Albion Trustees Raise Water and Sewer Rates as They Bond $3,563,441 More for Treatment Plant Project
The Albion Village Board of Trustees raised water and sewer rates on April 10, 2024, then adopted a supplemental bond resolution adding $3,563,441 to a water treatment plant project first bonded in 2021, bringing its estimated cost to $11,418,500. A second, smaller bond resolution that night, covering cost growth on two new dump trucks, passed only after Angel Javier Jr., Mayor, cast the meeting's lone dissenting vote.
Chimney Bluffs on Lake Ontario, NY — photo:
Andre Carrotflower
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▶Key Actions & Decisions
●• 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.
The Village of Albion Board of Trustees closed a public hearing on the 2024-2025 budget at 7:13 PM on April 10, then opened and closed a second hearing three minutes later on proposed water and sewer rate increases. According to the minutes, discussion centered on the need for the increases to cover future water debt service and to build the sewer fund's balance. Moved by Joyce Riley, Deputy Mayor, and Tim McMurray, Trustee, the board then approved new rates: the base charge for a standard 3/4-inch water connection rises from $21.00 to $33.60 a month, with every larger connection size rising on the same schedule, up to $1,896.00 for an 8-inch line, previously $1,185.00. Residential water use inside the village rises from $3.39 to $3.90 per 1,000 gallons, and residential sewer use inside the village rises from $3.97 to $4.25 per 1,000 gallons. The vote carried, with Angel Javier Jr., Mayor, presiding.
Later the same night, the board took up the debt behind those rates. Trustees adopted Bond Resolution BR 2024-5, a supplemental measure financing capital improvements to the village's water treatment plant, storage tank and transmission system. The resolution states that a bond dated November 10, 2021 had authorized up to $7,855,059 for the project, but that actual project costs proved approximately $3,563,441 higher than the maximum estimated project costs. The supplemental resolution authorizes up to $3,563,441 in additional bonds and bond anticipation notes, bringing the project's estimated aggregate maximum cost to $11,418,500. The roll call recorded ayes from Angel Javier Jr., Mayor, and Trustees Joyce Riley, William Gabalski, Tim McMurray and Greg Bennett.
A second supplemental bond resolution that night, BR 2024-6, covered cost growth on a separate project: two 12-foot dump body trucks for the village, first bonded December 13, 2023 for up to $470,000. That resolution states the trucks' actual project costs proved approximately $105,000 higher than the maximum estimated project costs, and authorizes additional bonds bringing the total to $575,000. Unlike the water plant vote, this roll call was not unanimous: Angel Javier Jr., Mayor, voted nay, while Trustees Riley, Gabalski, McMurray and Bennett all voted aye. The resolution itself requires "the favorable vote of not less than two-thirds" of the board, a threshold the four aye votes met, and the minutes record it as adopted.
Other business that night left several threads open. Trustees tabled a Codes MOU and a request from the Town of Carlton for surplus village water until May 8, 2024, along with a camera proposal for the DPW and Bullard Park. Recreational Committee appointments were tabled until April 25, 2024, while the mayor's appointment of Sandra Walter to the Library Board, through April 2025, was approved. Trustees also moved to send $10,205.58 in unpaid water and sewer bills to Orleans County for addition to the 2024-2025 Village taxes.
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Coverage of the Board of Trustees meeting on 2024-04-10,
Village of Albion, NY.
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Related Board of Trustees Meetings
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.
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.).
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 Resident Who Challenged Water Plant Timecards Named to Two Village Boards Same Night
●• Resident Jeff Holler told the board about results of a FOIL request on Water Treatment Plant timecards, and the minutes record he "expressed his concern and displeasure of how hours work is being utilized"; no further detail on the discrepancy is recorded.
●• Later in the meeting, trustees appointed Holler an alternate to the Planning Board effective immediately, and separately appointed him to the Grievance Committee for a term expiring 4/2025 (both moved by Trustee McMurray and Trustee Riley, carried, Riley/Gabalski/McMurray aye, Bennett absent).
●• The board accepted Deborah Zicari's resignation from the Planning Board, effective immediately, and appointed Linda Smith to the seat for a term expiring 4/2028 (carried).
●• Trustees adopted the 2024-2025 budget after adjustments decreasing line A0.1210.0101 from $8508.91 to $1.00, decreasing A0.1210.0405 from $2500.00 to -0-, and increasing A0.7310.0403 from -0- to $11,007.91; the resulting tax rate of $20.40 is, per the minutes, above the New York State tax cap, a status enabled by Local Law 1-2024, passed at the board's 3/28/2024 meeting (carried).
●• Budget totals: General Fund appropriations $4,701,848.45, estimated revenues $1,322,885.33, fund balance $261,150.00, tax levy $3,117,813.12; Water Fund appropriations and revenues each $2,068,150.00; Sewer Fund appropriations $1,424,335.00, revenues $1,412,000.00, fund balance $12,335.00.
●• In the two minutes between exiting executive session and adjournment, trustees authorized counsel to proceed on terms in an April 25, 2024 proposal to the Albion Benevolent Association, denied a request for improvements to the Mt. Albion Apartment property at 14925 State Route 31, and voted to terminate the rental agreement there, directing the attorney to send notice (all carried).
●• Trustees authorized a Canal Park gazebo roof repair not to exceed $1750.00, expected after road work, and asked Pollution Control Plant Chief Operator Aric Albright to bring a list of items needed for the gazebo's electric upgrade to the 5/8/2024 meeting.
●• The board approved a temporary increase in the village's NYCLASS deposit limit to $8M from $5M, citing BAN funds received for the WIIA 2 project (carried).
●• Trustees approved payment of $3,731.50 to William Schutt, increasing expense line A0.6989.0404 by the same amount (carried); the village was also approved for a $10,500 grant for a charging station.
●• A public hearing was scheduled for 5/8/2024 at 6 PM on the village's application to Empire State Development under the Restore NY Communities Initiative.
●• The board observed a moment of silence for Dr. Neil Johnson, village historian for more than 40 years; current historian Susan Starkweather-Miller asked trustees to support a small group pursuing grants for Mt. Albion Cemetery and other historic areas.
Albion Water Bond Grows to $11,418,500 as Trustees Move to Sue Over PFAS Contamination
●• 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.
Albion Trustees Advance Cemetery Land Purchase Between Two Closed-Door Sessions on Contracts
●• Board entered executive session at 5:19 PM to discuss contracts, on a motion by Trustee McMurray seconded by Trustee Gabalski; carried, with Deputy Mayor Riley and Trustees Bennett, Gabalski and McMurray voting aye and Mayor Javier absent. Exited executive session at 5:29 PM (same vote pattern).
●• Voted to move forward on purchasing land immediately south of Mt. Albion Cemetery at $7K an acre based on a survey (carried, same vote pattern).
●• Directed that a letter to NYSDOT seeking help with repairs to Ingersol St, closed due to a bridge closing, be put on village letterhead and readied for all board members to sign at the May 8, 2024 meeting; no vote recorded.
●• Approved closing East Bank St on May 5, 2024 for the Motorcycle Awareness special event held by ABATE of Orleans (carried, same vote pattern).
●• Reentered executive session at 5:40 PM to discuss contract negotiations, exiting at 5:50 PM, then adjourned with no further business (all carried, same vote pattern); minutes record no detail on what contracts were discussed in either closed session.
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