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 October 10, 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 present to stand for the Pledge of Allegiance.
Deputy Town Clerk, Caryl Galinski, was present to record the minutes while the Town Clerk was away.
Supervisor Foley opened the Public Hearing on Local Law #2 of 2007, entitled, "To Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems" and read the Legal Notice. The Legal Notice of Public Hearing which was published in the September 19th edition of the Courier, has been made a part of these minutes. Thirteen people were present for the Public Hearing.
Attorney Hallak addressed John Hecklau's comments regarding Planning Board review of the proposed Local Law and suggested reasonable language as recommended by DEC and the County. He summarized the Local Law by saying that it is aimed at directing all new construction by prohibiting connections of storm water discharge to the sewer. It will allow the Town to monitor and enforce rules that will eliminate these connections and discharges over time.
Legislator George Joseph asked if there was any mechanism in place now or in the future to grandfather in preexisting conditions when properties change hands. Attorney for the Town Hallak answered that the ordinance does not provide for that. He said that there is an inspection mechanism that requires the property owner to inspect his own systems once annually, and notify the Town of any problems.
Councilman O'Neil explained that we are one-third of the way through the first phase of the infiltration influent analysis. Infrastructure and flow testing will be done. The second phase won't take place until next spring (see minutes of September 10, 2007, pg.72).
Supervisor Foley recognized the public in attendance and invited them to address the Town Board.
Scott Healey, Red Hill Road, requested verification that the four-wheeler, that has been traveling up and down his road for the last couple of months, had been apprehended. Chief English confirmed that it had.
County Legislator, Bernard Burns, reported that in the next month or two improvements will be made to Brimfield Street, Norton Avenue, and Fountain Street, which are all County roads.
Bruce Evans, College Hill Road, said that the Observer Dispatch reported that the Board meeting would be Monday night instead of Wednesday of this week. RoseMarie Arcuri, Supervisor's Secretary, said that the Observer Dispatch is provided with a copy of the meeting schedule for the year in January and they receive a copy of our meeting agenda monthly. Supervisor Foley added that a copy of the meeting schedule is also posted on the Town Clerk's Official Bulletin Board outside the office.
Attorney Hallak recommended that the Town Board adopt the Roadside Ditching Agreement between the Town and Oneida County Department of Public Works as presented. Copies of the Agreement were distributed to the Supervisor, Town Board members, Attorney Hallak, and Highway Superintendent Scott for their review on August 3, 2007.
RESOLUTION # 45
Upon motion of Councilman Yando, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, to approve the Roadside Ditching Agreement between Oneida County and the Town of Kirkland.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Foley received the resignation of Ormond Ewers, member of the Board of Assessment Review since 1988.
RESOLUTION # 46
Upon motion of Councilman Venero, seconded by Councilman O'Neil, the following resolution was presented:
RESOLVED, that the Town Board accept the resignation of Board of Assessment Review member, Ormond C. Ewers, effective October 1, 2007.
Upon the roll call vote, five voted aye, none opposed, and the resolution was declared carried.
RESOLUTION# 47
Upon motion of Councilman Meelan, seconded by Councilman Yando, the following resolution was presented:
RESOLVED, that the Town Board appoint James Benson to the Board of Assessment Review effective October 1, 2007 through September 30, 2012.
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 accept the September 26th minutes as printed. Upon the roll call vote, four voted aye, one abstained (Councilman Venero abstained because he was not present for that meeting), and the motion was carried.
There were no further questions or comments by the public in attendance regarding the proposed local law and the public hearing was closed at 7:30 p.m.
RESOLUTION # 48
Upon motion of Councilman Venero, seconded by Councilman Yando the following resolution was presented:
RESOLVED, that the Kirkland Town Board close the Public Hearing on Local Law #2-2007.
Upon the roll call vote, five voted aye, none opposed, and the resolution was declared adopted.
RESOLUTION# 49
Upon motion of Councilman Meelan, seconded by Councilman Yando, the following resolution was presented:
RESOLVED, that the Town Board adopt Local Law #2 of 2007, entitled, "To Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems".
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Attorney Hallak reported that after resurrecting some old property maps and descriptions, he walked and measured the Town's surplus property in Clark Mills (see minutes of September 26, 2007, pg. 75). He spoke with the prospective purchaser's attorney yesterday and is waiting for him to get back to him with an outline of what they need for their purposes.
Highway Superintendent Scott reported that paving was done over the summer on Dwight Avenue, White Street, and Rose Lane.
