Town Of Whitestown
 Minutes 

July 16, 2003: Town Board Voucher Meeting

Table Of Contents:
Body:
VOUCHER MEETING OF THE TOWN BOARD OF THE TOWN OF WHITESTOWN,
HELD ON WEDNESDAY, JULY 16, 2003 @ 7:00PM
AT THE COMMUNITY CENTER IN SAID TOWN

Town Board Members Present:

Matthew Shannon, Supervisor
Charles R. Gibbs, II, Councilman
William Copperwheat, Councilman
Brian Brooks, Councilman
Daniel Sullivan, Councilman In attendance @ 7:06

Other Town Officials Present:
William Schmitt, Town Attorney
Joanne Zegarelli, Town Clerk
Sal Granato, Highway Superintendent
Donald Wolanin, Chief of Police
Nancy Hartman, Personnel/Finance Director
Tom Moore, Recreational Director
Jack DelMonte, Foreman/Bldgs. & Grounds
Phil Husted, Codes Department
Rose Kurczyk, Senior Director

The Supervisor opened the meeting at 7:04PM,
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 Town Board hereby accepts the minutes from June 18, 2003.
All voted aye.
Motion carried.

Committee Reports

Highway

Sal Granato addressed the Board. He asked the Board for the following resolutions.

Upon the motion of Councilman Gibbs, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board agreed to accepts the bids for the plow, wing and dump box on June 23, 2003 at the Clerk’s office 8 Park Avenue, Whitesboro, NY at 11:00AM.
All voted aye.
Motion carried.

Upon the motion of Councilman Gibbs, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board agreed to have the Town Attorney and the Highway Superintendent canvass the plow, wing and dump box bids and award to the lowest responsible bidder.
All voted aye.
Motion carried.

Sal reported on the road construction on Wood Road.

Sal stated there are two developments that are ready to be accepted by the Town. Attorney Schmitt gave descriptions and they are as follows.

Resolution
Fred Burrow, Jr. “Cider Street Subdivision – Phase II” Paradise Lane Road Dedication
July 16, 2003


Upon the motion of Councilman Gibbs Seconded by Councilman Copperwheat
WHEREAS, Frederick R. Burrows, Jr., a/k/a Fred R. Burrows, Jr. has petitioned the Town of Whitestown to accept facilities associated with a certain subdivision located on Cider Street in the Town, including a roadway known as Paradise Lane, a storm water management basin and an access roadway leading thereto; and
WHEREAS, the facilities sought to be accepted for dedication by the Town are reflected on a subdivision map entitled “Cider Street Subdivision – Phase II” prepared by Bolder Consultants dated June 10, 1999 (revised), as approved by the Planning Board for the Town of Whitestown, and filed in the office of the Oneida County Clerk; and
WHEREAS, in connection with said petition, Mr. Burrows has provided legal descriptions for the road rights of way, easements and parcels to be conveyed, forty (40) year abstract of title and an agreement involving the access road leading to the aforementioned storm water management basin; and
WHEREAS, the Town Attorney has completed his examination of the documentation and takes no exception thereto; and
WHEREAS, Salvatore F. Granato, Jr., the Highway Superintendent for the Town, and Karl Schrantz, as Town Engineer and Chairman of Planning Board, have both indicated their acceptance of the facilities for dedication by the Town, and have recommended said action to the Town Board; and
WHEREAS, it appears there are no liens exist against the facilities to be accepted by dedication by the Town, nor are there any outstanding punch lists items for which a performance bond is required; and
WHEREAS, the Town Board is of the opinion that it would be in the best interest of the Town to accept the facilities, including the roadway known as Paradise Lane, the storm water management basin and the access roadway leading thereto, for dedication by the Town;
NOW, THEREFORE, BE IT: RESOLVED, that the Town Board of the Town of Whitestown hereby agrees and otherwise accepts the deed of dedication from Frederick R. Burrows, Jr., a/k/a Fred R. Burrows, Jr. to the road known as Paradise Lane, as well as the storm water management basin and access road leading thereto, more particularly reflected on the subdivision maps approved by the Planning Board for the Town of Whitestown and filed in the office of the Oneida County Clerk; and be it further
RESOLVED, that the Town Supervisor and the Town Attorney be and they are hereby directed to execute any and all documents necessary to effectuate the acceptance of the deed of dedication or otherwise attend to the immediate recordation thereof.
All voted aye.
Motion carried

Resolution
Louis F. Kozlowski & Shirley F. Kozlowski “Harts Hill Terrace” "Birchwood Lane & Bradford Lane Extended Road Dedication
July 16, 2003

