Town Of Whitestown
 Minutes 

January 15, 2003: Town Board Voucher Meeting

Body:
VOUCHER MEETING OF THE TOWN BOARD
OF THE TOWN OF WHITESTOWN, HELD ON
WEDNESDAY, JANUARY 15, 2003 @ 7:00 PM
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

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/Buildings & Grounds
Phillip Husted, Codes Department

The Supervisor opened the meeting at 7:00 PM, roll call, moment of silence, Pledge Allegiance to Flag.

The Town Clerk stated that because she has been working alone for the past 2 weeks, the minutes from the previous meeting are not available. They will most likely be ready for review by the next meeting.

Committee Reports

Highway
Sal Granato addressed the Board. He stated that all is well at the Highway Department.

Police Commission
Councilman Brooks stated that the Chief has been in contact with The Utica Curling Club. They will be hosting the US Curling Association National Championship from March 1st to March 8th. The Chief along with the Police Department will be taking charge of traffic control for this event. Councilman Brooks further discussed the recent criminal mischief within the Town regarding 2 suspects who have been arrested for shooting out windows in cars and homes. This crime spree created approximately $30,000.00 of damages. He gave praise to all the police agencies involved and the citizen who assisted.

Councilman Sullivan stated that there is a shortage of part and full time police officers. He asked for input regarding going out of the Town recruiting certified and qualified officers. It was the consensus of the Board to look outside of the Town after exhausting the Whitestown resident list. Discussion followed.

Police
Chief Wolanin addressed the Board. He reiterated what Councilman Brooks stated regarding the criminal mischief. The investigation went very well and the most important piece of evidence was the citizen involvement in getting a partial plate number. This citizen will be recognized for their help. Regarding the officer shortage; he stated that after interviewing and considering 17 applicants for a previous position, not many were qualified. His opinion is also to first exhaust Town residents, and then seek outside applicants.

Codes Department
Phil Husted addressed the Board. He stated that both the Utica Curling Club has contacted him and Hippo’s to establish capacity of the building. This past week he attended a fire and code training class. During that class he learned that his title should be clarified as either an officer or official. This determines what responsibility and authority he holds. Also, the issue of whether he could be personally sued when working on behalf of the Town. The attorney stated that in order to establish his title, this should be done with a local law. Also, is respect to his liability in acting on behalf of the Town, it is his opinion that he could not be personally sued. Local law that falls under the public officers indemnification determines this. The attorney will check to see if that is already in place for the Town. If not, he will recommend to the Board to do so. Mr. Husted will be drafting a report to the Board regarding an overview of the added codes with respect to the responsibilities of the codes enforcement officers.

Recreation
The issue of the fee schedule was tabled to the next meeting.

Buildings & Grounds
Jack DelMonte addressed the Board. He presented a written report and referenced the water line, sidewalks and ice rink. This report is on file at the Clerk’s office.

Upon the motion of Councilman Sullivan, seconded by Councilman Brooks, it is
RESOLVED , that the Town Board accepts the written report as presented.
All voted aye.
Motion carried.
Engineering
Karl Schrantz addressed the Board. Regarding the water line; he is waiting for final test results from the water board. The contractors will return after the snow. Discussion was had regarding Phase II Stormwater Regulations.

Clerk
Joanne Zegarelli stated that it has been very busy at the Clerk’s office. Unfortunately, the minutes were not complete because of being short handed for the past 2 weeks. The Clerk concentrated on processing all the vouchers for tonight’s meeting. She stated that she was the first clerk in approximately 20 years to do vouchers, other than Chris Kobielski. She stated that she is continuing to work on the code update with General Code Publishers. Some research has been needed.

Councilman Brooks addressed the Board. He asked the Board to consider a couple of possibilities regarding a staffing shortage that exists. He stated that a registrar was appointed to alleviate some of the workload from the Clerk’s office. Councilman Brooks suggested that the Board think about appointing a record access officer to help with the daily activities, possibly outside of that office. After reviewing the budget, he stated that there is approximately $11,000.00 for a part-time, clerk typist position and perhaps the Board should consider that position. Councilman Brooks further suggested hiring someone for 18 hours a week and taking away the two above mentions assignments. This would relieve the Town in having to pay benefits if the hours remain under 20 a week.

