TOWN OF WATERTOWN
Rescheduled Regular Meeting
Municipal Building
February 8, 2024
Members Present: Joel R. Bartlett, Supervisor
David D. Prosser, Councilman
Joanne McClusky, Councilwoman
Michael Perkins, Councilman
Members Absent: Timothy McAtee, Councilman
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.
Supervisor introduced and welcomed the newest Town Board Member, Michael Perkins who replaced the former member Paul Desormo who served the town for 32 years.
MOTION #24-2024
Supervisor Bartlett moved to adopt the minutes from the January 22, 2024, Rescheduled Regular Board Meeting, Councilman Prosser seconded.
Ayes All
Pat Scordo, GYMO Engineering approached the Board. He updated the Board on the status of the NE Water District (W7) project. The Board has approved the formation of the district as well as going through SEQR. They issued a negative declaration finding with no significant environmental impact. The survey design is 90% completed. The next step is adopting the Bond Resolution.
MOTION #25-2023
Supervisor Bartlett moved to accept the fee for service agreement with GYMO Engineering. This is for a study relative to the expansion of the Lettiere Tract water system to Outer Ives Street Road. The Board authorizes the Supervisor to execute and sign said agreement. The cost of the survey and work is not to exceed $10,000, seconded by Councilman Prosser.
Ayes All
Supervisor Bartlett informed the Board, any cost involved in forming the district will be added to the cost levied to the property owners when funding the project. The purchase of the system would only be affordable if the district is expanded to include more users. GYMO’s study will give the town a better idea of cost involved. When the study is completed 51% of the property owners would have to agree to purchase the district at the cost proposed. Mr. Scordo will plan on having something to the Board to review at the April board meeting.
Supervisor Barlett updated the Board that he has been working with the City on the new water contract. This will include the projected water needs of the town for future growth and development. The City is still working on the DEC consent order they are under, no new water or sewer permits are being issued by the City at this time. Bernier Carr will have information for the next meeting concerning the sewer issues in the town and possible solutions.
Supervisor Bartlett informed the Board there is a proposal to annex 15 acres from the Town of Hounsfield. This is adjacent to the town property on Alexander Drive. The property owner will submit a request to both municipalities requesting an annexation of the property to the Town. After a joint public hearing, a decision can be made. This should be on next month’s agenda.
Supervisor Bartlett open the floor for public comment:
Dave Sodequist, Lettiere Tract, inquired about the cost of putting in a new water system. He asked if the town would do a comparison between staying with the existing piping considering estimated repairs and upgrades, as well as what it would cost to replace the system with new lines. He is concerned with the age of the pipes and that they contain asbestos.
Jim Lettiere informed that the State requires him to preform an asbestos supination test every 9 years. He performed this test 6-8 months ago. The test showed asbestos as non-detectable. The results of the tests are available on his website.
Supervisor Bartlett asked the engineer to compare the price of replacing the system with new piping to the annual repair of the existing system.
Ralph Green Jr. stated he was asked by the Highway Superintendent to put together an estimate to convert the street lights on Howell Drive to LED bulbs. He presented the Board a price breakout sheet and explained the cost savings to the town by switching out the 9 lights and replacing them with LED bulbs. Payback on the investment would be 1.35 years for an approximate savings of $3,252.68 per year. Discussion took place.
MOTION #26-2023
Superviser Bartlett moved to approve to contract with Ralph Green Jr. to replace the existing lighting fixtures on Howell Drive. This would update existing lights with LED bulbs at the price of $4,406.34 as presented on the proposal, seconded by Councilman Prosser.
Ayes All
Supervisor Bartlett ask Mr. Green to put together a cost proposal to replace the 38 street lights on NYS Rte 3.
