October 10, 2006

Minutes of the regular Town Board Meeting held Tuesday, October 10, 2006, 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, Marcy A. Neville and Lawrence Jaques, Members of Council. Also present were:
approximately 35 individuals (most were residents of Keene and members of the Ad-Hoc Committee), Ron Briggs, Town Attorney, Bruce Reed, Superintendent of Highways and Ellen Estes, Town Clerk.

The Chairman, Mr. Ferebee, called the meeting to order at 7:00 PM and invited those present to join in the Pledge of Allegiance.

Resolution No. 203 – 06
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Minutes of the Town Board Meeting held September 13th, the notes of the Budget Workshop held September 21st and the Minutes of the Budget Workshop/Town Board Meeting held September 26th, be accepted as presented, and the notes from the Budget Workshop held on September 19th, be accepted with the following amendment requested by Mrs. McDonough, “that the County informed her that the cost of living increase for 2007 is 3½%”, rather than the statement “that they are giving a 3½% cost of living increase”. This resolution was seconded by Mr. Jaques.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Jean Clifford gave a brief update on Golden Peaks.
She said that she and Anne Frieary had met with Betty Little regarding taxes and would be attending a seminar in Port Henry on taxes tomorrow night. She said the group has started meeting again for fall and that they have lots going on.

Mr. Ferebee said he had attended the informational meeting held at the School regarding the Ad-Hoc Committee’s proposed resolutions and that he had found it informative, he then turned the floor over to the Committee.

Lorraine Duvall gave a background on the steps that have been taken by the Ad-Hoc Committee saying that these resolutions were a grass roots issue of concerned citizens. She said that 75 more names have been added to the petition signed by 100 signers in August. She said that the Committee has worked at getting their platform out to the public by word, by brochure, by holding an informational meeting and also said that 3 local papers have had articles concerning the issue. She questioned how the Town Board knows what the Town’s wishes are, saying that she feels there is substantial support for the Town Board to support this grass roots effort.

Martha Lee Owen quoted some influential men in history while asking the Town Board for their support, she said she urged them to adopt these resolutions and send them on to Congress.

Monique Claque spoke about a new law signed yesterday and went on to say that she has no trust in the current administration.

Steve Bowers said he was the person who spoke out and said that he believes that the Constitution works properly and said he also believes that the Members of the Ad-Hoc Committee believe in what they are doing, he said he is disappointed that others who agree with him are not standing up and are leaving him alone to oppose.

Mr. Ferebee asked the Board if they had anything they would like to say.

Mr. Biesemeyer said he understands the people who are not in favor of this support, but there are 200 signers who the Town Board represents who are in favor of supporting and he feels the Town Board should vote to sponsor their request for support.

Mr. Martin said he is becoming more convinced that the Town Board is the wrong quorum for this issue, he said it is the Town Board’s responsibility to take care of business for the Town and that as a Board Member he feels he can not sign affirmatively.

A gentleman from Westport said he felt this was entirely the appropriate venue, he said that every public official swears an oath to uphold the constitution and that people should be able to turn to local officials for support.

Ms. Neville responded that she has had time to be prepared on the resolutions and said she would like to know more of how the Board feels.

To open further discussion the Town Board adopted a motion authorizing the Town Board’s resolution of support to sponsor the resolutions presented by the Ad-Hoc Committee (official resolution and roll call vote follows discussion).

Mr. Jaques said he didn’t feel it was the Town Board’s place to vote and said he will vote no.

Mr. Biesemeyer said he doesn’t understand denying this group the opportunity to present their issue at a higher level.

Mr. Martin gave his thoughts in relation to what he originally thought the war in Iraq would accomplish, Mr. Biesemeyer and Paul Matthews said they didn’t understand the connection.

Ms. Neville said aside from Steve and his wife who oppose, she was sure there were those individuals that were just not sure, she still believed that the final count would not be in until the issue had it’s day in court. She said the group is just asking for support to get this issue to the House of Representatives for a non-partisan investigation.

