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 November 30, 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
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 noted that tonight will be the conclusion of the Meadow Street demolition situation. (see minutes of October 26 & November 14, 2011) Attorney Hallak stated for the record under Town Code Article 40:
Property Owner, Melvin Brown, was personally served with a Notice of Unsafe Condition, Order and Notice of Hearing, affected on November 22, 2011 by Lloyd Shore, Process Server. The property was posted with the Legal Notice on November 21, 2011 and an Affidavit of Posting was issued. A copy of the Legal Notice was filed with the Oneida County Clerk. A filed stamped copy of the Notice of Hearing has been made a part of these minutes. He explained that removal of the building shall commence within 30 days of the service of the Notice of Unsafe Condition, Order and Notice of Hearing and be completed within 60 days. In the event that Mr. Brown cannot comply with the order to secure and demolish the building, the Town Board is authorized to provide for demolition and removal of the structure. All expenses of demolition are subject to being assessed upon Mr. Brown's land.
Mr. Brown said he was going to the bank tomorrow to apply for a loan to demolish the house. He acknowledged that he received the Legal Notice and he has no plan to secure or demolish the house at this time. He did not know if he could start demolition by December 23rd because he has to talk to bank representatives.
Supervisor Meelan noted that the building has been secured. The Town purchased the plywood to board up the building because the structure was a potential hazard to the health and safety of the public. Members of the Clinton Fire Department boarded up the building.
The Board agreed to give Mr. Brown the 30 days allowed by law to come up with a plan. The next Board meeting is December 28th, which would give Mr. Brown an additional five days to respond.
RESOLUTION #101
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board allow Mr. Brown until the December 28th Town Board meeting to outline a plan of safety and demolition of his house on Meadow Street.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Councilman Arcuri explained to Mr. Brown that if he does not have a plan by December 28th, the Town will order the building to be demolished and send him the bill. If Mr. Brown does not pay the bill, it will be charged to his property tax. Attorney Hallak added that the Town may also collect for legal expenses.
Attorney Hallak requested two amendments to the Workplace Violence Prevention Program and Procedures Manual. One amendment would clarify language, which applies to the double negative "Lack of" and the second amendment would identify the Group Assessment Team that would review the Workplace Violence Policy yearly.
RESOLUTION #102
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board amend the Workplace Violence Prevention Program and Procedures Manual as follows:
--Page 11, paragraph 2., bullet point six of the Policy amended to read workplace issues including "Inadequate employee support systems".
--Page 12 The Group Assessment Team members are now to include the Town Supervisor, Town Highway Superintendent, Chief of Police, Recreation Superintendent and Town Clerk. The third sentence is deleted.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Councilman Arcuri explained that the Town has met all of the criteria for determining that leasing is the best alternative to acquire three pieces of snow removal equipment costing approximately $500,000. A formal evaluation is required by law. Mr. Arcuri explained that bonding is prohibitive because of the cost of preparing an official statement, Bonding Attorney's fees and the long term interest rate for a 7 to 10 year period. A Bond Anticipation Note with five renewals does not fit the budgetary constraints that were identified through the Budget Process. Paying cash was out of the question from a budgetary standpoint. Councilman Arcuri concluded that leasing is the best option because it meets the needs of the Town - fixed reasonable interest cost, level payments and seven year repayment schedule. A copy of the Lease/Borrow Evaluation has been made a part of these minutes.
RESOLUTION #103
Upon motion by Councilman Arcuri, seconded by Councilman Lomanto the following resolution was presented.
RESOLUTION AUTHORIZING INSTALLMENT
PURCHASE AGREEMENT TO FINANCE
THE PURCHASE OF THREE 2012 CLASS 8 TRUCKS WITH PLOWS
WHEREAS, the Town of Kirkland proposed to purchase two (2) 2012 Class 8 trucks with plows for the Town Highway Department and, after competitive bid and one (1) 2012 Class 7 medium duty truck under State bid has received a combined price for same in an amount of not more than $512,034.00 and;
WHEREAS, it is proposed that funds be made available through authorization of an Installment Purchase Agreement pursuant to Section 109-b of the General Municipal Law and;
WHEREAS, the Town of Kirkland has solicited alternative quotations for financing from qualified interested parties and has prepared an evaluation of financing alternatives;
NOW, THEREFORE, it is
RESOLVED, the Town Board has reviewed the evaluation of financing alternatives prepared by the Town of Kirkland, Budget Director, a copy of which is attached hereto and incorporated herein. For the reasons stated therein, the Town of Kirkland determines that it is in the best interest of the Town of Kirkland to finance this purchase through an Installment Purchase Contract under Section 109-b of the General Municipal Law; and it is further
RESOLVED, the Town Supervisor is hereby authorized to enter into an Installment Purchase Contract with Municipal Leasing Consultants for the financing of the purchase of two (2) 2012 Class 8 trucks with plows and one (1) 2012 Class 7 medium duty truck under State contract at a purchase price of not more than $512,034.00 upon substantially the terms and conditions set forth in their financing proposal; and it is further
RESOLVED, such Installment Purchase Contract shall be subject to the following:
1. The Installment Purchase Contract shall recite that it is subject to the provisions of Section 109-b of the General Municipal Law.
