Town Of Whitestown
 Minutes 

August 13, 2003: Town Board Voucher Meeting

Body:
VOUCHER MEETING & PUBLIC HEARING
OF THE TOWN BOARD OF THE TOWN OF WHITESTOWN,
HELD ON WEDNESDAY, AUGUST 13, 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 @ 7:04

Other Town Officials Present:
William Schmitt, Town Attorney
Joanne Zegarelli, Town Clerk
Karl Schrantz, Town Engineer/MWH
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 7:02PM, roll call of board members, moment of silence and Pledge Allegiance to the Flag.

Upon the motion of Councilman Brooks, seconded by Councilman Copperwheat, it is
RESOLVED, that the Town Board hereby accepts the minutes from July 16, 2003.
All voted aye.
Motion carried.

The Supervisor discussed the growth of the recreational department in the past years. He also discussed the past negotiations that were had with the property owners adjacent to the Town Park. Supervisor Shannon stated that the opportunity has come for the Town to acquire land adjacent to the Town Park. This land may be used for the expansion of the Park. He further stated that with the Judd Road project coming through, it might be considered to have Town buildings moved to this location on Judd Road, such as the Police Department and the Town Courts. He stated that the acquisition of this property would dovetail with the Judd Road Project, the Department of Transportation and the contractors working with The Department of Transportation.

Upon the motion of Councilman Gibbs, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board opened the Public Hearing at 7:07PM pertaining to the proposed acquisition of property.
All voted aye.
Motion carried.

Town Clerk read legal notice.

Councilman Sullivan addressed the public. He spoke of the abundance of activity during the evening and the growth of the Town Park through the years. He spoke of the necessity for more fields; however, the language of the resolution is that of general town purposes. He spoke of the different programs that use the Town Park, such as soccer, football, etc. Councilman Sullivan stated that this would be good for the growth of the Town and that he is in favor of purchasing this property.

Councilman Brooks addressed the public. He mentioned the publishing of this Public Hearing in two newspapers and the press release regarding this to get the word out. He spoke of an article in the Association of Towns that stated the importance of preserving open areas and the advantages such as quality of life and increasing property value. He spoke of other favorable resolutions throughout the state regarding land acquisition. Councilman Brooks is anxious to hear from the community.

Councilman Copperwheat addressed the public. He stated that the Board has been working on this project for the past 12 years that he has been on the Board. He is delighted to see that it is finally going to happen and would like to open the floor to the public.

Councilman Gibbs addressed the public. He has been involved in the Whitestown AYSO Soccer program for over 10 years. He spoke of the many teams playing at once at the Dunham Manor Park. He stated with the purchase of this property that this would help in the crowding of the Dunham Manor Park, along with the traffic that development has during those practices. Councilman Gibbs stated that there would be a separate entrance on Judd Road going in and out of the Park to alleviate traffic on Gibson Road. He stated that this would be good for the growth of the town and the future of the youth in the community.

Supervisor Shannon opened the floor to the Public.

William Goodman, Wilcox Road, Whitesboro addressed the Board. He spoke of the late 1980’s in which he served on the Town Board. He stated that the Board was, for various reasons, unsuccessful in trying to purchase this property back then. He spoke of the growth of Whitestown and the need for this land. Mr. Goodman’s opinion is that this is a good investment for now and for the future.

John Lamb, Assistant Commissioner of Whitestown Youth Association addressed the Board. He read a letter from the Board of Directors in favor of the purchase of this land. He stated that it was a unanimous decision to support the acquisition of this property.

Joe Ficcaro, West Street, Whitesboro, addressed the Board. He spoke of his personal involvement in various sport programs. He stated he would like to see the Board complete the sidewalk project before beginning any other projects. His wife had fallen and was injured on Westmoreland Road. He stated that he has asked certain public officials for help without results. Councilman Sullivan gave a description of the projected sidewalk project and the sidewalks done in conjunction with the water project, stating that this cannot be done all at once. Discussion followed. Councilman Brooks stated he understood Mr. Ficcaro’s frustration and he is approached many times with residents who want more sidewalks.

