TOWN OF PLATTSBURGH

TOWN BOARD MONTHLY MEETING

April 6, 2015

The meeting was called to order at 7:00 p.m. by the presiding officer at the Town Hall on the Banker Road.

MEMBERS: PRESENT ABSENT

Bernard C. Bassett, Supervisor x

Thomas E. Wood, Councilor x

Martin D. Mannix, Councilor x

Michael S. Cashman, Councilor x

Meg E. LeFevre, Councilor x

Rickey J. Collins, Town Clerk x

James J. Coffey, Town Attorney x

Resolution No.015-76 Approve Minutes of the Previous Meeting

RESOLVED, that the minutes of March 9, March 16 and March 23, 2015 be approved and the reading of the minutes be dispensed with.

Motion: Martin D. Mannix

Seconded by: Thomas E. Wood

Discussion:

Roll Call: Yes No Absent Carried Tabled

x

Thomas E. Wood x

Martin D. Mannix x

Michael S. Cashman x Meg E. LeFevre x

Bernard C. Bassett x

Attendees: Mark Constantine, Connor Gorman, Elaine Bertene, Kavita Singh, D. Blake, Dan Heath.

Resolution No. 015-77 Abstract 4A

RESOLVED, that the abstract of audited claims No.4A-15(419-546) for $560,525.86, Abstract 4AB-15 (99-120) prepays for the amount $582,255.97 be received as reviewed by the Audit Committee and the Supervisor is hereby authorized to pay said abstracts.

Motion: Michael S. Cashman

Seconded by: Thomas E. Wood

Discussion:

Roll Call: Yes No Absent Carried Tabled x

Thomas E. Wood x

Martin D. Mannix x

Michael S. Cashman x

Meg E. LeFevre x

Bernard C. Bassett x

Resolution No. 15-78 Request to Attend PERMA Conference


WHEREAS, the Town of Plattsburgh Accounting employee Nikki Martin is required to maintain professional training and development in administering the paperwork for the Town Worker’s Compensation needs; and,


WHEREAS, it is in the best interest of the Town to update knowledge, new regulations, and Insurance information regarding Workers Compensation, and Employee Workplace Health and Safety thru the Public Employer Risk Management Association (PERMA) ; and

WHEREAS, the Town is a long standing member of PERMA the conference will have no lodging or meal charges to attend; now, therefore be it


RESOLVED, that Nikki Martin, be allowed to attend the PERMA Conference held on May 21-22, 2015 in Bolton Landing, New York; and, it is further

RESOLVED, that a copy of this Resolution be given to the Finance Manager and a copy be placed in Ms. Martin’s personnel file.

Motion: Martin D. Mannix

Seconded by: Thomas E. Wood

Discussion:

Roll Call: Yes No Absent Carried Tabled

x

Thomas E. Wood x

Martin D. Mannix x

Michael S. Cashman x

Meg E. LeFevre x

Bernard C. Bassett x

Resolution No. 015-79 Request to Amend Resolution 15-62

Planning Conference Training

WHERAS; the Planning Department has previously received approval to attend the New York Planning Federation Conference and two members ( Sandy Latourelle and Anne Brandell) wished to attend one day sessions are no longer able to, and another member ( Terry Besaw) is now available and wishes to attend both days of training; now therefore be it

RESOLVED, that the original amounts for lodging, meals and registration be changed from $2,378.00 to $2,451.00 ( A difference for $73.00) and be charged to the Planning Department Budget, account number A-8020.4410.000; and be it further

RESOLVED, that a copy of this Resolution be given to the Finance Manager and Planning Department Head.

Motion: Meg E. LeFevre

Seconded by: Michael S. Cashman

Discussion: Yes

Roll Call: Yes No Absent Carried Tabled

x

Thomas E. Wood x

Martin D. Mannix x

Michael S. Cashman x Meg E. LeFevre x

Bernard C. Bassett x

Resolution No. 015-80 3% Site Plan Return Deposit for

Atkinson Scrap Metal Site Plan 2009

WHERAS; the Atkinson Scrap Metal Site Plan 2009 has on file with the Town of Plattsburgh, a 3% deposit for construction of their project in the original amount of $692.37 plus accrued interest; and

WHEREAS, the project was never completed and according to Town Zoning Ordinance Article VII Section 7.10 the project approval has expired; and

WHEREAS the joint Planning and Zoning Departments shared electronic filing system, IPS will indicated for the record that no certificate of occupancy shall be issued without further Planning Board action; now, therefore be it

RESOLVED, that the Supervisor is hereby authorized and directed to release the deposit in the amount of $692.37 plus accrued interest to date; and, it is further

RESOLVED, that a certified copy of this Resolution be forwarded, by the Planning Department Secretary, with the return of deposit to Robert and Diana Atkinson.

