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 May 7, 2007, 7:00 p.m.
Present:
Supervisor Annette S. Foley
Councilman Robert J. Meelan
Councilman Harvey N. Yando
Councilman Nicholas S. Venero
Councilman Michael D. O'Neil
Attorney for the Town: Anthony G. Hallak, Esq.
Supervisor Foley called the meeting to order and asked all to stand for the Pledge of Allegiance.
Ronald Mortis, Sanitary & Sewer Inspector, made a presentation to the Town Board. He explained his duties and the procedure for obtaining a permit from the Town of Kirkland. Mr. Mortis reviews the Engineer's percolation test report and the design system of a sanitary sewer. After the system is installed, a final inspection is performed and final approval is granted. When a Sanitary Sewer Permit is approved in conjunction with a new dwelling, the Building Inspector is notified. Mr. Mortis checks the septic system placement in order to protect potable water in the area of the houses. He also responds to septic problem complaints and assists the Codes and Building Inspector.
Fire Code Inspector Gary Schreppel's presentation consisted of informing the Board in detail about the types of inspections that are performed: heating systems, electrical wiring, fire extinguishers, emergency lighting and designating outdoor smoking areas to name a few. He also instructs fire extinguisher training, fire safety training and assists with emergency response plans and fire investigations. Wherever there is a public assembly, such as day care, manufacturing buildings, stores, assisted living homes etc., Mr. Schreppel inspects these facilities annually.
Anthony Hallak, Attorney for the Town, reported that he has finished the review of the 103 page Stormwater Management and Wellhead Protection proposed local law. Each Board member received a copy of Mr. Hallak's seven pages of comments and concerns. Board members also received the final draft of the Illicit Discharges proposed local law.
Attorney Hallak noted that the code provision requires the Town to notify every property owner by mail for certain actions such as changing district boundaries, imposing particular regulations. A proposed amendment to the code would allow Town Board the discretion to achieve a notification by publication in the newspaper for three consecutive weeks and posting the Legal Notice in the Township.
Attorney Hallak reported that he sent a letter to the DAAR Development attorney regarding the condition of Brookside Drive, which the Town Board accepted conditionally. The developer was put on notice to make repairs, but they wanted to wait until it was developed. No development has moved forward and the guarantee and bond is going to expire. Attorney Hallak has put their Attorney, Carl Graziadei, on notice that the developers must submit a definitive plan in writing, and the bond and guarantee extended.
Highway Superintendent Jon Scott reported that the crew cut the shoulders of the roads and used a hydro seeder to plant grass and keep erosion under control. Mr. Scott is looking into purchasing a 5 year old sweeper for $70,000.
Police Commissioner Venero reported that there were 270 complaints in the month of April: 190 Town and 70 plus 3 others in the Village.
Councilman Meelan reported that bid specifications are being finalized for replacement of the roof at the Senior Citizen Center.
Councilman Meelan reported that the park is open and Friday will be the last day for spring ice at the Arena.
Supervisor Foley reported that the Senior Citizens held their annual banquet at Dibbles Inn.
Councilman O'Neil reported that Jim Cunningham is assisting with the RFP (Request for Proposals) for engineering services for the Clark Mills Wastewater Treatment Plant. A future growth management plan and a flow management plan must be prepared and submitted to DEC by August 1, 2007.
Councilman Venero reported that an engineer performed the SWOCO quarterly inspection and found some minor corrections to the fence and one well.
Board members reviewed the Safety Inspectors' reports for April.
Malcolm Pirnie, Independent Environmental Engineers, on behalf of Orkin Pest Control sent the Town a DEC Fact Sheet. The former Abalene Pest Control site at 108 McBride Avenue has been placed on the state's registry of Inactive Hazardous Waste Site #6-33-035 and it was designated as a class 2 site. A class 2 site is potentially a significant threat to public health and the environment and action is scheduled. Soil and groundwater samples collected at the site on several occasions from 1987 to 1992 identified the presence of pesticides, herbicides and metals in surface and shallow soil samples in excess of applicable standards. Orkin has, as an interim measure to limit site access and reduce potential exposure, fenced the site. A Remedial Investigation/Feasibility Study Work Plan will be conducted by Orkin, with oversight by the NYSDEC and NTSDOH. The investigation will begin in the spring of 2007 and likely be conducted over a one-year period. A Feasibility Study and Proposed Remedial Action Plan will be completed and available for public comment in the fall of 2008.
A letter was received from the Oneida County Board of Legislators. A committee was created to formulate a plan to position a County Planner who is capable to assist rural Towns in grant writing, master planning, zoning needs and other related issues. The committee wanted to know how a County Planner could assist the Towns in Oneida County. Supervisor Foley will look into the cost for such services.
Supervisor Foley received a request for fireworks display at a residence on Kirkland Avenue. Majestic Fireworks, Inc. is in charge of the fireworks display. A certificate of Liability Insurance for Majestic Fireworks was included with the request. The Supervisor noted that the Town can give no specific authorization.
RESOLUTION #15
Upon motion of Councilman Meelan, seconded by Councilman Venero the following resolution was presented:
RESOLVED, that the Kirkland Town Board approve the fireworks display at the residence of Vita Hale, 91 Kirkland Avenue, on May 19, 2007 pending approval by the Clinton Fire Department and the Kirkland Police Department. The Town of Kirkland will not be responsible and will be held harmless in the event of any claims of damage or injury.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
A motion was made by Councilman O'Neil, seconded by Councilman Yando to pay the bills as audited. Upon the roll call vote, five voted aye, none opposed and the motion was declared carried. The totals were:
A - $6,796.68, Claim #727-769, 802,806,813
B - $7,129.33, #770-774, (775 void), 776-787,805
DA - $20,351.98, #788-790, 792, 794, 795, 797-801, 803, 804
DB - $1,042.48, #791, 793, 796
SS1 - $6,759.34, #807-811
SS2 - $24.53, #812
There being no further business to come before the Town Board, upon motion of Councilman Venero, seconded by Councilman Meelan the meeting was adjourned at 8:10 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
