TOWN OF WATERTOWN
Town Board Monthly Meeting
Municipal Building
July 13, 2023
Members Present: Joel R. Bartlett, Supervisor
David D. Prosser, Councilman
Joanne McClusky, Councilwoman
Timothy McAtee, Councilman
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 Harrienger was also present.
MOTION #78-2023
Supervisor Bartlett moved to adopt the minutes from the June 8, 2023 meeting, Councilman Prosser seconded.
Ayes All
Supervisor Bartlett reconvened the public hearing regarding Proposed Local Law #4, Zoning Code Updates at 7:03 pm.
Dave Zembiec, JCIDA spoke, he has some concerns on the proposed zoning updates. He requested that the Town Board postpone approval of Local Law #4, amendments to the zoning code. He is asking if the Board would consider an overlay district that would enforce the existing deed covenants the JDIDA now has in that area. He is concerned with the definition of Fleet Vehicle Operations.
His letter dated July 13th 2023 will be included in the minutes.
Discussion took place; Supervisor Bartlett requested Mrs. Desormo to set up a meeting with the Town Planning Board, JCIDA, Ms. Harrienger and Tug Hill to review the proposed zoning updates. He is asking them to consider a possible overlay district, or zone change for the industrial park area to include the covenants from the JCIDA.
No one else wished to speak; the public hearing was adjourned at 7:25 pm.
MOTION #79-2023
Supervisor Bartlett moved to delay the adoption of Local Law #4 (Zoning Amendments) until the Planning Board has a chance to review Mr. Zembiec’s requests, Councilman McAtee seconded.
Ayes All
Supervisor Bartlett opened the public hearing at 7:25 pm. The public hearing is for comments on the Town’s community development needs. To discuss the possible submission of one or more CDBG applications for the 2023 program year for Water District 4, to provide further information about the CDBG program, and to allow for citizen participation in the development of any proposed grant applications and/or to provide technical assistance to develop alternate proposals.
No one else wished to speak, the floor was closed.at 7:27 pm.
Supervisor Bartlett opened the discussion concerning the SEQR review for the Target/Sam’s connector Rd. The Board reviewed and discussed the Full Environmental Assessment Form Part 2.
MOTION #80-2023
Supervisor Bartlett moved to accept the findings prepared by the town engineers, relative to Parts 2 and 3 of the Full Environmental Assessment Form pertaining to the construction of the Target/ Sam’s connection road. This road will connect NYS Route 3 to Co. Rte. 202. Furthermore, declaring the Town of Watertown Council Lead Agent for the project the purpose of SEQR, Councilman Prosser seconded.
Ayes All
Supervisor Bartlett opened the floor to the public for any other business.
Andrew Mitchell, Woodside Drive address the board. He asked where the town stood on the possibility of purchasing the latter water system. He requested a copy of the appraisal agreement from the Pomeroy firm he had some issues with some of the terms in the contract he asked the Board if he could have a few minutes to review the contract.
Supervisor Bartlett informed he has received a quote of $9,500 from an appraiser to assess the value of the water system. Mr. Lettiere has agreed to pay half of the fee for the appraisal to be done. At that time the supervisor would ask the town engineer to do a study to expand the water district to other residents in this area. From there the assessor would prepare cost estimate per property owner. At that time 51% of the customers would have to agree to the district, the decision has to be made by the property owners not the Town Board to continue with possible sale.
No one else wished to speak, the floor was closed.
Supervisor Bartlett accepted the Town Clerk’s report.
Motions/Resolutions
MOTION #81-2023
WHEREAS, the Jefferson County Agricultural Society is producing the 2023 Jefferson County Fair, the oldest continuously operating fair in the nation; and
WHEREAS, a request of grant funds has been requested to underwrite promotional expenses for the Jefferson County Fair; and
WHEREAS, funds are included in the fiscal year 2023 budget to support the fair boards efforts;
THEREFORE, BE IT RESOLVED, the Town of Watertown hereby authorizes a grant of $5,000.00 to the Jefferson County Agricultural Society for the purpose of underwriting promotional expenses for the Fair’s 2023 production.
