Town Of Whitestown
 Minutes 

March 19, 2003: Town Board Voucher Meeting

Body:
VOUCHER MEETING OF THE TOWN BOARD
OF THE TOWN OF WHITESTOWN,
HELD ON THURSDAY, MARCH 19, 2003, 7:00 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
Daniel Sullivan, Councilman

OTHER TOWN OFFICIAL PRESENT:
William Schmitt, Attorney
Joanne Zegarelli, Town Clerk
Nancy Hartman, Personnel/Finance Director
Karl Schrantz, Town Engineer/MWH
David Neary, Codes Officer
Phil Husted, Codes Department
Donald Wolanin, Police Chief
Jack DelMonte, Foreman Bldgs./Grounds
Rose Kurczyk, Senior Director

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

Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board hereby accepts the minutes from March 05, 2003.
All voted aye.
Motion carried.

Supervisor Shannon addressed the Board, the public and the Coaches and members of the Whitesboro Hockey Team. He stated that they have brought an honor to their parents, school and Town that will be difficult to match.

Supervisor Shannon further stated that they are an inspiration to the mites and the midgets and it is an honor to be in the company of these celebrities tonight. He asked for the Board and dignitaries for comments before awarding the proclamations.

Councilman Brooks stated that the players and coaches did a great job. They put Whitestown on the map in a positive way, and he appreciates that along with the entire community. He thanked them all.

Councilman Gibbs congratulations to the players, coaches and the entire booster organization, stating they have made everyone proud.

Councilman Copperwheat congratulated the players. He stated that he has received many e-mails from across the state congratulating the team. He thanked the players and their parents.

Councilman Sullivan stated that they have achieved what most will never in a lifetime. He gave praise to the Whitesboro Hockey Team and Coaches for their recent victory as Division II, New York State Champions. He stated that they have made the community proud and offered a round of applause.

Councilman Gibbs read aloud a proclamation sent to the Whitesboro Hockey Team from Congressman Boehlert.

Legislator William Goodman gave praise to the Whitesboro Hockey Team and presented them with a Certificate of Congratulations.

Supervisor Shannon read a proclamation giving praise to the Whitesboro Hockey Team on behalf of the Town Board. Individual proclamations were given to each player and coaches.

A special proclamation was presented to Michael Dougherty on behalf of the Team for his dedication.

The Coach thanked the Booster Club and the Town Board for their support and the facility.

A standing ovation was given to the Team.

Bid Opening
The Clerk read the legal notice advertising for sealed bids for one (1) 2004 Model Year Motor Truck Cab & Chassis. The Clerk stated that three bid specs were picked up, however, only one was returned. Utica Mack, Inc. Marcy, NY returned a sealed bid on March 17, 2003 at 9:24AM. The sealed bid was opened and read aloud in the amount of $74,711.00.

Upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board hereby approved for the Highway Superintendent and Town Attorney to canvass the bid and award to the lowest responsible bidder.
All voted aye.
Motion carried.

Highway

Superintendent Sal Granato addressed the Board. He stated that the street sweeper is out during two shifts and green waste pick-up will start on Monday.

Councilman Sullivan gave praise to the Sal for cleaning up the dirt from the roadsides as a result of the plowing. Councilman Brooks gave praise and thanks to the Sal for his help to a Town resident who had basement flooding.

Police Department

Chief Donald Wolanin addressed the Board. He stated that the defensive driving course would be scheduled for next month. Also, he asked for Board permission to apply for a grant for bulletproof vests.

Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board gave permission to the Chief to apply for a grant for bulletproof vests.
All voted aye.
Motion carried.

Police Commission

Councilman Brooks stated that the Chief has provided a list of issues he is dealing with. One in particular is a draft of rules and regulations for the Police Department. He also read a letter from the Whitesboro Fire Chief giving praise to Officer Zabek regarding an emergency in which he assisted the Fire Department.

Councilman Sullivan gave praise to the police department regarding an incident handled by Officers Finn and Reilly.

Codes

Codes Enforcement Officer David Neary addressed the Board. He stated that the Elks Club project is moving along. Mr. Neary anticipates finishing reviewing the Bonide plans in a week. Also, he plans on reviewing an emergency plan for the Town.

Buildings & Grounds

Jack DelMonte addressed the Board. He has received two quotes for mowing town playgrounds. He is working on a third before asking for the Town for its consideration. Also, he has provided the Board with a sketch for their review of the community center regarding a proposed flooring project.

Recreations

Jack DelMonte addressed the Board on behalf of Tom Moore. He asked for the following. Upon the motion of Councilman Sullivan, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board gave permission for the Supervisor to sign an agreement between the Town and Regina and Archie Burton for professional services regarding the Mice on Ice program, cost not to exceed $950.00
All voted aye.
Motion carried.

