Town of Phelps Regular Board Meeting
Minutes for July 10th, 2006
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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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Councilman Mattoon led the meeting with the Pledge of Allegiance.
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5. Public Participation
TIME LIMIT
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Supervisor Teed said in light of previous Public Participation, the Board is
instituting a time limit on speakers. He asked for a Resolution.
Councilwoman Day offered the following Resolution. RESOLVED
that a 3 minute limit be put on Public Participation and Open Forum.
The Resolution was seconded by Councilman Dole, who moved its
adoption. 5 AYES. Carried.
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PUBLIC PARTICIPATION
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MR. JOHN DUCHESNEAU said he wanted to know about the dissolution of the easement behind our properties. He wanted to know the status of that. He said they would like to put in a pond and if we are not going to be able to put a pond where the water line is, then can we use it for the intended purposes, which is agricultural. He said now that you have put me under pressure for 3 minutes, I am trying to think of everything I wanted to say. He said so good job in doing that. He said the meeting minutes from the last time I think were a real atrocity. He said for what was mentioned in the last meeting, they did not include a lot of what was discussed. He said he knows that the Town Law is that you do not have to include it, but I think you may want to reflect back on that in the future. He said he just really thinks this is an atrocity that you are limiting us to 3 minutes and you are doing this in the beginning of this Board Meeting. His other questions were,
- What is the quality of the water for the Melvin Hill Water District?
- What is the status of the installation of the backflow prevention, which was part of the discussions with Carmen Orlando and all the Board Members that were present at that time?
- What is the status of the dissolution of the easement for the 6” water main that runs across the back of my property?
He said those are the questions and he said he would like answers this evening. Supervisor Teed said he did not know about the 6” water main. He said he would have to look into that. Mr. Duchesneau asked if he would have an answer by the next Board Meeting. Supervisor Teed said probably before that. He said he would find out what the situation is. Mr. Duchesneau said he wants to break ground with the pond pretty soon.
Councilman Beechler asked if it was an abandoned line. Mr. Duchesneau said they were told the line would be abandoned and the easement would be dissoluted basically all the way back to Griffith Road. He said on our deed it basically says we have the ability to connect up to the waterline and use the water for any agricultural purposes without a charge. Supervisor Teed thanked Mr. Duchesneau and said he would get back to him.
Supervisor Teed said he spoke with Town Justice Gary Fisher regarding the mileage
for the Court Clerks. He said he asked Justice Fisher to come here tonight to explain
how this came about.
JUSTICE GARY FISHER said we wanted to get resolved the mileage that has been
turned in for payment. He said this was set up by Past-Supervisor Orlando. He had
told the Court Clerks that because they had to drive their own vehicles to the bank and
post office, they would be paid mileage. He said they have to go to the Post Office because they have a large amount of certified mail, for which they have to sign. He said
they also have a large amount of certified mail that is sent out from the Court. He stated
that they also have to make State mandated deposits daily. He said the Clerks rounded the mileage off to 3 miles each round trip. He said what happened previously was there
was no documentation on the voucher. Justice Fisher said my recommendation is that in
the future they will complete a mileage chart, just like anyone else in the Town. He said the Clerks would then submit the form to him for his review at the end of the month. He said he would then bring the mileage form to the Town Hall for payment. He said they should average out to approximately 140 to 150 miles per month. He said they were paid the first month and then there was a question on the next month’s forms because there was no detail. He said he does not feel that anyone should be using their own personal vehicle for Town or even a company business. He said if anyone has any questions, please let him know. Councilwoman Day said one clerk has triple the mileage of the other. Justice Fisher said many times the main Court Clerk, Darol Buck will come in much earlier. He said she will not go to the Post Office. He said Mandy Roll will go to the Post Office and/or Bank and then she will also repeat that as she leaves earlier than Darol. He said they also alternate Court nights, so sometimes one may have 2 Court nights, where the other one will not. Councilwoman Day asked Justice Fisher what the Clerks’ hours were. He said their normal hours are 9 AM to 12 Noon and they have 2 Court nights and they alternate them. Councilman Beechler said basically they have one trip in the morning, one in the afternoon and then trips after Court nights. Councilwoman Day asked Justice Fisher if he was in agreement with the vouchers that had been held or did he want to review them before payment. Justice Fisher said he went over them with the Clerks and he was in agreement to pay the vouchers.