Motion: Martin D. Mannix

Seconded by: Thomas E. Wood

Discussion:

Roll Call: Yes No Absent Carried Tabled

x

Thomas E. Wood x

Martin D. Mannix x

Michael S. Cashman x Meg E. LeFevre x

Bernard C. Bassett x

Resolution No. 015-81 2015 Highway Road Striping Program
WHEREAS, the Town of Plattsburgh and Clinton County participate in shared services to save cost and duplication of services; and
WHEREAS, Highway Superintendent, Jim Woods, has recently been in contact with the Clinton County Highway Department Superintendent, Al Rascoe, regarding the highway striping program for the Town of Plattsburgh; and
WHEREAS, the Town of Plattsburgh has appropriated money in the 2015 Highway Budget for the 2015 Road Striping Program; and

WHEREAS, Mr. Jim Woods, Highway Superintendent, has submitted the 2015 Highway Road Striping Program (see attached listing) in the amount of $20,886.48; now, therefore be it

RESOLVED, that the Town Board does hereby authorize the Highway Superintendent to spend the 2015 budgeted funds from account DA-5110-4300-000 to execute the aforementioned 2015 Road Striping Program; and be it further

RESOLVED, that a copy of this Resolution be given the Highway Superintendent, Finance Manager and the Clinton County Highway Superintendent.

Motion: Michael S. Cashman

Seconded by: Thomas E. Wood

Discussion: Yes

Roll Call: Yes No Absent Carried Tabled

x

Thomas E. Wood x

Martin D. Mannix x

Michael S. Cashman x

Meg E. LeFevre x

Bernard C. Bassett x

Resolution NO. 15-82 Request to Purchase a Backhoe/Loader for

Building and Grounds Department

WHEREAS, it is necessary to maintain equipment for the continued maintenance and improvements within the Town of Plattsburgh; and

WHEREAS, Procedures for Purchase of Commodities, Equipment or Goods and Contract Values requires the Town to solicit price quotes for amounts in excess of $5,000.00 for services; and

WHEREAS, Art Brault has solicited prices and is requesting permission to buy the Backhoe/Loader from the Highway Department; and

WHEREAS, quotes have been received for the cost of a used Backhoe/Loader and the lowest found is $13,900.00 and the Highway Department is will to sell it to the Building and Grounds Department for $10,000.00; therefore, be it

RESOLVED, that the Town Board approve the purchase as recommended and that the Building and Grounds Superintendent is hereby authorized to make said purchase from the Highway Superintendent; and, be it further

RESOLVED, that payment be made payable from the 2015 Building and Grounds Budget Equipment & Capital Outlay Account # A-1620-2000.000 and that a copy of this Resolution be given to the Finance Manager .

Motion by: Meg E. LeFevre

Seconded by: Martin D. Mannix

Discussion: Yes

Roll Call: Yes No Absent Carried Tabled

x

Thomas E. Wood x

Martin D. Mannix x

Michael S. Cashman x

Meg E. LeFevre x

Bernard C. Bassett x

Resolution No.015-83 Value Payment Services Agreement for Credit Card

Payment for the Town Clerk’s Office

WHEREAS, residents of the Town of Plattsburgh, and others doing business at the Town Clerk’s office, have expressed a desire to pay their bills, license and permit fees, etc. using a credit card; and

WHEREAS, the use of credit cards offers a number of advantages over more traditional forms of payments allowing Town residents and others making payment with the Town Clerk to have more options than they currently have; and

WHEREAS, the Town Board has a desire to improve services including the processing of credit card and electronic checks for payments made at the Clerk’s Office: and

WHEREAS, the Town’s Clerk has recommended that the Town Board engage the use of Value Payment Systems services and recommends that the Town Board enter into an agreement with them; therefore, be it

RESOLVED, that after review and recommendation by the Town Attorney, the Town Supervisor is hereby authorized, on behalf of the Town of Plattsburgh, to execute the attached Value Payment Systems Agreement together with any and all documents necessary to complete the application process; and, it is further

RESOLVED, that a copy of this Resolution be given to the Planning Department, Codes and Zoning Department, Town Clerk and the Town Finance Manager.

