Town of Phelps Regular Board Meeting
Minutes for January 8th, 2007
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Members Present
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Supervisor Norman Teed
Councilman Carl Beechler
Councilwoman Doris Day
Councilman John Dole
Councilman James Mattoon
Town Clerk Linda Nieskes
Highway Superintendent Terry Featherly
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Public Attendance
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See listing in minutes book.
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Call To Order
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The Regular & Organizational Town Board Meeting was called to order by Supervisor Teed at 7:00 PM.
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Pledge Of Allegiance
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Supervisor Teed led the meeting with the Pledge of Allegiance.
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Public Hearing on Fire Contract Renewal
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Supervisor Teed called the Public Hearing to order at 7:10 PM. He asked the Town Clerk
to read the Public Notice that appeared in the Finger Lakes Times. He asked twice if
anyone wished to address the Board regarding the Fire Contracts. There was no discussion. Supervisor Teed declared the Public Hearing closed at 7:12 PM.
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Public Hearing on Administration & Enforcement of the NYS Uniform Fire Prevention and Building Code Local Law 1 of 2007
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Supervisor Teed called the Public Hearing on the Administration and Enforcement
the NYS Uniform Fire Prevention and Building Code to order at 7:02 PM. He
asked the Town Clerk to read the notice that appeared in the Finger Lakes Times.
Supervisor Teed asked if anyone wished to address the Board.
ROBERT OAKS, CARTER ROAD, GENEVA: Mr. Oaks asked what date
these new codes were brought up to the Board. Supervisor Teed said they
were effective January 1, 2007. Mr. Oaks said they have been trying to
enforce it before this. Code Enforcement Officer Ed Clark said the new
Building Codes were put into effect January 1, 2003. He said the enforcement
and administration was still administered under the old code by the 444 of New York NYCR6. He said the State has just come out with and put forth the sections
of the Code of 2003 to be adopted no later than the 1st of January 2007. He said because this is the Town Board’s first meeting of the year, they put it up for Public Hearing tonight. Mr. Oaks asked how much difference there is in what
was enforced before and what is going to be enforced now. Mr. Clark said they
have redone the unsafe buildings and unsafe equipment for buildings. He said they have required further inspections and operating permits for places of hazardous operations which has to do with 64 operating permits in the State.
He said it would be places with cutting, welding, dust and flying metal. He said it is more intense than what the old code was to go with the enforcement of the fire
code, property maintenance code, energy code, zoning code and building code.
Mr. Oaks said he understood there was a mistake they just rectified. Mr. Clark said the section was 381 and it should have been 382, but this law as presented is correct with 382.
Supervisor Teed asked twice if anyone else would like to address the Board
regarding the Local Law. There were no more comments. Supervisor Teed
declared the Public Hearing closed at 7:05 PM.
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Discussion on Premises Business Local Law 1 of 2006
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Supervisor Teed said we will be setting a Public Hearing for next month’s Regular Town Board Meeting on the On Premises Business, Local Law 1 of 2006. He said we will take action on that law at that meeting. He stated we
are not going to postpone it anymore. He said the information has been out
there for many months and has been on display at the Town Clerk’s office for
the public’s information.
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Public Participation
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Supervisor Teed asked John & Kathy Duchesneau if they wished to address the Board.