Upon the Motion of Councilman Brooks Seconded by Councilman Sullivan
WHEREAS, Louis F. Kozlowski and Shirley F. Kozlowski have petitioned the Town of Whitestown to accept facilities associated with a certain subdivision known as Harts Hill Terrace in the Town, including roadways known as Birchwood Lane and Bradford Lane Extended and a detention basin; and
WHEREAS, the facilities sought to be accepted for dedication by the Town are reflected on a subdivision map entitled “Plat Map Harts View Terrace Section F” as revised on September 16, 2002 and prepared by Anthony DeNigro, P.E. and filed in the office of the Oneida County Clerk in Map Roll 1829, which map was approved by the Planning Board for the Town of Whitestown on October 31, 2002; and
WHEREAS, in connection with said petition, the Kozlowskis’ have provided legal description for the road rights of way, easements and parcels to be conveyed, two (2) forty (40) year abstracts of title and have agreed to execute a development agreement concerning the final paving of such roadways; and
WHEREAS, the Town Attorney is in the process of completing his examination of the documentation and anticipates taking no exception thereto; and
WHEREAS, Salvatore F. Granato, Jr., the Highway Superintended for the Town, has indicated his acceptance of the facilities for dedication by the Town, and has recommended said action to the Town Board once the required fencing has been construction and the final grading completed to his satisfaction; and
WHEREAS, it appears there are no liens exist against the facilities to be accepted by dedication by the Town, nor are there any outstanding punch lists for which a performance bond is required except as provided for in said development agreement; and
WHEREAS, the Town Board is of the opinion that it would be in the best interest of the Town to accept the facilities, including the roadways known as Birchwood Lane and Bradford Lane Extended and the detention basin for dedication by the Town, upon receipt of the final approval by the Town Attorney of the title documentation presented, and upon final approval by the Highway Superintendent of the required fence construction and finished grading, and the delivery of an executed development agreement;
NOW, THEREFORE, BE IT: RESOLVED, that the Town Board of the Town of Whitestown hereby agrees and otherwise accepts the deeds of dedication from Louis F. Kozlowski and Shirley F. Kozlowski to the roadways known as Birchwood Land and Bradford Lane Extended as well as the detention basin, all as more particularly reflected on subdivision maps approved by the Planning Board for the Town of Whitestown and filed in the office of the Oneida County Clerk, which acceptance is expressly contingent upon final approvals by the respective Town officers as follows;
(a) Approval by the Town Attorney of:
(1) all title documentation heretofore submitted;
(2) a fully executed development agreement satisfactory to all parties; and
(b) Approval by the Highway Superintendent of:
(1) construction of all required fencing; and
(2) completion of finished grading; and be it further
RESOLVED, that the Town Supervisor and the Town Attorney be and they are hereby directed to execute any and all documents necessary to effectuate the acceptance and recordation of the deed of dedication and development agreement after approval by the respective Town officers.
All voted aye.
Motion carried.

Police

Chief Wolanin addressed the Board. He stated that there would be a Chief’s conference in Lake Placid and asked permission to attend.
Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board gave Chief Wolanin permission to attend the Police Chief’s conference in Lake Placid from August 24th to the 28th.
All voted aye.
Motion carried.
The Chief suggested a pamphlet be designed to give to all new residents of the Town. This would contain pertinent information about Whitestown, such as police, fire, etc. Councilman Brooks stated he would be involved also. Discussion followed.

Police Commission

Nothing new to report.

Codes Department

Phil Husted addressed the Board. He stated that his department has been busy this past month. A report is on file at the Clerk’s office. He discussed the complaints he has received regarding un-mowed lawns. The Town Attorney has drafted a resolution regarding this and gives protocol. He asked that following resolution be passed.

Resolution
Brush, Grass, and Weeds
July 16, 2003

Upon the Motion of Councilman Brooks Seconded by Councilman Gibbs
WHEREAS, the Code of the Town of Whitestown, Chapter 55, entitled “Brush, Grass and Weeds”, sets forth the Town’s policy to provide for the proper use of land and to prevent unhealthful, hazardous or dangerous conditions due to the accumulation of brush, rubbish or weeds, or growth of poisonous shrubs and weeds; and
WHEREAS, pursuant to Article II thereof, the Town Board may cause to be adopted a resolution requiring the owner of land to cut, trim, remove or destroy poisonous shrubs or weeds upon their lands; and
WHEREAS, it has been reported by various Town residents the Code Enforcement Officer for the Town of Whitestown, that the following properties located in said Town of Whitestown are in violation of Chapter 55 in that there is an accumulation of brush, grass, rubbish or weeds, that has caused an unhealthful, hazardous or dangerous condition within said Town:
Reputed Owner Reputed Owner’s Address Address of Property In Violation

