REGULAR MEETING OF THE LOUISVILLE TOWN BOARD
TOWN OF LOUISVILLE, NEW YORK
MARCH 9, 2016; 7:00PM
BOARD MEMBERS PRESENT:LARRY LEGAULT, SUPERVISOR
GAIL SCHNEIDER, COUNCILWOMAN
PATRICK CARROLL, COUNCILMAN
DAN O’KEEFE, COUNCILMAN
DAVID MOULTON, COUNCILMAN
HIGHWAY SUPERINTENDENT PRESENT: VERN FENLONG
Supervisor Legault called the meeting to order at 7:00pm.
Moved by Councilman Moulton, seconded by Councilwoman Schneider and duly carried to accept the February 10, 2016 regular meeting minutes.
REPORT FROM SUPERVISOR OF RECREATION AND MAINTENANCE DEWEY LAVALLEY:
The Battle of the Boarder tournament has been cancelled; therefore the shutdown of the artificial ice will be the 18th.
There are a few birthday parties booked for the Community Center.
After the ice is removed, there is general maintenance and a few leaks to fix. Painting the inside of the arena is a possible project.
The hours for summer help and John Beattie was discussed.
Moved by Councilwoman Schneider, seconded by Councilman O’Keefe and duly carried to adjourn the regular meeting and enter into executive session to discuss the employment history of a particular individual at 7:08pm.
Moved by Councilman Moulton, seconded by Councilman O’Keefe and duly carried to end the executive session and return to the regular meeting at 7:23pm.
No action was taken.
REPORT FROM HIGHWAY SUPERINTENDENT VERN FENLONG:
The company that supplies the digital speed limit sign has not returned our telephone call.
Concerning the sign for out front of the municipal building- Northern Signs estimate for a 3x6 sign with remote programing, 5 ½ inch lettering, 2 sided is $20,000.00. Signtec Co. estimate of a 32x50 remote programming, two sided sign is $13,700.00 and TV liquidators 85x36 led signs – purchase two and put them back to back, remote programming, we build the frame is $2,585.00 each. The Board discussed what would be displayed on the sign and the building permit requirements.
Moved by Councilman Carroll, seconded by Councilman Moulton and duly carried to hold the Spring Clean-up:Wednesday May 18th through Friday May 21thfrom 7:00am until 5:00pm.
The price on a Caterpillar backhoe is $86,466.16, purchased outright. The lease option cost is $109,275.85 with a $2,500.00 trade-in. The lease program is 3 or 5 year –the 3 year price is $36,511.64 annual payment with a $1.00 option to purchase after 3 years and the 5 year price is $22,391.22 annually with the option to purchase at the end for $1.00. The Board discussed the possibility of purchasing the backhoe through the DB highway account- Clerk Cameron will research. Currently DA does not have the funds to make the purchase but DB has unexpended balance that could be used. If financed, the first bank payment would be 2017. Highway Superintendent Fenlong is also looking for a used backhoe.
PUBLIC COMMENT
Carol Pulley would like to know when the final meeting of the Winter Chill is being held. She also stated that her water has been good, even the first thing in the morning.
COMMUNICATIONS AND PETITIONS:NYSDOT, Time Warner Cable, NBT Bank, SLC Treasurer, Selective Insurance, NYSDEC, Massena Public Library, SLC Treasurer’s Department, NYS Department of Health, St. Lawrence Gas, SLC Board of Elections, Tompkins Insurance, Kelly Sales, SLC Planning Office, audit report for Louisville Town Justice, Supervisor’s Report for January and February, Code Enforcement Report and Valley Water Solutions.
Moved by Councilwoman Schneider, seconded by Councilman Dan to pass the following resolution for NYSDOT allowing us to use their equipment if there is an emergency over $10,000.00 and the governor does not declare an emergency. The agreement is as follows:
SHARED SERVICES AGREEMENT between NYSDOT, hereinafter referred to as "State" or "NYSDOT" and the Town of Louisville, New York, hereinafter referred to as "Municipality." Pursuant to Section 99-r of the General Municipal Law, the State and the Municipality wish to share services, exchange or lend materials or equipment which shall promote and assist the maintenance of State and Municipal roads and highways and provide a cost savings, by maximizing the effective utilization of both parties' resources. The State and the Municipality agree to share services as follows:
1. Description and Cost of Services, Materials or Equipment to be shared for any undeclared Emergency Events. Costs to be determined at a later date. The total amount of the agreement shall not exceed ten thousand dollars ($10,00000).
