TOWN OF KIRKWOOD TOWN BOARD MEETING. June 5, 2007

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1 A regular meeting of the Kirkwood Town Board was held on at 6:00 PM at the Joseph A. Griffin Town Hall with Supervisor Gordon Kniffen presiding. Present: Supervisor Gordon Kniffen Councilman Robert Weingartner Councilman Lewis Grubham Councilman William Diffendorf, Jr. Councilwoman Linda Yonchuk Also Present: Herbert Kline, Town Attorney Gayle Diffendorf, Town Clerk Richard Jones, DPW Commissioner Ronald Lake, Town Engineer PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: May 1, 2007 Town Board Meeting (3) May 29, 2007 Public Hearings PUBLIC PARTICIPATION: None. COMMUNICATIONS: None. COMMITTEE REPORTS: Councilman Weingartner read dog control reports for March, April and May. He explained that he has been advised that the dog control officer is working on conducting a dog enumeration, noting that each year she is to cover 25% of the town. Supervisor Kniffen reported that he attended a meeting recently with representatives from Senator Libous ofice and Walt Gardner regarding the extension of sewer on Route 11, for possible funding from the State. Supervisor Kniffen reported that the deadline of June 1 st was met for submitting an application for the buyout of the town garage. Mr. Lake said that they did not qualify for the Duell Road project. Supervisor Kniffen reported that he contacted Jack Williams regarding cleaning up the tires around the trestle on Upper Court Street. Councilman Grubham requested that an inquiry be made into the status of the old power plant. Supervisor Kniffen reported that the Kasmarcik situation is still pending since Mr. Maciak has not met with Mr. Kasmarcik. Mr. Newberry noted at the work session that some progress has been made with the exterior of the building. OLD BUSINESS: Councilman Diffendorf moved to adopt resolution, after a Public Hearing, adopting a SEQR Determination that Proposed Activity Does Not Require Environmental Review regarding Local Law No. A-2007 entitled A Local Law of the Town of Kirkwood Abolishing the Elected Position of Colector of Taxes of the Town of Kirkwood, in accordance with the attached SEQR Determination. Councilwoman Yonchuk seconded SEQR LL A-2007 Abolish Tax Coll. 1

2 Adopt LL A-2007 Abolish Tax Coll SEQR LL Sewer Adopt LL Sewer MS Sewer Systems Report Award Krager Rd. Culvert Bid Councilwoman Yonchuk moved to adopt resolution, after a Public Hearing, adopting Local Law No. A-2007 entitled A Local Law of the Town of Kirkwood Abolishing the Elected Position of Colector of Taxes of the Town of Kirkwood, in accordance with the attached resolution. Councilman Grubham seconded. Councilman Grubham moved to adopt resolution, after a Public Hearing, adopting a SEQR Determination that Proposed Activity Does Not Require Environmental Review regarding Local Law No entitled A Local Law Amending an Ordinance Establishing and Setting Forth Rules and Regulations Governing the Installation of Lateral Sanitary Sewer Districts and Within Any Extensions Thereof in the Town of Kirkwood, in accordance with the atached SEQR Determination. Councilman Weingartner seconded. Councilman Weingartner moved to adopt resolution, after a Public Hearing, adopting Local Law No entitled A Local Law Amending an Ordinance Establishing and Setting Forth Rules and Regulations Governing the Installation of Lateral Sanitary Sewer Districts and Within Any Extensions Thereofin the Town of Kirkwood, in accordance with the attached resolution. Councilman Diffendorf seconded. Councilman Diffendorf moved to adopt resolution Approving Municipal Stormwater Sewer Systems Annual Report, in accordance with the attached resolution. Councilwoman Yonchuk seconded. Councilwoman Yonchuk moved to adopt resolution authorizing acceptance of Sealed Bid received for Krager Road Culvert Installation and awarding to Gorick Construction, being the lowest responsible bidder received at $ 124,420. Councilman Grubham seconded. 2

