A Work Session of the Clarence Town Board was held on February 14, 2007 at Clarence Town Hall, One Town Place, Clarence, NY.
Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Director of Administration and Finance Pam Smith, Town Engineer Joseph Latona, Senior Building Inspector David Metzger and Confidential Secretary to the Supervisor Karen Jurek.
Director of Community Development James Callahan
Master Plan 2015 Amendments:
Zoning Law Amendments:
John Burgher 10939 Main Street
HD Café 5445 Transit Road
Metal Mart International Inc.
Formal Agenda items:
Noel Dill 9015 Main Street
Greatbach Inc. 10000 Wehrle Drive
Saturn of Clarence Eastern Hills Mall
Dr. Altlman 8421 Sheridan Drive
Waterford Village Bank 8411 Main Street
Joseph Piparo 6585 Transit Road
Uncle Bob's Self-Storage 8175 Main Street
Love Your Dog 6989 Transit Road
Mike Arno 5850 Kraus Road
Dunkin Donuts 9430 Main Street
Work Session items:
Bradley Brunette 9393 Main Street
Don Albrecht First Presbyterian Church 9675 Main Street
Douglas Klotzbach Frey's Old Time Furniture 9992 Main Street
Walgreens 9217 Main Street
The Home Depot 4139 Transit Road
Garry Daigler 8255 Wolcott Road
Al Gozdalski 8895 Sheridan Drive
Autistic Services 4444 Bryant & Stratton Way
Supervisor Kathleen Hallock
At the November 15, 2006 meeting, the Board approved a special event request for Miles with Missions at Memorial Park to be held on August 1st. There is now a revised site for the run/walk, it will be held at Clarence Center VFC.
Eastern Hills Wesleyan Church is requesting approval to host a 2 mile church wide walk from Memorial Park to Newstead town line and back. The event is scheduled for Saturday, April 28, 2007 at Memorial Park from 8:30 AM until 1PM. They will have volunteers at all of the intersections. The planner was going to contact the Parks Department and the Soccer League regarding any scheduled games.
Supervisor Hallock will make a motion to create the position of Senior Clerk RPT. After we receive confirmation from Civil Service, we will ask for the list.
Supervisor Hallock received an application for the Bicentennial Committee; the appointment will be made in two weeks.
Supervisor Hallock will appoint James Callahan as Affirmative Action Officer; this is a three year appointment.
Supervisor Hallock will announce the 4 motions that were passed at the January 31, 2007 Work Session.
The Bicentennial Committee sold 115 banners for the first batch to be produced. The banners will continue to be sold however the committee would like to have them in place for the March 11th birthday party.
Animal Control Officer Jerry Schuler has received a donation of an apartment size washer and dryer for the animal shelter.
The Clarence Center Community Association is requesting the use of the picnic shelter at Town Place Park on Saturday, July 28th for their annual community picnic. They are also requesting permission to allow attendees to bring their canine pets with them for this year's event "Bark in the Park". Town Clerk Nancy Metzger indicated that this request is in violation of Chapter 143 of the Town Code and she does not have the authority to approve such a request. The Town Board was in agreement with the one time request.
Supervisor Hallock is liaison to the Clarence Center Community Association and met with two of the directors last week. One of the items discussed was a community type billboard to be placed on Goodrich Road near the bike path. The Recreation Advisory Committee is not in favor of it; they suggested finding someone that would be willing to put the sign on private land. If the sign was in the right of way, it would be limited by the sign law. Some of their other ideas included the possibility of getting more lighting at the four corners, a one day street sale possibly twice a year at the four corners to promote all the businesses. A Special Event Permit would have to be approved. Jim Callahan suggested CCCA speak with the Sheriff's Department as Goodrich is a county road. They are also looking into a July 21st midnight event at the bookstore for the Harry Potter book sale, daytime events in the courtyard (kids concerts, puppet shows etc.) and a murder mystery ride through Clarence Center. Supervisor Hallock did ask that they contact the neighbors regarding noise. In a couple of weeks a new retail business is opening next door to Crossroads Book Store cooking classes will be offered along with the sale of culinary items. They also discussed the noise and truck congestion on Goodrich Road but there is not much that can be done about that. Supervisor Hallock will put them in contact with the IDA to see if there is sales tax relief for non production items.
Supervisor Hallock will make a motion to hire the architect to prepare the bid documents for the pointing of the five chimneys at the Clubhouse also re-roofing and pointing of the chimney for the Gerber Library.
Supervisor Hallock has two items to discuss in Executive Session.
Councilman Scott Bylewski
Councilman Bylewski received a partial payment check from Adelphia Cable. The check represents the payment of franchise fees for July 2006.
A Cable TV Committee meeting has been scheduled for March 22, 2007.
Councilman Bylewski will appoint three citizens to the Public Safety Committee and will announce that their first meeting will be scheduled for Tuesday, March 20th @ 7:00 PM in the Planning Board room.
