TOWN OF KIRKWOOD TOWN BOARD MEETING. November 5, 2007

Transcription

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: October 2, 2007 Town Board Meeting October 30, 2007 Public Hearing October 30, 2007 Special Town Board Meeting PUBLIC PARTICIPATION: Supervisor Kniffen explained that due to recent events at the Five Mile Point Race Track the Amusement Ordinance was reviewed and it is obvious that changes are needed such as redundancy regarding fines, the reference to a Health Officer, which Kirkwood does not have, and the curfew. He noted that although the ordinance currently states that any activity must be terminated at 11:00 PM there was a verbal agreement between the Town Board at that time and the owners of the race track that if a race started prior to 11:00 PM it could continue until finished. He said that recently there was an event that ran until 1:40 AM which added to prior concerns regarding dust and dirt. Supervisor Kniffen said there was a meeting regarding the dust and dirt concerns which Mr. Harpell, the owner of the track, is trying to address by using a chemical in the water that is designed to reduce dust and dirt. It was noted that the use of calcium is now prohibited. He said that since the concerns are ongoing a committee was established of Ronald Lake, Town of Kirkwood Code Enforcement Officer and Linda Yonchuk, Councilwoman. Supervisor Kniffen further explained that if the committee returned with suggestions for changes and the Town Board agreed, a public hearing would be scheduled and property owners within one thousand feet of the race track would receive a notice of the hearing; giving them an opportunity to express their feelings regarding the ordinance before any decisions are made. Councilwoman Yonchuk said that she feels that residents of the area should be on the committee. Andrew Harpell, owner of the race track, stated that he feels there are a lot of misconceptions. He said that with the thousands of people that come through the gates during the summer there are relatively very few complaints. He added that he would like to address questions and concerns and that he tried to address complaints that he received this past summer. Ron Clark of Crescent Drive said that he as gone to the track for it s 57 years in operation and people must have known about it when they bought their homes. Christian Calandra of Daisy Lane said it is dusty at times which he has no issue with that but he does agree there should be a curfew since it is hard to get children asleep if the noise goes on too late.and Janice Crocker of Irving Avenue said she has no quarrel as long as they stop at a reasonable time. Pat Grant of Harry L. Drive and Jim and Connie Roach of Hillside Drive had concerns regarding the race track. Ms. Grant said that this year there was more noise and dirt and Page 1 of 7

2 one event didn t end until 2:30 AM by the time al the cars left. Mr. Roach said that there is such a cloud of dust and fumes that it is not a healthy condition for area residents. He said that he feels they are not following environmental rules. According to Mr. Roach they have bigger cars with more horsepower, it is hard to watch TV and he said the chemical designed to reduce the dust is not working. He said there are 258 homes in the area and over 500 people are impacted. Mr. Roach suggested that the Town charge a fee per car for additional revenue. Andrew Harpell said that he would not use something that is counter productive, that he is a resident and his family has been operating the race track for the 57 years of it s existence. He presented a detailed written list of facts to educate people with concerns, which is on file in the Town Clerk s Ofice for review. Among other items, he noted that the horsepower is actually down on race cars and every car has a muffler. He noted that he gets a permit for every event. He added that he is in favor of a curfew which he always tries to abide by and explained the circumstances surrounding the October 6 th event when he violated the curfew. He also noted that they consider safety and the environment when conducting the races and have tried numerous treatments to control the dust. Mr. Harpell added that rain is the best additive for the track and this was a particularly dry summer. He said that they start watering on Wednesday and continue right up to 4:15 on Saturday and typically water twice during a race program. He and his brother Dan Harpell both noted that they are involved in the community in a very positive way and would not do anything to intentionally create problems. Andrew Harpell reviewed curfews at other race tracks and noted that two tracks are located in populated areas. He added that area businesses benefit from the race track. In response to Councilman Weingartner, Mr. Harpell said that height and type of lighting can affect the appearance of dust. Lois Whittemore of Roberts St. said that the curfew is the main issue and suggested that the races start at 5:00 PM. Richard O Dea said that he is in favor of the 11:00 PM curfew, noting that it should be firm. Supervisor Kniffen read a letter from Jim Macdonell regarding noise pollution, enforcement of the existing code and an action request, which is on file in the Town Clerk s Ofice for review. Mr. Macdonel is requesting that the Bown Board consider a noise abatement ordinance since it is an environmental issue and that fines be established at sufficient levels to discourage repeat offenses. Mr. Macdonell also included a graph indicating that the race track noise levels are 12 to 18 times those of a 2 engine jet aircraft on takeoff. Councilman Diffendorf noted a concern with the accuracy of Mr. Macdonels graph. Mr. Macdonel suggested that the Town measure the noise level with an audiometer. It was determined that readings have not been taken to date. Mr. Lake advised that the noise level does not fall under the current ordinance. Supervisor Kniffen added Ron Clark, Lois Whittemore and Andrew Harpell to join Linda Yonchuk and Chairman Ron Lake as a committee to address the dust/dirt, noise and curfew issues due to the operation of the race track. The Committee will report back by January COMMUNICATIONS: Letter from Taylor & Francis Group, LLC COMMITTEE REPORTS: Councilman Weingartner presented the dog control report for October. Mr. Lake reported that it is now a requirement under the New York State Code that all apartment buildings which consist of three or more apartments be included in an annual fire inspection; each apartment must be entered and inspected. Although a difficult job, Mr. Lake said he feels if Sam Borruso works an additional 2 hours each week this could be accomplished, noting that this would include 414 apartments. Mr. Lake explained that in the past only common areas such as halls, stairways, sheds, etc. were inspected. Discussion followed as to how to get permission for access to all apartments. Although this became effective in January of 2007, they just became aware of this new requirement Page 2 of 7

