TOWN OF WATERTOWN
Regular Meeting
Municipal Building
November 5, 2020
Members Present: Joel R. Bartlett, Supervisor
David D. Prosser, Councilman
Timothy McAtee, Councilman
Joanne McClusky, Councilwoman
Members Absent: Paul V. Desormo, Councilman
Supervisor Bartlett opened the meeting with the Pledge of Allegiance followed by a roll call of members present at 7:00 pm. Attorney Russell was also present.
MOTION #97-2020
Supervisor Bartlett moved to adopt the minutes from the October 1, 2020 Regular Meeting, Councilman Prosser seconded.
Ayes All
MOTION #98-2020
Supervisor Bartlett moved to adopt the minutes from the October 21, 2020 Special Meeting, Councilman McAtee seconded.
Ayes All
Supervisor Bartlett opened the public hearing concerning the review of the year 2021 Preliminary Budget detailing appropriations, revenues and expenditures for the General, Highway and Special District Funds. No one wished to speak, the floor was closed.
Supervisor Bartlett asked if the board members had any questions, suggested amendments or comments concerning the 2021 Preliminary Budget. The Board was satisfied with the budget as presented.
The floor was opened for public comments; no one wished to speak, the floor was closed.
Supervisor Bartlett accepted the Town Clerk’s report.
Mrs. Desormo informed the Board of multiple requests for waivers of late payment fees on the water and sewer accounts. Discussion took place in regards to the hardship on customers due to the COVID pandemic. The Board agreed to grant the request to waive the penalties for the Preserve at Autumn Ridge and the Ramada Hotel accounts.
MOTION #99-2020
Supervisor Bartlett moved to waive late fees to water and sewer accounts from November 1, 2020 thru January 1, 2021. Councilman McAtee seconded.
Ayes All
MOTIONS/RESOLUTIONS
MOTION #100-2020
WHEREAS, Bowers and Company, the town accountant, has provided an amended contractual fee for services agreement for accounting services they provide the town.
THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to execute said agreement for 2021 accounting services.
A motion to adopt the foregoing resolution as offered by Supervisor Bartlett, and seconded by
Councilman Prosser.
Ayes All
MOTION #101-2020
WHEREAS, it is necessary to amend the fiscal year 2020 budget to balance certain appropriation accounts,
THEREFORE BE IT RESOLVED, the Supervisor is hereby authorized to transfer the required funds to the following accounts.
TRANSFER FROM CODE TRANSFER TO AMOUNT
A1990.4 Contingent Acct. A8020.4 Planning Contr. $ 1,200.00
Unappr. Fund Balance A1990.4 $10,000.00
A1990.4 A1910.4 Unallocated Insur. $ 988.00
A1990.4 A5182.4 Street Lighting $ 5,000.00
A5132.4 Garage Contr. Interfund Transfer to Hwy $40,000.00
Hwy Interfund Transfer
from Gen Fund Revenue $40,000.00
Highway Coding Corrections:
Revenues Amount
Add Highway B.A.N. $250,000.00
Interfund Transfer from Gen Fund to the Hwy Dept $ 40,000.00
Increase Appr Account Code:
Equipment DA 5130.2 $290,000.00
ReCode Correction
Decrease Appr. Code for September Actual is 5112.2 $68,364.00
Increase 5130.2 $290,000.00
Actual to date $130,014.00
Variable balance for the end of September 2020 is $159,986.00
A motion to adopt the foregoing resolution as offered by Supervisor Bartlett, and seconded by
Councilman Prosser.
Supervisor: Joel Bartlett Yes
Councilman: Paul Desormo Absent
Councilman: David Prosser Yes
Councilman: Timothy McAtee Yes
Councilwoman: Joanne McClusky Yes
MOTION #102-2020
BE IT RESOLVED, By the Town Board of the Town of Watertown that Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.
FURTHER RESOLVED, that in accordance with Article 57-A: (a) only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein; (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods.
