Town Board Minutes
December 8, 2009

Minutes of the Town Board Meeting held Tuesday, December 8, 2009 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 (arrived at 7:06 PM) and Lawrence Jaques, Members of Council.  Absent:  Marcy A. Neville, Member of Council.  Also present:  7 residents, Debra Whitson, Town Attorney, Bruce Reed, Highway Superintendent and Ellen Estes, Town Clerk.

The Chairman, Mr. Ferebee, called the meeting to order at 6:59 PM and invited everyone present to join in the Pledge of Allegiance.

Resolution No. 205 – 09

Mr. Jaques offered a resolution and moved its adoption.  Be it resolved, that the Minutes of the Public Hearing held November 4th, the Minutes of the Town Board Meeting held November 10th and the Minutes of the Special Town Board Meeting held November 17th, all be accepted as presented.  This resolution was seconded by Mr. Martin.

Roll Call Vote:

Mr. Ferebee:              Yes

Mr. Martin:                 Yes

Mr. Biesemeyer:       Absent at this time

Ms. Neville:               Absent

Mr. Jaques:               Yes

Privilege of the floor was offered.

Jean Clifford said she had nothing for Golden Peaks.

Kirk Bassarab gave an update on the Water Dist. #2 project.

He said there are 10 more services to be put in on Beede Lane and a few hundred feet of line to go in on Mason Young Lane.

He said that work is planned to continue until Christmas and that things will be pretty well wrapped up.  He said next year will be restoration, sidewalks and paving.

He said there is no savings in water yet since no mains are off saying that the old main will be shut off the week of Christmas.

He said the storage tank is complete and currently being filled.  He said then it will be cleaned and treated for bacteria saying it will probably not be put into service this year.

He said the project would be in real good shape by Christmas and that construction will start again April 15th.

Louise Gregg said she would like to compliment the companies saying everyone has been accommodating to work with.

Mr. Ferebee said he had received a two part request from David Ball.

He said that Rivermede had planned a fireworks display on Halloween that had been rained out and that Mr. Ball has requested that permission be given for this display to occur on Marcy Field on New Years Eve.

He said the other request was whether the Town could contribute $2,000 saying that this could turn it into a sizeable display.

Mr. Ferebee suggested a quick donation campaign.

Mr. Martin suggested using some money remaining from the Bi-Centennial merchandise sales saying that he is in favor of this and thinks the people would be to.

Mr. Jaques said he is not in favor of using Town money, but said he’s okay with donated funds.  He was also concerned with the expense that would be incurred for the Highway Department clearing snow.

Mr. Biesemeyer said he likes the idea and said he believes it’s a Town event and that the last one was a huge success.

Mr. Ferebee said this would need to be decided soon to make plans.

Resolution No. 206 – 09

Mr. Martin offered a resolution and moved its adoption.  Be it resolved, that the Town Board give permission for a fireworks display to be held on Marcy Field on New Years Eve and that a quick campaign for donations be held with the Town supplying the difference of the $2,000 goal.  This resolution was seconded by Mr. Ferebee.

Roll Call Vote:

Mr. Ferebee:              Yes

Mr. Martin:                 Yes

Mr. Biesemeyer:       Yes

Ms. Neville:               Absent

Mr. Jaques:               Yes

The next discussion was in regards to the parking lot issue in Keene Valley.

Mr. Ferebee explained that following the last discussion and action taken to remove the barricade for the winter, he sent a letter explaining this to John DeZalia.  He said that at this point, Mr. DeZalia asked to be put on tonight’s agenda.

Mr. DeZalia read a statement he had prepared stating he felt there were questions that had not been asked as to whether the trailer could be backed into the lot, whether this is the only place to unload the trailer, where it was unloaded before the lot existed saying he felt this was a ploy to open up the connection between the lots.  (This statement has been attached to and made a part of these minutes).   

Mr. Ferebee said he had talked to Tom Both and it was his recollection, with the proposed plan at that time for a new post office, to use the connector for ingress and egress.

Mr. Martin said even in the early 80s he was in favor of a parking lot saying 20 years later the Community Trust became interested.  He said to him it has always been a matter of safety.  He said over time there have been many changes made to accommodate people, he said originally one big lot was wanted and Mr. Hall had vetoed that, he said at one time no overnight parking was allowed and when a neighbor wanted to park there overnight that was changed, he said when the dust issue arose a barricade was put up and that now with no dust, the request has been made by Mr. Reed to open it for a safety situation.

Mr. DeZalia said dust was not the only issue addressed in his original letter and said that he doesn’t see the safety issue.

Mr. Martin said he was a former user of this connector as a safety issue preventing backing into Main Street.  He asked what the other reason was.

Mr. DeZalia said that in the meeting with adjoining landowners, prior to the parking lot, Mike Whitney and Hilda Senecal were adamant this project would not turn into a through fare.

Mr. Ferebee read a letter, dated Dec. 2nd, submitted by Dick Hall asking for an apology  to comments made during a discussion held at the October 27th Town Board Meeting.  (This letter has been attached to and made a part of these minutes).

Mr. Jaques read the statement he had prepared in response to Mr. Hall’s letter stating that his comment made during that meeting was not reported to him correctly.  (This statement has been attached to and made a part of these minutes).

Mr. Martin clarified that during the October 27th meeting when names were mentioned, he said “that is enough of that”.

Mr. Reed said he told his wife about the conversation of that meeting but said that Mr. Hall heard it on the street.  He also said it was his understanding that Mr. Hall was not originally interested in participating with the parking lot because plans involved giving up the parking in front of the store.

Mr. Jaques said he was saying that Mr. Hall had not worked with the Town on the parking lot.

Mr. Biesemeyer said he felt like he was in the middle of a personal argument.  He said these problems should be settled between the individuals and not in a public forum.  He said he was originally against this parking lot saying he never wanted to see Town money spent, though it has turned out to be an overall benefit to the Town.  He said he thinks a temporary barricade is okay and that he doesn’t see a problem opening it on occasion.  He said he hadn’t really thought about this being Hilda Senecal’s driveway and said he has never heard any complaints from her.

Mr. DeZalia asked if that would make a difference, Mr. Biesemeyer said it may though he doesn’t remember an ironclad agreement, he did say the former parking situation was a problem.

Mr. Ferebee said it was difficult for the Board to decide what to do without knowing what the original agreement was.

Margaret LaRose asked if someone could define “thorough fare”.

Ms. Whitson said to her it means a point of entry and exit, traffic going back and forth.

Mr. DeZalia said that is happening with more than just store employees and family.

Mr. Biesemeyer said maybe it should be monitored.

Mr. Martin said he thought it was safer to go in one way and out the other.

A discussion followed regarding Mr. Hall having a right-of-way on Mrs. Senecal’s driveway.

Mr. DeZalia asked Mr. Reed if they could back the trailer into the lot.

Mr. Reed responded with a yes.

Ms. Whitson suggested signage would deter traffic, Mr. Biesemeyer agreed.

Mr. Jaques said if it was barricaded there wouldn’t need to be a sign.

Mr. Biesemeyer said he likes for safety that the barricade can be moved for trucks.

Mr. Martin again said signage could be worked on.

Mr. Ferebee closed the discussion saying the Board would discuss the options.

Mr. Ferebee said a letter has been received from the Keene Valley Hardware explaining the theft of transfer station money which occurred there.  This letter will be filed and a copy has been attached to the paperwork showing the sales at that time.   Mr. Ferebee explained that both the Town’s insurance and the Hardware’s have a $500 deductible so they did not come in to play.

Ms. Whitson asked Mr. Ferebee if he had passed along the final proposed Local Law regarding the Old Mountain Road to the Town Board Members at least 7 days ago.

Mr. Ferebee said he had.

She said all that was left was for the Town Board to adopt it and file it with the Secretary of State.

Resolution No. 207 – 09

Mr. Jaques offered a resolution and moved its adoption.  Be it resolved, that the Town Board adopt Local Law #1 of 2009, A Local Law Establishing the Old Mountain Road (a.k.a. “The JackRabbit Trail”) as a Public Recreational Trail.  This Local Law, in its entirety, is attached to and made a part of these minutes.  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. Ferebee said that Lauren Stack, the Sole Assessor, was going to try to be here tonight depending on road conditions, he said it looked like she was not going to make it.

He said in case this happened she had sent him an end of the year update to share with the Board, which he did.  He said that she had also told him that if she did not make it tonight, she would come to the next meeting on Dec. 29th.

Mr. Ferebee shared with those present the information included saying there would be NO town wide assessment increase this year.

Mr. Ferebee informed the Board that the 2010 Organizational Town Board Meeting would be held on Tuesday, January 5th and the Annual Audit of Employees and Officers will be held on January 19th, followed by the Bi-monthly Town Board Meeting for January.

Mr. Reed informed the Board that the Highway Department would be short handed over the next couple of months due to men going out for surgery and one retirement.

There was a brief discussion regarding today’s snow and road conditions.  This lead to a discussion regarding hiring, Mr. Biesemeyer suggested looking at the private sector, Mr. Reed said he has a young guy with a CDL who needs to get some experience then may be an option.