(1) Mervin Krantz 8239 Westmoreland Road 8239 Westmoreland Rd. Whitesboro, NY 13492 Whitesboro, NY 13492
(Tax Map #304.000-1-48)

(2) Timothy and Deborah 9 Beechnut Terrace 9 Beechnut Terrace Mitchell Whitesboro, NY 13492 Whitesboro, NY 13492
(Tax Map #291.016-1-4)

(3) Jean Caitlin 20 Beechnut Terrace 20 Beechnut Terrace Whitesboro, NY 13492 Whitesboro, NY 13492
(Tax Map #291.016-1-31)

and
WHEREAS, at the recommendation of its Code Enforcement Officer, the Town desires to adopt a resolution in accordance with Chapter 55 requiring the owner to cut, trim or remove the brush, grass, rubbish or weeds, at the address of the property in violation as set forth herein on or before July 30, 2003, and upon the owner’s failure or neglect to comply with the Town Board’s direction to do so, that such work to be done at the direction of, or by the Town, and the cost thereof be assessed against and/or levied upon such property;
NOW, THEREFORE, BE IT: RESOLVED, that the following owners of property in the Town of Whitestown, Oneida County, New York:
Reputed Owner Reputed Owner’s Address Address of Property in Violation

(1) Mervin Krantz 8239 Westmoreland Road 8239 Westmoreland Rd. Whitesboro, NY 13492 Whitesboro, NY 13492
(Tax Map #304.000-1-48)

(2) Timothy and Deborah 9 Beechnut Terrace 9 Beechnut Terrace Mitchell Whitesboro, NY 13492 Whitesboro, NY 13492
(Tax Map #291.016-1-4)

(3) Jean Caitlin 20 Beechnut Terrace 20 Beechnut Terrace Whitesboro, NY 13492 Whitesboro, NY 13492
(Tax Map #291.016-1-31)

are hereby directed to cut, trim or remove brush, grass, rubbish, or weeds or to spray with herbicides, and/or to cut, trim, remove, or destroy poisonous shrubs or weeds upon their lands identified as the “Address of Property in Violation” above, which work shall be completed on or before July 30, 2003, all in accordance with Chapter 55 of the Town of Whitestown Municipal Code; and be it further
RESOLVED, that code Enforcement Officer for the Town of Whitestown, be, and he hereby is directed, to serve a notice of adoption of this resolution upon the owners of property listed above, together with a copy of this resolution, all as provided for in Chapter 55 of the Town of Whitestown Municipal Code, by ordinary mail and certified mail, return receipt requested, addressed to his or her last known address; and be it further RESOLVED, that upon the owner or owners’ failure or neglect to comply with this Town Board’s directive on or before July 30, 2003, the Town Board hereby directs that such work be undertaken by its Department of Buildings and Grounds and/or its designee, and the cost thereof be assessed against, and/or levied upon such property.
All voted aye.
Motion carried.

Mr. Husted stated that he and David Neary have divided duties. Most all complaints go to Dave, while Phil takes care of commercial projects. Phil reported on the Bonide expansion, Eastern Star addition and stated that he has issued 2 or 3 permits for the Village of Oriskany. He also discussed the DDS Motor Sports conversion and the trucking depot purchased by Carbone in which they have applied for a demolition permit. Phil further reported on a fire within the Village of Whitesboro that he was called on to inspect because the village code officer was on vacation. Phil suggested getting an agreement in place with the Village of Whitesboro. Discussion was had concerning the subject of the House of Good Shepard on Judd Road.

Buildings & Grounds

Jack DelMonte addressed the Board. He stated that under the request of Councilman Brooks, he has obtained quotes for surveillance cameras for Town Hall. He stated that today he has been directed by some Board members to get quotes for the Tax Office. Discussion was had on where the Town Board was getting the funds for the cameras. Jack stated that there was additional money budgeted for the flooring in the Community Center that was not used. He does however need to purchase an auto scrubber and high-speed burnisher for the new tile floor. He has also received quotes on having someone come in and do the work. Discussion followed with a suggestion from Councilman Brooks to purchase the cameras for Town Hall now and explore the possibilities of surveillance cameras in other Town buildings. All quotes are on file at the Clerk’s office. Discussion followed and it was decided to purchase the following.

Upon the motion of Councilman Copperwheat, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board approved to purchase a Scrubmaster 20B autoscrubber with pad driver and batteries for $4,195.00 and a Fury 1500P high-speed burnisher for $995.00.
All voted aye.
Motion carried.

