TOWN OF WATERTOWN
Regular Meeting
Municipal Building
June 10, 2021
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 a roll call of the members present at 7:00 pm. Attorney Russell was also joined the meeting via zoom.
MOTION #51-2021
Supervisor Bartlett moved to adopt the minutes from the May 13, 2021 Regular Meeting, Councilman Desormo seconded.
Ayes All
The floor was opened for general comments:
Ali Goldberg & Dellas Mason representatives from Watertown Renewables, LLC & Watertown Renewables 2, LLC a subsidiary of Nexamp, Inc. The property is located at 22088 County Route 60 (Floral Drive), tax map #82.07-1-2.1. The property is currently mostly zoned Residential 3 (R-3) with a small portion on the northern side zoned Neighborhood Commercial (N/C). The request is to extend the N/C zone on the northern portion of the property. The parcel is approximately 127 acres. The zone change would allow for the development of two 3.5 MW ground mounted community solar arrays on the property. They presented the Board with:
1. Preliminary Concept Plan
2. Survey
3. Full Environmental Assessment Form
4. Owner Authorization
They requested the Town Board if they are in a position to do so to start the review process.
To refer the proposal to the Town of Watertown and Jefferson County Planning Boards for the
239M review. Attorney Goldberg also requested to start the SEQR process and take Lead Agent
Status and notify involved Agencies.
Dellas Mason from Nexamp addressed the Board. She explained they have been working with
Mr. Catalina for a couple of years to contract for his property. They were scheduled to appear before the Town Planning Board for review of the solar array project in April of 2021. Prior to that application being made the Town Board adopted new legislation concerning solar projects. The new zoning regulation would prohibit this size project in a residential zone. This is the reason for the request presented to the Board tonight.
Mark Catalina, property owner spoke requesting a zone change.
Discussion took place.
Supervisor Bartlett asked the Board to review the packet presented prior to the next board meeting. He will send the request to the Town Planning Board for their recommendations. The Board reviewed the SEQR request.
MOTION #52-2021
Supervisor Bartlett moved to accept Part 1 of the Full Environmental Assessment Form and assume Lead Agent for the zone change request located at 22088 County Route 60, Watertown, NY. The proposal will be referred to the Town and Jefferson County Planning Departments for review and comments. Councilman McAtee seconded.
Ayes All
No one else wished to speak; the floor was closed.
Supervisor Bartlett accepted the Town Clerk’s Report.
Supervisor Bartlett included in the Town Board packets an official guide to cannabis provided by the Tug Hill Commission. The Board will need to make a decision if the town wants to allow the entities of the retail or smoke shops for this product or “opt out”. Attorney Russell is working on a letter of guidance to the municipality’s he represents. He advised the Board could allow one and not the other, or restrict the areas they are allowed. A decision will need to be made by December 31, 2021 or they are automatically approved. He informed the Board if they exclude these entities from the town, they also exclude themselves from the sales tax revenue created from the sales of this product. Supervisor Bartlett will follow up with the City to see how they will go forward with their legislation.
Mrs. Desormo added that Town Planning Board is currently working on wordage for the code concerning smoke shops as well as retail faculties. They are awaiting guidance from the Town Board as to the direction they wish to proceed.
MOTION #53-2021
WHEREAS, the South Jefferson Summer Youth Program provides recreational program for youth living in the South Jefferson School District for the period July 6 through August 6, and provides activities such as field trips to beaches and site-based activities that include indoor pool and other activities; and
WHEREAS, transportation from Rodman, Worth, Adams, Adams Center and Mannsville is provided to the South Jefferson Middle School; and
WHEREAS, in the past, the Town of Watertown provided financial assistance to the program but recent budgets have not funded the program; and
WHEREAS, funds are available in the 2021 budget to cover expenses for Town of Watertown youth to participate in the program;
THEREFORE, BE IT RELOLVED, a grant of $2,500.00 is hereby authorized for supporting the South Jefferson Summer Youth Program for the fiscal year 2021.
