Regular Meeting and Public Hearing of the Otselic Town Board on June 13, 2023, 7:00 p.m., Town Hall, South Otselic, New York
Present: Marjorie Davis, Supervisor; Sadie Allen, Charles Bishop, Jr., Darryl Fox and Jay Graham, Town Council; Louise Perry, Town Clerk
Also present: Christopher Freeman, Code Enforcement Officer; Steven Forrest, Highway Superintendent; Steven Fox, Chenango County Building and Fire Code Inspector; Michael Foor-Pessin; Sarah Hite; Allison Miller
Minutes from the May 9, 2023 regular meeting and the May 23, 2023 Informational Meeting and Public Hearing were distributed. Motion by D. Fox and seconded by J. Graham to accept the minutes of both meetings. CARRIED
Supv. Davis received a letter from NYS Department of Transportation regarding the speed review and 10 year crash study of NYS Route 80 in Otselic. They concluded that the 45 mph speed limit is appropriate. They will add a couple truck hill signs.
Thank you notes were received from the Valley View Cemetery and the Maple Grove Cemetery for the donations from the Town.
At 7:10 p.m. the Public Hearing was opened to discuss the proposed South Otselic Water District improvements project. There were no comments from the public as there had already been an informational meeting and public hearing on May 23, 2023 where the public was able to ask questions and make comments. The Public Hearing was closed at 7:11 p.m.
A letter from NYMIR stated that master battery disconnection switches will be required on all equipment they listed to prevent losses. Supt. S. Forrest stated that he will make sure these are in place.
Clerk Perry shared a letter from a Town of Huntington Councilman regarding a resolution his town adopted. The resolution was urging the NYS Legislature and Governor Hochul to draft and enact legislation regarding a voter’s identification process.
Steven Fox had been asked to review our town laws. He stated that Otselic has plenty of laws but enforcement can be an issue. He suggested that the Junkyard Law should be separated for junk and junkyard. Supreme Court action is required for the Unsafe Building Law. He thinks that a certified Code Enforcement Officer is not necessary. For garbage issues Steven said it’s best to take small steps with warnings first. Acting on complaints can prevent being accused of selective enforcement or the code officer could have a plan on addressing a certain road each month, for instance. The garbage must be visible from the road to be in violation. A junkyard business license would be issued by the Town and DEC. People living in camping trailers is not covered by NYS Building Code but is covered by the Town’s Mobile Home Law. There was a discussion about the Town’s requirement for a cement pad under a mobile home. A manufacturer may require that but it is not required by the NYS Building Code enforced by Chenango County. Steven felt that our recently adopted Subdivision Law was more complicated than necessary. Steven would like to see the County Board of Supervisors address adding more staff to the County Building Code Office just to deal with garbage issues. He was asked about the purpose of planning boards. They can make decisions which take the responsibility away from the Town Board.
J. Graham asked if we should review all our town laws after hearing S. Fox’s comments.
Code Enforcement Office C. Freeman stated that he usually gives a verbal warning on garbage issues, followed by an Order to Remedy, then followed by a ticket. Most cases are resolved by the time they are called to court. C. Freeman reported that he has signed 7 building permits and is dealing with garbage issues at a couple places.
There is a credit of $600 after changes made to the insurance coverage as discussed by Dan Grady. The Board suggested that a refund check be issued. D. Grady prepared an estimate for flood insurance for the Town Hall but the Board felt it was too costly.
Public Interest Order Offered by D. Fox-
In the Matter of The Increase and Improvement of the Facilities of the South Otselic Water District, in the Town of Otselic, Chenango County, New York
WHEREAS, the Town Board of the Town of Otselic, Chenango County, New York, has duly caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the South Otselic Water District, in the Town of Otselic, Chenango County, New York (the “Water District”), being water system improvements upgrades consisting of water supply and water storage facilities improvements, reconstruction of water mains and installation of water meters, including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $4,300,000.; and
WHEREAS, at a meeting of said Town Board duly called and held on May 9, 2023, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of the facilities of the South Otselic Water District, in the Town of Otselic, Chenango County, New York, as hereinabove described, at a maximum estimated cost of $4,300,000., and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in South Otselic, New York, in said Town, on June 13, 2023, at 7:10 P.M., Prevailing Time; and
WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard;
NOW THEREFORE, BE IT ORDERED, by the Town Board of the Town of Otselic, Chenango County, New York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of the South Otselic Water District, in the Town of Otselic, Chenango County, New York, as hereinabove described, at a maximum estimated cost of $4,300,000.
Section 2. This Order shall take effect immediately. Seconded by J. Graham.
The question of the adoption of the foregoing Order was duly put to a vote on roll, which resulted as follows:
Supervisor Marjorie Davis Voting Aye, Councilperson Sadie Allen Voting Aye, Councilperson Charles Bishop, Jr. Voting Aye, Councilperson Darryl Fox Voting Aye, Councilperson Jay Graham Voting Aye
The Order was thereupon declared adopted.
RESOLTUION # 9 BOND RESOLUTION Offered By D. Fox
A RESOLUTION AUTHORIZING THE ISSUANCE OF $4,300,000 BONDS OF THE TOWN OF OTSELIC, CHENANGO COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF SOUTH OTSELIC WATER DISTRICT IN THE TOWN OF OTSELIC, CHENANGO COUNTY, NEW YORK.
WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202‑b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of the South Otselic Water District, in the Town of Otselic, Chenango County, New York, at a maximum estimated cost of $4,300,000; and
WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it have been determined will not have any significant adverse impact on the environment; and
WHEREAS, it is now desired to authorize the financing of such capital projects, NOW, THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Otselic, Chenango County, New York, as follows:
Section 1. For the class of objects or purposes of paying the cost of the increase and improvement of the facilities of the South Otselic Water District, in the Town of Otselic, Chenango County, New York (the “Water District”), being water system improvement upgrades consisting of water supply and water storage facilities improvements, reconstruction of water mains and installation of water meters, including original equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $4,300,000. there are hereby authorized to be issued not to exceed $4,300,000. bonds pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the plan for the financing of said maximum estimated cost is by the issuance of not to exceed $4,300,000. bonds of said Town authorized to be issued pursuant to this bond resolution. PROVIDED, HOWEVER, that to the extent that any grants-in-aid are received for such class of objects or purposes, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Otselic, Chenango County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. Annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said South Otselic Water District in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
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 issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as the Supervisor shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds 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 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 8. The Supervisor is hereby further authorized, at the Supervisor’s sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law.
Section 10. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Town 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 or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution shall constitute a statement of official intent for 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.
Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Seconded by S. Allen.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:Supervisor Marjorie Davis Voting Aye, Councilperson Sadie Allen Voting Aye, Councilperson C. Bishop, Jr. Voting Aye, Councilperson Darryl Fox Voting Aye, Councilperson Jay Graham Voting Aye
The resolution was thereupon declared duly adopted.
The map at the SOWD Informational Meeting did not include some properties known to be in the district. This needs to be researched. The process of purchasing more land for the second well should begin. Rules and regulations for the water district need to be updated. The Advisory Committee will meet on July 21.
D. Fox has requested use of the Town Hall on June 27, 2023, 7:00 p.m., for a Republican Caucus. There was no objection to this request. The Board indicated that the Town Supervisor or Town Clerk could approve requests for use of the Town Hall unless it was an unusual request.
A resignation was received from Joshua Kisner as Dog Control Officer, effective May 20, 2023. Motion by S. Allen and seconded by C. Bishop, Jr. to accept this resignation. CARRIED 4 Aye votes,
1 No vote D. Fox. Supv. Davis will call County Acres Animal Shelter to see if they could cover the dog services temporarily since no one has applied for the position.
Hwy. Supt. S. Forrest has requested the purchase of a trailer and mini-excavator using leftover CHIPS funds. This decision was tabled to the July meeting.
M. Foor-Pessin is aware of someone who may be interested in the Dog Control position but this person thinks the compensation is not adequate and may want mileage reimbursement.
There was a discussion about the possibility of unspent ARPA funds being taken back. Supv. Davis will discuss this with the Chenango County Treasurer.
Motion by D. Fox and seconded by J. Graham to enter executive session at 9:35 p.m. to discuss personnel performance. CARRIED
Motion by C. Bishop, Jr. And seconded by J. Graham to return to open session. CARRIED
Resolution #10-23 Offered by S. Allen
WHEREAS pleasant spring and summer weather has allowed the highway department to incur capital expenses earlier in the summer than usual,
AND WHEREAS, reimbursement through NYS CHIPS and other supplemental highway funds typically are received in early fall and in December,
AND WHEREAS, highway expenditures currently exceed highway funds,
AND WHEREAS, though the necessary paperwork will be filed with NYS DOT, expected receipt of funds will not be earlier than late September,
THEREFORE,BE IT RESOLVED, that the Otselic Town Board authorizes the transfer of $80,000.00 from the equipment reserve fund, account number *****3417, to the operating highway account number *****5995 to pay existing outstanding bills and keep the account solvent.
BE IT FURTHER RESOLVED, that a sum of $80,000.00 be transferred back into the equipment fund, account number*****3417 from the highway fund, account number*****5995 upon receipt of CHIPS funds before 12/31/23.
Seconded by C. Bishop, Jr. and duly adopted.
Aye votes: M. Davis, S. Allen, C. Bishop, Jr., J. Graham No vote: D. Fox
Cemetery caretaker William Wentworth submitted pictures of a tree at Tallett Hill Cemetery that he is concerned could fall and damage monuments. The Huntley family doesn’t want the tree removed.
Supv. Davis presented her financial reports. She reported that $2,448.74 has been earned in interest on CDs in three months.
Bills read for approval:
General Fund Abstract #052-060 $ 1,646.84
Highway Fund Abstract #037-052 $159,728.69
SOWD Fund Abstract #025-029 $ 1,442.86
Total $162,818.39
Motion by C. Bishop, Jr. And seconded by S. Allen to approve payment of these bills except Highway bill #051 from K5 Truck parts for $1,100.43 and Highway bill #052 from Burt’s Truck Repair for $254.89. CARRIED
Motion by S. Allen and seconded by J. Graham to approve payment of bill #051 from K5 Truck Parts and bill #052 from Burt’s Truck Repair. CARRIED 4-0 C. Bishop, Jr. Abstained
Motion by J. Graham and seconded by C. Bishop, Jr. to adjourn the meeting. CARRIED. 10:30 p.m.
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