02/25/04


A Work Session of the Clarence Town Board was held February 25, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 6:03 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Senior Building Inspector David Metzger, Parks Crew Chief John Burns and General Crew Chief James Burkard.

Motion by Supervisor Kathleen Hallock, second by Councilman Kolber to enter into Executive Session pursuant to §105 (1)D of the Opening Meetings law to discuss pending litigation. Upon roll call - Ayes: All; Noes: None. Motion carried. Councilman Bylewski did not stay for the Executive Session.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 6:50 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried.

Director of Community Development James Callahan
Review of formal agenda items

In lighten 9545 Main Street
Applicant asked to be removed from the agenda.

Arup Sen 9141 Main Street
Applicant requests a Special Exception Use Permit for conversion of existing office building to residential apartments. A Public Hearing was held January 21, 2004 and the action was tabled. The applicant did not know he was to be present at the public hearing, no comments were forwarded on the request. Adequate parking exists on the property to allow the conversion. The Landscape Committee should review.

Hayes Fish Company 8900 Main Street
Applicant is seeking to renovate the existing vacant building to facilitate a take-out fish store with some interior seating capacity. The proposed site is located on the northwest corner of the intersection between Main Street and Shimerville Road. The site has sufficient parking to accommodate the use. Referral to the Landscape Committee to ensure compliance with the Landscape Law is recommended.

Robert Sanderson III 7437 Transit Road
Applicant is seeking to construct a new retail home furnishings store on existing residential property containing an old farm house and barns. The proposed site is located on 10+/- acres with 207 feet of road frontage in the flood zone. Future plans call for demolishing the existing home and constructing a new home. Referral to the Planning Board to workout details is in order.

Spaulding Greens Development – Domenic Piestrak
Applicant is seeking to rezone the property to Planned Unit Residential Development to accommodate a neo-traditional development including 309+/- apartment units, 112+/- town homes, 549+/- single family homes, 70,000 square feet of commercial space and 104,000 square feet of office space. The proposed site is located east of Goodrich Road and north of Greiner Road. The property consists of 410+/- acres, zoned agricultural. Issues include compliance with SEQRA and compliance with Master Plan 2015.

United Rentals 4811 Transit Road
Applicant requests a Public Hearing to consider a Temporary Conditional Permit for operation of a portable concrete mixing/sales system.

Supervisor Kathleen Hallock
Supervisor Hallock will require a motion for approval for her to the sign contract with Employee Services Inc. for Employee Assistance Program. This is subject to approval by the Town Attorney.

Supervisor Hallock will make a motion to establish capitalization policy for GASB #34 (Governmental Accounting Standard Board) purposes. This is a recommendation from the auditor.

Supervisor Hallock will make a motion to establish Capital Improvement Program Committee. The motion states one Town Board member other than the Supervisor. Councilman McPherson stated that he is interested in being on the committee.

Supervisor Hallock will make a motion to appoint four applicants to the Bi-Centennial Committee; all applications were reviewed by the Town Board. Supervisor Hallock has also received four more applications that everyone received copies of.

Chet Franasiak from Eastern Hills Mall e-mailed Supervisor Hallock to announce that they are going to have the rededication of the Food Court at the mall around the end of March. The invitation is extended to all Town Board members.

Bob Rogers from Amtek will be at the department head meeting scheduled for Friday, February 28, 2004.

Supervisor Hallock announced that she will be meeting with Niagara Insurance Group on Friday.

Supervisor Hallock has two items to discuss in Executive Session.


Councilman Ian McPherson
Councilman McPherson will make a motion to adopt a Resolution authorizing the Supervisor to sign an agreement between Employee Services Inc. and the Town of Clarence for the Employee Assistance Program. This is subject to Town Attorney review and approval.

Councilman McPherson will set a Public Hearing to consider the purchase of real property located at 10000 Clarence Center Road for recreation purposes from the Clarence Central School District.

American Legion Post 838 is requesting permission to parade on Main Street on May 31, 2004, Memorial Day.

Councilman McPherson received a report from NYSEG regarding power outage interruptions.

Councilman McPherson has a Resolution authorizing the Supervisor to sign a sanitary sewer easement between National Fuel Gas and Heise Brookhaven Sewage Works Corporation regarding the Heise-Brookhaven sewer line installation. National Fuel would like the Town of Clarence on the easement as well.

Councilman McPherson will comment on the NYS Department of Transportation meeting he had with the Clarence Hollow Association.

Councilman McPherson has two items to discuss in Executive Session.

Town Attorney Bengart sent a letter to DEC regarding soil contamination. Councilman McPherson inquired as to whether or not a response was received back. Town Attorney Bengart has not received an answer and will send a follow up letter.

Councilman Scott Bylewski
Councilman Bylewski has two corrections and one clarification to the minutes.

Councilman Bylewski contacted Mike Schreiber from Harris Hill VFC regarding CPR and AED training at the Senior Center. Mr. Schreiber stated that he was never contacted by the Senior Center and they have not done training there in several years.

Today was the deadline for qualifications to be submitted regarding the Public Facilities Ordinance. Two proposals were submitted and copies were distributed to each town board member. The proposals will be discussed at the March 10th meeting. Councilman McPherson suggested contacting the Local Technical Series Department at the state; they specialize in multiple options for land use.

