Village Board of Trustees

Village of Massena BOARD OF TRUSTEES SPECIAL MEETING Meeting Mi nutes DATE/TIME : September 12 , 2023 (5:00 P.M.) PLACE: Town Hall Building, Massena, New York PRESENT : Village Board : Mayor Greg Paquin Trustee Christine Winston Trustee Shelyn Peets Trustee Chad Simpson Trustee Ken McGowan Also Present : Monique Chatland (Village Clerk/Administrator) Matthew McArdle (Village Attorney) Aaron Hardy ((Fire Foreman/Code Enforcement Officer) Press: Bob Beckstead (Daily Courier Observer), John Michaud (Filming Massena) Residents: Vic Perry, Eugene Nicandri, Bob Rush Mayor Paquin opened a Special Meeting of the Village Board of Trustees at 5:00 p.m. and conducted a roll call of Board members present. Trustee Simpson moved to dispense with the regular agenda. Trustee Winston seconded the motion with unanimous Board approval. PUBLIC HEARING : UNSAFE PROPERTY -23 ½ EAST ORVIS STREET Trustee Simpson offered a motion, seconded by Trustee Peets to open the meeting to a public hearing to hold a hearing for 23 ½ East Orvis Street to determine if the building is dangerous or unsafe, if so whether it is to be repaired, demolished and removed. at 5:01 p.m. Motion Carried 5:0 (AYE=Paquin/Winston/Peets/Simpson/McGowan) (Clerks Note: See page xxxx for Notice o f Public Hearing.) Village Attorney Mathew McArdle acting as the hearing Officer presented the case to the board, 23 1/2 East Orvis Street in violation of Village Code Chapter 120 (Unsafe Property). Hearing Officer McArdle stressed that Notice for the Public Hearing was sent via certified and mailed to current owner on tax rolls. McArdle swore in Code Enforcement Officer Aaron Hardy. CEO Hardy is presently employed with the Village for approximately fifteen years and responsibility of Code Office is to enforce New York State and Local Codes. CEO Hardy gave a generalization of complaints regarding property from surrounding property neighbors such as trash, debris, animals residing in structure, and fire damage to structure in 2022.Since the fire there has been a partial board up of the structure. Have repeatedly tried to reach out by phone to owner’s lawyer and sent via certified many notices. Fire took place on March 21, 2022 and an actual inspection (photographs, walk around property) was performed on August 7, 2023.Basically shows proof as time goes on since fire the property has deteriorated. Inspection along with documentation proves in my opinion that they are in violation Chapter 120 (each chapter) and distributed the findings report to the board on August 7, 2023. He stated his recommendation would be too demolish the house. Hearing Officer McArdle had no further questions. Resident Eugene Nicandri presented the following to the board: 2118  BOARD OF TRUSTEES MEETING September 12, 2023 ---------------------------------------------------------------------------------------------------------------------------------------------------- Hearing no further public comments, Trustee Simpson made a motion, seconded by Trustee Peets to close the public hearing at 5:16 p.m. Motion Carried 5:0 (AYE=Paquin/Winston/Peets/Simpson/McGowan) RESOLUTION # 49-2023: DECLARE PROPERTY A T 23 ½ EAST ORVIS STREET UNSAFE A motion was offered by Trustee Peets, seconded by Trustee McGowan, and carried, to adopt the following resolution to wit: Resolution# 49-2023 DECLARE 23 ½ EAST OR VIS STREE T-UNSAF E  BOARD OF TRUSTEES MEETING September 12, 2023 ----------------------------------------------------------------------------------------------------------------------------------------------------  BOARD OF TRUSTEES MEETING September 12, 2023 ---------------------------------------------------------------------------------------------------------------------------------------------------- Question of the adoption of the foregoing resolution resulted as follows: AYE: Mayor Paquin, Trustee Wi nston, Trustee Peets, Trustee Simpson , Trustee McGow an NAY: Mayor Paquin declared Resolution #49-2023 duly adopted (5:0). RESOLUTION# 50-2023: PROPERTY DECISION & ORDER -23 ½ EAST ORVIS STREET A motion was offered by Trustee McGowan, seconded by Trustee Simpson, and carried, to adopt the following resolution to wit:  BOARD OF TRUSTEES MEETING September 12, 2023 ---------------------------------------------------------------------------------------------------------------------------------------------------- RESOLUTION #50-2023 DECISION AND ORDER Of the Mayor and Board of Trus tees of the Village of Massena Re: PROPERTY ADDRESS : 23 ½ EAST ORVIS STREET Tax Map Identification #: 9.067-8-4.1 Property Owner Name: According to Tax Roll Alguire, Timothy D. C/O Nash & Palm 113 Main Street Canton, New York 13617 WHEREAS , a public hearing was held on September 12, 2023 at 5:00 p.m. for the purpose of hearing testimony as to whether the above property is an unsafe building, as defined in Chapter 120 of the Code of the Village of Massena; and WHEREAS , after having heard testimony and having considered all evidence with respect to whether the above