental $95,000 would cover rental for 37 years.

Mr. Reed also told the Board that he had an 11 year old truck, a 15 year old truck and a 20 year old grader.

Mr. Ferebee explained the contingency budget saying that $60,000 was used in 2008 and so far $12,000 has been used in 2009 saying this budget is needed for projects like the cemetery wall.

Mr. Biesemeyer and Mr. Jaques said they weren’t told that before.

Mr. Martin suggested holding the contingency at the same figure of $80,000 as in the past.

Mr. Biesemeyer agreed, saying there had been a different light shed tonight.

The next discussion was in regards to the Holt House.

Mr. Biesemeyer said he felt a lot of things are not in the specs, he said he thinks there will be a problem with the electrical and plaster repair. He said he would like to see where the bids come in, but was afraid of being stuck with a half finished project.

Mr. Biesemeyer suggested painting the building, replacing the windows and putting up a new structure with bathrooms.

This was followed with a discussion about in-kind services. Mr. Ferebee said that Mr. Reed does not want to put in the septic.

Mr. Jaques asked how much in-kind was called for, Mr. Ferebee said 20%.

Mr. Jaques said he wasn’t sure about this project now.

Mr. Reed asked the Board if he could have the machine equipment item in the highway budget raised $4,000 to cover cost of rental. The Town Board appeared positive.

The Town Board looked at the old map of the water lines from when the Town purchased Water District #2. Mr. Ferebee pointed out that there was a 470 foot line extending up “Notman Street” (Country Club Way).

Mr. Jaques asked what the cost of a new 6” line would be and then questioned the cost of blacktopping.

Mr. Ferebee said he thinks the Country Club may be getting ready to blacktop, saying he would check out the cost of a new line.

The Board seemed to be in agreement that the line looked like it belonged to the Water District.

Mr. Ferebee suggested they have the existing line tested.

Mr. Ferebee informed the Board that there is a 2” line between the Fitness Center and Buschman-Kellys’ that may need work. He said there may be the need for 3 more hook-ups, also saying that the Fitness Center wants a new one.

Resolution No. 176 – 09

This resolution was offered by Mr. Jaques, who 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: Absent

Mr. Jaques: Yes

General Fund bills No. G409 – G452 $41,259.34

Highway Fund bills No. H138 – H146 8,586.14

Library Fund bills No. L91 – L95 1,356.76

Water Dist. #1 bills No. K41 – K45 487.05

Water Dist. #2 bills No. KV53 – KV56 466.91

CPF – Water Dist. #2 No. 19 – 24 22,572.48

Resolution No. 177 – 09

Mr. Ferebee 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: Absent

Mr. Jaques: Yes

The meeting was adjourned at 7:10 PM.

Ellen S. Estes, Town Clerk

October 6, 2009

William B. Ferebee, Supervisor

Paul R. Martin, Councilperson

Robert M. Biesemeyer, Councilperson

Marcy A. Neville, Councilperson

Lawrence Jaques, Councilperson