DONALD SPRINGER said in August 1999 there was a meeting called at the Phelps Fire Hall for anyone interested in working on the Comprehensive Plan. He said there was a large crowd and they had people sign up for various phases of the plan. He said we are now in 2006 and we have a Comprehensive Plan that has been available for a year and nothing has happened on the Plan. He said Tim Jensen, County Planning, told him the
Town can go forward and institute the plan without the Village. He said you would need a Public Hearing and the Plan is ready to go. He said I am here tonight to urge you to please get this in place. Supervisor Teed said he would talk with Mayor Cheney regarding this.
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6. APPROVE MINUTES OF JUNE 5, 2006:
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Supervisor Teed asked for a Resolution to approve the June 5, 2006 Town Board Meeting
Minutes. Mr. John Duchesneau asked to interrupt. Supervisor Teed said no. Mr. Duchesneau continued by saying there is a section of the minutes that referenced his name and that is incorrect. He said he just wanted to bring that to the Board’s attention. He said it was during Open Forum and he did not speak during that time. He said it was John Mulford that spoke. Councilwoman Day asked to table the minutes until a correction could be made. Councilwoman Day, offered the following Resolution. RESOLVED that, the June 5, 2006 Town Board Meeting Minutes be tabled until further review by the Town Clerk for corrections, additions or omissions. The Resolution was seconded by Councilman Mattoon, who moved its adoption. 5 AYES. Carried.
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7. Resolutions
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Supervisor Teed said Mike Vienna has asked permission to attend a Class D Licensing
session in Morrisville on July 17 and 18, 2006. Councilwoman Day offered the following
Resolution. RESOLVED, that the Town Board approve Mike Vienna to attend a D
Licensing Class at Morrisville on July 17 and 18, 2006. The Resolution was seconded by
Councilman Mattoon, who moved its adoption. Councilwoman Day said she had a
couple of questions. She asked Mike Vienna what this was for. Mr. Vienna said it is for
his distribution license. He said it is recommended by the New York State Health
Department. He said Carl Peake from the Village is also going to attend the class.
Councilwoman Day asked if there was an expense attached with this class. Mr. Vienna
said the cost was $200.00. Councilwoman Day asked if that would be at the Town’s
or Mr. Vienna’s expense. Supervisor Teed said the Town’s expense. Town Clerk Nieskes said the cost would come out of each water district. She said this it is something he has to have because it was part of his agreement when he was hired by the Town. She said the Board specified that he had to have all his credentials in place within a year. Councilman Mattoon asked if this is just a review or is it everything. Mr. Vienna said after the two days, he will have his Class D License. Councilwoman Day said she understood that this was one of the agreements at the time Mr. Vienna was hired. She asked Superintendent Featherly if one of his employees had to get a CDL, would the Town pay for their credentialing. Superintendent Featherly said that has never happened
because they have to have a CDL in order to be hired by the Highway Department. Councilman Mattoon said the Town of Victor pays for his pesticide applicator’s license, because that is part of his job title. Mr. Vienna said all the Towns and Villages that he knows of, when you attend water meetings every couple of months, they all pick up the tab to get your contact hours. He said you have to have 30 contact hours in order to keep your license and the Towns or Villages pay for those meetings. Councilwoman Day asked if this was the only credentialing that Mr. Vienna was going to need. He said he has his other licenses. Councilman Beechler asked if we were to chlorinate our water at some future time, would Mr. Vienna have that license. Mr. Vienna said he already has that license. He said the D (Distribution) License is something the State is now
mandating. Supervisor Teed said this is something we are requiring and I think it should be a Town expense. Councilwoman Day asked Mr. Vienna if this license would go with him because it has your name on it and it does not stay anywhere in the Town. Mr. Vienna said that is correct. Superintendent Featherly said we sent Kurt Owens for his Class C license a few months ago. Supervisor Teed asked Superintendent Featherly if we paid for that or did he. Superintendent Featherly said he did not know. Councilman Beechler said he thought Mr. Owens had said he paid for it on his own. Superintendent Featherly said he paid for the first license he got. Supervisor Teed asked Mr. Vienna if he would be willing to go and pay for the license on you own. Mr. Vienna said he would because it was something he had to have. Councilman Beechler said he thinks the Town should pay for the license. Councilwoman Day said her feeling is if it is needed by the Town and the license was given to the Town of Phelps, there would be no questions. She said the fact that it is in Mr. Vienna’s name, are we setting a precedent here? Supervisor Teed said the Town has other positions that require schooling like Zoning and Code Enforcement. Councilwoman Day asked if those were paid by the Town. Supervisor Teed said they are. Supervisor Teed asked for a motion. Councilman Beechler said he would like to add an addendum to the motion already on the table. He said the addendum would be, we pay the $200.00 licensing fee, mileage, lunches and any reasonable expenses along that line.
