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1. Members Present
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Norman Teed - Supervisor
Doris Day - Councilwoman
John Dole - Councilman
James Mattoon - Councilman
Terry Featherly - Highway Superintendent
Linda Nieskes - Town Clerk
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Absent
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Carl Beechler - Councilman
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2. Public Attendance
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See listing in book.
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3. Call To Order
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Supervisor Teed called the Regular Meeting to order at 7:00 PM.
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4. Pledge Of Allegiance
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Councilman Dole led the meeting with the Pledge of Allegiance.
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5. Public Participation
INSURANCE
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Supervisor Teed introduced Richard VanHorne of Anderson VanHorne Insurance. Mr. VanHorne gave each of the Board Members a letter that detailed the information he was going to discuss. He said he had heard of fires occurring at Town Barns, and had asked Highway Superintendent Featherly to make a list of equipment that is stored at the Barns with their replacement value. He said the way our policy is now, we would only receive the depreciated amount on all of the equipment if it were lost in a fire. He said he had reviewed the list from Superintendent Featherly and developed a policy that would cover the replacement value of that equipment. He said the only equipment that would not be covered would be anything over 10 years old. He said the increase in the insurance would be $2,100 yearly. Supervisor Teed said the Town has no reserve fund to cover the purchase of all the highway equipment if it was lost. Mr. VanHorne said the new 2006 Ford 250 Pickup that is now listed in the Business Automobile Policy could be changed to the Inland Marine Policy with the rest of the equipment and the cost of the insurance would be $100.00 instead of the $236.00 we are now paying. Mr. VanHorne said their agency looks for the least expensive way to give the Town the best coverage. Supervisor Teed asked the Board of they wanted to make a decision tonight or review the information and decide at a later date. Councilwoman Day and Councilman Dole both said they wanted time to review the information.
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MELVIN HILL WATER DISTRICT
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Supervisor Teed introduced John and Kathy Duchesneau who asked to speak on the
Melvin Hill Water District. Mr. Duchesneau said it had been another month and they have heard nothing regarding the status of the water district. Supervisor Teed said the Board talked with our Town Attorney, Michael Roulan, and he said we have no recourse. Supervisor Teed said we have been flushing the line and started using seaquest and it has helped. Gert Donnelly said her water is still very cloudy and yellow. Mr. Duchesneau said he feels the Board has failed the Melvin Hill Water District residents. He feels the Town Board did not review the plans well
enough. He said it took several months just to get the Board to listen and understand what the residents were saying. Mr. Duchesneau said he thinks
it is time for the Board to look for a new attorney. He said the calculations were incorrect and the residents were misled right from the beginning. He said we need more that just a statement “we are working on it”. He said just get us clean water.
Supervisor Teed said we are doing the best we can, we are going on our attorney’s advice. He said we are not putting the residents off. He said we are not water experts; we went on what our engineer said. Both Marion Donnelly and Carol Wickum said their water is a little better.
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ZONING
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Supervisor Teed introduced Robert Oaks. Mr. Oaks said he wanted to talk about
Planning and Zoning. He said the Town Board has not provided the leadership to
those boards. He said the changes are not being made public.
Mr. Oaks said he is having problems with Paradise Speedway again. He said Saturday night they were racing until 12:15 AM. He said they were also in violation with their parking, because the cars were parked on both sides of the road. Mr. Oaks has hired a powerful attorney out of Auburn and he is looking into these problems. Councilwoman Day asked Mr. Oaks who he called on Saturday night. He said he didn’t call anyone. She said he had been told to call the Sheriff’s Office and file a complaint and then go to the Code Enforcement Officer on the next day. He said he gets no satisfaction when he calls the Sheriff’s Office. Zoning Officer Steve Studley said the police won’t do anything because there is no law to prevent parking on the roadsides. He showed Mr. Studley aerial pictures that he had taken of the race track.
Mr. Oaks said Sheppard Grain is no longer growing all the grain he is transporting. He said he is now buying the grain so he should no longer be considered agricultural.
Mr. Oaks said he also has a problem with Elam. Supervisor Teed asked Mr. Oaks to come into the Town Hall and address his problem with the Code Enforcement Officer.
Supervisor Teed asked Mr. Oaks to please come to the Town Hall and discuss these
issues with the Code Enforcement and Zoning Officers.
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RESTHAVEN CEMETARY
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Supervisor Teed introduced Mark Falkey, President of the Resthaven Cemetery Association. Mr. Falkey asked the Town Board if it would be possible to purchase
their gas through the Town. He said they probably only use 200 gallons per year.