Councilman Bylewski received the January 2007 Amherst Fire Alarm report.
To date, Councilman Bylewski has not head from all department heads regarding the Performance Measures.
Councilman Bylewski announced that The Farm Bureau of Erie County received a national award.
The TEQR Committee has forwarded recommendations for consideration by the Town Board relative to Dunkin Donuts 9430 Main Street and the proposed Bakowski Self-Storage Facility located within the Lakeside Industrial Business Park.
Councilman Bylewski has received the building permit report.
The Town Board received the League of Woman Voters updated report "At Taxpayers Expense." Councilman Bylewski will mention some of the important highlights especially those dealing with sprawl.
Councilman Bylewski distributed an application for the Planning Board alternate position.
Councilman Bylewski reviewed the Erie County Design Report for the proposed roundabout at Shimerville and Greiner Road. They are a number of areas that Councilman Bylewski has questions on, in particular you have to educate the public however, and they only had one public meeting when they indicated they would have more than one public meeting. The accident data for 2005 - 2006 was not included in the report. Councilman Bylewski feels that more information has to be included in the report before the County can say that a roundabout is the preferred design. Councilman Bylewski will get a draft letter circulated and the Town Board may pass a resolution requesting another public meeting.
Councilman Bylewski commented on a memo the Board received regarding two council members who recused themselves from voting on the setting of a public hearing. Councilman Bylewski stated that he felt that the two council members that recused themselves did the right thing because setting a public hearing is not a ministerial act; it is an act where you have discretion in doing it Town Attorney Bengart agreed.
Councilman Joseph Weiss
Councilman Weiss will make a motion to approve the request by Clarence Center Community Association for Bark in the Park.
Parks Crew Chief John Burns is requesting a transfer of funds for 2006.
Wendy Silvati got a group of children to help out with the fishing derby.
A meeting is scheduled for Thursday, February 15th @ 5PM to discuss Day in the Park festivities. Everyone is welcome.
A consultant has been contacted to help with the deer abatement program; the town is looking at other alternatives.
Councilman Weiss thanked everyone involved with Winterfest, they did a great job.
At the Conservation Advisory Committee meeting, Steve Murtaugh announced that a stone wall would be erected at the entrance to Town Hall at Goodrich Road, he is looking for some funding. Clarence Rotary Club may come up with $25,000. Mr. Murtaugh question whether or not the money that had been earmarked for the skate park project could be used. Supervisor Hallock stated that we have received many requests for that money; we are paying a lot of money for the debt service on the arboretum already. Councilman Casilio stated that if we go ahead with any type of camera system, he will be looking for money also.
Councilman Bernard Kolber
Councilman Kolber has one item to discuss in Executive Session regarding the appointment of an individual.
Town Assessor David Folger is requesting Town Board approval to attend a seminar.
Councilman Kolber will announce that Rosanne Butler-Smith is leaving the Clarence Public Library; she is taking a position to run the Town of Amherst libraries. No replacement has been named.
Councilman Kolber has a correction to the January 31 minutes.
Councilman Kolber commented regarding the fill issue at Memorial Park, it was stated that the fill has to sit for one year. Councilman Kolber spoke to someone about this and it was indicated that as long as it was compacted when it was put in, it did not have to sit for one year. Councilman Casilio clarified this by stated that if you don't compact it, it should sit for at least one year. Councilman Kolber stated that the dozers running over it would compact it. Councilman Casilio disagreed stated that you need compacting equipment. Compacting equipment costs approximately $5000 a week to rent a machine.
Councilman Kolber will make a motion to hire Greg Ribbeck at the amount of $85.00 per hour not to exceed $7,000 for use of D5 dozer and operator to strip and stockpile the topsoil at Memorial Park. Councilman Kolber said the money could come from the Recreation Fund. Supervisor Hallock stated that normally we use that money for debt service, she did not know if it could be done last year. If we have money in that account, it is used for the debt service, $50,000 on the original $750,000 borrowing from 1998 and $20,000 for the wading pool.
Councilman Kolber stated that he spoke to the contractor that is doing the Transit Road widening project. The contractor has 200,000 yards of fill to dispose of. We need 80,000 to fill in at Memorial Park, 40,000 for the one section and 40,000 for the other section however we have to decide if we want to cut the trees down. The Transit Road project is a two year project that will begin in March. The contractor dealt with Highway Superintendent Ted Donner during the October storm and spoke very highly of him. They would be willing to deliver the fill at no charge to the town. Councilman Kolber further stated that the town could provide a letter of donation to the contractor which he can use as a tax deduction.
Councilman Bylewski asked that outside of the work that Greg Ribbeck would do, is there anything else that needs to be done at the site before we can accept the fill. Town Engineer Latona stated that we need to know how big the trucks are and a route into the site would have to be planned. An entry way would have to be established for the trucks to back in so they don't sink or damage the road. Councilman Kolber stated that if we can find some money, it may be worth while to get the shot rock when it becomes available, that could be used to set up the staging area. Town Engineer Latona stated that he is at a disadvantage because he does not have equipment or a budget.
