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 February 15, 2012, 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 the bid to demolish Melvin Brown's house at 58 Meadow Street was never published in the Courier, because of clarification to the specs of the project. Michael Griffin, Code Enforcement Officer condemned the structure at 58 Meadow Street on January 24, 2012. The house sustained heavy fire damage. Mr. Griffin noted in his letter of January 24th that pursuant to NYS Labor Department Code Rule 56, the structure may now be removed without an asbestos survey. The contractor performing the demolition must be licensed in asbestos removal and a licensed environmental firm is required to monitor the air quality during demolition. (A copy of the January 24, 2012 letter has been made a part of these minutes)
RESOLUTION #9
Upon motion by Councilman Lewis, seconded by Councilman O'Neil, the following resolution was presented:
RESOLVED, that the Kirkland Town Board advertise for bids to demolish Melvin Brown's house, located at 58 Meadow Street, with the bids to be opened on March 12, 2012.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
A motion was made to approve the Town Board minutes of December 28, 2011, January 4, 2012 and January 16, 2012 with the correction of the spelling of Amicus in Resolution #7.
Upon the roll call vote of the December 28 and January 4 minutes, five voted aye, none opposed and on the roll call vote of the January 16, 2012 minutes four voted aye, none opposed and Councilman Lewis abstained and the motion was declared carried.
Attorney Hallak reported that he has prepared drafts of local laws replacing the bulk of the Town's Building and Fire Codes with the NYS Building Code. The Code Enforcement Officers will review the drafts. Attorney Hallak would like to introduce the proposed Local Laws at the next meeting.
Attorney Hallak noted that the Town's Engineer's, Shumaker Consulting Engineering, has completed review and comment on the NYS Environmental Quality Review Act Full Environmental Assessment Form regarding the Hamlin House Ltd. Zone Change Request. Mr. Hallak noted that the application is now complete and recommended to start the review clock for the Planning Board.
Shumaker's review stated that the petition for a zone change constituted "spot zoning" and added: "Without the existence of a comprehensive land use plan to support the action, the Planning Board should not recommend approval at this time".
Board members were not opposed to the project, but wanted to consider zoning a larger area of that corridor for planned development.
RESOLUTION #10
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the Application and the Environmental Assessment Form as complete for the Hamlin House, Ltd. request for a Zone Change on the NYS Route 12B property from Rural Residential to Planned Development.
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
Highway Superintendent Jonathan Scott reported that one of the new trucks will be delivered within two days and the second truck will be delivered within two weeks. He also reported that FEMA will reimburse the Town $43,307 (82% of $54,030 in approved claims) for expenses from cleaning up after Tropical Storms Lee and Irene.
Chief English reported that there were 155 complaints in January: 128 in the Town and 25 in the Village, 2 outside. He commended the officers in the Drug Task Force. There were three more arrests in one week, including an indictment of a Hamilton College student, who was charged with felony drug possession offenses. He also reported that a female was arrested for burglary and stealing a handgun from a residence on Pratt Avenue, Clark Mills.
Letters of Resignation were received from two part time Police Officers: Frank McCully and Jason Livingston.
RESOLUTION #11
Upon motion by Councilman O'Neil, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the resignation of part time Police Officer Frank McCully, effective February 3, 2012.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
RESOLUTION #12
Upon motion by Councilman O'Neil, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the resignation of part time Police Officer Jason Livingston, effective February 17, 2012.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Councilman Lomanto reported that public skating attendance has increased this year and Clinton Tractor repaired the Zamboni.
Board members reviewed the Safety Inspectors Reports and Animal Control Report for January.
Supervisor Meelan reported that the Town has received to date $112,568.51 from NYMIR for repairs to the Highway Garage Wall. The Town has expended $106,920.15 with $5,648.36 remaining to pay outstanding bills. A college project proposal was received from Michael D'Aprix. He would like to use GIS based software to supplement the Town's website with maps, at no cost to the Town. The GIS program is provided to Mr. D'Aprix free for the next four years and he will be able to continuously create maps for public use and Town administration. The maps will include storm water management and flood maps, parks & recreational maps, tourism and educational maps. Board members will review the proposal.
Supervisor Meelan informed Board members that NYS DEC and FEMA are updating the Flood Insurance Rate Maps. Two public open houses to review the preliminary maps were held in Oneida and Herkimer Counties. The Planning Office and the Building Inspector have copies of the preliminary FIRM maps.
