By ANDY GARDNER

North Country Now

MASSENA -- After some dissension among the trustees, the village board on Tuesday voted 3-2 to partially tear down a burned structure that has been deemed a public safety hazard.

The village will pay $6,750 to LaVigne's Construction, owned by Paul LaVigne, to tear the porch off of 104 East Orvis St.

The building burned in a fire several years ago and has sat as a burned out eyesore ever since.

Department of Public Works Superintendent Hassan Fayad said although they have able workers, the procedure to take off the porch is dangerous, and to a degree that two contractors who he approached declined to bid.

"We do not have the proper equipment," Fayad said. "You can't just take a loader and pull that stuff off. If you do that, that's going to take the whole building down. We don't want to put anyone on the structure."

The two dissenting votes were trustees Francis Carvel and Albert Deshaies. Mayor Tim Currier cast the tie-breaking affirmative vote, siding with Deputy Mayor Matt Lebire and Trustee Christine Winston.

Prior to Fayad's comments on the safety issue, Carvel suggested the village use DPW workers to do the job. He fears the village won't be able to get back the $6,750 from the property owner.

"We try to do it with the least amount of money laid out as possible. We've had a very lenient winter so far," he said, referring to comments from Fayad last month where he cautioned against allowing ice and snow to accumulate on the roof. "We have crews being paid on a daily basis. We have equipment that's bought and paid for.

"It makes more sense to not get back $1,000 then not get back $6,700."

The village is suing to determine the actual owner of 104 East Orvis St.

In December, Massena firefighter and code enforcer Walter Bean told the board they tried to get the building's owner, Sal Chaaban, who lives in Canada, to bring the building into compliance after the 2014 fire. He said they were later informed the building was allegedly sold to an Akwesasne man, Frederick Laughlin. That alleged sale is the subject of the ongoing lawsuit.

Deshaies suggested the village go after the company that insures the building, but Lebire countered that they have to wait until the lawsuit resolves before considering that avenue.

"Got to be some kind of way you can go after the insurance company, this is ridiculous," Deshaies said.

"We have to get the legally sufficient position of who the owner is," Lebire said. "We have to let the legal proceeding pay out. While that plays out, in my opinion you take care of the immediate threat. The immediate threat is the porch.

"I was reluctant to put taxpayer money potentially on the line ... I want to go after them, I want to win, and make it known we're going to go after you."

"You keep saying immediate. How long has it been since that place burned down?" Deshaies said. "You end up like what you got across the street over there?" the trustee said, referring to the former Tony's Pizza.

"What are you proposing?" Lebire said.

"I've got no idea. That's what you've got lawyers for," Deshaies said.