Board Settles PFOA Legal Representation Lawsuit
By Doug La Rocque
In December of 2021 the New York State Department of Environmental Conservation (DEC) issued what is called a Record of Decision that required Saint Gobain and Honeywell to drill two new wells and pipe the clean water to the Village’s pumping station. At the Tuesday, January 10 meeting of the Board of Trustees, Environmental Attorney Dave Engel presented the Board with an update as to the progress of the work.
The new wells will be drilled on land south of the Village along NYS Route 22. The initial design called for this clean water to be piped along Route 22, over the bridge going into the Village and then looping back to the pump station. A pipe hanging off the bridge was a concern to many involved and it was decided instead to directly pipe the water under the Hoosic River. While this new water source is clean from any PFAS or PFOA contamination, all parties involved have decided to keep the granular activated carbon (CAG) filter in place out of precaution. One of the current wells that is contaminated will remain intact as an emergency source. The DEC is still working to obtain a consent order with the companies involved and all required easements for the pipeline.
Water of a Different Nature
Two new pumps still need to be installed at the former Village owned landfill site for leachate collection. The current pump failed two years ago and its replacement met the same fate. According to Sewer Department Supervisor Ken Holbrook, the supplier of these pumps has repeatedly shipped the wrong units and they are still waiting for the correct replacements.
Another leachate leak has been detected about 100 yards away from the Pan Am Southern rail tracks. The Trustees had some discussion as to whether recent work on the rail tracks may have caused the leak, but it was determined there was no clear connection. The Trustees approved repair work to what is called the Force Main at a cost of $3,836. All work is mandated by the DEC which has declared the landfill to be a Superfund site.
A Large Legal Bill
When the PFOA crisis came about, the Trustees hired the law firm of Fitzgerald Morris Baker Firth to represent the Village. Their services were terminated in April of 2017, and the firm sent the Village a bill for $620,000 for legal services. The Trustees balked at the amount and refused to pay which of course resulted in a lawsuit. Mayor Rob Allen has announced the Village and the law firm have reached a settlement for $450,000. The Board agreed to issue a bond to finance that amount. It was noted by the Trustees, had they continued in defense of the lawsuit and lost, late fees and interest payments could have pushed the final bill to over $900,000.
New Outside Dining and Shopping Law
The local law that would allow sidewalk dining and shopping was approved after being pulled back last month for an additional clause that require periodic refuse clean up during the day and complete removal of all refuse when the event is finished.
New DPW Superintendent
After more than 35-years of service to Hoosick Falls, Department of Public Works Superintendent Niel Stowell is officially retiring on January 26. The Trustees announced that they have hired Sewer Department Superintendent Ken Holbrook as his replacement. Mr. Holbrook with continue to oversee the Wastewater Treatment Plant until a replacement can be found.
The search for a new Village Attorney is nearing a conclusion. Andy Gilchrist has resigned but is staying on until his replacement can be found. Mayor Allen says final interviews will take place shortly and hopes to name Mr. Gilchrist’s replacement at a special meeting scheduled for Tuesday, January 24.
Another legal matter dealt with at the meeting was the ratification of a new contract with the Village Police Officers union UPSEU. The agreement is retroactive to June of 2022 and contains what Mayor Allen says is a significant pay raise.
Village Speed Limit
Trustee Deb Alter presented other Board members with documentation from the New York State Department of Transportation (DOT) that outlines how and where a village may change speed limits. It excludes State and County owned roads and would require a traffic study. Trustee Alter would like to see the Village speed limit reduced from 30 to 25 miles per hour. She cites speeding and other safety concerns. It would also require changing Village speed limit signs. Some members of the Board do not think it is necessary and Mayor Allen says he is on the fence about it. The Mayor would like to know what Village residents think, and asks they call the Municipal Building to leave him a message as to their thoughts.
Lots of Other Work as Well
Previous Board meetings saw discussion about the lack of a stop sign at the intersection of Railroad Avenue and Elm Street. Trustees approved a resolution to place such signage on Railroad Avenue on the north and south side of Elm Street.
Following a public hearing at which there were no speakers, the Board approved a resolution supporting the rehabilitation of 1 Center Street. The former manufacturing facility is run down and perhaps in a dangerous state. The rehabilitation would be funded by a Restore NY Communities Initiative Grant.
It’s budget time and bills are coming due. Mayor Allen told the other Board members it is going to be a struggle this year and they have to look at a lot of cost cutting. One area of concern that needs to be addressed is the Water Department budget. It was agreed that production costs are outpacing water rate collections and that needs some serious scrutiny.
The Board approved the use of Village streets and Wood Park for the 32nd St. Patrick’s Day Parade on March 11. The Village’s annual donation of $1,000 to the parade committee also received the Trustees’ blessing.
Village elections are scheduled for Tuesday, March 21. Voting will take place from noon to 9 pm, at the Municipal Building on Main Street. The Mayor’s office as well as three Trustee positions are on the ballot.