Albion Water Bond Grows to $11,418,500 as Trustees Move to Sue Over PFAS Contamination
At a March 25, 2024 workshop meeting, the Albion Village Board of Trustees adopted a supplemental bond resolution adding $3,563,441 to its water system capital improvement project, raising its estimated maximum cost to $11,418,500, and voted twice in the same session to retain outside counsel to sue over soil and water contamination tied to PFAS.
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▶Key Actions & Decisions
●• Adopted Bond Resolution BR 2024-4, authorizing $3,563,441 in additional serial bonds and bond anticipation notes for water system capital improvements, raising the project's estimated maximum cost to $11,418,500 from the $7,855,059 authorized under the 2021 original bond resolution. Carried by roll call (Joyce Riley, deputy mayor; David Buczek, trustee; and Timothy McMurray, trustee, aye; Angel Javier Jr, mayor, and Chris Barry, trustee, absent); subject to a permissive referendum.
●• Voted to retain the Law Office of Robert King, PLLC and Stage Liuzza, L.L.C. (through attorney Michael Stag, LLC) to pursue civil litigation over soil and water contamination regarding PFAS. Carried. The board adjourned at 4:58 p.m., then reopened at 5:01 p.m. after John Gavenda, attorney, arrived, and passed the identical retention again, this time contingent on no other entity being involved with the Village in the matter or already retained by the Village. Carried.
●• Voted to end the village's crossing-guard service for the Albion Central School District after the 2023-2024 school year, with services ending in June 2024, and directed Gavenda to notify the district. Carried.
●• Approved a budget adjustment increasing line A0.1640.0203 (Equipment) by $7850.00 for a 2024 trailer. Carried.
●• Timothy McMurray, trustee, gave an update on cameras planned for the DPW and Bullard Park; the minutes record no further detail.
At a workshop meeting held March 25, 2024, at Village Hall, 35 East Bank Street, the Albion Village Board of Trustees adopted a supplemental bond resolution adding $3,563,441 to the village's water system capital improvement project, which now carries an estimated maximum cost of $11,418,500. The original 2021 bond resolution had authorized up to $7,855,059 for the project, which covers work at the water treatment plant, the water storage tank and the transmission system — including filtration and clarification system upgrades, a new clearwell, sludge thickening improvements, and other work. According to the minutes, actual project costs proved higher than the maximum originally estimated. The resolution states the project remains a "type II" action under the State Environmental Quality Review Act, not subject to further environmental review, and sets a probable-usefulness period of 40 years for the bonds. Timothy McMurray, trustee, presented the resolution and moved its adoption; David Buczek, trustee, seconded. It carried by roll call, with Joyce Riley, deputy mayor, joining Buczek and McMurray in voting aye; Angel Javier Jr, mayor, and Chris Barry, trustee, were absent. The measure is subject to a permissive referendum of village voters.
The same meeting produced two votes, hours apart, on the same question: whether to retain outside counsel to sue over soil and water contamination tied to PFAS. Early in the 4:30 p.m. session, Buczek moved — with McMurray seconding — to let the deputy mayor or mayor sign a contract with the Law Office of Robert King, PLLC and Stage Liuzza, L.L.C., through attorney Michael Stag, LLC, to pursue that litigation. It carried, with Riley, Buczek and McMurray voting aye. The board adjourned at 4:58 p.m. John Gavenda, attorney, arrived two minutes later, and at 5:01 p.m. the board reopened the meeting. McMurray then moved the identical retention a second time, seconded by Buczek — this version contingent on no other entity being involved with the Village in the matter, or already retained by the Village. It carried the same way.
Trustees also voted to end the village's crossing-guard service for the Albion Central School District after the 2023-2024 school year, with services ending in June 2024. McMurray moved the measure, Buczek seconded, and the board directed Gavenda to notify the school district of the change.
The board approved a budget adjustment increasing line A0.1640.0203, Equipment, by $7850.00 for a 2024 trailer, and heard a brief update from McMurray on cameras planned for the DPW and Bullard Park; the minutes record no further detail. The meeting was adjourned a final time at 5:12 p.m., with Tracy A. VanSkiver, clerk-treasurer, recording the session.
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Coverage of the Board of Trustees meeting on 2024-03-25,
Village of Albion, NY.
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Related Board of Trustees Meetings
Village and Two Towns Set Zero-Rent Terms, April Hearing on Albion Joint Fire District
●• Village of Albion trustees, the Town of Albion town board, and the Town of Gaines town board convened jointly at the Gaines town hall; the meeting was called to order by Douglas Heath, attorney, rather than by an elected official.
●• Joyce Riley, deputy mayor, spoke on the recommended lease terms for the rental portion of a draft proposal to establish the Albion Joint Fire District.
●• The boards approved the proposed agreement with a modification setting the lease at zero rent for five years, with the Albion Fire District carrying all operational costs of the building (carried, roll call).
●• The boards gave notice to schedule a public hearing for April 24, 2024, at 6 p.m. at Albion High School's LGI (Large Group Instruction) room, for the Town of Albion, Town of Gaines, and Village of Albion to consider forming an Albion Fire District.
●• Absent from the vote were Chris Barry and Tim McMurray, trustees (Village of Albion); Terry B. Wilbert, councilperson (Town of Albion); and Mary Neilans, councilperson (Town of Gaines).
Albion Mayor Casts Lone Objection as Trustees Override Tax Levy Cap, Advance 60% Water Rate Hike
●• Trustees adopted Local Law 1-2024, overriding the tax levy limit under General Municipal Law §3-c, 3-2 (Nay: Angel Javier Jr, Mayor; Chris Barry, Trustee. Aye: Joyce Riley, Deputy Mayor; David Buczek, Trustee; Tim McMurray, Trustee). Residents Jeff Holler and Karen Conn spoke at the hearing on the tax cap override and its effect on the housing market.
●• Trustees voted to present water and sewer rate increases at an April 10 public hearing: 60% increase to the residential water base charge, 15% increase to the residential water volumetric charge, 10% increase to the towns/correctional volumetric water charge, and 7% increases to residential and correctional sewer volumetric charges (Nay: Javier; Abstained: Barry; Aye: Riley, Buczek, McMurray).
●• Board scheduled two public hearings for April 10, 2024 at 6 p.m. at Village Hall: one on the tentative 2024-2025 budget, one on the proposed water/sewer rate increases; the minutes record Barry as not witnessing the vote that scheduled the rate hearing.
●• Board adopted Resolution 2024-13, putting the state's LGS-1 records retention schedule into effect, on a unanimous roll call.
●• Board voted to send unpaid property maintenance bills to Orleans County for relevy onto the 2024-2025 village taxes.
●• Board approved payment of village bills, Vouchers #45615-45713: $77,140.04 general, $11,138.82 water, $23,278.15 sewer; also approved the February 2024 treasurer's report.
●• Board approved four cemetery deeds (Carolyn E. Dunbar, Pauline Jurs, Roxanne Rhoades, Julie M. Powell) and authorized the mayor to sign a contract with the Orleans County Health Department and the Village Treatment Plant for a water testing fee increase.
●• Board voted 4-1 (Nay: Riley) to let the Water Treatment Plant hire a WTP Trainee at the union rate for a 78-week probationary period, funded from contingency and tentative-budget funds.
●• Board tabled a Niagara Mohawk easement request for village property on Densmore Street, a Town of Carlton water agreement, a Crown Castle lease, and a 121 N Main St lease-rate review with Darlene Benton until April 10, 2024, and a cannabis code review until April 25, 2024.
●• Board approved GOMAC's use of Bullard Park for a mental health walk/health fair on May 24, 2024, an ACS student internship in the Village Clerk's office from April 9 to June 6, and moved the workshop meeting from April 23 to April 25, 2024.
●• Board held executive sessions for contract negotiations (5:00-5:45 p.m.) and personnel matters (7:17-7:37 p.m.).
●• Resolution 2024-09, moved by Trustee Timothy McMurray and seconded by Deputy Mayor Joyce Riley, calls the County Legislature's removal of village property from the tax rolls "unacceptable" and demands permanent reinstatement of the lost county tax revenue plus a PILOT payment on the properties rising 3.5% a year; carried, with Mayor Angel Javier, Riley, McMurray and Trustee David Buczek voting aye and Trustee Chris Barry absent.
●• Bond Resolution BR 2024-3 authorizes up to $1,992,440 in additional serial bonds/notes for water system capital improvements, after actual costs ran that much over the $3,249,000 bond the board approved in August 2019, lifting the project's estimated total cost to $5,241,440; carried unanimously among the four members present and is subject to a permissive referendum.
●• Trustees approved short-term financing of $3,000,000 for the village's WIIA 2 project, pending financing from the state's Environmental Facilities Corporation (EFC); carried.
●• The board voted, 3-1 with McMurray opposed, to hire Chris Kinter provisionally as a full-time code enforcement officer, salaried at 2,080 hours a year starting at $28.00, pending Civil Service results.
●• A discussion of water and sewer rate changes was tabled until March 26, 2024, the same date set for a decision on DPW and Bullard cameras; representatives of the WaterWorth program had presented findings on potential rate increases tied to rising costs and the WIIA projects, and a NYCLASS representative, Kathy Saville, reviewed the investment services the village already uses.
●• Trustees approved invoices including $4,952.07 to Bernard Donegan, Inc., $6,845.12 to Wendel for a waterline river crossing, and $3,451.25 to Webster Szanyi LLP, along with budget adjustments including $3,654.80 for a car-seat grant expense and $350,388.50 to STC Construction, Inc., for the WIIA 2 project; carried.
●• The board approved transferring $633,049.81 in reserve and cemetery miscellaneous funds into a NYCLASS account.
●• Trustees entered executive session at 8:13 p.m. to discuss personnel matters and exited at 9:23 p.m.; the board also directed McMurray to contact the Town of Albion about a possible agreement to merge code enforcement between the village and town.
Albion Trustees Raise Water and Sewer Rates as They Bond $3,563,441 More for Treatment Plant Project
●• Trustees closed a hearing on the 2024-2025 budget, then opened and closed a hearing on water and sewer rate increases; moved by Joyce Riley, Deputy Mayor, and Tim McMurray, Trustee, the new rates carried with Angel Javier Jr., Mayor, presiding.
●• Trustees adopted Bond Resolution BR 2024-5, authorizing up to $3,563,441 in additional bonds for water treatment plant, storage tank and transmission-system work beyond the $7,855,059 bonded November 10, 2021, for an estimated project total of $11,418,500; the roll call recorded ayes from Javier, Riley, Gabalski, McMurray and Bennett.
●• Trustees adopted Bond Resolution BR 2024-6, authorizing up to $105,000 in additional bonds for two dump trucks beyond the $470,000 bonded December 13, 2023, for a total of $575,000; Riley, Gabalski, McMurray and Bennett voted aye and Javier voted nay.
●• Trustees approved employee vacation/personal-day sell-back, rollover and medical opt-out requests for the 2023-2024 and 2024-2025 budgets.
●• Trustees moved to send $10,205.58 in unpaid water and sewer bills to Orleans County for addition to the 2024-2025 Village taxes.
●• Trustees approved payment of village bills covering Vouchers #45763-45856: $44,134.21 general, $11,012.29 water and $8,025.95 sewer.
●• Trustees approved rent increases at village-owned properties: Diane Rouse's Mt. Albion apartment from $900.00 to $1,000.00 a month starting June 1, 2024, and Darlene Benton's office space at 121 N Main St from $405.00 to $425.00 starting May 1, 2024.
●• Trustees approved a Crown Castle lease for additional land at 301 Washington St (DPW) at $207.00 a month plus 30% of net sublet proceeds.
●• Trustees reinstated a food truck permitting process at temporary 50% fees, with fees set to rise once the bridge referenced in the record reopens.
●• Trustees appointed Sandra Walter to the Library Board through April 2025; tabled Recreational Committee appointments to April 25, 2024; and tabled a Codes MOU and a Town of Carlton surplus-water request to May 8, 2024.
●• Resident Robin-Jo Zaczek told the board fire hydrants on East State St had been covered with black plastic bags and asked that her written statement be posted on the village website; no further board action is recorded.
●• John Pastore, representative for Reid Patroleum, Hawley Development and Crosby's, informed the board of intent to seek a zoning change for 210 S Main St; no vote is recorded.
Albion Trustees Loosen Water Plant Purchasing, Then Order a Spending Memo to Department Heads
●• Trustees voted 3-0, with Angel Javier Jr, Mayor, and William Gabalski, Trustee, absent, to let Adam Rush, Water Treatment Plant Chief Operator, purchase equipment needed because of the April 17 power outage at the plant.
●• In a second 3-0 vote, trustees let Rush make further outage-related purchases without returning to the board, keeping it informed "as it progresses," for this power outage only.
●• Trustees also voted 3-0 to let Aric Albright, Pollution Control Plant Chief Operator, buy pipe for a bench from his own budget line, and to let Jay Pahura, Superintendent of Public Works, have the codes car decaled.
●• A further 3-0 vote directed Joyce Riley, Deputy Mayor, to issue a general statement to department heads on spending.
●• The special session opened with the pledge of allegiance at 3:12 PM and adjourned at 3:44 PM.
Down Two Members, Albion Trustees Adopt Bond Resolution That Requires a Two-Thirds Vote
●• Board met with only three of five members present all night — Joyce Riley, Deputy Mayor, Chris Barry, Trustee, and Timothy McMurray, Trustee; Angel Javier Jr, Mayor, and David Buczek, Trustee, were absent throughout, and every recorded vote carried 3-0 (CARRIED).
●• Adopted Supplemental Bond Resolution BR 2024-2, adding up to $105,000 in additional bonds/notes for two 12-foot dump trucks and plow equipment after actual costs ran over the original estimate, raising the project's maximum cost from $470,000 to $575,000; the resolution's own text calls for "the favorable vote of not less than two-thirds of all of the members of such Board," and the roll call recorded three affirmative votes (Riley, Barry, McMurray) with Javier and Buczek absent.
●• Adopted Resolution 2024-10 setting the general village election for March 19, 2024 at Village Hall, polls noon to 9 p.m.; Trustee candidates for the 4-year seat are Gregory Bennett (Democratic and Republican lines) and Jeffrey Holler (Republican line); voter registration deadline is March 8, 2024.
●• Adopted Resolution 2024-11 authorizing Tracy A VanSkiver, Clerk-Treasurer, to invest village funds through the NYCLASS municipal cooperation program; separately voted to move $416,387.00 in Perpetual Care funds into a NYCLASS account.
●• Adopted Resolution 2024-12 scheduling a joint public meeting for March 27, 2024 at Gaines Town Hall, where the Village of Albion and the Towns of Albion and Gaines will consider forming what the resolution calls the "Albion Joint Fire District."
●• Approved payment of village bills totaling $80,809.74 (general), $43,776.52 (water) and $12,015.68 (sewer); approved a budget adjustment adding $1963.45 for a mounted generator and $2,500.00 for training.
●• Declined to grant a resident on Ingersoll Street a reprieve from a second water-and-sewer base charge, offering instead to remove the second meter so the charge would no longer apply; tabled the Town of Carlton water contract and a payment-in-lieu-of-taxes agreement with Orleans County pending attorney review.
●• Hired William Malone, Sewer Treatment Plant Operator Trainee, provisionally at a starting rate of $21.20, pending his exam score and a commercial driver's license by December 31, 2024; held executive session on contractual matters from 6:56 p.m. to 7:31 p.m.; authorized the attorney to pursue purchase of at least 40 acres of land surrounding the village cemetery.
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