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 28, 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
Absent:
Councilman Anthony F. Arcuri
Supervisor Meelan called the regular meeting to order and asked all persons to stand for the Pledge of Allegiance.
Supervisor Meelan opened the Public Hearing on proposed Local Law No. 3 of 2011 regarding modification of parking restrictions on Griffin Road.
A copy of the Legal Notice, which was published in the September 14th edition of the Courier, has been made a part of these minutes.
No one present spoke to the Board regarding the "No Parking" zone on Griffin Road.
Supervisor Meelan noted that that the term for Margaret Afarian, a member the Board of Assessment Review, expires at the end of September. She would like to be reappointed.
RESOLUTION #82
Upon motion by Councilman O'Neil, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board reappoint Margaret Afarian to the Board of Assessment Review, with the term to expire September 30, 2016.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Arcuri absent)
A motion was made by Councilman Lomanto, seconded by Councilman Lewis to approve the minutes of August 24 and 29, 2011 as printed.
Upon the roll call vote, four voted aye, none opposed and the motion was declared carried. (Councilman Arcuri absent)
Members of the American Legion, Main Street, Clark Mills addressed the Board regarding flooding due to heavy rains from two tropical storms and sewage in the Post's basement. The Legion was forced to close to replace two furnaces, two tanks & compressors and electric wiring.
Supervisor Meelan will find out if the Town's Insurance Company can reimburse the Legion for their damages.
The Legion members also asked about the capacity of the Clark Mills Wastewater Treatment Plant with regard to the proposed conversion of the old mill building into apartments.
Supervisor Meelan explained that DEC permitted the existing sewer line with the original capacity for the old mill if it is converted into apartments. He went on to explain various solutions to the capacity issue at the Sewer Plant. One solution would be to consolidate with the Village of Clinton Wastewater Treatment Plant. The Village Plant has enough capacity to accommodate the Clark Mills area.
Kenneth Ellis and Sharleen Machold, White Street, complained about the sewage in their cellar when the French Road pump station shut down during the storms. Supervisor Meelan said that the Town will replace the old check valves at the three houses on White Street that were affected.
Supervisor Meelan updated the residents on the Oriskany Creek flooding and solutions. He spoke with Senator Griffo's office and asked if the State would indemnify the Town if the municipality snags and drags debris and was sued in the process. No answer has been received yet. Supervisor Meelan is also waiting for Attorney Hallak's opinion on the legal ramifications of snagging and dragging debris from the Creek. Supervisor Meelan is also waiting for an answer from the Town's Insurance Company regarding coverage.
David and Jona Patalino, requested a speed study on Harding Road. The road is dangerous because there are many young children catching the bus, high deer traffic and multiple blind spots in both directions.
RESOLUTION #83
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board request NYS Department of Transportation to conduct a traffic study to lower the speed limit on Harding Road, from the intersection of NYS Route 12B to the intersection of College Hill Road.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Arcuri absent)
Supervisor Meelan asked if there was any one who wanted to address the Board regarding parking restrictions on Griffin Road. No one present wished to address the Board.
RESOLUTION #84
Upon motion by Councilman Lewis, seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board close the Public Hearing on Local Law #3 of 2011, regarding modification of parking restrictions on Griffin Road.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Arcuri absent)
RESOLUTION #85
Upon motion by Councilman O'Neil, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board adopt Local Law #3 of 2011, a Local Law to amend the Code of the Town of Kirkland, Chapter 113, thereof entitled VEHICLES AND TRAFFIC by modifying parking restrictions on Griffin Road.
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 Absent
A copy of the Local Law has been made a part of these minutes.
Harold Heintz requested an extension to his Building Permit #1971, dated May 8, 2009. Board members discussed the unsightly, unfinished building on his Utica Street property and decided to approve an extension of the building permit with contingency.
RESOLUTION #86
Upon motion by Councilman O'Neil, seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board extend the Building Permit of Harold Heintz, (Building Permit #1971), for one year from September 28, 2011, contingent upon making the building on parcel #328.003-1-34 weather tight and install exterior siding on the entire structure and install all windows and doors within three months from September 28, 2011.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Arcuri absent)
The Town Clerk gave each Board member a copy of the tentative budget for 2012.
Supervisor Meelan announced that there is no increase in the Town tax rate and $20,000 was added to the Creek Rehabilitation line. The Budget Workshop was scheduled for the October 12th Board meeting and an additional workshop can be scheduled if needed. The public is invited to speak at the workshop.
RESOLUTION #87
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board schedule the Public Hearing on the 2012 Preliminary Budget and Assessment Rolls for Sewer and Water Districts for Wednesday, October 26, 2011 at 7:00 p.m.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Arcuri absent)
Supervisor Meelan announced the members of the committee to study hydrofracking: County Legislators George Joseph and Chad Davis, Councilman Arcuri, Gary Colarusso, David Wilbur and two representatives from the Planning Board and one representative from the Village. The meetings will be held the first Tuesday of each month.
Proposition No. 2011-1 for the November 8th General Election regarding consent of the qualified voters to sell surplus Town land needs to be amended. There is a discrepancy in the legal name of the entity proposing to purchase the Town's surplus land. The amendment was approved by Attorney Hallak.
(see minutes of August 24, 2011)
RESOLUTION #88
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board amend Proposition No. 2011-1
by deleting "from the Town of Kirkland to Creekside LLC" and "loft style" in the
first paragraph and "to Creekside, LLC" in the last paragraph.
Upon the roll call vote, four voted aye, none opposed and the resolution was declared adopted. (Councilman Arcuri absent)
A copy of the amended proposition has been made a part of these minutes.
A motion was made by Councilman Lewis, 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 - $68,073.94
B - $17,507.64;
DA - $13,925.97
DB - $34,228.56
SS1 - $7,807.17
SS2 - $9,517.50
Jonathan Scott explained that the frame is cracked on 1992 International dump truck and cannot be sold on e-bay. It can only be sold for parts. Board members had no objection to Mr. Scott selling the truck for parts only on Auctions International. (see Resolution #78, September 12, 2011 minutes)
Supervisor Meelan informed the Board that the Town received a Notice of Petition from Brookdale Senior Living & Alterra Healthcare Corporation & Clinton Brookside Drive to reduce their assessments. They claim their properties are over-assessed by $2.4 million. The Clinton Central School District stands to lose as much as $80,000 in tax revenues yearly. Supervisor Meelan and Attorney Hallak met the CCS representatives and it was proposed that the School's Attorneys, Bond, Schoeneck and King, represent the Town also. Board members unanimously agreed to this arrangement.
There being no further business to come before the Town Board, upon motion of Councilman O'Neil, seconded by Councilman Lewis the meeting was adjourned at 8:08 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