He also asked if there would be any possibility of the Town mowing around the
vault area. He said the Cemetery Association would pay the Town for their work.
Councilman Dole said the Phelps Ambulance, Inc. purchases their gas from the Town. He said he sees no problem with the Town allowing the Cemetery Association to buy gas; however, the Town cannot go onto private property to mow. He said that would create legalities for the Town. Mr. Falkey said there is a new sexton starting today. He said Eric Bengtson would be the new sexton of the cemetery. Councilman Mattoon asked if the cemetery will keep expanding with more plots. Marion Donnelly said they have many, many plots left. Mark Falkey said they have only 25-30 burials a year. Supervisor Teed asked the Board for a Resolution.
Councilman Dole, offered the following Resolution. RESOLVED
that the Town Board authorize Resthaven Cemetery Association
to purchase fuel from the Town of Phelps and the Resthaven Cemetery Association will reimburse the Town for that fuel. All monies received
from the Cemetery Association for fuel will be put back into the Highway
Department’s line item. The Resolution was seconded by Councilwoman Day, who moved its adoption.
VOTE
| Member
| Vote
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| Councilman Mattoon |
AYE |
| Councilman Day |
AYE |
| Councilman Dole |
AYE |
| Councilman Beechler |
Absent |
| Supervisor Teed |
AYE |
RESOLUTION
| Adopted
| Defeated
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| 4 AYES |
0 NAYS |
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WATER INFORMATION
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Supervisor Teed introduced Kurt Owens. Mr. Owens asked Supervisor Teed if a
response was sent to the Department of Health regarding the Violation Letter we
received from them. Mr. Owens said he has fixed some of the problems but wondered if the Town was going to respond. He said there were violations but none of them were major. Mr. Owens went on to say that he had gotten his water license on his own, at his own expense. He said he had taken it upon himself to get most of the violations corrected, but 3 more need to be addressed. He said he had tried to get in touch with Supervisor Teed several times to review this report but could never connect with him. Supervisor Teed asked Mr. Owens if he really wanted to go into this at a Public Meeting. Mr. Owens said he just wanted to know who was going to answer the violation letter. Supervisor Teed told Mr. Owens that he had gone over the violation report with him and he thought that he was going to take care of answering the questions from the Health Department. Councilman Dole suggested that Mr. Owens talk with Carl Peake at the Village to discuss procedures that need to be done regarding violations. He said surely the Village has received violations from time to time. Councilman Dole said he felt that it was Mr. Owens’ job to do the reports; he is the one that has the license and is responsible for testing the water. He said he should be responsible for answering the violations. Mr. Owens said the letter was addressed to Supervisor Teed so he thought it was his responsibility to answer the report. Supervisor Teed said he knows nothing about the water systems, how would he be responsible for answering the violation
report. Supervisor Teed said Mr. Owens had asked to work overtime at home, two days before the report was due, to complete it for the submission to the Health Department so we thought you would also answer the violations. Supervisor Teed said he will request that the letters be addressed to Mr. Owens from now on. Councilwoman Day asked if Mr. Owens had ever received a letter like this before. Mr. Owens said he just took over the job in September so this is the first letter and it was sent to the owner, the Town, not to me. She also asked if all the reports have to be submitted every month. Mr. Owens said yes, he sends them to Cheryl Robbins at the NYS Health Department in Geneva. He said he does not know if they are sent on to Albany after that or not. Supervisor Teed said he needed to have everything that Mr. Owens has at his home brought into the Town Barns and put on the computer there. Mr. Owens said he does not have a file cabinet, no internet or no scanner at the Town Barns, that is why he is doing everything at home. He said he has no blue print file cabinet to keep the blue prints in; that is why they are locked in his locker at the Town Barns. Highway Superintendent Featherly said the internet has been hooked up to the computer every since they set it up on the desk for him. Mr. Owens said he set up a GPS system on his home computer to show where the curb stops etc are and did it on his own time. He said if the Town had to buy a system to do this it would cost $10,000.00. Supervisor Teed asked Mr. Owens if the information was in his computer at home. Mr. Owens said it was.
Supervisor Teed said it should not be there at your house. Mr. Owens said all that is on his computer at home is stuff he is working on, on his own time.
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6. APPROVAL OF APRIL 3, 2006 TOWN BOARD MEETING MINUTES:
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Councilman Mattoon, offered the following Resolution. RESOLVED that, the April 3, 2006 Regular Town Board Meeting Minutes be approved as written. The Resolution was seconded by Councilman Dole, who moved its adoption. 4 AYES. Motion carried.
