03/10/04


A Work Session of the Clarence Town Board was held March 10, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 6:30 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Senior Building Inspector David Metzger and Deputy Supervisor Anne Case.

Director of Community Development – James Callahan
Review of formal agenda items

Falletta’s Restaurant 8255 Clarence Center Road
A Public Hearing is scheduled for 7:50 P.M. to consider an amendment to an existing Temporary Conditional Permit for a banquet room and parking area addition to Falletta’s Restaurant. The Planning Board has forwarded a recommendation to allow the proposed expansion with several conditions.

Tony Feroleto 6095 Strickler Road
Applicant is requesting a fill permit to fill the property to raise the grade to accommodate a future single-family residence. The Town Engineer has reviewed and approved the application with conditions. Director of Community Development James Callahan stated that the applicant should identify the source of the fill. Town Engineer Latona suggested something in writing from the applicant informing the town the source of the fill.

Mary Dittenhauser 6281 Transit Road
Applicant requests a Change-in-Use from vacant former toy store to a coffee bar, yoga room, massage therapy room and retail shop. Parking should be adequate to accommodate the service/retail space.

Paul Kowalski 6555 Heise Road
Applicant requests a Temporary Conditional Permit to allow a site contracting/landscaping/firewood business in the Agricultural Zone at 6555 Heise Road including outdoor storage of equipment and materials.

Dr. Ismet Hallac 5445 Transit Road
Applicant requests a building permit and architectural approval for construction of a 3700 square foot addition of existing plaza.

Domenic Piestrak Spaulding Greens, LLC
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. Applicant asked to be taken off the agenda until after the public informational meeting to submit a revised concept plan. Town Attorney Bengart stated that the Town Board request that the project be put on the agenda and they have the right to vote on it, the applicant does not control the agenda.

Town Engineer Joseph Latona
There has been a situation relative to commercial developments. The Town Board has the discretion to refer the projects to the Planning Board or to approve/disapprove the project. There are many instances where approval will be given to a commercial project that the Engineering/Building Department, Landscape Committee, and Fire Advisory never see until after it has been approved by the Town Board. The Town Board does not have the details of what they are approving other than a concept. Town Engineer Latona is suggesting that all projects get referred to the Planning Board or decide on a threshold so that adequate department review will take place prior to Town Board approval rather than subsequent to. This Town Board is approving projects that they do not know what they are approving because they are leaving it up to Landscape, Fire Advisory Engineering/Building for them to approve it subsequent to Town Board approval. Subdivision projects get sent out to all departments and once everyone approves the project, it then gets submitted to the Town Board.

Town Engineer Latona has projects in his desk that were approved by the Town Board but he has not seen a drawing on. Mr. Latona is suggesting a procedure with a check list on what is to be submitted with a project. He would like to see the procedure more streamlined so everyone is on the same page and have confidence in what they are approving.

Supervisor Hallock stated that the Town Board approves projects contingent upon Town Engineer and Landscape approval. Mr. Latona felt that this puts too much pressure on department heads because if the Town Board approves it then the various departments have to approve it. The Town Board does not know what the Engineer or Landscape Committee is approving.

Director of Community Development James Callahan stated that when a small project comes in, he immediately puts it on the Town Board agenda not knowing if the Town Board will approve it or not.

Councilman McPherson stated that if all the projects were referred to the Planning Department/Planning Board to look at and identify any issues such as landscaping, drainage etc. then the Planning Board can make recommendations. James Callahan stated that this is basically being done now.

Director of Community Development James Callahan suggested all projects be introduced at the Work Session and if the Town Board chooses, refer them to the Planning Board or put on the Town Board agenda. This is a system that has worked in the past however; people did not know up front what was going on so the projects were then presented at the regular Town Board meeting.

Councilman Weiss suggested Director of Community Development James Callahan and Town Engineer Latona put together a procedure.

Supervisor Kathleen Hallock
Supervisor Hallock will announce the resignation of Bruce Kloc from the Amherst-Northeast Intermunicipal Trails Committee.

There was a group who reserved the Clubhouse on Sunday, March 7, 2004. There application stated 150-180 people expected but the number was well over 500. Supervisor Hallock will write a letter asking for the $50 user fee required for groups of 200+.

Relative to the Capital Improvement Plan, Supervisor Hallock talked to Fox and Company and will set up a meeting next week. Councilman McPherson has agreed to be on the committee.

Supervisor Hallock will have a motion to appoint four people to the Bi-Centennial Committee. Everyone received copies of their applications two weeks ago. Historian Mark Woodward recommended appointing everyone who has applied so far including the new applications that everyone received today.

The Clarence Contemporary Club has expressed an interest in redecorating the ladies lounge in the Clubhouse and would like community involvement to reupholster the chairs on the first floor. There is an ad hoc committee that will be meeting about the redecorating, including someone from the Preservation Committee of the Clarence Hollow Association. They are also asking for someone from the Historical Society to participate as well.

Supervisor Hallock announced we received a certified copy of a resolution from the Erie County Legislature stating their support of the Dollar Home Initiative and Erie County’s agreement with HUD and the extension of the program. Part of the resolution was that copies be forwarded to all cities, towns and villages.

Supervisor Hallock will make a motion to accept the recommendations of the hearing officer.

Supervisor Hallock will make a motion to designate Town Attorney Bengart as acting Town Prosecutor in the event the Town Prosecutor is absent due to illness or other reason.

Supervisor Hallock will announce she has received the point summary for the Length of Service Awards Program for Clarence Center VFC.

This evenings meeting will be adjourned in memory of Edward Spoth.

Supervisor Hallock will meet with grant writer Jean O’Connell on Friday at 10:30 A.M., anyone is welcome.

Supervisor Ward from the Town of Walkill in Orange County is visiting Clarence next Monday, March 15, 2004 at 10:00 A.M. All Board members are invited. Supervisor Ward is interested in the Master Plan and Growth Cap.

The town purchased the area north of the Peanut Line between Kraus and Strickler Road for Memorial Park. A plan was developed for athletic facilities, initially there was little league, softball, 90’ diamonds and soccer fields. Recently a road has been installed through the park and a north-south road into the park. Three multi-use fields are going to be installed. A prime concern was getting water to the site. Erie County Water Authority requires a hot box and back-flow prevention device at a cost of $30,000 - $50,000 per location. The water authority is willing to forgo the cost of instillation of the hotbox and back flow device if the town puts this in a public right-of-way which will allow the water authority to service it.

Town Engineer Latona explained that when the pond is dug for the arboretum, the fill will be used to fill in the low laying areas at Memorial Park.

Supervisor Hallock will make a motion authorizing Donald Gallo, Consulting Engineer the design and bidding for playing fields, site balancing, waterline, drainage, parking, field drainage, fencing, bleachers, backstops and final site work for Memorial park for a fee not to exceed $33,000.

William Schutt & Associates submitted a proposal for $37,000. for the same work.

Town Engineer Latona stated that the town can authorize Don Gallo to start work under the existing bond issue but we need to look at the Capital Program to implement the bonds for the Capital Program in order to start the work this year. In order to have the baseball diamonds ready by 2005, we need to start them this year.

Supervisor Hallock stated that until further notice, the Work Sessions will begin at 6:00 P.M.

Councilman Ian McPherson
The town has submitted an application for an intersection improvement project for Roll Road and Shimerville Road intersection. The Town is seeking funding for this project through the federal Congestion Mitigation Air Quality (CMAQ) funding program. The application is for installation of a semi-actuated traffic signal and the reconstruction of the intersection to provide for installation of left turn lanes on all four approaches.

