08/02/06


A Work Session of the Clarence Town Board was held on August 2, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 9:00 A.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss and Patrick Casilio. Councilman Kolber was absent. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Town Engineer Joseph Latona and Director of Administration and Finance Pam Smith.

Tyson Smith Adequate Public Facilities

Via a conference call, Tyson Smith gave an update on the progress he has made on the Adequate Public Facilities Law.

Shortly after the last meeting, Tyson Smith suggested amendments to the Master Plan stipulating facilities need to be in place before development can occur specifically addressing roads, water, parks and schools.

TEQR will make their recommendation to the Town Board on August 21, 2006.

Tyson Smith had a very productive meeting with School Superintendent Tom Coseo. He also spoke with Williamsville School Superintendent Howard Smith and both were supportive of the idea of making sure we have availability in our schools ahead of demand. Mr. Coseo reviewed the Memorandum of Understanding and suggested several changes including the number of students per class. He also was not comfortable entering a Memorandum of Understanding until the APF was in place.

Williamsville School Superintendent Howard Smith also received a copy of the MOU and will get back to Tyson the week of August 7. Town Attorney Bengart spoke to the Williamsville school attorney and he had several concerns including the number of students per classroom, he felt it should be much higher than 22 students per class. He also had the same concerns as Mr. Coseo did regarding the school district being sued by giving their opinion.

Williamsville School Superintendent Howard Smith felt his board would be supportive; they will have to meet with the Amherst Town Board. Tyson Smith suggested a representative from Clarence meet with them as well to answer any questions and explain what we are doing. The only concern Tyson Smith had with the Williamsville Schools is that much of the school district is not in Clarence; a tracking system will have to be put in place to monitor development as it occurs. James Callahan is coordinating with the other towns that will be affected by this to work out process for tracking development relative how it will affect growth and capacity.

It was previously discussed putting in a legislatively adopted fee in the Subdivision Law. Tyson Smith has made general changes to the Master Plan with regard to parks. He changed the level of service in the Master Plan to reflect the 2005 Parks & Recreation Master Plan. He is encouraging everyone to read the update. He suggested figuring out the methodology on how to calculate the fee. Tyson Smith is recommending that the Town figure out what the amount of park dedication should be and then calculate a fee amount.

Erie County Water Authority and Erie County Health Department have indicated that they handle fire flow issues and the Town would handle fire flow issues through them. EC Health Department representative Tom Casey is of the opinion that Clarence has one of the best water systems in the County. Several years ago, there were problems with water pressure which have since been rectified. When presented with the MOU, Mr. Casey suggested the town engineer monitor whether fire flow meets our adopted standards. Mr. Casey was reluctant to obligate the Health Department to testing every single project that comes through the Town. James Callahan stated that the main concern is that normally it is determined later on in the development process. The difference is we want to make that determination more in the review process. The Health Department usually does not get the detailed engineering plans until after concept review and after the plans have been submitted for development plan review. In the APF, we want to make that determination sooner. Town Engineer Latona suggested making it a requirement as part of the concept plan submittal. Applicant must get approval from the EC Water Authority that they have adequate water pressure at the given hydrant to proceed. If there is not enough pressure, it would be up to the applicant to work with the water authority to resolve the problem.

Tyson Smith suggested law enforcement be discussed on an annual basis.

A project review process with the APF component will be first reviewed by the Town Board; the Town Board will refer it to the Planning Board and TEQR which would also transmit to schools, roads and water for review under the APF analysis. It would then go back to the Town Board for determination.

The review of roads becomes complicated as far as getting in touch with representatives from the State and County; Jim Callahan will keep trying to communicate with them.

Jim Callahan stated that the Master Plan is in coordinated review, he anticipates getting comments back within the next two weeks.

Tyson Smith will continue to coordinate with the schools on methodology. Williamsville School District said they would contact Tyson Smith the week of August 7th. He will wait to hear back from the County and State regarding roads and will contact Town Engineer Latona regarding water/fire flow, this could be done in-house. Tyson Smith stated that he would calculate parks with respect to land valuation and come up with a fee.

Tyson Smith is hoping that the APF will be ready for a Public Hearing on October 11, 2006. He will report back to the Town Board in approximately three weeks with a progress report.

Councilman Casilio questioned police protection. Tyson Smith stated that instead of looking at each project that comes through with regard to police protection, capacity will be reviewed annually. It is a funding issue more than a level of service issue. Councilman Casilio questioned whether the Town could start collecting money now if the Town feels that we will need protection in the future or need to pay for additional protection from the County (we have a potential of 1000 new homes in the works now). Tyson Smith suggested monitoring the situation and review it on an annual basis.

