TOWN OF PHELPS REGULAR TOWN BOARD MEETING MINUTES

JULY 10, 2017

MEMBERS PRESENT: Norman Teed Supervisor

Carl Beechler Councilman

Dennis King Councilman

Kent Ridley Councilman

Ronald Allen Councilman

Linda Nieskes Town Clerk

Terry Featherly Highway Superintendent

PUBLIC ATTENDANCE: See listing in minutes book.

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

PLEDGE OF

ALLEGIANCE: Councilman King led the meeting with the Pledge of Allegiance.

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

JUNE 12, 2017 TOWN June 12, 2017 Regular Town Board Meeting Minutes be approved as written. The

BOARD MEETING Resolution was seconded by Councilman Beechler, who moved its adoption.

MINUTES: Superintendent Featherly asked that the minutes from June 12, 2017 be amended

to include the following comments regarding the Donald Pierce Property on Rockefeller Road:

“Superintendent Featherly asked if this was in the hands of the

Town Attorney. Supervisor Teed said it shouldn’t be if you

just put a pipe in, you have the right to put in another pipe.

After more discussion, Superintendent Featherly again said

I didn’t know if you had the Town Attorney involved in it.

Supervisor Teed said no, I do not yet.”

Councilman Allen moved to approve the June 12, 2017 minutes as amended.

The Resolution was seconded by Councilman Beechler, who moved its adoption. 5 AYES. Carried.

RESOLUTION: Approve Mowing Contract with Ontario Co. (see attached).

RESOLUTION: Approve Part-time Clerk Position for the Town Court (see attached).

HIGHWAY: Highway Superintendent Featherly gave his report for the month of June 2017 (see attached).

MONTHLY REPORT: The Town Clerk’s, Assessor’s, Water Superintendent’s and Zoning’s June 2017 reports were available for the Board Members’ review.

DISCUSSION WITH THE A) Supervisor Teed said we have the Sauerkraut Weekend Parade coming up

SUPERVISOR: August 5th, 2017. Line up for the Parade will be at 3:00 PM with the parade starting at 4:00 PM. Town Clerk Nieskes said she will let everyone know where we are lining up when she receives the information from the Parade Committee.

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Those attending will be: Supervisor Teed, Councilman Beechler, Councilman King, Town Clerk Nieskes will be riding on the decorated wagon. Councilman

Allen will be driving his own car and Superintendent Featherly said he will be doing something on his own.

B) Supervisor Teed said he, Councilman King, Councilman Ridley and Water

Superintendent Vienna attended a Joint Meeting with the Town of Junius and Town of Waterloo regarding the Rt. 14 Project. He said we were leaning toward approving the bids for materials this month, but because of our Grant Application with the Intermunicipal Grant that Governor Cuomo is promoting we are holding off. He said hopefully we will get something from that. He said he had talked to Gov. Cuomo’s Deputy Counsel in Albany and he was very positive on it. Supervisor Teed said this is a prime example of what the Governor is pushing for, as far as Intermunicipal cooperation on a project like this. He said because of that, you have to open it up to minority contractors. He said we might have to have a special Board Meeting to award the bids. He said he would let everyone know and it will be posted.

OPEN FORUM: Supervisor Teed asked if anyone wished to address the Board.

GUY DOWNEY, 2460 SCHROO RD, CLIFTON SPRINGS: Mr. Downey said he thanks the Water Department for putting the water in, he loves it; but he has a problem with his yard. He said he had standing water in his yard. He said a few years back we had a rainy summer and he was able to get down in there and mow after a couple of day. He said he hasn’t been able to mow that section at all this year. He said he is not sure where the water is coming from; but he has talked to Superintendent Featherly about it and maybe we can get new trenches over there along the road to divert it. Supervisor Teed asked if it is on his side. Mr. Downey said it is on his side. Superintendent Featherly said he would have to shoot some grades and see if we can pitch it. He said there is a ditch that runs along the road and goes back to the ditch where the water originally went. Councilman Ridley asked Water Superintendent if they may have hit some springs there. Water

Superintendent Vienna said before we went up through that area there was already water there. Councilman Ridley said he just thought maybe a tile had been hit. Water Superintendent Vienna said there is no tile there. Supervisor Teed said that whole hillside is springs. Mr. Downey said again that 3 or 4 years ago we had that rainy summer and he could go out in a couple days and mow the yard; but there is just no way this year. He said it has been since they finished last year and it seems something has been disturbed. He said if you stand at the edge of my driveway and go out about 80 feet from the road all the way down to my pond is saturated. Mr. Downey said Superintendent Featherly said something about maybe trenching it or something. Superintendent Featherly said he will shoot some grades and see if we got fall back the other way and then we can put it over to the ditch to the east. Mr. Downey said if something like that could be done, he would appreciate it. Supervisor Teed said it is up to Superintendent Featherly.

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DR. DAN GUTH, 1829 McBURNEY RD., PHELPS: Dr. Guth handed out maps of his property. Supervisor Teed said Dan lives on McBurney Road right across from Falkey Road. His property backs up to the Thruway. He contacted me because he would like to annex property in front of his house because his well sits on the right-of-way. Dr. Guth explained the map that was given to the Board Members. He said when they built the Thruway and relocated McBurney Road, the right-of-way is much wider than necessary. He said Superintendent Featherly has been out and he said he had also talked to Supervisor Teed. He said when he bought the property back in 1986; the Town did the same thing they had done with the Lead’s, the previous owners. He said the Town gave them a license for a dollar so we could use the well, even though it was on Town property. He said past Supervisor Mattoon did it for Lead’s and then did it for us. Dr. Guth said Ontario National Bank was pretty reasonable back when we got our mortgage in 1986. He said he did not know if lenders today would be as understanding. He

said we do have the property on the market. He said what he would like the Board to consider is annexing that little piece of property. He said depending on how the Town wants to do it, whether you want to do the entire road frontage which is 600 feet and we would move the pin forward and have it resurveyed. He said he has to have the property surveyed anyway. He said or if you want to do that little triangle that encompasses the well, whatever the Town sees fit would work for me. He said if we included that 600 ft. it would put that property back on the tax roll. Dr. Guth stated that Superintendent Featherly came out, looked at it and said there is no safety issue there. He said he is going to need an attorney for the closing anyway; so we could do a quick claim deed if that is what the Town wants to do or do an easement for that little corner but obviously it would be better for the future to get the well on the property. He stated the water is good. Supervisor Teed said he contacted the State, they looked in their records and he got an opinion from Jeff Graff. He said the Town does not own it, it would be a right-of-way, so we cannot deed anything over to you. Dr. Guth said in his deed it states: “NYS has no interest in this land and it is reverted back to the Town of Phelps”. He asked if the Town wanted the whole thing surveyed. Supervisor Teed said he would recommend the whole thing. Councilman Ridley said he did not know because he knows of a couple parcels that got added onto and they made them do a whole separate parcel. Supervisor Teed stated he would then own 2 pieces of property. Councilman Ridley said that is what they did with his parents. Dr. Guth said when he talked to Jeff and then Mr. Clark, the surveyor; the conversation they had was the easiest way would be to just do an easement. Councilman Allen said we should get a copy of what the deed states; that way we can keep it in our records. Supervisor Teed said if it is our right-of-way, we could give you a permanent easement; however he called the State again this afternoon and they do not show anything. Supervisor Teed said he would suggest that Dr. Guth’s lawyer sort that out. He said if it is easier to just give you a permanent easement, he has no objection to that. Councilman Allen said whatever is the easiest for everyone involved. Supervisor Teed said you would still have to get it surveyed. Dr. Guth said he has to do that anyway. He said for him, it might be easier if the Town just wants to grant me the permanent easement

and move that northeast pin 15-20 ft. so the well and waterline are on his property.

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He would be happy with that. He said it is whatever the Board wants to do; we will make it work. Dr. Guth said he will get in touch with an attorney and get this

going. He asked what exactly the decision is, the easement or the right-of-way. Supervisor Teed said let’s do the easement unless your attorney advises you differently; it will be simpler for you. Dr. Guth thanked the Board.

NEXT TOWN BOARD The next Town Board Meeting will be Monday, August 14, 2017 at 7:00 PM.

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

BILLS: Councilman Allen made the following Resolution. RESOLVED that

PREPAID GENERAL “A” - #208 - #214 in the amount of $6,307.09,

GENERAL “A” - #215 - #233 in the amount of $28,786.19,

PREPAID GENERAL “B” - #48 - #49 in the amount of $820.05,

GENERAL “B” - #50 - #54 in the amount of $13,006.29,

PREPAID HIGHWAY “DB” - #166 in the amount of $5,790.25,

HIGHWAY “DB” - #167 - #184 in the amount of $14,933.64,

REPAID SEWER - #22 in the amount of $295.51,

SEWER - #23 - #24 in the amount of $3,053.91,

WHITE RD. WATER DISTRICT - #11 - #13 in the amount of $2,845.05,

RT. 96/488 WATER DISTRICT - #27 - #32 in the amount of $10,578.73,

PREPAID ORLEANS WATER DISTRICT - #17 in the amount of $19.45,

ORLEANS WATER DISTRICT - #18 in the amount of $37.00,

SPAFFORD RD. WATER DISTRICT - #13 - #16 in the amount of $2,078.15,

PREPAID MELVIN HILL RD. WATER DISTRICT - #23 - #24 in the amount of $6,239.88,

MELVIN HILL RD. WATER DISTRICT - #25 - #27 in the amount of $4,336.00,

MELVIN HILL #1 EXT. - #29 - #31 in the amount of $5,936.00,

PELIS RD. WATER DISTRICT - #11 - #13 in the amount of $2,085.00,

PREPAID ORLEANS EXTENSION #1 (SCHROO RD.) WATER DISTRICT - #18 in the amount of $391.86,

ORLEANS EXTENSION #1 (SCHROO RD.) WATER DISTRICT - #19 - #20 in the amount of $2,065.00,

PREPAID TRUST AND AGENCY - #48 - #52 in the amount of $3,065.13 be approved.

The Resolution was seconded by Councilman King, who moved its adoption. Councilman King asked Superintendent Featherly about the bill for $2,954 for tire disposal. He wanted to know what exactly that was. Superintendent Featherly said it is for all the tires we pick up along the roads and off the equipment. He said they all end up out in the pit and so they cleaned up everything in the pit. Councilman King asked if they are still on the rims. Superintendent Featherly said some of them are. Councilman King wanted to know if they charge us more for the steel rims. Superintendent Featherly said he did not know for sure, he didn’t see why they would unless it is harder for them to get rid of them. He said he would have to go back and look at it. Councilman Ridley said it is pretty hard to get rid of tires; they have tripled their price this year. Councilman King

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asked how many tires he had. Superintendent Featherly said he had a mountain of them. He said it was by the load. Councilman Ridley said you got a good deal if it was by the load. Councilman King said he is not finding fault, it is just his curiosity.

Supervisor Teed said all in favor of paying the bills: 5 AYES. Carried.

ADJOURNMENT: Councilman Allen offered the following Resolution. RESOLVED that, the Town Board Meeting be adjourned. The Resolution was seconded by Supervisor Teed, who moved its adoption. 5 AYES. Carried.

TIME: 7:37 PM.

Respectfully submitted,

Linda B. Nieskes

Town Clerk