VOUCHER MEETING & PUBLIC HEARING
OF THE TOWN BOARD OF THE TOWN OF
WHITESTOWN, HELD ON WEDNESDAY,
JUNE 16, 2004@ 7:00 PM AT THE
COMMUNITY CENTER IN SAID TOWN
Town Board Members Present:
Matthew ShannonSupervisor
Charles R. Gibbs, IICouncilman
William CopperwheatCouncilman
Brian BrooksCouncilman
Daniel SullivanCouncilman
Other Town Officials Present:
William SchmittTown Attorney
Joanne ZegarelliTown Clerk
In attendance @ 8:01PMSal GranatoHighway Superintendent
Nancy HartmanPersonnel/Finance Director
Jack DelMonteForeman/Bldgs. & Grounds
Phillip HustedCodes Officer
Karl SchrantzTown Engineer/SCE
Donald WolaninPolice Chief
The Supervisor opened the meeting at 7:04PM, roll call and moment of silence. Pledge Allegiance to the Flag.
May 5, 2004 Minutes of the Town Board
Upon the motion of Councilman Sullivan, seconded by Councilman Gibbs, discussion was had by Councilman Sullivan relating to page 2 (two) referencing the Police Commission meetings, stating he meant to say that when the Police Commission met, it was usually executive session items and if any public is in attendance they would be asked to leave, further discussion was had by Supervisor Shannon stating at that meeting the Town Board asked the police to escort a person out and the supervisor requested that be noted in the minutes and to include the name. The Clerk stating that previously the Town Board has voted to remove entire pages from prepared minutes when a person who was upset addressed the Town Board. The Clerk cautioned the Board with this request. Discussion followed by the Town Attorney and requested the Town Clerk fax the minutes to him for review, therefore Councilman Sullivan motioned to withdraw his previous motion, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board table the acceptance of the minutes from the May 5, 2004 meeting.
All voted aye.
Motion carried.
Approval of May 7, 2004 Minutes
Motioned by Councilman Brooks, seconded by Councilman Gibbs, discussion was had by Councilman Sullivan regarding the previous resolution pertaining to the notification of special meetings, an amendment to this resolution was requested that if an emergency meeting is called that someone notify the board members. Councilman Sullivan also referenced the youth association meeting that was held and stated he was not contacted until that day. The Clerk also stated that this meeting was scheduled two weeks in advance and she too was not notified. Attorney Schmitt referred to the rules of procedure and read the protocol. He stated that an addendum to the rules of procedure should state that if an emergency meeting is scheduled you must provide as great a notice as practical to the media and public and that the Town Board could add that the Clerk notify each Board Member via telephone. Further discussion was had and a request was made to the Town Attorney to write this addendum. There being a motion and a second, it is
RESOLVED, that the Town Board approve the minutes to the May 7, 2004 Town Board meeting.
All voted aye.
Motion carried.
Addendum to Rules of Procedure
Upon the motion of Councilman Sullivan, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board agreed to have the Town Attorney prepare an addendum to the “Rules of Procedure”.
All voted aye.
Motion carried.
Approval of May 19, 2004 Minutes
Upon the motion of Councilman Sullivan, seconded by Councilman Brooks, it is
RESOLVED, that the Town Board accept the minutes of the May 19, 2004 Town Board meeting.
All voted aye.
Motion carried.
Approval of May 26, 2004 Minutes
Upon the motion of Councilman Sullivan, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board accept the minutes of the May 26, 2004 Town Board meeting.
All voted aye.
Motion carried.
Approval of June 9, 2004 Minutes
Upon the motion of Councilman Brooks, seconded by Councilman Gibbs, it is
RESOLVED, that the Town Board accept the minutes of the June 9, 2004 Town Board meeting.
All voted aye.
Motion carried.
The Supervisor opened the public hearing at 7:25PM relating to the amendment to zoning. Town Clerk read the legal notice. Public was asked to be heard.
Kim Humphrys addressed the Town Board. She asked the size of the proposed change and an answer of two parcels, approximately 4 acres was given.
Sheila Barrett addressed the Town Board. She stated that she is in favor of this change because she wished to purchase one of the parcels for the purpose of building a home.
No other person asked to be heard.
Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, it is
RESOLVED, that the Town Board closed the public hearing at 7:30PM.
All voted aye.
Motion carried.
RESOLUTION
ADOPTION OF AMENDMENTS TO THE
TOWN OF WHITESTOWN ZONING ORDINANCE
JUNE 16, 2004
Motioned by Councilman Sullivan
Seconded by Councilman Gibbs
WHEREAS, the Town had received inquiries concerning residential property located on Cider Street within the Town of Whitestown which appears to have been erroneously zoned as part of the Town’s “Airport District” rather than within an adjacent “R-200 Residence District”; and
WHEREAS, by resolution made the 21st day of April, 2004, the Town Board undertook a review of a proposed amendment to the Town’s zoning map which, as proposed, would impact the property located on Cider Street now or formerly owned by David and Terry Waddell and Frank and Sophie Schultz, and designed on the Oneida County Tax Maps as Parcel numbers 303.00-2-1.1 and 303.00-2-1.3, by which resolution the Town Board resolved, pursuant to Section 200-40 of “The Town of Whitestown Zoning Ordinance of 1980”, to refer the proposed amendment to the Town’s Planning Board and Oneida County Department of Planning for their recommendations; and
WHEREAS, the Planning Board for the Town of Whitestown has recommended to the Town Board the adoption of such amendment; and
WHEREAS, the Oneida County Department of Planning has preliminarily indicated its approval of the proposed amendment and has recommended that the Town proceed with the necessary procedures to adopt the amendment; and
WHEREAS, pursuant to Section 200-41 of the Code of the Town of Whitestown, before any amendment with respect to District boundaries may be enacted, there must be a public notice and hearing thereon, and further, the potential environmental impacts of such action, if any, must be examined, 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, on June 2, 2004 and in the Rome Sentinel on July 2, 2004, the official newspapers of the Town 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 June 16, 2004 at 7:00PM 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 Town Board of the Town of Whitestown after due deliberation finds it is in the best interests of the Town to adopt the amendment pursuant to Section 200-39 of the Town Code, and Section 265 of the Town Law amending the district classification of properties now or formerly owned by David and Terry Waddell, and Frank and Sophie Schultz, located on Cider Street in said Town, and reflected on the tax maps for the County of Oneida as parcel numbers 303.00-21.1 and 303.00-2-1.3, from an Airport District to an R-200 Residents District;
NOW, THEREFORE, BE IT:
RESOLVED, that the location and boundaries of the Town’s zoning district classification of properties now or formerly owned by David and Terry Waddell, and Frank and Sophie Schultz, located on Cider Street in said Town, and reflected on the tax maps for the County of Oneida as parcel numbers 303.00-2-1.1 and 303.00-2-1.3, are hereby amended from an Airport District to an R-200 Residence District, which amendments are to be reflected on the map entitled “Zoning Districts” which map delineates the Town’s District boundaries and which map as amended, shall now represent the official map referenced in Section 200-5 of the Zoning Law; and be it 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 publication 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 any revisions to the zoning map) referenced herein; and be it further
RESOLVED, that the amendment 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.
The Supervisor proposed to the Department heads that the topics and reports that are to be addressed at Town Board meetings be delivered to the Clerk and disseminated by 4:00 on Friday. Discussion was had regarding reports from departments would be kept on file.
Discussion on procedure was had. The Clerk suggested that it would be more conservative to e-mail the reports directly to the Town Board and also a copy would be kept on file at her office also.
Committee Reports
Police
Chief Wolanin addressed the Board. He stated that the corridor grant is near complete. He also stated that he would like to add a vehicle to the list of vehicles the Town desires to sell. The Board will wait for the Highway Superintendent to arrive.
Police Commission
Councilman Brooks asked for Board approval to purchase a new vehicle for the police department.
Upon the motion of Councilman Brooks, seconded by Councilman Sullivan, discussion was had regarding the type of vehicle, therefore, it is
RESOLVED, that the Town Board agreed to purchase through state bid a new Chevy Impala for the police department.
All voted aye.
Motion carried.
Codes
Phil Husted addressed the Board. He stated that the codes department has been busy with permits. He reported on recent complaints, noting the woman who attended a previous Board meeting complaining about a gas odor. He, along with Niagara Mohawk, addressed that issue and NIMO fixed the leak. Phil referred to other miscellaneous complaints; building permits in review and also a recent ZBA meeting. His report is on file at the Clerk’s office. Phil also referred to mowing complaints and asked for the following resolution.
RESOLUTION
Motioned by Councilman Brooks
Seconded by Councilman Gibbs
WHEREAS, the Code of the Town of Whitestown, at Chapter 55, entitled “Brush, Grass and Weeds”, sets forth the Town’s policy to provide for the proper use of land and to prevent unhealthful, hazardous or dangerous conditions due to the accumulation of brush, grass, rubbish or weeks, or growth of poisonous shrubs and weeds; and
WHEREAS, pursuant to Article II thereof, the Town Board may cause to be adopted a resolution requiring the owner of land to cut, trim or remove brush, grass, rubbish or weeds, or to spray with herbicides, cut, trim, remove or destroy poisonous shrubs or weeds upon their lands; and
WHEREAS, it has been reported by various Town residents the Code Enforcement Officer for the Town of Whitestown, that the following properties located in said Town of Whitestown are in violation of Chapter 55 in that there is an accumulation of brush, grass, rubbish or weeks, that has caused an unhealthful, hazardous or dangerous condition within said Town:
Reputed OwnerReputed Owner’sAddress of Property
Last Known AddressIn Violation
- Paula S. Witte5615 Valley Road5615 Valley Road
Whitesboro, NY 13492Whitesboro, NY 13492
(Tax Map #291.00-1-49)
- Salvatore Grande36 Hollywood Drive36 Hollywood Drive
Whitesboro, NY 13492Whitesboro, NY 13492
(Tax Map #317.005-1-42)
and
WHEREAS, at the recommendation of its Code Enforcement Officer, the Town desires to adopt a resolution in accordance with Chapter 55 requiring the owner to cut, trim or remove the brush, grass, rubbish or weeks, at the address of the property in violation as set forth herein on or before July 1, 2004, and upon the owner’s failure or neglect to comply with the Town Board’s direction to do so, that such work to be done at the direction of, or by the Town and the cost thereof be assessed against and/or levied upon such property;
NOW, THEREFORE, BE IT:
RESOLVED, that the following owners of property in the Town of Whitestown, Oneida County, New York:
Reputed OwnerReputed Owner’sAddress of Property
Last Known AddressIn Violation
- Paula S. Witte5615 Valley Road5615 Valley Road
Whitesboro, NY 13492Whitesboro, NY 13492
(Tax Map #291.00-1-49)
- Salvatore Grande36 Hollywood Drive36 Hollywood Drive
Whitesboro, NY 13492Whitesboro, NY 13492
(Tax Map #317.005-1-42)
are hereby directed to cut, trim or remove brush, grass, rubbish, or weeds or to spray with herbicides, and/or to cut, trim, remove, or destroy poisonous shrubs or weeds upon their lands identified as the “Address of Property in Violation” above, which work shall be completed on or before July 1, 2004, all in accordance with Chapter 55 of the Town of Whitestown Municipal Code; and be it further
RESOLVED, that the Code Enforcement Officer for the Town of Whitestown, be, and he hereby is directed, to serve a notice of adoption of this resolution upon the owners of property listed above, together with a copy of this resolution, all as provided for in Chapter 55 of the Town of Whitestown Municipal Code, by ordinary mail and certified mail, return receipt requested, addressed to his or her last known address; and be it further
RESOLVED, that upon the owner or owners’ failure or neglect to comply with this Town Board’s directive on or before July 1, 2004, the Town Board hereby directs that such work be undertaken by its Department of Buildings and Grounds and/or its designee, and the cost thereof be assessed against, and/or levied upon such property.
Upon the question of the adoption of the foregoing resolution, the following voted AYE.
Matthew ShannonSupervisorVoted AYE
Charles R. Gibbs, IICouncilmanVoted AYE
William CopperwheatCouncilmanVoted AYE
Brian BrooksCouncilmanVoted AYE
Daniel SullivanCouncilmanVoted AYE
The resolution was thereupon declared adopted.
Discussion was had regarding concerns about the Town’s junk law. Further discussion was had regarding the legality of a firework display, and only professional firework companies can be licensed.
Buildings & Grounds
Jack DelMonte addressed the Board. He stated that his department has been busy with mowing and repairs in the parks and town buildings. He gave praise to an employee of his department and Councilman Brooks regarding the help they gave in beautifying the sidewalk at the top of Henderson Street. Councilman Brooks stated that Lowes donated nearly $300.00 towards that project.
Engineering
Karl Schrantz addressed the Board. He discussed the water project, contract #5 and anticipated the pipeline should be placed by the middle of next week. He also addressed Mr. Sojda’s drainage issue on Westmoreland Road and stated that the fix should be fairly inexpensive. Karl stated that we are still waiting for the Town of Westmoreland regarding the Camelot Village water project. Karl has drafted a preliminary report regarding the town wide water project. The delay of the Verona water project will have an affect on this. The town should have further discussions with financial consultants to see how to proceed. Discussion was had and a suggestion of a letter be sent.
Upon the motion of Councilman Copperwheat, seconded by Councilman Sullivan, it is
RESOLVED, that the Town of Whitestown authorized the Town Engineer to send a letter to the Water Authority expressing the Town’s desire for the authority to stay committed to this plan and requesting that the funding stay in this capital improvement project for the water line from Church Road westerly to Cider Street and that the water tank project would be constructed.
All voted aye.
Motion carried.
Discussion regarding the deadline of the current water project was had.
Town Clerk
Joanne Zegarelli addressed the Board. She stated that the Deputy Clerk Chris Kobielski has requested a two (2) week leave of absence without pay in order to care for her husband who is recovering from back surgery.