November 14, 2016 Page 1 of 7 There was a regular meeting of the Board of Trustees of the Village of Clayton on Monday, November 14, 2016, at 6:30 p.m. in the Municipal Building. ABSENT: OTHERS: Terry Jones, DPW Superintendent Kevin Patenaude, Police Chief Attorney Joe Russell Community Residents: See sign-in sheet (on file in Clerk s office) Pledge of Allegiance/Call to Order: Mayor Norma Zimmer led the Pledge of Allegiance and opened the meeting at 6:30 p.m. Police Report: Chief Patenaude presented in Activity Report: DPW Report: Superintendent Jones presented the Activity Report and the following: TENCO donation letter. MOTION by Trustee Forger, 2 nd by Trustee Randazzo to accept the equipment and send a letter, the motion was carried. The Christmas tree is up and decorated and will be ready for the tree lighting service, it was donated by Mike Simpson and the Clipper Inn Special mention, Lance Peterson who had painted downtown, cut out all the old Christmas lights down W/WW: W/WW Manager Overstrom was absent Treasurer Report: Relevy Unpaid Taxes Certification of Unpaid Taxes: The Board reviewed the list of unpaid taxes for 2016. Trustee Sherboneau presented a MOTION to approve returning the unpaid taxes to Jefferson County for collection, in the sum of $37,718.42. Trustee Buker seconded; the motion was carried. This represents an 8% decrease compared to 2015 unpaid taxes. Consent Agenda Items: MOTION by Trustee Randazzo, seconded by Trustee Forger, to approve the Consent Agenda as follows: Meeting Minutes 10/24/16 Payroll: o #12 (Week #45) -10/20/16-11/02/16 for $65,798.67 (includes $130.24 fee) o #11(Week #43) 10/06/16 to 10/19/16 for $38,075.12 (includes $170.95 fee) o correction to the previous minutes: Payroll #10-9/22/16-10/5/16 for $64,921.95 (includes $129.72 fee) Abstract #11 $64,083.54 General Fund Voucher A17-299 through A17-328 $ 49,792.16 Water Fund Voucher F17-087 through F17-093 $ 1,457.84 Sewer Fund Voucher G17-131 through G17-146 $ 12,833.54 Capital Projects: Water System Improvements Abstract #11 Voucher(s) H027-021 $55,584.83 Clayton Historic District Abstract #4 Voucher(s) H029-008 through H029-010 $10,696.75 Riverwalk 3 Abstract #12 Voucher(s) H022-026 through H026-027 $10,674.58 Municipal Property Usage: o o Annual Christmas Parade/Fireworks Display 12/3/16 6:00 pm, and bandstand use Thursday Mahjong group, continue Thursdays approximately noon 4:00 throughout the winter, and into Spring 2017
November 14, 2016 Page 2 of 7 o Bass Tournaments Frink Park Docks 2017: July 8-12, July 22, July 27-29, Aug. 18-19, Sept. 9-10, The motion was carried. Clerk Report: Clerk Gaeta presented the Activity Report and the following: North Country Public Radio in kind letter Complete Payroll ACA Tax Reporting Waiver Clayton Historic District Improvement Project: Mayor Zimmer asked attorney Joe Russell to speak: o Joe Russell reviewed the SEQR known as Resolution #2016-11 as follows: RESOLUTION #2016-11 OF THE BOARD OF TRUSTEES OF THE VILLAGE OF CLAYTON At a regular meeting of the Village Board of the Village of Clayton, held at the Village offices, 425 Mary Street, Clayton, New York, on November 14, 2016, at 6:30 p.m. there were: ABSENT: NONE WHEREAS, Local Law No. 2 of the Year 2016, titled Historic District Utility Installation Law, was duly introduced by a member of this Board at a regularly scheduled meeting thereof held on Nov 14, 2016, and a motion was duly adopted scheduling a public hearing for October 24, 2016, at 7:00 p.m., and WHEREAS, the adoption of Local Law #2 of the Year 2016 is a Type 1 action pursuant to the New York State Environmental Quality Review Act, and the regulations promulgated thereunder ( SEQR ) and this Board is the only Agency involved in the adoption of Local Law #2 of the Year 2016, and WHEREAS, this Board has caused to be prepared a full Environmental Assessment Form in connection with Local Law #2 of the Year 2016, and has thorough reviewed the Environmental Assessment Form to determine whether the project will have a significant effect on the environment, and WHEREAS, pursuant to Article VIII of the Environmental Conservation Law and the regulations adopted pursuant thereto by the Department of Environmental Conservation, to wit: 6 NYCRR Part 617, this Board has determined that the action will not have a significant effect on the environment, will not cause a significant impact on the environment, and therefore, the preparation of an environmental impact statement is not required. NOW, THEREFORE, be it resolved by the Board of Trustees of the Village of Clayton as follows: 1. Based upon the examination of the Full Environmental Assessment Form and the criteria set forth in 6 NYCRR Part 617, this Board makes the following findings: A. The adoption of Local Law #2 of the Year 2016 constitutes a Type I action pursuant to 6 NYCRR Part 617, and this Board is the only involved Agency in connection therewith. Therefore, a coordinated review is not required. B. No potentially significant adverse impacts on the environment are noted on the EAF, none are known to this Board. C. There will be no substantial adverse change in existing air or water quality. D. There will be no hazard created to human health. E. There will be no substantial change in the use or the intensity of the use on the land.
