Village Board of Trustees

Village of Massena BOARD OF TRUSTEES DATE/TIME: September 19, 2023 (5:30 p.m.) PLACE: Town Hall Building, 60 Main Street, Massena, New York PRESENT : Board of Trustees: Mayor Greg Paquin Trustee Christine Winston Trustee Shelyn Peets (Excused) Trustee Chad Simpson Trustee Ken McGowan Staff: Monique N. Chatland (Village Administrator/Clerk) Marty Miller (Supt. Of Public Works) Kevin Felt (Treasurer) Jason Olson (Chief of Police) Aaron Hardy (Fire Department Foreman / Code Enforcement Officer) Press: Bob Beckstead (Daily Courier Observer, via zoom), Jeff Chudzinski (North Country Now), John Michaud III (WNTS Television) Residents/Other : Lottie Hurd, Dennis Kemison, Tim Ahlfeld Following the Pledge of Allegiance, Mayor Paquin asked that all electronic devices be silenced, proceeded to call the meeting to order at 5:30 p.m. and conducted a roll call of Board members present. APPROVE MINUTES A motion was made by Trustee Winston, seconded by Trustee Simpson, to approve the minutes of the October 18, November 15, & December 20,2022 Village Board Meetings. Motion Carried 4:0 (AYE= Paquin/Winston/Simpson/McGowan) TREASURER ’S REPORT: Village Treasurer Felt presented the following: Village of Massena Treasurer ’s Report September 19, 2023 INFORMATION 1. You have been provided with the Balance Sheet and Revenue/Expense Actual to Budget comparison reports for August and the August summary follows: Net Favorable 2023/2024 Revenue % Collected Expense % Spent (Unfavorable) General Fund 6,987,119 62.38% 2,877,537 24.32% 4,109,582 Refuse Fund 366,933 27.82% 258,836 15.30% 108,097 Water fund 594,240 28.91% 385,453 15.56% 208,787 Sewer Fund 483,413 27.16% 373,543 17.35% 109,871 Joint Rec 274,229 26.99% 330,792 32.55% (56,563) 8,705,934 4,226,161 Rescue Squad Activity Summary 23-24 YTD Resource Recovery Revenue 224,684.06 Equipment Expenses - Contractual Expense 150,419.11 Recruit & Retent 670.50 Net Profit (Loss) 73,594.45 2127  Village of Massena Board of Trustees Meeting September 19, 2023 2. The Village’s Annual State Report (AUD) for FYE May 31, 2023, has not been completed yet. I am working on completing the last of my journal entries and accruals. Once I finish these up in the next week to two, I will be able to complete the AUD. 3. Through close of business September 15, we had collected $6,212,093, approximately 90.74% of the total adjusted tax warrant of $6,850,533, slightly ahead of last year (89.95%). The last day for collection in the Village Office will be Monday, October 2nd. 4. The NYS Retirement System has released the rates to utilize in preparing our budget estimates for the 2023-2024 fiscal year: ERS Rates: Plan ID Option FY 24/25 FY 23/24 Change Tier 4 A15 41J 17.7% 14.9% 2.8% Tier 5 A15 41J 15.3% 12.9% 2.4% Tier 6 A15 41J 11.3% 9.5% 1.8% PFRS Rates: Tier 2 384D 34.8% 30.4% 4.4% Tier 3 A14PF 35.5% 31.0% 4.5% Tier 5 Cont *384D 30.0% 26.2% 3.8% Tier 5 Non Cont 384D 33.2% 29.0% 4.2% Tier 6 Contrib *384D 24.3% 21.1% 3.2% Tier 6 Non Cont 384D 30.4% 26.5% 3.9% Tier 2 Fire 384E 35.9% 31.4% 4.5% Tier 3 Fire 384E 35.5% 31.0% 4.5% Tier 5 Fire Cont 384E 30.5% 26.5% 4.0% Tier 5 Fire Non Cont 384E 34.3% 29.9% 4.4% Tier 6 Fire Cont 384E 24.7% 21.4% 3.3% Tier 6 Fire Non Cont 384E 31.4% 27.4% 4.0% 5. We have received the Village’s apportionment of the FY 2024-2025 Worker’s Compensation bill from the County. We will be paying $337,512, an increase of $66,032 from this year. ACTION 1. Budget Amendments: Last month the board approved to appropriate $3,500 from contingency (100-1990-400-000-00) to the Fall Fest for a fireworks display. The account to increase the budget for is the Publicity Contractual Account (100-6410-400-000-00). WINSTON/SIMPSON/CARRIED COMMITTEE REPORTS: Committee reports were presented for informational purposes only, with no Village Board action at this time. The following was notable: CODE: Trustee McGowan reported that they have been very busy. ECONOMIC DEVELOPMENT: Trustee Peets reaching out to businesses to try for relocation to downtown area. Village Administrator Chatland provided a update on DRI. Mayor contributed that there is a lot of behind the scenes work being done over the summer. POLICE: August 564 complaints -16 traffic tickets JOINT REC: Train & Toy show September 23 & 24, Ice going in on October 2. RESCUE : Met with PAB nothing but good things to say, MVEU getting better with charts. Etc. Constantly pulling Fire Drivers so talked to E% about putting another shift on will alleviate drivers not being available. DPW: Trustees Peets and McGowan met with DPW Supt. Miller to brainstorm ways to change garbage duties, possibly changing winter schedule. _____________________________________________________________________________ ________________ INITIAL PUBLIC COMMENT PERIOD: Resident and Landlord Dennis Kemison heard they were going to be required to have Insurance that allowed the Village to take part of funds if situation where there are absentee landlords not taking of property, leaving the fiscal responsibility to the taxpayers. Mayor Paquin suggested to start a fund and set aside amount to deal with burned out properties. He also asked for stricter Nuisance codes for help with individuals who do not pay rent, druggies, etc to allow for eviction. Currently he feels there is no enforcement, especially with absentee landlords. Mayor Paquin agreed there needs to be more rights for landlords but setting up process takes time. 2128  Village of Massena Board of Trustees Meeting September 19, 2023 ESTABLISH PUBLIC HEARING DATE/TIME: RENTAL REGISTRY A motion was made by Trustee Simpson and seconded by Trustee Winston to hold a Public Hearing on October 17 ,2023 at 5:30 p.m. to consider changing the General code for Rental Registry. Motion Carried 4:0 (AYE=Paquin/Winston /Simpson/McGowan). ESTABLISH PUBLIC HEARING DATE/TIME: CANNABIS RETAIL STORES A motion was made by Trustee McGowan and seconded by Trustee Simpson to hold a Public Hearing on October 17 ,2023 at 5:31 p.m. to consider adding Cannabis retail stores to the general code. Motion Carried 4:0 (AYE=Paquin/Winston /Simpson/McGowan). RESOLUTION #51-2023 AGREEMENT WITH LABELLA ASSOC FOR GRANT ADMIN. SERVICES A motion was offered by Trustee Simpson, seconded by Trustee Winston, and carried, to adopt the following resolution to wit: RESOLUTION#51-2023 Authorize a Professional Service Agreement with LaBella Associates for the New York Main Street Grant Program “Core of the Community ” Building Improvement Fund BE IT RESOLVED, that Mayor Gregory M. Paquin is hereby authorized to execute an Agreement with LaBella Associates, for grant administrative services of the NY Main Street Grant Program (“Core of the Community”) for a total of $60,000 (NTE) pursuant to Proposal dated September 12, 2023; and BE IT FURTHER RESOLVED, fees for grant administration will be paid from grant proceeds based on established hourly billing rates plus reimbursement of expenses or at fixed fees allocated to each approved project. Question of the adoption of the foregoing resolution resulted as follows: AYE: Mayor Paquin, Trustee Winston , Trustee Simpson , Trustee McGowan NAY: NONE Mayor Paquin declared Resolution #51-2023 duly adopted (4:0). DISCUSSION: ST. LAWRENCE COUNTY SOLID WASTE INCREASE(S) DPW Supt. Miller presented this letter/fee schedule to the board: 2129  Village of Massena Board of Trustees Meeting September 19, 2023 DPW Supt. Miller advised they will need to meet on how/ when the Village will adjust rates & what types of changes can be incorporated. Mayor Paquin is not happy with the county raises the rates in mid year. RESOLUTION#52-2023: PURCHASE OF HYDROVAC TRUCK &ISSUE $513K SERIAL BOND A motion was offered by Trustee McGowan, seconded by Trustee Winston, and carried, to adopt the following resolution to wit: RESOLUTION#52-2023 BOND RESOLUTION DATED SEPTEMBER 19, 2023. A RESOLUTION AUTHORIZING THE