| Member |
Vote |
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Councilman Mattoon
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AYE
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Councilwoman Day
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NAY
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Councilman Beechler
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AYE
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Councilman Dole
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AYE
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Supervisor Teed
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AYE
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Resolution ADOPTED: 4 AYES, DEFEATED: 1 NAY
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8. Highway
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Highway Superintendent Featherly gave his report for the month of June 2006.
(see attached).
Superintendent Featherly said the residents of Melvin Hill Road have submitted a petition to get the weight limit down to 10 Tons on Melvin Hill Road, with the exception of local deliveries. He said in addition they are also requesting a speed reduction to 45 miles per hour. He said that has been turned over to the State of New York Department of Transportation. He said he would like to have the Board consider passing a Resolution at the next Board Meeting for the weight limit. Supervisor Teed said the weight limit is a Board Resolution, it does not have anything to do with the State. Councilman Dole asked if that would affect any farming. Superintendent Featherly said no, that is considered local traffic. Councilman Beechler asked if there is any reason we could not set a weight limit of 10 tons on any Town roads. Supervisor Teed said no there is not. Councilman Beechler said he was sure there was not but that would put any vehicles heavier than that on State and County Road. He said if that was adhered to, it would certainly help on our
maintenance long term. Supervisor Teed said the only stipulation that he knows of, is you cannot force undue hardship on any one person by doing limiting the weight. He stated that if someone is doing a job on that road, they can come in, but as far as everyday traffic, you can control that. He said we can contact the NYS Department of Trans-portation and get more information. Councilman Beechler said there is a pretty good variety of State and County Roads in this town, mostly north and south, east and west you have Rt. 96. Supervisor Teed said he is very skeptical on a townwide weight limit because he thinks that will put many people in a jam. He said we do have many roads that were not built to withstand that heavy traffic. He said he would check with the County and come back with a recommendation. Councilwoman Day asked if there were any Towns that had a town-wide restriction like that. Supervisor Teed said none of which he was aware. Town of Seneca posted many of their roads because of the Landfill. Councilman Beechler said when Newark was investigating putting a Thruway entrance here, one road that revealed a good amount of traffic was Melvin Hill Road.
Councilwoman Day asked Superintendent Featherly if he was going to get the new Town
pickup lettered. Supervisor Featherly said he is, but has not been able to park the truck
long enough to get it done. Councilwoman Day also wanted to know how the culvert was
coming along on Cross Road. Superintendent Featherly said they were going to start setting the precast 10’ x 7’ boxes tomorrow. Councilwoman Day said she understood that there were some problems down there with all the rain. Superintendent Featherly said the water went up over the dams and created flooding. He said we lost about a day’s work out of that. He said they had the pumps running over the 4th of July and it was all pumped out. He said when they returned to work on Wednesday; they were ready to go again. Councilwoman Day asked if the Village was helping us out with the project. Superintendent Featherly said they were. Councilwoman Day asked if that was a bartering situation or if we would be billed for their help. Superintendent Featherly said there is no cost; we just help each other out. Supervisor Teed asked if the Gas and Electric cut the gas main on Cross Road for the Town. Superintendent Featherly said they spliced it until we are done with our work and then they will piece it back in. He said he thinks ELAM and Elderlee are the primary users of that gas line and it is mainly used for heat in the winter. Supervisor Teed said that saved a huge amount of work. Councilwoman Day asked if the road would be opened back up within a week to 10 days. Superintendent Featherly said it all depends on what we run into. He said we are going to have to build the road up a little bit. He said it should not be more that two weeks before the road is open again.
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9. Zoning Report
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The Zoning Report for the month of June 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 June 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 he has just a small update on the water and sewer increases.
Bookkeeper Barb Middlebrook is still obtaining information on that. He said the Village of Phelps has raised their sewer rates to us. He said this is the second time the Village has raised their rates. He said we will have more information on that for our next Board Meeting.
