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 13, 2013, at 7:00 p.m.
Present:
Supervisor Robert J. Meelan
Councilman Michael D. O'Neil
Councilman Fred A. Lomanto
Councilman Anthony F. Arcuri
Anthony Hallak, Attorney for the Town
Absent: Councilman Mark C. Lewis
Supervisor Meelan called the regular meeting to order and asked all persons to stand for the Pledge of Allegiance.
Supervisor Meelan recognized the public in attendance. Luke Lewis representing Lewiston at Clinton Street (Pheasant Run) addressed the Town Board regarding their intent to move forward with two more buildings consisting of 12 more units that were approved in their building permit #1892 that was taken out May 22, 2008 (See Minutes of May 26, 2010, Resolution No. 36). Mr. Lewis said that in order to go forward they are requesting that the Town petition for an extension to the water district, approve an extension to their building permit, and allow them to purchase credits for the Clark Mills Sewer System that will enable construction to be resumed.
RESOLUTION #12
Upon motion by Councilman Lomanto, seconded by Councilman O'Neil, the following resolution was presented:
RESOLVED, that the Town Board authorize Attorney for the Town Hallak to prepare a petition for extension of the Route 5 water district to serve the Pheasant Run project at Lewiston at Clinton Street.
Upon the roll call vote, four voted aye, (Councilman Lewis absent) none opposed and the resolution was declared adopted.
Attorney Hallak said that he has completed his review of proposed Local Law #3 of 2013- Regarding Hydrofracking and he is in the process of formalizing a draft for presentation to the Board. He is awaiting comments from Attorney David Slottje and Attorney Michael Getnick, Counsel for Zoning Board of Appeals, in regard to the language in the draft of the proposed local law. Mr. Hallak has spoken to Garry Colarusso regarding this amendment to the Town Zoning Ordinance and upon receipt; Mr. Colarusso will provide copies of the draft to the Committee.
Supervisor Meelan said that a public hearing for proposed Local Law #1 - 2013, Open Container Law, should be scheduled. He added that the local law mirrors the Village of Clinton's Law to aid in the enforcement of the law within the Town and the Village. The Town Board also needs to set a public hearing for proposed Local Law #2 amending the Alarm Law.
A motion was made by Councilman Arcuri, seconded by Councilman O'Neil to set a public hearing on the proposed Open Container Law, Local Law #1-2013 for March 11, 2013 at 7:00p.m at the Municipal Office Building, 3699 State Route 12B, Clinton, NY.
Upon the roll call vote, four voted aye, (Councilman Lewis was absent), none opposed and the motion was declared carried.
Discussion ensued among the Board members regarding the proposed amendment to the existing alarm law.
A motion was made by Councilman Arcuri, seconded by
Councilman O'Neil, to set a public hearing on the proposed Alarm Law, Local Law #2-2013, for March 11, 2013 at 7:00 p.m. at the Municipal Office Building, 3699 State Route 12B, Clinton, NY.
Upon the roll call vote, four voted aye, (Councilman Lewis was absent), none opposed and the motion was declared carried.
The Oneida County Board of Legislators passed a resolution ordering that dogs be quarantined to prevent deer depredation in Oneida County on January 9, 2013. Supervisor Meelan asked for a motion from the Board to approve a resolution to prevent deer depredation.
RESOLUTION #13
Upon motion by Councilman O'Neil, seconded by Councilman Arcuri, the following resolution was presented:
RESOLVED, that the Town Board approve a quarantine on dogs in order to prevent deer depredation in the Town of Kirkland, Oneida County, effective 24 hours after publication of this notice in the Town's official newspaper, Clinton Courier, and continuing until April 15, 2013.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the resolution was declared adopted.
Supervisor Meelan read the letter of endorsement with regard to the proposed Water Supply Application that has been prepared by Attorney Hallak. It is to be addressed to Mohawk Valley Water Authority and will be included with the Town's final submission to the Department of Environmental Conservation.
RESOLUTION #14
Upon motion by Councilman Arcuri, seconded by Councilman O'Neil, the following resolution was presented:
RESOLVED, that the Town Board authorize Supervisor Meelan to sign the letter of endorsement from the Town of Kirkland for the Mohawk Valley Water Authority's water supply permits for the Towns of Kirkland, Frankfort, Westmoreland, and Schuyler.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the resolution was declared adopted.
Supervisor Meelan presented the 2013 Animal Control Contract with the Town of New Hartford, the 2013 Retainer Agreement with Felt, Evans, LLP, and the application for a fireworks display at Hamilton College on February 15, 2013.
RESOLUTION #15
Upon motion by Councilman Lomanto, seconded by Councilman Arcuri, the following resolution was presented:
RESOLVED, that the Kirkland Town Board approve the 2013 Animal Control Contract with the Town of New Hartford.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the resolution was declared adopted.
RESOLUTION #16
Upon motion by Councilman O'Neil, seconded by Councilman Arcuri, the following resolution was presented:
RESOLVED, that the Town Board approve the 2013 Felt, Evans, LLP Retainer Agreement for the Town of Kirkland.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the resolution was declared adopted.
Attorney Hallak and Police Chief English reviewed the Hamilton College Fireworks application and recommended approval.
RESOLUTION #17
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 15th (rain date February 16), sponsored by Hamilton College (Permit No. 2013-01).
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the resolution was declared adopted.