2. The Provider's employees shalt remain under full supervision and control of the Provider. The parties shall remain fully responsible for their own employees for all matters; including but not limited to, salary, insurance, benefits and Workers Compensation.
3. If the borrowed machinery or equipment is damaged or otherwise needs repair arising out of or in connection with the Recipient's use, the Recipient shall be responsible for such repairs.
4. The Municipality agrees to indemnify the State for any and all claims., arising out: of the Municipality's acts or omissions under this Agreement. The State agrees to indemnify the Municipality for any and all claims arising out of the State's acts or omissions under this Agreement.
5. The term of this Agreement shall be for one(1) year. The parties will endeavor to provide no less than thirty (30) days' notice of its intent to extend the Agreement. Either Party may revoke this Agreement, with or without cause, by providing sixty (.60) days written notice of such revocation. Upon revocation, any outstanding obligations of the parties must be satisfied within thirty (30) days of the date of such revocation.
Moved by Councilman Moulton, seconded by Councilwoman Schneider and duly carried to change one Verizon telephone line at the Water Treatment Plant by signing the service agreement with Time Warner for one telephone line and internet service in the amount of $104.98 per month.
The SLC Treasurer reported that the Worker’s Compensation net liability as of 12/31/15 was $376,336.07 as compared to $152,517.48 for 2014. The increase between the allocation percentages for the Town of Louisville is outstanding case reserves relating to two claims (year 2007 and year 2011) by a previous employee.
$9,001.65 was received from the Town of Norfolk for the Water District #3 relevy.
There was a water line break at the Water Treatment plant that caused damage to the office area. Supervisor Legault called the insurance company, however we have $1,000.00 deductible and the damage was minor.
NYSDEC has issued a mining permit to Perras Excavating for an area near the intersection of Pettis Road and CR 14.
SLC Treasurer’s Department sent a table listing the Certificates of Residence for the Community College Chargebacks. It will be reviewed by the Town Clerk.
The Governmental Insurance- Disclosure statement for Tompkins Insurance and Manley Insurance.
Kelly Sales Corporation quoted $7,400.00 for a new pair of doors on the front of the Community Center. He also stated that a cover needs to be added above the side door of the CC before the door is ruined.
Moved by Councilwoman Schneider, seconded by Councilman Moulton and duly carried to accept the 2015 annual audit by Councilman O’Keefe for the Justice Court.
Moved by Councilman Carroll, seconded by Councilwoman Schneider and duly carried to charge $2.00 as the second notice fee for the 2016 Town and County Property Taxes.
OLD BUSINESS:
Report on Water District #3: The final punch list items are being reviewed, the parts inventory has not been received from Marcellus and the budget is being reviewed with NYSEFC.
RVRDA will meet on April 12, 2016 at 6:00pm at the Louisville Town Office.
Clerk Cameron has contacted C2AE and the Louisville Fire Department concerning finishing the ISO rating update.
Supervisor Legault spoke to Mark Slade concerning NYPA outstanding invoices. The amount recoupable from NYPA and payable to the capital fund is $13,377.35.
The Board reviewed the C2AE proposal to amend the Wilson Hill sewer project with NYSEFC. After much discussion, Richard Evans, President of the Wilson Hill Association will be contacted and asked for feedback from the Wilson Hill residents as to whether to proceed with updating the proposal or not.
The Summer Bash committee will meet on April 6, 2016 at 6:00pm at the Louisville Town Office.
Moved by Councilman Moulton, seconded by Councilwoman Schneider and duly carried to purchase a Caterpillar backhoe for $86,466.16 with money borrowed from Capital and paid back with a three year 3% loan. The 1st annual payment is to be made one year from the delivery date. The backhoe that we currently own can be traded in or sold out right whichever is worth more.
