Town Board Meeting. May 11th, Supervisor Tarby Council woman Young Councilman Paczkowski Councilman Vitale Joanna Banas

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1 Town Board Meeting May 11th, 2016 BOARD MEMBERS PRESENT: Supervisor Tarby Council woman Young Councilman Paczkowski Councilman Vitale Joanna Banas TOWN OFFICIALS PRESENT: John Schillace Tom Weed Ed Ladouce Kathy Malenick Joe McBride John O Connell Attorney Chirco The meeting opened at 7:15 with the pledge of allegiance. The minutes to the previous meeting were reviewed for errors or omissions. Councilman Paczkowski made a motion to accept the minutes as written. Councilman Vitale seconded the motion. The motion passed unanimously. The Clerks report was read. A motion to accept the Clerks report was made by Councilman Vitale. Councilman Paczkowski seconded the motion. The motion passed unanimously. The following reports were read Codes and Zoning, Highway Report Old Business Martin Builders are requesting payment for addition to the Highway Dept. Building in the amount of, $23, Councilman Vitale made a motion to make payment Councilman Paczkowski seconded the motion. The motion passed with a 5-0 vote.

2 Town of Throop Water District 1 Extension 1 budget modification Whereas Town of Throop developed a budget for the Water District No. 1 extension #1 project based on estimates for the costs for various services, and Whereas the actual costs for these items were more or less in the budgeted amounts as follows; Net Interest, budget approved was $16,500.00, Using $10,890 resulted in a decrease of $ Land right of ways, budgeted $ Using $ resulting in a decrease of $ SEQR/NEPA Budgeted $12,000, using $ we had a decrease of $ Cultural Services, $10, was budgeted, Using $10, resulting in a decrease of $.22. Be it resolved that the Town Board hereby authorizes the balances in these budget line items to be reduced as shown above and be transferred to the contingency fund. A motion was made by Councilman Vitale. Councilman Paczkowski seconded the motion. The motion passed 5-0. Request to authorize final payment to Chatfield Engineer s for Rizzo Construction, for the installation of Water District 1 Ext. 1 pipeline and construction. This request was made to prevent complications and possible delays with the closing of the loan from Rural Development. It was further discussed that this motion be made with a clear understanding that Chatfield will withhold final payment pending potential adjustment to contract, and approval by Supervisor Tarby. Motion was made by Supervisor Tarby to authorize a payment not to exceed $15, to Chatfield to withhold until the following criteria is met to Supervisor Tarby s approval. 1) All Restoration is satisfactorily completed by Rizzo Construction. 2) All water related Issues are resolved per water operator satisfaction. 3) Reimbursement of water loss, stemming from water break on Powers Road is made to the Town of Throop. Councilman Vitale seconded motion. The motion passed 5-0 New business A letter dated 05/06/2016 regarding a concrete bridge in the Town of Throop has been yellow tagged. They have requested an evaluation by an engineer and a plan of action. (Curning Road). Highway Superintendent will head up the project linear feet of water line needs to be replaced from Turnpike Road to 7805 Powers Road. Several (at least 5) breaks have occurred along that location. Water Operator John O Connell said this is going to be difficult because of the limited right of way. This will result in a higher cost in repair because of the limited access. Councilman Paczkowsi asked if the Town Employees would do the restoration or would it go to bid and is there enough money for this? Supervisor Tarby stated they did have some of material

