Minutes of the Regular Meeting of the Town Board of the Town of Kirkland held at the Town of Kirkland Municipal Building, 3699 NYS Route 12B, Clinton, Oneida County, New York on March 28, 2007, 7:00 p.m.
Present:
Supervisor Annette S. Foley
Councilman Robert J. Meelan
Councilman Harvey N. Yando
Councilman Nicholas S. Venero
Absent:
Councilman Michael D. O'Neil
Attorney for the Town, Anthony G. Hallak, Esq.
Also Present: Planning Board members: Howard Madden, Francis Lallier
James Cunningham, Operator, Clark Mills Wastewater Treatment Plant, Robert Galinski, Clark Mills Sewer District Maintenance, Luke Lewis, Developer
Supervisor Foley called the meeting to order and acknowledged Jennie Mulvaney, NYS Route 5. Mrs. Mulvaney asked Board members what was going to be done about the flooding on Route 5. She said the sluiceways should be cleaned.
Attorney Hallak responded that Mrs. Mulvaney is party to a Notice of Claim that is a potential threat for a lawsuit against the Town of Kirkland regarding flooding. The allegations are contained in the Notice of Claim. The claim is being handled by the Town's Insurance Council, and also subject to a trial. Attorney Hallak has directed the Town Board not to discuss the merits and actions involved in the lawsuit until the litigation is concluded.
Mr. James Cunningham, Operator of the Clark Mills Sewer Plant, gave a presentation on several options to upgrade the facility. There are two types of sewers: storm sewers and sanitary sewers. Part of the Clark Mills sewer system is a combined system, so when it rains a lot of the storm water enters the sanitary sewer and continues to the Treatment Plant to be processed. Roof drains and cellar sump pumps are illegally connected to the sewer lines and overloads the Treatment Plant. Leaks from ground water also enter the sewer system and the Plant experiences high water intake levels. All this infiltration makes it very difficult to treat the wastewater during wet weather events. The Plant is designed to handle 200,000 gallons per day. The dry weather flow is about 120,000 gallons per day, but the wet weather flow peeks up over one million gallons per day. The 2006 average yearly flow is 241,000 gallons per day, which is well over the designed flow. A plan for future growth and flow management must be submitted to the Department of Environmental Conservation by August 1, 2007 because the influent is exceeding the designed flow of the Treatment Plant. Mr. Cunningham suggested the following options: pump sewage to the Village of Clinton Wastewater Treatment Plant, clean the system, or expand the plant. He said camera televising is the best way to identify infiltration. Mr. Cunningham suggested that the Town Board needs to do an evaluation before they make any decisions. Robert Galinski suggested that the capacity of the plant should be expanded to solve the load problem and allow for future growth, and also look for and eliminate infiltration of water.
A motion was made by Councilman Venero, seconded by Councilman Yando to take a 5 - 10 minute break, before continuing with the meeting.
Upon the roll call vote, four voted aye, none opposed and the motion was declared carried.
A motion was made by Councilman Meelan, seconded by Councilman Yando to approve the minutes of March 12, 2007 as printed.
Upon the roll call vote, three voted aye, Councilman Venero abstained, none opposed and the motion was declared carried. (Councilman O'Neil absent)
Supervisor Foley received a letter from Mohawk Valley Water Authority regarding NYS Department of Health's position on the installation and use of water powered sump pumps. There is a risk of drinking water contamination depending upon where these water powered sump pumps discharge. Residents installing these sump pumps should contact the Mohawk Valley Water Authority for more information.
Supervisor Foley noted that Assemblywoman RoAnn Destito sent a letter to Governor Eliot Spitzer regarding the lack of water to the Mohawk Valley Water Authority for expansion of municipal water service to Towns in Oneida County. Governor Spitzer has acknowledged the letter and forwarded the correspondence to the appropriate members of his staff.
Jack Lane and Frank Savino, representatives of the Veterans of Foreign Wars & American Legion, called a meeting last Thursday night, regarding the Fourth of July parade. Mrs. Foley said that there will be a parade, funded by community people and there will also be fireworks in the evening. Supervisor Foley will organize the parade. She received a proposal from the Majestic Fireworks for the July 4th fireworks display. The Town has hired American Fireworks for the past sixteen years and will continue for 2007. The Town Attorney noted that a verbal contract was as binding as a written one, based upon past practice. Next year the Board can contract with any of the fireworks companies.
A motion was made by Councilman Yando, seconded by Councilman Venero to pay the bills as audited. Upon the roll call vote, four voted aye, none opposed and the motion was declared carried. The totals were:
A - $31,770.55, Claim #445-488, 533
B - $27,608.02, #489-508
DA - $48,102.97, #509-525, 527-532
DB - $276.50, #526
SS1 - $1,090.70, #534-538
A motion was made by Councilman Venero, seconded by Councilman Meelan to enter into executive session to discuss litigation, one threatening and one pending.
Upon the roll call vote, four voted aye, none opposed and the motion was declared carried.
A motion was made by Councilman Yando, seconded by Councilman Venero to adjourn the executive session.
Upon the roll call vote, four voted aye, none opposed and the motion was declared carried.
There being no further business to come before the Town Board, upon motion of Councilman Venero, seconded by Councilman Meelan the meeting adjourned at 9:00 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
