MAY 14, 2018

MEMBERS PRESENT:Norman TeedSupervisor

Kent RidleyCouncilman

Ronald AllenCouncilman

William WellmanCouncilman

Linda Nieskes Town Clerk

Terry Featherly Highway Superintendent

ABSENT:Dennis KingCouncilman

PUBLIC ATTENDANCE:See listing in minutes book.

CALL TO ORDER:Supervisor Teed called the meeting to order at 7:00 PM.


ALLEGIANCE:Councilman Allenled the meeting with the Pledge of Allegiance.

APPROVAL OF THE Councilman Wellman, offered the following Resolution. RESOLVED that, the

APRIL14, 2018 TOWN April 14, 2018Regular Town Board Meeting Minutes be approved as

BOARD MEETING written. The Resolution wasseconded by Councilman Ridley, who moved its

MINUTES:adoption. Councilman Allen abstained from the vote because he was not at the meeting. 3 AYES, 1 ABSTAIN Carried.


RESOLUTION:Schedule Public Hearing on Local Law #3, 2018, Amending Chapter 115 Site Plan (see attached).

RESOLUTION:Accept Auditor’s Justice Court Audit (see attached).

RESOLUTION:Approve Standard Work Day and Reporting Resolution (see attached).

RESOLUTION:Approve Mowing Contract (see attached).

HIGHWAY:Highway Superintendent Featherly gave his report for the month of April 2018 (see attached).

HIGHWAY REPORT:Superintendent Featherly gave his report for the month of April 2018 (see attached).

Supervisor Teed said Superintendent Featherly stated that 2 of the trucks are in. He said you changedone that you bought. Superintendent Featherly said they got to VanBortel’s and when he looked it up and went to order the truck, it came up on the computer and it didn’t match the spec sheet that he gave him. He said he got on the phone and called


3 of the Board Members and asked them what they wanted him to do; go with the one on the specs or go with the other one. He said they told him as long as the price isn’t any different, go with the one we looked at. Supervisor Teed said unfortunately that voids the Resolution that we did; even though it is the same price. Superintendent Featherly said he thinks he did the right thing because he called the Board Members; you got to make a decision. Supervisor Teed said you should have called everybody. Superintendent Featherly said he got 3 of them, that’s a majority. Supervisor Teed said it does not matter. Councilman Allen said he was wrong. Superintendent Featherly said so what do you want to do? Supervisor Teed said it is an audit issue and either Barb or I could have told you not to do it. He said the Board Members aren’t familiar with that even though it is the same price. He said because the specs for all 3 of the trucks are incorporated into the Resolution. He said what we have to do is rescind the Resolution and then we will have to do a new Resolution, if the Board so desires. Clerk Nieskes said there is another problem. Supervisor Teed said yes, because we got invoices today and there are no numbers on them, just a total. He said the original spec sheets had all of the numbers

on the sheet. Superintendent Featherly asked how did you got the invoices; he didn’t bring anything up. Clerk Nieskes told him Bookkeeper Middlebrook got then in the mail. She said they have “Per Letter of Intent” on them and the letter of intent that she typed for him was not for the truck he got. She said it said a 2018 truck and you got a 2017 truck. She said for Bookkeeper Middlebrook’s purposes, if an auditor ever looked at it and she

paid it, it could be a real problem. Supervisor Teed said Bookkeeper Middlebrook brought this to his attention. Superintendent Featherly said well tell me what you want me to do.

Councilman Allen offered the following Resolution. RESOLVED that,

the Resolution that was offered at the Special Town Board Meeting on

April 24, 2018 be topurchase the 3 new highway trucks be rescinded.

The Resolution was seconded by Councilman Wellman, who moved

its adoption. 4 AYES. Carried.

Supervisor Teed asked the Board what they wanted to do moving forward.

