Town Board Minutes
October 12, 2010

Minutes of the Town Board Meeting held Tuesday, October 12, 2010, 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: Nan Amstutz for Little Peaks, 3 residents, John Hudson, Code Enforcement Officer, Debra Whitson, Town Attorney and Ellen Estes, Town Clerk.

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

Resolution No. 191- 10
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board accepts the Notes from the Budget Workshops held September 14th and 23rd and the Minutes from the Town Board Meetings held September 15th and 28th, 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.
Tom Both was present on behalf of Marcy Post 1312 to check the status of the request for having a light installed to shine on the American Flag at the Veteran's Memorial Site. He said this flag pole is not a Legion pole, he said it was put there by the Town. He said this flag should be illuminated or may need to be taken down.
Mr. Ferebee said he checked into the cost of installing electricity and found that it would cost approximately $1100 for the parts and labor using the Town to actually install the pole. He said he reported this to the Board and was asked to investigate solar power, for which he was informed this site was not adequate. He said he was advised to put in electricity and monitor it for a year and then it may be possible to have a panel designed for solar energy to be stored part of the year and sold back when needed. He said it was up to Board what they wanted to do. He also said he has a meeting with Green Mt. Electric Supply on October 29th to discuss solar panels at the highway garage to supply the highway garage and transfer station.
Mr. Biesemeyer asked Mr. Both how anxious they were to get this done, indicating Memorial Day.
Mr. Both said they would probably remove the flag.
Mr. Ferebee informed the Board that the monthly charge would be $15, the same as one street light.
Ms. Neville indicated she would like to follow up on solar.
Mr. Jaques said he would like to see the Legion pay the monthly bill instead of the Town always being asked to give.
Mr. Both recited a list of organizations the Legions donates to. He again reminded the Board that this is a Town site saying that the Legion uses it for ceremonies.
Mr. Biesemeyer said he did not agree with Mr. Jaques.
Ms. Neville acknowledged that it will be the Town Cemetery and should have a flag.


Resolution No. 192 - 10
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town go ahead and have NYSEG install power to this site. This resolution was seconded by Mr. Biesemeyer.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Abstain

Beth Pelkey, who was also present for the previous issue, informed the Board that there was a Memorial Service being planned for Tara Plotino on Saturday which would involve the Memorial Site.
She also informed the Board that the Legion is planning to have 2 stones with plaques in by Spring.

Nan Amstutz was present on behalf of Little Peaks with a proposal for plantings at the Community Center. She asked the Board if it would be possible to spend some of the Ironman funds marked for youth on plantings around the Community Center yard. She said there is enough playground equipment available to the children at Little Peaks saying that they enjoy imaginative play with nature activities. She said that Flowering Meadows Nursery suggested a 4 season mix for birds, color and attractiveness. She said that due to the time of year, the Nursery is now offering their previous proposal at a 40% discount, she said they will also do the labor, composting and mulching for free, saying this whole proposal is now being offered for $769.
Ms. Neville asked if there is a warranty, Ms. Amstutz said yes, for 1 year. Ms. Neville said it sounded like a good deal.
Mr. Ferebee clarified that these funds are part of the $5000 Ironman donation for 2009 which was rolled over into this year's budget.

Resolution No. 193 - 10
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the proposal from Flowering Meadows Nursery for plantings at the Community Center, as aforesaid discussed, for the purchase price of $770. 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

A discussion followed about the Norway Maple near the road at the Community Center. Ms. Amstutz informed the Board that this tree has a disease. After discussing whether to remove it or not, Ms. Neville said this kind of disease does no harm and suggested it be left at this time.

Judy James was present to ask the Board to remove a handwritten note of condemnation which had been placed in her building permit file by Frank Slycord, the previous Code Enforcement Officer. She said the note was misleading and said that she lives in the original structure and that the new building is her workshop.
Mr. Ferebee asked Debra Whitson's advice as to any legality.
John Hudson, the current Code Enforcement Officer, said he had been hesitant about removing something from a file.
Mr. Ferebee asked if this was removed, what was next.
Mr. Biesemeyer suggested adding a letter to the file addressing this issue. He explained that the Town's concern should be liability saying if the permit was for
(continued)
a shed it has to stay in compliance as a shed which would not be in compliance as a structure to live in.
Ms. Whitson said it was her feeling that this “sticky note” has no legal importance.

