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 June 13, 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
Also Present: Kevin Griffin, Building Inspector, Edward Kaido, Chairman, Kirkland Planning Board, Jim Cunningham, Operator, Clark Mills Wastewater Treatment Plant
Supervisor Meelan called the regular meeting to order and asked all persons to stand for the Pledge of Allegiance.
A moment of silence was observed in honor of Oneida County Deputy Sheriff Kurt Brian Wyman, who died on June 7 from a gunshot wound he suffered in the line of duty during a stand-off incident.
Architect Chuck Tomaselli addressed the Board on behalf of his client, Creekside Apartments, LLC. They plan to renovate the old textile mill on Main Street in Clark Mills into loft style apartments. There is a concern whether or not the sewer plant capacity is adequate to handle the proposed 49 units.
Supervisor Meelan noted that notification was received from the NYS Department of Environmental Conservation allowing the Town to proceed with the Creekside Apartment project, even though the sewer plant is under a consent order.
Attorney Hallak explained that final approval has not been granted by the Planning Board. He proposed, based upon the DEC letter, to outline some conditions for the Planning Board, such as request the applicant acknowledge he understands the Town is under a consent order and that there are certain risks associated with the flow. Attorney Hallak will recommend that the Planning Board require installation of some sort of a flow valve for monitoring purposes. He said that if the Planning Board adopts the DEC conditions, the project can move forward.
A meeting has been scheduled for Thursday with representatives from Creekside Apartments, LLC, Supervisor Meelan, Attorney Hallak and Jim Cunningham to address the conditions and concerns. Attorney Hallak will also make sure any pipes or anything that is disturbed outside the facility that may affect flow into the plant is addressed as part of their project.
Supervisor Meelan added that DEC noted that if an outside pipe was disturbed, it would have to go back to DEC for a permit.
Mr. Tomaselli thanked the Town Board and said that the existing 5" inside diameter sewer line will handle all the anticipated flow. He said that they will not need to disturb the size of the line to the sewer facility.
A motion was made by Councilman Lewis, seconded by Councilman O'Neil to approve the minutes of May 25, 2011 as printed.
Upon the roll call vote, five vote aye, none opposed and the motion was declared carried.
A Fireworks Application was submitted by Majestic Fireworks, Inc. for their client, Joseph Salerno. Attorney Hallak reviewed the application and Chief English checked the distances from the fireworks to the audience. Both recommended approval.
RESOLUTION #43
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board grant permission for the July 30, 2011 fireworks display sponsored by Joseph Salerno at 3052 South Street. Fireworks Display Permit #2011-04.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
The Town Attorney has not reviewed the specs for the bid for the two highway trucks.
RESOLUTION #44
Upon motion by Councilman Arcuri, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board advertise for bids for two, 2012 Class 8, 6 x 4 cab and chassis trucks with minimum GVW of 66,000 pounds, bids returnable July 11, 2011; contingent upon Attorney Hallak's approval of the specifications.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Councilman Arcuri reported that the engineer's specifications to complete repairs to the Highway Garage will be delivered on June 28th.
Chief English reported that there were 177 complaints in May: 136 in the Town and 35 in the Village. He said that the Kirkland Art Center 5K Run & Walk went smoothly with the new route; as well as, the Stone Soup Storytelling Festival that took place the following weekend.
Councilman Lewis noted that a memo should be sent to all Department Heads notifying them that any business performing work for the Town must have a Certificate of Insurance on file with the Town and Workers' Compensation insurance coverage, if there are employees.
Councilman Lomanto reported that work has started on the new Arena ceiling. The Recreation Department crew repaired & reset the bridge and stabilized the creek bank at the Town Park.
Board members reviewed the May Safety Inspectors' Reports and the Animal Control Report.
Michael Griffin reported that he has completed all necessary NYS courses to be certified as a "Code Compliance Technician (Fire Inspector). He will continue taking courses and finish in September, at that time he will be certified as a NYS Code Enforcement Official (Officer). This will allow him to enforce all NYS Building Codes, Property Maintenance Codes, Energy Codes and the Fire Codes, and continue to enforce all local codes.
Supervisor Meelan informed the Board that National Grid is awarding the Town a $6,300 rebate check for installing energy efficient lights at the Arena.
Attorney Hallak has reviewed the new Time Warner cable contract. Attorney Hallak needs the Board approval to negotiate changes regarding the reimbursement rate, insurance & indemnification provisions and service.
RESOLUTION #45
Upon motion by Councilman Lewis, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Town Board authorize Attorney for the Town, Anthony Hallak, to negotiate the Time Warner Cable contract on behalf of the Town of Kirkland.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Board members discussed purchasing one or two new dumpsters for the Transfer Station if there was enough money in the account. The old dumpsters are in poor condition and cannot be repaired. A new dumpster costs between $6,000 and $6,500.
A letter was received from Empire Health Insurance and the projected increase for 2012 will be $13,300 or $13,500. Councilman Arcuri stated he would like to explore other insurance Companies. He noted that the Board cannot negotiate retirees health insurance. Supervisor Meelan will check the Highway Contract to see if Empire Plan is specifically noted.
Supervisor Meelan announced that there will be a Codes Workshop at the August 24th Board meeting.
A motion was made by Councilman O'Neil, seconded by Councilman Lomanto 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 - $17,584.74
B - $32,782.42
DA - $18,324.92
DB - $3,096.51
SS1 - $15,371.19
A motion was made by Councilman Lewis, seconded by Councilman Arcuri to enter into executive session to discuss collective negotiations.
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 Arcuri 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 Arcuri, seconded by Councilman Lewis the meeting adjourned at 8:25 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
