VILLAGE OF CHAMPLAIN
BOARD MEETING MINUTES
DECEMBER 12, 2011
A regular meeting of the Board of Trustees of the Village of Champlain was held on Monday, December 12, 2011, at the Village Office, 1104 Route 9, Champlain, New York. Present were Mayor Martin, Trustees Gurzenda, Thomas Trombley, and Kim Trombley, Clerk/Treasurer Munoz, Deputy Clerk Barcomb, Superintendent Sorrell, Codes Officer Tetreault, Kevin Triller and Audrey Tedford. Trustee Gehrig arrived late this evening.
Mayor Martin called the meeting to order at 6:30 p.m. A motion was made by Trustee Kim Trombley and seconded by Trustee Thomas Trombley to approve the minutes of the October 3, 2011, special Board Meeting as presented. All Board Members present voted aye, motion carried. Trustee Gurzenda abstained from voting. There were not enough Board Members in attendance to approve the minutes from the November 14, 2011, Board Meeting; therefore, these were tabled until the next Board Meeting.
Public Comment
Kevin Triller stated trucks are still blocking Elm Street when they are parked at the Kimpex building. Mayor Martin said he was told by Howard Lamberton (manager) that we should call the state police when this happens. Mr. Triller asked if there was any action the Village could take, such as putting up jersey barriers which would prevent them from parking across the road. Mayor Martin said the Village has put up signs, but we may have to get the legal authorities involved, as the Village cannot stop them, and Mr. Lamberton cannot stop them. He also said there are six other loading docks at the building that are farther back from the road, which would alleviate the problem. Superintendent Sorrell commented the Village does not allow through traffic; however, we cannot stop drivers from making their deliveries. The only way to accomplish this is to pass a resolution or change the Village law. Mayor Martin said even if we had a law, it would be hard to enforce it. Mr. Triller wondered what other municipalities do that have this problem. Superintendent Sorrell said he has seen trucks blocking the lane in the City of Plattsburgh when they are making deliveries. Trustee Gurzenda said it should be the driver’s responsibility to not block the road, and Superintendent Sorrell said he has told the drivers not to block the road. There was some discussion regarding the State Police catching the driver while they are blocking the road. It was also mentioned that we should contact Soucy USA, the owner of the building, for their assistance.
Trustee Gehrig arrived at the Board Meeting. A motion was made by Trustee Gehrig and seconded by Trustee Gurzenda to approve the minutes of the November 14, 2011, Board Meeting as presented. All Board Members present voted aye, motion carried. Trustees Thomas Trombley and Kim Trombley abstained from voting.
Report From Codes Officer Tetreault
1. He said the building at 93 Church Street has partially collapsed, and he feels this has become an emergency situation. The engineers have the same opinion after the second inspection of the building. The Board is planning to take action on this situation tonight, and he will follow up after that. He commented the owner is not financially able to take care of the demolition costs. Mayor Martin said the owner has seen the building and is dismayed with the condition, as he had plans for the building. Mr. Tetreault said some work had been done, but it stopped some time ago and has been sitting idle ever since. It has historic value; however, rebuilding is cost-prohibitive.
Report From Mayor Martin
1. The following is transcribed from Mayor Martin’s notes regarding 93 Church Street:
On Thursday, November 24, 2011, I received notice of a partial building collapse at
93 Church Street. The Fire Department closed the parking lot for the apartment building on the north side of the affected building, and the Village erected a barrier to limit traffic close to 93 Church Street. NYSEG was called to remove electric and gas hookups. On Friday, November 25, 2011, I called Earth Science Engineering asking them to conduct an evaluation survey of the building. An inspection was completed on Tuesday, November 29, 2011, with results received on Wednesday, November 30, 2011.
I spoke with the property owner, Jason O’Connell, on Tuesday and explained the condition of the building and set up a meeting with him for Saturday, December 3, 2011. Mr. O’Connell, myself, and two local contractors attended the meeting. Discussion between Mr. O’Connell and the contractors ensued with the contractors contacting Mr. O’Connell the next week with their price for taking the building down and removing the debris. Mr. O’Connell felt the cost was out of his financial picture; however, conversations with all parties will continue.
This process is time-consuming, especially in regards to this situation, but there are procedures we must follow in this case. In conversations with the Village Attorney, we have formulated a plan of action with resolutions to be discussed tonight under New Business. I believe, as a last resort, the Village will have to have the building demolished and removed, with the cost of this to be relevied on the property owner’s taxes for 2012. Our County Legislator, Harry McManus, is helping to guide us at the County level, as well as with other issues pertaining to this situation.