Councilman McPherson has a Resolution authorizing TEC Smith, Inc. to perform sanitary sewer flow monitoring in Clarence Sewer District #2, including the three pump stations.

Town Engineer Latona stated that Sewer District #2 is in Clarence Center. The sewers have been in for over ten years and we have had a lot of taps. We don’t know how much flow we have in that 10” pipe. The 10” pipe was not made to take care of the entire district and he is concerned about reaching capacity. It is tied in with the Federal Government Capacity Management Operation and Maintenance. What we will be looking at is how much flow are we getting out of Clarence Center and how does that relate back to the people that are tied into that flow and what happens when that flow gets to capacity. This board will need to know this as a planning tool, who is going to pay for the expansion of the 10” line and whether or not the line has to be a 15” or 20” etc., and how much more do we have to build out in SD #2.

Councilman McPherson will announce a resignation from the Senior Center Board of Directors. The Senior Center is asking that consideration be given to someone with a CPA background; they do not necessarily have to be a member of the Senior Center.

Councilman McPherson along with Network Services Consultant Steve Flaminio met with staff at the Senior Center. Presently the Senior Center has a dial-up system. They would like go with Power-Link and have a dedicated fax line. Steve Flaminio gave a preliminary estimate of $3,200. to upgrade four personal computers, wiring for staff and member usage. Adelphia is willing to provide Power Link hookup at the lowest possible rate.

The Senior Center will pay for Power Link. Sixteen drops will be installed to make computers available to the members of the Senior Center. The old computers will be used by the members and the new computers will be used by staff.

Supervisor Hallock stated that the Senior Center does their own purchasing. Councilman McPherson suggested the Supervisor’s officer monitor these purchases.

Councilman McPherson suggested that a traffic plan including traffic signage and street lighting be submitted with all large projects.

Councilman McPherson received correspondence and an invoice from SMEC. They are asking the Town to fund a reserve fund in the amount of $18,000. Councilman McPherson attended their annual board meeting and they appear to be in fine financial shape. The Town has been paying their bills all along and Councilman McPherson does not understand why we would have to fund their reserve fund. Councilman McPherson will forward their contract to Town Attorney Bengart to make some inquires.

The Clarence Hollow Association has met with the NYS DOT regarding suggestions for the cross-walk at Main Street and Ransom Road. The NYS DOT is asking for Resolution regarding the cross-walk.

Councilman McPherson has received a response from the NYS DOT regarding several other street-scape requests including unique street signs. The Department of Transportation will allow the street signs as long as the Town accepts responsibility for maintenance.

Councilman McPherson will announce that Erie County has awarded the contract for the Dodge Road relief sewer to URS.

Councilman Bylewski asked if the Traffic Safety Board has had a chance to review his request for the placement of large cones in the middle of the road at the bike path cross walks. Councilman McPherson stated that the NYS Department of Transportation is against installing such signage and if the signage is being installed in other areas of the state, it is not with the authorization of the Department of Transportation.

Councilman McPherson attended a seminar at the Association of Towns regarding junk storage. In the spring time, we are inundated with calls regarding the storage of junk cars etc. Councilman McPherson forwarded the information to Director of Community Development James Callahan to consider a Junk Storage Ordinance.

Councilman Scott Bylewski
Councilman Bylewski will make a motion to engage the services of Freilich, Leitner, and Carlisle and Planning Works, LLC to draft an Adequate Public Facilities Law.

Councilman Bylewski has the planning figures concerning land use permits that were not available at the public hearing for the Master Plan.

Councilman Bylewski has three recommendations from the Municipal Review Committee.

Metro Community New has requested the use of the Main Street Park for their event on May 22, 2004. A question came up regarding the number of parking spaces available. According to Parks Crew Chief John Burns, the paved parking spaces total 173. Clubhouse has 119, 28 for the museum and 26 for employee parking.

Councilman Bylewski received the Central Fire Alarm Report for February 2004.

Councilman Bylewski asked that all Town Board members review the February 25, 2004 memo from Supervisor Hallock regarding the Length of Service Award Program.

Councilman Bylewski received correspondence from Adelphia.

Councilman Bylewski has a correction to the Town Board minutes.

Councilman Bylewski will announce the joint meeting between the Town Board and Planning Board on March 31, 2004 at 7:00 P.M.

Councilman Bylewski stated that he received a letter from a business owner along Main Street where sidewalks are now located. He is complaining about selective enforcement, Code Enforcement is going after him for putting his products on the sidewalk. A letter was sent to him previously stating that he can not do this and if it happens again, an appearance ticket will be issued by Code Enforcement.

Members from the Swormville VFC were present to express their concern over payment of their building permit. Town Engineer Latona stated that the Town waived their Open Space Fees and their PIP Fees. Clarence Center VFC and Harris Hill VFC all paid building permit fees for their new buildings.

John Gaulocher, representing Swormville VFC stated that at their closing, Swormville VFC paid $22,000 for Erie County Mortgage Tax; they have to turn around and charge the tax payers in their district for this tax. The Town of Amherst waived all building permit fees for East Amherst VFC and he felt the Town of Clarence should waive all fees for Swormville VFC because they are going to have to pass it on to the tax payers.

Councilman Bylewski stated that although this is being passed on to the tax payers in the Swormville Fire District, they are being benefited by the Town Engineering Department who spent their time, effort and resources reviewing the project. Supervisor Hallock stated that she tried contacting County Clerk David Swartz regarding the Mortgage Tax.

Councilman Joseph Weiss
Councilman Weiss has three Resolutions relative to the Plumbing Permit Fee Schedule and Public/Private Improvement Permits.

Councilman Weiss will read a letter from a resident regarding the Highway Department.

Councilman Weiss will announce that Highway Superintendent Ron Witnauer is in Albany securing grant money for equipment.

Councilman Weiss is also looking at the possibility of having just one garbage company service the town.

Councilman Weiss along with Town Engineer Joseph Latona met with representatives from the school district regarding the parking lot at Harris Hill School.

Councilman Weiss will report on a meeting of the NFTA he attended regarding sound abatement at the airport.


Councilman Bernard Kolber
Councilman met with the Historical Society, it was the Town’s 196th birthday on March 8th. The Historical Society is looking for active members if anyone is interested. They also have a problem with water leaking into the museum which they are working on.

Councilman Kolber commented on the Open Public Meeting that was held on Monday night. Many different questions and ideas were presented.

Councilman Kolber will present a Resolution to regulate and control land use. A Public Hearing will be set for April 28, 2004 @ & 7:45 P.M. to consider a Local Law imposing a temporary six-month moratorium on land use approvals of any new residential subdivisions or multi-family projects in excess of six units in the Town of Clarence. There shall also be the possibility of two separate six month period of extension imposed, after proper notice and a public hearing to be held within forty-five days prior to the expiration of said moratorium period.

Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1) D of the Open Meetings Law to discuss pending litigation. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the meeting adjourned at 7:35 P.M.

Darcy A. Snyder
Deputy Town Clerk


Councilman Bylewski left the meeting at 7:55 P.M.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 8:00. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Bylewski. Motion carried.