THEREFORE, BE IT RELOLVED, this will be for 2021 only. If a report is not submitted confirming that the South Jefferson School District does not participate in the teaching of 1619 Project (Critical Race Theory) the funding will end.
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman McAtee.
Ayes All
Councilman Prosser requested the town be provided with report at the end of the program of how many students from the Town of Watertown attended.
MOTION #54-2021
WHEREAS, Justice Court Typist Darcia Graves has met all requirements to be promoted from probationary to permanent employment in the Town Justic Court; and
WHEREAS, both Town Justices recommend her promotion to the permanent full-time position;
THEREFORE, BE IT RESOLVED, Darcia Graves is hereby promoted to permanent full-time position of Court Typist, and is entitled to all benefits provided to Town full-time employees.
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman Desormo.
Ayes All
MOTION #55-2021
WHEREAS, the Jefferson County Fair (the oldest continuously operating fair in the country) is requesting assistance with operating costs to produce the 2021 Jefferson County Fair; and
WHEREAS, the Jefferson County Fair brings thousands of tourists and fair goers to the county annually; and
WHEREAS, funds are included in the fiscal year 2021 budget to support the Fair Board’s efforts;
THEREFORE, BE IT RESOLVED, the Town of Watertown hereby grants the Jefferson County Fair Board a grant of Bed Tax Funds in the amount of $5,000.00.
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman Prosser.
Ayes All
The Board was given the Part #2 and Part #3 of the EAF for improvement to Sewer District #1 operating plant.
MOTION #56-2021
Supervisor Bartlett moved to accept Part #2 and Part #3 of the EAF for improvement to Sewer District #1 operating plant as presented and declare the Town of Watertown Council as lead agent for the project. All affected agencies will be notified of the findings regarding the EAF, Councilman Desormo seconded.
Ayes All
MOTION #57-2021
WHEREAS, the Town of Watertown, hereinafter referred to as the “Town”, is proposing Improvements to the Town of Watertown Sewer District No. 1 to make modifications to the existing primary treatment structure, construction of a new packaged MBR wastewater Treatment Plant, decommissioning and demolition of the existing plant upon successful startup of the new plant and construction of new stormwater collection system in the project area the proposed project is part of a Consent Order issued by the NYS Department of Environmental Conservation in July of 2020 due to exceedances on the 5-day BOD in the effluent, 5-day BOD percent removal, hydraulic loading of the plant and pH (the “Project”); and
WHEREAS, at a regular meeting of this Board held on May 13, 2021, Part 1 of a Long Form Environmental Assessment Form (“EAF”) was duly accepted for filing by this Board and a resolution was duly adopted by which this Board declared itself lead agency and directed the circulation of Part I of the EAF to the involved agencies identified in Part I of EAF; and
WHEREAS, the Town’s Attorney’s Office has forwarded letters to the other involved agencies indicating this Board’s intent to serve as lead agency for the SEQRA review and enclosing Part 1 of the EAF; and
WHEREAS, this Board has received the consent of the involved agencies that this Board act as lead agency for the SEQRA review of the project; and
WHEREAS, pursuant to 6 NYCRR Part 617, this Board has reviewed Part 2 of the EAF to determine whether the project will have any 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, 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. The foregoing recitations are incorporated herein and made a part hereof as if fully set forth hereafter.
2. Based upon the examination of Part 2 of the EAF and the criteria set forth in 6 NYCRR Part 617, this board makes the following findings:
A. The proposed action constitutes a Type I action pursuant to 6 NYCRR Part 617, and this Board has previously determined that coordinated review is appropriate.
B. This Board has received the concurrence from the other involved agencies that this Board shall act as lead agency.
C. This Board has determined that any potential impacts are not significant, and that those impacts will be mitigated by requirements imposed upon the contractors, and therefore this Board does not consider those impacts to be significant adverse impacts on the environment.
