Minutes of the Town Board Meeting held Tuesday, September 13, 2011, at 5:30 PM, at the Keene Community Center. The following Town Board Members were present: William B. Ferebee, Supervisor, Paul R. Martin, Marcy Neville and Lawrence Jaques, Members of Council. Absent: Robert M. Biesemeyer, Member of Council. Also present were: 4 residents, Bruce Reed, Highway Superintendent, Debra Whitson, Town Attorney and Ellen Estes, Town Clerk.
The Chairman, Mr. Ferebee, called the meeting to order at 5:30 PM and invited those present to join in the Pledge of Allegiance.
Resolution No. 164 – 11
Ms. Neville offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the Notes from the Bid Opening held August 1st and the Minutes of the Town Board Meeting held August 9th, as presented. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes
Privilege of the floor was offered.
There were no comments at this time.
Mr. Ferebee introduced the first topic saying that the Board had recently named the private driveway into Rivermede Farms “Rivermede Way”. He said that Pat Smith who owns the front of that driveway is very unhappy that she was not consulted on the name. He said she was requesting that the Board change the name and gave a few name suggestions.
There was a brief discussion regarding the easement, etc.
Mr. Martin said the Board would consider changing the name.
Mr. Ferebee said he would inform Rob Hastings of the situation and said this could be discussed again at the next meeting.
Mr. Ferebee asked the Board for a resolution regarding the 1990 L8000 Ford truck that was declared surplus and put up for bid sale. He said that the high bidder, when the bid was refused, increased his offer for the truck to $4000. He said at that time he spoke to the Board who all agreed, with Mr. Reed’s recommendation, to sell at the new offer.
Resolution No. 165 – 11
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board agreed, under Mr. Reed’s recommendation, to sell the 1990 L8000 Ford to Village Truck Sales for $4,000, up from $2,190. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes
Mr. Ferebee introduced the next discussion informing those present that the Town Board had temporarily closed the Keene Library until its environment is safe for the employees and public to return.
He said he wanted to make it clear that when the library reopens, Marcy LeClair will be the Librarian.
(continued)
He said he met with Mary Ann Ward, who helped with clean up at the Wells Memorial Library in Upper Jay following the flood. He said she did not feel that the books all needed to be moved since they did not get wet.
He said there are now 3 dehumidifiers running inside the building and that they are emptied twice a day.
Ms. Neville said that Janet Hall has washed down the wood walls in the archive room.
When Ms. Neville asked, Mr. Ferebee confirmed that there is mud in the furnace duct work.
Mr. Ferebee said the books over the crawl space may have to be moved and he had experienced volunteers to do that.
He said he is looking for a professional to assess the mold and will need to have the situation certified after the mold is gone.
Mr. Jaques suggested ACT, an air quality control company that has done work for Torrance Construction in the past.
Mr. Martin said that Keene Valley Library had a similar issue last year and someone should check with Karen Glass regarding who they used.
Mr. Martin introduced the next discussion saying that there has been another problem with noise on Hurricane Road. He said partying, hot tubs, loud speakers, etc. is a problem at the rentals owned by Roger Abbott, beside the Earleys’. He said that last weekend the Earleys’ had to call the police and that when they came; the noise was so bad they went up there. He said after that it stopped, but the police could not issue a ticket. He feels if they could, it may go back to the landlord.
Mr. Martin offered a motion and moved its adoption, saying he would like to have a noise ordinance developed to go into effect January 1st. Ms. Neville seconded the motion, to open the topic for discussion.
Mr. Ferebee said that enforcement is the problem.
He said the Earleys’ called him Saturday night and he had to tell them that he had had a tough 13 days dealing with the flood and explained to them that he was sorry but he couldn’t help them. He told them that the Town Board has discussed a noise ordinance, but the problem is enforcement. He said that what is noise to one is not noise to another.
Mr. Ferebee told the Board that he is all for investigating, saying that of the 18 Towns in the County, only 2 or 3 have ordinances and they are the ones with law enforcement. He agreed this situation needs to be investigated, but said how to enforce it is a problem.
Mr. Martin said that if there is an ordinance, the State Police can do something about a call.
Ms. Neville said she can see where enforcement is an issue saying that if the Dog Control Officer is called too many times she’ll quit. She suggested something like on the third written complaint a fine could be issued.
Deb Whitson explained the warning system used by the Town of Brighton. She also stated that the State Police do not travel with a decimeter saying that a seasoned attorney would be able to beat any tickets written.
Mr. Reed asked if anyone had talked to Roger, Mr. Ferebee said yes, he has. He said if the motion is to investigate, he will.