It is imperative that this be a controlled demolition to protect the safety of those residents nearby. I have been in contact with Mr. & Mrs. Castine as well as Mr. Landry, who owns the apartment building, informing them that all steps will be taken to protect their properties from any damage. Demolition and removal of debris will occur at 93 Church Street as soon as practically possible, hopefully to the satisfaction of all involved.
Some discussion followed.
2. Our first, and hopefully annual, tree lighting ceremony was held on Saturday, December 9, 2011. The caroling was fun, the refreshments were wonderful, and a good time was had by all. There were a large number of people attending with a surprise visit from Santa. He thanked the generous sponsors who helped make this event possible, including Valero’s, Ace Hardware, Dunkin’ Donuts, and Stewart’s in Rouses Point. He especially thanked Janalee and John Cummings for organizing the event and providing the great music which was enjoyed by all. Hopefully, this will be an annual event to be enjoyed by all the Village residents and those in the surrounding area.
3. He reminded everyone of the Village parking ban which is in effect from November 1st through April 1st from 2 a.m. to 6 a.m. each day. This allows the Village crew to safely plow the streets.
4. He wished everyone a safe and happy holiday season, and to be kind to our neighbors who are less fortunate then ourselves during this time of giving.
Report From Trustee Kim Trombley
1. She congratulated Jim Ondras on receiving his water certification.
2. She thanked Mayor Martin for all his time spent during Thanksgiving with the situation at 93 Church Street. She said the Board appreciates all his time and effort.
Report From Trustee Gurzenda
Trustee Gurzenda had nothing to report this evening.
Report From Trustee Thomas Trombley
1. On behalf of the Board, he thanked Mayor Martin for the time spent working on the issue at 93 Church Street.
Report From Trustee Gehrig
1. She thanked everyone involved with the tree lighting ceremony. She said it was nice to see everyone at the park, and there has been a lot of positive feedback. She said there should be no issue with continuing this next year.
2. The Holiday Decorating Contest judging will be done between December 18th and December 23rd. She advised everyone to have their lights on during that time.
3. She said the K of C will have caroling and rides on December 22, 2011, beginning at 7 p.m. They usually stop in front of various homes to sing, and many times people bring out “goodies” to the carolers.
4. She said many of us are blessed with so many things, and she wished everyone and their families a blessed Christmas.
Report From Clerk/Treasurer Munoz
1. She said the Board had been copied with the Revenues/Expenditures Report for November.
2. She said the front end loader has been paid off, and the snow plow will be paid off during the last week of December.
3. She said the Board had been copied with a purchase requisition to replace the oil pan on the 2000 International truck. Superintendent Sorrell said two quotes were received. The first was from Champlain Peterbilt for $1,158.99, and the second was from MA Jerry for $2,885.61. He said the crew cannot do this work as the cross members have to be dropped to replace the oil pan. A motion was made by Trustee Thomas Trombley and seconded by Trustee Kim Trombley to replace the oil pan in the 2000 International truck at a cost of $1,158.99 by Champlain Peterbilt. Roll call vote as follows:
Trustee Kim Trombley Aye
Trustee Gurzenda Aye
Trustee Thomas Trombley Aye
Trustee Gehrig Aye
Mayor Martin Aye
Motion carried.
4. She said the following transfers need to be approved. These were mostly due to the State assessment on Worker’s Compensation, which when up by 11.6%.
| FROM | A8510.4 | Community Beautification | $1,182.00 | |
| TO: | A866.4 | Property Maintenance | $75.00 | |
| A9010.8 | State Retirement | $69.00 | ||
| A9040.8 | Worker's Compensation | $1,038.00 | ||
| $1,182.00 | ||||
| FROM | F1440.1 | Engineer Personal Services | $416.00 | |
| TO: | F9040.8 | Workers Compensation | $416.00 | |
| FROM: | G1440.1 | Engineer Personal Services | $624.00 | |
| TO: | G9040.8 | Worker's Compensaton | $623.00 | |
| G9710.6 | Serial Bonds - Principal | $1.00 | ||
| $624.00 | ||||
A motion was made by Trustee Thomas Trombley and seconded by Trustee Kim Trombley to approve the transfers as presented. Roll call vote as follows:
Trustee Kim Trombley Aye
Trustee Gurzenda Aye
Trustee Thomas Trombley Aye
Trustee Gehrig Aye
Mayor Martin Aye
Motion carried.
Presentation Of Warrant And Payment
1. Clerk/Treasurer Munoz said there were two invoices to add to the warrant as follows:
a. Petty cash—G8110.4--$3.21
b. E.J. Prescott—F8310.2--$586.52 (bands)
2. Mayor Martin said we received an invoice from Earth Science Engineering for the inspection of the building at 93 Church Street in the amount of $1,000, which he felt was excessive. He said they listed it as an emergency; however, he called them on Saturday and they did not inspect the building until Tuesday. He called Doug Ferris and questioned the charge. Mr. Ferris told him it was because of the expressiveness of the report, and in case the home owner took them to court over their decision. Mayor Martin said the report more pointedly expresses the danger, but he felt the charge was excessive. He said he told Mr. Ferris he would ask for the Board’s input. After a lengthy discussion, this invoice was tabled until January to give Mayor Martin time to re-negotiate the charge with Mr. Ferris.
A motion was made by Trustee Thomas Trombley and seconded by Trustee Gehrig to approve Warrant #7 for Voucher #184 through #215 from the General, Water, and Sewer accounts in the amount of $78,382.35, including the two additional invoices. Roll call vote as follows:
Trustee Kim Trombley Aye
Trustee Gurzenda Aye
Trustee Thomas Trombley Aye
Trustee Gehrig Aye
Mayor Martin Aye
Motion carried.
Report From Superintendent Sorrell
1. He said the Board had been copied with his report for November.
2. He said there had been two water main breaks that were repaired; therefore, more bands had to be ordered.
3. The crew has been reading water meters and repairing those that are broke when they find them.
4. Sludge from the wastewater treatment plant has been removed.
5. Trustee Gehrig asked if an appointment had been made for the oil pan to be replaced, and Superintendent Sorrell said he was waiting for approval. He said the truck also needs to be inspected.
6. Mayor Martin informed the Board that a number of water/sewer bills are past due, and asked for the Board’s input how to handle this situation. Some discussion followed. Superintendent Sorrell said he would attempt to call the tenants/property owners reminding them about their past due accounts.
Correspondence
- Letter to George Rivers, with carbon copy to Larry Barcomb, regarding Codes Enforcement Officer’s salary.
- Correspondence from Young/Sommer LLC regarding proposed modification to existing communications tower.
- Correspondence from Champlain Peterbilt regarding annual holiday fundraiser.
- Correspondence from Earth Science Engineering regarding current status of partially collapsed building at 93 Church Street.
5. Correspondence from New England Waste Service regarding increased landfill fees.
6. Correspondence from Computel Consultants regarding underpaid franchise ees.
7. Cost of Joint Youth Program for 2011.
8. Correspondence from Clinton County Health Department regarding Tony Filion’s trailer park.
Trustee Gehrig asked Codes Officer Tetreault about Correspondence #8 and if trailers could be brought back in if they are removed for more than one year. Mr. Tetreault said it depends how it is zoned. Some discussion followed regarding the definition of a trailer park.
Old Business
1. GSA meter—Mayor Martin asked about the status of the truck inspection station, and Mr. Tetreault said the engineers were coming at the end of the month to review. He said another letter was being sent to GSA about looping the water line.
2. Trustee Gehrig asked about the bridge over the thruway and the roundabout. Mr. Tetreault said the State plans to move it more south so it will not impact Valero’s as much as originally planned.
New Business
1. Mayor Martin said Legislator McManus asked that we make a motion requesting the County address issues relative to the Elm Street Bridge. The bridge has lead paint, and the County needs to pay attention to updating and repair of the bridge. He said a motion by the Village should help push this extensive endeavor along. He said there are sewer and gas lines under the bridge as well. A motion was made by Trustee Thomas Trombley and seconded by Trustee Gurzenda requesting Clinton County expedite their attention to the updating/repair of the Elm Street Bridge. Some discussion followed. All Board Members present voted aye, motion carried.
2. Mayor Martin said there are three resolutions that need to be approved relative to the structure located at 93 Church Street as follows, and he proceeded to read each one.
RESOLUTION
DECLARING BUILDING UNSAFE AND
IN VIOLATION OF VILLAGE CODE
December 12, 2011 Board Meeting
WHEREAS, the property located at 93 Church Street, Champlain, New York, with Tax Map No. 18.15-6-6, is in violation of § 60-9 "Unsafe Building and Structures" of Chapter 60 of the Code of the Village of Champlain, and the structure upon said premises has collapsed, and
WHEREAS, the owner or person with interest of record is Jason O'Connell, 8 Des Lotus Rue, Blainville, Quebec, Canada J1C 5V2; now therefore,
BE IT RESOLVED, that the Village of Champlain Board of Trustees, at their regular meeting held on Monday, December 12, 2011, hereby approves the commencement and the continuation of the process, including, but not limited to, the forwarding of the required Notice of Unsafe Building or Structure to the required owner or person with interest, and all required legal action thereafter regarding the enforcement of the provisions of the Village Code for this property known as 93 Church Street, Champlain, New York, and that said owner be required to comply with the provisions of said Village Code and to immediately remove said building structure may be required, and the Village Attorney is hereby authorized to proceed with all required legal proceedings to enforce compliance with the Village Code, with the motion being made by Trustee Gehrig and seconded by Trustee Thomas Trombley. Roll call vote as follows:
Trustee Kim Trombley Aye
Trustee Gurzenda Aye
Trustee Thomas Trombley Aye
Trustee Gehrig Aye
Mayor Martin Aye
Motion carried.
RESOLUTION
WAIVER AUTHORIZATION
December 12, 2011 Board Meeting
WHEREAS, the property located at 93 Church Street, Champlain, New york, with Tax Map No. 18.15-6-6, is in violation of Section 60-9 “Unsafe Building and Structures” of Chapter 60 of the Code of the Village of Champlain, and the structure upon said premises has collapsed, and
WHEREAS, the owner or person with interest of record is Jason O’Connell, 8 Des Lotus Rue, Blainville, Quebec, Canada J1C 5V2; now therefore,
BE IT RESOLVED, this resolution authorizes the Village of Champlain attorney to issue a waiver to Jason O’Connell who is the property owner of 93 Church Street, Champlain, New York. This will release the liability of time involved and waive the timeframe of all notices and hearing requirements and will allow the Village of Champlain to remove the structure that is presently collapsing at 93 Church Street.
A motion was made by Trustee Kim Trombley and seconded by Trustee Thomas Gurzenda approving the resolution as presented. Roll call vote as follows:
Trustee Kim Trombley Aye
Trustee Thomas Gurzenda Aye
Trustee Thomas Trombley Aye
Trustee Amy Gehrig Aye
Mayor Gregory Martin Aye
Motion carried.
RESOLUTION
EMERGENCY DEMOLITION
December 12, 2011 Board Meeting
WHEREAS, the property located at 93 Church Street, Champlain, New York, with Tax Map No. 18.15-6-6, is in violation of Section 60-9 “Unsafe Building and Structures” of Chapter 60 of the Code of the Village of Champlain, and the structure upon said premises has collapsed, and
WHEREAS, the owner or person with interest of record is Jason O’Connell, 8 Des Lotus Rue, Blainville, Quebec, Canada J1C 5V2; now therefore,
BE IT RESOLVED, this resolution authorizes the Village of Champlain to demolish the structure located at 93 Church Street, as this structure is in eminent danger of collapsing, which could possibly lead to property damage and harm to the neighboring properties. This will take effect if the property owner, Jason O’Connell, refuses to sign the waiver authorizing the release of the liability of time involved relative to all notices and hearing requirements relative to the removal of this structure. Emergency removal of the structure is pursuant to Chapter 60 of the Code of the Village of Champlain. A motion was made by Trustee Kim Trombley and seconded by Trustee Gurzenda approving the resolution as presented. Roll call vote as follows:
Trustee Kim Trombley Aye
Trustee Gurzenda Aye
Trustee Thomas Trombley Aye
Trustee Gehrig Aye
Mayor Martin Aye
Motion carried.
Trustee Gehrig mentioned that Correspondence #7 listed social security numbers of Your Bureau employees. These should not have been listed and this correspondence should be shredded.
Adjournment
There being no further business to come before the Board this evening, a motion was made by Trustee Gehrig and seconded by Trustee Thomas Trombley to adjourn the meeting at 7:34 p.m. All Board Members presented voted aye, motion carried.
Donna Barcomb
Deputy Clerk