Mr. Ferebee informed the Board that Lance LeClair, the Town’s Public Works Employee, had signed up for the National Guard and would be leaving for 14 weeks of basic training on March 24th.  He said he is looking for someone to help fill in.

Resolution No. 208 – 09

Mr. Jaques offered a resolution and moved its adoption.  Be it resolved, that the Town Board accept the Monthly Statement of the Supervisor for November as presented and place it on file 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:               Absent

Mr. Jaques:               Yes

Resolution No. 209 – 09

The Town Board adopted Resolution No. 209 – 09, a Resolution Transferring Funds.  This resolution, in its entirety, is attached to and made a part of these minutes.

Resolution No. 210 – 09

Mr. Jaques offered a resolution and moved its adoption.  Be it resolved, that the following bills were 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. G527 – G568     $     53,091.24

Highway Fund bills             No. H172 – H183              9,753.92

Library Fund bills                 No. L110 – L115                   217.02

Water Dist. #1 bills               No. K50 – K54                      924.77

Water Dist. #2 bills               No. KV62 – KV67            17,635.74

CPF – Water Dist. #2           No. 34 – 46                  1,056,011.31

CPF – Rivermede Proj.       No.   1 &  2                      148,005.54

CPF – Holt House Proj.      No.   7 &  8                          1,558.88

CPF – Comm. Dev/HUD    No.   2                                  2,739.00

Resolution No. 211 – 09

Mr. Biesemeyer 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. Jaques. 

Roll Call Vote:

Mr. Ferebee:              Yes

Mr. Martin:                 Yes

Mr. Biesemeyer:       Yes

Ms. Neville:               Absent

Mr. Jaques:               Yes

The meeting was adjourned at 8:14 PM.

                                                                                    Ellen S. Estes, Town Clerk

                                                                                    December 14, 2009

William B. Ferebee, Supervisor

Paul R. Martin, Councilperson

Robert M. Biesemeyer, Councilperson

Marcy A. Neville, Councilperson

Lawrence Jaques, Councilperson

Resolution No. 55 – 08
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the application, grant permission and waive the fee (due to the fact the money raised will be donated to Little Peaks) for the Highway Permit requested by Keene Fitness for a run/walk event to be held between Keene and Marcy Field using Hulls Falls Road as the access, to be held in late May or mid June. 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. 56 – 08
Mr. Martin offered a resolution and moved its adoption. Be it resolved, that the Town Board enter into Executive Session to discuss an employee’s Health Insurance request and a possible legal issue. 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

The Board entered Executive Session at 7:22 PM.

Resolution No. 57 – 08
Mr. Ferebee offered a resolution and moved its adoption. Be it resolved, that the Town Board re-convene into regular session. 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

The Town Board re-convened into regular session at 7:34 PM.

Bill Reed, who came into the meeting late, asked the Board how the Sole Assessor schedule was coming.
Mr. Ferebee explained that the Town Attorney was drafting a Local Law and that the position was going to be re-advertised for applicants. He also explained that the 3 applications already received will be kept on file.

Ms. Neville asked how the Out of District User agreement for Water District #1 was coming.
Mr. Ferebee said there are 6 out of district water users. He said the previous Town Attorney was supposed to draft an agreement and that one has now been drafted.
He said he had talked to the State Comptroller’s office and was told that the process for collecting a payment for their share of the debt from out of district users was to have them sign a contract stating their rate which would be computed by using their total assessment minus their land value leaving only the improvements.

Resolution No. 58 – 08
The Town Board adopted Resolution No. 58 – 08, a Resolution Transferring Funds. This resolution, in its entirety, is attached to and made a part of these minutes.

Resolution No. 59 – 08
Mr. Jaques offered a resolution and moved its adoption. Be it resolved, that the Town Board accept the Supervisor’s Report for December, as presented, and place it on file 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

Resolution No. 60 – 08
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. Jaques.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

General Fund bills No. 761 – 779 $ 8,997.01
and No. 1 - 21 31,399.67
Highway Fund bills No. 254 – 259 4,954.32
and No. 1 - 3 8,126.94
Library Fund bills No. 127 37.71
and No. 1 - 2 238.94
Water District #1 bills No. 1 - 4 646.41
Water District #2 bills No. 131 – 132 71.54
and No. 1 18,600.00

Resolution No. 61 – 08
Mr. Biesemeyer 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. Martin.
Roll Call Vote:
Mr. Ferebee: Yes
Mr. Martin: Yes
Mr. Biesemeyer: Yes
Ms. Neville: Yes
Mr. Jaques: Yes

The meeting was adjourned at 7:42 PM.

Ellen S. Estes, Town Clerk
January 11, 2008

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

 

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