A motion to adopt the foregoing resolution was offered by Supervisor Bartlett and seconded by Councilman Prosser, and upon a roll call vote was adopted as follows:
Supervisor: Joel Bartlett Yes
Councilman: Paul Desormo Absent
Councilman: David Prosser Yes
Councilman: Timothy McAtee Yes
Councilwoman: Joanne McClusky Yes
MOTION #103-2020
A Resolution of the Town Council of the Town of Watertown adopting a Budget for the fiscal year commencing January 1, 2021 and ending December 31, 2021 making appropriations for the conduct of Town of Watertown Government and establishing rates of compensation for officers and employees for such period.
WHEREAS, at a regular meeting of the Town Council held on Thursday October 1st , 2020, the Tentative Budget for the Fiscal Year 2021 was presented to the Town Council as required by Section 106 of the General Municipal Law, and
WHEREAS, the Town Council thereafter has reviewed the Tentative Budget, and upon completion of such review, the Tentative Budget with any and all revisions and modifications thereof became the Preliminary Budget for the Fiscal Year 2021, which was filed in the Town Clerk’s Office and made available for public inspection; and
WHEREAS, notice of a public hearing on the Preliminary Budget for fiscal year 2021 was posted and published as required by law, and on Thursday November 5th , 2020 at 7:00 pm, at the Town Municipal Office, a public hearing on the Preliminary 2021 Budget for the Town of Watertown, which includes the Preliminary Budget estimates for the Town of Watertown General Fund, Highway Fund, Water Districts 1, 3, 4, 5 and 6 and Sewer Districts 1, 2, 3, 4, 5 and 6, and all persons interested therein were provided an opportunity to be heard.
NOW THEREFORE BE IT RESOLVED by the Town of Watertown Council as follows:
1) This Council has met at the time and place as specified in the notice to the public on the Preliminary 2021 Budget and heard all persons desiring to be heard therein.
2) The Preliminary Budget as amended and revised is hereby adopted for the Fiscal Year 2021, and that the several amounts stated be hereby appropriated for the objects and purposes specified, and the salaries wages stated therein shall be and are fixed at the amounts shown therein, effective January 1, 2021.
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
Councilman Paul V. Desormo Absent
Councilman David W. Prosser yes
Councilman Timothy L. McAtee yes
Councilwoman Joanne M. McClusky yes
MOTION #104-2020
WHEREAS, at a regular meeting of this Board held at the Town offices on the 13th day of August, 2020, an Order of this Board was duly adopted and entered in the minutes of the proceedings reciting in general terms the filing with the Town Clerk of the Town of Watertown of a map, plan and report prepared by Bernier, Carr & Associates (“BCA”) for the proposed extension of Water District No. 1 within the Town of Watertown, reciting the boundaries of the proposed District extension, the improvements proposed, and the cost to construct such improvements and specifying that a public hearing shall be held to hear all persons interested in the proposed expansion of Water District No. 1, TI Ag Park, at 7:00 p.m. on September 10, 2020; and
WHEREAS, a copy of the aforementioned Order of this Board was duly and regularly published in the official newspaper for the Town of Watertown and certified copies thereof were posted on the official sign board of the Town of Watertown as required by Article 12-A of the Town Law; and
WHEREAS, a public hearing was duly held pursuant to the aforesaid Order at the Town offices, 22867 County Route 67, Watertown, New York on September 10, 2020, at 7:00 p.m., and all persons interested in the proposed extension were provided an opportunity to be heard; and
WHEREAS, following the closing of the public hearing this Board voted unanimously to adopt a resolution making certain findings and determined to extend Water District No. 1 as presented by BCA, which resolution was subject to a permissive referendum; and
WHEREAS, within ten (10) days following the adoption of the aforesaid Resolution, the full text of the Resolution together with a notice setting forth the date of the adoption thereof and the fact that the resolution was adopted subject to a permissive referendum was published in the official newspaper of the Town of Watertown and posted as required by law; and
WHEREAS, more than thirty (30) days have elapsed since the adoption of the Resolution, and no petition protesting against the Resolution has been properly submitted to the Town Clerk of the Town of Watertown, and the Town Clerk has caused to be filed pursuant to Section 209-e(4)(a) of the Town Law a certificate certifying that no petition was filed requesting a referendum; and
WHEREAS, the permission of the State Comptroller is not required pursuant to Section 209-f of the Town Law.
NOW, THEREFORE, upon a motion duly made, and seconded, this Board hereby makes the following Order:
1. ORDERED that the aforesaid recitations are incorporated herein as if fully set forth hereafter, and it is further
2. ORDERED that the extension of Water District No. 1 as described in the map, plan and report prepared by BCA, the boundaries of which are described on Schedule “A” attached hereto and made a part hereof is finally established and the providing of the services thereof as described therein is hereby authorized, and it is further
3. ORDERED that the Town Clerk of the Town of Watertown shall cause a certified copy of this final Order of the Town Board to be duly recorded in the Office of the Clerk of the County of Jefferson, within ten (10) days after its adoption, and to file a certified copy thereof with the Department of Audit and Control within ten (10) days following its adoption.
A motion to adopt the foregoing Order was made by Supervisor Bartlett and seconded by Councilman McAtee and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett yes
Councilman Paul Desormo Absent
Councilman David Prosser yes
Councilman Timothy McAtee yes
Councilwoman Joanne McClusky yes
SCHEDULE “A”
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Watertown, County of Jefferson, State of New York and being further described as follows:
BEGINNING at a 1/2″ iron pipe with cap set in the monumented southerly highway margin of New York State Route 3 at its intersection with the westerly bounds of a parcel of land conveyed to the Fellowship Baptist Church of Watertown New York by deed recorded in the Jefferson County Clerk’s Office as Instrument 2004-10751;
THENCE S.02–04’–38″ W., a distance of 568.43 feet to a 3/4″ iron pipe found;
THENCE N.76–54’–22″ E., a distance of 499.38 feet to a 3/4″ iron pipe found in the westerly bounds of a parcel of land conveyed to the Board of Cooperative Educational Services for the Third Supervisory District of Jefferson County by deed recorded in the Jefferson County Clerk’s Office in Liber 810 at Page 704 on October 30, 1968;
THENCE S.02–00’–56″ W., along the westerly bounds of the lands of the Board of Cooperative Educational Services (Liber 810 Page 704) passing through a 3/4″ iron pipe found in wire remains at a distance of 2920.32 feet and continuing, a total distance of 4332.62 feet to a point in the northerly bounds of a 15 acre parcel described in a conveyance to Wendell J. McKee et al. recorded in the Jefferson County Clerk’s Office as Instrument 2013-15548 on October 17, 2013;
THENCE S.85–44’–54″ E., along the northerly bounds of a said 15 acre parcel described in Instrument 2013-15548, a distance of 862.91 feet to the northeasterly corner of said parcel;
THENCE S.02–45’–50″ W., continuing along the bounds of said 15 acre parcel described in Instrument 2013-15548, a distance of 160.05 feet to the northeasterly corner of 7.50 acre exception described in a conveyance to Wendell J. McKee et al. recorded in the Jefferson County Clerk’s Office as Instrument 2013-15548 on October 17, 2013;
THENCE N.85–44’–34″ W., along the northerly bounds of said 7.50 acre exception described in Instrument 2013-15548 a distance of 2043.36 feet to the northwesterly corner of said 7.50 acre parcel;
THENCE N.07–29’–28″ E., passing through a 1/2” iron pipe found a distance of 815.37 and a 1/2″ iron pipe with cap set at a distance of 1788.04 feet respectively and continuing, a total distance of 1947.10 feet to a point in a dead 18” cherry tree;
THENCE N.03–44’–26″ E., a distance of 512.92 feet to a point in a stone wall intersection, said point being the southwesterly corner of a 52 acre parcel of land described in a conveyance to Wendell J. McKee et al. recorded in the Jefferson County Clerk’s Office as Instrument 2013-15548 on October 17, 2013;
THENCE N.01–34’–59″ E., along the westerly bounds of said 52 acre parcel described in Instrument 2013-15548 a distance of 2278.68 feet to a 1/2″ iron pipe with cap set in the southerly highway margin of New York State Route 3;
THENCE N.74–43’–10″ E., a distance of 240.41 feet to a concrete highway monument; THENCE N.63–41’–17″ E., a distance of 21.33 feet to a concrete highway monument; THENCE N.76–39’–35″ E., a distance of 277.69 feet to the POINT OF BEGINNING. CONTAINING 112.70± acres of land more or less.
