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1 Throop Town Board March 17, 2018 Board Members Present: Supervisor Tarby Councilman Paczkowski Councilwoman Banas Councilman Vitale Councilwoman Young Town Officials Present: Highway Superintendent McBride Kathy Malenick, Town Clerk Attorney Norm Chirco Supervisor Tarby called the meeting to order at 8:01am opening with the pledge of allegiance. A motion to accept the minutes as written for February as accurate and true was made by Councilman Vitale. Councilman Paczkowski seconded the motion. The motion passed unanimously. Supervisor Tarby read the following reports: Town Clerk’s Report submitted by Town Clerk Malenick A motion was made by Councilman Vitale to accept the Clerk’s report as written. Councilman Paczkowski seconded the motion. The motion passed unanimously. Highway Report submitted by Highway Superintendent McBride Assessors Report Old Business Highway Superintendent McBride spoke to Attorney Chirco about an incident involving John Gilmore while plowing McDonald Road, and a Town resident. Superintendent McBride stated that while Town Employee John Gilmore was plowing the road, a vehicle coming the other way went into the shoulder of the road. The man driving the vehicle pulled over and Mr. Gilmore stopped the plow to see if the man was alright. The man approached Mr. Gilmore, accusing him of pushing him off the road. Mr. Gilmore stated he cannot go any farther over, and there was room to pass. Mr Gilmore asked the gentleman if he was stuck, if so he would help him get out. The man indicated he was not stuck, but did not ---PAGE BREAK--- 2 appreciate being “run off the road” Mr. Gilmore apologized and reiterated that he had nowhere to go, and there was room for both vehicles to pass. The man was not settling down, so Mr. Gilmore got back in the Town Truck and was preparing to leave. The man ran after Mr. Gilmore and flung the door open, springing the hinges on the brand new plow truck. Mr. Gilmore had a difficult time closing the door, and proceeded to call Superintendent McBride to report the incident. Superintendent McBride then called the State Police who came out and made a report. The man ran off before the police came, however Mr. Gilmore knew where he worked and gave that information to the police. Since the incident, Superintendent McBride has been advised the DA did not want to pursue the matter any further, and was wondering what the Town’s options were for holding the man responsible for the damage he did on the Town Truck. The estimated damage was about $500.00. Attorney Chirco stated they could sue the man in civil court for damages. He asked for the estimate for repairs and stated he would also speak to the DA. Public Forum Mrs. Robinson wanted to know if the Town would donate something towards the annual Easter egg hunt held by the Throop Auxiliary. Board Member Paczkowski made a motion to donate $200.00 to make Easter Baskets for the Throop Auxiliary Easter Egg Hunt. Councilman Vitale seconded the motion. The motion passed unanimously. Town of Throop resident Tom Lipiska asked what the procedure was when a variance is denied and referenced the barn under construction on State Street Road. Supervisor Tarby stated once the appeal is denied, and goes into litigation, it comes back to the Town Board, and subsequently is handled by Town Attorney Norm Chirco. They review the case and decide if they want to litigate, or not. Attorney Chirco explained that the New York State Department of Agriculture& Markets sent a letter to the Town Supervisor, as well as the Zoning Board of Appeals Chairman Dan Szozda, stating that the Town is unreasonably restricting Sonny Hill Farms from being able to store and maintain farming equipment on their property. They pushed it further saying if we continue to restrict this farm, they will step in and litigate the issue and pursue it further. This would cost the Town Taxpayer’s a lot of money. The Town opted not to go into litigation, and ordered the permit be issued. Mr. Lipiska stated he heard conflicting reports from the Zoning Officer and Zoning Board of Appeals. He went on to say both entities stated they had no control over the decision. Attorney Chirco confirmed they did not have control. The State stepped in and said unless there is a health or safety issue, you cannot restrict a farm from putting a building where it is needed. Supervisor Tarby then stated because Zoning Officer Weed was overruled by the State and consequently the Town Board; that he took it personally, and it created hard feelings. Mr. Lipiska asked who was responsible for changing the zoning laws. Attorney Chirco stated the Town Board ultimately changes the zoning laws based on recommendations. Attorney Chiro explained that the Zoning Board of Appeals is set up so if you have something you want to do on your property, and the zoning doesn’t allow it, you can appeal to