01/04/06


Organizational Meeting of the Town Board of the Town of Clarence was held Wednesday, January 4, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Scott Bylewski led in the pledge to the flag, followed by a prayer read by Supervisor Hallock.

Members of the Town Board present were Councilmen Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Town Attorney Steven Bengart was present. Several other Town officials and employees were also present.

Acceptance of the minutes of the previous meeting held December 21, 2005 was tabled until the next meeting, as all members did not have a chance to review them.

Supervisor Hallock welcomed new Councilman Patrick Casilio to the Town Board and wished him luck.

Supervisor Hallock stated that the Association of Towns of the State of New York is holding the Training School and Annual Meeting in New York City from February 19 – 22, 2006. The training session is for Town officials. There will be an informal hearing, general opening session, group sessions and an annual business session for official delegates.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant permission for the following to attend the 2006 Annual Meeting in New York City February 19 -22, 2006: (1) Judge, (3) Town Board members, (1) member of the Planning Board, (1) member of the Municipal Review Committee, (1) Town Attorney and (1) Deputy Town Attorney. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the remaining Town Board meetings for January are a Work Session on Wednesday, January 11th at 9:00 A.M. and a Regular Town Board meeting on January 18th at 7:30 P.M. preceded by a Work Session at 6:00 P.M.
The ceremonial swearing in of newly elected officials will take place this Friday, January 6th at 7:00 P.M.

Supervisor Hallock reminded everyone that sidewalks should be kept clear of snow in accordance with the Town Sidewalk Ordinance.

Supervisor Hallock said a draft of the Clarence Parks & Recreation Master Plan is available in the Planning Office for public view. This is a public comment period and comments are being accepted until January 18, 2006.

Councilman Bylewski thanked everyone for coming out tonight and for the support over the past year. He looks forward to working with this Town Board going forward.

Councilman Bylewski said a letter was received from Town Clerk Nancy Metzger informing the Board that the Special Election held December 28, 2005 for an Amendment to the Length of Service Awards Program passed in all four fire districts as follows: Clarence Center Fire Protection District – 63 to 13; East Amherst Fire Protection District – 17 to 0; Harris Hill Fire Protection District – 57 to 3; and Swormville Fire Protection District – 34 to 1.

Councilman Bylewski received the December 2005 Operations Report from Central Fire Alarm. Town of Clarence fire companies responded to the following: 3 – Miscellaneous Fires; 126 – EMS Calls; 13 – Motor Vehicle Accidents; and 42 – Miscellaneous Calls for a total of 184 alarms.

Councilman Bylewski received a copy of a letter sent by NYSDEC to Martin Smith Director of Facility Closures at Clean Harbor, LLC regarding the RCRA Facility Investigation Report for Clean Harbors BDT. Clean Harbors asserts that there has not been a release of hazardous waste or hazardous constituents from the facility. The NYSDEC believes that this assertion cannot definitively be made based on the information submitted. However, this statement does not affect the conclusion of the report.
          Soil contamination was present at two locations associated with the BDT Facility. The hydrolysis sump Area of Concern also required removal of impacted soils to the top of bedrock. Both soil removal actions were performed with approval from the NYSDEC and in consultation with Leader Professional Services, Inc., Town of Clarence’s consultant.
          Five groundwater monitoring wells and two temporary wells were installed to assess the groundwater conditions associated with the BDT site. The NYSDEC and NYSDOH do not require any remedial actions for, or additional monitoring of, the groundwater at the BDT facility.
          As a result of the soil and groundwater sampling, it has been determined by the NYSDEC and the NYSDOH that the site has been adequately characterized, the RFI is complete and no further corrective action is required at this time. Contaminated soils have been identified, effectively removed for proper disposal, replaced with soils demonstrated to be clean and no additional sampling is required.
          Councilman Bylewski said another copy of a letter was received from the NYSDEC to Martin Smith regarding the Facility Closure Certification Report stating that based on their review of the certification and inspections during closure, they consider all hazardous waste management units officially closed. Authorization to operate these as permitted units is hereby terminated. The acceptance of the closure is based on information contained in the certification documents. If contamination related to these units is discovered at any time in the future, corrective measures will need to be evaluated and implemented in accordance with the terms of the Order on Consent.