Councilman Bylewski said that as a follow up to the last meeting with regard to fire protection, in looking at fire flows we were also looking at having a provision regarding levels of service for the fire companies themselves some type of incorporation in the APF Law. Tyson Smith suggested coordinating with fire and police and see if they have adopted level of service. There are several fire districts and they are all volunteer so up to this point they have not been consistent with measuring levels of service. Tyson Smith asked if there was an umbrella organization for the fire districts. Councilman Bylewski indicated that there is a Fire Administrative Council Board for Clarence/Newstead as well as a Fire Chiefs Association. Councilman Bylewski is liaison to both boards. He will take any information relative to trying to establish levels of service to those boards. Tyson Smith suggested including in the APF that each year we coordinate with each district and see if they are meeting their level of service to the town.

Fox & Company James Parkes III and Brian Juszkiewicz

With regard to the Management Letter, Jim Parkes stated that effective for the year 2008, the Town of Clarence will be required to record the present value of future post employment benefits for retired workers, their beneficiaries, their dependents and terminated employees not yet receiving benefits. Benefits include: health care, dental, life insurance and other types of post retirement benefits for which the Town is obligated. Fox & Company is recommending the Board prepare in advance for the implementation of GASB No. 45. Generally an actuarial valuation is required for employers with more than 100 members, and will be required biennially or triennially. Based upon identified OPED (Other Post Employment Benefits) items, the Town should consider hiring an actuary to compute the present value of all benefits to be recorded in 2008.

Mr. Parkes indicated that Fox & Company goes through every area of town government. They look at the checks and balances, the system safeguards within our accounting system to make sure they are "best practice approach" in today's world as recommended by the AICPA (American Institute of Certified Public Accountants), GASB (Governmental Accounting Standards Board) and other authoritative groups. The Towns accounting system is sound. The Town Board can be comfortable in knowing that the accounting of tax payer dollars is going through a system that has safeguards and is adequately protected. This is covered every year and if there is a weakness, the Board will be made aware of it.

When the Town goes out for a bond, the auditor's report gets incorporated with it and can help your bond rating.

The Town's investment in capital assets for its governmental activities as of December 31, 2005, amounted to $84,051,902 (net of accumulated depreciation). This investment in capital assets includes land, infrastructure, buildings and equipment.

For the year ending December 31, 2005, budgeted revenues, expenditure and special revenues in the General Fund were $8,113,797. We have $471,558 more than budgeted for.

If you budget too tightly you run the risk of having a short-fall which can erode fund balance. If you budget too conservatively you run the risk of building up to much of a fund balance. You have to be careful how you budget from year to year.

At December 31, 2005, the total outstanding indebtedness of the Town aggregated $16,464,300. Of this amount $11,797,100 is subject to the constitutional debt limit and represents approximately 8.64% of its debt limit, giving the Town a lot of borrowing capacity.

A Summary of Revenues by Functional Area showed that 49% of revenue comes from Real Property Tax, from 2004 2005 there was an increase of $473,497.

A Summary of Expenditures by Functional Area showed that Employee Benefits increased by $284,958. This was due primarily for health insurance and NYS Retirement benefits. Overall, expenses went up modestly.

Summary of Fund Balances shows that 48% of Fund Balances are undesignated, 37% designated and 15% reserved. In 2005, the Fund Balance with the exception of the Lighting Districts is in the positive direction, the Town has a strong fund balance position for all funds.

Summary of Revenues and Expenditures shows $15,149,139 was budgeted for revenue, actual was $15,783,501. The actual revenue was higher than the budgeted amount. Anticipated Expenditure was $17,163,157, actual was $16,196,473. for a savings of $966,684.

A Summary of Outstanding Indebtedness show 28% is in Bond Anticipation Notes and 72% of debt is in Serial Bonds. The Town has exhausted only 8.64% of its statutory bonding capacity.

Supervisor Kathleen Hallock

Supervisor Hallock reminded everyone about the August 21, 2006 joint meeting with the School Board at 5:30 at Ledgeview School. A tour of the portable classrooms will be given at 5:00 P.M. The meeting is expected to end by 6:30 P.M. followed by a light supper before the School Board meeting at 7:00 P.M. Supervisor Hallock and Mr. Coseo have discussed agenda items to include construction progress, APFO (Adequate Public Facilities Ordinance, SRO (School Resource Officer), police and youth services. Any other suggestions for agenda items should be forwarded to the Supervisor by next week. Councilman Weiss would like to see leadership by the school districts for some type of consolidation and accountability.

The Town Board and representatives from the School District will meet today with representatives from Heise-Brookhaven Sewage Corporation regarding plans for 100 taps for Clarence Middle School. Town Engineer Latona stated that the Towns position has been that there is capacity for the school in what is called the excess capacity. Town Attorney Bengart said that there is theoretical and actual capacity. Town Engineer Latona stated that we are dealing with actual capacity. Theoretically there is nothing to discuss, the fact of the matter is actually there is capacity. This Board has taken a position that capacity would allow 100 theoretical units for the school to participate. The Town wrote a letter to the school stating that they needed a letter from Heise-Brookhaven Corporation compliant with the contract that says the school is allowed to hookup. The school is waiting for a response to their letter to the Heise-Brookhaven Corporation saying that the school is allowed to hookup.

Town Attorney Bengart wrote a letter to Heise-Brookhaven asking them to show the Town their plans for the sewer taps, how they would keep track of them and how the school fits into that. The Town is still waiting for a response to that letter.
Councilman Weiss said that the Town has said all along that the excess capacity should go to the school however; we have not heard a response from anyone at Heise-Brookhaven Corporation. Town Attorney Bengart was of the understanding that the Town was not going to agree to anything until we received a response from Heise-Brookhaven, his concern is down the road and allowing others to hook up using the excess capacity.

Mr. Latona stated that the excess capacity is in the 18" line in Amherst which is a public sewer. As long as we meet our contractual obligations with the Heise-Brookhaven Corporation and Peanut Line Corporation, that is the Town's capacity.

Councilman Casilio asked if the school is given 100 taps, the Town will be held harmless should there be a lawsuit in the future.

A joint Planning Board/Town Board meeting is scheduled for August 30th, 2006 from 7:00 P.M. 9:00 P.M.

At the June 14th, 2006 Work Session, Senior Building Inspector Dave Metzger discussed a building permit refund for Logan Homes however, no formal action was taken to approve the $359. Refund.

Motion by Supervisor Hallock, seconded by Councilman Bylewski per recommendation of Senior Building Inspector Dave Metzger a refund of $359. be issued to Logan Homes for a building permit fee. On the question, Councilman Bylewski stated 1) that we have now adopted a consistent policy regarding refund situations and 2) it does not involve extra work that is not being captured by the building department. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried.

Supervisor Hallock contacted Brian Maud from Walgreen's and requested a site plan.

Supervisor Hallock has one item to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski will be sending out a letter today regarding the relocation of the thruway tolls.

An offer was made on the fire district vehicle, Councilman Bylewski is waiting to hear back.

Councilman Bylewski received the July 2006 Central Fire Alarm report.

Time Warner has taken over Adelphia Cable; an informational letter was mailed to subscribers.

Youth Director Dawn Kinney would like to meet with the Town Board regarding the Youth Department.

Councilman Bylewski requested the Town Attorney office forward a copy of the filed Landscape Law.

Councilman Joseph Weiss

Councilman Weiss commended the Engineering and Highway Department for the great job they did handling all the local flooding. Town Engineer Latona stated that every basement that was flooded was either a day-light basement or walk-out basements. Councilman Bylewski stated that is why we have changed the law. Despite what developers say, not every location is appropriate for walk-out basements. Town Engineer Latona has required "hold harmless" from contractors who insist on putting walk-out basements in the Stonebriar Subdivision.

Supervisor Hallock received numerous calls regarding drainage which she referred to Highway Superintendent Ted Donner.

A notice will be in the Clarence Bee requesting input from residents as to the location of the skate park.

Councilman Weiss has suggested a full time recreation director rather than two part time positions.

At the July 12th Town Board meeting, a motion was made to approve building permit and plumbing permit fees. Councilman Kolber suggested two changes. Dave Metzger presented the fee schedule with the changes. A fee of $100 will be charged to renew pool permits that are not completed within 3 months of issue date and a Certificate of Compliance has not been issued. Exception: Weather related construction delays. Town Engineer Latona stated that the 3 months is incentive to get the work done in a timely manner. A fee of $500 per week will be charged to the builder for structures occupied prior to issuance of a Certificate of Occupancy. . Dave Metzger is opposed to the exception of a residential accessory structure; he gave an example of a detached garage with power. We do not want to make any exceptions for structures occupied prior to issuance of a Certificate of Occupancy.

Councilman Patrick Casilio

The Board of Elections is requiring the Senior Center enter into a lease agreement for use of the building during elections. They are also requesting a set of keys to open and close the building. Councilman Casilio will discuss this further with Town Attorney Bengart.

Councilman Casilio has e-mailed information and a tentative request regarding town owned light poles in the Harris Hill area. Councilman Casilio suggested one permanent employee be in charge of light pole requests. NYSEG does light replacement and provides power to the light poles. Supervisor Hallock suggested Councilman Casilio meet with John Burns, Ted Donner and Joe Latona to address any issues.

Councilman Casilio will meet with Clayt Ertel and Larry Reid regarding the Morlando Project. The Harris Hill residents are trying to form an association.

The Traffic Safety Board will meet in September and discuss the many streets and intersections that were in question throughout the town. The speed limit on Goodrich Road near Lapp Road will be revisited due to all of the accidents at that intersection. Supervisor Hallock met with Jerry Sentz and he indicated that the speeding on Goodrich Road is as much a problem as people not stopping at the Lapp Road intersection.

Motion by Supervisor Hallock, seconded by Councilman Weiss to enter into Executive Session pursuant to 105(1) D pending litigation regarding Marinaccio 105(1)H the proposed lease of real property and 105 (1) F the history of a corporation. Upon roll call - Ayes: All; Noes; None. Absent: Councilman Kolber. Motion carried.

There being no further business, the meeting adjourned at 11:05 A.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 11:50 A.M. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried.