If it wasn’t for a pending injury lawsuit against the Village of Springville, the annual premium increase for liability insurance would only be $1,000 instead of the proposed $9,000, according to Administrator Tim Horner.

Horner told the Board of Trustees at its meeting Monday evening that unless the Village stops plowing public sidewalks or changes its local law regarding sidewalk plowing, the liability insurers will increase the annual premium by $9,000 instead of $1,000. “The matter is a concern of the insurance company because it results in a 65 percent loss ratio and ultimately an increase in our costs.” he said. “They have asked that the Village consider taking some action to either stiffen the local law or perhaps no longer plow sidewalks.” He said he wanted to make the point that the insurer is concerned about a loss or a lawsuit for injury.

Mayor Bill Krebs said that the insurance company should be made aware of why the Village, which consists of approximately 4,000 residents, clears the sidewalks and that an average of 180 inches of snow a year falls in the area. “We should listen to their request on how perhaps to amend our local code to make it clear that property owners are responsible and outline the limited service that we have and see if we can resolve this issue in some way,” he said. I think it’s very important we continue the service of snow removal and I think it is unfair of the company to raise their rates like that because they might not understand what’s involved with living in a village that gets 180 inches of snow.”

Trustee Jean Moncreiff said the Village has a large population of senior citizens. “I just can’t see them all shoveling snow and it might be a burden to ask them to hire somebody to do it,” she said.

In addition, Krebs noted that the underwriter is from New Jersey. “He has no idea what it’s like here and the advantages of doing it [plowing].”

Horner said the point as far as the insurance company is concerned is that it knows it cannot totally eliminate the liability but that it wants some local law to help defend the Village in a situation where there is a lawsuit.

Local Law 150-10 and 11 currently states: “All persons owning or occupying any house or other building, lot or vacant house in the village shall, during the winter season and during the time the snow shall continue on the ground, keep the sidewalks in front of, adjoining or in anywise contiguous to any such house, building or lot free from obstruction by snow and ice and shall, within 24 hours after said snow and ice have fallen to the ground, remove the same and shall also at all times keep such sidewalks in good and safe repair and clean and keep free from dirt, filth and weeds or other obstructions and encumbrances.

“If within 24 hours said snow and ice are not removed as herein provided, the Superintendent of Public Works of the Village of Springville may remove the same, and the charge for so doing may be assessed to the adjoining owner by adding the same to the tax roll.

“It shall be unlawful for any person, firm or corporation to push or deposit snow or ice in, on or across any street or sidewalks within the village.”

Apparently the local code was never changed once the village started providing the service of plowing the sidewalks more than 20 years ago.

Noting that the Village has 31 miles of sidewalk, Superintendent of Public Works, Karl Lux said, “I think we need to actually act either the way the law is or change the law to reflect how we act.”

“Exactly,” said Horner. “And that would be acceptable to them.”

It was agreed that a committee would be formed consisting of Horner, Lux and Trustees Moncreiff and Skelton, to discuss the matter with the insurance company to resolve the matter to all parties’ satisfaction.

In other matters:

• Chief John Fox said that he and Administrator Horner had conducted interviews to fill the position vacated by Officer Nicholas Budney following his resignation and recommended to the board that a job offer be made to Christian Parisi to fill the vacant position. The appointment would take effect immediately. He said he is anticipating appointing another officer in the very near future to fill another position vacated earlier this year. Motion was made and carried approving the hiring of Parisi.

• The winter parking ban is to take effect on Tuesday, Nov. 10 at 12 a.m. Fox said that an officer will be on duty overnight distributing winter parking ban notices to all vehicles left parked on village streets. “They will attempt to issue warning notices throughout November except in the event of a snow storm when vehicles will be ticketed and towed as necessary at the owner’s expense,” he said.

• Fox said he would like to contact the representative from CodeRED Emergency Notification System and asked the trustees to review the information presented to them at the board meeting on October 19.

• Building Inspector and Code Enforcement Officer Mike Kaleta said that Wal-Mart has a detailed and comprehensive plan to deal with the expected influx of customers the day after Thanksgiving called Event Day, more commonly known as Black Friday. The arrangements include a one-entrance, one-exit system, sales people at the entrance making sure only one person is allowed in at a time, big item pick-up time, the closing of the tire and lube area, handing out of tickets for merchandize ahead of time and the closing of the store for stocking at 3 a.m. to put up interior barricades for a 5 a.m. opening time.

• The board unanimously passed a resolution to enact a “land banking” bill which prevents the adverse effects of distressed properties. “It’s our local message to county and state officials that we think that land banking is a good way to help us deal with distressed properties,” said Mayor Krebs. “The whole idea of land banking is that a non-profit organization would be formed and funded partially by grants and managed on a countywide basis.” He went on to say that its function would be to acquire distressed properties for resale to entrepreneurs or people who would improve them and bring them up to code.

• Trustee Moncreiff said that Dave Batterson, the town of Concord historian, will be giving a presentation on railroad history to the Chamber of Commerce at the Lucy Bensley Center on North Buffalo Street on Nov. 11, at 7:30 p.m. In addition, Rick LeFeber, Executive Director of the Cattaraugus Local Development Corporation will be speaking on the Rails to Trails program at the Chamber’s monthly luncheon meeting on November 19 at the Chamber office which is located in the Lucy Bensley Center.

• Trustee Terry Skelton praised Karl Lux’ staff for doing a good job on leaf and brush pickup. Mayor Krebs thanked the electrical department for bringing the lights back on so quickly after a recent power outage in the downtown area.

• Krebs reminded the attendees that Veterans Day is on Wednesday, Nov. 11.

The next Village of Springville Board of Trustees’ meeting will be held at 7 p.m. on Monday, November 16 at the Franklin Street Municipal Building.