A motion to adopt the forgoing resolution was offered by Supervisor Bartlett, seconded by Councilman McAtee.
Ayes All
MOTION #82-2023
WHEREAS, Jefferson County and the Town of Watertown participate in a shared services agreement which has expired on December 31, 2022 and which is renewable for 5 year period to include the terms and conditions (on file) for sharing services and renumerating the Town of the services the town provides maintaining County roads, bridges and County highways; and
WHEREAS, the terms and conditions of the new 5 year agreement provide for certain cost increases incurred by the Town to provide the stated services.
THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Watertown and on behalf of the Town, be and hereby is authorized to execute said service and maintenance agreement between the Town of Watertown and Jefferson County for the period commencing January 1, 2023 and expiring December 31, 2027.
The foregoing Resolution was offered by Supervisor Bartlett, and seconded by Board Member McClusky, and upon roll call vote of the Board was duly adopted as follows:
Supervisor Joel R. Bartlett Yes __X__ No _____
Paul V. Desormo Absent
David D. Prosser Yes __X__ No _____
Joanne McClusky Yes __X__ No _____
Timothy McAtee Yes __X___ No _____
MOTION #83-2023
WHEREAS, Municipal Solutions of Leroy NY provides financial services under a fee for service agreement which has to be renewed annually; and
WHEREAS, the term of the previous agreement has expired requiring a new fee for service agreement (on file) is required.
THEREFORE, BE IT RESOLVED, the Supervisor is hereby authorized to execute the fee for service agreement between Municipal Solutions, Leroy, NY and the Town of Watertown is hereby authorized.
Supervisor Bartlett moved the foregoing resolution, seconded by Councilman Prosser.
Ayes All
MOTION #84-2023
WHEREAS, National Grid has commenced a review to determine the scale of utility services needed to include natural gas and electrical service on the remainder of Alexander Dive a Town road located off NYS Rte 3 in the Town of Watertown; and
WHEREAS, the review process includes the town obtaining a collateral assignment letter of credit from Key Bank or any other financial institution as determined by National Grid.
THEREFORE, BE IT RESOLVED, the Supervisor is herby authorized to execute any and all agreements on behalf of the Town of Watertown to secure the gas and electrical service utility placement along Alexander Drive in the Town of Watertown and to appropriate all fees associated with the review and placement of said services at a reimbursable cost not to exceed $275,000.00
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 __X__ No _____
Paul V. Desormo Absent
David D. Prosser Yes __X__ No _____
Joanne McClusky Yes __X__ No _____
Timothy McAtee Yes __X___ No _____
MOTION #85-2023
RESOLUTION 13 of 2023
APPOINTMENT OF ENFORCEMENT OFFICER
WHEREAS, the Town of Watertown has adopted an Unsafe Buildings and Structures Law (the “Law”), and such Law became effective June 8, 2023; and
WHEREAS, the Town Board desires to appoint a person to administer and enforce the Law; and
WHEREAS, the Town Board has reviewed its underlying Land Use Regulations together with the law and concludes that the individual customarily performing the functions of the Town’s Zoning Officer would be the appropriate person to administer and enforce the Law.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Watertown, New York resolves as follows:
1. The Zoning Enforcement Officer a/k/a Zoning Officer is hereby designated as the Enforcement Officer for the Law;
2. The Enforcement Officer shall familiarize herself or himself with the Law and take all steps reasonably necessary to administer and enforce the Law, including the use of the Town Engineer and/or Town Attorney to perform functions reasonably related thereto;
