01/05/05


A Work Session of the Clarence Town Board was held January 5, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Director of Community Development James Callahan, Town Attorney Steven Bengart, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith, Area Director of Civil Defense David Baumler and Confidential Secretary to the Supervisor Karen Jurek.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to §105 (1)E of the Open Meetings Law to discuss collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law), §105 (1)F matters leading to the appointment of a particular person, matters leading to the employment of a particular person, §105 (1)D pending litigation regarding Meteor Enterprise LLC and Pineledge Holding Corp. The Town Board will also consult with the union attorney. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session. at 6:40 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.

Director of Community Development James Callahan

Agenda items for January 19 th. Town Board meeting

Angelo Natale 9159 Main Street

Mr. Natale is proposing an office building to the front of the property located at 9159 Main Street and four townhouses to the rear of the property. The proposed site is located on the south side of Main Street across from Rite Aid. Approximately four or five years ago a Special Exception Use Permit was issued for the construction of apartments at this site however, the project never went forward because there were several drainage issues. Zoning is Commercial and would allow for this use.

Joseph Floss 6465 Transit Road

Mr. Floss is proposing the construction of a 9,450 square foot office building behind his current building at 6465 Transit Road. Zoning is Commercial.

Clarence Hollow Association

Clarence Hollow Association is moving their farmers market to the parking lot across from the Clarence Bowling Academy on Main Street. A detailed site plan must be submitted however; they will be keeping their same hours of operation. There was some discussion as to who owns the parking lot and who maintains it. Councilman McPherson stated that the NYS DOT paved the parking lot, stripped it, paid for and installed lighting. That took away the control of the parking lot from the bowling academy, however the bowling academy has permission from NYS DOT to use the parking lot for their patrons. Town Attorney Bengart request a copy of the agreement with the Department of Transportation.

Al Nemmer 9393 Main Street

Applicant is requesting approval to convert one of several storage warehouse buildings into retail for Ingalsbe’s Appliances. The proposed building is situated behind Orazio’s Restaurant. Drawings and site plans will be forthcoming.

Supervisor Kathleen Hallock

Ted Donner will be sworn in as Highway Superintendent at this evenings Organizational Meeting.

Supervisor Hallock will make a motion to approve a request from Ted Donner to enter his unused sick time into the Town Board record.

Supervisor Hallock will make a motion appointing Councilman McPherson as delegate and Councilman Bylewski as alternate for the 2005 Association of Town’s meeting in NY City. A motion will be made for all those attending the Association of Town’s meeting.

Supervisor Hallock has two motions regarding the Senior Services Van. One for the Town of Clarence and Erie County and the other is for the Town of Clarence and the Town of Newstead.

The Town Board received a letter from Town Assessor Dave Folger requesting using one week of four weeks of vacation that he carried over from 1997. Mr. Folger used that week in December so he now has a balance of three weeks.

Martin Root resigned from the Bi-Centennial Committee today so an opening will be announced at this evening Organizational Meeting. Mr. Root would rather serve on the Historic Preservation Committee.

Clarence Hollow Association has submitted a letter regarding Day in the Park. There were some concerns last year with the way the event was run. Councilman Weiss suggested meeting with all groups interested in hosting the event just to upgrade the expectations of the event.

There is new legislation regarding LOSAP (Length of Service Award Program). Joseph Floss has arranged a meeting with the representative from VFIS. A meeting has been scheduled for next Thursday, January 13, 2005 at 11:30 A.M. if anyone is interested. Adoption of any changes in benefits would be subject to a referendum.

Supervisor Hallock received a copy of a Resolution that the Town Board of Eden passed regarding Medicaid costs.

Supervisor Hallock will make two motions establishing positions for Civil Service.

Supervisor Hallock received a Resolution for creation of Veterans Cemetery in the Town of Cheektowaga. It appears that they are trying to designate one cemetery for the Western New York Region. Mt. Calvary Cemetery has fifty-acres available at their present location.