SUBJECT to any right, title or interests conveyed to Carthage, Watertown and Sackets Harbor Railroad.
SUBJECT to a Permanent Drainage Easement appropriated by the People of the State of New York by deed recorded in the Jefferson County Clerk’s Office as Instrument 2005-3201 on March 02, 2005.
SUBJECT to any utilities running across or under the lands described herein.
SUBJECT to any other rights or restrictions of record.
IT BEING the intent to describe lands conveyed from Wendell J. McKee & Bank of America, N.A. as surviving trustees under Will of Wendell A. McKee to Wendell J. McKee, Davis A. McKee, Christopher Moore & John W. Moore by deed recorded in the Jefferson County Clerk’s Office as Instrument 2013- 15548 on October 17, 2013 as shown on a map titled “Survey Map of The Lands of McKee et el., Prepared for Lundy Development and Property Management, New York State Route 3, Town of Watertown, County of Jefferson, State of New York” dated January 30, 2018, prepared by GYMO Architecture, Engineering and Land Surveying D.P.C., Watertown, New York.
THE ABOVE Suggested Description was prepared by GYMO Architecture, Engineering and Land Surveying for 112.70 Acre Parcel in the Town of Watertown on January 30, 2018 Project Number 2017-134E.02.
IT ALSO BEING the intent to describe a Water and Water District Extension as shown on map titled, District Extension Map, Town of Watertown Water Supply and Wastewater Collection Improvements, prepared by Bernier Carr and Associates and dated August 11, 2020.
MOTION #105-2020
WHEREAS, at a regular meeting of this Board held at the Town offices on the 13th day of August, 2020, an Order of this Board was duly adopted and entered in the minutes of the proceedings reciting in general terms the filing with the Town Clerk of the Town of Watertown of a map, plan and report prepared by Bernier, Carr & Associates (“BCA”) for the proposed extension of Sewer District No. 2 within the Town of Watertown, reciting the boundaries of the proposed District extension, the improvements proposed and the cost to construct such improvements and specifying that a public hearing shall be held to hear all persons interested in the proposed expansion of Sewer District No. 2, TI Ag Park, at 7:00 p.m. on September 10, 2020; and
WHEREAS, a copy of the aforementioned Order of this Board was duly and regularly published in the official newspaper for the Town of Watertown and certified copies thereof were posted on the official sign board of the Town of Watertown as required by Article 12-A of the Town Law; and
WHEREAS, a public hearing was duly held pursuant to the aforesaid Order at the Town offices, 22867 County Route 67, Watertown, New York on September 10, 2020, at 7:00 p.m., and all persons interested in the proposed extension were provided an opportunity to be heard; and
WHEREAS, following the closing of the public hearing this Board voted unanimously to adopt a resolution making certain findings and determined to extend Sewer District No. 2 as presented by BCA, which resolution was subject to a permissive referendum; and
WHEREAS, within ten (10) days following the adoption of the aforesaid Resolution, the full text of the Resolution together with a notice setting forth the date of the adoption thereof and the fact that the resolution was adopted subject to a permissive referendum was published in the official newspaper of the Town of Watertown and posted as required by law; and
WHEREAS, more than thirty (30) days have elapsed since the adoption of the Resolution, and no petition protesting against the Resolution has been properly submitted to the Town Clerk of the Town of Watertown, and the Town Clerk has caused to be filed pursuant to Section 209-e(4)(a) of the Town Law a certificate certifying that no petition was filed requesting a referendum; and
WHEREAS, the permission of the State Comptroller is not required pursuant to Section 209-f of the Town Law.