Chad Green, representing the 1812 Sports & Entertainment Group. Mr. Green presented the Board with a summary of events the organization has scheduled. These events bring in many people to the area. They host annual youth tournaments, camps & events. He is here to ask for bed tax money to help fund the events this year. The funds help keep the event affordable for families traveling to the area for the event. These events will bring many people to the area that will in turn benefit local businesses. They are requesting a grant of $7,500.00 this year. Presently they hold most of the events at the YMCA and IHC School. There are fixed costs involved to use these locations as well as to hire officiants for the events.
Discussion took place; Supervisor Bartlett told Mr. Green he would look at the budget and see what the town would be able to give to the organization this year. He will bring a figure to the next board meeting. He will initiate a meeting with representatives from the future event center and Mr. Green’s organization for future events.
Ted Clement, Town Highway Supervisor approached the Board. He explained he is having problems with the current Master Meter meters installed in the town’s water districts. He suggested to the Board switching the meters to Neptune meters. There are presently over 100 meters not working. He has done some research on these meters. They are easier to get and more reliable. Many of the other towns are using these meters. He asked the Board to consider using these meters in the new districts as well as changing over the Master Meters as they need replacing. He asked if the Board would approve the purchase 100 meter now as well as the software that goes with the system.
The Board agreed to the purchase of 100 meters to replace the broken meters we now have. He asked Mr. Scordo to include the cost of Neptune meters for the Water #7 NE Water District.
Mr. Clement presented the Board with a possible alternative to the preprinted landfill bags. He showed the Board an example of a prenumbered sticker along with a price comparison to bags we are now using. He thought it would save the town money and make it easier for the attendant and town residents.
Supervisor Bartlett is opposed to stickers; he feels it is too easy to misuse the stickers if you get someone at the transfer site who might use them to steal funds. The Board agreed to keep things the way they are for now, and to enforce the use of the preprinted clear bags. Absolutely no black bags. Signs have posted at the transfer station stating this.
Mr. Clement also explained the need for the highway department to have a bucket truck. After the recent storms the need has been increased to remove unsafe and fallen trees. He asked the Board to consider the purchase of one. He has found a used 2015 truck for $75,000. A new truck could cost the town $240,000.
Supervisor Bartlett said he didn’t think there was a way to bond for used vehicles, or if there are finances to purchase one this year. He will check into it.
No one else wished to speak; the floor was closed.
Supervisor Bartlett accepted the Town Clerk’s Report.
MOTIONS/RESOLUTIONS
MOTION #27-2024
WHEREAS the Town of Watertown contracts with the Town of Watertown Ambulance LLC to provide ambulance service to town residents in times of need: and
WHEREAS, the current contract with the Town of Watertown Ambulance expired on December 31, 2023 and is in need of reauthorization on a yearly basis for 2024.
WHEREAS, funds were approved for appropriation for renewal of said contractual agreement within the 2024 Town Budget.
THEREFORE, BE IT RESOLVED, the Supervisor is hereby authorized to execute said fee for the service agreement between the Town of Watertown and the Town of Watertown Ambulance Service under the terms and conditions outlined within the agreement for the contracted price of $130,000.00
Supervisor Bartlett moved the foregoing resolution, seconded by Councilman Prosser.
Joel R. Bartlett, Supervisor yes
David D. Prosser yes
Joanne McClusky yes
Timothy McAtee absent
Michael Perkins yes
MOTION #28-2024
WHEREAS, the Town of Watertown owns title to approximately 49 + or – acres bordering the new Alexander Drive located off N.Y.S. Rt. 3 in the Town of Watertown to be leased to the Oakview Group and MS2 Sports for the construction of a 520,000 square foot sports and event center complex; and
WHEREAS an additional 15 + or – acres currently located on adjacent property and within the Town of Hounsfield is required to construct several outdoor soccer/lacrosse and baseball fields as a component of the overall project development; and
WHEREAS it is necessary for the Town to have title ownership to the 15 +or – acres for the property to be available for lease to the developers as a means to meet revenue projections to pay for the project’s construction; and
WHEREAS, the cost to purchase said parcel for Town ownership from the current owner is $110,000.00 which is a below market value purchase price; and
WHEREAS acquiring this parcel is a vital component of the overall property necessary to meet the needs and demands of the developing partnership and in the best interest of the Town of Watertown as it provides an option for the Town to lease the total acreage needed for the project or transfer ownership of said property to the 1000 Islands LDC for lease from the LDC; and
WHEREAS, funds are available within the unappropriated fund balance account contained within the Fiscal Year 2024 Budget as adopted.