The Supervisor asked for a motion to purchase the cameras. Joanne Zegarelli asked to be heard and questioned who would monitor the monitors. Jack DelMonte stated that all the companies confirmed that it would be easier to wire the monitor and hard drive in the same room, which would be either personnel and finance or Norm Ulinski’s office. Councilman Sullivan asked to hold questions to see if they planned on proceeding with the cameras. Councilman Brooks stated he would like to move forward.

Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board approved to purchase a surveillance camera to include installation from A-1 Security Services for $2,245.00 for (3) three cube cameras, (1) one 14’ monitor and (1) one 4 channel DVMR 120 GB hard drive.
All voted aye.
Motion carried.

Discussion followed regarding who would be watching the monitor. Town Clerk suggested that they be placed in the police station. The Supervisor stated he did not care where the monitor would be. The reason for the cameras was to record and review if there were any problems. Nancy stated that when she is alone upstairs, she would like to see who is entering the building. This would be used strictly for security reasons.

Recreation/Community Center

Tom Moore addressed the Board. He asked permission to bid playground equipment.

Upon the motion of Councilman Gibbs, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board approved to go out to bid playground equipment and open sealed bids on August 12, 2003 at 11:00AM in the office of the Town Clerk.
All voted aye.
Motion carried.

Tom asked for permission to interview and possibly hire from the list of Whitestown applicants for an account clerk position. Discussion followed regarding protocol.

Upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board approved to canvass the applicants on the County’s civil service list who are Whitestown residents.
All voted aye.
Motion carried.

Engineering

Karl Schrantz is not in attendance.

Town Clerk

Joanne Zegarelli addressed the Board. She stated that she has received a list of election inspectors from the Oneida County Board of Elections and asked the Board to accept the list as received.

Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board accepts the list of inspectors, poll clerks and alternates from the Oneida County Board of Elections, dated June 19, 2003.
All voted aye.
Motion carried.

Joanne stated that she received two letters from New York State Department of Transportation declining the Town Boards request to reduce speed limit on Wood Road and Cider Street.

Joanne stated that voucher #378 in the amount of $1,500.00 from Whitestown Youth Hockey Association was paid from the B fund, not A fund as stated previously. She asked for a Board resolution to acknowledge the transfer of funds.

Upon the motion of Councilman Sullivan, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board acknowledged the transfer of voucher #378. Whitestown Youth Hockey Association, in the amount of $1,500.00 from A to B fund.
All voted aye.
Motion carried.

Discussion followed regarding a speed reduction request on Clinton Street. Joanne Zegarelli stated that the request was sent in for that street and is now in review with the NYS DOT.

Personnel & Finance

Nancy Hartman addressed the Board. She stated that budget sheets would be handed out within the next two days. She asked that for not only a yearly budget, but also a five-year plan from each department. She asked for the Board permission for Whitestown to enter into a third party agreement with Charter One. The purpose is to set up an investment account for Town Funds.

Upon the motion of Councilman Sullivan, seconded by Councilman Copperwheat, it is
RESOLVED, that the Town Board agreed to enter into an agreement with Charter One for investment purposes.
All voted aye.
Motion carried.

Seniors

Rose Kurczyk addressed the Board. She stated problems with the microphone during senior meetings and stated that the Community Center was too warm. She asked for help removing chairs when preparing for Arts and Crafts on Mondays. Tom Moore stated that he would take care of this.

Public Comment

William Goodman, Oneida County Legislator, addressed the Board. He spoke of the issues addressed by the Oneida County Board of Legislators for the month of June. He spoke of the following topics; night meetings, Griffiss Airfield, Capital Projects, HUD Grant, Adolescent Tobacco Use prevention Act Grant, Dairy Month, Cornell Cooperative Extension, Oneida County Convention and Tourism, Agricultural District, Public Works, Lease Agreement, Oneida County Farm Bureau. Mr. Goodman’s report is on file at the Clerk’s office.

New Business

Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, discussion followed stating that the lights are decorative and would be placed in the parking lots of Hart’s Hill School and Westmoreland Road School, therefore, it is
RESOLVED, that the Town Board agreed to canvass the quotes for the street light project regarding a grant received in the amount of $15,000.00 for decorative lights.
All voted aye.
Motion carried.

Upon the motion of Councilman Copperwheat, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board authorized the Supervisor to sign the extension of the above grant for a period of one-year.
All voted aye.
Motion carried.

Discussion was had regarding bonding for park improvements. Councilman Sullivan asked to table this topic for now.

The Supervisor asked for approval to sign and accept the one and only quote received for the 2003-2004 municipal insurance coverage, stating that no other company could match the quote received. There are some changes in coverage and he asked Nancy Hartman to explain. She stated that if the Town Board agrees to reduce the liability coverage from three million dollars ($3,000,000.00) to one million dollars ($1,000,000.000) this would yield an approximate savings of $7,000.00 per year. Also, insurance companies now have a terrorism clause stated in their policies. If you wish not to have this type of coverage, this would yield a $3,000.00 annual savings. Because this concerns public safety, this would be discussed in executive session.

The topic of Camelot Village water project will wait for Karl Schrantz.

Councilman Copperwheat stated that he was at Town Hall the previous evening and the door was unlocked.

Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board entered into executive session at 8:05PM to discuss the acquisition of real property when publicly discussed may affect it’s value, public safety and collective bargaining negotiations.
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 8:47PM.
All voted aye.
Motion carried.

Upon the motion of Councilman Sullivan, seconded by Councilman Copperwheat, it is RESOLVED, that the Town Board agreed to change the voucher meeting scheduled for August 20, 2003 to August 13, 2003.
All voted aye.
Motion carried.

Resolution
July 16, 2003
State of New York Acquired 2.222 Acres By Eminent Domain from the Town of Whitestown


Motioned by Councilman Sullivan
Seconded by Councilman Brooks
WHEREAS, the State of New York through its Department of Transportation has undertaken the design and construction of highway improvement commonly known as the Stanwix-Utica Project-Part 1 or the Judd Road extension (hereinafter referred to the “project”) necessitating the acquisition by eminent domain of various parcels of land located within the Town of Whitestown; and
WHEREAS, in connection with the project, the State of New York acting through its Department of Transportation seeks to acquire by eminent domain approximately 2.222 acres of land owned by the Town of Whitestown, and to pay to the Town in compensation therefore, the sum of Eight Hundred Dollars ($800.00); and
WHEREAS,
the property sought to be condemned is land locked, and was acquired by the Town as part of approximately 10 acres of land, from the Whitestown Sewer Company by deed dated August 30. 1998 which deed was recorded in the office of the Oneida County Clerk on October 21, 1998, in Liber 2429 of Deeds at Page 145 in connection with the acquisition of what was formally a waste disposal system servicing, among other properties, Harts Hill Acres, now commonly known as the Glen Haven subdivision; and
WHEREAS, it appears to the Town Board that said property is of no value to the Town, and should otherwise be abandoned, and for this reason, the Town Board believes that the compensation offered by the State in the sum of Eight Hundred Dollars ($800.00) is fair and reasonable; and
WHEREAS, the State, acting through its Department of Transportation has requested the Town, if agreeable to the receipt of such compensation, to signify the same by the execution of various documents by its Town Supervisor; and
WHEREAS, the Town Board is of the opinion that it is in the best interest of the Town to accept the offer of compensation tendered by the State and to direct its Town Supervisor to execute the necessary documents to make a claim therefore;
NOW, THEREFORE, BE IT; RESOLVED, that the Town of Whitestown hereby accepts the offer of compensation made by the State of New York, through its Department of Transportation in the amount of Eight Hundred Dollars ($800.00) in consideration for the condemnation of a portion of property comprising 2.222 acres of vacant land acquired from the Whitestown Sewer Company, Inc. and designated on the tax maps for the County of Oneida as parcel No. 316.000-01-23; and it is further
RESOLVED, that the Town Supervisor be, and he is hereby otherwise directed and authorized to execute any and all necessary documents to effectuate the intent of this resolution, including but not limited to the execution of an “Agreement of Adjustment” and “Release of Owner” and an “Agreement for Advance Payment” and a “Land Claims Voucher” and an affidavit.
All voted aye.
Motion carried.

Resolution
July 16, 2003
Town of Whitestown acquires 30.95 acres Between Gibson and Judd Roads


Motioned by Councilman Copperwheat
Seconded by Councilman Sullivan
WHEREAS, the Town Board of the Town of Whitestown has determined that the needs of the Town require the acquisition of additional property for general town purposes; and
WHEREAS, the Town has entertained negotiations with Utica Realty Holdings, LLC relative to the acquisition of approximately 30.95 acres of vacant land located between Gibson and Judd Roads in the Town of Whitestown, Oneida County, New York, and referred to as part of parcel number 316.000-1-2.1 as shown on the tax maps for the County of Oneida; and
WHEREAS, after extensive negotiations, the Town through its agents, and the property owner, Utica Realty Holdings, LLC, have reached a tentative agreement subject to Town Board approval and the contingencies contained in a proposed offer to purchase, a copy of which is attached hereto and made a part hereof, which include, among others, contingencies based upon the Town obtaining bonding authority, the successful results of a permissive referendum if necessary, a site analysis and assessment, an appraisal report, and a gift by the purchaser of Thirty Thousand Dollars ($30,000.00) to be credited against the proposed purchase price of Two Hundred Thousand Dollars ($200,000.00); and
WHEREAS, the Town Board is of the opinion that the acquisition of the subject property would be in the best interest of the future development of Town:
NOW, THEREFORE, BE IT: RESOLVED, that the Town of Whitestown shall acquire from Utica Realty Holdings, LLC, approximately 30.95 acres of vacant land located between Gibson and Judd Roads in the Town of Whitestown, Oneida County, New York, for a net purchase price of One Hundred Seventy Thousand ($170,000.00), subject to the terms, conditions and contingencies of an offer to purchase, a copy of which is attached hereto and made a part hereof; and it is further
RESOLVED, that the Town Supervisor be and he is otherwise authorized and directed to execute on behalf of said Town of Whitestown, copies of the attached offer to purchase for submission to Utica Realty Holdings, LLC for their consideration; and it is further
RESOLVED, that the Town Board shall conduct a public hearing with respect to the proposed acquisition on the 13th day of August 2003 at 7:00PM and in connection therewith the Town Clerk is directed to post and publish a notice thereof within (10) days of the adoption of this resolution, and it is further
RESOLVED, that this resolution is adopted subject to a permissive referendum pursuant to the application provisions of the Town Law, and in connection therewith, the Town Clerk, within ten (ten) days after the adoption of this resolution shall, as set forth in the Town Law, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution concisely stating the purpose and effect thereof.
All voted aye.
Motion carried.

OFFER TO PURCHASE

TO UTICA REALTY HOLDINGS LLC, OR THE OWNER OR PERSON WHO HAS THE RIGHT TO SELL THE PROPERTY DESCRIBED BELOW:

Property
The Town of Whitestown agrees to purchase for general town purposes, 30.95 acres of vacant land located between Gibson and Judd Roads in the Town of Whitestown, Oneida County and referred to as part of Parcel #316.000-1-2.1 as shown on the tax maps for the County of Oneida a copy of a portion of which showing the subject property is attached hereto.

Price
AT THE PRICE OF Two Hundred Thousand Dollars ($200,000.00), payable as follows:
Balance $170,000.00 to be paid at the time of closing and passing of deed.

Contingencies:
This offer is expressly contingent upon:
(1) BONDING AUTHORITY
The Town of Whitestown obtaining authorization to undertake short-term borrowing not to exceed $170,000.00, which authority shall be obtained on or before September 15, 2003.

(2) REFERENDUM
The successful results of any permissive referendum the Town Board for the Town of Whitestown may determine is required pursuant to the applicable provisions of state law, including but not limited to Section 220 of the Town Law or the applicable provision of the Local Finance Law, which referendum shall be conducted on or before September 15, 2003; and

(3) SITE ANALYSIS & ASSESSMENT
The Town obtaining a favorable site analysis and/or evaluation report from its consultants, on or before September 15, 2003. Said favorable analysis and/or evaluation report shall be obtained at Town expense, upon Seller providing immediate and reasonable access to the subject property. Should the Town receive a report that it considers unsatisfactory, it shall immediately notify the Seller through its attorney, Andrew S. Kowalczyk, and this offer shall be deemed null and void and of no further legal force and effect.

(4) APPRAISAL REPORT
The Town obtaining an appraisal report confirming the value of the subject property satisfactory to the Town Board. If the Town Board receives an appraisal report which it determines to be unsatisfactory, it shall immediately notify the Seller through its attorney, Andrew S. Kowalczyk, and this offer shall be deemed null and void and of no further legal force and effect. Such appraisal shall be obtained on or before September 15, 2003, and any notification of any unsatisfactory report shall be provided on or before such date, or this contingency shall be deemed waived by the Town of Whitestown.

(5) GIFT
The Seller making a gift of Thirty Thousand ($30,000.00) to the Purchaser to be applied as a credit against the purchase price.

(6) DEED RESTRICTION
The deed to be delivered to the purchaser shall provide that the Town agrees that it will not transfer the subject property for a period of two (2) years subsequent the closing.

In the event that any of the aforementioned contingencies are not satisfied, including specifically, in the event that the Town is unable to obtain the required bonding authority, a protest petition is filed as a result of any required referendum, or an unsatisfactory site analysis and/or evaluation is obtained, then this offer shall automatically become null and void, and the parties hereto will have no further claims or rights against one another.

Searches, Taxes, Easements, Zoning, Restriction, etc.
You are to deliver to the Town Attorney, at least five (5) days before closing, a sixty-year abstract of title and ten year search or tax receipts showing the property free and clear of all liens and encumbrances, including leases or the rights of any tenants except as herein set forth, pole and wire easements of record, subject to zoning ordinance and to any taxes for local improvements not now completed, and bankruptcy searches for all parties named in the chain of title during the past twenty years.

Closing Costs;
Sellers shall pay for the following closing costs: 1. Preparation of abstract of title to the property based upon sellers’ current abstract.
2. Current county tax search
3. Current bankruptcy search (if required by Town’s attorney).
4. Current franchise tax search.
5. Transfer tax.
6. Filing NYS Form TP 584.
7. Recording of any discharge of mortgage or recording of partial releases of mortgage on the property.

Each party hereto shall bear the expenses of their respective attorneys.

Closing;
Transfer is to be completed at the office of the Town Attorney, 1508 Genesee Street, Utica, New York 13501, or at such other mutually agreeable location, on or before September 30, 2003, or as soon

Deed;
thereafter as the abstracts can be brought to date. At that time you are to convey to the Town of Whitestown by Warranty Deed, good and marketable title to the property free of all liens and encumbrances, including leases or the rights of any tenants. The deed shall contain the following covenant which shall run with the land:

Adjustments;
Interest, insurance premiums, rents, and taxes shall be pro-rated and adjusted as of the date of closing. State, and County Taxes shall be adjusted and apportioned on a calendar year beginning January 1st, and ending December 31st. School Taxes outside the city shall be adjusted and apportioned for the fiscal year beginning July 1st, and ending the following June 30th.

Possession;
Possession of premises shall be delivered on passing of deed, except as provided for in contingency “(3)” above.

Risk of Loss;
The risk of loss or damage to the property by fire or other causes until the delivery of the deed is assumed by you.

Broker;
The Town represents that there is no broker in this transaction.

Authority;
This offer is made pursuant to a resolution made by the Town Board of the Town of Whitestown on the 16th day of July 2003.

Persons Bound;
This offer, when accepted shall be a binding contract. It shall bind the parties hereto and their respective executors, administrators, distributes, successors, and assigns.

Acceptance;
This offer shall be accepted on or before June 25th, 2003 (sic) or it shall be deemed null and void and of no further legal force and effect.

Dated: July 16, 2003
TOWN OF WHITESTOWN
By______________________
Matthew J. Shannon, Supervisor
Witness:__________________

ACCEPTANCE
The undersigned hereby accepts this offer, agrees to sell on the terms and conditions set forth.

Dated: July ___, 2003.
UTICA REALTY HOLDINGS LLC
Witness:___________________
By___________________________

Bond Resolution
July 16, 2003

Upon the Motion of Councilman Gibbs Seconded by Councilman Copperwheat
BOND RESOLUTION DATED JULY 16, 2003 OF THE TOWN BOARD OF THE TOWN OF WHITESTOWN, NEW YORK, AUTHORIZING GENERAL OBLIGATION SERIAL BONDS TO FINANCE CERTAIN PARK AND PLAYGROUND IMPROVEMENTS, AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES IN CONTEMPLATION THEREOF, THE EXPENDITURE OF SUMS FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the Town has duly complied with the requirements of the State Environmental Quality Review Act and the applicable regulations there under of the State of New York with respect to the purpose hereinafter described and the financing therefore and has issued its final determination and negative declaration with respect thereto: now therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF WHITESTOWN, NEW YORK (hereinafter referred to as the “Town”), by the favorable vote of not less than two-thirds of all of the members of such Board, as follows: Section 1. The Town of Whitestown shall undertake certain park and playground improvements including, without limitation, improvements to the Dunham Manor Playground, various site and other incidental improvements in connection therewith and the acquisition of original furnishings, equipment, or apparatus that may be required in connection therewith for such improvement and Town us, as well as, the acquisition of real property for general Town purposes (hereinafter referred to as “purpose”), and general obligation serial bonds in an aggregate principal amount not to exceed $500,000 and bond anticipation notes in anticipation thereof (and renewals thereof) of the Town are hereby authorized to be issued to finance said purpose.

Section 2. The estimate maximum aggregate cost of said purpose, which may include preliminary costs and costs incidental thereto and costs of the financing thereof, is estimated to be $500,000 and said amount is hereby appropriated therefore. The plan for financing of said purpose is to provide all of such maximum cost by issuance of obligations as herein authorized, to be offset and reduced dollar for dollar by the amount of grants or other contributions received, if any, presently estimated to be $100,000.

Section 3. It is hereby determined and declared that said purpose is one of the class of objects or purposes described in Subdivisions 19 (c), 21 and 91 of paragraph (a) of Section 11.00 of Local Finance law, and that the period of probable usefulness of said purpose is fifteen (15) years, (b) the proposed maximum maturity of said bonds authorized by this resolution will be in excess of five years, (c) current funds required to be provided prior to the issuance of the bonds or notes herein authorized, pursuant to Section 107.00 of the Local Finance Law, to the extent applicable, if any, will be provided, (d) the notes herein authorized are not issued in anticipation of bonds for an assessable improvement, and (e) there are presently no outstanding bond anticipation notes issued in anticipation of the sale of said bonds.

Section 4. The bonds and notes authorized by this resolution shall contain the recital of validity prescribed in Section 52.00 of the Local Finance Law and such bonds and notes shall be general obligations of the Town and all the taxable real property in the Town is subject to the Icvy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount.

Section 5. It is hereby determined and declared that the Town reasonably expects to reimburse the general fund, or such other fund as may be utilized, not to exceed the maximum amount authorized herein, from the proceeds of the obligations authorized hereby for expenditures, if any, from such fund that may be made for the purpose prior to the date of the issuance of such obligations. This is a declaration of official intent under Treasury Regulation 1.150-2.

Section 6. The power to further authorized the sale, issuance and delivery of said bonds and notes and to prescribe the terms, form and contents of said bonds and notes, including, without limitation, the consolidation with other issues, the determination to issue bonds with substantially level or declining annual debt service, all contracts for and determinations with respect to, credit or liquidity enhancements, if any, and to sell and deliver said bonds and notes, subject to the provisions of this resolution and the provisions of the Local Finance Law, is hereby delegated to the Town Supervisor, the Town’s chief fiscal officer. The Town Supervisor and the Town Clerk or Deputy Clerk are hereby authorized to sign by manual or facsimile signature and attest any bonds and notes issued pursuant to this resolution, and are hereby authorized to affix to such bonds and notes the corporate seal of the Town of Whitestown.

Section 7. The faith and credit of the Town of Whitestown, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds and 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.

Section 8. After compliance with Section 9 hereof, this resolution shall be published in full by the Town Clerk of the Town of Whitestown together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law, and such publication shall be in each official newsletter of the Town, in the manner prescribed by law. The validity of said bonds and bond anticipation notes issued in anticipation of the sale of said serial bonds, may be contested only if such obligations are authorized for an object or purpose for which said 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 9. This resolution is subject to a permissive referendum of the qualified electors of the Town of Whitestown, pursuant to Section 35.00 of Local Finance Law.

All voted aye.
Motion carried.

Upon the motion of Councilman Gibbs, seconded by Councilman Copperwheat, it is
RESOLVED, that the Town Board authorized the Supervisor to execute an agreement between the Town of Whitestown and the Whitestown Youth Association.
All voted aye.
Motion carried.

Upon the motion of Councilman Gibbs, seconded by Councilman Copperwheat, it is
RESOLVED, that the Town Board agrees to add the Whitestown Youth Association voucher to the July abstract.

All voted aye.
Motion carried.
Councilman Sullivan gave praise to the Town Attorney and Board members regarding the acquisition of the Gibson Road property.

Upon the motion of Councilman Gibbs, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board hereby authorized the payment of;
General Fund Bills (A) No. 656 - No. 751
General Fund Bills (B) No. 157- No. 189
Special Districts No. 7
Sewer Consolidation District No. 28 - No. 31
Water District # 1 Extension No. 101 – 103
Highway DA & DB No. 319 - No. 354
Dunham Manor Park No. 3
said abstract having been duly audited by the said Town Board thus authorizing the Supervisor to write checks for payment of the same.
All voted aye.
Motion carried.

TOWN CLERK’S MONTHLY REPORT FOR JUNE 2003
Paid to Supervisor for General Fund -- $545.50
Paid to Supervisor for Part Town Fund -- $3,115.00
Paid to NYS DEC for DECALS -- $153.53
Paid to County Treasurer for Dog Licenses -- $66.97
Paid to Agriculture & Markets for Dog $2.00
Paid to NYS Department of Health for Marriage Licenses -- $135.00
Paid to State Comptroller for Games of Chance Licenses -- $15.00
TOTAL DISBURSEMENTS -- $4,043.00

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 8:55PM.

Respectfully submitted,

Joanne Zegarelli
Town Clerk
Documents: