A regular meeting of the Kirkwood Town Board was held on at 6:00 ...

TOWN OF KIRKWOOD
TOWN BOARD MEETING
June 4, 2013
A <strong>regular</strong> <strong>meeting</strong> <strong>of</strong> <strong>the</strong> <strong>Kirkwood</strong> <strong>Town</strong> <strong>Board</strong> <strong>was</strong> <strong>held</strong> on June 4, 2013 at 6:00 PM at
<strong>the</strong> Joseph A. Griffin <strong>Town</strong> 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: Oliver Blaise III, Deputy <strong>Town</strong> Attorney
Gayle Diffendorf, <strong>Town</strong> Clerk
Raymond Coolbaugh, DPW Commissioner
Marchie Diffendorf, Planning Bd. Chairman
James Smith, Budget Officer
PLEDGE OF ALLEGIANCE:
Supervisor Kniffen noted that <strong>Kirkwood</strong> boy scouts were in attendance with <strong>the</strong>ir scout
master Mr. Zevotek. They met with <strong>the</strong> Supervisor prior to this <strong>meeting</strong>.
APPROVAL OF MINUTES:
May 7, 2013 <strong>Town</strong> <strong>Board</strong> Meeting and May 28, 2013 Public Hearing
PUBLIC PARTICIPATION:
Noting a concern about <strong>the</strong> expense <strong>of</strong> <strong>the</strong> proposed GPS installations, Pat Griffin
questioned <strong>the</strong> need for <strong>the</strong>m and asked if a problem <strong>was</strong> ever brought up or discussed
under prior Highway Superintendents. Councilwoman Yonchuk said that her recollection
is that it <strong>was</strong> discussed in <strong>the</strong> past, but not specifically a GPS system. Supervisor Kniffen
said that at different times people have expressed <strong>the</strong>ir concerns and <strong>the</strong>y were passed on
to <strong>the</strong> highway department at that time and it <strong>was</strong> up to <strong>the</strong>m to deal with it. Pat
questioned how people that have concerns know where trucks are supposed to be. She
thinks this is a lot <strong>of</strong> money and maybe <strong>the</strong>re is something else that could be put in place.
Marchie Diffendorf <strong>of</strong> 483 Gorman Road said that he told <strong>the</strong> past Highway
Superintendent, Richard Jones, that he had seen <strong>the</strong> town vehicles in Vestal and <strong>the</strong>
second time he called Mr. Jones, Mr. Jones asked where <strong>the</strong> employee <strong>was</strong> now. He feels
it is an ongoing problem. He said that he is <strong>the</strong> one that originally brought this up to <strong>the</strong>
<strong>Town</strong> <strong>Board</strong>. Unfortunately <strong>the</strong>re is really no o<strong>the</strong>r policing going on and it has been
reactive instead <strong>of</strong> proactive. The drivers should be prevented from going to McDonalds
in Pennsylvania, Court Street and Vestal.
Kurt Frisbie said that he feels it is a lot <strong>of</strong> money to spend on GPS units. He questioned
if o<strong>the</strong>r towns are doing <strong>the</strong> same thing. He said it is a costly expense if it is only one
particular person with this issue. He questioned if <strong>the</strong> <strong>Town</strong> has looked into cell phones,
noting that <strong>the</strong>re is a free app.
