ORGANIZATIONAL AND REGULAR MEETING · Web viewThat John Beattie will be paid $3,640.00 for maintenance work in Water District #2 for the year That John Beattie will be paid $3,640.00

ORGANIZATIONAL AND REGULAR MEETINGTOWN OF LOUISVILLE, NEW YORK

JANUARY 13, 2016; 6:30PM

BOARD MEMBERS PRESENT: LARRY LEGAULT, SUPERVISORGAIL SCHNEIDER, COUNCILWOMANDAVID MOULTON, COUNCILMANPATRICK CARROLL, COUNCILMANDAN O’KEEFE, COUNCILMAN

HIGHWAY SUPERINTENDENT ABSENT: VERN FENLONG

Supervisor Legault called the organizational meeting to order at 6:36PM and welcomed David Moulton the Board

Supervisor Legault read the organizational agenda for 2016 as follows:

That Patrick Carroll be appointed Deputy Supervisor authorized to sign checks, pay warrants and payroll-

That Patrick Carroll be appointed to the Auditing Committee-

That David Moulton be appointed to the Safety & Building Committee-

That Dan O’Keefe be appointed to the Recreation Committee-

That Dan O’Keefe be appointed to the Water District Committee-

That Larry Legault be appointed as Water Superintendent-

That Dan O’Keefe & Gail Schneider be appointed to the Sale of Surplus Land Committee-

That David Moulton be appointed to the Highway Committee-

That Larry Legault and Gail Schneider be appointed to the Local Government Task Force Committee-

That Gail Schneider be appointed as liaison with the Louisville Volunteer Fire Department-

That David Moulton be appointed liaison with the Massena Volunteer Rescue Squad-

That Thomas Carroll Jr. be appointed to the St. Lawrence River Valley Redevelopment Agency-

That Gene Conte be appointed to the Shoreline Stabilization Board-

That Joanne Cameron be appointed as Registrar of Vital Statistics for the year at a salary of $2,275.00 and Lisa Orosz as Deputy Registrar for the year at a salary of $0.00-

That Lisa Orosz be appointed as the Deputy Town Clerk for the year at a salary of $0.00.-

That Larry Legault be appointed as Budget Officer for the year at a salary of $3,000.00-

That Anthony McManaman be appointed as Code Enforcement Officer for the year at a salary of $11,220.00-

That Carol Pulley be appointed as Historian for the year at a salary of $1,050.00.

That Eric Gustafson be appointed as Town Attorney on a per call basis-

That Lorraine Salamon be appointed Acting Assessor at a salary of $20,500.00 for the year-

That Rosanne Bender be appointed as Dog Control Officer for the year at $16.15 per call plus $0.50 per mile-

That Lisa Orosz be appointed as Water Accounts Clerk for the year at a salary of $13.80 per hour with an average of30 hours per week-

That Michele Stone be appointed as Clerk for the Code Enforcement Officer, Board of Appeals, and Planning Board at a rate of $13.80 per hour with an average of 20 hours per week for the year-

That Joanne Cameron be appointed as Deputy Tax Collector for the year 2016 at a salary of $0.00-

That Joanne Cameron be paid $13.80 per hour for duties involving Supervisor’s, Water District#1, #2 and #3 work for the year-

That Office Clerks Lisa Orosz and Michele Stone receive 2 weeks paid vacation for the year-


JANUARY 13, 2016; 6:30PM

That Christina Barber be appointed as Justice Court Clerk at a salary of $13,150.00 for the year-

That Michael Kerr and Jeff Laba be appointed Constable for the year at $11.30 per hour and $0.50 per mile-

That Todd Aldous be appointed as Accounting Clerk for the year at a salary of $2,150.00-

That Dewey LaValley be appointed as Supervisor of Recreation and Maintenance for the year at a salary $30,000.00 to be given 2 weeks vacation, same legal holidays as town employees, no sick days, no personal days and work week consisting of 40 hours with hours to be set as he sees fit-

That John Beattie be appointed as Recreation Maintenance worker will be paid $32,340.00 according to his contract for the year-

That Winter Recreation Employees (part –time help at the Community Center during the ice season) be paid $11.00 per hour for the year-

That Part-Time help at the Community Center not during the ice season will be paid $9.75 per hour for the year-

That John Beattie will be paid $3.640.00 for maintenance work in Water District #1 for the year-

That John Beattie will be paid $3,640.00 for maintenance work in Water District #2 for the year-

That John Beattie will be paid $3,640.00 for maintenance work in Water District #3 for the year-

That Joyce Vice will be appointed as Custodian to clean the Town Municipal Building at a rate of $120.00 per week for the year-

That Highway Superintendent Vern Fenlong be authorized to pay full-time Highway employee’s wages according to the Teamsters Union Contract for the year-

That Ken Pike be appointed Deputy Highway Superintendent at a salary of $0.00 for the year-

That Highway Superintendent Vern Fenlong is being authorized to pay part-time highway employees (not plowing) $11.00 per hour. Temporary employees plowing snow will be paid $18.59 per hour with no benefits for the year-

That Highway Superintendent Vern Fenlong is authorized to make purchases of tools, equipment and implements without prior approval from the Town Board, not to exceed $1,500.00 per each purchase-

That Highway Superintendent Vern Fenlong be authorized to make purchases of topsoil as needed not to exceed $5,000.00 per purchase-

That Highway Superintendent Vern Fenlong is authorized to assist St. Lawrence County and any Town in St. Lawrence County by using town equipment in helping out with Town or County work-

That the Town of Louisville has a hold harmless for the St. Lawrence County Highway Department-

WHEREAS, the Town of Louisville is desirous of St. Lawrence County Department of Highways providing shared services such as paving, shoulder work, signage, road stripping, blasting and other routine maintenance activities to the Town, and

WHEREAS, both the Town of Louisville and the County of St. Lawrence are desirous of promoting partnering efforts for the safety of the traveling public in St. Lawrence County, and

WHEREAS, in this joint cooperative endeavor, the Town of Louisville and the County of St. Lawrence to be reimbursed for their expenditures, and

WHEREAS, the Town is aware that the County may incur liability in the providing of the services and wishes to indemnify the County in this regard,

NOW, THEREFORE, BE IT RESOLVED that the Town of Louisville hereby agrees to defend, indemnify and hold harmless the County of St. Lawrence from and against liability, loss, damage, claim or action resulting from the work performed by St. Lawrence County Department of Highways. The Town of Louisville does not indemnify and harmless the County for any liability, loss, damage, claim or action with arises during the actual performance of services by the St. Lawrence County Department of Highways. Said St. Lawrence County Department of Highways and the County of St. Lawrence assumes the liability for losses, damages and claims for the actual performance of the work, and

BE IT FURTHER RESOLVED that the following request for General Liability (GL) coverage is as follows:


JANUARY 13, 2016; 6:30PM

General Liability Insurance on an “Occurrence” basis, with the following limits: $1,000,000 Each Occurrence, $3,000,000 General Aggregate, $1,000,000 Products Aggregate, $1,000,000 Personal Injury, $50,000 Fire Damage Legal Liability, $5,000 Medical Payment Expense,

BE IT FURTHER RESOLVED, that St. Lawrence County shall be an additional insured on the GL policy, via ISO endorsement CG2026.

