Town Of Whitestown
 Minutes 

May 07, 2003: Regular Town Board Meeting

Body:
REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF WHITESTOWN,
HELD ON WEDNESDAY, MAY 7, 2003, 7:05 PM
AT THE COMMUNITY CENTER IN SAID TOWN

TOWN BOARD MEMBERS PRESENT:

Matthew J. Shannon, Supervisor
Charles R. Gibbs, II, Councilman
William Copperwheat, Councilman
Brian Brooks, Councilman
In attendance at 7:09PM Daniel Sullivan, Councilman

OTHER TOWN OFFICIAL PRESENT:
William Schmitt, Attorney
Joanne Zegarelli, Town Clerk
Nancy Hartman, Personnel/Finance Director
Sal Granato, Highway Superintendent
Karl Schrantz, Town Engineer/MWH
In attendance at 7:21PM David Neary, Codes Officer
Phil Husted, Codes Department
Donald Wolanin, Police Chief
Jack DelMonte, Foreman Bldgs./Grounds
Tom Moore, Recreational Director
Rose Kurczyk, Senior Director

The meeting was called to order at 7:05PM,
roll call of Board Members,
moment of silence and Pledge Allegiance to the Flag.

Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is
RESOLVED, that the minutes from the April 16, 2003 meeting were accepted.
All voted aye.
Motion carried.

Supervisor Shannon welcomed and congratulated the Whitestown PeeWee Hockey Team. He stated that the Town Board would be presenting each player with a proclamation. He acknowledged the team’s outstanding sportsmanship and praised them on their camaraderie. Supervisor Shannon introduced Oneida County Legislator William Goodman.

Legislator Goodman addressed the team. He stated that it was a pleasure for him to be here tonight and congratulated them on their character, teamwork and respect. He continued by saying the community was proud of them for not only winning the state title, but for how they had conducted themselves.

Councilman Brooks congratulated the team and thanked them for representing Whitestown in a positive way. Councilman Sullivan stated they should be proud of themselves and congratulated the team.

Supervisor Shannon read the proclamation that was presented to each player and coach.

The Coach thanked the Board for the facility and the team for their conduct.

Committee Reports

Highway
Sal Granato addressed the Board. He stated that it has been a busy spring and all is going well.

Police
Chief Wolanin addressed the Board. He stated the speed trailer is having maintenance work completed and should be ready next week. He has received approval of a corridor grant in conjunction with the villages, targeting Commercial Drive. He stated that June is Buckle-up Month.

Police Commission
Councilman Brooks stated that because of the staff shortage in the Police Department, he is requesting the previous resolution authorizing overtime pay to Chief Wolanin be extended.

Resolution Chief Wolanin Overtime Compensation
Motioned by Councilman Brooks
Seconded by Councilman Sullivan
Whereas, the Police Commission has been unable to find a qualified candidate for a full time Police Officer from the current civil service list and
Whereas, the department has had the opportunity to hire a part time officer but temporarily lost a part time officer to Basic Municipal Training School, as a result a shortage of personnel still remains in the police department, and
Whereas, the Chief of Police is still incurring additional hours due to this and the circumstances outlined in the resolution of January 15, 2003 in which he was authorized to be paid in addition to his annual salary, additional compensation computed at his normal hourly rate for all additional time he is caused to work by virtue of the current shortage of personnel within the Town’s Police Department after having made the required offers of shift changes and/or overtime in accordance with the terms of the collective bargaining agreement existing between the Town and the PBA, therefore, it is
RESOLVED, that until such time as the vacancies within the town have been filled or until August 20, 2003 that this compensation be continued, at which time the Town Board will again review this resolution, whichever event should first occur.
All voted aye.
Motion carried.

Councilman Sullivan stated that in 1994 Whitestown was one of the first police agencies to purchase a (SUV) Jeep and mentioned the advantages of this vehicle over a sedan. Councilman Brooks stated that this vehicle is still being used and the Police Chief affirmed the mileage of over 154,000.

Councilman Brooks read a letter from the Major Commander Shanley, United States Army addressed to Supervisor Shannon. The letter was praising the Town for its support to Chief Wolanin, who serves in the U.S. Reserves.

Chief Wolanin, along with United States Army Reserves, presented the Town Board with a plaque in recognition of their support.

Codes
Phil Husted addressed the Board. He stated that to date, 22 building permits have been issued. A few that were denied this month would be heard by the ZBA. He is in the process of reviewing two house plans and two additions. Dave Neary addressed the Board and stated that Phil is doing an outstanding job. Mr. Neary referenced the complaints he has been hearing. Discussion was had regarding the new code and the additional work involved. Councilman Brooks referred to an editorial in the Observer Dispatch on Monday that he felt was appalling. He read the O.D. guidelines for their editorial page. He referenced the remarks made in that editorial and stated that it was his opinion that they did not apply to the Codes Department in Whitestown. Councilman Brooks stated that municipalities envy the Codes Department in the Town of Whitestown and gave praise to Code Enforcement Officers Neary and Husted for their fine work.

Buildings and Grounds
Jack DelMonte addressed the Board. He asked for permission to purchase an extension to the skatepark and to move budgeted money to cover the cost of $14,450.00. Councilman Brooks is in favor of expending the money for expanding the skatepark and listed various reasons why. Councilman Sullivan stated the proposal consists of ramps, half pipes, concrete slabs and fencing. This project should be completed by the middle of June. He asked for the following resolutions.

Upon the motion of Councilman Sullivan, seconded by Councilman Copperwheat, it is
RESOLVED, that the Town Board approved to spend $5,300.00 from the skateboard budget for this expansion.
All voted aye.
Motion carried.

Upon the motion of Councilman Sullivan, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board approve to move $9,150.00 from the Town Park wall fund to the skateboard fund to cover the costs of the skatepark expansion.
All voted aye.
Motion carried.

Jack further reported on the floor renovations at the Community Center. This project will start this week. He stated that for an additional $4,404.00, the kitchen area could be tiled.

Additional discussion was had regarding the skatepark.

Recreation
Tom Moore addressed the Board. He stated that before he gives the recreation report, he would like to discuss the carpet/tile project. He stated that the money is in the budget for the kitchen and would like the board to consider this since the Community Center would be closed for the other flooring work. The Board viewed a sample of the new tile and tabled the discussion for later in the meeting.

Mr. Moore stated that the skatepark is scheduled to open on May 17, 2003. He reported on times and fees. YMCA in conjunction with the Town of Whitestown will be holding a Happy Days Summer Program June 30th to August 21st, and also the Town will be sponsoring Sport Camps from June 30th to August 21st. He would like permission to advertise these programs. Discussion was had regarding agreements with the coaches. The attorney will review. Discussion was had regarding options for rain dates. Registration dates for the Sport Camp is on May 19th &20th. Discussion was had on promoting these programs. Councilman Gibbs discusses protocol for promoting these programs in schools. He suggests that Tom contact the school’s business office in Yorkville. The supervisor stated that for the next meeting, the Town Attorney should draft an agreement between the YMCA and each coach.

Mr. Moore referred to a memo he sent to the Town Board regarding summer employment. He asked for approval to reinstate last year’s summer staff. The park maintenance employees hourly rate at $8.11 and recreation attendants for park and skatepark at $6.30. He would like approval for these employees to work in both positions.

Upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board approved to reinstate last year’s staff of Mike Swider, Pat Sanger, Matt Wickman, Mike Hastings, Kelly Hayes and Sara Wiggins, and that the positions of park maintenance and recreation attendants be combined.
All voted aye.
Motion carried.

Councilman Copperwheat stated that additional hours would not be added.

Finally, Mr. Moore stated that he along with Karl Schrantz, Jack DelMonte and Jean Cidzik would be meeting with the State to discuss the Dunham Manor Park project.

Jack DelMonte discussed the new water line into the ice rink and the cost savings.

Engineering
Karl Schrantz addressed the Board. He stated that the water project, contract 3 started this week. There have been some issues with the contractor regarding contract 4 concerning the finish work of topsoil and seeding that Karl is addressing. Discussion was had regarding an inter-municipal agreement concerning Water district 25, contract 2. Plans have been submitted to the Department of Health. The Town is still waiting on two easement agreements. The Town Attorney spoke to the agreement between the Town of Whitestown and the Town of Westmoreland concerning the Camelot Village Agreement. The agreement has been finalized, and with the Boards approval, it will be sent to the Town of Westmoreland for their review. Discussion was had regarding the financing of Camelot Village, Water District 25. Karl discussed Water District 1- Contract 5 and stated that a preliminary report was sent to the Water Board, with a copy to the Town Board. He asked for the following resolutions.