3. This Resolution shall take effect immediately.
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 __X__ No _____
Paul V. Desormo Absent
David D. Prosser Yes __X__ No _____
Joanne McClusky Yes __X__ No _____
Timothy McAtee Yes __X___ No _____
MOTION #86-2023
WHEREAS, the State of New York is the owner of a parcel of property located on Swan Road and known as Dry Hill Correctional Facility consisting of 65 +/- acres herein referred to as the property; and
WHEREAS, the State has offered to convey its rights, title and interest in the property as depicted on attached OSG Map 2483 to the Town of Watertown pursuant to Chapter 34 of the Public Lands Law for street, highway or utility related purposes; and
WHEREAS, the Town hereby certifies that the property be conveyed is useful to the Town of Watertown for street, highway and utility related purposes and that the Town will properly improve or maintain the property for such purposes to the Town of Watertown.
NOW, THEREFORE, BE IT RESOLVED, the Supervisor of the Town of Watertown is authorized to make application to the Office of General Services for the conveyance and execute any and all documents necessary to officiate the transfer of title of property as described on the attached OSG Map Number 2843.
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 __X__ No _____
Paul V. Desormo Absent
David D. Prosser Yes __X__ No _____
Joanne McClusky Yes __X__ No _____
Timothy McAtee Yes __X___ No _____
MOTION #87-2023
RESOLUTION 14 of 2023 OF THE TOWN BOARD
OF THE TOWN OF WATERTOWN
PURSUANT TO NY TOWN LAW §209-e
WHEREAS, by Order of this Board a public hearing was scheduled to consider the formation of Northeastern Water District (Water District No. 7) within the Town of Watertown, pursuant to a certain Amended Map, Plan, and Report filed with the Town Clerk and which is incorporated by reference; and
WHEREAS, the Order scheduling the public hearing was duly posted, uploaded to the Town’s website and published as required by law and the public hearing was opened to consider all persons interested in the formation of Water District No. 7; and
WHEREAS, the Town Board also wrote residents seeking additional input associated with the proposed District formation; and
WHEREAS, the Town Board learned during the public hearings that strong support exists for the Water District; and
WHEREAS, the Engineer for the Town of Watertown has estimated the total project cost to be $8,085,000.00 and has recommended the Town proceed in efforts to provide abundant potable water to residents and safeguard the environment; and
WHEREAS, it is anticipated that a substantial part of the total project cost will be paid by various grants and/or low interest loans(s) all as specified in the filed Amended Map, Plan, and Report.
NOW THEREFORE, on motion duly made and seconded, this Board makes the following determinations, and
IT IS HEREBY RESOLVED:
1. The above recitations are incorporated herein.
2. The original Notice of Public Hearing and a second Notice of Public Hearing were duly published and posted as required by law. The Public Hearing was conducted, along with additional public outreach and substantial compliance has been met and notice/input is otherwise sufficient.
3. The Water District shall be created to include the one hundred sixty-six (166) parcels, identified in the Map, Plan, and Report.
4. All property and property owners benefited by the proposed Water District are included within the limits of the proposed District.
5. All of the property owners and all of the property located within the proposed Water District are benefited thereby.
6. All specifics of Northeastern Water District (Water District No. 7) pursuant to the Amended Map, Plan, and Report is/are on file in the office of the Town Clerk, and upon which the public hearing was held in compliance with applicable law and public input confirm the District formation is in the public interest.
7. The creation of the boundaries of the Water District to include all parcels as described in the Amended Map, Plan, and Report and providing for the service as described therein is hereby approved.
8. The maximum amount which may be expended for the public improvements within the Water District is hereby established as $8,085,000.00 for the project and it is in the public interest to authorize and establish the Water District accordingly.
9. There shall be no individual cost for hook-up fees during construction of the Project, and the estimated costs to a typical property annually (EDU) is anticipated to be $911.00.
This Resolution is adopted as required by NY Town Laws §209-e and is subject to a Permissive Referendum.