3 Councilman Grubham moved to adopt resolution combining the June 26, 2007 Work Session and the July 3, 2007 Town Board Meeting into one night to be held July 3, Councilman Weingartner seconded. Councilman Weingartner moved to adopt resolution combining the July 31, 2007 Work Session and the August 7, 2007 Town Board Meeting into one night to be held August 7, Councilman Diffendorf seconded. Councilman Diffendorf moved to adopt resolution combining the August 28, 2007 Work Session and the September 4, 2007 Town Board Meeting into one night to be held September 4, Councilwoman Yonchuk seconded. Councilwoman Yonchuk moved to adopt resolution authorizing Supervisor to enter into an agreement with Broome-Tioga Association for Retarded Citizens for the 2007 Summer Camp Program, in accordance with the attached agreement. Councilman Grubham seconded. Councilman Grubham moved to adopt resolution authorizing Supervisor to enter into an agreement with Police Athletic League, Inc. (PAL) for the 2007 Summer Camp Program, in accordance with the attached agreement. Councilman Weingartner seconded. Councilman Weingartner moved to adopt resolution pursuant to section 3A(e) of Local Law No entitled A Local Law Regulating the Use of Parks of the Town of Kirkwood, authorizing the Town Clerk to issue a permit to the Kirkwood Town Fair, Inc., for the use of the entire Kirkwood Veterans River Park on August 9, 10, and 11, 2007 without any permit fee to guarantee proper cleanup after each use. Councilman Diffendorf seconded Combine Mtg/WS Combine Mtg/WS Combine Mtg/WS ARC Agreement PAL Agreement Town Fair Permit 3

4 Councilman Diffendorf Supervisor Kniffen - yes - yes Remember Flood Councilman Diffendorf moved to adopt Resolution Remembering and Honoring Those Flooded in Kirkwood, NY and Our Neighboring Communities, in accordance with the attached Resolution. Councilwoman Yonchuk seconded. Councilman Diffendorf read the following resolution: RESOLUTION REMEMBERING AND HONORING THOSE FLOODED IN KIRKWOOD, NY.Y. AND OUR NEIGHBORING COMMUNITIES WHEREAS: WHEREAS: WHEREAS: WHEREAS: On June 28, 2006 our area was savagely imperiled by a historic flood that threatened life and severely damaged properties, and This flood crippled our neighborhoods with loss of property, income, and personal memories and goods, and This flood rendered us all with heroes of a personal nature, firefighters, volunteers, law enforcement, people from all walks of life, and many more, and Our people will be remembered in our prayers and our thoughts not for just today, not for just tomorrow, but forever and especially on this day, the first anniversary of this tragic day, never to be forgotten, and NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Kirkwood in regular session duly convened as follows: 1. We the people of Kirkwood want to express our love, our compassion, our concern and caring for our people who suffered throughout this past year due to the flood. 2. We dedicate our ongoing prayers to each and every one of you and your families. 3. We declare June 28 th and every year to the future to be the FLOOD REMEMBERANCE DAY in our Town and to be recorded in the annals and records of our Historical Society. June, Unanimously enacted by the Kirkwood Town Board on this 5 th day of Susq Riv National Heritage Gordon E. Kniffen Supervisor Kirkwood Town Board Supervisor Kniffen announced that on June 28 th at 6:00 a ceremony will be held at the town hall and refreshments will be served. Councilwoman Yonchuk moved to adopt resolution Supporting Designation of the Upper Susquehanna River and Tributaries as a National Heritage River, in accordance with the attached resolution. Councilman Grubham seconded. 4

5 Councilman Grubham moved to adopt resolution Establishing Building Code Fees, in accordance with the attached resolution. Councilman Weingartner seconded. Councilman Weingartner moved to adopt resolution Authorizing Supervisor to Expend Funds from the Town Hall Reserve Fund of the Town of Kirkwood, Subject to Permissive Referendum, in accordance with the attached resolution. Councilman Diffendorf seconded. Councilman Diffendorf moved to adopt resolution authorizing acceptance of Sealed Bid for Town Hall Air Conditioning and Heating System and awarding to Air Temp Heating and Air Conditioning, Inc., being the lowest responsible bidder received at $63, Councilwoman Yonchuk seconded. Councilwoman Yonchuk moved to adopt resolution authorizing Supervisor to enter into an agreement with Herbert A. Kline, Esq., regarding the Flood Buy Out Program, in accordance with the attached agreement. Councilman Grubham seconded. Councilman Grubham moved to adopt resolution authorizing Supervisor to enter into an agreement with Coughlin & Gerhart, LLP, regarding the SEMO Flood Buy Out Program, in accordance with the attached agreement. Councilman Weingartner seconded. Councilman Weingartner moved to adopt resolution authorizing Supervisor to enter into an agreement with Coughlin & Gerhart, LLP, regarding various litigation matters, in accordance with the attached agreement. Councilman Diffendorf seconded Bldg Code Fees Spend Funds Town Hall Reserve Award Heat/Air Bid HAK Agrmn Flood Buyou Coughlin Agrmnt Flood Buyout Coughlin Agrmnt Litigation 5