November 14, 2016 Page 3 of 7 F. There will not be created a material conflict with the community s current plans or goals as officially adopted. G. None of the criteria listed in 6 NYCRR Section 617.11 will be present in connection with the adoption or implementation of Local Law #2 of the Year 2016, and no similar criteria will be present which will adversely impact on the environment. 2. This Board hereby adopts the negative declaration set forth as Part 3 of the full Environmental Assessment Form and the reasons supporting the determination contained therein, and authorizes the Mayor to sign Part 3 of the full Environmental Assessment Form constituting the Negative Declaration, cause the same to be filed with the Village Clerk and published in the Environmental Notice Bulletin. 3. All subsequent notices concerning the adoption of Local Law #2 of the Year 2016 shall note that this board has issued a Negative Declaration. 4. This Resolution shall take effect immediately. The foregoing Resolution was offered by Trustee Randazzo and seconded by Trustee Forger and upon a roll call vote of the Board of Trustees was duly adopted as follows: Mayor Zimmer Trustee Buker Trustee Forger Trustee Randazzo Trustee Sherboneau RESOLUTION 2016-12 TO ADOPT LOCAL LAW NO. 2 OF THE YEAR 2016 OF THE VILLAGE OF CLAYTON MOTION by Trustee Randazzo, 2 nd by Trustee Forger to introduce the Resolution. At a regular meeting of the Village Board of the Village of Clayton, held at the Village offices, 425 Mary Street, Clayton, New York, on November 14, 2016, at 6:30 p.m. there were: ABSENT: NONE WHEREAS, Local Law No. 2 of the Year 2016, a Local Law to regulate the installation of underground utility lines within the Historic District of the Village of Clayton, was duly introduced by a member of this Board at a regularly scheduled meeting thereof held on October 11, 2016, and a motion was duly adopted scheduling a public hearing for October 24, 2016, at 7:00 p.m., and WHEREAS, notice of the public hearing was duly published and posted as required by law, and on October 24, 2016 at 7:00 p.m., a public hearing was held by this board to consider Local Law No. 2 of the Year 2016, and all persons interested in the proposed local law were provided an opportunity to be heard. NOW, on Motion duly made and seconded, this Board makes the following findings and determinations:
November 14, 2016 Page 4 of 7 1. The foregoing recitations are incorporated herein and made a part hereof as if fully set forth hereafter. 2. The Note of Public Hearing was duly published and posted as required by law and is otherwise sufficient. 3. The Public Hearing held on October 24, 2016 at 7:00 p.m. was duly constituted and conducted and all persons interested in testifying in connection with Local Law No. 2 of the Year 2016 were provided an opportunity to be heard, and all written evidence submitted in connection with Law No. 2 of the Year 2016 was duly submitted and considered by this Board. 4. Local Law No. 2 of the Year 2016 requires that within the Village Historic District all utility lines as defined in the local law shall be relocated underground within 48 months of the date of the local law, and all future utility lines as defined by the local law shall be located underground. 5. The evidence presented at the public hearing establishes that the current overhead utility lines are located in such close proximity to the buildings within the Historic District as to prevent the property owners from adequately maintaining those buildings because of the implementation of New York Labor Law 202-8 commonly known as the New York State High Voltage Proximity Act. The requirements of that act prohibit the property owners from maintaining the upper portions of their buildings because of the close proximity of the overhead utility lines to those buildings. Relocating the overhead utility lines underground will resolve that issue and permit these buildings to be properly and safely maintained. 6. The evidence submitted at the public hearing further establishes that the existence of the overhead utility lines in the Historic District severely hampers the ability of firefighters to adequately contain fires within that area of the Village because of their inability to use their ladder trucks without first contacting the utility company and requesting power be interrupted to the affected portion of the Village. Such disruptions to power and communications to a significant portion of the Village s commercial district is itself a public safety hazard. In addition, the evidence establishes that the existence of the overhead utility wires is a safety hazard to first responders and firefighters most of which are volunteers. The undergrounding of the utility lines will alleviate these safety hazards and permit first responders to more safety and expeditiously handle such events. 