Ms. Whitson said there could be an added expense in having an attorney representing the Town in these cases.
Ms. Neville suggested that the Association of Towns may have good information.
Resolution No. 166 – 11
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board authorize Mr. Ferebee to get sample noise ordinances (public nuisance) for their review from other Towns. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes
Mr. Ferebee informed the Board that a new 3 year contract has been received from Bioconservation for black fly control. He said that due to recent financial conditions, Bioconservation is willing to reduce the 2012 contract by $2,000 and the 2013 and 2014 contracts by $1,000.
Resolution No. 167 – 11
Ms. Neville offered a resolution and moved its adoption. Be it resolved, that the Town Board authorize Mr. Ferebee to renew the 3 year contract with Bioconservation for $36,500 for 2012 and $37,500 for 2013 and 2014. This resolution was seconded by Mr. Jaques.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes
Mr. Martin reminded the Board that they had asked for the BTI technicians to mark their cars for the public to know who they are. Mr. Ferebee said they put a sign on their dash and that Kathy Vanslow lets him know when they are starting the program.
Mr. Ferebee said that Harold Heald was present for a cemetery issue and turned the matter over to Mrs. Estes.
Mrs. Estes said maybe Harold could explain it better saying all she had to go by was old receipts but it looked like the Heald family bought 3 cemetery lots in the 60’s and then bought one of them again in the 70’s. She said she thinks when this mistake was noticed, a lot was designed beside the row of three, but then, not being aware of this, a couple years ago this area was surveyed into 2 grave lots. She said she has sold 3 of the new lots affected by the Heald lot and that 2 people have been buried in them.
Mr. Heald gave a very similar explanation saying that Mr. Purdy authorized the unnumbered lot to be surveyed and deeded to the Healds.
Mrs. Estes explained that one lot up from the Healds three lots was a space left for a proposed road which was never used. She said that the Healds were asking for two lots in exchange of the unnumbered one that has been compromised and permission to exchange the lot Jay owns in another section for a third one.
Resolution No. 168 – 11
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Healds be compensated three lots in exchange for the two lots described above. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes
Resolution No. 169 – 11
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that at the request of Irene Riedl, the water rent on her salon and apartment be reduced to the salon only since water has not been used, in 2011, for the apartment. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes
The next discussion was in regards to a water rent reduction request received from Amy Smith, Attorney at Law, on behalf of the Dennis family. Ms. Smith explained that the cabin on Mason Young Lane which was charged water rent in 2010 and paid and then billed again in 2011 is serviced by a well. The Dennis’ are asking that the water charge of $425 and the $50 on and off fee be rescinded on the 2011 statement and reimbursed for the 2010 overpayment.
The Board opted to table any decision tonight to have time to investigate this issue, a decision will be made at the next meeting.
Resolution No. 170 – 11
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the Report of Monies Collected for Water Districts No. 1 & 2 for the month of August. This report, in its entirety, has been attached to and made a part of these minutes. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes
The next discussion was in regards to the Bond Anticipation Note briefly discussed at the Special Meeting held on September 7th.
Mr. Ferebee explained that this funding was a 5 year B.A.N., meaning that only the interest on what is used is paid for the first 5 years. He said the cap was at $400,000 and that this funding was for protection when the Town is out of money.
Ms. Neville asked if the specific work being done is FEMA eligible saying she wants to be sure reimbursement is coming.
Mr. Ferebee said he is attending a FEMA meeting tomorrow morning at the County. He said it is his understanding that necessary work is 75% reimbursable by FEMA and 12 1/5% by the State.
Resolution No. 171 – 11
The Town Board authorized Resolution No. 171 – 11, a Bond Anticipation Note Resolution. This resolution, in its entirety, is attached to and made a part of these minutes.
Discussion continued on work being done at John’s Brook.
Mr. Martin said what was being done at John’s Brook is fabulous, but is only phase 1, he said phase 2 should be placing shot rock over this work.
Mr. Ferebee said he met with the Army Corp. of Engineers who are going to give their recommendations but say for now, the work being done now is what they would recommend.
Mr. Reed said the reason they moved to this site at Craig Allen’s was to protect that house. He said the excavator was scheduled for 3 days at this site and that he was asking for 1 more. He said that the excavator cost $2,000 per day, saying that 1 more day will make a big difference.
Resolution No. 172 – 11
Mr. Ferebee offered a resolution and moved its adoption. Be it resolved, that authorization be given for Mr. Reed to continue the work being performed to make an overflow in the area of Little John’s Brook . This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Oppose
Mr. Jaques: Yes
Ms. Neville said she was opposing because she feels the Town owes it to the AuSable River Association to confer with them.