PURCHASE OF A HYDROVAC TRUCK IN AND FOR THE VILLAGE OF MASSENA, ST. LAWRENCE COUNTY, NEW YORK, AT A TOTAL MAXIMUM ESTIMATED COST OF $513,000 AND AUTHORIZING THE ISSUANCE OF $513,000 SERIAL BONDS OF SAID VILLAGE TO PAY THE COST THEREOF. BE IT RESOLVED by the by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of Massena, St. Lawrence County, New York, as follows: The purchase of a hydrovac truck in and for the Village of Massena, St. Lawrence County, New York, is hereby authorized at a maximum estimated cost of $513,000. It is hereby determined that the plan for the financing of the aforesaid maximum estimated cost shall be by the issuance of $513,000 serial bonds of said Village hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. 2130  Village of Massena Board of Trustees Meeting September 19, 2023 The faith and credit of said Village of Massena, St. Lawrence County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Village Treasurer, the chief fiscal officer of such Village. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 2) The provisions of law which should be complied with as the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper of said Village hereby designated for such purpose, together with a notice of the Village Clerk in substantially the form set forth in paragraph a of Section 81.00 of the Local Finance Law. Question of the adoption of the foregoing resolution resulted as follows: AYE: Mayor Paquin, Trustee Winston, Trustee Simpson , Trustee McGowan NAY: NONE Mayor Paquin declared Resolution #52-2023 duly adopted (4:0). APPOINTMENT: ZONING BOARD- DIANA DUFRESNE A motion was offered by Trustee Simpson, seconded by Trustee McGowan to appoint Diana Dufresne to the Zoning Board of Appeals board. (eff.09/19/23). Motion Carried 4:0 (AYE= Paquin/Winston/Simpson/McGowan). RESOLUTION#53-2023: AGREEMENT WITH TRANE FOR SERVICES AT RESCUE SQUAD A motion was offered by Trustee McGowan, seconded by Trustee Simpson, and carried, to adopt the following resolution to wit: RESOLUTION#53-2023 Approve a Service Agreement with Trane U.S. Inc., for Inspection and Maintenance of Covered Equipment at the Massena Rescue Squad (341 E. Orvis Street) 2131  Village of Massena Board of Trustees Meeting September 19, 2023 BE IT RESOLVED that the Village of Massena Board of Trustees hereby approves a three (3) year Trane Service Agreement between the Village of Massena and Trane, a Division of American Standard Inc., to inspect and maintain the covered equipment at the Massena Rescue Squad as outlined in the July 1, 2023 proposal (no. 7352479) – “Scheduled Service Agreement ”; and BE IT FURTHER RESOLVED that in consideration of services an amount of $2,215 (Year One), $2348 (Year Two) and $2489 (Year Three) is hereby approved; and BE IT FURTHER RESOLVED that Gregory M. Paquin, as Mayor of the Village of Massena, is hereby authorized and directed to execute said Agreement. Question of the adoption of the foregoing resolution resulted as follows: AYE: Mayor Paquin, Trustee Winston, Trustee Simpson , Trustee McGowan NAY: NONE Mayor Paquin declared Resolution #53-2023 duly adopted (4:0). APPOINTMENT: SENIOR CLERK POLICE DEPT. -PAIGE BROTHERS (PROVISIONAL) A motion was offered by Trustee Winston, seconded by Trustee Simpson to appoint Paige Brothers (Provisional) to the Senior Clerk position at the Police Dept. (eff.10/02/23). Motion Carried 4:0 (AYE= Paquin/Winston/Simpson/McGowan). AUTHORIZATION TO CANVAS: POLICE DISPATCHER A motion was offered by Trustee Simpson, seconded by Trustee Winston to allow Chief Olson to canvas for a police dispatcher due to the recent transfer of Dispatcher Paige Brothers. Motion Carried 4:0 (AYE= Paquin/Winston/Simpson/McGowan). RESIGNATION : W. JOHN DAVIS- MASSENA HOUSING AUTHORITY BOARD A motion was offered by Trustee Simpson, seconded by Trustee McGowan to accept the resignation of W. John Davis from the Massena Housing Authority Board. (eff.08/21/23) Motion Carried 4:0 (AYE= Paquin/Winston/Simpson/McGowan). APPOINTMENT: PATTI DABIEW- MASSENA HOUSING AUTHORITY BOARD A motion was offered by Trustee Winston, seconded by Trustee Simpson to appoint Patti Dabiew to the Massena Housing Authority Board. (eff.10/01/23) Motion Carried 4:0 (AYE= Paquin/Winston/Simpson/McGowan). RESOLUTION#54-2023: AGREEMENT WITH NYS OPRHP, ESD, & SLC IDA (22-24 MAIN ST.) A motion was offered by Trustee Simpson, seconded by Trustee McGowan, and carried, to adopt the following resolution to wit: Resolution#54-2023 LETTER OF RESOLUTION AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION, THE EMPIRE STATE DEVELOPMENT, VILLAGE OF MASSENA AND ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY REGARDING 22-24 MAIN STREET (23PR03440) WHEREAS, Massena School of Business intends to transform the former site located at 22 Main Street located in the Village of Massena into hardscape courtyard/transitional space with a mezzanine, that connects the downtown corridor with the riverwalk areas while preserving the historic building façade; and 2132  Village of Massena Board of Trustees Meeting September 19, 2023 WHEREAS, the New York State Urban Development Corporation d/b/a Empire State Development (“ESD”) will be involved in administering funding associated with the Project; and WHEREAS, the Project will demolish the building which is eligible to be listed in the State and National Registers of Historic Places while retaining and structurally supporting the façade; and WHEREAS, the involved agencies have consulted with the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) in accordance with Section 14.09 of the Parks, Recreation and Historic Preservation Law (“NYSPRHPL”) enacted by the New York State Historic Preservation Act of 1980; and WHEREAS, based on the signed and stamped engineer’s report dated June 20, 2023 the building in its current condition is unsafe; and WHEREAS, the demolition of 22 Main Street constitutes an adverse impact under provisions of Section 14.09 and its implementing regulations (9 NYCRR Part 428); and WHEREAS, it has been determined by the involved agencies/parties that no feasible or prudent alternatives exist that would avoid or lessen the adverse impact to the historic resource associated with the progression of the undertaking; NOW, THEREFORE, in accordance with Section 14.09, OPRHP and ESD agree that the Project may proceed subject to the stipulations set forth below: STIPULATIONS The Village of Massena and St. Lawrence County Industrial Development Agency (the Project Sponsors) shall implement the Project in compliance with the following: 1. The Project Sponsors will conduct a full historic and photo documentation of the building and its contextual setting prior to demolition using OPRHP’s standard building documentation format (Attachment A) within six (6) months of execution of this document. SKAC will submit one (1) copy of the report to the OPRHP for forwarding to the New York State Archives, one (1) copy of the report will be provided to a local history repository, and (1) one digital copy of the report will be to be uploaded to CRIS for OPRHP; 2. The Project Sponsors will produce and install an interpretative panel that tells the history of the building within Massena’s downtown business district; 3. The Project sponsors will stabilize and structurally support the façade so the historic streetscape can be preserved; 4. If necessary, the Project sponsors will stabilize and structurally support the party walls; and Other Terms and Conditions: 1. Modifications, amendments, or termination of this agreement as necessary shall be accomplished by the signatories in the same manner as the original agreement. 2. Disputes regarding the completion of the terms of this agreement shall be resolved by the signatories. 3. This Agreement may be amended to add other State agencies as parities if it is subsequently determined they also have jurisdiction for this undertaking. 