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7. Resolutions
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A) Accept DSL Service for the Town (see attached).
B) Accept Draft Audit Report (see attached).
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8. Highway
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Superintendent Featherly gave his monthly report for April 2006 (see attached).
Superintendent Featherly said he had talked with Donna Smith and she would like
to do the Adopt-A-Highway Program on Melvin Hill Road. Superintendent
Featherly said they are insured through the program. The Board had no problem with the Adopt-A-Highway Program.
Superintendent Featherly said he would like to get the next truck that should go to auction painted and fixed up so it can be advertised in the Truck Trader Magazine instead of taking it to auction. He said the last one that was taken to auction brought only $7,000-$8,000. He said it was bought by a New Hampshire company and was sold by them for $23,000. He said other municipalities do it this way and they receive more money for their equipment. He said he would get 3 estimates for
the painting. He said he has 3 pieces of equipment to go to auction now, a 1998 Tractor, 1989 Ford 350 Dump Truck and the Dixie Chopper Lawn Mower. He
said he would like the Boards approval to take them to the May auction.
Councilwoman Day offered the following Resolution. RESOLVED that,
the Highway Superintendent be authorized to take the 3 pieces of equipment
to the May Auction in Palmyra. The Resolution was seconded by Councilman Mattoon, who moved its adoption. 4 AYES. Carried
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9. Zoning Report
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The Zoning Report for the month of April 2006 was available for the Town Board and is on file in the Town Clerk’s Office.
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10. Monthly Reports
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The Town Clerk’s April 2006 report was reviewed by the Board Members for their approval.
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11. Discussion With The Supervisor
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- Supervisor Teed asked the Board if the wished to approve the Replacement Value Insurance on the Highway Equipment tonight or wait until next month’s meeting. He said by waiting we can review the budget and discuss next month. Councilwoman Day said she would like to wait until next month to discuss.
- B) Supervisor Teed explained the billing we received from Equis regarding the
$100.00 yearly rental payment that has to be made to them. He said they contacted the Town a few years ago and offered us a permanent easement for $500.00. He said Equis said the person they talked to never got back to them. We have already paid them $3,500.00. He said they have now said they will look into allowing us the permanent easement again for $1.000.00. Supervisor Teed asked the Board of a Resolution.
Councilwoman Day offered the following Resolution. RESOLVED that,
if Equis offers the option to us, we pay no more than $1,000.00 to
make the rental of the sewer pipes that run under the railroad on Rt. 96
a permanent easement. The Resolution was seconded by Councilman
Dole, who moved its adoption. 4 AYES. Motion carried
- Supervisor Teed said we received the bids back for the Mowing Contract and they were all over the budgeted amount. He said we cannot award the bid at this time.
- Councilwoman Day asked that a letter be sent to the Phelps American Legion thanking them for the use of their meeting room until the new Town Court was available. She said we sincerely appreciate their generosity.
- Councilwoman Day said she would like to know where the Comprehensive Plan stands. She said that the last thing she knew, the Village and the Town each had to hold a Public Hearing. She said we need to get with the Village to discuss this. Supervisor Teed said that will be looked into.
- Supervisor Teed said he would like to have one more joint meeting of the Planning, Zoning and Town Boards to discuss the status of the Home Occupation Law. He would like to have the meeting on Monday, May 22, 2006.
Donald Springer, Chairman of the Planning Board said he thought the
Attorney was going to advise us as to what has to be done. Supervisor Teed
said he thinks it would be good for the Boards to meet one more time.
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12. Open Forum
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Supervisor Teed asked if anyone wished to address the Board.
JOHN DUCHESNEAU, MELVIN HILL ROAD, PHELPS: Mr. Duchesneau said
regarding the replacement value insurance on the Town Highway equipment, he
said it is one of those things you hate to do, but it is necessary. He said the Board
should look at the biggest value equipment and insure those but not insure things
that are not stored within the barns.
Mr. Duchesneau asked if an official position has been established for a Water Superintendent. Supervisor Teed said we are presently looking into that. Mr. Duchesneau said Kurt Owens is trying to get things done the right way.
KURT OWENS, S. WAYNE STREET, PHELPS: Mr. Owens told the Board if they have any questions regarding the water districts, please give him a call.