Fred Burrows, Oriskany, addressed the Board. He asked what the interest the contractor with the Judd Road Project has with the acquisition of this property. The Supervisor stated that the Department of Transportation, through its specifications, has written into the bid specifications the Town’s intent to develop a piece of property between Judd and Gibson Road. The Supervisor further stated that the Town would like to have the contractor dump excess material on the site. This material would be used for the ball fields. The contactor would also level and clear trees on the Town’s site. They in turn would trade off labor for material. The Supervisor stated that at the time the only trade off proposed is a place for the contractor to dump excess material, if there is any excess material. Mr. Burrows stated that the contractor told him that the Town has offered a valuable material from this site to the contractor at no cost. He asked the Supervisor if that was true. The Supervisor responded by saying that the Contractor, D.E.C. and the D.O.T. has reviewed the site the Town is proposing to purchase and there may be a product on this site that meets the quality that the D.O.T. needs on this project. The Supervisor stated that there was no contract as of yet, and they are still in the discovery stage. The Attorney stated that the Town, by law, couldn’t gift any material or product to anyone. Mr. Burrows then asked what the Town would be getting in return. The Attorney stated that if there were any trade off, it would have to be equal. Mr. Burrows asked why the Town would allow this valuable material taken off the property, when the Contractor would also be dumping excess material. The Supervisor stated that when and if it gets to that stage, they would need to take council from their engineers. Mr. Burrows stated that his company has the exact same material that they would like to sell the contractor and is concerned about the financial effect it would have on his business. Mr. Burrows stated that it is his opinion that the excess fill the Town would be getting from the contractors would not be of good quality for buildings, roads, ball fields or parking lots. Discussion followed with other opinions and possibilities. The Supervisor concluded by saying that this is all still being explored and the Town has an obligation to the taxpayers to explore all the possibilities. He further stated that Mr. Burrows brought up many good points. Mr. Burrows still does not see the benefit the Town would receive by taking from this property and then having to fill the same. Councilman Sullivan suggested that if Lancaster Construction proposes an opportunity to the Town the same opportunity should be given to Burrows or any other company interested. Martin Herthum, Local Developer in Whitestown addressed the Board. He spoke in favor of installing as many water or sewer pipes as possible and also stated if the Town has an opportunity to buy land, it should. He stated that this would be a benefit for the future. Mr. Herthum recognized the growth of the area and is in favor of the Town purchasing this land. He also spoke of the other issues brought to the Board this evening and stated that he hopes the Board thinks about the long term effects their decisions are going to have.

Arnold Kaye, Superintendent of School addressed the Board. He thanked the Board for their letter inviting him to the meeting. It did not make the last School Board Meeting; therefore, he is at this meeting speaking on his own behalf. He thanked the Board for the use of the Town Park last spring during the renovation of the school’s ball field. He further stated that he is in full support of the expansion of the Town Park and feels that it would be an asset in the future.

There were no further comments relating to the Public Hearing

Upon the motion of Councilman Gibbs, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board closed the Public Hearing at 8:15PM.
All voted aye.
Motion carried.

Supervisor Shannon recognized Eric Celia from New York State Department of Transportation and invited him to speak on the Judd Road Project.

Eric Celia, Construction Supervisor for Judd Road Project introduced Fred Killman, Project Engineer on Site and representatives from Lancaster Construction, who has been awarded the bid for this project. Mr. Celia gave a description on what to expect when construction begins. He stated that the majority of the work would be done throughout the night so that it would be less disruptive for traffic. Questions and discussion followed.

Representative from Lancaster Construction addressed the board and public. He stated that most of the work would be away from residential areas. Night work for this project would go from 6:00PM to 4:00AM. There would be minimal work during daytime. They will be working under large lights and safety is their main priority. Additional discussion was had.

Public Comment
John Tanner, 26 Glenridge Road, addressed the Board. He stated that he received a call from the daughter of the Arcuri family and she stated to him that someone from the Town of Whitestown called to say the home that was subjected to arson on Glenridge Road would need to be demolished or the Town would have it done and the bill sent to the Arcuri family. He continued by saying that he was upset to hear about this and that the Arcuri’s were having difficulty with the insurance company. Phil Husted from the Codes Department stated that he has received phone calls inquiring about the house and what the procedure was for demolishing it. It was his understanding that the neighbors were complaining about the home still standing. Mr. Tanner assured him that was not the case. Mr. Husted has been in contact with the Arcuri family and answering their questions regarding a new home they plan on putting on the existing lot. He has driven by the property and has noticed that the lawn and area have been well maintained. The Supervisor told Mr. Tanner that the Town Board is very compassionate to the Arcuri family and would not rush this investigation in any way. Mr. Husted will call the insurance company and perhaps use his influence to move this along.

