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TOWN BOARD OF GENOA January 10, 2018 ORGANIZATIONAL MEETING A Regular and Organizational meeting of the Town Board of Genoa, Cayuga County, State of New York was held at the Town Hall, 1000 Bartnick Road, Genoa NY on January 10, 2018 Present Lorie Sellen-Gross, Supervisor Paul Wheeler, Highway Supr. Cheryl Shields, Board Member Mick Piechuta, Code Enforcement Don Slocum, Board Member Brandon White, Board Member Al Board Member Sue Moss, Clerk The Regular and Organizational meeting was called to order at 7 p.m. by Supervisor Lorie Sellen-Gross with the Pledge of Allegiance to the Flag. Board Members and Slocum were sworn in to office by the Clerk. Attachments: A - Appointments B – Schedule of Salaries C – Pay Schedule D – Holiday Schedule E – Standard Work Day and Reporting Procedure F – Code of Ethics Attachment A APPOINTMENTS for 2018 a. Assessor: Heather Garner – six-year term expiring 12/31/2019 b. Attorney to Town: Thaler & Thaler (Guy Krogh) – one-year term expiring 12/31/2018 c. Board of Assessment Review: Five-year terms Stuart Underwood – 10/1/13 – 09/30/2018 Richard Harrison – 9/30/17 – 10/1/2022 George Nettleton – 9/30/17 – 10/1/2022 d. Code Enforcement Officer: Michael Piechuta – one-year term expiring 12/31/2018 e. Court Clerk: Claire Hebbard– term coincides with term of Justice – which expires 12/31/2019 f. Deputy Highway Superintendent: vacant g. Deputy Registrar of Vital Statistics, two year term: Lorie Sellen-Gross – term expiring 12/31/2019 h. Deputy Supervisor-Cheryl Shields – one year term expiring 12/31/2018 i. Dog Control Officer: Carl Collier – yearly contract expiring 12/31/2018 j. Dog Enumerator: Vacant one-year term expiring 12/31/2018 k. Registrar of Vital Statistics: Susan Moss – two-year term expiring 12/31/2019 l. Records Management Clerk: Lorie Sellen-Gross – one year term expiring 12/31/2018 m. Secretary to Town Supervisor: Nancy Niswender – one-year term expiring 12/31/2018 n. Superintendent of Highways: Paul Wheeler– two year term expiring 12/31/2019 o. Town Budget Director: Lorie Sellen-Gross – one-year term expiring 12/31/2018 p. Town Historian: Marilyn Mann – one year term expiring 12/31/2018 q. Town Payroll Officer: Nancy Niswender–one-year term expiring 12/31/2018 ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 2 Attachment B SCHEDULE OF SALARIES FOR 2018 a. Assessor: $17,914.00 annual salary pro-rated & paid at the end of each month b. Attorney to the Town: Per current contract at hourly rate, $200 c. Board of Assessment Review Member: $200.00 annual salary pro-rated & paid the last payroll of the year or when term expires d. Board of Appeals/Variance Member: $200.00 annual salary pro-rated & paid the last payroll of the year or when term expires e. Code Enforcement Officer: $9,650 annual salary pro-rated & paid at the end of each month f. Court Clerk: $6,500– annual salary prorated & paid at the end of each month g. Deputy Registrar of Vital Statistics $10 per service as received by the Supervisor h. Dog Control Officer: $3,600.00 year, per current contract, paid i. Dog Enumerator: $2.00/dog plus mileage at the town’s reimbursement rate j. Motor Equipment Operator: Ranges with time and a half over 40 hours, New pay rate starts with first new pay period after Organization Mtg in January. k. Motor Equipment Operator Part-time: $17.30 per hour with time and a half over 40 hours l. Registrar of Vital Statistics: $10 per service as received by the Town Clerk m. Records Management Clerk: $20.00 per hour not to exceed line item of budget n. Secretary to Town Supervisor: $8,850.00 annual salary pro-rated & paid at end of each month o. Superintendent of Highways: $51,500 annual salary pro-rated & paid on the 15th and 30th of the month except p. Town Budget Director: $1,200.00 annual salary paid on 12/15 q. Town Budget Director Assistant: $400.00 annual salary paid on 12/15 r. Town Clerk/Tax Collector: $15,150 annual salary pro-rated & paid at the end of each month s. Town Council Member: $4,000 annual salary & paid in a lump sum on 12/15 t. Town Historian: $1,500.00 – annual salary pro-rated & paid at the end of each month u. Town Justice: $8,000 annual salary pro-rated & paid at the end of each month v. Town Supervisor: $12,000 annual salary pro-rated & paid at the end of each month Attachment C TOWN OF GENOA 2018 EMPLOYEE PAY SCHEDULE FROM – TO PAY DATE FROM – TO PAY DATE 12/19/17 thru 01/01/18 1 - 01/04/18 06/19/18 thru 07/02/18 14 - 07/05/18 