TOWN OF KIRKWOOD WORK SESSION

Transcription

1 Present: Supervisor Gordon Kniffen, presiding Councilman Robert Weingartner Councilman Lewis Grubham Councilwoman Linda Yonchuk Councilman William Diffendorf, Jr. Also Present: Herbert Kline, Town Attorney Gayle Diffendorf, Town Clerk Richard Jones, DPW Commissioner Ronald Lake, Town Engineer 1. Proposed Empire Zone Reorganization Margaret Scarinzi and Frank Evangelisti. (GEK) Supervisor Kniffen noted that Kirkwood Empire Zone representatives were in attendance: Ed Egan, Tiger Gorick and Ray Swift. Frank Evangelisti, Chief Planner for Broome County and Chairman of the Empire Zone Board presented a reorganization proposal for the Empire Zone (a copy of which is on file in the Town Clerk s ofice), which should solve a number of problemswith the way the Empire Zone is administered. He said that Margaret Scarinzi basically handles two zones the Binghamton/Kirkwood Zone (Broome County Zone) and the Triples Cities Zone which is double the size of any other zone in Broome County and she does this with no staff support, due to state budget cuts. He explained that there are also budget issues. Currently the State gives the Empire Zone $45,000 a year with a cash match currently of Binghamton 1/3, Union 1/3 and Kirkwood/Broome County 1/3. Mr. Evangelisti said that he does not feel that it is fair that Broome County only contributes $2,600 and Kirkwood pays the rest of the 1/3 and the proposal is that it become a 4-way split which would amount to about $10,500 for each member. (This is a $872 decrease for Kirkwood.) He also noted that the County would provide things such as telephone and postage that are not billed separately which results in thousands of dollars in additional savings to the program. Mr. Evangelisti explained that there are currently 17 members, which requires 9 members in attendance for a quorum. He said that in the past it has been hard to get 9 members to a meeting. Under the proposal the number of members would be reduced to 11 with a quorum number of 6. He explained that there would be a direct employee of each member municipality and four rotating board members (two business representatives, one community representative and one resident representative), each with a 2-year term. He did note that currently the members from Kirkwood attend often, but representatives from other municipalities do not. It was noted that all representatives come from Empire Zone member communities. 1

2 Mr. Evangelisti reviewed the Town of Union s comments and concerns in regard to the proposal, a copy of which is on file in the Town Clerk s ofice. Mr. Egan noted a concern that there would be seven new members every two years. Mr. Evangelist explained that there would be four new members, but he would rather that the banking, education and labor representatives not rotate as well as the direct employees of the member communities. In response to Councilman Diffendorf, Ms. Scarinzi explained that Modern Marketing located in Kirkwood with over 150 employees. Although she did not have statistics with her she said that there are two projects that are potentially going to locate in Kirkwood. Councilman Diffendorf noted a concern that there are businesses that locate in the Empire Zone that do not fulfill the requirements of the agreement, especially by not creating the jobs but reap the benefits. Ms. Scarinzi said that there are monitoring tools now in place to address this and that the process to become certified is much more burdensome. She added that there is now a ratio that must be met, for every dollar invested $15 goes back to the community. According to Ms. Scarinzi there is no signed contract involved but with the new changes if someone is certified there must be a review after two years and they are to be questioned if they are not meeting their numbers. If there is no reasonable explanation, the Empire Zone has the ability to pull their certification. Ms. Scarinzi added that although there have been mistakes made in the past the program is trying to fix itself with more accountability. Mr. Evangelisti also noted that although job creation is very important, the investment the businesses make is important as well and is the reason they received a tax credit. Regarding tax credits, Ms. Scarinizi explained that a business has always had to qualify for a tax credit, but the difference is with the old program if a business maintained or exceeded their employment level a tax credit was earned. Now a business must annually exceed the employment level as compared to their base year to earn a tax credit. She added that Empire Zone benefits are for ten consecutive earning years. In response to Councilman Weingartner it was explained that no member community could gain an advantage via voting membership. Mr. Kline suggested that a meeting be held with all the member supervisors and attorneys and that a rotating representative schedule be made up in advance. 2. Open Sealed Bids: 2004 Hyundai Excavator: Monroe Tractor $112, Tracey Road Equipment $116,

3 2007 Self Propelled Road Sweeper Anderson Equipment Company $40, S.C. Hansen, Inc. $35, Tracey Road Equipment $40, Town Hall Air Conditioning and Heating System No bids. 3. Building Code Fees. (HAK) Councilman Grubham had previously expressed a concern with the fee for General Commercial/Industrial Construction of $ plus $.01 per square foot, noting that he feels is it too high for a small business. Councilwoman Yonchuk said that she agrees and suggested that possibly benchmarks should be put in place; that up to a certain square footage there be a flat fee with additional amounts for larger buildings. Councilman Grubham noted in Johnson City building permits for everything are $10.00 for the first 2,000 and $150 for every thousand thereafter and in Vestal a building permit is $250 or 8 a square foot. The committee will review this. 4. Awarding Bid for Barlow Road Drainage Project. (RJJ) Mr. Jones said that the contractor said he could do the work for the amount he bid. Councilman Grubham noted that the contractor is also an employee of the Town and this should be handled very carefully to be sure he does everything above board without any assistance from the Town. The contractor has assured Mr. Jones that he will perform all the signage needed and he has the required insurance. Since the contractor has no employees, there is no prevailing wage requirement. It was noted that the contractor could do the job using vacation time or on weekends, but Supervisor Kniffen noted a concern with him doing the job on vacation time. Mr. Jones said that he does not want to inspect the job since the contractor is an employee, and suggested that Mr. Lake do the inspection. According to Mr. Jones, Mr. Harrington will not give the Town an easement so part B of the job will not be done. A resolution for to accept the bid for part A of the project only. 5. Clerk PT Increase hours from 15 hours per week to 19 ½ hours per week with benefits and amending the 2007 budget to account for the increased hours. (GEK) A budget transfer will be made from Tax Collector-Contractual, A to cover this. Resolution for Discussion Buyout Program for Highway Garage. (RJJ) Mr. Lake said that there is no grant to totally replace the highway garage, but the building is eligible for a buyout, and the property would have to be forever green; used for additional park and ride lot, park, etc. He said any additional cost would have to be 3

4 bonded for. It was noted that the Post Office building is not included on the same property, it is on the property with the State Police barracks. Mr. Jones added that with the end of the lease of the Post Office a lot of parking will be lost whether the highway garage is relocated or not; and that the property line is not defined on the Town Hall side of the highway garage. Supervisor Kniffen said that once an offer is received the Town can still refuse to accept it. 7. Town of Dickinson Leaf Loader. (GEK) Supervisor Kniffen said a leaf loader was donated to the Town of Kirkwood by the Town of Dickinson and a resolution of appreciation will be on the agenda. 8. Mobile Home Park License Renewal for 2007 Kirkwood MHC, LLC (Loughlin Road) (RBL) Although Mr. Lake said there have been some problems with the road in the park, Sam Borruso now recommends re-licensing for Resolution for Upper Court Street Businesses. (GEK) Supervisor Kniffen explained that the Town is trying to clean up Court Street. He said that Mike Maciak has been asked to head a group of business leaders to have them address the issue. Mr. Kline suggested that possibly the New York State Property Maintenance Law should be enforced. Mr. Lake will look at how many possible violations there are if it were to be enforced. Supervisor Kniffen noted that some kind of public acknowledgement might be in order to motivate businesses to fix up and maintain their properties. Mr. Kline also suggested that possibly a business district could be formed to improve the area. 10. Flood Damage Prevention Local Law. (HAK) According to Mr. Kline construction will be required to be at least 2 feet above the flood maps. Supervisor Kniffen noted that there currently is a situation in Kirkwood Gardens with Mr. Blazicek because his insurance company will not give him money since his building is above the current level. Mr. Lake said he assumes that once the Town adopts a local law it will take care of that. Resolution to schedule public hearing for Defibrillator Training. (GEK) Supervisor Kniffen reported that 21 Town employees completed defibrillator training today. The little league coaches and softball coaches will also be scheduled to train. He explained that one unit will be located in the town hall, one in the code building, and one in the highway garage. The unit in the highway garage will go over to Valley Park in the summer and there will also be units in Veterans River Park and Grange Hall Park in the summer. Procedures will be put in place to monitor the units. 4

5 12. Buyout Program. (GEK) Supervisor Kniffen reported that 24 properties had been submitted for the buyout program and yesterday official word was received that Kirkwood has been approved. Mr. Kline providedand reviewed a Summary Outline of Flood Buyout Program. He said that the buyout program is 100% funded by FEMA and SEMO and there is a total of $1,231,300 eligible funds. He did note that if a property owner receives flood insurance money or any other financial aid, it gets subtracted from the total amount they would have received. He is still researching whether the $1,231,300 is the total amount available or if the amount of financial aid given to property owners will be subtracted from that amount. He noted that there is also $25,313 in administrative money but he still has to check to see if that is in addition to or included in the $1,231,300. He explained that as noted previously, the property must be used for open space, ie parks, nature reserves, unimproved parking lots, a boat launch and permitted structures: public rest room, open sided public facility (pavilion), or any other structure approved by FEMA. Mr. Kline said according to the contract, the Town can only transfer property with FEMA consent or another public entity or conservation organization and future disaster assistance is prohibited. He reviewed what will be required for each purchase: An appraisal, and if the property owner is not satisfied, a second appraisal that the Town would be required to get; a survey, title search and the property owner has to sign a waiver to the Town regarding the fact that they understand that duplication of benefits would be deducted from the funds to be received. They have to acknowledge that acquisition is voluntary and have copies of receipts for repairs paid for by federal funds. Mr. Kline reviewed timelines. He said that appraisals would need to be complete by June 12 th and closing must be completed by June 30, By September 28, 2008 all demolition and site restoration must be complete. Every 2 years thereafter a report would be required to be made to SEMO that the property continues to be undeveloped. If the Town fails to do that, FEMA can take action. Mr. Kline also noted that a budget must be set up and he reviewed the items that must be included. A complete copy of this summary is on file in the Town Clerk s Ofice. Councilman Diffendorf noted that septic tanks and dug wells will have to be taken care of at additional expense. Resolution for authorizing Supervisor to sign contract. 5

6 13. Request from Doug Saunders to attend the PERMA Annual Member Conference to be held May 24-25, 2007 at the Sagamore Resort in Bolton Landing, NY, with all reasonable expenses paid (mileage, two paid days away from the office, meals.) (RBL) Resolution Asbestos. (RBL) Mr. Lake explained that there has always been a requirement that an asbestos free certificate be issued before a demolition permit can be issued. He said that it is not in the current Dept. of State law, but it is a Dept. of Labor Law and the Code Office does not enforce the Dept. of Labor Law. He questions what happens if this is challenged. After discussion of who should enforce this, it was decided to have Mr. Kline draft a local law. 15. Water Bill Forgiveness Local Law. (HAK) Mr. Jones explained that there are about 8 or 9 families that lost their houses in the June flood with basic $32.00 water bills and he would like the Board to consider forgiving the bills. He noted that most of them will not be going back to their homes. Mr. Kline said that a local law wil be required to amend the Rules Governing Water and Repair Bils. Resolution to schedule public hearing for SV Use of Parks Agreement. (HAK) Mr. Jones still working on this. Held to Audit of Claims. Resolution for Upper Court Street Reconstruction. Supervisor Kniffen reported that the Upper Court Street renovations have been delayed until He said that a meeting was held with Jack Williams, the Regional Director of NYSDOT. According to Tiger Gorick and Marchie Diffendorf, DOT will research the right of way issue near the Rocket Plaza area; if it is surplus property businesses could buy it back since there is a parking issue. The hump on Route 11 near Bell School is included in this project and since it is very dangerous it has been requested that this part of the project be moved up. Supervisor Kniffen explained that although the scope of the project has changed the flooding issue is still to be resolved and the sidewalks are still in the proposed project. He said that lighting is a question mark and the intersection of Barlow Road/Loughlin Road with Route 11 is not in the plan, but a left turn lane is being proposed onto Loughlin Road. It was noted that there is possible grant money for these projects. 6

7 19. Kirkwood Mobile Home Park Cleanup. Mr. Gorick said that his company will be back to clean up the area in a few weeks as soon as the ground dries out. 20. Flood Tax Relief. Supervisor Kniffen reported that legislation passed to allow municipalities to give tax relief to those that had over 50% flood damage. Mr. Kline added that the Assembly and Senate have passed the same bill but the Governor has yet to sign it. He said that the County has to opt in by May 1 st for people to be able to seek relief. He said that the County is looking for a resolution of support from municipalities but as yet there is no guarantee of funding by the state. According to Mr. Kline there is another bill which has been introduced which does address the funding aspect but it has not passed as yet. Mr. Kline noted that this would go back to a taxable status date of August 1, Mr. Kline stated that school districts would be held harmless, meaning they would not have to give back their state aid money. He said it is his understanding that there is no provision for a municipality to opt out, this is County wide. Supervisor Kniffen said that the impact to Kirkwood in regard to town, county and school taxes would be about $254,000. He said for town taxes alone it would be about $15,000. By a decision will be made as to whether or not to support the legislation. 21. Water Plant Spill. Mr. Lake reported that DEC has signed off from the spill site at the water plant. 7