A Work Session of the Clarence Town Board was held April 7, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 9:04 A.M. Members of the Town Board present were Council Member’s Ian McPherson, Scott Bylewski, and Joseph Weiss. Councilman Kolber was absent. Other Town Officials present were Assistant Director of Community Development James Hartz, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith and Highway Superintendent Ron Witnauer.

Town Engineer Joseph Latona – Update of Sewer Districts

The Town of Clarence has four Sanitary Sewer Districts and one County District. The Clarence Districts are #2, #6, #7 & #9. District #2 which is Clarence Center was formed around 1984, it is the oldest district. District #6 was formed in 1994, District #7 formed in 1995 and District #9 was formed August 1988.

District #2 is Clarence Center. Sewage from District #2 comes out Clarence Center Road in a 10” sewer and ties in to the Peanut Line Trunk Sewer. The only sewers in District #6 are in Beech Meadows. District #7 is Fox Trace; District #9 is Clarence Hollow. The County District is Erie County Sewer District #5 which is the area along Transit Road including Meadow Lakes District #5 was basically created for Eastern Hills Mall. The trunk sewer runs down Transit Road and up to Dodge Road and into Amherst. District #5 includes all of Meadow Lakes and Loch Lea and everything along Transit Road. The Peanut Line serves District #2, some of District #6 and some of District #5. All the municipal sewage from Clarence goes to Amherst. There is some non-municipal such as Wilson Greatbatch, Sisters of St. Joseph and Spaulding Lake. District #2 is the owner of the Peanut Line Trunk sewer from Transit to Heise Road. Waterford is in Sewer District #6. The Dodge Road sewer at this point is having some wet weather sewer flow problems.

In 1988, the voters in Clarence Hollow voted down a wastewater treatment district for sewers in the hollow. Pollution has been documented in Clarence Hollow since the 1940’s. Once the Hollow voted this down, in 1992 the Department of Environmental Conservation placed the town under a consent order. The consent order said the Town of Clarence must come up with a plan to take care of the sewage in the Hollow or they would be fined. In 1989 the Town of Clarence in response to the DEC consent order had a Master Sewer Plan developed to service Clarence Hollow. Subsequent to this, the town approved numerous exercises for servicing the Hollow. There were studies done that would treat the sewage in the Hollow or provide a way to get the sewage to Amherst. The NYS Controller controls how much you can spend and how much you can charge for services. When the Town started going through exercises in Clarence Hollow, both with treatment or piping it into Amherst the way the Master Sewer Plan showed, they came out with per unit costs of $1,200. - $1,400. per unit. The cost was so high because there was no grant money available to fund any part of this. At that point, the Town did not even go to the residents with it because it would not have made it through the State Controllers office and the residents could not afford it. Nothing further was done until 1998 when the town received a grant from NYS DEC which was an 85% grant, 15% local share. At that point, the Town went to the DEC and asked how much money they could get the Town. At that time, they said they could only get us $5,000,000. The town then proceeded and had a mandatory referendum for the residents in the Hollow. The referendum passed 3 – 1 based on $500 per unit. That was just for the sewage in the Hollow, the town had to get from the Hollow to Amherst. At the time that the trunk sewer was estimated approximately $4.5 million in 1998. The only way to get from point A to point B was a trunk sewer. At that time, the property was purchased in Waterford. At the time it was said that Waterford would not be given consideration unless thought was given to running the trunk line.

Town Engineer Latona passed out charts showing the proposed 24” pipe which runs down the Peanut Line which was the Master Sewer Plan proposal. The bottom approximate half of the 24” goes into an 18” that is in Amherst. The existing 10” pipe in Sewer District #2 also goes into the 18” pipe. When all of those are committed which they are to date, it in essence fills the capacity of the 18” which means there is no other development that can go in until the 18” line in made larger which is proposed. The position to date is if anything goes with that 18”, the Town of Clarence wants discretion in that pipe and a full blown environmental with the impact to Clarence. The 18” is the key to any more development at this point from a sewer capacity issue. In addition to that, the trunk that is going out to the Hollow is private and no taps are allowed for development other than what is allocated for Waterford, existing homes get a tap. This is a pollution abatement plan; eliminate septic systems if we can. There is a generic 500 units to the east of Town Hall which are also included, that is the limit of what can go in. If the 500 units want to go anywhere, a full environmental study has to been done. The town board has complete control and discretion over any of the decisions on it.