D. There will be no substantial adverse change in existing air or water quality.
E. There will be no hazard created to human health.
F. There will be no substantial change in the use or the intensity of use of the land.
G. There will not be created a material conflict with the community’s current plans or goals as officially adopted.
H. None of the criteria listed in 6 NYCRR §617.11 will be present in the proposed project and no similar criteria will be present which will adversely impact on the environment.
3. The Notice of Determination of Non-Significant attached hereto is hereby adopted and accepted by this Board as its Negative Declaration in connection with this project.
4. The Town Clerk for the Town of Watertown and is hereby directed to file in the Town Clerk’s office in a file readily accessible to the public the Negative Declaration attached hereto.
5. The Town’s Attorney’s Office is directed to cause the Negative Declaration to be served on each of the other involved agency.
6. The Town’s Attorney’s Office is directed to cause to be published the Negative Declaration in the Environmental News Bulletin.
7. All subsequent notices concerning this project 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 Order was made by Supervisor Bartlett, and seconded by Councilmember Desormo, and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett yes
Councilman Paul Desormo yes
Councilman David Prosser yes
Councilman Timothy McAtee yes
Councilwoman Joanne McClusky yes
MOTION #58-2021
A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OR A STATUTORY INSTALLMENT BOND IN THE TOWN OF WATERTOWN IN AN AMOUNT NOT TO EXCEED $4,000,000 THE PROCEEDS OF WHICH ARE TO BE USED FOR THE MODIFICATIONS TO SEWER DISTRICT NO. 1 (SUNSET RIDGE) EXISTING PRIMARY TREATMENT STRUCTURE, CONSTRUCTION OF A NEW PACKAGED MBR WASTEWATER TREATMENT PLANT, DECOMMISSIONING AND DEMOLITION OF THE EXISTING PLANT UPON SUCCESSFUL STARTUP OF THE NEW PLANT AND CONSTRUCTIONS OF A NEW STORMWATER COLLECTIONS SYSTEM IN THE PROJECT AREA.
BE IT RESOLVED, by the Town Board of the Town of Watertown, Jefferson County, New York, as follows:
Section 1. The existing primary treatment structure, construction of a new packaged MBR Wastewater Treatment Plant, decommissioning and demolition of the existing plant upon successful startup of the new plant and constructions of a new stormwater collections system in the project area, (the “Project”) is in the interest of the citizens of the Town of Watertown. The estimated cost of such objects and purposes as determined by Bernier Carr & Associates, Engineers, Architects, and Land Surveyors, P.C., the engineers hired by the Town for such purposes are $4,000,000.00.
Section 2. It is hereby determined that the period of probable usefulness of such objects and purposes is forty (40) years; pursuant to subdivision (a)(4) of Section 11.00 of the Local Finance Law. It is further determined that no down payment is required pursuant to Section 107.00 of the Local Finance Law.
Section 3. The plan for the financing of such objects and purposes is by the issuance of grants and low interest loans through United States Department of Agriculture Rural Utilities, and/or New York State Clean water State Revolving Fund and New York State Water Infrastructure Improvement Act administered jointly through the New York State Department of Conservation and the New York State Environmental Facilities Corporation and/or grants through New York State Water Quality Improvement Project (NYS WQIP) and/or grants through the New York State Green Innovation Grant Program (GIGP) and/or Grants through the New York State Community Development Block Grant (GDBG) and/or the issuance of Serial Bonds or a Statutory Installment Bond not exceeding $4,000,000.00 of said Town hereby authorized to be issued therefore, pursuant to the Local Finance Law for a period in excess of five (5) years.
Section 4. The faith and credit of said Town of Watertown, Jefferson County New York are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall become due and payable. Annual sewer rents shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.
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 Notes 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 paragraph c of 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 or 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, or 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, a summary of the same be published in the Watertown 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 not subject to permissive referendum, pursuant to Section 35.00(a) 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.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and seconded by Councilmember Desormo and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett yes
Councilman Paul Desormo yes
Councilman David Prosser yes
Councilman Timothy McAtee yes
Councilwoman Joanne McClusky yes
MOTION #59-2021
Supervisor Bartlett moved to accept the following Bond Council Resolution:
Re: $4,000,000 Watertown Sewer District No. 1 Improvements Project – 2021
This will confirm that this office has agreed to offer bond counsel services to the Town of Watertown regarding its Sewer District No. 1 Improvements Project (the “Project”). It is our understanding that our services in this regard shall include working with your Fiscal Advisor that is providing financial assistance to the Project. It is our further understanding that the maximum amount to be issued on the Project is $4,000,000.
This office is Red Book listed as bond counsel and has also worked in the past with the Rural Development Office (formerly Farmers Home Administration), the New York State Environmental Facilities Corporation, as well as other funding sources. As such, the firm is familiar with the requirements of these organizations and others and is capable therefore, of providing the services required.
As bond counsel, this firm would render services to the Town of Watertown for all required activities through final financing, including, but not limited to the following:
1) Preparation of all bonding or refunding bond resolutions.
2) Preparation of preliminary opinion.
3) Preparation of preliminary bond form.
4) Preparation of details resolution.
5) Preparation of any interim borrowings, including bond anticipation notes and associated documents.
6) Preparation of final opinion.
7) Preparation of final bond form.
8) Preparation of final details resolution.
9) Coordination of work with fiscal advisors, if any.
10) Attendance at closing on bonds, if required.
This firm will provide such services on the following terms:
a) Bond Anticipation Notes not to exceed $5,000 each.
b) Permanent Financing not to exceed $10,000 each.
Payment will be due for the Bonding at the time such issue is placed. It is anticipated that the fees for these services will not exceed $24,900. Payment for the Bonds shall be upon completion of the financing, provided however, that if such permanent financing is not ultimately pursued, this firm shall be paid for services rendered at an hourly rate of $200.00 per hour for attorney’s fees and $85.00 per hour for paralegal fees for services rendered through the time of termination of the project. In the event of a fee dispute, you may have the right to seek arbitration; we will provide you with the necessary information regarding arbitration in the event of fee dispute, or upon your request.
If these terms are agreeable to the Town, please so indicate by countersigning and returning one copy of this letter where indicated.
Very truly yours,
BARCLAY DAMON LLP
Joseph W. Russell
Read and agreed to this
10th day of June, 2021.
TOWN OF WATERTOWN
By: _____________________________
Joel R. Bartlett, Supervisor
Councilmember Prosser seconded the motion.
Ayes All
MOTION #60-2021
Supervisor Bartlett moved to pay the following abstracts as audited.
Utilities paid prior to the meeting
General Vouchers # 119 to 121 Total $ 8,896.40
Highway Vouchers # 104 to 104 Total $ 18,846.38
Spec. Dist. Vchrs. # 50 to 50 Total $ 2,734.63
Vouchers approved for monthly meeting
General Vouchers # 122 to 139 Total $ 69,836.40
Highway Vouchers # 105 to 115 Total $ 6,271.07
Spec. Dist. Vchrs. # 51 to 56 Total $ 122,843.55
Councilmember McAtee seconded the motion.
Ayes All
Old/New Business
Supervisor Bartlett updated the Board on the status of the event center. He explained updates to the project. They are ready to enter into the final design drawings.
Supervisor Barlett informed he would like have the extension of the water & sewer bond resolution ready to present at the July meeting. He would like to get the project out for bid by the end of the summer.
MOTION #61-2021
Councilman Prosser moved to adjourn the meeting at 8:18 pm, seconded by Councilman Desormo.
Ayes All
_____________________________
Pamela D. Desormo, Town Clerk