Minutes of the Regular Meeting of the Town Board of the Town of Kirkland held at the Town of Kirkland Municipal Building, 3699 State Route 12-B, Clinton, Oneida County, New York on April 27, 2011, at 7:00 p.m.
Present:
Supervisor Robert J. Meelan
Councilman Michael D. O'Neil
Councilman Mark C. Lewis
Councilman Fred A. Lomanto
Councilman Anthony F. Arcuri
Supervisor Meelan called the regular meeting to order and asked all persons to stand for the Pledge of Allegiance.
A motion was made by Councilman Arcuri, seconded by Councilman Lewis to approve the minutes of April 11, 2011 as printed.
Upon the roll call vote, three voted aye, none opposed and the motion was declared carried. Councilmen Lomanto and O'Neil abstained.
Board members discussed the differences between the two drafts of the general contract for Commercial Construction and the scope of work for repair of the Highway Garage. Discussion included clarification of the electrical upgrade to current code as part of the proposal and removal of painting of the garage and building of a storage shed. The Board discussed whether to have the two qualified contractors adjust their proposals after clarification of the electrical upgrade, deleting painting and shed or by using change orders. Board members agreed to hire an electrical inspection agency to detail the electrical upgrade required at the Highway Garage in order to receive certification. Board members tabled their decision and action until the next Board meeting.
Board members and Police Chief English approved of the resolution prepared by Attorney Hallak restricting use and display of the vintage police car replica. (see minutes of March 14, 2011)
RESOLUTION #28 APPROVING USE & DISPLAY OF TOWN NAME & INSIGNIA
Upon motion of Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
APPROVING USE & DISPLAY OF TOWN NAME & INSIGNIA
WHEREAS, the Town of Kirkland Police Department and Kirkland Town Board has received a request from Officer Gene C. Sinardo to restore a vintage police vehicle; and
WHEREAS, Officer Gene C. Sinardo has requested the vintage police vehicle display the emblem of the Town of Kirkland and all Kirkland police markings/insignias for purposes of authenticity; and
WHEREAS, Officer Gene C. Sinardo has requested permission of the police department and police chief to display the vehicle in parades and public events and that the Town is willing to consent to the use of its name and insignias subject to certain terms and conditions.
NOW, THEREFORE, it is RESOLVED as follows:
That Officer Gene C. Sinardo, Jr. is permitted to utilize his 1985 Dodge Diplomat 4-door sedan to display any and all Kirkland police markings/insignias on such vehicle for authenticity subject to the following terms and conditions:
1. That the vehicle be fully insured in an amount of liability coverage no less than $300,000 and that Gene C. Sinardo, in his individual capacity, shall indemnify, hold harmless and defend the Town of Kirkland from any and all claims arising out of the use of said vintage vehicle;
2. That the Town grants its authority to utilize the name "Town of Kirkland" and/or "Kirkland Police" on the vehicle so long as the terms and conditions of this resolution remain in full force and effect;
3. That the vehicle not be driven on public roads or highways and shall be only driven during car shows, parades and/or special events. The use of said vehicle shall at all times be in accordance with the laws of the State of New York.
4. That in the event the vehicle is taken outside the State of New York, the vehicle will be transported by trailer to said events.
5. That in the event the vehicle is sold or transferred, the Town of Kirkland shall have the right of first refusal to purchase the vehicle.
6. That in the event the vehicle is sold or transferred to a third party, the authority granted hereunder is specifically revoked and subject to the third party securing its own approval from the Town of Kirkland.
7. The violation of any of the foregoing terms and conditions shall result in the revocation of the authorization granted by this resolution.
8. That in the event the vehicle is not operated by Gene Sinardo or another police officer approved by the Town of Kirkland while on public roadways and not participating in events, the insignia or words "police" shall be covered up;
9. That in the event the vehicle is not operated by Gene Sinardo or another police officer approved by the Town of Kirkland or in the event the vehicle is operated in excess of 25 miles outside the Town of Kirkland, the red lights or any flashing lights which do not comply with Section 375 of the Vehicle and Traffic Law will at all times be covered except when the vehicle is participating in the parade or public event;
10. That Police Chief issue a letter of authorization to allow the vehicle to be used for parades and shows displaying Kirkland Police logos and emblems.