- B) Supervisor Teed said Mike Vienna and Rick Larsen have proposed a small Woodtex type building for use at the Newark Pump Station. He said they are proposing a building that could be set on a gravel pad. He said the building would give Mike a place to service meters and work on other equipment and have his tools on site
there. He said the cost for a 12’ x 16’ is $1,780 and a 12’ x 20’ is $2,105. He said these buildings are delivered and set. He said there is not much difference in the price and the 12’ x 20’ comes with a window and overhead door. Supervisor Teed said that way he does not have his stuff scattered around the Highway Department, which there is already not a lot of room there. He said Mike has asked permission to go out and purchase one of these building. Supervisor Teed said there is very little you would have to do to the building afterwards. He said you might put some electric in there, which could be run from the Pump House. Councilman Beechler said you would need electric, lights and what about heat. Supervisor Teed said yes. Mike Vienna said he could insulate the building but that could be done at a later time. Supervisor Teed said those are things that could be done on a rainy day. Councilwoman Day asked where everything is now. Mr. Vienna said he has a lot of things upstairs in the Town Hall, cabinets and meters scattered on the floor. He said the man from EJP is going to come back and give us some warrantees on some of the meters that I found laying around down at the Highway Garage. He said Superintendent Featherly has been great about helping me out and letting me keep things down there. He said he cannot do much work upstairs in the Town Hall. He said he could do some work at the Highway Garage, but they have so much of their own work going on there. Councilman Mattoon asked Mr. Vienna if a 12’ x 20’ building was going to be large enough. Mr. Vienna said it would be nice to have the building. Supervisor Teed asked Mr. Vienna if he could use the Pump House building itself to store some things. Mr. Vienna said he probably could, but generally you should not keep anything that is not supposed to be there in a pump station. He said especially like the Rt. 96 one. He said if OSHA or the Health Department came in they would not be in favor of having things in there. Supervisor Teed said you are going to repair meters. Mr. Vienna said yes, I need just a little workbench that I can repair and service meters. Councilwoman Day asked if the Newark Pump House was the one way off the road on Rt. 96. Mr. Vienna said yes. Councilwoman Day said so if we put it back there, we would have to have it plowed for you to get back in there. Mr. Vienna said he has to go back there everyday to check and test the water. He said that is also where the seaquest is located. Supervisor Teed said that has always been plowed. Councilwoman Day asked if Mr. Vienna needed the building back by that Pump House. Mr. Vienna said it does not matter where it goes, he just thought that would be a central spot because he is there checking the water coming in at least twice a day. Councilwoman Day said she is just thinking of the insulation, electricity and heat. She asked Superintendent Featherly if there is anyplace down around the Town Highway that this Woodtex Building could be placed, located, attached to. She said he would have access to the bigger tools, if he needed them. She also said she did not know if there was anyway you could bring heat out of the garage to the building. She said regarding insurance, she did not know what that would be. Superintendent Featherly said he needs to decide where the building should be. Councilman Beechler said maybe you could set it on the asphalt that is already there. He asked how much property we have
at the Newark Pump Station. Supervisor Teed said he believes there is plenty of room for the building. He asked Superintendent Featherly if it would it be more feasible over near the Salt Shed, by the storage building where you keep the lawnmowers. Superintendent Featherly said it sounds like he wants to be closer to where the computers are. Mr. Vienna said it really does not matter where the building is, he just does not want to get in the Highway’s way. Councilman Dole said the Village still has all the remote reads in Carl Peake’s office, so having it down at the Highway Garage might be feasible. He said if he needs a part that he does not have, he could just run down to Carl Peake’s office. Councilwoman Day asked Mr. Vienna if he had a computer yet. Mr. Vienna said he did not. Councilwoman Day said you obviously will need a computer. She said if we put that building up at the Newark Pump House, what are we going to need up there to hook up a computer? Mr. Vienna said he would have to look into that. He said he might be able to tie right into it there. Councilman Dole said this is just temporary, once we get a new Highway Garage there will be a separate area for water, a separate area for meters, so this is really maybe a 5 year temporary situation. Councilwoman Day said she definitely thinks we need to come up with some area where he can be centrally located. Supervisor Teed said this is something that can be moved later. Mr. Vienna said it really does not matter to him where the building goes. Supervisor Teed said we can discuss the location at a later time if we buy one. Councilwoman Day said we are not looking for a Resolution tonight, are we. Supervisor Teed said he needs something pretty quickly. He said where we are going to put it is not the issue tonight; it is whether we are going to buy it or not. Councilwoman Day asked where the money would come from to purchase the building. Supervisor Teed said it would be split up amongst all the water districts just like all the other bills. It will service all the water districts. Councilwoman Day asked if we had enough money in those accounts to do this. Supervisor Teed said we do.