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 __X__ No _____
Paul V. Desormo Absent
David D. Prosser Yes __X__ No _____
Joanne McClusky Yes __X__ No _____
Timothy McAtee Yes __X___ No _____
MOTION #88-2023
RESOLUTION 15 of 2023
APPOINTMENT OF ENFORCEMENT OFFICER
WHEREAS, the Town of Watertown has adopted a Local Law regarding the Prohibition of Clutter, Litter, and Debris (the “Law”), and such Law became effective June 8, 2023; and
WHEREAS, the Town Board desires to appoint a person to administer and enforce the Law; and
WHEREAS, the Town Board has reviewed its underlying Land Use Regulations together with the law and concludes that the individual customarily performing the functions of the Town’s Zoning Officer would be the appropriate person to administer and enforce the Law.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Watertown, New York resolves as follows:
1. The Zoning Enforcement Officer a/k/a Zoning Officer is hereby designated as the Enforcement Officer for the Law;
2. The Enforcement Officer shall familiarize herself or himself with the Law and take all steps reasonably necessary to administer and enforce the Law, including the use of the Town Engineer and/or Town Attorney to perform functions reasonably related thereto;
3. This Resolution shall take effect immediately.
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 __X__ No _____
Paul V. Desormo Absent
David D. Prosser Yes __X__ No _____
Joanne McClusky Yes __X__ No _____
Timothy McAtee Yes __X___ No _____
MOTION #89-2023
RESOLUTION 16 of 2023
NEGATIVE DECLARATION (SEQR) FOR
TARGET/SAM’S CLUB CONNECTOR ROAD PROJECT
WHEREAS, the Town Board for the Town of Watertown, New York has considered the creation of a connector road between Target and Sam’s Club in the Town of Watertown; and
WHEREAS, the Town Board of the Town of Watertown has reviewed a Long Form Environmental Assessment Form Part 1, 2, and 3 for the purpose of assisting the Town Board in making a determination of significance in respect to whether the Project would have a significant adverse impact on the environment; and
WHEREAS, the Town has reviewed the criteria for determining significance of an action that is set forth at 6 NYCRR §617.7(c); and
WHEREAS, having considered the action consisting of the creation of a connector road between Target and Sam’s Club and the potential environmental impacts associated with such action, the Town Board has determined to proceed.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Watertown finds that the proposed action is subject to SEQR; and
BE IT FURTHER RESOLVED, that the action constitutes a Type 1 action under SEQR 617.4(b)(6); and
BE IT FURTHER RESOLVED, that the Town Board is the agency with jurisdiction by law to fund, approve, or directly undertake this action, and has received approval from other involved agencies to serve as lead agent for coordinated review of the action under SEQR and/or the 30-day period in which to object has passed.
BE IT FURTHER RESOLVED, by the Town Board of the Town of Watertown, New York:
1. Based upon the examination and consideration of the Long Environmental Assessment Form and comparison of the proposed action and criteria set forth at 617.7, no significant adverse impact on the environment is known by Target/Sam’s Club Connector Road Project.
2. The Supervisor for the Town of Watertown is authorized to execute the Long Environmental Assessment Form to the effect that the Town Board is issuing a “negative declaration” under SEQR.
3. The Town Clerk is hereby directed to file and circulate Part 3 in accordance with the requirements for a Type I action of the Long Environmental Assessment Form.
4. A complete copy of the EAF including its negative declaration shall be maintained in the Town Clerk’s office in a file that will be readily accessible to the Public. Further, the Town Clerk is hereby authorized to publish a notice to that effect in the Environmental Notice Bulletin. All subsequent notices regarding the undertaking of the project as set forth in this report shall state that a negative declaration has been issued.
5. This Resolution shall take effect immediately.
The foregoing Resolution was offered by Supervisor Bartlett, and seconded by Councilman Member McAtee, and upon roll call vote of the Board was duly adopted as follows:
Supervisor Joel R. Bartlett Yes __X__ No _____
Paul V. Desormo Absent
David D. Prosser Yes __X__ No _____
Joanne McClusky Yes __X__ No _____
Timothy McAtee Yes __X___ No _____
MOTION #90-2023
RESOLUTION 17 of 2023
LEASE AGREEMENT WITH
NEW CINGULAR WIRELESS PCS, LLC
WHEREAS, the Town Board of the Town of Watertown, New York has considered a Lease Agreement with New Cingular Wireless PCS, LLC (the “Company”) which would allow the Company to use a portion of land owned by the Town for limited Wireless Telecommunications purposes; and
WHEREAS, the Town Board of the Town of Watertown has reviewed the proposed Lease Agreement and finds it to be in the interest of the Town to enter into said Agreement; and
WHEREAS, the Town attorneys have reviewed the Agreement and have approved the same as to form; and
WHEREAS, the Town Board has determined to proceed.
NOW, THEREFORE, on motion duly made and seconded, this Board made thee following determinations, and it is hereby Resolved:
1. The forgoing recitations are incorporated herein and made a part hereof as if set forth hereafter.
2. The Supervisor for the Town of Watertown is authorized to execute the Lease Agreement with the Company on behalf of the Town.
3. The Town Supervisor, Town Clerk, and Town Attorneys their respective agents and employees are authorized to sign all documents and take all steps necessary to complete the application process.
4. This Resolution shall take effect immediately.
The foregoing Resolution was offered by Supervisor Bartlett, and seconded by Councilman Member Prosser, and upon roll call vote of the Board was duly adopted as follows:
Supervisor Joel R. Bartlett Yes __X__ No _____
Paul V. Desormo Absent
David D. Prosser Yes __X__ No _____
Joanne McClusky Yes __X__ No _____
Timothy McAtee Yes __X___ No _____
Supervisor Bartlett open the floor back up to the public;
Mr. Mitchell, Woodside Dr. addressed the Board. He discussed his concerns with the appraisal contract with the Town and Mr. Lettiere. He stated the contract said it was an abbreviated appraisal and wanted to make sure the Town and Mr. Lettiere was aware and OK with that. A detailed appraisal would be at an additional cost.
Discussion took place.
The Supervisor stated that if the Town or Mr. Lettiere are not satisfied with the appraisal the sale of the district would not happen.
MOTION #91-2023
Supervisor Bartlett moved to authorize the Supervisor to execute said appraisal agreement with Pomeroy Firm for the contracted price of $9,500 for which the town is responsible for ½ of the fee, Councilman McAtee seconded.
Ayes All
Discussion took place concerning the BlueScope Construction contract for the water and sewer project at the TI AG Park. The Board or the town legal has not had time to review the contract. Attorney Harrienger advised the contract should be reviewed prior to signing.
MOTION #92-2023
Supervisor Bartlett moved to authorize the Supervisor to sign and execute said contract with BlueScope Construction for the water and sewer project at the TI AG Park subject to and contingent on prior review by town legal, Councilman McAtee seconded.
Ayes All
MOTION #93-2023
Supervisor Bartlett moved to pay the following abstracts as audited.
Utilities paid prior to the meeting
General Vouchers # 128 to 130 Total $ 8,284.82
Highway Vouchers # 114 to 114 Total $ 20,290.68
Spec. Dist. Vchrs. # 77 to 77 Total $ 4,297.95
Vouchers approved for monthly meeting
General Vouchers # 131 to 148 Total $ 17,932.81
Highway Vouchers # 115 to 132 Total $ 9,524.47
Spec. Dist. Vchrs. # 78 to 85 Total $ 111,546.77
Supervisor Bartlett moved the foregoing resolution, seconded by Councilman Prosser, and upon roll call vote of the Board was duly adopted as follows:
Joel R. Bartlett, Supervisor yes
Paul V. Desormo absent
David D. Prosser yes
Joanne McClusky yes
Timothy McAtee yes
MOTION #94-2023
Councilman Prosser moved to adjourn the meeting at 8:33 pm, seconded by Councilman McAtee.
Ayes All
_____________________________
Pamela D. Desormo, Town Clerk