06/23/04


A Work Session of the Clarence Town Board was held June 23, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor 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 Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Senior Building Inspector David Metzger, Deputy Supervisor Anne Case, Director of Administration and Finance Pam Smith and Planning Board Chairman Pat Powers.

Fox & Company/Auditor’s Report – Art Traver and Brian Juskiewicz

Art Traver provided an overview of the financial statements as of and for the year ended December 31, 2003. The Town of Clarence had a very good year in 2003.

The Town Board has addressed substantially all items outlined by the last State Report that needed attention. Items listed in the prior year letter to the Town Board have been resolved.

Special District Accounting

As a follow-up to a previous recommendation, the Town Board has directed the accounting department to implement controls over individual Special Districts and now provides a balance sheet and operating statement by special District. This procedure has greatly enhanced the Town Board’ ability to manage Special Districts.

Capital Project Funds

The Town Board has undertaken a review of capital projects in 2003. As a result, projects that have been completed were appropriately closed and the capital projects now listed in Town accounts have been adjusted to include only open projects.

Consolidated Water District

The Deficit Fund balance in the Consolidated Water District has been eliminated.

The fund balance at December 31, 2003 is approximately $241,955 which provides a needed reserve for debt and other obligations for which the Town in contractibly obligated.

Art Traver stated that he is meeting with the Town of Amherst regarding sewers. He met with Erie County last Monday and explained to them that his firm has experienced difficulty in obtaining information from the Town of Amherst in order to complete the study. The study has been on going since last December however, the problem has been ongoing for years. So much of the information that has been asked for from Amherst is not being provided, a report will be sent to the County next Tuesday.

Director of Community Development James Callahan – Review of agenda items

Brookfield Country Club 5120 Shimerville Road

Request a Fireworks Display Permit for July 4, 2004. All required paperwork and fees have been filed.

Clarence Girls Softball

Request a Fireworks Display Permit for July 3, 2004. All required paperwork and fees have been filed.

Hayes Fish Company 8900 Main Street

Applicant requests a Building Permit and Architectural Approval for construction of a new store. The Planning Board has forwarded a recommendation for the architectural style proposed.

Lou Visone 9280 Main Street

Applicant is seeking approval to fill the rear of the property located on the north side of Main Street, east of Thompson Road. Per the Dumps and Dumping Law, the Town Board has discretionary authority to approve fill operations. Town Engineer Latona is requesting written verification as to where the fill comes from and that it is hazardous free.

There was a discussing regarding the verbiage on the fill permit. Language should be included to address the specific source the fill is being brought in from and that it is not hazardous material. Change of source requires an additional permit.

Work Session Agenda items for consideration on the July 14, 2004 formal agenda

Paul Kowalski 9775 County Road

Paul Kowalski had originally requested a Temporary Conditional Permit to allow his firewood business in the Agricultural Zone at 6555 Heise Road. He is now requesting approval to utilize the property located on the south side of County Road, east of Goodrich Road in the Bopp Industrial Park for a wholesale/retail firewood processing business. No buildings are proposed, it will be used strictly as a staging area for delivering/cutting/splitting/storing/selling of firewood.

Town Automotive 5411 Transit Road

Applicant is seeking to construct a second automotive sales building on the property to accommodate a Hummer sales/service operation. The Planning Board has forwarded a recommendation for approval of a Special Exception Use Permit to allow the project to move forward.

Debbie Hornberger 5351 Coyote Court

Applicant is seeking approval to construct a six foot fence on top of the existing 8-10’ berm along Harris Hill Road. The fence would extend for all rear yards along Harris Hill Road. The Loch Lea project is a Planned Unit Residential Development; any amendments to the site plan are subject to review and approval by the Town Board.

Supervisor Kathleen Hallock

Transfer of funds in the Town Attorney’s budget and a transfer of funds for Going Places Van repairs. The Going Places Van is scheduled to be replaced this fall.

People Inc.is asking for the Town Board’s support for senior housing at a site on Sheridan Drive. The proposed site is opposite the Eastern Hills Mall entrance.

Supervisor Hallock has several resolutions giving authorization for her to sign grant applications for playground equipment at Main Park, pool repairs and the arboretum project.

Supervisor Hallock has a resolution regarding Master Plan 2015 and acquisition of open space.

Block Party Requests: Hirschwood Drive for July 31, 2004, Tamarack View, July 3, 2004.

Supervisor Hallock has a resolution to award the Memorial Park bid to Birch Grove in the amount of $530,335. A resolution for amendment to Bond resolution for Memorial Park adopted April 14, 2004, increasing original borrowing by $434,000.

Resolution regarding support for Medicaid bill to be presented to the Senate.

Resolution endorsing proposal that NYS assume Erie County’s Medicaid burden funding the exclusive 1% sales tax revenue.

All Ethics Disclosure Forms have been submitted. Two committee members did not submit their forms because they have either resigned or moved out of town. There are now openings on the Youth Center Board and Library Board.

