ORGANIZATIONAL AND REGULAR MEETING



BOARD MEMBERS PRESENT: LARRY LEGAULT, SUPERVISOR

GAIL SCHNEIDER, COUNCILWOMAN

PATRICK CARROLL, COUNCILMAN

SHAWN THOMPSON, COUNCILMAN

DAN OKEEFE, COUNCILMAN

HIGHWAY SUPERINTENDENT PRESENT: JEFF SEGUIN

Supervisor Legault called the regular meeting to order at 6:32pm

Moved by Councilwoman Schneider, seconded by Councilman Thompson and duly carried to accept January 7, 2020 Regular Meeting minutes.

Moved by Councilwoman Schneider, seconded by Councilman O’Keefe and duly carried to accept January 8, 2020 Special Meeting minutes.

Moved by Councilwoman Schneider, seconded by Councilman O’Keefe and duly carried to accept the January 22, 2020 Public Presentation meeting minutes.

Report from RVRDA Representative Larry Clark reported that the applications for the new grant season are due April 16. Two loan recipients have paid off their loans and a $300,000.00 loan was approved for Structural Wood.

SLC Legislator Rita Curran reported that SLC has passed a resolution urging the state to reform the “no bail law”. In addition, a sample resolution has been sent to the SLC Board of Legislators in support of the Massena Country Club. The vote concerning sales tax distribution will be soon.

Report from Supervisor of Recreation and Maintenance, Dewey LaValley: The starter went up on the Park pick-up truck but the repair should be under warranty. The new ice edger here and running. New lights are being installed in the scoreboard and the LED light project for the building has been completed. AJ Miller Electric will be contacted to fix the light at the historical building and the heater in men’s room. Moved by Councilman O’Keefe, seconded by Councilman Carroll and duly carried to purchase a new computer for the recreation department that is comparable to the one being purchased for the Highway Department. The Louisville Small Town hockey tournament will be held this weekend. The summer bash committee is considering either a demolition derby or a tractor pull for the event on June 20th. The house at 739 CR 39 has been reviewed and there is very little salvageable- including the structure. Historian Pulley would like a few items from the building for the historical center and thinks some other items could be sold- the building itself will be torn down during spring cleanup.

REPORT FROM HIGHWAY SUPERINTENDENT SEGUIN:

To date we have plowed 542.5 hours on the state roads for a total billed to NYS $198,832.89. Also, interesting note: the hours billed to NYS for plowing in January of 2019 are equal to January 2020.

The plow trucks all need work but should get through the season.

Does the Highway Department bill the Water Department for hydrant plowing?

The Highway Department can replace the roof on the old town barn. They will start demolition as soon as the weather permits.

The roads are holding up well this winter. Highway Superintendent Seguin would like to replace the Coles Creek Road to Fobare’s as the 2020 project. There are flooding problems on that road.

The Highway Department needs to get rid of dirt- currently it is piled out back but there is not much room left.

Instead of a new pick-up for 2020, would the Board consider purchasing a new/used tractor/mower?

The future for the highway department: roof project, shoulders on Willard Road, cut brush and shoulders, Coles Creek new piping, pipe on Willard Road, haul sand in August

The pellet boilers at the municipal building are running well, when it is very cold, the fuel oil furnace does turn on.

PUBLIC COMMENT

Charlie McGrath spoke to the Board concerning the Massena Library wanting to change to a School District Library, which would transfer 22% of their budget to Louisville property owners when there are only 660 active (7% of population) cardholders in Louisville. The library charter reads “people of the Town of Massena” so they need to change the charter. Currently a man in LeRay is suing in Watertown concerning the same issue- Mr. McGrath will research that case. Currently Mr. McGrath understands the time line to be petition -March 2020, resolution to school board, and vote in June of 2020. It will be on the September School Tax- and will be about $1.00 per $1,000.00 of assessment—if your home is assessed at $100,000.00 then your school library tax will be about $100.00. There are no exceptions or STAR relief. Supervisor Legault will talk to the Town Attorney for recommendation. Brasher and Norfolk are on board with Louisville to rally to stop this from happening. Councilman Carroll would like to see a web page developed for this.

Wanda Flynn asked about internet service on SH 37. She will attend a meeting with Supervisor Legault and SLIC.

