TOWN OF WATERTOWN
Regular Meeting
Municipal Building
April 11, 2019
Members Present: Joel R. Bartlett, Supervisor
Paul V. Desormo, Councilman
David D. Prosser, Councilman
Timothy McAtee, Councilman
Joanne McClusky, Councilwoman
Members Absent:
Supervisor Bartlett opened the meeting with Pledge of Allegiance followed by roll call of members present at 7:00 pm. Attorney Russell was also present.
MOTION #24-2019
Supervisor Bartlett moved to adopt the minutes from the March 14, 2019 meeting, Councilman Prosser seconded.
Ayes All
Supervisor Bartlett opened the public hearing regarding the extension of Water District No. 1 at 7:01 pm. No one wished to speak; the floor was closed at 7:02 pm.
Supervisor Bartlett opened the public hearing regarding the extension of Sewer District No. 3 at 7:02 pm. No one wished to speak; the floor was closed at 7:03 pm.
The floor was opened for public comments, no one wished to speak; the floor was closed.
Supervisor Bartlett accepted the Town Clerk and Town Ambulance reports.
MOTIONS/RESOLUTIONS
The Board reviewed Part 1 of the Short Environmental Assessment Form for Water District No. 1 followed by a reading and discussion of Part 2:
.
• Will the proposed action create a material conflict with an adopted land use plan or zoning regulations?
Answer: No
• Will the proposed action impair the character or quality of the existing community?
Answer: No
• Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)?
Answer: No
• Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities?
Answer: No
• Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems?
Answer: No
The Board determined, based on the information and analysis provided the proposed action will not result in any significant adverse environmental impacts.
MOTION #25-2019
WHEREAS, the Town Board of the Town of Watertown in accordance with a map, plan and report has proposed an extension of the Town of Watertown Water District No. 1; and
WHEREAS. Part I of a Short Environmental Assessment Form has been submitted to the Town Board relative to such extension of Water District No. 1; and
WHEREAS, pursuant to 6 NYCRR part 617, this Board has reviewed Part II of the Short Environmental Assessment Form to determine whether the Action will have a significant effect on the environment; and
WHEREAS, pursuant to Article VIII of the Environmental Conservation Law and the regulations adopted pursuant thereto by the Department of Environmental Conservation, to wit: 6 NYCRR Part 617, this Board has determined that the Action will not have a significant effect on the environment, and will not cause a significant impact on the environment, and therefore, the preparation of an Environmental Impact Statement is not required.
NOW, THEREFORE, be it resolved by the Town Board of the Town of Watertown as follows:
1. Based upon the examination of the Short Environmental Assessment Form and the criteria set forth in 6 NYCRR Part 617, this Board makes the following findings.
A. The proposed Action constitutes an unlisted action pursuant to 6 NYCRR Part 617.
B. No potentially significant adverse impacts on the environment are noted on the Environmental Assessment Form and none are known to this Board.
C. There will be no substantial adverse change in existing air or water quality.
D. There will be no hazard to human health.
E. There will be no substantial change in the use or the intensity of use on the land.
F. There will not be created a material conflict with the community’s current plans or goals as official adopted.
G. None of the criteria listed in 6NYCRR section 617.11 will be present in the proposed Inspection and no similar criterial will be present which will adversely impact the environment.
2. The notice of Determination of Nonsignificance attached hereto is hereby accepted by this Board as its Negative Declaration in connection with this inspection.
3. The Town Clerk for the Town of Watertown is hereby directed to file in the Town in the file readily accessible to the public the Negative Declaration attached
4. All subsequent notices concerning this inspection shall note that this Board has issued a negative declaration.
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and second by Councilman Desormo, and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett Yes
Councilman Paul V. Desormo Yes
Councilman David W. Prosser Yes
Councilman Timothy L. McAtee Yes
Councilwoman Joanne M. McClusky Yes
MOTION #26-2019
WHEREAS, by order of this Board dated March 14, 2019, a public hearing was scheduled for April 11, 2019, at 7:00 p.m., to consider the extension of Town of Watertown Water District No. 1 to include a parcel of land encompassing approximately .74 acres as more particularly described at Exhibit “A” attached hereto; and
WHEREAS, the order scheduling the public hearing was duly posted and published as required by law, and on April 11, 2019, at 7:00 p.m., a public hearing was held to consider all persons interested in the proposed extension of Water District No. 1.
NOW, on motion duly made and seconded, this Board makes the following determinations:
1. The Order scheduling public hearing was duly published and posted as required by law, and is otherwise sufficient.
2. All property and property owners to be benefited by the proposed Water District extension are included within the boundaries of the proposed extension.
