TOWN OF WATERTOWN
Rescheduled Regular Meeting
Municipal Building
May 15, 2024
Members Present: Joel R. Bartlett, Supervisor
David D. Prosser, Councilman
Joanne McClusky, Councilwoman
Michael Perkins, Councilman
Members Absent:
Supervisor Bartlett opened the meeting with the Pledge of Allegiance, followed by a roll call of members present at 7:00 pm. Attorney Harrienger was also present.
MOTION #52-2024
Supervisor Bartlett moved to adopt the minutes from the April 11, 2024 Regular Board Meeting, Councilman Prosser seconded.
Ayes All
Pat Scordo and Ryan Aubertine, GYMO Engineering addressed the Board. Mr. Scordo updated the Board on the NE Water District #7. They are progressing with the funding applications. This summer/fall they will be working on preliminary and final design plans and submitting them to the regulatory agencies. The plan is to start the bidding process next winter with construction taking place in 2025.
Supervisor Bartlett opened the floor for public comment; no one wished to speak, the floor was closed.
Supervisor Bartlett accepted the Town Clerk’s Report.
MOTIONS/RESOLUTIONS
MOTION #53-2024
RESOLUTION WITH REFERENCE TO THE PROPOSED TOWN OF WATERTOWN, JEFFERSON COUNTY, NEW YORK NORTHEAST WATER DISTRICT PROJECT
WHEREAS, the Town of Watertown Town Board supports the submission of a New York State Water Infrastructure Improvement Act (WIIA) grant on behalf of the Town for the Northeast Water District project hereinafter referred to as the “Project”; and
WHEREAS, affordability for Town residents and property owners is a significant concern in advancement of the proposed project: and
WHEREAS, Engineering Reports entitled “Engineering Report for the Town of Watertown Northeast Water District” recommends implementing the Project to help improve water quality and protect public health; and
NOW, THEREFORE, be it RESOLVED as follows:
1. The Town Board authorizes Municipal Solutions, Inc. to prepare applications for WIIA Grant funds from the NYS Environmental Facilities Corporation (EFC).
2. The Town Board authorizes Joel Bartlett in his role as Town Supervisor, to execute the application and any necessary supporting documents required to apply for the WIIA grant funds from the NYS Environmental Facilities Corporation (EFC).
3. This resolution shall take effect immediately.
Supervisor Bartlett moved the foregoing resolution, seconded by Councilman Prosser.
Joel R. Bartlett, Supervisor yes
David D. Prosser yes
Joanne McClusky yes
Michael Perkins yes
MOTION #54-2024
WHEREAS, New York General Municipal Law, Article 5-G, Section 119-0 (Section 119-0) empowers municipal corporations [defined in Article 5-G, Section 119-n to include school districts, boards of cooperative educational services, counties, cities, towns and villages, and districts] to enter into, amend, cancel, and terminate agreements for the performance among themselves (or one for the other) of their respective functions, powers, and duties on a cooperative or contract basis;
WHEREAS, the Town of Watertown wishes to invest portions of its available investment funds in cooperation with other corporations and/or districts pursuant to the NYCLASS Municipal Cooperation Agreement Amended and Restated as of March 28, 2019;
WHEREAS, the Town of Watertown wishes to satisfy the safety and liquidity
needs of their funds;
NOW, THERFORE, IT IS HEREBY RESOLVED as follows: that Joel Bartlett, Town Supervisor and Pamela Desormo, Town Clerk of the Town of Watertown are hereby authorized to participate in the NYCLASS program under the terms of the NYCLASS Municipal Cooperation Agreement Amended and Restated as of March 28, 2019.
Supervisor Bartlett moved the foregoing resolution, seconded by Councilman Prosser.
Joel R. Bartlett, Supervisor yes
David D. Prosser yes
Joanne McClusky yes
Michael Perkins yes
MOTION #55-2024
VACANT TOWN BOARD MEMBER SEAT
WHEREAS, the Town Board of the Town of Watertown, New York recognizes the responsibility placed on each Town Board Member as representatives of the Town of Watertown Residents; and
WHEREAS, in accordance with New York Law, when a member of a Town Board no longer holds residency within the Town, their membership on the Town Board is revoked and the place they held is considered an automatic vacancy of office; and
WHEREAS, Councilman Timothy McAtee has missed the last six (6) Town Board Meetings; and
WHEREAS, Councilman Timothy McAtee has sold his home located in the Town of Watertown, New York; and
WHEREAS, Councilman Timothy McAtee has admitted to being in the State of Florida during the duration of at least the past five (5) months; and
WHEREAS, all attempts to reach Councilman McAtee have gone unanswered; and
WHEREAS, the Town Board for the Town of Watertown recognizes the importance of having a present and legally eligible Town Board in order to best serve the needs of the Town of Watertown Residents.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Watertown finds that Councilman McAtee has abandoned his seat on the Town of Watertown Town Board; and
BE IT FURTHER RESOLVED, by the Town Board of the Town of Watertown, New York:
1. That the Town Board officially recognizes the Town Board seat previously held by Mr. McAtee to be in all respects vacant.
2. That a majority of the Town Board may vote to appoint an individual to serve in said vacant seat until the upcoming November election.
3. This Resolution shall take effect immediately.
The foregoing Resolution was offered by Supervisor Bartlett, and seconded by Councilman Prosser, and upon roll call vote of the Board was duly adopted as follows:
Joel R. Bartlett, Supervisor yes
David D. Prosser yes
Joanne McClusky yes
Michael Perkins yes
Attorney Harrienger explained that residency is required to be a Town Councilperson. She also expressed the importance of having five active boardmembers to pass resolutions that need a supermajority.
MOTION #56 -2024
Supervisor Bartlett moved that the Town Board advertise to accept letters of interest for appointment to the position of Town Board Member. Applicants must be full time residents of the Town of Watertown. All letters of interest for the appointment will be received at the Town Clerks Office, 22867 Co Rte 67, Watertown, NY 13601 up until 3:30 pm June 13, 2024. Motion seconded, by Councilman Prosser.
Supervisor Joel R. Bartlett yes
David D. Prosser yes
Joanne McClusky yes
Michael Perkins yes
MOTION #57 -2024
WHEREAS, public works employee Derek Ritz has reached his employment anniversary date and is entitled to a wage grade increase from MEO-2 to MEO-1.
THEREFORE, BE IT RESOLVED, Derek Ritz is hereby promoted from wage grade MEO-2 to MEO-1 at the new hourly rate of $25.22 per hour.
The foregoing Resolution was offered by Supervisor Bartlett, and seconded by Board Member Prosser, and upon roll call vote of the Board was duly adopted as follows:
Supervisor Joel R. Bartlett yes
David D. Prosser yes
Joanne McClusky yes
Michael Perkins yes
MOTION #58 -2024
WHEREAS, the Jefferson- Lewis BOCES provides drug and alcohol testing for the Town of Watertown public works department employees pursuant to an agreement (on file) and;
WHEREAS, the contractual agreement under the terms and conditions noted therein is due for renewal upon the expiration of the old contract for said services.
THEREFORE, BE IT RESOLVED, the Highway Superintendent is hereby authorized to execute the contract for service with Jefferson-Lewis BOCES for the period commencing July 1, 2024 and expiring June 30, 2025.
The foregoing Resolution was offered by Supervisor Bartlett, and seconded by Board Member Prosser, and upon roll call vote of the Board was duly adopted as follows:
Supervisor Joel R. Bartlett yes
David D. Prosser yes
Joanne McClusky yes
Michael Perkins yes
MOTION #59 -2024
BOND RESOLUTION DATED MAY 15, 2024 OF THE TOWN BOARD OF THE TOWN OF WATERTOWN AUTHORIZING THE PURCHASE BY THE TOWN OF A NEW 10-WHEEL TANDEM AXLE DUMP TRUCK, AUTHORIZING THE ISSUANCE OF BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $225,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
BE IT RESOLVED, by the Town Board of the Town of Watertown, Jefferson County, New York (the “Town”) (by the favorable vote of not less than two-thirds of all of the members of the Board) as follows:
Section 1. The Town is authorized to acquire a new 10-wheel tandem axel dump truck, at a maximum cost of $225,000, as more particularly described in Section 3 hereof.
Section 2. The Town is hereby authorized to issue its serial general obligation bonds (the “Bonds”) in the aggregate principal amount of not to exceed $225,000 pursuant to the Local Finance Law of New York, in order to finance the class of objects or purposes described herein.
Section 3. The class of objects or purposes to be financed pursuant to this Resolution is the acquisition of a new 10-wheel tandem axel dump truck (the “Purpose”).
Section 4. It is hereby determined that the Purpose is one of the class of objects or purposes described in Subdivision 28 of Paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is fifteen (15) years. The proposed maturity of the Bonds authorized herein will be in excess of five (5) years.
Section 5. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of such bonds by virtue of paragraph 9 of subsection d. of Section 107.00 of the Local Finance Law.
Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the sale of the Bonds, including renewals of such notes, is hereby delegated to the Supervisor of the Town, the chief fiscal officer.
Section 7. The power to further authorize the issuance of the Bonds and bond anticipation notes and to prescribe the terms, form and contents of the Bonds and bond anticipation notes, including the consolidation with other issues and the use of substantially level debt service, subject to the provisions of this Resolution and the Local Finance Law, and to sell and deliver the Bonds and bond anticipation notes, is hereby delegated to the Supervisor of the Town. The Supervisor of the Town is hereby authorized to sign and the Town Clerk is hereby authorized to attest any Bonds and bond anticipation notes issued pursuant to this Resolution, and the Town Clerk is hereby authorized to affix to such Bonds and bond anticipation notes the corporate seal of the Town.
Section 8. The faith and credit of said Town 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 be made in each year sufficient to pay the principal of and interest on such Bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such Bonds as the same become due and payable.
Section 9. This Resolution shall constitute the Town’s “official intent”, within the meaning of Section 1.150-2 of the Treasury Regulations, to finance the cost of the Purpose with the Bonds and notes herein authorized. The Town shall not reimburse itself from the proceeds of the Bonds or notes for any expenditures paid more than sixty days prior to the date hereof, unless specifically authorized by Section 1.150-2 of the Treasury Regulations.
Section 10. This Resolution is adopted subject to a permissive referendum pursuant to Section 35.00 of the Local Finance Law and Section 90.00 of the Town Law. The Town Clerk is hereby authorized and directed within ten (10) days after the adoption of said resolution, to cause to be published a notice which sets forth the date of the resolution’s adoption and contains an abstract of the resolution concisely stating its purpose and effect.
Section 11. This Resolution, or a summary thereof, when effective, shall be published by the Town Clerk together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in each official newspaper of the Town. The validity of the Bonds or of any bond anticipation notes issued in anticipation of the sale of the Bonds may be contested only if such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or 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 if said obligations are authorized in violation of the provisions of the Constitution.
Section 12. The firm Barclay Damon LLP is hereby appointed Bond Counsel to the Town in connection with the Bonds and bond anticipation notes herein authorized.
Section 13. This Resolution shall take effect upon the earlier of (a) the expiration of the time for filing a petition requesting that the issuance of the Bonds be submitted to referendum or (b) a positive vote upon the referendum authorizing the issuance of the Bonds.
The foregoing Resolution was offered by Supervisor Bartlett, and seconded by Board Member Prosser, and upon roll call vote of the Board was duly adopted as follows:
Supervisor Joel R. Bartlett yes
David D. Prosser yes
Joanne McClusky yes
Michael Perkins yes
The foregoing resolution was thereupon declared duly adopted.