Delbert Austin <strong>of</strong> 2347 Rt. 11 addressed a problem in Riverside at 2366 Rt. 11. He had
an unsatisfactory <strong>meeting</strong> with Scott Russell in regard to his concern since Scott seemed
to be overwhelmed with his back log <strong>of</strong> work, being only allowed to work 30 hours per
week. The house at 2366 Rt. 11 flooded in 2006 and 2011. During that time frame it <strong>was</strong>
questionable whe<strong>the</strong>r <strong>the</strong> house should have been occupied, but it <strong>was</strong>. The house has
now not been occupied for over a year. According to Mr. Russell <strong>the</strong> owner <strong>was</strong>
contacted back in November at which time <strong>the</strong> owner told him <strong>the</strong>y are looking to have a
structural engineer determine whe<strong>the</strong>r it should be demolished or rebuilt. He said
according to <strong>the</strong> <strong>Town</strong>’s own regulations, <strong>the</strong>y have a time frame to work this out and in
<strong>the</strong> building and safety repair removal sections, every article relates to this building:
grass <strong>of</strong> 4 feet high, broken windows, access to <strong>the</strong> railroad (vagrant issue), fire hazards
(<strong>the</strong>y can’t even get to <strong>the</strong> front door in case <strong>of</strong> a fire), closeness to neighbors. From <strong>the</strong>
Pennsylvania State Line to <strong>the</strong> cemetery <strong>the</strong>re are over 18 houses that have sustained
flood damage in both 2006 and 2011 and all <strong>of</strong> those houses, with <strong>the</strong> exception <strong>of</strong> two,
1

TOWN OF KIRKWOOD
TOWN BOARD MEETING
June 4, 2013
are rebuilt, maintained and up to code. His question is why this is not being followed
through with by <strong>the</strong> <strong>Town</strong>. He submitted pictures <strong>of</strong> <strong>the</strong> neighborhood to show <strong>the</strong> pride
his neighbors take in <strong>the</strong>ir property. It is a privilege for him to live in <strong>Kirkwood</strong>, New
York and he feels that a great job is being done but someone is dropping <strong>the</strong> ball on this
particular code violation. He would like an answer on how 2366 Rt. 11 is going to be
dealt with. He added that <strong>the</strong>re is a picture <strong>of</strong> a house that has not been occupied since
<strong>the</strong> flood damage <strong>of</strong> 2006 but <strong>the</strong> people come from three hours away to maintain <strong>the</strong>
house and see that <strong>the</strong> lawn is mowed.
In regard to <strong>the</strong> statement <strong>of</strong> <strong>the</strong> 30 hours for <strong>the</strong> Code Enforcement Officer, Supervisor
Kniffen said that <strong>the</strong> salary is kept down in an effort to meet <strong>the</strong> 2% tax cap law, which
keeps taxes down and is a challenge with <strong>the</strong> sacrifice <strong>of</strong> services involved. Some <strong>of</strong> <strong>the</strong>
o<strong>the</strong>r sacrifices are that brush pickup has been eliminated and <strong>the</strong>re is no longer a full
time engineer. He said that Mr. Austin brought this up a year ago and it <strong>was</strong> addressed
at that time and <strong>the</strong> lawn <strong>was</strong> mowed. Now nothing has been done. It cannot be
occupied without an engineering study which costs a lot <strong>of</strong> money. The people that own
<strong>the</strong> property live out <strong>of</strong> state but <strong>the</strong>y will be coming in this weekend to clean up. In
comparison, Mr. Austin said that <strong>the</strong> o<strong>the</strong>r property two doors up that is not occupied is
owned by someone from Rochester and it looks good. He added that in <strong>the</strong> <strong>Town</strong> law
<strong>the</strong>re are regulations that allow action to be taken for non-compliance in a timely manner
and he wants something to be done.
Supervisor Kniffen said that <strong>the</strong>y can be taken to local court and fined but it is difficult
and <strong>the</strong>re are costs to all <strong>the</strong> taxpayers to take specific action against someone. Mr.
Austin said that within 200 feet <strong>of</strong> that house <strong>the</strong>re are seven children between <strong>the</strong> ages <strong>of</strong>
2 and 16 and he is concerned with <strong>the</strong> children getting hurt on <strong>the</strong> property, rat infestation
and fire and who would be responsible, <strong>the</strong> property owner or <strong>the</strong> <strong>Town</strong>. Supervisor
Kniffen said that when <strong>the</strong>re is a known danger that <strong>the</strong> <strong>Town</strong> is trying to rectify, it is <strong>the</strong>
parent’s obligation to keep <strong>the</strong>m away from <strong>the</strong> property. Mr. Austin questioned why <strong>the</strong>
<strong>Town</strong> would have <strong>the</strong> code if <strong>the</strong>y can’t deal with it and he and his neighbors are not
happy with this situation.
Audrey Glover <strong>of</strong> 116 Main Street said that she feels $5,000 is a lot <strong>of</strong> money for a GPS
and if <strong>the</strong>re is a problem it should be solved. She said that Mr. Coolbaugh said he has
had no complaints for <strong>the</strong> last two years and Mr. Kniffen has not stated he received any
calls. She said Mr. Diffendorf said his concern related to a previous Highway
Superintendent. There is no money for tires and asked when <strong>was</strong> <strong>the</strong> last time <strong>the</strong>re <strong>was</strong> a
white goods pickup. If <strong>the</strong>re is enough money for GPS units in 12 trucks <strong>the</strong> <strong>Town</strong>
should be able to come up with enough money to take care <strong>of</strong> <strong>the</strong> trash in <strong>the</strong> <strong>Town</strong> <strong>of</strong>
<strong>Kirkwood</strong>. She said that she agrees with Mr. Grubham that it is necessary protection for
<strong>the</strong> dog catcher.
COMMUNICATIONS: None.
COMMITTEE REPORTS:
Councilman Weingartner presented <strong>the</strong> dog control report for May.
Ray Coolbaugh reported that <strong>the</strong> Department <strong>of</strong> Public Works <strong>was</strong> recently honored with
a dinner and plaque at <strong>the</strong> Elk’s club, organized by Joe Thompson.
OLD BUSINESS:
Discussion – Request from residents for <strong>the</strong> <strong>Town</strong> to run a water line on Susquehanna
Lane (cost estimate)
Ray Coolbaugh presented a rough estimate <strong>of</strong> $175,450 from Dan Griffiths for <strong>the</strong>
project. 1,300 lineal feet <strong>of</strong> 6 inch PVC at $35 a foot - $ 45,500
Jack and bore under <strong>the</strong> railroad tracks - $100,000
2 hydrants @ $4,000 each - $ 8,000
4 valves at $1,500 - $ 6,000
10% contingency - $ 15,950
Total $175,450
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TOWN OF KIRKWOOD
TOWN BOARD MEETING
June 4, 2013
He added that it could change depending on <strong>the</strong> bid. Discussion as to whe<strong>the</strong>r this would
have to be voted on and whe<strong>the</strong>r it would be a stand-alone district and <strong>the</strong>n consolidated
or be consolidated so that all water users would pay per unit. Since <strong>the</strong>re are about 7,300
units <strong>the</strong> cost would be about $24 per unit, one time. Councilwoman Yonchuk said that
since this is a rough estimate this should be considered at <strong>the</strong> next <strong>meeting</strong>. Ray said that
this includes design cost. Mr. Blaise said that if a new district is formed <strong>the</strong> people
forming <strong>the</strong> district can petition <strong>the</strong> <strong>Town</strong> but under Article 12A <strong>the</strong> <strong>Town</strong> can do this on
its own. Various details will be researched and reviewed for additional discussion at <strong>the</strong>
June 25 th <strong>meeting</strong>.
Discussion – Sewer Rates. (GEK)
Supervisor Kniffen explained that <strong>the</strong>re has been an ongoing discussion about <strong>the</strong>
situation with <strong>the</strong> Binghamton Johnson City Joint Sewage Treatment plant where <strong>the</strong>
<strong>Town</strong> sends all it’s flow. The expense <strong>of</strong> processing is called sewer rent. When a bill is
received from <strong>the</strong> plant it has to be passed on to <strong>the</strong> special district. He explained that
when <strong>the</strong> last district in <strong>the</strong> <strong>Town</strong> <strong>was</strong> created (Bell School) <strong>the</strong> sewer rent cost, in
addition to <strong>the</strong> actual capital costs to build <strong>the</strong> system, <strong>was</strong> $1.20 per 100 cubic feet with
a typical house billed for approximately 100 cubic feet annually. Through <strong>the</strong> years <strong>the</strong>
costs have increased dramatically due to things such as <strong>the</strong> EPA’s demands on how to
process <strong>the</strong> flow involving chemicals which increase <strong>the</strong> cost, <strong>the</strong> 2006 flood and facility
updates <strong>of</strong> $60 million in capital costs, etc. Those are spread out over all <strong>the</strong> outside
users <strong>of</strong> which <strong>Kirkwood</strong> is one. DEC filed a Consent Order which required better
control because <strong>of</strong> too much infiltration resulting in too much water being processed.
