June 9, 2009

 

Minutes of the Town Board Meeting held Tuesday, June 9, 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, Marcy A. Neville and Lawrence Jaques, Members of Council.  Also present were:  14 residents, 1 member of the press, Debra Whitson, Town Attorney and Ellen Estes, Town Clerk.

 

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

 

Resolution No. 129 – 09

Mr. Biesemeyer offered a resolution and moved its adoption.  Be it resolved, that the Town Board accept the Minutes of the Special Meeting held Tuesday, May 12, 2009, the Minutes of the Special Town Board Meeting held Thursday, May 21, 2009, the notes from the Bid Opening held Tuesday, May 26, 2009 and the Minutes of the Bi-monthly Meeting held Tuesday, May 26, 2009, as presented and amend and accept the Minutes of the Town Board Meeting held Tuesday, May 12, 2009, as follows:  Strike the sentence ”He said all he was asking for was to be treated fairly, he was not asking for a stamped certificate, he was asking that the Town of Keene share a Building Code Officer with Jay or Wilmington instead of with Elizabethtown,” and insert in its place “He said all he was asking for was to be treated fairly.  He said he knew this position is a state certified post, and that he was asking the Board not to rubber stamp this issue, saying we already have a Codes Officer and asking “Do we want to pay to train another?”  He asked the Board to look into the possibility of a temporary shared officer with Jay or Wilmington, instead of the one we share with Elizabethtown.”  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

 

Privilege of the floor was offered.

Jean Clifford said she didn’t have anything for Golden Peaks.

 

Peg LaRose was present to express her concern regarding the barricade between the Valley Grocery parking lot and the municipal lot.  She said as a concerned citizen she was flabbergasted to see this barrier.  She said she felt that traffic going in and out between the store and the post office was a huge safety problem with the elderly and children going between these businesses.  She said she wanted to be on record expressing her concern since she felt this was an accident waiting to happen.  She said she would like to ask the Board to reconsider this decision.

Mr. Ferebee thanked Peg for her concern.

 

Mr. Ferebee gave a brief update regarding Water Dist. No. 2 for those not present earlier during the Public Hearing.

He informed those present that the Town of Keene, for the Water District No. 2 Improvement Project, had received a stimulus grant of $3 million and a $100,000 loan with interest from the USDA.

He said this was the first money granted in Essex County, he said there were a lot of players involved in making this happen.  He said there has since been 5 other grants awarded in Essex Co.

 

Resolution No. 130 – 09

Mr. Biesemeyer offered a resolution and moved its adoption.  This resolution, Resolution No. 130 – 09, A Public Interest Order, is attached to and made a part of these minutes.  This resolution was seconded by Mr. Jaques.

 

Resolution No. 131 – 09

The Town Board adopted Resolution No. 131 – 09, A Bond Resolution.  This resolution, in its entirety, is attached to and made a part of these minutes.

 

Resolution No. 132 – 09

Mr. Jaques offered a resolution and moved its adoption.  Be it resolved, that authorization be given to the Present & Past Masters and Wardens Association (Mason’s) to use Marcy Field for their Annual Craft Fair on Saturday, July 18th and Sunday, July 19th.  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. 133 – 09

Mr. Biesemeyer offered a resolution and moved its adoption.  Be it resolved, that the Town Board offer their support to the Adirondack Medical Center for a new Mobile Dental Clinic service they will be providing to include the Town of Keene.  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. 134 – 09

Mr. Jaques offered a resolution and moved its adoption.  Be it resolved, that the road name for what is currently Fisk Way be changed to Warren Way and the spur off Warren Way leading to the Fisk/Coe, Carlson/Fisk and Gorry residences be named Fisk Way.  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. 135 – 09

Mr. Martin offered a resolution and moved its adoption.  Be it resolved, that as in the past, the Bi-Monthly Town Board Meetings held the last Tuesday in July and August be cancelled.  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. 136 – 09

Mr. Jaques offered a resolution and moved its adoption.  Be it resolved, that at the recommendation of the Supervisor, Susan Whitney be appointed to the position of Clerk to the Supervisor.  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 gave a brief update on the Rivermede Project saying that the Town of Keene had received the 90%, $85,000 check from DEC, which will be forwarded to the Army Corp. of Engineers, along with the other 10% from the Town, which will be reimbursed to the Town upon completion of the project.  He said the project will move forward next spring.

 

Jay Haus said though he really doesn’t know all of what is going on with Frank Slycord, he would like to show his support for Frank.

 

Mr. Ferebee gave a brief update on the cell tower progress for Keene. 

He said that Verizon had opened bids today for the construction and that upon award, it is his understanding that construction should begin in about 2 weeks.

 

The next discussion involved the Old Mountain Road.

Mr. Ferebee began this discussion by saying that no decision would be made here tonight since the Board has not discussed it yet.

Ms. Whitson explained that a few years ago, the Board had tried to abandon that road, but the paperwork had not been followed through.

She said according to Judge Hallaran’s decision it looks as though the road was created by the State, by law, in the 1800s.  She explained that her initial conclusion was that when a road is established this way there is not a way for the Town Board to abandon it.

Tom Both, the former Supervisor, explained that in 2005, the Town Board was put on notice and adopted the resolution to abandon this road for non-maintenance that Ms. Whitson spoke about.  He said by not doing so the Town could have been held accountable in the event of damage.

Ms. Whitson said through highway law 212, it is the State who has the authority to abandon it.

Mr. Biesemeyer, in listening to Ms. Whitson’s explanation, concluded that she was not familiar with the more recent decision finding that this road belongs to the Towns of Keene and North Elba.

Mr. Ferebee said he had just received this decision and has not had the chance to distribute copies yet.

Mr. Both said he has read this recent decision and that the Judge had reserved the right to close this road under highway law 212, but didn’t think he was going to do that.

Ms. Whitson said the question is how it became a road.

Tony Goodwin explained the history saying that the State had built it and turned it over to the Town and said that the Town has the authority to abandon it.

Ms. Whitson said she would like to read this new decision to determine the facts.

Mr. Ferebee said he would make and supply copies of the decision to Debra and the Board.

 

With all discussion finished, everyone left the meeting at this time.

 

Resolution No. 137 – 09

Mr. Biesemeyer offered a resolution and moved its adoption.  Be it resolved, that the Town Board accept the Supervisor’s Financial Statement for May as presented and place it on file with the Town Clerk.  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. 138 – 09

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. Ferebee.

Roll Call Vote:

Mr. Ferebee:              Yes

Mr. Martin:                 Yes

Mr. Biesemeyer:       Yes

Ms. Neville:               Yes

Mr. Jaques:               Yes

 

General Fund bills                           No. G236 – 269        $11,200.52

Highway Fund bills                         No. H80 – H94            21,460.52

Library Fund bills                             No. L54 – L56               1,833.79

Water Dist. #1 bills                           No. K25 – K28                 244.61

Water Dist. #2 bills                           No. KV29 – KV34            910.61

 

Resolution No. 139 – 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 Ms. Neville.

Roll Call Vote:

Mr. Ferebee:              Yes

Mr. Martin:                 Yes

Mr. Biesemeyer:       Yes

Ms. Neville:               Yes

Mr. Jaques:               Yes

 

The meeting was adjourned at 8:03 PM.

 

 

 

                                                                                    Ellen S. Estes, Town Clerk

                                                                                    June 12, 2009

 

William B. Ferebee, Supervisor

Paul R. Martin, Councilperson

Robert M. Biesemeyer, Councilperson

Marcy A. Neville, Councilperson

Lawrence Jaques, Councilperson