Town Of Whitestown
 Minutes 

May 04, 2005: Regular Town Board Meeting

Body:

PUBLIC HEARING AND REGULAR MEETING OF

THE TOWN BOARD OF THE TOWN OF WHITESTOWN,

HELD ON WEDNESDAY, MAY 4, 2005 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

In attendance @ 7:30PM   Daniel Sullivan                          Councilman



OTHER TOWN OFFICIAL PRESENT:

            William Schmitt                         Attorney

            Joanne Zegarelli                                    Town Clerk

            Sal Granato Highway Superintendent

            Karl Schrantz                                       Town Engineer

            Phil Husted                                           Codes Officer

            Donald Wolanin                                    Police Chief

            Tom Moore                                          Recreation Director

            Nancy Hartman                                    Finance/Personnel Director

            Diann Gerling                                        Assessor



The Supervisor called the meeting to order at 7:05PM. The Town Clerk took the roll call.  The Supervisor invited all in attendance to observe a moment of silence and recite the Pledge of Allegiance to the Flag.



Upon the motion of Councilman Gibbs, seconded by Councilman Copperwheat, it is

RESOLVED, that the Town Board accepts the minutes from the April 6, 2005 Town Board meeting.

All voted aye.

Motion carried.


Public Hearing - Amendments to Chapter 200 entitled “The Town of Whitestown Zoning Ordinance of 1980”.


The Supervisor opened the Public Hearing regarding the proposed zoning amendments.  Town Clerk Joanne Zegarelli read the notice.  Attorney Schmitt gave an explanation of the definitions of the amendments.  The Supervisor stated that the public hearing would be open until 7:45PM.


Committee Reports


Highway

Sal reported on a Sauquoit Creek Committee meeting and spoke about a permit needed from OCDPW to address the sidewalks on Westmoreland Road.  Sal requested an executive session regarding an employee.


Police

Chief Wolanin stated that Officer Mark Sojda has accepted a full-time position with the Village of New York Mills; however, the Chief stated that Officer Sojda would like to remain with the Town on a part-time basis.


Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is

RESOLVED, that the Town Board hire Officer Mark Sojda as a part-time Police Officer for the Whitestown Police Department.

All voted aye.

Motion carried.


Chief Wolanin stated that he has reviewed the laws pertaining to all terrain vehicle (ATV) use.


Chief Wolanin spoke of bill #S-157, which is in legislation that would give municipalities the authority to pass a local law to regulate fees for accident reports.


Resolution

Town of Whitestown Support of Bill #S-157

May 4, 2005

Upon the motion of Councilman Brooks, seconded by Councilman Copperwheat, it is

RESOLVED, that the Town of Whitestown is in favor of bill #S-157 that would give municipalities the authority to pass a local law regulating fees for accident reports, and it is

FURTHER RESOLVED, that Chief Wolanin will draft and send a letter to the appropriate officials indicating the Town of Whitestown’s support of this into law.

All voted aye.

Motion carried.


Police Commission

No report


Codes

Phil Husted stated that he has prepared a report of current complaints and reported on the status of building permits.


Buildings & Grounds

Recreation

No report


Engineering

Karl Schrantz stated he spoke to the Mohawk Valley Water Authority and reported on a permit application from the Town of Westmoreland regarding the Camelot Village water district.


Clerk

Town Clerk Joanne Zegarelli reported the following:

TOWN CLERK’S MONTHLY REPORT FOR APRIL 2005

Paid to Supervisor for General Fund                                                        556.69

Paid to Supervisor for Part Town Fund                                     1,618.00

Paid to NYS DEC for DECALS                                                             166.26

Paid to County Treasurer for Dog Licenses                                              114.80

Paid to NYS Department of Ag. & Markets for Dog Licenses        33.00

Paid to NYS Department of Health for Marriage Licenses                          90.00

TOTAL DISBURSEMENTS                                                          $2,578.75


Town Clerk Joanne Zegarelli also reported that Local Law #1-2005 was filed with the Department of State on April 11, 2005.


Personnel & Finance

Nancy Hartman reported that three town employees attended a training course in Microsoft Word and Microsoft Excel.


The supervisor reported that the Whitestown Senior’s anniversary party has been changed from the 19th to the 15th.


Public Comment

Michelle Roberts spoke about her concerns regarding the Planning Board’s actions relating to the property near her home.  Discussion continued between the Town Engineer, Town Attorney and Town Board regarding the current code and what authority the Town has at this time.


Dave Salsberg, Wilcox Road, Whitesboro asked for clarification of #1 relating to the Public Hearing amendments to zoning.  The Town Attorney gave an explanation.