01/02/18 thru 01/15/18 2 - 01/18/18 07/03/18 thru 07/16/18 15 - 07/19/18 01/16/18 thru 01/29/18 3 - 02/01/18 07/17/18 thru 07/30/18 16 - 08/02/18 01/30/18 thru 02/12/18 4 - 02/15/18 07/31/18 thru 08/13/18 17 - 08/16/18 02/13/18 thru 02/26/18 5 - 03/01/18 08/14/18 thru 08/27/18 18 – 08/30/18 02/27/18 thru 03/12/18 6 - 03/15/18 08/28/18 thru 09/10/18 19 - 09/14/18 03/13/18 thru 03/26/18 7 - 03/29/18 09/11/18 thru 09/24/18 20 - 09/27/18 03/27/18 thru 04/09/18 8 - 04/12/18 09/25/18 thru 10/08/18 21 - 10/11/18 04/10/18 thru 04/23/18 9 - 04/26/18 10/09/18 thru 10/22/18 22 - 10/25/18 04/24/18 thru 05/07/18 10 - 05/10/18 10/23/18 thru 11/05/18 23 - 11/10/18 05/08/18 thru 05/21/18 11 - 05/24/18 11/06/18 thru 11/19/18 24 - 11/22/18 05/22/18 thru 06/04/18 12 - 06/07/18 11/20/18 thru 12/03/18 25 - 12/06/18 06/05/18 thru 06/18/18 13 - 06/21/18 12/04/18 thru 12/17/18 26 - 12/20/18 ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 3 Attachment D 2018 Town Holiday Schedule Monday, January 1, 2018 New Year’s Day Monday, February 19, 2018 President’s Day Monday, May 28, 2018 Memorial Day Wednesday, July 4, 2018 Independence Day Monday, September 3, 2018 Labor Day Monday, October 8, 2018 Columbus Day Tuesday, November 6, 2018 Election Day Monday, November 12, 2018 Veterans’ Day Thursday, November 22, 2018 Thanksgiving Day Tuesday, December 25, 2018 Christmas Day Section C Appointments 2018 BAR and Variance Board Information Board of Assessment Review: Five-year terms Stuart Underwood – 10/1/13 – 09/30/2018 Richard Harrison – 10/1/17 – 9/30/2022 George Nettleton – 10/1/17 – 9/30/2022 Variance Board and Terms Dale Sellen, 12/31/2018 Sue Bower, 12/31/2020 Joel Meade, 12/31/2022 Joe Wargo, Chairman, 12/31/2019 Chris Wilbur, 12/31/21 ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 4 Attachment E Standard Work Day and Reporting Resolution BE IT RESOLVED, that the Town of Genoa hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Work Day (Hrs/day or Hrs/month) Term Begins/Ends Participates in Employer’s Time Keeping System (Y/N) Days/Month (based on Record of Activities) Elected Officials Supervisor Lorraine Sellen- Gross 6/day 01/01/2018-12/31/2019 N 6 Appointed Officials Highway Superintendent Paul Wheeler 8/day 01/01/2018-12/31/2019 N Assessor Heather Garner 6/day 1/1/2014-12/31/2019 N Bookkeeper Nancy Niswender 12-15 hrs/mo 1/1/2018-12/31/2019 N Court Clerk Claire Hebbard 12- 14hrs/mo 1/1/2016-12/31/2018 N On this 10th day of January, 2018 Date enacted: January 11, 2018 (Signature of clerk) I, Susan B. Moss, clerk of the governing board of the Town of Genoa, of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 10th day of January, 2018 on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original. I further certify that the full board, consists of 5 members, and that 5 of such members were present at such meeting and that 5 of such members voted in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto Set my hand and the seal of the Town of Genoa (Name of Employer) (seal) ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 5 Affidavit of Posting Location Code: 06 Employer Name: Town of Genoa This document is an affidavit attesting that the Standard Work Day and Reporting Resolution was posted and available to the public for a minimum of 30 days. State of New York County of Cayuga Susan B. Moss, being duly sworn, deposes and says: (Town Clerk) 1. That she is the Clerk of the Town of Genoa. 2. That the posting of the Resolution began on January 11, 2018 and continued for 30 days. 3. That the Resolution is/was posted and available to the public on the Town’s: XX Official Sign Board XX Main entrance to the office of the clerk at The Town Hall 1000 Bartnick Road Genoa, NY 13071 Attachment F 2018 CODE OF ETHICS - TOWN OF GENOA 1. Definition. The term “Town Agency” shall mean any department or office of the Town of Genoa, New York. The term “Board” shall mean Town Board of the Town of Genoa, New York. 2. Rule with respect to conflicts of interest. No officer or employee of a Town Agency or member of the Board should have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of duties in the public interest. ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 6 3. Standards. a. No such officer or employee or member of the Board should accept other employment which will impair independence of judgment in the exercise of official duties. b. No such officer or employee or member of the Board should accept employment or engage in any business or professional activity which will require disclosure of confidential information gained by reason of official position or authority. c. No such officer or employee or member of the Board should disclose confidential information acquired in the course of official duties nor use such information to further personal interests. d. No such officer or employee or member of the Board should use or attempt to use an official position to secure unwarranted privileges or exemption(s) for anyone. e. No such officer or employee or member of the Board shall engage in any transaction as representative or agent of the Town of Genoa, New York, with any business entity in which the individual has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of official duties. f. An officer or employee or member of the Board should not by his conduct give reasonable basis for the impression that any person can improperly influence his or unduly enjoy his favor in the performance of official duties, or that he is affected by the kinship, rank, position or influence of any party or person. g. An officer or employee or member of the Board should abstain from making personal investments in enterprises which he has reason to believe they may be directly involved in decisions to be made by him or which will otherwise create substantial conflict between duty in the public interest and private interest. h. An officer or employee or member of the Board should endeavor to pursue a course of conduct which will not raise suspicion among the public that the individual is likely to be engage in acts that are in violation of the public interest. i. No such officer or employee or member of the Board employed on a full-time basis nor any firm or association of which such officer or employee or member of the Board is a member nor corporation a substantial portion of the stock of which is owned or controlled directly or indirectly by such officer or employee or member of the Board should sell goods or services to any person, firm, corporation or association which is licensed or whose rates are fixed by the Town Agency in which such officer or employee or member of the Board serves or is employed. j. If any such officer or employee or member of the Board shall have a financial interest, direct or indirect, having a value of ten thousand dollars or more in any activity which is subject to the jurisdiction of a town regulatory agency, a written statement must be filed with the Town Clerk attesting to such a financial interest in such activity, which statement shall be open to public inspection. ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 7 4. Violations. In addition to any penalty contained in any other provision of law any such officer, member or employee who shall knowingly and intentionally violate any of the provisions of this section may be fined, suspended or removed from office or employment in the manner provided by law. 1. Officers and Employees: Resolution 1-2018 APPROVAL ATTACHMENT A (a - q) On a motion of Board Member Slocum, seconded by Board Member Shields, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept ATTACHMENT A (a - q) Resolution 2-2018 APPROVAL ATTACHMENT B (a - x) On a motion of Board member Shields, seconded by Board member the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Attachment B (a - x) Resolution 3-2018 APPROVAL ATTACHMENT C On a motion of Board member Slocum, seconded by Board member White, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Attachment C Resolution 4-2018 APPROVAL ATTACHMENT D On a motion of Board member Slocum, seconded by Board member Shields, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Attachment D Resolution 5-2018 APPROVAL ATTACHMENT E On a motion of Board Member Slocum, seconded by Board Member the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Attachment E Resolution 6-2018 APPROVAL ATTACHMENT F On a motion of Board Member Shields, seconded by Board Member White, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Attachment F ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 8 Resolution 7-2018 APPROVAL SECTION C - BAR MEMBERS On a motion of Board member Shields, seconded by Board member Slocum, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Section C-Bar members Resolution 8-2018 APPROVAL SECTION C - VARIANCE BOARD MEMBERS On a motion of Board member Shields, seconded by Board member White, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Section C-Variance Board members Resolution 