Town Attorney Steve Bengart received correspondence from Computel which was the service reviewing our cable franchise fees and providing an audit upon that. If there was any discrepancy in our favor, Computel would only get paid in that case on a contingency basis. According to Computel’s letter, their audit resulted in no identified discrepancies and therefore, have concluded their audit.

A joint Town Board/Planning Board meeting has been tentatively scheduled for March 31, 2004. In speaking with the Planning Board, they did not have any pressing items that warranted a joint meeting at this time. Supervisor Hallock suggested a meeting with Domenic Piestrak to discuss Spaulding Greens Development. Mr. Piestrak has asked the board what they would like to see in this development and he has expressed an interest in meeting with neighbors in the surrounding areas. Councilman Bylewski stated that if Mr. Piestrak project was to go forward, the idea behind the pro-active Planning Board approach was that he would first come in front of the Town Board, if the Town Board so desired he would then be referred to the Planning Board and then have a public meeting.

Town Engineer Latona stated that Domenic Piestrak has limitations on the number of taps; Mr. Piestrak has purchased up to 350 taps from Mr. Cimato. Director of Community Development James Callahan stated that the Environmental Review says that there potentially could be 500 taps east of Goodrich. If that has occurred, that is an amendment to the SEQRA document. Town Engineer Latona stated that Mr. Piestrak only purchased 350 taps, he could go up to 500 taps but he has to go through the entire SEQRA process.

Councilman Bylewski has several comments regarding the Master Plan annual meeting.

On November 19, 2003 Transit Valley Gardens appeared before the Town Board and was given an approval. Shaun Hopkins has pointed out that there is a discrepancy in the minutes based upon what appears to have been stated and what appears in the minutes. There may have been a problem with the motion but the intent was for the patios to extend (with a maximum of 15’ of depth) from the rear foundation walls of the units. The motion itself had 15 square foot patios built at grade. Councilman Bylewski was not in favor of the project and still is not in favor of the project, he will make a motion clarifying what the motion should read.

Supervisor Hallock stated that last year at budget time, Parks Crew Chief John Burns made a recommendation that we start a review process for charging for park pavilion use. Town Clerk Nancy Metzger also feels it is time to start charging for the pavilions and also consider guidelines and /or policies on bookings. Supervisor Hallock asked Councilman Kolber to work with Parks Crew Chief John Burns and Town Clerk Nancy Metzger on this review.

Councilman Joseph Weiss
Councilman Weiss will announce the hiring of two new employees in the Highway Department.

Highway Superintendent Ron Witnauer is requesting a transfer of funds for the radio tower.

Councilman Weiss attended the school board meeting on Monday night. There is a problem at Harris Hill School regarding a temporary parking lot. Councilman Weiss and Town Engineer Latona will meet with Mr. Mancusso at the school on Friday.

Councilman Weiss stated that the impact of development on our schools has been discussed and there seems to be a preliminary number. They do not expect much of an increase in the Elementary Schools or the Middle School over the next couple of years. The impact will be at the High School. There is a joint meeting between the Clarence School Board and the Town Board scheduled for March 26, the numbers will be finalized. Councilman Kolber suggested writing to the School Board with a list of the Town Board’s questions and concerns before the scheduled joint meeting.

Town Engineer Latona commented on the picture in the Clarence Bee regarding town highway department plow drivers. Highway Superintendent Witnauer will contact the resident who submitted the picture to the Bee.

Councilman Bernard Kolber
Parks Crew Chief John Burns is recommending the purchase of two 2004 4-wheel drive pickup trucks from State Contract at a cost of $16,435 each. The money is available in his budget.

Clarence Baseball President Joe Miano contacted Councilman Kolber requesting permission to place a concession trailer in Meadow Lakes Park for ninety days. They would sell pop and snacks. The Town Board requested more information including size of the trailer, placement, hours of operation, and who will staff it.

In reviewing the town’s invoices, Councilman Kolber noticed several invoices that provide a discount for prompt payment. He is suggesting the accounting office put a request out to all venders to see if they offer a discount for prompt payment.

Town Attorney Steven Bengart
Supervisor Hallock received a letter from the library indicating that a group that is using the meeting room at the library is requesting the ability to serve wine at their meeting. Library Director Roseanne Butler-Smith contacted Erie County Public Library and they did not have a problem with this. The Town Board was in agreement with this also.

Town Attorney Bengart has the Fox & Company Contract regarding Capital Improvements straightened out, the final draft is being sent out for signatures.

Town Attorney Bengart is still working on the Troy Banks agreement regarding the energy audit.

Steven Murtaugh contacted Town Attorney Bengart about the National Fuel Contract regarding the cost to people in gas light districts.

Town Attorney Bengart stated that we need a procedure in place when the town prosecutor is ill. Mr. Bengart has had to cover for the town prosecutor on two separate occasions and will not be able to fill in this week. The judge feels that the Town Board should hire someone else to take care of this. Some type of process should be put in place such as an assistant or deputy town prosecutor. Town Attorney Bengart will check other towns to see what their procedures are.