MR. JOHN DUCHESNEAU, MELVIN HILL RD., PHELPS: Mr. Duchesneau wished the Board Happy New Year. He said we are starting 2007 with the same level of frustration with which we left 2006. He said there is still poor water quality and fire hydrants that are covered. He said he would like to know what the status of the district is. Supervisor Teed said the last report he got from MRB was Friday, January 5, 2007. He said from cutting the 6” line we found out what the situation is. He said he could not comment a great deal because of possible litigation. He said there is not flow for the hydrants and as far as a remedy to it, the engineers feel it is going to be a long, drawn out process with the tuberculation of the lines. He stated that we have pictures of it and an actual piece of the pipe at the Town Hall, if you would like to see them. He said they do have a solution, but we need more information, which we should be getting within the next week or so. He said we could have a meeting with the Melvin Hill Water District and possibly the Fort Hill Road District also. He said MRB does have some ideas to fix the problems but it will not be cheap. He said he does not see any other alternatives. Mr. Duchesneau asked if that could be planned for tonight. Supervisor Teed said he did not know what MRB’s schedule is and would have to contact them. Mr. Duchesneau asked what the Board thought would be a realistic expectation for improved quality of water. Supervisor Teed said it is very hard to tell. He said he could not pin the Engineers down on it; but they did say it could be 3-5 years. He said the best option is another course. He said he was very frustrated with that answer. He said if we were to go in and clean that line with the brush or router, there is no guarantee you are going to get a real good job. He said it is also very expensive, $300,000. Mr. Duchesneau said no one has answered the question why it changed after we made the modification. He said we had the same water lines with the same contamination in them and we had decent water. He said we did not have good pressure and we did not have the fire hydrants, but what has changed. Supervisor Teed said that from the beginning the water was reversed and it is now under pressure, where as before it was gravity flow. He said now you are riling it up, going the
opposite way with the water and you have added pressure. Mr. Duchesneau asked if we were still applying seaquest. Supervisor Teed said we are and the engineering firm, along with Mike Vienna, is monitoring that for us just to make sure we are not over doing it but are getting enough. Mr. Duchesneau asked when the Board would be able to provide us with more of a direction. Supervisor Teed said possibly next month. Mr. Duchesneau said it has been a year. Supervisor Teed said as soon as he has any information, he will pass it on.
DALE POLLOT, 7 S. DAYTON AVE, CLIFTON SPRINGS: Mr. Pollot said he wanted to discuss add-on wood furnaces. He said they are bigger than the external wood burners and they are in the basements of homes and tied into the duct work. He said they are also used to heat domestic water. He said if they are heating the water, they run 24 hours a day, 7 days a week, 365 days a year. He said the smoke is very bad from these add on wood furnaces. Code Enforcement Officer Ed Clark said because Mr. Pollot lives in the Village of Clifton Springs, he needs to address the Clifton Springs Village Board. He explained that the Village of Clifton Springs is under the jurisdiction of the Town of Manchester Code Enforcement Officer Steve DeHond. Mr. Pollot said he wanted to address the Phelps Town Board also to make them aware of the situation. He said the smoke is very bad from these furnaces.
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Correction of the Minutes on December 4, 2006 & December 18,2006
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Supervisor Teed asked for a Resolution to approve the October 2, 2006 Budget Workshop
Minutes, the November 6, 2006 Regular Town Board Meeting Minutes and the November
13, 2006 Special Town Board Workshop/Meeting Minutes. Councilwoman Day offered
the following Resolution. RESOLVED that, the October 2, 2006 Budget Workshop
Minutes, the November 6, 2006 Regular Town Board Meeting Minutes and the November
13, 2006 Special Town Board Workshop/Meeting Minutes be approved as written. The
Resolution was seconded by Councilman Mattoon, who moved its adoption. 4 AYES.
Motion carried.
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Resolutions
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- Correction of the Minutes on December 4, 2006 & December 18,2006. Councilman Mattoon, offered the following Resolution. RESOLVED that, the
minutes of the December 4, 2006 Regular Town Board Meeting Minutes and the December 18, 2006 Year-end Town Board Meeting Minutes be approved as
written. The Resolution was seconded by Councilwoman Day, who moved its adoption. 5 AYES. Motion carried
- Official Paper Councilwoman Day, offered the following Resolution. RESOLVED that, the Finger Lakes Times will be the official newspaper for the Town of Phelps, NY, for the year 2007. The Resolution was seconded by Councilman Beechler, who moved its adoption. 5 AYES. Motion carried.
- Official Bonds Councilman Beechler, offered the following Resolution. RESOLVED that, the Official Bonds for the Town of Phelps, New York, for the year 2007 will be as follows: Justices (2) $1,000.00 each; Supervisor $100,000.00; Deputy Supervisor $10,000.00; Highway Superintendent and Deputy $1,000.00 each; Town Clerk and Bookkeeper $1,000.00 each; and Tax Collector $100,000.00. The Resolution was seconded by Councilman Dole, who moved its adoption. 5 AYES. Motion carried.
