Organizational Meeting of the Town Board of the Town of Clarence was held Wednesday, January 7, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer read by Supervisor Hallock. Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Highway Supt. Ron Witnauer and Town Justice William Waible. Several Town department heads and employees were also present.
Motion by Councilman Bylewski, seconded by Supervisor Hallock to approve the minutes of the previous meeting held December 3, 2003 as received. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: None. Abstain: Councilmembers Kolber and Weiss. Motion carried.
Motion by Councilman McPherson, seconded by Councilman Bylewski to approve the minutes of the previous meeting held December 17, 2003 as received. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: None. Abstain: Councilmembers Kolber and Weiss. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman McPherson to approve the minutes of the previous meeting held December 31, 2003 as received. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: None. Abstain: Councilmembers Kolber and Weiss. Motion carried.
Supervisor Hallock announced that the Association of Towns of the state of New York 2004 Training School and Annual Meeting will be held at the Hilton New York & Towers in New York City February 15 – 18, 2004. The training session is for town officials. There will be an informational hearing, general opening session, group sessions and an annual business session for official delegates.
Motion by Supervisor Hallock, seconded by Councilman McPherson to grant permission for the following to attend the 2004 Association of Towns Annual Meeting and Training School February 15 –18, 2004: (1) Judge, the Supervisor, (2) Councilmembers, (1) member of the Planning Board, the Town Engineer and (1) member of the Municipal Review Committee. Upon roll call – Ayes: All; Noes: None. Motion carried.
Supervisor Hallock said she made announcements last month requesting applications for various committees. She is pleased that so many qualified, interested people responded. She appreciates their willingness to serve the Town, as well as those who continue to serve and those who have served in the past.
Supervisor Hallock reminded everyone who has sidewalks in front of their house or business to keep the sidewalks clear. It is stipulated in the Town Sidewalk Ordinance.
Supervisor Hallock said she received a letter today from Patrick Homes of WNY requesting permission to place a temporary construction and sales trailer at Waterford Estates. The site plan has been submitted. This should have been an agenda item. Normally, we do not pass these items without them being on the agenda.
Motion by Councilman McPherson, seconded by Councilman Bylewski to authorize the Supervisor to sign the yearly Inter-Municipal Agreement between the Town of Clarence and the Town of Newstead for 2004 relative to the shared use of the Erie County Van. On the question, Supervisor Hallock said this is for the van supplied for Erie County for use by our senior citizens. We have an agreement with Newstead for them to use it 40% of the time and Clarence for 60% of the time. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman McPherson announced that the School on Municipal Energy Cooperative will hold a meeting January 13, 2004 at Erie BOCES on Harlem Road at 1:30 P.M.
Councilman Bylewski stated that we received Leader Environmental Status Report #100. They reviewed various documents and the Clean Harbors demolition permit application for BDT. The report is on file in the Supervisor’s Office.
Councilman Bylewski received the Central Fire Alarm Office Annual 2003 Operations Report. Town of Clarence fire companies responded to the following: structure fires – 19; motor vehicle fires – 9; miscellaneous fires – 95; false alarms – 2; EMS calls – 987; motor vehicle accidents – 178; and miscellaneous calls – 376 for a total of 1,666 alarms.
Councilman Bylewski announced that the Town received a check from Adelphia in the amount of $62,744.84 in franchise fees for the period of April 2003 through September 2003. This is based on 3% of the total net receipts of $2,091,494.76.
Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Supervisor Hallock as Delegate and Councilman McPherson as Alternate to the Annual Business Session of the Association of Towns Meeting on Wednesday, February 18, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski said when he was first elected, he ran on and continues to follow on a platform of Smart Growth, Fiscal Common Sense and Balanced Representation. Last week at the swearing in ceremony, Bill Dickman gave a very nice speech in which he quoted Tip O’Neil, “all politics are local”. There is also a saying out there by John Henry Schlegel, “all law is politics” and you can correlate that with all laws are local.
Councilman Weiss said he has spent the first three days in office in meetings and he hasn’t received any reports yet.
Councilman Kolber reported that Erie County is holding an electronics recycling drop-off on Saturday, January 10, 2004 from 9:00 A.M. until 12:00 P.M. You can drop off computers, fluorescent bulbs and ballasts and old cell phones. They are also recycling Christmas trees. The locations for drop offs are Como Lake Park, Chestnut Ridge Park and Delaware Park.
Councilman Kolber said he would like to bring government back to the people of the Town. In so doing, he would like to have a meeting with the people where they can express what they would like to do and where they would like to see the Town go. He will work on setting up a meeting in the future.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following Organizational Items 1. – 9.:
1. Town Board Meetings:
Work Session to start at 6:30 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
NOTE: Council members shall vote by reverse seniority, with the Supervisor voting last. “For the Good of the Town” will be for informational purposes only and each speaker will be limited to one minute each.
3. 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 could make exceptions.
4. Town Hall Offices:
Town Attorney -Week Days 8:30 a.m. – 4:30 p.m.
Engineering and Building Department:
6. Adoption of Employee’s Salary Schedule as within adopted Year 2004 Budget except as noted in the Organizational Minutes.
7. Adoption of Town Policy Manual, revised sections 802, 803, 804, 810 and 811 effective as of 1/1/04.
8. New York State Retirement: The Town shall pay for all employees under the Retirement Plan Section 75-1.
9. Holidays: January 1, 2004 Thursday New Year’s Day
NOTE: Employee must work the day before and the day after the holiday to be paid unless on vacation or approved sick leave.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman McPherson, seconded by Supervisor Hallock to approve the following Organizational Items 10. – 21.:
10. Designation of Trick or Treat Night on Sunday, October 31, 2004 from 5 to 8 p.m.
11. Longevity payments: Except for elected officials, longevity payments will be made upon the employee’s anniversary date as follows:
12. Any employee who is an active Volunteer Fireman may, with Department Head approval, respond when needed to any working fire or 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.
13. All employees must live in the Town of Clarence. Exceptions must have Town board approval. A public hearing is set for Wednesday, January 21, 2004 at 8:00 pm for the Residency Law for Town Employees.
14. Approval for all elected Officials, Building Inspectors, Town Engineer, Civil 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. 15. 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, Dog Control Officer, Assessor, Director of Community Development, Asst. Director of Community Development, Building Inspectors and Plumbing Inspector.
16. All mail will be distributed by the Supervisor’s Office.
17. All appointments unless otherwise noted are for the year 2004 or unless otherwise set forth by law.
18. 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.
19. 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.
20. Appointment of David Wetzler, Guy Fleming, Randall Haentges, David Domon, Scott DeStefano, Phil Baran, Suzanne H. D’Archangelo and Joseph Cartonia as Court Deputies as per the budgeted amount – minimum pay of two hours.
21. Appointment of Gayle Brace, Laurene Elbers, Jenna Snyder, Ginger Lindner, Kelli Buono, Debra Kastings, Dawn Trippie, Karen Moore, Wendy Gworek and Ruth Schultz as P/T Clerks. 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 Jim Smith, David Crawshaw, and Kelly Shantz as Dog Control Officer – PT.
Upon roll call – Ayes: All; Noes: None. Motion carried.
22. 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. Appointment of Steven Bengart as Town Attorney. Appointment of Cindi Rosel as Paralegal. Appointment of Robert Friedman as Town Prosecutor.
24. Appointment of Joseph Latona P.E. as Town Engineer and Administrator of Flood Plain, Town Sewer Districts and Building Department.
25. Appointment of Timothy Lavocat as Civil Engineer and Deputy Floodplain Administrator.
27. Appointment of Joseph Meacham as Chief Security Officer with a stipend of $250.00. Appointment of Richard Drumheller, Gerald Schutz, James Freiheit, Ronald Bosela, William Emerson, Roseann Goetz, Rita Savage, Douglas Moore, Theodore Adrian, Alan Wolbert and Peter Bordin as Security Officers.
28. 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.
29. Appointment of John Binner as Plumbing Inspector.
30. Highway Superintendent Witnauer appoints: Theodore Donner as Deputy Highway Superintendent; Gregory Giblin and Robert Lavocat as General Crew Chiefs, Gail Englert as Confidential Secretary and Camille O’Reilly Cleaner-RPT.
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.
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 Jeff 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 1/1/04 to continue as confidential secretary to the Supervisor.
39. Appoint Karen Jurek as in-house Computer Network Coordinator with a stipend of $1,200.00.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Supervisor Hallock to approve the following Organizational Items 40. – 67.:
41. Appointment to the Arboretum Committee: Steve Murtaugh, Richard Steger, Jim Burkard, Joseph Latona, Roy McCready, Todd Norris, Peter Wolfe and Jeff Didion.
42. Appointment to the Avoidable Alarm Committee: David Metzger, Building Department Representative, Gary McNally and David Stengel.
43. Appointment to the Bi-Centennial Committee for a one-year term: Mark Woodword.
44. Appointment to the Cable Television Advisory Committee: Paul Santa Maria, Ruth Schultz, Julie Ann McCullough, Chuck Eckert and Henry Becker.
45. Appointment to the Capital Projects Committee for a one-year term: Town Supervisor, Director of Community Development and Town Engineer.
46. Appointment to the Community Residence Committee: Barbara Utter, Lynn Pino, Eileen McCallister, Anne Houseman and Lynette McConnell.
47. Appointment to the Conservation Advisory Council for a three-year term to expire 12/31/06: Peter Wolfe, Jim Burkard, Todd Norris and Joel Radder. John Jondle will be compensated at PT budgeted rate of pay for Conservation Advisory Council programs. Appointment of Dale Bossert, Mike Bowers and Eric Zawacki as sub-committee to the Conservation Advisory Council for a one-year term to expire 12/31/04.
48. 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.)
49. Appointment of Theresa Benson as member of the Environmental Management Council with a term to expire 5/31/05 and Rob Kuberka as an alternate.
50. Appointment to the Ethics Board: Ronald Banks and Robert Beil to a five-year term to expire 12/31/08.
51. Appointment to the Fire Advisory Board for a one-year term: the elected year 2004 Fire Chiefs from Clarence, Clarence Center, East Amherst, Harris Hill, Rapids and Swormville Volunteer Fire Companies.
52. Appointment to the Clarence Industrial Development Agency: Clayton Ertel, Mary Powell, Christopher Kempton, Michael Buettner, Stephen Murtaugh, Henry Bourg and David Hartzell.
53. Appointment to the Inter-Community Committee: Andre Pigeon, George Grasser, Paul McCarthy and Jim Morabito.
54. Appointment to the Landscape Committee: Roy McCready and James Burkard. Jeff Didion, to serve as arborist when authorized by the Parks Crew Chief.
55. Appointment of Betty McMahon to the Clarence Library Board for a five-year term to expire 12/31/2008.
56. Appointment to the Clarence Meeting House Board: Joanna Pickering, John Conlin, Daniel Gamin, Robert Lenz and Linda Mosher.
57. Appointment of James Callahan as Ex-Officio to the Municipal Review Committee; Phillip Sgamma as Chairperson of the Municipal Review Committee and Louis Depowski, Daniel Michnik, John J. Moulin, Richard McNamara, Paul Shear and Matthew Balling as members of the Municipal Review Committee.
58. Appointment to the Northeast Solid Waste/Recycling Board: William Podlewski-Chairman, Robert Stroman, Donald Adams, Edna Scherf, Marjorie Ebersole, and Nelson Miller.
59. Appointment of Patricia Powers as Chairperson, Wendy Weber-Salvati as 1st Vice Chairperson, Christine Schneegold as 2nd Vice Chairperson for the Planning Board. Appointment of Wendy Weber-Salvati to the Planning Board with a term to expire 12/31/2010. Appointment of Timothy Pazda as Alternate to the Planning Board for a one- year term to expire 12/31/04.
60. The Sign Review Board shall consist of the Planning Board Chairman and two members of the Planning Board.
61. Appointment of Larry Merkle, Richard Haag, Timothy Lavocat, (representative of Engineering Dept.), to the Plumbing & Drainage Board and Joseph Latona as Chairman. Local Ordinance is under review. Final member will be appointed when changes are finalized.
62. Appointment of the Recreation Advisory Committee: Michael Powers, Harold Enstice, Peter Wolfe, C. Howard Johnt, Clifford Trapper, John Burns, Hank Brodowski and Peter DiCostanzo. Sub-committees will be formed with the Recreation Advisory Committee and the Clarence Sports Coalition.
