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1. Members Present
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Norman Teed - Supervisor
Carl Beechler - Councilman
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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None
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2. Public Attendance
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See listing in minutes 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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Supervisor Teed led the meeting with the Pledge of Allegiance.
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5. Public Participation
ZONING
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Supervisor Teed said Code Enforcement Officer Ed Clark and Fire and Building
Inspector Steve Studley were here to talk about the New Administration of Building Codes NYC RR Part 1203 that will go into effect in January 2007. Mr. Clark said
they are asking the Board to review the new codes so it can be in place by January
2007. Councilwoman Day asked if these codes are state required. Mr. Clark said
they are. He said it is an updated version with some new requirements and it will
be required for all Towns and Villages. Councilman Beechler said the Town should
also look at the fees they are now charging. Mr. Clark said there will be tighter laws
regarding businesses with elevators, lifts and those using hazardous materials, such as
pesticides. Councilman Beechler said we cannot change any of those codes but we
can add to them. Mr. Clark said yes you can.
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MELVIN HILL WATER DISTRICT
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Supervisor Teed said Mr. & Mrs. Duchesneau were here to talk about the Melvin
Hill Water District. Mr. Duchesneau said at last month’s meeting, the residents were
told the Town Attorney had said the Town has no recourse as far as the amounts
charged on our tax bills. Mr. Duchesneau said he does not agree with that statement.
He said this has not been resolved in the eyes of the Melvin Hill Water District residents.
He stated he wanted to remain on the agenda each month until we have some kind of
answers. He went on to say there have been some serious improprieties over the last
4 years. He said at the May 1, 2006 Board Meeting the Board Members went into Executive Session to discuss a contractual matter and took Mr. Rick Larsen with them.
He demanded to know what the Executive Session was about. Supervisor Teed said
we cannot discuss what goes on in Executive Session. Mr. Duchesneau said after the
Executive Session you appointed Mr. Larsen to a position with the Town at a rate
of $25.00 per hour. He said this was not a budgeted position and he wanted to know
where the money to pay Mr. Larsen was coming from. Supervisor Teed told him it
is divided equally among the water districts. Mr. Duchesneau asked why he was not
considered for the job. Supervisor Teed told him that he did not believe he was qualified.
Mr. Duchesneau kept asking Supervisor Teed how he knew he was not qualified to
do the job. Supervisor Teed asked Mr. Duchesneau to sit down. Mr. Duchesneau said he was on the agenda under Public Participation so he could talk. Supervisor Teed asked him to get to the point. Mr. Duchesneau said Mr. Larsen is a close friend of yours, isn’t he Mr. Teed? Supervisor Teed said he had known Mr. Larsen for several years through the Geneva Water Department. Superintendent Featherly said is it better to pay Mr. Owens $28.00 (including benefits) an hour and have it come out of the Highway or pay Rick Larsen a flat $25.00 and have it come out of the right water accounts. Mr. Duchesneau said this has nothing to do with money. Supervisor Teed said we are doing our best to get the problems in the Melvin Hill Water District cleared up. He asked Mr. Duchesneau if his water was better? Mr. Duchesneau said his water was never that bad. Supervisor Teed said there are others in the district that are having serious problems and we are trying our best to get things fixed.
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ST. FRANCIS CEMETARY
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Supervisor Teed said Mr. Paul Bree from St. Francis Cemetery had asked to address the
Town Board. Mr. Bree said St. Francis Cemetery is 11 acres off Clifton Street in the Village. He said he understood that the Board had granted Resthaven Cemetery permission to purchase fuel from the Town. He said he is seeking the same privilege
for St. Francis Cemetery. Councilwoman Day asked Mr. Bree if they have a budget.
Mr. Bree said they have a budget and a small income from the sale of graves and from opening and closing of the graves. Councilwoman Day asked how many gallons of fuel are used during the year. Mr. Bree said about 20 gallons a month, for about 100 gallons per year. Councilman Dole said the pump has only so many keys and it would be difficult to keep track of the gallons used. He asked Mr. Bree if they have a Federal Tax ID number. Mr. Bree said he does not believe they have a Federal Tax ID number. Councilman Dole asked if they filed forms for a Federal ID number. Mr. Bree said he would have to check on that. Councilman Beechler asked how the record is kept.
Superintendent Featherly said each person using the gas pump has a key. Councilwoman
Day asked Mr. Bree how he gets his fuel now. Mr. Bree said he buys it himself and then
is reimbursed by the Cemetery Association. Superintendent Featherly said he is concerned about the liability if someone were to get hurt. Councilwoman Day said we need to look into this and discuss it. She told Mr. Bree someone would get back to him.
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TOWNWIDE WATER DISTRICT
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Supervisor Teed said Jason McCormick of McCormick Engineering was here tonight to talk about a Townwide Water District (see attached outline). Mr. McCormick said there are remaining portions of the Town that are not in a district. He said it would be much cheaper to go with a Townwide District than to continue to do it one district at a time. He said it minimizes the books that have to be kept. He said the Town of Waterloo wants to expand its waterlines. He said he is the Town Engineer for the Town of Junius. Mr. McCormick said they want to bring the water down Rt. 318 to Rt. 14 in Phelps. He said the talks started with Past Supervisor Carmen Orlando. Supervisor Teed agreed a Town- wide District would be cheaper than doing 1 district at a time. Mr. McCormick said this would be very beneficial to think about. He said if you want to see growth on Rt. 14, this is the way to do it. He said Towns and Villages are screaming for water. Supervisor Teed asked what we would need to do to go forward with this. Mr. McCormick said you would need a motion to create a new district, minus any existing districts and a motion to do lead agency. Councilwoman Day said this is the way we should have gone years ago.
Mr. McCormick said it is not unusual for a Town to do 4 to 5 districts before they decide to go with a Townwide district. Councilwoman Day said we presently have an engineering firm. Supervisor Teed said he talked with MRB regarding a Townwide District and they quoted him a fee of $5,000 to $5,500, plus legal fees. Supervisor Teed asked when the Junius District would be done. Mr. McCormick said they are leaning toward fall. Supervisor Teed asked Mr. McCormick if we could afford to wait 30 days and make a decision at our July Board Meeting. Mr. McCormick said that would be fine. He thanked the Board and asked them to please call him with any questions they might have.
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6. APPROVE MINUTES OF MAY 1 2006, MAY 5 2006, AND MAY 22 2006:
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Councilman Mattoon, offered the following Resolution. RESOLVED that, the
Regular Town Board Meeting Minutes, the May 5, 2006 Emergency
Town Board Meeting Minutes and the May 22, 2006 Special Town Board, Planning,
Board and Zoning Board Meeting Minutes be approved as written. The Resolution was
seconded by Councilman Dole, who moved its adoption. 5 AYES. Motion carried.
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EXECUTIVE SESSION
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Supervisor Teed moved that the Board go into Executive Session at 8:00 PM. Councilman Beechler seconded the motion. 5 AYES. Motion carried.
Councilman Mattoon moved to come out of Executive Session at 8:50 PM.
Councilwoman Day seconded the motion. 5 AYES. Motion carried.
Supervisor Teed called the meeting back to order at 8:50 PM.
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7. Resolutions
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A) Accept Mowing Bid (see attached).
B) Appointment to the Water Maintenance Assistant’s Position (see attached).
C) Transfer monies for 2006-2007 Town of Phelps Insurance Payment to Anderson-VanHorne (see attached).
D) Transfer monies for Water Research (see attached).
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8. Highway
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Highway Superintendent Featherly gave his report for the month of May 2006.
(see attached).
Superintendent Featherly said the cost of road striping has increased terribly. He said
that is paid out of Traffic Control and there is not enough in the budget to allow for all
the roads that need to be done. Supervisor Teed said to try to make a priority list of the
ones that are faded the most. He said the budget is way short and the striping has gone
up 50%.
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9. Zoning Report
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The Zoning Report for the month of May 2006 is on file in the Town Clerk’s office.
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10. Monthly Reports
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The Town Clerk’s May 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 said because of the July 4th Holiday, our July Board Meeting will be
held on MONDAY, JULY 10, 2006 at 7:00 PM at the Phelps Town Court/Meeting
Facility, 1331 Rt. 88, Phelps.
- Supervisor Teed explained to the Board that a letter was received from the Village of
Newark on May 5, 2005 advising us that they were increasing the rate we pay them for
water to $1.7498, which was an 11.1% increase. He said the Village raised their rates last year when the rates went up and they are raising them again this year. He said there was no provision in the 2006 Budget to cover this increase. He said Bookkeeper Barb Middlebrook suggested that the water rate for a minimum bill be increased from $28.00 to $30.00 and the water usage charge go from $4.00 to $6.00. Councilman Beechler said he has no problem with the minimum bill going from $28.00 to $30.00 but he cannot see a 50% increase in the usage charge. Councilwoman Day agreed with Councilman Beechler.
Councilwoman Day offered the following Resolution. RESOLVED to
table the increase in water rates until more information was available.
The Resolution was seconded by Councilman Mattoon, who moved its
adoption. 5 AYES. Motion carried.
- Supervisor Teed said we had previously discussed the new Building Codes.
- No discussion on the White Road Water District Maintenance and Linear
Foot charges. Supervisor Teed said we need to gather more information.
- Supervisor Teed asked Clerk Nieskes to discuss the Phelps Sauerkraut Festival
Parade. Those attending the parade will be Supervisor Teed, Councilman Beechler,
Councilwoman Day and Councilman Mattoon. Councilman Dole, Town Clerk Nieskes
and Superintendent Featherly will not be able to participate this year.
- Supervisor Teed said he is scheduling an Informational Meeting for the Fort Hill,
Griffith and Trimble Road Water District Residents. The meeting will be Tuesday,
June 20, 2006 at 7:00 PM at the Phelps Town Court/Meeting Facility, 1331 Rt. 88,
Phelps.
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12. Open Forum
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Supervisor Teed asked if anyone wished to address the Board.
ROBERT OAKS, CARTER RD., GENEVA: Mr. Oaks asked if the new building
codes were part of the State Uniform Building Codes. Supervisor Teed said they
were.
COUNCILMAN JOHN DOLE: Councilman Dole said the Phelps Fire Department
is having their Open House, Saturday, June 10th from 10 AM to 2 PM. He said there
would be demonstrations, a bounce house, helicopter and many more things.
PAULA ATKINSON, MELVIN HILL ROAD, PHELPS: Mrs. Atkinson said she saw
Rick Larsen sleeping in his truck on Melvin Hill Road, May 23, 2006 at 8:23 AM. She said she had been told that Mr. Larsen does not start work until 9:00 AM, so she guessed
he was on his own time. She said she did want to see Mr. Larsen’s time sheet for that day. She also said she takes exception to one of the Board Members calling her a liar.
JOHN MULFORD, MELVIN HILL ROAD, PHELPS: Mr. Mulford asked about the
Resolution that was done for Water Research money. Supervisor Teed said there was
no money put into the Water Research Account in the 2006 Budget. He said that money
is used for legal fees, engineering fees etc. when we are researching new water districts.
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13. Next Town Board Meeting
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The next Town Board Meeting will by MONDAY, JULY 10, 2006 because of the
July 4th Holiday. The meeting will by held at the Phelps Town Court/Meeting Room,
1331 Rt. 88, Phelps.
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INFORMATIONAL MEETING FOR FORT HILL, GRIFFITH & TRIMBLE RD. WATER DISTRICT:
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Supervisor Teed reminded the Board about the Informational Meeting for the Fort Hill, Griffith & Trimble Road Water District which will be held on Tuesday, June 20, 2006 at the Phelps Town Court/Meeting Room, 1331 Rt. 88, Phelps.
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14. Bills
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Councilwoman Day made the following Resolution. RESOLVED that:
- PREPAID GENERAL “A” - #125 - #141 in the amount of $26,652.02,
- GENERAL “A” - #142 - #167 in the amount of $57,857.15,
- PREPAID GENERAL “B” - #28 - #29 in the amount of $43.37,
- GENERAL “B” - #30 - #36 in the amount of $3,029.43,
- PREPAID HWY. - #86 - #87 in the amount of $14,671.94,
- HIGHWAY “DB” - #88 - #114 in the amount of $19,654.02,
- PREPAID SEWER - #10 - #12 in the amount of $17,080.53,
- PREPAID 96/488 WATER DISTRICT - #30 in the amount of $465.41,
- RT. 96/488 WATER DISTRICT - #31 - #36 in the amount of $2,805.88,
- PREPAID ORLEANS WATER DISTRICT - #38 in the amount of $985.02,
- ORLEANS WATER DISTRICT - #39 - #44 in the amount of $2,244.69,
- PREPAID SPAFFORD RD. WATER DISTRICT - #31 in the amount of $93.08,
- SPAFFORD RD. WATER DISTRICT - #32 - #37 in the amount of $561.16,
- PREPAID MELVIN HILL RD. WATER DISTRICT - #9 - #10 in the amount of $284.83,
- TRUST & AGENCY - #1 - #4 in the amount of $4,874.24 be approved. The Resolution
was seconded by Councilman Mattoon, who moved its adoption. Councilman Beechler
asked why there was travel reimbursement for the Court Clerks. Supervisor Teed said he
will speak with Judge Fisher regarding this. Councilman Beechler said he would like
Voucher #143 and #144 held for payment. Councilman Beechler also said he would
like the voucher for Mr. Canale held for payment. He said he had not seen a copy of the
preliminary audit. Supervisor Teed said a copy was given to each Board Member at the
May 2006 Board Meeting and Councilman Beechler was absent. He said the Town Clerk
would make sure Councilman Beechler received a copy. 5 AYES. Motion carried.
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15. THANK YOU
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Superintendent Featherly said he would like to thank Rick Larsen for all the help he has
given the Town of Phelps with the Water Districts. The Board agreed and also thanked him.
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16. Adjournment
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Councilwoman Day offered the following Resolution. RESOLVED that, the meeting be
adjourned. The Resolution was seconded by Councilman Beechler, who moved its
adoption. 5 AYES. Motion carried.
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17. Time
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9:30 PM.
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