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 October 26, 2011, at 7:00 p.m.

Present:

Supervisor Robert J. Meelan           

Councilman Michael D. O'Neil                 

Councilman Mark C. Lewis

Councilman Fred A. Lomanto

Councilman Anthony F. Arcuri

Also Present:

Oneida County Legislator D. Chad Davis

          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 the Preliminary Budget and Assessment Rolls for Sewer and Water Districts of the Town of Kirkland for the Year 2012.  The Legal Notice, which was published in the October 12, 2011edition of the Courier, has been made a part of these minutes.  Mr. Meelan stated that the respective budget lines either remain flat or have minor increases or decreases.  The Town will continue to provide the same level of services even though there may be reductions in revenues from State and County governments because the overall economic conditions of the region have not improved.  He thanked Rose Marie Arcuri, Town Budget Director, for preparing an excellent, easier to read budget and Department Heads for their support.

          No one present addressed the Board regarding the 2012 budget.

          A motion was made by Councilman O'Neil, seconded by Councilman Lomanto to approve the minutes of September 28 and October 5, 2011 as printed. 

          Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.

          Supervisor Meelan received a letter from Assemblywoman Claudia Tenney requesting another meeting to address Oriskany Creek flooding issues on Route 5 and stream management.  Supervisor Meelan, Police Chief English, Superintendent of Highways Scott, Legislator D. Chad Davis, Judith Drabicki,  NYS Department of Conservation Regional Director and a representative from the NYS Department of Transportation will attend the meeting on November 2 along with a few flood victims.

          Clinton Youth Hockey members would like to hold a scrap metal drive fundraiser.  They asked the Town to donate two rolloffs and a loader on the day of the drive.  Mike Orsino will operate the loader.

          RESOLUTION #94

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

          RESOLVED, that the Kirkland Town Board allow the Clinton Youth Hockey members to use two rolloffs and a loader for their metal drive fundraiser, under the supervision of Recreation Maintenance Superintendent Mike Orsino.

          Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.

          A letter of resignation was received from Charles Peck, Highway Department, effective November 2, 2011.

          RESOLUTION #95

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

          RESOLVED, that the Kirkland Town Board accept the resignation of Charles Peck, Motor Equipment Operator, effective November 2, 2011.

          Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.

          Board members agreed to allow Troy & Banks, utility consultants, to perform an audit on the Town's National Grid accounts (see minutes of 09-12-2011).  Supervisor Meelan received a letter that they will be reviewing the bills.  The entire process, audit, detailed audit and refund claim negotiations & cost implementation, will take approximately 9 months.

          Supervisor Meelan noted that at the September 28th meeting the Board proposed to extend Harold Heintz's building permit, contingent upon making the building weather tight and installing windows, doors and siding on the structure by the end of December.  A letter was received from Mr. Heintz explaining the reasons why he could not make the building weather tight within the three month time frame.  Codes Enforcement Officer, Michael Griffin, said he also read Mr. Heintz's letter of October 13 and sent Mr. Heintz a letter reiterating the Town Board's conditions placed upon extending the Building Permit.

          Superintendent of Highways Jonathan Scott reported that he met with FEMA representatives and finalized the claims from the April 26 through May 8 storms.  The Highway Department will be reimbursed $20,099.61 for road repair and the Parks and Recreation Department will be reimbursed $11,699.33 for clearing debris and repairing damage to hiking trails at the Kirkland Town Park.

          Councilman Arcuri talked with the Board regarding the feasibility and engineering study from Johnson Controls to develop a plan to pump sewage from Clark Mills to the Clinton Wastewater Treatment Plant.  Financing the proposed project was also discussed.

          A motion was made by Councilman O'Neil, seconded by Councilman Arcuri to pay the bills as audited.

          Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.  The totals were:

          A - $94,758.55

          B - $23,782.54

          DA - $58,693.00

          DB - $1,622.47

          SS1 - $9,418.06

          At the last meeting Board members received a letter from the Kirkland Art Center requesting a onetime increase in the Town's contribution.  (see minutes of 10-12-2011 page 293)  Councilman Arcuri contacted Kathleen Teodoro, Executive Director of the KAC, for more details regarding the request for additional funding.  He suggested that the Board may consider funding a onetime capital improvement project instead of adding $7,500 to the 2012 budget.  He suggested that if the Board decides to fund a project in the future, the budget could be amended or the money could be taken out of the fund balance.

          Supervisor Meelan asked if there was anyone who would like to address the Board regarding the proposed 2012 budget.  There was no one present who wished to address the Board.

          RESOLUTION #96

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

          RESOLVED, that the Kirkland Town Board close the public hearing on the Preliminary Budget and Assessment Rolls for Sewer and Water Districts of the Town of Kirkland for 2012.

Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.

RESOLUTION #97

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

          RESOLVED, that the Kirkland Town Board adopt the Preliminary Budget as the Annual Budget for the Town of Kirkland for 2012.

Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.

A copy of the 2012 budget has been made a part of these minutes.

Mr. Melvin Brown addressed the Board regarding removal of his house on Meadow Street, which sustained heavy fire damage in September.  Michael Griffin, Code Enforcement Officer, sent a letter to Mr. Brown stating that the structure is unsafe, a potential hazard to the health and safety of the public and recommended removal.  Board members and Mr. Brown discussed who would take down the building and time limits to accomplish the demolition.  Mr. Brown will come to the next Board meeting with definite plans as to how the demolition can be accomplished in a timely manner.

Bonnie Reynolds, Spring Farm Cares, distributed two informational DVD‘s and printed material on the dangers of hydrofracking to the Board.

A motion was made by Councilman O'Neil, seconded by Councilman Lewis to enter into executive session to discuss the police contract.

Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.

A motion was made by Councilman Lewis, seconded by Councilman Arcuri to adjourn the executive session.

Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.

There being no further business to come before the Board, upon motion by Councilman Lewis, seconded by Councilman O'Neil the meeting was adjourned at 8:45 p.m.

                                                          Dianne V. Tuttle, Town Clerk