3 already, however more would be needed and this would have to go out for bid. Supervisor Tarby stated the money spent in repairing these breaks average per break and the Town can t continue absorbing these costs. Councilman Vitale made a motion to enter into an engineering agreement to see what the cost of this restoration would cost. Councilman Paczkowski seconded the motion. The motion passed unanimously 5-0 Sawyer Park Sawyer Park is in high demand. Councilwoman Young asked if there could be a two tier cost level for, residents and non-residents. Supervisor Tarby stated anything was on the table at the moment. After comparing costs to the Pavilion at the Firehouse which was estimated to be $ $ with no bathrooms, the rental fee for Sawyer Park was being highly considered. Councilwoman Young again stated she would like to see the town residents be able to rent the pavilion for as a perk for living in the Town. Supervisor Tarby hypothesized a scenario where someone from the Town of Throop rents the pavilion for an out of town resident, and the gathering goes awry. Who would be responsible? After consulting with Attorney Norm Chirco, it was determined that an agreement should be made up, with full disclosure that the resident renting the pavilion would be solely responsible for any mayhem (public defacing) or damages resulting in any gathering that took place during their rental agreement. Councilwoman Banas stated people have rented the pavilion for other non- resident people in the past. Also there have been problems with people that were already there, yet the Pavilion was rented for the day and these people refused to move. Councilwoman Young also hypothesized a problem in which a Corporation is holding an event there, and the town children can t access the park to play because of this event. Is this really the direction we want to move towards in the Town Supervisor Tarby agreed, but also stated the added revenue would be an added bonus in which we could reinvest into the park bringing additional equipment and upgrades. Councilman Paczkowski asked about a request for toys or handicap equipment for the park. Councilwoman Young indicated she had asked about that last year, as did Highway Superintendent McBride. Supervisor Tarby indicated this was something that would have to be discussed with NYMIR. Councilwoman Young stated if the Town was going to rent it to both residents and non-residents, the residents should be with a $50.00 return, and non-residents should be more. Supervisor Tarby stated they are spending monthly in a port a potty rental alone plus $30.00 a week to cut the grass. Factor in insurance (more people increases the potential for injury), garbage pickup and power washing the concrete floor and you are already operating at a loss. In his opinion $25.00 is unreasonable. Councilwoman Banas brought up a parking issue. Stating there is not enough parking area to sufficiently handle a corporate event. Councilwoman Young asked if a fence could be erected to prohibit people from parking on the adjacent lawn. Supervisor Tarby stated the cost would be extremely high. Attorney Chirco also indicated liability insurance should be provided by any corporation requesting rental of the pavilion. Councilman Paczkowski suggested residents and nonprofit, pay one price and corporations pay another price and the Town limits the cars. He also stated policies should be implemented towards sound equipment and other issues. Attorney Chirco stated in all the time he has lived across from the park, these issues have never come up, now that they have surfaced the hard thing to determine is what direction does the Town want to move towards 1) Keeping the park small and for local area members losing revenue? or 2) allowing it to be opened to Corporate,

4 and non-residents and while we may benefit from the added revenue, we may lose more than the revenue could ever replace in privacy. A motion was made by Supervisor Tarby to rent to Town Residents only for $75.00 with no more than 50 people. To be visited at a later date. Councilwoman Banas seconded the motion. The vote went as follows, Councilman Vitale, Councilwoman Banas, Supervisor Tarby all voted in favor and Councilman Paczkowski voted in favor with the following inclusion. A list of Guidelines for park rental be implemented and a contract drawn up with the guidelines clearly stated and signed by anyone entering in a rental agreement. Supervisor Tarby also added a possible questionnaire to area residents to get their input on it. Councilwoman Young voted against the fee, but then requested the funds be used to develop the park. Public Forum: Richard Jordan presented photos of Sitzer road. He said the condition is horrible and unsafe. He requested Highway Superintendent McBride come fix the area in front of his house. Highway Superintendent McBride stated he has been down that road several times, it is a dead end road and gets very little traffic, and he didn t think it needed immediate attention. Mr. Jordan then asked the Board for an exemption to have unlimited access to the dumpsters which were coming the following week. The Board denied the exemption stating they were not about to open exemption passes for anyone. Richard Jordan s assessment went up after he split his property. He stated he is the only person in Throop that has gone up 45%. He believes he is being discriminated against. Supervisor Tarby asked if he knew what equalization is. He stated he did and he believes Throop was 97% and made the other 3% up on him. Councilman Vitale stated the houses in Throop are selling above the assessed prices in Throop. Public forum was closed. A motion was made by Supervisor Tarby to go into executive session at 8:07 seconded by Councilman Paczkowski. Supervisor Tarby called the meeting back to order at 9:06 Highway Superintendent McBride requested a roller, and an excavator for areas he can t access. The board decided to consider the request, and gave Superintendent McBride their approval to actively seek the equipment and report back to them. In consideration for the Town Clerks additional hours; the town will authorize payment for Family coverage to be visited annually at the budget meeting. Vouchers # in the amount of 38, were reviewed. Voucher # 226 for was pulled pending further investigation. Councilman Paczkowski made a motion to pay Vouchers # & # in the amount of $ Councilman Vitale seconded the motion.

5 Vouchers # in the amount of $ were reviewed. Councilman made a motion to pay vouchers # in the amount of $ , Councilman seconded the motion Vouchers # in the amount were reviewed. Councilman Paczkowski made the motion to pay vouchers # in the amount of Supervisor Tarby seconded the motion. Councilman Vitale abstained. Vouchers # in the amount of were reviewed. Councilman Paczkowski made a motion to pay Vouchers # in the amount of $ Councilman Vitale seconded the motion. The motion passed unanimously. A discussion about the bathrooms at the concession stand was had, on whether to rent them out or not. It was determined that the bathrooms would not be rented, but may be re-visited in the near future. Motion to adjourn at 9:40 pm. Respectfully Submitted; Kathy Malenick Town Clerk