Mr. Ferebee said that the only problem he has with this issue is the verbiage, he said if some wording were changed he could support it. He said that he recalled a mental picture of the individuals attending the meeting held at School and the people present here tonight and still felt that there are many people in Keene and Keene Valley that are still not aware of this request. He said he felt it was up to the Town Board to support the Town and he isn’t convinced that the majority has been informed yet.

Mr. Biesemeyer said he didn’t think it was necessary to wait for a majority, he said the Board should support a minority, he said he felt it was the Board’s obligation to sponsor this group even if you didn’t support it.

Mr. Ferebee said he just was not ready to vote on it yet.

Resolution No. 204 – 06
Ms. Neville offered the following resolution and moved its adoption. Be it resolved, that the Town Board of the Town of Keene authorize a Resolution of Support to sponsor the resolutions presented by the Ad-Hoc Committee of Concerned Citizens regarding War and Terrorism; and Civil Liberties and Balance of Power. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Oppose
Mr. Martin: Oppose
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Oppose

Ms. Neville said that she has been a supporter of the group from the beginning and just wanted to say that they had done a tremendous job and she was proud to be part of this Town.

Ms. Duvall said she didn’t know where it would go from here, but said it has been a wonderful process.

Ms. Claque said she didn’t understand how these individuals could vote against this.

Phyllis Buchanan asked if since it was defeated 3 to 2, could the lanquage be changed and have it brought back. She was answered affirmatively.

Mr. Martin said he thought the timing was wrong.

Joel Grinker suggested abstaining from the vote instead of opposing it.

Resolution No. 205 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town again take out a half page ad in the School’s yearbook, at the cost of $75.00. 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

Mr. Ferebee informed the Town Board that the Towns of Jay and Wilmington are interested in sharing a Code Enforcement Officer.
The Town Board agreed that they are happy with Frank Slycord and agreed that there was no need to restructure the position.

Mr. Ferebee informed the Board that he has been offered Saturday and Sunday, October 28th and 29th as available days to hold another bulky days.
The Board agreed to those days, Mr. Jaques suggested advertising well since the calendar was already out and people have been wondering if there would be another one this fall.

Mrs. Estes said she has been approached by an individual whose parents own a 4 grave lot in the cemetery that has 2 burials on one side and the other side will never be used, this individual would like to turn the unused side back over to the Town.

Resolution No. 206 - 06
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board authorize the Town Clerk to accept the return of partial cemetery lots at the proper apportionment of the original purchase price, the original deed must accompany this transaction. This resolution was seconded by Mr. Jaques.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Resolution No. 207 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board file the 2007 Preliminary Budget, with no changes at this time, with the Town Clerk. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

Mr. Ferebee gave a brief update on Water District #1.
He said he wasn’t sure if an ad valorem tax would be needed, he said that Vic Putman is working on getting paperwork in place for proposing a reimbursement due to the fact that the Town’s Community Center property could not be used for wells due to contamination from an oil spill.

Dick Gaffney was present and asked about the status of the water project in Keene Valley saying that he is interested in hooking his home just off the Beede Road to Town water.
Mr. Ferebee said the project is going to be looked at street by street in consideration of where the lines will be replaced.
Mr. Martin informed Mr. Gaffney that he is already in the Water District.

Resolution No. 208 – 06
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the Supervisor’s Monthly Statement for September as presented and file it 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. 209 – 06
Ms. Neville offered a resolution and moved its adoption. Be it resolved, that the following bills be accepted for payment, including those that were post paid. This resolution was seconded by Mr. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

(list on next page)

General Fund bills No. 568 – 602 $29,422.77
Highway Fund bills No. 173 – 183 6,943.95
Library Fund bills No. 85 - 88 357.44
Water District No. 1 No. 96 - 101 246.51
Water District No. 2 No. 91 - 98 1,516.34
CPF – Water District No. 2 No. 29 1,370.50

Resolution No. 210 – 06
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that 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: Yes

The meeting was adjourned at 8:28 PM.

Ellen S. Estes, Town Clerk
October 20, 2006

William B. Ferebee, Supervisor
Paul R. Martin, Councilperson
Robert M. Biesemeyer, Councilperson
Marcy A. Neville, Councilperson
Lawrence Jaques, Councilperson