9-2018 APPROVAL OF AFFIDAVIT OF POSTING On a motion of Board Member Shields, seconded by Board Member Slocum, the following resolution was ADOPTED Ayes 4 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Affidavit of Posting 2. Town Board a) Resolution 10-2018 Be it resolved that the Genoa Town Board will continue with the practice of using the rules as outlined in the 2016 Town Law Manual until such time as the majority of the board feels that more specific rules are needed. Resolution 10-2018 APPROVAL RESOLUTIONS 10-2018 On a motion of Board member Shields, seconded by Board member Slocum, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Resolution 10-2018 b) Resolution 11-2018 Be it resolved that the Genoa Town Board shall convene for purposes of a regular Town Board Meeting on the second Wednesday of each month at 7:00 p.m. at the Genoa Town Hall, 1000 Bartnick Road, Genoa, New York. Resolution 11-2018 APPROVAL RESOLUTIONS 11-2018 On a motion of Board member Shields, seconded by Board member Slocum, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Resolution 11-2018 c) Resolution 12-2018 Be it resolved that the Auburn Citizen shall be designated as the official newspaper of the Town of Genoa for all legal notices. The Ithaca Journal will be used as ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 9 a backup. The Shopper and/or the Southern Cayuga Tribune may be used for non-legal announcements. Resolution 12-2018 APPROVAL RESOLUTIONS 12-2018 On a motion of Board member Shields, seconded by Board member Slocum, the following resolution was ADOPTED Ayes 4 Sellen-Gross, Slocum, White Nays 0 Resolved to accept Resolution 12-2018 3. Fiscal Matters a) Resolution 13-2018 Be it resolved that the official repository for the Town of Genoa Supervisor and the Town Clerk/Collector shall be the Cayuga Lake National Bank. b) Resolution 14-2018 Be it resolved that the Genoa Town Board authorizes the Supervisor to pay for public utility services such as gas, electric, water, sewer, fuel oil and telephone service as well as for postage, freight and express charges in advance of audit of claims. Claims for these payments shall be presented at the next regular meeting for audit. c) Resolution 15-2018 Be it resolved that the Genoa Town Board establishes a Town Clerk petty cash fund of $125.00. d) Resolution 16-2018 Be it resolved that the Supervisor is authorized to invest any available funds, consistent with Town obligations, on a timely basis in such manner that funds accrue the largest return for the Town and still comply with the requirements of New York State. e) Resolution 17-2018 Be it resolved that the Superintendent of Highways is authorized to spend up to $6,000.00 in aggregate from the Highway Department budget without prior approval of the Board. f) Resolution 18-2018 Be it resolved that any purchase by Town Officials or other Town employees other than the Superintendent of Highways in excess of $1,200 must receive Town Board approval. Emergency purchases in excess of $1,200 may be authorized by the Supervisor or the Deputy Supervisor. g) Resolution 19-2018 Be it resolved that any check rendered to the Town of Genoa and returned for any reason may be charged a $20.00 redemption fee. h) Resolution 20-2018 Be it resolved that the Deputy Supervisor be empowered to sign checks in the absence of and/or at the request of the Supervisor. i) Resolution 21-2018 Be it resolved that the Supervisor shall file with the Town Clerk within 60 days after closing of the fiscal year, a copy of the Annual Update Document to the state comptroller. Be it further resolved that the Town Clerk shall publish in the official newspaper, within 10 days, notice that said report is on file for public inspection in the Clerk’s office. Resolution 22-2018 APPROVAL RESOLUTIONS 13-2018 THROUGH 21-2018 On a motion of Board member Slocum, seconded by Board member White, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, White, Shields Nays 0 Resolved to accept Resolutions 13-2018 through 22-2018 The NYS amount for mileage reimbursement for 2018 is $.545 ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 10 Regular Meeting OLD BUSINESS The Board decided not to carry Cyber Breach insurance RESOLUTION 23-2018 APPROVAL OF December 13, 2017 MINUTES On a motion of Board member Shields, seconded by Board member White, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, Shields, White Nays 0 Resolved that the December 13, 2017 minutes be approved. RESOLUTION 