Councilman Kolber will make a motion for Town Engineer Latona to develop specifications for fill placement at Memorial Park.
Supervisor Hallock asked how much it will cost to hire Greg Ribbeck. Councilman Kolber stated that Mr. Ribbeck has indicated that it would take him between 5 - 7 days at 9hours a day which would come out to approximately $5,300 - $5,500. Town Engineer Latona stated that it is difficult to do anything with all the snow; we don't know where the topsoil ends or where the concrete is. We are at an extreme disadvantage to try and manage a site under snow. This project depends on the weather.
Councilman Kolber stated that the snow will melt eventually, if we give Mr. Ribbeck the approval, he will be ready to go. Councilman Kolber further stated that Mr. Ribbeck will be operating the machinery himself, so we would not be getting into prevailing wage issues. Councilman Casilio suggests contacting DiPizio Construction about bringing in stone and arrange a dump site. Councilman Kolber said that if we wait until late spring or early summer the park is in full use with baseball, soccer and traffic. We would have to block off an entrance way so that the trucks would stay away from the usage areas. Supervisor Hallock stated the Highway Superintendent Ted Donner had some reservation about starting before April Councilman Kolber has not discussed this with Highway Superintendent Ted Donner as he has just received the information today. Town Engineer Latona stated that even when the snow melts, the site will be extremely wet and muddy.
Councilman Kolber stated that for an additional $1,500 - $2,000, Mr. Ribbeck could remove the brush.
Councilman Bylewski stated that the concern that has been brought up through the Capital Improvement Committee is to make sure that the funding was in place and the timing was right. Would there be harm in holding off for two weeks to give Joe Latona and Ted Donner an opportunity to review the information that Councilman Kolber has come up with. Councilman Kolber stated that he will hold off for two weeks. Supervisor Hallock asked that Councilman Kolber also get a verification of the estimates he has received.
Town Engineer Latona will meet with the contractors (Ribbeck and DiPizio) and report back to the Board.
Councilman Patrick Casilio
Because of the heavy Town Board agenda, Councilman Casilio will report on the Avoidable Alarms at the next Town Board meeting (February 28th). Councilman Casilio is working with Senior Building Inspector Dave Metzger to set up a meeting of the Avoidable Alarm Committee.
Supervisor Hallock will give the State of the Town address to the Chamber of Commerce dinner on February 15.
Councilman Casilio met with the Senior Center last week. William Dickman has resigned; his term expires 12/31/08.
Labor Management negotiations are on going.
Councilman Casilio will mention briefly the presentation given at the February 7th meeting relative to parks security.
The Morlando Committee met and will seek opinions on the lights for the Harris Hill neighborhood.
Councilman Casilio will make a motion on Employee Assistance Program.
Councilman Casilio has one item to discuss in Executive Session regarding the appointment of a particular person.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss matters leading to the appointment of a particular person and the employment of a particular person. Upon roll call - Ayes: All; Noes: None. Motion carried.
There being no further business, the Work Session adjourned at 7:16 P.M.
Darcy A. Snyder
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 Wednesday, February 14, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Bernard Kolber, followed by a prayer read by Supervisor Hallock.
Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Building Inspector David Metzger, Parks Crew Chief John Burns, Youth Director Dawn Kinney, and Planning Board Chairperson Patricia Powers.
Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held January 17, 2007 as received. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Councilman Casilio, seconded by Councilman Bylewski to approve the minutes of the previous meeting held January 31, 2007. On the question, Councilman Kolber said on page 39, he left before the end of the meeting, but returned in the middle of the Executive Session. Supervisor Hallock said the minutes will be amended to reflect that Councilman Kolber did return.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to name Director of Community Development James Callahan as Affirmative Action Officer for the Town of Clarence.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve creation of the position of Senior Clerk RPT (Competitive). On the question, Supervisor Hallock said this is being done for Civil Service purposes. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Weiss to approve retaining of Kasprzak and Klotzbach Architects, P.C. of Clarence to provide architectural services for design, construction drawings, specifications, bid documents and bidding for the pointing of the Town Park Clubhouse five chimneys and the re-roof and pointing of the chimney for the Gerber Library in accordance with their proposal dated February 7, 2007 in an amount not to exceed $4,300. The Clubhouse work is to be paid from the existing bond and the Gerber Library from the budgeted amount. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant a Special Event request to Eastern Hills Wesleyan Church for two-mile walk on Saturday, April 28, 2007 from 10 am to 1pm. On the question, Supervisor Hallock said her office will notify all proper agencies. Upon roll call Ayes: All; Noes: None. Motion carried.
Supervisor Hallock announced that Agenda Items 16, 17 & 18 have been removed from the agenda at the requests of the applicants.
Supervisor Hallock was pleased to announce receipt of a grant notification from the DEC in the amount of $6,000 for street trees. Parks Crew Chief John Burns has been in contact with the DEC and submitted the request for the trees. The grant was made available to municipalities that suffered significant tree damage in the October snowstorm.