Councilman O’Keefe provided the Board members with a copy of the RVRDA grant proposal for playground equipment and grantwriting funds. The grant for the kayak docks has been submitted, but we are waiting for NYPA dock installation approval.
Moved by Supervisor Legault, seconded by Councilman Carroll and duly carried to submit the grant application to RVRDA with the $100.00 processing fee.
Supervisor Legault reported that there are 9 landowners that had not settled with NYPA concerning the adjoining lot.
Moved by Councilman O’Keefe,seconded by Councilwoman Schneider and duly carried to pass the following policies: Problem Resolution and Disciplinary Process, USB and Flash Drive Security (update), Travel Reimbursement, Computer, Phone and Internet Use (update), Drug Testing Policy (update).
Problem Resolution & Disciplinary Process
Correction of Employee Related Problems/Disciplinary Process
The Town of Louisville believes that every one of its employees joins the organization with the desire to contribute to the Town's mission to the best of their ability. For many reasons however, a problem may develop with the productivity or work habits of an employee. When such a situation occurs, the Town will take the steps necessary which in its discretion will address the problem. Where appropriate in a situation the Town may use the following three (3) types of warnings:
1. Verbal Warning:
Used for minor infractions and in many instances, as a first step in the corrective pattern.
2. Written Warning:
Used for infractions occurring after counseling and verbal reprimand have taken place. The written warning may also be used in the case of a first offense if such infraction is a major or severe type. A suspension without pay may occur at this step if it is determined appropriate.
3. Developmental Plan/Written Warning:
This is the last step prior to dismissal in the corrective process. A suspension without pay may occur at this step also if it is determined appropriate.
Except in cases where an infraction is serious enough to warrant a written warning or immediate dismissal, the progressive disciplinary process consists of:
! Two verbal warnings
! Written warning
! Developmental plan/Written warning with suspension without pay
Prior disciplinary action will not be used against an employee if no further disciplinary action is brought against the employee within the following time periods:
! Oral warning - 1 year
! Written warning - 2 years
! Developmental Plan - 3 years
Rules and Regulations for Effective Business Operations
Basic rules and regulations for the acceptable conduct of employees are necessary for the orderly operation of any business and for the benefit and protection of the rights and safety of all employees and visitors. Guidelines and the procedures for disciplinary action are published to provide a common base for acceptable conduct.
The outline of disciplinary action below is provided as a guide for the appropriate first step in the disciplinary process.
This list is not to be considered all-inclusive and there may be situations where the inappropriate behavior identified in a group guideline needs to be addressed at a higher level of discipline. When situations arise that are not included below, the appropriate management members will determine the appropriate course of action to be taken.
Rules and regulations are divided into 3 groups with the outline of disciplinary action given for each group.
Group I Guidelines
1. Obscene, abusive language towards the public, visitors, or co-workers.
2. Disregard of Town/department dress code where applicable.
3. Doing unauthorized non-work related matters during working hours such as conducting unauthorized personal business.
4. Excessive and/or unexcused absenteeism, tardiness, or leaving work early without supervisory permission.
5. Unsatisfactory work performance such as failure to meet job related responsibilities in accordance with established expectations or protocols or failure to complete assigned work schedule or duties without supervisory approval.
Violations of Group I guidelines may result in verbal warnings as the first step in the disciplinary process unless the situation is of such a nature that a higher level of discipline is more appropriate.
Group II Guidelines
1. Insubordination
2. Harassment of public, visitors, or co-workers
3. Fighting (all parties directly)
4. Sleeping during assigned working hours
5. Being at work in an unfit condition or the inability to assume normal duties as a result of the use of alcohol, narcotics, other controlled substances and drugs, and other intoxicants.
6. Exhibiting or acting in a manner which coerces, intimidates or threatens the welfare of other employees, or visitors or causes any of these individuals to believe that physical harm is meant to be inflicted on their person or property.