6 In regard to the three preceding resolutions, Supervision Kniffen explained that this is relative to legal matters regarding the buyout program. He said that the appraisals have been completed and as they are received they will be passed on to SEMO. SEMO will then make an offer which he, as Supervisor, will make to the property owner. Mr. Lake added some details to this process Landfill Access Support Ad Bids Concession Stand Add Ad Bids Park Elec Councilman Diffendorf moved to adopt Resolution Expressing Support for an Underpass or Overpass to Provide Access to the Broome County Landfill Section IV, in accordance with the attached resolution. Councilwoman Yonchuk seconded. Councilwoman Yonchuk moved to adopt resolution authorizing the advertising of Sealed Bids for the Addition to the Concession Stand at Veterans River Park returnable to the Town Clerk s Ofice at 4:00 pm on June 20, 2007 to be opened and read at 4:05 pm. Councilman Grubham seconded. Councilman Grubham moved to adopt resolution authorizing the advertising of Sealed Bids for the Park Electric at Veterans River Park returnable to the Town Clerk s Ofice at 4:00 pm on June 20, 2007 to be opened and read at 4:05 pm. Councilman Weingartner seconded. NEW BUSINESS: Mr. Lake explained that there are some parcels on Woodhill Court that are remainders from the old Garbade subdivision that were in an estate. The parcels have now been purchased and the owners realize they are substandard to meet zoning requirements. According to Mr. Lake the zoning is R-1, with R-M zoning on both sides. The request for change in zoning from R-1 to R by Jack and Barbara Larson is for parcels 26, 30, 34, 36, 42, 44, 48, 52, and 56 on Woodhill Court. He said the lots have water and sewer but even in an R district don t meet the zoning requirements. Mr. Lake said that they will combine the lots, for a total of 5, to meet the R requirements and he recommends that this be done. He added that there may be one parcel that would need a variance Rezoning Woodhill Ct to Pl Bd Councilman Weingartner moved to adopt resolution referring the application of Jack and Barbara Larson for rezoning of certain lots on Woodhill Court from R-1 to R to the Planning Board for a recommendation. Councilwoman Yonchuk seconded. 6

7 Councilwoman Yonchuk moved to adopt resolution authorizing Supervisor to enter into an agreement with the Town of Conklin relative to the 2007 Summer Arts and Crafts Program, in accordance with the attached agreement. Councilman Grubham seconded. Councilman Grubham moved to adopt resolution ratifying a resolution authorizing submission of FEMA Buyout for Parcel 1A, Highway Garage Facilities, in accordance with the attached application. Councilman Weingartner seconded. AUDIT AND PAYMENT OF CLAIMS: Councilman Weingartner moved to adopt resolution authorizing the audit and payment of the following claims: General and Highway Funds, Special Districts (Fire, Light, Water and Sewer Districts), Professional Services, Capital Projects and Reserve Funds claims, and ratifying the payment of the prepaid claims as authorized by resolution adopted January 2, 2007, all in accordance with the attached abstract of claims. Councilman Diffendorf seconded Arts/Crafts Agreement Conklin FEMA Buyout Highway Garage Audit/Pay OTHER: A concern was addressed to Deputy Dale Hamilton regarding motor bikes and fourwheelers disturbing neighbors of the Meadows Trailer Park property as well as using Kirkwood Cemetery on Main Street as a crossing to the railroad tracks. Councilman Diffendorf moved to adopt resolution authorizing Ron Lake, with Doug Saunders as back up, to attend FEMA 4-day course regarding floodplain development at the New York State Fire Training Academy in Montour Falls with all travel expenses paid. Councilwoman Yonchuk seconded. Councilwoman Yonchuk moved to adopt resolution scheduling a Special Town Board Meeting on Thursday, June 21, 2007 at 4:00 PM for the purpose of awarding bids for the addition to the concession stand and park electric at Veterans River Park and any other business that may come before the Board. Councilman Grubham seconded R Lake FEMA Education Sched Spec Mtg

8 Adjourn ADJOURNMENT: Councilman Weingartner moved to adopt resolution to adjourn the meeting. Councilman Grubham seconded. All voted in favor. Meeting adjourned at 6:40 PM. Respectfully submitted, Gayle M. Diffendorf Town Clerk 8