Supervisor Hallock said the Town Board approved a special event for a walk and run for a group called Miles with Missions in November. The even was scheduled to take place at Memorial Park on August 1st. The event has been moved to the Clarence Center Fire Company Grove. The run and walk will take place on Clarence Center Road and the bike path from Strickler to Goodrich. Proceeds will go towards amenities on the bike paths.
As liaison to the Bicentennial Committee, Supervisor Hallock was pleased to announce that the first order went in for 115 Bicentennial banners. They are hoping to have them installed by the Town's 199th Birthday Party on Sunday, March 11, 2007. Banners will continue to be sold and installed. Applications are on the Town website under News.
Supervisor Hallock stated that we received the point summary and certification letter for the Length of Service Award Program from the Clarence Center Volunteer Fire Company. The letter and summary are on file in the Town Clerk's Office. The summary, letter and a letter notifying members of the grievance procedure are posted for 30 days at the fire hall.
Supervisor Hallock congratulated Dawn Kinney from the Clarence Youth Department and the Chamber of Commerce for another successful Winterfest on Sunday. This was the second annual and a smashing success. It is hard to identify how many people were there, but it was estimated between 1,000 and 1,500 people.
Supervisor Hallock said it is the practice of the Town Board to announce any motions that were made at work sessions. At the work session of January 31, 2007:
There was no easy solution and it was a difficult, necessary decision. She urges everyone to read the minutes of the January 31st work session in total. The minutes will be available on the website very soon.
Supervisor Hallock cleared up some of the misinformation she observed:
Supervisor Hallock said the Town Board could not find a realistic solution for the 2007 season and is working on a long term solution. She asked Councilman Bylewski to report on the Capital Improvement Program meeting of last week.
Councilman Bylewski said it has been identified that there has been a parking problem at Sunset Park. It has been mentioned in our draft of the Parks and Recreation Master Plan, as well as, being a problem for other uses in the park besides football. The proposed temporary solution would have to be looked at in April of 2007 before any work could be done. Zoning issues would have to be taken into consideration for the community facilities zoning regarding any additional buffering that would need to be done. The Landscape Committee would become involved also.
Councilman Bylewski announced that the annual Cable TV meeting will be held March 22, 2007 at 7:00 P.M. There will be an update from Time Warner. They are also looking for input from Verizon to see if they will be coming out to Clarence. We were far down on their list for capital improvements.
Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint the following as citizen members to the Public Safety Committee with a term to expire 12/31/07: Pam Anderson, James Kinney and Robert Lenz. On the question, Councilman Casilio said there were a lot of citizens who would like to serve on this committee. Councilman Bylewski said the first meeting is set for March 20th at 7:00 P.M. There will also be a lot of working groups coming out of this committee offering more opportunities. Upon roll call Ayes: All; Noes: None. Motion carried.
Councilman Bylewski received the Central Fire Alarm January 2007 Operations Report. Town of Clarence fire companies responded to the following: 4 Fires; 1 Motor Vehicle Fire; 5 Miscellaneous Fires; 93 EMS Calls; 12 Motor Vehicle Accidents; and 35 Miscellaneous Calls for a total of 150 alarms.
Councilman Bylewski said we have a Right-to-Farm Local Law in the Town, and one of the gentlemen who spearheaded that legislation was Hans Mobius who is also a member of the Erie County Farm Bureau. The Erie County Farm Bureau recently received an award for their work on right-to-farm legislation at their annual national convention.
Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Dunkin Donuts Restaurant located at 9430 Main Street. This Unlisted Action involves the construction of a new restaurant in the Commercial Zone. After thorough review of the submitted site plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, including coordinated review with design comments and approval from the New York State Department of Transportation, it is determined that the proposed action is consistent with the adopted comprehensive Master Plan 2015 and local land use regulations and will not have a significant impact on the environment. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Bakowski Self-Storage Facility located within the Lakeside Industrial Business Park on the south side of County Road, west of Goodrich Road. This Unlisted Action involves the development of a self-storage facility in the Industrial Business Park Zone. After thorough review of the submitted site plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, including coordinated review among involved agencies, it is determined that the proposed action is consistent with the adopted comprehensive Master Plan 2015 and local land use regulations and will not have a significant impact on the environment. Upon roll call Ayes: All; Noes: None. Motion carried.
Councilman Bylewski received the Single Family Building Report for January 2007. All four permits were issued for homes in subdivisions. By way of comparison, there were 5 in subdivisions and 1 outside in January 2005; and 5 inside and 2 outside in January of 2006.
Councilman Bylewski said the League of Women Voters has updated "At Taxpayers Expense How Government Policies Encourage Sprawl in Erie and Niagara Counties". The interesting facts that they point out include that Erie and Niagara Counties could save as much as $800 million in capital costs for water and sewer lines over the next 20+ years by developing mainly in areas with existing infrastructure. The taxpayers in local communities are footing much of the bill for extending public services to new areas. While developers pay the cost of installing new lines, the cost of ongoing maintenance, repair, treatment, etc. ultimately is on municipalities. The Erie and Niagara region with a declining population is requiring fewer people to bear the cost of a larger area of government service.
Councilman Bylewski said we received the final design report for the proposed roundabout at Shimerville and Greiner Roads. He has concerns with the report and will be sending a letter and hopefully a resolution to Erie County. The issues include receipt of accident reports for 2005 and 2006; and there were supposed to be further public meetings that were never held.
Councilman Bylewski thanked Dawn Kinney and Michele Orvis of the Youth Department and the Chamber of Commerce for another outstanding Winterfest event.
Councilman Weiss thanked his colleagues for describing the misinformation on the parking at Sunset Park. He added that before January 1st we only received one complaint about football and that was about dust being on the road.
Motion by Councilman Weiss, seconded by Supervisor Hallock to grant approval for the transfer of $1,600 from A 7110.450 Maintenance of Buildings and Grounds to A 7110.438 Utilities. On the question, Councilman Weiss said this is a final transfer of funds for 2006. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Kolber to grant permission for the Clarence Center Community Association Annual Picnic to be held at Town Place Park on Goodrich Road on Saturday, July 28, 2007 from Noon to 4:00 P.M. and permission for attendees to bring their canine pets. On the question, Councilman Weiss said the association has come up with the idea to bring your dog. They will have fencing and clean up. Supervisor Hallock added that the event is called "Bark in the Park". Upon roll call Ayes: All; Noes: None. Motion carried.
Councilman Weiss said we received a letter from August Hein thanking whomever was driving snowplow H27 for taking an extra 30 seconds to clear a troublesome area near his driveway of snow. It was sincerely appreciated.
Councilman Weiss announced that the fishing derby will be held on March 31, 2007 for children 12 and under. We have a group, Destination Imagination to sell hot dogs and drinks to help raise funds for a school trip. They were the first one to contact John Burns. Youth Director Dawn Kinney has students from her volunteer program ready to help bait the hooks and take fish off. There will be trophies for the biggest fish, the smallest fish and the most fish caught.
Councilman Weiss announced that the Day in the Park committee is meeting tomorrow at 5:00 P.M. at the Town Hall to prepare for the event this summer. All fundraising groups are invited to participate and earn money for their efforts.
Councilman Weiss said the deer abatement program has not been very successful this year because the permits were issued so late. They have been talking with consultants from the State to possibly change the program a little bit this year.
Councilman Weiss also thanked the Youth Department and the Chamber of Commerce for Winterfest. It was a great event again this year. He also thanked the restaurants and security and anyone who helped make it a great day.
Motion by Councilman Kolber, seconded by Councilman Casilio to grant permission for Assessor David Folger to attend an assessment class on Developing Tax Breaks to be held March 9, 2007 at the Holiday Inn Airport at a cost of $95 and use of a Town vehicle. This class provides him with 6 credits towards yearly certification requirements. Upon roll call Ayes: All; Noes: None. Motion carried.
Councilman Kolber announced that Roseanne Butler-Smith, Library Director is resigning effective March 1, 2007. She has done a wonderful job for our library and for our Town.
Councilman Kolber said he was misquoted in the Clarence Bee today in that he was strongly opposed to any additional parking at Sunset Park in the past. He believes that Sunset Park could benefit from additional parking done in a smart fashion.
Motion by Councilman Casilio, seconded by Councilman Bylewski to authorize the Supervisor to sign the ESI Employee Service Agreement renewal for the period of February 1, 2007 thru January 31, 2008. The agreement has been reviewed and approved by the Town Attorney. On the question, Councilman Bylewski said this is the employee assistance program, EAP that we offer. Upon roll call Ayes: All; Noes: None. Motion carried.
Councilman Casilio said he will hold off on the false alarm report until the next meeting. We are reviewing the rate schedule being charged for false alarms.
Councilman Casilio said he worked with Winterfest Committee of the Clarence Chamber of Commerce. It was a nice event even though it was quite cold that day. It was another successful event that we can be proud of.
Councilman Casilio announced that William Dickman has resigned from the Senior Center Board of Directors. There are now three openings on that board. Applications are available on the Town website.
Councilman Casilio reported that we are in labor negotiations with the white collar and blue collar units. They are moving along nicely.
Councilman Casilio announced that Supervisor Hallock will be giving the "State of the Town" address at the Chamber meeting tomorrow night at the Red Mill.
Councilman Casilio said he has been working on a video surveillance system for the bike path system. It is meant to be a deterrent for anyone wishing to do bad things on our bike path. He has been working with four different vendors. It will be turned over to the newly formed security advisory committee for a recommendation.
Councilman Casilio said he is also working with a group from Harris Hill called the Morlando Committee to pick new light fixtures.
Councilman Casilio said this Town Board is aware of the ongoing conditions in Sunset Park. He thinks they were not treated fairly in the news and the handouts. He congratulated the football league in being successful and growing. We also understand that we have a responsibility to the people who live around the park. Moving forward with the temporary parking lot is first, for safety. We have people walking across Wehrle Drive. The parking situation was worse this fall due to the weather conditions. The Town Board moved forward to try and relieve the parking on Sunset Drive or across Wehrle Drive. We will also be working diligently with the football league to try to limit the effects of the sound system.
Supervisor Hallock reminded everyone taxes are due tomorrow, the last day to pay without any penalty.
Dawn Kinney, Youth Director and Michele Orvis, Program Coordinator reported on the Youth and Family Needs Survey Results. The full report is about 61 pages and is available on the Town website.
Councilman Weiss said he spoke with Peter Wolfe and they came up with the idea of a regatta since we have a creek running through Town. If anyone is interested, they should give him a call.
Victor Martucci, President of Clarence Baseball Association and coach of the JV championship football team said he is the author the email referenced by Councilman Kolber. All of the members of the Town Board also received the email. Councilman Kolber asked to meet with him regarding his proposed compromise to deal with the Sunset Park issue. Mr. Martucci said he would take his outline to the members of the Board of the Football League, which he did. The only person he ever heard the reference of 140 parking spaces was from Councilman Kolber at their meeting on Saturday morning. He had not attended the work session as did Councilman Kolber and only assumed that it was the right number.
Councilman Kolber said they had a very good meeting and he has come up with a proposal that he is willing to share with anyone who is interested.
Thomas O'Hare said he is concerned about the idea of temporary and he is surprised that there has been only one complaint. A sleeping dinosaur has been awakened in the Harris Hill area. Many people are extremely angry that the Town Board would do this without a public hearing and do it in secret. He suggests that there be no temporary parking and the football be moved to another location. He feels the citizens of the Harris Hill area are the victims. The Town Board has not provided adequate oversight.
Town Attorney Steven Bengart reminded everyone that this is not a debate. It is the opportunity for the public to speak on the items for three minutes.
Mr. O'Hare said he is writing a letter that will be sent to the Clarence Bee, the Buffalo News and the NYS Attorney General to look into these allegations of impropriety.
Michael Bonk said the one complaint that was received was from him about the streets. They are very happy for the success of the program, but they have to be moved out of this park. This is overuse. The path back to the tennis courts is now being used as a two-way road. The little parking lot has about 8 spaces. All it costs for a football field is four highway cones and some chalk. Someone is going to get hurt.
Someswar Kasibhatla said he is concerned about the safety of his two young children who walk to the park without any sidewalks. The purpose of the parking lot is safety, but they do not want to have to worry about their children walking to the park next door. They do not want to see one problem created to solve another.
David Meli said if parking is a problem, why did the Board allow a second field to be built. Now they have more cars than ever. It will destroy an excellent suburban community.
Jim Tuohy said he is pro-youth sports and was involved in the Baseball Association. He is impressed to see the representation of the football league and congratulates them on their success and growth. They have clearly outgrown that little facility. He does not see where these parking spaces can be squeezed in on only 14 acres. He would like to know if it will meet Town ordinances and where is the access. He guarantees there will be many more complaints unless things change dramatically. He also asked if there was an environmental impact statement done on the development that has taken place so far. He thinks Chapter 143-1 of the Town Code has been repeatedly violated in many respects. They feel they deserve better.
Amanda Wojciechowski said she understands that is a small issue according to the State Environmental Quality Review Act, but she suggests that a traffic study be done. She took a strong note this morning that at her address on Circle Court today, her street was not plowed until she called. The Highway Department does a great job 99% of the time, but it was 1:30 P.M. The students had to walk to school through the snow.
Lynn Kawa said her main concern is the safety of children. She understands the football league's issue for safety also. She no longer feels safe with the increased amount of traffic to accommodate football. It is not fair to put their neighborhood in jeopardy.
Herb Guenther said in regard to zoning standards, in general, building structures within a community facility should match the character of the surrounding land uses. He applauds the football leagues growth, but this is a community facility and should operate for everyone. He does not know what the parking lot will displace. He is worried that this is a stretch by the Town to say this is within the zoning of community facility putting 100+ parking spaces. He is afraid we will lose that green space forever. If the Town Board is serious about temporary, they should make a motion that states it is temporary and will be removed in one year; and put in the budget the money to do just that.
Shannon Niesyty said she lives across the street from the park. The lighting is so ridiculous that they play shadow puppets on the kitchen wall. Half the time they are left on until midnight when no one is there. She asked that the Town Board consider the issues. The organization has outgrown the park.
Joe Rankin said he lives directly behind the park and believes that security should be increased. They should be on site if there are games in progress. There were teams from other towns playing on our field. He does not feel that should be allowed if our children are not involved.
Mary Voltz said it bothers her that things are changed in their little park and they are not notified. She found out from an email from Marty Powers that things could be drastically changed now. Football is way too big for this little park. There are other places for this. She resents not being informed about what is going on by the Town Board so that they could have a voice.
Beth Hess said she went to the Town Clerk's office to book dates in Sunset Park for the Harris Hill Mothers Club and for cub scouts. She was unable to book anything Monday through Friday during August because of football. Saturdays were also booked for games. As a resident of Circle Court she is also concerned about the increased number of cars using the entrance off of Sunset Drive if parking is added. She asks that they divide the activity so that is not so crowded and not add parking behind people's houses on Sunset Drive. She would hate to see anyone injured.
Mrs. Kasibhatla said nothing is temporary. Another suggestion is that parents could rotate attending the games. The park is too small to accommodate the league. We should change the lifestyle.
Al Hopkins said they need some assurance that normal procedures are followed here. He would hope it would go before the TEQR Committee. This area has terrible drainage. A parking lot of this size would require a detention pond. Proper review procedures should be followed.
A Public Hearing was held to consider adoption of the proposed amendments to Master Plan 2015. James Callahan said the changes reflect the general amendments to facilitate the potential adoption of an Adequate Public Facilities Law. They are broad in nature. In addition to those changes, we have the proposed Parks and Recreation Master Plan, which we had intended to incorporate by addendum. The Planning Board has recommended amending the Harris Hill Traditional Neighborhood District to clarify the architectural styles and scaling allowed along the Main Street corridor. All of these proposed amendments have been reviewed and recommended by the Planning Board and have received a Negative Declaration under SEQR.
Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
A Public Hearing was held to consider a local law amending Chapter 229 Zoning of the Code of the Town of Clarence. James Callahan said we have recommendations for amendments to the Zoning Law adopted March 2005 from the Planning Board. A few minor glitches have been identified. These amendments will clarify some of the wording and straighten some things out after two years of enforcement. Mr. Callahan said he would consider them minor. The amendments include definitions of wetland buffer areas, wetlands and mature woodlands. The approved metal paneling has come up several times.
Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
A Public Hearing was held to consider the request for a Temporary Conditional Permit for automotive service and sales operation at 10939 Main Street.
A Public Hearing was held to consider the request for a Special Exception Use Permit for a drive-thru facility at 5445 Transit Road.
A Public Hearing was held to consider the request for a shift resolution for Metal Mart International, Inc. regarding relocation to the Tonawanda Empire Zone.
Supervisor Hallock stated that Items 16, 17 and 18 have been removed from the agenda at the request of the applicants.
Dr. Altman requests Preliminary Concept Review for construction of a new medical office building at 8421 Sheridan Drive.
Waterford Village Bank requests Amended Development Plan Approval for new banking facility at 8411 Main Street. James Callahan said the location is the south side of Main Street, west of Harris Hill Road in the Harris Hill Traditional Neighborhood District. The applicant previously has received Development Plan and Architectural Approvals. The applicant is seeking modification to the site plan and architectural amendments to change the faηade and roof line designs.
Joseph Piparo requests a Public Hearing to consider a Special Exception Use Permit for automotive sales at 6585 Transit Road. James Callahan said the location is the east side of Transit Road, north of Miles Road in the Major Arterial Zone.
Uncle Bob's Self-Storage requests Concept Approval for construction of a new storage building at 8175 Main Street. James Callahan said the location is an existing facility on approximately 4.2 acres in the Commercial Zone. The applicant would like to acquire and demolish existing residential structures to make room for additional storage buildings.
Love Your Dog requests a Change-In-Use to expand an existing dog grooming facility to include boarding at 6989 Transit Road. James Callahan said the location is the east side of Transit Road, north of Stahley Road in the Old Country Barn.
Lenco Lumber requests a Public Hearing to consider a building material supply operation within the existing structure at 8075 Sheridan Drive. James Callahan said the location is the south side of Sheridan Drive on the access road to Eastern Hills Mall. It is an existing vacant space in the Major Arterial Zone. The applicant is proposing to occupy half of the former furniture store building.
Mike Arno requests Minor Subdivision Approval to create two additional building lots at 5850 Kraus Road. James Callahan said the location is the west side of Kraus Road, south of Clarence Center Road consisting of approximately 11.3 acres in the Agricultural Rural Residential Zone. This request is in compliance with all zoning regulations. It will require an action under SEQR.
Dunkin Donuts requests a Public Hearing to consider a Special Exception Use Permit for a drive-thru facility at 9430 Main Street. James Callahan said the location is the north side of Main Street, west of Goodrich Road. The Planning Board has forwarded a recommendation on the Concept Plan.
Marty Powers spoke regarding Sunset Park. The residents of Harris Hill adjacent to Sunset Park have been neighbors with Little League Football for nearly 40 years. The league has grown exponentially and now dominates the park. Each expansion of the league's use has reduced their ability to make use of the park.
Councilman Bylewski said it is his understanding that Sunset Park is zoned community facility and there are different zoning requirements versus other commercial type ventures, such as buffering. The proposed solution that is being looked at is a Type II Action under SEQR.
Clarence Little League Football re: parking at Sunset Park. Robert Blackmore said he has lived in Clarence for over 50 years and watched it grow. Sunset Park has developed into a sports arena because that is how football started in 1962. We did not have as many problems until the Town started growing and more children got involved. The traffic at Wehrle and Harris Hill is very busy and could be a dangerous situation. They buy the most expensive safety equipment for the kids to play the game, and we must extend that safety out to the streets where they come in to play.
Paul LoVullo, V.P. of Football Association thanked the Town Board for the vote for additional parking. It is a proactive approach to address a safety issue. He also thanked them for walking through the park and listening to their problems. There is a short term issue for additional parking. The long term issue is to look at moving to another facility. It does take three years to put in a football field. If they were to play on the softball fields, they would rip them up. If they were to split the league up to play at different locations, it would double their expenses. People were complaining about teams coming in from other places. This is not a house league. They travel all around the area.
Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications A. Girl Scout Troop 1005 3rd Monday each month 2007; B. Clarence Conservative Party Feb. 22, 2007; C. Clarence Baseball Association March 26 & April 25, 2007; Legion Hall Applications A. Tina Battaglia March 4, 2007; B. Sriti Hossain March 17, 2007; C. Edna Bugenhagen March 25, 2007; D. Donna Albrecht March 30, 2007; and Patricia Raquet March 31, 2007. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of January 25, 2007 are approved for payment: General Fund - $117,581.51; Highway Fund - $52,096.49; Community Development Fund - $300.00; Water District - $1,469.10; Drainage District - $206,529.93; Lighting District - $1,092.37; Sewer Districts - $454.59; Capital Fund - $23,031.87; and Trust and Agency 203 - $2,089.98 for a total amount of $404,645.84. Upon roll call Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of February 8, 2007 are approved for payment: General Fund - $105,841.21; Highway Fund - $45,587.92; Water District - $33,915.86; Sewer Districts - $7,735.00; Capital Fund - $350.00; Trust and Agency 202 - $101,069.89 and Trust and Agency 203 - $11,262.87 for a total amount of $305,762.75. Upon roll call Ayes: All; Noes: None. Motion carried.
"For the Good of the Town"
David Hess thanked everyone for their time and effort put into the issue. He has tried to bite his tongue tonight, but he is the superintendent of buildings and grounds for Cleveland Hill School District and they do not have lights on their football field. The field is maintained by one man with regular grass seed.
Lynn Kawa agreed with the comment on how well behaved the young men were here tonight in support of their organization. She said if her 3 and 5 year olds did not have to be in bed three hours ago, they would also be here and be well behaved in support of not having their neighborhood destroyed by this plan. She has inquired when the parks would have new toddler equipment and was told it was being phased in. She feels all of the money is being spent on this one organization.
Tom O'Hare said there has been a lot of dialogue this evening regarding football, but one significant point is that the Town has offered alternate sites to the football league and they have refused to move. There is clearly an unsafe situation. Do not contribute to it by adding another field and more cars. If there is a serious injury, it will be the Town's fault.
David Meli said he is not against the football league. The solution that has been presented increases the possibility of harm to the football children and the children of their neighborhood. There is already not enough room and cannot work. The shuttle is a good idea. The temporary parking lot is a crock.
Billy Bergmann said he has played on the Bull Dogs his entire life and he lives in the neighborhood. They talk about problems with the lighting, but he has never had a problem. In regard to the sound, he does not have a problem, but sees that it might be if you lived closer. He does not think anyone understands how good the Bull Dogs are and he wants them to be around for a long time.
Ryan Connolly thanked the Town Board for being here and listening to everyone's opinions. He hopes that there can be a resolution on behalf of both sides.
Amanda Wolciechowski thanked the Town Board for listening tonight and hopes they find a resolution that suits both the football league and the residents. She thanked the football league to make an attempt to turn the sound down.
Joe Rankin said if someone gets hurt at that park, he will be here looking at each and every one of the Town Board. They will have to answer to him. He is also going to be here every other week because he knows they are here on Wednesdays. He appreciates what they are doing and he would like to get involved in the process.
David Byron said he was a football coach and has been involved in sports his whole life. He has never seen what he has seen here tonight. The credibility of the Board has to be dealt with. They could not answer the question, yet we have watched this neighborhood park turn into a sports facility. The Board does not recall voting to approve lighting or anything. Now there are commercial signs.
Beth Hess said she would like to be on the committee to work on a resolution. She hopes it would not be at 2:00 in the afternoon when people are working or getting their children off the bus.
There being no further business, Supervisor Hallock adjourned the meeting at 11:32 P.M. in memory of two Clarence ladies who recently passed away, Annette Kraft and Betty Smolka, a veteran of World War II and an active member of many committees including the Bicentennial Committee.
Nancy C. Metzger