The Clerk stated that the need in the Clerk’s office is for a Deputy Clerk. There is not a need for a clerk typist and for the suggestion of a records access officer, she did not know how that would work, since it always was the Town Clerk and all records are in that office. The Supervisor interrupted the Clerk at that time, stated that it was the recommendation of council, and will work it through the Board. He stated that it was not a debate on that and by default would work through committee and take care of the loose ends at juncture.

Personnel & Finance
Nancy Hartman addressed the Board. She stated that corrections needed to be made regarding the adopted wages for 2003. They are as follows; Paul Scarbach, MEO @ $14.63, Richard Maynard and Donald Mullan, part-time sewer maintenance workers @ $1,328.00, and Mark Sojda, part-time police officer trainee @ $10.18.
Upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, it is
RESOLVED , that the Town Board approve the wage corrections as so stated above.
All voted aye.
Motion carried.

Upon the motion of Councilman Sullivan, seconded by Councilman Gibbs, it is
RESOLVED , that the Town Board approved the Supervisor to execute the two contracts with MVP regarding health coverage to the Town.
All voted aye.
Motion carried.

Public Comment
Mary Plado, Woods Highway, Whitestown addressed the Board. She stated that her water situation remains the same. She asked the Board to keep in mind her problems and continue with the water extension. The Supervisor asked the Board for the following resolution regarding the Consolidated Water District No. 1, Contract 5.

CONSOLIDATED WATER DISTRICT NO. 1 – CONTRACT 5
FINAL DESIGN SERVICES
MONTGOMERY WATSON HARZA


Motioned by Councilman Sullivan
Seconded by Councilman Brooks
WHEREAS , there is a documented need for public water service within the area defined as Extension No. 2 of the Consolidated Water District No. 1 and,
WHEREAS , it is the intent of the Town Board to assist residents living in this area of the town by constructing public water mains along Clark Mills Road, Westmoreland Road, Bell Road, and Woods Highway within the area bounded by the limits of Extension No. 2 within the Consolidated Water District No. 1 and,
WHEREAS , Montgomery Watson Harza has submitted a proposal to the Town of Whitestown to provide Final Design Services to prepare plans and specifications and other associated tasks as defined in their proposal dated January 13, 2003, therefore,
IT IS RESOLVED , that the Town Board hereby authorize Montgomery Watson Harza to provide Engineering services to the Town of Whitestown associated with the preparation of plans and specifications for the extension of municipal water in accordance with their proposal dated January 13, 2003, and be it
FURTHER RESOLVED , that the Town Board of the Town of Whitestown authorized the Supervisor to execute a contract amendment with Montgomery Watson Harza for the above described services. Upon a roll call vote, the following voted;
Supervisor Shannon --- Aye
Councilman Gibbs --- Aye
Councilman Copperwheat --- Aye
Councilman Brooks --- Aye
Councilman Sullivan --- Aye
Motion carried.

Old Business

Upon the motion of Councilman Sullivan, seconded by Councilman Gibbs, it is
RESOLVED , that the Town Board approved for Councilman Copperwheat to act as a voting delegate and alternate delegate for the Town of Whitestown at the Association of Towns Meeting to be held in New York in February.
All voted aye.
Motion carried.
New Business

Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is
RESOLVED , that the Town Board hereby approve for the Village of Oriskany to borrow one voting machine for their village election held on March 18, 2003.
All voted aye.
Motion carried.
Dunham Manor Park
Contract for Archeological Services January 15, 2003


Motioned by Councilman Gibbs
Seconded by Councilman Copperwheat
WHEREAS , the Town of Whitestown intends to expand and improve the existing Dunham Manor Park utilizing funds secured through a grant from the New York State Office of Parks, Recreation and Historic Preservation (NYS Parks), and
WHEREAS , NYS Parks requires that as a condition of receipt of funding that a Phase IA Archeological Assessment to be performed prior to the start of any construction, and
WHEREAS , the Town of Whitestown solicited proposals for professional services from three archeological firms to perform the required Phase IA services, and
WHEREAS , a proposal was received from Hartgen Archeological Associated (dated December 2002) while the other two firms (Collamer & Associates and Edward V. Curtin) declined to submit proposals, and
WHEREAS , the Hartgen proposal was reviewed by the Town’s consulting engineer (MWH) and they determined the proposal to be complete and the cost reasonable, therefore
IT IS RESOLVED , that the Town Board hereby authorizes the award of an Archeological Services contract to Hartgen Archeological Services, Inc. to perform a Phase IA Archeological Assessment at their lump sum fee of $3,985.60 as stated in their proposal, and be it
FURTHER RESOLVED , that the Town Board authorized the Supervisor to execute the appropriate contract documents with Hartgen Archeological Associates for the above described services.
All voted aye.
Motion carried.

