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 June 27, 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 opened the Public Hearing regarding a Petition for Waiver of Application of Local Law No. 2 of 2006, Wind Energy Conservation Systems Moratorium Law. Mrs. Foley read the Notice of Public Hearing, which was published in the June 13, 2007 edition of the Clinton Courier, and has been made a part of these minutes.
Approximately 46 people attended the Public Hearing.
Attorney Hallak explained that the Town imposed a moratorium on the construction of windmills in November 2006. Fundamental to the concept of a moratorium, an individual with a pending application be afforded the opportunity to demonstrate that they can still proceed with their project. It is recognized as a legal right by the NYS Court of Appeals which states that we must balance the rights of the municipality versus the rights of the individual and the public. Spring Farm Cares has filed an application to be exempted from Local Law No. 2 of 2006. The Application or Petition for Waiver and submissions were received for filing by the Town Board and on record with the Clerk of the Town of Kirkland. Attorney Hallak pointed out that the Town Board had jurisdiction over the Application for Waiver. The jurisdiction over site plan review and the construction of the wind turbines is still retained by the Town of Kirkland Planning Board. Mr. Hallak added that in the event the Town Board denies the Waiver Application, it could be the end of the issue. The Town Board could approve the Waiver Application, but that does not mean construction would go forward. The matter would go back to the Planning Board for review and consideration.
Attorney Hallak identified items to be part of the record:
--An e-mail from J. Michael Van Strander to the Town Board in support of the wind turbines, which is environmentally friendly technology;
--An e-mail from Scott Leonard, nearest neighbor of Spring Farm Cares, in support of the wind turbine project;
--An e-mail from Eleanor Burritt, a former Clintonian, who is in support of the project;
--A letter from Susan Fraely, from Albany, in support of the project;
--The Kirkland Planning Board meeting minutes of February 7, 2007 are also included in the record;
--Confirm that the two volume set of organizational information, Town of Kirkland Code Article 118-18 and Article 118-50, by Edward Kaido, Kirkland Planning Board member, is also part of the record.
Peggy Jones Miller, sister to Bonnie Jones Reynolds, said that we have to start somewhere in alleviating the mess that is going to come in electrical power and the cost of that power. She lived on Paris Hill Road in Sauquoit for 20 years. Their neighbor had a tall windmill and she thought it was a very restful and peaceful to watch. Ms. Miller commended her sister for trying to put money into something to see how it is going to help their electricity, effect the Village of Clinton and the neighbors down the road from Paris Hill. She said it was a good idea that should be tried.
Jay Burmaster, 3154 State Route 12B, noted that as of the November meeting when the Moratorium Law was enacted a young gentlemen who lives on Lewis Road in Waterville spoke about a windmill he had erected. Mr. Burmaster said that in January the windmill was not turning and in early May the blades were laying in the yard. The young man at the November meeting also mentioned that the power company came and begged to hook up to his power supply. Mr. Burmaster was in the Waterville area and asked a NYSEG crew about "begging" for power generated by the windmill. The foreman of the crew said their company does not want or use the power because it is not a reliable source of power. NYSEG is duty bound to make sure that everyone has power when needed. If there are brown outs, the electric company is responsible for damage to customer's home appliances and things of that nature if proven. The foreman said that the power generated from a windmill is not put into the grid although the power is metered out and reduced from their bill. All the customers on the grid pay the owners of windmills for the power they generate. Mr. Burmaster said that if the extra power generated by the windmills is going in the grid and not being used, it is not a benefit to anyone except Spring Farm Cares. He suggested that the Board review National Grid's policy.
Bonnie Jones Reynolds, Spring Farm Cares, said she called Mr. Erlichman, the owner of the windmill in Waterville, and found out that the 1978 windmill's old spruce blades developed a crack and were taken down. Mr. Erlichman is waiting for the new fiberglass blades which are backordered at this time. Ms. Reynolds found out that any excess energy produced from the windmills will be fed out to the grid.
Brian Savicki, 3301 Snowden Hill Road, said that every word in the application should be scrutinized, verified and proved. The Environmental Impact Study claims there will be no impact on scenic views. Mr. Savicki said it will have a negative effect. There is an impact whether it is positive or negative and the study cannot claim no impact. Mr. Savicki noted that when the moratorium was enacted, a hardship would have to be demonstrated in order to qualify for the waiver. He has not heard of any hardships at Spring Farm Cares. Mr. Savicki read an article in the newspaper that the windmills look so much better than silos. Mr. Savicki said very few silos are over 100 feet high, why should windmills be over 100 feet. He added that silos are used to provide for every person in the community. Those farms built this community, provided food for this community. He asked what are the windmills going to do for the community - serve for one person purpose, not for food for the community, not for the good of the community. The decision should be made for the good of the community, not for the good of the one.
Doreen Markson, 3443 South Street, said she appreciates silos. Spring Farm Cares is a big advantage to our community and the windmills would be a perfect pilot project. Ms. Markson said that in terms of energy, we have got to do something to change the way we live.
Robin Yager, 3643 Pine Road, Blossvale, NY, said she lives in the Town of Vienna and they would love to have a private entity like Spring Farm Cares spending their own money on a wind energy project. The United States is one of the biggest civilized, industrialized countries of the world and we don't have electric power that is dependable. Ms. Yager called National Grid when she lost a freezer and was told to turn it back to her insurance company because they were not responsible for the freezer.
Susan Getnick, 8590 Red Hill Road, heard that the excess energy would be sold to the grid; therefore, the windmills will be used for a business purpose in addition to the exclusive use by Spring Farms. She asked the Board to consider the business purpose in addition to the need for power for the organization, Spring Farm Cares.
Margot Unkel, 3386 NYS Route 12, said she was in favor of the windmills and it would be a very good project for the community. She said selling the excess electricity to the grid was not a commercial enterprise because it was put into the law that any private individual could sell excess energy to the grid. It is the nature of the windmills to produce electricity when the wind blows. Spring Farm Cares applied for a building permit to erect the windmills one year ago. They have provided all the information that was requested by the Planning Board and the project should not be denied because Spring Farm Cares totally complied.
Paul Baker, 3443 South Street, called attention to the fact that Bonnie Jones Reynolds is a person who researches things before she makes a move. Spring Farm Cares is a not-for-profit organization. Mr. Baker said that we need to look very seriously at alternative ways in which groups fend for themselves. He urged the Board to look at this waiver and the possibility of some innovation in this Town.
Bonnie Reynolds said that the electric generated by the windmills will go to supply the needs of Spring Farm Cares and they will be very lucky if there is an excess. The excess would go to the grid.
Helen Leonard, 3387 NYS Route 12, said she is Spring Farm Cares closest neighbor and is in favor of the windmills. The esthetics does not offend her and she is for alternative energy. Ms. Leonard believes that Spring Farm Cares could be a benefit to the community in an emergency or power outage, if they could produce electricity from the windmills.
James Erlichman, 1760 Lewis Road, Waterville, said he was the owner of the "eyesore" windmill. He explained that the windmill is a 1988 machine. A blade broke in a winter windstorm and he ordered new blades. Mr. Erlichman explained that the grid only pays half price for excess electricity. He thought that it would be better if everyone started to produce energy. Three more windmills are being erected in his area. Mr. Erlichman said we have to look for more sources of green energy.
Thomas Kirkpatrick, 3453 Snowden Hill Road, said his land abuts Spring Farm Cares. He said he was very concerned about devaluation of his land because of the esthetic value. Mr. Kirkpatrick said the Town Board should also be very concerned. He is not against green power or wind power, but he is against the "unsightlyness" of the view of windmills.
Isabel Chiquoin, 31 Norton Avenue, said she is always thrilled when she sees windmills in a mass. She does not find windmills ugly, but some people might. She added that we need to find sources of energy besides oil & gas. This is an opportunity to try out the windmills without cost.
Michelle Devendorf, 414 Quentin Road, Utica, said she is for the windmills. She lives one quarter of a mile from the proposed power line. Ms. Devendorf asked if we want terrible looking power poles in our back yards or do we want certain parts of the country side with beautiful windmills. She saw at least 24 windmills on Tug Hill near Watertown and they were beautiful. We are faced with power problems through out the United States and we need to look for alternate power.
Attorney Mark Levitt, 91 Genesee Street, New Hartford, said he is representing Thomas Kirkpatrick. Mr. Levitt said, "The lady that last spoke said it all. We can be in favor of Spring Farm Cares, they do wonderful work. We can be in favor of windmills, we need renewable energy. What she said is we need to find a way to have renewable energy to take care of people who are important to the community and we need a plan. We haven't got the plan yet. This was an application, that I understand was a waiver. The reasons for the waiver are hardship. Is there anyone in this room who is not spending over three dollars a gallon for gas? Is there anybody in this room who has not felt the brunt of the cost of electricity and power? Is there anybody here who is not struggling just like the Farm. How can we favor them unless we have a plan that favors everybody and takes care of people's property values at the same time. A waiver here does not solve the problem. They may very well get the windmills on the
farm, but do it when your done with your studies. Do it when your done with your plan. Do it when you decide, yes windmills are a good thing, let's put them in one place. You don't want windmills on every property going up and down the road until you really come to a conclusion of how it looks best for the community as a whole. There are people who simply make large investments to properties thinking they are moving out to the beautiful countryside, who don't think windmills are beautiful. There are people who think they are beautiful and they are certainly entitled to their opinion, but let's not get the kind of development that causes us, when you drive in to some of these dead old cities, to see nice homes next to factories, next to closed gas stations. That is what we should be doing, make it make sense, look forward, don't look just at the immediate problem. Try to get a plan to solve the overall problem that serves everyone's needs, we are all struggling with the same cost of utility service and the failure of the utility service. Spring Farm Cares is not unique in that respect, everybody in this room suffers the same way. I ask you to take into consideration when you consider a waiver, before you have a plan, to address a zoning ordinance for renewable power."
Raymond Savicki, Burmaster Road, said he has a farm on Snowden Hill Road and it borders Ms. Jones' land on two sides, over 1000 feet. He addressed the subject of emergency power or any lack of power. He has lived there for 65 years and has never been without power for more than a day. He uses a generator on these occasions. Mr. Savicki does not think there is a major power shortage in the Town of Kirkland.
Joanne Cronan Hawoy, 7921 State Route 5, said that every time there is a storm, Spring Farms Cares is the first place to loose power and there are brown outs all the time. Ms. Hawoy saw the 200 windmills in the Watertown area and also noted that the blades only made a slight clicking noise. People in the area like the windmills. She commends Spring Farm Cares for what they are trying to do and she is in support of the project. It is very uncomfortable for the people and animals at Spring Farm Cares when there is no power.
Lois Bormann, 414 Quentin Rd., Utica, said that wind power is in our future. She noted that Spring Farm Cares does a great service for many animals and people in this community on a not-for-profit basis and deserves special consideration.
Edie Danovitz, 3987 Cleary Road, said she grew up on a farm and there was a windmill across the road. The windmill was not ugly, it was indistinguishable, a part of the landscape. She finds it difficult to understand why windmills are opposed when NYRI (New York Regional Interconnection) is constantly on the front page of the newspapers about the threat of power lines. The only way we are going to change the power lines and the continuation of those power lines is if individuals start making changes using alternative power.
Sandy Scofield, 40 Williams Street, said she is in favor of the windmills. The Town has to think out of the box, and look at the bigger picture, and help people to think about decentralizing our electric supply. We would not be so vulnerable if we stayed off the massive grids and had our own little power supply. Ms. Scofield said that maybe Kirkland could be known as the green town, attracting families that would appreciate such a place to settle.
Matthew Perry, 3787 Dawes Avenue, said that right down the street is a 160 foot cell phone tower and there is a house being built across from the tower. Also on Paris Hill there is a 150 foot cell phone tower and he noticed new houses have gone up in plain view of the tower. He has found no evidence that property values are decreasing because of these towers.
Eric Savicki, 3295 State Route 12, said he lives adjacent to Spring Farm Cares and he is in favor of the windmill project. It would be a huge mistake to ban windmills in the area because we need to think of the future and green power. Mr. Savicki owns a farm and he is thinking of using wind power to offset farm costs.
Lorraine Moynihan, 3421 State Route 12, said she lives directly opposite Spring Farm Cares and her front porch faces their property. The view from the front porch is beautiful and she does not want to see that view change. Ms. Moynihan said they picked that property and set the house far back because of the view. She said windmills would affect her property value. She is not against renewable energy, in its proper place, where it belongs, where it does not affect anyone else and benefits everyone. Windmills at Spring Farm Cares will only benefit the farm. She asked the Board to consider some very important points made by Attorney Levitt. When the moratorium was adopted, it was adopted because there was not any provisions for any of this new technology in the Town of Kirkland. The Board needs to look at all the issues, figure what the best plan is to benefit the whole Town, not just an individual. There were quite a few inconsistencies and falsehoods in the environmental study. She can't see any hardships Spring Farm is having. There are other alternative means of energy that would not affect the neighbors. Spring Farm Cares mentioned solar heating, which is not going to be an eyesore to anyone in the area.
Michael Furmanski, Kellogg Street, said that one of the concerns was noise from the windmills, and he pointed out that the property is located on NYS Route 12, one of the busiest roads in the area. He said that Ms. Moynihan wanted everyone to benefit from wind power, but she is only concerned with her own private agenda.