This Resolution was adopted by the following votes:
Supervisor Robert J. Meelan Voting Aye
Councilman Michael D. O'Neil Voting Aye
Councilman Mark C. Lewis Voting Aye
Councilman Fred A. Lomanto Voting Aye
Councilman Anthony F. Arcuri Voting Aye
Supervisor Meelan noted that at the present time there is no Clerk in the Assessor's office. The Assessor will be going on vacation and the office needs to be managed. Mr. Meelan spoke to the prior Clerk, Nina Caporale, and she has agreed to manage the office during the absence of the Assessor, at her previous rate of pay.
RESOLUTION #29
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board appoint Nina Caporale as Clerk to the Assessor from May 10, 2011 until the Assessor's return or for an extended period if necessary, at a rate of pay of $10.00 per hour.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Meelan noted that he was asked to perform a marriage ceremony and requested to be appointed Marriage Officer for June 11.
RESOLUTION #30
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
WHEREAS, pursuant to Domestic Relations Law Section 11, the Town Board may appoint Marriage Officer(s) to solemnize marriages in the Town of Kirkland; and
WHEREAS, Supervisor Robert J. Meelan has been requested to act as a Marriage Officer for the purposes of solemnizing a marriage;
NOW THEREFORE, the Town Board hereby appoints Supervisor Robert J. Meelan as a Marriage Officer for the Town of Kirkland serving without salary or wage, on Saturday, June 11, 2011 for the purpose of solemnizing a marriage.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Bill Thickstun requested the Town Board enact a ban on hydrofracking activities in order to protect all citizens of Kirkland from environmental, public health and economic harm. Kirkland and neighboring towns sit along the border of the Marcellus Shale rock formation, which contains substantial amounts of natural gas. Hydrofracking extracts natural gas held in deep shale deposits by the injection of millions of gallons of water, sand and toxic chemicals under extreme pressure through wells extending thousands of feet vertically and up to one mile horizontally. Hydrofracking threatens contamination of aquifers, wells and surface water. Disposal of the residual toxic chemical waste is also a concern. New York State has a moratorium on hydrofracking until May in order to gather more information. Board members agreed to have the Town Attorney research and draft a moratorium on all hydrofracking activities by the end of May.
Supervisor Meelan requested a resolution to approve the annual Roadside Ditching Agreement. Town Attorney Hallak has reviewed the agreement and Superintendent of Highways Scott also approves of the terms of the agreement.
RESOLUTION #31
Upon motion by Councilman Arcuri, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board approve the 2011 Roadside Ditching Agreement with the County of Oneida and authorize Supervisor Meelan to sign the Agreement.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Meelan received a letter from Hamilton College requesting police assistance at intersections in the Town of Kirkland for their triathlon scheduled for May 6, 2011. Board members and Chief English had no objections to the request. A Certificate of Insurance has been received.
Heavy Hands Productions requested permission to dispense alcoholic beverages at the Muay Thai kickboxing event at the Clinton Arena on the evening of June 18th. Police Chief English was concerned with alcohol at this type of event. He also noted it was the weekend of the Clark Mills Field Days, where a majority of the police assistance will need to be stationed. Board members unanimously rejected the request.
Supervisor Meelan received a letter from Donald Henry, Saunders Road, explaining that he has erected two sides of the fence to hide his wood pile. He cannot erect the third side of the fence because there is a tree in the way. The Board agreed that Mr. Henry was given the option of erecting a three sided fence to hide the wood pile or place the wood in the back yard. The Board will continue to uphold their directive. (see minutes of 09-13-2010, Resolution #52)
The Town Clerk reported that the obsolete mechanical voting machine located at the Methodist Church will be removed by an employee of the Board of Elections. The old mechanical voting machines are now owned by Oneida County and not the Town of Kirkland. At the present time, schools have permission to use these machines for their budget vote and School Board election.
Councilman Arcuri, Liaison to the senior citizens, noted that the storm caused some of the siding to come off the Senior Citizen Building.
Councilman Lomanto reported that the John G. Karin, III Kirkland Town Park is now open and Little League has been practicing and AYSO will start on April 29. The Clinton Central School girls modified softball team will play their home games at the park this season. He also noted that spring ice has rentals almost every night.
A motion was made by Councilman O'Neil, seconded by Councilman Arcuri 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 - $56,852.33
B - $12,937.11
DA - $20,313.44
DB - $21,913.75
SS1 - $2,723.00
SS2 - $13,837.50
A motion was made by Councilman Lewis, seconded by Councilman O'Neil to enter into executive session to discuss a litigation matter.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
A motion was made by Councilman Lewis, 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 O'Neil, seconded by Councilman Lewis the meeting was adjourned at 8:30 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
