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 September 12, 2011, at 7:00 p.m.
Present:
Supervisor Robert J. Meelan Attorney for the Town Anthony G. Hallak
Councilman Michael D. O'Neil
Councilman Fred A. Lomanto
Councilman Anthony F. Arcuri
Absent:
Councilman Mark C. Lewis
Supervisor Meelan called the regular meeting to order and asked all persons to stand for the Pledge of Allegiance.
A resident of Stafford Circle addressed the Board concerning flooding at his home due to ground water issues during heavy rains. Superintendent of Highways Scott said he has money in the budget to clean out the ditch on the right-of-way and look into laying a larger pipe under the road.
Scott Cook, owner of Heron Creek Golf Club on Kirkland Avenue, addressed the Board regarding flooding of the Oriskany Creek following Tropical Storm Lee on September 7th & 8th and Tropical Storm Irene on August 28th. He noted that the Governor and the Department of Environmental Conservation has suspended permit requirements until October 1st so that local governments and private landowners can repair damage and stabilize streams. Mr. Scott urged the Town to clean out log jams in the creek to reduce flooding.
Attorney Hallak reminded the Board of State Supreme Court Justice Samuel Hester's decision in the lawsuit against the Town of Kirkland regarding flooding of the creek in 2000 and 2001. Landowners sued alleging, among other things, that the flooding on NYS Route 5 was a result of the Town of Kirkland removing log jams in the Oriskany Creek. He noted that the Oriskany Creek is State owned and controlled and when that lawsuit started all the good intentions of the State of New York and the Department of Environmental Conservation went by the wayside. Attorney Hallak urged the Board to keep that in mind as the problem is evaluated and also why the Town was involved in that litigation.
Attorney Hallak said that the Town has the right to go into the Creek with DEC permits, but that does not change the claim of a property owner to sue because the Town's conduct exasperated or created some other condition which made the creek worse. Attorney Hallak warned the Board, that by going into the Creek the Town could create a special duty to maintain that area on a regular basis. The State, as owner of the Creek, has the obligation to alleviate the flooding problems.
Attorney for the Town Anthony Hallak cautioned the Board to digest the information, learn from the Town's history so the correct decision is made and whether to assume the risk.
Board members empathized with residents and discussed at length various issues and possible solutions to help ease the flooding of the Oriskany Creek. It was decided to look into the projected cost of snagging log jams, evaluate the legal recommendations and make a decision based upon this information.
Thomas O'Hara, Kirkland Avenue, said the question should be how much money is the Town willing to spend to stop the flooding. Mr. O'Hara has been flooded three times.
Supervisor Meelan asked how much, Mr. O'Hara, the taxpayer, is willing to spend - the taxpayer is the bank. Mr. Meelan noted that all the taxpayers in the Township would pay for the project; therefore the Board also has to consider the best interest of all the taxpayers.
Rich Burdick, Laurel Place, said he lost 20 to 30 feet of land to the Oriskany Creek.
The Supervisor declared a Local State of Emergency on September 8 for five days to preserve the public safety and render all required and available services vital to the security, well-being and health of the citizens of the community. (The Local State of Emergency was extended again until the evening of September 18, 2011. )
Gary Colarusso informed the Board that DEC has granted a 60 day public comment period regarding hydrofracking issues.
RESOLUTION #75
Upon motion by Councilman Arcuri, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, to increase A7150.4 (Arena Contractual Expense) by $66,997.00 to pay for the new Arena lighting and ceiling.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Lewis absent)
Supervisor Meelan noted that each Councilman had a copy of the Workplace Violence Prevention Program & Procedures Manual and he requested a resolution to adopt. Mr. Meelan added that the Assessment Team's formation and the training schedule will follow.
RESOLUTION #76
Upon motion by Councilman Arcuri, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board adopt the Workplace Violence Prevention Program and Procedures Manual.
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 Absent
Councilman Fred A. Lomanto Voting Aye
Councilman Anthony F. Arcuri Voting Aye
A copy of the Workplace Violence Prevention Program and Procedures Manual has been made a part of these minutes.
A motion was made by Councilman O'Neil, seconded by Councilman Arcuri to approve the minutes of August 8, 2011 as printed.
Upon the roll call vote, four voted aye, none opposed and the motion was declared carried. (Councilman Lewis absent)
Attorney Hallak reported that the first draft rewrite of the Town Sewer Use Law was filed with DEC as part of the conditions of the Consent Order. He said that the Town is in compliance, but the Law needs further amending.
The Town Clerk reported on the Petition for Amendment to the Zoning Ordinance on a 13 acre parcel on NYS Route 12B. The Developer, David Lane, on behalf of Hamlin House Ltd. requested a zone change from Rural Residential to Planned Development. The Oneida County Planning Department and Soil and Water Conservation cannot provide the Town with a recommendation because the SEQR is inaccurate. The Developer is in the process of hiring an engineer to complete the form.
Attorney Hallak advised that a letter be sent to Mr. Lane confirming that the time limit on the commentary period of various State and County Departments is suspended until the full Environmental Assessment form is accurately completed and submitted to the Town.
Board members voiced no objection to David Doyle, owner of Breakaway Lounge, 3573 NYS Route 12, renewing the liquor license.
Jonathan Scott, Superintendent of Highways, informed the Board that he has two new trucks on order and one of these trucks will replace an old truck. He would like to declare the old truck a surplus in order to sell it on e-Bay. Mr. Scott noticed, during a routine inspection, that the old truck had a 10 inch crack in the frame.
RESOLUTION #77
Upon motion by Councilman O'Neil, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board declare the 1992 International 10-wheel dump truck with an aluminum dump box, VIN#1HTGGCUT3NH 401358, as a surplus truck.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Lewis absent)
RESOLUTION #78
Upon motion by Councilman O'Neil, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board authorize Highway Superintendent Scott to sell the surplus truck, a 1992 International 10-wheel dump truck, with an aluminum dump box, VIN#1HTGGCUT3NH401358, on e-Bay in "as is condition".
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Lewis absent)
The Superintendent of Highways explained that three trucks were budgeted under the lease program and two trucks are on order. Mr. Scott would like to purchase the third truck under the Office of General Services, State Contract.
RESOLUTION #79
Upon motion of Councilman Arcuri, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board authorize Superintendent of Highways, Jonathan Scott, to purchase a 2012 International medium-duty truck chassis in the amount of $76,432.00 and the following equipment: dump body, front plow, wing plow and sand spreader in the amount of $60,155.00 totaling $136,587.00, under New York State Office of General Services Contract #PC62757.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Lewis absent)
Superintendent of Highways reported that the crew is picking up water soaked items that were removed from cellars due to severe flooding on Sanford Avenue and University Place. They will continue on to Clark Mills.
Supervisor Meelan thanked the Highway crew, volunteer Ambulance Corps, volunteer Fire Departments and the Kirkland Police for an outstanding job during and after the storm.
Chief English reported that there were 182 complaints in August: 144 in the Town and 38 in the Village.
Chief English requested that the distances of the No Parking zone on Griffin Road (proposed Local Law #3 of 2011) be increased.
RESOLUTION #80
Upon motion of Councilman O'Neil, seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board amend proposed Local Law #3 of 2011 by increasing the distances of the No Parking, No Standing, No Stopping" on Griffin Road as follows: to extend the west side of Griffin Road from 1682 feet to 2412 feet and extend the east side of the road from 1238 feet to 1262 feet.
FURTHER RESOLVED, that the Kirkland Town Board authorize the Attorney for the Town Anthony Hallak to amend the latest copy of the proposed Local Law that was received by the Town Board.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Lewis absent) Each Board member will receive a copy of the amended Local Law.
RESOLUTION #81
Upon motion by Councilman Lomanto, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board schedule a Public Hearing on September 28, 2011 at 7:00 p.m. regarding the proposed Local Law #3 of 2011 to modify parking restrictions on Griffin Road in the Town of Kirkland Code.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Lewis absent)
Police Chief English explained that the final offer on the 2006 Dodge Charger for sale on e-Bay was too low. A classified add will be published in the Courier, to sell the car in "as is" condition. Sealed bids will be opened at the October 12, 2011meeting. Board members agreed.
Board members reviewed the Safety Inspectors' reports for August and the Animal Control Report.
Supervisor Meelan reported that there was a request from Bruce Evans to remove the handicapped parking signs on the north side of Mill Street where his building is located. He requested the Handicapped Parking zone some years ago and the required local law was adopted. Mr. Evans has moved his ramp to the front of his building and would like the signs on Mill Street removed. Attorney for the Town Hallak, Supervisor Meelan and Police Chief English recommended that the signs remain because the Handicapped Parking area is used by the church and dance studio. Board members unanimously agreed.
Supervisor Meelan explained that Troy & Banks, utility consultants, offered to perform an audit on the Town's National Grid accounts, with compensation to be a percentage of the refunded amount. Board members unanimously agreed to the audit.
Councilman Arcuri said he was offended that the State of New York is directing municipalities on how to run their Townships and how to budget by passing the property tax cap legislation.
A motion was made by Councilman Arcuri, seconded by Councilman O'Neil to pay the bills as audited.
Upon the roll call vote, four voted aye, none opposed and the motion was declared carried. The totals were:
A - $17,661.57
B - $20,331.46
DA - $12,693.21
DB - $39,407.68
SS1 - $7,141.69
SS2 - $29.23
Building Inspector Kevin Griffin explained to Board members the requirements and process that is followed during the building permit process.
Melinda Albertine, Planning Coordinator, revised the Building Permit, as well as, detailed sheets to list the forms given to applicants. The building application form and requirements, along with information sheets for swimming pools, decks and a list of commonly asked questions will be available on our Town website.
Michael Griffin, Code Enforcement Officer, explained various forms to the Board that he has developed for Fire Codes and Safety Inspections. There are a total of 124 Fire Code inspections completed in the Town of Kirkland - 26 structure inspections yearly and 98 inspections every three years. He recommended that the Town Board update the Fire Prevention & Building Code with State regulations.
Supervisor Meelan asked Michael Griffin to meet with Attorney Hallak to review the State regulations and draft a local law. Board members agreed.
There being no further business to come before the Town Board, upon motion by Councilman O'Neil, seconded by Councilman Arcuri the meeting adjourned at 8:40 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
