TOWN OF WATERTOWN
Regular Meeting
Municipal Building
June 13, 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 #66-2024
Supervisor Bartlett moved to adopt the minutes from the May 15th, 2024 Rescheduled Board Meeting, Councilman Prosser seconded.
Ayes All
Supervisor Bartlett said no action would be taken tonight on the possible purchase of the Lettiere Tract water system. The Town will schedule meetings with the residents in the area to explain the map, plan & reports. The residents will have the option to sign a petition in favor of the purchase after the information of cost is explained. 50% of the property owners will need to sign the petition to create a new district. The district will be owned and financed by the residents and maintained by the town.
Mike Altiere, BCA approached the Board. He updated the Board on the status of the water and sewer projects in the town.
• Water #1 NYS Rte 12F- He has the easement from National Grid. He will notify the contractor that they can continue with the project. The project looks like it will come in under budget.
• Water #1 TI AgPark- Waiting for the contractor to return to drill under the roads. Mr. Altiere will be meeting with them tomorrow and he expects to have the job start back up next week.
• Northland Estates, Water #4 Extension water project. Getting good feedback from neighboring property owner for easements. Could possibly get grants to include sewer after the water project is complete.
• Sewer District #1 Improvement Project (Lettiere Tract) – The City of Watertown consent order precludes the Town from diverting the town sewer to the city treatment plant. BCA is working with new technology to upgrade what is there now to take on additional flows. They are applying for grants to aid with the cost.
Discussion took place concerning the possibility of diverting Sewer 4, 5 & 6 to the Lettiere Tract sewage treatment plant and to disconnect from the City system.
Supervisor Bartlett opened the public hearing concerning Proposed Local Law #2 of 2024 an updated to the Zoning Code at 7:32 pm. No one wished to speak; the floor was closed at 7:34 pm.
No action was taken on the update to the Zoning Code at tonight’s meeting.
Supervisor Bartlett opened the floor for public comment:
Tamara Robinson, Woodside Drive, inquired how the residents of Lettiere Tract would be notified of meetings concerning the water district. She also asked if there were any government grant monies available for the project.
Supervisor Bartlett responded that the residents will be notified by mail. Unfortunately the income levels are too high in that area to receive grants for the project.
Bill Pfaff, NYS Rte 232, inquired if Northland Estates would be hooking on to the public sewer system. He is concerned that with the installation of the public water system the existing sewer system will overflow onto his property.
Supervisor Bartlett responded that after the water district is installed the town will check into grants to extent the sewer to the park.
MOTION #67-2024
Superviser Bartlett moved to adjourn to executive session at 7:45 pm to discuss the possible replacement of the vacant council seat, seconded by Councilman Prosser.
Ayes All
The meeting reconvened at 8:08 pm.
Supervisor Bartlett accepted the Town Clerk’s Report.
MOTIONS/RESOLUTIONS
MOTION #68-2024
WHEREAS, the Town of Watertown Town Council published a legal notice in the official newspaper the town requesting letters of interest from any town resident wishing to be appointed to a current vacant seat on the Town of Watertown Council; and
WHEREAS, letters of interest in the appointment were received up until 3:00 pm, Thursday, June 13, 2024, and following a review of the letters submitted by the applicants; and by a majority vote of this Board, Robert J. Slye who resides at 18406 Hickory Lane is appointed to fill said vacancy for the period commencing June 13th, 2024 until January 1, 2025; and
BE IT FURTHER RESOLVED that Mr. Slye shall appear on the Nov 5, 2024 election ballot as a candidate for election to fill the remainder of the vacant members term of office
A motion to adopt the foregoing resolution was offered by Supervisor Bartlett and seconded by Councilmember Prosser, and upon a roll call vote was adopted as follows:
Supervisor: Joel Bartlett Yes
Councilman: David Prosser Yes
Councilwoman: Joanne McClusky Yes
Councilman: Michael Perkins Yes
Supervisor Bartlett asked Mr. Syle to stop into the Clerk’s Office to perform the Oath of Office.
