Village Board Minutes

May 7, 2008 (85)

A public hearing of the Village Board was held May 7, 2008 at 6:00 PM in the firehouse, 16 Saratoga Ave.

Mayor Winslow called the meeting to order and Gary Holmes led the Pledge of Allegiance.

Roll Call: Trustees Denno, Densmore & Lescault were present.  Trustee Enekes was excused.

Mayor Winslow opened the public hearing and read the public notice as published in the Post Star on May 1, 2008 re: proposed amendment to the 2006 CDBG grant.

Mayor Winslow asked Michael N’dolo, Camoin Associates, to give a description of the proposed amendment.  Mr. N’dolo proceeded to explain that the proposed amendment would add a “Slums and Blight Spot” activity to the current grant contract, which would allow the Village to use grant funds to assist with the clean up of the fire damaged sites on Main Street.  The amendment request states that the charred remains have a serious blighting effect on the downtown that the initial grant was meant to renovate and revitalize.  Terms for using grant monies to assist with the clean up are not finalized but would include a lien and mortgage on the properties equaling grant funds used.  It is possible the grant could be forgiven if the owners of the properties rebuild on the sites within a certain time period.  Proposed conditions would also allow the transfer of the liens to new property owners if the properties were sold resulting in the new owners also being required to rebuild or pay back the grant funds.

PUBLIC COMMENTS, QUESTIONS & CONCERNS

Village residents Jim Murray (Center St), Stan Hoffman (Main St), and Anne Normile (Hamilton Ave) voiced opposition to using the grant funds for the debris clean up and stated that the property owners should be responsible for paying for the removal.

Steve Denton (Main St) and Pete Gunning (Dorset Dr) stated they would prefer to see the grant money used to help the property owners rebuild, not to remove the debris.

Bob Hudak (Ash St) stated the Village should not be responsible for private property & asked if the Village sent a letter instructing the owners to clean up the site.  Mayor Winslow stated that a demand letter has not been sent, the Board has been attempting to work with the owners.  Mr. Hudak stated grant funds should not be used; the property owners should use their insurance money.

Sher Millis (Main St) asked about air testing for asbestos.  Mike Sawyer of CT Male stated that air testing would be done throughout the removal process, there is no reason to do air testing now, and results would be available to the public throughout the process.  Samples would also be taken when the removal is complete.

Florence Yannaci (W. Mechanic St) asked what the notification was from the Labor Department and what the lowest bid for removal was.  Mayor Winslow stated that Cleveland Brothers received an onsite visit from the DOL the day after the fire and the Village confirmed verbally with the DOL.  Michael N’dolo stated the low bids were $96,000 for removal of debris and $16,000 for demolition.  Ms. Yannaci stated the property owners should be held responsible for the clean up with their insurance, or the Village should pay for removal & bill the property owners. 

Donna Moors (Main St property owner) asked why the buildings had not been tested for asbestos.  Mike Sawyer explained that according to state regulations the buildings must be treated as assumed to have asbestos because of their age and the fact that the buildings have been demolished, testing is not possible due to the condition of the buildings.  Ms. Moors also asked if her building would be covered for potential damages from the act of removal.  Atty Auffredou stated the property owners will be contracting directly with the contractors with no Village involvement and she needs to address that concern with the property owners.

Joseph Duguay (Third St) questioned why Johnstown was able to clean up after their fire so quickly.  Mike Sawyer stated that there is a provision in the code rule that allows immediate removal of the materials as possible asbestos containing materials if the fire department is still actively involved in containment of the fire.

Lynn Walker (Oak St) stated that perhaps the fire should not have been put out immediately to take advantage of the code exception.  Chief Kelley stated he would not be willing to endanger anyone’s health or safety during a fire.

Mitch Saunders (Oak St) stated that he felt the property owners should disclose how much insurance money they will be getting to prove they are not making a profit & then if there is a need people would probably support using the grant funds.  Mr. Saunders also stated that if the property is a health hazard it should be condemned; he suggested the Village and Town pay for the clean up together and then seek repayment by the owners through tax liens.   Atty Auffredou stated that if the property is condemned a lien on the property would not necessarily cover the cost of the clean up and reimbursement by the County if the property was seized would depend on the value of the property.  Atty Auffredou stated that if the Town and Village shared the cost of the removal the taxpayers of the Town and Village would share the cost.  Condemnation would imply legal ownership and the Village would acquire responsibility for any asbestos issues.  Mayor Winslow pointed out that the insurance will not cover the cost of hazardous material removal, which is why the amount provided by the insurance company does not meet the expected cost.

John Yannaci (Main St business owner) stated the property should be condemned as a health threat, the smell is terrible.  Atty Auffredou stated only the Health Officer could make the determination of a health concern.

Dennis Morreale (Hamilton Ave) stated that the Village has done much to help the property owners, but has overlooked the rest of the community and now has a responsibility to the community to remove the debris.  Mr. Morreale asked the Board to use Village funds to clean up the property as a health hazard and recoup the money from the property owners.  Mr. Morreale also asked for a hand vote of the public present on whether grant money should be used and a hand count as to if Village funds should be used to clean up the debris immediately.  Mayor Winslow declined to have a hand count; all public comment is entered into the record of the minutes.

Dan Mills (Center St) asked if it was known how much the property owners have been paid by the insurance company; it is not known at this time.  Mr. Mills also asked if condemnation is the only legal way to allow the Village to clean up the property.  Atty Auffredou stated that the Village taking control of the property was the only way the Village could pay for the clean up.

Joel Duguay (Center St) asked if there would be a lien placed on the properties if the grant money is used.  Atty Auffredou stated that was correct.

Nina Roberts (Oak St) asked if the property owners were present; they were not.  Ms. Roberts also asked if the public comments affected the Board’s decision, Mayor Winslow stated the Board was listening to all comments.

Gary Randall (Main St) requested the Board not use grant funds for the clean up because it sets a bad precedent and asked why the Board didn’t use eminent domain to take the property.

Gene Perry (Angel Road) stated grant money would be better used to rebuild and asked if the fire department is keeping the debris wet and why they didn’t remove the debris to take advantage of the exception to the code rule.  Mike Sawyer stated the fire department is not allowed by the DOL to hose down the debris because they are not asbestos abatement contractors and that most fire departments are not aware of the exception to the code rule.

Sher Millis (Main St) stated Dr Pitkin has visited the fire site and that he would be submitting a report to the mayor.

With no further comment from the public, Mayor Winslow closed the public comment period.

Trustee Denno stated that the goal of the proposed amendment is to leave the property owners with more money to rebuild.  The proposed agreement places a lien on the properties requiring the owners to rebuild within 18 months or repay the grant money.  This lien would be transferable to any new owners requiring them to rebuild as well.  If the buildings are rebuilt within the time period, the grant loan would be forgiven.  If the Village paid for removal and property owners did not reimburse the village, legal costs would be incurred to collect the cost of removal.

At 7:05 PM, Mayor Winslow closed the public hearing.

Nicole M. Colson
Clerk

A regular meeting of the Village Board was held May 7, 2008 at 7:05 PM in the firehouse, 16 Saratoga Ave.

Motion by Trustee Lescault, seconded by Trustee Densmore approved minutes of regular meeting April 16, 2008, special meeting April 23, 2008 and emergency meeting April 28, 2008 as typed.
Carried – 3 – 0

Mayor Winslow stated in light of the public comments he was not comfortable voting on the proposed amendment to the 2006 CDBG grant.  Trustee Densmore abstained from the vote; the Board tabled action on the proposed amendment.

SPECIFIC REQUESTS

Michael N’dolo, Camoin Associates, explained the proposed uses of the HUD Revolving Loan Fund, which are consistent with the HUD national objectives.  The first proposal is to assist the property owners with the debris clean up.  The second is to fund the cash match required for the construction of the pavilion bathroom facility at the Jessup’s Landing Community Park.  The cash match required for the grant to construct the buildings at the park is $35,000; rather that take money from the general fund the HUD money could be used.  A public hearing would be held and then a public comment period would follow.

Motion by Trustee Denno, seconded by Trustee Lescault authorized publication in the Post Star of a public hearing to consider proposed amendments to the HUD Revolving Loan Fund to be held Wednesday May 21, 2008 at 6:00 PM in the firehouse.   
Carried – 3 – 0

Mayor Winslow stated the Village has applied for another $850,000 in grants and has sent a letter to the Office of Community renewal asking them to consider the applications.  Mayor Winslow thanked Michael N’dolo for his assistance in putting together a proposal to assist with the clean up downtown and the work he has put into assisting the Village with the downtown renewal efforts.

Steve Denton, EPCOR, appeared before the Board to ask permission to relocate the boater safety markings put out by EPCOR.  The new location will be on Village property behind the Emergency Squad building, which will allow for an earlier warning for boaters approaching the dam.  The Board agreed to the change in location.

DEPARTMENT REPORTS

CLERK – Clerk Colson was present, report for 5/7/08 read and filed.

The Board approved a request by Head Start to use Pagenstecher Park for a picnic on June 10 from 3:30 – 7:30 PM.  Jim Murray has agreed to donate his time as park attendant.  The Board also approved the request of the organizers of the 5K race on July 5 to have the bathrooms open at 8:00 AM.  Supt Lozier will arrange for the attendant to be on duty early.

Supt Lozier stated he is not interested in participating in the County summer work program, the students are limited in what tasks they can accomplish and the program has not been productive in the past.

Clerk Colson informed the Board the Joseph Mastrianni Inc has submitted the 1099 list of Section 8 payments for 2007 and a copy of their independent audit for filing at the Village Hall.

TREASURER – Treas Fuller was present, report for 5/7/08 read & filed.

Motion by Trustee Densmore, seconded by Trustee Denno approved payment of abstract #24: Payroll $27,761.09; General $169,090.22; Water $17,433.47; Sewer $21,477.43; Community Development $44,041.96.
Carried – 3 – 0

Resolution #133 approved budget transfers.

Resolution #134 approved mayoral signature on sponsor authorization for the Fire Department’s service award program.

Resolution #135 approved mayoral signature on audit assistance directive to Penflex, $495 per year.

Resolution #136 approved payment to Dell for server for firehouse and Emergency Management in the amount of $1,971.49 and bill the Town of Corinth for half the amount.

FIRE DEPARTMENT – Chief Kelley was present, report for April read & filed.

The department has applied to EPCOR for a grant to cover the cost of the server.

The grant from Senator Farley’s office is being used; one piece of equipment is in already.

The fire trucks will be ready for the Memorial Day parade on May 30 at 6:00 PM.

DPW/WATER/WWTP – Supt Lozier & Asst Supt Holmes were present, report for April read & filed.

Supt Lozier stated Pagenstecher Park will be open by May 17.

A starter unit on one of the pumps at the well house broke down, a variable speed drive was determined to be the most cost-effective and energy efficient replacement.  A pump was purchased as an emergency expense.  Supt Lozier would like to replace the other pump in the next few years.

The DEC has approved the plans for the disinfection of wastewater effluent.  Mayor Winslow stated that this project is a $50,000 expense due to the DPW completing the labor themselves.  Mayor Winslow thanked the DPW for taking on the responsibility of the labor.  Senator Farley and Assemblywoman Sayward have each granted the Village $25,000 to cover the cost of the project.

Supt Lozier distributed park attendant applications to the Board for their review.  An attendant is also needed for weekends; Supt Lozier will speak to the former park attendants to see if any are interested.

Motion by Trustee Lescault, seconded by Trustee Denno approved publication in the Pennysaver of an ad for weekend park attendant to work Sat. and Sunday 11 AM – 7 PM.
Carried – 3 – 0

Trustee Densmore asked Supt Lozier to consider attending a water & sewer infrastructure meeting on May 14, 2008.

BUILDING INSPECTOR – Insp Jacon was excused, report for 4/17/08 – 5/7/08 read & filed.

ATTORNEY – Atty Auffredou was present, report for 5/7/08 read & filed.

The Zoning Board is reviewing the sign law and will be submitting their proposed revisions to the Board in June.

Preliminary recommendations on code revisions will be submitted next meeting.

At 7:30 PM the Board adjourned for purposes of seeking legal advice on a particular matter under the attorney client privilege in CPLR 4503.

At 8:05 PM the Board reconvened.

OLD BUSINESS

Proposed loitering law was tabled.

GWUDI determination is pending.

West Mt Reservoir project is pending.

Motion by Trustee Lescault, seconded by Trustee Denno approved publication in the Pennysaver, Post Star and Saratogian of a notice of vacancy of the Treasurer position.
Carried – 3 – 0

Resolution #137 approved mayoral signature on a contract with North Country Forestry for evaluating the Reservoir Property for timbering with a fee of 10% of the total contract price of the potential harvesting.

NEW BUSINESS

The Board discussed having a village code relating to timely removal of garbage containers from Village streets to prevent containers being left out for days at a time.  The Board instructed Atty Auffredou to draft a law for their review.

Resolution #138 approved mayoral execution of 2008/2009 water contracts with the Town of Corinth and Lake Luzerne.

Resolution #139 approved CT Male’s proposed fee schedule for GWUDI alternative engineering not to exceed $11,140.

Motion by Trustee Denno, seconded by Trustee Lescault approved mayoral signature on a letter to downtown property owner Donna Moors for her insurance company.
Carried – 3 – 0

The Village has received a letter from the DEC that recyclable collection must continue.  The Board decided to send the contract out for bidding again and in the meantime accept proposals for recyclable collection for the months of June, July and August.  Clerk Colson will contact companies that bid on the contract about proposals.

Motion by Trustee Denno, seconded by Trustee Densmore approved publication in the Post Star of notice of public hearing re: the Section 8 agency plan for Wednesday July 2, 2008 at 6:00 PM in the firehouse.
Carried – 3 – 0

PUBLIC COMMENTS, QUESTIONS & CONCERNS

Florence Yannaci asked if there was going to be a minimum education requirement to apply for the treasurer position.  Trustee Denno said there would be a requirement.  Ms. Yannaci also asked when the DPW would be painting crosswalks.  Supt Lozier stated it would be done when school was no longer in session.  The Board discussed numerous ways to make crosswalks more noticeable and encourage people to stop for pedestrians including increased Sheriff enforcement of the law.

John Yannaci expressed dissatisfaction with the delay of the vote on the grant amendment, which would in turn delay the process of the clean up until well after Memorial Day.

Dennis Morreale suggested the Board ask Dr Pitkin for a written report on the health hazards of the debris and send a letter to the owners demanding it be removed.

Stan Hoffman questioned what else could be done about the property next door to him since Dr Pitkin did not find any health violations on the property.  Atty Auffredou stated he would discuss further actions with Insp Jacon.  Mr. Hoffman also stated the Board has an obligation to vote against using the grant funds for clean up because of overwhelming public opinion against it.

John Collura asked why the Board was considering using public funds for private property.  Mayor Winslow stated it was covered during the public hearing and a vote was not being taken tonight.

BOARD COMMENTS, QUESTIONS & CONCERNS

The Board announced a special meeting Wednesday May 14, 2008 at 6:00 PM at the firehouse to discuss the Main St fire debris removal.  Mayor Winslow asked Atty Auffredou to submit legal options at that time for the Board’s consideration.

Motion by Trustee Lescault, seconded by Trustee Densmore that Board adjourn, 8:45 PM.
Carried – 3 – 0

Nicole M. Colson
Clerk