THEREFORE, BE IT RESOLVED, the purchase of parcel No. located on the western
margin of Alexander Drive currently in the Town of Hounsfield totaling approximately 15+ or -acres, is hereby approved; and
BE IT FURTHER RESOLVED, the Supervisor is hereby authorized to execute all necessary documentation to secure the purchase, sale and transfer of title of said parcel to the Town of Watertown.
Discussion took place. Councilwoman McClusky questioned the monies involved with the purchase. She is concerned with the amount of town monies being invested in the event center project. She expressed concern that this money could be used for the bucket truck needed by the highway department.
Supervisor Bartlett said he would check into the funding to purchase the truck as well as purchasing the property. He explained to increase of the town’s assessed valuation from this project would benefit the town. He said it would bring tremendous sales tax and bed tax monies back to the town. The event center needs the additional property for outdoor fields.
The foregoing Resolution was offered by Supervisor, 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
Timothy McAtee absent
Michael Perkins yes
MOTION #29 -2024
WHEREAS, it is necessary to amend the Fiscal Year 2024 Budget as adopted to reflect the sale to the Town and transfer of title to certain property located along Alexander Drive in the Town of Hounsfield in the amount of $110,000.00
THEREFORE, BE IT RESOLVED the Supervisor is authorized to amend the Fiscal Year 2024 budget as follows:
Decrease code Increase code Amount
Unappropriated fund balance Property acquisition $110,000.00
The foregoing Resolution was offered by Supervisor Bartlett, and seconded by Councilman Posser, 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
Timothy McAtee absent
Michael Perkins yes
MOTION #30 -2024
Supervisor Bartlett presented the following resolution and moved that it be adopted:
BOND RESOLUTION DATED FEBRUARY 8, 2024 OF THE TOWN BOARD OF THE TOWN OF WATERTOWN AUTHORIZING NOT TO EXCEED $8,085,000 AGGREGATE PRINCIPAL AMOUNT OF SERIAL GENERAL OBLIGATION BONDS TO FINANCE THE CONSTRUCTION AND INSTALLATION OF A WATER DISTRIBUTION SYSTEM FOR THE NORTHEAST WATER DISTRICT (WATER DISTRICT NO. 7) AT AN ESTIMATED MAXIMUM COST OF $8,085,000, LEVY OF TAX IN ANNUAL INSTALLMENTS IN PAYMENT THEREOF, THE EXPENDITURE OF SUCH SUM FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the Town Board of the Town of Watertown (the “Town”) was asked to consider the formation of a water district in the Town to be known as the Northeast Water District (Water District No. 7) (the “Water District”), pursuant to Article 12-A of the Town Law of the State of New York; and
WHEREAS, the Town Board of the Town has caused a Map, Plan and Report dated August 12, 2021 (the “Original Report”) outlining all aspects of the proposed Water District, together with an estimate of the cost, to be prepared by GYMO Architecture, Engineering & Land Surveying, D.P.C. (“GYMO”), competent engineers duly licensed by the State of New York, pursuant to Article 12-A of the Town Law of the State of New York, and was filed with the Town Clerk for the Town on May 11, 2023; and
WHEREAS, at a meeting of the Town Board held the December 8, 2022 the Town Board reviewed the Original Report and directed the Town Clerk to publish an Order and Resolution/Notice of Public Hearing scheduling a public hearing on the proposed Water District for December 29, 2022 at 7:00 p.m. (the “Original Public Hearing”) and to publish notice of same in the official newspaper for the Town, all pursuant to Article 12-A, Section 209-d of the Town Law of the State of New York; and
WHEREAS, the notice of the Original Public Hearing was published in the official newspaper of the Town, The Watertown Daily Times, and posted on the Town bulletin board pursuant to Section 209-q of the Town Law of the State of New York; and