The Town of Clarence has a contract with the Town of Amherst that says there will not be another municipal owned treatment plant in the Town. The language basically says that the Town of Clarence will not build or cause to have built any treatment plants the discharge of which goes into tributaries that enter the Town of Amherst. That is one of the reasons why the town could not build a treatment plant in the Hollow area even if the other factors allowed us to do that because the tributary discharge would have gone into Ransom Creek.

Town Engineer Latona stated that without grant money, sewers are not going in anywhere.

There is concern regarding traffic, the concern is the north-south roads are congested. Some of it is caused from development; some is caused from people by-passing Transit Road and just passing through town. Town Engineer Latona, Director of Community Development James Callahan and James Hartz and Councilman McPherson developed a Traffic Management Study; they hired a consultant who looked at all the road links. When a developer proposes a development, the town requires a traffic study. Historically the developers’ traffic study will say there is no impact, because it is just his study however, what has been done is we have set “level of service” on both the links and the intersections. They are ranked alphabetically, A, B, C, and D – D being the lowest. A model has been developed that will tell us at what traffic flow those level of services drop below the desired level. The model takes into account the entire town; it takes in normal growth, planned growth and people passing through. When the town gets a traffic study in from a developer, they do it to our format so we can evaluate it.

Mr. Latona further stated that increasing the level of service on a roadway is more difficult then controlling it at the intersections. At the intersections you can install left and right turning lanes, signals etc. and move traffic more efficiently even if the links are congested. The goal of the study is if there is a level of impact on a level of service, the town wants to know ahead of time, we are now at the point of what is the mitigation for that, what is the cost and who will pay it and how do we pay it. Do we put a fee on to a building permit, or set up an escrow, or charge a developer an impact fee. Councilman Weiss said this is not being done now but it will be done in concert with the process of the development. Mr. Latona stated that was correct. Councilman McPherson stated that it is not an impact fee if the developer agrees to do it as part of the approval process. Town Engineer Latona stated that the town has charged development a certain amount of money when a signal is warranted at an intersection; he gave the example of Harris Hill and Greiner Road. The Town of Clarence with cooperation from the Town of Amherst Highway Department under a mutual aid agreement built the signal and then charged the developers a portion. It was not an impact fee; it was part of the developer’s approval that when a signal is warranted, they pay a certain amount of money.

Mr. Latona stated that we had a $5 million dollar request from the DEC. It turns out that instead of $5 million, someone at the state level misplaced the decimal point and the town only received half a million. Since then the town has picked up some additional money to get to the needed $5 million, we are at $4.3 million. The Town has already paid NYS Department of Transportation $1.1 million for Clarence Hollow which was less than the estimate and it is reimbursable from the state.

Councilman McPherson - PowerPoint Presentation

The sewer district was passed by the voters in District #9 by a large margin. The Town’s promise to these residents was that they would keep the number around $500. The Comptrollers office gave us a ceiling of $567. The funds started coming in, we received $1.5 million from the DEC, $.5 million from Senator Rath. One of the other things that was pledged to the district is that we would not incur expenses if there was not going to be a project. Some of the member money from Senator Rath was used to take care of some of the upfront expenses such as engineering etc. Congressmen Reynolds came up with $1.8 million and then half a million for $2.3 million that was his contribution and he is going back for more. We are still short approximately $1,000,000. dollars by today’s standards and are continuing our efforts to get that. The coordination for the trunk sewer is ongoing, the trunk sewer is under construction and they anticipate being there by June or July of this year. Their contract calls for them to be there in time to be utilized by the sewer project when we activate it.

A presentation was given June 18 for all the residents in the sewer district to upgrade them and educate them as to how we have gotten to where we are, and what is needed and what the future is going to bring in terms of sewer construction. The pollution problem has been documented as far back as forty-eight years ago.

June 2003 a document was circulated to all the people present at the meeting and recently after a Clarence Hollow meeting, it was decided to upgrade the presentation to what is being presented today. This will be distributed to all the parcel owners who are going to be impacted by the first round of the sewer installation this year and next which is approximately 110 +/- parcels.

Frequently Asked Questions:

Where are sewers being installed?

The original concept was to install them in the entire district because we were anticipating total funding by the DEC when they told was we were there for $5,000,000 to $5.5, 000,000. and then gave us $1.5, 000,000 and told us to get started. So we had to do what we did not want to do, we had to segment the project. The first order we had to follow was the consent order which mandated the corrections to be made on Main Street and it also fit into running the major lines on Main Street so we were able to put that together. Where the trunk sewer comes in at Hillcrest and runs down Greiner and then down Bank Street because Bank Street is the lowest elevation in the Hollow area. The sanitary sewers are going to be on Main Street, Bank Street, Greiner Road from Bank Street to Hillcrest and since then (this Town Board authorized it) we have added the Sisters of St. Joseph and that line will be coming through cross county to Hillcrest and then down Hillcrest. Hillcrest will be included in the first phase.

When will the sanitary sewers be ready for connecting?

It is difficult to detail that because we do not know what we are going to run into in terms of construction. We could run into mystery sewer lines. Fortunately we have not hit anything on Main Street so far. But if we ran into something like that, there would be significant time delays. We are guessing some of them will be ready in 2004 and south of Main Street will be ready the following year. There is a method of doing the activation, where we are going to wait until it is significantly completed before we are going to accept the system. Reason being, that gives people only 90 days after we have accepted the system for them to hook up. We want to give the property owners as much time as possible before they must hook up.

Who decides where my house sewer will connect to the main sewer?

This will be a collaborative effort among the DOT, the town, and individual contractors who would be working on the individual parcels.

Councilman Bylewski asked about the 90 acceptance by the town. Town Engineer Latona stated that the ordinance says 90 days after notice to connect.

The Town Board is the sewer district commissioners for Sewer District #9 and Sewer District #2, #6 & #7 also.

How much will the connection cost?

There is no tap fee for existing buildings however, depending on your specific conditions the estimated fee to connect from the building to the sewer tap is $2,000 to $2,500.

Is there funding available for connecting to the sewer?

The Erie County Department of Environment and Planning has funding available depending upon household size and income. Representatives were brought in from M&T Bank and Bank of Akron who were prepared and offered to establish low interest loan programs for hookups and encourage people to establish a relationship with the banks as early as possible so there would be a minimum of disruption when and if they came for funds. Supervisor Hallock stated that the Department of Environment and Planning is community development money, grants are not available. There are loans, it is a deferred loan, if you can not afford it, you borrow the money and when you sell the house that money gets paid back. They will come out to the town and take applications.

The plan is to make the easiest method of connection available.

Councilman McPherson said that one of the questions raised by some of the property owners in the Hollow is shouldn’t they be hooking up now because of sidewalk construction ect. going in on Main Street. If people are concerned about hookups, they can do their hook-ups now, however if they want to wait, there will be no imposition on them by waiting. There are areas that are solid rock up in the Hollow area and it has been suggested that the individual property owners get together hire one contractor to go in a do all the busting.

Town Engineer Latona stated that hooking up to sewers is not a simple task, you have to decommission the septic tank. This means pumping out the tank, busting it up and filling it in and then connect from your house to your new sewer. This will be done either from the backyard or internally in the basement by turning the plumbing and going out the front. If it is done internally, you need a plumbing permit in addition to the sewer tap. We also need to make sure there is no sump pumps connected to the sewer because we would be paying to treat storm water. A list of all local plumbing, sewer and excavation contractors is available. Also included are typical service diagrams to pass on to whoever is contracted to do the work.

Councilman McPherson said that the trunk sewer is moving along and they are pledging to be there when they are needed. The Department of Transportation is just about finished with their work; they are hoping to be done by the end of September. The sewer work will continue and be on going. The only thing left to do is to come up with the rest of the funds needed.

Supervisor Hallock stated that the DOT project is on schedule, they hope to be done this year with the Main Street road widening project and the sidewalks. The landscaping will take place next year. Supervisor Hallock asked if the sidewalks are going in this year, should the residents along Main Street have their taps installed before hand so they do not disrupt the sidewalks. Councilman McPherson stated that it did not matter because in all probability, they will be able to do it around the sidewalks. There may be one or two unique situations and replacing 10 sq. feet of sidewalk would not be a problem, it would be the responsibility of the contractor installing the sewer. The residents are free to install their taps before hand if they want, there is no specific recommendation.

Town Engineer Latona stated that he is hoping to bid Hillcrest Drive next spring.

Supervisor Hallock asked if the $500 per unit for individual homeowners is the capital cost. Councilman McPherson stated that it was for operations and maintenance plus the debt reduction. Town Engineer Latona stated that in the map plan and report there is a break down of capital cost plus operation and maintenance and treatment that is the $500.

Councilman McPherson stated that as the debt reduction goes down, the operation and maintenance will go up. It will hover at $500 until the debt reduction is completed and then it will just go to operation and maintenance.

Councilman McPherson further commented that we have four sewer districts in town plus sewer district #5. Amherst has a sewage treatment plant that they have expanded and Councilman McPherson believes they are looking to regionalize it in conjunction with the county. Sewer #5 maintains all of our sewers; wedo not do any of our own sewer maintenance although it was discussed several years ago however, it just wasn’t worth it for us and the price that Erie County charges is reasonable. Councilman McPherson believes that down the road it looks as though the county would prefer to have a regionalized sewage treatment plant which would be the Amherst treatment plant and Erie County would like to manage and absorb all of our sewer districts into sewer district #5. The transition between the problems on Dodge Road and Klein Road in Amherst, the 24” relief sewer that is being proposed are all factors that are going to determine future capacity. Councilman McPherson gave the example of Fox Trace East when questions came up as to whether there were sewers or not, those are the factors that are entered into as to whether or not capacity will either be created or diverted for a project like that by the Town of Amherst. Discussions are on-going between the Town of Amherst, Clarence and Erie County to resolve these things and a lot of the pressure for resolution is on Amherst.

Councilman Bylewski stated that because of the adequate public facilities law that the town is considering implementing, there are various questions as to what stage it could be implemented in particular sewers. There was discussion that it could be implemented both at the SEQR stage as well as have it on another review stage. When a project comes in for concept approval, the applicant can be asked if there is capacity.

Town Engineer Latona stated that he has to sign off on capacity in the Town of Clarence and because it goes into Amherst, the same certification is required from Amherst by the DEC. This is one of the reasons Mr. Latona is doing the flow study in district #2. He does not want to sign of on capacity if there is none.

Councilman Weiss stated that he is concerned that some of the sewer infrastructure was put together during the time of very pro-development boards. We are taking a cautious look at it now and he does not want the town to be doing something that puts us in a situation where we have allowed some kind of flow or done something that legally we can not get out of stopping some kind of development. He would like to see some type of presentation to see what the flow is, see where everything is right now and perceived growth and how we should allocate what we are doing in terms of sewers and our negotiations with Amherst and everyone else and take care of existing problems. We should make sure that we have not crossed the line by opening up some district that is going to impact our growth. Town Engineer Latona stated that is why he is doing the study on sewer district #2.

Town Engineer Latona presented a map showing a 10” sewer line in sewer district #2 which used to go into Amherst. When that was put in, it was sized to handle about 480 +/- residences. At the time the town wanted to make it a 15” line however, the DEC and the federal government said if we went with the 15” we would not get the funding. They forced us to stay with the 10” line. Mr. Latona’s concern is what is the capacity of the 10” diameter now and how much flow is in there now because it was not sized to handle the full build out of sewer district #2.

Councilman Weiss said he would like to see the entire town and also some implications for some large developer tracts which are expected to be built on in the future and how this will all go together. Town Engineer Latona stated that this ties in with planning of it; he gets into the technical end of it by providing capacity. All of a sudden, we are monitoring how many units are going into sewer district #2, it was designed for 480 units, and right now we have double that at 900. There is still capacity, because the theoretical number is larger than the actual number. The state is very conservative, when you design a sewer you design it with theoretical flows which in reality never get there. Peak flow is approximately 1000 gallons per day per unit. (2.3 person per unit at 100 gallons per day per person times 3 peak factor).

The 24” line goes up to Transit Road and under Transit Road is a 30” which goes into the 18” which was privately built. The state has said that Dodge Road pump station is getting too full, run it into the Peanut Line. Councilman Weiss is concerned if there was an inter-township Master Sewer Plan that may not be conduce with our Master Sewer Plan for sewage.

Councilman McPherson said the controls are in place today for the town board to control the flow of sewers into the Town of Clarence and out of the Town of Clarence and into the Town of Amherst. The controls exist right now.

Town Engineer Latona said we have an agreement with Amherst for capacity to treat at the treatment plant. Our contract with the Town of Amherst does not talk about infrastructure to get to the treatment plant.

Councilman McPherson stated that the town has the ability to control whatever flows go in our town such as the building cap and a lot of other things in place along with the Master Plan and the Master Sewer Plan that mesh to give the Town Board the controls for whatever happens in the future.

It has not been decided whether the proposed relief sewer on Dodge Road in Amherst will be privately or publicly owned. Mr. Latona’s thoughts are that he would not want it publicly owned and the town should control what goes in there. Mr. Latona wants to know how much flow is going to come out of district #6 when it is developed, how much flow is going to come out of district #2 when it is fully developed, we already know what is going to come out of sewer district #9. His question is “are the pipes big enough” and how many units can we fit in these pipes (we will have to work with planning on) before the fact not after, he wants to be proactive not reactive.

Councilman Weiss asked if we have adequate controls on the private sewer lines. Town Engineer Latona stated that the only private sewer lines are the 24” line, the one going out to Clarence Hollow, and Spaulding Lake. The town does not have any control over these lines. Councilman McPherson stated that this can be carried one step further and that is anther reason for the flow monitorization. Once Clarence Hollow is done, if there are flows, it would be wonderful to pickup Spaulding Lake and decommission that sewage treatment plant. It would be great to pick up the high school, Research Parkway, Wilson Greatbatch and if they will fit into the pipe, we have abated all the major areas of pollution except Harris Hill Road. The Master Sewer Plan calls for a 15” pipe to run south to pickup Harris Hill eventually. The 15” pipe can only happen if there something that generates the dollars to run the 15” pipe to Harris Hill. There is no grant money available, so the only way it exists for that to happen is to do another private/public partnership.

Town Engineer Latona stated that all of Harris Hill is rock and without sufficient grant money, you can not even bring the cost to the people. Councilman McPherson said that the Harris Hill area has failing septic systems as much as the Hollows but they do not have the residual affects as the Hollows.

Councilman Bylewski asked if the Heise Brookhaven Sewage Corporation was to turn over the trunk line in ten years. Town Engineer Latona stated that it is to be turned over in ten years or when they are built out. The ten years is on the Peanut Line Corporation. Councilman Bylewski said he thought there was one on the Heise Brookhaven also, he recalls seeing a schedule as to the 1000 taps. Town Engineer Latona stated that was the payment if it is not built out that would occur at the ten year point.

Councilman Weiss asked if there was adequate bonding on the sewer projects that are done privately if they are not completed. Town Engineer Latona stated that we have a performance bond on Heise Brookhaven (which the material is there) for $2,000,000. to finish it.

Town Engineer Latona stated that once Dodge Road gets relieved and has more capacity that opens up the southern part of Clarence. This includes Fox Trace East (which already has some committed capacity) and all through the Greiner Road area that opens up abilities to put sewage in to go out to the Dodge Road facility. This will also open up the northern area also. We need to pay attention to what is going on, that relief in Amherst could impact Clarence.

Councilman Bylewski questioned whether we know what the end capacity is at the Amherst treatment facility. Town Engineer Latona stated that in the contract, the Town of Clarence was granted between four and six million gallons a day. We have a limit of four million a day total.

5 minute recess

Highway Superintendent Ron Witnauer

Highway Superintendent Witnauer is requesting a bid date be set for Thursday, May 6, 2004 at 10:15 a.m. for removal of leaf compost located at the Girl Scout Camp on Sheridan Drive. The bid price submitted will be per cubic yard loaded and hauled off site by the successful bidder. The volume will be 2300 cubic yards and the successful bidder will be required to remove material within 90 days from time of bid and supply all necessary insurance certificates.

Highway Superintendent Witnauer is requesting a bid date be set for Thursday, May 6, 2004 at 10:20 a.m. for removal of wood chip mulch at the Girl Scout Camp on Sheridan Drive. The volume will be 1800 cubic yards. The successful bidder will be required to remove the material within 90 days from time of bid and supply all necessary insurance certificates.

The DEC allows the town to have 10,000 cubic yards at the Girl Scout Camp without a permit. Mr. Witnauer feels that the brush grinder has just about paid for itself once the grant comes in.

Highway Superintendent Witnauer has been contacted by other municipalities who do not have the volume of brush pick up like the Town of Clarence. They would like to truck their brush to us in their trucks and pay the Town of Clarence $4.00 per cubic yard to cover our expenses. The Town of Clarence will consider accepting brush from other municipalities in small quantities.

Supervisor Hallock stated that we have a DEC grant application in for $351,924. Grant writer Jean O’Connell talked to the state on March 12, 2004 and was told that we should hear something in a couple of weeks. Sharon Smith from the DEC advised us to submit the final application (the DEC is the grantor agency for this grant). This grant is a 50/50 match and upon final approval of this, we will receive half the money for the brush grinder. There were two other pieces of equipment listed in the grant, which is why the number went to $351,924. There is a $150,000. piece of equipment listed in this grant that Mr. Witnauer does not see a need for but there is still $351,000. However, with Town Board approval, there is an excavator with a shear (to shear stumps) that has been asked for. The grant states that a percentage of the time, the machine can be used for other purposes other than recycling. Highway Superintendent Witnauer stated that he is looking to replace his excavator in the next two years. His excavator does not have the hydraulic capability to put a shear on it. If this could be worked out with the DEC to have the availability to shuttle the machine back and forth between the ditching and the Girl Scout Camp.

Highway Superintendent Witnauer suggested that the grant paperwork be filed as is and then decide at a later date if we want to go ahead with the excavator.

Erie County is filing for grant money to start their own brush recycling program. They contacted Mr. Witnauer to see if the Town of Clarence wanted to participate. Mr. Witnauer informed them that we are not interested.

Highway Superintendent Witnauer is requesting Town Board approval to declare the following vehicles surplus: 1986 Ford Dump Truck, 1995 Ford F150 2WD p/u, 2000 Ford F150 4x4 p/u, 2001 Chevrolet Impala, 2000 Ford Taurus, 1999 Jeep Cherokee and 2001 Ford Taurus. The 1986 Ford single axle dump truck will be sold at Kelly Schultz Auction on April 17, 2004.

Highway Superintendent Witnauer is requesting Town Board approval to set a sealed bid opening at the Town Clerk’s office on May 6, 2004 at 10:00 A.M. for surplus vehicles. The Town Clerk will advertise in the Clarence Bee and The Buffalo News.

The equipment bond for 2004, there are four pickup trucks ordered, three trucks are being delivered today. Mr. Witnauer stated that he should buy a new sweeper truck for sweeping the roads. The current sweeper truck is twelve years old and not only is it used to sweep streets but it is also used to clean the receivers. This is a big expense item estimated at $140,000. or more. There is a possibility that there could be some grant money and our grant writer could look into. Mr. Witnauer will also bid out one new plow truck for 2004.

Highway Superintendent Witnauer is requesting Town Board approval to purchase at auction a tractor to replace his 1978 low-boy. The estimated cost between $30,000 - $35,000. Councilman Bylewski stated that he was in agreement with this as long as Mr. Witnauer has the power to do this and the Town Board has the power to authorize the transaction. He suggest that Mr. Witnauer check with Town Attorney Bengart.

