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 August 13, 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.
Also present: Oneida County Legislator George Joseph
Francis Lallier, Member of the Town of Kirkland Planning Board
Supervisor Foley called the meeting to order and asked all persons to stand for the Pledge of Allegiance.
Approximately 29 people attended the Town Board Meeting.
Supervisor Foley opened the Public Hearing on Local Law #1 of 2007, entitled, "Stormwater Management, Erosion and Sediment Control and Wellhead Protection" and read the Legal Notice. The Legal Notice of Public Hearing, which was published in the July 25th edition of the Courier, has been made a part of these minutes. The Legal Notice of Public Hearing was also sent to property owners in the Town of Kirkland.
Supervisor Foley explained that five years ago the Environmental Protection Agency inaugurated a new plan to be adopted by every state in the United States. The NYS Department of Environmental Conservation determined that the Town of Kirkland would be designated to be a Municipal Separate Stormwater Sewer System (MS4) based upon census and land density. Mrs. Foley said that all new site plans for land use must include information on how they may impact stormwater runoff or underground water supplies. Provisions for "wellhead protection" and stormwater management are the primary changes in the Planning Board's site plan approval process. The zoning law revisions began in 2004 with recommendations by the Herkimer-Oneida Counties Comprehensive Planning program and incorporates the recommendations advanced by an ad hoc citizen committee, who met for a year. Also included are the expanded stormwater management requirements mandated by the EPA for all projects that disturb an acre or more of ground. Zoning map revisions to coincide with the text changes are also included.
The Town of Kirkland Planning Board and Oneida County Planning Board approved the Stormwater Management and Erosion and Sediment Control, Well head Protection regulations and the zoning map revised by the Oneida County Department of Planning. (Copies of these recommendations have been made a part of these minutes)
Councilman Venero noted that he was on a committee with Gary Schreppel and Francis Lallier to review and revise the zone text amendments. The committee met twelve times, including a meeting with the Town and Village Planning Boards.
Francis Lallier explained that the Local Law is proactive not reactive. The rules and regulations are in place to cover different situations instead of waiting for something to happen and than dealing with the problem.
Legislator George Joseph commended the Town Board for taking action on stormwater management. He said that there are 17 municipalities in Oneida County who are designated as MS4, but only a few have adopted legislation.
Supervisor Foley noted that after the Local Law is adopted, the Department of Environmental Conservation will be the enforcer of the law when there is a problem.
Councilman Venero explained that there is a problem with stormwater infiltrating the sewer system, which makes it very difficult to treat wastewater at the Clark Mills Plant.
Councilman Yando added that the law controls soil erosion during land development activities.
James Wright, Fountain Street, was concerned that the legislation would increase the cost of development. Mr. Wright asked if stormwater runoff is going to preclude future development in certain parts of the Town.
Attorney Hallak informed Mr. Wright that the law is not meant to preclude development; it is meant to manage development and impose on the developers a certain responsibility to develop a plan to collect and discharge the water.
Councilman Yando explained that the law only effects stormwater runoff from land development activities disturbing one acre of land or more.
Francis Lallier clarified the following:
-There were no regulations for people who had stormwater runoff and it took its natural course. The Local Law will control runoff at the source. Developers of large projects such as shopping centers or malls will be required to contain the water at the site and not allow it to run into the stormsewer.
-The wellhead protection section of the law designates POD 1 (Protection Overlay District), which is the area that includes the wells that supply water for the Village and parts of the Town. POD 2 is a much larger area and further away from the wells. A gas station could not be permitted to be built within POD 1 because of possible contamination of the wells.
There were no further questions from the public present regarding the proposed Local Law.
Supervisor Foley noted that there are two bids for the replacement of the roof at the Kirkland Police Department and Senior Center. The Notice to Vendors and Contractors - Invitation to Bid, which was published in the July 25th edition of the Clinton Courier, has been made a part of these minutes.
The bids were:
-Belois Roofing Service, 190 St. Mary's Avenue, Clinton, $14,600, bid on his business letterhead;
-Mosher Roofing, Inc, 7555 Maxwell Road, Clinton, $10,700, bid on Town's bid form, including Non-collusive signed statement.
RESOLUTION #33
Upon motion by Councilman Venero, seconded by Councilman Meelan the following resolution was presented:
RESOLVED, the Kirkland Town Board direct Councilmen Venero and Meelan to canvass the bids for the roof replacement.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Foley scheduled Mr. Richard Hunt for the August 29th meeting to discuss Safe Routes to School.
Supervisor Foley told Jay Burmaster that the Local Law regarding stormwater management does not apply to farming and there are agricultural exemptions incorporated into the Law.
There were no further questions or comments from the public and the public hearing was closed at 7:40 p.m.
RESOLUTION #34
Upon motion by Councilman Venero, seconded by Councilman Meelan the following resolution was presented:
RESOLVED, that the Kirkland Town Board close the public hearing on Local Law #1 of 2007.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Attorney Hallak explained one amendment to Local Law #1 of 2007. Oneida County prepared the zoning map for the Town and dated it 2006. The zoning map was updated and the date changed. Section 118 should be corrected to reflect the current zoning map, dated as of August 13, 2007. Mr. Hallak wanted the Board to understand which map was adopted.
RESOLUTION #35
Upon motion by Councilman Venero, seconded by Councilman Meelan the following resolution was presented:
RESOLVED, that the Kirkland Town Board adopt Local Law #1 of 2007, entitled, "Stormwater Management, Erosion and Sediment Control and Wellhead Protection.
