TOWN OF WATERTOWN
Regular Meeting
Municipal Building
August 11, 2022
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 a roll call of members present at 7:00 pm. Attorney Russell also attended the meeting.
MOTION #66-2022
Supervisor Bartlett moved to adopt the minutes from the July 14, 2022 Regular Meeting. Discussion took place concerning motion #60-2022. The Board agreed to withdraw that motion. They accepted the minutes as amended, Councilman Prosser seconded.
Ayes All
The floor was opened for public comment; no one wished to speak, the floor was closed.
Supervisor Bartlett except the Town Clerk’s Report.
MOTION #67-2022
WHEREAS, the City of Watertown provides water service to the town for Town Water Districts 1, 3, 4, 5, and 6 users; and
WHEREAS, the contract for providing the sale of water to the town districts has expired and a new agreement which includes the definitions, and terms of the agreement for a 10-year period is proposed; and
WHEREAS, the town wishes to enter into a new agreement with the City of Watertown for providing water services to all Town Districts under the terms and conditions enumerated in the agreement (attached as Exhibit A); and
WHEREAS, the Town Council, acting as administrators for Water District, 1, 3, 4, 5 and 6 accepts the terms and conditions outlined within the agreement for the sale of water to the Town Districts.
NOW THERFORE BE IT RESOLVED, the Supervisor is hereby authorized to execute said service and supply agreement on behalf of the Town District Administrator, with the City of Watertown, under the terms and conditions enumerated therein.
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman Prosser.
Ayes All
Councilwoman McClusky questioned if it would be possible to pay the City quarterly or would it be possible to purchase water from a different resource. The work and money involved with having to bill town customers monthly because of the City billing seems excessive. She also questioned if they had to commit to a 10-year contract. She asked about setting up a reserve fund to cover the City bills so the town could start billing quarterly.
Supervisor Bartlett explained the City would not consider billing differently and there are no outside sources to purchase from. The City does have the upper hand in negotiations and the Town does not have other options. At this point he does not have the funds available in reserve fund to cover the City bills.
MOTION #68-2022
WHERAS, the South Jefferson Central School District provides summer youth recreational services to town school children. They partners with other area school districts to provide one unified recreational program for the benefit of the several districts; and
WHEREAS, a fee for service agreements is necessary between the Town of Watertown and the South Jefferson Central School District to provide such recreational services for the Town’s youth and is attached as Exhibit B.
THEREFORE, BE IT RESOLVED, the Supervisor is hereby authorized to execute said agreement on behalf of the Town Watertown for the providing of summer youth recreational services and activities for the year 2022.
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman Desormo.
Ayes All
MOTION #69-2022
WHEREAS, the Town has Commissioned GYMO engineering to prepare a map, plan and report on a proposed water district to service residents and businesses along NYS Route 126; and
WHEREAS, a contractual agreement attached as Exhibit C is necessary between GYMO and Town of Watertown to provide engineering services for the creation of the Northeast Water District; and
WHEREAS, the terms and conditions of said contractual agreement including a fee schedule for the firms providing such engineering services.
THEREFORE, BE IT RESOLVED, the Supervisor is authorized to execute said agreement under the terms and the conditions contained therein.
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman Prosser.
Ayes All
MOTION #70-2022
WHEREAS, the Town has negotiated a contract with T-Mobile Northeast providing the terms and conditions for installing cellular receivers on Water District 3 water tower located at 22867 County Route 67, Watertown; and
WHEREAS, all terms and conditions relative to the receiver antenna installation are on file and known as the lease agreement. The terms of the lease shall be for five-year renewable terms with the rent for each successive term being with an increase of 10% of the preceding terms with the initial rent fee of $1,750.00 per month.
THEREFORE, BE IT RESOLVED, the Town Supervisor is hereby authorized to execute said lease agreement between T-Mobile Northeast and the Town of Watertown Water District 3.
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman Prosser.