The highway department has inspected the security guard vehicles and has installed their radios. Director of Administration and Finance Pam Smith will contact the highway department as to what account to charge this to.

Supervisor Kathleen Hallock

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the following resolution for Memorial Park Project:

Be It Resolved that the Clarence Town Board approves of the following Capital Project:

Memorial Park Project – The installation of multi-use soccer fields, little league baseball diamonds, softball diamonds, site balancing, eight (8) inch waterline with necessary appurtenances, drainage, parking, field drainage, fencing, bleachers, backstops, and final grading with seeding at a total project cost of $550,000.

Be It further Resolved, that the Clarence Town Board intends to issue bonds for these purposes.

Upon roll call - Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried.

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

Be It Resolved that the Clarence Town Board approves of the following Capital Project:

Arboretum Project – The installation of a one (1) acre pond with necessary outfall. One (1) twenty foot (20’) span pedestrian bridge and one (1) forty foot (40’) span pedestrian bridge both with required concrete foundations and the installation of approximately four-thousand one-hundred (4,100) lineal feet of eight (8) foot wide walking paths at a total project cost of $250,000.

Be It further Resolved, that the Clarence Town Board intends to issue bonds for these purposes.

Upon roll call - Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried.

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

Be It Resolved that the Clarence Town Board approves of the following Capital Project:

Town Hall Sanitary Sewer Connection Project – the installation of a manhole and sanitary sewer to service the Town Hall and Library replacing the existing pump station and eliminating the use of the existing septic tank at a total project cost of $35,000.

Be It further Resolved, that the Clarence Town Board intends to issue bonds for these purposes.

Upon roll call - Ayes: All; Noes; None. Absent: Councilman Kolber. Motion carried.

Supervisor Hallock announced that the Clarence Kiwanis Club is hosting an Easter Egg Hunt at the Clubhouse on April 10, 2004.

Supervisor Hallock announced that she has sent out Request for Proposals for Grant Writers. An advisory committee will be formed; Supervisor Hallock will ask Director of Administration and Finance Pam Smith, someone from the Engineering Department and Planning Office to sit on the committee.

Supervisor Hallock announced that we have a new program that Steve Fisher developed to keep better track of the members on our boards and committees. The data base will track term expiration dates and archive information about members. We can also print envelopes by committees. An e-mail field has also been added.

Supervisor Hallock has one item to discuss in Executive Session.

Supervisor Hallock announced that Request for Proposals were receive for Accounting Services. Interviews will be conducted the morning of April 22, 2004 beginning at 9:00 A.M.

Councilman Ian McPherson

Councilman McPherson received a note from Ruth Schultz stating she is being shut out of her computer. Supervisor Hallock stated that when Windows 2000 was installed everyone was being shut out constantly. She was not aware Ruth was having a problem other than on February 22 when it happened and last week when Jim Hartz took care of it. Karen Jurek was not told about the problem and she is the point person when anyone has a problem with their computer. The Computer Vendor is taking care of the problem.

Councilman Scott Bylewski

In terms of the Town Board Agenda, there have been several discussions regarding a way to do a proper and thorough review of projects as they come in for the initial presentation. Councilman Bylewski has met with the Engineering/Building Office and the Planning Office and they talked about one way to begin addressing this would be that the Town Board receives a memo for the agenda items that are coming up that night. It has been proposed that perhaps we should receive a memo two weeks in advance of the meeting that these items will be placed on a regular Town Board agenda. But that night, the Town Board can discuss them for the initial presentation in the Work Session – no action would be taken, it would be merely informational. All the departments will have a chance to review it for approximately two weeks. This would give enough time for the internal review. Councilman Bylewski will talk to Assistant Director of Community Development James Hartz relative to amending our notification policy.

There was a discussion at the last Town Board meeting about the work that Ruth Schultz is doing for other committees. Councilman Bylewski spoke to both Ruth as well as Peter Wolfe from the Conservation Advisory Committee and will make a motion at the next meeting to transfer funds from Conservation Advisory to the Town Council budget.

Councilman McPherson stated that when Ruth Schultz is doing Town Council work, she is strictly the Town Council’s secretary. If she is doing other people’s work, that falls more under the Supervisor’s control then when she is doing the Town Council’s work when she is not under the Supervisor’s control. If the Supervisor wants to dole out that kind of work at her discretion other than Council work. Supervisor Hallock stated that the only thing she sees is the Conservation Committee work, it has been determined that Ethic’s Committee work will be done by the paralegal. Councilman Bylewski stated that Ruth does the Cable Committee minutes however, she is a member of the Cable Committee.

Councilman Bylewski suggested that unless one of the liaisons asks Ruth Schultz to do something its coming from a council member. However, if the request comes from the Supervisor or committee member, it should go through the Supervisor’s office, unless Peter Wolfe approaches one of the council members. Supervisor Hallock stated that her office will take care of the Conservation Committee’s requests. Councilman Bylewski said that this is important especially given the limited number of hours and dollars the council members have in their budget for Ruth.

Councilman Bylewski met with the Clarence Concert Association. The Concert Association is requesting that the concrete in the front and on the side of the band shell be extended. They are also requesting that the pad that surrounds the I-beam be repaired or replaced. Town Engineer Latona will review and determine the cost.

Motion by Councilman Bylewski, seconded by Councilman McPherson to authorize the Supervisor to sign a three party agreement with the Swormville Fire company, Inc., Loretta M. Carr Stock and Gary J. Stock and the Town of Clarence relative to the connection of a storm sewer and the issuance of a Certificate of Occupancy. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson, a Negative Declaration be authorized on the Main Town Park Sanitary Sewer. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried.

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

Be It Resolved that the Clarence Town Board approves of the following Capital Project:

Main Town Park Sanitary Sewer Project – the installation of a sanitary sewer pump station at the Main Town Park to service the Clubhouse, restrooms and the swimming pool main locker room. The installation of approximately one-thousand (1,000) lineal feet of two (2) inch force main at a total project cost of $100,000.

Be It further Resolved, that the Clarence Town Board intends to issue bonds for these purposes.

Upon roll call - Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried.

Town Engineer Latona stated that there are four private residences located to the back of the Main Street park that have expressed an interest in participating in hooking up to the sewer. Some of their revenues would off set the $100,000 project cost.

Councilman Joseph Weiss

Town Assessor David Folger is requesting authorization for thirty hours of technical support. GAR Appraisal has quoted a flat fee of $145. a day for a total of $4350. which is budgeted. Mr. Folger may need to request more time at a later date depending on construction.

Town Assessor David Folger is requesting approval to appoint Mike Rizzo as an alternate to the Assessment Review Board. Mr. Rizzo has all the necessary training for this position. Supervisor Hallock asked if we don’t already have an alternate position. Councilman Weiss will review this with Mr. Folger and supply the Town Board with a copy of Mr. Rizzo’s application. The appointment will be made at the April 14, 2004 Town Board meeting.

Town Assessor David Folger spoke to Town Attorney Bengart regarding the promotional position for Linda Hirtreiter. Town Attorney Bengart indicated that the Town could have a liability issue. As it stands now, Linda does not have the necessary level to be reviewing properties. Supervisor Hallock talked to Civil Service and they have agreed to create the position but it is competitive and Linda will have to take the test.

Councilman Weiss met with Joseph Floss and he presented a dividend check.

Councilman Weiss will have a list of questions to present to the School Board for their next meeting.

Councilman Weiss has one item to discuss in Executive Session.

Supervisor Hallock announced that she will appoint someone to the Amherst-Northeast Erie Intermunicipal Trails Committee at the April 14, 2004 Town Board meeting.

Town Clerk Nancy Metzger is requesting that after all Town Board meetings, Town Board members forward as much information as possible to the Town Clerk’s office to help with the transcribing of the minutes. An awful lot of time is spent looking up the correct spelling of names of individuals, companies etc.

Supervisor Hallock will be sending out notices regarding a Department Head meeting and along with that a form for Capital Project requests.

Motion by Supervisor Hallock, seconded by Councilman Weiss to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss matters leading to the discipline of a particular person. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried.

There being no further business, the Work Session adjourned at 11:50 A.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 12:00 P.M. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried.