Minutes of the Special 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 October 5, 2011, at 9:00 a.m.

Present:

Supervisor Robert J. Meelan            Attorney for the Town Anthony G. Hallak

Councilman Michael D. O'Neil                 

Councilman Anthony F. Arcuri

Absent:

Councilman Mark C. Lewis

Councilman Fred A. Lomanto

          Supervisor Meelan called the special meeting to order.

(The Special Meeting Notice was posted on official Town bulletin board outside the Town Clerk's office, at the Municipal Building and on the Town's website.  The Courier was also notified.  A copy of the Notice has been made a part of these minutes.)

          Supervisor Meelan said that the special meeting was called to decide whether to snag and drag debris from Oriskany Creek.  He explained that he was waiting for Attorney Hallak's opinion on the legal ramifications of snagging and dragging debris from  the Oriskany Creek and the Town's Insurance Company regarding coverage.  He was also waiting for DEC to inform the Town of their regulations.  DEC notified Jonathan Scott yesterday that the Town is permitted to snag and drag from the creek bank and the emergency authorization was extended to October 15^th.  Mr. Scott will work with DEC and Soil & Water Conservation District regarding the location of the snagging and where the debris will be taken.  He felt that this was a window of opportunity. 

Supervisor Meelan noted that up to $10,000 can be taken out of General A-  Contingency budget to pay for the rental equipment and manpower.

Attorney Hallak answered several of Councilman Arcuri's questions.  The written decision by the Honorable Samuel Hester noted that the Town does not have a statutory obligation to snag and drag the Oriskany Creek and the people who live along the creek have no right to expect that taking out log jams is an entitlement.  It is contrary to the benefit of Judge Hester's ruling if the Town elects to enter the Creek for the performance of such activities (i.e. snagging and dragging), as it could be determined, the Town is either voluntarily assuming a duty or, where we assume direction and control, create a special duty going forward.  The Attorney was also informed that there would be insurance coverage for damages arising out of negligence, if the Town chooses to go into the Creek.  Attorney Hallak noted that the Court might look unfavorably upon the Town, having been warned once, proceeding yet again with the same course of conduct.

Supervisor Meelan said he appreciated Attorney Hallak's opinion but in the light of what other communities are doing in the creeks to protect their residents, the Town should snag and drag areas of the Oriskany.

Attorney Hallak noted that New York State will not indemnify the Town if the Town snags and drags the Creek and is sued in the process.

Supervisor Meelan informed the Board that the State is excavating gravel on the inlet side of the NYS Route 5 bridge.

DEC will give the Town permission to snag and drag from the bank up to the 15^th of October.

RESOLUTION #89

Upon motion of Councilman O'Neil, seconded by Councilman Arcuri the following resolution was presented:

RESOLVED, that the Kirkland Town Board agree to snag and drag specific areas of the Oriskany Creek from the bank, not to exceed $10,000 in costs.

Upon the roll call vote, three voted aye, none opposed and the resolution was declared adopted.  (Councilmen Lewis and Lomanto absent)

There being no further business to come before the Town Board, upon motion of Councilman O'Neil, seconded by Councilman Arcuri the meeting adjourned at 9:15 a.m.

                                                          Dianne V. Tuttle, Town Clerk