7. Creating unsafe or unsanitary conditions or contributing to such conditions by an act of omission.
8. Providing a lack of customer service
Violations of Group II guidelines may result in written warnings as the first step in the disciplinary process unless the situation is of such a nature that a higher level of discipline is more appropriate.
Group III Guidelines
1. Falsifying time reports or any record used in determining pay or completing another employee's time record.
2. Theft of Town of Louisville property or that of another employee or visitor.
3. Unauthorized sale of alcohol, narcotics, other controlled substances and drugs, or other intoxicants on Town property.
4. Negligence in performing job responsibilities which did or could have resulted in harm to the public, visitors, or co-workers.
5. Deliberate destruction or damage to Town of Louisville property.
6. Theft or loss of monies paid to the Town of Louisville for services rendered. Besides potential termination of employment, employees are responsible for all payments scheduled during their hours of work.
Violations of Group III guidelines may result in termination of employment.
Problem Resolution/Complaint Process
All employees who discuss a problem with their Department Supervisor or Town Board member are given complete and impartial consideration with no retaliation or discrimination.
Employees are actively encouraged to seek information or obtain advice from their Department Supervisor or Town Board member and are required to pursue problems that are not resolved to their satisfaction through the appropriate reporting relationships.
If a concern, question, or problem exists:
(1) The employee should first discuss the situation with their Department Supervisor or Town Board member. In most cases a solution is found in this first step.
In some cases the employee may prefer to take a problem directly to the next level of supervision if the concern is with the employee's immediate supervisor.
(2) If the employee is not satisfied with the results of the discussions with the Department Supervisor, the employee can request a meeting with the Town Board member within 5 working days after their meeting with their Department Supervisor.
The Town Board member will arrange a meeting with the employee. Generally the meeting is within 10 working days of receiving a written request. Following the meeting, a written response will be provided within 5 to 10 working days after the date of the meeting.
(3) If the problem is still unresolved, the employee will have the opportunity to meet with the Town Supervisor or Town Board as a whole. The employee must send a written request within 5 working days of the meeting with the Town Board member. The Town Supervisor will arrange a meeting with the employee. Generally, the meeting is within 10 working days of receiving the request and provides the employee a written response within 5 to 10 working days after the date of the meeting. Employees covered under a collective bargaining agreement are subject to the grievance process as outlined in their contract.
Employees, both union and non-union are invited at any time during this process to meet with the Town Supervisor or any Town Board member to discuss the problem.
In the case of a suspension or termination of a teamster union member, the Town and the Union shall adhere contract provisions in effect at that time.
USB and Flash drive Security Policy
Purpose:
The purpose of this policy is to outline the acceptable use of USB flash drives for the Town of Louisville. Because USB flash drives may be used to transfer tremendous amounts of data very quickly, they pose a great risk of loss, theft, or other compromise of protected information and other sensitive data. The Town of Louisville has adopted this USB and Flash Drive Security Policy to comply with the requirement to protect the security of personal and private electronic information, as well as to fulfill our duty to protect the confidentiality, integrity, and availability of confidential information as required by law. These rules are in place to protect the employee and the Town of Louisville. Inappropriate use exposes the Town to risks including virus attacks, compromise of network systems and services, and legal issues.
Scope:
This policy applies to employees, contractors, consultants, temporaries, and other workers at the Town of Louisville including all personnel affiliated with third parties. This policy applies to all personal storage devices, including USB flash drives.
Policy:
In an effort to properly safeguard our information assets while using information technology, no member of the Town’s workforce will use any flash memory or similar device that is not provided by the Town. Anyone desiring to use flash memory devices must obtain pre-approved USB flash drives from the Town. No personal USB or flash drives are permitted on the network. The flash drives and the data they contain are part of the business equipment and data of the Town of Louisville, and are not the property of the users of the system. The Town reserves the right to monitor, audit, delete, and read data on any storage devices. Use of the Town’s USB flash drives constitutes consent to this policy. The National Institute of Standards and Technology (NIST) provided a checklist for protection of remote information. The intent of implementing the checklist is to compensate for the lack of physical security controls when information is removed from, or accessed from outside the Town office location.