3 and the inspections will not begin until January of Mr. Newberry added that there are also 32 more operating permit inspections that are required for such businesses as saw mills, dust producing businesses and places of assembly. In regard to the property buyouts following the June 2006 flood, Mr. Lake reported that there are 3 different contracts: asbestos inspection, asbestos monitoring during construction and the construction demolition and site grading. He said they are waiting to go out for quotes for the asbestos determination portion. Mr. Lake requested that the Board authorize going ahead with this based upon recommendation from Mr. Lake and Mr. Kline. Mr. Jones submitted a proposal for estimated hours required for maintenance and operation of the town s water and sewer systems. Mr. Jones reported that Mr. Dice of Foley Road is looking for assistance from the Town to put a pipe in that he received from the County, but he said the Town owns the property and he does not want to get involved with it. Mr. Kline said that Mr. Dice has filed a Notice of Claim against the Town which is pending so until it is resolved he does not think the Town should get involved. OLD BUSINESS: Councilwoman Yonchuk moved to adopt resolution, after a Public Hearing, adopting the Annual Budget for 2008, in accordance with the attached resolution. Councilman Diffendorf seconded. Councilman Diffendorf moved to adopt resolution authorizing acceptance of Sealed Bid for Turf and Irrigation Equipment and awarding to S.V. Moffett co., Inc., being the lowest responsible bidder received at $10, Councilwoman Yonchuk seconded. Councilman Grubham moved to adopt resolution authorizing Supervisor to enter into an agreement with Lake Engineering regarding Pump Station, in accordance with the attached agreement. Councilman Weingartner seconded. Discussion: Mr. Lake said that he has to check into how much professional liability insurance will cost and how soon he can get it. Mr. Kline said that if Mr. Lake does not get the insurance this will come back before the Board. Councilman Weingartner moved to adopt resolution amending the Town of Kirkwood Section 1 General Application, 2. Definitions: A.) 1. Dependent: Spouse, unmarried dependent children to age 19, unmarried full-time college students to age 23 25, mentally handicapped, developmentally disabled or physically handicapped children over Adopt 2008 Budget Award Bid Turf & Irrigation Equip Pump Station Agreement Lake Eng Benefit Plan Page 3 of 7

4 incapable of self-support. Councilman Grubham seconded Benefit Plan Benefit Plan Rules Attend/ Benefits Councilwoman Yonchuk moved to adopt resolution amending the Town of Kirkwood Section 1 General Application, 8.) Employee Contributions: A.) Effective January 1, 2003 July 1, 2008 all elected officials of the Town of Kirkwood, the Town Attorney, and the Town Engineer who are enrolled in the medical insurance program will contribute 10% 12.5% towards the medical insurance premium. B.) Effective January 1, 2003 July 1, 2008 all other employees who are enrolled in the medical insurance program will contribute 5% 7.5% towards the medical insurance premium. Councilman Diffendorf seconded. Councilman Diffendorf moved to adopt resolution amending the Town of Kirkwood Section 2 Health and Dental Insurance 1.) Eligibility for Coverage and Premium Payment: A.) Health and Dental Insurance: 1.) The following persons employed on a permanent basis shall be eligible for coverage (either family, 2-person or individual) with the Town paying the full premium 92.5% of the premium and the employee paying 7.5% of the premium or the Town paying 87.5% and the elected official, Town Attorney, or Town Engineer paying 12.5%. 2.) The following persons employed on a permanent basis shall be eligible for an individual option with the Town paying the full premium 92.5% of the premium and the employee paying 7.5% of the premium or a 2-person or family option with the employee paying the difference between the individual option and the 2-person and the 2-person or family option, which ever they choose Town paying ½ the premium. Councilwoman Yonchuk seconded. Councilman Grubham moved to adopt resolution amending the Rules and Regulations Governing Attendance and Benefits for Town of Kirkwood Employees as follows: Article 13 Vacation, 2. Vacation Use and Approval: a.) Vacation Use: Vacation time must can be used on minimum of ½ day 1 hour. Councilman Weingartner seconded. Page 4 of 7