Regular meeting of the Town Board of the Town of Clarence was held Wednesday, March 10, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 8:00 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 Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Asst. Director of Community Development James Hartz, Deputy Supervisor Anne Case, Parks Crew Chief John Burns, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Kolber to approve the minutes of the previous meeting held February 25, 2004. On the question, Councilman Bylewski said his motion on page 60 at the bottom, item 5, he wants it to read “Take what was in the old Chapter 11 of Master Plan 2015 and to correlate that and coordinate that into an action plan as part of Master Plan 2015….”. Supervisor Hallock said on page 54, “There is a joint meeting between the Clarence School Board and the Town Board scheduled for April 26…”. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said approval of the minutes of March 3, 2004 will be deferred for two weeks because there was not enough time for review.

Supervisor Hallock apologized for being late. The Town Board is going to schedule their Work Sessions to begin at 6:00 P.M. This has happened a few times lately and she is sorry about that.

Motion by Supervisor Hallock, seconded by Councilman McPherson to appoint the following to the Bi-Centennial Committee: Rosemarie Cardoso, 9200 Hillview Drive; Sandy Larkin, 5170 Bank Street; Diane Baker, 6090 Goodrich Road; and Linda Nastasi, 5905 Goodrich Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to accept the recommendation of the independent hearing officer dated February 5, 2004 in its entirety with respect to the discipline of an employee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to designate Steven B. Bengart, Town Attorney, as acting Town Prosecutor in the event the Town Prosecutor is absent due to illness or other reason. This resolution shall be effective retroactively as of February 10, 2004. On the question, Supervisor Hallock said this is a contingent move for the rare occasion that it would be needed. It has happened twice this year that Mr. Bengart had to fill in. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize Donald Gallo, Consulting Engineer, P.C. to prepare the design and bidding documents for playing fields, site balancing, waterline, drainage, parking, field drainage, fencing, bleachers, backstops and final site work the Memorial Park in accordance with his proposal dated March 5, 2004 in the amount of $33,000. Payment to be made from the Memorial Park Bond Issue. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced the resignation of Bruce Kloc from the Amherst-Northeast Intermunicipal Trails Committee. She thanked him for his work on the committee and all of the time he spent.

Supervisor Hallock announced that there is now an opening for coordinator of Kids Voting because of relocation. She has the name and phone number of someone at Erie I BOCES who runs the program. The job of the coordinator is to line up volunteers for the voting booths from 6:00 to 9:00 on election night. An orientation meeting will be held this summer. Anyone interested should contact the Supervisor’s Office.

Supervisor Hallock received the point summary for the Length of Service Awards Program for the Clarence Center Volunteer Fire Company. The point summary and letter of certification were posted in the fire company for 30 days. The summary and letter will remain on file in the Town Clerk’s Office.

Councilman McPherson announced that application has been made for a traffic signal and/or equivalent traffic control at the intersection of Roll Road and Shimerville Road. The application requests installation of a semi-actuated traffic signal and reconstruction of the intersection to provide for installation of left turn lanes on all four approaches. The project calls for reconstruction of approximately 1,000 feet of the Roll Road west approach to minimize a sag vertical curve that limits sight distance of that approach to improve safety through the intersection. The objective is to correct a developing unacceptable level of service and delay deficiency and address safety issues at this intersection. This proposal has been an element of the ongoing Town of Clarence Comprehensive Traffic Study and Traffic/Transportation Management System Action Plan that is a component of the Town’s Master Plan. Councilman McPherson added that this is the same procedure followed for the Shimerville Road and Greiner Road intersection. That signal is in the planning stage with construction to begin in the spring of 2005.

Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize Tec Smith, Inc. to perform sanitary sewer flow monitoring in Clarence Sewer District No. 2, including the three pump stations and develop a Capacity Management and Operation and Maintenance Plan in accordance with their proposal dated February 24, 2004 in the amount of $45,000. Payment to be from the unreserved account of Clarence Sewer District No. 2. On the question, Councilman McPherson said the purpose is to ascertain how full the pipes are in Sewer District No. 2 and what the level of flow is going toward Amherst for accountability and future planning. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said he received a letter of resignation from Dave Domon as a member of the Senior Center Board. We accept that with regret.
Councilman McPherson said the appointment belongs to Councilman Bylewski and he informed him that the Board is requesting the new appointee have a CPA background if possible, and does not necessarily have to be a Senior Center member.

Councilman McPherson said he attended a computer meeting at the Senior Center to evaluate their computer situation and their access to the Internet, etc. The representative from the Town’s computer consulting company was present.
Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize expenditures up to an amount of $3,200 to achieve the upgrades that were discussed, provided that the coordination is done between the Senior Center and the Supervisor’s Office because Karen Jurek and Mrs. Hallock have been instrumental in computer operations for the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson had a few announcements from the Erie County Legislator. Over the past three years, New York’s share of the Medicaid has grown at an average annual rate of 10-½ %, while the rate of inflation increased only 2.2%. Medicaid spending in New York is $1,378 per capita, which is more than double the national average.
Councilman McPherson also announced that over 100 of our neighbors took advantage of the Home Energy Assistance Program that was held here in December.

Councilman McPherson said they attended a meeting with the Clarence Hollow Streetscape Committee and the Department of Transportation (DOT). The Clarence Hollow Association presented a drawing and specifications as to what they would like to see for a road crossing at Main Street and Ransom Road. The DOT said if that is what the Town wants, the Board should pass a resolution recommending this be put in place.
Motion by Councilman McPherson, seconded by Councilman Bylewski that pursuant to the letter from the Clarence Hollow Association dated 3/5/04, the Town Board recommends to the Department of Transportation that this recommendation be honored and the placement of the crossing be put in as suggested. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said also, at the Clarence Hollow Association meeting, pursuant to some models of unique street signs created by member Larry Tschopp, the DOT was asked if they could move ahead with them. It is a deviance from the normal signage that the DOT approves. He is happy to announce that the DOT is allowing the signs to be placed provided that the Town and/or the Clarence Hollow Association assume the responsibility for maintenance and replacement.

Motion by Councilman Bylewski, seconded by Councilman Weiss that based upon a review of the proposals and upon recommendation of the RFQ Review Committee, the Town engage the services of Freilich Leitner & Carlisle and Planning Works, LLC to draft an Adequate Public Facilities Law. On the question, Councilman McPherson said when this was first proposed he asked if anyone looked at the program the State has to offer on this. Councilman Bylewski said he contacted the State and the Department of State did not have any records on file concerning it. He knows that Mr. Callahan contacted the Department of State on numerous occasions. If at some point they do have input, he does not feel that engaging these services would not be hindered by having additional services provided by the Department of State. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said at the public hearing for the Master Plan, he read off some of the numbers James Hartz, the Assistant Director of Community Development was able to crunch concerning land use permits and how they have been impacting the Town. The largest projects were not taxable, which were the fire halls for Swormville and Harris Hill. Those two projects have a combined value of $5.61 million and that left a taxable value of $4.69 million for all other commercial projects generating a net revenue of $126,630, which was greater than the revenue we received in 2002.
Councilman Bylewski said the more interesting numbers have to do with the residential land use permits. 223 were issued in 2002 and 224 in 2003. The impact on the Town was that the overall assessed value increased by a total of $56,748,922. The average new home was 3,979 sq. ft. and valued at $252,000 and that recommended increased tax revenue equal to $1.53 million. When you take a look at the impact on the tax levy comparing 2002 to 2003, it appears a trend is starting to develop. The net impact on Town and Highway in 2002 was $169 per new lot. The Town was making money compared to the level of services that were provided. It went down this past year to $121. The Town was still getting more money, than giving out services. It is turning towards a more positive impact upon the Town.
The Clarence School District made money off the new builds in 2002. In 2003, an impact was made upon the District in the amount of $105, which means more services were given out than the revenue received. The Williamsville School District impact was $198 in 2002. In 2003, the impact was $933, which substantially increased. We only have two years of statistics, but it bears watching as the Town grows and the impacts made on the Town and School Districts.