Mr. Reed said he would like to discuss the situation on Bucks Lane. He said he would like to replace the t-wall built back in 1996 or 97 saying that he has the plans from that. He said that he is going to have to put that wall back in saying that the Town road goes as far as the telephone pole, not to the Holbrooks, he said he needed the Town Board to make the decision about how far to go.
Mr. Martin said a t-wall would not be enough and discussed another solution.
Mr. Ferebee suggested getting a price for both ways.
Ms. Neville, again, said she is not a river expert and said that Carol Treadwell has some good ideas. She suggested having the AuSable River Association look the situation over.
Mr. Jaques reiterated that the question is how far to go beyond the Town road.
Mr. Reed suggested the Board Members look the situation over, along with the situation in the brook from the old Bickford house to the river.
Mr. Ferebee mentioned the process of using root wads and angled rocks.
Ms. Neville said she opposes dredging which makes flooding worse.
Mr. Reed said there are many areas that need to be looked at, including Jackson Road where boulders need to be moved over to stop the sliding. He said to look at Katy Purdys’ and at the brook near Pasomowskis’ in St. Huberts.
Mr. Ferebee said there are a lot of private areas that need to be looked at.
There was the brief mention of the bridge in St. Huberts going somewhere else.
Mr. Jaques suggested that when people get money for stream/property damage they turn it over to the Town to reimburse work being performed by the Town.
Mr. Martin and Ms. Neville said the Town can apply.
Mr. Jaques pointed out that he wouldn’t like to see any work be denied, but said the Town can only do so much. He also said these areas need to be dug out each year.
Ms. Neville said only projects reviewed and approved by the AuSable River Association should be performed.
Mr. Reed said some of these projects are time sensitive saying he is only looking out for the homeowners, he said he will not have the time when winter comes. He said he needs help from the Board Members in locating problem areas and authorizing the work.
Donna Austin asked if the Town had gotten a judgement on the AMR assessment case.
Mr. Ferebee said not a signed judgement, he said this would be discussed in Executive Session.
Mr. Ferebee said he would have the August Monthly Financial Statement for the Bi-monthly Meeting later this month.
Resolution No. 173 – 11
Mr. Ferebee offered a resolution and moved its adoption. Be it resolved, that authorization be given for the Town Board to enter into Executive Session to discuss litigation. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Yes
The Town Board entered Executive Session at 6:44 PM.
Mr. Jaques was excused from tonight’s meeting at this time.
Resolution No. 174 – 11
Mr. Ferebee offered a resolution and moved its adoption. Be it resolved, the Town Board reconvene into regular session. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Absent at this time
The Town Board reconvened into regular session at 7:10 PM.
The Board briefly discussed local fund raising for flood damage.
Mr. Ferebee said the Keene Flood Recovery Fund had already dispersed $60,000 to residents for local damage.
Ms. Neville pointed out that some people may not even realize yet that they have damage, saying that when they try their furnaces, etc. it will show.
Mr. Ferebee said there is a lot of information on the website.
Mr. Ferebee asked the Town Board for their help in assessing damage to Town property.
Ms. Neville said she would check out Point Park and the beach area.
Mr. Martin said he would check the Holt House.
Mr. Ferebee gave a brief update on the Johns Brook Bridge. He said the bridge has been posted for 6,000 pounds and that the highway is working on the bypass through Mulligan’s Pass, which will be open for local traffic only when the bridge work begans. He said the contractor is working on a design for repairs to the approach of the bridge from the Keene Valley side. He said they are probably going to use a poured wall and connect the water lines to it.
Resolution No. 175 – 11
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board approve the following bills for payment, including those that were prepaid. This resolution was seconded by Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Absent at this time
Multi-fund Vouchers numbered 573 to 630, totaling $116,549.28:
General Fund - $54,837.34
Highway Fund - 55,894.44
Library Fund - 962.08
Water Dist. #1 Fund - 1,898.06
Water Dist. #2 Fund - 2,957.36
Resolution No. 176 – 11
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 Ms. Neville.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Absent
Ms. Neville: Yes
Mr. Jaques: Absent at this time
The meeting was adjourned at 7:36 PM.
Ellen S. Estes, Town Clerk
September 22, 2011
William B. Ferebee, Supervisor
Paul R. Martin, Councilperson
Robert M. Biesemeyer, Councilperson
Marcy A. Neville, Councilperson
Lawrence Jaques, Councilperson