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 May 9, 2011, at 7:00 p.m.
Present:
Supervisor Robert J. Meelan Attorney for the Town Anthony G. Hallak
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.
Ron Siedsma, who submitted a proposal to repair the highway garage, asked for clarification regarding the electrical portion. Monetarily, Mr. Siedsma submitted the highest proposal. J&M Construction Services, made the most reasonable offer.
Councilman Lewis explained that a clarification needed to be done on exactly what electrical upgrade meant in the original proposal. An electrical inspection agency was contacted to come to the Highway Garage and determine what needed to be done to make sure it would be up to code. The agency clarified what needed to be done, and these requirements were included in the proposal. Matt Christ, owner of J&M Construction Services, checked with his electrician and the electrical requirements were included in the proposal.
Councilman Lewis also noted that he stated at the last Town Board meeting that he would recuse himself from the vote to award the proposal. All three contractors that presented a proposal worked for his construction firm at one time or another.
Supervisor Meelan opened the bids for the Arena Ceiling and Arena Lights. The Legal Notices, which were published in the April 20, 2011 edition of the Courier, has been made a part of these minutes. (see minutes of April 11, 2011)
One bid was received to remove the old ceiling, supply and install the new ceiling from Davis Mechanical Service, Inc., 6689 Old Collmer Road, East Syracuse, NY 13507 in the amount of $38,745. A bond and non-collusive certificate were enclosed.
Three bids were received to remove the existing light fixtures, supply and install new lighting fixtures:
--D Peter Burns Electric, Inc. 7896 Brimfield St., Clinton, NY 13323, bid $28,646
--Dave Hall Electric, Inc., 2 Steuben Park, Utica, NY 13501, bid $26,020
--Usmail Electric, Inc., 800 Culver Avenue, Yorkville, NY 13495, bid $35,825.
All three bids included a certified check or Bond and a non-collusive certificate.
Two bids were received for installation of the lights only:
--D Peter Burns Electric, Inc., 7896 Brimfield St., Clinton, NY 13323, bid $14,916
--Usmail Electric, 800 Culver Ave, Yorkville, NY 13495, bid $15,100
The two bids included a certified check or bond and a non-collusive certificate.
A motion was made by Councilman Lewis, seconded by Councilman Arcuri to direct Councilmen Lomanto and O'Neil to canvass the bids and return with a recommendation.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
Board members reviewed and approved of the two Arena rental contracts for exhibitors drafted by Attorney Hallak. One contract has an insurance clause for
renters.
RESOLUTION #32
Upon motion by Councilman Lewis, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board approve the two Arena Contracts for Exhibit Space Rental.
Upon the roll call vote, three voted aye, none opposed and the resolution was declared adopted. (Councilmen Lomanto & O'Neil canvassing bids)
Attorney for the Town Anthony Hallak reported that he is reviewing a moratorium on hydrofracking and will be prepared to respond when the States' moratorium expires.
The Board gave permission to Attorney Hallak to pursue legal action to collect outstanding fees on a dog bite case. The dog owner did not pay for the services relating to the impoundment of her dog.
Town Attorney reviewed the Town of Kirkland July 4th Fireworks application and recommended approval. Police Chief English checked the diagram showing distances from the fireworks to the audience prepared by Majestic Fireworks.
Attorney Hallak said that he will meet with the Village of Clinton Attorney and request a resolution from the Village Trustees consenting to the fireworks display. The launching of the projectiles will occur on Town property whereas a portion of the audience will be situated in the Village.
RESOLUTION #33
Upon motion by Councilman Lewis, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board grant permission for the July 4, 2011 fireworks display sponsored by the Town of Kirkland.
Upon the roll call vote, three voted aye, none opposed and the resolution was declared adopted. (Councilmen Lomanto & O'Neil canvassing bids)
Superintendent of Highways Jonathan Scott explained that the ditches around Taylor Avenue in Clark Mills tend to retain trash and debris throughout the winter. Residents want to clean up the area, including the ditches, and asked if a small container could be provided for the trash. The Highway crew would have to clean these ditches if the residents did not. Board members had no problem with the request.
Chief English reported that there were 135 complaints in April: 106 in the Town and 29 in the Village. He also reported the Officer Kriz, School Resource Officer, made an arrest for possession of marijuana and another arrest for domestic violence.
A Letter of Intent was received from the Clark Mills Volunteer Fire Department notifying the Town of their annual Firemen's Field Days scheduled for June 23
through the 25th.
A letter was received from David Forbes, Stone Presbyterian Church, requesting the use of the Arena parking lot during the Stone Soup Storytelling Festival scheduled for June 10-12. Board members had no objection to parking vehicles at the Arena, as long as there is not an event at the Arena during that time period.
Patricia Maxam, Director of Operations, explained the details of the proposed "Shoot N Skate" program next season at the Arena. She said the program is similar to public skating only helmets, gloves, sticks and pucks are used to practice shooting. The program would be held October through March, three mornings a week for 1 ½ hours. There would be no mixing of age groups. Most of the time only adults would be participating because young people would be attending school. The ice would be monitored by staff already in the building. The Insurance Company would have the participants sign waivers. Other arenas, such as Whitestown, charge $5.00 a skater.
Attorney Hallak will contact the Town of Whitestown Attorney regarding the legal aspects of their program. Approval by the Town's Insurance Company is also required before a Board vote.
Councilmen O'Neil and Lomanto finished canvassing the bids and requested to table awarding the bids in order to obtain clarification as to what the fixtures would cost the Town to purchase. Board members unanimously agreed to postpone decision on awarding the bids until the next meeting.
Councilman Lomanto reported that Donald Cossette, SWOCO Manager, passed away and his wife will continue as Manager.
Board members continued to discuss various ways to handle awarding the Highway Garage repair project to a contractor.
RESOLUTION #34
Upon motion by Councilman Arcuri, seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board retain an engineer to provide detailed specifications to complete repair of the Highway Garage and advertise for public bid.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Councilman Arcuri will contact the Town's Insurance Company to select a professional engineer.
Supervisor Meelan, Councilman Arcuri and Jim Cunningham met with representatives of the NYS Department of Environmental Conservation regarding the Consent Order. Attorney Hallak handled the financial portion. The penalty was reduced to $1,500, with an additional $1,000 retained in order that the improvements to the Clark Mills Wastewater Treatment Plant move forward. The project must be completed by December 31, 2020.
RESOLUTION #35
Upon motion by Councilman Lewis, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board approve the NYS Department of Conservation Consent Order revision for the Clark Mills Wastewater Treatment Plant, VISTA No. R6-20110127-04, and authorize Supervisor Meelan to sign the Order.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Board members reviewed the April Safety Inspectors' reports and the Animal Control Report.
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 - $33,095.87; B - $6,810.92; DA - $16,947.91; DB - $5,559.43; SS1 - $7,529.32; SS2 - $28.59.
There being no further business to come before the Town Board, upon motion of Councilman Arcuri, seconded by Councilman Lewis the meeting was adjourned at 8:15 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