Ayes All
Councilwoman McClusky brought up the moratorium the Board passed a couple of months ago concerning cell towers and antennas in the town.
Supervisor Bartlett stated the municipality is exempt from the moratorium. He stated that was to review the antennas with 5G technology. The antennas on the water tower are all 4G technology which do not have the health and safety problems of the 5G.
MOTION #71-2022
WHEREAS, a certain map, plan and report for the proposed Extension of Water District No. 4 within the Town of Watertown prepared by the engineering firm of Bernier, Carr & Associates, Engineers, Architects and Land Surveyors, P.C., Michael D. Altieri, a New York State Licensed Professional Engineer, has been filed with the Town Clerk for the Town of Watertown, and
WHEREAS, the land encompassing the proposed Water District No. 4 is under the ownership and/or control of multiple entities which have requested that this Board Extend Water District No. 4 pursuant to Article 12-A of the New York State Town Law.
NOW, on motion duly made and seconded, it is
FOUND, ORDERED AND DETERMINED that the map, plan and report prepared by Bernier, Carr & Associates, Engineers, Architects and Land Surveyors, P.C., 327 Mullin Street, Watertown, New York, for the proposed Extension of Water District No. 4 have been duly filed with the office of the Town Clerk as required by law, and are available thereat for public inspection, and it is
FOUND, ORDERED AND DETERMINED that the boundaries of the proposed Water District No. 4 Extension shall be as appear on the map filed with the Town Clerk and as described on the attached Schedule “A”, and it is
FOUND, ORDERED AND DETERMINED that the improvements to be constructed include transmission lines, appurtenances and lateral connections to transport water from the City of Watertown to the property to be improved within the proposed Water District No. 4, and it is
FOUND, ORDERED AND DETERMINED that the total amount proposed to be expended for the improvements to service the proposed Town of Watertown Water District 4 Extension shall be $10,000,000; and it is
FOUND, ORDERED AND DETERMINED that the annual cost to of the district extension to the typical property shall be $627.84 and the annual cost of the proposed district extension to the typical two-family home within the district extension shall be $627.84; and it is
FOUND, ORDERED AND DETERMINED that the detailed explanation of the cost to the typical one- or two-family home is filed with the Town Clerk as section 7 of the Engineering Report; and it is
FOUND, ORDERED AND DETERMINED that the project is proposed to be financed by the issuance of municipal bonds pursuant to the local finance law, and for grants or low-cost loans to be issued by New York State or the Federal Government; and it is
ORDERED that a public hearing be held on the 8th day of September, 2022, at 7:00 p.m. at the Town Offices, 22867 County Route 67, Watertown, New York to hear all persons interested in the proposed Extension of Water District No. 4, and it is further
ORDERED that the Town Clerk shall cause a copy of this Order to be published at least once in the official newspaper for the Town of Watertown not less than ten (10) nor more than twenty (20) days before the date set for the hearing, and shall cause a copy hereof to be posted on the sign board of the Town of Watertown maintained pursuant to the provisions of the Town Law, not less than ten (10) nor more than twenty (20) days before the date designated for the hearing.
