Regular Meeting of the Louisville Town Board

REGULAR MEETING OF THE LOUISVILLE TOWN BOARD

TOWN OF LOUISVILLE, NEW YORK

JULY 12, 2017

BOARD MEMBERS PRESENT: LARRY LEGAULT, SUPERVISOR

GAIL SCHNEIDER, COUNCILWOMAN

PATRICK CARROLL, COUNCILMAN

DAVID MOULTON, COUNCILMAN (arrived 7:55pm)

DAN O’KEEFE, COUNCILMAN

HIGHWAY SUPERINTENDENT ABSENT: VERN FENLONG

Supervisor Legault called the meeting to order at 6:38pm.

Moved by Councilman Carroll, seconded by Councilwoman Schneider and duly carried to accept the June14, 2017 regular meeting minutes.

OPEN BIDS FOR SALE OF SURPLUS PLAYGROUND EQUIPMENT

2 bids were received. McGregor bid $75.00 on the merry-go-round and LaPrade bid $176.00 on the merry-go-round and $26.00 on the monkey bars. Moved by Councilman O’Keefe, seconded by Councilwoman Schneider and duly carried to accept the bids from LaPrade for the monkey bars and merry-go-round. The rest of the surplus equipment will be held for now.

SLC Legislator Lisa Bell reported that our workman’s compensation rate will be decreasing by 27% or $10,534.00. This is because SLC is using a different formula to divide the costs. The amount is charged on the SLC chargebacks in the Town and County January Property Tax bill. Also, the 8% sales tax rate was approved by NYS and this quarter sales tax revenue is up.

REPORT FROM SUPERVISOR OF RECREATION AND MAINTENANCE DEWEY LAVALLEY:

The summer bash was a success- but the weather could have been better. The lawnmower races for the Lion’s Club will be held on August 20th and soon NYPA’s annual inspection of the facilities. The Summer Recreation bus program is at the Community Center in the morning. The summer labor crew for mowing and maintenance has been working very well.

Councilwoman Schneider asked that the weed-eating be done at the park when there are no children on the playground and that mulch be added around the playground at Whalen Park. Supervisor of Recreation Maintenance LaValley stated that the mulch will be discussed with the Power Authority to add mulch like we have at the Community Center and the mulch for the rest of the Town properties will be fresh ended up.

REPORT FOR HIGHWAY SUPERINTENDENT FENLONG:

Councilwoman Schneider asked that no parking signs be put back up along the causeway. They are usually only up in the winter. There are many kids running back and forth across the road and someone is going to get injured. The people that attended the Wilson Hill Association meeting requested a speed reduction for the causeway. Supervisor Legault suggested that a letter be sent to NYS Troopers to patrol the area. Moved by Councilwoman Schneider, seconded by Councilman Moulton and duly carried to request a speed reduction for the causeway and wait on signage until the results from the request are in.

Also a resident of Tucker Terrace attended the Wilson Hill Association meeting and was inquiring if the road will be widened to a full size when it is repaved this year.

Councilman Moulton would like to request patrolling of the Willard Road and the hamlet of Louisville by the NYS Troopers and SLC Sherriff’s Department.

PUBLIC COMMENT

COMMUNICATIONS AND PETITIONS: Hurlbut family, Water Wise Inc., SLC Self Insurance Plan, Association of Towns, SLCIDA, NYS Department of Public Service, NYS Comptroller, Kimco Steel, Mortgage tax payment, Supervisor’s report and budget update, and Code Enforcement

SLC Self- Insurance Plan Risk Manager Paul Baxter, visited the Highway Department earlier this month. Supervisor Legault will make copies of the reports that should be completed if there is an incident, accident or illness related to the workplace and distribute them to Highway Superintendent Fenlong and Supervisor or R&M LaValley. He will then meet with them and the Deputy Highway Superintendent to review them.

The Association of Towns has submitted a memo of opposition to the NYS Volunteer Firefighter Enhanced Cancer Disabilities Benefits act.

The formal letter awarding the Town of Louisville with grant funding in the amount of $28,600.00 to replace the lift for the community center was received by SLCIDA. Supervisor Legault will move forward with the project.

Moved by Councilwoman Schneider, seconded by Councilman Moulton and duly carried to approve the completed standard workday and reporting resolution for elected and appointed officials as follows:

Be it resolved, that the Town of Louisville hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the NYS and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials: Town Supervisor, Larry Legault, standard work day 6 hours, term 1/1/16-12/31/19, record of activities result 15.17 days per month. Highway Superintendent, Vern Fenlong, standard work day 8 hours, term 1/1/16-12/31/19, record of activities 25.67 days per month. Laborer, John Beattie, standard work day 8 hours, term 1/1/15-12/31/17, record of activities result 28.5 days.

Kimco Steel payment in the amount of $319.55.

$10,286.44 was received and deposited as the first mortgage tax payment for 2017.

The second quarter 2017 water billing totaled $59,916.05 for water district #1, $41,748.96 for water district #2, and $78,119.53 for water district #3.

The Board would like new owner of 644 CR 39 to be put on the code report- Larry Dorr is deceased. They also inquired as to why the McGay property and the Boyce lawn maintenance complaint are not on the complaint listing.

WATER REPORT

Supervisor Legault reported that the discharge line at the water treatment plant was plugged which was preventing the sub pumps from discharging the water and allowing the plant to flood. He hired Ben Gladding and Bub Layo to repair the line. The Village of Massena also helped and new commercial pumps were installed.

The electrician will be called to install new heaters in the water tower buildings before winter.

OLD BUSINESS:

The Massena Intake upgrades will be going out to bid soon. The next RVRDA meeting date is unknown.

We are waiting to receive all of the playground installation bills before closing out the project with RVRDA. Councilman O’Keefe will be purchasing rubber mats, bleachers and benches with any remaining funds.

The Town has not received the payment for the old invoices from NYPA. Clerk Cameron will contact Mark Slade for an update.

Councilman O’Keefe contacted Senator Richie’s office concerning the grant for the kayak docks. Jim Regan reported that we should see the contract in a month or two. The dates for the permits will be checked and maybe the equipment can be purchased this fall and install the concrete.

Danielle Benati and Supervisor Legault met last Thursday concerning the Grasse River Blueway Corridor. They walked areas of the town along the Grasse River such as the SH 37 bridge access point, Massena Rod and Gun Club, Pat Curran property on Patterson Road and CR 39 Bridge access and parking lot. Supervisor Legault may contact Kendra Smith and ask if she wants to give the area of flat rocks next to the Town CR 39 parking area to the town. The group is also discussing possibilities for the old town hall.

The summer bash was well attended for the weather. At the wrap up meeting it was decided that the community picnic will be held on Sunday in 2018 instead of the lawnmower races.

The Emergency Services Agreement with NYPA is being reviewed by Attorney Gustafson.

Attorney Gustafson and Kevin Feuka from C2AE are sending references for a market analysis for a future campground to be located at SH 131 Mutton Ridge.

Supervisor Legault contacted NYS Teamsters concerning the expiring contract. Mickey Smith will get back to us with a meeting date. Supervisor Legault and Councilman Moulton will meet with him first and report back to the Board.

Concerning the purchase offer for the two lots on SH 131. Councilman O’Keefe has spoken to our attorney. The SHPPO is not our concern and we can change the paperwork to read that the buyer pays all the closing costs- which will be about $2,300.00. The path and the perk test will be completed and the Town will pay for them. Moved by Councilwoman Schneider, seconded by Councilman O’Keefe and duly carried to proceed with the perk test and the mowing of the path for the two lots on SH 131 and the buyers will pay all the closing costs. If all is acceptable to the buyers, then Supervisor Legault has authorization to sign the purchase agreement in the amount of $140,000.00 for lot #2 (part of tax map #8.056-3-2) and lot #3 (part of tax map #8.056-3-2).

The annual 5K Turtle Trot had 153 participants at Whalen Park this year. This fundraiser is put on by the Wilson Hill Association and all profits go to the LVFD.

Supervisor Legault will review what is happening with the Massena/Louisville Water Agreement.

NEW BUSINESS:

The NYS 2% fire tax in the amount of $3,666.37 was received. The funds will be sent to the LVFD along with the checks cut for the July abstract.

The Board would like to present Larry Reynolds with a plaque. Clerk Cameron will contact him to see if he will attend a meeting.

Supervisor Legault stated that the copier in the office may be failing. Councilman O’Keefe will look into a new copier or having this one serviced.

The water law amendment will be done to add an example of how customers will get credit for wasted water. The example reads as follows: To figure the amount to be credited, take the total amount of gallons of water used for the quarter (including the wasted water), minus either the minimum quarterly usage of 12,000 gallons or the normal average usage of gallons for that time period, whichever is more. Divide the result by 2 and then multiply by the O&M Rate for the water district that the customer is located in. For example: Total amount of water used for the quarter: 500,000 gallons Average amount of water used during quarter: 15,000 gallons (Average usage for that same time period)

500,000 gallons – 15,000 gallons = 485,000 gallons

485,000 gallons divided by 2 = 242,500 gallons

242,500 gallons multiplied by .0027 ($2.70/1000 gallons) = $654.75

The water law was also discussed. The Board discussed who is responsible for replacement parts- the water district or the property owner. A special meeting will be held to discuss possible changes to the law after the Clerk and Town Supervisor talk with the Town Attorney. There are areas of the law that as the system ages, are now becoming questions- such as when a property owner removes the building from the property, when do you stop charging them a full edu and water usage. Also, although the water law states that the property owner is responsible for all fixes after the curb stop, the water districts and construction projects have fixed most of the problems to date. Water Superintendent Legault stated that we have to start enforcing the law to keep water rates constant and the districts solvent. There was discussion as to meter pits and if the meter includes the parts surrounding the meter. Also the water tap application needs to be modified and easements need to be reviewed.

Councilwoman Schneider would like check valves installed for all properties with water.

REPORT FROM COUNCILMEMBERS:

Moved by Councilwoman Schneider seconded by Councilman O’Keefe and duly carried to accept Emergency Operation Plan policy amendments. The policy reads as follows:

TABLE OF CONTENTS

Certification i

Table of Contents ii

Preface iii

Disaster Response Plan:

Purpose, Authority, Preparedness, Mobilization 1-2

Responsibilities, Sequence of Action 3-4

Designation of Emergency Interim Successors 5

Documentation 6

List of Potential Disasters Figure 1 7

Staffing Flow Chart Figure 2 8

Standard Operating Procedures (SOP) 9-18

PREFACE

1.  A wide variety of emergencies caused by nature or man may result in loss of life or property to our citizens.

2. Town government must provide the leadership and direction to prevent, mitigate and respond to

these emergencies and disasters.

3. The Town, to meet this responsibility, will implement this plan in the event of an emergency or

disaster.

4. It shall be the responsibility and duty of the senior elected official, or their successor, to declare the

existence of such an emergency condition.

DISASTER RESPONSE PLAN

Town of Louisville

PURPOSE

The purpose of this plan is to minimize disasters or potential disasters and their effects, and provide for effective local responses when disasters occur and facilitate local recovery.

AUTHORITY

New York State Executive Law Article 2-B dated 1979. Under this law, the Town is authorized to prepare a Disaster Plan to enable it to deal effectively with potential disaster situations. Statutory authority is given to the Supervisor to designate and be responsible for an emergency situation occurring or affecting the Town. The Supervisor, or his/her successor, is the only person who may request assistance from the next higher level of government. For the town the next higher level of government is the County government. A line of succession shall be set up to designate who shall act as the agent for the Town when the CEO is unavailable or their arrival constitutes an unacceptable delay. CEO Supervisor Designee two council people Said Designee may, under those conditions where the Supervisor is unavailable or his/her arrival constitutes an unacceptable delay, issue a declaration of emergency which shall be followed by the steps required by Article 2-B dated 1979