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 November 14, 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.
Jay Burmaster, NYS Route 12, asked why an e-mail from his group was not read at the last meeting. He noted other correspondence was read and three e-mails were put into the record at the June 27th meeting.
Supervisor Foley stated that e-mails received regarding any topic involved in litigation are not read at Board meetings, nor will the subject be discussed during a Board meeting.
Brian Savicki requested that the moratorium on the windmills be extended until the law can be put into place.
Supervisor said that the statement was noted.
A motion was made by Councilman Venero, seconded by Councilman O'Neil to approve the minutes of October 10 and 28, 2007 as printed.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
Attorney Hallak noted that on November 8, 2007 the Town Clerk received Harold Heintz's withdrawal of his petition for a zone change on his 6.9 acre parcel on NYS Route 12B. See minutes of October 24 and September 26, 2007. Mr. Heintz will meet with the Kirkland Planning Board for a pre-application conference to see about implementing the recommendation from County Planning to change the zoning to Planned Development instead of Commercial.
Supervisor Foley informed the Board that the lawsuit against the Town of Kirkland regarding Oriskany Creek flooding has been dismissed by the Honorable John Ringrose, J.S.C. The plaintiffs have 30 days to appeal.
Attorney Hallak added that one of the important findings of the suit implies that the Town of Kirkland is not owner of the creek bed and has no obligation to fix the creek.
Attorney Hallak met with Mr. Cosgrove, lead Council for the Planning Board and Mr. Williams, Litigation Council, to assess the impact of extending the Moratorium on Wind Energy Conversion Systems.
Attorney Hallak found Mr. Cosgrove's feedback important. He understands that visual studies to determine aesthetics are currently being conducted. He also understood from Mr. Williams that there is a component to the Moratorium that relates to the litigation that has been raised by council of the other side. Preserving the moratorium would prolong the litigation.
Spring Farm Cares came before the Town Board and a waiver was granted. It was referred to the Planning Board, who is exercising sound judgment.
Mr. Hallak also noted that yesterday he delivered the proposed final draft of the local law to members of the committee. The proposed local law contemplates that the appropriate location for windmills is in the rural areas of the Town.
Based upon these factors, it was Attorney Hallak's recommendation that the WECS moratorium not be extended. Attorney Hallak explained that the new law could be adopted well before pending projects might get approval and added that he had confidence that the Planning Board would apply the principles that it now understands to any new applications. He said that no Town Board action was necessary and the moratorium will lapse.
The consensus of the Board members was not to extend the moratorium.
Board members had no objection to the Spaghetti Kettle, located on NYS Route 5, renewing their liquor license.
Jonathan Scott, Highway Superintendent, reported that the crew is ready for winter and the plows and sanders have already been used.
Police Commissioner Venero requested that Marylisa Nolan be hired as the Police Clerk.
RESOLUTION #55
Upon motion by Councilman Venero, seconded by Councilman Meelan the following resolution was presented:
RESOLVED, that the Kirkland Town Board hire Marylisa Nolan as part-time Clerk for the Kirkland Police Department at $10.00 an hour, beginning November 26, 2007.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Police Chief Daniel English reported that there were 165 calls in the Town and 75 in the Village during October. There were 33 arrests and 154 traffic tickets issued.
Councilman Meelan reported that the Halloween Party at the Arena was a success and the Town Park is closed.
Supervisor Foley noted that the Senior Citizens had their annual Thanksgiving dinner on Tuesday.
Councilman O'Neil reported that the Clark Mills Wastewater Treatment Plant passed the annual inspection by the NYS Department of Environmental Conservation.
Board members reviewed the October reports of the Safety Inspectors.
Supervisor Foley received a $16,306.92 reimbursement check from FEMA for costs related to the February 2007 emergency snowstorm plowing.
Supervisor Foley read the Legal Notice, Request for Bids. Bids were solicited for the purchase of a portable conveyer and a street sweeper for the Highway Department. The Legal Notice was published in the October 24th edition of the Courier.
Two bids were submitted and each contained a signed Certificate of Non-Collusion:
--J & J Equipment, 9055 Brewerton Road, Brewerton, NY, sell a Tymco 500x street sweeper for $148,000;
--Atomic Truck & Equipment, Nelleston, NY, sell a used 30 x 80 Power Screen Conveyor for $31,000.
A motion was made by Councilman Venero, seconded by Councilman Meelan to direct Jonathan Scott, Highway Superintendent, to canvass the bids.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
Supervisor Foley received an e-mail from Oneida County Department of Public Works requesting that the Town Board pass a resolution making Kirkland a Co-Applicant with the County as Lead Applicant for the Shared Municipal Incentive Grant. The grant will allow the County to purchase a rubber tired telescopic boom excavator (Gradall) with attachments. This piece of specialized equipment will be shared by all the municipalities that have signed the Shared Services Agreement with Oneida County.
RESOLUTION #56
Upon motion by Councilman Venero, seconded by Councilman O'Neil the following resolution was presented:
WHEREAS, the County of Oneida is applying for a Shared Municipal Services Incentive Grant (SMSI) from the State of New York for the purchase of a Rubber Tired Excavator with Telescopic Boom, and
WHEREAS, the County of Oneida has requested that the Town of Kirkland participate in the grant application as a Co-Applicant for the above said grant, and
WHEREAS, the Town of Kirkland presently participates with the County of Oneida in a Shared Services and Equipment Agreement, now, therefore , be it
RESOLVED, that the Town of Kirkland will be a co-Applicant with the County of Oneida as Lead Applicant on the County application to apply for the Shared Municipal Incentive Grant, and be it further
RESOLVED, that Supervisor Foley be designated to execute any all administrative processes related to said grant program.
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 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 - $14,398.73, Claim #1900-1967, 2017, 2018
B - $10,075.43, #1968-1994
DA - $34,572.38, #1995-2002
DB - $40,216.88, #2003-2016
SS1 - $28,726.41, #2019-2036
SS2 - $24.71, #2037
A motion was made by Councilman Meelan, seconded by Councilman Venero to enter into executive session to discuss negotiations and litigation.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
A motion was made by Councilman Venero, seconded by Councilman Meelan to come out of executive session to act on the results of the canvass for the highway equipment.
Mr. Scott said that both items meet the specifications. He wanted to purchase the used conveyor subject to final inspection. Mr. Scott noted that a new sweeper would cost $195,000; whereas, the demo costs $148,000, saving the Town $47,000.
RESOLUTION #57
Upon motion by Councilman Yando, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board authorize the purchase of a Tymco 500x street sweeper from J & J Equipment, Brewerton, NY for $148,000.00; and the purchase of a used 30 x 80 Power Screen Conveyor from Atomic Truck & Equipment, Nelleston, NY for $31,000 subject to final inspection.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
A motion was made by Councilman Venero, seconded by Councilman Meelan to enter into executive session to discuss negotiations and litigation.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
A motion was made by Councilman Venero, seconded by Councilman Yando to adjourn the executive session.
Upon 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 Meelan the meeting was adjourned at 9:40 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