Motion: Michael S. Cashman

Seconded by: Meg E. LeFevre

Discussion: Yes

Roll Call: Yes No Absent Carried Tabled

x

Thomas E. Wood x

Martin D. Mannix x

Michael S. Cashman x

Meg E. Lefevre x

Bernard C. Bassett x

Resolution No. 015-84 Authorization to Proceed With A Professional Services

Proposal for CDBG –Economic Development

Micro Enterprise Grant Program

WHEREAS, after due consideration, the Town of Plattsburgh Town Board has determined that is desirable and in the public interest to develop a well-researched process to identify and prioritize effective and efficient use of existing resources to promote economic development in a manner that will attract, create, and sustain employment opportunities; and

WHEREAS, small business is the heart of a community’s economic engine that provides needed services and resources while stimulating job creation; and

WHEREAS the Town has had prior success with the delivery of a Microenterprise Program through the Office for Community Renewal, OCR, that enabled the development or expansion of small business in the Town of Plattsburgh; and

WHEREAS, the Town’s consulting engineer, Laberge Group of 4 Computer Drive West, Albany, New York 12205 has had prior success with an OCR Grant for the Town and will implement the process, as expressed in the attached letter, to assist the Town in framing a new Microenterprise Program and prepare the necessary materials and application to OCR for a maximum grant amount of $200,000.00 for an amount not to exceed $8,000.00; therefore, be it

RESOLVED, that after review and recommendation by the Town Attorney, the Supervisor be given authorization to enter into an Agreement with Laberge Group to proceed with said proposal on behalf of the Town of Plattsburgh; and be it further

RESOLVED, that a copy of this Resolution is forwarded to the Laberge Group and the Finance Manager.

Motion: Meg E. LeFevre

Seconded by: Michael S. Cashman

Discussion:

Roll Call: Yes No Absent Carried Tabled

x

Thomas E. Wood x

Martin D. Mannix x

Michael S. Cashman x Meg E. LeFevre x

Bernard C. Bassett x

Resolution No. 015-85 (1) Federal Support to Address Transporting

Crude Oil in New York State

WHEREAS, some of the most volatile crude oil extracted is being transported along railroads bound for distribution from Albany and destined for East Coast ports and refineries; and

WHEREAS, more than 400,000 carloads of crude oil were transported in this country in 2013, compared to 9,500 carloads in 2008, and a substantial proportion of the most volatile crude oil is transported through New York State and adjacent to sensitive ecosystems; and

WHEREAS, Albany County has seen significant increases in crude oil transported into the Albany Port facilities and recently Albany County issued a moratorium on the expansion of the processing of crude at the Port of Albany due to concerns related to potential conditions detrimental to the public health and safety of the residents of Albany County associated with crude oil being shipped into and processed at Albany Port Global Partners petroleum facilities; and

WHEREAS, more than thirty, unit trains, each hauling upwards of 300,000 gallons of crude oil, travel weekly through communities along Lake Champlain, through sensitive environmental resources, through dense population centers, and adjacent to sewage treatment plants, residences, and businesses; and

WHEREAS, there have been tragic losses of lives and properties over the past few years as trains transporting Bakken crude have derailed, and these derailments are occurring with increasing and shocking frequency as more oil is moved by rail; and

WHEREAS, since December 2013, New York State has experienced a number of train derailments and it is only a matter of time before a county in the state experiences a derailment followed by a tragic explosion and/or a significant spill of oil; and

WHEREAS, crude oil from the Bakken shale deposits has been proven to be explosive and corrosive, and now crude from tar sands is also being transported which has different physical characteristics than Bakken crude but never-the-less are dangerous to human safety and the environment, thus making appropriate protection of public safety and environmental health, as well as spill response and remediation essential; and

WHEREAS, on January 28, 2014, New York State Governor Andrew Cuomo signed Executive Order 125 acknowledging that crude oil transportation by rail car and river vessels presents an unacceptable risk to communities in New York; and

WHEREAS, the National Transportation Safety Board reached the same conclusion and recommended major reforms to the rail oil transportation system; and

WHEREAS, both the DOT-111 cars and newer cars meeting the higher standard CPC-1232 present unacceptable dangers for which no community could adequately prepare, therefore, now be it

RESOLVED, that the Town of Plattsburgh Town Board recognizes that crude oil from the Bakken region and heavy crudes cannot be transported safely by rail without creating an immediate, significant risk for the residents and environment in our region; and, be it further

RESOLVED the Town Board urges both the federal Department of Transportation and the Department of Energy to work together to develop new regulations that require the stabilization of crude oil prior to shipment; and, be it further

RESOLVED, the Town of Plattsburgh urges the Federal Railroad Administration to effectively reduce the speed of trains transporting crude oil through our communities in New York State; and, be it further

RESOLVED, the Town Board urges Federal and State regulators to address known, unacceptable weaknesses of the DOT-111 and CPC-1232 railcars; and, be it further

RESOLVED, the Town Board urges United States Department of Transportation Secretary Anthony Foxx to immediately issue an emergency order banning the use of class DOT-111 cars for transporting crude oil under authority granted him by Title 49 of the United States Code, section 20104(a)(1); and, be it further