Lewiston Town Board mulls draft proposal covering service contractors

by Terry Duffy
Lewiston Porter Sentinel, April 26, 2008

Leading to its planned joint village/town meeting on Monday and furthering work done by a recent Ad Hoc Committee on plumbing related concerns, Town of Lewiston Supervisor Fred Newlin and Councilman Sean Edwards reported this week that among its agenda items that evening, the board will be reviewing a new draft proposal covering all construction done in the town by service contractors.

“This covers all construction work,” said Edwards, noting its application covers plumbers but also extends to electricians, heating and ventilation contractors, and others -- basically anyone seeking to do contracted service work on properties within the town, be they public or private.

The town, coming off a rather heated March 24 hearing on a proposed law for licensed plumbers, one which was heavily attended by area non-union contractors, took no action that night and instead deferred the matter to an Ad Hoc Committee. The group met on April 3 and was comprised of Edwards, Councilman Mike Johnson, Water Pollution Control Center Administrator Tim Lockhart, Building Inspector Tim Matheson and invited area plumbers Paul Lotz, Paul Game, Doug Edwards and Glen Andrews. That session (Sentinel, April 5), moved from the initial licensed plumbing issue to expanded discussions on the need to address all service related construction in the town and to better manage and monitor it. “We don’t have a process,” said Edwards that evening. “There’s no coordination … we’ve got to change.”

Include All Contractors

Following discussion that night consensus was reached, and planning moved for the town to develop a more structured system applicable for all service contractors, which will be examined in greater detail Monday en route to yet another hearing and future planned action.

In a nutshell, the draft measure calls for a requirement all contractors doing work in the town, whether it’s on public right of ways or on privately owned properties, to be licensed and insured, a mandate for insurance and a system of inspections final certification for all work performed. “It includes all properties – any work being done in Lewiston,” said Edwards.

Some examples of service work performed that would fall under the new provisions include plumbing, electrical, roof replacements, the building of sheds, decks, or accessory structures; building demolitions; additions; pools and hot tubs installations; concrete patios; parking areas; drain lines installations, etc.

Currently in draft form, the measure exempts owners of one- or two-family homes from the license requirement, providing all necessary permits are obtained and all applicable laws are complied to. It also calls for contracted licensees to furnish coverage of general liability insurance, with minimal amounts of “not less than $1 million per occurrence and $2 million aggregate.” And it calls for all contractors to obtain annual renewal licenses and provide the aforementioned insurance liability.

Issued licenses will also carry restrictions, both Newlin and Edwards said, namely that holders are required to furnish proof upon request; the license is not transferable, and a revocation process be established with hearing provisions established to cover any violators.

Other Towns

“This gets us on track with the other towns,” said Edwards, noting that the measure was crafted on input from Don MacSwan of the Town of Wheatfield water and sewer department, and reviewing similar procedures governing contractors in the Town of Niagara.

With regards to inspections, the draft calls for all work performed in the town to be done in accordance with previously approved written plans and specifications by the town building department, sewer and water departments and town highway department. Inspections will be performed upon application with an owner or licensed contractor, at specified intervals, and at the completion of a job prior to issuance of a final certificate. All work performed would be regulated by town codes.

Discussion on the proposal Monday will likely lead to additional refinements en route to another hearing and further board action, Edwards and Newlin said this week.

Impropriety Raised

Both also questioned recent allegations of impropriety over PAC contributions by area locals in a concern raised by Lewiston resident and former GOP Chair Ed DeVantier. DeVantier alleged these served as the basis for their initial March 24 effort aimed at requiring licensed master plumbing contractors.

“That (the initial plumbing license requirement) came from Don MacSwan,” said Edwards. He suggested a procedure be established for permitting. Edwards said that plumbing was raised initially as it was a big liability issue in the eyes of MacSwan.

“That issue came to us following complaints by two elderly residents,” piped in Newlin. “I had two calls of excessive bills by plumbers from residents.” He noted that one was in the $700 range for installation of a hot water expansion tank unit. “That’s a rip off,” he said.

DeVantier’s concern, outlined in a letter presented to the Sentinel and to the Niagara Gazette, alleged that plumbers were singled out at the March 24 session due to PAC monies received earlier by Newlin, Edwards and Johnson. DeVantier offered as his sources www.elections.state.ny.us on PAC monies from Pipefitters and Steamfitters Local 22 PAC, and the union’s own Web site, www.ualocal22.com, with regards to Edwards.

Raising the issue, DeVantier posed the question, “Why didn’t they target any other trade or craft?”

In their arguments, both stated Lewiston was not “beholding to union contractors,” and said the town, in fact, had awarded recent jobs to non-union shops, naming Occhino and Byrk plumbing contractors as examples.

Both dismissed DeVantier’s claim as pandering. “Every issue (he raised) is discounted through public record,” said Edwards.

Newlin added, “This cheap political attack,” saying that no calls on the plumbing issue in the town ever came from a union official.

More to come on Monday. Stay tuned.