New Business

Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is

RESOLVED, that the Town Board authorized Marianne Buttenschon, Clerk to the Whitestown Court, the authority to complete the application for the Justice Court Assistance Program Grant, and be it

FURTHER RESOLVED, that Court Clerk Marianne Buttenschon would be requesting $4,000.00 to further automate the court and provide funding for the court to establish an electronic transmission of fine collection such as credit cards.

All voted aye.

Motion carried.

Resolution

Amendment to Town’s Personnel Policy

May 4, 2005

Upon the motion of Councilman Copperwheat, seconded by Councilman Brooks, it is

RESOLVED, that the Town Board authorized the following changes to the personnel handbook to read:  “Section C. Leaves of Absence” at subsection “1” entitled “leaves of Absence With Pay” is amended to include the following subdivision:

“(e) DISCRETIONARY PERSONAL LEAVE FOR PUBLIC SERVICE AND TRAINING

Nothing herein shall be construed as prohibiting an administrative unit head from exercising their discretion and otherwise granting an employee leave upon such terms and conditions as the administrative unit head deems appropriate, to permit the employee to undertake public service activities, or to obtain training in connection with their employment with the Town.  The Town Board reserves the right to review the exercise of any such discretion by the administrative unit head.”

All voted aye.

Motion carried.


Upon the motion of Councilman Brooks, seconded by Councilman Copperwheat, it is

RESOLVED, that the Town Board close the public hearing at 7:40PM regarding the Amendments to Chapter 200.

All voted aye.

Motion carried.


Upon the motion of Councilman Gibbs, seconded by Councilman Copperwheat, it is

RESOLVED, the Town Board authorized the Supervisor to execute the Short Environmental Assessment Form regarding the Amendments to Chapter 200 entitled “The Town of Whitestown Zoning Ordinance of 1980”; declaring a negative declaration that the zoning modifications would not have an adverse environmental impact.

All voted aye.

Motion carried.



Resolution

Zoning Amendments

Section 200 of the Code of the Town of Whitestown

May 4, 2005

Motioned by Councilman Gibbs

Seconded by Councilman Copperwheat

WHEREAS, on its own motion and at the direction of the Town Board of the Town of Whitestown the Town’s Planning Board has undertaken a review of “The Town of Whitestown Zoning Ordinance of 1980” as amended, found at Section 200 of the Town of Whitestown (hereinafter referred to as the “Zoning Law”) to insure its compliance with the Town’s comprehensive plan duly adopted by resolution dated December 15, 1999; and

WHEREAS, the Planning Board has prepared proposed amendments to the Zoning Law to implement of the provisions of the Town’s comprehensive plan; and

WHEREAS, Article IX of Chapter 200 of the Code of the Town of Whitestown provides the procedure by which amendments are made to the Zoning Law, which requires, among other things, referral of any and all amendments to the Town’s Planning Board and County Planning Department in accordance with the applicable provisions of the General Municipal Law (Section 200-40), public notice and a hearing thereon as provided by law (Section 200-41) as well as compliance with the State Environmental Quality Review Act (Section 200-39); and

WHEREAS, notice of a hearing with respect to the amendments proposed by the Planning Board in accordance with Section 200-41 was duly published in the Observer Dispatch, and Rome Sentinel the official newspapers of the Town on April 22, 2005 and April 21, 2005 respectively and posted in accordance with state law; and further, in accordance with Section 264 of the Town Law; and

WHEREAS, said public hearing was held on May 4th, 2005 at 7:15PM at the Whitestown Community Center in said Town and all parties in attendance were permitted an opportunity to speak on behalf or in opposition to said proposed amendments to the Zoning Law; and

WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article VIII entitled the State Environmental Quality Review Act (SEQRA), the Town Board determined that it should act as lead agent with respect to assessing the environmental impacts of the proposed amendments to the Zoning Law, and has given notice to all involved agencies in connection therewith, and further, the Town Board, as lead agent, has determined that the adoption of the proposed amendments to the Zoning Law is a Type I Action and would not have a significant affect upon the environment, and could be processed by other applicable government agencies without regard to SEQRA; and

WHEREAS, the Oneida County Department of Planning recommended modifications to the proposed amendments to the Zoning Law which modifications were reviewed by the Planning Board, and incorporated or otherwise addressed by revisions to the amendments to the Zoning Law; and

WHEREAS, the Town Board of the Town of Whitestown after due deliberation finds it is in the best interest of the Town to adopt the amendments proposed by the Planning Board pursuant to Section 200-39 of the Town Code, and section 265 of the Town Law;

NOW, THEREFORE, BE IT:

RESOLVED, that Section 200-3 of the “Zoning Law” shall be amended so as to include the following definitions:

            “MINING, EXCAVATION – the extraction of overburden and minerals including any naturally farmed, solid located on or below the surface of the earth including peat and topsoil, from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location.  “Mining” shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavation in aid of agricultural activities.”