A motion to adopt the foregoing Order 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 R. Bartlett yes __X_ no _____
Paul V. Desormo yes __X_ no _____
Timothy L. McAtee absent
Joanne M. McClusky yes __X_ no _____
David W. Prosser yes __X_ no _____
Schedule “A”
SUGGESTED DESCRIPTION
Town of Watertown August 4, 2022
Water District No. 4 Extension Project No. 2020-116
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 westerly highway limits of US Route 11 the most northerly property corner of Tax Map Parcel 90.16-1-14.1;
THENCE in a generally southwesterly, southerly and northwesterly direction along the property lines between Tax Map Parcel 90.16-1-14.22 on the north and west and Tax Map Parcels 90.16-1-14.1 and 90.16-1-15 on the south and west to the most northerly corner of Tax Map Parcel 90.16-1-15;
THENCE in a generally southerly direction along the easterly property line of Tax Map Parcel 90.16¬1-14.22 to the most westerly property corner of said Tax Map Parcel 90.16-1-20;
THENCE in a generally northwesterly direction along the southwesterly property line of Tax Parcel Number 90.16-1-14.22 to the most northerly corner of Tax Map parcel number 90.16-1-21;
THENCE in a generally northerly direction along the westerly property line of Tax Map Parcel 90.16¬1-14.22 to its intersection with the southerly property line of Tax Map Parcel Number 90.16-1-14.21;
THENCE in a generally westerly direction along the southerly property line of Tax Map Parcel 90.16¬1-14.21 to the most southwesterly corner of said parcel;
THENCE in a generally northerly, easterly, and northerly direction along the property line between Tax Map Parcel 90.19-1-11 on the west and north and Tax Map Parcel 90.16-1-14.21 on the east and south to the most southerly property line of Tax Map Parcel 90.16-1-3;
THENCE in a northeasterly direction along the property lines between Tax Map Parcels 90.16-1-3, 90.16-1-4.1, and 90.16-1-4.2 on the northwest and Tax Map Parcel 90.16-1.14.21 to the southeast to the most southeasterly property corner of Tax Map Parcel 90.16-1-4.2;
THENCE in a generally northerly direction along the property line between Tax Map Parcel 90.16-1¬4.2 on the west and 90.16-1-14.21 on the east to its intersection with Mill Creek;
THENCE in a generally northeasterly direction along Mill Creek as it winds and turns between Tax Map Parcel 90.16-1-14.21 on the southeast and 90.12.1-30.1 and 90.12.1-30.3 on the northwest to its intersection with the southwesterly property line of Tax Map Parcel 90.12-1-29;
THENCE following the existing Water and Sewer District 4 line in a generally northwesterly, northeasterly and northwesterly direction along the property line between Tax Map Parcel 90.12-1-30.3 on the west and north and 90.12-1-29 on the south and east to point in the existing Water and Sewer District 4 line;
THENCE in a generally northeasterly direction passing through Tax Map Parcel 90.12-1-29 along the existing Water and Sewer District 4 Line to the intersection of said district line and the southwesterly property line of Tax Map Parcel 90.12-1-28;
THENCE in a generally southeasterly direction along the southwesterly property line of Tax Map Parcel 90.12-1-28 to the northwesterly Highway Limits of US Route 11;
THENCE in a generally southeasterly direction crossing US Route 11 to the intersection of said northwesterly highway limits and the most easterly property corner of Tax Map Parcel 90.12-1-25.4;
THENCE in a generally southeasterly direction along the southwesterly property line of Tax Map Parcel 90.12-1-25.4 and extending along the extension of said southwesterly property line passing through Tax Map Parcel 90.12-1-25.1 to Mill Creek;
THENCE in a generally northeasterly direction along Mill Creek as it winds and turns to its intersection with the most westerly property corner of Tax Map Parcel 91.13-1-37;
THENCE in a generally southeasterly direction along the property line between Tax Map Parcel 91.13-1-37 on the northeast and 90.12-1-25.1 on the southwest to the most southeasterly corner of Tax Map Parcel 90.12-1-25.1;
THENCE in a generally easterly and southerly direction along the property lines between Tax Map Parcel 91.13-1-37 on the north and east and 90.16-1-9.1 on the south and west to the most southeasterly corner of Tax Map Parcel 90.16-1-9.1;
THENCE in a generally southeasterly direction along the northerly property line of Tax Map Parcel 90.16-1-12.1 to the most northeasterly property corner of Tax Map Parcel 90.16.1-12.1;
THENCE in a generally southwesterly, southeasterly and southwesterly direction along the property line between Tax Map Parcel 90.16-1-12.1 on the west and 91.13-1-30 on the east to the intersection with the northerly property line of 90.16-1-27;
THENCE in a generally westerly direction along the northerly property line of 90.16-1-27 to its intersection with the easterly highway limits of US Route 11;
THENCE in a generally easterly direction crossing US Route 11 to the point of beginning. CONTAINING 311.6 acres of land more or less.