Committee Reports

Highway

Sal Granato addressed the Board. He stated that at the last meeting the Town accepted certain streets from Louis F. Kozlowski’s development. Stop signs would need to be erected. The Attorney stated that he would prepare the proper resolutions and have it ready for the next meeting. There would need to be a public hearing and a local law for this.

Police
Chief Wolanin addressed the Board. He asked for the following resolution regarding the Metro Drug Task Force.

Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board agreed to have the Town of Whitestown join the Metro Drug Task Force.
All voted aye.
Motion carried.

Police Commission
No report.

Codes
Phil Husted addressed the Board. He stated that he has prepared a monthly report, which is on file. He reported on some major commercial projects, such as the Bonide application. Also, the codes department has responded to various complaints. Mr. Husted acknowledge the #5 item on his report and amended that as a concern, not a complaint, relating to the fire on Glenridge Road. Discussion was had regarding consolidating the codes department with the villages.

Buildings & Grounds
No report.

Recreation
Jack DelMonte addressed the Board on behalf of Tom Moore. He asked for the following resolutions. Upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board agreed to reclassify the job description of Recreation Leader to Account Clerk in the Recreation Department Office.
All voted aye.
Motion carried.
Upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, discussion by Councilman Sullivan, therefore, it is
RESOLVED, that the Town Board approved to temporarily hire Andrea Semeniak as Account Clerk in the Recreation Department Office at a pay rate of $8.20 per hour.
All voted aye.
Motion carried.

Upon the motion of Councilman Gibbs, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board agreed to hire Hartgen Archeological Association, Inc., regarding the Dunham Manor Park grant application, to complete Phase 1B at a cost of $6,182.10.
All voted aye.
Motion carried.

Discussion was had regarding the new access road at the Dunham Manor Park.

Engineering
Karl Schrantz addressed the Board. Bids were received for the playground equipment and he will have a report for the next meeting. Regarding Water projects; contract-3 is near completion. Contractor is working on a sinkhole, contract-4 is complete and is expecting a credit, contract-5 cannot award until all easements are in. Regarding Water District #25, the Town Attorney will send a revised agreement to the Town of Westmoreland. Mr. Schrantz is applying for a grant for Phase II Storm Water. Precision Car Wash needs a new water line and discussion was had regarding left over piping from a previous project. The Attorney will prepare the necessary resolution.

Town Clerk
Joanne Zegarelli addressed the Board. She stated that New York State has raised the fee for marriage licenses from $25.00 to $40.00. Conservation licenses will go on sale August 18th and the Governor has signed new legislation allowing certain military the privilege of free licenses. The Clerk’s office has sent letters to all polling places and election inspectors for the primary election.

She had received a request from Jack Spaeth, Empire Zone Coordinator, asking the Town for a Shift of Operation Public Hearing regarding DDS Motorsports. Discussion followed.

Resolution
Motioned by Councilman Sullivan,
Seconded by Councilman Gibbs
WHEREAS, DDS Motorsports (DDS) formerly operated at 1420 Champlin Avenue in the Town of Whitestown, and
WHEREAS, building constraints have forced DDS to seek viable space elsewhere to accommodate their current needs; and
WHEREAS, extraordinary circumstances existed to warrant the relocation of DDS into the Utica Empire Zone at 1200 Oriskany Street West; and
WHEREAS, Pursuant to Section 959 (a) (iii) of the New York State Municipal Law, when a business moves from an area of municipality not designated as an Empire Zone into an area of a municipality that is designated as an Empire Zone, that municipality must hold a public hearing and pass a shift resolution authorized the relocation,
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Whitestown shall hold a public hearing on September 3, 2003 at 7:00PM at the Community Center in said Town to gather public comment on the relocation of DDS Motorsports from 1420 Champlin Avenue to 1200 Oriskany Street West in the City of Utica Empire Zone.
All voted aye.
Motion carried.