Councilman Allen asked if we had the proper paperwork. Supervisor Teed said we do not. Councilman Allen said if we do not, we will have to wait until he gets the proper

paperwork. Superintendent Featherly said he might have that down at the Highway Department because when they deliver the new truck, they bring all that stuff. Supervisor Teed said we don’t have it tonight. Councilman Allen said if we don’t have it here,

then there is no sense going forward with it until we get everything and make sure all the paperwork is straight. He said he does not want anyone getting in trouble for saying yes

when the paperwork isn’t here. Superintendent Featherly said he went to the DMV today and got all of the paperwork to get everything on the road. Councilman Wellman asked to see the invoice. Superintendent Featherly said the 550 is on the ground. He said it is just at the shop getting all the stuff. He said what he did was he printed off a sheet for a truck that was sitting over at VanBortel’s in Farmington; so the salesman wrote right on there thisis the truck number. He said he went over and looked at the truck, came back, it waswhite, everything was the same. He said he didn’t go back to him because he thought everything was the same. He stated when he went back to order the trucks after


he gave the Board the specs; the salesman punched it into the computer and it kicked something up that wasn’t the right truck. He said the numbers did not match up for that vehicle. He said that’s whenhe got on the phone and started calling people asking what do you want me to do. Supervisor Teed said it would have taken a Board Resolution to change it anyway. Clerk Nieskes said you are also going down a year that is the other problem. Superintendent Featherly said we already said at the last meeting the year didn’t matter. He said this actual vehicle has more options. so when you get rid of it in 2 years, it will probably bring you more money. Clerk Nieskes said she understood that, but that is not the problem. She said the problem is we did a Resolution for a 2018 truck; you now have a 2017 truck so our Resolution does not match anything that goes with it. Supervisor Teed told Superintendent Featherly that he said the one he looked at was white; but this spec sheetsays red on it. He asked if they made a mistake. Superintendent Featherly said the red was my old one. Supervisor Teed said the spec sheet for the one you order says red. Superintendent Featherly said the number up in the corner of the spec sheet, that was the vehicle number. He said he didn’t catch the red on there because he said they were all white. Supervisor Teed said the best way to do it is 3 separate Resolutions; one for each truck. Councilman Ridley said we have the correct paperwork for 2 of them, correct. Supervisor Teed said yes.

Councilman Ridley offered the following Resolution. RESOLVED

that, the 2018 F350 and the 2017 F550 as per spec sheets be approved.

The Resolution was seconded by Councilman Wellman, who moved

its adoption.

VOTE:Councilman AllenAYE

Councilman RidleyAYE

Councilman WellmanAYE

Councilman KingABSENT

Supervisor TeedAYE


Superintendent Featherly said is it alright to drive the F150 or should we leave it parked.

Councilman Ridley said they are all registered. Superintendent Featherly said he went and got the plates today. Councilman Ridley said drive it. Supervisor Teed said they will have to wait until next month to be paid. Councilman Wellman asked if there was a way we could give Supervisor Teed authorization to approve the purchase of the 2017 Truck if we got the proper paperwork. He said he was looking out for Bookkeeper Middlebrook because she is paying for the 2 trucks in May and the F150 possibly in June.

Supervisor Teed said all 3 trucks would be paid in June.

MONTHLY REPORTS:Supervisor Teed said the Town Clerk’s, Assessor’s, Water Superintendent’s and Zoning Officer’s Monthly Reports were available for the Town Board’s review.


DISCUSSION WITH THEA) Supervisor Teed told everyone we have a Memorial Day Parade on Monday,

SUPERVISOR:May 28th. Line up for the Parade will be on South Wayne Street at 10:30 AM and the

Parade starts promptly at 11:00 AM, stopping at the War Memorial on Main Street and

again at the Pioneer Cemetery. We then go to the Rest Haven Cemetery for the

ceremony, weather permitting. If it is raining, the ceremony will be held at the

Community Center. Those participating in the parade this year will be:

Supervisor Teed, Councilmen King and Councilman Allen. We have to provide our

own transportation.

B) Supervisor Teed reminded everyone of the Sulphur Springs Festival Parade coming

up on Saturday, June 2nd. Lineup will be at 5:30 PM with the Parade starting promptly

at6:00 PM. There will be someone directing traffic and we will have to ask where we

go for line up. Those participating will be Supervisor Teed, Councilman King,

Councilman Wellman and Superintendent Featherly will drive his own truck.