That the Town purchase number 2 fuel oil, diesel fuel and gasoline under New York State contract-

That all Town Officials be allowed to attend any schools held for the purpose of better government at the expense of the Town with Town Board approval for the year-

That NBT Bank, Chase Bank, Key Bank, Community Bank and First Niagara Bank be named depositors for Town funds for the year-

That Supervisor Legault is authorized to deposit surplus funds into insured certificate deposits at Community Bank, Chase Bank, Key Bank, NBT Bank and First Niagara Bank-

That the Town of Louisville permanent asset cost be set at $500.00-

That mileage for all Town officials be set at $0.50 per mile for the use of personal autos for town duties-

That all elected officials be paid weekly, monthly, quarterly or annually at their request for the year-

That monthly Town Board meetings be set for the second Wednesday of the each month at 7:00 pm at the Louisville Town Office, public comment sessions will be limited to 10 minutes per person, per meeting for the year-

That the Massena Courier-Observer be the official newspaper for the town public notices for the year -

That Wilfredo Perez be appointed as Town Veterinarian for the year-

That the Board of Assessment and Review members be paid $175.00 per year and the Chairman of the Board be paid $200.00 per year and $0.50 per mile for the use of their personal auto for the year-

That the accounts for the Town Clerk and the Town Justice be reviewed monthly for the year-

That all other Town Accounts be audited annually –

That all existing Town Policies have been reviewed and adopted for the year-

That bids will be taken for any purchase over $20,000.00 for the year-

That three quotes are required for any purchase between $5,000.00 and $20,000.00 for the year-

That the Town Clerk be allowed to pay utility, postage and freight bills throughout the month as due. The paid invoices will be reviewed at the next regular Town Board meeting as part of the abstract-

That the salaries for the town elected officials for the year 2016 will be: Supervisor: $27,000.00 Highway Superintendent: $52,850.00 Town Clerk: $26,370.00 Tax Collector: $ 5,725.00 Town Justice: $ 9,480.00 each Town Council Members: $ 2,870.00 each

That Highway rates for work to be performed by Highway Department for the year 2016-Superintendent as per the NYS rateMachine Operator as per the NYS rateEquipment $55.00 per hourSand $ 9.00 per yardTopsoil $18.00 per yard#2 Stone at costCrusher run at cost

These rates will be used for re-billing all work performed by the Highway Department for capital projects, property cleanups, water department hook-ups, etc.


JANUARY 13, 2016; 6:30PM

Paid holidays for Town Employees who are not under Teamsters Contract-

January 1 New Year’s DayFebruary 15 President’s Day

March 25 Good FridayMay 30 Memorial Day

July 4 Independence DaySeptember 5 Labor DayOctober 10November 8 Election DayNovember 11 Veteran’s DayNovember 24 Thanksgiving DayDecember 23 Christmas EveDecember 26 Christmas

Moved by Councilman O’Keefe, seconded by Councilwoman Schneider and duly carried to accept the organizational agenda for the year 2016.

Supervisor Legault called the public hearing concerning the updating of the local water law to order at 7:00pm.This meeting has been called to make the following three updates to the local water law:

1. Section 290-10A: add the definition of an improved lot as follows:2. Section 290-17A: 5% penalty will go into effect 10 days after the due date and will be charged on the current bill3. Section 290-18B: amount outstanding for relevy must exceed $10.00

Moved by Councilwoman Schneider, seconded by Councilman O’Keefe and duly carried to update the local water law with the three updates and include the updated law in its entirety to the minutes as follows:

Water Law Town of Louisville

PURPOSE & LIMITATIONS OF SERVICE

The Town Board recognizes that the future health, safety and prosperity of its residents and businesses depend upon an adequate supply of clean, potable water and the establishment and ongoing maintenance of an effective water system owned and maintained by the Town of Louisville. Such can only be assured through careful, vigilant regulation and a local law which provides the mechanisms and safeguards to prudently manage, conserve and distribute this valuable but limited resource and assures the funding necessary to achieve these goals.

While it is the desire of the Town to provide such water to all who have reasonable need for the same and are willing to abide by the conditions of service and pay the necessary charges, all users of the system, present and future, should be aware of the following limitations, which the Board deems to be reasonable and necessary.

A. The first priority is to assure a fair and equitable distribution of water, with adequate pressure to

all residents and businesses of the Town, with due regard to the fact that there must be a sufficient reserve within the Town water system to provide for growth and development, adequate fire protection, other emergencies, droughts and the unexpected.

B. All of the users of the system must recognize that the Town may, in its discretion, interrupt and/or withhold service to everyone using the system, from time to time, for emergency and maintenance purposes, and/or that the water supply or pressure may be discontinued, delayed, diminished and/or interrupted due to water shortages for whatever reason.

C. The Town has never been, is not and cannot be guarantor of adequate water service sufficient to

meet the desires of everyone, and those who choose to use the system accept that risk. The Town does, however, assure the users of its system that it will, as it has in the past, do its best to properly maintain its system to the best of its ability and with the health, safety and well-being of the user in mind, but subject to the conditions expressed herein.

D. The Town has deemed it necessary to impose the following charges and/or metering requirements but notes that the same are subject to change as necessary, simply because the Town cannot provide the service its users require and deserve unless it is provided with the funds to do so.


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E. The user must also recognize that the Town can only establish taps, make connections, perform maintenance and repairs and the like as promptly as labor, materials and budgetary constraints permit.

F. Any and all current or future users accept continued or future service subject to the above basic

purposes and limitations and the terms described herein, as their use of the Town water supply constitutes a contractual relationship whereby the user, in return for a supply of water, agrees to the policy, purposes, regulations and penalties set forth herein, agrees to pay the rates established and also agrees to allow the Town employees or assignees access to the user’s property for the purposes hereinafter mentioned.

ARTICLE 1 General Provisions

-290-1. Regulations to be part of contract; compliance required; approved meter required.

A. The following laws, rules, and regulations established by the Town Board of the Town of Louisville, or as amended or modified, are made a part of any and all agreements or contracts with each consumer, taker or user of water furnished, directly or indirectly, from the mains of said Town. The following definitions shall apply all Articles of this local law:

1. Town — shall mean the Town of Louisville. 2. Town Board — shall mean the Town Board of the Town of Louisville. 3. Superintendent — shall mean the Town Water Plant Superintendent appointed by the Board, or his/her duly appointed employee, contractor, agent, or assignee.

B. Each and every resident of the Town Water District(s), consumer, user or taker of water from Town water systems shall be bound by, and shall be considered to have agreed to, the rules, regulations, requirements, conditions and schedules of water rates and other charges herein or amended or modified by the Town Board as a condition precedent to the rights of service from said water system. Further, all such rules and regulations apply to residents of the Water District(s) of the Town.

C. All premises using the Town water supply must use a meter approved by the Town and owned by the Town. The Superintendent is a duly authorized representative of the Town with regard to the Town and the Town water district system’s operation and maintenance.

- 290-2. Permanent and temporary connections.

A. Permanent connections.

1. Parties desirous of connecting to the water system of the Town shall make application for permission to the Town Clerk or designee, on a form acceptable to the Superintendent, and which shall be accompanied by the application fee prescribed pursuant to this local law and/or the other valid requirements of the Town Board. After completion of the application and full payment of any fees, the Town Clerk shall promptly transmit the same to the Superintendent. It shall be in the discretion of the Superintendent, to fix and determine the charges for this service, in accord with current labor and material costs. 2. No person or persons shall make connection to the mains of the water system of the Town, except the duly authorized representatives of the Town.

3. The installation of a service pipe from the curb box to the meter shall be to the satisfaction of the Superintendent. The curb stop shall remain closed and shall not be opened by anyone other than the Superintendent.