IT BEING the intent to describe an extension of the Town of Watertown, Water District No. 4, utilizing the Town of Watertown Tax Map Numbers 90.12 and 90.16,
IT ALSO BEING the intent to describe the Water District 4 Extension as shown on a map titled Water District Extension Map, Town of Watertown, Water District Number 4 Extension, prepared by Bernier Carr and Associates and dated August 4, 2022.
Bernier, Carr & Associates, Engineers,
Architects and Land Surveyors, P.C.
327 Mullin Street
Watertown, New York 13601
Michael J. Mitchell, P.L.S. #50897
MOTION #72-2022
BOND RESOLUTION DATE AUGUST 11, 2022
A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OR A STATUTORY INSTALLMENT BOND FOR THE CONSTRUCTION OF INFRASTRUCTURE AND RELATED MATERIALS FOR THE EXTENSION OF WATER DISTRICT NO. 4 FOR AN AMOUNT NOT TO EXCEED $10,000,000.
BE IT RESOLVED, by the Town Board of the Town of Watertown, Jefferson County, New York, as follows:
Section 1. The Town is hereby authorized to issue its serial general obligation bonds (the “Bonds”) in the aggregate principal amount of not to exceed $10,000,000 pursuant to the Local Finance Law of New York, in order to finance the class of objects or purposes described herein.
Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific objects or purposes is $10,000,000, said amount is hereby appropriated therefor and the plan for the financing thereof shall consist of the issuance of not to exceed $10,000,000 in serial bonds or statutory installment bonds (the “Bonds”) of the Town authorized to be issued pursuant to this Resolution.
Section 3. The plan for the financing of such estimated cost for such objects or purposes is by the issuance of Serial Bonds or a Statutory Installment Bond not to exceed $10,000,000 for such objects or purposes of said Town, hereby authorized to be issued therefor pursuant to the Local Finance Law.
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. Subject to the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes of the issuance and the sale of Serial Bonds or a Statutory Installment Bond herein authorized, including renewal of such notes, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer. Such Bonds shall be of such terms, form and contents and shall be sold in such a manner as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law.
Section 6. 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 7. 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 8. Upon this resolution taking effect, the entirety of 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 9. This resolution is subject to permissive referendum, pursuant to Section 35.00 of the Local Finance Law.
Section 10. 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.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
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 August 11, 2022.
A motion to adopt the foregoing Order 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 R. Bartlett yes __X_ no _____
Paul V. Desormo yes __X_ no _____
Timothy L. McAtee absent
Joanne M. McClusky yes __X_ no _____
David W. Prosser yes __X_ no _____
MOTION #73-2022
Supervisor Bartlett moved that upon review Part 1 of the Full Environmental Assessment Form the Town Board will act as Lead Agent for the extension of Water District #4. Attorney Russell will notify all involved agencies of the Town’s intent for their response, Councilman Prosser seconded.
Ayes All
MOTION #74-2022
WHEREAS, it is necessary to solicit for sealed bids to furnish the Town with minimum of 1,500 yards of screened and loaded sand for the highway department use in the winter months; and
WHEREAS, the Town will accept sealed bids accompanied by a non-collusion statement on the sale to Town of Watertown of said material up until Thursday September 8th, 2022 at 3:00 pm; and
WHEREAS, all sealed bids will be reviewed for compliance with the General Municipal Law (competitive bid requirements) and the bid winner will be awarded to the most responsive and responsible bidder at the Thursday, September 8th, 2022 Town Council meeting.
THEREFORE, BE IT RESOLVED, the Town Clerk is hereby authorized to issue a public notice in the official newspaper of the Town calling for sealed bids to be received at the Town of Watertown Town Clerk’s office up until 3:00 pm, Thursday September 8th, 2022.