Councilman Beechler offered the following Resolution. RESOLVED that, we
purchase the 12’ x 20’ building for $2,105.00 to be located at a place to be
determined, with a maximum of $3,000.00 on the project because we are going
to need some electric and heat to start the process. A place could be selected by
the next meeting so we will be ready to go within a month’s time. The Resolution
was seconded by Councilman Mattoon, who moved its adoption.
| Member |
Vote |
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Councilman Mattoon
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AYE
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Councilwoman Day
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AYE
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Councilman Beechler
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AYE
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Councilman Dole
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AYE
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Supervisor Teed
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AYE
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Resolution ADOPTED: 5 AYES, DEFEATED: 0 NAYS
- Supervisor Teed said that Clerk Nieskes was going over some papers the other day
and discovered that some of our Ethics Committee Members were deceased. She
wanted to bring that to the Board’s attention. He said we had three vacancies on the Committee, but I did ask Linda if she would be willing to serve on it and she said she would, so that would fill one vacancy. He said we still need two members that are not elected or appointed of the Town. He asked that the Board consider people to ask
during the coming month. He said John Richardson and Nate Walker are the deceased members and Carole Gostley is no longer employed by the Town. Clerk Nieskes said according to the two members that are still on the committee, they have never had to meet or had issues they needed to address. She said you still have to have a committee in place. Clerk Nieskes asked the Board to advise her of any names they have and she will contact those people to see if they are willing to serve. She said if they are, all three names will be brought to next month’s Board Meeting for appointment.
- Supervisor Teed said we contacted the State regarding the sale of fuel to the cemeteries.
He said when we got the second request, I asked Clerk Nieskes to contact the State and
see where we stood. He said we were advised that we cannot sell the fuel to the cemeteries. He said it is not a lawful procedure. He said we will have to ask the Cemetery Association for their key. He said it is lawful to sell to someone we have a contract with, such as the Phelps Ambulance, Inc.
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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 who was on the Ethics
Committee. Clerk Nieskes said Beth Webster and Robert Spink were the two remaining
members and they have agreed to stay on the committee.
KATHY DUCHESNEAU, MELVIN HILL ROAD, PHELPS: Mrs. Duchesneau said she was glad to see Councilwoman Day questioning things tonight. She said when she read the minutes of the June meeting she felt she was not at the meeting. She said the minutes did not have anything that went on at the meeting but later on it had Terry Featherly
apologizing to me. She said why was Terry apologizing to me. She said someone reading the minutes would not understand it. She said the minutes need to be revised, either that or take where he apology out.
CAROL WICKUM, MELVIN HILL ROAD, PHELPS: Mrs. Wickum asked when she
was going to get clean water. Supervisor Teed said we are flushing the line again tomorrow. He said he met with the Department of Health last Friday morning. He said we have some issues. He said he had talked with Gert Donnelly today and has the pictures that she gave him. He asked if it clears up right after we flush. Mrs. Wickum
said it does for a couple of days, but then it goes right back to smelling and a yellow color. She said it has a musty, rancid odor. Mrs. Donnelly said it has a terrible taste.
Mrs. Wickum wondered if it was being tested to see if it is healthy enough to drink. Supervisor Teed said yes it is. He said we are in the process of buying new equipment for that too. He said we are working with Sheryl Robbins, NYS Department of Health, and she has given us some recommendations as to what we are to do next. He said we are
checking the chlorine and seaquest. He said according to the Health Department, they believe part of the problem is the 6“ line feeding the 12” line and then there is not enough
volume moving through the 12” line because there are not enough services on it to keep the water moving. He said cast iron pipe neutralizes chlorine. He said he has been in contact with our Town Engineer and our previous Town Engineer and they are going to work together with us on it. He said he would get back to the residents as soon as he hears something. He said he knows the water is not acceptable. He said when we did the flow test on the line a week or two ago, we thought maybe it was the pressure reducing valve that we have in the meter house, but that was not it. Supervisor Teed said when we are flushing and it draws the pressure down at the other end of the line, with the other hydrant half open, that pressure valve stays at 63 pounds on the outlet side of it, so it is maintaining. He said we are losing whatever we got from that point this way. Mrs. Wickum asked if it could be a hole in the pipe. Supervisor Teed said he did not believe so, he feels it is restrictions. He said his and the Engineer’s guess it that it is the 6” line because it is the same age as the 12” line. He said we have a quality issue because
of the corrosion in the pipe, maybe your services have something to do with the problem,
but that is not the issue. Mrs. Wickum said it has ruined all the sinks and toilets. She said she would hate to think what is in her hot water tank. Supervisor Teed said he sent out a letter today to the Melvin Hill Road Water District residents with the State’s recommendations of what we have to do. He said you should probably have that by tomorrow. He said it is not a pleasant situation. Mrs. Duchesneau asked what does that mean, do we have to pay more. Supervisor Teed said we do not know yet. Mrs. Wickum said when she hears the Town is going to raise the water rates and 99% of her clothes are ruined; plus she has to go to a laundry mat if she want decent clothes to wear, it is very frustrating. Supervisor Teed said it is. Councilwoman Day said it is a legitimate concern.
