Text of Resolution To Be Considered On Monday, February 6

During the Feburary 6, 2012 Town Board Work Session, the following Resolution will be considered:

 

TOWN OF DICKINSON
RESOLUTION NO. ___-2012

RESOLUTION CALLING ON THE NEW YORK STATE DEPARTMENT OF LABOR TO WAIVE ASBESTOS REMOVAL FEES FOR STRUCTURES OBTAINED THROUGH THE FLOOD BUYOUT PROGRAM

WHEREAS, municipalities in Broome County and neighboring communities have been subject to significant financial hardships associated with recovery from damage sustained during the flooding event of September 2011; and

WHEREAS, the acquisition of several hundred flood damaged properties (buyout) through the Federal Emergency Management Agency’s Hazard Mitigation Grant Program are expected to comprise the majority of applications for federal funding appropriated for this disaster; and

WHEREAS, twenty-five percent of the total project cost associated with these buyouts must be provided by a non-federal source, costs that will be incurred by local municipalities or property owners; and

WHEREAS, the buyout process requires the removal of the flood damage structures for proper flood management and protection of public health and safety; and

WHEREAS, the cost of demolishing these properties is increased due to New York State Department of Labor fees related to asbestos removal totaling $4,000 per structure; and

WHEREAS, local municipalities recognize that New York State also is experiencing financial pressures resulting from damage sustained during both Hurricanes Irene and Tropical Storm Lee; and

WHEREAS, the waiver of asbestos removal fees would achieve minimal negative impacts on State revenues, while providing local governments with significant financial relief during recovery; and

WHEREAS, waving these fees would reduce the total project cost resulting in savings to local municipalities, allowing for the purchase and demolition of additional properties and the relocation of more people out of the floodplain and reducing the costs of future flooding events; and

WHEREAS, these fees are the result of an unanticipated disaster, and therefore waiving these fees would not negatively impact the states finances; and

WHEREAS, waiving these fees would represent a willingness by the state to assist local governments without financially impacting other parts of the State budget; and

WHEREAS, Article 30 of New York State Labor Law does not allow the Department of Labor to waive these fees:

NOW, THEREFORE BE IT RESOLVED, that the Town of Dickinson calls upon New York State to amend Article 30 of New York State Labor Law to allow the Department of Labor to waive fees associated with asbestos removal from structures being demolished as a result of flooding in areas subject to a Federally declared disaster.

 

TOWN OF DICKINSON

 

_____________________________

Michael Marinaccio
Town Supervisor

 

_____________________________

Danny Morabito
Councilmember

 

_____________________________

Thomas Burns
Councilmember

 

_____________________________

Sharon Exley
Councilmember

 

_____________________________

Steve Gardner
Councilmember

 

 

            I certify that the foregoing is a true and complete copy of the Resolution that was passed by the Dickinson Town Board at its duly convened meeting on February 13, 2012.

Dated: February 13, 2012

 

_____________________________

Wanda Broczkowski
Town Clerk

 

SEAL: