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 August 8, 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.
Richard and Michael Hodinger, Martin Road, addressed the Board regarding the noise and fumes created when the Schaller Pool Water tanker draws water from White Creek near their house.
Superintendent of Highways Jonathan Scott said that the tanker could draw the pool water from the Oriskany Creek located behind the Highway Garage. Board members agreed that this was a satisfactory solution. Mr. Scott will contact Jeff Schaller.
Supervisor Meelan opened the Public Hearing on Local Law #2 of 2011 entitled, "Dogs". The Legal Notice of Public Hearing, which was published in the July 20, 2011 edition of the Courier, has been made a part of these minutes. No one in attendance commented on the proposed Local Law.
Supervisor Meelan noted that there were no bids received on July 19th to repair the Highway Garage and Attorney Hallak advised the Board to go out for bids again.
RESOLUTION #55
Upon motion by Councilman Lewis, seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board advertise for bids to repair the Highway Garage, with the bids to be opened on Wednesday, August 24, 2011, at 7:15 p.m. at the Municipal Building, 3699 State Route 12B.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
The Town Clerk reported that she received a copy of a Petition for Amendment to the Zoning Ordinance from David Lane, Developer for Hamlin House Ltd. Mr. Lane requests that the zoning classification on 13 acres of land located at 3406 NYS Route 12B, Tax Map #346.000-1-52.2, be changed from Rural Residential to Planned Development. A copy of the petition was given to the Supervisor and the Attorney for the Town. Attorney Hallak reviewed the Petition and it was complete. Each Board member received a copy of the Petition.
RESOLUTION #56
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the Petition for Amendment to the Zoning Ordinance from David Lane, Developer for Hamlin House Ltd, to change the zoning on tax map parcel #346.000-1-52.2 from Rural Residential to Planned Development.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
A recommendation will be requested from the Kirkland Planning Board and referred to Oneida County Department of Planning for review and recommendation.
Nancy Thompson, Dean of Students at Hamilton College, explained that the College is in the process of building sidewalks on the west side of Griffin Road. Vehicles parked in this area will not provide enough roadway for two-way traffic. The College has requested a "no parking" zone on the west side of Griffin Road and modified on the east side. Chief English and Superintendent of Highways Scott approved of the request:
"No Parking, No Standing and No Stopping" zone will be located as follows:
From the Griffin Road Apartments Driveway south on the west shoulder of the roadway for a distance of 1,682 feet to the intersection of College Hill Road.
From College Hill Road intersection northerly for a distance of 1,238 feet (east side) ending in proximity to the Hamilton College Softball Field and opposite the 3853 Griffin Road Driveway.
RESOLUTION #57
Upon motion by Councilman Lewis, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board direct Attorney Hallak to prepare a proposed Local Law to modify parking on Griffin Road.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Francis Manfredo, Hamilton College Safety, requested a Memorandum of Understanding giving authority to Hamilton College to temporarily close a portion of College Hill Road during heavy snowfall. Chief English noted that only law enforcement can close a roadway. Attorney Hallak said that the Town cannot enter into a contract (MOU) that is not legally enforceable.
The Representatives of Hamilton College also requested authority for Campus Safety to hold confiscated contraband, including small amounts of marijuana, paraphernalia and narcotic drugs until the end of the month. The proposed Memorandum of Understanding was to limit the number of times the Kirkland Police Department had to visit the campus to collect illegal contraband.
Town Attorney Hallak noted the State Education Law 662 states that the authority for this type of an arrangement would have to be with the Oneida County Sheriff's Office.
A motion was made by Councilman O'Neil, seconded by Councilman Lewis to approve the Minutes of June 29, 2011 as printed.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
A motion was made by Councilman O'Neil, seconded by Councilman Arcuri to approve the minutes of July 11, 2011 as printed.
Upon the roll call vote, three voted aye, none opposed, Councilmen Lewis and Lomanto abstained and the motion was declared carried.
Supervisor Meelan explained that Fred and Judy Wollins bought the property formerly owned by the Weimer Family. The land, 149' x 117', is located next to the Municipal Building and is used periodically for overflow parking when Town court is in session and related municipal activities. The Wollins have agreed to allow parking on their property and the Town will mow, plow and maintain the area as in-kind services.
RESOLUTION #58
Upon motion by Councilman O'Neil, seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board enter into an agreement for Exchanged Services with Judith and Frederick Wollin regarding the use of their land for parking during municipal activities.
FURTHER RESOLVED, that the Kirkland Town Board authorize Supervisor Meelan to sign the Exchanged Services Agreement.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Attorney Hallak and Police Chief English reviewed the Hamilton College Fireworks application and recommended approval.
RESOLUTION #59
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 Bicentennial Celebration fireworks display on September 23, 2011(rain date September 24) sponsored by Hamilton College. Permit #2011-5.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
A tornado touched down on Kellogg Street and Route 12 and strong microbursts tore through Clark Mills and Franklin Springs on July 26, 2011 leaving a trail of destruction. Superintendent of Highways Scott praised his crew for the endless hours of hard work chipping and removing dump truck loads of fallen trees and limbs. The Highway Department was assisted by the Towns of Marshall and Westmoreland. Police Chief English added that the Town of New Hartford did not have electricity and came to Kirkland for gas for their highway trucks and police vehicles.
Police Chief English reported that there were 198 complaints in July: 150 in the Town and 48 in the Village.
Board members reviewed the Safety Inspectors' reports and the Animal Control report.
A letter of resignation was received from part-time Police Officer Paul Colburn.
RESOLUTION #60
Upon motion by Councilman O'Neil, seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the resignation of part-time Police Officer Paul Colburn, with regret, effective July 30, 2011.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Meelan noted that due to a decrease in attendance at Arena events, Karin Litz, operator of the food concession, requested a $500 reduction in her contract.
RESOLUTION #61
Upon motion by Councilman O'Neil, seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board reduce the Arena Concession Contract from $2,500 to $2,000 for one year.
Upon the roll call vote, five voted aye, none opposed and the motion was declared adopted.
A note was received from Shirley Hooson, President to the Clark Mills Historical Society thanking the Town Board, Jonathan Scott, Paul Grube and Mr. & Mrs. Nate Meyer for cleaning out and painting the basement of the Senior Center. The Society is housed in this area and they hosted a stroll by the Landmark Society of Oneida County.
Supervisor Meelan informed Board members that $64,380 of mortgage tax money was received. The total to date is $130,926, which is $4,000 under the projected budget. The Town also received the third check in the amount of $11,259.21 from NYMIR (New York Municipal Insurance Reciprocal). The Town receives property & casualty insurance coverage through NYMIR. 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 first distribution was paid in 2009.
A motion was made by Councilman O'Neil, seconded by Councilman Arcuri to pay the bills as audited and hold the $1,000 check temporarily for vendor, Belois Roofing Service for rental of a dump trailer for the Park.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried. The totals were:
A - $37,741.62
B - $21,478.90
DA - $16,559.93
DB - $99,188.89
SS1 - $3,371.65
SS2 - $29.22
Supervisor Meelan asked if there was any one who wanted to address the Board regarding the proposed Local Law #2 of 2011 entitled "Dogs". No one present wished to address the Board.
RESOLUTION #62
Upon motion by Councilman Lewis, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board close the Public Hearing on Local Law #2 of 2011, entitled "Dogs".
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
RESOLUTION #63
Upon motion by Councilman Lewis, seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board adopt Local Law #2 of 2011, entitled "Dogs".
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
There being no further business to come before the Town Board, upon motion of Councilman Lewis, seconded by Councilman Arcuri the meeting adjourned at 8:05 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