3. All of the property owners and all of the property located within the proposed district extension are benefited thereby.
4. The extension of Water District No. 1 pursuant to the map plan and report on file at the office of the Town Clerk, and upon which the public hearing was held on April 11, 2019 is in the public interest.
5. The extension of Town of Watertown Water District No. 1 as described in the map plan and report to encompass the property as described on the attached Exhibit “A”, is hereby approved.
6. This Resolution is adopted subject to a permissive referendum.
7. The Town Clerk is hereby directed to publish a copy of this Resolution in the official newspaper of the Town of Watertown within ten (10) days of its adoption.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and second by Councilman Prosser, and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett Yes
Councilman Paul V. Desormo Yes
Councilman David W. Prosser Yes
Councilman Timothy L. McAtee Yes
Councilwoman Joanne M. McClusky Yes
SCHEDULE “A”
ALL THAT TRACT or parcel of land situate in the Town of Watertown, County of Jefferson, State of New York, and further described as follows:
BEGINNING at the intersection of the northerly highway limits of New York State Route 12Fand the westerly highway limits of County Route 202;
THENCE in a generally northwesterly direction along the northerly highway limits of New York State Route 12F to the most southerly corner of Tax Map Parcel 73.19-1-6;
THENCE in a generally northeasterly direction along the easterly property line of Tax Map Parcel 73.19-1-6 to the most easterly corner of Tax Map Parcel 73.19-1-6, said point being in the Town of Watertown Water District No. 1;
THENCE in a generally southeasterly direction along the northerly property line of Tax Map Parcel 73.19-1-7 to a point in the westerly highway limits of County Route 202, said point being in the Town of Watertown Water District No. 1 limits;
THENCE in a generally southwesterly direction along the westerly highway limits of County Route 202 limits to the point of beginning.
CONTAINING 0.74 acres of land more or less.
IT BEING the intent to add Tax Parcel Number 73.19-1-7 to the Town of Watertown Sewer District 3 utilizing Town of Watertown Tax Map 73.19, said Tax Map is on file at the Jefferson County Tax Mapping Department.
The Board reviewed Part 1 of the Short Environmental Assessment Form for Sewer District No. 3 followed by a reading and discussion of Part 2.
• Will the proposed action create a material conflict with an adopted land use plan or zoning regulations?
Answer: No
• Will the proposed action impair the character or quality of the existing community?
Answer: No
• Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)?
Answer: No
• Will the proposed action impair the character quality of important historic, archaeological, architectural or aesthetic resources?
Answer: No
• Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems?
Answer: No
• Will the proposed action create a hazard to environmental resources or human health?
Answer: No
The Board determined, based on the information and analysis provided the proposed action will not result in any significant adverse environmental impacts.
MOTION #27-2019
WHEREAS, the Town Board of the Town of Watertown in accordance with a map, plan and report has proposed an extension of the Town of Watertown Sewer District No. 3; and
WHEREAS. Part I of a Short Environmental Assessment Form has been submitted to the Town Board relative to such extension of Sewer District No. 3; and
WHEREAS, pursuant to 6 NYCRR part 617, this Board has reviewed Part II of the Short Environmental Assessment Form to determine whether the Action will have a significant effect on the environment; and
WHEREAS, pursuant to Article VIII of the Environmental Conservation Law and the regulations adopted pursuant thereto by the Department of Environmental Conservation, to wit: 6 NYCRR Part 617, this Board has determined that the Action will not have a significant effect on the environment, and will not cause a significant impact on the environment, and therefore, the preparation of an Environmental Impact Statement is not required.
NOW, THEREFORE, be it resolved by the Town Board of the Town of Watertown as follows:
1. Based upon the examination of the Short Environmental Assessment Form and the criteria set forth in 6 NYCRR Part 617, this Board makes the following findings.
A. The proposed Action constitutes an unlisted action pursuant to 6 NYCRR Part 617.
B. No potentially significant adverse impacts on the environment are noted on the Environmental Assessment Form and none are known to this Board.
C. There will be no substantial adverse change in existing air or water quality.
D. There will be no hazard to human health.
E. There will be no substantial change in the use or the intensity of use on the land.
F. There will not be created a material conflict with the community’s current plans or goals as official adopted.
G. None of the criteria listed in 6NYCRR section 617.11 will be present in the proposed Inspection and no similar criterial will be present which will adversely impact the environment.
2. The notice of Determination of Nonsignificance attached hereto is hereby accepted by this Board as its Negative Declaration in connection with this inspection.
