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 24, 2011, at 7:00 p.m.
Present:
Supervisor Robert J. Meelan
Councilman Mark C. Lewis
Councilman Fred A. Lomanto
Councilman Anthony F. Arcuri
Absent:
Councilman Michael D. O'Neil
Supervisor Meelan called the regular meeting to order and asked all persons to stand for the Pledge of Allegiance.
The Legal Notice to Bidders for new truck equipment: two snow plows & wings, two dump bodies and one sander, was read. The Legal Notice, which was published in the August 10, 2011 edition of the Courier, has been made a part of these minutes. Three bids were received and a certified check or bond and a Non-Collusive Certificate were enclosed in each bid. Supervisor Meelan opened the bids:
--Henderson Truck Equipment-NY, 22686 Fisher Road, Watertown, NY, 13601
Bid both packages totaling $146,997, minus $1,000 if both packages were accepted.
--Viking Cives (USA), 14331 Mill St., Harrisville, NY 13648, bid $85,995 on Package 1 and $64,995 on Package 2, totaling $150,990.
--Wayne's Welding, Inc., 66 Calder Avenue, Yorkville, NY 13495, bid $69,251 on Package 2.
RESOLUTION #64
Upon motion by Councilman Lomanto, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board authorize Councilman Lewis and Superintendent of Highways Jonathan Scott to canvass the bids and return with a recommendation.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman O'Neil absent)
A letter was received from the Town of Schuyler asking for support of a resolution to continue assistance from NYS Department of State to provide State mandated training to Planning Board and Zoning Board of Appeals members.
RESOLUTION #65
Upon motion by Councilman Lomanto, seconded by Councilman Arcuri the following resolution was presented:
WHEREAS, in compliance with the NYS Mandate requiring all Municipal Planning Board and Zoning Board of Appeals Members to obtain four (4) hours of training annually, the Town of Kirkland has participated in the 2011 Annual 4-Hour Regional Planning & Zoning Training Seminar at the Schuyler Town Hall held on June 1, 2011; and ,
WHEREAS, the Qualified NYS Department of State Training Staff has rendered invaluable support to our municipality by providing training to Planning
Board and Zoning Board of Appeals members enabling them to fulfill the State mandate 4-hour training requirement, and has provided Certified In-Service training for Codes Officers; and,
WHEREAS, all municipal officials in attendance have benefitted greatly from the training provided by NYS Department of State Training personnel;
THEREFORE, be it resolved this 24th day of August, 2011 by voice vote that the Kirkland Town Board hereby requests the continuity of the NYS Department of State's Training staff and its ability to provide State mandated training to Planning Board and Zoning Board of Appeals members and Codes Officers, and to continue as a valuable resource for all other municipal officials throughout New York State.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman O'Neil absent)
A copy of the resolution will be sent to State Senator Joseph Griffo and State Assemblywoman Claudia Tenney.
A motion was made by Councilman Lewis, seconded by Councilman Arcuri to approve the minutes of July 19, 2011 as printed.
Upon the roll call vote, four voted aye, none opposed and the motion was declared carried. (Councilman O'Neil absent)
Supervisor Meelan informed Board members that a letter was received from the Town's Engineering Firm, Shumaker Consulting Engineering and Land Surveying. The letter noted that the Engineer assigned to the Town, Chester Szymanski, had taken a position with another Engineering Firm. The Town's new contact person would be Brian Whittaker or if he was not available, Dan Faldzinski, Senior Project Engineer. Supervisor Meelan would prefer to have Mr. Faldzinski as the Town's Consultant because he is more experienced. Board members agreed and the Supervisor will notify the firm tomorrow.
Supervisor Meelan reported that the incentive check in the amount of $7,200 was received from National Grid for the new lighting at the Arena.
The Indie Garage Sale, which was held at the Arena last weekend, was a huge success.
Highway Superintendent Scott said that the low bidder, Henderson Truck Equipment, and met the specifications. The other two bidders made changes to the equipment specifications.
RESOLUTION #66
Upon motion by Councilman Arcuri, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the low bid from Henderson Truck Equipment-NY for the two truck equipment packages in the amount of $145,997.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman O'Neil absent)
The Legal Notice to Bidders for repair of the Highway Garage wall was read. The Legal Notice, which was published in the August 10, 2011 edition of the Courier, has been made a part of these minutes. Two bids were received and a certified check or bond and a Non-Collusive Certificate were enclosed in each bid. Supervisor Meelan opened the bids:
--George M Chamberlain, 6003 Tanner Road, Oriskany Falls, NY 13425 bid $87,500.
--John Spinella, P O Box 896, Clinton, NY 13323 bid $115,000.
RESOLUTION #67
Upon motion by Councilman Lewis, seconded by Councilmen Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board authorize Councilman Arcuri and Lewis to canvass the bids and return with a recommendation.
Upon the roll call vote, four voted aye, none opposed and the motion was declared adopted. (Councilman O'Neil absent)
Councilmen Arcuri and Lewis said they would like time to canvass the bids and suggested scheduling a special meeting to award the bid.