- Official Salaries
Councilman Dole, offered the following Resolution. RESOLVED that, the Official Salaries for the Town of Phelps, New York, for the year 2007, are as follows:
| Supervisor | 15,600.00 |
| Town Clerk | 31,200.00 |
| Assessor (Appointed) | 41,075.00 |
| Councilman | 3,317.00 |
| Councilman | 3,317.00 |
| Councilman | 3,317.00 |
| Councilman | 3,317.00 |
| Justice | 13,603.00 |
| Justice | 13,603.00 |
| Highway Supt | 51,797.00 |
The Resolution was seconded by Councilman Mattoon, who moved its adoption. 5 AYES. Motion carried.
- Town Historian Councilman Mattoon, offered the following Resolution. RESOLVED that, Donald Tiffany be appointed as the Town of Phelps, New York, Historian, for the year 2007. The Resolution was seconded by Councilwoman Day, who moved its adoption. 5 AYES. Motion carried.
- Trust & Agency Councilwoman Day, offered the following Resolution. RESOLVED that, Supervisor Teed, be appointed as Trust & Agency, for the Town of Phelps, New York, for the year 2007. The Resolution was seconded by Councilman Dole, who moved its adoption. 5 AYES. Motion carried.
- Machine Rental Councilman Beechler, offered the following Resolution. RESOLVED that, the machine rental and operator, be set up by the State rates, for the Town of Phelps, New York, for the year 2007. The Resolution was seconded by Councilman Dole, who moved its adoption. 5 AYES. Motion carried.
- Mileage Councilman Dole, offered the following Resolution. RESOLVED that, anyone traveling for the Town of Phelps, New York, for the year 2007 be paid $.40 per mile. The Resolution was seconded by Councilman Mattoon, who moved its adoption. 5 AYES. Motion carried.
- Full & Part Time Highway Employees Councilman Mattoon, offered the following Resolution. RESOLVED that, Part-time Highway Employees be paid $10.00 per hour for 2007. Full-time Highway Employees will receive $19.20 per hour and new full-time hires will be paid according to the schedule in the Highway Department Agreement for 2007. The Resolution was seconded by Councilwoman Day, who moved its adoption. 5 AYES. Motion carried.
- Registrar of Vital Statistics Councilwoman Day, offered the following Resolution. RESOLVED that, Linda Nieskes, be appointed Registrar of Vital Statistics and Peggy Scharett be appointed Deputy of Vital Statistics, for the Town of Phelps, New York, for the year 2007. The Resolution was seconded by Councilman Beechler, who moved its adoption. 5 AYES. Motion carried.
- Part Time Employees Councilman Beechler, offered the following Resolution. RESOLVED that, the deputies for Town Clerk, Court Clerk, Tax Collector, Zoning and Planning Board Clerk and Election Inspectors be paid $9.52 per hour, for the year 2007. The Resolution was seconded by Councilman Dole. 5 AYES. Motion carried.
- Bank Deposits Councilman Dole, offered the following Resolution. RESOLVED that, the Town of Phelps, New York, use two (2) banks for deposits of the Town’s money, for the year 2007. These banks are Bank of America of Phelps, New York and Community Bank, NA of Phelps, New York. The Resolution was seconded by Councilman Mattoon, who moved its adoption. 5 AYES. Motion carried.
- Deputies Councilman Mattoon, offered the following Resolution. RESOLVED that, the following be appointed as Deputies for the Town of Phelps, New York, for the year 2007: Supervisor-Carl Beechler; Town Clerk-Peggy Scharett; Tax Collector-Peggy Scharett; Court Clerk-Amanda Roll; Part-time Clerk-Peggy Scharett; Highway-James Knauss. The Resolution was seconded by Councilwoman Day, who moved its adoption. 5 AYES. Motion carried
- Committees Supervisor Teed, offered the following appointments for 2007:
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| | Fire & Ambulance | D. Day & J. Mattoon |
| Building | J. Mattoon & C. Beechler |
| Right of Way | J. Dole & C. Beechler |
| Legislation | C. Beechler & J. Mattoon |
| Planning | D. Day & C. Beechler |
| Youth | J. Dole & J. Mattoon |
| Insurance | C. Beechler & J. Dole |
| Conservation | J. Mattoon & D. Day |
| Parks & Cemeteries | D. Day & J. Dole |
| Highway | C. Beechler & J. Mattoon |
| Historical | D. Day & J. Dole |
| Water District | J. Dole & D. Day |
Councilwoman Day, offered the following Resolution. RESOLVED that, the above appointments be accepted for the Town of Phelps, New York, for the year 2007. The Resolution was seconded by Councilman Beechler, who moved its adoption. 5 AYES. Motion carried.
