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Throop Town Board April 14th 2018 Board Members Present: Supervisor Tarby Councilman Vitale Councilwoman Young Absent Councilman Paczkowski Councilwoman Banas Town Officials Present: Dog Warden Schillace Code enforcer Ladouce Zoning Officer Weed Town Clerk Kathy Malenick Supervisor Tarby called the meeting to order at 8:00 am opening with the pledge of allegiance. A motion to accept the minutes for March was made by Councilman Vitale and seconded by Councilwoman Young. 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. Councilwoman Young seconded the motion. The motion passed unanimously. Highway Report submitted by Highway Superintendent McBride Kelsey Fiori from Nexamp gave a presentation about a solar energy program. Nexamp has a solar farm located in Tompkins County. Community residents are invited to participate in the program, at a cost savings on their energy bill of 10%. Open Public Forum A town resident launched a complaint about the property located next to Ed Ruwett’s house on North Division Street. The resident stated there is so much trash around the house; he has seagulls dropping dirty diapers from that location to his property. Several people began complaining about the same house and asked what could be done. Zoning officer Weed stated he has been in touch with the property owner and the owner stated he would clean it up. He has already taken 1 trailer full out and is trying to clean up the rest. Officer Weed stated the owner lives in Florida, and the property is a rental. Officer Weed stated the home owner has 2 weeks to get it cleaned up, or he will be issued a citation. ---PAGE BREAK--- The Town resident then stated if the problem wasn’t resolved, he was going to start shooting the seagulls. Councilman Vitale stated that was illegal, and urged him not to do that. Pick and Pull A Town resident asked where the Town stood on the pick and pull project. Supervisor Tarby stated he spoke to Chatfield Engineering, and suggested they should come to the Town of Throop to inform the Board of what was going on with the project. Supervisor Tarby stated he had no knowledge of where the project stood. Attorney Chirco stated the committee for the project appeared in front of the ZBA in Sennett last month and the ZBA referred them to the planning board, and there was some confusion about who goes first as far as that goes, so it then was referred to Cayuga County for review. It was then going to the ZBA, and then to planning. Attorney Chirco stated they are saying the Town of Throop has signed off and they have a letter verifying Throop’s sign off. Supervisor Tarby stated the Throop Board did not know about it. Attorney Chirco stated the Town of Sennett has the letter signed by Zoning Officer Weed, and Chairman Helzer from the planning board. Attorney Chirco stated the Town of Sennett has done everything they need to do to protect the integrity of the land and water including Cold Springs Creek. Attorney Chirco stated Pick and Pull has a very rigid operation of draining the fluids and the scrap metal. Supervisor Tarby asked Attorney Chirco where he stood on the Gilmore/Plow truck incident. Attorney Chirco stated he spoke to the DA and he wasn’t fully aware of the situation. When Attorney Chirco explained what happened the District Attorney wasn’t interested in pursuing criminal charges. Supervisor Tarby asked if we can get the guy to pay for the damages to the truck. Attorney Chirco stated he needed the estimate and would bill it out to the man that did the damage. New Business Zoning Officer Weed asked Supervisor Tarby about the letter he wrote addressing the Board. Supervisor Tarby then stated he would read the letter before entering executive session. The letter read as follows Dear Town Board Members This letter is a request that the Town Board allow me to convene a meeting with the members of the Zoning Board of Appeals and the members of the Town of Throop Planning Board for the purpose of updating the Town’s Zoning Maps and Districts. The Zoning Maps and Zoning Districts have not been updated since 1962. When the special committee did the update of the Zoning laws in 2012 it elected to keep the Zoning Districts and maps as they were. Tom Weed Zoning Officer ‘ Attorney Chirco stated that was a good idea and it would be helpful for everyone to be on the same page. Supervisor Tarby then made a motion to allow Officer Weed to convene a meeting with the Zoning Board of Appeals and Planning Board, for the purpose of updating the Zoning Maps and Districts. The motion passed unanimously. ---PAGE BREAK--- Supervisor Tarby announced there are 2 open seats on the Board of Assessment Review, and he has 2 candidates interested in filling those seats. The candidates are Gail Van Ditto, and Tom Lipiska. Supervisor Tarby stated Tom is very interested in assessments in this community and he thought he would be a good fit. Supervisor Tarby then made a motion to appoint Gail Van Ditto and Tom Lipiska to the Board of Assessment Review. The motion passed unanimously. Honorable Judge Mark Kubarek addressed the Board about his new Court Clerk Laurie Lawson. He stated she has put in over 30 hours of additional time to sort through the various mounds of mail and paperwork that was left unfiled and unaddressed. Judge Kubarek presented a list of her hours and asked the Board if they could pay her for all the additional hours she has put in. Councilman Vitale stated he knew the court had fallen short as of late and feels the new clerk should be compensated for the time she has put in. After some discussion, it was agreed the clerk would get a stipend reflecting the amount of hours she has worked. Supervisor Tarby made a motion to give the Court Clerk Laurie Lawson a stipend for the sum of $594.00. For an additional 33 hours already worked @ 18.00 per hour. Councilman Vitale seconded the motion. The motion passed unanimously. Supervisor Tarby made a motion to enter into executive session to discuss litigation at 8:40 a.m. Councilman Paczkowski seconded the motion. The motion passed unanimously and the Board entered into executive session. The Board reconvened at 8:53 am. Supervisor Tarby stated that the Town Board is no longer going to require, Town residents with a complaint, to sign a formal complaint before having it investigated. He stated the Board strongly feels, this practice results in fewer complaints for fear of retribution, and escalates the possibility of violence on one another, thus making it counter- productive. Attorney Chirco affirmed there is no legal requirement forcing anyone to sign a document to launch a complaint. Supervisor Tarby then stated any officer of the Town (excluding Judicial Officers) that files a letter on behalf of the Town, is required to copy Supervisor Tarby and the Town Clerk so the letters are on file; and everyone is aware of what is going on. He cited the Pick and Pull project; of which he had no knowledge of the sign off letter written by Officer Weed and Chairman Helzer. A motion was made by Supervisor Tarby to review the bills for payment General Fund Voucher’s # 443-#460 in the amount of 11,737.46 was reviewed for payment. Councilwoman Young made a motion to pay Voucher’s # 443-#460 in the amount of 11,737.46. Councilman Vitale seconded the motion. The motion passed unanimously. Highway Fund Voucher’s # 300-#313 in the amount of $10,144.34 was reviewed for payment. Councilwoman Young made a motion to pay Voucher’s # 443-#460 in the amount of 11,737.46. Councilman Vitale seconded the motion. The motion passed unanimously. Water Fund Vouchers # 246-#251 in the amount of $4258.75 were reviewed for payment. Councilwoman Young made a motion to pay Vouchers # 246-#251 in the amount of $4258.75. Councilman Vitale seconded the motion. The motion passed unanimously. ---PAGE BREAK--- SW-1 Vouchers #211-#214 in the amount of $1257.08 were reviewed for payment. Councilwoman Young made a motion to pay vouchers #211-214 in the amount of $1257.08. Councilman Vitale seconded the motion. The motion passed unanimously. With no further business at hand, Councilman Vitale made a motion to adjourn. Councilwoman Young seconded the motion. The motion passed unanimously. The meeting adjourned at 9:26 am. Supervisor Tarby announced the next Town Board Meeting will be held at 7:45 AM instead of 8:00. Respectfully Submitted Kathy Malenick Throop Town Clerk Absent: Councilman Paczkowski Councilwoman Banas