WHEREAS, said Original Public Hearing was held on December 29, 2022 at 7:00 p.m. and reconvened and held open through January 12, 2023, after notice, with all interested parties having been heard on the proposed Water District; and
WHEREAS, at a meeting of the Town Board held on January 12, 2023, the Town Board of approved the creation of the Water District; and
WHEREAS, an amended Map, Plan, and Report (the “Amended Report”) was prepared by GYMO outlining revised aspects of the proposed Water District, together with an estimate of the revised cost, to include additional residents who wished to be included in the proposed Water District, and was filed with the Town Clerk for the Town on May 11, 2023; and
WHEREAS, at a meeting of the Town Board held on May 11, 2023, the Town Board reviewed the Amended Report and directed the Town Clerk to publish an Order and Resolution/Notice of Public Hearing scheduling a new public hearing on the proposed Water District for June 8, 2023 at 7:00 p.m. (the “Second Public Hearing”) and to publish notice of same in the official newspaper for the Town and surrounding area, all pursuant to Article 12-A, Section 209-d of the Town Law of the State of New York; and
WHEREAS, the notice of the Second Public Hearing was published in the official newspaper of the Town, The Watertown Daily Times, and posted on the Town bulletin board pursuant to Section 209-q of the Town Law of the State of New York; and
WHEREAS, the Second Public Hearing was held on June 8, 2023 at 7:00 p.m., after notice, with all interested parties having been heard on the proposed Water District; and
WHEREAS, the Town Board by resolution duly adopted on June 8, 2023 (the “SEQRA Resolution”), as lead agency, determined that the Purpose is a “Type 1 Action” under the New York State Environmental Quality Review Act and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York and further determined that the Purpose will not have a significant effect on the environment, and that a negative declaration be issued for the Purpose; and
WHEREAS, at a meeting of the Town Board held on July 13, 2023, the Town Board adopted a resolution (the “Order”) determining that the evaluation and construction of the improvements described in the Amended Report are in the public interest and, preparatory to the solicitation of competitive bids relative to such construction, directing the Town’s Engineer to prepare definite plans and specifications and to make a careful estimate of the expense of the aforesaid improvements and, with the assistance of the Town Attorney, to prepare a proposed contract for the execution of the work; and
WHEREAS, the Town Clerk recorded a copy of the Order in the office of the County Clerk of the County of Jefferson as required under Section 195 of the Town Law; and
WHEREAS, the Order was adopted subject to permissive referendum; and
WHEREAS, notice of the adoption of the Order (the “Permissive Referendum Notice”) was published in the official newspaper of the Town, The Watertown Daily Times, and posted on the Town bulletin board pursuant to the Town Law; and
WHEREAS, no petition requesting a vote on the Order was received by the Town within thirty days of the date of the publication of the Permissive Referendum Notice; and
WHEREAS, the Town is not required to seek the consent of the New York State Department of Audit and Control, Albany, New York (the “Comptroller”), for the formation of the Water District as the average estimated cost to the typical properties or homes for the establishment of the Water District is less than the cost established by the Comptroller for 2024; and
WHEREAS, the Town Board desires to adopt this Bond Resolution to approve the Purpose and the issuance of bonds and bond anticipation notes to finance the cost of the Purpose;
NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town (by favorable vote of not less than two-thirds of all the members of the Board) 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 $8,085,000 pursuant to the Local Finance Law of New York, in order to finance the class of objects or purposes described herein.