Consolidated Water District No. 1 – Contract 5
Amendment to Engineering Agreement Storm Water Pollution prevention Plan
May 7, 2003


Motioned by Councilman Gibbs
Seconded by Councilman Copperwheat
Whereas, the Town Board of the Town of Whitestown hereby accepts MWH’s proposal to prepare the mandated Storm Water Pollution Prevention Plan for the Consolidated Water District No. 1- Contract 5 project in accordance with their memo to the Town Supervisor dated May 2, 2002, therefore it is
RESOLVED, that the Town Board authorized the supervisor to sign a budget amendment with MWH in the amount of $5,500.00
All voted aye.
Motion carried.

Consolidated Water District No. 1 – Contract 5
Wetland Delineation
May 7, 2003


Motioned Councilman Gibbs
Seconded by Councilman Sullivan
Whereas, wetlands have been detected along various sections within the Consolidated Water District 1 – Contract 5 project area, and
Whereas, a wetland delineation is required as part of the wetland permitting process and is necessary for the project to proceed, and
Whereas, EHF Environmental Services has submitted a proposal (dated May 4, 2003) to perform the required wetland delineation and preparation of the associated wetland report at an estimated cost of $4,150, and
Whereas, MWH has reviewed this proposal and find the scope of work and associated costs to be reasonable, therefore,
IT IS RESOLVED; that the Town Board of the Town of Whitestown hereby accepts the wetland delineation proposal dated May 4, 2003 from EHF Environmental Services at a not-to-exceed cost of $4,150.00 authorized commencement of the work.
All voted aye.
Motion carried.

Consolidated Water District No. 1 – Contract 5
Amendment to Surveying Agreement
Wetland Mapping
May 7, 2003


Motioned by Councilman Sullivan
Seconded by Councilman Brooks
Whereas, wetland boundaries as established by wetland delineations within the Consolidated Water District No 1 – Contract 5 need to be surveyed and added to the project base mapping and,
Whereas, this mapping is needed to support the wetland permitting for this project and,
Whereas, D.L. Mowers Land Surveyors and Associates is currently under contract to provide mapping services for this project and,
Whereas, D.L. Mowers Land Surveyors and Associates proposes to provide these additional mapping services at a cost of $600.00, therefore,
IT IS RESOLVED, that the Town Board of the Town of Whitestown hereby authorized D.L. Mowers Land Surveyors and Associates to perform the additional survey and mapping of the delineated wetland at their proposed cost of $600.00.
All voted aye.
Motion carried.

Mr. Schrantz addressed the Board regarding the proposed sidewalk along Harts Hill School. Discussion followed with the topic of a sidewalk West Street. This topic was tabled for now.

Councilman Brooks stated that NYS DOT would be looking for places to truck fill when the Judd Road Project begins.

Town Clerk
Joanne Zegarelli addressed the Board. She asked for the following resolutions.

Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board authorized Whitesboro Central School District to borrow four (4) voting machines for their election on the revised date of June 3, 2003.
All voted aye.
Motion carried.

Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board authorized Oriskany Central School District to borrow two (2) voting machines for their election on the revised date of June 3, 2003.
All voted aye.
Motion carried.

Joanne further stated that Deputy Clerk Chris Kobielski was out for two weeks in April. She would like an adjustment to Deputy Clerk Chris Kobielski’s paycheck because of the circumstances surrounding her husband’s unforeseen surgery.

Upon the motion of Councilman Sullivan, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board authorized the adjustment for Chris Kobielski’s May paycheck to reflect ten (10) days of absent without pay due to her husband’s unanticipated surgery.
All voted aye.
Motion carried.

Joanne Zegarelli stated that the office has been very busy lately with the sales of building permits and conservation licenses.

Additional Highway Report
Sal Granato addressed the Board. He stated that because of having such a difficult winter, FEMA (Federal Emergency Management Administration) had declared emergencies on December 25, 2002 and January 3 & 4, 2003. He has applied for aid and has received a check for $34,000.00 for the December 25th storm, which will go into the highway account for labor, materials and equipment. The paperwork has been completed for the January 3rd and 4th storm.

The highway department has been building a driveway and parking area off of Cedarbrook Crescent to the trail system for the Dunham Manor Playground.