NOW, THEREFORE, upon a motion duly made, and seconded, this Board hereby makes the following Order:
4. ORDERED that the aforesaid recitations are incorporated herein as if fully set forth hereafter, and it is further
5. ORDERED that the extension of Sewer District No. 2 as described in the map, plan and report prepared by BCA, the boundaries of which area described on Schedule “A” attached hereto and made a part hereof is finally established and the providing of the services thereof as described therein is hereby authorized, and it is further
6. ORDERED that the Town Clerk of the Town of Watertown shall cause a certified copy of this final Order of the Town Board to be duly recorded in the Office of the Clerk of the County of Jefferson, within ten (10) days after its adoption, and to file a certified copy thereof with the Department of Audit and Control within ten (10) days following its adoption.
A motion to adopt the foregoing Order 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 Absent
Councilman David Prosser yes
Councilman Timothy McAtee yes
Councilwoman Joanne McClusky yes
SCHEDULE “A”
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Watertown, County of Jefferson, State of New York and being further described as follows:
BEGINNING at a 1/2″ iron pipe with cap set in the monumented southerly highway margin of New York State Route 3 at its intersection with the westerly bounds of a parcel of land conveyed to the Fellowship Baptist Church of Watertown New York by deed recorded in the Jefferson County Clerk’s Office as Instrument 2004-10751;
THENCE S.02–04’–38″ W., a distance of 568.43 feet to a 3/4″ iron pipe found;
THENCE N.76–54’–22″ E., a distance of 499.38 feet to a 3/4″ iron pipe found in the westerly bounds of a parcel of land conveyed to the Board of Cooperative Educational Services for the Third Supervisory District of Jefferson County by deed recorded in the Jefferson County Clerk’s Office in Liber 810 at Page 704 on October 30, 1968;
THENCE S.02–00’–56″ W., along the westerly bounds of the lands of the Board of Cooperative Educational Services (Liber 810 Page 704) passing through a 3/4″ iron pipe found in wire remains at a distance of 2920.32 feet and continuing, a total distance of 4332.62 feet to a point in the northerly bounds of a 15 acre parcel described in a conveyance to Wendell J. McKee et al. recorded in the Jefferson County Clerk’s Office as Instrument 2013-15548 on October 17, 2013;
THENCE S.85–44’–54″ E., along the northerly bounds of a said 15 acre parcel described in Instrument 2013-15548, a distance of 862.91 feet to the northeasterly corner of said parcel;
THENCE S.02–45’–50″ W., continuing along the bounds of said 15 acre parcel described in Instrument 2013-15548, a distance of 160.05 feet to the northeasterly corner of 7.50 acre exception described in a conveyance to Wendell J. McKee et al. recorded in the Jefferson County Clerk’s Office as Instrument 2013-15548 on October 17, 2013;
THENCE N.85–44’–34″ W., along the northerly bounds of said 7.50 acre exception described in Instrument 2013-15548 a distance of 2043.36 feet to the northwesterly corner of said 7.50 acre parcel;
THENCE N.07–29’–28″ E., passing through a 1/2” iron pipe found a distance of 815.37 and a 1/2″ iron pipe with cap set at a distance of 1788.04 feet respectively and continuing, a total distance of 1947.10 feet to a point in a dead 18” cherry tree;
THENCE N.03–44’–26″ E., a distance of 512.92 feet to a point in a stone wall intersection, said point being the southwesterly corner of a 52 acre parcel of land described in a conveyance to Wendell J. McKee et al. recorded in the Jefferson County Clerk’s Office as Instrument 2013-15548 on October 17, 2013;
THENCE N.01–34’–59″ E., along the westerly bounds of said 52 acre parcel described in Instrument 2013-15548 a distance of 2278.68 feet to a 1/2″ iron pipe with cap set in the southerly highway margin of New York State Route 3;
THENCE N.74–43’–10″ E., a distance of 240.41 feet to a concrete highway monument; THENCE N.63–41’–17″ E., a distance of 21.33 feet to a concrete highway monument; THENCE N.76–39’–35″ E., a distance of 277.69 feet to the POINT OF BEGINNING. CONTAINING 112.70± acres of land more or less.