MOTION #69-2024
Resolution #5 of 2024
Attorney for Legal Services
WHEREAS, the Town Board is responsible for performing governmental functions as authorized by the NYS Constitution and applicable laws which may, from time to time, include the use of attorneys to achieve those ends; and
WHEREAS, the Law Office currently providing services will cease to exist as of June 15, 2024, while the individual attorneys who provide municipal services practice in a newly named Law Office and the same location; and
WHEREAS, the Town Board is authorized to retain attorneys upon such terms as it deems appropriate in pursuit of, and to accomplish, those objectives and desires to do so.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Watertown, New York hereby
1. Retains Kendall, Harrienger & Burrows to provide legal services for, and on behalf of, the Town of Watertown and to serve as its attorneys effective June 17, 2024.
2. The attorneys are hereby authorized to obtain the Town’s files, electronic and otherwise, from the current attorneys and to take steps as would be necessary to represent the Town’s interests.
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 Bartlett Yes
David Prosser Yes
Joanne McClusky Yes
Michael Perkins Yes
MOTION #70-2024
Resolution #6 of 2024
Supervisor Bartlett presented the following resolution and moved that it be adopted:
BOND RESOLUTION DATED JUNE 13, 2024 OF THE TOWN BOARD OF THE TOWN OF WATERTOWN AUTHORIZING NOT TO EXCEED $10,000,000 AGGREGATE PRINCIPAL AMOUNT OF SERIAL GENERAL OBLIGATION BONDS TO FINANCE THE CONSTRUCTION OF AN EXTENSION FOR WATER DISTRICT NO. 4, AT AN ESTIMATED MAXIMUM COST OF $10,000,000, 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 extension of a water district in the Town to be known as the Water District No. 4 Extension, 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 (the “Report”) outlining all aspects of the proposed extension of Water District No. 4 (the “Water District Extension”), together with an estimate of the cost, to be prepared by Bernier, Carr & Associates, Engineers, Architects and Land Surveyors, P.C., Michael D. Altieri, a duly licensed by the State of New York, pursuant to Article 12-A of the Town Law of the State of New York, which Report was filed with the Town Clerk for the Town; and
WHEREAS, at a meeting of the Town Board held on August 11, 2022 the Town Board reviewed the Report and directed the Town Clerk to publish an Order and Resolution scheduling a public hearing on the proposed Water District Extension for September 8, 2022 at 7:00 p.m. (the “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 Public Hearing was published in the official newspaper of the Town, 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 Public Hearing was held on September 8, 2022 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 September 8, 2022 (the “SEQRA Resolution”), as lead agency, determined that the Water District Extension 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 Water District Extension will not have a significant effect on the environment, and that a negative declaration be issued for the Water District Extension; and
WHEREAS, the Town Board by order duly adopted on September 8, 2022 (the “Order”) approved the Water District No. 4 Extension within the Town of Watertown as described in the Report, the boundaries of which shall be as described on Schedule “A” attached to the Order; 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 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 Board by order duly adopted on December 28, 2023 (the “Final Order”) determined the Water District No. 4 Extension is established and/or formed consistent with the Report and official proceedings conducted herein in accordance with New York Town Law and authorized the Town Supervisor, Town Clerk, Town Engineers, and Town Attorneys, their respective agents and employees to sign all documents and take all steps necessary to complete the Water District No. 4 Extension; 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 Extension as the average estimated cost to the typical properties or homes for the establishment of the Water District Extension is less than the cost established by the Comptroller for 2024; and
WHEREAS, the Town Board of the Town adopted a bond resolution on August 11, 2022 (the “Original Bond Resolution”) approving the issuance of obligations to finance the cost of the Purpose (defined herein); and
WHEREAS, the Original Bond Resolution was adopted prior to the adoption of the final order of the Town, therefore, was not in compliance with the Town Law of the State of New York; and
WHEREAS, the Town Board desires to rescind the Original Bond Resolution and adopt this Resolution to approve the Purpose and the issuance of bonds and bond anticipation notes to finance the cost of the Purpose;
NOW THEREFOR BE IT RESOLVED BY THIS TOWN BOARD AS FOLLOWS:
Section 1. The Original Bond Resolution is hereby rescinded except with respect to Section 10 thereof whereby the Town Board declared its “official intent” within the meaning of Section 1.150-2 of the Treasury Regulations.
Section 2. The Town is hereby authorized to construct the improvements for the Water District Extension, including transmission lines, appurtenances and lateral connections to transport water from the City of Watertown to the property to be improved within the Water District Extension, including the acquisition of equipment, machinery or apparatus and costs incidental thereto, all of which in the interest of the residents of the Town of Watertown.