The Town Board received a letter from Jim Walker and two other residents regarding their ponds. Town Engineer Latona is researching this and Town Attorney Bengart sent a letter to Heise Brookhaven Inc. asking them for an explanation.

There have been some cosmetic renovations done to the Clubhouse, new carpet in the vestibule and up the stairs, fresh paint and some upholstery work. The Contemporary Club initiated the project and several subcommittees (Clarence Historical Society, Clarence Hollow Association, and Preservation Committee) have also been involved. Mike Ranzenhofer will give us a grant for the rest of the carpeting for the main area of the Clubhouse. The Town Board was in agreement with this.

Town Attorney Bengart has been approached by one of the court officers asking for more space for prosecutors to meet. It was decided that Recreation Director Howard Johnt’s office will be made available to them.

Supervisor Hallock wrote thank-you letters to Clarence Rotary and Woodstream Farms thanking them for their contributions to the Welcome to Clarence signs.

The Transit Road median is looking unsightly. The Town of Amherst Highway/Engineering is working on a design and will apply for a permit with the NYS Department of Transportation to work on the medians. Two years ago, Clarence Parks Department worked on Sunday morning to weed whip and apply Round Up. Supervisor Hallock will ask them to do that again this year.

The Summer Concert schedule in up on the website and has been on the site. However, a message has been posted on the homepage so that viewers know exactly where it is.

Supervisor Hallock will close this evenings meeting in memory of Tom Sauers.

Councilman Ian McPherson

Councilman McPherson will announce that a sewer meeting regarding Sewer District #9 is scheduled for June 28, 2004 at 7:00 P.M. for anyone interested.

Councilman Scott Bylewski

Councilman Bylewski has several corrections to the minutes.

Councilman Bylewski has received Status Report #103 pertaining to Clean Harbors BDT.

Councilman Bylewski will present two resolutions regarding fire and safety. The Town of Amherst Central Fire alarm office is looking to obtain caller identification for its administrative lines. The first years cost without it being scheduled pro-rata was $183.92, $10.64 of that was for installation. This leaves $173.28 that would be allocated to the various fire halls. The second resolution is relative to the EMS (Emergency Medical Service) Boards recommendation to send out a notice to terminate the joint municipal contract with Rural Metro Medical Services. This will put Rural Metro on notice that we are negotiating a new contract.

The Municipal Review Committee is recommending a Negative Declaration be issued on the proposed Special Exception Use Permit and development of a new automotive sales operation for the Hummer Dealership at 5411 Transit Road.

The Municipal Review Committee is recommending a Negative Declaration on the proposed Natale Open Development area.

Councilman Bylewski will make a motion to appoint Wendy Salvati to the Landscape Committee.

Councilman Bylewski received a letter from Adelphia Cable regarding several upcoming changes.

Councilman Bylewski brought forward some concerns the Clarence Concert Association had relative to the concrete around the band shell, when the piano was last tuned and painting the dressing rooms inside the band shell. Parks Crew Chief John Burns did not feel the rooms needed painting. Town Engineer Latona will meet with John Burns to discuss the concrete work.

Councilman Joseph Weiss

Councilman Weiss has several resolutions regarding Memorial Park.

Town Assessor David Folger is requesting Town Board approval to attend a seminar designed to help the Assessor/Appraiser with the valuation of Convenience Stores and Mini-Marts. Mr. Folger will receive six certification credits by attending this seminar.

Highway Superintendent Ron Witnauer is requesting Town Board approval to award the low bidder for the Fiber Reinforced Bituminous Membrane Surface Treatment to Midland Asphalt Materials, Inc.

Councilman Weiss will announce an opening on the Youth Center Board. Emilio Colaiacovo has resigned.

Councilman Bernard Kolber

Councilman Kolber has several corrections to the minutes.

Recreation Director Howard Johnt is recommending the appointment of a lifeguard and recreation attendant to our summer recreation program effective immediately.

Councilman Kolber has several recommendations from Arborist Jeff Didion.

Councilman Kolber has received the 2003 Annual Library Report.

The library director would like to know the status on several concerns regarding the library building namely the leaking roof both front and back of the building, the front doors, structural damage to walls, ceiling and molding in community room especially in the coat room and kitchen area, also ceiling damage in the directors office, aesthetic damage to the east side of the building and problems with the water cooler.

The Parks Department has just completed putting mosquito larvicide in 3,960 catch basins throughout the Town of Clarence to help combat the West Nile Virus. The larvicide was obtained from the Erie County Health Department, at no cost to the Town.

Councilman Bylewski noted that at the Municipal Review Committee meeting, the agenda item regarding Lou Visone requests for an Open Development area. No action was taken by the MRC because they did not have enough members voting to take action. They had a 3 -2 vote we need four members voting to take action.

Town Attorney Steven Bengart

Town Attorney Bengart has one item for Executive Session.