Motion by Councilman Bylewski, seconded by Councilman McPherson that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed expansion to the Holy Cross Lutheran Church, 8900 Sheridan Drive. The proposed action is an Unlisted Action under SEQRA and involves the addition of approximately 5,500 sq. ft. to the existing church campus, including the addition of up to 28 new parking spaces. After thorough review by the MRC, Planning Board and Town Board of the submitted site plan and Environmental Assessment Form Parts 1,2 and 3, it is determined that the proposed action is consistent with the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency and will commence a comment period of involved agencies on the proposed Natale Open Development Area located north of 5795 Thompson Road. This Unlisted Action involves the development of a 4-lot Open Development Area on 10 +/- acres in the Agricultural Zone. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the next item is a ministerial report because the firm where he is an associate is involved in a real property transaction that concerns this matter. He will recuse himself from voting on it.
Motion by Supervisor Hallock, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency and will commence a comment period of involved agencies on the proposed Master Chong’s Tai Kwon Do Training School located at 5921 Transit Road. This Unlisted Action involves the construction of a 10,000 sq. ft. training facility with appropriate parking. Upon roll call – Ayes: Councilmembers Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Councilman Bylewski received the Central Fire Alarm Operations Report for February 2003. Town of Clarence fire companies responded to the following: Structural fires – 5; Miscellaneous fires – 2; EMS calls – 86; Motor vehicle accidents – 5; Miscellaneous calls – 23 for a total of 121 alarms.

Councilman Bylewski received correspondence from Adelphia regarding their regional rate structure and proposed charges and current charges on installation activity. This is available for anyone to look at. They are reducing the fees for installations on just about everything except for installation in pre-wired homes.

Councilman Bylewski announced that on March 31st at 7:00 P.M., the Town Board and Planning Board will hold a joint meeting entitled “A Visioning Proactive Planning Session” to consider the property east of Goodrich Road and north of Greiner Road. It is another way we are trying to make the Clarence Town Government proactive, more open and responsive to the needs of the residents.

Councilman Weiss received a letter from Louis Turco stating that Mr. Witnauer and his staff took on an important job in cleaning Beeman Creek behind his home. He expressed sincere thanks for the wonderful job in keeping our environment number one. He is very pleased for this great service.
Councilman Weiss added that Ron is certainly to be commended on the town-wide ditching. He is in Albany right now seeking grant money for additional equipment.
We are also looking at the possibility of going with one garbage company. John Love started this a few years ago. Councilman Weiss said he is working with Ron to see if they could put it out to bid to try and save the taxpayers money and lighten the load on our highways.

Councilman Weiss said he attended a meeting with Rick Mancuso and Dan Ettippio from the school along with Joe Latona regarding the parking lot at Harris Hill School. Some of the residents were concerned that it was dangerous for the children. Town Engineer Latona and the school representatives will study the issue.

Councilman Weiss said he attended a meeting of the NFTA regarding noise abatement at the airport. The study was very interesting. There are smaller planes being used now, which will reduce the noise. They are going to do some abatement projects with the ramps and flight paths over commercial areas. The noise should go down, except for a three-month period, which they will announce when they change runways.

Councilman Kolber said we had an open meeting for the residents this past Monday night, which we hope to do on an annual basis. One of the main issues brought up was the reassessments. The Assessor is charged with determining fair market value. There were also comments on drainage, roads, new urbanism concepts, schools, sidewalks, difference in houses, garbage, etc.

Councilman Kolber said from the Historical Society, it was the Town’s 196th birthday on March 8th. The Historical Society is trying to increase their active membership. Anyone interested should give them a call.

Motion by Councilman Kolber, seconded by Councilman Weiss to adopt the following resolution:
Whereas, in order to regulate and control land use and to protect the health, safety and welfare of its residents; and to address present and future development within the Town; and to continue the update of the Town’s Land Use Regulation;
Be It Hereby Resolved, that a Public Hearing is set for April 28, 2004 at 7:45 P.M. to consider a Local Law Imposing a Temporary Six-Month Moratorium on Land Use Approvals of Any New Residential Subdivisions or Multi-Family Projects in excess of Four (4) Units in the Town of Clarence. At the discretion of the Town Board, there shall be the possibility of two (2) separate six (6) month periods of extension imposed, after proper notice and a public hearing to be held within forty-five (45) days prior to the expiration of said moratorium period.
On the question, Councilman Kolber said we hear from people every day that the Town is growing too fast. It has grown 30% in the last 10 years. The specific intents of this moratorium are to allow the Planning Department, Planning Board and Town Board to: finalize a revised comprehensive zoning update bringing our zoning up to where it should be; to allow study, implementation of a comprehensive subdivision law update; address the Clarence School Board issues pertaining to available capacity in Clarence schools and the District’s planning on absorption of students in new development projects; and receipt and review of a report detailing an adequate public facilities law to learn what is our capacity and what needs to be addressed. We need to know where we can go to with what we have and be proactive to what we need for the future.
Councilman Weiss said the past election was a mandate to get control of the growth and look at it in a structured and worthwhile manner for everyone including the developers and the people in the Town.
Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock suggested that Councilman Weiss include Councilman Kolber, as liaison to the Northeast Solid Waste/Recycling Committee, on the garbage pickup issue. That committee has worked on these issues before and may be very helpful.

Town Clerk Nancy Metzger announced that she received a copy of the Annual Financial Report for the Fiscal Year Ended 2003, as filed with the Office of the State Comptroller, for Clarence Fire District No. 1.

Councilman McPherson acknowledged Dr. John Akiki representing the Clarence Chamber of Commerce.
Supervisor Hallock acknowledged all department heads present.

Public Participation
James Blum, 5509 Martha’s Vineyard spoke regarding item 21, Spaulding Greens. He believes the concept should be rejected without further consideration. A very different concept is needed to justify expending any Town staff time. It does not comply with the Master Plan or even in the range to justify consideration. He is upset that time is wasted on this, rather than completing the work on the zoning law and the subdivision law. They will clearly spell out the vision of the Master Plan and help protect our Town. He is pleased that the Town is considering a moratorium until the new laws are passed. He believes the highest possible priority should be given to finish them.
Mr. Blum said in regard to the new urbanism, urban means city life and dense population. New urbanism means new kinds of cities. We want ruralism, not urbanism. Let us follow the vision of the Town Master Plan.

Ron Newton, 6120 Gott Creek Trail spoke in regard to item #21. He said 20 years ago he sat in this room and listened to the current developer sell that Board on the concept of adding B lots into all of their developments. They sold it on the idea that the lots would be smaller, cheaper and more beneficial to the children of the residents of Clarence because they could afford them and stay in Clarence. We have all seen what has happened with B lots, they are taking 4,000 sq. ft. houses and trying to shoehorn them onto small lots. He has not seen any indication that they are any cheaper.
Mr. Newton said there was also discussion about 15 years ago from the gentleman proposing the plan in item 21. He proposed a Victorian village with sidewalks, gaslights, gingerbread houses and bike paths with easy access to Clarence Center. That is now Hidden Pond. He also proposed a golf community. He would turn over the golf course to the Town and develop around it. Now we hear that money has taken the place of a golf course and he cannot afford to donate the area to the Town. He has a lot of ideas and does a wonderful presentation but is very far of on following them through.

John Wacek, 6142 Clarence Lane North said he does not live near the proposed subdivision. In the four years he has lived here, he has not only noticed that more land is being taken up by homes, subdivisions and commercial development, but the type of people has changed. Also, traffic and the quality of life have changed. He is probably the youngest person in the room and someday does not want to show his own children another Amherst or Cheektowaga. He suggests that the proposal for Spaulding Greens be rejected and keep in mind the reason people like Clarence.

Bob Snyder, 9498 Boxwood Lane said he lives in Hidden Pond and has a few complaints. He would like to share how the developer has done things in the past. He will speak later in the meeting.

William Tuyn of the firm Greenman and Pedersen, said he designed Spaulding Greens. His understanding was that this was tabled and a visioning meeting was going to be held. Also, the item was put on the agenda tonight in order to be denied without anyone having the opportunity to learn about it. He believes there are misconceptions. People are saying they do not want new urbanism because it is city living. New urbanism is often called neo traditional design. It is about building communities. The development that has been done over the last decade is a market of developments based on exclusivity. They are building a community so that when you add to it, you embellish it and make it better. People are not afraid of what is to come. It is a place for everyone.
Mr. Tyne said they would like the opportunity for everyone to get to know more about the project. Everything before you is not cut in stone. They are willing to consider what the Town Board and the public thinks. There are a lot of things this proposal has to offer. There is also an obligation of the SEQRA requirements to show what the total dispensation of the property would be over time. The Town is well aware that there are sewer restrictions with this property. Some people know quite a bit about this project and some do not. He hopes the Board does not do a disservice to itself and the people of the Town before there is an opportunity to hear about it.

Howard Melancon, 9775 Main Street said he thought when people spoke on agenda items, it was for the residents of this Town.

A Public Hearing was held to consider a Local Law amending Chapter 59, Alarm Devices to increase the fees charged for avoidable alarms. David Metzger, Sr. Building Inspector and Gary McNally were present as members of the Avoidable Alarm Committee. Mr. Metzger said the law was adopted in 1995 due to the number of fire alarm activations requiring a response by the fire departments and/or the police agencies. A large percentage of the alarms were due to human error and lack of maintenance of the systems. Every month reports are sent from the Erie County Sheriff’s Department, New York State Police and fire dispatcher to the Building Department of all avoidable alarms. It is forwarded to the Town Clerk’s Office who sends out a notice to each offender notifying them of their avoidable alarms, if they owe a fee and if they have exceeded the allowable number of alarms. A copy of the law is included with the notice. If they have any questions, they call Mr. Metzger.
Mr. Metzger said the program has successfully educated Town residents and businesses of the need to maintain their systems and the importance of training on the operation of it. We do have a few large businesses that do not maintain their systems to keep the alarms to a minimum. The proposed increase will hopefully create incentive to further decrease the amount of avoidable alarms. The proposed amendment has been recommended by the Avoidable Alarm Committee.
Supervisor Hallock thanked these gentlemen, as well as the Town Attorney for working on these revisions. The basic changes are: police agency response - no change to first, second and third alarms; an increase of $10 to $35 for the fourth through sixth alarms; and for each alarm after the sixth, $10 will be added for each occurrence. As was stated, we have some chronic offenders. Our police agencies are on the road about 1,500 times per year for avoidable alarms.
With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:
Be It Resolved that the Clarence Town Board amends the Code of the Town of Clarence, Chapter 59 – Alarm Devices, by adopting Local Law No. 2 of the year 2004 increasing the fees charged to an owner or lessee for avoidable alarms for chronic and excessive use. This local law shall take effect upon filing in the Office of the New York State Office of the Secretary of State pursuant to section 27 of the Municipal Home Rule Law.
On the question, Supervisor Hallock acknowledged David Stengel, a member of the Avoidable Alarm Committee, worked on this also.
Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider an amendment to an existing Temporary Conditional Permit for a banquet room and parking area addition to the existing restaurant at 8255 Clarence Center Road.
Speaking to the subject:
Diane Bassanello, 8399 Black Walnut said she learned of this proposal just after the video of the girl in Sarasota, Florida being dragged away. She moved here from Amherst because it was quieter and felt it would be a safer place to raise her children. Her daughter rides her bike to Meadowlakes Park. Times have changed from when she was growing up. She does not feel it is necessary to put a banquet facility in the middle of a residential area and near a park. There will be increased traffic and people drinking late at night. It is just not safe in this area and she opposes it.
James Callahan said this is an existing restaurant in the Agricultural Zone. The Temporary Conditional Permit was issued in 1999 to reopen the restaurant. There were subsequent public hearings to renew the permit. The applicant is seeking to amend the permit to construct an addition for small banquets and parties.
The Planning Board reviewed the proposal and made a recommendation for no outside receptions with the following conditions: reduction of the curb cuts with review and recommendation from the Traffic Safety Board on the design to reduce curb cuts; Town Engineer approval on the expansion and existing water problems; planting, berming and landscaping approved by Landscape Committee to adequately buffer the use; outdoor lighting plan with appropriate screening to buffer the adjoining properties; hours as previously approved with midnight as the closing hour; and no outside music. (There was discussion by the Planning Board to limit parking expansion to the bare minimum so that adjoining neighbors are not impacted.) It was discussed in the Work Session to refer the project back to the Town Board, if in fact, after Landscape, Engineering and Traffic Safety Board have all commented for final architectural approval and functional plan approval by the Town Board.
Supervisor Hallock asked Mr. Faletta if he understands all of the conditions especially the engineering because of the drainage problem. Mr. Faletta said yes he does, but he does not have a drainage problem. Councilman Kolber asked what the capacity will be and Mr. Faletta said 175 maximum. The current capacity is about 160.
Supervisor Hallock said she received a letter from a gentleman unable to be here and he recommended the following: to run the berm the length of the east side of the parking lot; original berm should be 8 ft. high with grass planted and trees on top; all lighting faced west; no outside music; hours of operation to cease at midnight with no exceptions; all permits stay temporary; and no zoning changes. Mr. Faletta said outside piped in dinner music will be allowed.
Councilman Bylewski said we did pass the Right-to-Farm Legislation and he has to consider the impact that the addition will have upon that. There should be adequate buffering for the residential neighbors as well as the agricultural neighbors.
Mr. Murray, 8320 Clarnew Dr. said he knows the Planning Board mentioned no outside music, but he wanted to know if it prevents music from being piped outside. This is what has been happening. Councilman Bylewski said the Planning Board recommendation included no outside music other than piped in light dinner music.
Barbara Murray, 8320 Clarnew Dr. asked what the procedure would be for residents if Mr. Faletta does not fulfill his obligations with regard to the music. Councilman Bylewski said they should contact the Planning and Zoning Office because that would be a violation of his permit. Mrs. Murray also asked how long the permit is for.
James Callahan said it is generally approved for the first appearance for one year. After that, the Town Board has the option to extend it for a longer term. Councilman McPherson added that the duration of the extension has nothing to do with the fact if there are violations.
Councilman Bylewski said the recommendation was to modify the existing permit. He asked if this would start a new one-year permit? James Callahan said that is up to the Town Board. He would recommend, given that the changes are substantial enough, to classify this as a new application and issue it for one year. Councilman Bylewski asked the Town Attorney to review the wording so that we are not eliminating something that he already has a permit for.
Councilman Bylewski also asked if this project complies with the Master Plan? James Callahan said it is an existing restaurant, with an existing Temporary Conditional Permit, and it is the option of the Town Board to approve the expansion as proposed. He would identify it in terms of a new permit being issued. Town Attorney Steven Bengart said he agrees that the Town Board should consider this as a separate permit.
Councilman McPherson said it would establish the fact that if he is granted the permit for the new part of the project and that did not work out, he would still be allowed to operate his restaurant as he has quite effectively for some time.
Bob Tesmer, 8220 Clarence Center Rd. said he lives directly across from the restaurant and he is definitely in favor of the expansion. He commends Mr. Faletta for accepting the conditions because he believes they are awfully harsh for a businessman to accept.
With no one else speaking the subject, motion was made by Councilman McPherson, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
Councilman Bylewski said he still has an interpretation question as to whether this project complies with the Master Plan? It is an existing use. James Callahan said according to the official land use map, this area is identified as residential. The fact that there is an existing facility that is commercial in nature, it may continue. If it were a new proposal, certainly, it would not be allowed at that location. The Temporary Conditional Permit is approved by the Town Board, with conditions, to ensure that the impacts associated with it do not negatively impact upon the existing neighborhood. Further, after reviews, it will come back to the Town Board for architectural and functional approvals. Supervisor Hallock said the reason that came up about engineering is a problem on Clarnew with water. There was a suggestion that a pond could alleviate it. The engineer did not have the opportunity to look at it.
Motion by Councilman Bylewski, seconded by Councilman McPherson to adopt the following resolution:
Whereas, the Clarence Town Board has discretionary authority to approve and/or modify Temporary Conditional Permits;
Be It Hereby Resolved, that the Clarence Town Board approves a one-year Temporary Conditional Permit of Falletta’s Restaurant located at 8255 Clarence Center Road and allow the expansion for the construction of an addition with the following conditions as recommended by the Planning Board: a. a reduction of one curb cut on Clarence Center Road, subject to review by the Traffic Safety Board; b. subject to Town Engineer approval; c. planting and berming be added with approval of the Landscape Committee to protect adjoining residents, including the neighboring horse farm; d. outdoor lighting plan submitted for approval of the Town to protect adjoining residential uses; e. 12:00 a.m. closing time; f. no outside music, other than piped in light dinner music; g. limitation on parking to minimum required per law—reduced by 30 spaces furthest south from submitted plan to reduce impacts to adjoining properties. Any approved addition should be referred to Building and Engineering and Landscape Committee and would be subject to Open Space fees.
Other conditions imposed by the Town Board are: project will be sent back to the Town Board after all comments have been received for architectural style and functional approval.
On the question, Councilman McPherson asked if a time limit for getting the comments back to the Town Board would be appropriate? Town Engineer Latona said it will depend on how quickly they get their drawings, calculations and things of that nature. Councilman Kolber asked if it is stated which 30 parking spots are being eliminated? Councilman Bylewski said he will amend the motion to add to reduce the 30 spaces furthest south on the submitted plan. Councilman McPherson said he will amend his second with the comment that he agrees that some of the conditions are pretty harsh and he commends the applicant for being acceptable of them. Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Local Law amending Chapter 151, Plumbing and to consider revisions to the Plumbing Permit Fee Schedule. Town Engineer Joseph Latona said some of the changes include the following: change the composition of the Plumbing Board by adding an additional practicing plumber for a total of three; recommend licensing journeyman plumbers because we currently only license master plumbers which could leave an unlicensed plumber in the field; and insurance requirements compatible and commensurate with the license year. We are also recommending changes in the Plumbing Permit Fee Schedule.
With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Weiss to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Supervisor Hallock to adopt the following resolution:
Be It Resolved that the Clarence Town Board amends the Code of the Town of Clarence, Chapter 151 – Plumbing, amending said chapter by adopting Local Law No. 3 of the year 2004. This local law shall take effect upon filing in the Office of the New York State Office of the Secretary of State pursuant to section 27 of the Municipal Home Rule Law.
Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
Be It Resolved that the Clarence Town Board adopts a resolution amending the Plumbing Permit Fee schedule - revised March 10, 2004.
Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Local Law amending Chapter 121, Improvements, Public to become known as “Public and Private Improvements”. Town Engineer Joseph Latona said we currently have in effect a Public Improvement Permit, which requires a permit for installation and construction of highways, sidewalks, drainage systems, sewer systems and like systems on real property that will be used by the public. We would like to add to this law, the provisions that a Private Improvement Permit be required for the installation or construction of parking lots, private roads, drainage systems, fire protection mains and sidewalks for commercial, industrial, business or residential open development projects. It gives us the ability to inspect the drainage, pavement and things that ultimately do affect the public.
With no one speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Kolber to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
Be It Resolved that the Clarence Town Board amend the Code of the Town of Clarence, Chapter 121, amending said chapter by adopting Local Law No. 4 of the year 2004 to be know as Improvements, Public and Private. This Chapter was formerly known as Improvements, Public. This local law shall take effect upon filing in the Office of the New York State Office of the Secretary of State pursuant to section 27 of the Municipal Home Rule Law.
Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Local Law for prohibition of dual office holding. Councilman Bylewski said the purpose and intent is that the Town Board desires to remove any perceptions of a closed government as such perception can deter well-qualified people with diverse and varied backgrounds from becoming involved in governance of the Town of Clarence.
This Local Law would apply to any Town of Clarence agency, board, commission, committee and/or similar entity and prohibit any one person from simultaneously holding a seat on any two or more such entities without such person obtaining a supermajority approval of the Town Board and without the Town Board specifically setting forth its reasons thereof.
It would not affect any citizens newly appointed to any Town agency, board, commission, etc. that are appointed there as a member of any agency, board, commission, etc. It does not apply to elected officials or citizens who are otherwise permitted or required to serve on another agency, board, commission, etc. as a member.
Councilman Bylewski said he spoke with a few committee members who had some concerns with the law regarding the prohibitions considering that they serve on multiple committees. They both serve in an outstanding manner. This law will not prohibit them from serving on the committee. He does not see where they would have a problem.
The Supervisor received a letter from Andre Pigeon who serves on the Inter-Community Committee. He is in favor of the proposal.
Councilman Bylewski spoke with Mark Davies, Executive Director of the New York City Conflicts of Interest Board and mentioned that there was concern of not enough volunteers to go around. Mr. Davies statement was that he does not buy that argument and such an item would be applicable to the Town of Clarence. The Town Attorney did some research on towns who have similar such laws.
The 2000 Census shows that the Town of Clarence female population is 51.5%. In a study conducted by Erie County, female representation on Town committees is only 27.2%.
Susan Ballard, 8760 Fairbrook Ct. said prohibition seems to be a very strong word. She is disappointed that the Board would consider a law that would discount citizens who wished to serve on more than one committee. They should be commended for giving of their time and talent generously. They should not be legislated out of their positions. The Town Board has the power to make appointments using their judgments that the citizens voted them into office to use on their behalf. She believes the Town would be better served to encourage people to serve. Ms. Ballard said Mr. Davies comments strike her as an involved woman in the community. Apparently, women do not represent themselves as well as they should. She does not feel that we even get enough people into the building for meetings, let alone, get them to show up to monthly meetings. She gives up three hours, twice a month out of her workday to serve on the Senior Center Board. She does not see a lot of others who do.
Joanna Pickering, Goodrich Rd. said she agrees with the previous speaker. While the proposed law is intended to achieve wider participation, she feels it sends the opposite message. There are undoubtedly situations when serving on one or more boards may be unwise. There are other times when it is highly advantages. It is also difficult at times to fill positions and they remain vacant for many years. She suggests that instead of initiating a blanket policy, the Board take a closer look at their yearly appointments and as terms expire, review the list of candidates available and appoint different individuals where there is a conflict of interest or simply to infuse new blood. People could reapply after a year of not serving. It is not as easy, but still encourages participation.
Renee Desai, 5160 Ledge Lane said the population has grown over the last 10 years and there might be a lot of people available who want to serve on the committees. She believes this is a very good law.
Councilman McPherson said he is very much opposed to this as he was last year when it was a unanimous vote by the Town Board for anyone to serve on more than one committee. We already have a mechanism in place should the Town Board not have someone serve on more than one committee. It is called Democracy. He does not believe this effort is to broaden participation, but more than to establish rather than a super majority, the existence of a super minority where two people can negate the will of the majority of the Town Board. He does not think that the 8 or 9 people who serve on more than one committee are keeping anyone else from serving. Over the years we have not had that many applications from people who would like to serve. The Town Board has gone on record encouraging anyone who wishes to participate to step forward. He thinks this is a negative influence.
Stephen Murtaugh, 5109 Willow Brook Dr. said he has been involved on several committees over the last 9 or 10 years. He has also attended other meetings to see how the various committees function. He is concerned about the proposed legislation because people who serve on committees also recruit others with special skills. The Town Board makes all of the appointments and reappointments. The blame is on the Town Board, not the people. The Landscape Committee, for example, is comprised of people from other committees because of their expertise in that particular field. This has occurred on other committees for the same reason. The people serving on multiple committees that he has witnessed put in a lot of time and effort without complaints. He is confused because this law was first proposed before the organizational meeting and the people serving on multiple committees were appointed. There are situations when serving on multiple committees is helpful. We need a recruitment program to advise people what kind of skills are needed and on what committees.
Councilman Weiss said he thinks this law almost forces recruitment. If we need to have the “all stars”, such as Mr. Murtaugh, it allows us to do that. He likes it because it forces us, and the committees to go after the talent.
Mr. Murtaugh said he has spoke to different chairman of certain committees and there are empty seats and people who just warm the seats. Some refuse to take assignments or participate. He thinks the liaisons should talk to these people. Councilman Bylewski said he has done that and Mr. Murtaugh should report that to the chairman or liaison.
Supervisor Hallock said she announced openings last fall and she received 20 – 30 applications.
Councilman McPherson said he does not think one more vote or passing a local law will change a thing. It is totally unnecessary. The Town Board already has the power and authority for all of these issues.
Councilman Kolber said he has mixed feelings about this law. He does not like a negative to try and make a positive. He hates to penalize people who are willing to put in the time and effort.
Councilman Bylewski said it also recognizes those who put in the effort. The purpose behind a democratic government is the majority protecting the minority.
Councilman McPherson said in this instance, you would have the minority overruling the majority.
Frank Kennedy, 4540 Gentwood Dr. complimented Councilman Bylewski on his motion. The members of this Board were given the majority of the vote to make changes for the better for this town. He congratulates people who have done a lot of work on these committees. The concern is that there was an abuse of this throughout the years. It encourages more people to participate and he is all for it.
Howard Melancon asked how many of these committees require that you are a member of the two major political parties? At one time, you had to be a member of one particular party or you would not be appointed.
Councilman McPherson said that is not true. Since he has been here, he has appointed people from all parties.
Mr. Melancon said he went before the Republican Party and was told he had to join before he could serve on a committee.
Susan Ballard said she hopes that people who step forward and criticize the system are willing to submit applications.
Kevin Curry said he sits on the Youth Center Board and there are a number of openings on that Board and have been for a number of years. He was interested in serving on the arboretum committee and to contribute his time and money to be involved in that project. When he heard of this pending legislation, he decided to step back. It will drive him away from wanting to contribute more.
With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried
Councilman Bylewski said all of the appointments and reappointments made at the organizational meeting were done by a unanimous vote. He feels that serving on multiple committees is a special exception and should require a supermajority vote.
Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
Be It Resolved that the Clarence Town Board amends the Code of the Town of Clarence by adopting Local Law No. 5 of the year 2004 to be known as “Prohibition of Dual Office Holding.” This local law shall take effect upon filing in the Office of the New York State Office of the Secretary of State pursuant to section 27 of the Municipal Home Rule Law.
Upon roll call – Ayes: Councilmembers Weiss and Bylewski; Noes: Councilmembers Kolber, McPherson and Supervisor Hallock. Motion lost.
Tim Sherry, President of Concern, Inc., a group of about 5,000 people formed last fall after the announcement of a potential casino in the area of Transit and Genesee. They believe this is of great concern for this area including the Town of Clarence. The group does not oppose gambling per se, but are worried about all that it entails so close to residential areas. They believe that a large casino complex will end up in the area between Genesee and Pfohl. Mr. Sherry showed maps within a two-mile radius of that location which includes the southwest corner of Clarence.
Mr. Sherry said there are a number of community impacts that Clarence should be concerned about. Traffic – approximately an average of 20,000 people per day would attend from all directions. It would only add to the Transit Road situation. This also runs off and impacts secondary roads. Public Safety – studies show 84% higher crime rates; and drunk driving issues. Adverse Impact to local businesses – restaurants, shops, gas stations, etc. Law Enforcement – increase for service happens over time. Financial Costs – increase in taxes because expansion of facilities is allowed through eminent domain and removes property from tax rolls. Addiction to gambling becomes a serious social issue.
Monica Wallace spoke about the legal impacts. We are talking about a sovereign nation that will no longer be a part of the State of New York. They do not have to follow any local regulations dealing with zoning or SEQRA. It is not just a casino, but also a complex that can include restaurants, hotels, smoke shops and gas stations.
Ms. Wallace said before a casino is permitted on any property, there must be a finding by the Bureau of Indian Affairs that the casino will not have an adverse affect on the surrounding community. There is a loophole to that statute. They plan to acquire the property under the Seneca Settlement Act, which gives them the opportunity to acquire it without the requirement as not being compatible to the surrounding community. If you do not speak now as a neighboring Town, you will lose the opportunity to object to this being plopped down in the middle of suburbia. She has heard several people speak tonight about the character and quality of life. If this passes, that will change in the next few years.
Ms. Wallace said if Clarence joins the other towns in speaking out, there might be an influence on the Governor and other representatives regarding the issues. The Town could write a letter or adopt a resolution, as was done in Lancaster and Depew, voicing opposition and stating that if the casino comes here, we will be sharing a lot of the burdens and we fully expect to share some of the benefits. Ms. Wallace introduced Beverly Brunner who has a personal story bringing home the issue of how a casino can adversely affect the lives of the residents.
Beverly Brunner, 9279 Clarence Center Rd. said she moved to Clarence 25 years ago and raised her seven children here. Six years ago her husband was driving to work on River Road and a young man crossed the centerline. Her husband was in the hospital for two weeks and was supposed to be coming home for a long recovery. That day, he succumbed to his injuries. It was the result of a young man driving home under the influence of alcohol and after being at the casino all night long. He fell asleep and it cost this family their husband and father. She wants her children to be able to drive where they need to go safely. She asked the Town Board to consider doing what Concern has asked.
Supervisor Hallock said she has the study presented by Concern, Inc. in her office if anyone is interested.