4. All materials, the method, manner and location of same and the general arrangement and progress of the work shall conform to the specifications contained in the regulations of the New York State Department of Health and shall also conform to the standards and specifications of the original construction of the water district in which the premises is located. In the event of a conflict between the two, the Department of Health Regulations shall control.

5. No work shall be performed until the owner or applicant has obtained the necessary road crossing permit from the proper authority.


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6. A separate tap and service shall be installed for each premises located on a Road in which there is a water main, and no connection will be allowed to supply water to another person or premises except with the written permission of the Town. When the word ‘premises’ is used herein, it shall be taken to designate:

a. A building under one roof, owned or leased by one person or occupied as a residence or for business, industrial or commercial purposes, except for accessory buildings as defined by the zoning code.

b. Each premises having its own frontage upon a road having a water main shall have its own individual service; except, however, that, in all cases where two or more buildings on the same lot have frontage on the road upon which there is a water main, the buildings which do not have a water service may connect onto the water line of the building having such a service, provided that when such connection is made, due notice is given to the Superintendent before any connection is made so that the Superintendent may place a separate meter for each building using water under such conditions.

7. The minimum size service pipe to be installed shall have a diameter of no less than 3/4 inch, as determined by the Superintendent at the time of application.

8. No connection of any kind shall be made to the service pipe between the main and the meter.

9. Where an application is made for a connection for which an existing service pipe is provided to the curb box only, all work shall be performed in accordance with these rules, regulations and specifications, as far as they are applicable. The connections shall be made at the curb stop instead of at the main. It shall be the duty of the applicant or his/her agent to determine that the portion of the connection previously installed is in satisfactory condition and to make any repairs thereto which may be required by the Superintendent, all of which shall be at the expense of the applicant. Detailed methods of connection to the existing service pipe shall be in accordance with the instructions of the Superintendent. The applicant must pay the charge which is applicable to the service connection previously installed upon application for such service connection.

10. Where an application is made to increase the size of the service pipe or for any other change to be made in said pipe which serves any consumer, the corporation stop controlling such service must be closed at the main prior to any withdrawal of water through the reconstructed service pipe.

11. The connection of any pumps or heat pumps or similar devices, which extract heat or cold from water, to the Town water supply is expressly prohibited.

B. Temporary connections. Those desiring the use of water for temporary purposes other than from temporary connections to the main shall make application therefore to the Town, setting forth in detail the reason therefore and the exact use which is to be made of the water, and the Town may issue the necessary permit under such terms and conditions as it may determine.

1. All physical connections which may constitute potential cross-connection are prohibited unless constructed, maintained and operated in accordance with the provisions of the New York State Sanitary Code, Chapter 1, Subpart 5-1, Section 5-1.31 or any amendment thereof. . It shall be unlawful for the owner of property or the user of Town water, or both, to introduce or permit the introduction into the Town water supply system of pollution or contamination of any kind. Whenever cross-connection to other water supply into the Town system is found or whenever any other condition is found which presents the possibility of contamination or pollution, the water supply to such premises and/or other premises from which cross-connection is made shall be discontinued immediately until the cross-connection is eliminated or the condition remedied. The Superintendent may permit or require a backflow prevention device of pattern and design which the New York State Department of Health approves as reasonably adequate to prevent contamination if the operator determines that a complete physical separation from the Town water system is not practicable or necessary or that adequate inspection for cross-connection cannot readily be made or that such backflow preventer is necessary because of existing or possible backflow resulting from special condition, use or equipment. Any corrective measure, disconnection or change on private property shall be at the sole expense of the person in control of such property. Any changes required in the Town system outside the property or between the meter and the supply line or distribution system and any charges for cutoff or disconnection shall be added to the charges for water against the premises necessitating such expenditure.

2. Swimming Pools Filling will be in accordance with the following Policy. The policy may be amended periodically by the Town. The following are conditions and regulations regarding the filling of pools. These conditions shall not be deviated from and may be periodically amended by the Town. The program is intended to fill pools that are entirely empty. A chart is available from the Town for reference with regard to volume calculations. The topping off of pools or partial filling is not generally supported. If however, partial filling is requested and performed the charges will be based on filling the entire pool.


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a. All users must request pool filling from the Superintendent. b. Minimum of 3 Business days shall be allowed for scheduling. c. Customer shall be responsible for charges established by the Town Water Superintendent at time of filling. At the current time the rate is $100.00 plus $6/1,000 gallons of determined pool volume. d. Pool filling shall be done at the discretion of the Superintendent as time, money, and work schedule shall allow.

Note: water may be discolored due to turbulence in the water main. Town and Superintendent assume no liability due to this occurrence, nor does it assume liability for damage to any pool or property.

- 290-3. General regulations.

A. Except in cases of fire, no person or persons shall take water from the fire hydrants of said Town for any purpose whatsoever without having obtained a special permit from the Town, which permit shall be conditioned in accordance with the circumstances involved at the discretion of the Town, and, in case of fire, said fire hydrants shall be opened and water taken there from only by Town employees or active members of the Fire Department.

B. No work shall be performed upon the Town mains or upon services connected thereto between the main and the curb stop, except by employees or agents of the Town.

C. The consumer is required to notify the Superintendent of any leak occurring in or damage to the service line. In such case the water will be turned off at the curb stop and shall remain turned off until the leak or the damage is repaired to the satisfaction of the Superintendent. All repairs to the service line between the curb stop and the water meter shall be made by the town at the consumers’ cost and expense. The repairs to the service line between the main and the curb stop shall also be made by the Town at the expense of the Town. In all cases, repairs shall be made in conformity with the specifications for new services insofar as they may be applicable. Nothing in this section shall be construed as violating any agreement heretofore entered into between consumers served through improved and accepted services and the Town, nor is it to be construed as affecting any future agreements similar to the ones heretofore executed.

D. If it is desired to abandon a service, the Town shall be notified, and the service will be disconnected at the meter. The work shall be performed at the expense of the owner. A new service pipe will not be provided for an applicant while a disconnected service is disconnected in accordance with this provision.

E. The Superintendent, as a duly authorized representative of the Town, shall have control of the installation, maintenance, repair and adjustment of taps, mains, curb boxes, service pipes and meters. The Town shall not be responsible for breaks, obstructions or interruption in service arising from any cause whatsoever, except that it may take such steps as are reasonable upon proper notification to make such repairs as may be necessary to restore service from the main to the curb stop. Charges for such repairs are to be made in accordance with Subsection C of this section. In addition, the Superintendent may require copper service pipes to the Town system where the distance from the main to the house is 200ft. or less.

F. Service shall be controlled at the curb stop. The water shall be turned off and on only by employees of the Town or it’s duly authorized representatives and only upon filing proper notice with said Town. Violations of this rule shall be sufficient cause for discontinuing the service.

G. The Town shall not be liable for any damage which may result in consumers’ pipes, appliances or other fixture from the shutting off of water mains or service pipes for any purpose whatsoever, whether previous notice has been given or not. No deduction from the service charge will be made for periods when the service is shut off. In cases where coils or other devices are installed in heating furnaces or separate heating devices for the purpose of providing domestic hot water, an approved check and relief valve must be installed at the expense of the owner in the supply of the feed pipe between the meter and the source of heat. This is not only to be installed at the expense of the owner but also at his/her peril. The Town assumes no responsibility for the proper operations and function of said valves.

H. In cases where boilers or other special equipment is supplied with water, a suitable valve or other device must be installed at the expense and peril of the consumer to prevent collapse or explosion in case the water is shut off from the water main.