- Fire Department & School Aid Councilman Beechler, offered the following Resolution. RESOLVED that, the Town Board of the Town of Phelps, New York, give the Highway Department of the Town of Phelps, New York, approval to aid all Fire Departments (Phelps, Clifton Springs and Oaks Corners), as well as Phelps Ambulance Inc. in emergencies under the jurisdiction of the Highway Superintendent for the year 2007. This resolution was seconded by Councilman Dole, who moved its adoption. 5 AYES. Motion carried.
Councilman Dole, offered the following Resolution. RESOLVED that, the Town Board of the Town of Phelps, New York, give approval for the Highway Department to aid Phelps-Clifton Springs Schools, in emergencies, under the jurisdiction of the Highway Superintendent for the year 2007. The Resolution was seconded by Councilman Mattoon, who moved its adoption. 5 AYES. Motion carried.
- Small Tools Councilman Mattoon, offered the following Resolution. RESOLVED that, the Highway Superintendent be allowed to purchase small tools not to exceed $1,500.00 for the year 2007. The Resolution was seconded by Councilwoman Day, who moved its adoption. 5 AYES. Motion carried.
- Town Vouchers Councilwoman Day, offered the following Resolution. RESOLVED that, it will not be necessary to have a Town Voucher to pay legitimate bills, for the Town of Phelps, New York, for the year 2007. The Resolution was seconded by Councilman Beechler, who moved its adoption. 5 AYES. Motion carried.
- Health Officer Councilman Beechler, offered the following Resolution. RESOLVED that, Dr. Marc Zarfes be appointed as the Town of Phelps, New York, Health Officer through the year 2007. This Resolution was seconded by Councilman Dole, who moved its adoption. 5 AYES. Motion carried.
- Procurement Policy Councilman Dole, offered the following Resolution. RESOLVED that, WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt a procurement policy for all goods and services which are now required by law to be publicly bid, WHEREAS, comments have been solicited from all officers involved in the procurement process now therefore be it RESOLVED that, the Town of Phelps, New York, does hereby adopt the procurement policy of Ontario County for the year 2007, which is intended to apply to all goods and services which are not required by law to be publicly bid. The Resolution was seconded by Councilman Mattoon, who moved its adoption. 5 AYES. Motion carried.
- Investment Policy Councilman Mattoon, offered the following Resolution. RESOLVED that, WHEREAS, the law requires the governing body of every Municipality to adopt an Investment Policy, and WHEREAS, we have been provided with the proper format, now therefore be it RESOLVED, the Town Board does hereby adopt the Investment Policy for the Town of Phelps, New York, for the year 2007. The Resolution was seconded by Councilwoman Day, who moved its adoption. 5 AYES. Motion carried.
- Town Board Meetings Councilwoman Day, offered the following Resolution. RESOLVED that, the Town Board will hold its 2007 official meetings on the second Monday of every month, 7:00 PM at the Phelps Town Court/Meeting Facility, 1331 Rt. 88, Phelps, NY. If a holiday falls on the second Monday, the Board will establish another date for that month’s meeting. The Resolution was seconded by Councilman Beechler, who moved its adoption. 5 AYES. Motion carried.
- Appoint 2nd Alternate to the Planning Board (see attached).
- Repeal Local Law #6 of 1988 (see attached).
- Approve new Building Codes for 2007 (see attached).
- Approve Moratorium on External Wood Burners (see attached).
- Approve Moratorium on Wind Towers (see attached).