There is currently a CMOM program which is very expensive which all <strong>the</strong> users have to
comply with and without any warning after <strong>the</strong> 2013 budget <strong>was</strong> established in 2012
<strong>the</strong>re <strong>was</strong> a large increase. Fortunately with Jim Smith’s guidance and suspicions <strong>of</strong>
rising costs, <strong>the</strong> rate <strong>was</strong> increased to $5.25. The facility bills <strong>the</strong> <strong>Town</strong> four times a year
based on prior years flow and <strong>the</strong> first bill <strong>was</strong> over 30% increase for all <strong>the</strong> outsider
users. This increase amounts to $280,000 a year that <strong>was</strong> not budgeted for but since an
increase <strong>was</strong> anticipated <strong>the</strong> impact <strong>was</strong> not as great as it could have been. The <strong>Town</strong> has
no choice but to pay <strong>the</strong> bill since <strong>the</strong>re is no o<strong>the</strong>r place to send <strong>the</strong> sewage.
Jim Smith added that <strong>the</strong>y generally try to buffer how quickly <strong>the</strong> rates are raised but <strong>the</strong>y
used to get <strong>the</strong> information earlier and now <strong>the</strong>y get it in May and it is retroactive to
January 1. The Flow Management Report indicated to <strong>the</strong>m that <strong>the</strong>y needed to raise <strong>the</strong>
rate. They received an estimated bill for 2012 <strong>of</strong> $4.05 per 100 cubic feet and now it is
up to $5.41 and <strong>the</strong>re <strong>was</strong> no warning that it would increase that dramatically. He
recently found out that <strong>the</strong> biggest reason is <strong>the</strong> $4 million flood remediation. They are
hoping that FEMA will pay back at least $3 million (and/or insurance), but <strong>the</strong>re is no
guarantee <strong>of</strong> that. Going to $5.25 helped to buffer when it <strong>was</strong> changed to $5.41. The
hope is that <strong>the</strong>y will be somewhat stable going into 2014 at this rate. The <strong>Town</strong> needs to
get <strong>the</strong>ir rate up or <strong>the</strong> fund balance will be used up. He feels that o<strong>the</strong>r municipalities
are worse <strong>of</strong>f than <strong>Kirkwood</strong> with much more dramatic increases.
Supervisor Kniffen and Jim Smith are recommending a raise in <strong>the</strong> rate by September so
a public hearing will be need to be scheduled by resolution at this <strong>meeting</strong> for June 25 th .
Discussion – <strong>Town</strong> Road Use Law and Agreement. (GEK)
Supervisor Kniffen explained that <strong>Kirkwood</strong> has adopted two road use laws in regard to
protecting roads in <strong>the</strong> event <strong>of</strong> gas drilling. Broome County has adopted a similar law
and is asking all <strong>the</strong> municipalities in <strong>the</strong> county to considering adopting <strong>the</strong>ir law.
Although <strong>the</strong> County is asking for a decision by today, <strong>the</strong>re is not enough time to
consider it so <strong>the</strong>re is a resolution on <strong>the</strong> agenda advising <strong>the</strong> County Executive that <strong>the</strong>
<strong>Town</strong> will consider it but <strong>the</strong>y need more information. He said that if a town does not
adopt Broome County’s law <strong>the</strong> concern is that <strong>the</strong>re are different laws to adhere to and
how would it be managed. Most likely <strong>the</strong> County law is as good or better than <strong>the</strong> <strong>Town</strong>
law and <strong>the</strong>y would have to manage it and <strong>the</strong>re is no cost to <strong>the</strong> <strong>Town</strong>. The initial cost
<strong>of</strong> $9,900 will be absorbed by <strong>the</strong> County.
3

TOWN OF KIRKWOOD
TOWN BOARD MEETING
June 4, 2013
Councilwoman Yonchuk said that she feels <strong>the</strong>y should compare <strong>the</strong>m and discuss at <strong>the</strong>
June 25 th <strong>meeting</strong>.
Councilman Diffendorf said that he likes <strong>the</strong> idea <strong>of</strong> a county wide law but wants more
information.
Oliver Blaise said that is why <strong>the</strong> proposed resolution states that <strong>the</strong>y want to review <strong>the</strong>
proposed Technical Manual and Program Manual. This basically notifies <strong>the</strong> County that
<strong>the</strong> towns are interested in <strong>the</strong> proposal subject to getting more information. Councilman
Weingartner questioned if <strong>the</strong> law <strong>the</strong>y reviewed last October <strong>was</strong> supposed to be <strong>the</strong>
law. Supervisor Kniffen said that <strong>the</strong> County went with ano<strong>the</strong>r law firm. Mr. Blaise
explained that his firm developed <strong>the</strong> Windsor law which <strong>was</strong> adopted by a number <strong>of</strong>
towns and <strong>the</strong> County went with <strong>the</strong> Delta plan developed by <strong>the</strong> Delta Engineering firm.
He noted that <strong>the</strong>y are very similar. The major difference is <strong>the</strong> up-front cost, that Delta
provides <strong>the</strong> local law and any engineering studies and sampling <strong>of</strong> roads at a certain
expense. The good thing is that <strong>the</strong>re is actually scientific evidence <strong>of</strong> <strong>the</strong> condition <strong>of</strong>
<strong>the</strong> roads prior to being driven on with a road use permit. The County will pay <strong>the</strong> upfront
costs for towns that adopt <strong>the</strong>ir law.
Councilwoman Yonchuk noted that <strong>the</strong>re are state roads in <strong>Kirkwood</strong> and noted a
concern if <strong>the</strong>y will have a plan as well.
Councilman Grubham said that he is basically in favor since it benefits <strong>the</strong> <strong>Town</strong> cost
wise and with administration. Mr. Blaise said one <strong>of</strong> <strong>the</strong> questions is in regard to
administration. With a uniform system it would make sense that <strong>the</strong> County will issue
permits but it is not clear yet. The County plan does not include enforcement so that is
something <strong>the</strong> <strong>Town</strong> would have to bear. An issue also is who is going to negotiate a
road permit.
Mr. Blaise said that under <strong>the</strong> Delta plan who pays subsequent costs is at issue. Basically
all <strong>Board</strong> members are interested in pursuing this but want more information.
79-13
Br. Co.
Road Use
Agreement
80-13
SEQR
LL #3
Amend
Zoning
Cell Towers
81-13
Adopt
LL#3
Amend
Zoning
Cell Towers
Councilwoman Yonchuk moved to adopt resolution advising Broome County Executive
that <strong>the</strong> <strong>Town</strong> <strong>of</strong> <strong>Kirkwood</strong> is interested in considering adopting <strong>the</strong> Local Road Use and
Preservation Law prepared by Delta Engineers at no cost to <strong>the</strong> <strong>Town</strong>, but need to review
<strong>the</strong> proposed Technical Manual and Program Manual referred to in that Local Law.
Councilman Diffendorf seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilman Diffendorf moved to adopt resolution, after a Public Hearing, adopting
SEQR Negative Declaration Notice <strong>of</strong> Determination <strong>of</strong> Non-Significance regarding
Local Law No. 3-2013 entitled “A Local Law Amending <strong>the</strong> Zoning Local Law <strong>of</strong> <strong>the</strong>
<strong>Town</strong> <strong>of</strong> <strong>Kirkwood</strong>, Broome County, New York”, in accordance with <strong>the</strong> attached SEQR
Determination. Councilman Grubham seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilman Grubham moved to adopt resolution, after a Public Hearing, adopting Local
Law No. 3-2013 entitled “A Local Law Amending <strong>the</strong> Zoning Local Law <strong>of</strong> <strong>the</strong> <strong>Town</strong> <strong>of</strong>
<strong>Kirkwood</strong>, Broome County, New York”, in accordance with <strong>the</strong> attached resolution.
Councilman Weingartner seconded.