7. The evidence at the public hearing establishes that many of the buildings located within the Historic District are listed on the New York State Historic Register, and as such, are important community assets which should be maintained for present and future generations. As previously noted, the High Voltage Proximity Act hampers the ability of the owners of these historic buildings to adequately maintain those buildings and preserve them. The undergrounding of the utility lines within the Historic District will enable the property owners to maintain these important assets for current and future generations. 8. The Historic District is comprised primarily of commercial properties including a mixture of restaurants, stores, office buildings and an opera house. In addition, the Historic District fronts on the St. Lawrence River with public docks and Frink Park which provides access to the Historic District for visitors by water. The Historic District is an important aesthetic asset of the Village of Clayton, and the unsightly overhead wires currently located within the Historic District detracts from the aesthetics. Placing the utility lines underground will drastically enhance the scenic beauty and the visual environment of this commercial portion of the Village which is frequented by tourists throughout the year. 9. The requirements of Local Law No. 2 of the Year 2016 requiring the undergrounding of utility lines within the Village of Historic District are timed to permit the utility companies to complete the undergrounding in conjunction with a planned New York State Department of Transportation Road Reconstruction Project within the Historic District. In addition, it is this Board s understanding that the New York State of Department of Transportation has or will include within their design the appropriate conduit and vault system necessary for the installation of underground utility lines. 10. This Board further takes notice that the joint Town and Village Local Waterfront Revitalization Plan ( LWRP ) that has been duly adopted by this Board and approved by the New York Department of State contemplates the undergrounding of utility lines as does the joint Town and Village Comprehensive plan, and
November 14, 2016 Page 5 of 7 therefore, the New York State Department of Transportation Road Reconstruction Project offers an ideal opportunity to comply with these provisions of the LWRP and Comprehensive Plan. 11. Based upon the foregoing and all the evidence received by the Board it is hereby determined that Local Law No. 2 of the Year 2016 is in the best interest of the residents of the Village of Clayton, is within the authority of the Village Board of the Village of Clayton pursuant to Article IX of the New York State Constitution, the New York Municipal Home Rule Law, and the New York Village Law. Therefore, Local Law No. 2 of the Year 2016 is hereby adopted, and the Town Clerk is directed to file a copy of Local Law No. 2 of the Year 2016 with the New York State Department of State as required by the provisions of the New York State Municipal Home Rule Law. 12. Local Law No. 2 of the Year 2016 shall take effect immediately upon such filing with the New York Department of Statement. The foregoing Resolution was offered by Trustee Randazzo and seconded by Trustee Forger and upon a roll call vote of the Board of Trustees was duly adopted as follows: Mayor Zimmer Trustee Buker Trustee Forger Trustee Randazzo Trustee Sherboneau Trustee Sherboneau commented of keeping Clayton current, evolving, believing in the best interest of the residents, and thinking progressively for the current residents and youth. RESOLUTION #2016-13 A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OR STATUTORY INSTALLMENT BONDS NOT EXCEEDING $5,000,000.00 FOR THE PURPOSE OF FINANCING THE VILLAGES UNDERGROUND UTILITY PROJECT. At a regular meeting of the Village Board of the Village of Clayton, Jefferson County, New York, held at 425 Mary Street in said Village, on the 14th day of November, 2016 at 6:30 p.m., prevailing time. The meeting was called to order by Mayor Zimmer and upon roll being called, the following were: ABSENT: NONE The following resolution was offered by Trustee Randazzo who moved its adoption, seconded by Trustee Forger to wit: BE IT RESOLVED, by the Village Board of the Village of Clayton, Jefferson County, New York, as follows: Section 1. For the purpose of financing the Village s underground utility project, the Village of Clayton, in the interest of its residents, hereby authorizes at a maximum cost of $5,000,000. Section 2. It is hereby determined that the period of probable usefulness of the aforesaid underground utilities is thirty (30) years; pursuant to subdivision 5 of Section 11.00 of the Local Finance Law. It is further determined that no down payment is required pursuant to Section 107(d)(3)(d) of the Local Finance Law. Section 3. The plan for the financing of such estimated cost is the issuance of serial bonds or statutory installment bonds not exceeding $5,000,000 of said Village, the same is hereby authorized to be issued therefor pursuant to the Local Finance Law, for a period in excess of five (5) years.