- Schedule Public Hearing on Local Law #1 of 2006 (see attached)
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Highway
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Superintendent Featherly gave his report for December 2006 (see attached).
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Zoning Report
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The Zoning Report for the month of December 2006 is on file in the Town Clerk’s office.
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Monthly Report
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The Town Clerk’s December 2006 report was reviewed by the Board Members for their approval.
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Discussion With the Supervisor
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- Supervisor Teed reported on the Justice Report for the year 2007. He said the Court heard 3,250 cases and submitted $392,817.00 to the Town. He said there are 3,200 cases still outstanding for the year. He said this was an increase of 473 cases and $78,827.00 in dollars over last year.
- Supervisor Teed said that Charlie Morgan, Wayne Buisch, Ed Clark and Steve Studley went to a meeting about Grant Money that is available for a records retention grant. Ed Clark said it was a SARA Program for grant writing and records retention. Supervisor Teed said he talked with Stu Brown and he said there is money readily available and the odds are very good for getting money to renovate the old Town Court Building to meet our needs as far as keeping dry records and space. He said they will cover anything inside the building. He said they would not cover a roof or foundation, but they would supply money for filing cabinets, insulation, heating and air conditioning system. He said records are a big thing because of the number of years we have to keep them. He said the grant application has to be in by February 1, 2007. He said with the help of Charlie, Wayne, Ed and Steve, we are getting a plan drawn up and pictures to plead our case. He said it is an option we have to use the building at a minimal cost.
- Supervisor Teed asked Clerk Nieskes about a drop box for the Town Hall. Clerk Nieskes said many people have asked why we do not have a drop box at the Town Hall like the Village has at the Village Hall. She said people have expressed their concerns about getting to the Town Hall during working hours. She said they have said it would be so much easier to drop off water bills and taxes if there was a drop box available. Councilwoman Day asked if this box would be placed on the sidewalk. Clerk Nieskes said she did not think it could be put on the sidewalk; it would have to be put between the building and the bulletin board. Councilwoman Day said there is a drop box at the Court but that comes physically into the building. Clerk Nieskes said we would not be able to do that because the Town Hall is a historical building and we cannot alter the outside of the building. She said she was concerned about it being outside but she had talked to the Village Clerk and he had said they have never had a problem with vandalism. She said she did want to bring it to the Board’s attention because she promised the residents that inquired she would. Clerk Nieskes said it would be a huge help to people with dog licenses that cannot come to the Town Hall during our hours of operation.
Councilman Dole offered the following Resolution. RESOLVED that we purchase, up to $450.00, a drop box to be installed by the Town Highway Department. The motion was seconded by Councilwoman Day, who moved its adoption. 5 AYES. Carried.
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Bills
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Councilman Beechler offered the following Resolution: RESOLVED that,
- GENERAL "A" - #1-#26 IN THE AMOUNT OF $119,075.36,
- GENERAL "B" - #1-#9 IN THE AMOUNT OF $4,197.56,
- HIGHWAY. "DB" - #1-#14 IN THE AMOUNT OF $11,519.32,
- SEWER - #1 IN THE AMOUNT OF $52.41,
- WHITE RD. WATER DISTRICT – #1-#2 IN THE AMOUNT OF $475.92,
- RT. 96/488 WATER DISTRICT- #1-#3 IN THE AMOUNT OF $1,568.00,
- ORLEANS WATER DISTRICT - #1-#3 IN THE AMOUNT OF $1,239.40,
- SPAFFORD ROAD WATER DISTRICT - #1-#3 IN THE AMOUNT OF $328.60,
- MELVIN HILL WATER DISTRICT - #1-#2 IN THE AMOUNT OF $320.00,
- TRUST & AGENCY - #1-#2 IN THE AMOUNT OF $1,388.71 be paid.
The motion was seconded by Councilman Dole, who moved its adoption. 5 AYES. Motion carried.
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Open Forum
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DALE POLLOT, 7 S. DAYTON AVE., CLIFTON SPRINGS: Mr. Pollot asked if his concerns regarding the add-on wood furnaces would be put the minutes. Supervisor Teed said they would be included in the minutes. He said if you go to the Town of Manchester’s Board Meeting, you should tell them that you were here and voiced your concerns to us.