There was no one present who wished to address the Board and the public hearing was closed at 8:00 p.m.
Upon motion of Councilman Venero, seconded by Councilman O'Neil a motion was made to close the Public Hearing regarding the Petition for Waiver of the WECS Moratorium.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
Attorney for the Town, Anthony Hallak, recommended that the Town Board table the matter for discussion until the next meeting because there is a lot of comments and information to be considered in this serious issue.
RESOLUTION #27
Upon motion by Councilman Meelan, seconded by Councilman Yando, the following resolution was presented:
RESOLVED, that the Kirkland Town Board table the decision on the Petition for Waiver on the Wind Energy Conservation Systems Moratorium until the next Town Board meeting, July 11, 2007.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Attorney Anthony Hallak noted that each Board member received a copy of the Extension and Guarantee Agreement regarding Brookside Road. He explained that David Anderson petitioned the Town for dedication of Brookside Road for future development plans. The developers agreed to provide applicable certificates of insurance, payment bond and performance bond together with a contract for the final paving of Brookside Road in two years. The development has moved at a slower pace and the bond is about to expire. The Town agreed to permit the delay in final paving pending applications for future development so as to mitigate damage to the road. The Town has agreed to extend the paving contract, performance bond and paving bond for two years.
RESOLUTION #28
Upon motion by Councilman Venero, seconded by Councilman Yando the following resolution was presented:
RESOLVED, that the Kirkland Town Board extend and accept a paving contract, current performance bond and paving bond as security for two years for Brookside Road with the Guarantors, David Anderson and Albert G. Roberts.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
A copy of the Extension and Guarantee Agreement has been made a part of these minutes.
A motion was made by Councilman O'Neil, seconded by Councilman Venero to accept the minutes of May 23 and June 11, 2007 as printed.
Upon the roll call vote, four voted aye, Councilman Meelan abstained from voting on the May 23 minutes and Councilman Yando abstained from voting on the June 11 minutes and the motion was declared carried.
RESOLUTION #29
Upon motion of Councilman Yando, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the resignation of Ronald Mortis, Sanitary and Sewer Inspector for the Town of Kirkland, effective June 29, 2007.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Foley noted that Mr. Mortis has worked for the Town since 1990.
Supervisor Foley explained that Gary Schreppel, one of the Town's Code Enforcement Officials, has accepted to replace Mr. Mortis. She went on to explain that Ron Mortis' salary was $11,748 because there were more inspections required. The State law within the past year has changed and many of the duties of which he was responsible are now the duties of engineers hired by the applicant. Ms. Foley proposed that the annual salary for Sanitary & Sewer Inspector be $1,000. Mr. Schreppel would receive $500 for the remainder of 2007. The $500 would be added to his salary of $10,400 for the duties of Fire Code Inspector, Deputy Building Inspector and Stormwater Management Officer. Mr. Schreppel is New York State and United States certified.
RESOLUTION #30
Upon motion of Councilman Yando, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board appoint Gary Schreppel as Sanitary and Sewer Inspector for the Town of Kirkland effective July 1, 2007 at a salary of $500 for the remainder of 2007 and an annual salary of $1,000.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Foley noted that there were no bids received for the replacement of the roof at the Police Department and Senior Center. Councilmen Meelan and Venero will look into the matter and bid the project again. Board members voiced no objections.
Supervisor Foley received a letter from a resident on Bristol Road (NYS Route 233) requesting a speed reduction on NYS Route 233 between Old Bristol Road and Norton Avenue. Chief English noted that a request has recently been sent to the NYS Department of Transportation to lower the speed limit in that area.
Supervisor Foley reported that the NYS Justice Court requested a copy of the minutes of January 17, 2007 where it refers to the fact that the Town Board examined the court records and a copy of the annual financial reports were made a part of the minutes.
Board members received the Kirkland Ventures Financial Condition Analysis.
A motion was made by Councilman Venero, seconded by Councilman O'Neil 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 - $31,598.94, Claim #1051-1107
B - $11,408.08, #1129-1151
DA - $27,065.59, #1108-1112
DB - $20,366.92, #1113-1128
SS1 - $238.46, #1152-1154
A motion was made by Councilman Meelan, seconded by Councilman Yando to enter into executive session to discuss negotiations.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
A motion was made by Councilman O'Neil, seconded by Councilman Yando to adjourn the executive session.
Upon the roll call vote, five 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 Yando, seconded by Councilman O'Neil the meeting adjourned at 9:28 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