A motion was made by Councilman O'Neil, seconded by Councilman Arcuri to approve the January 14, 2013 minutes as printed.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the motion was declared carried.
Police Chief English said that resignation letters had been submitted by Peter Hawes, part-time police officer and Christopher J. Paravati, full-time police officer. Peter Hawes' resignation was dated January 7, 2013 and was due to his work schedule at the New York State Department of Corrections and Community Supervision. Christopher Paravati's resignation was dated January 18, 2013 and he will be transferring his full-time Police Officer status to the Oneida County Sheriff's Office - Road Patrol Division. Part-time Police Officer Rick Stanek has taken over the hours left vacant.
RESOLUTION #18
Upon motion by Councilman O'Neil, seconded by Councilman Lomanto, the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the resignation of part-time Police Officer Peter Hawes, effective as of January 7, 2013.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the resolution was declared adopted.
RESOLUTION #19
Upon motion by Councilman O'Neil, seconded by Councilman Lomanto, the following resolution was presented:
RESOLVED, that the Kirkland Town Board accept the resignation of full-time Patrolman Christopher J. Paravati effective January 31, 2013.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the resolution was declared adopted.
Police Chief English distributed the monthly report for January 2013 and the Annual Report for 2012 along with the Summary Sheet Annual Report Comparison of 2011 to 2012. There were 155 complaints in January: 119 in the Town and 36 in the Village. Chief English reported that the Village has just upgraded their parking fines. He recommended that the Town adopt a fee schedule to include a minimum parking fine with the maximum fine to be set by the Town Justice.
RESOLUTION #20
Upon motion by Councilman O'Neil, seconded by Councilman Arcuri, the following resolution was presented:
RESOLVED, that the Kirkland Town Board set a minimum parking fine of $20 to be preprinted on the parking tickets, and the maximum fine to be set by the Town Justice.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the resolution was declared adopted.
Chief English sent a bill for $24,000 for the period from September 2012 through December 2012 to BOCES for the Resource Officer. Mr. English has let District Superintendent Matthew Reilly know that the BOCES grant for Resource Officer will end in June 2013.
Councilman Lomanto reported that public skating at the Arena is doing well, and a good turnout is expected next week during the School's Winter Break. The girls'(14 and under) Bobcat Hockey Team will be in the play-offs from March 8-10 and the Clinton Figure Skating Club Ice Show is scheduled for Friday, March 22 through Sunday, March 24. Peter Burns is installing new lighting downstairs in the Arena and a new illuminated sign has been ordered for out front of the Arena.
Councilman Arcuri explained that there is a proposed increase in the maximum amount to be expended on improvement of the Clark Mills Sewer District and a Bond Resolution will be brought to the next Board meeting to approve the increase of the bond to $5,438,500, an increase of $128,500; the Grant is $2,000,000 and the loan is for the remaining $3,438,500.
RESOLUTION #21
Upon motion by Councilman O'Neil, seconded by Councilman Lomanto, the following resolution was presented:
RESOLVED, that the Kirkland Town Board authorize the signing of the Contract with Insituform after Attorney Hallak reviews and gives his approval of the changes that were made.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the resolution was declared adopted.
The Bond sale for the Pole Barn, the Bridges and the White Street project will be on March 20th.
The Board reviewed the Safety Inspectors' Reports and the Animal Control Report for January.
Supervisor Meelan received a letter from Assemblyman Michael P. Kearns regarding two foreclosure bills currently referred to the Judiciary Committee in the New York State Assembly. Mr. Meelan asked the Board members to review the letter and resolution for the February 27th Town Board meeting.
Supervisor Meelan said that the 2012 Town Historian's Annual Report has been received.
The Planning Board has discussed the appointment of a new Board Member to replace the vacancy left by the resignation of Howard Madden. The Planning Board suggested three people to be considered for appointment to the Planning Board by the Town Board. The Board agreed with the Planning Board's first recommendation of Todd Kogut, an engineer at Shumaker Consulting Engineers and a resident of the Town.
RESOLUTION #22
Upon motion by Councilman Arcuri, seconded by Councilman O'Neil, the following resolution was presented:
RESOLVED, that the Town Board appoint Todd Kogut as a member of the Town Planning Board with the term to expire December 31, 2015, filling the vacancy made by the resignation of Howard Madden.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the resolution was declared adopted.
A motion was made by Councilman O'Neil, seconded by Councilman Arcuri to pay the bills as audited.
Upon the roll call vote, four voted aye (Councilman Lewis absent), none opposed and the motion was declared carried. The totals were:
A - $ 101,751.16
B - $ 12,034.92
DA - $ 140,020.68
DB - $ 14,123.74
SD1 - $ 2,050.00
SF - $224,450.00
SL1 - $ 824.44
SL2 - $ 325.58
SL3 - $ 174.28
SL4 - $ 1,228.76
SS1 - $20,123.41
SS2 - $ 619.49
SS4 - $ 424.21
SW3 - $ 50.00
SW4 - $ 50.00
SW5 - $ 100.00
SW6 - $ 100.00
Board members reviewed and signed the financial reports for the fiscal year 2012 submitted by Caryl Galinski, Town Clerk; Michael Orsino, Recreation Maintenance Superintendent; Sarah McCullough, Receiver of Taxes; and Town Justices Paul Heintz and Jay Williams, III. (Copies of the reports have been made a part of these minutes.)
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 7:45 p.m.
Caryl A. Galinski, Town Clerk
Town Of Kirkland