the Zoning Board of Appeals. Mr. Lipiska said he asked the Chairman of the Board of Appeals what was going on with the barn on March 4th and he (Dan Szozda) had no idea what was going on with it. Supervisor Tarby stated the Chairman was also copied in the letter from the State, which Mr. Lipiska stated he knew, but stated that was the only thing he was aware of. ---PAGE BREAK--- 3 Supervisor Tarby told Mr. Lipiska that the Zoning Board of Appeals did not have all of the relevant material presented to them, and had they had that material, their decision would have been different. Attorney Chirco stated he did not believe that Mr. Lipiska was misinformed; He believes Mr. Lipiska just didn’t have the whole story. Councilman Vitale stated Mr. Schillace still could have built the barn regardless, as he owns the property surrounding the barn on all sides, including the house beside the barn. All that would have needed to happen, is he split the parcel. Supervisor Tarby stated the Zoning Officer took it personal that the State over ruled his decision. Mr. Lipiska was satisfied that there was no wrong doing. Councilman Paczkowski stated this was the very first time the town board overruled the ZBA. Supervisor Tarby stated that The Town has a 2009 Ford that may possibly have some engine issues. The Town Highway Superintendent thought it best to list the Truck on Auctions International as opposed to trying to sell the truck outright. Supervisor Tarby agreed. The Truck is now listed on Auctions International. Councilwoman Young thanked the Town for allowing her to go to the Association of Towns conference. She stated it is an eye opening experience when she hears how bad other Towns are. Attorney Chirco stated he too was very grateful for being allowed to go as well. Water Operator John O’Connell said the water is in very good condition, we are well in compliance with the lead and copper testing and all reports are up to date and good. The new water line will be starting soon and The Town of Throop will have almost all newer water lines once finished. A motion is needed to enter into a contractor agreement with Chatfield Engineers for the water main project on Turnpike road, for $284,000.00. Councilman Paczkowski made a motion to enter into a contractor agreement with Chatfield Engineers for the water main project on Turnpike road, for $284,000.00, Councilman Vitale seconded the motion. The motion passed unanimously. Councilman Paczkowski made a motion to allow Supervisor Tarby to sign on behalf of the Board. Councilman Vitale seconded the motion. Supervisor Tarby abstained. The motion was passed. Councilwoman Young discussed the great need for a playground of some sort to be put at the Sports Complex on Beech Tree Road. The children are playing in hazardous areas such as the parking lot and the septic system, because they have nothing to do. Councilwoman Young stated she, Councilwoman Banas and Town Clerk Kathy Malenick have been working with a few playground companies, trying to find the best fit in consideration of the square footage available and with as few disruptions to the Soccer fields already in use. When narrowed down, the best playground for the area, and price were discussed and presented to the Board. Councilwoman Young made a motion to propose the playground with multi-age use to be paid out of reserves. In the amount of $50,316.52 the grand total includes play equipment and installation only. Site work and safety surfacing is to be done by the Town. The pricing contingent upon the NJPA contract. Councilman Vitale seconded the motion. The motion passed unanimously ---PAGE BREAK--- 4 General fund Vouchers # 423- #442 amounting to $7911.33 were reviewed for payment. Councilman Paczkowski made a motion to pay Vouchers # 423- #442 amounting to $7911.33 Councilman Vitale seconded the motion. The motion passed 4-0 with Councilwoman Young abstaining. Highway Vouchers # 291-#299 in the amount of $5417.57 were reviewed for payment. Councilman Vitale made a motion to pay Vouchers # 291-#299 in the amount of $5417.57 Councilman Paczkowski seconded the motion. The motion passed unanimously Water Vouchers #239-#245 amounting to $ 11,698.47 was reviewed for payment. Councilman Paczkowski made a motion to pay Vouchers #239-#245 in the amount of $ 11698.47. Supervisor Tarby seconded the motion Councilman Vitale abstained. Water District #1 Vouchers # 207-210 in the amount of $ 1893.52 were reviewed for payment. Councilman Paczkowski made a motion to pay vouchers # 207-210 in the amount of $ 1893.52 Councilwoman Banas seconded the motion. The motion passed unanimously. Dumpsters will be the first weekend in May The May Senior Dinner was planned for May 19th at 4:30 A motion to adjourn at 9:27 am was made by Councilman Vitale. Councilwoman Banas seconded the motion. The motion passed unanimously. Respectfully Submitted by; Approved by: Kathy Malenick Throop Town Clerk