“TENANT – An occupant of land or premises who occupies, uses, and enjoys real property for a fixed time, usually through a lease arrangement with the property owner and with the owner’s consent.”

and be it further

RESOLVED, that all references in Schedule A of the “Zoning Law” to “See provisions of chapter regulating sand and gravel mining” are hereby deleted; and be it further

RESOLVED, that all references made in the Zoning Law” include but not limited to “Schedule A” thereof, to the terms “Excavation” and/or “Mining” and/or “Commercial Excavation” shall be amended so as to reference “Mining, Excavations,” and be it further

RESOLVED, that Section 200-8 (B) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(12) Change in any non-residential use or tenant

(13) Mining, excavations”

and be it further

RESOLVED, Section 200-9 (B) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(8) Change in any non-residential use or tenant

(9) Mining, excavations”

and be it further

RESOLVED, that Section 200-10 (B) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(6) Change in any non-residential use or tenant.”

and be it further

RESOLVED, that Section 200-12 (A) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(13) Change in any non-residential use or tenant.”

and be it further

RESOLVED, that Section 200-13 (A) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(10) Change in any non-residential use or tenant.”

and be it further

RESOLVED, that Section 200-14 (A) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(8) Change in any non-residential use or tenant.”

and be if further

RESOLED, that Section 200-15 (A) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(16) Change in any non-residential use or tenant.”

and be if further

RESOLVED, that Section 200-16 (A) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(6) Change in any non-residential use or tenant.”

and be if further

RESOLVED, that Section 200-17 (A) of the Zoning Law” shall be amended so as to include the following site plan review use:

“(6) Change in any non-residential use or tenant.”

and be if further

RESOLVED, that Section 200-18 (B) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(10) Change in any non-residential use or tenant.”

and be it further

RESOLVED, that Section 200-19 (A) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(9) Change in any non-residential use or tenant.”

and be it further

RESOLVED, that Section 200-20 (B) of the “Zoning Law” shall be amended so as to include the following site plan review use:

“(3) Change in any non-residential use or tenant.”

and be it further

RESOLVED, that Section 200-24 of the “Zoning Law” shall be amended as follows:

(1)         To include a new Section “A” subsection “(3)” to read as follows:

“(3) Application, Review and Other Fees – All applications for site plan review shall be accompanied by those fees as established by the Town Board by

resolution.”

(2)       To delete from Section (B), subsection “(4)” the following text:

“No further fee is required at the final site plan stage.”;

(3)        To amend Section “B” at subsection “(b)” to require unspent funds be        returned to the applicant within “thirty (30)” rather than five days.

(4)        To amend Section “B” at subsection “(d) [5]” to read as follows:

“[5] Grading drainage and Stormwater management plans showing existing and proposed contours.”

(5)        To amend section “B” at subsection “(d)” so as to   include the following:

“[23] Proposed building plans, elevations and indication of exterior building materials.”

(6)                To amend Section “D” at subsection (2) to read as follows:

“(2) During construction, the work shall be periodically reviewed by the Code Enforcement Officer, Highway Superintendent and/or Town Engineer for conformance with the approved site plan.”

and be it further

RESOLVED, that Section 200-29 (E) (6) of the “Zoning Law” shall be amended so as to read:

“(6) Restoration. Except in the cases of any one or two family dwelling unit whose primary use is a dwelling unit, any building devoted to a nonconforming use destroyed or damaged by fire, wind, explosion, structural failure or other natural cause to the extent of 50% or more of its true market value at the time of such damage, as adjusted from assessed value, based upon State Board of Equalization rates, shall not be repaired or rebuilt except in conformity with the provisions of this chapter.”

and be it further

RESOLVED, that Section 200-36 of the “Zoning Law” shall be amended so as to include the following:

“C.  All driveways must extend to a dedicated public road that has been constructed to the standards of the Town.  Under no circumstances shall a driveway be constructed to an undedicated public road or paper street.”

and be it further

RESOLVED, that a portion of the C-3 Retail Commercial District along Utica Street comprised of three parcels as reflected on the tax maps for the county of Oneida as parcels 290.000-1-41, 290.000-1-44.2 and 290.000-1-15 be rezoned to an R-100 Residence District.

and be if further

RESOLVED, that a summary and/or abstract of the amendments made to Chapter 200 of the Town Code be published once in the Town’s official newspapers, and upon receipt of the affidavit of publications thereof, the same is to be filed with the office of the Town Clerk in accordance with Section 264 of the Town Law; and be it further

RESOLVED, the Town Clerk is hereby directed to maintain a separate file for the amendments to the Zoning Law (including the revised map) referenced herein; and be it further

RESOLVED, that the amendments to Chapter 200 of the Town Code shall take effect ten (10) days after the publication of the aforementioned notice of adoption as directed herein.