C) Supervisor Teed said Cheryl Rogers of Falkey Road called to thank the Highway

Crew for cleaning up the big mess of stones in her yard from the winter snow plowing.

She said they did a great job.

D) Supervisor Teed said Bookkeeper Middlebrook sent a letter to the Phelps Village Board to find out what our issue are. He said he has talked to the Mayor and there are no issues. Superintendent Featherly asked if they were going to let us use their trailer. Supervisor Teed said he did not know. He said he thought perhaps the issues were between Superintendent Featherly and DPW Superintendent McAllister. Superintendent

Featherly said they get along fine. Supervisor Teed said he was concerned when he heard about the issue; so a letter was sent to the Village Board. He said the Mayor called him right away and assured me that there were no issues between the Town Board and the Village Board. He said he told him he was not aware of any; but wanted to make sure. Superintendent Featherly said that is good; so they shouldn’t have a problem letting us use their trailer then. He said he doesn’t think it is a Village Board issue. Superintendent Featherly said that is what DPW Superintendent McAllister told him. He said he went down and asked him and he said he had to take it to the Village Board. He said Superintendent McAllister came back and told him the Village Board said no.

E) Supervisor Teed said the 1st Grade Students at Midlakes have invited the Board

to their 31st Annual Memorial Day Performance on Thursday, May 24th at 1:00 PM at the

Primary School, 1500 St. Rt. 488.

NEXT TOWN BOARDThe next Regular Town Board Meeting will be Monday, June 11, 2018 at 7:00 PM. The

MEETING: meeting will be held at the Phelps Town Court/Meeting Room, 1331 Rt. 88, Phelps, NY.

OPEN FORUM:SupervisorTeedasked if anyone wished to address the Board.

PAT NICOLETTA, MRB: Mr. Nicoletta said he had a couple of things. He said they were directional drilling on Townline Road last week and he believes they are continuing on Townline Road. He said he talked to Joe Moss letting him know we were working on certain roads and the crew was working on Serven Road today. He said things are


certainly progressing. He said they are working with EFC to try to get all the paperwork in order to get the grant money. He said the $50,000 grant that we submitted has everything they require at this point. We are just waiting for that money to come back to the Town. He said the EFC money will probably start coming in around August or September. That has to go through the process.

He said as far as the Fort Hill/Melvin Hill Road Extension #2, all the income surveys

have been submitted as far as he knows. He said we can proceed working with the USDA to see what other information they are going to require and how we can move

forward. He said you are basically under the income threshold so there should be some grant money available. Supervisor Teed said it may not be coming; but we do qualify. Mr. Nicoletta said yes. Supervisor Teed said we were surprised that it came in under the threshold. He asked Mr. Nicoletta if we had enough of them. Mr. Nicoletta said yes, as of last week Bernard Donegan’s office indicated that we had the number we needed. He said we will work with USDA and get that information to them. He said we will then work on what grant money might be available through your eligibility. Supervisor Teed said he knew that Councilman King went out 2 more times trying to get those last few. He said people just do not want to let anyone know what their income is; even though we do not see them. He said we have enough signatures; so it can move forward. He said the income survey could lower their cost substantially. Mr. Nicoletta said the grant season has kicked in and last year the Town went ahead with an Engineer Planning Grant. He said that was unsuccessful; so we did follow-up information for Geneva and Phelps to apply for the Engineering Planning Grant and for sewer and water on Rt. 14. He said what we found out was the Grant Reviewers said if we did a joint application it would be a stronger application, with Geneva being the Lead. He said Geneva has authorized us to proceed and let the Board know we can submit the proposal for the joint application. He said it would be $750.00 for the Town of Geneva and $750.00 for the Town of Phelps to make that application. Supervisor Teed asked if he thought the Town of Junius would be

interested in this. Mr. Nicoletta said he can check with Ernie Brownell and see if they are interested. He said he has a meeting with him tomorrow afternoon so he will ask him.