4

TOWN OF KIRKWOOD
TOWN BOARD MEETING
June 4, 2013
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilman Weingartner moved to adopt resolution, after a Public Hearing, adopting
SEQR Determination that Proposed Activity Does Not Require Environmental Review
regarding Local Law No. 4-2013 entitled “A Local Law Amending an Ordinance entitled
‘Junk Ordinance <strong>of</strong> <strong>the</strong> <strong>Town</strong> <strong>of</strong> <strong>Kirkwood</strong>, New York’”, in accordance with <strong>the</strong> attached
SEQR Determination. Councilwoman Yonchuk seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilwoman Yonchuk moved to adopt resolution, after a Public Hearing, adopting
Local Law No. 4-2013 entitled “A Local Law Amending an Ordinance entitled ‘Junk
Ordinance <strong>of</strong> <strong>the</strong> <strong>Town</strong> <strong>of</strong> <strong>Kirkwood</strong>, New York’”, in accordance with <strong>the</strong> attached
resolution. Councilman Diffendorf seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilman Diffendorf moved to adopt resolution accepting <strong>the</strong> attached statement to be
read into <strong>the</strong> record regarding <strong>the</strong> Steven M. Clements application for rezoning.
Councilman Grubham seconded.
Discussion: Mr. Blaise said <strong>the</strong> statement will be on file in <strong>the</strong> <strong>Town</strong> Clerk’s Office and
is declining Mr. Clements’ request to allow used car sales at 757 Upper Court Street.
Roll Call Vote: Councilman Weingartner - no
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - no
Supervisor Kniffen - yes
MOTION CARRIED.
Councilman Grubham moved to adopt resolution authorizing Supervisor to enter into an
Addendum to Service Agreement Dated June 5, 2013 between GeoForce and <strong>Town</strong> <strong>of</strong>
<strong>Kirkwood</strong>, in accordance with <strong>the</strong> attached addendum. Councilman Diffendorf seconded.
Discussion: Councilman Weingartner said that he feels it is too much money and he
hopes that <strong>the</strong> rest <strong>of</strong> <strong>the</strong> <strong>Board</strong> will see that. They are trying to get this under control
without using a GPS and it would be good not to vote for this.
82-13
SEQR
LL #4
Junk Ord.
83-13
Adopt
LL#4
Junk Ord.
84-13
Clements
Rezoning
85-13
GeoForce
Agreement
(GPS)
FAILED
Councilman Diffendorf said that Pat Griffin brought up a memory <strong>of</strong> Joe Griffin in regard
to <strong>the</strong> first computer <strong>the</strong> <strong>Town</strong> <strong>was</strong> buying for <strong>the</strong> <strong>Town</strong> <strong>of</strong> <strong>Kirkwood</strong> which <strong>was</strong>
something new and he feels this is taking ano<strong>the</strong>r step forward.
Supervisor Kniffen said that he feels it is a sad situation <strong>the</strong>y are in when this has to be
considered. He feels Ray needs more <strong>of</strong> a chance to manage <strong>the</strong> situation and to fix it.
He said that he does not know how this will go, but if it doesn’t go and things don’t get
fixed Ray and his management will be looked at. He feels this should be fixable without
spending money.
5

TOWN OF KIRKWOOD
TOWN BOARD MEETING
June 4, 2013
Councilman Grubham said that he has had people call him over <strong>the</strong> past three or four
years about this issue and he saw a couple <strong>of</strong> things himself which led him to question
why people were out <strong>of</strong> <strong>the</strong> town. He said he saw a couple <strong>of</strong> people driving around just
<strong>was</strong>ting time in Johnson City. He does not know how one person can keep track <strong>of</strong> <strong>the</strong>
trucks all <strong>the</strong> time without having some way <strong>of</strong> knowing where <strong>the</strong>y are. He does not
care about sending <strong>the</strong>m home without pay but that is Ray’s problem to take care. There
is no way he can know for sure where <strong>the</strong>y are. Although he does not want to spend <strong>the</strong>
money he would like to see how this works for at least a year and he thinks <strong>the</strong> dog
control <strong>of</strong>ficer would benefit from it.
Councilwoman Yonchuk said that from what has been brought to <strong>the</strong>ir attention <strong>the</strong>re are
maybe two or three <strong>of</strong>fending individuals and <strong>the</strong>y would be putting this on 12 trucks.