Majestic Fireworks, Inc. and Villa Sherman Brook, 99 Brookside Road, had applied for a fireworks permit for March 22, 2012. Fire Chief Mark Young and Police Chief English were concerned that the launch site was very dry and the location of the site would necessitate closing the road. Meg Cardimone, Director of the Villa, will rework the display with the Majestic Fireworks representative.
Greg Eisenhut from Mohawk Valley Economic Development District contacted Supervisor Meelan regarding a Local Government Efficiency Grant to study the need for water. Board members were not interested in applying for the grant.
A memo was received from Michael Griffin, Code Enforcement Officer stating that he has inspected the structure at 207 Utica Street owned by Harold Heintz. Mr. Heintz applied for an extension of Building Permit #1971. Board members adopted a resolution extending the building permit, contingent upon making the building weather tight and installing exterior siding and installing windows and doors. Mr. Griffin found the building to be in compliance with Resolution #86 of 2011. (see minutes of September 28, 2011)
Michael Griffin requested that his annual salary of $14,654 be decreased to $14,635 for his duties as CEO and Fire Codes Inspector and capped at that amount for the foreseeable future.
RESOLUTION #13
Upon motion by Councilman O'Neil, seconded by Councilman Lewis the following resolution was presented:
RESOLVED, that the Kirkland Town Board decrease Michael Girffin's salary for his duties as Code Enforcement Officer and Fire Codes Inspector to $14,635.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
Supervisor Meelan received the Shumaker Consulting Engineering & Land Surveying, P.C.'s Amendment No. 2 to the Consulting Services Agreement (SCE No. R7498.00) with the Town of Kirkland. This is the second rate increase since the original contract with the Town executed on March 10, 2008. Board members approved the Agreement and Supervisor Meelan signed the document.
Supervisor Meelan reported that he received the first of two payments of the mortgage tax distribution for 2012 in the amount of $69,066.07. $131,000 was budgeted for 2012.
New York Municipal Insurance Reciprocal has informed the Town of Kirkland that the overall insurance costs will decrease by 3.1%.
Board members discussed the $7,500 contribution to the Kirkland Art Center for their special needs work on their building. (see minutes of October 12 & 26, 2011)
RESOLUTION #14
Upon motion by Councilman Arcuri, seconded by Councilman Lomanto the following resolution was presented:
RESOLVED, that the Kirkland Town Board grant a onetime $7,500 contribution for the special needs Capital Improvement to the Kirkland Art Center, contingent upon the KAC providing documentation that the $22,000 funding from the Community Foundation, Town & Gown and any other funding is committed.
Upon the roll call vote, four voted aye, none opposed, Councilman O'Neil abstained and the resolution was declared adopted.
A motion was made by Councilman Lewis, seconded by Councilman O'Neil 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 - $47,562.69
B - $12,211.29
DA - $86,663.33
DB - $1,262.49
SF1 - $213,338.00
SS1 - $11,376.86
SS2 - $29.25
SW3 - $50.00
SW4 - $50.00
SW5 - $100.00
SW6 - $100.00
Board members reviewed and signed the financial reports for the fiscal year 2011 submitted by the Dianne Tuttle, Town Clerk; Michael Orsino, Recreation Maintenance Superintendent; Sarah McCullough, Receiver of Taxes; and Town Justices Paul Heintz and Jay Williams. (Copies of the reports have been made a part of these minutes.)
A motion was made by Councilman Lewis, seconded by Councilman O'Neil to enter into executive session to discuss a personnel matter, contract negotiations and RoseMarie Arcuri was invited to attend.
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.
RESOLUTION #15
Upon motion by Councilman Lewis, seconded by Councilman O'Neil the following resolution was presented:
RESOLVED, that the Kirkland Town Board adopt the preliminary Clark Mills Sewer District Infiltration/Inflow Removal Plan and authorize Supervisor Meelan to sign.
Upon the roll call vote, five voted aye, none opposed and the resolution was declared adopted.
There being no further business to come before the Town Board, upon motion by Councilman O'Neil, seconded by Councilman Lewis the meeting was adjourned at 9:25 p.m.
Dianne V. Tuttle, Town Clerk
Town Of Kirkland
