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Throop Town Board Meeting February 17, 2018 Board Members Present: Supervisor Tarby Councilman Paczkowski Councilwoman Banas Councilman Vitale Councilwoman Young Town Members Present Code Enforcer Ladouce Zoning Officer Weed Water Operator John O’Connell Dog Warden Schillace Town Clerk Malenick The meeting was called to order at 8:02 a.m. with the pledge of allegiance. The minutes of the last meeting were reviewed for omissions or errors. Councilman Vitale made a motion to accept the minutes as written Councilman Paczkowski seconded the motion. The motion passed unanimously The following reports were read: Clerks report Councilman Vitale made a motion to accept the clerk’s report. Councilman Paczkowski seconded the motion. Highway report Codes and Zoning Assessor’s report Public Forum Engineer Paul Chatfield and John Hinman a project engineer, presented the bid for the Turnpike Rd project. There were 3 bidders for the Turnpike Road water line replacement project. Highlander Construction was the low bidder at $284,136.00.Ramdsco came in 2nd at $337,250.00 and RB Robinson 3rd at $367,990.00. Mr. Chatfield stated he has worked with Highlander before and is very comfortable that they will do a good job, and recommended the Town Board accept the bid, and pass a resolution accepting the bid received from Highland Construction. ---PAGE BREAK--- Supervisor Tarby asked why the bid was higher than anticipated. Mr. Hinman stated the job was much more difficult than anticipated. The road side has a small shoulder making navigation very restrictive. Also Turnpike Road is a very busy road. The traffic will need to be controlled via a light system. Councilman Paczkowski questioned the numbers on the bid wondered why they varied so greatly. Mr. Hinman explained it has to do with each company’s bidding practices, some areas they may have different equipment making some things easier than others to navigate. Supervisor Tarby asked Mr. Chatfield if the higher bid was a result of a plentitude of work in NY State right now. Mr. Chatfield explained that the by-pass piping was one of the reasons the bid was higher. The amount of work that is available wasn’t necessarily the reason for the higher bid, but the complexity of the job. Water Operator John O’Connell spoke about the bypass process and a few changes to the piping that were made to the project also contributed to the higher bid. The anticipated kick off will be sometime in April. Mr. O’Connell stated the Town has had 4 water breaks in that area recently and this replacement is very much needed. Attorney Chirco recommended paying by bond anticipation note, to pay for the project. Once the bid is awarded the Town should have a date the money will be available. The April meeting is when he suggested the money should be requested and the resolution for funding be made. Supervisor Tarby made a motion to award the bid to Highlander Construction in the amount of $284,136.00. Councilman Vitale seconded the motion. The motion passed unanimously. Public Hearing regarding Solar Moratorium. Attorney Chirco stated the solar moratorium will last 6 months while working through the law. The moratorium cover’s all solar energy. Attorney Chirco stated the moratorium indicates that no permits or certificate of occupancies, approvals or variances, may be issued by any zoning officer in the Town of Throop. It doesn’t distinguish; it just states no permits will be issued for 6 months Tom Lipiska asked for clarification on the moratorium, was Attorney Chirco saying that no one can put solar panels up at this time? Attorney Chirco stated that nobody can issue permits at this time. Mr. Lipiska argued that permits aren’t required. Attorney Chirco stated the Town is placing the moratorium for 6 months, in order to get protect and provide guidelines for any solar projects in the future. Attorney Chirco indicated that there has been a very small amount of interest in solar energy in the Town thus far. The Town Board is preparing for the future, when solar will be much more widely available. Councilman Vitale indicated that people have approached some of the farms around the Town, and when the property owner questioned what happens when the solar company is done with the area, who returns it back to the original state, there was no accountability. ---PAGE BREAK--- Supervisor Tarby made a motion to pass the moratorium. Councilman Paczkowski seconded the motion. The motion passed unanimously. Attorney Chirco stated the moratorium will be valid until August. Old Business Supervisor Tarby asked Attorney Chirco if he had received a letter from the Water Authority about the hook up at Sawyer Park. Attorney Chirco stated he had not. Supervisor Tarby said Herb Marshall who is on that committee, spoke to him and said he recommended that they enter into an agreement with the Town, but stated a letter was coming from their attorney to Attorney Chirco to share with the Board at this meeting. In the meantime Jeanine Wilson contacted Supervisor Tarby about the intent of the request. The intent being if either party needs the water from each other it would be available both ways, rather than shutting down customers access to fix water breaks etc. Attorney Chirco said he would reach out to the water authority and see what he can find out. New Business At the end of the year, the Board reviews all the accounts and transfers to and from accounts as recommended by the bookkeeper. The transfers must be approved by the Board before the monies can be transferred. Angie (book keeper to the Supervisor) stated that the approved transfers have been completed and must be kept with the minutes. Supervisor Tarby made a motion that the approved transfers for the year ending 2017 have been completed, and must be kept with the minutes. Councilman Vitale seconded the motion. The motion passed unanimously. Port Byron after Prom sent a request for a donation for the after prom party. Supervisor Tarby made a motion to donate $200.00 to the after prom. Councilman Paczkowski seconded the motion. The motion passed unanimously. Public Forum Fran Lasagna stated she did not receive her water bill for the second consecutive billing cycle in a row. Supervisor Tarby stated The Town sent out 310 bills all at the same time. Mrs. Lasagna said none of her neighbors received a bill either. Supervisor Tarby said he would wave her penalty charge. A motion was made by Supervisor Tarby to enter executive session to discuss pending litigation at 8:36 a.m. Councilwoman Banas seconded the motion. The board reconvened at 9:27 a.m. Supervisor Tarby made a motion to appoint Laurie Lawson at a salary of $4000.00 as Court Clerk. Councilman Vitale seconded the motion. The motion passed unanimously. ---PAGE BREAK--- General Fund Vouchers # 402 -#422 in the amount $7089.81 of were reviewed for payment. Councilman Paczkowski made a motion to pay Vouchers # 402 -#422 in the amount $7089.81 Councilman Vitale seconded the motion. The motion passed unanimously. Highway fund Vouchers # 278-#290 in the amount of $11,254.17 were reviewed for payment. Councilman Paczkowski made a motion to pay Vouchers # 278-#290 in the amount of $11,254.17 Councilman Vitale seconded the motion. The motion passed unanimously. Water District Vouchers # 228-#238 in the amount of $9254.61 were reviewed for payment. Councilman Paczkowski made a motion to pay Vouchers # 228-#238 in the amount of $9254.61 Councilman Vitale seconded the motion. The motion passed unanimously. SW1 District Vouchers # 200-#206 in the amount of $1808.13 were reviewed for payment. Councilman Paczkowski made a motion to pay Vouchers # 200-#206 in the amount of $1808.13. Councilman Vitale seconded the motion. The motion passed unanimously. With no further business at hand, Supervisor Tarby made a motion to adjourn. Councilman Vitale seconded the motion. The motion passed unanimously, the meeting was adjourned at 9:36 a.m. Respectfully Submitted; Kathy Malenick Throop Town Clerk ---PAGE BREAK---