Councilman Ian McPherson

Councilman McPherson has an announcement regarding the Shimerville - Greiner Road SEMAC Study.

Councilman McPherson received a copy of a proposed resolution from Town of Amherst Councilman Dan Ward regarding our sewer billing. Money that the Town of Amherst has paid and expended to try to fire the employee that ran the pellet plant are part of what they were charging the Town of Clarence for. A motion was made on Monday at the Town of Amherst Town Board meeting to pay the County back for any monies that were billed for that purpose and also the Town of Clarence. The motion was not passed but the point of the matter is that there is a sense of awareness among the people in Amherst regarding the irregularities in the sewer billing procedures.

Councilman Scott Bylewski

Councilman Bylewski has several items regarding Adelphia Cable and the franchise agreement.

Councilman Bylewski will announce the repeal of the surcharge legislation.

Councilman Bylewski has received the Central Fire Alarm Report for December 2004.

Councilman Bylewski received a letter from the DEC regarding the closure of BDT. The incineration unit is considered officially closed.

Last week Councilman Bylewski asked Town Clerk Nancy Metzger to take a look at the minutes that she has received from the various committees. Under the Open Meetings Law every committee that is subject to the Open Meetings Law must file minutes with the Town Clerk’s Office, minutes are to be submitted within two weeks of the meeting. There is a reminder in the Organizational Meeting minutes indicating that all boards and committees fall under the umbrella of the Open Meetings Law. As liaisons to various committees each Board member should mention to each committee the importance of filing minutes with the Town Clerk’s office.

The Soccer Club has indicated that they would like to make some changes to the snack bar at the Soccer Center. Councilman Bylewski has e-mailed our Legal, Planning and Engineering Departments to give them a heads-up and asked the Planning Department what process we have to go through.

Supervisor Hallock announced that Wendel Duchscherer would review the design of Memorial Park as part of the scope of their work.

Councilman Joseph Weiss

Councilman Weiss will announce that the Floss Agency will contribute $1000. towards the reward for information leading to the arrest and conviction of those responsible for setting the fire at the pavilion at Meadowlakes Park.

Highway Superintendent Ted Donner is recommending John Kelkenberg be promoted to the open position of Working Crew Chief.

Councilman Bernard Kolber

Councilman Kolber and Supervisor Hallock met with the Town Supervisor’s from Amherst, Cheektowaga and Lancaster to discuss garbage pickup. The cost of garbage is arrived by combining two amounts, the pickup charge at the residence and the cost per ton to deliver the garbage to the landfill, called the “tipping” charge.

The Town of Cheektowaga has their own department that collects municipal waste using their own town employees and town trucks. Cheektowaga charges are based on assessed valuation.

Lancaster contracts with Upstate NY and charges a unit price of $137. Lancaster does not have a price protection clause in their agreement. A price protection clause indicates that if any municipality receives a lower rate, Lancaster would receive that lower rate. Their tipping charge is $40.64 per ton with American Refuel.

Amherst contracts with Waste Management and pays the $40.64 tipping charge. The unit charge per household is $172. Senior Refuse Officer Len Fiegl explained that the higher charge is because the Community Environment District includes garbage pickup, metal and brush pickup and composting charges. Amherst has a price protection agreement. They send 34,000 tons of garbage to American Refuel.

Newstead pays approximately $130 per year with BFI. Their tipping charge is $26 per ton at American Refuel; this price was negotiated last year through Eire County bid.

Eden pays approximately $125 per year.

Contracts are for 25 years with 5-year renewals with 30 or 90-day escape clauses for both parties. There are no senior discounts and commercial pickup is separate.

The Erie County bid will be awarded at the end of June 2005. It was suggested that we wait until that time to see what price the County receives. It was further suggested by Nathan Neill to initiate formation of a garbage district but not go through with the final order if bids do not come in low enough.

