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Who owns the Massena Public Library?

Posted 5/15/24

MASSENA -- With the Library District vote set for May 21 between 12-8 p.m. at the Massena Community Center, some have been left wondering who actually owns the library.. 

Despite some …

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Who owns the Massena Public Library?

Posted

MASSENA -- With the Library District vote set for May 21 between 12-8 p.m. at the Massena Community Center, some have been left wondering who actually owns the library.. 

Despite some differing opinions on the matter, St. Lawrence County Real Property Director Bruce Green says the library owns the property, not the town.

North Country This Week sought a definitive answer on the matter after receiving a letter from President of the Board of Trustees of the Massena Public Library Joseph Savoca.

In the letter, Savoca said he wanted to lay out some facts about the potential transition, the third fact being related to who owned the property.

"A library that owns its own building is able to keep that building when it changes library "types,” which is what the May 21 vote is about. As its own legal entity, the Massena Public Library owns its building. The current vote, if successful, will not change the location of the library," he wrote.

Savaco says the goal is to clear up misinformation. In an email to local media outlets, he also included a memo from library attorney Stephanie Adams, Esq., who is based in Buffalo.

Library Attorney

"Because it appears there may be some confusion, the purpose of this memo is to clarify that the Massena Public Library, and no other entity, owns the Massena Public Library building and grounds," her memo began.

Throughout the memo, Adams detailed the library's argument, claiming the Massena Public Library is an independent corporation, not a department or division of the Town of Massena.

"The current Library was first chartered as an independent corporation in 1935. The charter was issued by the New York State Education Department, which is the chartering body for all education corporations (such as colleges, museums, and public libraries)," she wrote.

Adams continued, saying the library, as an independent corporation, is governed by a board of trustees who are responsible for the operation of the library. Board members are currently appointed by the Massena town board.

Adams went on further, saying the library is empowered to own property because of its corporate status, which also extends to the contents of the library and the surrounding property.

Adams also detailed the deed to the property, saying the Massena Public Library was deeded the property in 1946.

"Interestingly, the deed to the current library entity was from a prior incarnation of the library, the ‘Massena Library,’ which was granted the property by a resident of Massena, Hattie Anderson, in 1916. The Library can provide copies of the library’s deeds and charters over time to anyone who would like copies," she wrote.

While tax implications have been another hot topic, Adams wrote that transitioning to a school district library will increase operational efficiency.

"This can be a shrewd move financially (because services like snow removal can be bundled), but it can create the impression that the Library is merely a department of the school district or municipality. That impression is contrary to governing law, and any inquiry to the New York Attorney General Charities Bureau, the Office of the State Comptroller, or the New York Department of Education will confirm that," she wrote.

Adams said the transition will ultimately not see the building transition in ownership because the library is the sole owner.

"The Massena Public Library is the sole owner of the library’s grounds, building and assets. If the current vote to change the way the library operates (moving from appointed to elected trustees and to direct voter approval of the budget) passes, the library will remain in the building, for terms set by the library’s governing board," she wrote.

County Agrees

To verify the attorney's opinion, North Country This Week also reached out to Green, director of the county Real Property Department.

Green confirmed that the Massena Public Library is not owned by the town and is in fact independent of the town.

Green said the library does not own the parking lot, which he says is actually owned by the Village of Massena.

Green also clarified the existing tax rolls that led to some confusion, saying the library "is exempt on the assessment roll with the exempt code of 13500 Town Owned. Which means it is Village, County, Town and School Exempt for taxes."

Through 2017, the assessment rolls listed the library as the  Massena Public Library, however from 2018 moving forward, the name was changed to the Town of Massena Public Library, he said.

"Currently the budget for the Massena Public Library is within the Town of Massena budget which gets levied under the Town of Massena line on the Town and County tax bill," Green said.

He continued, saying "Property owners within the Town of Louisville and in the Massena School District have a separate line item for Public Library under the Town and County tax bill. This line item funds the Massena Public Library which amounted to $9000 in 2024."

Green also said the towns of Brasher and Norfolk, who would fund the library if the library transitioned, said those residents "would have to ask each town if the funding is for their own town library or a combination of their library and the Massena Public Library."

Town’s view

At the heart of the issue is a concern that the town might seek compensation for the building should the library district vote pass.

When asked to comment on the ownership of the building and whether the town would seek compensation for the building if the town believed they owned the property, Town Supervisor Sue Bellor offered no comment.

Further clarification was sought from the town attorney but no response was provided as of presstime Wednesday.

This is the second attempt in four years that library officials have attempted the transition after a failed attempt in 2020.

Voters in the towns of Brasher and Norfolk were resistant to the previous attempt and shot it down by a vote of 1,640 to 892.

Town of Massena officials approved the $504,133 budget for the current fiscal year, however library officials say services and employees have been slowly cut in recent years due to budget decreases. If the library were successful in transitioning, more services can be offered, more employees can be added, part-time employees can once again receive benefits with increased hours of employment and library hours could be extended, officials say.

The possibility of the library transitioning to a school district library would also come with a budget increase from $504,133 to $679,990, if approved.

If the vote were successful, residents that live within the Massena Central School District would all be responsible for paying for the library's expenses through school taxes. Along with Massena, the district also encompasses parts of Brasher, Louisville and Norfolk.

For residents in Louisville who have a home assessed at $100,000, the tax to be assessed for the library will rise from $6 to $106 per year. In Brasher, residents with homes valued at $100,000 would go from paying nothing to $81 per year. In Norfolk, residents in the district with homes valued at $100,000 will go from paying nothing to $100 per year.

Library officials say a FAQ section on the library website that should address any question residents may have.

For more information, visit massenapubliclibrary.org.