5 Councilman Weingartner moved to adopt resolution amending the Rules and Regulations Governing Attendance and Benefits for Town of Kirkwood Employees as follows: Article 15 Personal Leave Days with Pay (PL) 3.) Personal Leave Credit for Permanent Part Time Employees: A permanent part time employee shall not be entitled to personal leave days of absence with pay except for a death in the immediate family. Death in the immediate family not to exceed 3 of their next regular work days will be provided by the Town to permanent part time employees for each death in the immediate family occurrence. Councilwoman Yonchuk seconded. Discussion: Concern over the wording and the intent of this resolution. Councilwoman Yonchuk resolution scheduling a Public Hearing for November 27, 2007 at 6:00 pm on the Year 2008 Water and Sewer Rolls. Councilman Diffendorf seconded. Councilman Diffendorf moved to adopt resolution scheduling a Public Hearing for November 27, 2007 at 6:05 pm on the Year 2008 Fire Contracts. Councilwoman Yonchuk and Councilman Grubham seconded. Councilman Grubham moved to adopt resolution Determining the Environmental Nonsignificance Under the State Environmental Quality Review Law of the Proposed Establishment of Fairview Drive Sewer District, in accordance with the attached resolution. Councilman Weingartner seconded. Councilman Diffendorf moved to adopt Final Order Establishing Fairview Drive Sewer District, in accordance with the attached order. Councilwoman Yonchuk seconded Rules Attendance/ Benefits Sched PH 2008 W&S Rolls Sched PH 2008 Fire Contracts Det. Non-Sig Fairview Dr. Sewer Dist Final Order Est. Fairview Dr. Sewer Dist. Page 5 of 7

6 Asmnt Rev. Settlmnt L Benefit Plan Benefit Plan NEW BUSINESS: Councilwoman Yonchuk moved to adopt resolution Authorizing Settlement of Pending Assessment Review Proceeding Commenced by L-3 Communications Holdings, Inc., in accordance with the attached resolution. Councilman Diffendorf seconded. Discussion: Mr. Kline explained that there will be no refunds for 2006 or 2007 and beginning in 2008 the only impact will be in regard to the fire tax which will be reduced to a total of $9,600,000 and it will affect the fire tax in 2008, 2009 and 2010 at which point the PILOT stops. Councilman Grubham moved to adopt resolution amending the Town of Kirkwood Section 2 Health and Dental Insurance, 1.) Eligibility for Coverage and Premium Payment A.) Health and Dental Insurance 2.) a.) Persons working in the Town positions of Assessor Part Time, Bookkeeper Part Time, Budget Officer Part Time, Clerk Part Time, Ordinance Enforcement Officer Part Time, and Building Inspector. Councilman Weingartner seconded. Councilman Weingartner moved to adopt resolution amending the Town of Kirkwood Section 2 Health and Dental Insurance, 2.) Ineligibility for Coverage, A.) Health and Dental Insurance 1.) The following persons are ineligible for health and dental coverage: Employees working a regularly scheduled work week of less than 35 hours on a permanent basis in positions other than those positions named as eligible. Temporary full time or part time help. Persons working in positions of Board of Assessment Review Members, Building and Code Inspector Part Time (includes fire inspections), Deputy Tax Collector, Deputy Town Clerk, Election Board Members, Cleaner, Ordinance Enforcement Officer Part Time, Planning Board Members, Planning Board Advisory Committee Members, Recreation Directors, Registrar of Vital Statistics, Town Historian, Youth Advisory Board Members, Youth Recreation Assistants, Zoning Board of Appeals Members, and Zoning Board Ad Hoc Members. Councilwoman Yonchuk seconded. Page 6 of 7

7 Councilwoman Yonchuk moved to adopt resolution appointing Cynthia French as Zoning Board of Appeals Member, to fill the unexpired term for Larry McBride, for a term to expire December 31, Councilman Diffendorf seconded. Councilman Diffendorf moved to adopt resolution appointing Peter Michael Maciak as Temporary Ad Hoc member of the Zoning Board of Appeals, pursuant to Local Law ; for a term to expire December 31, 2007 and to be compensated at $30.00 per meeting attended, upon submission of a voucher to the Town Clerk. Councilman Grubham seconded. Councilman Grubham moved to adopt resolution authorizing Supervisor to sign agreement with lowest responsible bidder on proposals received for Pre Demo Asbestos Survey and Testing. Councilman Weingartner seconded. AUDIT AND PAYMENT OF CLAIMS: Councilwoman Yonchuk 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, al in accordance with the abstract of claims on file in the Town Clerk s Office. Councilman Diffendorf seconded Appoint C. French ZBA Appoint P. Maciak ZBA Ad Hoc Pre Demo Asbestos Agrment Ibuyout) Audit/Pay ADJOURNMENT: Councilman Weingartner moved to adopt resolution to adjourn the meeting. Councilman Grubham seconded. All voted in favor Adjourn Meeting adjourned at 7:59 P.M. Respectfully submitted, Gayle M. Diffendorf Town Clerk Page 7 of 7