Personnel & Finance
Nancy Hartman addressed the Board and asked for the following. Upon the motion of Councilman Gibbs, seconded by Councilman Copperwheat, it is
RESOLVED, that the Town Board agreed to amend the current pre-tax premium plan to include both dental and health insurance premiums, retroactive to January 1, 2003.
All voted aye.
Motion carried.

New Business

Upon the motion of Councilman Sullivan, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board agreed to extend the resolution regarding the Chief of Police overtime to January 1, 2004.
All voted aye.
Motion carried.

Upon the motion of Councilman Sullivan, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board approved to closed the intersection of Garrett’s Grove and Bob’s Brae in Herthum Heights from 3 – 8 PM for a block party on August 23, 2003.
All voted aye.
Motion carried.

Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board approve to authorize $1,000.00 from the Veteran Fund to co-sponsor the Veteran’s Day Parade in the Village of Whitesboro.
All voted aye.
Motion carried.

Resolution
Final Acceptance of Construction Work Consolidated Water District No. 1 – Contract 4
Motioned by Councilman Gibbs
Seconded by Councilman Copperwheat

WHEREAS, the Town of Whitestown entered into a contract with Syracuse Constructors, Inc., on October 21, 2002 for the construction of water mains and appurtenances along portions of Westmoreland and Halsey Roads, and

WHEREAS, the outstanding punch list items have been completed to the satisfaction of the Town’s consulting engineer, Montgomery Watson Harza, therefore

IT IS RESOLVED, that the Town Board of the Town of Whitestown hereby declares the above described project to be complete and takes final acceptance of the work

All voted aye.
Motion carried.

Resolution
Change Order No. 2 – Adjustment of Final Contract Amount
Consolidated Water District no. 1 – Contract 4
Motioned by Councilman Gibbs
Seconded by Councilman Copperwheat

WHEREAS, the Town of Whitestown entered into a unit price contract with Syracuse Constructors, Inc., on October 21, 2002 for the construction of water mains and appurtenances along portions of Westmoreland and Halsey Roads in the Town of Whitestown, and

WHEREAS, the Original Contract Sum plus Change Order No. 1 for this project is $531,010.62 as stipulated in the executed contract, and

WHEREAS, the Final Contract Amount, based on actual installed quantities, is $502,189.52, and

WHEREAS, a credit in the amount of $28,820.80 is required from Syracuse Constructors to adjust the Contract Sum, therefore,

IT IS RESOLVED, that the Town Board will issue a Change Order in the amount of $28,820.80 (credit) to Syracuse Constructors, and

IT IS FURTHER RESOLVED, that the Town Board authorizes the Town Supervisor to execute the above described change order.

All voted aye.
Motion carried.

Resolution
Sidewalk Light Materials
August 13, 2003
Motioned by Councilman Brooks
Seconded by Councilman Gibbs
WHEREAS, a total of three (3) quotes were received by the Town of Whitestown on July 14, 2003 for the purchase of sidewalk lighting materials, and

WHEREAS, a materials purchase contract is to be awarded on the basis of the lowest and most responsible bidder, including accepted bid alternatives, and

WHEREAS, Mills Electric Supply submitted a unit price bid of $13,855.00 based on their unit prices for Luminaries, lamps/ballasts/photo cells, and Precast Concrete Light poles, and

WHEREAS, the project consulting engineering firm Montgomery Watson Harza has canvassed the bids and has determined that their quote is the lowest sum total of all quotes received, therefore,

IT IS RESOLVED, that the Town Board of the Town of Whitestown hereby awards a lighting materials purchase contract to Mills Electric Supply based on the purchase of the Luminaries, Lamps/ballasts/photo cells, and Precast Concrete Light Poles at the total unit price bid of $13,855.00 as stipulated in their quote, and

BE IT FURTHER RESOLVED, that the Town Board authorizes the town supervisor to execute necessary purchase orders/contracts with Mills Electric Supply for the above described materials.

All voted aye.
Motion carried.

Discussion was had regarding procedures on road closing; therefore, it was the consensus of the Town Board to re-adopt a new resolution regarding the road closing in Herthum Heights.

Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board agreed to cordon off the intersection of Garrett’s Grove and Bob’s Brae under the direction of the Chief of Police on August 23, 2003 from 3:00PM – 8:00PM.
All voted aye.
Motion carried.

Resolution
State Environmental Quality Review
Acquisition of real property located on Gibson Road
August 13, 2003
Motioned by Councilman Gibbs
Seconded by Councilman Sullivan

WHEREAS, the Town Board for the Town of Whitestown has taken under consideration the possible acquisition of approximately 30.95 acres of vacant land between Gibson Road and Judd Road which is to thereafter be developed for general town purposes (hereinafter referred to as the “action”) and

WHEREAS, in conjunction with the action, the Town Board has retained the services of Montgomery Watson Harza of Utica, New York, which has provided counsel to the Town Board concerning the action, including the preparation of a short Environmental Assessment Form in accordance with NYCRR, part 617;

WHEREAS, it appears the Town of Whitestown is the only involved agency in connection with the action and as such should act as lead agent in connection therewith; and

NOW, THEREFOR, BE IT: RESOLVED, that the Town Board for the Town of Whitestown hereby finds and determines that:

(a) It has considered the action and together with its engineers has reviewed the Environmental Assessment Form in light of the criteria set forth in 6 NYCRR Section 617.7(c), and has thoroughly analyzed the relevant areas of potential environmental concern and has duly considered all the potential project environmental impacts and their magnitude in connection with the proposed acquisition of land by the Town of Whitestown and has determined that

(b) Said action will not result in any large and important environmental impacts, and therefore, is one which will not have a significant impact on the environment, and, therefore a negative declaration will be prepared; and

(c) The reasons supporting this determination are set forth in the Environmental Assessment Form, a copy of which is attached to this resolution; and be it further

RESOLVED, that the Town Board for the Town of Whitestown, as lead agency with reference to the action hereby;

(a) Adopts a Negative Declaration pursuant to 6 NYCRR Section 617.7 with respect to the action; and

(b) Authorizes the Town Supervisor of the Town of Whitestown to sign a Negative Declaration Determination of non significance with respect to the action; and

(c) Authorized the Clerk to forward a copy of said Negative Declaration Determination of non- significance to the New York State Department of Environmental Conservation; and be if further

RESOLVED, that the aforementioned resolution shall take effect immediately.
All voted aye.
Motion carried.

Bond Resolution
August 13, 2003
Upon the Motion of Councilman Gibbs
Seconded by Councilman Sullivan

BOND RESOLUTION
DATED AUGUST 13, 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 Brooks, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board enter into executive session at 9:24PM to discuss collective bargaining and the acquisition of real property.
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 10:00PM.
All voted aye.
Motion carried.

Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board agree to obtain the profession services of an appraiser for the purposes of acquiring an appraisal with respect to the acquisition of real property on Gibson Road.
All voted aye.
Motion carried.

Upon the motion of Councilman Gibbs, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board hereby authorized the payment of;
General Fund Bills (A) No. 751 - No. 851
General Fund Bills (B) No. 191- No. 210
Special Districts No. 8
Sewer Consolidation District No. 32 - No. 33
Water District # 1 Extension No. 104 – 106
Highway DA & DB No. 355 – No. 405
Dunham Manor Park No. 4 – No. 6
Ice Arena Improvement No. 64 – No. 65
Sidewalk Construction No. 19
Water District 25 #27
said abstract having been duly audited by the Town Board thus authorizing the Supervisor to write checks for payment of the same, and it is further
RESOLVED, that no further business is to come before the Board, therefore the Town Board adjourned at 10:01PM.
All voted aye.
Motion carried.

TOWN CLERK’S MONTHLY REPORT FOR JULY 2003
Paid to Supervisor for General Fund -- $696.61
Paid to Supervisor for Part Town Fund -=- $2,416.00
Paid to NYS DEC for DECALS -- $102.02
Paid to County Treasurer for Dog Licenses -- $112.27
Paid to Agriculture & Markets for Dog Licenses -- $42.00
Paid to NYS Department of Health for Marriage Licenses -- $112.50
TOTAL DISBURSEMENTS -- $3,481.40

Respectfully submitted,

Joanne Zegarelli
Town Clerk