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 July 11, 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 persons to stand for the Pledge of Allegiance.
The Board was going to discuss Safe Roads to School with Mr. Richard Hunt. Mr. Hunt was not at the meeting.
RESOLUTION #31
Upon motion of Councilman Yando, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board set a Public Hearing for Local Law No. 1 of 2007, Stormwater Management, Erosion & Sediment Control and Wellhead Protection for Monday, August 13, 2007, 7:00 p.m. at the Kirkland Municipal Building, 3699 NYS Route 12B.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Foley said that the next item of business was to discuss the Petition for a Waiver of the Application of the Wind Energy Conversion Systems Moratorium Law and the Public Hearing held on June 27.
Attorney for the Town, Anthony Hallak, noted some interesting facts regarding the Town Code.
The current Telecommunications, Antennas and Towers ordinance allows cell towers up to 200 feet in height. The project is consistent with the existing ordinance and the goals that were established. Attorney Hallak understands from the minutes of the Planning Board that there is an understanding that the height of the windmills will be less than the existing ordinance. There has been understandings made for a reclamation bond, and security should the windmills have to come down - a drop zone, a clear area for safety purposes. There are aesthetic controls placed in terms of the color and observing the surroundings. He said that Ms. Reynolds' group came before the Planning Board a number of times and the February 7th Planning Board minutes tend to support the project. Mr. Hallak believes that the Planning Board was close to final approval of the project after resolution of some issues. The public hearing raised some questions about the environment and Ms. Reynolds was required to fill out the SEQR application and there were no negative comments made by the State or County. Attorney Hallak said her application addressed the criteria that were required environmentally. Mr. Hallak said there was some misunderstanding regarding hardship at the Public Hearing. He explained that hardship is a measure based upon the applicant. He explained that if IBM comes in and wants to show monetary loss, it would be millions of dollars. Mr. Hallak said that we have a smaller size project, three windmills, and importantly a not-for-profit organization. Hardship to a not-for-profit is not necessarily measured the same way we would measure commercial wind farms, with huge lost profits. He said that is not a question here and he thought her application addressed that very sufficiently. Ms. Reynolds identified her out of pocket expenses and losses, not to mention the loss of grants, which affects her operating budget. Attorney Hallak said that he wanted to make sure that was considered by everyone present.
Councilman Meelan said that he researched other windmill projects on the Internet and he could not find any instances where construction had resulted in a loss of property values. Mr. Meelan was on the Planning Board when there was a proposal to build a telecommunications tower off of Brimfield Street and residents who lived on Brimfield Street and Toggletown Road were unhappy with the Planning Board members. Anytime there is a change, there are unhappy people. He said that after the moratorium and study and the cell tower was approved, there were no further comments from those residents. There was no negative impact. Councilman Meelan remembered when Old Bristol Road residents fought against construction of self-storage units near their properties on NYS Route 5. The self-storage proposal was withdrawn and a paintball park, which was more offensive, was approved. Mr. Meelan said the residents won the battle but lost the war. He ended by noting that there will always be change and you have to accept the changes.
Supervisor Foley said windmills are coming and Councilman Meelan agreed.
RESOLUTION #32
Upon motion by Councilman Yando, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board grant Spring Farm Cares, Inc. a Waiver of the Application of Local Law No. 2 of 2006, Wind Energy Conservation Systems Moratorium Law, and allow Spring Farm Cares, Inc. to proceed to the Kirkland Planning Board.
A roll call vote was duly held and resulted as follows:
Supervisor Annette S. Foley Voting Aye
Councilman Robert J. Meelan Voting Aye
Councilman Harvey N. Yando Voting Aye
Councilman Nicholas S. Venero Voting Aye
Councilman Michael D. O'Neil Voting Aye
The foregoing resolution was declared duly adopted.
A Decision of the Town Board in the Petition for Waiver of Spring Farm Cares, signed by Supervisor Foley, has been made a part of these minutes.
Jonathan Scott, Highway Superintendent, reported that his crew is working on the infrastructure of the roads and paving will commence shortly.
Police Commissioner Venero reported that there were 283 complaints for June: 214 in the Town, 68 in the Village and 1 outside. A $3,500 grant was approved by Law Enforcement Terrorism Prevention (LETPP), of the US Department of Homeland Security for the purchase of new frequency radios and night-vision binoculars.
Chief English reported that NYS TraCS (Traffic & Criminal Software) system, is providing the Kirkland Police Department with $28,000 to buy four more laptop computers for use in preparing electronic traffic tickets and motor vehicle accident reports direct from patrol cars.
Supervisor Foley noted that the Senior Citizens were in the Fourth of July parade and they had a good time.
Councilman O'Neil reported that Stearns & Wheler, Engineers, are working with James Cunningham on the Flow and Growth Management Plan.
Board members reviewed the June Safety Inspectors' Reports.
Attorney for the Town, Anthony Hallak, informed Board members that there is quirk in the Town's zoning map in the McBride/Taylor Avenue area. The old bowling alley located on the curve of McBride Avenue is being converted into a dance studio by Mr. Robert Copeland. The dance studio is located substantially within the Town of Kirkland and partially in the Village of Clinton. The Village has given up jurisdiction and the Town will approve the dance studio. Mr. Copeland is also proposing to construct two apartment building with 9 units in each building. 70% of the property for the apartment buildings is located within the Village and the remaining 30% within the Town. The first building, located in the Village has been approved by the Village Planning Board. The second apartment building is in the Town. Attorney Hallak met with Planning Board Counsel, John Cosgrove, and Mr. Copeland's Attorney, Mark Levitt. It was agreed that for the sake of consistency, from a planning perspective, the Village should retain jurisdiction so that the buildings are aesthetically identical. The Town would retain jurisdiction over inspections through the Town's Code Enforcement Officer. Attorney Hallak noted that the Village Planning Board already has jurisdiction because a portion of the property is within the Village. It is part of a common zoning scheme that buildings on the same parcel should be constructed consistently. Board members did not have any objections to the Village Planning Board retaining jurisdiction over the apartment building located in the Town. Attorney Hallak will send a letter noting that the Village will keep jurisdiction over the second apartment building.
A motion was made by Councilman Meelan, seconded by Councilman O'Neill 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 - $206,452.86, Claim #1155-1216
B - $44,363.52, #1236-1261, 1265-1267
DA - $42,127.76, #1217-1224, 1235
DB - $27,471.45, #1225-1234, 1264
SS1 - $5,594.92, #1258-1261, 1265, 1266
SS2 - $24.73, #1262
SS4 - $15,600.00, #1263
A motion was made by Councilman Yando, seconded by Councilman Venero to enter into executive session to discuss possible litigation.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
A motion was made by Councilman Yando, seconded by Councilman O'Neil 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 Venero, seconded by Councilman Meelan the meeting adjourned at 8:26 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