JOHN MASLYN, COUNTY ROAD 43, CLIFTON SPRINGS: Mr. Maslyn said he is curious about the new proposals for water districts. He asked why we are still fighting water issues in this town. He said nothing against the new Board members, but I want to know why, as I sit in this building. He said we have been fighting this water situation for 4 or 5 years on my part alone and we still have no resolution. He said now you are saying for the Fort Hill, Griffith, Trimble Road Water District, our water it is going to be a $1200 bill for 38 years, that is pretty sad. Supervisor Teed said he understood but it’s something that is out of our control. He said the issue here in the Melvin Hill District is something has already been put through and done not 100% and now we are dealing with it. He said this is one thing he wants to make sure of, if the Fort Hill, Griffith, Trimble Road Water District goes through, it is done right. He said if it is $1200 up front, then you know it is $1200. He said I don’t like surprises myself and this is what I am dealing with. Mr. Maslyn said it is $1200 and a majority of the people in this district are 55 or 65 and retired, where are they going to come up with an extra $1200 a year. Supervisor Teed said at least you know that before you vote on it. Mr. Maslyn said he doesn’t think it will go that far. He said he doesn’t know why these questions were not addressed a number of years ago. He said it just blows him away. He asked if any of the Board Members could answer his question. Councilman Dole said we applied for a grant and we were denied.
Mr. Maslyn said he understands it was denied, but it was also wrong. Councilman Beechler said that complicates it now because it was wrong and now it is so much larger. Mr. Maslyn said after applying for the grant so many times, why do we keep getting denied. Councilman Dole said we were only denied once for the grant. Mr. Maslyn said we got denied once; it was late once or twice. Both Councilman Dole and Councilwoman Day said they never heard of it being late. Councilwoman Day said Mr. Maslyn has information of which she is not aware. Mr. Maslyn said it came from the Town Board, past-Supervisor Orlando sat right at the meeting and said it.
JOHN DUCHESNEAU, MELVIN HILL ROAD, PHELPS: Mr. Duchesneau said building on what the gentleman (John Maslyn) was saying, I sat here at the Fort Hill Road Water District meeting a couple weeks ago. He said when Kathy and I said you really need to understand this problem and work with the Board, it was because a lot of misinformation was shared with the Engineering Firm and so on. He said we sat in that meeting and heard MRB talk about $3.50 per 1000 cubic feet of water, when in the previous Board Meeting Norm had said it was $4.00 and possibly going up to $6.00. He said the Resolution was tabled and there were 3 or 4 other items that were different than what exists today on the water districts. He said my concern, and this is not personal, is that the right information is shared with the people so that when they make a decision, it is the right decision. He said look at the decisions that were made and why they were made on the Melvin Hill Water District and the calculations that we, as residents, made on the information and why we made the decisions we made to go forward with it and then we hear all this information that is incorrect at the Fort Hill Road Water District meeting. He said our role here is to make sure the Town Board is providing accurate information for people to make sound decisions. He said he knows that there were flaws with the Engineer that was involved in the Water District for Melvin Hill and that is not the fault of any of you sitting here, but the ramifications come down on us. He said I sit here and listen to information on districts that is incorrect and I did not hear anybody speak up and challenge them. He said these people are going to look at this information and see how much their insurance is going to come down on their homes, but then ultimately the numbers are going to be different again. He said that is what Kathy and I have been here for. He again said it is not personal, it’s factual based, and we want to make sure the facts are getting to the people that are trying to make the decision. He said there was bad information shared. Supervisor Teed said he is working with both the Engineering Firms. Mrs. Duchesneau said MRB has the wrong calculations for their water costs; it is not going to cost them $3.50 because water costs us right now $4.00. Supervisor Teed said there were questions he also had at the meeting. Mrs. Duchesneau said they had $24.00 for the first 6000 gallons and we are now paying $28.00. She said that is a calculation problem. Mr. Duchesneau again said these people are acting as professional agents for the Town and they ought to be providing information that was given by the Town.