Len Fiegl from the Town of Amherst would be happy to talk to Clarence Town Board. Len is president of the Northwest Towns consortium and is very knowledgeable about landfill history, experiences of other towns and general information.

There being no further business, the meeting adjourned at 7:10 P.M.

Darcy A. Snyder

Deputy Town Clerk


Organizational meeting of the Town Board of the Town of Clarence was held Wednesday, January 5, 2005 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 Bernard Kolber led in the pledge to the flag, followed by a prayer given by Deacon Paul Snyder of St. Mary’s Catholic Church.

Hon. Ted Donner was installed into office as Superintendent of Highways of the Town of Clarence by Ron Witnauer, retired Highway Superintendent.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Several Town employees and various committee members were also present.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held December 15, 2004 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the Association of Towns of the State of New York is holding the Training School and Annual Meeting in New York City February 20 –23, 2005. 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 appoint Councilman McPherson as official delegate and Councilman Bylewski as alternate delegate for the Association of Towns 2005 Annual Meeting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant permission for the following to attend the 2005 Association of Towns Annual Meeting and Training School February 20 –23, 2005: 1 – Judge; 2 – Councilmembers; 1 – member of the Planning Board; 1 – member of the Municipal Review Committee; the Town Engineer and the Town Attorney. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the request by Theodore Donner to enter into record his unused sick time of 766 hours for future use. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to create the position of Youth Center Director in the Town of Clarence. On the question, Supervisor Hallock said this is being done for Civil Service purposes and the position is competitive. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to create the position of Assistant Town Engineer in the Town of Clarence. On the question, Supervisor Hallock said this is being done for Civil Service purposes and the position is competitive. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock received notice from the County of Erie Department of Public Works that the reconstruction of Lapp Road has been completed and the road is open to traffic.

Supervisor Hallock said Cara Pavlock, a senior at the Clarence High School, worked as an intern in her office this summer and prepared a “Welcome to Clarence” document. Cara worked very hard to make this booklet very comprehensive and include as much information for new residents as possible. It is available in the Supervisor’s office. She wanted to publicly acknowledge and thank her for all of her work.

Supervisor Hallock reminded everyone who has sidewalks in front of their house or business to keep the sidewalks clear, according to the Town Sidewalk Ordinance.

Supervisor Hallock wished everyone a happy, healthy and safe new year.

Motion by Councilman McPherson, seconded by Councilman Bylewski to adopt the following resolution:

Be It Resolved, that the Clarence Town Board authorizes the Supervisor to sign the yearly Inter-municipal Agreement between the Town of Clarence and the Town of Newstead for 2005 relative to the shared use of the Erie County Van.

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

Motion by Councilman McPherson, seconded by Councilman Weiss to adopt the following resolution:

Be It Resolved, that the Clarence Town Board authorizes the Supervisor to sign the Erie County Department of Senior Services Van Contract between the County of Erie and Town of Clarence for 2005.

On the question, Supervisor Hallock said this is for the van that Erie County supplies the Town with. The Town of Newstead uses it two days and Clarence uses three days. We share in the maintenance costs.

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

Councilman McPherson said that beginning in 1998 and 1999 toward the formation of Master Plan 2015, the Town created a Road Management Master Plan, which evaluates the level of service on all of our intersections. This was done in conjunction with the County roads and Town roads to identify roads that would be targeted for future improvements. One was the intersection of Shimerville and Greiner, which was a location of several serious accidents and fatalities. It led to a grant application for a Congestion Mitigation and Air Quality Grant (CMAQ Grant). We received approval several years ago for close to $1 million. It identified the intersection as being ready for improvement equivalent to signalization. A later development was for consideration of a roundabout. In the interim, a four-way stop sign was installed this past year.

The design phase began today with a meeting of County and State officials, Town Engineer Joe Latona, Councilman Weiss and himself. This will lead to public awareness forums to outline what the parameters of the project will be. It is the beginning of a long step to improve the safety of that intersection.

Councilman Bylewski reported that he received a copy of correspondence sent by Adelphia to the Public Service Commission regarding the executed franchise agreement with the Town of Clarence for their review.

Councilman Bylewski reported that the check from Adelphia for payment of franchise fees for the period of April 2004 through September 2004 was received in the amount of $75,396.49. The figure represents 3% of their receipts received during that period.

Councilman Bylewski said we had passed a local law to deal with the imposition of a local surcharge on traffic violations that occurred in the Town of Clarence. The local law came about because of the budgetary actions of the State. The legislation was repealed, which also repeals the local law. We received this notification from the Office of the State Comptroller. A letter was also received from the Association of Towns thanking us for supporting the Association’s position.

Councilman Bylewski received the Amherst Central Fire Alarm Report for December 2004. Town of Clarence fire companies responded to the following: Structure Fires – 7; Miscellaneous Fires – 12; EMS Calls – 119; Motor Vehicle Accidents – 18; and Miscellaneous Calls – 44, for a total of 200 alarms.

Councilman Bylewski said a copy of correspondence was received from the Department of Environmental Conservation to Clean Harbors regarding the BDT facility. It states that based on their review of the certification for removal of the incineration unit, they consider the incineration unit officially closed. This acceptance does not extend to any other regulated units at the facility. Closure of those will be addressed upon completion of their required closure activities.

Closure of the unit does not affect the site wide corrective action obligations as outlined in the Order of Consent executed on April 21, 2003.

Councilman Bylewski said it is going to be a real exciting year in terms of the Smart Growth initiatives we are undergoing in the Town of Clarence. We are in the process of enacting a new Zoning Law with the public hearing set for January 19 th. We are also looking at a new Subdivision Law, an Adequate Public Facilities Law, Historic Preservation Law and legislation dealing with Transit Road access. He is looking forward to these Smart Growth initiatives and wishes everyone a Happy New Year.

Motion by Councilman Weiss, seconded by Councilman McPherson that upon recommendation of Highway Supt. Ted Donner, John K. Kelkenberg be promoted to Working Crew Chief effective January 15, 2005. John has been a reliable employee for 19 years and more than meets the requirements of the position. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss thanked Joe Floss for his $1,000 contribution to the reward in an attempt to find those responsible for the Meadowlakes Park vandalism. That brings the total reward to $5,000.

Councilman Kolber said he and Supervisor Hallock had a meeting with the supervisors from Amherst, Cheektowaga and Lancaster regarding garbage and trash pickup. We are attempting to get more information on the cost effectiveness. There are two separate fees to the project. One cost is for household pickups and the other is for disposal fees per ton. The residents are paying about $225 to $230 per year unless they have a senior discount. Eden is paying between $125 and $137, Newstead is about $130, Lancaster is about $137 and Amherst is $172 per household, which includes brush, metal and compost pickup as well. We will be looking into this further and see about forming a garbage district.

Councilman Kolber said he heard for the first time today about the proposal for Shimerville and Greiner of a roundabout. He thinks it is absolutely insane. He feels there are many more dangerous intersections in the Town than that. He wants to go on record as being absolutely opposed to placement of a roundabout at that location.

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 2 nd and 4 th Wednesday at 7:30 p.m., except as noted:

January 5 th and 19th

November 2nd and 16th

December 7 th and 21st

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”

NOTE : Council members shall vote by reverse seniority, with the Supervisor voting last. “For the Good of the Town” each speaker will be limited to one minute each.

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 9:00 a.m. – 5:00 p.m.

*-July & August 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. – 4:30p.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 Department:

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).

  • Adoption of Employee’s Salary Schedule as within adopted Year 2005 Budget except as noted in the Organizational Minutes.

7. Adoption of Town Policy Manual, revised sections 802 and 803, effective as of 1/1/05.

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

  • Holidays:

January 17, 2005 Monday Martin Luther King Day February 21, 2005 Monday Presidents’ Day

March 25, 2005 Friday Good Friday

May 30, 2005 Monday Memorial Day

July 4, 2005 Monday Independence Day

September 5, 2005 Monday Labor Day

October 10, 2005 Monday Columbus Day

November 11, 2005 Friday Veterans’ Day

November 24, 2005 Thursday Thanksgiving Day

November 25, 2005 Friday Thanksgiving Holiday

December 26, 2005 Monday Christmas Holiday

January 2, 2006 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.

  • Designation of Trick or Treat Night on Monday, October 31, 2005 from 5 to 8 p.m.

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

Motion by Councilman McPherson, seconded by Supervisor Hallock to approve items 11 – 29:

  • March 11, 2005 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 197 th birthday at a special event on March 6, 2005 at the Town Park Clubhouse starting at 12:00 noon. All residents are invited.
  • Longevity payments: Except for elected officials, longevity payments will be made in a lump sum to be paid in the next paycheck of the employee’s affected anniversary date as follows:

5 – 9 years of service $475.00

10 – 14 years of service $525.00

15 – 19 years of service $600.00

20 – 24 years of service $725.00

25+ years of service $800.00

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, Civil Engineer or Assistant 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, Civil Engineer or Assistant 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 2005 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 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, Scott DeStefano, Phil Baran, Suzanne H. D’Archangelo, Joseph Cartonia, Richard Baran and Dennis Shakey as Court Deputies per the budgeted amount – minimum pay of two hours.

21 22. Appointment of Jenna Snyder, Ginger Lindner, Kelli Buono, Debra Kastings, Dawn Trippie, Karen Moore, Wendy Gworek, Shirley Moore and Ruth Schultz as P/T Clerks. Appointment of Gayle Brace 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 Cleaner-RPT. Appointment of James Smith and Kelly Shantz as Dog Control Officer-PT. All P/T Clerks 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.

22 23. Town Clerk Nancy Metzger appoints Darcy Snyder as Deputy Town Clerk and Frances Dickman as Deputy Tax Receiver. 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.

23 24. Appointment of Steven Bengart as Town Attorney. Appointment of David Donohue as Deputy Town Attorney. Appointment of Cynthia Rosel as Paralegal.

24 25 Appointment of Joseph Latona P.E. as Town Engineer and Administrator of Flood Plain, Town Sewer Districts and Building Department.

25 26. Appointment of Timothy Lavocat as Civil Engineer and Deputy Flood Plain Administrator.

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

27 28. Appointment of Joseph Meacham as Chief Security Officer with a stipend of $350.00. Appointment of Richard Drumheller, James Freiheit, Ronald Bosela, William Emerson, Roseann Goetz, Rita Savage, Theodore Adrian, Peter Bordin, Anthony Haas, and John Hembrook as Security Officers .

28 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, Gerald Schutz and David Crawshaw as Substitute Crossing Guards.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the following items 30 – 49:

29 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 Cleaner-RPT.

30 31. The Deputy Highway Superintendent, the General Crew Chiefs, Deputy Town Clerk and Deputy Tax Receiver 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. Appointment of Jeffrey Didion as Arborist –PT.

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

38. Grant a one year leave of absence to Karen Jurek from the Civil Service Senior Clerk position in the Parks Department effective 1/1/05 to continue as confidential secretary to the Supervisor.

39. Appoint Karen Jurek as in-house Computer Network Coordinator with a stipend of $2,500.00 and Web Site Coordinator with a stipend of $500.00.

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

41. Appointment to the Arboretum Committee: Stephen Murtaugh, Richard Steger, James Burkard, Joseph Latona, Roy McCready, Todd Norris, Peter Wolfe and Jeffery Didion, Arborist-PT.

42. Appointment of Michael Rizzo as an alternate to the Board of Assessment for a one year term.

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

44. Appointment to the Bi-Centennial 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 and Elizabeth Smolka.

There is currently one opening.

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, and Ian McPherson, member of the Town Board.

47. Appointment to the Community Residence Committee: Barbara Utter, Lynn Pino, Eileen McCallister, Anne Houseman and Lynette McConnell.

48. Appointment to the Conservation Advisory Council for a three-year term to expire 12/31/07 :Stephen Murtaugh, John Jondle and Linda Constanzo. Appointment of Peter Wolfe as Chairperson. Appointment of Dale Bossert, Mike Bowers and Eric Zawacki as sub-committee to the Conservation Advisory Council for a one-year term to expire 12/31/05. There is currently one opening.

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

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

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following items 50 – 68:

50. Appointment as member of the Environmental Management Council with a term to expire 5/31/05: Albert Festaiuti. There is currently an opening for alternate.

51. Appointment to the Ethics Board: Elaine Rowley and Stephen Murtaugh to a five-year term to expire 12/31/09. There is currently one opening on the Ethics Board with a term to expire 12/31/05.

52. Appointment to the Fire Advisory Board for a one-year term: The elected year 2005 Fire Chiefs from Clarence, Clarence Center, East Amherst, Harris Hill, Rapids and Swormville Volunteer Fire Companies.

53. Appointment to the Historic Preservation Committee for a one year term: Mark Woodward as Town Historian. The Historic Preservation committee is created to establish a Historic Preservation law for the Town of Clarence. There are currently openings for four - eight more members for a one year term.

54. Appointment to the Clarence Industrial Development Agency: Clayton Ertel, Mary Powell, Christopher Kempton, Michael Buettner, Henry Bourg, David Hartzell and Peter D’Constanzo.

55. Appointment to the Inter-Community Committee: Andre Pigeon, George Grasser, Paul McCarthy, James Morabito and Scott Marchant.

56. Appointment to the Landscape Committee: Roy McCready, James Burkard and Wendy Salvati. Jeffrey Didion, to serve as arborist when authorized by the Parks Crew Chief.

57. There is one opening on the Clarence Library Board for a five-year term to expire 12/31/2009.

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: Phillip Sgamma, Chairperson; Louis Depowski, Daniel Michnik, John J. Moulin, Richard McNamara, Paul Shear and Matthew Balling.

60. Appointment to the Northeast Solid Waste/Recycling Board: William Podlewski-Chairperson, Robert Stroman, Donald Adams, Marjorie Ebersole, Nelson Miller and Brenda Young.

61. Appointment to the Planning Board: Patricia Powers, Chairperson; Wendy Weber-Salvati, 1 st Vice Chairperson and Christine Schneegold, 2 nd Vice Chairperson. Appointment of Christine Schneegold as member of the Planning Board with a term to expire 12/31/2011. Appointment of George Van Nest as alternate to the Planning Board for a one year term to expire 12/31/05.

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

63. Appointment of Larry Merkle, Richard Haag, Daniel Loudenslager, Timothy Lavocat, (representative of Engineering Dept.), to the Plumbing & Drainage Board and Joseph Latona as Chairperson.

64. Appointment to the Recreation Advisory Committee: Michael Powers, Harold Enstice, Peter Wolfe, C. Howard Johnt, Clifford Trapper, John Burns, Henry Brodowski and Peter DiCostanzo. Sub-committees may be formed with the Recreation Advisory Committee and the Clarence Sports Coalition.

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

66. Appointment to the Senior Center Board for a three-year term to expire 12/31/07 : Ruth Weaver, Peter Murto, Robert Hoag, Sandra Baker and Patricia Schanzer.

67. Appointment to the Traffic Safety Board: John Wind, Jonathan Grapes, Gary Wright, John Schwab, Daniel Stahley, Kim Silvestro and Krista Swann.

68. Appointment to the Youth Center Board: David Decker and Debra Duringer for a three-year term to expire 12/31/07. There are currently three openings, two with terms to expire 12/31/05, one with a term to expire 12/31/07.

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

Motion by Councilman Kolber, seconded by Supervisor Hallock to approve the following items 69 – 79 and the resolutions pertaining to the Highway Department:

69. Appointment to the Zoning Board of Appeals: Ronald Newton, Chairperson and John Brady, Vice Chairperson. Appointment of John Brady for a five-year term to expire 12/31/09.

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. Authorize the Supervisor to sign an agreement for Audit Services for December 31, 2004.

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

74. 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.

75. Appointment of Manufacturers and Traders Trust Co., HSBC/Clarence Branch, Key Bank/Clarence Office, Fleet Bank/Transit Road Branch, Bank of Akron/Clarence Center and Main Street Branches, Charter One Bank, JP Morgan Chase Bank and Citibank as depositories for the Town of Clarence.

76. 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.

77. 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.

78. 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.

79. Set Public Hearing date of February 23, 2005 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 $1,006,254.00 may be expended for general repairs upon 114.73 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 2005 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 2005, along with the Town Engineer. All reasonable expenses will be covered by the Town of Clarence.

On the question, Councilman Bylewski said in regard to item 75, according to New York State General Municipal Law, he is required to disclose that the firm where he is an associate, Nesper, Ferber and DiGiacomo, represents M & T Bank from time to time. However, the law also provides an exemption from the Conflicts of Interest Law for depositories and voting thereon, therefore he will be voting. 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 and Grace Shear, Bookkeeper.

Supervisor Hallock said each member of the Town Board has received Supervisor’s Liaison Assignments for 2005.

The Supervisor’s Liaison Assignments are as follows: Town Hall; Animal Control; Ethics Board; Arboretum Committee; Industrial Development Agency; Bicentennial Committee; Capital Improvements; Inter-Community Committee; Computers; Recreation Advisory Committee; Avoidable Alarm Committee and Grants.

Supervisor Hallock thanked all of the department heads, employees and committee people who are here this evening.

Motion by Councilman McPherson, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of December 30, 2004 are approved for payment: General Fund - $155,172.33; Highway Fund - $63,185.11; Sewer Districts - $3,412.50; Capital Fund - $497.96; Special Revenue - $3,297.20; and Trust and Agency 203 - $17,464.15 for a total of $243,029.25. On the question, Councilman Bylewski said there were a couple vouchers for NOCO, who is represented by his firm from time to time on unrelated matters. This is ministerial, so he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson read his Liaison Assignments as follows: Community Residences; Clarence Chamber of Commerce; Traffic Safety Board; Clarence Senior Center; Labor Management; Public Utilities/Street Lights; Clarence Hollow merchants Association; Sidewalk Task Force; and Clarence Center Community Association.

Councilman Bylewski read his Liaison Assignments as follows: Planning Board/Zoning Codes; Cable TV; Municipal Review Committee; Emergency Services; Fire Companies; Clergy Association; Service Organizations; Discharge of Firearms Committee; Law/Legislation; Historic Preservation Committee; and Youth Center.

Councilman Weiss read his Liaison Assignments as follows: Insurance; Environmental Management Council; Engineering/Building Departments; Conservation Advisory Council; Highway Department/Drainage; Parks Security; Detention Pond Committee; Parks Department; Plumbing & Drainage Board; Town Sewer Districts; and Master Sewer.

Councilman Kolber read his Liaison Assignments as follows: Clarence Meeting House Board; Clarence School Board; Library Board; Recreation; Northeast Solid Waste/Recycling; Board of Appeals; Historical Society; Amherst-NE Erie Municipal Trails; and Assessor.

“For the Good of the Town”

Jerry Schutz said he was not reappointed to his job this year in Security. He believes after 16 years and an above average evaluation every year, he should at least be offered the courtesy of a hearing.

There being no further business, Supervisor Hallock adjourned the meeting at 8:25 P.M. in memory of Glenwood Hartwig, Frances Honsberger and all of the victims of the Tsunami disaster.

Nancy C. Metzger, Town Clerk