Section 2. The class of objects or purposes (herein referred to as “Purpose”) to be financed pursuant to this Resolution is the construction and installation of a new water distribution system for the Northeast Water District (Water District No. 7), including but not limited to, the acquisition of rights in land, the acquisition of meter pits, remote read meters, service lines to the curb box, fire hydrants, and equipment, machinery or apparatus.
Section 3. It is hereby determined and declared that (a) the maximum cost of the Purpose, as estimated by the Town Board, is $8,085,000, (b) no money has heretofore been authorized to be applied to the payment of the cost of the Purpose, and (c) the Town plans to finance the cost of the Purpose from funds raised by the issuance of the Bonds and bond anticipation notes hereinafter referred to and grants received from governmental entities.
Section 4. It is hereby determined that the Purpose is one of the class of objects or purposes described in Paragraph 1 of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is forty (40) years. The proposed maturity of the Bonds authorized herein will be in excess of five (5) years.
Section 5. 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 6. 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 to affix to such Bonds and bond anticipation notes the corporate seal of the Town.
Section 7. The faith and credit of the Town of Watertown, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such Bonds and bond anticipation notes 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 obligations becoming due and payable in such year, to the extent the necessary funds are not provided from other sources. There shall be levied annually on all taxable real property in the Town, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable, to the extent the necessary funds are not provided from other sources.
Section 8. 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 9. The Purpose is authorized by article twelve-A of the Town Law and cost thereof is to be assessed upon benefited real property, and, therefore, pursuant to paragraph b(2) of Section 35 of the Local Finance Law is not subject to a permissive referendum.
Section 10. This Resolution or a summary hereof 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 11. The firm Barclay Damon LLP is hereby appointed to serve as Bond Counsel to the Town in connection with the Bonds and notes herein authorized.
Section 12. This Resolution shall take effect immediately.
The question of the adoption of the foregoing Resolution was seconded by Councilman Prosser and duly put to vote on a roll call, which resulted as follows:
Joel R. Bartlett, Supervisor yes
David D. Prosser yes
Joanne McClusky yes
Timothy McAtee absent
Michael Perkins yes
The foregoing resolution was thereupon declared duly adopted.
MOTION #31-2023
Supervisor Bartlett moved to pay the following abstracts as audited.
Utilities paid prior to the meeting
General Vouchers # 24 to 25 Total $ 13,065.69
Highway Vouchers # 14 to 14 Total $ 22,060.20
Spec. Dist. Vchrs. # 12 to 12 Total $ 4,562.73
Vouchers approved for monthly meeting
General Vouchers # 26 to 36 Total $ 4, 090.70
Highway Vouchers # 15 to 33 Total $ 20,609.51
Spec. Dist. Vchrs. # 13 to 20 Total $ 130,296.05
Councilmember Prosser seconded the motion.
Joel R. Bartlett, Supervisor yes
David D. Prosser yes
Joanne McClusky yes
Timothy McAtee absent
Michael Perkins yes
Attorney Harrienger addressed the Board concerning an email received from Dave Zembiec, JCIDA. She felt his comments misrepresented her by stating she endorsed the changes to the proposed zoning code. She wanted to make it clear that was not her role to endorse anything that is for the discretion of the Board. She is there to facilitate any changes put before them. Her personal opinion on these changes is that they could be burdensome for the town to enforce. Her job is to support, advise and protect the town.
The Board took no action on the zoning changes tonight to allow the newest Board Member, Mr. Perkins to review the proposed changes.
MOTION #32-2023
Superviser Bartlett moved to adjourn to executive session at 8:37 pm to discuss personnel issues, seconded by Councilman Prosser.
Ayes All
The meeting reconvened at 8:49 pm.
MOTION #33-2024
Councilman Prosser moved to adjourn the meeting at 8:50 pm, seconded by Supervisor Bartlett.
Ayes All
_____________________________
Pamela D. Desormo, Town Clerk