Supervisor Teed said it might be better because you would have 2 Counties and 3 Municipalities working together.

Mr. Nicoletta said the other possible grant the Town might want to consider is the Parks Grant, for historical improvements to the Town Hall. He said he knew Supervisor Teed was talking to the County regarding a grant. Supervisor Teed said he has still not gotten an appointment with him. He said he would be on that again very quickly. He said the gentleman has done 600 of these grants and works strictly for the County. He said he would get back to Mr. Nicoletta on that. Mr. Nicoletta said we have a little time because he thinks the grants are due July 24th. Supervisor Teed said we do not want to be the last one either.

Councilman Wellman said he saw on Water Superintendent’s Water Report that the valve

did not solve the pressure issue on Melvin Hill Rd. Mr. Nicoletta said Derrick had a


conversation with Water Superintendent Vienna today. He said there seems to be some adjustment that needs to be made at the pump station and is coordinating that. He said that will be worked on further. Water Superintendent Vienna said he will probably have to have Ross Valve come in and do that. He asked if that is something the Town pays for.

Supervisor Teed said we will have to work that out. Water Superintendent Vienna said

DeBoover’s have not used a lot of water; maybe 4 days after we put that in; so it is kind

of hard to tell. He said when they use it, Overslaugh’s and Bankert’s are the ones that have had the issues. He said Mr. Bankert said it was not as bad, but it does cause an issue. Mr. Nicoletta said another thing we want to do is put the Data Reader out there

again so we know what is going on. He said he thinks if we can do some of those adjustments it will solve the problem.

JOHN OAKS, 2094 CO. RD. 6, OAKS CORNERS: Mr. Oaks said it is his understanding that we have a new Zoning Officer and a new Town Justice. He asked if that was correct. Supervisor Teed said we have a new Zoning Officer. Mr. Oaks again said he was told we had a new Town Justice. Drew Campbell, Code Enforcement Officer, stood up and introduced himself to Mr. Oaks. Supervisor Teed said Robert Gosper and Gary Fisher are still our Town Justices and have been for a long time. Clerk Nieskes told Mr. Oaks that we have a new Deputy Court Clerk. Mr. Oaks said the last 4 years he has been badgering you people on cleaning up down there in his neighborhood. He said 2091 and2097 Co. Rd. 6. He said those are in our little R1 zoning down there. He said he does not believe R1 zoning is differentiated from Town or Village of Phelps than it is Oaks Corners. He said those 2 places, the one is part of the Post Office and they just keep working on it. He said they changed the front door 6 months ago and they had it leaning against the house, when we had the windstorm a few weeks ago, it knocked the door down so now it is laying in the yard. Mr. Oaks said the other Zoning Officer told him that he could not go on private property. He said so he could not go to 2097 Co. Rd. 6 and investigate all the “crap” those people had on each side of their house and behind it. He said he could not go on their property. He said Mrs. Orloff owns that property the runsbehind there. He stated you do not need to go on their property; you can stand in my front yard and see it. He said he hoped with a new person maybe we can get something done down there. He said unfortunately when he built the house he put the dining room in facing the road. Mr. Oaks stated he has to look at that mess; and it is sickening when we have R1 zoning there. Supervisor Teed asked Code Enforcement Officer Campbell if he was familiar with this problem. Code Enforcement Officer Campbell said he is familiar with the VanCamp residence of which you have spoken. He said he has been violated twice and within the next week he will be receiving a Court Appearance for the current violations. CEO Campbell said he does have an accumulation of debris on the north and south sides of the residence. He said he cannot speak of the Post Office or the apartment there. He said he would look into that. He said all he can tell Mr. Oaks is we are attempting to move on with the VanCamp Residence. He said he knows you live with it and have to look at it. He said it is a time process. He said just please know we are on top of it and trying to take care of it. He said it is not as easy going through the Court System as it appears. Mr. Oaks said as long as he knows there is some movement on it; that is good. He thanked Code Enforcement Officer Campbell.