JOHN MULFORD, MELVIN HILL ROAD, PHELPS: Mr. Mulford asked about the amounts for the Melvin Hill Water District that appeared on the Town and County Tax bills. He said that was discussed at several meetings and pretty much determined that the
Engineer did not calculate it right. He said the Board was investigating it to see if that would be corrected this year. He asked if there was ever any resolution on that. Supervisor Teed said he talked to Robin Johnson at the County Real Properties Office. He said she told him it could not be done this year; it would have to be next year. He said he talked with Charlie Morgan, the Assessor, regarding the calculations and there is not a whole lot that can be done to change the calculation because the way it is laid out right now, there is no cushion there at all. He said the Bond payment and water charges take most of that and now we are losing money on the water charges because of the flushing. He said regarding the lineal footage, MRB has come up with a better solution where you just use a user property, one hookup instead of the lineal footage. He said he thinks that is a fairer way of doing it. Mr. Mulford asked if that would be proposed for the Melvin Hill Residents. Supervisor Teed said no, that district is already established. He said it would only be any future districts. He said we are still trying to get answers to all these issues.
Mr. Mulford said the Woodtex building that is proposed for the Water Districts has windows and an overhead door. He said you want to watch for vandalism. Supervisor Teed said it is only a ventilation window and the overhead door locks and there are no windows in the overhead door. Councilwoman Day said that is another good point to have the building closer to the Town Barns.
JOHN DUCHESNEAU, MELVIN HILL ROAD, PHELPS: Mr. Duchesneau said he had two things. He said at the last meeting we discussed the meeting notices that were provided allegedly late to the official newspaper. We went through the Freedom of Information Act to see if there was anything to show they went sooner and we did not receive anything that said they did. He said I have one very important question and the question is to you, Linda. Supervisor Teed said the questions will be addressed to him.
Mr. Duchesneau said the question is, were you instructed to fax those late? Clerk Nieskes said she absolutely was not. Supervisor Teed said this is totally uncalled for.
He said that is one reason why we are limiting Public Participation to 3 minutes, and that is what it will be and if it is abused in the future we will stop Public Participation completely. He said this has happened before in meetings and it is not going to continue.
He asked Mr. Duchesneau if he understood. Mr. Duchesneau said not completely. Supervisor Teed said he felt it was very plain. He said this is not the first time this has happened and it will not go on. He said we are moving on. Mr. Duchesneau kept trying to talk and Supervisor Teed told him we were done.
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13. Next Town Board Meeting
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The next Town Board Meeting will by Monday, August 7, 2006, at 7:00 PM 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” - #168 - #183 in the amount of $31,461.57,
- GENERAL “A” - #184 - #210 in the amount of $13,973.36,
- PREPAID GENERAL “B” - #38 - #49 in the amount of $2,812.46,
- PREPAID HWY. - #115 in the amount of $8,269.27,
- HIGHWAY “DB” - #116 - #141 in the amount of $30,228.45,
- PREPAID SEWER - #13 in the amount of $1.97,
- WHITE ROAD WATER DISTRICT - #7 - #8 in the amount of 36.24,
- PREPAID 96/488 WATER DISTRICT - #37 - #38 in the amount of $8,411.45,
- RT. 96/488 WATER DISTRICT - #39 - #49 in the amount of $2,223.28,
- PREPAID ORLEANS WATER DISTRICT - #45 - #46 in the amount of $8,263.32,
- ORLEANS WATER DISTRICT - #47 - #60 in the amount of $2,454.72,
- PREPAID SPAFFORD RD. WATER DISTRICT - #38 in the amount of $2,328.00,
- SPAFFORD ROAD WATER DISTRICT P #39 - #49 in the amount of $466.01,
- PREPAID MELVIN HILL WATER DISTRICT - #11 - #12 in the amount of $6,236.73,
- MELVIN HILL WATER DISTRICT - #13 - #15 in the amount of $2,891.94,
- PREPAID TRUST & AGENCY - #5 - #6 in the amount of $2,524.36 be approved. The
Resolution was seconded by Councilman Dole, who moved its adoption. Councilwoman Day said she had a question on a NYS Gas & Electric bill for $.99. She said she is assuming that is for the old Court House. She asked if we had all the utilities shut off
there. Supervisor Teed said yes, there still might be a pilot light that is on. Councilwoman Day asked if we have any plans on what we are going to do with that
building. Supervisor Teed said not at this point. Councilman Dole said we need to get rid of it before winter. Councilwoman Day said if we do not get rid of it, that $.99 is not