2. Such contracts shall contain the following clause:
"This contract shall be deemed executory only to the extent of monies appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the political subdivision beyond the amount of such monies. The installment purchase contract is not a general obligation of the Town of Kirkland. Neither the full faith and credit nor the taxing power of the Town of Kirkland are pledged to the payment of any amount due or to become due under such installment purchase contract. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to appropriate or make monies available for the purpose of the contract."
3. In the case of the failure to appropriate, the sole security, apart from any security provided by a credit enhancement, for any remaining periodic payments shall be the equipment, machinery or apparatus subject to the Installment Purchase Contract; and it is further
RESOLVED, the term of such Installment Purchase Contract does not exceed the period of probable usefulness prescribed by Section 11.00 of the Local Finance Law for the equipment being purchased under the Installment Purchase Contract; and it is further
RESOLVED, execution of the Installment Purchase Contract authorized herein will not cause the Town of Kirkland to exceed the limits prescribed by paragraph (c), of subdivision 6 of Section 109-b of the General Municipal Law; and it is further
RESOLVED, the appropriate Town officials are hereby authorized to execute any documents necessary to complete the transaction authorized above.
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 Voting Aye
A motion was made by Councilman Lewis, seconded by Councilman Lomanto to approve the minutes of October 26, 2011 as printed.
Upon the roll call vote, five voted aye, none opposed and the motion was declared carried.
Supervisor Meelan noted that Chief English received a letter from the Governor's Office, stating that the Town of Kirkland has been awarded $5,016 to participate in the Statewide Selective Traffic Enforcement Program. Last year the Town was awarded approximately $10,000.
The Town received the fourth quarter payment of Sales Tax monies from Oneida County. A total of $1,600,000 in revenue was budgeted and the Town received a total of $1,687,061.
RoseMarie Arcuri, Budget Director, explained that in December of 2010 the Town acquired a Bond Anticipation Note (five years) for $70,000 to pay back the General A loan to SS1 Clark Mills Sewer District for expenses incurred while looking at options to expand the Clark Mills Wastewater Treatment Plant. There was no interest payment included in the 2011 Budget because the Budget was adopted in November 2011, prior to the BAN being acquired. The first BAN interest payment of $1,249 is due December 14, 2011. Along with this payment, Ms. Arcuri suggested paying down the principal by $20,000. She explained that $35,000 was budgeted for the Clark Mills Sewer line in anticipation of repairing infrastructure and the money has not been spent. The Budget Director's recommendation is to take $20,000 from this account and pay down the $70,000.
RESOLUTION #104
Upon motion by Councilman Arcuri, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board amend the 2011 Budget by increasing SS1 9730.6 by $20,000 Principal and SS1 9730.7 by $1,249.52 interest and decreasing SS1 8130.2 by $21,249.52 to pay down the BAN for the General A loan to SS1 Clark Mills Sewer District for expenses incurred while looking at options to expand the Clark Mills Wastewater Treatment Plant.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Rose Marie Arcuri further explained that the BAN amount was not in the 2011 budget, nor was it accounted for in the 2012 budget. Councilman Arcuri suggested that the 2012 budget be amended. The sewer rate will not be affected.
RESOLUTION #105
Upon motion of Councilman Arcuri, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board amend the 2012 Budget by increasing SS1 9730.6 by $12,500 Principal and SS1 9730.7 by $1,500 interest and decreasing SS1 8130.2 by $14,000 to pay down the BAN for the General A loan to SS1 Clark Mills Sewer District for expenses incurred while looking at options to expand the Clark Mills Wastewater Treatment Plant
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Jackie Fox, Meadow Street, complained that there is debris on the side of the structure and on the front porch at 62 Meadow Street. She said Melvin Brown and his family are renting the house and the owner lives out of state. Supervisor Meelan suggested that Ms. Fox contact the Code Enforcement Officer with her complaint.
Councilman Lomanto explained that there is a dirt trail on the side of the Clark Mills Wastewater Treatment Plant which leads to the creek. He received a complaint that someone is trapping in the area where people walk. Chief English said he would post a "No Hunting or Trapping" sign at the start of the trail. He will talk with Jim Cunningham to come up with a solution so that pedestrians can access the trail and off road vehicles cannot.
Councilman Arcuri informed Board members that the Simplex Alarm System at the Senior Citizen Building is being fixed and it will be monitored so it does not shut off. Supervisor Meelan noted that the Clark Mills Fire Department will not have a direct line to the system. Chief English said that when the Simplex representative comes to do an assessment they could find the best mechanism to get the alarm to dial into the 911 Center.
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 - $35,290.38
B - $16,299.64
DA - $33,337.49
DB - $2,502.94
SS1 - $8,632.21
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 8:05 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