Resolution No. 194 - 10
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the sticky note of condemnation be removed from Judy James' building code file. 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. Hudson said that he would have a witness present at the time this is shredded.

Mr. Hudson submitted a monthly report of activities for September to the Board.
He also supplied the Board with a copy of the current building fee schedule and the new fee schedule he was proposing.
He explained this new proposal contained the following 2 changes:
• The size on storage sheds not requiring a permit be lowered from 144 square feet to 140 square feet to be congruent with Local law #1, Section 4-1, A, 2, c; and
• The amount used in requiring stamped plans for structural alterations/additions be increased from $10,000 to $20,000 to keep moving forward in modern times.
Mr. Biesemeyer suggested that “any” structural alterations require stamped plans.
Ms. Neville and Mr. Hudson did not agree, with Mr. Hudson saying that would include someone replacing windows or doors.
Mr. Jaques agreed with Ms. Neville and Mr. Hudson saying that would be going too far.

Resolution No. 195 - 10
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board adopt Mr. Hudson's proposed fee schedule with the 2 changes discussed. 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

Next was a brief discussion regarding the private road name for the spur off Owls Head Way. Mr. Ferebee said he has not talked to Nick Pepe, yet, about Mr. Martin's suggestion. Any decision was tabled for now.

Mr. Ferebee informed the Board that he and Mr. Bassarab would be doing a walk thru of the Water District Project with Jim Duggan and Luck Bros. tomorrow. He invited any Board Members interested to join and said if anyone had any specific areas they wanted checked out to tell him.
There was a brief discussion regarding the road by Lynn Edmonds'. Mr. Ferebee said the gravel has been replaced.
Ms. Neville said she had been receiving compliments on the sidewalks and curbs.
Mr. Martin suggested that it be required by the Town to have property owners clear their adjoining sidewalks of leaves and have the Town clear next to the curb and the grates.
Mr. Jaques asked about his request for wages and hours of Town employees.
Mr. Ferebee told Mr. Jaques that there is an audit starting on Thursday and as soon as that is over he will get this information to him. He also told Mr. Jaques that he could come in anytime to look over the paperwork.
Mr. Jaques said he couldn't get in, he would like a report, saying that he didn't know how to complete the budget not knowing what to budget for.
Mr. Martin and Mr. Biesemeyer suggested making an appointment to come in and work with Mr. Ferebee and Mrs. Whitney on this. Ms. Neville agreed.

Resolution No. 196 - 10
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that at Jane Nigra's request, in writing, the water rent for her cabin in Keene Valley, which is uninhabitable, be rescinded. 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. 197 - 10
Ms. Neville offered a resolution and moved its adoption. Be it resolved, that the Town Board file the 2011 Preliminary Budget, as presented, 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

Mr. Ferebee informed the Board that he would be attending a “Solar Meeting” in North Hudson on October 29th, inviting any Board Members who wish to attend.

Mr. Ferebee asked the Board to give thought to what they would like to see done with the lever voting machines, saying that Janet Hall would like to see one saved for the archives.
Ms. Neville suggested scrapping them.

Resolution No. 198 - 10
The Town Board adopted Resolution No. 198 - 10, a Resolution Borrowing Funds. This resolution, in its entirety, is attached to and made a part of these minutes.

Resolution No. 199 - 10
The Town Board adopted Resolution No. 199 - 10, a Resolution Transferring Funds. This resolution, in its entirety, is attached to and made a part of these minutes.

Mr. Jaques asked why the transfers into hiker parking personal service and parks contractual were needed.
Mr. Ferebee said he would check and get back to him.

Resolution No. 200 - 10
Mr. Biesemeyer offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the Supervisor's Monthly Financial Statement for September and have it placed on file with the Town Clerk. 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. 201 - 10
Ms. Neville 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. 445 - 462 $8,378.33
Highway Fund bills No. 141 - 147 5,083.24
Library Fund bills No. 96 - 99 293.60
Water Dist. #1 bills No. 40 - 44 390.18
Water Dist. #2 bills No. 70 - 73 1,081.01

Resolution No. 202 - 10
Mr. Jaques 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. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

The meeting was adjourned at 8:04 PM.


Ellen S. Estes, Town Clerk
October 19, 2010

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

 

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