I. The Town shall not be held liable for any damage sustained by reason of failure to supply water to any owner at any time or for any cause, and it reserves the right to control the amount of water supplied in the


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event that the supply becomes short for any reason, in particular, the right, at any time it is considered necessary, to prohibit the use of water for sprinkling of lawns or gardens or for any other purpose.

J. The Town does not guarantee service from the road main to the meter or through the house or through any piping valves or connections therein.

K. The Town shall be the sole judge as to the meaning of these rules and regulations. Its interpretation shall be final and binding upon all applicants for water service and upon all takers and users of water. In addition, the Town may, in its discretion, require such backflow valves and other protections as it reasonably deems necessary to protect the health and safety of the system.

- 290-4. Furnishing of meters.

Approved meters to be used within the limits of the Town will be furnished by the Town at the property owners’ expense and shall remain the property of the Town; all connections in the Town will be metered.

- 290-5. Size of meters.

A. Meters shall be the size determined by the requirements of each particular installation and shall be adequate for delivering and measuring accurately the peak loads which they may be required to handle.

B. The judgment and discretion of the Superintendent is final and binding.

- 290-6. Location of meter and remote or outside reader.

A. The service connection and the plumbing in the building to be served shall be so arranged that the meter can be placed in a horizontal position not more than three feet from the point at which the service enters the building. There shall be installed by the owner a suitable stop and waste valve between the point where the service enters the building and the meter, which must at all times be within clear view, and the location thereof must be easily accessible for reading, inspection and repair.

B. The Town may install a remote or outside reader on any building served by the Town Water System. This remote or outside reader shall be installed by the Town at the expense of the property owner. The remote or outside reader shall be installed at a location which is easily accessible for reading. The Superintendent shall designate such location.

- 290-7. Right to enter.

The Superintendent may enter the premises of the consumer, after giving notice to consumer to examine its connections and to determine the quantity of water used and the method and manner of its use. The hours between 8:00 am. and 6:00 p.m. shall be considered reasonable hours for this purpose and notice shall be deemed sufficient if delivered to the premises personally 48 hours prior to the entry or postmarked 5 calendar days prior to any entry. Any entry for emergency purposes or with the express consent of the owner shall not be subject to the above notice requirements.

- 290-8. Damage to meter.

Damaged meters shall be repaired by the Town at the expense of the consumer, except where the damage is caused by ordinary wear and tear.

- 290-9. Interference with meters.

A. All persons are forbidden to interfere with or remove a water meter from any service.

B. No seal placed by the Town for the protection of any meter, valve, and fitting or other water connection shall be tampered with or defaced. It shall not be broken except on written authorization from the Superintendent. Where the seal is broken, the Town reserves the right to order the meter removed for test at the expense of the consumer.

C. Whenever a seal on a water meter shall be found to be broken, it shall be presumptive evidence that it was broken by the owner or occupant of the premises in which it is located.


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- 290-10. Rates and charges.

General rates and minimum allowed usage. The Town shall set the water rates and charges annually. The District billing period will be quarterly. Water shall initially be charged to all consumers, users or takers of water in accordance with the following rates:

A. Fixed Cost Rate:

1. The rate to be charged for District debt and Administration for East Louisville Water District I (‘ELWD 1”) is $246.00 per user unit per parcel annually. The rate to be charged for District debt and Administration for East Louisville Water District 2 (ELWD 2) is $332.00 per user unit per parcel (UU) annually. The rate to be charged for District debt and Administration for East Louisville Water District 3 (ELWD 3) is $482.00 per user unit per parcel (UU) annually.

2. The number of user units of the property connected shall be determined or modified by Resolution of the Town Board annually, and filed with the Town Clerk. Effective on the billing period beginning with the adoption of this law, the user units are as follows:

No. Typical Classifications # of User Units per Classification a) One Family Residence, including guest house dwelling 1 Unitb) Two Family Residence including guest house dwelling 2 Unitsc) For each add’l Family or Apartment 1 Unit

over listing described d) Businesses or Commercial Use without 1 Unit

living quarters Per 10 on site employees, Minimum 1 Unit charge

e) Commercial Use with living quarters for one family 2 Unitsf) Commercial Use with living quarters for two families 3 Unitsg) Churches ½ Unith) Restaurant without living quarters 1 Uniti) Restaurant with living quarters for one family 2 Unitsj) Bar with Restaurant (Full Menu) 2 Unitsk) Beauty Shops or Barber Shops 1 Unitl) Laundromat (per washer) ½ Unitm) Post Office 1 Unitn) Adult Homes 1 Unit/Apartmento) Car Wash (per wash bay) 3 Unitsp) Vacant buildable Lot ½ Unitq) Hotel and Motel (1 Unit+1/3 Unit/room)

r) Golf Course 1 Units) School 1 Unit (15 Students & Staff)t) Seasonal Campground 1 Unit/11 camp Sites rounded

down to nearest ½ unitu) Public Beach Up to 500 permitted attendees 3 Unitsv) Fire Department Lot with Building(s) 1 Unitw) Any improved lot * 1 Unitx) Vacant Lot with curb stop 1 Unit

*a parcel or lot with a residence or other permanent structure that becomes part of, place upon, or is affixed to such a parcel or lot.

3. User Unit (UU) rates will be established annually by resolution of the Town Board for payment of all debt incurred. In the event of no change, the Town Board is not required to adopt any further resolution.

4. All users in which the water distribution mains are adjacent to their property lines are required to pay for debt portion of the District costs even if they do not connect.

5. A vacant buildable lot and guest house dwelling is defined pursuant to the zoning ordinance of the Town. In the event any guest house dwelling has its own address, it shall be charged an additional 1Unit above that charged to the main structure on the property.


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6. The initial fixed cost payment shall be paid by Owners in one lump sum within Twenty days after being billed by the Town. Thereafter, the fixed cost payment shall be paid in quarterly installments of $61.50 for ELWD 1, $83.00 for ELWD 2, and $120.50 for ELWD 3 .

B. Operation, Consumption, & Maintenance. Effective with the passage of this law, all customers of the Town of Louisville Water District shall pay the following established rates:

1. Metered rates inside or outside the East Louisville Water District, per billing period;

2. The billing period for water used will be quarterly with the fixed cost payment.

3. Water Usage Rate Schedule for Water District #1 customers using water is $2.70 per 1,000 gallons per quarter; in addition, $.50 per 1,000 gallons shall be charged for establishment and maintenance of a contingency fund. Minimum use is set at $38.40 per quarter for 12,000 gallons (3 months at 4,000 gallons/mo.). This rate and usage shall be adjusted annually by the Town. Water usage Rate Schedule for Water District #2 and Water District #3 customers using water is $2.60 per 1000 gallons per quarter, in addition $.40 per 1,000 gallons shall be charged for establishment and maintenance of a contingency fund. Minimum use is set at $36.00 per quarter for 12,000 gallons (3 months at 4,000 gallons/mo.). This rate and usage shall be adjusted annually by the Town.

4. Emergency Rate from Village of Massena

Any water to consumer supplied by the Village of Massena will be billed to consumer at the rate established by any Inter-municipal Agreement made with the Village of Massena and the Town of Louisville Water District(s).

C. Adjustments to water charges.

1. Authority. The Town Board shall have the authority to consider and, at its discretion, to make adjustments to individual water charges.

2. Threshold amount of water bill. No water charge shall be considered for adjustment unless said bill shall be at least $100.00 larger than or three times greater than the average of the four previous water charges for the same characteristics of water use.

3. Application; proof and procedure for adjustment.

a. Written application shall be made by the landowner or other person responsible for payment of the water charges within 20 days of receipt. It shall contain the name of the landowner, the premises serviced by the water meter and the name and address of any other person(s) responsible for the water charges. Such application shall also contain a detailed statement setting forth the reasons for the increased usage.

b. Upon receipt of the application, the Town shall direct the Superintendent to investigate the material allegations contained in the statement. The Superintendent shall make any other investigation as shall be fit. c. No water charges shall be adjusted by the Town Board if it shall appear that the increased water usage has been of benefit to the landowners or other persons, is a result of negligence or lack of due care by the landowner or other person responsible for payment of the water charges, or where the loss occasioned by the increased usage may be recovered from other sources, including insurances.

d. No adjustment shall be made more than one time in a five-year period by a landowner or other person responsible for the water charges, as they deem appropriate.

4. If the criteria set forth in Subsection 3 (a) and (b) above are met, the Town Board may make an adjustment to said charges, as they deem appropriate.

5. When making such adjustments, the Town Board shall consider all costs attributable to the production of the wasted water.

D. Allocation Between Districts of Shared Expenses. The Town Board, at a public hearing after


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notice as required by the Town and Open Meetings Law of the State of New York, shall allocate the costs of any district improvements used by more than one district. Said allocation shall be calculated so as to fairly allocate the costs between the Districts in the discretion of the Town Board as allowed by Section 202-b of the Town Law of the State of New York. 290-11. Shutting off and turning on of water.

Should it be desired by the consumer to discontinue the use of water, the Town shall be notified in writing as to the desired time and place at which the service is to be discontinued. The Board shall require the Superintendent or his/her representative to shut off the service at the curb box. When it is desired to resume service, similar notification shall be given to the Town and, upon payment of all indebtedness, the Superintendent or his/her representative will turn on or off the water at the curb box. The charge made for turning on or off the water shall be $20 and reviewed and adjusted annually by the Town Board. The minimum fees as set forth in 290-10 shall apply even when the service is discontinued as set forth above.

- 290-12. Testing of meters.

A. It is the policy of the Town to make periodic tests at approximately eight-year intervals of all meters sized one inch and smaller, without specific charge to the consumer. There shall be, however, no obligation upon the Department to make these tests, nor shall the failure to do so give rise to the assumption that the meters are in any way out of order or incorrectly registering.

B. The meters will be tested at the request of the property owner upon the payment, in escrow, to the Town of the sum of $20. If the tested meter is found to be within the error limits established by the Superintendent, said deposit will be forfeited to the Town. If the tested meter exceeds the error limits established by the Superintendent, the above deposit will be returned to the consumer or owner. Such testing will be at such times as is convenient for the Superintendent.

C. If there should be a disarrangement of the meter or a faulty registration of the quantity of water consumed for the current quarter, the correct amount shall be taken to be that of the registration plus the deficiency or less the excess that the subsequent readings of the meters shall indicate, and if it is found that the meter is stopped or fails to register, the quantity of water consumed shall be taken to be the same as that of the average of the previous four quarters and the bill rendered accordingly.

- 290-13. Repair of meters.

A. Where repairs to meters are necessitated by the normal deterioration of the meters through use, the cost of repairing such meters shall be borne by the Town of Louisville.

B. Where repairs to meters are necessitated by any other reason, the consumer shall be charged for the cost of the repair work. Such cost, however, shall not exceed the cost of purchasing a new meter of the same size.

- 290-14. Reading of meters.

When bills are desired by the consumer at other than regularly specified times, a bill will be given after the receipt of a written request. - 290-15. Responsibility for frozen services.

The Town of Louisville does not assume responsibility for frozen services, notwithstanding the fact that installation of any service which may subsequently become frozen had been installed by the Town or its representatives.

- 290-16. Billing procedure.

A. Each consumer will, unless it is otherwise provided, receive a bill for water quarterly, the same to be due and payable upon presentation.

B. In any case where the amount of water used is of such quantity that the Superintendent shall deem it advisable to issue a bill monthly, it shall be done notwithstanding the provisions of the foregoing subsection. The decision of the Superintendent shall be binding, and the bills shall become due and payable upon presentation. C. The responsibility for payment of all bills rests upon the owner of the premises, and he shall be liable for all charges when due and payable, and such charges shall be a lien upon the premises until fully paid.


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D. Failure to receive a quarterly bill does not entitle any consumer to avoid the penalty as hereinafter prescribed. The Town does not guarantee billing or delivery of bills to any consumer.

290-17. Penalties for delinquent bills.

A. In the event the current water bill, whether rendered quarterly or monthly, has not been paid in full, a penalty of 5% of the amount of the current quarterly unpaid bill will be assessed and added to the water bill. Said penalty of 5% shall go into effect the 10 th day following the due date of the bill.

B. If payment is made by use of a night deposit box, payment shall be presumed timely if the payment is removed by 8:00 am. the morning after the due date of the bill. It is then backdated one business day and posted with such date.

290-18. Nonpayment of bills.

A. Unpaid bills for water-service charges or other charges incurred by the consumer are a lien upon the property. The Town may enforce the collection of unpaid bills by cutting off the supply of water after penalties start to accrue on the unpaid bill or may enforce collection of such bill by any other means as provided by law. The costs of collection, including reasonable attorney’s fees shall be paid by the consumer.

B. Annually, the Superintendent shall submit to the Town Board a statement showing the names of the owners of property who have not paid the water rent as provided or prescribed herein and the amount of such delinquency. Provided such delinquent amount exceeds $10.00, such amounts shall be levied as taxes upon the several properties owned by the persons named in such statement and shall be shown in a separate column in the tax roll under the name of “Water Rents.” Such water rents may also be collected in the manner prescribed in Subdivision 4 of - 452 of the General Municipal Law.

- 290-19. Private fire-protection regulations and rates.

A. In cases where it is desired to install connections to private fire-protection systems, written application shall be made to the Town, setting forth the details thereof. The application shall be accompanied by a sketch or diagram showing the plan of the system to be installed. This plan must be approved by the Town previous to any work being done.

B. The Town reserves the right to impose specific regulations in connection with the supply to private fire-protection systems. The rates for such service shall be as follows:

1. Sprinkler systems shall be charged at the rate of $0.25 per year per sprinkler head. The minimum charge is to be $50.00 per year.

2. All installations necessary to serve private fire-protection systems shall be constructed and maintained at the sole expense of the owner or applicant. Connections for private fire-protection purposes shall be properly valved at the expense of the consumer in order to prevent the use of water for any other purpose than those which are contemplated by this article. Private hydrants shall be charged a rate of $40 per year.

- 290-20. Extending Service to areas outside existing Town Water Districts.

A. The Town Board may consent to the extension of Town water mains upon such terms and conditions as the Town Board may agree; provided, however, that ownership of all mains and equipment, except laterals from the road or right-of-way to the building, shall be owned by the Town; the laterals by the property owner.

B. As a precondition to the receipt of Town water service from and after the effective date of this local law chapter, any such water main or equipment lying in any road or right-of-way shall be transferred to the Town.

- 290-21. Discontinuance of water service to multiple dwellings.

A. The Water Department shall not discontinue water service to an entire multiple dwelling (as defined in the Multiple Dwelling Law or the Multiple Residence Law) located in this Town for nonpayment of bills rendered for service unless such Department shall have given 15 days’ notice of its intention so to discontinue as follows:


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1. Such notice shall be served personally on the owner of the premises affected or, in lieu thereof, to the person, firm or corporation to whom or which the last preceding bill has been rendered and from whom or which the utility has received payment therefore and to the superintendent or other person in charge of the building or premises affected, if it can be readily ascertained that there is such superintendent or other person in charge.

2. In lieu of personal delivery of the person or persons, firm or corporation specified in Subsection A1 above, such notice may be mailed in a postpaid wrapper to the address of such person or persons, firm or corporation.

3. Additional notice.

a. In addition to the notice prescribed by Subsection A1 and A2 above, 15 days’ written notice shall be:

(1) Posted in the public areas of such multiple dwelling;

(2) Mailed to the occupant of each unit in that multiple dwelling; (3) Mailed to the local health officer and the director of the social services district for the political subdivision in which the multiple dwelling is located;

(4) If the multiple dwelling is located in Town, mailed to the Town Supervisor; and

(5) Mailed to the County Executive of the county in which the multiple dwelling is located or, if there is none, then the Chairman of such county’s legislative body.

b. Notice required by Subsection A3a (4) and A3a (5) may be mailed to the persons specified therein or to their respective designees. The notice required by this subsection shall state the intended date of discontinuance of service, the amount due for such service and the procedure by which any tenant or public agency may make such payment and thereby avoid discontinuance of service.

4. The written notice required by Subsection A3a(3), A3a(4) and A3a(5) above shall be repeated not more than four days nor less than two days prior to such discontinuance.

B. Whenever a notice of intention to discontinue utility service has been made pursuant to the provisions of this section and obligations owed the Department have been satisfied, the Department shall notify, in the same manner as it gave such notice of intention, the occupant of each unit that the intention to discontinue service no longer exists.

-290-22. Penalties for offenses.

A. Any violation of the rules hereinbefore and hereinafter set forth shall constitute a violation. Any such violation shall be punishable by a fine of up to $500.00 for each offense along with restitution for any damages. In addition, the Town may discontinue the supply of water, and such supply shall not be made available until all of the rules and regulations are complied with and until all unpaid charges, fines, penalties, and rents shall be paid. The foregoing shall also include the charge for turning off the water and reasonable attorney’s fees.

B. Service of any notice authorized or directed by or on behalf of the Town may be made upon the owner or consumer, personally or by leaving the same at the premises where the water is supplied or by sending the same by mail to such party at the last address furnished to the Town.

ARTICLE II Emergencies Due to Freezing of Pipes

-290-23. Declaration of emergency.

Whenever the public health, welfare or order of the Town is endangered due to the freezing of water service or supply pipes of the water consumers of the Town, the Town Board is hereby empowered to declare that a public emergency exists.

- 290-24. Consumer agreement.


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Upon the declaration by the Town Board that a public emergency exists due to the freezing of water service or supply pipes, the Town, by its agents, is hereby authorized and empowered to enter into a written agreement to provide for the continuous flow of water at a minimum charge with any and all property owners whose water service or supply pipes from the main to the building are freezing or are in danger of freezing as determined by the Superintendent during the emergency declared to exist, upon written application by said property owner and upon the following terms and conditions:

A. The property owner agrees to pay and does pay to the Town for each month for the duration of the emergency period a sum equal in amount to the average monthly charge for water based on the last four quarterly meter readings, and said Town, upon making such agreement, allows to such water consumer the amount of water that such average quarterly charge will purchase at the current water rate.

B. Upon the execution of such an agreement by the water consumer and the duly authorized agency of the Town, it shall be mutually agreed that such consumer will pay to said Town the sum of $0.25 per 1,000 gallons for all water used in excess of the allowance hereinbefore provided.

- 290-25. Termination of emergency.

An emergency declared to exist hereunder shall cease and terminate on the first day of May following its declaration, and the meters of water consumers making the agreement herein contemplated shall be read on that day and the water consumption determined.

ARTICLE Ill GENERAL PROVISIONS

- 290-26. Effect of Invalidity.

If any clause, sentence, paragraph, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof.

- 290-27. Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State.

Supervisor Legault called the regular meeting to order at 7:05pm.

Moved by Councilwoman Schneider, seconded by Supervisor Legault and duly carried to accept the December 9, 2015 meeting minutes with the following corrections: budget adjustment to 83104SW should read $2,936.00 and budget adjustment to 88304SW Purification Contractual should read $3,847.00.

REPORT FROM COUNTY LEGISLATOR LISA BELLWhy does the Town not have the installment plan for the Town and County Property taxes? Clerk Cameron explained that if the property owner waits and pays at the end of March- they will pay the 2% to the Town instead of the County and the funds are used to pay for the tax collector expenses- including payroll.

WATER DISTRICT 3 CONSTRUCTION REPORTNYSDEC approved the 2-2 change order for $25,230.00 but NYSEFC distributed the funds in two different categories therefore the minutes need to be amended. Moved by Councilwoman Schneider, seconded by Supervisor Legault and duly carried to correct the December 9, 2015 meeting minutes as follows: change order 2-2 for Marcellus Construction, Inc. amount is $18,300.00

We are having the smelly water problem again. Tom Oney from C2AE is going to investigate further and see about other testing.

John Beattie is reviewing the parts list to finalize the Marcellus Contract. It should amount to approximately $13,000.00 in spare parts. PUBLIC COMMENT

Richard Evans, President of the Wilson Hill Association addressed the Board about refining the site around the Wilson Hill sign. He and Supervisor Legault will meet to walk the property. The Wilson Hill Association would like a plot about


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100X100 to be cleared around the sign and grass added. A culvert may also be necessary to access the bench and bulletin board.

COMMUNICATIONS AND PETITIONS: Christmas cards, C2AE, RVRDA, Kimco Steel Sales Ltd., Casella, SLC Real Property Tax Service Agency, Association of Towns, NYS Ag and Markets, NYSEFC, NYS Department of State, NYSEFC, Time Warner Cable, Siemens Industry Inc., Dan and Jackie Miller, Winter Chill dance invitation, 2015 Recreation Audit, 2015 Town Clerk Audit, NYPA payment, CHIP’s check, SLC Treasurer’s payment for mortgage tax, December Supervisor’s report, Capital balance sheets and budget update, report from the Code Enforcement Officer, and report from Valley Water Solutions.

Supervisor Legault will contact Kevin Feuka from C2AE concerning the sewer project for Wilson Hill, the Clean water State Revolving fund and other grant funding.

The RVRDA meetings will be held at the Louisville Municipal Building on the second Tuesday of each month for the year 2016.

$32.40 was received from Kimco Steel Sales Ltd. For metal during fall clean-up.

The Casella service contract for a 6 yard trash dumpster at $350.00/month was discussed. Recreation Supervisor Dewey LaValley recommends signing the contract for two years. Moved by Councilman Carroll, seconded by Councilwoman Schneider and duly carried to sign the two year contract with Casella Waste for $350.00/month. Moved by Supervisor Legault, seconded by Councilman Moulton and duly carried that all Town solid waste be taken to the Community Center dumpster and Supervisor Legault will start a recycling program for the Town.

The chargebacks for the Town of Louisville for the 2016 Town and County tax bill are: Election charges- $29,650.45, Real Property charges- $12,262.17, Worker’s Compensation charges- $43,060.00 and Community College charges: $25,831.81. Councilman Carroll questioned the Town only chargeback charge on the bill- Clerk Cameron will look into it and forward the answer.

NYS Agriculture and Markets reported that on 12/17/2015 our Dog Control Officer services were inspected and rated satisfactory.

NYSEFC Clean Water State Revolving fund application needs updating to keep us in the running for funding. Councilman Moulton believes that the sewer on Wilson Hill is still an issue and it needs to be redesigned. The other Board members remember that the residents were divided on the sewer district. Richard Evans believes that the Town of Louisville needs to set standard of outflow. Supervisor Legault will contact Kevin with C2AE.

$5,000.00 grant funds were awarded to the Town through Addie Russell’s office. The funds are to be used for various public facilities and grounds improvements throughout the town. Moved by Councilwoman Schneider, seconded by Councilman Moulton and duly carried to move forward with the Letter of Agreement to the Department of State and to use the money for new playground equipment at the Community Center.

Moved by Councilman Moulton, seconded by Councilwoman Schneider and duly carried to accept the net level debt for repayment schedule for Water District #3.

Time Warner Cable has given the town notice that the franchise will expire on October 7, 2018.

Moved by Councilman O’Keefe, seconded by Councilwoman Schneider to sign the three year agreement for Siemen’s Industry. Inc. at the rate of 12/1/15 to 11/30/16 $3,644.00/annually, 12/1/16 to 11/30/17 $3,754.00/annually and 12/1/17 to 11/30/18 $3,866.00/annually. There is another company located Syracuse that can service the Community Center but they charge by the mile.

The letter from Jacqueline and Daniel Miller was discussed. They tried to buy their front land from NYPA but could not because of the septic placement. They would like to buy the lot when it becomes available from the Town. Supervisor Legault will speak to Sean Doyle again concerning all the remaining properties and a possible easement for the Miller septic.

Moved by Supervisor Legault, seconded by Councilman Moulton and duly carried to purchase a table of 8 for $280.00 at the Inaugural Winter Chill Dance on February 13 th being held in Louisville at the Copper Still and charge to Supervisor’s Expense (12204).

Moved by Supervisor Legault, seconded by Councilwoman Schneider and duly carried to accept the 2015 Recreation annual audit completed by Councilman Carroll on January 5, 2016.


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Moved by Councilwoman Schneider, seconded by Councilman O’Keefe and duly carried to accept the Town Clerk 2015 annual audit completed by Councilman Carroll on January 7, 2016.

$179,200.00 was received from NYPA as the annual payment on January 4, 2016. This payment historically has always been received in December.

$59,636.22 was received from CHIPS in December and deposited in the Highway account.

The mortgage tax payment was received in the amount of $18,360.60.

REPORT BY RECREATION AND BUILDING SUPERVISOR DEWEY LAVALLEYA cell was replaced in the Zamboni- it was smoking. We should replace the whole battery pack next year. Massena Electric determined that it cost $0.51 per day to run the Zamboni not including the demand fee.

The ice is booked most of the time.

OLD BUSINESS:The economic study that the Power Authority funded should be out next month. Also ongoing recreation improvement discussions will begin again.

The RVRDA meeting will be held on January 26, 2016 at the Louisville Town Office at 6:00pm.

Warren Belile has been in contact with Councilman O’Keefe concerning the deed for Water Street and plowing.

Update on the Community Center Project: The doors have not been installed – Supervisor of Recreation and Maintenance LaValley will contact Kelly Doors and tell them they need to be completed this month. We need to apply for our money from RVRDA and close this project.

NEW BUSINESS:Clerk Cameron will advertise for summer employment one time during January and February.

Supervisor Legault will see about updating the water agreement with the Village of Massena and check with our attorney to see if it can be drafted for more than one year. REPORT FROM COUNCILMEMBERS:

Councilwoman Schneider- will attend the Emergency Services meeting tomorrow. She attended the North Country Recreation and Leisure Professional meeting and found it interesting. John Leroux will be speaking on April 27- 30 th- maybe Judy Porter can attend.

Councilwoman Schneider would like an update on the backflow preventers from Supervisor Legault.

Councilman Carroll will complete the tax collector audit later in the year – when tax season is over and the Supervisor and Water Audit will be completed with Councilman O’Keefe, Supervisor Legault and Michele Stone on the 18 th at 4:00pm.

REPORT FROM TOWN CLERK:The Scott family rented the Community Center upstairs for their Christmas gathering and wanted the Town Board to know that the remodel is beautiful and the upstairs was clean.

Cameron’s donated a Christmas tree to the Community Center.

Moved by Councilwoman Schneider, seconded by Councilman O’Keefe and duly carried to negate the Health Savings Account Contribution Policy that was originally passed on December 21, 2011 as it is no longer in affect. The health insurance is handled by Teamsters Health and Hospital.

Councilman O’Keefe and Clerk Cameron have been updating all the policies for the Town and assembling them in a book which includes a sign off sheet for Board members and Department heads. Councilwoman Schneider has been proof reading the updates to the policies. The Telephone, Computer and Cell Phone use Policy needs to have the wording concerning floppy discs removed. The drug policy for the Town will be reviewed and brought back to the Board in February.

Sandy Roberts would like the Town to remind people that there is no open burning in the Town of Louisville. The Board will remind them in the spring.


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Moved by Supervisor Legault, seconded by Councilman Moulton to allow the Massena Volunteer Fire Department Ladies Auxiliary to hold the 5K again this year at Whalen Park on May 14, 2016. The vote was as follows: Supervisor Legault- Aye, Councilwoman Schneider- Aye, Councilman Moulton- Aye, Councilman Carroll- Nay, and Councilman O’Keefe- Aye. The motion passed.

There was a leak at the Anthony Fiacco property. On January 6th John Beattie reported that the valve had been opened and meter had been removed. Steve Siddon of Valley Water Solutions and Water Clerk Orosz determined that the water was on for 4 days at 48 gallons per minute and he will be billed for 276,480 gallons. Water Clerk Orosz would like the Board to reconsider the plugs that can be added on a line so water cannot be taken without our knowledge and locks so meters can only be removed by Water Department Employees. These could be added as needed.

Supervisor Legault will review with Water Clerk Orosz the contracts for 192 and 198 CR 43 Don Curry and Robert Perras properties.

A $50,000.00 grant has been award to the Town for handicap accessible kayak docks. This grant was applied for by Councilman O’Keefe. Clerk Cameron is working with Councilman O’Keefe on the extensive paperwork involved with the grant which includes a SEQRA Environmental assessment form, Army Corp of Engineer approval and NYSDEC approval.

Moved by Councilwoman Schneider, seconded by Supervisor Legault and duly carried to sign the NYS Dept. of Highway’s work permit application for utility work for the year 2016.

Moved by Councilwoman Schneider and seconded by Councilman O’Keefe to pass the following bond resolution for $176,068.00 as follows:

BOND RESOLUTION DATED JANUARY 13TH, 2016 AUTHORIZING THE ISSUANCE OF SERIAL BONDS AND NOTES IN ANTICIPATION OF THE ISSUANCE THEREOF AND/OR STATUTORY INSTALLMENT BONDS AND NOTES IN ANTICIPATION OF THE ISSUANCE THEREOF, OF THE TOWN OF LOUISVILLE, NEW YORK, IN THE COUNTY OF ST.LAWRENCE, PURSUANT TO THE PROVISIONS OF THE LOCAL FINANCE LAW OF THE STATE OF NEW YORK AND PURSUANT TO APPLICABLE PROVISIONS OF THE TOWN LAW OF THE STATE OF NEW YORK IN AN AMOUNT NOT TO EXCEED $176,068.00 FOR THE PURPOSE OF PURCHASING A 2016 INTERNATIONAL CAB AND CHASSIS WITH A TENCO PLOW PACKAGE THE TOTAL COST OF WHICH IS NOT TO EXCEED THE SUM OF $176,068.00.

WHEREAS, the Town Board of the Town of Louisville, County of St. Lawrence, New York, has heretofore at this meeting adopted a resolution authorizing the issuance of obligations of the Town of Louisville, New York, in the County of St. Lawrence, in the sum of $176,068.00 for the purpose of purchasing a 2016 International Cab and Chassis with a Tenco Plow Package, the total cost of which is not to exceed the sum of $176,068.00.

WHEREAS, no other outstanding obligations of the Town of Louisville, New York have been previously issued by the Township for or with respect to such purpose; and

WHEREAS, the Town Board of the Town of Louisville, New York, now desires to provide for the issuance of obligations of the Town of Louisville, New York, and it now desires to provide for other matters with respect to such purchase;

BE IT, THIS 13th day of January, 2016RESOLVED, by the Town Board of the Town of Louisville, County of St. Lawrence, New York, as follows:Section #1. The Town of Louisville, in the County of St. Lawrence, New York, shall issue its serial bonds or

statutory installment bonds of the aggregate principal amount not to exceed the sum of $176,068.00, and notes in the anticipation of the issuance thereof, pursuant to the Local Finance Law of the State of New York including but not limited to Section 169.00 of such Local Finance Law, in order to finance the specific purpose hereinafter described.

Section #2. The specific purpose to be financed pursuant to this resolution is to purchasing a 2016 International Cab and Chassis with a Tenco Plow Package the total cost of which is not to exceed the sum of $176,068.00.

Section #3. The maximum estimated cost of such purpose as estimated by the Town Board is $176,068.00 and the plan of financing thereof is by the issuance of a maximum of $176,068.00 in serial bonds, statutory installments bonds, and/or bond anticipation notes issued in anticipation of such serial bonds and statutory installments bonds, along with any grants or other financial assistance obtained from the United States Department of Agriculture, Rural Development, the State of New York and any of its development authorities, the Development Authority of the North Country, the New York Dormitory Authority and/or the New York State Environmental Facilities Corporation and/or from any municipal contributions from the Town of Louisville. Pursuant to Section 107.00 of the Local Finance Law of the State of New York, current funds are not required to be provided prior to the issuance of any serial bonds, statutory installment bonds or bond anticipation notes issued in anticipation of such bonds.

Section #4. It is hereby determined that said purposes is an object or purpose described in Section 11.00 of the Local Finance Law of the State of New York and that the


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probable useful life of said purpose is fifteen (15) years. The final redemption date of said bond to be issued will not extend beyond fifteen (15) years from the date of their initial issuance. It is hereby further determined that the maximum maturity of the bonds herein authorized will not exceed five years.

Section #5. Subject to the terms and conditions of this resolution, and the Local Finance Law of the State of New York, the power to authorize Bond Anticipation Notes in anticipation of the issuance of the Serial Bonds or Statutory Installment Bonds authorized by this resolution and the renewal of said notes and the power to prescribe the terms, form and contents of such Serial Bonds or Statutory Installment Bonds and of such Bond Anticipation Notes and the power to sell and to deliver such Serial Bonds or Statutory Installment Bonds and Bond Anticipation Notes issued in anticipation of the issuance of such Serial bonds or Statutory Installment Bonds and the power to sell and deliver bonds providing for substantially level or declining annual debt service is hereby delegated to the Town Supervisor as the Chief Fiscal Officer of the Town of Louisville, County of St. Lawrence and State of New York. The Chief Fiscal officer of the Town of Louisville is hereby authorized to sign any Serial Bonds or Statutory Installment Bonds issued pursuant to this resolution and any Bond Anticipation Notes and renewals’ thereof including but not limited to those set forth in Section 169.00 of the Local Finance Law issued in anticipation of the issuance of said Serial Bonds or Statutory Installment Bonds, and the Town Clerk is hereby authorized to affix the corporate seal of the Town of Louisville, New York, to any Serial Bonds or Statutory Installment Bonds and any Bond Anticipation Note and to attest such seal.

Section #6. The Town Supervisor is hereby further authorized, at his/her sole discretion, to execute a project finance agreement and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific purpose described in Section 2 hereof, or a portion thereof, by a serial bond, a statutory installment bond and/or a bond anticipation note issue in the event of the sale of same to the New York State Environmental Facilities Corporation.

Section #7. The faith and credit of the Town of Louisville, New York, is hereby irrevocably pledged for the payment of the principal of and interest on such Serial Bonds or Statutory Installment Bonds and any Bond Anticipation Notes and renewals thereof issued in anticipation of the issuance of such bonds as the same shall respectively become due and payable. There shall be annually apportioned and assessed upon real property located within the Town of Louisville an amount sufficient to pay the principal and interest on such obligations as the same may be due and all of the taxable real property in said Town of Louisville shall be subject to the levy of ad valorem taxes without limitation as to rate or amounts sufficient to pay the principal and interest on such obligations as the same shall become due, except as otherwise may be required by law.

Section #8. This resolution or a summary hereof shall be published by the Town Clerk of the Town of Louisville, County of St. Lawrence, together with a notice in substantially the form prescribed in Section 81.00 of the Local Finance Law of the State of New York. The validity of the Serial Bonds or Statutory Installment Bonds and of any Bond Anticipation Notes and renewals thereof issued in anticipation of the issuance of such Serial Bonds or such Statutory Installment Bonds issued hereunder may be contested only if:Such obligation is authorized for an object or purpose for which said Town is not authorized to expend money, orIf the provisions of law which should have been complied with as of the date of publication of such resolution were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, orSuch obligation is authorized in violation of the provisions of the Constitution.

Section #9 This resolution is not subject to referendum pursuant to Section 35.00 of the Local Finance Law of the State of New York and Article 7 of the Town Law of the State of New York.The vote was as follows: Supervisor Legault- Aye, Councilwoman Schneider- Aye, Councilman Moulton- Abstain, Councilman Carroll- Aye, and Councilman O’Keefe- Aye. The resolution passed.

Justice Gettmann’s December 2015 report in the amount of $2,330.50 and Justice Gettmann’s November monthly financial review along with Justice LeCuyer’s December report in the amount of $802.00 and Justice LeCuyer’s November and December monthly financial review were audited.

The Town Clerk report for the month of December was reviewed.

General voucher #1A-#20A and #21Q-#63Q in the amount of $92,227.11 (This includes Massena Rescue, Massena Humane Society, Massena Boys and Girls Club and John Sheets $71.50 paid in protest by Councilman Carroll), Highway voucher #1Z-#35Z in the amount of $75,937.14, Water voucher #1SW-#17SW in the amount of $105,107.13 (including John Sheets $24.00 paid in protest by Councilman Carroll),Water District #3 Construction voucher #1SWH in the amount of $27.00 and Capital voucher #1C-#5C in the amount of $14,080.86 were reviewed and ordered paid.

PUBLIC COMMENT

Moved by Councilman O’Keefe, seconded by Councilman Moulton and duly carried to adjourn the meeting at 9:06pm and enter into executive session to discuss the employment history of a particular person.

Moved by Councilwoman Schneider, seconded by Councilman O’Keefe and duly carried to end the executive session at 10:00pm and reenter the regular meeting.


JANUARY 13, 2016; 6:30PM

The Board reviewed the cash handling policy. It will be followed. When money is brought to the Town office from the Community Center, it will be counted and a signature added to each receipt before locking it in the Supervisor’s office.

Moved by Councilwoman Schneider, seconded by Councilman Carroll and duly carried to adjourn the meeting at 10:11pm.

Respectfully Submitted,

Joanne CameronTown Clerk

Documents

ORGANIZATIONAL AND REGULAR MEETING · Web viewThat John Beattie will be paid $3,640.00 for maintenance work in Water District #2 for the year That John Beattie will be paid $3,640.00