COMMUNICATIONS AND PETITIONS: family of Ron Robinson, Seaway Valley Senior Citizens, NYPA, Selective Insurance, Liberty Utilities, Tax Collector Orosz, SLC Youth Bureau, NYS Plowing December 2019, NYPA Emergency funds, statement of assets 12/31/2019, computer quote, water account approval, trial balance report 2020, fund balance policy, Supervisor’s Report, budget adjustments, Code Enforcement report, and Valley Water Solutions

Moved by Councilwoman Schneider, seconded by Councilman O’Keefe and duly carried to pay Seaway Valley Senior Citizens $850.00 as per the 2020 budget.

$109,111.00 was received and deposited from NYPA for 2020 O&M.

Brooks Washburn quoted $6,464.00 for work associated with the roof replacement on the old barn such as preparing the project to go out to bid. Since we will be doing the project in house, Supervisor Legault will contact the firm and get the prints needed to complete the job.

$83,600.14 was received and deposited from Selective Insurance for the damaged roof. If we replace the roof, we are eligible for up to $20,495.33 more.

The Water Relevy for $70,320.18 was received and deposited.

$287,833.00 was received from the Louisville Tax Collector as per the 2020 budget.

$1,000.00 was received and deposited for the 2019 Louisville Youth Bureau.

$1,211.52 was received and deposited for the NYS Plowing through December 2019. The $85,000.00 advance has been accounted for.

$2,932.00 was received and deposited from NYPA 2020 emergency funds.

The fixed asset report dated 12/31/2019 for $35,255,154.70 was reviewed.

Moved by Councilman Thompson, seconded by Councilman O’Keefe and duly carried to credit water account #1430 all outstanding fees after SLC Treasurer paid $632.65. The Town purchased this property in the tax auction, the county paid past water outstanding but a new bill was generated before the property transfer was complete.

Tax Collector Orosz reported that as of 2/10/20, she has collected $1,672,618.32 or 77.02% of the Town and County Property.

The Board discussed the rewording of the Fund Balance policy to include when interest will be charged to departments. In addition, it was discussed in length whether to move any funds now for the 2019 budget. Moved by Councilwoman Schneider, seconded by Supervisor Legault to move $10,000.00 to the Highway Retirement account for 2019. The vote was as follows: Councilwoman Schneider- Aye, Supervisor Legault- Nay, Councilman Carroll- Nay, Councilman O’Keefe- Nay, and Councilman Thompson –Aye. The resolution did not pass. Moved by Councilman O’Keefe, seconded by Supervisor Legault and duly carried to move $10,000.00 by the end of 2020 and $5,000.00 each year thereafter to the Highway Retirement account. The policy will be rewritten as follows:

The General Capital Fund will be a depository of non-budgeted revenues that may be used, for loans to various budget categories for equipment purchases- such as Highway- truck, Community Center- Zamboni, etc. – to be paid back with interest (rate to be determined by the Town Board). Short-term interfund transfers (630 Due to/391 Due from) will pay no interest. A percentage or a specific amount of those non-budgeted revenues may be deposited in other capital accounts as needed and voted on by the Town Board.

The Community Center Capital Fund will be funded with a budgeted amount of $10,000.00 (ten thousand dollars) each year. If so voted by the Town Board, an additional amount of any non-budgeted revenues (ex: high flow funds) may be added to the fund.

The Highway Retirement Capital Fund should be funded to the value of $65,000.00 (sixty-five thousand dollars) to be raised by the amount of $5,000.00 (five thousand dollars) per year of any non-budgeted revenue by a vote of the Town Board.

The Highway Asset Capital Fund shall be funded by non-budgetary revenues as voted on the Town Board up to the amount of $65,000.00 (sixty-five thousand dollars) per year to be reviewed annually.

Water Districts 1, 2, and 3 Reserve Accounts will be funded by the Reserve line on each bill.

Lighting Districts 1, 2, 3, and 4 will be funded by taxes paid by those living in each district.

The Summer Bash Fund will be funded by donations and a budgeted amount voted on by the Town Board.

The US Department of Commerce US Census Bureau 2019 building report has been completed by Code Officer McManaman showing 3 new stick built homes totaling $950,000.00.