Police Commissioner Venero reported 248 complaints in September: 171 in the Town, 75 Village, and 2 outside. There were 25 arrests made. Commissioner Venero read a letter from the Presbyterian Home thanking the Kirkland Police Department, Mike Austin, and Patrolman Smoulcey for their support of the Ted Krull Memorial Fifth Annual Parkinson Awareness Walk.
Chief English reported that the sale of surplus on Ebay was very successful; the 2003 patrol car sold for $2600 exceeding what has been bid for patrol cars locally. He was able to buy six Kenwood portable walkie-talkie radios for responding officers funded by a Homeland Security federal grant.
Councilman Meelan said that a resolution is needed to accept the lowest bid for repair of the roof at the Senior Citizens' Center/Police Department (see September 26, 2007 minutes, pg. 74).
RESOLUTION# 50
Upon motion by Councilman Meelan, seconded by Councilman Yando, the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the low bid from Belois Roofing of $24,600, with an escalator clause to provide for any increase to the cost of nails and/or shingles, and the work to be done to the Senior Citizens' Center/Police Department roof in 2008.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Councilman Meelan, Buildings and Grounds Committee, reported on the walk through of the Senior Citizens' building, Arena, and the Town Park (see minutes of September 10, 2007, pg 72).
Councilman O'Neil, Grants Committee, said that he attended a conference in Watertown on water and sewer infrastructure projects and grants/financing for our long-term debt for the Clark Mills Sewer Treatment Plant.
Councilmen Venero and Meelan, Recreation Committee, reported that the Arena is very busy and that the Town Park is still open and getting ready for the Haunted Hayride.
Supervisor Foley said that a gas leak in the kitchen at the Senior Citizens' Center was reported and the gas has been shut off until it is repaired.
Councilman Venero thanked County Legislators for past years of support through an agreement with the County for mowing the grounds at SWOCO. SWOCO will have to buy their own mowers to mow the grounds as the County's mowers are now too large.
Board members inspected the September Safety Inspector reports.
Supervisor Foley read a letter from John P. Burdick suggesting that the Kirkland Town Park be dedicated to honor the memory of John G. Karin, III, for his public service and contributions to our community.
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 - $ 58,999. Claim #1728 - 1775
B - $ 5,363.05 #1776 - 1796
DA - $ 7,357.03 #1797 - 1798
DB - $14,869.77 #1799 - 1806
SS1 - $ 5,401.30 #1807 - 1813, 1815 -1817
SS2 - $ 24.68 #1814
RESOLUTION # 51
Upon motion by Councilman Yando, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board set the public hearing on the 2008 Preliminary Budget and Assessment Rolls for Sewer and Water Districts for Wednesday, October 24, 2007, 7:00 p.m. at the Municipal Office Building, 3699 St. Rt. 12B.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
A copy of the legal notice has been made a part of these minutes.
BUDGET WORKSHOP
Board members reviewed each account of the 2008 tentative budget noting increases and decreases in each account. Supervisor Foley advised that the proposed 2008 budget is a flat budget and there will be no increase in the town tax rate.
Employee health insurance costs have been projected to increase by 9.5% in 2008. Retirement costs were slightly decreased. Our liability insurance costs have decreased with a slight increase in SS1, Sewer account. Tony Arcuri said that the $200,000 from the General A Fund Balance will offset the $200,000 in the General A Appropriations line for capital improvements. The $200,000 for capital improvements is included in the proposed budget.
A1010.41, Town Board, $500 added for the Master Plan.
A1110.1 to increase more than 3% as the clerks will receive more than a 3% raise to bring them up to $10,000 annually.
A1450.4, Elections - decrease of $410 - down to $90 for transporting election bags from Lumbard Hall to Oneida County Board of Elections.
A7020.4, Kirkland Art Center - 3.64% increase this year from $16,500 to $17,100.
A7410.4, Kirkland Town Library - 3.33% increase to $193,000.
A7510.1, Town Historian - 3% increase to $1,030
A7550.4 - Celebrations - $5,000 includes the July 4th parade and fireworks.
B3620.1 - $10,000 decrease as Fire Codes and Sanitary Inspector have been combined.
B8020.41 - $20,000 for a Town Planner to be hired part-time, as needed.
There being no further business to come before the Town Board, upon motion by Councilman Venero, seconded by Councilman Meelan, the meeting adjourned at 9:16 p.m.
Caryl A. Galinski, Deputy Town Clerk
Town Of Kirkland