All voted aye.

Motion carried.



Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is

RESOLVED, that the Town Board close public comment.

All voted aye.

Motion carried


Upon the motion of Councilman Gibbs, seconded by Councilman Brooks, it is

RESOLVED, that the Town Board enter into executive session at 7:41PM to discuss a personnel issue.

All voted aye.

Motion carried.


Upon the motion of Councilman Sullivan, seconded by Councilman Copperwheat, it is

RESOLVED, that the Town Board ended executive session at 8:29PM.

All voted aye.

Motion carried.




Upon the motion of Councilman Sullivan, seconded by Councilman Gibbs, it is

RESOLVED, that the Town Board enter into executive session at 8:29PM to discuss a proposed lease of real property when discussed publicly might affect the value.

All voted aye.

Motion carried.


Upon the motion of Councilman Gibbs, seconded by Councilman Sullivan, it is

RESOLVED, that the Town Board ended executive session at 10:02PM.

All voted aye.

Motion carried.


Upon the motion of Councilman Sullivan, seconded by Councilman Copperwheat, it is

RESOLVED, that the Town Board approved to extend the agreement between the Tri-Valley YMCA and the Town of Whitestown for 60 days, and it is

FURTHER RESOLVED, that the terms of the agreement will remain the same effective April 30, 2005 through June 30, 2005.

All voted aye.

Motion carried.


RESOLUTION

AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES ($100,000)

TO FINANCE THE RESURFACING OF ROADS

May 4, 2005


Councilman Gibbs, presented the following resolution and duly moved that it be adopted and was seconded by Councilman Copperwheat:

BOND RESOLUTION DATED MAY 4, 2005 OF THE TOWN BOARD OF THE TOWN OF WHITESTOWN, NEW YORK, AUTHORIZING GENERAL OBLIGATION SERIAL BONDS TO FINANCE THE RESURFACING OF ROADS, 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 hereby determines and finds the purpose hereinafter described to be a type II action under the State Environmental Quality Review Act and the applicable regulations promulgated thereunder (“SEQRA”), which will not have a significant impact on the environment and is not subject to any further environmental review under SEQRA; 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 the resurfacing of roads as more specifically described in Section 3 hereof.

            Section 2.         The Town of Whitestown is hereby authorized to expend up to $100,000 for such resurfacing, and the Town is authorized to issue its General Obligation Serial Bonds in an aggregate principal amount up to $100,000 pursuant to the Local Finance Law of the State of New York, in order to finance the purpose described herein.

            Section 3.         The specific object or purpose to be financed pursuant to this resolution (hereinafter described as “purpose”) is the resurfacing of roads and incidental improvements in connection therewith.

            Section 4.         It is hereby stated that (a) the estimated 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 $100,000 and said amount is hereby appropriated therefore, (b) no money has heretofore been authorized to be applied to the payment of the cost of said purpose, and (c) the plan for financing of said purpose is to provide all of such maximum cost by issuance of obligations as herein authorized.

            Section 5.         It is hereby determined and declared that said purpose is one of the class of objects or purposes described in Subdivision 20 and 89 of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is hereby restricted to five (5) years.

            Section 6.         The Town of Whitestown is hereby authorized to issue its Bond Anticipation Notes in an aggregate principal amount not to exceed $100,000, pursuant to the Local Finance Law of New York, in order to finance the purpose in anticipation of the issuance of the above-described Bonds.

            Section 7.         It is hereby stated that (a) there are presently no outstanding Bond Anticipation Notes issued in anticipation of the sale of said Bonds,  (b) the Bond Anticipation Notes authorized by this resolution shall mature within one (1) year from the date or their issuance or such later date as may be desired in accordance with the Local Finance Law, (c) such Bond Anticipation Notes are not issued in anticipation of Bonds for an assessable improvement, (d) the proposed maturity of the obligations authorized by this resolution will not be more than five years to be measured from the date of the Bonds or from the date of the first Bond Anticipation Note issued in anticipation of the sale of the Bonds, whichever date is the earlier, and (e) prior to the issuance of the Bond Anticipation Notes or Bonds herein authorized there will be provided the appropriate amount of current funds required by Section 107.00 of the Local Finance Law, if any.