Valley Water reported that heavy winds and very low water levels caused the river bottom to be stirred up creating very short filter runs for about 10 days in the month of January. People may have noticed a smell in the water.

OLD BUSINESS

Report on Task Force for NYPA: Supervisor Legault will be meeting with NYPA Government Coordinator, Joe Leary concerning options for the Massena Country Club.

The bids for the Massena Intake have gone out.

RVRDA broadband project: Supervisor Legault has contacted Jim Reagan at Senator Ritchie’s office.

Update on the NYPA Energy Efficiency Program: The new lighting at the arena has all been installed.

Water District #4: Moved by Councilman Thompson, seconded by Supervisor Legault and duly carried to pass the Resolution setting the Referendum Date and Time and the Ballot Proposition as follows:

WHEREAS, Capital Consultants Architecture and Engineering duly filed a map, plan and report in the office of the Town Clerk of the Town of Louisville on November 13th, 2019, and the said Town Board did on December 11th, 2019, duly adopt an order reciting a description of the boundaries of the proposed district, the maximum amount proposed to be expended for the improvement, the proposed method of financing to be employed, the fact that a plan, map and report describing the same are on file in the Town Clerk’s office for public inspection and specifying that said Town Board shall meet at the Town Hall, Town of Louisville, New York on the 8th day of January 2020, for the purpose of conducting a public hearing on such proposal to establish the water district with the specified improvements and to hear all persons interested in the subject thereof concerning the same, and

WHEREAS, copies of said order were duly published and posted according to law, and said Town Board did, at the time and place specified in said order, duly meet and consider such proposal and heard all person interested in the subject thereof, who appeared at such time and place, concerning the same, and

WHEREAS, the maximum amount proposed to be expended for such improvement is $5,790,000.00, and the cost to a typical property owner within the proposed District is $800 per year,

WHEREAS, the Town Board, Town of Louisville, in the County of St. Lawrence, found and determined as follows:

(1) That notice of the hearing was published and posted as required by law and was otherwise sufficient;

(2) That all of the property and property owners, within the proposed Water District are benefited thereby;

(3) That all of the property and property owners benefited are included within the proposed Water District; and

(4) That it is in the public interest to establish the proposed Water District as hereinafter described, and

WHEREAS, the Town Board did approve the establishment of a Water District to be known as Louisville Water District No. 4, as described and set forth in the map, plan and report of Capital Consultants Architecture and Engineering filed in the Clerk of the Town of Louisville on the 13th day of November, 2019, and

WHEREAS, the Town Board of the Town of Louisville resolved that the improvements as set forth in the map, plan, and report of the said Capital Consultants Architecture and Engineering to be located in said district be constructed upon the required funds being made available or provided for the Water District, and

WHEREAS, the Town Board of the Town of Louisville resolved that the proposed improvements, including cost of rights of way, construction costs, legal fees and other expenses shall be financed as follows:

USDA RD Grant $1,730,000.00

USDA RD Loan $2,427,300.00 for 38 years

NYS Water Infrastructure $1,632,700.00

Improvement Act or other

Grant Source

Total Project Cost $5,790,000.00 , and

WHEREAS, the Town Board of the Town of Louisville resolved that the resolution establishing the district be subject to a mandatory referendum, pursuant to the Town Law of the State of New York, be it hereby

RESOLVED, that a referendum be held the 10th day of March, 2020, in the Town Hall of the Town of Louisville between the hours of noon and 8:00pm on that day; and be it further

RESOLVED that absentee ballots must be postmarked for return no later than March 10th, 2020; and be it further

RESOLVED, that the ballot proposition shall read as follows:

Proposition Number 1

Shall the Town of Louisville create and construct Louisville Water District No. 4, upon the required funds being made available, as described and set forth in the map, plan and report of Capital Consultants Architecture and Engineering filed in the office of the Clerk of the Town of Louisville on the 13th day of November, 2019, with the proposed improvements costing a typical property owner within the proposed District $800 per year, and financed as follows:

USDA RD Grant $1,730,000.00

USDA RD Loan $2,427,300.00 for 38 years

NYS Water Infrastructure $1,632,700.00

Improvement Act or other

Grant Source

Total Project Cost $5,790,000.00

Yes_____ or No________

Moved by Councilwoman Schneider, seconded by Councilman Thompson and duly carried to set a water district #4 informational meeting for March 4, 2020 at 6:30pm at the Louisville Fire Station #2. A letter to all property owners explaining the project and voting procedure will be mailed.