24-2018 APPROVAL OF December 28, 2017 YEAR-END MINUTES On a motion of Board member Shields, seconded by Board member White, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, Shields, White Nays 0 Resolved that the December 28, 2017 minutes be approved RESOLUTION 25-2018 APPROVAL OF REMAINING 2017 BILLS On a motion of Board member Slocum, seconded by Board member Shields, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, Shields, White Nays 0 Resolved to accept the bills as presented RESOLUTION 26-2018 TRANSFER OF FUNDS On a motion of Board member Shields, seconded by Board member White, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, Shields, White Nays 0 Resolved that $117.73 be transferred from the Trust and Agency Account to the Insurance Account be approved SUPERVISOR’S REPORT Lorie Sellen-Gross RESOLUTION 27-2018 SUPERVISOR’S REPORT On a motion of Board member Shields, seconded by Board member White, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, Shields, White Nays 0 ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 11 Resolved that the December 2017 Supervisor’s Report be approved RESOLUTION 28-2018 APPROVAL OF BILLS On a motion of Board member White, seconded by Board member Slocum, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, Shields, White Nays 0 Resolved to accept the bills as presented CLERK’S REPORT Report on Revenues from Clerk’s Office for December 2017 Dog Licenses $ 72.00 ($81.00 total - $9.00 Ag & Mkts population control fund) Marriage License 17.50 Building Permits 214.00 Certified Copies 100.00 Disbursements for December Paid to Supervisor $ 463.50 Paid to NYS Health Dept 22.50 Paid to NYS Ag & Markets 9.00 RESOLUTION 29-2018 CLERK’S REPORT On a motion of Board member Shields, seconded by Board member Slocum, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, Shields, White Nays 0 Resolved that the December 2017 Clerk’s Report be approved HIGHWAY REPORT Paul Wheeler There was a manure spill on Indian Field Road. ASSESSOR REPORT Lorie Sellen-Gross Exemption Renewal and first time applications are due March 1 and I will continue in the collection and processing of the exemptions. I am also reviewing any assessment inquiries and concerns for the upcoming May 1 tentative roll. I will also be available to answer questions to the best of my knowledge about tax bills and refer questions to the appropriate person. Respectfully submitted, Heather Garner, Assessor ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 12 CODE ENFORCEMENT (December 2017) Hours: Regular – 10.0 Miles 0 PERMITS ISSUED: 17-49 Scott Const./D. Ketchum 10916 Rt. 90 Roof 17-03 Fee adjustment/T. Fessenden 983 FireLane #6 INSPECTIONS/VISITS: 0 COMMENTS/QUESTIONS/CONCERNS: - Answered question from residents about various topics - Started Yearly Reports. - Provided information to Town Clerk for County Treasurer Mick informed the Board that the Shufelt property is up for sale for taxes, the Porter house on Route 90 will be cleaned up and a new home is being built on Oberon. WATER Sue Moss 2,861,000 - total 92,290 - average NEW BUSINESS RESOLUTION 30-2018 ACCEPT System for Award Management GRANT On a motion of Board member Shields, seconded by Board member the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, Shields, White Nays 0 Resolved to accept the SAM grant RESOLUTION 31-2018 PERMISSION FOR SUPERVISOR TO SIGN Municipal Solutions, Inc. AUTHORIZATION TO PROCEED FOR WATER PROJECT On a motion of Board member Shields, seconded by Board member the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, Shields, White Nays 0 Resolved to give Supervisor permission to sign documents Lorie received a report from Pickard and Anderson regarding the landfill. No problems found. The US Census Bureau is conducting the 2018 Boundary and Annexation Survey (BAS) and is asking for volunteers. The Board will not be participating. Lorie has permission to sign the MBO work plan form for the MWBE The fourth quarter sales tax check was received ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 13 RESOLUTION 32-2018 APPROVED CONTRACT FOR TOWN ATTORNEY-GUY KROGH On a motion of Board member Slocum, seconded by Board member Shields, the following resolution was ADOPTED Ayes 5 Sellen-Gross, Slocum, Shields, White Nays 0 Resolved to approve town attorney (Guy Krogh) contract for 2018 There was a slight change to the 2018 budget tax rate. It went from 1.1726 to 1.1729. The Town assessments were changed by Real Properties. This did not