Minutes
July l4, l999

The regular meeting of the Genoa Town Board was held on Wednesday, July l4, l999 at the Genoa Firehouse. Officers present: Supervisor Hans Pecher; Councilpersons Ken Patchen, John Myers, Max Smith, Lorie Fessenden, Highway Superintendent Dave Powers; Water man Dave Reeves; Clerk Pat Burgman. Guests were: Don Potter, Robin Collier, Richard Woodhouse, Donald Slocum, Rick Phytila, Ron Marshall, Gene Reynolds, Dick Welse, Stuart Underwood, Doug Staley, Dorothy Long, Richard Harrison, Lorin Corell and Gordon Cummings. The meeting came to order at 7:40 with the Pledge to the Flag.

Rick Phytila appeared again about the ongoing conern of the Guy construction across from his residence. He said that the assessor had told him "it was too big and would have to be moved". A second survey of the Guy property has been done by an Auburn firm (Richard Wheeler) and the location of the structure was supposed to be "okey" according to that, he said. But Rich does not agree and is going to get his own survey done by Ralph Manzari to settle this, and asked who will pay for it. And, he asked who "settles it". John Myers informed him that Real Property Services is the entity and work IS being done toward resolution of the dispute. Also, the variance board will be meeting to discuss this.

Roger Conner spoke on the McKane property saying he understood it had been satisfactorily complete. If so, it should be inspected by Life Safety and the request for inspection has not been made. If the Order to Remedy HAS been satisfactorily addressed, then the case will close. If not, more will need to be done.

Lorin Correll presented a petition that about l00 signatures appeared on. This asked that Town of Genoa provide monies for the placement and maintenance of sidewalks (he estimates the cost would be $6000 per year), in the hamlets of Genoa and King Ferry; citing safety reasons for children and elderly citizens to walk. Robin Collier asked - what about those folks who have already gone to the time and trouble to place their own sidewalks? Board members asked who would keep the sidewalks and clean and shoveleed and what sort of ordinance would be necessary for enforcement. Lorin was asked if the parameters of the walkways have been defined, so costs could be accurately estimated. Not as yet. Hans pointed out that it is difficult to keep taxes down in the town, without adding special services continually.

At 8:00 the Public Hearing, as duly advertised, was open regarding consideration of an 8-month moratorium of the establishment of adult entertainment ventures in the Town of Genoa. Said period is to give the town sufficient time to consider permanent rules and regulations regarding placement, etc. of such establishments. Any interested party was invited to input as the regular meeting continued.

Supervisor Pecher pointed out that in June, we had talked about presenting 3 local laws at this hearing. The one for updating the codes is not ready yet and, after discussion with the assessor, second thoughts have come up regarding allowing early qualification for age 65 exemptions. The assessor will be asked to come to the August meeting and explain the ramifications of such a law.

Don Slocum, as head of the committee to consider revision of the local code rules, went over some of theproposed changes to the mobile home park law (#2 of l988), which would add some additional requirements. Such as further definition of what codes are to be met; setting up a fee schedule; provision for a public hearing prior to the issuing of a permit to establish a new mobile home park. These changes are currently in draft form and will be presented at a public hearing during the September l999 meeting. Lorie Fessenden made the motion that the Supervisor be authorized to contract with Attorney James Baker to update Local Law #2; second by Patchen; 5 aye votes. This law will be reviewed for content at the August session.

The minutes of the July meeting: motion for acceptance by Max Smith, second by Patchen; 5 Aye votes.

The Clerk gave her report for the month of July. Ken Patchen made the motion for acceptance; second by Lorie Fessenden; 5 Aye votes.

Highway Report by Dave Powers: The men have been working mainly on the Creek Road project. All the cross culverts are in and the gravel is in place. The old section that was oil & chip surface has been groundwith BoMag and calcium chloride has been added. Hopefull the oil and chipping can be done in the middle of August, when it's had a chance to settle. Albert Elser has been mowing roadsides. The shoulders in one section of Sills Road have been built back up and double oil & chip applied. The county moved the dozer for us and the work has begun on the safety berm at the well site; they've been hauling clay from John Myers' property for this. Our employees helped some other towns with their projects and they've returned the favor. Works very well for all, with the extra trucks. The walls to the new salt storage building are up and the building is supposed to be here on the l5th.

Dave Powers requested permission to attend the 70th Annual Highway Conference at Ellenville from Sept. 28 to Oct. l, l999. Motion for this made by Smith, second by Patchen. 4 Aye Votes (Myers temporarily away from the panel). Max, as head of Buildings and Grounds committee said he had looked the new construction over and was very pleased so far.

Fessenden reported on Programs & Communications. Swim program is underway with some 35 to 45 attendees daily and another l5-20 in the advanced swim program later in the day. This will run from July 6 to July 3l. We had one replacement in staff (Terry Hares in for Melanie Dunn who found other work). The Merry-Go-Round Playhouse had presented "The Emo\poer's New Clothes" in both Genoa and King Ferry with attendance 95 and l25, respectively. Excellent program. Lorie reports the l998 Grant program is now complete and she will be presenting her report in August. However, the requested funds for l999 were cut in half, leaving - she feels - not enough funds to do a proper job. In view of this, she asked that the matter be tabled until August to decide whether to accept or decline the grant and it so, what could be accomplished with the available monies. In order to complete the Town's Web Page, we had agreed to put the town's local laws on display, but time consideration mean Lorie cannot do this. On a motion from Fessenden, it is proposed to contract with Paul Mitchell at $8.00 per hour to get this work done. Smith seconded; 5 Aye votes.

Brent Chidsey came in to speak about his new construction of a manufacturing facility in the town. He has run into some problems on codes. He spoke positively about the code enforcement per se, and dealing with Carl Staley on this. The state code calls for cast iron plumbing throughout and he said he'd seen installation of a similar nature in the town where this part of the code was NOT enforced. Life Safety made it clear (Doug Staley) that we cannot "ease" such requirements and still be in conformance. Other installation had been done under teh aegis of previous enforcement teams. The laws state the town can make codes tougher, but it cannot make them easier than the State's. CarlStaley, John Myers and Brent will be meeting on this and go over the whole thing.

The Public Hearing on local Law #l of l999, a Moratorium on Adult Entertainment, closed at 9:00 p.m. Brief comments by the attorney. Ken Patchen made the motion the Board approve this measure as presented; second by Smith. Voice vote: Ken, Aye; Lorie, Aye, John Aye, Max, Aye; Hans Aye; duly passed. This Local Law will be filed with the Secretary of State and will take effect at the date of the State Dept's receipt of the paperwork.

The Supervisor's Report for May was reviewed and audited. Max Smith made the motion for acceptance; second by Patchen; 5 Aye votes.

The Supervisor pointed out that, since the Assessor we have also works for two other townships, from this point on the phone bills he incurs will be split equally among the municipalities using his services. Our assessor needs to attend an update session this summer. On a motion from Ken Patchen, this will be approved; second by Smith; 5 aye votes.

Dave Reeves reported on water concerns. Continuing dought saw our water usage for June at an average of 125,000 per day, down somewhat to 120,000 for July after we asked for public cooperation in conservation. Lightning hit the King Ferry tower on 7/3/99 messing up the telemetry; Dave repaired this only to have it happen again 2 days later. Now one of the cable pairs between the 2 towers is destroyed. We need, he feels, to look at updating the telemetry since we've already used the 'reserve' cable pairs that were available to us. He had to repair the variable speed well pump also, with parts from Texas and Tennessee. Word's received that NSGS and DEC wish to test the town water supply for pesticides. This is a state program and will not be charged back to the town, so we will accept the process. Dave reported on the findings of the hydrogeologists; 3 separate sites they have promises for additional water supplies. They propose a test drilling, monitoring and casings at these sites for a cost of $13000. Discussion. Lorin Correll asked what sort of quantity do we need: 50 gallons/min. would be okay, but l00 would be much better. Dave Reeves feels we should proceed with the explorations.

Don Potter gave a report on his committee's finding regarding the water supply. A copy is attached. He feels further work needs to be done before they could advise changing the rate schedule and indicated a willingness to continue.

Hans asked for Board input on whether to continue the exlporations for additional water sources. John Myers made the motion that we continue to work on sources by going first to the ball field, then to the north of the utility building; reserving decision on whether to try down by Bower's - a considerable distance away. Second by Patchen; 5 aye votes.

The bills were presented for audit and consideration as to necessary budget adjustments. These included G-87 to G-109 for $75l80.75; H-81 - H-94 for $33965.42 and WO-40 - WO48 for $3209.95. We need to check on the contract pricing of the Catoh Engineers billing. Ken Patchen made the motion the bills be paid as audited and such necessary adjustments be made; second by Myers; 5 aye votes.

There being no further business to transact, motion for adjournment came at l0:20 p.m., by Smith; second by Myers; 5 Aye Votes.

Minutes by Patricia A. Burgman, Clerk.