Councilman Bylewski announced that on Monday, January 9th at 7:00 P.M. in the Town Hall Auditorium, the Planning Board is presenting the video “Preserving Open Space with Conservation Subdivisions”. It is a very worthwhile presentation and is recommended for anyone interested in planning for the Town.

Councilman Bylewski said Erie County Legislator Michael Ranzenhofer reported that the work is progressing on the stabilization and reconstruction of the 200 ft. section of Tonawanda Creek Road that collapsed in June 2004. Erie County Deputy Public Works Commissioner, Gerard Sentz, reported that they recently completed a successful pilot project which involves mixing the existing soil with a material to firm and stabilize the soil. It was important to thoroughly evaluate the soil and stabilize the area before reconstructing the road. The project is being designed and repairs should begin in the Spring of 2006.

Councilman Bylewski said a letter dated December 29, 2005 was sent by the Supervisor to the Clarence Youth Center Board of Directors informing them of the Town Board’s immediate plan for the Youth Center. We are waiting for the final draft of the Architect’s study, as well as, the study of the mold and asbestos. The Youth Center will be temporarily closed as of January 1, 2006. There are other items regarding communication sent out by Youth Director Dawn Kinney.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to ratify the actions set forth in the letter (sent by the Supervisor to the Clarence Youth Center Board of Directors informing them of the Town Board’s immediate plan for the Youth Center) and for the Supervisor to issue the letter dated December 29, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss welcomed Mr. Casilio and looks forward to working with him. He also congratulated Councilman Bylewski on his re-election.

Motion by Councilman Weiss, seconded by Councilman Kolber to appoint Supervisor Hallock as official delegate and Councilman Bylewski as alternate delegate for the Association of Towns 2006 Annual Meeting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to adopt the following resolution:
          Be it resolved, that pursuant to the 2015 Master Plan and upon recommendation by the Municipal Review Committee, review of the Growth Cap Policy should continue relative to limiting the number of residential building permits for new home construction in the Town of Clarence; and be it further
          Resolved that a public hearing be set for Wednesday, February 8, 2006 at 7:45 p.m. to consider limiting the number of residential building permits for new home construction by the Town of Clarence.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he would like to thank the Rotary for their help in accepting donations for the “Day in the Park” event. They have been very supportive.

Councilman Kolber he has held an annual resident’s forum since he was elected to provide the opportunity for citizen’s to talk about anything they would like. He is looking for a Monday night in February and will announce the date when it is set.

Councilman Kolber said the video be shown by the Planning Board on Monday is tremendous. It shows, in his opinion, how Clarence should develop to maintain our character for the future.

Councilman Kolber congratulated Councilman Bylewski on his re-election and welcomed Councilman Casilio.

Councilman Casilio congratulated Councilman Bylewski on his re-election. He also thanked Town employees, the Town Board and especially Supervisor Hallock for helping prepare him for his tenure on the Board.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following items 1 – 10:

1.       Town Board Meetings:

Regular Town Board meetings will be held on the 2nd and 4th Wednesday at 7:30 p.m., except as noted:

January 4h and 18th
November 1st and 15th
December 6th and 20th

Work Session to start at 6:00 p.m.

Work Session may be held at 9:00 a.m. on the first Wednesday of each month as called by the Supervisor.

2.       Agenda Format:

  1. Call to Order
  2. Pledge to the Flag
  3. Prayer
  4. Roll Call
  5. Minutes of Previous Meeting
  6. Supervisor’s Report
  7. Council Reports
  8. Public Announcements
  9. Departmental Reports
  10. Public Participation (Limit of 3 minutes on Agenda Items, Town Board Members and Department Reports only.)
  11. Balance of Agenda Items
  12. “For the Good of the Town” (Limit of one minute)

NOTE: Council members shall vote by reverse seniority, with the Supervisor voting last.

3.1       Agenda Policy for all non-land use projects or items - any person or entity wishing to be placed on the Agenda must notify the Town Clerk with subject matter by noon on Thursday prior to the Wednesday Board Meeting. The Supervisor upon consultation with the Town Board may make exceptions.

3.2       Agenda Policy for Land Use Proposals – All proposed land use projects or items to be placed on the Town Board agenda must have all appropriate applications or approvals completed and submitted, including appropriate fees, to the Planning & Zoning Department on or before 4:30 pm of the Wednesday the week before the Town Board meeting.

  • If the item is a new application, then it may be placed on the Town Board’s Work Session to determine an appropriate review process. The item may be placed on the next available Town Board Agenda.
  • Exceptions:

      a. Any item on a Planning Board agenda the Wednesday before a Town Board meeting that receives a Planning Board recommendation, be it approval or denial, may be placed on the next Town Board Work Session.
      b. Case-by-case determination by the Town Supervisor in consultation with the Planning & Zoning Department.

3.3       Agenda Policy for Town Board Notification Policy for Land Use Proposals:

This policy is developed in accordance with Master Plan 2015, Chapter VIII, page 31, to allow for the public to have a voice in local land use decisions. This policy supersedes but does not replace any notice required by law.

  • Unless required by law, an item’s first appearance on any Town Board agenda does not require any additional notification.
  • Any and all items referred to the Planning Board shall be noticed for the Planning Board’s first agenda. All above-mentioned notices shall be sent by the Planning & Zoning Department by first class mail to property owners within five hundred feet (500’) from the subject property. Notification of an item on any other future meeting may be sent at the discretion of the Director of Community Development, the Planning Board Chairperson, or Planning Board Executive Committee.

After the Planning Board’s first meeting regarding the proposed project, all affected property owners may stay involved by visiting the Town’s Website, speaking with Town staff in the Planning and Zoning Department, or by reading the Clarence Bee, where such notices and agendas are published. Also, all meeting agendas are posted in Town Hall as required by Town Law.

4.       Town Hall Offices:

Supervisor -Week Days 8:30 a.m. – 4:30 p.m.
Town Board -Week Days 8:30 a.m. – 4:30 p.m.
Town Clerk* -Week Days
*-July & August
9:00 a.m. – 5:00 p.m.
8:30 a.m. – 4:30 p.m.
Town Attorney -Week Days 8:30 a.m. – 4:30 p.m.
Court -Week Days 8:30 a.m. – 4:30 p.m.
Administration & Finance -Week Days 8:30 a.m. – 4:30 p.m.
Zoning Office -Week Days 8:00 a.m. – 4:30 p.m.
Assessor -Week Days 8:00 a.m. – 6:00 p.m.

          Highway and Parks Departments:

Office Hours -Week Days 8:00 a.m. – 4:00 p.m.
Shop Hours -Week Days 7:00 a.m. – 3:30 p.m.

          Engineering and Building Departments:

Office Hours -Week Days 8:00 a.m. – 4:00 p.m.
Inspectors’ Hours -Week Days 7:30 a.m. – 4:00 p.m.
Office Summer Hours -Week Days 7:30 a.m. – 3:30 p.m.
Inspectors’ Summer Hours -Week Days 7:00 a.m. – 3:30 p.m.

          (Summer Hours – Memorial Day to Labor Day)

5.       All items which pertain to conditions of employment, pay, vacation and the like are applicable to employees not covered under collective bargaining agreement (except seasonal, part-time and temporary).

6.       Adoption of Employee’s Salary Schedule as within the 2006 Adopted Budget except as noted in the Organizational Minutes.

7.       Adoption of Town Policy Manual, revised section 806, effective as of 1/1/06.

8.       New York State Retirement: The Town shall pay for all employees under the Retirement Plan Section 75-1.

9.       Holidays:

January 16, 2006 Monday Martin Luther King Day
February 20, 2006 Monday Presidents’ Day
April 14, 2006 Friday Good Friday
May 29, 2006 Monday Memorial Day
July 4, 2006 Tuesday Independence Day
September 4, 2006 Monday Labor Day
October 9, 2006 Monday Columbus Day
November 10, 2006 Friday Veterans’ Day
November 23, 2006 Thursday Thanksgiving Day
November 24, 2006 Friday Thanksgiving Holiday
December 25, 2006 Monday Christmas Holiday
January 1, 2007 Monday New Year’s Day Holiday

NOTE: Employee must work the day before and the day after the holiday to be paid unless on vacation or approved sick leave.
*Christmas Eve ½ day Holiday occurs only when Christmas falls on Tuesday thru Friday.

10.      Designation of Trick or Treat Night on Tuesday, October 31, 2006 from 5 p.m. to 8 p.m.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the following items 11 – 27:

11.      March 11, 2006 is proclaimed Founder’s Day in honor of Asa Ransom, the first settler and one of the founders of the Town of Clarence. The Town will celebrate its 198th birthday at a special event on March 11, 2006 at the Town Park Clubhouse starting at 12:00 noon. All residents are invited.

12.      Longevity payments: Except for elected officials, longevity will be paid in accordance with the following schedule in a lump sum payment in a separate check in the pay period of the employee’s affected anniversary date.

5 – 9 years of service $525.00
10 – 14 years of service $550.00
15 – 19 years of service $625.00
20 – 24 years of service $725.00
25+ years of service $825.00

13.      Any employee who is an active Volunteer Fireman may, with Department Head approval, respond when needed, to any working fire, first aid or mutual aid call within the Town of Clarence and within their fire district. Log in/out procedures per Article 604 of the Personnel Policy.

14.      All employees must live in the Town of Clarence. Exceptions must have Town Board approval pursuant to the Town Policy Manual section 4 and Local Law 1-2004, section 39.11-39.15.

15.      Approval for all elected Officials, Building Inspectors, Town Engineer, Assistant Town Engineer, Court Clerks, Director of Administration and Finance, Town Clerk, Zoning Department, Town Attorney and Assessor’s Office to attend their respective association meetings with reasonable and necessary expenses to be paid by the Town. All meetings must have Department Head approval prior to attending.

16.      Use of Vehicles: Upon advance Town Board approval, employees using personal vehicles for official Town business shall be paid a mileage allowance in accordance with IRS rates. No Town vehicles will be allowed to leave the Town except when on official business and with prior Department head approval. The only Town vehicles which may be taken home after regular working hours will be those used by the Supervisor, Parks and Highway Superintendents, Highway Deputy Superintendent, Parks and Highway General Crew Chiefs, Town Engineer, Assistant Town Engineer, Dog Control Officer, Assessor, Director of Community Development, Asst. Director of Community Development, Building Inspectors and Plumbing Inspector.

17.      All mail will be distributed by the Supervisor’s Office.

18.      All appointments unless otherwise noted are for the year 2006 or unless otherwise set forth by law.

19.      The Supervisor is the appointing officer for the Town of Clarence pursuant to the New York State Civil Service Law. The appointing officer’s responsibilities include signing appointment and personnel change forms submitted to Erie County Dept. of Personnel, certifies the Civil Division payroll, making sure it is accurate and in accordance with Civil Service Law and canvasses candidate eligibility lists assuring all procedures under the Civil Service Law are followed.

20.      Appointment of Dolores Tobin as Court Clerk for Judge Waible and Marilyn Taton as Court Clerk for Judge Sillars. Court Clerks to work additional hours as requested by the Town Justices for all Court Sessions.

21.      Appointment of David Wetzler, Guy Fleming, Randall Haentges, David Domon, Phil Baran, Suzanne H. D’Archangelo, Joseph Cartonia, Richard Baran, Dennis Sharkey and John Micciarello as Court Deputies per the budgeted amount – minimum pay of two hours.

22.      Appointment of Jenna Snyder, Debra Kastings, Dawn Trippie, Karen Moore, Shirley Moore, Lynn Minter, Sandra Tresino and Sandra Janson as Clerks P/T. Appointment of Fran Dickman as Clerk RPT. Appointment of Robert Anderson as Van Driver, RPT and Arnold Castren and David Crawshaw as Substitute Van Drivers. Appointment of Camille O’Reilly as Laborer-RPT, Jenna Snyder and Timothy Sayers as Laborers-PT. Appointment of Kelly Shantz, William Hoffmeister and Anne Cimato as Dog Control Officer-PT. All Clerks-P/T will be called by the Supervisor’s Office upon request from the Department Head. No payment will be authorized if this procedure is not followed.

23.      Town Clerk Nancy Metzger appoints Darcy Snyder and Gayle Brace as Deputy Town Clerks. Appointment of Nancy Metzger as Registrar of Vital Statistics, Records Management Officer and FOIL Records Officer, Darcy Snyder as Deputy Registrar of Vital Statistics and Gayle Brace as Sub registrar of Vital Statistics with all fees for registrar services remitted to the Town of Clarence General Fund.

24.      Appointment of Steven Bengart as Town Attorney/Prosecutor. Appointment of David Donohue as Deputy Town Attorney/Prosecutor. Appointment of Cindi Rosel as Paralegal.

25.      Appointment of Joseph Latona P.E. as Town Engineer and Administrator of Flood Plain, Town Sewer Districts and Building Department.

26.      Appointment of Timothy Lavocat P.E. as Deputy Flood Plain Administrator.

27.      Appointment of David Bissonette as Natural Disaster Services Coordinator and David Baumler as Area Director of Civil Defense to coordinate emergency services.

Upon roll call – Ayes: All; Noes: None. Motion carried.

        Motion by Councilman Weiss, seconded by Supervisor Hallock to approve the following items 28 – 52:

28.      Appointment of Joseph Meacham as Chief Security Officer. Appointment of Anthony Haas as Deputy Security Officer. Appointment of Richard Drumheller, James Freiheit, William Emerson, Roseann Goetz, Rita Savage, Theodore Adrian, Peter Bordin, Joseph French, Alan Wolbert and Ronald Kline as Security Officers.

29.      Appointment of Rhonda Carpenter and Eleanor Cenname as School Crossing Guard Supervisors at a stipend of $250 each. Appointment of School Crossing Guards Lorraine Hunt, Edward Hemline, Donald Schultz and Carl Schaefer. Appointment of Arnold Castren, Theodore Adrian, and David Crawshaw as Substitute Crossing Guards.

30.      Highway Superintendent Theodore Donner appoints Gregory Giblin as Deputy Highway Superintendent, Robert Lavocat and Jeffery Hemline as General Crew Chiefs, Gail Englert as Confidential Secretary and Camille O’Reilly Laborer-RPT.

31.      The Deputy Highway Superintendent, the General Crew Chiefs and Deputy Town Clerks shall be compensated at time and a half for all hours worked over normal work week. At the discretion of the Department head, the above employees would be eligible for four (4) hours call-in pay at the applicable straight or overtime rate for each call-in that occurs following the employees normal work day. In the event a call-in occurs two (2) hours or less before the employee’s normal starting time, the minimum pay at the discretion of the Department Head could be 2 hours of pay at the applicable straight or overtime rate.

32.      Appointment of C. Howard Johnt and Clifford O. Trapper as Co-Recreation Directors P/T.

33.      Appointment of John Burns as Parks Crew Chief and James Burkard as General Crew Chief.

34.      Appointment of James Callahan as Director of Community Development and James Hartz as Assistant Director of Community Development.

35.      Appointment of Pamela Smith as Director of Administration and Finance.

36.      Appointment of David Domon as Part Time Code Enforcement Officer.

37.      Appointment of Dawn Kinney as Youth Director, Provisional.

38.      Petty Cash allowed for Town Clerk - $300; Justice Court - $50 for each Judge (2) and Engineer - $50.

39.      Grant a one year leave of absence to Karen Jurek from the Civil Service Senior Clerk position in the Parks Department effective 1/1/06 to continue as confidential secretary to the Supervisor.

40.      Appoint Karen Jurek as in-house Computer Network Coordinator with a stipend of $3,000.00 and Web Site Coordinator with a stipend of $1,000.00

41.      Appointment of Robert Connelly to the Amherst-Northeast Erie Municipal Trail Committee for a one-year term.

42.      Appointment to the Arboretum Committee: Stephen Murtaugh, Richard Steger, James Burkard, Joseph Latona, Roy McCready, Todd Norris, Peter Wolfe, Mark Legg, Elaine Wolfe, Timothy Lavocat and Martin Root.

43.      Appointment to the Avoidable Alarm Committee: David Metzger, Building Department Representative, Gary McNally and David Stengel.

44.      Appointment to the Bicentennial Committee for a one-year term: Mark Woodword, David Brace, Sandra Larkin, David Hormell, Elaine Wolfe, Flora Leamer, Linda Nastasi, Patricia Brace, Rosemarie Cardoso, Douglas Kohler, Elizabeth Smolka and Barbara Gilmour.

45.      Appointment to the Cable Television Advisory Committee: Paul Santa Maria, Ruth Schultz, Julie Ann McCullough, Chuck Eckert and Henry Becker.

46.      Appointment to the Capital Projects Committee for a one-year term: Town Supervisor, Director of Community Development, Town Engineer, Highway Superintendent and Councilman Scott Bylewski, member of the Town Board.

47.      Appointment to the Clarence Hollow Community Character Protection Board: David Brace, William Henderson, Douglas Larkin, Robert Lenz and Philip Sgamma.

48.      Appointment to the Community Residence Committee: Lynn Pino, Eileen McCallister, Anne Houseman and Lynette McConnell. (There is currently one opening)

49.      Appointment to the Conservation Advisory Council: Martin Root for a three-year term to expire 12/31/08. Appointment of Peter Wolfe as Chairperson.

50.      Appointment to the Detention Pond Committee for a one-year term: Town Engineer, Assistant Town Engineer, Highway Superintendent, Town Attorney and Director of Community Development. (The Accountant will be asked to attend meetings dealing with funding.)

51.      Appointment to the Ethics Board for a five-year term to expire 12/31/10: Debra Fine, Hans Mobius and Sister Madelene Stauring.

52.      Appointment to the Fire Advisory Board for a one-year term: The elected year 2006 Fire Chiefs from Clarence, Clarence Center, East Amherst, Harris Hill, Rapids and Swormville Volunteer Fire Companies.

        Upon roll call – Ayes: All; Noes: None. Motion carried.

        Motion by Councilman Kolber, seconded by Supervisor Hallock to approve the following items 53 – 69:

53.      Appointment to the Historic Preservation Committee for a one year term: Mark Woodward as Town Historian, Martin Root, Henry Brodowski, Nicole Heary, Joanna Pickering, Linda Mosher, David LaDuca, Laurie Haurer-LaDuca and Martha Root .The Historic Preservation committee is created to establish a Historic Preservation law for the Town of Clarence.

54.      Appointment to the Clarence Industrial Development Agency: Clayton Ertel, Mary Powell, Christopher Kempton, Michael Buettner, Kathleen Hallock, David Hartzell and Peter DiConstanzo.

55.      Appointment to the Inter-Community Committee: Andre Pigeon, George Grasser, Paul McCarthy and James Morabito. (There is currently one opening.)

56.      Appointment to the Landscape Committee: James Burkard and Wendy Salvati. (There is currently one opening.)

57.      Appointment to the Clarence Library Board for a five-year term to expire 12/31/10: Sean O’Mahony, Harold Enstice and Michael Rockwell.

58.      Appointment to the Clarence Meeting House Board: Joanna Pickering, John Conlin, Daniel Gamin, Robert Lenz and Linda Mosher.

59.      Appointment to the Municipal Review Committee: Matthew Balling, Chairperson, John J. Moulin, Richard McNamara, Paul Shear, Richard Bigler, Lisa Bertino-Beaser and Ryan Mills.

60.      Appointment to the Planning Board: Gerald Drinkard with a term to expire 12/31/12. Patricia Powers, Chairperson; Wendy Weber-Salvati, 1st Vice Chairperson and Gerald Drinkard 2nd Vice Chairperson. (There is currently one opening for an alternate.)

61.      The Sign Review Board shall consist of the Planning Board Chairperson and two members of the Planning Board.

62.      Appointment to the Plumbing and Drainage Board for a one year term: Larry Merkle, Richard Haag, Daniel Loudenslager, Timothy Lavocat, (representative of Engineering Dept.), and Joseph Latona as Chairperson.

63.      Appointment to the Recreation Advisory Committee: Michael Powers, Harold Enstice, Peter Wolfe, C. Howard Johnt, John Burns, Henry Brodowski and Peter DiCostanzo.

64.      Appointment to the Recycling Committee: Donald Adams, Marjorie Ebersole, Brenda Young and Chuck Eckert, (There are currently three openings)

65.      Appointment to the Restricted Hunting and Discharge of Firearms Committee: Alicia Braaten, Daniel Schofield, Edward Woodworth, Richard Wood and Larry Schuknecht.

66.      Appointment to the Senior Center Board for a three-year term to expire 12/31/08: Donald Stiglmeier, James Blum, Edna Scherf, Darrell Young and William Dickman.

67.      Appointment to the Traffic Safety Board: John Wind, Jonathan Grapes, Gary Wright, John Schwab, Kim Silvestro and Krista Swann. (There is currently one opening)

68.      Appointment to the Youth Center Board: with term to expire 12/31/06: April Reger, Holly Zuffranieri and Gayle Brace; term to expire 12/31/07: Joan Petrella and Maryanne Rawdin; with term to expire 12/31/08: Donna Inzina, Mark Perna, Eric Weitz, Wendy Huttner, Jennifer Kiss and Michael Rogowski.

69.      Appointment to the Zoning Board of Appeals: Ronald Newton with a term to expire 12/31/10. Ronald Newton, Chairperson and Raymond Skaine, Vice Chairperson.

        On the question, Councilman Casilio said he will abstain from voting on item 54 as Mary Powell is his sister.

        Upon roll call – Ayes: All; Noes: None. Abstain: Councilman Casilio on item 54 only. Motion carried.

        Motion by Councilman Casilio, seconded by Councilman Bylewski to approve the following items 70 – 78 and the resolutions pertaining to the Highway Department:

70.      Investment Policy and Purchasing Policy for the Town of Clarence are available from the Offices of the Supervisor or the Town Clerk.

71.      Appointment of Supervisor as 504/ADA Officer for Erie County Community Development Program.

72.      Appoint Fox & Company, Drescher & Malecki and Capital Markets Advisor, LLC. as Financial Consultants to the Town Board at their standard hourly rates.

73.      Town Board authorizes the Supervisor to bill and collect for the Town’s PILOT agreements for all IDA inducements. Town Board authorizes Town Clerk to bill and collect for Avoidable Alarm charges.

74.      Appointment of Manufacturers and Traders Trust Co., HSBC/Clarence Branch, Key Bank/Clarence Office, Bank of America/Transit Road Branch, Bank of Akron/Clarence Center and Main Street Branches, Citizens Bank, JP Morgan Chase Bank, First Niagara Bank, Northwest Savings Bank, Lake Shore Savings Bank and Citibank as depositories for the Town of Clarence.

75.      Minutes of the Town Board meetings will be published in the Clarence Bee and on the Town’s website at the Town Clerk’s discretion.

76.      All Boards and Committees are reminded that they are subject to the Open Meetings Provisions of the Public Officers Law.

        For all meetings scheduled at least one week in advance, public notice of the time and place of the meeting must be given to the news media and posted on the Town Hall bulletin board at least 72 hours in advance.

        Whenever possible, the meeting schedule for the entire year shall be posted in January.

        Minutes of all Meetings subject to the Open Meetings Law must be filed with the Town Clerk within 2 weeks.

        Minutes of Executive Sessions must be filed with the Town Clerk within one week.

77.      Committee and Board appointments made during the year shall be brought up at a work session and then acted upon at the next Town Board Meeting after thorough review with the Town Clerk’s office. All new appointments must state whom they are replacing.

78.      Set Public Hearing date of February 22, 2006 at 7:45 pm for the Annual review of the Master Plan.

Adopt the following resolutions pertaining to the Highway Department:

Resolved, that pursuant to the provisions of section 284 of the Highway Law, the Town Board agrees that monies levied and collected for the repair and improvement of highways, and received from the state for the repair and improvement of highways, shall be expended as follows:

The sum of $1,103,049.00 may be expended for general repairs upon 117.00 miles of Town Highways including sluices, culverts, and bridges (having a span of less than five (5) feet and boardwalks or the renewal thereof.

Miscellaneous road resurfacing Harris Hill area, Meadowlakes area, and Hunting Valley areas. Road rebuilding: continuing on Northfield Road.

Resolved, that pursuant to Section 143 of Highway Law, the town board authorizes the Town Superintendent of Highways to rent or hire equipment within the approved 2006 budgetary appropriations.

Whereas, Section 103 of the General Municipal Law requires public bidding for purchases of equipment in excess of $10,000.00 and

Whereas, the Highway Superintendent of the Town of Clarence makes numerous purchases from time to time throughout the year in total amount not to exceed the annual budget, and

Whereas, pursuant to Section 142 of the Highway Law it is desirable for the Town Board to authorize the Highway Superintendent to purchase said equipment, tools and other implements in excess $1,000.00 and

Now therefore be it resolved, that the Highway Superintendent is hereby authorized to purchase without prior approval of the Town Board, equipment, tools and other implements to be used for highway maintenance, construction, or reconstruction, snow plows or other devices for the removal of snow from highways in a sum not to exceed the limitations as prescribed under 103 of the General Municipal Law as amended from time to time.

The Town Board has adopted a purchasing procedure in accordance with section 104B of the General Municipal Law. The Highway Superintendent will comply with that procedure.

The Town Board authorizes the Highway Superintendent and or the Deputy Highway Superintendent to attend all functions of Erie County Highway Superintendent’s Association, New York State Highway Superintendent’s Association 2006, along with the Town Engineer. All reasonable expenses will be covered by the Town of Clarence.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Kathleen Hallock makes the following appointments: Karen Jurek, Confidential Secretary; Anne Case, Deputy Supervisor; Mark Woodward, Town Historian, Grace Shear, Bookkeeper and Hans Mobius to serve on the Right to Farm Resolution Committee for a term of one year.

Supervisor Hallock said the Town Board members received their liaison assignments. They will each read their own later in the meeting. Supervisor Hallock said she is liaison to the following: Arboretum Committee, Bicentennial Committee, Capital Improvements, Clarence Center Community Association, Computers, Ethics, Grants, Industrial Development Agency, Inter-Community Committee, Recreation Advisory Committee and Town Hall.
          Town Clerk Nancy Metzger received a communication from the New York State Department of Transportation stating that they reviewed a request to evaluate the signal timing at the intersections of Main Street with Gunnville Road and Goodrich Road. They found that they were out of coordination with each other and they corrected the problem.
          Supervisor Hallock thanked all of the department heads and employees for attending tonight and for all of the work they do throughout the year.

Public Participation

James Blum, 5509 Martha’s Vineyard said it appears to him that the longevity payments may be wrong if they were supposed to be in $25 increments. Supervisor Hallock said they are correct as they are. Mr. Blum said he is not really sure that he likes longevity payments.
Mr. Blum said he thinks that the Clarence Bee should be named as the official Town newspaper. It is now necessary to check both the Clarence Bee and the Buffalo News to see if there is anything regarding the Town in either one. They would know where to look if there was an official paper.

Matthew Balling, Chairman of the Municipal Review Committee thanked the Town Board for his reappointment. This committee was asked to look at the building cap issue. They found a lot of justification to change the way the Town administers the building cap. There is more than one recommendation on the table for the Town to look at. He thanks the members of his committee for their efforts in making a difference in the community.

Motion by Councilman Bylewski, seconded by Councilman that after proper audit and review by the Town Board, the bills of December 29, 2005 are approved for payment as follows: General Fund - $67,076.23; Highway Fund - $49,059.81; Lighting Districts - $1,592.55; Sewer Districts - $342.00; and Trust and Agency 203 - $99,851.81 for a total amount of $217,922.40. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Abstain: Councilman Casilio (He was not in office at the time and did not review the bills). Motion carried.

Councilman Bylewski thanked the Supervisor for her faith in him to appoint the following liaison assignments: Cable TV, Emergency Services, Fire Companies, Historic Preservation Committee, Law-Legislation, Municipal Review Committee, Planning Board/Zoning Codes, Service Organizations and Youth & Recreation Departments.

Councilman Weiss read his liaison assignments as follows: Animal Control, Conservation Advisory Council, Detention Pond Committee, Engineer/Building Departments, Environmental Management Council, Highway Department/Drainage, Insurance, Master Sewer, Parks Department, Plumbing and Drainage Board and Town Sewer Districts.

Councilman Kolber read his liaison assignments as follows: Amherst-NE Erie Municipal Trails, Assessor, Board of Appeals, Clarence Meeting House Board, Clarence School Board, Community Residences, Discharge of Firearms Committee, Historical Society and Library Board.

Councilman Casilio thanked the Supervisor for the following liaison appointments: Avoidable Alarms, Clarence Chamber of Commerce, Clarence Hollow Merchants Association, Clarence Senior Center, Clergy Association, Labor Management, Park Security, Public Utilities/Street Lights, Recycling, Sidewalk Task Force and Traffic Safety Board.

Supervisor Hallock said if we designated both newspapers as the official newspapers, we would have to advertise in both, which would be very costly. We have researched that over the years.

There being no further business, Supervisor Hallock adjourned the meeting at 8:20 P.M. in memory of Joe Schanzer, our friend and volunteer for Rural Transit Services.

Nancy C. Metzger
Town Clerk