property is unsafe within the meaning of Chapter 120 of the Code of the Village of Massena, the Village Board determined that the property is in violation of the following Sections of the Code: [1] Section 120-4.A.: It is open at the doorways making it accessible or an object of attraction to minors, vagrants and/or other trespassers. [2] Section 120-4.B.: Its interior walls or other vertical structural members list, lean or buckle to such as extent that a plumb line passing through the center of gravity falls outside the middle third of its base. [3] Section 120-4.C.: Exclusive of its foundation, it shows 33% or more of damage to or deterioration of the supporting member or members, or 50% of damage to or deterioration of the non-supporting, enclosing or outside walls or covering. [4] Section 120-4.D.: It has improperly distributed loads upon the floors or roofs or in which the same are overloaded or which has insufficient strength to be reasonably safe for the purpose used. [5] Section 120-4.E.: It has been damaged by fire, wind or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the people of this village. [6] Section 120-4.F.: It has become or is so dilapidated, decayed, unsafe or unsanitary, or utterly fails to provide the amenities essential to decent living that it is unfit for human habitation or is likely to cause sickness or disease so as to work injury to the health, safety or general welfare of those living therein or adjacent thereto. [7] Section 120-4.G.: It has light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein, with particular reference to the requirements of the New York State Uniform Fire Prevention and Building Code as a determinant. [8] Section 120-4.H.: It has inadequate facilities for egress in cases of fire or panic, or has insufficient stairways, elevators, fire escapes or other means of access or egress, again referencing the New York State Uniform Fire Prevention and Building Code as a determinant. [9] Section 120-4.I.: It has parts which have become so detached they may fail and injure members of the public or others’ property. [10] Section 120-4.J.: Is or may become a place of rodent infestation.  BOARD OF TRUSTEES MEETING September 12, 2023 ---------------------------------------------------------------------------------------------------------------------------------------------------- [11] Section 120-4.K.: Presents any other danger to the health, safety, morals or general welfare of the public. [12] Section 120-4.L.: Is unfit for the purposes for which it may be lawfully used. NOW, THEREFORE , IT IS HEREBY DETERMINED by the Village Board that evidence presented concerning property located at 23 ½ East Orvis Street indicates that the property: has been so damaged by neglect and the forces of nature as to have become dangerous to life, safety or the general health and welfare of the people of the Village of Massena and that the evidence presented indicates that the extent of damage to the properties is so extensive that repairs are prohibitive; and IT IS HEREBY ORDERED that the owner of the above-named property shall demolish and remove all structures on the property and bring the remaining site into compliance with the Code of the Village of Massena within THIRTY (30) DAYS of the date of service of this Notice and shall be completed within SIXTY (60) DAYS THEREAFTER , unless for good cause shown such time shall be extended. IN THE EVENT OF NEGLECT OR REFUSAL TO COMPLY WITH THE ORDER TO SECURE OR DEMOLISH AND REMOVE THE BUILDING, THE VILLAGE BOARD IS AUTHORIZED TO PROVIDE FOR ITS REPAIR OR DEMOLITION AND REMOVAL, TO ASSESS ALL EXPENSES THEREOF AGAINST THE LAND ON WHICH IT IS LOCATED AND TO INSTITUTE A SPECIAL PROCEEDING TO COLLECT THE COSTS OF REPAIR OR DEMOLITION, INCLUDING LEGAL EXPENSES. FAILURE, NEGLECT OR REFUSAL TO COMPLY WITH THIS ORDER, OR RESISTANCE TO OR OBSTRUCTION OF THE CODE ENFORCEMENT OFFICER OR ANY OTHER VILLAGE EMPLOYEE CARRYING OUT THE PROVISIONS OF CHAPTER 120 OF THE VILLAGE CODE, SHALL UPON CONVICTION, RESULT IN A VIOLATION OF THE PENAL LAW OF THE STATE OF NEW YORK, PUNISHABLE BY A FINE OF NOT MORE THAN $250.00 OR BY IMPRISONMENT FOR NOT MORE THAN 15 DAYS, OR BOTH. EACH DAY IN WHICH SUCH OFFENSE CONTINUES SHALL CONSTITUTE A SEPARATE VIOLATION. Question of the adoption of the foregoing resolution resulted as follows: AYE: Mayor Paquin, Trustee Winston, Trustee Peets, Trustee Simpson , Trustee McGowan NAY: Mayor Paquin declared Resolution #50-2023 duly adopted (5:0). ADJOURNMENT: With no further business, it was moved by Trustee Simpson and seconded by Trustee Winston that the meeting be adjourned. Motion Carried 5:0 (AYE= Paquin/Winston/Peets/Simpson/McGowan) It was so ordered by Mayor Paquin at 5:22 p.m. MINUTES PREPARED BY : MONIQUE N. CHATLAND, Village Clerk  BOARD OF TRUSTEES MEETING September 12, 2023 ---------------------------------------------------------------------------------------------------------------------------------------------------- LEGAL NOTICE: UNSAFE PROPERTY HEARING 23 ½ EAST ORVIS ST.