AND BE IT FURTHER RESOLVED, the Town council retains the right to accept or deny any and all bids not in compliance with the General Municipal Law (competitive bid requirements).
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman Prosser.
Ayes All
MOTION #75-2022
WHEREAS, the Town has negotiated and received dedication to the town of a certain parcel of land onto which a new road has been constructed to service the Thousand Islands Agricultural Park off NYS Route 3 in the Town of Watertown; and
WHEREAS, the legal description and survey for said parcel is on file with the Town Clerk and the Town Attorney and shall be filed with Jefferson County Real Property and the Town’s Assessor; and
WHEREAS, it is necessary to name the new road for County and State for identification purposes and to include the new road on the Town of Watertown highway identification list.
NOW THEREFORE, BE IT RESOLVED, the new access road that services the Thousand Island Agricultural Park off NYS Route 3 is hereby dedicated and named as Alexander Drive.
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman Prosser.
Ayes All
MOTION #76-2022
Supervisor Bartlett moved to pay the following abstracts as audited.
Utilities paid prior to the meeting
General Vouchers # 140 to 143 Total $ 11,776.65
Highway Vouchers # 133 to 133 Total $ 19,253.16
Spec. Dist. Vchrs. # 81 to 81 Total $ 5,645.46
Vouchers approved for monthly meeting
General Vouchers # 144 to 163 Total $ 12,925.49
Highway Vouchers # 134 to 152 Total $ 13,518.07
Spec. Dist. Vchrs. # 82 to 94 Total $ 130,634.56
Councilmember Prosser seconded the motion.
Ayes All
Included in the Boards Packets:
• Correspondence from Scott Burto Mayor of West Carthage concerning the relocation of homeless to the now closed Watertown Correctional Facility.
• 2 violations on Swan Road issued by Town Code Enforcement Officer.
• Jefferson County Dog Report
• Supervisor Bartlett’s Municipal Statement of Compliance with Local Laws for the Greens Corners Solar Project.
Discussion took place concerning the town’s contribution to the TI LDC. Supervisor Bartlett informed $150,000 was the cash total given to the LDC for seed money to get started. He is asking the Board to give these funds as a grant instead of a loan. He feels the tax base that would be added to the town would more than make up for this investment.
Councilwomen McClusky stated she was under the impression that this money would be paid back the town General Fund as money from other sources came in. She stated the town had funded the road, infrastructure, engineers and consultants, which in the past has always been the responsibility of the developer. Stimulus money from the State of $50,000.00 was also given to the LDC. She felt the monies put into this complex area could have been used to benefit other areas of the town. She feels she has been mislead in the past when approving payment with the understanding the money would be paid back to the General Fund.
Supervisor Bartlett said until the ground lease is signed the LDC has no money coming in. They have already used most of the money for start up expenses. They will need a source of income to continue with the non-profit origination. The LDC is necessary to continue with the sports complex. The LDC will need to hire someone for grant application writing, there will be future fundraising projects. The town also paid funds to Venue Stragities separate from the LDC. He feels once the LDC is up and gaining proceeds the LDC would consider paying the town back the funds.
MOTION #77-2022
WHEREAS, the Town of Watertown has in the past since 2020 provided funding for the Thousand Island LDC to provide gap funding for administrative services billed the LDC in Lieu of the LDC receipt of anticipated revenues; and
WHERES, for accounting and bookkeeping purposes it has to be booked as either a loan or a grant to establish proper recording as a liability or an asset; and
WHERES, funds are available in the General Fund Unappropriated Fund Balance to replace these funds with the addition of the ARA funding due the Town.
THEREFORE, BE IT RESOLVED, the total of $150,000.00 as previously given the TILDC shall be and is hereby considered in the form of a grant.
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman Prosser.
Ayes All
MOTION #78-2022
Councilman Prosser moved to adjourn the meeting at 8:12 pm, seconded by Supervisor Bartlett.
Ayes All
_____________________________
Pamela D. Desormo, Town Clerk