63. Appointment to the Restricted Hunting and Discharge of Firearms Committee: Alicia Braaten, Daniel Schofield, Edward Woodworth, Richard Woods and Larry Schuknecht.
64. Appointment to the Senior Center Board for a three-year term to expire 12/31/06: William Westley, Emilio Corbelli, Richard Zelawski, Eugene Carlozzi and Barbara Ucci.
65. Appointment to the Sidewalk Task Force: Paul Ferry, Jim Morabito, Marge Chase and Paul Martell.
66. Appointment to the Traffic Safety Board: John Wind, Jonathan Grapes, Gary Wright, John Schwab, Daniel Stahley, Kim Silvestro and Linda Nastasi.
67. Appointment of the following to the Youth Center Board: Nancy Leyland-Reister and Wendy Lennert for a three-year term to expire 12/31/06.
On the question, Councilman Bylewski said in regard to item 54., he understood that the Arborist would be a member of the Landscape Committee and that Jeff Didion would act in his position as Arborist when authorized by the Parks Crew Chief. Supervisor Hallock said she believed he would appear for the Landscape Committee only when his services were necessary. We can look into that further. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Kolber, seconded by Supervisor Hallock to approve the following Organizational Items 68. – 78. and the resolutions pertaining to the Highway Department:
68. Appointment of Ron Newton as Chairperson and John Brady as Vice Chairperson of the Zoning Board of Appeals. Appointment of John Gatti as member of the Zoning Board of Appeals for a five-year term to expire 12/31/08.
69. Investment Policy and Purchasing Policy for the Town of Clarence are available from the Offices of the Supervisor or the Town Clerk.
70. Appointment of Supervisor as 504/ADA Officer for Erie County Community Development Program.
71. Authorize the Supervisor to sign an agreement for Audit Services for December 31, 2003.
72. Appoint Daniel Tirone and Fox & Company 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, 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.
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 25, 2004 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 $966,905 may be expended for general repairs upon 113.75 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, Meadowlakes area, and Hunting Valley areas. Road rebuilding: 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 2004 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 2004, 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 74., appointing M & T Bank as a depository for the Town, he is an associate of Nesper, Ferber and DiGiacomo who represents M & T from time to time. However, that item is exempt from the Conflict of Interest Law, 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 she is very happy to see so many department heads and employees present this evening.
In regard to Public Participation, no one spoke.
“For the Good of the Town”
Supervisor Hallock said each member of the Town Board will read their Liaison Assignments for 2004 and hers are as follows: Town Hall, Ethics Board, Industrial Development Agency, Capital Improvements, Computers, Security Department, avoidable Alarm Committee, Animal Control, Arboretum Committee, Bi-Centennial Committee, Conservation Advisory Council, Inter-Community Committee, Recreation Advisory Board and Law-Legislation-Grants.
Councilman McPherson wished everyone a Happy New Year and congratulated all selected to serve their community. His Liaison Assignments are as follows: Master sewer Plan, Town Sewer Districts, Traffic Safety Board, Labor Management, Clarence Hollow Merchants Association, Clarence Center Community Association, Clarence Chamber of Commerce, Clarence Senior Center, Public Utilities/Street Lights and Sidewalk Task Force.
Councilman Bylewski announced his Liaison Assignments are as follows: Planning Board/Zoning Codes, Municipal Review Committee, Fire Companies, service Organizations, Cable TV, Emergency Services, Clergy Association and Discharge of Firearms Committee.
Councilman Weiss announced his Liaison Assignments are as follows: Insurance, Engineering/Building, Highway Department/Drainage, Detention Pond Committee, Plumbing & Drainage Board, Clarence School Board, Youth Center, Assessor and Environmental Management Council.
Councilman Kolber announced his Liaison Assignments as follows: Parks Department, Recreation Department, Clarence Meeting House Board, Library Board, Amherst-Northeast Erie Inter-Municipal Trails Committee, Historical Society, Community Residences, Board of Appeals and Northeast Solid Waste/Recycling.
Motion by Councilman Bylewski, seconded by Councilman Weiss to adjourn the meeting at 8:10 P.M.
Nancy C. Metzger, Town Clerk