RESOLUTION #68
Upon motion by Councilman Lewis, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board schedule a special meeting for Monday, August 29, 2011, 9:00 a.m. at the Municipal Building.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman O'Neil absent)
Charles Tomaselli, Developer, would like to convert the existing Mill Building, 7692 Main Street, Clark Mills, into 49 loft style apartments. The project did not have the required acreage and he negotiated with the Town of Kirkland to purchase 2.44 acres for $7,500. The parcel to be purchased is adjacent to the Clark Mills Fire Department, Senior Center and the Kirkland Police Offices. The Planning Board unanimously approved the Creekside Apartments LLC project. The Purchase Offer Agreement was prepared by Attorney Hallak.
Supervisor Meelan noted that if this project goes through, there will be associated costs to the Town for new storm drainage and snow removal by truck from the parking lots for the Senior Center and Clark Mills Fire Department.
RESOLUTION #69
Upon the motion by Councilman Lomanto, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the Purchase Offer Agreement with Creekside Apartments, LLC c/o Charles Tomaselli to purchase 2.44 acres of a vacant Town parcel, part of tax map #315.019-1-1, for $7,500, subject to Mandatory Referendum.
FURTHER RESOLVED, to authorize Supervisor Meelan to sign the Purchase Offer Agreement between the Town of Kirkland and Creekside Apartments, LLC, c/o Charles Tomaselli.
This Resolution was adopted by the following votes:
Supervisor Robert J. Meelan Voting Aye
Councilman Michael D. O'Neil Absent
Councilman Mark C. Lewis Abstain
Councilman Fred A. Lomanto Voting Aye
Councilman Anthony F. Arcuri Voting Aye
A copy of the survey map and legal description has been made a part of these minutes.
RESOLUTION #70 Submission of Premises at 2 New Street to Voters
Upon motion by Councilman Lewis, seconded by Councilman Lomanto the following resolution was presented:
WHEREAS, the Town of Kirkland is the owner of premises at 2 New Street, Clark Mills, Town of Kirkland more particularly described in Exhibit "A"; and
WHEREAS, Charles Tomaselli and Creekside, LLC will enter into a contract with the Town of Kirkland to acquire the premises described in Exhibit "A"; and
WHEREAS, prior to the sale of the real property as heretofore described, the Town of Kirkland requires the consent of the voters of the Town;
NOW, THEREFORE, it is
RESOLVED, that the Town of Kirkland submit the matter of the sale of the premises to a public referendum and a vote of the qualified electors for the Town of Kirkland on November 8, 2011, and it is further
RESOLVED, that the premises be sold for $7,500; and it is further
RESOLVED, that this resolution shall become effective upon the consent of the Board for the Town of Kirkland.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman O'Neil absent)
A copy of the proposition (#2011-1) has been made a part of these minutes.
A letter of resignation was received from Police Officer Wayne R. Smoulcey.
RESOLUTION #71
Upon motion by Councilman Lewis seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept with regret the resignation of full time Police Officer Wayne R. Smoulcey, effective August 31, 2011from the Town of Kirkland, with a Civil Service lateral transfer to the Oneida County Sheriff's Department, effective September 1, 2011.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman O'Neil absent)
Police Chief English recommended that Officer Trainee Christopher Paravati be appointed from the Civil Service list to the position of full time Officer.
RESOLUTION #72
Upon motion by Councilman Lewis, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board appoint Officer Trainee Christopher J. Paravati to the position of full time Police Officer, effective September 1, 2011, with a probationary period not to exceed 52 weeks.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman O'Neil absent)
Chief English reported that $9,250.00 was offered for the 2008 Dodge Charger, which was advertised on e-Bay. The total fees are $925.00, leaving a sale price to the Town of $7,982.45.
RESOLUTION #73
Upon motion by Councilman Lomanto, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the final offer of $7,982.45 to the Town for the sale of the 2008 Dodge Charger Police vehicle on e-Bay.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman O'Neil absent)
Chief English reported that he performed a road count on Post Street from July 16 to 25th. The speed limit on Post Street is 50 MPH. 70% of the 5,958 vehicles were in speed compliance. Enforcement of the speed limit has been initiated.
Chief English and Superintendent of Highway Scott informed the Board that Hamilton College created a crosswalk on Griffin Road without authorization of the Town. The Kirkland Town Board is required to adopt a local law to legally create a crosswalk. Attorney Hallak will talk to Mike Debraggio from Hamilton College and the matter will be discussed and resolved at the Special Meeting on August 29.
Board members had no objection to the Veterans of Foreign Wars, Post 9591 renewing their liquor license for their establishment located on Franklin Avenue.
A motion was made by Councilman Arcuri, seconded by Councilman Lomanto to pay the bills as audited. Upon the roll call vote, four voted aye, none opposed and the motion was declared carried. The totals are:
A - $33,623.61
B - $16,748.14
DA - $10,493.18
DB - $24,056.16
SS1 - $5,520.75
There being no further business to come before the Town Board, upon motion of Lewis, seconded by Councilman Arcuri the meeting was adjourned at 7:55 p.m.
Dianne V. Tuttle, Town Clerk