ROBERT OAKS, CARTER ROAD, GENEVA: Mr. Oaks asked if there was a Public Hearing held regarding the Comprehensive Plan. Planning Board Chairman,
Don Springer said one was held last September.
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13. Next Town Board Meeting
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The next Town Board Meeting will be held Monday, June 5, 2006, at the new Phelps Town Court, 1331 Rt. 88, Phelps at 7:00 PM.
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14. Bills
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Councilman Mattoon offered the following Resolution. RESOLVED that the following bills:
- PREPAID GENERAL “A” - #91 - #102 IN THE AMOUNT OF $32,019.30,
- GENERAL “A” - #103 - #124 IN THE AMOUNT OF $7,498.35,
- PREPAID GENERAL “B” - #22 IN THE AMOUNT OF $20.24,
- GENERAL “B” #23 - #27 IN THE AMOUNT OF $390.57,
- HIGHWAY “DB” - #70 - #85 IN THE AMOUNT OF $2,943.65,
- PREPAID SEWER - #9 IN THE AMOUNT OF $17.77,
- WHITE RD. WATER DISTRICT - #5 IN THE AMOUNT OF $30.00,
- PREPAID RT. 96/488 WATER DISTRICT - #25 IN THE AMOUNT OF $13.65,
- RT. 96/488 WATER DISTRICT - #26 - #29 IN THE AMOUNT OF $580.04,
- PREPAID ORLEANS WATER DISTRICT - #32 - #33 IN THE AMOUNT OF $1,115.51,
- ORLEANS WATER DISTRICT - #34 - #37 IN THE AMOUNT OF $476.03,
- PREPAID SPAFFORD RD. WATER DISTRICT - #25 - #26 IN THE AMOUNT OF $302.62,
- SPAFFORD ROAD WATER DISTRICT - #27 - #30 IN THE AMOUNT OF $134.00,
- PREPAID MELVIN HILL WATER DISTRICT - #8 IN THE AMOUNT OF $9.36
be paid. The Resolution was seconded by Councilman Dole, who moved its adoption. 4 AYES. Motion carried.
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15. EXECUTIVE SESSION
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Supervisor Teed moved to go into Executive Session at 8:45 PM with the Town Clerk in attendance to discuss a contractual matter. Councilman John Dole seconded the motion. 4 AYES. Carried.
Councilwoman Day moved to come out of Executive Session at 9:15 PM. Councilman Mattoon seconded the motion. 4 AYES. Carried.
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REGULAR SESSION
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Councilwoman Day moved to go back into Regular Session at 9:15 PM. Councilman Dole seconded the motion. 4 AYES. Carried.
Supervisor Teed said he would like a motion to increase the part-time summer
Highway employee’s pay from $9.15 to $10.00.
Councilman Mattoon offered the following Resolution. RESOLVED
that the pay for the part-time summer Highway employee be increased
from $9.15 to $10.00 starting the Spring of 2006. The Resolution was seconded by Councilman Dole, who moved its adoption. 4 AYES. Motion carried.
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EXECUTIVE SESSION
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Councilwoman Day moved to go back into Executive Session with the Town Clerk, Highway Superintendent and Mr. Rick Larsen in attendance to discuss a personnel matter at 9:17 PM. Councilman Mattoon seconded the motion. 4 AYES. Carried.
Councilman Day moved to come out of Executive Session at 10:33 PM. Councilman Mattoon seconded the motion. 4 AYES. Carried.
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REGULAR SESSION
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Councilman Dole moved to go back into Regular Session at 10:34 PM. Councilwoman Day seconded the motion. 4 AYES. Carried.
Councilwoman Day offered the following Resolution. RESOLVED that, Mr. Richard Larsen of Geneva, NY be hired by the Town of Phelps as Water Consultant for the Water Districts as of May 1, 2006, at a salary of $25.00 per hour. The Resolution was seconded by Councilman Mattoon, who moved its adoption. 4 AYES. Motion carried.
Councilman Dole offered the following Resolution. RESOLVED that, the Town of
Phelps create a full-time position of Water/Sewer Maintenance Assistant at a salary not to exceed $15.00 per hour and instruct the Town Clerk to place an ad for the position in the Finger Lakes Times. The Resolution was seconded by Councilwoman Day, who moved its adoption. 4 AYES. Carried.
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16. Adjournment
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Councilwoman Day offered the following Resolution. RESOLVED that, the
Town Board Meeting be adjourned. The Resolution was seconded by Councilman Mattoon, who moved its adoption. 4 AYES. Motion carried.
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17. Time
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10:45 PM
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