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 25, 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.
Kenneth Crane, a resident of the Town of Kirkland, was in favor of a moratorium on hydrofracking.
Supervisor Meelan informed Mr. Crane that the Attorney for the Town has drafted a moratorium on hydrofracking within the Town of Kirkland. He explained that if the State does not extend their moratorium, the Town of Kirkland will be ready to adopt a local law to ban all hydrofracking activities for a year.
Supervisor Meelan explained to Matthew Christ of J & M Construction Services that the Board decided to go to public bid for repairs to the highway garage. The Building Inspector Kevin Griffin attended the last Board meeting and explained that there were no detailed specifications in place for inspections. Mr. Griffin suggested that the Town should obtain engineer's plans.
Councilman Arcuri reported that NYMIR has agreed to reimburse the Town an additional $9,000 to hire an engineer to prepare detailed specifications for the repairs at the highway garage. After the engineer's specifications are received the Town will go out to public bid.
Monica Perotti gave each Board member a packet of informational material regarding hydrofracking and Kevin Bunger presented the Board with a list of other municipalities who have implemented a moratorium on hydrofracking.
A motion was made by Councilman Arcuri, seconded by Councilman O'Neil to approve the minutes of April 27 and May 9, 2011 as printed.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
At the May 9th Town Board meeting Councilmen Lomanto and O'Neil were directed to canvass the bids for the Arena lights and ceiling work and they requested to table awarding the bids until the next meeting.
Board members agreed that it was a liability to have the Arena employees take down the ceiling and it was not in their scope of work. The Board also agreed that the bid should be awarded to the only bidder, David Mechanical.
RESOLUTION #36
Upon motion by Councilman Lewis, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board award the bid for the Arena ceiling, turn-key to Davis Mechanical Service, Inc., 6689 Old Collmer Road, East Syracuse, NY 13057 in the amount of $38,745.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Councilman O'Neil recommended that the lights for the Arena should be awarded to the lowest responsible bidder, Dave Hall Electric, Inc., 2 Steuben Park, Utica, NY 13501.
Supervisor Meelan explained that there were three different bids for lights: turn-key, materials only and installation only. The Town could not beat the Hall Electric bid by purchasing the lighting fixtures. Mr. Meelan noted that the new efficient lighting system will pay for itself in lower electric bills in two and a half years.
RESOLUTION #37
Upon motion by Councilman Lomanto, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board award the Arena light, turn-key bid to the lowest bidder, Dave Hall Electric, Inc., 2 Steuben Park, Utica, NY 13501 in the amount of $26,020.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared carried.
Board members agreed that the contracts should note that the companies who were awarded the lighting and ceiling bids will be paid five days after completion and after a walk through by a Town representative.
Supervisor Meelan said that after discussing payment with the Budget Director RoseMarie Arcuri, the recommendation was made to pay for the Arena projects out of the General A Fund.
Each Board member received a copy of the proposed Hydrofracking Moratorium, Local Law No. 1 of 2011.
RESOLUTION #38
Upon motion by Councilman O'Neil, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board schedule a public hearing for June 29, 2011 at 7:00 p.m. at the Town Municipal Office Building, 3699 State Route 12-B, on the proposed Local Law No. 1 of 2011, entitled: Moratorium on Construction, Exploration, Erection, Processing, Development (Including Drilling) and/or Installation of Hydrofracking Facilities".
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Meelan read a letter of resignation from Police Officer Laymon.
RESOLUTION #39
Upon motion by Councilman O'Neil, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the resignation of part-time Police Officer Steven S. Laymon, effective May 27, 2011.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Police Chief English requested that Christopher Paravati be appointed as a part time Police Officer. He currently works at the Oneida County Correction Facility. Mr. Paravati has completed Phase I at the Police Academy. In order to attend Phase 2, a candidate is required to be sponsored . The Town will pay the $500 fee. He will sign a three year commitment agreement with monetary penalties for early resignation.
Councilman Lomanto said Christopher Paravati was highly recommended by the Oneida County Sheriffs' Office.
RESOLUTION #40
Upon motion by Councilman O'Neil, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board appoint Christopher J. Paravati, as a part-time Police Officer for the Town of Kirkland, effective June 10, 2011.
FURTHER RESOLVED, that the Kirkland Town Board authorize Christopher Paravati to attend Phase II of the Police Academy starting on June 15, 2011.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Chief English reported that a resident has requested a lower speed limit on the entire length of Snowden Hill Road in the Town of Kirkland. Chief English will use traffic data tubes to gather information. The Town's Animal Shelter, Stevens Swan Humane Society, no long has a veterinarian on staff. The Towns of New Hartford and Kirkland are looking for a veterinarian to service both Towns in emergency cases.
Supervisor Meelan reported that the State has established a tentative 2011 equalization rate of 60% for the Town of Kirkland. The equalization rate was 58%.
Supervisor Meelan explained that White Creek, the bridge and the nature trails at the Town Park were damaged due to the heavy April rains. Jo-Anne Faulkner from Oneida County Soil & Water Conservation assessed the damage and made recommendations for repairs and stabilization. The Parks & Recreation crew can do the work and Superintendent of Highways Jonathan Scott said he could assist with highway equipment. A DEC permit is required.
Each Board member received a copy of the Workplace Violence Prevention Program and Procedures Manual drafted by Attorney Hallak.
A letter was received from D. Burth Realty, Inc. tendering the resignation of Dean F. Burth, as Assessor, effective July 3, 2011.
RESOLUTION #41
Upon motion of Councilman O'Neil, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the resignation from D. Burth Realty, Inc. of Dean F. Burth, Assessor, effective July 3, 2011.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Each Board member received a copy of the letter from Scalzo, Zogby & Wittig, Inc. requesting to be included in the Town's next insurance bid process. Supervisor Meelan explained that NYMIR has been the Town's Insurance Company for nine years and the Insurance Agent, Gates-Cole Insurance, for 30 years. Supervisor Meelan explained that the Town received $11,260 from NYMIR each year for three years. NYMIR initiated a program by which they would begin to share a portion of the reciprocal's current surplus based upon the amount of initial capital contribution from each subscribing member. The Town is eligible to receive $11,260 for a fourth year. Supervisor Meelan said his recommendation was to stay with NYMIR.
Councilman Arcuri stated that he was highly offended by the tone of the letter from Scalzo, Zogby & Wittig. The letter was insulting to the Town and to the Town's Insurance Agent
Attorney Hallak prepared a form for parental waiver and release for minor participants who engage in "Shoot N Skate" at the Arena.
RESOLUTION #42
Upon motion by Councilman O'Neil, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board approve the activity of "Shoot N Skate" at the Arena and;
FURTHER RESOLVED, that the Kirkland Town Board adopt the "Waiver of Liability & Assumption of Risk Release" form and direct the Arena Personnel to secure the signature of the single parent or signatures of both parents, if there is more than one parent, of a minor participant.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted. (A copy of the form has been made a part of these minutes.)
(see minutes of 5-9-2011, pg. 183)
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 - $58,852.73
B - $13,968.34
DA - $8,665.64
DB - $36,727.43
SS1 - $6,417.97
There being no further business to come before the Town Board, upon motion of Councilman O'Neil, seconded by Councilman Lewis the meeting adjourned at 7:40 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