Upon the motion of Councilman Copperwheat, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board hereby approved the Supervisor to sign an agreement between the Town and Whitestown Youth Hockey.
All voted aye.
Motion carried.

Discussion was had regarding releasing Kevin Todd from his lease. Tabled until next meeting.

Discussion was had regarding a program scheduled at the Community Center on April 5, 2003. This program is ‘Project Kid Care’ and will be conducted by the police in conjunction with Mutual of Omaha Insurance Company.

Upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board hereby approved the rated changes at the Community Center.
All voted aye.
Motion carried.

Engineering

Karl Schrantz addressed the Board. He stated that contractors would be starting the clean up phase on the water project. He and the attorney have prepared a draft of the municipal agreement regarding Water District 25, Suttliff Road, along with mapping for the Clark Mills/Bell Road extension. The Planning Board scheduled public hearings regarding Bonide and a proposed sub-division on Bell Road.

Town Clerk

Joanne Zegarelli addressed the Board. She stated that she has been on jury duty this past week. A digital copy of the Code from General Code has been received along with the printed copies. This will be distributed to all the necessary departments.

Personnel & Finance

Nancy Hartman addressed the Board. She stated that the Town is awaiting quotes for Insurance. Town Board minutes are now available on the Town’s Web Site and Planning Board and Zoning Board will soon be available also.

Seniors

Director Rose Kurczyk addressed the Board. She inquired about the availability of water at the Community Center.

Public Comment

No one addressed the Board, however, the Supervisor left the floor open.

New Business

The Supervisor announced the Town Hall Meeting with County Executive Ralph Eannace for April 12, 2003 from 11:00AM to 1:00PM at the Community Center.

The Supervisor asked the Board for a re-resolution to expand the Empire Zone benefit district. Discussion followed regarding an informational meeting being held at the County Building on the topic of the Empire Zone. The Town Board agreed to table this resolution awaiting information from the meeting at the County Building.

Councilman Gibbs stated that Karl Schrantz had drafted a letter to New York State Department of Transportation requesting their help in remediation of the Sauquoit Creek area from CSX Railroad Bridge up to Stewart Court. The Town does not have the necessary equipment for this project, which would include tree removal and dredging of the Creek. Also inquired in this letter is the possibility of changing or replacing the Oriskany Boulevard bridge that spans over Sauquoit Creek. The Village of Whitesboro’s Board would also sign this letter. Councilman Gibbs asked for Board approval to sign and send this letter.

Upon the motion of Councilman Gibbs, seconded by Councilman Brooks, it is
RESOVLED, that the Town Board hereby agree to sign and send the letter to Frank Gerace, Regional Director of NYSDOT along with the Village of Whitesboro as so stated above.
All voted aye.
Motion carried.

Luke Calenzo, Bayberry Lane, Whitesboro addressed the Board. He questioned who drafted this letter and for further explanation. Councilman Gibbs obliged.

Councilman Gibbs reminded the Board that the Vice President of Operations for CSX Railroad would be in Whitesboro on Friday addressing the maintenance issue at the CSX Bridge.

The Town Attorney gave a brief explanation regarding the following resolution.

RESOLUTION
Burrows Assessment Reduction
March 19, 2003
Motioned by Councilman Copperwheat
Seconded by Councilman Sullivan
WHEREAS, Frederick Burrows, Jr. (hereinafter “Burrows”) is the owner of a certain parcel of land commonly known as 138 Paradise Lane, Oriskany, New York, and described for the tax years 2001-2002 and 2002-2003 on the tax rolls of the Town of Whitestown as Parcel No. 276.000-1-33.4 with assessment of $298,000.00 (herein referred to as the “subject premises”); and
WHEREAS, Burrows has commenced a proceeding in the Supreme Court of the State of New York, County of Oneida, pursuant to Article 7 of the Real Property Tax Law to reduce the total assessment on his property for the tax year 2001-2002 and has grieved the assessment placed upon his property for the tax year 2002-2003, seeking a reduction in the assessment thereof to $165,000.00 (Index No. 01-0162); and
WHEREAS, the Town of Whitestown has appeared by William P. Schmitt, Esq., Town Attorney in defense of said petitions on behalf of the Town; and
WHEREAS, Burrows retained the services of Roefaro, Dickinson and Donato, (Porter S. Dickinson, Jr.) who provided a complete self-contained appraisal report of the subject property reflecting a total value thereof of $190,500.00; and
WHEREAS, the Town of Whitestown retained Galliher Appraisal Services (Robert Galliher) who provided a limited summary appraisal of the subject property reflecting its estimated market value to be between $258,300.00 to $280,800.00; and
WHEREAS, the parties have exchanged appraisals and the Town has undertaken a critique of the appraisal submitted by the petitioner; and
WHEREAS, in anticipation of a trial of this matter scheduled to commence on March 17, 2003, the parties entertained extensive negotiations, addressing the respective strengths and weaknesses of their respective positions and appraisals; and
WHEREAS, based upon such negotiations, the Town Attorney and Assessor believe that it would be in the Town’s best interest to settle this matter without the necessity of a formal trial by a reduction in the assessment against the subject property from $298,000.00 to $258,300.00 so as to avoid the cost and expense of trial, and the attendant uncertainty of outcome associated therewith; and
WHEREAS, it appears to be in the best interest of the Town of Whitestown to seek Court approval pursuant to Section 68 of the Town Law to reduce the total assessment on the subject property for the aforesaid tax years from $298,000.00 to $258,300.00 without the payment of interest on any refunds generated as a result thereof;
NOW, THEREFORE, BE IT: RESOLVED, that the Town Supervisor and/or Town Attorney be and they hereby are authorized to petition the Supreme Court, State of New York, Oneida County, for approval of said Court to reduce the total assessment on the subject property owned by Burrows from $298,000.00 to $258,300.00 for the tax year 2001-2002 and 2002-2003 and to otherwise authorize the payment of refunds without the computation of interest thereon; and be it further
RESOLVED, that the Town Supervisor and/or Attorney be authorized to execute a Stipulation of Discontinuance and/or other such documentation to effectuate the intent of this resolution, and the settlement of the aforementioned claim
All voted aye.
Motion carried.

The Town Attorney gave a brief explanation of the following resolution.
RESOLUTION
Fiber Instrument Sales, Inc. Assessment Reduction
March 19, 2003
Motioned by Councilman Gibbs
Seconded by Councilman Copperwheat
WHEREAS, Fiber Instrument Sales, Inc. (hereinafter “FIS”) is the owner of certain parcels of land located in Oriskany, New York, and described for the tax year 2002 on tax rolls of the Town of Whitestown as Parcel Nos. 290.000-2-8.1, 290.000-2-8.3 and 290.00-2-9.2 with assessment of $30,000.00. $714,000.00 and $2,385,300.00 and respectively; and
WHEREAS, FIS has commenced three (3) proceedings in the Supreme Court of the State of New York, County of Oneida, pursuant to Article 7 of the Real Property Tax Law to reduce the total assessments on said parcels for the tax year 2002 to $10,000.00, $400,000.00 and $1,000,000.00 respectively (in proceedings bearing Index Nos. CA-2002-001760, CA-2002-001761 and CA-2002-001762 respectively); and
WHEREAS, the Town of Whitestown has appeared by William P. Schmitt, Esq., Town Attorney in defense of said petitions on behalf of the Town; and
WHEREAS, FIS and the Town jointly agreed to retain the services of Galliher Appraisal Service to provide professional assistance in valuing the properties and reaching an agreed upon assessment for the parcels based upon their market values, which services included an on-site inspection of the parcels with the Town’s Assessor, Diann Gerling, the preparation of an appraisal report and conferences with the attorneys representing the petitioner and the Town; and
WHEREAS, the Assessor based upon her physical inspection of the parcels and the improvements located thereon, the recommendations received from Galliher Appraisal Service, including an appraisal report reflecting the market values of comparable properties, and to avoid the expense of litigating this matter with the attendant uncertainty associated therewith, is of the opinion that it would be in the Town’s best interest to reduce the assessments of the parcels as follows:
Parcel No. Current Assessment Claimed Assessment Proposed Assessment
290.000-2-8.1 $ 30,000.00 $ 10,000.00 $ 30,000.00
290.000-2-8.3 $ 714,000.00 $ 400,000.00 $ 460,000.00
290.000-2-9.0 $2,385,300.00 $1,000.000.00 $1,440,000.00 and
WHEREAS, William P. Schmitt, as Town Attorney has appeared before the Board and presented information concerning the proposed settlement including the terms and conditions relating to the payment of refunds without interest, and on behalf of the Oriskany Central School District which failed to formally intervene in the Article 7 proceedings, the repayment of refunds by way of a credit to be applied to the school taxes due for the 2003-2004 and 2004-2005 school years so as to minimize the impact on the District’s budget, as well as information pertaining to the scheduling of a trial date by the Court so as to encourage settlement; and
WHEREAS, it appears to be in the best interests of the Town of Whitestown to seek Court approval pursuant to Section 68 of the Town Law to reduce the total assessment on the petitioner’s parcels as described aforesaid for the tax year 2002;
NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor and/or Town Attorney be and they hereby are authorized to petition the Supreme Court, State of New York, Oneida County, for approval of said Court to reduce the total assessment on the petitioner parcels as follows: Parcel No.
Current Assessment New Assessment
290.000-2-8.1 $ 30,000.00 $ 30,000.00
290.000-2-8.3 $ 714,000.00 $ 460,000.00
290.000-2-9.0 $2,385,300.00 $1,440,000.00
and upon receipt of said Court approval to authorize the Town Assessor to reduce said assessments to said sums for the tax year 2002; and be it further
RESOLVED, that the Town Supervisor and/or the Town Attorney be authorized to execute a stipulation of discontinuance and/or such other documentation to effectuate the intent of this resolution, and the settlement of the petitioners’ claim.
All voted aye.
Motion carried.