3. The Town Clerk for the Town of Watertown is hereby directed to file in the Town in the file readily accessible to the public the Negative Declaration attached
4. All subsequent notices concerning this inspection shall note that this Board has issued a negative declaration.
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and second by Councilman McAtee, and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett Yes
Councilman Paul V. Desormo Yes
Councilman David W. Prosser Yes
Councilman Timothy L. McAtee Yes
Councilwoman Joanne M. McClusky Yes
MOTION #28-2019
WHEREAS, by order of this Board dated March 14, 2019, a public hearing was scheduled for April 11, 2019, at 7:00 p.m., to consider the extension of Town of Watertown Sewer District #3 to include a parcel of land encompassing approximately .74 acres as more particularly described at Exhibit “A” attached hereto; and
WHEREAS, the order scheduling the public hearing was duly posted and published as required by law, and on April 11, 2019, at 7:00 p.m., a public hearing was held to consider all persons interested in the proposed extension of Sewer District #3.
NOW, on motion duly made and seconded, this Board makes the following determinations:
1. The Order scheduling public hearing was duly published and posted as required by law, and is otherwise sufficient.
2. All property and property owners to be benefited by the proposed Sewer District extension are included within the boundaries of the proposed extension.
3. All of the property owners and all of the property located within the proposed district extension are benefited thereby.
4. The extension of Sewer District #3 pursuant to the map plan and report on file at the office of the Town Clerk, and upon which the public hearing was held on April 11, 2019 is in the public interest.
5. The extension of Town of Watertown Sewer District #3 as described in the map plan and report to encompass the property as described on the attached Exhibit “A”, is hereby approved.
6. This Resolution is adopted subject to a permissive referendum.
7. The Town Clerk is hereby directed to publish a copy of this Resolution in the official newspaper of the Town of Watertown within ten (10) days of its adoption.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and second by Councilman Prosser, and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett Yes
Councilman Paul V. Desormo Yes
Councilman David W. Prosser Yes
Councilman Timothy L. McAtee Yes
Councilwoman Joanne M. McClusky Yes
SCHEDULE “A”
ALL THAT TRACT or parcel of land situate in the Town of Watertown, County of Jefferson, State of New York, and further described as follows:
BEGINNING at the intersection of the northerly highway limits of New York State Route 12Fand the westerly highway limits of County Route 202;
THENCE in a generally northwesterly direction along the northerly highway limits of New York State Route 12F to the most southerly corner of Tax Map Parcel 73.19-1-6;
THENCE in a generally northeasterly direction along the easterly property line of Tax Map Parcel 73.19-1-6 to the most easterly corner of Tax Map Parcel 73.19-1-6, said point being in the Town of Watertown Sewer District No. 3;
THENCE in a generally southeasterly direction along the northerly property line of Tax Map Parcel 73.19-1-7 to a point in the westerly highway limits of County Route 202, said point being in the Town of Watertown Sewer District No. 3 limits;
THENCE in a generally southwesterly direction along the westerly highway limits of County Route 202 limits to the point of beginning.
CONTAINING 0.74 acres of land more or less.
IT BEING the intent to add Tax Parcel Number 73.19-1-7 to the Town of Watertown Sewer District 3 utilizing Town of Watertown Tax Map 73.19, said Tax Map is on file at the Jefferson County Tax Mapping Department.
MOTION #29-2019
BOND RESOLUTION DATED APRIL 11, 2019
A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS, A STATUTORY INSTALLMENT BOND OR INSTALLMENT PURCHASE AGREEMENT FOR THE PURCHASE OF A 2019 WESTERN STAR TANDEM DUMP TRUCK WITH PLOW, PLOW FRAMES AND HARNESS FOR AN AMOUNT NOT TO EXCEED $250,000.
BE IT RESOLVED, by the Town Board of the Town of Watertown, Jefferson County, New York, as follows:
Section 1. The purchase of a 2019 Western Star Tandem Dump Truck with Plow, Plow Frames and Harness, for the Town of Watertown is in the interest of its residents of the Town of Watertown. The maximum cost of such specific objects or purposes is $250,000.
Section 2. It is hereby determined that the period of probable usefulness of the aforesaid Tandem Dump Truck with Plow, Plow Frames and Harness is fifteen (15) years; pursuant to Section 11.00 (a)(28) of the Local Finance Law. It is further determined that no down payment is required pursuant to Section 107 of the Local Finance Law.
Section 3. The plan for the financing of such estimated cost for such objects or purposes is by the issuance of Serial Bonds, a Statutory Installment Bond or Installment Purchase Agreement not to exceed $250,000 for such objects or purposes of said Town, hereby authorized to be issued therefore pursuant to the Local Finance Law. Such financing shall be repaid over a period in excess of five (5) years.
