TOWN OF WATERTOWN
Special Meeting
Municipal Building
October 24, 2019
Members Present: Joel R. Bartlett, Supervisor
Paul V. Desormo, Councilman
David D. Prosser, Councilman
Joanne McClusky, Councilwoman
Members Absent: Timothy McAtee, Councilman
Supervisor Bartlett opened the meeting with roll call of members present at 7:00 pm. Attorney Russell was also present.
Supervisor Bartlett opened the public hearing at 7:01 pm concerning proposed Local Law #2 of 2019. A Local Law to override the tax levy limit established by Section 3-C of the New York General Municipal Law. No one from the public wished to speak; the public hearing was closed at 7:02 pm.
MOTIONS/RESOLUTIONS
MOTION #73-2019
WHEREAS, Local Law No. 2 of the year 2019, a Local Law to override the tax levy limit established by Section 3-C of the New York General Municipal Law was introduced by a member of the Town Board at a meeting thereof held on October 3, 2019, and by a majority vote of the Town Board members present at such meeting, a public hearing was duly scheduled to consider Local Law No. 2 of 2019 for October 24, 2019 at 7:00 PM, and
WHEREAS, notice of the public hearing was duly published and posted as required by law, and on October 24, 2019, at 7:00 PM, a public hearing was duly held to hear all persons interested in the subject matter of Local Law No. 2 of 2019.
NOW, THEREFORE, be it resolved by the Town Board of the Town of Watertown as follows:
1. The foregoing recitations are incorporated herein and made a part hereof as if fully set forth hereafter.
2. As a result of unfunded mandates and other anticipated municipal expenses beyond the ordinary control of this Board, the tax levy limits imposed by Section 3-C of the General Municipal Law put unrealistic constraints on this Board in establishing a prudent and responsible budget for the 2020 fiscal year.
3. Local Law No. 2 of the year 2019 authorizes, but does not require, the Town of Watertown in establishing its budget for the 2020 fiscal year to establish a tax levy in excess of the amount otherwise authorized by Section 3-C of the General Municipal Law.
4. Based upon the foregoing, Local Law No. 2 of the year 2019 is in the best interests of the Town of Watertown, is hereby adopted and the Clerk is instructed to file the same with the New York State Department of State.
5. The adoption of Local Law No. 2 of the year 2019 is a Type II action under the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and seconded by Councilmember Prosser and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett Yes
Paul Desormo Yes
David Prosser Yes
Timothy McAtee Absent
Joanne McClusky Yes
Supervisor Bartlett appointed the Town Council as the Town of Watertown Health Board to address a health danger to the public concerning feral cats at 22997 Co Rte 67. The session was convened at 7:05 pm.
Supervisor Bartlett turned the floor over to Tom Boxberger, Town Health Officer. Mr. Boxberger addressed the Board. As the Town Health Officer it is his duty to investigate nuisances that can affect the health and safety of the general public. Mr. Boxberger advised the Board of an ongoing investigation over the past several years of a problem with feral cats at the Oberton residence, 22997 Co Rte 67. After several visits to this location he has witnessed at least 30-40 cats being harbored and fed by the Oberton’s. The problem is escalated by the fact that none of the cats are spayed or neutered creating a constant increase in numbers. Besides the aesthetic nuisance to the neighboring and town properties, the major concerns being brought before the Board tonight is the danger to the public of diseases that can be spread through feral cats. The most predominant being rabies which is 100% fatal to humans if not treated.
Mr. Boxberger has received assistance over the past 3 years from the Jefferson County Sherriff’s Department. Unfortunately there are no laws set in place to help enforce compliancy in situations such as these. The Oberton’s did at one time get some of the cats vaccinated but did not complete the task of getting them all vaccinated or maintaining the shots on the one that did get vaccinated.
Mr. Boxberger’s most recent site visit was October 3rd, 2019, he witnessed many cats running around on this property as well as on the neighboring and town properties. He interviewed Mr. Oberton who admitted none of the cats were currently vaccinated or fixed and he did not know the exact number of cats but guessed 30-40.
There has been an outbreak of rabies in the area that creates a great cause for serious health concerns to the public. Mr. Boxberger believes that the situation has risen to a point that something needs to be done to protect the public. If the Board of Health finds there is enough evidence presented of a substantial threat to the public they can determine the next course of action. Mr. Boxberger’s recommendation would be to establish a public hearing and legally notify the Oberton’s. At the public hearing Mr. Boxberger would present his case and allow the Oberton’s to respond and present their case. The Town Board of Health could then make a decision. This could involve a remedy to have all the cats vaccinated and fixed within a period of time set by the Board. Because this is a public health issue the Board of Health could order corrective measures to have the cats trapped and removed at the expense of the home owner. Mr. Russell advised of the legal process.
MOTION #74-2019
Supervisor Bartlett moved that Town of Watertown Board of Health concludes there is substantial evidence of a threat to the public of disease from an abundance of unvaccinated feral cats at the property located at 22997 Co Rte 67. Therefore a public hearing is scheduled for November 7th, 2019 at 7:00 pm with Thomas and Mark Oberton concerning the violation to the public’s safety. The meeting will be held at 22867 Co Rte 67, Watertown NY, all persons wishing to speak will be heard, seconded by Councilman Prosser.
Ayes All
Mr. Russell will prepare the documents and notify the Oberton’s through certified mailing of the public hearing. The Board of Health closed the public health session at 7:17 pm.
Mr. Boxberger informed the Board that it is recommended that the Town Comprehensive Plan be reviewed and updated every five years. The Town Planning Board with help from the Tug Hill Commission has reviewed and made some minor suggested updates to the plan. He will have a draft version prepared to present it to the Town Board at the November 7th, 2019 meeting.
Supervisor Bartlett informed the Board of a water and sewer account that is in arrears of excess of $40,000 for the housing unit on Co Rte 202 creating a deficit in the revenue accounts for that district. He inquired of Mr. Russell the proper way of handling the situation. The property is involved in a pilot program with the JCIDA. This development is located on two separate parcels owned by the same developer. Only one part is in foreclosure at this time. Supervisor Bartlett will make some call and advise the Clerk how to proceed.
The Board discussed the 2020 Tentative Budget. Highway Superintendent Rohr questioned the decrease of funds in the highway accounts. After discussion it was agreed to increase the
D-5130.4 account by $20,000 and add $40,000 to A-5132.4 building fund to repair the garage roof which is in very bad shape. Supervisor Bartlett reviewed other funds with the Board. He reviewed appropriations for the auditing fund. There needs to be an independent audit done of the court system that will need to be reviewed and accepted by the Board. The budget as it stands including the above changes will still fall under the tax cap limit.
Councilwomen McClusky inquired about the Justice’s request to forgo their raise and add it to the Court Clerk and Court Typist accounts. Supervisor Bartlett suggested leaving things as they show in the current budget and review raising the position salaries after January 1, 2020.
MOTION #75 -2019
Supervisor Bartlett moved to hold a public hearing on the proposed 2020 Tentative Budget, a detail of all funds including the General and Highway Funds, Water Districts 1, 3, 4, 5, & 6 and Sewer Districts 1, 2, 3, 4, 5, & 6. The hearing is to be held Thursday November 7, 2019, at 7:00 pm. Said meeting will be held at the Municipal Building, 22867 Co Rte 67, Watertown, NY. All members of the public wishing to speak for or against will be heard. Motion seconded by Councilman Prosser.
Ayes All
MOTION #76-2019
Supervisor Bartlett moved to adjourn the meeting at 7:56 pm, seconded by Councilman Prosser.
Ayes All
_____________________________
Pamela D. Desormo, Town Clerk