Personnel and Finance
Nancy Hartman addressed the Board. She stated that Annual Report has been filed with the State Comptrollers office and with the Town Clerk. She asked the Board to authorize the Supervisor to sign an agreement with Bridgecom, the company that provides phone service for the Town. They have offered a rate reduction in exchange for a one-year contract.

Upon the motion of Councilman Gibbs, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board authorized the supervisor to sign a one (1) year agreement with Bridgecom.
All voted aye.
Motion carried.

Mrs. Hartman referenced the agreement between the Town and the developer of Amber Crossing. She asked that a reserve fund be set-up. The resolution reads as follows.

Resolution
Amber Crossing – Reserve Fund
May 7, 2003


Motioned by Councilman Brooks
Seconded by Councilman Gibbs
Whereas, by resolution dated March 19, 2003 the Town Supervisor for the Town of Whitestown was authorized to execute an agreement with Joseph J. Zimecki relative to the acceptance of Ben Bar Circle, a roadway in the Amber Crossing subdivision for dedication; and
Whereas, by the terms of said agreement, Joseph J. Zimecki agreed to make a financial contribution with respect to the paving of Ben Bar Circle in the total in the total amount of Twenty-Five Thousand Dollars ($25,000.00); and
Whereas, pursuant to said agreement, the Town is in receipt of the initial Fifteen Thousand Dollar ($15,000.00) deposit, together with a further contribution of One Thousand Dollars ($1,000.00), paid in accordance with the terms thereof; and
Whereas, it is the Town Board’s intention to use the funds received pursuant to the terms of said agreement for the rehabilitation and paving of Ben Bar Circle in the Amber Crossing subdivision;
NOW, THEREFORE BE IT: RESOLVED, that pursuant to General Municipal Law, Section 6-c, as amended, the Town Board does hereby establish a capital reserve fund to finance a portion of the costs of the rehabilitation and paving of the roadway known as Ben Bar Circle in the Amber Crossing subdivision located within said Town, the maximum cost of which is estimated to total less than Seventy-Five Thousand Dollars ($75,000.00), for which it is anticipated no bonding or long term financing will be necessary; and be it further
RESOLVED, that the Town Supervisor is hereby directed to deposit monies of this reserve fund in a separate bank account to be known as the “Amber Crossing Reserve Fund”; and be it further
RESOLVED, that the Town Supervisor is authorized to invest, from time to time, the monies of this fund pursuant to General Municipal Law, Section 6-f; and be it further
RESOLVED, that no expenditures shall be made from this fund except upon the authorization of the Town Board pursuant to General Municipal Law, Section 6-c.
All voted aye.
Motion carried.

Councilman Copperwheat asked for approval for the Assessor’s office to purchase a lap computer and flat panel monitor.
Upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board approved the Assessor’s office to purchase a Toshiba lap top computer for $1,445.00 and a Viewsonic flat panel monitor for $488.00, both of which are budgeted and under state bid.
All voted aye.
Motion carried.

Public Comment

The Supervisor opened the floor for public comment. No one asked to be heard.

Old Business

The Supervisor asked the board to approve the resolution concerning the Judd Road Connector Project regarding maintenance of lighting and agreement for maintenance, repair, and energizing of highway lighting between the Town of Whitestown and New York State Department of Transportation. The Supervisor recommended supporting this resolution and agreement. Councilman Copperwheat questioned the cost, discussion followed.

Resolution
Maintain Highway Lighting
May 7, 2003


Motioned by Councilman Copperwheat
Seconded by Councilman Gibbs
Whereas, the Town of the Municipality of Whitestown agreeing to maintain, repair and energize a highway lighting system on or along state highway/arterial/interstate within the geographical jurisdiction of the municipality, such highway identified as P.I.N.2230.08, Judd Road Connector Project, County of Oneida,
Whereas, the State of New York Department of Transportation proposes to construct a State Highway/Arterial/interstate identified as P.I.N.2230.08, Judd Road Connector Project, County of Oneida within the geographical jurisdiction of the Municipality of the Town of Whitestown, and
Whereas, the municipality of the Town of Whitestown approves of such project and desires to have a highway lighting system on such highway within its geographical jurisdiction, and
Whereas, the State of New York has agreed to provide as part of the project the following items in connection with a street lighting system
1. Underground duct system, including conduits, pull boxes, hand holes and drainage pockets.
2. Ducts, pull boxes, and anchor bolts on structures.
3. Foundation for light standards.
4. Light standards and bracket arms.

Providing that the municipality of the Town of Whitestown agrees to maintain, repair, and energize such highway lighting system for a period of 10 years or until such time as the Commissioner, in his discretion, determines that such lighting and/or the maintenance of such lighting system is no longer necessary for such highway/arterial/interstate.
NOW, THEREFORE, the Town of Whitestown, duly convened does hereby
RESOLVED, the municipality of the Town of Whitestown approves of the above subject project; and it is hereby further
RESOLVED, that the municipality of the Town of Whitestown shall maintain, repair and energize such highway lighting system, and it is hereby further
RESOLVED, that the Town Board of the municipality hereby authorized Matthew J. Shannon, Supervisor of the municipality of the Town of Whitestown to enter into and execute an Agreement with the State of New York and through the Commissioner of Transportation to commit the municipality of the Town of Whitestown to maintain, at its own expense, the lighting system on the above-identified project, such agreement to provide that the maintenance shall include the repair and replacement of equipment and the furnishing of electric current for the lighting system, and
BE IT FURTHER RESOLVED, that the Clerk of this Town is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation.
All voted aye.
Motion carried.

The Supervisor asked for a motion to close public comment.
Upon the motion of Councilman Sullivan, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board agreed to close public comment.
All voted aye.
Motion carried.

New Business
The Supervisor stated that Central Garage asked to ratify the purchase of a band saw. Three quotes were received; the lowest was $925.00 from McQuade and Banigan. Upon the motion of Councilman Gibbs, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board approved Central Garage to purchase a band saw, the price not to exceed $925.00.
All voted aye.
Motion carried.

Councilman Sullivan discussed Whitestown Youth referencing the flag football teams and the next level, which includes the nine (9) and ten (10) year olds. He spoke of the protocol for the joining members. It is his opinion that children trying out should not be cut from sports program and he sent a letter to Paul Tarkowski, who is the commissioner of that league.

Councilman Brooks asked for the following resolution.
Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board approved the two election custodians to attend a training seminar in Saratoga County on May 29, 2003 and May 30, 2003 at the rate of $160.00 per person.
All voted aye, with the exception of Councilman Sullivan who abstained.
Motion carried.

Councilman Brooks stated that Town residents requested volunteers to clean sidewalks, trails and roadsides throughout the Town. This is scheduled for Saturday. The Highway Department will cooperate with this effort.

Also, he stated that the Village of Whitesboro is sponsoring a Memorial Day Parade. Councilman Brooks will be assisting in obtaining the names of Town residents who have served, or are presently serving, in the military. Their names would be read at the ceremony in the park at the end of the parade.

Discussion was had regarding purchasing the extra tile for the kitchen area. It was stated that the tile was beginning to separate.
Upon the motion of Councilman Gibbs, seconded by Councilman Copperwheat, for the purpose of discussion. Discussion was had regarding the age of the tile, which is believed to be approximately 19 years. There having been a motion and a second, it is
RESOLVED, that the Town Board approved to tile the kitchen area in the Community Center for an additional $4,404.00.
All voted aye.
Motion carried.

Additional discussion was had regarding the ceremony after the Memorial Day Parade.

Rose Kurczyk, Senior Director stated that there were 125 seniors at the meeting today.

Upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board entered into executive session at 8:49PM to discuss pending litigation and a personnel matter.
All voted aye.
Motion carried.

Upon the motion of Councilman Sullivan, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board ended executive session at 9:26PM.
All voted aye.
Motion carried.

TOWN CLERK’S MONTHLY REPORT FOR APRIL 2003
Paid to Supervisor for General Fund -- $508.74
Paid to Supervisor for Part Town Fund -- $1,050.00
Paid to NYS DEC for DECALS -- $122.79
Paid to County Treasurer for Dog Licenses -- $78.72
Paid to Agriculture & Markets for Dog Licenses -- $15.00
Paid to NYS Department of Health for Marriage Licenses -- $56.25
TOTAL DISBURSEMENTS -- $1,831.50

There being no further business to come before the Board, upon the motion of Councilman Gibbs and seconded by Councilman Brooks, the meeting was adjourned at 9:26PM.

Respectfully submitted,
Joanne Zegarelli
Town Clerk