going to stay at that for very long. Supervisor Teed said even if you cut all the utilities off and drained all the pipes, it is still going to be detrimental. Councilwoman Day said somebody had mentioned that someone was interested in purchasing it. Supervisor Teed said he has had a couple people approach him wanting to know if we would be willing to sell it. He said he did not know if the Board wanted to put it up for public bid or put it in a realtor’s hands. He asked for comments. Councilman Dole said one comment that he would make is parking for that particular parcel is nonexistent. He said they would have to park on Main Street and that would be it because you are not allowed to park overnight in the lot behind the old Town Court. He said that would be a limiting factor on that building. Supervisor Teed said they would have to know that before purchasing the building. Councilman Beechler said maybe a business could go in there and they would not need overnight parking. Supervisor Teed said one of those interested was a business. Councilman Beechler said as far as a residence, he did not know how that could work. Councilwoman Day said if someone is willing to purchase it, I think we should explore the idea before winter. Supervisor Teed asked the Board to let him talk to the County to see how they handle the sale of real property.
Councilman Dole asked who from the Village worked on the water main break in Orleans. Superintendent Featherly said it had to be Kenny McAllister. He said he would have to go back and look because he was not there. Supervisor Teed asked if that was the big one. Superintendent Featherly said yes, right in front of the old Town Pump. Councilman Dole said there was a bill from the Village of Phelps, which is fine because they helped out on it, but it, does not list Kenny McAllister; it lists Guy Everson and Carl Peake. He said the bill was based on their salary, so is it based on the right salary? He said it was a $618.00 bill. Mike Vienna said the July 4th weekend problem was just Guy Everson and Carl Peake. Supervisor Teed said the one in May, Carl Peake spent a long
time working on that. Mike Vienna said Rick Larsen had told him Carl Peake and Guy Everson helped him greatly with that May break. Supervisor Teed asked if there were any other questions on the bills. Councilwoman Day said just to clarify, we are going to pay the mileage for the Court Clerks for both months and then they will start turning in mileage forms. She said those bills will have to be included in here. Supervisor Teed said they are in there now. Justice Fisher verified that they did have the mileage. Supervisor Teed asked all in favor of paying the bills. 5 AYES. Carried.
Councilwoman Day said she had one last thing. She asked where we stand on the In Home Occupation Law. She said we tabled it for 30 days and I think that time ends on August 1st. Supervisor Teed said that was correct. Councilwoman Day said we will not have another meeting before the extension is up. Don Springer, Planning Board
Chairman said we talked about changing that. He asked if the attorney has reviewed the law. Supervisor Teed said Attorney Roulan had it with him the night of the meeting and was going to make recommendations to us. Mr. Springer said the Planning Board will have a meeting on the 4th Thursday, which is July 27th. Supervisor Teed asked Mr. Springer if Attorney Roulan should look that over again once they are done with it. Mr. Springer said he should. Supervisor Teed told Mr. Springer when he gets the law, to please give it to him and he will make sure Attorney Roulan gets it. Councilwoman Day asked if we need to do anything now because this will expire before our next meeting. Councilman Beechler said we can extend it another 2 or 3 months just to cover it. Mr. Springer said if you extend it another 30 days that should be long enough.
Councilwoman Day offered the following Resolution. RESOLVED that, we
extend the In Home Occupation Law until September 11, 2006 Town Board Meeting. The Resolution was seconded by Councilman Dole, who moved its
adoption. 5 AYES. Carried.
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15. SEPTEMBER 2006 TOWN BOARD MEETING
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Supervisor Teed announced that because of the Labor Day Holiday, the September Board
Meeting will be held on Monday, September 11, 2006.
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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 Dole, who moved its
adoption. 5 AYES. Motion carried.
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17. Time
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8:20 PM.
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