MOTION #60 -2024
WHEREAS, Green Corners Solar is proposing a solar project located within the Town of Hounsfield and portions of the Town of Watertown wherein town owned municipal roadways could be affected with the company’s heavy construction vehicle traffic upon the town owned highways; and
WHEREAS, an agreement (on file in the Clerk’s Office) has been reached between Green Corners Solar and the Town of Watertown, for Green Corners Solar to have the responsibility of repairing or replacing any portion of these town owned roadways in connection to the construction of or de-commissioning of said project upon town roads.
NOW THEREFORE BE IT RESOLVED, the Public Works Superintendent is hereby authorized to execute said agreement between Green Corners Solar and the Town of Watertown under the terms and conditions enumerated within the agreement document date May 15, 2024
The foregoing Resolution was offered by Supervisor Bartlett, and seconded by Board Member Prosser, and upon roll call vote of the Board was duly adopted as follows:
Supervisor Joel R. Bartlett yes
David D. Prosser yes
Joanne McClusky yes
Michael Perkins yes
MOTION #61 -2024
NOTICE OF PUBLIC HEARING
Town of Watertown, New York
Proposed Local Law: #2 Updated Zoning Code
PLEASE TAKE NOTICE that a Local Law has been introduced before the Town Board of the Town of Watertown to address updates to the Zoning Code within the Town.
PLEASE TAKE NOTICE that a public hearing in connection with the proposed legislation will be held at the Municipal Office, located at 22867 County Route 67, Watertown, NY 13601 on June 13, 2024 at 7:00 p.m. An opportunity to be heard in regard thereto will then and there be given to all persons interested in this proposed legislation.
The foregoing Resolution was offered by Supervisor Bartlett, and seconded by Board Member Prosser, and upon roll call vote of the Board was duly adopted as follows:
Supervisor Joel R. Bartlett yes
David D. Prosser yes
Joanne McClusky yes
Michael Perkins yes
MOTION #62-2024
Supervisor Bartlett moved to pay the following abstracts as audited.
Utilities paid prior to the meeting
General Vouchers # 84 to 86 Total $ 7,651.50
Highway Vouchers # 75 to 75 Total $ 23,478.25
Spec. Dist. Vchrs. # 45 to 45 Total $ 6,223.78
Vouchers approved for monthly meeting
General Vouchers # 87 to 106 Total $ 30,420.97
Highway Vouchers # 76 to 89 Total $ 11,397.30
Spec. Dist. Vchrs. # 46 to 64 Total $ 145,526.00
Councilmember Prosser seconded the motion.
Joel R. Bartlett, Supervisor yes
David D. Prosser yes
Joanne McClusky absent
Michael Perkins yes
Supervisor Bartlett informed the Board:
He would be meeting with the City concerning the DEC consent order for the sewer system Friday.
Event Center – Planning on a meeting with the Governor’s Office soon.
Water 1 – Sewer 2 – the gas and electric utility portions are being completed now.
MOTION #63-2024
Supervisor Bartlett moved to adjourn to Executive Session at 7:43 pm to discuss the possible purchasing contract regarding the Lettiere Tract Water District, seconded by Councilman Prosser.
Ayes All
The meeting reconvened at 8:15 pm.
No action was taken at tonight’s meeting concerning the Executive Session discussions. Supervisor Bartlett reminded the Board all discussions in Executive Session must remain confidential.
Supervisor Bartlett asked Mr. Lettiere if he would be available to meet with him, Councilman Prosser and Mr. Scordo next week to discuss the Lettiere Tract water system.
Highway Superintendent Clement inquired about possible purchase of a bucket truck for highway use. He has found a truck and the company involved is approved through Sourcewell. A State bidding resource to allow towns to purchase used equipment without having to go through the full bid process.
MOTION #64-2024
Supervisor Bartlett offered a motion to allow the Supervisor to enter into an agreement with Sourcewell for the purchased of a used 2015 F750 Bucket Truck with a 61’ boom from Alteck. The purchase price will be $52,000.00, seconded by Councilman Prosser
Ayes All
MOTION #65-2024
Councilman Prosser moved to adjourn the meeting at 8:19 pm, seconded by Supervisor Bartlett.
Ayes All
_____________________________
Pamela D. Desormo, Town Clerk