She said that if this is going to be done it should be put on all trucks, but one <strong>of</strong>fense is
wrong but is that enough to go to this expense. She would like to see this corrected in
house and she is not comfortable with this expense for what she believes is not a major
problem. She also noted that this proposal does not state what <strong>the</strong> consequences are for
an <strong>of</strong>fending party and she is uneasy about passing it if it might not be consistently
enforced.
Councilman Diffendorf said that by having <strong>the</strong> GPS system <strong>the</strong>y know where <strong>the</strong> trucks
are at, if <strong>the</strong>y are working or if <strong>the</strong>y are just sitting some place. If <strong>the</strong>y are where <strong>the</strong>y are
supposed to be <strong>the</strong>n it isn’t a problem. This is something new and every trucking
company in <strong>the</strong> country has this system on <strong>the</strong>ir trucks so that <strong>the</strong>y know what <strong>the</strong>ir truck
drivers are doing.
Following a number <strong>of</strong> additional questions and comments, <strong>the</strong> <strong>Board</strong> decided to
continue with <strong>the</strong> vote on this resolution.
Roll Call Vote: Councilman Weingartner - no
Councilman Grubham - yes
Councilwoman Yonchuk - no
Councilman Diffendorf - yes
Supervisor Kniffen - no
MOTION FAILED.
86-13
PAL
Agreement
87-13
Tn <strong>of</strong> Conklin
Arts/Crafts
Agreement
88-13
ACHIEVE
Agreement
Councilman Weingartner moved to adopt resolution authorizing <strong>the</strong> Supervisor to enter
into an agreement with Police Athletic League (PAL) for <strong>the</strong> 2013 Summer Program, in
accordance with <strong>the</strong> attached agreement. Councilwoman Yonchuk seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilwoman Yonchuk moved to adopt resolution authorizing Supervisor to enter into
an agreement with <strong>the</strong> <strong>Town</strong> <strong>of</strong> Conklin relative to <strong>the</strong> 2013 Summer Arts & Crafts
Program, in accordance with <strong>the</strong> attached agreement. Councilman Diffendorf seconded
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilman Diffendorf moved to adopt resolution authorizing Supervisor to enter into an
agreement with ACHIEVE for <strong>the</strong> 2013 Summer Camp Program, in accordance with <strong>the</strong>
attached agreement. Councilman Grubham seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
6

TOWN OF KIRKWOOD
TOWN BOARD MEETING
June 4, 2013
Councilman Diffendorf
Supervisor Kniffen
MOTION CARRIED.
- yes
- yes
Councilman Grubham moved to adopt resolution authorizing Supervisor to enter into an
agreement with Nicholas Polhamus, Lindsey Haskell, Cody Stone, and Jordan Barnes as
Independent Contractors to conduct an Arts & Crafts Program for <strong>the</strong> <strong>Kirkwood</strong> Youth
Advisory <strong>Board</strong>, in accordance with <strong>the</strong> attached agreements. Councilman Weingartner
seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilman Weingartner moved to adopt resolution pursuant to section 3A(e) <strong>of</strong> Local
Law No. 2-1976 entitled “A Local Law Regulating <strong>the</strong> Use <strong>of</strong> Parks <strong>of</strong> <strong>the</strong> <strong>Town</strong> <strong>of</strong>
<strong>Kirkwood</strong>”, authorizing <strong>Town</strong> Clerk to issue a permit to <strong>the</strong> <strong>Kirkwood</strong> <strong>Town</strong> Fair, Inc.,
for <strong>the</strong> use <strong>of</strong> <strong>the</strong> entire <strong>Kirkwood</strong> Veterans River Park on August 8, 9, and 10, 2013
without any permit fee to guarantee proper clean up after each use. Councilwoman
Yonchuk seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilwoman Yonchuk moved to adopt resolution accepting resignation <strong>of</strong> Steven
Smith as Deputy Commissioner <strong>of</strong> Public Works effective June 5, 2013. Councilman
Diffendorf seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilman Diffendorf moved to adopt resolution designating Steven Smith to fill
vacancy in position <strong>of</strong> MEO Light in Department <strong>of</strong> Public Works at a salary <strong>of</strong> $16.82
per hour effective June 5, 2013. Councilman Grubham seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilman Grubham moved to adopt resolution authorizing Commissioner <strong>of</strong> Public
Works to hire Joe Barton as MEO Heavy at a salary <strong>of</strong> $15.41 per hour effective June 5,
2013. Councilman Weingartner seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
89-13
Arts/Crafts
Agreements
(4)
90-13
Park Permit
<strong>Town</strong> Fair
91-13
S. Smith
DPW Dep
Comm.