KATHY DUCHESNEAU, MELVIN HILL RD., PHELPS: Mrs. Duchesneau said everyone is use to having the Board Meetings the first Monday of the month, you might
want to put it in the paper because now even the Lyons Club Calendar is going to be screwed up. Supervisor Teed said it will be put in the paper.
Mrs. Duchesneau said regarding the moratorium of the external wood burners, what does that mean come July 1, 2007, what happens. Supervisor Teed said by then the Planning Board should have something as far as recommendations pertaining to the installation, where they can be used, where they cannot be used. He said we need to get some regulations in place for these units. Mrs. Duchesneau said once July 1st comes, then what do you do? Supervisor Teed said the Planning Board would make their recommenda-tions. Supervisor Teed asked Planning Board Chairman Don Springer if that was correct. Mr. Springer said if we did not have them completed, we would ask for an extension of the moratorium. Supervisor Teed said once the recommendations are made then a Local Law has to be done. Mrs. Duchesneau said you are messing with people trying not to buy fuel oil; it’s another way we can cut our heating costs. Chairman Springer said he recommends everyone come to the Planning Board Meetings if they have questions about anything because that is where you express your opinions and that is where you have input. He said while we are constructing these new codes, we need your input. Mr. Springer said we are going to review everything we can. Mrs. Duchesneau said if it does not get done in July and you have to extend it another six months, you will be into the fall and winter and people are not going to have the opportunity to install one of these. Mr. Duchesneau said you cannot do a perpetual moratorium. Mr. Springer said we are not going to do that, he said we will be working on this and if you are concerned about it, come to our meetings the fourth Thursday of every month at the Town Court/Meeting Facility. Mr. Duchesneau said this moratorium that you passed tonight is for external wood burners. He said that is very non-descript. He said if someone wants to go out this spring and boil some sap in the backyard to make syrup, that is external wood burning. He asked if there was a moratorium on that. Supervisor Teed said this is furnaces. Mr. Duchesneau said that is not what it says. He said you need to be a little more specific as to what this pertains. Supervisor Teed said no matter what you do, you are going to find a loophole somewhere. Mr. Duchesneau said this is just very non-descript the way it is worded. Mrs. Duchesneau said she does not want everybody being held back saying you can’t do this, you can’t do that. She said we are just trying to save a buck.
RICK ELDRIDGE, SMITH ROAD, NEWARK: Mr. Eldridge asked Highway Superintendent Featherly if they were all done with the tree work on Smith Road. Superintendent Featherly said they were taking all the trees out and leaving it bear. Mr. Eldridge said the trees do help with the snow blowing across the road. Superintendent Featherly said actually the trees restrict the snow from blowing across the road. He said if there are no trees there the snow will completely blow off the road and into the field.
Mr. Eldridge asked if the Town ever thought about putting bigger stop signs at Melvin Hill and Griffith Roads. Superintendent Featherly said he has 4 brand new signs. Mr. Eldridge said he is a school bus driver and he has watched many people go right through that intersection. Superintendent Featherly said it will be done.
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Next Town Board Meeting
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The next Phelps Town Board Meeting will be held Monday, February 12, 2007, at the Phelps Town Court/Meeting Facility, 1331 Rt. 88, Phelps at 7:00 PM
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Executive Session
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Supervisor Teed moved to go into Executive Session with the Town Clerk in attendance to discuss a personnel matter and possible litigation. Councilman Dole seconded the motion. Carried. The Board moved into Executive Session at 8:30 PM.
Councilwoman Day moved to come out of Executive Session. Councilman Mattoon seconded the motion. Carried. The Board came out of Executive Session at 9:35 PM.
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Adjournment
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Supervisor Teed called the Regular and Organizational Town Board Meeting back to order at 9:35 PM. Councilwoman Day offered the following Resolution. RESOLVED that, the meeting be adjourned. This resolution was seconded by Councilman Beechler, who moved its adoption. The Resolution was unanimously adopted.
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Time
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9:36 PM.
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Respectfully submitted,
Linda B. Nieskes
Town Clerk
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