FURTHER RESOLVED, that the Kirkland Town Board amend Section 118 of the Town of Kirkland Zoning Ordinance to reflect the current zoning map date as August 13, 2007.
The question of adoption of the foregoing resolution was duly put to vote on roll call, which 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 resolution was thereupon declared duly adopted.
A copy of the formal, corrected resolution has been made a part of these minutes.
Councilman Venero reported on the bids for the roof replacement. Councilmen Venero and Meelan will confer with Mike Orsino, Recreation Maintenance Superintendent, because there is a discrepancy in both bids regarding the square footage of the roof to be replaced. Councilmen Meelan and Venero will clarify the bids and report at the next Board meeting.
RESOLUTION #36
Upon motion by Councilman Meelan, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board reject the two bids for replacing the roof at the Kirkland Police Department and the Senior Center.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
RESOLUTION #37
Upon motion by Councilman Yando, seconded by Councilman Venero the following resolution was presented:
RESOLVED, that the Kirkland Town Board request the NYS Department of Transportation to lower the speed limit to 45 Miles Per Hour on NYS Route 233 from the intersection of NYS Route 12B to the Westmoreland Town Line.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Foley presented the 2007 Agreement between the County and Town for Control of Snow and Ice on County Roads. Oneida County will pay the Town for snow and ice control on 26.15 miles a total sum of $4,000.00 per mile, totaling $104,600.00. The Agreement was approved by Highway Superintendent Scott.
Councilman Meelan was concerned that the Town spends more than $104,600 for replacing equipment, manpower and materials to maintain County Roads during the winter. He went on to state that Skyline Drive was very expensive to maintain. Mr. Meelan said that the Board continues to cut the budget and one way to save money is to break even when maintaining County roads.
Jonathan Scott will be installing technology in his fleet of trucks in order to monitor the cost of maintaining County Roads. Next year the Board will have the monetary figures to negotiate the Snow and Ice Agreement.
Legislator Joseph noted that constituents expect the level of quality the Town provides by servicing the County roads in the winter; therefore, the residents in the Town of Kirkland benefit.
RESOLUTION #38
Upon motion by Councilman Yando, seconded by Councilman Venero the following resolution was presented:
RESOLVED, the Kirkland Town Board approve the Agreement Between Oneida County and the Town of Kirkland for Control of Ice and Snow on County Roads from November 1, 2007 to April 30, 2008.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
A motion was made by Councilman Meelan, seconded by Councilman O'Neil to accept the minutes of June 27 and July 11, 2007 as printed.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
Highway Superintendent Jonathan Scott reported that the culvert projects are complete and he is trying out a demo sweeper.
Police Commissioner Venero reported that there were 241 complaints in July: 178 in the Town; 59 Village and 4 outside. There were also 12 arrests. A letter was received from Clinton Central School thanking Chief English for speaking to the Driver Education Class and providing safe driving information. He also noted that two surplus Police cars, #567, 2001 Ford & #568, 2003 Ford, will be sold on eBay through the Oneida County program.
Chief English has applied for Operation Impact Tools Initiative Funding to install portable license plate readers on the patrol cars. The license plate reader alerts the Police Officer when a suspected or wanted motorist or stolen car passes.
Councilman Meelan reported that repairs to the Arena roof have been completed, the new floor is being installed and the sound system is being updated. Clinton Youth Hockey is getting a new bulletin board just like the one the figure skating club installed. Each bulletin board will contain updated general information for their organizations.
Councilman Venero noted that National Grid will perform an energy audit at the Arena Thursday.
Councilman O'Neil reported that the Flow Management Plan and Growth Management Plan for the Clark Mills Wastewater Treatment Plant were completed by Stearns & Wheler, Engineers and the field work will begin soon. DEC has approved both Plans.
Board members reviewed the Safety Inspectors' reports for July.
A notice was received from NYS Board of Real Property Services stating that the final State equalization rate is 65%.
A letter was received from Debbie Jones, Prospect Street, Clark Mills, requesting sidewalks on Clinton Street from the intersection of NYS Route 5 to Main Street. Supervisor Foley will bring the letter to the August 29th Board meeting when Mr. Hunt will make a presentation on Safe Routes to School.
Oneida County will auction off three parcels located in the Town of Kirkland at a tax sale on September 6, 2007.
A motion was made by Councilman Meelan, 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 - $40,140.44, Claim #1268-1364
B - $26,359.79, #1365-1398, 1399 void, 1400-1411
DA - $31,220.73, #1412-1419, 1438
DB - $52,625.54, #1420-1437, 1439
SS1 - $27,425.86, #1440-1459, 1461-1462
SS2 - $24.71, #1460
A motion was made by Councilman Meelan, seconded by Councilman O'Neil to go into executive session regarding litigation and a personnel issue. 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 Meelan to adjourn the executive session. Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
RESOLUTION #39
Upon motion of Councilman Venero, seconded by Councilman Meelan the following resolution was presented:
RESOLVED, that the Kirkland Town Board appoint part-time Police Officer Shawn Occhipinti as a temporary, full-time Police Officer, effective August 25, 2007 for a period not to exceed three months or November 23, 2007.
The question of adoption of the foregoing resolution was duly put to vote on roll call, which resulted as follows:
Supervisor Annette S. Foley voting Nay
Councilman Robert J. Meelan voting Aye
Councilman Harvey N. Yando voting Abstain
Councilman Nicholas S. Venero voting Aye
Councilman Michael D. O'Neil voting Aye
The resolution was thereupon declared duly adopted.
There being no further business to come before the Town Board, upon motion by Councilman Meelan, seconded by Councilman Yando the meeting was adjourned at 9:40 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
