TOWN OF WATERTOWN
Regular Meeting
Municipal Building
March 11, 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 the Pledge of Allegiance followed by a roll call of the members present at 7:00 pm. Attorney Russell was also present.
MOTION #27-2021
Supervisor Bartlett moved to adopt the minutes from the February 11, 2021 Regular Meeting, Councilman McAtee seconded.
Ayes All
The floor was opened for general comments;
David Walton, Old Rome Road, asked the Board if they have received his letter and thanked them for reading it.
Christopher Morse, Old Rome Road, asked the status of the proposed zoning code updates and Green Corners solar project.
Supervisor Bartlett responded, the Town Board has sought advice from many different agencies to come up with regulation to serve everyone equally. He stated it will inevitably make some people unhappy no matter how it is written. The Board is under some time constraints to complete and pass the regulation prior to applications of the projects in the town. He thanked the Town Planning Board and Tug Hill Commission for the enormous number of hours and work that has gone into the draft zoning ordinance. He reviewed the amendments made to the initial draft as follows:
• § 107-16.1.B.2.viii. Small solar energy systems on commercial properties will be required to have a 100-foot setback from the road right of way rather than 50 feet.
• § 107-16.1.C.2. Lot coverage regulations regarding prime farmland applies to the project area, not an individual parcel within the project (unless the whole project area is within one parcel). What was previously included within the calculation of lot coverage has been modified to include facility components, such as solar panels and support facilities, and no longer includes all area within perimeter fencing, screening, or required setbacks.
• § 107-16.1.C.3.1. Lot coverage, again, was modified to include facility components, such as solar panels and support facilities, and no longer includes all area within perimeter fencing, screening, or required setbacks. Also, the regulation on project area was changed from 60 percent of the total size of the parcel to 40 percent of the total size of the lot or lots on which it is installed.
• § 107-16.1.C.3.2. “The side and rear lot line setbacks for contiguous parcels that include facility components within one proposed project can be waived” was included in the setback regulations. Furthermore, setbacks from road right-of-way lines, side and rear lot lines, and from any existing residential structure have been modified in the table within the attached document.
• § 107-16.1.C.3.4. Screening will require preserving natural vegetation, berms, and landscape screening to abutting residential properties, public roads, public sites, and important vistas. The previous version allowed for one or more of the three screening options. The previous screening requirements will apply to areas adjacent to residential structures, and other screening requirements along non-residential boundaries will be in a manner acceptable to the Planning Board. Furthermore, required screening adjacent to residential properties must be complete prior to construction of the large solar energy system while screening adjacent to non-residential boundaries must be complete in the next suitable planting seasoning within one year following construction of the large solar energy system.
• § 107-16.1.C.4.2. Required screening adjacent to residential properties must be complete prior to construction of the large solar energy system while screening adjacent to non-residential boundaries must be complete in the next suitable planting seasoning within one year following construction of the large solar energy system.
• § 107-16.4.A. Small battery energy storage systems will need to maintain a 100-foot setback from existing residential structures.
• § 107-16.4.B.2.3. Screening will require preserving natural vegetation, berms, and landscape screening to abutting residential properties, public roads, public sites, and important vistas. The previous version allowed for one or more of the three screening options.
• § 107-16.4.B.2.4. Setbacks from road right-of-way lines, side and rear lot lines, and from any existing residential structure have been modified in the table within the attached document.
• Schedule of Regulations. The schedule reflects the setback changes made in the sections mentioned previously.
Councilman Desormo expressed that he is not in favor of the large solar panel projects in the town. He stated he sympathizes with the residents and feels it is unfair that the State controls the approvals, not the local jurisdictions.
Councilman McAtee agrees but feels the only action from the town would be to try to get codes in place, which hopefully would be considered by the State citing board.
Councilman Prosser asked Attorney Russell about the SEQR process. Mr. Russell replied that will be reviewed by the citing board during the State approval process.
Councilwoman McClusky agreed with the others.
No one else wished to speak; the floor was closed.
Supervisor Bartlett accepted the Town Clerk Report.
Supervisor Bartlett reviewed Part 2 of the Full Environmental Assessment Form concerning Local Law #1-2021, a Local Law to amend and reinstate Chapter 107 of the Town Zoning Ordinance.
1. Impact on Land: Proposed action may involve construction on, or physical alteration of the land surface of the proposed site. No
2. Impact on Geological Features: The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site. No
3. Impacts on Surface Water: The proposed action may affect one or more wetlands or other surface water bodies. No
4. Impact on groundwater: The proposed action may result in new or additional use of ground water, or may have the potential to introduce contaminants to ground water or an aquifer. No
5. Impact on Flooding: The proposed action may result in development on lands subject to flooding. No
6. Impacts on Air: The proposed action may include a state regulated air emission source. No
7. Impact on Plants and Animals: The proposed action may result in a loss of flora or fauna. No
8. Impact on Agricultural Resource: The proposed action may impact agricultural resources. No
9. Impact on Aesthetic Resources: The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. No
10. Impact on Historic and Archeological Resources: The proposed action may occur in or adjacent to a historic or archaeological resource. No
11. Impact on Open Space and Recreation: The proposed action may result in a loss of recreational opportunities or a reduction of an open space resource as designated in any adopted municipal open space plan. No
12. Impact on Critical Environmental Areas: The proposed action may be located within or adjacent to a critical environmental area (CEA). No
13. Impact on Transportation: The proposed action may result in a change to existing transportation systems. No
14. Impact on Energy: The proposed action may cause an increase in the use of any form of energy. No
15. Impact on Noise, Odor, and Light: The proposed action may result in an increase in noise, odors, or outdoor lighting. No
16. Impact on Human Health: The proposed action may have an impact on human health from exposure to new or existing sources of contaminants. No
17. Consistency with Community Plans: The proposed action is not consistent with adopted land use plans. No
18. Consistency with Community Character: The proposed project is inconsistent with the existing community character. No
MOTIONS/RESOLUTIONS
MOTION #28-2021
WHEREAS, the Town Board of the Town of Watertown has been considering certain amendments to the Town of Watertown Zoning Law including, but not limited to Manufactured Homes, Domestic Livestock, Domestic and Wild Animals Administration and Enforcement, Solar Energy Systems and Battery Energy Storage Systems, (hereinafter referred to as the “Zoning Amendments” or the “Action”); and
WHEREAS, the Town Board has reviewed a long form or “full” Environmental Assessment Form as prepared for the purpose of assisting the Town Board in making a determination of significance with respect to the Zoning Amendments; that is, a determination of whether the enactment of the Zoning Amendments will have a significant adverse impact on the environment; and
WHEREAS, the proposed amendments constitute a Type I action under the State Environmental Quality Review Act and the regulations promulgated thereunder (“SEQRA”); and
WHEREAS, the Town Board is the only involved agency and, therefore, a coordinated review is not required; and
WHEREAS, upon its review and 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, the Town 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; and
WHEREAS, the answers to the questions posed in Part II indicated no significant adverse impacts as a result of the zoning changes proposed,
NOW, THEREFORE, be it resolved by the Board of the Town of Watertown as follows:
1. Based upon the examination 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.
B. The Town Board is the only involved agency in connection with the proposed action.
C. No potentially significant adverse impacts on the environment are noted on the EAF, none are identified by any of the involved agencies, and none are known to this Board.
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 intensity of the use on 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 Section 617.11 will be present in the proposed action and no similar criteria will be present which will adversely impact on the environment.
The Town Clerk for the Town of Watertown is hereby directed to file in the Town Clerk’s Office in a file readily accessible to the public a negative declaration, substantially in the form as attached hereto as Exhibit “A”, and to cause the same to be published in the Environmental New Bulletin.
2. All subsequent notices concerning this action 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 seconded by Councilman Prosser 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 #29-2021
WHEREAS, Local Law No. 1 of the year 2021, a Local Law to amend and reinstate Chapter 107 of the Code of the Town of Watertown was introduced by a member of the Town Board at a meeting thereof held on December 10, 2020, 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. 1 of 2021 for January 14, 2021 at 7:00 PM, and
WHEREAS, the proposed amendment to the Zoning Law was submitted to the Jefferson County Planning Board for review and comment; and
WHEREAS, notice of the public hearing was duly published and posted as required by law, and on January 14, 2021, at 7:00 PM, a public hearing was duly held to hear all persons interested in the subject matter of Local Law No. 1 of 2021, which public hearing was held upon and continued on February 11, 2021 at 7:00 PM; and
WHEREAS, following the completion of the public comment on February 11, 2021, the public hearing was closed, but the Town Board agreed to accept and consider additional written comments; and
WHEREAS, the Board has received additional written comments in connection with that part of the local law dealing with amendments pertaining to Solar Energy Systems; and
WHEREAS, the Board has received written comments from the County Planning Board and has considered and incorporated those comments into Local Law No. 1 of 2021; and
WHEREAS, the Town Planning Board with the assistance of the Tug Hill Commission has presented Local law No. 1 of 2021 to the Town Board with its recommendations for approval;
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. Local Law No. 1 of the year 2021 amends and restates the Town of Watertown Zoning Law to add and amend certain definitions, to amend provisions relating to Solar Energy System Developments, and to amend certain uses permitted within specific districts.
3. Significant time and talent were invested in establishing Local Law No. 1 of 2021, and much consideration was given to the public comments provided during the public hearing and to the written comments and materials submitted in connection therewith, which has all been reviewed and considered by this Board.
4. This Board has adopted a Negative Declaration under the New York State Environmental Quality Review Act on March 11, 2021.
