Village of Bloomfield Board of Trustees meeting of February 25, 2009

Present: Mayor Kwarta

Trustees: Charlebois, Falsone, Cicchino

Kathy Conradt, Jeff Henehan, Nancy Long, Brian Steenburn

Claude, Carol and Claude (Jr.) Creswell, Joel Steele

Excused: Deputy Mayor Barnard

The meeting was opened at 5:30 pm with the pledge to the flag.

Privilege of the Floor: Carol Creswell addressed the board concerning the flooding to her basement at 150 Main St. The flooding occurred as the result of a water main break on State St. in which the water followed a downward sloping path towards Main St and through her basement window. The water line break was caused by frost and the water line snapped.

Mrs. Creswell made the following points:

1.  She submitted photographs of the flooded basement and a narrative of the event.

2.  She submitted an itemized list of costs incurred to dry out the basement beyond the initial $5000 which was paid out by her homeowner’s insurance for the first day of drying out the basement. She is requesting reimbursement of $2946.29 to the contractor and $1915 to her for loss of personal items.

3.  She is asking for reimbursement of costs that are not covered under her insurance policy for a water break that she feels was caused by negligence on the part of the Village although she was unable to articulate what type of negligence is involved.

Joel Steele is the agent for both the petitioner and the Village of Bloomfield. He made the following points:

1.  It is standard for all home owners’ policies to deny claims for water damage from outside surface sources.

2.  Insurance for municipalities only covers damages when they are the direct result of negligence on the part of the municipality. This claim does NOT result from negligence.

3.  A municipality offering “good will” reimbursement to an individual will set a precedent and can become very costly over time.

Derek Brocklebank, attorney representing the Village, reviewed the petitioner’s request. He stated that in the absence of a breach of duty, the Village Board of Trustees has a position of trust for public funds. When there is no direct responsibility to pay an expense, to do so would be a benefit or “gift” to a private home owner.

Due to the possibility that this matter could become a subject for litigation, the Board will continue the discussion in executive session at the end of the meeting.

Minutes: Trustee Cicchino motioned, Trustee Charlebois seconded and it was unanimously carried to accept the minutes of the January meeting with the amendment to the expiration date of the CEO contract, which should state December 31, 2009.

Mayor’s Report:

1.  He received a letter from DOH which relates that VOC testing results are acceptable and no additional VOC testing is needed.

2.  He received a letter from DEC advising that as part of the Freshwater Wetlands Act, maps of our area will be updated in 2010.

Clerk’s report:

1.  Board reviewed the monthly financial reports.

2.  Presented Abstract #9 (vouchers 312-349, HF 12) in the following amounts: General Fund $6447.32; Water Fund $4730.54; Sewer Fund $50,479.32; Trust and Agency $6545.25, Water Improvement Project $525. Trustee Falsone motioned, Trustee Charlebois seconded and it was unanimously carried to pay the bills as presented. Trustee Charlebois motioned, Trustee Cicchino seconded and it was unanimously carried to approve a transfer of $420 in the General Fund from A1990.4 Contingent to A1325.4 Clerk; $414 in the Water Fund from F8340.2 to F8310.4 in the amount of $12, and to F8340.4 in the amount of $402. The Clerk and DPW Supervisor declared that all goods have been received and all services rendered.

3.  Lakeside Engineering has requested payment for the invoice submitted in November for work in conjunction with the change orders and payment to LeClaire. At the time of billing, it was felt by the Board that the work was not provided as the change orders and bill from LeClaire were not verified by the Engineer with the contractor and the Village DPW and the bill contained many errors and was rejected. The Village has since paid 2 invoices to Lakeside for work associated with that project. Trustee Falsone motioned, Trustee Charlebois seconded and it was unanimously decided to return the bill with an explanation of the payment rejection.

4.  A request was received from CNB to place a message on the community sign. As the sign is on CNB property and the message is not from a private individual concerning a private matter, Mayor Kwarta motioned, Trustee Charlebois seconded and it was unanimously carried to approve the request from CNB for the announcement on the sign.

5.  The Village has received 3 payments of 4 out-of-district-users billed for delinquent water bills. If payment is not received by Feb. 28 the water will be shut off. A letter will be sent to the Town of East Bloomfield concerning the formation of a Town water district for the out-of-district users.

6.  Received the historian’s annual report which was submitted by Ginny Schroeder.

7.  Received a letter of request from Jim Langan, 4 Page Place regarding allowable uses for his property located at 3 Page Place. As this is a code enforcement issue, this will be referred to Mike Woodruff.

8.  Received requests from 2 insurance agencies to quote our insurance this year. Discussed whether we should receive quotes from multiple agencies or receive multiple quotes from one independent agent. The Board decided that it would be most efficient to receive multiple quotes from one agency.

Special Order at 6:30 pm – Debra Martin, Assistant to the Attorney General’s Office, introduced herself and distributed some informational materials. Her office is located in Rochester and has a staff of approximately 20 people. She is willing to address any groups that are interested.

Public works report: Jeff reported:

Water

1. Brian Steenburn has received his license as a water system operator.

2. Brian Steenburn won an award from the FLWWC for rebuilding water meters and has been invited to represent our region at the conference to be held in April in Saratoga Springs. If he wins there, he would be sent to San Diego to represent the State of NY. He is asking the Village to cover his mileage, $35 for registration for the conference, $140 for one night’s accommodations and $40 for the banquet. FLWWC will cover any other expenses. He would receive 8-10 training credits. Jeff is also asking the Village to send one additional employee to get the training credits as well. They may be able to use the Village truck to save the cost of mileage. Mayor Kwarta motioned, Trustee Cicchino seconded and it was unanimously carried to pay the requested expenses to send Brian Steenburn and Brian Rayburn to the conference to be held on April 22 in Saratoga.

3. Lakeside is preparing plans and costs for the test hole at the Oakmount system. A 4” waterline also needs to be re-bored and reconnected to the correct line. The balance of the punch list will be completed as soon as weather permits.

4. There was a water line break at 19 State St - the NYS DOT will be informed that no vibratory rollers can be used on the road when construction work is done.

5. The water tank antenna has been replaced and is currently back on line.

6. Phase 2 of the Michigan St well project will cost approx. $60,000 so Chatfield will be contacted to proceed with the work. Phase 3 will involve pumps, piping and controls and will have to go out to bid.

WWTP

7. The gritter has been repaired and is currently functioning. The project included updating the electrical wiring in the plant basement.

8. The 5 year plan was distributed for review. It has been amended and re-evaluated. Teitsworth will do an on-site analysis of all equipment and make recommendations for a trade-in schedule.

9. All future tree trimming contracts must provide prevailing wage.

CEO report: no questions or concerns regarding monthly report.

Engineers report: none

Committee reports:

1.  Water – no report – on hold

2.  Comprehensive Plan – no meeting scheduled yet.

3.  Recreation – next scheduled meeting on March 2 at 7:00 p.m.– Trustee Falsone will advise the chairperson that Trustee Cicchino does not have email service.

4.  Fire Hall committee – completed their task and has been disbanded.

5.  Office Committee – no report

6.  Fence/brush pile Committee – will discuss proposed policy at the March meeting.

Petition from Creswell’s for reimbursement of expenses:

The Board decided that it was not necessary to enter into executive session to discuss the matter. The options for Village Board action are:

1.  Reject the request for payment and possibly be sued.

2.  Submit the claim to the Village insurance carrier which will probably deny the claim and then deny payment

3.  Offer a compromise of shared sacrifice and pay a portion of the request.

Trustee Cicchino motioned, Trustee Falsone seconded and it was unanimously carried to submit the claim to the insurance carrier.

Unfinished business:

Mayor Kwarta presented the budget and it was reviewed by line item.

1.  In the General Fund the appropriation to the Highway Reserve should state Equipment Reserve.

2.  In the General Fund, the line item for the Planning Board (A8010.4) should include $500 for training.

3.  The water rate was discussed but it was decided to leave it as proposed in the budget.

4.  The sewer rate was discussed. There is concern for the diminishing fund balance in the sewer fund. Trustee Charlebois motioned, Trustee Cicchino seconded that the sewer rate be increased $2/month (as opposed to the proposed $1/month increase). The voice vote was: Trustee Charlebois – yes, Trustee Cicchino- yes, Trustee Falsone – yes, Mayor Kwarta – no and the motion was carried. The increased revenue will be split between the contingent account and the sewer reserve.

5.  The public hearing for the budget will be at the regular March 25 meeting at 7:00 p.m.

Trustee Falsone motioned, Trustee Charlebois seconded and it was unanimously carried to adjourn the meeting.

Respectfully submitted,

Kathleen Conradt, Clerk