A suggestion by Councilman Brooks was to send a letter from MWH to the Dunham Manor Association updating them on this project.

Councilman Sullivan addressed the board and gave an update regarding the YMCA. He stated that the executive committee would be meeting at 12:30 this Friday at the Community Center to discuss possible site locations. Also, on Thursday, January 23rd at 6:30 the full committee will be meeting to decide on a YMCA location. He stated that he expects a site to be picked at that meeting. Results will be released at that time of a survey that the YMCA and the committee had formulated. Steve Hartnick will discuss stages of the fund raising campaign. An explanation of some of the survey results was had.

Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is
RESOLVED , that the Town Board hereby agree to enter into executive session at 7:45 PM for the purpose of discussing a personnel issue.
All voted aye.
Motion carried.
Upon the motion of Councilman Brooks, seconded by Councilman Copperwheat, it is
RESOLVED , that the Town Board agreed to end executive session at 8:11 PM.
All voted aye.
Motion carried.

Discussion was had regarding the overtime that has been incurred by the Chief of Police, Donald Wolanin. Councilman Brooks asked the attorney to draft a resolution to compensate the Chief for his overtime. It reads as follows.

RESOLUTION
Motioned by Councilman Brooks
Seconded by Councilman Sullivan

WHEREAS , the recent resignation and transfer of a number of officers, including two (2) full time officers, from the Town of Whitestown Police Department, has resulted in extreme difficulties in filling shifts and providing necessary police protection throughout the Town; and
WHEREAS , the work load faced by the Police Department, as evidenced by the most recent investigation of vandalism occurring within the Town, underscores the need for a full compliment of officers to be on duty to address public safety issues as they arise; and
WHEREAS , to address the vacancies within the department, the Town has advertised to fill the positions, and is contemplating a modification to its policy requiring the employment of police officers who are residents of the Town, so as to include residents of the County of Oneida, so as to insure a larger pool of qualified candidates for such positions; and
WHEREAS , in accordance with the terms and conditions of the most recent Collective Bargaining Agreement between the Town and the Police Benevolent Association, the Union representing the Town’s officer’s, all required offers of shift changes and/or overtime to the officers have been made and exhausted; and
WHEREAS , in the absence of officers available to fill shifts, and to insure necessary police protection coverage for the Town, Chief Donald Wolanin has been required to work various shifts to insure a full compliment of officers is on duty; and
WHEREAS , the position of chief of police is a salaried position and as a result, pursuant to the Town’s Personnel Policies, he would be excluded from receiving additional compensation except in emergencies as authorized by the Town Board; and
WHEREAS , upon the recommendation of the Town’s Police Commission, so as to insure the public’s safety and adequate police protection for the Town, and to address the inequities imposed upon Chief Wolanin by the current situation, the Town Board is of the opinion that Chief Wolanin should be compensated at his normal hourly rate for the additional time he is required to work, until such time as the vacancies within the department have been filled, and/or until April 2, 2003, at which time the Town Board will again review the situation, whichever event should first occur; and
NOW, THEREFORE, BE IT:
RESOLVED , that the Chief Donald Wolanin is authorized to be paid, in addition to his annual salary, additional compensation, computed at his normal hourly rate, for all additional time which his 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, until such time as the vacancies within the department have been filled, or until April 2, 2003, at which time the Board will again review this resolution, whichever even should first occur.
Upon the question of the adoption of the foregoing resolution, all voted aye. Motion carried.

The purpose of the meeting was for the Town Board to review and approve vouchers for payment.
Upon the motion of Councilman Sullivan, seconded by Councilman Copperwheat, it is
RESOLVED , that the Town Board hereby authorized the payment of;
General Fund Bills (A) No. 1 through No. 100
General Fund Bills (B) No. 1 through No. 12
Special Districts No. 1
Sewer Consolidation District No. 1 through No. 4
Landfill Closure Phase 2 No. 206
Water District # 1 Extension No. 87
Highway DA & DB No. 1 through No. 41
said abstract having been duly audited by the said Town Board thus authorizing the Supervisor to write checks for the payment of the same.
All voted aye.
Motion carried.

There being no further business to come before the Board, upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, the meeting was adjourned at 8:13 PM.

Respectfully submitted,

Joanne Zegarelli
Town Clerk