A Work Session of the Clarence Town Board was held January 21, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.
Supervisor Kathleen Hallock called the meeting to order at 6:32 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Bernard Kolber and Joseph Weiss. Other Town Officials present were Town Engineer Joseph Latona, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Director of Community Development James Callahan, Senior Building Inspector David Metzger and Confidential Secretary to the Supervisor Karen Jurek.
Director of Community Development – James Callahan
Falletta’s Restaurant 8285 Clarence Center Road
There is no formal recommendation from the Planning Board, they tabled this request until the applicant can get his drawings in and the project can be adequately reviewed. The Public Hearing however has been scheduled and the Town Board can listen to the concerns of the public.
Arup Sen 9141 Main Street
Kevin Aiken 6305 Transit Road
Kevin Curry – Patrick Homes Waterford Estates
Brian Sayers – The Tree Doctor 4756 Shisler Road
Rick Smith – Pizza Inn 6235 Goodrich Road
Councilman Bylewski firm represents the applicant; therefore, he will be recusing himself from voting on this project.
James Bammer Hummer-Buffalo Dealership 5411 Transit Road
Donald Aubrecht – Holy Cross Lutheran Church 8900 Sheridan Drive
Fox Trace East Subdivision
Initially, the NYS DEC did not want to promote any type of sprawl relative to the east and would not allow any larger piping. At the last minute in September, the DEC came up with this suggestion.
If the larger lines were approved, the town would pick up the ability to service an additional 600 units. The sites of those additional units is undecided. In discussions with Director of Community Development James Callahan, the Master Plan is not conducive to 600 additional units. Mr. Callahan explained that the area surrounding “the Hollow” is identified as a low density residential area.
Mr. Latona further explained that “the $120,000 would have to be charged to someone. It is undecided at this point what the structure would be to charge that to someone and who that someone would be.” The people in the Hollow area would not gain any benefit from a 15” line, it would be future users. Municipal Finance requires the benefited parties to pay.
Heise-Brookhaven Corporation is requesting an answer relative to ordering the pipe because they are going to start laying the sewer lines. They have a deadline to get the sewer out.
Councilman Bylewski stated that the memorandum from NYSDEC states “The Town of Clarence and the Heise Brookhaven Sewer Works Corporation” should consider constructing a 15” trunk sewer upstream.” Councilman Bylewski asked why the town should consider this and did the DEC ever explain why. Town Engineer Latona stated that the DEC has not explained why the town should install 15” lines however; he is surmising that the only reason would be for additional capacity.
Town Engineer Latona stated that he has met with Town Attorney Steve Bengart, Dan Tirone and James Callahan and could not come up with a methodology of financing this. In addition to this, the 12” pipe was included in the SEQRA subsequent to that, the request has now come up to make it a 15” pipe. That includes a SEQRA impact. Town Engineer Latona called the DEC back and asked about the environmental impact. The DEC stated that the town has Lead Agency in this project. If the Town of Clarence chooses to install the 15” pipe and does not solicit comments, the DEC will not say anything. Mr. Latona is not comfortable with this. This also would not conform to the Master Plan.
The Heise-Brookhaven Sewer Corporation would like to order the pipe and begin laying the sewer lines. This would take additional studies which could delay the project.
Town Engineer Latona drafted a resolution directing the Heise Brookhaven Sewer Corporation to install the Heise Brookhaven Trunk Sewer with 12” diameter as designed. Unresolved financial structure, environmental concerns and possible lack of compatibility with the Master Plan are the basis of the above direction.
Supervisor Kathleen Hallock
Supervisor Hallock will make a motion for transfers in General Fund for the years 2003 and 2004.
Interim Health Care is a temporary health care agency that has previously used our town hall to interview area residents. They are again requesting approval to use the foyer on February 17, 2004 from 9:00 A.M. to 2:00 P.M. The Town Board was in agreement with this. Supervisor Hallock will notify them that this is okay.
Supervisor Hallock has received a letter from Justice Robert Sillars indicating that Court Clerk Marilyn Taton has fulfilled her probationary requirements and that her status should be full time permanent effective January 24, 2004. Further, Mrs. Taton should be paid at the 2004 budgeted rate.
Town Clerk Nancy Metzger is recommending that part-time clerk Gayle Brace be appointed regular part time. Gayle Brace has worked regularly in the Town Clerk’s office since 2001. If someone is a regular part time (works regular hours) and takes a Civil Service test, past practice in the town is to allow them a premium pay rate. Gayle has worked for the town since 1993, she has just been notified that she passed her Civil Service test receiving a 95.
Empire State Development Corporation will use the auditorium on February 4,
2004 from 1:00 P.M. – 2:00 P.M. for a public hearing for Dynabrade.
Supervisor Hallock will make a motion to appoint Richard Baran as Security Officer PT at the budgeted rate of pay effective 1/15/2004.
Civil Engineer Tim Lavocat would like to purchase some engineering technical books but the two companies he is dealing with will only accept prepayment or a credit card charge. The town does not prepay for items not received. Supervisor Hallock inquired as to whether the town board would consider having Tim charge the books on his own credit card and then reimburse him when the items/bills are received? This has also come up in the Supervisor’s office, when her office wanted to order Nextel equipment at a discount of approximately 40% from a company in Florida. Supervisor Hallock could put the items on her charge and be reimbursed. If we allow items to be purchased in this manner, we should approve them on a case-by-case basis and only if items are budgeted.
Councilman Kolber is liaison to the Parks Department and will make a motion to approve Clubhouse and Legion Hall applications.
Supervisor Hallock will close the meeting in memory of Louis Kelkenberg, former Highway Department employee and Grayce Floss.
Supervisor Hallock has two items to discuss in Executive Session.
Town Attorney Steven Bengart
Town Attorney Bengart stated that the Erie County Sno-Seekers do not wish to sign an agreement nor will they provide the additional insurance. Town Attorney Bengart stated that he just received this today and has not had time to research it.
Town Engineer Latona stated that snowmobiles are not allowed on the bike path because they tear up the blacktop. The parking area is also blacktop and can be damaged in the same manner. There is the ability for damage to be done. If damage does occur, the town should not allow them to use the parking area next year.
Town Attorney Bengart asked if the Town Board wanted him to research this further and see if the town can regulate public parking lots and what the requirements are. There are only a couple more months of winter left.
The consensus of the Town Board was to allow Erie County Sno-Seekers use of the parking lot for the rest of the season. If there is damage, the Town Board will address it when the request comes up.
Town Attorney Bengart has two items to discuss in Executive Session, 105 (1) D pending litigation and 105 (1) H acquisition of real property.
Councilman Ian McPherson
The Sidewalk Snow Removal task force will meet on February 9, 2004 at 7:00 P.M. The public is invited.
Councilman McPherson will announce lighting plans.
Councilman McPherson received information from Troy Banks regarding an energy audit. Our last energy audit expired on September 1, 2001. There is no cost to the town and they get 50% of anything they save. Councilman McPherson will make a motion subject to the Town Attorney’s approval and the Supervisor signing the contract.
The Town received correspondence today that we are going to receive $300,000. in multi modal monies for the extension of Bryant Stratton Way.
Councilman Bylewski will make a motion for various members of the Planning Department Board and the Municipal Review Committee to attend a conference.
Councilman Bylewski is interested on working on an infrastructure ordinance and public facilities law. He has asked the Planning Department to come up with a RFQ. Councilman Bylewski will make a motion to send out this request and to appoint Director of Community Development James Callahan, Supervisor Hallock and himself as the selection committee to review the qualifications that come in. The deadline to receive the RFQ is February 25, 2004.
The Public Facilities Infrastructure Ordinance would be tied into the Capital Improvement Budget.
Councilman Joseph Weiss
Councilman Weiss has a resolution to maintain our key people in the areas of Zoning and Engineering. Mr. Weiss is proposing that the Director of Community Development, Assistant Director of Community Development and Town Engineer positions go to a two year term. A Public Hearing will be set.
Councilman Weiss will announce a public informational meeting for the replacement of two bridges on Lapp Road. The meeting is scheduled for January 27, 2004 at 6:30 P.M. at the Clarence Public Library.
Councilman Bernard Kolber
Town Attorney Bengart has some changes to the proposed Local Law for Residency Requirement for Town Employees.
Town Attorney Bengart suggested tabling the amendments to the Zoning Code of the Town of Clarence dealing with Conservation Areas. The amendments may already be covered under the Conservation Easement Law .
Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1) h of the Open Meetings Law to discuss the proposed acquisition of real property, § 105 (1) f employment history of an individual and § 105 (1) d pending litigation. Upon roll call - Ayes: All; Noes: None. Motion carried.
There being no further business, the Work Session adjourned at 7:40 P.M.
Darcy A. Snyder
Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:50 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action was taken.
Regular meeting of the Town Board of the Town of Clarence was held Wednesday, January 21, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Kathleen Hallock called the meeting to order at 7:53 P.M. Pledge to the flag was led by Councilman Ian McPherson, followed by a prayer read by Supervisor Hallock.
Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Asst. Director of Community Development James Hartz, Deputy Supervisor Anne Case, Building Inspector David Metzger, Planning Board Chairman Patricia Powers and Municipal Review Committee Chairman Philip Sgamma.
Motion by Councilman Bylewski, seconded by Councilman Kolber to approve the minutes of the previous meeting held January 7, 2004 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of the previous meeting held January 8, 2004 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the transfer of $7,900 in the 2003 Budget General Fund from A1680.434 Computer Professional services to A1680.220 Computer Equipment. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the transfer of funds in the 2004 Budget in the amount of $2,500 from A1990 Contingency to A1954 for the Employee Assistance Program. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the
Motion by Supervisor Hallock, seconded by Councilman McPherson to appoint Richard C. Baran of 14784 Carney Road, Akron as Security Officer Part-time at the budgeted rate of pay effective 1/15/04. On the question, Supervisor Hallock said retired Deputy Baran filled in for us last week when we were unable to find a substitute. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman McPherson that upon recommendation of Town Clerk Nancy Metzger, approval was granted for Clerk Part-time Gayle Brace to be paid at an hourly rate of $12.00 effective January 31, 2004. On the question, Councilman McPherson asked what the previous rate was. It was $9.81per hour. Supervisor Hallock added that this individual passed a Civil Service Test that is applicable to the duties in the Town Clerk’s Office and has worked for the Town since 1993. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman McPherson to grant approval for Town Attorney Steven Bengart to attend the Annual Association of Towns Meeting February 15 – 18, 2004 in New York City. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski that upon recommendation of Town Justice Robert Sillars, Court Clerk Marilyn Taton has fulfilled her probationary requirements and her status is full time permanent, effective January 24, 2004 at the 2004 budgeted rate of pay. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Weiss to hire Fox & Company to perform a comprehensive 6-year capital improvement plan per their proposal, subject to review by the Town Attorney at a cost not to exceed $9,800. On the question, Councilman Bylewski brought up the concern of a possible conflict of interest due to the fact that they also do the auditing. It is his understanding that it is not. Upon roll call – Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.
Supervisor Hallock announced that we received a grant check today from Erie County for the telephone lines at the Library. The lines were installed for the Motor Vehicle Department and Erie County Legislator Mike Ranzenhofer was responsible for securing the grant.
Councilman McPherson said when the Heise-Brookhaven project was created, the
capacity for the trunk line and the residents to be served called for a 12-inch
line. That was the focus for the SEQR and environmental review. The 12-inch
line is on the plan, is a part of our Master Sewer Plan, which is a part of
our Master Plan. In September, subsequent to the Town of Amherst’s request
for additional capacity, and stating that they had additional capacity, the
DEC indicated in a letter to the Town that the Town of Clarence and the Heise-Brookhaven
Sewage Works Corporation should consider installing a 15-inch sewer line instead
of the 12-inch. Upon discussion, it was felt that it should have been discussed
at the early planning stages. Town Engineer Latona explained in the Work Session
that by installing a 15-inch line, it would increase the capacity by 600 equivalent
dwelling units and it may be in contrast to the Master Plan. The Sewage Works
Corporation is ready to order the pipe and needs an answer right away. The consensus
is that it does not make sense to do right now.
Councilman McPherson said the Sidewalk Snow Removal Task Force will hold its initial meeting on Monday, February 9, 2004 in the Town Board Room at Town Hall. The public is welcome.
Councilman McPherson said the Town has periodically engaged in energy audits
to try and save tax dollars on our energy costs. We received a proposal from
Troy & Banks. They would be paid 50% of any savings realized for the Town.
Our last energy audit expired in September 2001.
Councilman McPherson said he attended the School and Municipal Energy Cooperative (SMEC) meeting. They have realized an increase in their business over the first five years. Their average savings for municipalities ranges from 5% to 20%. The highlight of the meeting was that because of their financial position, they might be able to offer balanced billing.
Councilman McPherson announced the following events for the Chamber of Commerce:
Councilman Bylewski stated that the narrative to the Central Fire Alarm Annual Report was received and is on file in the Town Clerk’s Office.
Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant permission for the following to attend a training session sponsored by the WNY Chapter of the American Planning Association to be held at the Pepsi Center January 21, 2004 at the cost of $20 per person: James Callahan, Director of Community Development; James Hartz, Asst. Director of Community Development; Patricia Powers, Planning Board Chairman; Reas Graber, Planning Board member; Phillip Sgamma, Municipal Review Committee (MRC) Chairman; Paul Shear, Rich McNamara and John Moulin, MRC members. The session is on Context Sensitive Street Design and Smart Growth Codes. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss to send out a Request for Qualifications, authorize the Planning Department to issue the Request for Qualifications, and appoint James Callahan, Supervisor Hallock and Councilman Bylewski to review said qualifications with a deadline for qualifications to be received by Wednesday, February 25, 2004 for the development of an adequate public facilities law. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize payment of Change Order No. 5 to Northeast Mechanical, Inc. for lighting in the Board Room at a cost of $1,111 to be paid from the Project 74 account. This is for a light installed in error by the contractor. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Kolber to set a Public Hearing for February 11, 2004 at 7:50 P.M. to consider a Local Law setting a two-year term for the positions of Director of Community Development and Assistant Director of Community Development. Councilman Weiss said we do not want to lose our key people during the upcoming crucial years. They should have a better degree of security for themselves and their families. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Weiss announced that the Highway Department is reminding people
to clear hydrants near their homes if they have not been done. The Town has
put out markers at an expense and they urge people to keep them open for their
own safety, as well as their neighbors.
Councilman Weiss received notice from Legislator Michael Ranzenhofer notifying
the public of a meeting on Tuesday, January 27, 2004 at 6:30 P.M. at the Clarence
Public Library to solicit comments and concerns regarding the replacement of
two bridges on Lapp Road. Erie County Department of Public Works representatives
will be present
Councilman Kolber said the library has been experiencing “uninvited water” problems. The Town Engineer said it is being taken care of.
Councilman Kolber announced the tentative date of Monday, February 23rd to hold a public meeting to hear the resident’s comments and concerns. We will have more announcements going forward.
A Public Hearing was held to consider the request for an amendment to the
existing Temporary Conditional Permit to add a banquet room to the existing
restaurant at 8255 Clarence Center Road. Supervisor Hallock said we are holding
this hearing tonight, however, there will not be a vote on the request because
the Planning Board did not have all of the information to make a recommendation.
A Public Hearing was held to consider the request for a Special Exception
Use Permit for residential apartments in the Commercial zone at 9141 Main Street.
James Callahan said the location is the south side of Main Street, west of Thompson
Road consisting of approximately one acre in the Commercial Zone. The Master
Plan refers to this area as commercial. The applicant requests conversion of
offices to apartments.
A Public Hearing was held to consider a Local Law for Residency Requirements
for Town employees. Supervisor Hallock said this is a request from Personnel
Commissioner Greenan that towns adopt a preference or residency law. Town Attorney
Steven Bengart added that the request is for protection to the Town to be able
to hire town residents first under civil service requirements. We are able to
control it by adopting a local law versus a preference. Mr. Bengart feels additional
language should be added to set details or conditions to allow for a waiver
from the provisions. He would add “and pursuant to the Town Policy Manual”
to Section 4.
A Public Hearing was held to consider amendments to the Zoning Code of the
Town of Clarence to deal with Conservation Areas. Town Attorney Steven Bengart
recommended tabling this item until he can look into it further. We may already
have this law on the books. He also believes it needs some “teeth”
added to it. Mr. Bengart said the idea behind the conservancy areas is to create
buffers between residential or commercial areas to keep them forever in their
natural character. The problem is people are encroaching on these areas by cutting
trees down or putting accessory buildings on them. We need to protect these
areas. More work should go into this law before it is passed.
A Public Hearing was held to consider revocation of existing Temporary Conditional
Permit for a concrete business in the Agricultural and Major Arterial Zones
at 6305 Transit Road. James Callahan said the property is on the east side of
Transit Road, north of the Peanut Line consisting of 35 +/- acres. The Master
Plan identifies the area frontage to remain in a Commercial classification and
the rear in a rural residential classification. A Temporary Conditional Permit
was approved September 10, 2003 with a general summary of conditions as follows:
indoor storage and covered storage to the north of existing building; hours
of operation 7:00 A.M. to 9:00 P.M. with a two-hour window in the morning and
evening and no Sundays or Holidays; no other contractors on the premises; berms
and plantings to the satisfaction of the Landscape Committee; and loader to
be used offsite after initial site preparation; and no open burning on the property.
Kevin Curry, Patrick Homes requests a temporary construction/sales trailer
at Waterford Estates. Mark Aquino was present as a representative. James Callahan
said the location is on the north side of the entrance from Thompson Road. One
of the conditions of the previously approved temporary trailer at Waterford
Commons was landscaping around the trailer.
The request by Brian Sayers, The Tree Doctor for a Building Permit and Architectural Approval for construction of a 24’ x 32’ pole barn in the Commercial Zone at 4756 Shisler Road was removed from the agenda at the applicant’s request.
Rick Smith, Pizza Inn requests a Change-In-Use from warehouse to pizza shop
and a Building Permit and Architectural Approval to convert the space to a restaurant
in the Commercial Zone at 6235 Goodrich Road. James Callahan said the location
is on the east side of Goodrich Road, north of the Building & Engineering
Department consisting of 1.3 acres in the Commercial zone. The Master Plan recommends
that this area remain in a commercial classification. The existing warehouse
storage operation was approved in 1999. The applicant seeks a change to a pizza
parlor per the identified site plan and adequate parking is portrayed.
Mike Metzger, representative requests Concept Plan Approval for construction
of a 10,000 sq. ft. Tae Kwon Do School in the Major Arterial Zone at 5921 Transit
Rd. Councilman Bylewski said his firm is representing the applicant, therefore
he will recuse himself from any discussion.
Sal Oddo requests a Building Permit and Architectural Approval for construction
of an addition to existing beauty salon and including the addition of one residential
unit in the Major Arterial Zone at 6399 Transit Road. Sal Oddo said the addition
is approximately 1,600 sq. ft. James Callahan said the location is the east
side of Transit Road, south of Old Post Road and located in front of the Holiday
Retirement Facility. It is located on .9 acres in the Major Arterial Zone. A
Change-In-Use was issued for the existing salon on 4/10/2002. The Master Plan
identifies this area to remain in a commercial classification.
James Bammel, Hummer-Buffalo Dealership requests a Special Exception Use Permit
and Concept Plan Approval for construction of a new automobile sales and service
facility in the Major Arterial Zone at 5411 Transit Rd. The architect said the
proposal is for a 9,400 sq. ft. facility dedicated to the sale of Hummer vehicles.
They are currently being sold within the Buick dealership. The building style
is a prototype of the company.
Donald Aubrecht, Holy Cross Lutheran Church requests Concept Plan Approval
for construction of additions and associated parking to the existing church
facility in the Commercial Zone at 8900 Sheridan Drive. Richard Craig, Chairman
of the Building Committee said they have been part of the community for almost
45 years and the congregation has determined that they need to add to the facility
in order to support their programs. James Callahan said the property consists
of approximately 3.3 acres in the Commercial Zone with Agricultural to the rear.
The Master Plan identifies this area to remain in the commercial classification.
Fox Trace East Subdivision requests a Public Hearing to consider rezoning property
from Agricultural to Residential A to accommodate a proposed single-family housing
development. Peter Sorgi of Renaldo and Palumbo was present.
Motion by Councilman Kolber, seconded by Supervisor Hallock to approve the following: Clubhouse Applications – A. Girl Scout Troop 1047 – Jan. 25, 2004; B. Clarence Fillmore Cemetery – Feb. 25, 2004; C. First Presbyterian Church – March 20, 2004; D. Clarence Girls Softball – Feb. 7, 2004; E. Clarence Soccer Club – 2nd Sunday each month of 2004; F. Cub Scout Pack 563 – Feb. 8, 2004; and Legion Hall Applications – A. Sara Schupbach – Feb. 7, 2004; B. Jennifer Topp – Feb. 8, 2004; C. Jean Brault – Jan. 23, 2004; D. Linnea Koeppel – Feb. 6, 2004; E. Susanne Zelawski – Feb. 15, 2004; and F. Patricia Burkard – April 18, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of January 15, 2004 are approved for payment: General Fund - $91,717.65; Highway Fund - $5,918.74; Water District - $33,437.63; Sewer Districts - $21.15; and Capital Fund - $71,854.64 for a total amount of $202,949.81. Upon roll cal l – Ayes: All; Noes: None. Motion carried.
There being no further business, Supervisor Hallock adjourned the meeting at 9:53 P.M. in memory of two people who passed away this past week, Louis Kelkenberg who worked for the Town Highway Department for 23 years; and Mrs. Grayce Floss.
Nancy C. Metzger