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

There being no further business, the Work Session adjourned at 7:30 P.M.


Darcy A. Snyder
Deputy Town Clerk

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.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, February 25, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:50 P.M. Pledge to the flag was led by Councilman Joseph Weiss, followed by a prayer given by Robert McLean of Community of Christ Church.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Asst. Director of Community Development James Hartz, Assessor David Folger, Parks Crew Chief John Burns, Building Inspector David Metzger and Planning Board Chairman Patricia Powers.

Motion by Councilman Kolber, seconded by Supervisor Hallock to approve the minutes of the previous meeting held February 11, 2004. On the question, Councilman Bylewski had two corrections and one clarification: page 46, 2nd paragraph - “…there is no such default provision…”; page 50 – “Councilman Bylewski suggested he mention that to the liaisons…”; and for clarification, Councilman Bylewski said at the last meeting under “For the Good of the Town”, he stated that the minority population in the Town of Clarence is less than 1%. That is actually the African-American populous of the Town of Clarence is less than 1%. The minority population of the Town of Clarence according to the 2000 Census is approximately 3%. Councilman McPherson had the following corrections: page 42, 2nd last paragraph – “Councilman McPherson announced that the Town and the Clarence School District have reached an agreement in principal, on the Town’s purchase of the Soccer Center property owned by the school district. We will announce the purchase procedure at the next meeting on February 25, 2004.”; and page 46, 1st paragraph – “The sole purpose of the Master Sewer Plan is to provide relief to polluted areas.” Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution to Undertake the Planning and Execution of a Capital Improvement Program (CIP) as follows:
WHEREAS, Section 99-g of the New York State General Municipal Law authorizes the governing body to undertake the planning and execution of a Six-Year Capital Improvement Program (CIP); and
WHEREAS, this Town Board realizes the importance of and significant need for a Capital Improvement Program to assure continued fiscal and tax stability;
THEREFORE BE IT RESOLVED, the Town Board appoints the following positions to a committee to serve as a resource committee in the preparation of a Capital Improvement Program. Such committee shall work with independent outside consultant in providing information and assistance, as may be needed by them, in completing such program. Such Capital Improvement Program shall be presented to the Town Board no later than June 30, 2004. The positions are: Town Supervisor, Town Board Member, Town Engineer, Director of Community Development and Financial Advisor.
Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
WHEREAS, the Governmental Accounting Standard Board has issued new financial requirements under its statement GASB No. 34 and;
WHEREAS, the Town of Clarence must adopt certain provisions of the statement in the fiscal year ended December 31, 2003;
NOW THEREFORE BE IT RESOLVED, THE town hereby designates each of its funds as “major” funds in accordance with the provisions of GASB No. 34, to provide a framework for more detailed reporting of the Town’s operations.
AND, the Town hereby designates $30,000 as a minimum capital expenditure, which would be recorded as a fixed asset for the purpose of GASB No. 34;
AND, the Town hereby adopts the following useful lives for depreciation purposes under GASB No. 34: Buildings and Improvements – 75 years, Infrastructure – 75 years, Equipment – 10 years, Office Fixtures and Equipment – 10 years and Vehicles – 5 years;
AND, the Town hereby adopts the straight-line method of depreciating its assets for the purpose of GASB No. 34.
Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to appoint the following people to the Bi-Centennial Committee: Martin Root, 6039 Goodrich Road, David Hormell, 4640 Sawmill Road and Patricia and David Brace, 10897 Main Street. On the question, Supervisor Hallock said when the committee was established we said we wanted someone to represent the Historical Society and David Hormell fills that stipulation. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that there will be a meeting March 1, 2004 in the Town Hall auditorium regarding Industrial Development Agency to explain the 0 to 10 Loan Program and other economic development programs. The meeting starts at 7:00 P.M. and the invitation is extended to everyone.

Supervisor Hallock announced that we received another grant from County Legislator Mike Ranzenhofer for new refrigeration units at the Legion Hall.

Supervisor Hallock said that last year at budget time, the Parks Crew Chief made a recommendation that we start a review process for charging for park pavilion use. The Town Clerk has also mentioned that it is appropriate to at least look at charging for pavilions. She has asked Councilman Kolber to work with the Parks Crew Chief and the Town Clerk on this issue. At the same time, they will consider guidelines and policies on bookings. Any changes would be subject to a public hearing.

Motion by Councilman McPherson, seconded by Councilman Kolber to authorize the Supervisor to sign an agreement between Employee Services Inc. and the Town of Clarence reflecting comprehensive Employee Assistance Program (EAP) coverage subject to review and approval by the Town Attorney. On the question, Councilman McPherson said this is for the recently enacted Employee Assistance Program, which allows confidential counseling for Town employees as needed. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said for a couple of years now we have been working with the Clarence School Board in an effort to purchase the land where the soccer center now is situated. The reason why the Town needs to own that is that we can’t make improvements on lands that we don’t own. There are improvements that are needed for the expanding program at the soccer center.
Motion by Councilman McPherson, seconded by Councilman Kolber to set a Public Hearing March 24, 2004 at 7:50 P.M. to consider the purchase of real property located at 10000 Clarence Center Road for recreation purposes from the Clarence Central School District for an amount not to exceed $275,000. On the question, Councilman McPherson outlined the procedure. It is not required by law to hold a public hearing to acquire real property by purchase. However, he believes it is essential to inform the public and allow them to speak. The purchase price is slightly above the assessed valuation but far below appraisals we have received on the property. The Town Board votes on adoption of the resolution after the public hearing. This will be subject to legal requirements that the School District must satisfy to sell school District property. They are required to pass a resolution subject to a permissive referendum. There is a 30-day waiting period to allow the residents to take action. Then there are a couple of other minor things. Monies for the purchase will come out of our Recreation and Open Space Fees collected in lieu of land so there is no permissive referendum requirement for the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski to grant permission to American Legion Post #838 to hold their Annual Memorial Day Parade on May 31, 2004 scheduled to start from the Clarence Senior High School at 11:00 a.m. proceeding easterly along Main Street to the Clarence Town Park, 10405 Main St. This year, as in the past, an all out effort will be made to make this day in our national history an outstanding community and memorial event. On the question, Supervisor Hallock said there is a memorial service in the park after the parade. Also, an event is sponsored by the Clarence Hollow Association, which makes for a very nice day. Councilman McPherson added they have a Chivetta’s chicken spread and it is a great afternoon. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said we have had a request and he has made a request of NYSEG to conduct a study of the power outages and interruptions that have been suffered in the Pine Breeze area. They conducted an analysis of the interruptions for the last two years and ironically 90% of the issues that took place are beyond the control of NYSEG. Some of them were: an insulator was shot in the woods by a gun, lightning burned down wire on Strickler, a car hit a pole on Strickler, etc. The two items that were NYSEG equipment failure were the switch on Strickler was stuck open and was arching in heavy rain and a fuse holder burned up on Keller Road. They also have taken a lot of steps to correct potential deficiencies to reduce future outages. We are going to try to do this in various areas of Town so that we can monitor the maintenance they are performing on the system.
Councilman McPherson announced that NYSEG is also going to conduct a seminar on electricity. How it works, why it is dangerous and how to avoid its hazards. One will be held in Hamburg on April 21st and June 16th and then in Lancaster in September and October. We will give a more timely announcement when the time is right.

Motion by Councilman McPherson, seconded by Councilman Bylewski to authorize the Supervisor to sign a Sanitary Sewer Easement between National Fuel Gas Supply Corporation (Grantor) and the Heise-Brookhaven Sewage Works Corporation and Town of Clarence Sewer District No. 9 (Grantees) regarding the Heise-Brookhaven sewer line installation. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said he attended a meeting along with other members of the Board of the Clarence Hollow Association and the Department of Transportation to monitor the efforts of the streetscape, which is being implemented. We determined that the rendering that everyone is following and the contractual documents have some differences in them that have caused a little bit of confusion and a little bit of misunderstanding as to what is exactly going in there. His recommendation has been that Wendel Duchscherer who has been both the consultant for the sewer project and the streetscape upgrade their rendering to coincide with the contractual documents. Once that is done it will take a lot of misinformation off the table.

Councilman Bylewski said we put out a Request for Qualifications for the creation of the Adequate Public Facilities Law or ordinance. We have received some responses. The committee that is to review the Adequate Public Facilities Ordinance will take a look at them and hopefully we will have a decision to be made on March 10th.

Councilman Bylewski said previously we had sent out to Computel Consultants for Computel to take a look at the Cable TV Franchise Fee that the Town was receiving from Adelphia to see if there were any discrepancies and according to a February 10th letter from a partner, Thomas Caton of Computel Consultants, “this letter serves to confirm the closure of our cable franchise fee audit for the Town. Their review of the financial data provided by Adelphia Communications, in comparison to the franchise agreement requirements, resulted in no identified discrepancies. “

Councilman Bylewski said tentatively there is scheduled for Wednesday, March 31st, a joint meeting between the Town Board and the Planning Board. Right now we are trying to decide if there are any items for discussion at that meeting but he would like to make a notice to the public that it is still a tentative date. Again, Wednesday, March 31st tentatively is slated for a joint meeting between the Town Board and the Planning Board.

Councilman Bylewski said on November 19th at the Town Board meeting discussion and a motion was made regarding Transit Valley Gardens. The motion that was made concerning Transit Valley Gardens was for “Development Plan Approval for a 47-unit patio home project in the existing Planned Unit Residential Development (PURD) at 5831 Transit Road with up to 2,000 sq. ft. footprint plus garage, the road extended through with elimination of cul-de-sac, 15 sq. ft. patio built at grade and all appropriate fees.” The discrepancy is the 15 sq. ft. patio built at grade. This was a contested motion, in particular he and the Supervisor voted against the approval of this project. However, in all fairness, it is his recollection and the recollection of everybody else that he has spoken with, that it should not be 15 sq. ft. patio build at grade, but rather should be a maximum depth of 15 ft. from the rear foundation wall of the unit.
Motion by Councilman Bylewski, seconded by Councilman Weiss to amend the minutes of November 19, 2003 to reflect a maximum depth of 15 ft. from the rear foundation wall of the unit. On the question, Councilman Bylewski asked the Director of Community Development Mr. Callahan if that does then correspond with what his recollection was of the meeting as well as everybody else’s? Mr. Callahan said yes. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss received notice from the Highway Department that they have hired two replacement workers effective March 1, 2004. They are: Jeffery Merckel, 9495 Wehrle Drive, and Dennis Raquet, 7070 Goodrich Road both to start March 15, 2004. These are replacement workers for people who have left and both have Commercial Driver’s Licenses.

Motion by Councilman Weiss, seconded by Supervisor Hallock to transfer $2,000 from account A5010.220 and $2,500 from account A5132.454 to account A5132.220 Two Way Radios to cover the cost of upgrading the Highway radio system. On the question, Councilman Weiss the reason for this is to increase the range on the trucks from the extreme distances in the Town. By putting a repeater on our tower, it allows for maximum use coverage. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he attended a meeting of the School Board. They have a problem with a temporary parking lot, which seems to be in the way of children crossing to the playground from ball fields where the Town property ends and the School property begins. The citizens would like the Town and the School to work this out for the safety of the children. He will meet with Town Engineer Joseph Latona and Rick Mancuso from the School next week to work on this problem.

Motion by Councilman Kolber, seconded by Councilman McPherson that upon recommendation of Parks Crew Chief John Burns, authorization was given for the purchase of two 2004 4-Wheel Drive Pickup Trucks from State Contract at a cost of $16,435 each. Funds are available in the Parks Budget. The purchase will replace a 1993 and a 1994 4-wheel drive truck, which will be available for the vehicle replacement program. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said he has a request from the Clarence Baseball Association for a concession trailer to be placed at Meadowlakes Park. The purpose is to raise funds for the association. The Town Board is looking for additional information relative to a photo of the trailer, hours of operation, staffing and insurance. A letter has been sent out to them requesting the information.

Councilman Kolber said one of the things in reviewing the bills for the Town is that some companies offer a discount for prompt payment. He is requesting that the Finance Department, along with the Town Attorney make a request of our vendors to see if they offer discounts. We should take advantage of that especially since we pay in a timely way. The Town Attorney will look into the legal aspect of sending out that request.

Councilman Kolber said the Erie County Public Library has a report out. Some of the interesting things are that circulation for 2003 was up 4% and cash received is up 171%. The volunteer hours are down by 8%. The next meeting of the Library Board is March 15th at 7:00 p.m.

Councilman Kolber made a request of Supervisor Hallock and Councilman Weiss, as liaison of the School Board, to request some information from the School Board. We are having a joint meeting set with them for the end of April and what we are looking for is information to help drive where we need to go in terms of building out the Town. We need to know their school capacities and what the plans are to deal with that. Many people have told him that the Middle School is jammed. We need to know what plans they have in dealing with the capacities.

Councilman Kolber said we are having a Town residents open forum on March 8th at 7:00 p.m. for the Town Board to listen to the concerns of the people of the Town. The agenda is for the people of the Town.

Town Clerk Nancy Metzger received the Rural/Metro Medical Services Quarterly Report for the period of October - December 2003 in accordance with their contract. The report is on file in the Town Clerk’s Office.

Department Reports
David Folger, Assessor gave an overview of the Annual Reassessment Project for 2004. Cindy Baire, Vice President of GAR Associates was also present. Cindy said the most important reason for doing a reassessment program is to maintain equity and overall fairness to property owners. The overall Town taxable assessed value increased by $110 million. We will continue to provide property owners with assessment data through the Town website. This was very successful as they monitored the number of hits to the site. They are continuing with the education and public awareness programs. A session is scheduled for March 27th at 10:00 a.m. at the Town Hall to go over what is involved in the informal hearing process and how to challenge your assessment. They will tell residents what type of information they need to bring with them to the informal hearing.
Cindy explained some of the highlights of the program. Over 83% of all parcels will see a +/- 10% change in illustrated tax dollars. All property owners will receive information next week that is a snapshot in time that shows the tax rates as they appear. We all know that the budgets and tax rates will change. Over 66% of all parcels will see +/- $300 illustrated tax change. You will see minor shifts with keeping up the annual assessment roll. Over 58% of all parcels will see a reduction in the tax illustration. Only 13% of all parcels will see increases.
Cindy said between new construction and keeping up on changes in the market value, Dave’s office has done an outstanding job on keeping up on all of these changes. A table was shown of the Accumulated Taxable Value Added. There was a big jump in 1998 due to going to full value assessments.
An illustration was shown regarding the changes in tax rates. You see a decrease in the tax rate of this moment in time based on adding $110 million of assessed valuation. The illustration is based at everything frozen in time. They spend a lot of time with property owners explaining that when they get their tax bill, it is going to be different. This is generally what they could expect.
Cindy gave important dates associated with the project. Next week notices will be mailed out with a cover letter explaining where they can go to get information and what important dates they need to know. The informal hearing applications can be obtained on-line, at the library or the Assessor’s Office. The informal hearings will be held March 2 through April 15. The Tentative Roll closes May 24th. Grievance Day is June 1. The Final Roll is filed August 1 and the new assessments are applied to the school taxes in September 2004.
Cindy said also included in the packet handed out are illustrations based on neighborhoods, changes, percentages and commercial properties by type. It is the details of the presentation. Supervisor Hallock asked if every property owner would receive an assessment notice whether they go up or down or stay the same? Cindy said yes they will. Councilman Bylewski asked what vacant rural property is because there is a significant percentage decrease in the tentative assessment? If they did not have the answer at this moment, if he could let him know. Cindy said some of them are based on if there are structures on them or based on the number of acres involved. Also, if it is accessible or buildable. Councilman Bylewski asked in regard to the Town of Clarence commercial impacts by property class in particular to retail, there was an average change in retail. He asked if this had to do with Eastern Hills Mall? David Folger said Eastern Hills Mall has an impact and likewise there were two major apartments that show a big increase. There was also renovation on a number of restaurants.
David Folger said everything is set up in the hallways such as the forms, and the books for people to go through. The office is there for assistance.

A Public Hearing was held for the Annual Master Plan Review. Supervisor Hallock said the public’s comments are welcome. Councilman Bylewski said last year the Planning Department prepared some performance measurement statistics regarding the financial impact. Not all are available, but the relevant ones are as follows: in 2002 when dealing with Commercial, approximately 134,000 additional square footage was added. The average was approximately $30 per square foot. Our baseline for overall Commercial is between $30 to $75 per square foot. We want to have approximately 100,000 sq. ft. of additional Commercial property put forward in the Town every year. In 2002 that was 134,000 additional square feet with an estimated value of $4.08 million.
The approximate of square footage added in 2003 was 146,000 sq. ft. In addition, the average value per square foot was $70.60 per square foot. The total amount of assessed value that was added was $10.3 million.
Councilman Bylewski said the Town issued 224 new single-family building permits in 2003. 70 were outside of approved subdivisions. This represents the most homes built outside of subdivisions in 7 years. There were 223 in 2002. We don’t know the fiscal impact because we are still crunching the numbers. As soon as they are available he will bring them forward.
Councilman Bylewski said that Supervisor Hallock had received an e-mail on September 23rd that was a comment by Lawrence Probst recommending that the Town take a look at the building permit cap with respect to the multi-family units that are put in. He asked that the e-mail be a part of the record.
Councilman Bylewski said he attended a seminar at the Association of Towns meeting regarding homeland security. They recommended that towns consider, as part of their general comprehensive plan, a section regarding homeland security and its impact upon towns and land use planning. He also recommends that the Town consider adding a chapter for homeland security.

James Blum, 5509 Martha’s Vineyard said he understands that this Town Board is only two months into its term and can only be responsible for the opportunities that lie ahead. He appreciates that they support an annual review of the Plan. He commends the Planning and Zoning Department for having the Plan available on both CDRom and on the Internet and the display of proposals on a screen for the audience to view while items are considered. He wants the Board to understand that he has great respect for the Planning and Zoning staff.
He believes that it is up to the Town Board to determine the priorities of the staff and possibly other resources in order to get more done on action items that support the Master Plan. It is 2 ½ years after the adoption and two annual reviews have passed and critical action items are still incomplete. Developments and changes are proceeding without the benefit of the refined Plan 2015 action items.
Mr. Blum suggested the following for consideration: a prioritized action plan that focuses on implementation detailing specific actions or deliverables required and a Town Board member responsible to see that the action is accomplished; comprehensive Zoning Law revisions to include Traditional Neighborhood Zoning Overlay Districts to protect Clarence hamlets, elimination of “B” lots, and update of Landscape Law including a Tree Law; Subdivision Law Revisions; Master Plan for developed Recreation and Parks and neighborhood parks; we have the Green Space Acquisition plan but no sites have been acquired; Transportation upgrades including a plan for roads; shovel ready business and light industrial sites; infrastructure upgrades including fire, police and court.
Mr. Blum feels that we have not made the progress that we need. There are many action items in Master Plan 2015, but none of them are completed. A regular evaluation should be made of where we stand on results. We should be spending as much time on Master Plan items as we spend reviewing development proposals so that the vision and guidance of the Master Plan can effectively direct projects and in turn the build out of the Town. He is depending on this Board to make most of these things happen in his lifetime. He asked that they support the priorities and allocation of resources to assure that we complete the action items to meet the goals of the Master Plan soon, rather than too late.
Councilman Kolber said a lot of what Mr. Blum brought up is in the works. It is critical to get rolling and implement some of these things.
Supervisor Hallock said if the Zoning Law revisions were completed, it would make less work for everyone. It may be advantages to make that the priority over everything else until it is done.
Councilman Weiss said he knows that much of Mr. Blum’s observations have been made into the plan and are being worked on.
With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to send the following items to the Planning Board and Planning Department for further review and comment and to provide any additional information/amendments as required under the new Chapter 11: 1. Take a look at the building cap policy with respect to a number of units, whether we should include multi-family units, apartments, etc. with regards to the building cap; 2. For consideration of including a chapter on homeland security in the Master Plan; 3. To consider the acreage of parks per 1,000 people; 4. Develop an official street map as part of the Master Plan; and 5. Take what was in the old Chapter 11 of Master Plan 2015 and to correlate that and coordinate that into a Master Plan, as was mentioned by Mr. Blum. Upon roll call – Ayes: All; Noes: None. Motion carried.

Arup Sen requests a Special Exception Use Permit for conversion of existing office building to residential apartments at 9141 Main Street. A Public Hearing regarding this item was held 1/21/04. James Callahan said the location is the south side of Main Street, west of Thompson Road in the Commercial Zone. The Master Plan identifies this area to remain in a Commercial classification. The applicant is seeking to convert the existing office building to residential apartments.
Supervisor Hallock said she received a comment from a resident on Thompson Road, who wanted to know if there would be any impact on their well water. James Callahan said there is no physical change to the property.
Arup Sen said he has hired an architect to do the landscaping upon approval of the Planning Board. There is currently green space on both sides and in the back. He is planning on 2 to 4 units and the parking is adequate.
Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Special Exception Use Permit for conversion of existing office building to residential apartments at 9141 Main Street, subject to review by the Landscape Committee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said item 13, a request by Inlighten for Concept Plan Approval for expansion of existing office/home at 9545 Main Street was removed at the applicant’s request and he will reschedule in the future.

Hayes Fish Company requests a Change-In-Use from vacant former restaurant to fish market and restaurant including Architectural Approval for an addition at 8900 Main Street. Frank Whelan, representative of Hayes Fish Company said they would like to add approximately 220 sq. ft. in front of the building to include a freezer. They will remove the paving in front of the building and put in an access sidewalk. The entire front of the building will be redone to unify the look. The site is 1.2 acres with a considerable amount of green space. The color scheme will be soft grays with burgundy trim.
James Callahan said the property is zoned Commercial and the Master Plan identifies it to remain as such. The Change-In-Use must be approved by the Town Board because the property was vacant for over one year.
Mr. Whelan said the signage will probably be on the front of the building. Supervisor Hallock said that is a separate issue.
Motion by Councilman Kolber, seconded by Councilman Weiss to grant a Change-In-Use from vacant former restaurant to fish market and restaurant including Architectural Approval for an addition at 8900 Main Street, subject to Landscape Committee and Sign Review approvals. On the question, Supervisor Hallock said this will also go through the building permit process. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber to refer the request for Concept Approval for construction of a retail home furnishings store at 7437 Transit Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Domenic Piestrak requests Concept Plan Approval and rezoning for development of a multi-use development east of Goodrich Road, north of Greiner Road known as Spaulding Greens Development. Domenic Piestrak said this is part of the sewer project to the Hollow. He asked that the Town help to get the public involved early in this project. He is very open to suggestions. Councilman Bylewski said there is a potential, at the joint meeting of the Planning Board and Town Board meeting scheduled for March 31st to have a blank slate look at the property. It has not been discussed with the Planning Board.
Supervisor Hallock said they discussed that there are a number of sewer taps needed for this project. James Callahan said the property is located on the east side of Goodrich Road across from the Town Hall consisting of 400 + acres zoned Agricultural. The Master Plan identifies this area in a Residential classification. Under the Heise-Brookhaven Trunk Sewer Findings Statement, up to 500 sewer taps would be available for this area. Mr. Piestrak said they own the land north of the creek, which is not serviced by any existing sewer. They felt they should propose a potential for this land to avoid a segmentation issue. The Heise-Brookhaven Sewer is being worked on across the Town.
Councilman Bylewski said in counting up the units, there are roughly 970 units. Mr. Piestrak said a portion of it is in Sewer District No. 2 and the other is part of the Heise-Brookhaven project. He does not know how many units there are. It is the new urbanism. Councilman Bylewski asked how does the commercial comply with the Master Plan? He does not see where it works. Mr. Piestrak said that is why he is very open on this. He was originally going to purchase the land for a golf course community, but you cannot do it under the Town restrictions. The commercial fits in with this type of project, such as Celebration in Florida. They try to make it feel like an older community with a town center. There are smaller lots with small green areas and the bike path will go through the entire area. Mr. Piestrak said they donated and built Meadowlakes Park. He tried to do something similar in Hidden Pond, but it did not work. Without the commercial, you go back to Hidden Pond or other conventional type subdivisions. It is meant to be like city houses with bigger houses on smaller lots. It is designed so that the parks are in the front of the houses.
Mr. Piestrak said it is a new concept that he would like to do. It is very common throughout the country and it is never done without some commercial facilities. He is not a commercial developer.
Councilman Bylewski said he has been a student of the new urbanism, but he does not think this is the right area given the way our Master Plan lays out the land uses. He understands something will be there, but the question is what. If this is the plan, he would flat out vote no. Mr. Piestrak asked that he seek the opinion of other people in the Town that are far more experts in this type of development. The areas he has seen are very pleasing. In regard to the Master Plan, if a project has merit, there has to be a way to adjust it. He would like public input, with the idea that they are doing the sewer on faith that the Town would invest in the sewer and they bought the land based on good faith. The sewer has to be put in by the end of the year. He feels that by the Town and the residents working together with him, we can all come up with something we can live with. He believes this is the right location. He asks everyone to be open.
Mr. Piestrak said he bought the land and for 13 years talked about a golf community, but economically he cannot do it. If everyone thinks the big lots are the way to go, fine, but he thinks that would be unexciting and with no taste. The new urbanism is spectacular.
Councilman Kolber asked how many taps are left from the Heise-Brookhaven project? Mr. Piestrak said 350 taps and he has 40 leftover, so figure about 400. He does think the commercial area is too dense, but the engineer said the Town will strip it down no matter what it is.
Supervisor Hallock asked how many units he was considering when he was going to do the golf community? Mr. Piestrak said the problem is a $15 million investment, not including roads. He has done risky investments in the past. The first two years are crucial and you would have to do 100 houses per year. It is an extreme risk in Western New York. He is not saying the taps are wrong, but he is not the only developer in Town. The pressure is going to become greater here because all of the good land in Amherst is used.
Supervisor Hallock said they discussed this at the work session and wonder about the March 31st meeting. Mr. Piestrak said he is ready anytime. Supervisor Hallock said she is not sure we are ready to advance this yet. Councilman Bylewski will bring it up with the Planning Board Executive Committee next week regarding a public meeting. Mr. Piestrak said he is not going to try to shove it down anyone’s throat.
Councilman Bylewski said everyone realizes that something is going to go in across from the Town Hall. The public has had some say in it and that is why we have Master Plan 2015. He thinks it is a good idea to have that blank slate approach. In his opinion, we should deny this tonight because of the conflicts with the Master Plan and then at the joint meeting, which is tentative now, see if we could schedule a public hearing and find out what the residents would like to have. Mr. Piestrak said he would prefer that the Board table it, and make a commitment to go to the next step. He has other ideas for a common ordinary subdivision.
Councilman Weiss said that makes more sense to begin with, rather than to spend the money to put something like this together. We could have started out with a clean slate. He said he likes the idea of the park areas. He is not enamored by the commercial part or the density. Before spending money on this proposal, it makes sense to meet with the people. Mr. Piestrak said if you like the feeling of community, it is very hard to blend.
Councilman Bylewski asked if it would be appropriate to have this as an agenda item as a blank slate public hearing and give it a shot? James Callahan said it is better to get the public involved in the planning stages. Councilman McPherson said in that case, the slate should be open all the way, table this thing, without a denial and the rest of it.
Councilman Kolber said he does not like the way it feels. It does not fit the character of the Town of Clarence.
Councilman Bylewski said his concern is with the Master Plan. We are all living under that constraint and we just held the annual review. He feels the best move to make is to take it off the table completely, if this is the option we have right now. He said Mr. Piestrak could withdraw. Mr. Piestrak said he is not married to this and has other options. It is just something to consider and prefers to leave it as an option. Councilman Bylewski said if it comes back as this, he does not see how it complies with the Master Plan or how it could move forward.
Councilman Bylewski said he makes a motion to table this project indefinitely, pending a public hearing to discuss a blank slate. Mr. Piestrak said the only concern he has about that is, he is spending money to do the sewer. A decision could be made at the first Town Board meeting after a public hearing is held.
Motion by Councilman Bylewski, seconded by Councilman McPherson to table the request by Domenic Piestrak for Concept Plan Approval and rezoning for development of a multi-use development east of Goodrich Road, north of Greiner Road known as Spaulding Greens Development. On the question, Councilman Bylewski said the firm where he is an associate has represented corporations that Mr. Piestrak has an interest in. This is not one of them, so he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to set a Public Hearing for March 24, 2004 at 7:45 P.M. to consider the request by United Rentals for a Temporary Conditional Permit for operation of a portable concrete mixing sales system at 4811 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence Republican Committee – March 2, 2004; B. Boy Scout Troop 47 – March 4, 2004; C. Clarence High School Indoor Track – March 9, 2004; D. Clarence Girls Softball – March 13, 2004; E. Sisters of St. Joseph – March 13 & 14, 2004; F. Kenneth Spoth – March 20, 2004; G. Democratic Club – April 12, 2004; H. Brownie Troop #148 – 3rd Tuesday each month and Sept. 28, 2004 and Legion Hall Applications – A. Ken Loewer – April 3, 2004; B. Diane Weitz – April 4, 2004; C. American Legion Auxiliary – 3rd Tuesday each month; D. Girl Scout Troop #773 – May 2, 2004; E. Jean Nichols – May 9, 2004; F. Barbara Gill – May 27, 2004; G. Marsha Pfentner – May 29, 2004. On the question, Councilman Bylewski said as disclosure, he is a member of item G under Clubhouse Applications. However, this is ministerial, so he will vote. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of February 26, 2004 are approved for payment: General Fund - $169,861.57; Highway Fund - $74,955.20; Water District - $1,835.47; Fire Districts - $66.59; Lighting Districts - $1,003.43; Sewer Districts - $15,527.45; Capital Fund - $37,867.00; Trust and Agency 203 - $330.00 for a total amount of $301,446.71. On the question, Councilman Bylewski said voucher 21935 is for his expenses for the Association of Towns and he is just making that disclosure. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:35 P.M.

Nancy C. Metzger
Town Clerk