cause any changes to the tax bills. RESOLUTION 33-2018 DETERMINING NON-QUALIFYING USE OF PUBLIC HIGHWAY KNOWN AS SILLS ROAD SPUR, DECLARING QUALIFIED ABANDONMENT THEREOF UNDER HIGHWAY LAW § 205, AND DIRECTING MATTER TO COUNTY HIGHWAY SUPERINTENDENT FOR HEARING AND PROCEEDINGS THEREUPON The following Resolution was duly presented for consideration by the Town Board: WHEREAS, many years ago Sills Road was re-designed and Sills Rd Spur South ended with a Dead End leaving an old spur line that served as a driveway to a residence and remained connected to such intersection; and WHEREAS, such spur was once declared as part of the public highway system of the Town of Genoa, but for longer than on average for over two years, no more than two vehicles have used such spur other than the occupants of the home and an occasional usage of farm equipment to plant and reap crops by a local farmer on the adjacent property of such spur; and WHEREAS, Highway Law § 205(2) permits a Town Board to determine whether the requisites for a qualified abandonment have been met as to any portion of any highway, and thereafter make findings, a declaration, and to refer the matter to the County Highway Superintendent for proceedings and the issuance, if appropriate, of an order of qualified abandonment; and WHEREAS, the Genoa Highway Superintendent has monitored such roadway spur for years and has presented information to the Town Board supporting the qualified abandonment thereof, and the Town Board has reviewed the facts and information and determined that such roadway spur is not in use as a highway and therefore qualified for a qualified abandonment under law; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Genoa has hereby: RESOLVED, that the roadway known as the Sills Road spur, be and hereby is determined not to be wholly disused, but the portion of such roadway as described below has not been used or travelled along the greater parts thereof by more than 2 vehicles per day for the prior 2 years; and it is further RESOLVED AND DETERMINED, that the qualified abandonment thereof will not cause injustice or hardship as such roadway spur is not in use and has not been used for over 6 years, ---PAGE BREAK--- TOWN BOARD & ORGANIZATIONAL MEETING January 10, 2018 Page 14 but the same serves as an access-way or driveway to a private home located at 180 Sills Road as well as an access-way to a field adjacent to this private property owned by Ronald Powers and the qualified abandonment will preserve such access thereto; and it is further RESOLVED AND ORDERED, that the Town Clerk deliver certified copies of this Resolution to the Cayuga County Highway Superintendent and request that: said Superintendent conduct the proceedings required under Highway Law § 205; and (ii) declare and order the qualified abandonment of the entirety of the spur of the Sill Road, such section of road being more particularly described as follows: Sills Road Spur, length .12 miles, Survey 98-94 filed with the Cayuga County Clerk on May 21, 1998 showing start of spur up to southerly limits of Town Maintenance of road spur running from north to south RESOLVED AND ORDERED, that the Town Clerk also deliver a certified copy of this Resolution to the landowners upon each side of the portion of such road proposed to be qualifiedly abandoned: the same being determined from inspection and as based upon the last completed assessment rolls of the Town and the addresses of the said owners as officially listed therein: James and Sandy Strehle, 180 Sills Road, Locke, New York 13092; and (ii) Ronald and Brenda Powers, 280 Sills Road, Locke, New York 13092. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Shields, duly seconded by Councilperson Slocum, and put to a roll call vote with the following results: Councilperson Cheryl Shields aye Councilperson Al aye Councilperson Brandon White aye Councilperson Don Slocum aye Supervisor Lorie Sellen-Gross aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on January 10, 2018. Before the November 2017 election, Lorie was told by residents that they are concerned that there is nothing to do in the Town. Lorie asked the Board what they thought of offering bingo. She will talk with the Town attorney about this. Paul checked with AmeriGas and the Town's contract with them expires in May. With no further business, on a motion of Board Member Shields, seconded by Board Member Slocum, the meeting was adjourned at 8 p.m. Carried unanimously Susan B. Moss, Town Clerk