SUBJECT to any right, title or interests conveyed to Carthage, Watertown and Sackets Harbor Railroad.
SUBJECT to a Permanent Drainage Easement appropriated by the People of the State of New York by deed recorded in the Jefferson County Clerk’s Office as Instrument 2005-3201 on March 02, 2005.
SUBJECT to any utilities running across or under the lands described herein.
SUBJECT to any other rights or restrictions of record.
IT BEING the intent to describe lands conveyed from Wendell J. McKee & Bank of America, N.A. as surviving trustees under Will of Wendell A. McKee to Wendell J. McKee, Davis A. McKee, Christopher Moore & John W. Moore by deed recorded in the Jefferson County Clerk’s Office as Instrument 2013- 15548 on October 17, 2013 as shown on a map titled “Survey Map of The Lands of McKee et el., Prepared for Lundy Development and Property Management, New York State Route 3, Town of Watertown, County of Jefferson, State of New York” dated January 30, 2018, prepared by GYMO Architecture, Engineering and Land Surveying D.P.C., Watertown, New York.
THE ABOVE Suggested Description was prepared by GYMO Architecture, Engineering and Land Surveying for 112.70 Acre Parcel in the Town of Watertown on January 30, 2018 Project Number 2017-134E.02.
IT ALSO BEING the intent to describe a Water and Sewer District Extension as shown on map titled, District Extension Map, Town of Watertown Water Supply and Wastewater Collection Improvements, prepared by Bernier Carr and Associates and dated August 11, 2020.
MOTION #106-2020
Supervisor Bartlett moved to pay the following abstracts as audited.
Utilities paid prior to the meeting
General Vouchers # 181 to 183 Total $ 13,075.47
Highway Vouchers # 130 to 130 Total $ 16,291.68
Spec. Dist. Vchrs. # 70 to 70 Total $ 3,384.69
Vouchers approved for monthly meeting
General Vouchers # 184 to 200 Total $ 28,340.24
Highway Vouchers # 131 to 145 Total $ 34,083.98
Spec. Dist. Vchrs. # 71 to 76 Total $ 107,964.63
Councilman Prosser seconded the motion.
Ayes All
Old/New Business
Supervisor Bartlett asked Highway Superintendent Clement about the status of the new pickup ordered for the highway department. Superintendent Clement informed the truck is on a 14-16 week backorder. Supervisor Bartlett will encumber the $40,000 to next year’s budget. He will also encumber the $5,000 for the clerks contractual account to upgrade the utility software system.
Councilman McAtee inquired about the status of the water meter order. Superintendent Clement informed he ordered 50 and will order the next 50 when those have been used. He was concerned with having too much inventory sitting around.
Supervisor Bartlett asked Superintendent Clement if he had enough trucks and a grader available for next week. They plan to pave the road at the TI AgPark located on NYS Rte 3. Mr. Clement said he should be all set for the project.
Supervisor Bartlett updated the Board on the status of the event center and the LDC Board. He is all set to sign the land transfer agreement with Mr. Lundy. Attorney Russell advised the 35-acre parcel for the event center should be deeded to the LDC and the road should be deeded to the Town of Watertown.
Supervisor Bartlett inquired of Attorney Russell regarding funding for the water & sewer infrastructure. He asked if the upgrades to the water mains on NYS Rte 12F and the expansion of the water on NYS Rte 3 could be combined in one loan. Attorney Russell advised as long as they were both in the same water district, they could combine the cost.
MOTION #107-2020
Councilman Prosser moved to adjourn the meeting at 7:52 pm, seconded by Councilman McAtee.
Ayes All
_____________________________
Pamela D. Desormo, Town Clerk