Tisdel Associates have not completed the PERC tests on Wilson Hill surplus property. The invoice will not be paid until the test are completed and reports have been received by the Town.

The Board has reviewed the draft of the Open Burning law.

Moved by Councilman O’Keefe, seconded by Councilwoman Schneider and duly carried to pass a resolution setting status under SEQR and Assuming lead agency status for #1-2020 Louisville Open Burning Law as follows:

Whereas, the Town of Louisville, hereinafter referred to as the “Town”, is considering a local law to regulate open fires I the Town; and

Whereas, the Town of Louisville Town Board must evaluate all proposed actions submitted for its consideration that may affect the environment in light of the State Environmental quality Review Act (SEQRA) and the regulations promulgated thereunder; and

Whereas, the involved agencies (as the term is defined in 6(A-2) NTCRR 617.2 (t)) include the NYS Department of Environmental Conservation and the required environmental review will be conducted solely by the town of Louisville Town Board; and

Whereas, the Town of Louisville Town Board desires to serve and act as the lead agency for the purposes of SEQR; and

Whereas, to adi the Town of Louisville Town Board in determining whether the action may have a significant impact on the environment, a Full Environmental Assessment Form will be prepared by the Town and a copy will be filed with the Town Clerk.

Now, Therefore, be it resolved, by the Town of Louisville Town Board of the Town of Louisville that:

The Town of Louisville Town Board makes the following finings and determinations with respect to the proposed project:

The project constitutes a “Type 1Action” as that term is defined in Section 6(A-2) NYCRR Section 617.2(kk) and 617.11;

The Town of Louisville Town Board desires to serve as lead agency for the purposes of SEQR.

The Town Clerk shall cause the NYS DEC as the other involved agency to be notified of this resolution

The public hearing for local law #1-2020 Open Burning Law in the Town of Louisville will be held March 11, 2020 at 6:30pm with the regular meeting to follow.

Arconic Boat Launch: Town Attorney Gustafson recommends that we do not sign the agreement with Arconic. We should make them assume the liability until the contract is settled.

Neighborhood Watch update Clerk Cameron will talk to the SLC Highway Department concerning neighborhood watch signs.

Massena Country Club is collecting dues from members for the upcoming season.

Town Audits, to be completed by Councilman O’Keefe, have been scheduled.

The Town Board is not in favor of the Massena Public Library tax change. Supervisor Legault should contact Attorney Gustafson to see how to block this from happening. Moved by Councilman Thomson, seconded by Supervisor Legault and duly carried to oppose the formation of a Massena Central School District Library.

The surplus insulation sold for $1,525.00.

NEW BUSINESS:

The Summer Bash will be held June 19, 20 and 21, 2020 and the next organizational meeting for the Bash will be Feb 27, 2020, 7:00pm at the municipal office.

Moved by Councilman Carroll, seconded by Supervisor Legault and duly carried to request SLC Highway Department for the painting and paving of roads in Louisville for the year 2020.

Moved by Supervisor Legault, second by Councilman Carroll and duly carried to allow Highway Superintendent Seguin to temporally close Town of Louisville Roads to vehicles over 4 tons per axle when he deems necessary.

Moved by Councilman O’Keefe and seconded by Councilwoman Schneider to add Mike Legault $250.00 and Pease and Gustafson $754.76 to the February abstract. The vote was as follows: Supervisor Legault- Aye, Councilwoman Schneider- Aye, Councilman Carroll- Nay, Councilman O’Keefe- Aye and Councilman Thompson- Aye. The resolution passes. Councilman Carroll has stated that he voted against this resolution because the Pease and Gustafson invoice concerned the purchase of the land at 735 CR 39 and he previously voted against this.

REPORT FROM COUNCILMEMBERS:

Councilwoman Schneider is working on updating the policies. The job description for the Recreation Director needs to be updated- she will work with Councilman Thompson. The care of animals in case of a disaster is becoming an active topic again.