The Town Attorney gave a brief explanation of the following resolution.
RESOLUTION
Accepting Deed of Dedication Amber Crossing subdivision/Ben Bar Circle
March 19, 2003
Motioned by Councilman Sullivan
Seconded by Councilman Brooks
WHEREAS, in or about 1996, the Planning Board for the Town of Whitestown approved a subdivision developed by Zimecki-Donovan of Oriskany, New York, commonly known as “Amber Crossing”, consisting of 55 lots suitable for the construction of single family homes; and
WHEREAS, a substantial number of homes have been constructed within the Amber Crossing subdivision to which services have been provided by the Town, notwithstanding ongoing negotiations with the developer to insure compliance with the Town’s subdivision regulations as set forth in Chapter 175 of the Code of the Town of Whitestown; and
WHEREAS, the Town has heretofore refused to accept the roadways within the Amber Crossing subdivision for dedication until such time as the final paving therein had been completed; and
WHEREAS, serious questions have arisen concerning the continued financial vitality of the subdivision, and the propriety of the Town providing services therein in the absence of the acceptance of the roads for dedication; and
WHEREAS, in order to address the needs of the parties and the residents of Amber Crossing, it appears to be in the best interest of all concerned that the roads within the Amber Crossing subdivision be accepted for dedication in their present condition without further delay; and
WHEREAS, to encourage the Town to accept the roadways within Amber Crossing, the developer is agreeable to making a financial contribution of up to $25,000.00 which is in excess of the previous tendered to the Town to cover the then estimated costs of completing the final paving ($8,000.00), so as to encourage their acceptance without further delay, and the Town is willing to accept such contribution, in an effort to avoid the potential cost, expense and attendant uncertainty of outcome associated with litigating the amount to be paid and/or the current status of such roadways; and
WHEREAS, the Town has been provided with a description of a portion of the road to be conveyed, a current forty (40) year abstract of the developed parcels, releases of all liens that exist against the roadway to be accepted for dedication, a subdivision map which has been previously approved by the Town’s Planning Board and filed in the office of the Oneida County Clerk, all in compliance with Section 175-42 of the Code of the Town of Whitestown; and
WHEREAS, the Town Attorney has completed his examination of title and reported to the Town Board, and the Town Board has consulted with both the Highway Superintendent and Town Engineer concerning the issues pertaining to the subdivision and the acceptance of the roadways therein for dedication;
NOW, THEREFORE, BE IT: RESOLVED, that the Town Board of the Town of Whitestown hereby agrees to accept the deed of dedication, a copy of which is attached hereto, describing the roadway commonly known as Ben-Bar Circle in the Amber Crossing subdivision located in said Town, and further directs that the Town Attorney to attend to the recording of the original deed of dedication in the office of the Oneida County Clerk; and be it further
RESOLVED, that the Town Supervisor be, and he is hereby authorized to execute an agreement with Joseph J. Zimecki, III regarding the contribution to be made totaling $25,000.00 toward the final paving of the roadway in the Amber Crossing subdivision, a copy of which is attached hereto.
All voted aye.
Motion carried.

Upon the motion of Councilman Gibbs, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board hereby approved to execute an agreement between the Receiver of Taxes/Village of Whitesboro/Town of Whitestown, and the Receiver of Taxes/Village of Yorkville/Town of Whitestown for the collection of village taxes.
All voted aye.
Motion carried.

Councilman Brooks stated that he would like to allocate $1,900.00 remaining in the Town Boards budget for training and seminars to be used for the pay of Joanne Fadrowski as Clerk Typist. Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board appointed Joanne Fadrowski as Clerk Typist at the pay rate of $11.00 per hour.
All voted aye.
Motion carried.

Councilman Gibbs stated that articles for the next newsletter are due by April 2, 2003.

The purpose of the meeting was for the Town Board to review and approve vouchers for payment.

Upon the motion of Councilman Copperwheat, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board hereby authorized the payment of;
General Fund Bills (A) No. 251 through No. 363
General Fund Bills (B) No. 37 through No. 74
Special Districts No. 3
Sewer Consolidation District No. 9 through No. 13
Dunham Manor Park No. 1
Water District # 1 Extension No. 92 through 93
Highway DA & DB No. 96 through No. 146
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 Town Board upon the motion of Councilman Gibbs, seconded by Councilman Brooks, the meeting was adjourned at 8:04PM.
All voted aye.
Motion carried.

Respectfully submitted,

Joanne Zegarelli
Town Clerk