November 14, 2016 Page 6 of 7 Section 4. The faith and credit of the Village of Clayton, Jefferson County, New York is hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be levied taxes sufficient to pay the principal of and interest of such bonds as the same become due and payable. Section 5. All other matters, except as provided herein relating to such obligations, including determining whether to issue such obligations having substantially level or declining annual debt service and all matters related thereto, prescribing whether to manual or facsimile signatures shall appear on said obligations, prescribing the method for the recording of ownership of said obligations, appointing the fiscal agent or agents for said obligations, providing for the printing and delivery of said obligations (and if said bond are to be executed in the name of the Village by the facsimile signature of its Village Treasurer), including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such obligations any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such obligations shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: (1) Such obligations are authorized for an object of purpose for which said Village is not authorized to expend money, or (2) 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 of proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. Upon this resolution taking effect, the same be published in full in the TI Sun, the official newspaper of said Village for such purpose, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 8. This resolution is subject to permissive referendum, pursuant to Section 36.00(a) of the Local Finance Law. Section 9. This resolution shall constitute a statement of official intent for the purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. follows: The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as Mayor Zimmer Trustee Buker Trustee Forger Trustee Randazzo Trustee Sherboneau The resolution was thereupon declared duly adopted. Library Service Agreement - MOTION by Trustee Randazzo, 2 nd by Trustee Buker to renew the Library Service Agreement; the motion was carried Historian Agreement MOTION Tabled to next meeting Begin Review of Police Contract, tabled to future meeting Sewer Later Improvement Project authorization for document execution by Mayor Zimmer for the following two documents: o Matching Commitment Form 1002 o Certification of Contract Status for SRF Project Number 18097; MOTION by Trustee Sherboneau, 2 nd by Trustee Forger the motion was carried. Pivot Correspondence Joint T/V IMA Zoning and Code Enforcement Agreement - MOTION by Trustee Randazzo, 2 nd Trustee Sherboneau to accept and execute the agreement; the motion was carried
November 14, 2016 Page 7 of 7 Committee Reports: Trustee Sherboneau spoke of the Chamber of Commerce events Punkin Chunkin $4,650 was donated to local charities, the money left over will be used to purchase two more nets Holiday poker run is on 11/18-11/19 Business with a Twist 11/17/16 New Business: Benefit for Mary Green Old Business: none Mayor's Report: discussion on the following: Comprehensive plan Jefferson County is working on it and the anticipated date for completion is 12/8/16 11/16/16 is the Bi-National conference for tourism is at the 1000 Islands Harbor Hotel New TIERS building, every Thursday they have coffee hour, please stop by and see the facility Tree lighting is 6:00 pm 11/17/16 Water/Sewer Acct# 5 - letter of waiving late fees has been sent Riverwalk 3 Bid Awards tabled to next meeting as it is being reviewed with state for federal grant 1000 Islands Poker Charity Run, a not-for-profit agency, is asking Clayton to be the host. The date change is to weekend of 7/15/17. They would like: o the pickle late afternoon and early evening on that Friday, o to park a few boats on the gravel by the pavilion, capping at 100 boats for the entire event presented by Doug Tulloch and Bobby Cantwell, The request was unanimously approved by the board to allow the poker run in the village and grant the requests as presented Santa on The River 12/17/16 in Alexandria Bay, approximately 1500 children to attend Tobacco Free advertising no need Public Comment: Discussion and questions on the following projects and topics: Thanks to the Board for their time, effort and energy. Smoke free zone enforcement questions, what is the recourse? Is it enforceable? Local Law # 2016-2: o Utilities charges o blasting thru the glacial ridge and how that may affect the buildings o what about the backs of the buildings Riverwalk 3: Assessment information MOTION by Trustee Sherboneau at 7:55 p.m. to enter into Executive Session, seconded by Trustee Randazzo Adjournment of Executive Session: Trustee Sherboneau presented a MOTION adjourn the exec session at 8:19 pm. Trustee Randazzo seconded; the motion was carried. Adjournment: Trustee Buker presented a MOTION adjourn the meeting at 8:20 pm. Trustee Randazzo seconded; the motion was carried. Respectfully Submitted, Michelle E. Gaeta, Clerk