Resign.
92-13
S. Smith
DPW
MEO Light
position
93-13
J. Barton
DPW
MEO Heavy
7

TOWN OF KIRKWOOD
TOWN BOARD MEETING
June 4, 2013
94-13
Appoint
J. Barton
Dep. Comm.
DPW
95-13
Sched PH
Amend
Sewer Rent
LL
96-13
Transfer <strong>of</strong>
Funds
97-13
Addtl Comp
Dep Tn Atty
W&S Rolls
98-13
Audit/Pay
Councilman Weingartner moved to adopt resolution recognizing appointment <strong>of</strong>
Commissioner <strong>of</strong> Public Works <strong>of</strong> Joe Barton as Deputy Commissioner <strong>of</strong> Public Works
at a salary <strong>of</strong> $16.41 per hour effective June 5, 2013. Councilwoman Yonchuk seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilwoman Yonchuk moved to adopt resolution scheduling a public hearing for June
25, 2013 at 6:00 in regard to amending <strong>the</strong> Sewer Rent Local law. Councilman
Diffendorf seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
NEW BUSINESS:
Councilman Diffendorf moved to adopt resolution authorizing <strong>the</strong> Transfer <strong>of</strong> Funds, in
accordance with <strong>the</strong> attached resolution. Councilman Grubham seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
Councilman Grubham moved to adopt resolution authorizing additional compensation to
Deputy <strong>Town</strong> Attorney for additional work relating to Water & Sewer Rolls, in
accordance with <strong>the</strong> attached resolution. Councilman Weingartner seconded.
Discussion: Supervisor Kniffen explained that this <strong>was</strong> turned over to <strong>the</strong> legal
department for management <strong>of</strong> <strong>the</strong> water and sewer rolls. Some <strong>of</strong> what Mr. Blaise is
doing is clerical, administrative type work that an attorney is not necessarily needed for.
Since <strong>the</strong>re is no one internally to work on this, Pat Griffin has agreed to do <strong>the</strong> work
which will save <strong>the</strong> <strong>Town</strong> money. Mr. Blaise explained <strong>the</strong> process and said that he
anticipates that Pat will be able to handle a majority <strong>of</strong> <strong>the</strong> work.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
AUDIT AND PAYMENT OF CLAIMS:
Councilman Weingartner moved to adopt resolution authorizing <strong>the</strong> audit and payment <strong>of</strong>
<strong>the</strong> following claims: General and Highway Funds, Special Districts (Fire, Light, Water
and Sewer Districts), Pr<strong>of</strong>essional Services, Capital Projects and Reserve Funds claims,
and ratifying <strong>the</strong> payment <strong>of</strong> <strong>the</strong> prepaid claims as authorized by resolution adopted
January 3, 2013, all in accordance with <strong>the</strong> abstract <strong>of</strong> claims on file in <strong>the</strong> <strong>Town</strong> Clerk’s
Office. Councilwoman Yonchuk seconded.
Roll Call Vote: Councilman Weingartner - yes
Councilman Grubham - yes
Councilwoman Yonchuk - yes
Councilman Diffendorf - yes
Supervisor Kniffen - yes
MOTION CARRIED.
8

TOWN OF KIRKWOOD
TOWN BOARD MEETING
June 4, 2013
ADJOURNMENT:
Councilman Weingartner moved to adopt resolution to adjourn <strong>the</strong> <strong>meeting</strong>. Councilman
Grubham seconded. All vote in favor.
MOTION CARRIED.
Meeting adjourned at 7:39 P.M.
Respectfully submitted,
Gayle M. Diffendorf
<strong>Town</strong> Clerk
9