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 January 16, 2012, at 7:00 p.m.
Present:
Supervisor Robert J. Meelan
Councilman Michael D. O'Neil
Councilman Anthony F. Arcuri
Absent:
Councilman Mark C. Lewis
Councilman Fred A. Lomanto
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 informed Board members that he received a letter from John Paulson. Mr. Paulson noted that there is severe erosion that has occurred to the banks of the Oriskany Creek, which border his apartment complex. In order to pursue funding from the Natural Resources Conservation Service under their Emergency Watershed Protection program the Town would need to act as the municipal sponsor. Mr. Paulson said he is not asking for any funding from the Town. He requested that the Town Board assign the Highway Superintendent as coordinator to facilitate the funding. Jon Scott has been actively involved in addressing the problem and has had numerous meetings with various agencies. Donald Lynch, PE from Oneida County Soil & Water Conservation District provided Engineer's Cost Estimates for two alternatives.
RESOLUTION #5
Upon motion by Councilman Arcuri, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board assign Highway Superintendent Jonathan Scott as the Town Coordinator to assist in the application process for funding from the National Resources Conservation Service under their Emergency Watershed Protection program for soil erosion prevention on the John Paulson property located on Old Plank Road, with no cost to the Town.
Upon the roll call vote, three voted aye, none opposed and the resolution was declared adopted. (Councilmen Lewis and Lomanto absent)
A letter was received from the Clinton School Alumni Association requesting approval to use the Arena for set up and the reunion event during the evening of July 5 or 6 in the year 2013. Supervisor Meelan noted that the Alumni Association has donated $500 in the past for the use of the Arena. Mike Orsino approved the amount of the donation. The Alumni will also provide the Town with a Certificate of Insurance, naming the Town as additional insured. The Board will also waive the no alcohol policy for the one day. A vendor such as the VFW or American Legion will provide the alcohol and present the proper insurance coverage.
RESOLUTION #6
Upon motion by Councilman O'Neil, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board allow the Clinton School Alumni Association to hold their 2013 reunion event at the Clinton Arena on July 5th or 6th and provide the Town of Kirkland with a Certificate of Insurance, naming the Town as additional insured.
FURTHER RESOLVED, that the Kirkland Town Board waive the no alcohol policy at the Clinton Arena for the Clinton School reunion event, July 5th or 6th, 2013, pending that the vendor who sells the alcohol provide the Town of Kirkland with the correct insurance and naming the Town of Kirkland as additional insured.
Upon the roll call vote, three voted aye, none opposed and the resolution was declared adopted. (Councilmen Lewis and Lomanto absent)
The Supervisor received the Annual Report form the Town Historian Richard Williams. Mr. Williams noted that on April 13, 2012 the Town of Kirkland will be 185 years old. He would appreciate being involved or coordinating any event if the Board desires a special observance. Board members were interested in commemorating the 185th birthday of the Town of Kirkland, with Mr. Williams coordinating the event.
Supervisor Meelan asked Board members if they would like to join the Town of Ulysses in supporting municipal home rule.
Upon motion by Councilman O'Neil, seconded by Councilman Arcuri the following resolution was presented:
RESOLUTION #7
RESOLUTION TO APPROVE BECOMING AN AMICUS CURIAE IN ACTIONS INVOLVING MUNICIPAL HOME RULE PENDING BEFORE NEW YORK STATE APPELLATE COURTS
Upon motion by Councilman O'Neil, seconded by Councilman Arcuri the following resolution was presented:
WHEREAS, the Towns of Middlefield and Dryden have recently revised their zoning laws to prohibit heavy industrial uses (including natural gas drilling) in their communities and such laws have been challenged in court by opponents claiming that the Towns do not have the power to regulate natural gas drilling as a land use; and
WHEREAS, the Town of Ulysses has filed an amicus curiae or "friend of the court" brief in both lawsuits in support of its sister Towns in order to reassert the right of municipalities throughout New York State to determine what land uses are appropriate through the Municipal Home Rule powers granted by the New York State Constitution and the New York Municipal Home Rule Law; and
WHEREAS, the Town of Ulysses will file another amicus brief when these lawsuits are appealed to New York Appellate Courts and has requested that other municipalities in New York State consider joining the Town of Ulysses' brief as a powerful statement to the Appellate Courts, the New York State Department of Environmental Conservation, and the New York State Legislature about the importance of protecting Municipal Home Rule in New York State and a municipality's right to decide, for itself, whether natural gas drilling -or any other land use for that matter-is appropriate for its citizens.
NOW, THEREFORE, BE IT RESOLVED, that:
1. The Town of Kirkland Board hereby determines that it is in the public interest of the citizens of the Town of Kirkland to support Municipal Home Rule by joining in the Town of Ulysses' amicus brief to the Appellate Courts.
2. The Town of Kirkland Board does hereby authorize and direct the Supervisor to complete or cause to be completed any and all such further documents and papers in the name and on behalf of the Town of Kirkland as the Supervisor deems necessary or appropriate to carry into effect the foregoing resolution.
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 Absent
Councilman Anthony F. Arcuri Voting Aye
Police Officer Thomas Knight has requested sponsorship from the Kirkland Police Department to train and house a bloodhound for law enforcement K9 work, at no cost to the Town. Sponsorship will be addressed at the next Board meeting.
Police Chief English reported that the Department has received $2,500 grant from Hamilton College Town-Gown Fund to purchase two fraudulent identification detectors.
Chief English informed Board members that Hamilton College proposes to create an "enhanced" campus security force, limiting Kirkland Police to handle more serious misdemeanor crimes. Campus security, after training, would be able to write tickets for traffic, trespassing, drug and alcohol violations. Chief English will meet with Hamilton College representatives and Oneida County Sheriff's Department to discuss the preliminary plan in detail. Adoption of a local law is required.
It was noted that the Town would not send any officials to the February 2012 Association of Towns Conference in New York City.
Attorney Hallak and Police Chief English reviewed the Hamilton College Fireworks application and recommended approval.
RESOLUTION #8
Upon motion by Councilman O'Neil, seconded by Councilman Arcuri the following resolution was presented:
RESOLVED, that the Kirkland Town Board grant permission for the FebFest fireworks display on February 17, 2012 (rain date February 18) sponsored by Hamilton College. Permit #2012-1.
Upon the roll call vote, three voted aye, none opposed and the resolution was declared adopted. (Councilmen Lewis and Lomanto absent)
A motion was made by Councilman O'Neil, seconded by Councilman Arcuri to pay the bills as audited.
Upon the roll call vote, three voted aye, none opposed and the motion was declared carried. (Councilman Lewis and Lomanto absent) The totals were:
A - $172,915.88
B - $121,668.32
DA - $86,920.51
DB - $39,800.00
SF1 - $56,716.00
SS1 - $10,076.18
SS2 - 546.59
SS4 - $200.00
There being no further business to come before the Town Board, upon motion by Councilman O'Neil, seconded by Councilman Arcuri the meeting was adjourned at 7:25 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