5. Based upon the foregoing, Local Law No. 1 of the year 2021 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.
6. The Clerk is instructed to notify the County Planning Board of the Town Board’s action pursuant to General Municipal Law, Section 239m within thirty days of such action.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and seconded by Councilman Prosser and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett yes
Councilman Paul Desormo no
Councilman David Prosser yes
Councilman Timothy McAtee yes
Councilwoman Joanne McClusky yes
MOTION #30-2021
WHEREAS, the Town Board of the Town of Watertown on July 9, 2020 introduced proposed Local law No. 3 to abolish the elective office of Highway Superintendent and to provide for the Highway Superintendent to be an appointive office of the Town; and
WHEREAS, notice of the public hearing was duly published and posted as required by law, and on August 13, 2020 at 7:00 PM, a public hearing was duly held to hear all persons interested in the subject matter of Local Law No. 3 of 2020, a local law to abolish the elective office of Highway Superintendent and to provide for the Highway Superintendent to be an appointive office of the Town; and
WHEREAS, following the hearing, the local law was adopted; and
WHEREAS, Local Law No. 3 was subject to mandatory referendum; and
WHEREAS, the Town Board has now determined that it is not in the best interest of the Town to make the office of Highway Superintendent an appointive office;
NOW, THEREFORE, be it resolved by the 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. The adoption of Local Law No. 3 of 2020 is hereby rescinded.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and seconded by Councilman Desormo and upon a roll call vote of the Board was duly adopted as follows:
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.
Supervisor Joel Bartlett yes
Councilman Paul Desormo yes
Councilman David Prosser yes
Councilman Timothy McAtee yes
Councilwoman Joanne McClusky yes
MOTION #31-2021
WHEREAS, it is necessary to amend the fiscal year 2021 budget to transfer funds to pay for a new truck for highway department use.
NOWTHEEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to transfer funds to increase highway appropriation accounts modifying the fiscal year budget as follows:
DECREASE INCREASE CODE AMOUNT
Unappropriated Fund Balance GF Interfund Transfer to Hwy $21,000.00
Transfer from GF Interfund Transfer to Highway Revenue $41,000.00
Increase Appropriation Acct Code Hwy D5142.2 $41,000.00
Supervisor Bartlett moved the foregoing resolution, seconded by Councilman Desormo.
Ayes All
MOTION #32-2021
The following resolution was offered by Supervisor Bartlett, who moved it adoption seconded by
Councilman McAtee, to wit:
BOND RESOLUTION DATED MARCH 11, 2021
A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS, A STATUTORY INSTALLMENT BOND OR INSTALLMENT PURCHASE AGREEMENT FOR THE PURCHASE OF A NEW 10-WHEEL TANDEM AXLE PLOW TRUCK FOR AN AMOUNT NOT TO EXCEED $200,000.
BE IT RESOLVED, by the Town Board of the Town of Watertown, Jefferson County, New York, as follows:
Section 1. The purchase of a New 10-Wheel Tandem Axle Plow Truck, 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 $200,000.
Section 2. It is hereby determined that the period of probable usefulness of the aforesaid Tandem Axle Plow Truck 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 $200,000 for such objects or purposes of said Town, hereby authorized to be issued therefor pursuant to the Local Finance Law. Such financing shall be repaid over a period in excess 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. 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, a Statutory Installment Bond 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 March 11, 2021.
Supervisor Joel Bartlett yes
Councilman Paul Desormo yes
Councilman David Prosser yes
Councilman Timothy McAtee yes
Councilwoman Joanne McClusky yes
MOTION #33-2021
Supervisor Bartlett moved to pay the following abstracts as audited.
Utilities paid prior to the meeting
General Vouchers # 41 to 43 Total $ 11,300.99
Highway Vouchers # 46 to 46 Total $ 18,862.47
Spec. Dist. Vchrs. # 21 to 21 Total $ 2,705.23
Vouchers approved for monthly meeting
General Vouchers # 44 to 74 Total $ 43,237.83
Highway Vouchers # 47 to 68 Total $ 84,101.94
Spec. Dist. Vchrs. # 22 to 32 Total $ 98,162.32
Councilmember Prosser seconded the motion.
Ayes All
Old/New Business
Supervisor Bartlett advised the Board that Superintendent Clement met with a representative
from the Department of Corrections to perform a water flow test in Water District #4. The Dry
Hill Correctional Facility will be closing March 25, 2021. The facility’s water tower services the
residents in Water District #5. The town is working with the State on a solution to prevent the
interruption of the water service.
Superintendent Clement informed the Board of the results of the water flow test. The test revealed that the Water District 4 tower cannot support the water pressure needed to service Water District 5.
Supervisor Bartlett is pursuing the possibility of the Thousand Island LDC assuming ownership of the correctional facility property. He has some ideas of how to repurpose and develop the property.
Supervisor Bartlett updated the Board on the status of the event center. The town is still working with the developer on the land transfer. When the road connection to NYS Rte 3 is blacktopped, the road will be turned over to Jefferson County. Supervisor Bartlett informed of funding opportunities for the project, adding there will be at no cost to the town taxpayers.
MOTION #34-2021
Councilman Prosser moved to adjourn the meeting at 8:14 pm, seconded by Supervisor Bartlett.
Ayes All
_____________________________
Pamela D. Desormo, Town Clerk