Section 3. The Town is hereby authorized to issue its serial general obligation bonds (the “Bonds”) in the aggregate principal amount of not to exceed $10,000,000 pursuant to the Local Finance Law of New York, in order to finance the class of objects or purposes described herein.
Section 4. The class of objects or purposes to be financed pursuant to this Resolution (the “Purpose”) is the construction of the improvements for the Water District Extension, including transmission lines, appurtenances and lateral connections to transport water from the City of Watertown to the property to be improved within the Water District Extension, including the acquisition of equipment, machinery or apparatus and costs incidental thereto, all of which in the interest of the residents of the Town of Watertown.
Section 5. It is hereby determined and declared that (a) the maximum cost of the Purpose, as estimated by the Town Board, is $10,000,000, (b) other than pursuant to the Original Bond Resolution rescinded pursuant to the provisions of this Resolution, 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 for which the Town and the Purpose are eligible.
Section 6. It is hereby determined that said Purpose is an object or purpose described in subdivision 4 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said Purpose is 40 years. The proposed maturity of the Bonds authorized herein will be in excess of five (5) years.
Section 7. 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 8. 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 9. 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 10. Pursuant to the Original Bond Resolution, the Town declared its “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 authorized therein and herein. The Town shall not reimburse itself from the proceeds of the Bonds or notes for any expenditure paid more than sixty days prior to the date of the Original Bond Resolution, unless specifically authorized by Section 1.150-2 of the Treasury Regulations.
Section 11. In connection with the financing of the Purpose, the Town is hereby authorized to participate in the Clean Water State Revolving Fund program (the “CWSRF Program”) and the Water Infrastructure Improvements Act (WIIA) program administered by the New York State Environmental Facilities Corporation, and/or other grant programs for which the Town and the Purpose are eligible. The Supervisor of the Town is hereby authorized to execute and deliver such documents as may be necessary to effect the participation of the Town in such CWSRF Program, WIIA Program and/or other grant programs for which the Town and the Purpose are eligible.
Section 12. This Resolution is not subject to a permissive referendum pursuant to Section 35.00 of the Local Finance Law and shall take effect immediately.
Section 13. 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 14. The law firm of Barclay Damon, LLP is hereby appointed as bond counsel in connection with any Bonds and bond anticipation notes issued to finance the Purpose.
The Motion having been duly seconded by Councilman Prosser, it was adopted and the following votes were cast:
Joel R. Bartlett, Supervisor Yes
David D. Prosser Yes
Joanne McClusky Yes
Michael Perkins Yes
The foregoing resolution was thereupon declared duly adopted.
MOTION #71 -2024
Supervisor Bartlett moved for the Town Board to execute the contract with Grand Slam Safety to provide permanent pickelball netting on the courts behind the Municipal Building. Cost of the contract will be for $8,170, seconded by Councilman Prosser.
Supervisor Joel R. Bartlett Yes
David D. Prosser Yes
Joanne McClusky Yes
Michael Perkins Yes
MOTION #72-2024
Supervisor Bartlett moved to pay the following abstracts as audited.
Utilities paid prior to the meeting
General Vouchers # 107 to 108 Total $ 7,950.40
Highway Vouchers # 90 to 90 Total $ 22,688.88
Spec. Dist. Vchrs. # 65 to 65 Total $ 3,654.39
Vouchers approved for monthly meeting
General Vouchers # 109 to 127 Total $ 96,857.56
Highway Vouchers # 91 to 103 Total $ 36,366.28
Spec. Dist. Vchrs. # 66 to 79 Total $ 238,112.81
Councilmember Prosser seconded the motion.
Joel R. Bartlett, Supervisor Yes
David D. Prosser Yes
Joanne McClusky Yes
Michael Perkins Yes
Supervisor Bartlett inquired of Highway Superintendent Clement about the status of the bucket truck.
Superintendent Clement said they should be set to take possession of the truck as soon as the agreement and payment is made. He has received pictures of the truck showing all the scratched and dings.
Supervisor Bartlett will have the resolution ready for the July meeting.
The two new plow trucks have been put on delay. Some of the chips needed for the trucks are on back order. The delivery date has been pushed back to sometime next winter.
MOTION #73-2024
Councilman Prosser moved to adjourn the meeting at 8:26 pm, seconded by Supervisor Bartlett.
Ayes All
_____________________________
Pamela D. Desormo, Town Clerk