Section 4. The faith and credit of the Town of Watertown, Jefferson County, New York is hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.
Section 5. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether to manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bond are to be executed in the name of the Town by the facsimile signature of its Town Supervisor), including the consolidation with other issues, shall be determined by the Town Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. 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 52.00 of the Local Finance Law, as the Town Supervisor shall determine.
Section 6. The validity of such bonds and bond anticipation notes may be contested only if:
(1) Such obligations are authorized for an object of purpose for which said Town is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit of proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 7. Upon this resolution taking effect, the same shall be published in the Watertown Daily Times, the official newspaper of said Town, for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 8. This resolution is not subject to permissive referendum, pursuant to Section 35.00 of the Local Finance Law.
Section 9. This resolution shall constitute a statement of official intent for the 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.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and second by Councilman Prosser, and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett Yes
Councilman Paul V. Desormo Yes
Councilman David W. Prosser Yes
Councilman Timothy L. McAtee Yes
Councilwoman Joanne M. McClusky Yes
The resolution was thereupon declared duly adopted.
The above resolution is a true, complete and accurate copy of a resolution made and seconded at a regular meeting of the Town Board of the Town of Watertown held April 11, 2019
MOTION #30-2019
Shared Services Agreement
Between
NYSDOT and the Town of Watertown
THIS AGREEMENT, dated April 11, 2019, is between the People of the State of New York, hereinafter referred to as “State” or “NYSDOT” and the Town of Watertown, 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. Shared Services shall mean any service provided by one party (Provider) to another party (Recipient). The State and the Municipality agree to share services as follows:
1. Description and Cost of Services, Materials or Equipment to be shared: Provide details of the services material or equipment to be shared in the attached standard Schedule A. The total amount of the agreement shall not exceed ten thousand dollars ($10,000.00). If applicable, indicated that the return exchange will be determined at a later date.
2. The Provider’s employees shall 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 defend and indemnify the State for any and all claims arising out of the Municipality’s acts or omissions under the Agreement. Subject to the availability of lawful appropriations and consistent with Section 8 of the State Court of Claims Act, the State shall hold the Municipality harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the
negligence of the State or of their officers or employees when acting in the course and scope of their employment.
5. The term of this Agreement shall be for four (4) years from April 11, 2019. 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 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.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and second by Councilman McAtee, and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett Yes
Councilman Paul V. Desormo Yes
Councilman David W. Prosser Yes
Councilman Timothy L. McAtee Yes
Councilwoman Joanne M. McClusky Yes
MOTION #31-2019
Supervisor Bartlett moved to pay the following abstracts as audited.
Utilities paid prior to the meeting
General Vouchers # 75 to 76 Total $ 11,702.01
Highway Vouchers # 43 to 43 Total $ 19,938.58
Spec. Dist. Vchrs. # 26 to 26 Total $ 3,167.09
Vouchers approved for monthly meeting
General Vouchers # 77 to 95 Total $ 13,344.21
Highway Vouchers # 44 to 60 Total $ 4,006.61
Spec. Dist. Vchrs. # 27 to 34 Total $ 137,361.68
Councilman McAtee seconded the motion.
Ayes All
Board Correspondence:
The correspondence between Supervisor Bartlett, the town engineer, and the NYSDEC concerning existing violations within Sewer District #1. The letter of response to rectify the situation within a five year period and the steps involved with that. The response from the NYSDEC notifying the town of commencement and enforcement action.
The summary of the town’s debt and the annual bond anticipation note for the current year.
Old/New Business
Supervisor Bartlett updated the Board concerning the property involved with the proposed convention facility. He will be meeting with JCC and BOCES this week concerning programs that can benefit from this project. The property is currently being surveyed for utility easements and a 65’ road access that will be dedicated to the town. The property owner will install the base for the road and the town would pave it. The facility grounds will be owned by the LDC and any decision concerning them will be made by that organization, the town’s ownership will only be with the road and infrastructure.
Discussion took place concerning violations on the Burnham property on Sandy Creek Valley Road. Mr. Ross, Zoning Officer for the town has issued a notice of violation and has given the 30 days to comply. Attorney Russell will review the Supreme Court decision concerning the property and conditions that applied to this case.
MOTION #32-2019
Councilman Prosser moved to adjourn the meeting at 7:42 pm, seconded by Councilman McAtee.
Ayes All
_____________________________
Pamela D. Desormo, Town Clerk