            Section 8.         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 levy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount.

            Section 9.         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 10.       The power to further authorize 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 11.       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 12.       This resolution, or a summary hereof, 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 newspaper 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 13.       This resolution shall take effect immediately upon its adoption.

            The motion having been duly seconded, it was adopted and the following votes were cast:

Matthew J. Shannon                 Supervisor                    voted aye

Charles R. Gibbs, II                  Councilman                  voted aye

William Copperwheat               Councilman                  voted aye

Daniel Sullivan              Councilman                  voted aye

Brian Brooks                            Councilman                  voted aye

RESOLUTION

AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES ($320,000)

TO FINANCE THE ACQUISITION OF HIGHWAY EQUIPMENT

May 4, 2005

Councilman Gibbs presented the following resolution and duly moved that it be adopted and was seconded by Councilman Copperwheat:

BOND RESOLUTION DATED MAY 4, 2005 OF THE TOWN BOARD OF THE TOWN OF WHITESTOWN, NEW YORK, AUTHORIZING GENERAL OBLIGATION SERIAL BONDS TO FINANCE THE ACQUISITION OF HIGHWAY EQUIPMENT, AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES IN CONTEMPLATION THEREOF, THE EXPENDITURE OF SUMS FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.

            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 the acquisition of highway equipment as more specifically described in Section 3 hereof.

            Section 2.         The Town of Whitestown is hereby authorized to expend up to $320,000 for such acquisition, and the Town is authorized to issue its General Obligation Serial Bonds in an aggregate principal amount up to $320,000 pursuant to the Local Finance Law of the State of New York, in order to finance the purpose described herein.

            Section 3.         The specific object or purpose to be financed pursuant to this resolution (hereinafter described as “purpose”) is the acquisition of highway equipment, machinery and apparatus.

            Section 4.         It is hereby stated that (a) the estimated 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 $320,000 and said amount is hereby appropriated therefore, (b) no money has heretofore been authorized to be applied to the payment of the cost of said purpose, and (c) the plan for financing of said purpose is to provide all of such maximum cost by issuance of obligations as herein authorized.

            Section 5.         It is hereby determined and declared that said purpose is one of the class of objects or purposes described in Subdivisions 28 and 89 of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is hereby restricted to five (5) years.

            Section 6.         The Town of Whitestown is hereby authorized to issue its Bond Anticipation Notes in an aggregate principal amount not to exceed $320,000, pursuant to the Local Finance Law of New York, in order to finance the purpose in anticipation of the issuance of the above-described Bonds.

            Section 7.         It is hereby stated that (a) there are presently no outstanding Bond Anticipation Notes issued in anticipation of the sale of said Bonds,  (b) the Bond Anticipation Notes authorized by this resolution shall mature within one (1) year from the date or their issuance or such later date as may be desired in accordance with the Local Finance Law, (c) such Bond Anticipation Notes are not issued in anticipation of Bonds for an assessable improvement, (d) the proposed maturity of the obligations authorized by this resolution will not be in excess of five years to be measured from the date of the Bonds or from the date of the first Bond Anticipation Note issued in anticipation of the sale of the Bonds, whichever date is the earlier, and (e) prior to the issuance of the Bond Anticipation Notes or Bonds herein authorized there will be provided the appropriate amount of current funds required by Section 107.00 of the Local Finance Law, if any.

            Section 8.         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 levy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount.

            Section 9.         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 10.       The power to further authorize 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 11.       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 12.       This resolution, or a summary hereof, 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 newspaper 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 13.       This resolution shall take effect immediately upon its adoption.

            The motion having been duly seconded, it was adopted and the following votes were cast:

Matthew J. Shannon                 Supervisor                    voted aye

Charles R. Gibbs, II                  Councilman                  voted aye

William Copperwheat               Councilman                  voted aye

Daniel Sullivan              Councilman                  voted aye

Brian Brooks                            Councilman                  voted nay


Councilman Sullivan stated he wished the record to reflect that his late arrival was because he was at his uncle’s funeral in Port Chester, Westchester County.


There being no further business to come before the Board, upon the motion of Councilman Copperwheat and seconded by Councilman Gibbs, the meeting was adjourned at 10:07PM.

All voted aye.

Motion carried


Respectfully submitted,




Joanne Zegarelli

Town Clerk