4. Any amendment must be agreed upon in writing by all parties to this agreement. 5. This LOR will expire if the undertaking is not completed within five (5) years from the date of effect. The duration of this LOR may be extended only upon approval of all 2133  Village of Massena Board of Trustees Meeting September 19, 2023 signatories. This LOR shall take effect on the date it is signed by the last signatory and will remain in effect until the Stipulations set forth herein have been met. Question of the adoption of the foregoing resolution resulted as follows: AYE: Mayor Paquin, Trustee Winston, Trustee Simpson , Trustee McGowan NAY: NONE Mayor Paquin declared Resolution #54-2023 duly adopted (4:0). VOUCHER WARRANT: A motion was made by Trustee Winston and seconded by Trustee Simpson to approve Voucher Warrant #479. Motion Carried 4:0 (AYE=Paquin/Winston/Simpson /McGowan). WARRANT#479 (Board Meeting 09/20/2023) 232997-233001 08/16/23 44,862.10 Prepaid Payroll 233002 08/21/23 23,462.94 CSEA Employee Benefit Fund 233003 08/21/23 126,858.47 Excellus BCBS 233004 08/21/23 100.00 Liberty HVAC Rentals 233005 08/21/23 25,105.12 UnitedHealthcare Ins. Co. Draft 0006271 08/21/23 47,154.18 Enterprise FM Trust 233006-233009 08/24/23 42,074.71 Prepaid Payroll 233010 08/24/23 10,031.27 ELAN Financial Services 233011 08/24/23 362.57 Great America Financial Services 233012 08/24/23 560.16 Liberty Utilities 233013 08/24/23 985.51 Massena Electric Dept. 233014 08/24/23 142.98 U.S. Bank National Assoc. 233015 08/24/23 124.25 U.S. Bank National Assoc. 233016 08/24/23 608.18 Verizon Wireless 233017 08/24/23 342.91 Verizon Wireless 233018-233022 08/30/23 44,822.34 Prepaid Payroll 233023 08/31/23 439.82 Charter Communications 233024 08/31/23 303.37 Great America Financial Svcs. 233025 08/31/23 50.48 Verizon 233026 08/31/23 175.33 Verizon 233027 08/31/23 9.49 NYS Unemployment Insurance 233028-233032 09/07/23 41,668.66 Prepaid Payroll 233033 09/07/23 21,874.92 Massena Electric Dept. 233034 09/07/23 82.85 U.S. Bank National Assoc. 233035-233041 09/13/23 48,197.87 Prepaid Payroll 233042 09/14/23 1,713.43 SLIC Network Solutions Draft0006321 08/31/23 -39.05 ADJ. NYS Retirement System 482,074.86 Total Prepaid 233043-233158 09/19/23 861,743.90 Total Unpaid 1,343,818.76 Total Warrant#479 Including Prepaid Payroll MONTHLY REPORTS : The following monthly reports were presented and reviewed: Massena Rescue Squad (August 2023) Massena Perm. Firefighters / Village of Massena Code Enforcement Office (August 2023) Explore Massena Monthly Progress Report (August 2023) COMMUNICATIONS/CORRESPONDENCE: “Core of the Community” Building Improvement Fund Center Street Culvert Project Public Information Meeting: October 4,2023 at 5:00 p.m. CLOSING PUBLIC COMMENT PERIOD: Resident / Landlord Dennis Kemison questioned who is eligible to participate in the “Core of the Community”. Administrator Chatland explained where the boundaries are set for businesses within DRI (Downtown Revitalization Initiative), map with locations is set to keep in an area centered for growth. EXECUTIVE SESSION: A motion was offered by Trustee Simpson, seconded by Trustee Winston, to enter into an Executive Session at 6:19 p.m. to discuss Possible Litigation. Motion Carried 4:0 (AYE= Paquin/Winston/Simpson/McGowan). Also in attendance was Fire Foreman/Code Enforcement Officer Hardy and Police Chief Olson. No action was taken. 2134  Village of Massena Board of Trustees Meeting September 19, 2023 At 6:31 p.m. a motion was made by Trustee Simpson and seconded by Trustee Winston to close executive session and return to the open meeting. Motion Carried 4:0 (AYE= Paquin/Winston/Simpson/McGowan). ADJOURNMENT: With no further business, a motion to adjourn the Village Board meeting was made by Trustee Simpson at 6:31 p.m. and seconded by Trustee McGowan. Motion Carried 4:0 (AYE= Paquin/Winston/Simpson/McGowan). MINUTES PREPARED BY: Monique N. Chatland, Village Clerk 2135