Councilman Weiss has talked to other towns regarding their Youth Programs. It seems other towns have a Youth Director and many do not have a site like we have on Sheridan Drive. They coordinate many of the county and town resources in town buildings. These townships deal with many issues such as teen suicide, sexuality questions, homework, drugs etc. Our Youth Center is more or less a hang out to play video games and watch television. Councilman Weiss would like to move in the direction of hiring a full time Youth Director and use some of the county resources. In speaking with Cheektowaga and Amherst Youth Directors, who do not have designated Youth Centers, they use many of the resources and facilities around the town in coordination with other townships and other organizations. Other townships do not allow the children to just hang out; they run a more structured operation. Councilman Bylewski suggested Councilman Weiss check with Orchard Park and Grand Island both towns are approximately the same size as Clarence.

Councilman Kolber has had a discussion with a gentleman who has moved here from Freeport Maine who was involved in town government there. They were facing some of the problems the Town of Clarence is now facing with growth and development. They did many things to try and maintain the character of their town Councilman Kolber would like to have the Board meet with this gentleman and have him give a presentation on some of the things they did. Councilman Kolber will set up a meeting date and get back to the Town Board.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105 (1) D discussions regarding pending litigation, and BDT/Safety Kleen. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the meeting adjourned at 7:16 P.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:28 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held on Wednesday, June 23, 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. Councilman Ian McPherson led in the pledge to the flag, followed by a prayer given by Father Yetter of St. Mary’s Catholic Church.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Kolber to approve the minutes of the previous meeting held June 2, 2004. On the question, Councilman Bylewski had a correction on the bottom of page 207 – “ 501(3) C status for the Historical Society…” should be 501(C)(3). Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of June 9, 2004. On the question, Councilman Kolber had a correction on page 218 – “...award the bid for the Clarence Arboretum Project to Milherst Construction, Inc., being the lowest responsive…”, to responsible. Page 226 – add “Councilman Kolber said it is a very short distance to Meadowbrook…”. Councilman Bylewski had a correction to page 216 – should be “Councilman Bylewski will contact the Parks Department”, should be Kolber. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the transfer of $150 from account A1420.220, Office Equipment to account A1420.470, Expense and Travel. On the question, Supervisor Hallock said this is for registration fees for the Town Attorney to attend training seminars. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the transfer of $2,000 from A1990, Contingency to A1620.480, Going Places Van Repairs. On the question, Supervisor Hallock said this is for the Going Places Van that we share with the Town of Newstead. We do receive a 40% reimbursement for expenses from Newstead. The van is getting older and we are scheduled to get a new one later this year. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

RESOLVED, by Clarence Town Board that the Town of Clarence Master Plan 2015, originally adopted by the Town of Clarence at a regular meeting of the Board in August 2001, has been reviewed, reaffirmed and is in-effect as the guiding document for the acquisition, preservation and development of open space in the town.

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

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant approval for a Block Party July 31, 2004 on Hirschwood Drive, between Hedgewood and Norwood. On the question, Supervisor Hallock said all the proper authorities will be notified. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve a Block Party for July 3, 2004 for Tamarack View and all proper authorities will be notified. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution of the Town of Clarence, New York, adopted June 23, 2004, amending the Bond Resolution adopted April 14, 2004.

WHEREAS, the Town Board of the Town of Clarence, in the County of Erie, New York, has heretofore duly authorized the construction of improvements at Memorial Park, at the estimated maximum cost of $550,000, which amount was appropriated therefore pursuant to the Bond Resolution adopted by the Town Board on April 14, 2004; and

WHEREAS, due to a change in the scope and increased costs of the project, the estimated total cost of said project has now been determined to be $984,000, and it is necessary and in the public interest to increase the appropriation therefore by $434,000 and to amend said bond resolution to reflect such increase and to authorize the issuance of additional serial bonds to finance additional cost;

Now, therefore, be it Resolved By The Town Board of the Town of Clarence, in the County of Erie, New York as follows:

The Bond Resolution of said Town adopted by the Town Board on April 14, 2004, entitled:

“Bond Resolution of the Town of Clarence, New York, adopted April 14, 2004, authorizing the construction of improvements at Memorial Park, stating the estimated maximum cost thereof is $550,000, appropriating said amount therefore, and authorizing the issuance of $550,000 serial bonds of said Town to finance said appropriation,” is hereby amended to read as follows:

Bond Resolution of the Town of Clarence, New York, adopted April 14, 2004 and amended June 23, 2004, authorizing the Construction of Improvements at Memorial Park, stating the estimated maximum cost thereof is $984,000, appropriating said amount therefore, and authorizing the issuance of $984,000 Serial Bonds of said Town to finance said appropriation, subject to a Permissive Referendum.

On the question, Councilman Bylewski said there was a question on how the Town was going to pay for the additional expenditure. There was a Special Meeting of the Town Board on June 16, 2004 and the Sports Coalition. Sports groups receive a stipend from the Town in the total amount of $37,000. It was suggested by the Sports Coalition that the $37,000 stipend be used as leverage for additional bond issue that would be necessary.

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

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

WHEREAS, Medicaid is the backbone of the nation’s health care system, serving the vital needs of millions of Americans, and

WHEREAS, today, Medicaid costs federal, state and local governments almost $250 billion dollars and enrolls 47 million clients nationwide, making it the single largest expenditure in most state budgets, and

WHEREAS, New York State has the highest percentage of eligible residents enrolled in Medicaid in the nation, which costs $36 billion dollars annually or the equivalent of $1,890 for every state resident, and

WHEREAS, unlike most states, New York State funds a substantial portion of its Medicaid costs at the local level, with the counties and New York City required to pay 50% of the non-federal share of most Medicaid services, except for long-term care, for which counties contribute 20%, and

WHEREAS, on average counties contribute 34% to the total cost of Medicaid funded by New York State, and

WHEREAS, in contrast, North Carolina, the only other state that requires counties to contribute to a broad range of Medicaid services, collects about 15 percent of their non-federal Medicaid spending from local taxpayers, and

WHEREAS, the Erie County local share of the Medicaid costs rose to $158 million dollars in 2003, from $141 million dollars in 2002 and is projected to increase to almost $175 million dollars in 2004, and

WHEREAS, county governments across New York State are struggling to cover state mandated programs like Medicaid, with some counties forced this year to pass budgets that contain significant property tax and sales tax increases, and

WHEREAS, Erie County will have to consider reducing support for non-mandated county services, raising property taxes or enacting an additional sales tax if the local share of Medicaid is not capped or rescinded by New York State, and

WHEREAS, a bill was introduced in the New York State Assembly (A.9924), which would amend the social services law and establish the “Local Taxpayer Relief Act of 2004,” which would limit certain Medicaid expenses paid by a social services district, and

WHEREAS, if approved, the “Local Taxpayer Relief Act of 2004” (A.9924) would cap the local share of Medicaid beginning April 21, 2004 by relieving local social services districts from responsibility for paying to the state any amount that exceeds what was paid to the sate from April 1, 2003 to March 31, 2004,

NOW, THEREFORE, BE IT,

RESOLVED, that the Clarence Town Board is committed to providing medical services to low income and uninsured residents, and be it further

RESOLVED, that the Clarence Town Board is devoted to prudent and responsible fiscal decision-making to ensure the long-term viability of Erie County and the Town of Clarence, and be it further

RESOLVED, that the Clarence Town Board supports the introduction of legislation in the Senate and Assembly that will cap, control or rescind the local share of Medicaid, and be it further

RESOLVED, that the Clarence Town Board requests that the New York State Senate introduce a bill similar to the “Local Taxpayer Relief Act of 2004” (A.9924) or other legislation that will control or cap the local share contribution of Medicaid, and be it further

RESOLVED, that certified copies of this resolution be forwarded to New York State Governor George E. Pataki, New York State Senate Majority Leader Joseph L. Bruno, New York State Assembly Speaker Sheldon Silver, and the Western New York delegation to the New York State Legislature.

On the question, Supervisor Hallock encourages anyone to write to their legislators at every level and to encourage the reform of Medicaid.

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

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

WHEREAS, Medicaid, a federal and state mandated and partially funded program, is the singe largest expense in the 2004 Erie County Budget, and

WHEREAS, this expense is a result of Erie County being forced to fund approximately one-quarter of the overall Medicaid program, and

WHEREAS, in 2003, every single dollar of Erie County’s Property Tax levy along with an additional $29.3 million dollars from other sources was spent on the local share of the Medicaid program, and

WHEREAS, It is expected that Medicaid expenses will account for 115% of the 2004 Erie County Property Tax levy, and

WHEREAS, in 2003, the Medicaid program cost Erie County approximately $155.6 million dollars as a result of new programs being added by New York Sate to Medicaid and from the overall increased expense of programs, and

WHEREAS, it has become increasingly difficult for Erie County to continue to fund the Medicaid program under these conditions and something needs to be done to alleviate this difficult burden, and

WHEREAS, Erie County currently receives 4% of the 8.25% rate of Sales Tax collected in Erie County, and

WHEREAS, 1% of that 4% is kept exclusively by Erie County for funding in its budget minus a 1/8 distribution to the NFTA, and

WHEREAS, a bill was introduced in the New York State Assembly (A.9924), which would amend the social services law and establish the “Local Taxpayer Relief Act of 2004,” which would limit certain Medicaid expenses paid by a social services district, and

WHEREAS, in 2003, the 1% of the Sales Tax kept exclusively by Erie County resulted in $119 million dollars to the County minus $14.8 million contributed by the County to the NFTA or $104.2 million dollars, and

WHEREAS, there have been numerous proposals made by various government officials with regard to Medicaid relief, and

WHEREAS, one such proposal put forth was for New York State to assume the entire amount of Erie County’s Medicaid with Erie County agreeing to forego the County’s exclusive 1% sales tax revenue, and

WHEREAS, such an agreement would result in a savings of $21.8 million dollars to Erie County which should be used and divided pursuant to the parameters and percentages of the existing 3% of sales tax distribution formula, and

WHEREAS, due to the severity of this situation and the potential time required to craft such a proposal, the sponsors of this resolution would request immediate consideration and passage of this resolution,

NOW, THEREFORE, BE IT,

RESOLVED, that the Clarence Town Board does hereby endorse the proposal that New York State assume Erie County’s Medicaid burden by funding it with Erie County’s exclusive 1% percent of sales tax revenue, and be it further

RESOLVED, that the adoption of this proposal would tremendously lessen the incredible Medicaid burden heaped on Erie County, and be it further

RESOLVED, that the potential savings from such an agreement should be used and divided to all local municipalities and school districts pursuant to the parameters and percentages of the existing 3% sales tax distribution formula, and be it further

RESOLVED, that should New York State be reluctant to implement such a system statewide, then New York State should utilize Erie County as a pilot program to test the proposal offered herein, and

RESOLVED, that certified copies of this resolution be sent to Governor Pataki, Assembly Speaker Silver, Senate Majority Leader Bruno, the Western New York delegation to the New York Sate Legislature, Erie County Executive Giambra and the New York State Association of Counties and New York State Association of Towns.

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

Supervisor Hallock announced that a pair of glasses and the case was found in the auditorium after the last Town Board meeting and they will be at the Supervisor’s office.

Councilman McPherson said pursuant to requests from residents in the Elmcroft area, we are going to have a meeting at the town hall on Monday, June 28 th to discuss Sewer District No. 9 and the impacts on that area.

Councilman Bylewski announced that we received Report 103 from Leader Environmental regarding BDT, wherein they reviewed various correspondences from DEC. They reviewed the RCRA Facility Investigation Work Plan, which deals with the closure of the facility and made comments. They also looked at the Closure Certification Report. The planned activities for June 2004 include review correspondence received through FOIA requests; and review June correspondence received from the Town of Clarence. This report is on file for review.

Councilman Bylewski said we received a copy of a letter addressed to Martin Smith of Clean Harbors from the NYSDEC regarding the RCRA Facility Investigation (RFI) Work Plan. The DEC reviewed the May 10, 2004 response to their April 12, 2004 comments regarding the RFI. Except for a few items listed, the responses were acceptable. The items that Clean Harbors has to work on revising deals with groundwater monitoring. The DEC wants a more stringent sample of 0 to 2 inches because it is important to show if there is exposure from the chemicals from the explosion. They also prefer a 7-day holding time for volatile samples.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that the Clarence Town Board authorizes the Town of Amherst Central Fire Alarm to add a caller ID service to the fire phone charges that are charged to Clarence Fire District No. 1, Harris Hill Fire Protection District, Swormville Fire Protection District and Clarence Center Fire Protection District located in the Town of Clarence. On the question, Councilman Bylewski said Amherst Central Alarm is looking to add caller ID to their administrative lines. The cost that will be distributed throughout the districts for the first year is approximately $183. It will be about half of that, since we are half way into the year. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

Be It Resolved that the Clarence Town Board, based on the recommendation of the EMS (Emergency Medical Services) Board, hereby authorizes the “Notice to Terminate the Joint Municipal Contract,” of which the Town of Clarence is a party, with Rural Metro Medical Services and to commence the negotiation of a new contract.

On the question, Councilman Bylewski said the Town of Clarence, along with the Towns of Newstead and Amherst, and the villages and fire districts within these towns have an agreement with Rural Metro for ambulance services. If we do not provide the notice to terminate now, the contract would automatically renew. Issues have come up regarding response time that we wish to address through the negotiation process.

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

Councilman Bylewski said the MRC has forwarded a recommendation to upgrade the Town’s Type I List for reviews under the State Environmental Quality Review Act (SEQRA). The three areas they are looking at are: increasing the threshold for residential projects regarding the number of units that would require a Type I review; activities regarding projects for commercial units under the Type I List; and a provision to protect open space. A copy of the memo is available for review. The Town Attorney will look at the appropriate process to adopt the proposed Type I List. A lot of the items on the list were looked at in the past, but this is to codify the list. James Callahan added that they basically require a long EAF on just about every project and this will codify the process.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Natale Open Development Area. This Unlisted Action involves the construction of a 4-Lot Open Development Area on approximately 10.88 acres. After thorough review of the submitted Environmental Assessment Form and site plan, including coordinated review with comments from the NYSDEC, it is determined that the proposed project is consistent with Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning Board, and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Special Exception Use Permit and Development of a new automotive sales operation at 5411 Transit Road. This Unlisted Action involves the construction of a 10,500 sq. ft. automotive sales building for the existing Hummer Dealership. After thorough review of the submitted site plan and Environmental Assessment Form (EAF) by the Planning Board and Town Board, it is determined that the proposed action is consistent with the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Wendy Salvati to the Landscape Committee to fill out the remaining term of this year. On the question, Councilman Bylewski said this appointment must be filled by a Planning Board member and Wendy is the 1 st Vice Chairperson of the Planning Board and she is qualified. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski asked the Director of Community Development to give an update on the action items under the moratorium.

James Callahan said they are continuing to review Draft 4 of the Zoning Law. The Planning Board comments and public comments are being incorporated into the draft. It has been forwarded to the Department of State for review and comment. The Planning Board is looking to August for a public hearing on the proposed draft.

Mr. Callahan said they are looking at sharing details with the consultant regarding the Adequate Public Facilities Law. They scheduled a preliminary meeting July 27 and 28 for initial meetings with stakeholders and a public presentation at the July 28 th Town Board meeting.

Mr. Callahan said they are finishing up a rough draft on the proposed Subdivision Law to be ready for initial distribution in July.

They continue to review the Parks and Recreation Master Plan proposals that were submitted.

Councilman Bylewski said a letter dated June 9, 2004 was received from Adelphia stating that they will be making changes to enhance their customer service telephone answering performance. The bills all went out at the same time. Adelphia is going to initiate staggering bill cycles. Customers will receive a short bill until the new cycle is in motion.

Motion by Councilman Weiss, seconded by Supervisor Hallock to award the bid for Memorial Park Improvements to Birch Grove Landscaping in accordance with their bid of May 19, 2004 with the following awards and/or deletions: Delete Bid Section A – Little League Fields entirely ($320,968); Award Bid Section B – Multi-Purpose Fields ($251,315) minus Item 5-2.2 - Gravel Parking Lot M2 ($19,980), Item 6 - Bleachers on Concrete Pads ($20,850), and Item 7 - Soccer Nets ($9,900) for a net total award of Section B of $200,585. Award Bid Section C – Softball Fields ($405,070) minus Item 5-2.1 – Gravel Parking Lot 51 (23,760), Item 5.2.2 Gravel Parking Lot 52 ($23,760) and Item 6 – Bleachers on Concrete Pads ($27,800) for a net award of Section C of $329,750. The total net award of Section B and Section C is $530,335 to be paid from Memorial Park Field Development Account, Project Number 79. On the question, Councilman Weiss said they talked to the Sports Coalition regarding the stipends they did receive and they have other sources of money from fundraising. The financial advisor reviewed this also. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to authorize Donald Gallo, Consulting Engineer, P.C. for general services during construction and resident inspection services, as required for Memorial Park Field Installation at a cost not to exceed $15,000. Payment will be from the Project Number 79 account. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant permission for Assessor David Folger to attend a class regarding Convenience Store/Mini-Mart Appraisal on June 25, 2004 in Lockport at a cost of $95. This will provide 6 credit hours toward the 24 hours required. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to award the bid for Fiber Reinforced Bituminous Membrane Surface Treatment to Midland Asphalt Materials Inc., being the low and responsible bidder as follows: 1 – 5,000 SY/Day - $2.00/SY for Fiber Mat and $2.00/SY for Fiber Seal; 5,001 – 10,000 SY/Day - $1.50/SY for Fiber Mat and $1.50/SY for Fiber Seal; and 10,000 + SY/Day - $1.37/SY for Fiber Mat and $1.37/SY for Fiber Seal; Optional Additional Items: A. $.25/SY if Contractor furnishes and delivers aggregate to aggregate spreader; B. $.12/SY if Contractor furnishes and operates self-propelled aggregate spreader; C. $.08/SY if Contractor furnishes and operates pneumatic tired roller (per roller); D. $.26/SY if Contractor furnishes Maintenance & Protection of Traffic as per MUTCD; and E. $.09/SY if Contractor provides and operates sweeper. The funds for this product are available in the Highway Road Account. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that there is an opening on the Youth Center Board and anyone interested should forward a request to him.

Councilman Weiss announced that Emilio Colaiacovo has resigned from the Youth Center Board.

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

RESOLVED, That Kathleen Hallock, as Supervisor of the Town of Clarence, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in Accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount of $26,664, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Clarence to replace aged playground equipment in Main Street Town Park. The Town of Clarence will provide $26,665 in cash and in-kind goods and services as matching funds.

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

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

RESOLVED, That Kathleen Hallock, as Supervisor of the Town of Clarence, is hereby authorized to submit an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount of $27,974, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Clarence for repairs to the Clarence Town Pool. In executing this agreement, the Town of Clarence agrees to provide $27,974, or 50% of the project costs in cash and in-kind goods and services.

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

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

RESOLVED, That Kathleen Hallock, as Supervisor of the Town of Clarence, is hereby authorized to submit an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount of $118,832, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Clarence for development of the Arboretum Project. In executing this agreement, the Town of Clarence agrees to provide $118,832, or 50% of the project costs in cash and in-kind goods and services.

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

Motion by Councilman Kolber, seconded by Supervisor Hallock to appoint the following to the Summer Recreation Program: Elizabeth McGreevy as Lifeguard and Colleen Hawkes as Recreation Attendant, both at the budgeted rate of pay. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber announced that the 2003 Annual Report for the Library is available at the Library.

The library has also made a request regarding problems with the building including roof leakage, front doors, ceiling and molding damage and eaves. He will contact the Town Engineer to see where this all stands.

Councilman Kolber said there has been concern over some trees on the Town Hall property dying or not in great shape. Parks Supt. John Burns had the Town Arborist take a look at them and the Parks Department is following through with his recommendations.

Councilman Kolber announced that the Parks Department has just completed putting mosquito larvacide in 3,960 catch basins throughout the Town. This will help combat the West Nile Virus in Clarence. The larvacide was obtained from the Erie County Health Department at no cost to the Town.

A Public Hearing was held to consider the purchase of approximately 55.9 acres of property located on Rapids Road at a purchase price not to exceed $128,600. Supervisor Hallock introduced Amy Holt, WNY Land Conservancy and Ken Koehler, Erie County Environmental Management Council and member of the Board of Directors for the WNY Land Conservancy.

Amy Holt explained that the WNY Land Conservancy was invited to implement the Clarence greenprint in May 2003. They identified about 550 landowners in the Town who had 10 or more acres of open space. Letters were sent asking if they were interested in enrolling in the greenprint process. We received about 50 responses at that time, and more have come in of people interested. The residents of Clarence passed a referendum to bond up to $12.5 million for the protection of open space through the acquisition of open land and conservation easements. They compiled a ranking system consisting of a list of about 14 aspects or qualities that would be desirable. The top ten properties are in the first round. Independent appraisals were done on the properties to establish a value. It was then presented to the Recreational Advisory Committee for evaluation. The Recreation Advisory Committee recommended five properties to move forward on. This is one of the properties and the owner accepted the appraised value.

Ken Koehler said this parcel is very different from the previous parcel purchased. The other was primarily farmland and this piece is on the Tonawanda Creek corridor. It is also in the floodplain. It does have a tendency to flood, so would be best left in its natural state. Part of the piece is on the creek and another part of it has woodlands. This parcel has a high value in terms of wildlife, wetlands and creek access. Mr. Koehler said he feels this is a very interesting piece and important for the Town to maintain. There is abandoned farmland that is going back to a natural state.

Councilman Bylewski said there has been talk about creek access for recreation purposes. He asked if this fits that? James Callahan said the potential for access is there, but it is very narrow.

Speaking to the subject:

Lou Visone, 4470 Darcy Lane asked who would pay for maintenance of the property and would there be a maintenance schedule? Supervisor Hallock said under the program, the property would be left in the same land use. James Callahan said the WNY Land Conservancy, as our administrative agent, offer stewardship for a one-time fee up front. There is the opportunity for access to Tonawanda Creek for recreational purposes, which would come from a different fund.

James Blum, Martha’s Vineyard said he feels someone should speak in favor. The idea to offer recreation opportunity along Tonawanda Creek is a great idea. The rest of the land would be great for the animals. He feels it is a reasonable opportunity to preserve greenspace.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

Be It Resolved, that after a public hearing duly held on June 23, 2004, and after all interested parties being heard, the Clarence Town Board authorizes the purchase of a parcel of vacant land consisting of approximately 55.9 +/- acres located on Rapids Road at a price not to exceed $128,600. Funds for said purchase will be allocated from the open space bond resolution and recreation fees.

On the question, Councilman Kolber asked if we needed to specify the boundaries of the property and the amounts? Town Attorney Steven Bengart said we want to leave that for later so that we can determine which fund it will come from. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

RESOLVED, That Kathleen Hallock, as Supervisor of the Town of Clarence, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in Accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount of $55,720, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Clarence to acquire and partially develop the Krueger property abutting Tonawanda Creek on Rapids Road. The Town of Clarence will provide $128,600 in acquisition costs as matching funds.

On the question, Councilman Bylewski said he had a question about the $55,720 figure and asked if that is the way the matching funds had to be set? James Callahan said between that and the estimate for trail access and a parking area. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski to grant a Fireworks Display Permit to Brookfield Country Club for July 4, 2004 at 5120 Shimerville Road. All appropriate paperwork and fee are in place. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski to grant a Fireworks Display Permit to Clarence Jaycees and Girls Softball for July 3, 2004 at the Clarence Town Park, 10405 Main Street. All appropriate paperwork and fee are in place. On the question, Councilman Kolber said he is a member of the Board of Directors for Girls Softball. However, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Hayes Fish Company requests a Building Permit and Architectural Approval for construction of a new store at 8900 Main Street. James Callahan said the location is the northwest corner of Main Street and Shimerville Road consisting of approximately 1.4 acres in the Commercial Zone. The Master Plan identifies the area in the Harris Hill Traditional Neighborhood District.

Frank Wailand of F. J. Wailand Associates, representing the applicant, said earlier this year they applied to preserve the existing building. Further structural review indicated that it could not be saved. They made a submittal and after meeting with the Planning Board, added some federal style elements. They met with Roy McCready of the Landscape Committee and have added extensive landscaping to the site. They removed the curb cut closet to Shimerville. This leaves two entrances, one on Shimerville and one on Main Street.

James Callahan said the Executive Committee of the Planning Board submitted a recommendation based on research of the federal style.

Motion by Supervisor Hallock, seconded by Councilman McPherson to rescind the motion of June 9, 2004 by Councilman Bylewski, seconded by Councilman Kolber to refer the request for a Building Permit and Architectural Approval for construction of a new store at 8900 Main Street for Hayes Fish Store to the Planning Board. On the question, Councilman Bylewski said between that motion and now, it has come to his attention that the law firm Nesper Ferber and DiGiacomo, where he is an associate, represented Hayes Fish Market on another project. They do not represent Hayes on this project; however, it could be skewed as a conflict of interest. Therefore, he will recuse himself and will not be voting on this matter. Supervisor Hallock said it was a referral to the Planning Board, but did go to the Executive Committee of the Planning Board. Upon roll call – Ayes: Councilmembers Weiss, McPherson and Supervisor Hallock; Noes: Councilman Kolber. Recuse: Councilman Bylewski. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson based upon recommendation of the Planning Board, the following resolution be adopted:

RESOLVED, that the Clarence Town Board approves the request of Hayes Fish Company for a Building Permit and Architectural Approval for construction of a new store at 8900 Main Street subject to the following conditions: 1. Engineering approval; and 2. Landscaping approval.

On the question, Councilman Kolber said he would have liked to see the whole Planning Board review this proposal. He would love to see Hayes there, but after looking at what is proposed and samples of federal style buildings, the traditional neighborhood business district described in the Master Plan recommends against steel clad buildings. A neighbor across the street asked how could we allow a prefab building. This is an improvement to what was there, but then we set the standard of what we will allow. He is not happy with the type of building.

Supervisor Hallock said she heard from the Chamber of Commerce today and they would like to offer their full support for this project.

Councilman Weiss asked if this in any way violates the Master Plan in terms of the metal building? James Callahan said it is open to interpretation. Mr. Wailand said it is a tempered steel roof and the rest of the building is steel stud drywall. The outside perimeter is concrete based clapboard.

Councilman Kolber said there has been an attempt to increase the level of architecture on our streets.

Mr. Wailand said he took pictures 500 ft. east and west along Main Street and he feels this building will not be a detriment to this area.

Councilman Weiss said he wants to upgrade Main Street. We have an individual who came in and felt what he was presenting was appropriate. Now he runs into this new board with intentions to upgrade architectural standards. He is a hard working guy and he hates to turn him away because we are in this process of upgrading our Main Street. He has made an effort and he could not do that to him.

Upon roll call – Ayes: Councilmembers Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Councilman McPherson said he would like to compliment the Executive Committee of the Planning Board for the research they did and for refocusing the process where it should be. That is to bring goods and services into this Town that our residents can use and benefit from. He defies anyone, with the possible exception of people on this board, to look at this project and say it is anything but an improvement to Main Street.

Lou Visone requests a Fill Permit for 9280 Main Street. James Callahan said the property is on the north side of Main Street, east of Thompson consisting of approximately 3 ½ acres in the Commercial Zone. The Master Plan identifies the area in a Commercial classification. A recommendation was received from the Town Engineer with conditions.

Lou Visone said the fill is going to be brought in from a virgin source. The recommendation from the Engineer says the fill be verified that it is clean. It is coming from a water-main excavation in Amherst. It will be stockpiled for reuse on the site.

Motion by Councilman McPherson, seconded by Councilman Kolber that based upon identifying the sources of the fill and Town Engineering approval, a Fill Permit is granted for 9280 Main Street. On the question, Supervisor Hallock said if the source of the fill changes, we would like to be notified in writing. Councilman Kolber asked if there is a quantity amount? Lou Visone said a couple 1,000 yards. It will be placed in the back of the property and not seen from the street. It will not alter the grade of any neighboring properties. The only property abutting is other property that is his also. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to approve the following Clubhouse Applications: A. ROTA – June 24, 2004; B. Clarence Concert Association – July 9, 2004; and C. Clarence Garden Club – July 29 & Aug. 19, 2004. On the question, Councilman Bylewski is a member of item B, however this is ministerial. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the following: Nature Center: A. Clarence Conservation Advisory Council – Aug. 5, 2004; and Park Pavilion Special Request: A. Clarence Girls Softball – July 2 & 3, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of June 17, 2004 are approved for payment: General Fund - $97,408.23; Highway Fund - $26,338.59; Lighting Districts - $956.53; Capital Fund - $74,086.32; and Trust and Agency 203 - $18.99 for a total amount of $198,808.66. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Victor Martucci, Highview Ct. thanked the Town Board, on behalf of the Sports Coalition, for the cooperation and leadership in making the next expansion of the Memorial Park a reality tonight. It is going to be a tremendous project and a credit to the Town. The families that participate in baseball, soccer and softball who will benefit thank you. He also thanked the Recreation Advisory Committee for their support and cooperation also. It shows how citizens, volunteers and Town government can work together.

Councilman McPherson said as we close tonight, he would like to add what he considers an oversight, the closing of the meeting in honor of Dolores Witnauer, the wife of a four-term Supervisor and three-term Highway Superintendent. Supervisor Hallock thanked him.

There being no further business, Supervisor Hallock closed the meeting at 8:53 P.M. in memory of Dolores Witnauer and Tom Sauers.

Nancy C. Metzger

Town Clerk