Councilman O’Keefe would like a letter sent to the State Police concerning the speed on Whalen Road and another application sent requesting a reduction. Moved by Councilman O’Keefe, seconded and Councilman Thompson to apply for a speed reduction on Whalen Road. The vote was as follows: Supervisor Legault- Aye, Councilwoman Schneider- Aye, Councilman O’Keefe-Aye, Councilman Carroll- Nay, and Councilman Thompson- Aye. The motion passes.

Councilman O’Keefe has received a letter from Shawn Kellogg concerning the arena building. Such things as the scoreboard stairway access, women’s bathroom, floor around the bleachers, girl’s locker room, wall covering, dehumidifier, and matts are discussed in the letter. Councilman O’Keefe is going to use the RVRDA grant application to address the fog (dehumidifier issue).

Councilman Carroll wondered about the staging area that NYPA is using on the Gramuglia property (formerly Louisville School). Supervisor Legault explained that the Town did approach NYPA about leasing land to the Power Authority, but they chose the school property.

Councilman Thompson inquired how the water line is going to be installed at the Massena Intake.

REPORT FROM THE TOWN CLERK:

The Town will accept insurance quotes for all town properties this year.

John Beattie answered 168 dig safely request in 2019 and Supervisor Legault answered 5.

Moved by Supervisor Legault, seconded by Councilwoman Schneider and duly carried to void the water district #3 portion of the budget resolution in the October 16, 2019 meeting minutes because it was repeated in the December 2019 minutes.

Moved by Councilwoman Schneider, seconded by Supervisor Legault and duly carried to appoint Shawn Thompson as the Fishing League Worldwide Committee, as well as Shawn Thompson and Dan O’Keefe as designated town officials for reporting sexual harassment per town policy #9 Sexual Harassment Policy and designated Town Officials for reporting fraud as per Town Policy #19 Fraud Policy.

Moved by Supervisor Legault, seconded by Councilwoman Schneider and duly carried to declare the following assets as surplus and either put them out to bid (if they are saleable) or destroy them:

CCCB-056-1083 Sound System purchase in 2001 at the arena

H-090-0-329 Pressure washer in the highway department

H-022-1-256 a base radio station in the highway department

H-022-1-242 2 way radio in the highway department

H-022-40207 scanner in the highway department

The Wire Transfer and Online Banking Policy that is recommended to be on file for each Town was discussed. After much research, it has been determined that the Town does have this agreement in place with NBT Bank. Moved by Councilman O’Keefe, seconded by Supervisor Legault and duly carried to keep a blank agreement in the policy book- but the completed one (that contains account numbers) is with NBT Bank.

The LVFD contract could be updated to have two annual payments. It will be reviewed at budget time.

Justice Gettmann December 2019 report and monthly review report for $1,478.00 was reviewed by the Board.

Justice LeCuyer December 2019 report and monthly review for $1,659.00 and January report and monthly review for $2,410.00 was reviewed by the Board.

The Town Clerk report for the month of January for $4,322.00 was reviewed.

General vouchers #39-20G-74-20G in the amount of $75,311.34, Highway vouchers #21-20H-43-20H in the amount of $97,282.27, Water vouchers #14-20W-25-20W in the amount of $10,397.97 and Capital vouchers #3-20C – 11-20C in the amount of $10,418.13 were reviewed and ordered paid.

PUBLIC COMMENT

Moved by Councilwoman Schneider, seconded by Councilman O’Keefe duly carried to adjourn the regular meeting at 9:55pm and enter into executive session to discuss the employment of a particular employee.

Moved by Councilwoman Schneider, seconded by Councilman O’Keefe and duly carried to exit the executive session at 10:12pm.

Moved by Councilman Thompson and seconded by Councilman Carroll to appoint Emily Wilkins as Recreation Director for the year 2020. The vote was as follows: Councilman Thompson- Aye, Supervisor Legault- Abstain, Councilwoman Schneider- Aye, Councilman O’Keefe- Aye and Councilman Carroll- Aye. The motion passes.

Moved by Councilman Thompson, seconded by Councilman O’Keefe and duly carried to adjourn the meeting at 10:15pm.

Respectfully Submitted,

Joanne Cameron

Town Clerk

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