Tony Feroleto requests a Fill Permit for development of a new home at 6095 Strickler Road. James Callahan said the location is the east side of Strickler Rd. adjoining the Peanut Line. The Master Plan identifies this area to remain in an Agricultural/Rural Residential classification. Pursuant to the Dumps and Dumping Law, the Town Board has discretionary authority to approve Fill Permits. The Town Engineer forwarded conditions that include the existing grade elevation must not be altered within three feet of any property line and no fill extending into the bike path right-of-way. As previously discussed, the Town Board should identify the source of any fill.
Mr. Feroleto said the fill is coming from a construction site and he has been guaranteed that it is clean. Councilman McPherson asked that he submit information to that effect to the Engineering Office. Mr. Feroleto said he will when the time comes. Town Engineer Joseph Latona said we would like the information in writing before fill is being hauled in. Mr. Feroleto said he will get that. Councilman Bylewski said what if there is a possibility of contamination coming from a NOCO site? Mr. Latona said he would have to be tested. Mr. Feroleto said he would not be interested in fill from a NOCO site.
Motion by Councilman McPherson, seconded by Councilman Kolber to grant a Fill Permit for development of a new home at 6095 Strickler Road, subject to the applicant providing the proper information regarding the source of the fill to the Town Engineer. Upon roll call – Ayes: All; Noes: None. Motion carried.

Mary Dittenhauser requests a Change-In-Use from vacant former toy store to coffee bar, yoga room, massage therapy and retail shop at 6281 Transit Road. Eric Dittenhauser said they are looking to convert the facility as is and just upgrade. James Callahan said there is an existing parking area that satisfies the space requirement for that use. Mr. Dittenhauser said they intend to reside and install new windows. They are looking for a more refined colonial look for it. Councilman Bylewski asked if architectural approval is necessary? Mr. Callahan said only if it is a significant change. Mr. Dittenhauser said they also would like to put in exterior gardens and fencing in the back area. He has a drawing being worked on by Metzger Engineering.
Motion by Councilman Kolber, seconded by Supervisor Hallock to refer the request for a Change-In-Use from vacant former toy store to coffee bar, yoga room, massage therapy and retail shop at 6281 Transit Road to the Planning Board. On the question, Councilman Bylewski asked what the parking requirement is in the Major Arterial Zone? James Callahan said one space per 150 sq. ft. of commercial space. Upon roll call – Ayes: All; Noes: None. Motion carried.

Paul Kowalski requests a Temporary Conditional Permit to allow a site contracting, landscaping and firewood business in the Agricultural Zone at 6555 Heise Road. James Callahan said it is located on the east side of Heise Rd., south of County Rd. in the Agricultural Zone. Mr. Kowalski said there is open land and a metal building on one side.
Motion by Councilman McPherson, seconded by Supervisor Hallock to refer the request for a Temporary Conditional Permit to allow a site contracting, landscaping and firewood business in the Agricultural Zone at 6555 Heise Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Dr. Ismet Hallac requests a Building Permit and Architectural Approval for construction of a 3,700 sq. ft. addition to existing plaza at 5445 Transit Rd. Dr. Hallac said the last addition was three years ago. At that time, studies were done for drainage, sewage and everything in anticipation of further additions. The pizza store would like to expand and a carpet store would like to relocate to this area. Supervisor Hallock said the Planning Board would like to look at the access management.
Motion by Supervisor Hallock, seconded by Councilman Kolber to refer the request for a Building Permit and Architectural Approval for construction of a 3,700 sq. ft. addition to existing plaza at 5445 Transit Rd. to the Planning Board. On the question, Councilman Bylewski said the question regarding access management is to see if they can tie in with the Valu Plaza. Dr. Hallac said he has tried to do that for 10 years and has even offered to pay for it. He would be very happy to have that accomplished. Upon roll call – Ayes: All; Noes: None. Motion carried.

Domenic Piestrak, Spaulding Greens, LLC requests Concept Plan Approval and rezoning for development of a multi-use development east of Goodrich Rd., north of Greiner Rd. known as Spaulding Greens Development. Domenic Piestrak said this is part of the pollution abatement plan for the Hollow. His intent was to submit something different. It is not what it implies. Environmentalists have promoted this type of project. He welcomes the idea of holding a public meeting to discuss a project. He proposed a golf course community, but the rules and stipulations in the Town make it impossible. He is putting a lot of money into sewer. If the Town Board feels they want to take it off the board for consideration, he has no objection.
Councilman Kolber said he has received more comments on this than anything else and not one positive.
Councilman Weiss said he spoke with Mr. Piestrak. He put it on the agenda, so that we did not leave this project in limbo. It is not in compliance with the Master Plan. There are infrastructure issues. We want to clarify that this particular plan is not being considered.
Mr. Piestrak said he is open. He has submitted another plan already. He has talked to his engineer about keeping the back section and changing the front. Councilman Weiss said that is contrary to what he said about starting with a clean slate. He asked why he would do that without input and causing an expense.
Supervisor Hallock said we sometimes worry that if a project they are not comfortable with is advanced, the developer would spend a lot of time and money unnecessarily.
Motion by Councilman Weiss, seconded by Councilman Kolber to deny the request for Concept Plan Approval and rezoning for development of a multi-use development east of Goodrich Rd., north of Greiner Rd. known as Spaulding Greens Development. On the question, Councilman Bylewski said the firm where he is an associate has represented corporations that Mr. Piestrak is involved in, however, this is not one of them. Councilman Bylewski said rather than reiterate all of the comments he made regarding this project at the last meeting, he makes reference to them for the purpose of these minutes. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant approval of the following: Clubhouse Applications – A. Clarence Little League Football – Mar 18 & Apr 25, 2004; B. Harris Hill Men’s Club – Mar 19, 2004; C. Clarence High School Rifle Team – Mar 24, 2004; D. Rock Oak Tennant’s Association – Mar 25 & Apr 29, 2004; E. Clarence Welcome Wagon – Mar 26, 2004; F. Clarence Women’s Club – May 4 & 5, 2004; G. Clarence Hollow Association – May 17, 2004. Legion Hall Applications – A. Swallow Creek Homeowner’s Association – Mar 15, 2004; B. Rosemary Klein – Mar 19, 2004; C. Louis Burgess – Mar 28, 2004; D. Darcy Snyder – Apr 11, 2004. On the question, Councilman Bylewski said he is a member of Clubhouse item G and Legion Hall item A, however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper and review by the Town Board, the following bills of March 11, 2004 are approved for payment: General Fund - $130,700.26; Highway Fund - $15,724.47; Water District - $34,794.26; Central Alarm - $89.33; Fire District - $405.20; Drainage District - $130.95; Wastewater Districts - $15.22; and Sewer Districts - $24,084.04 for a total amount of $205,943.73. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”
Frank Kennedy, 4540 Gentwood Dr. said something came back from the DEC and they disavowed any control at all on the fill that comes into the Town of Clarence. Somebody should be responsible for it, especially coming from urban areas. The fill for Roxberry came from a big gas station. It could be a large problem in the future. He will forward a copy of the letter to the Town Engineer.

Robert Snyder, 9498 Boxwood Dr. said he is happy in Hidden Pond, but when Domenic talks about grandiose plans for the future, you have to think about what he has not done. Mr. Snyder said he was given a list of restrictions when he moved in regarding fences, decks, etc. One neighbor said he was told he could do something by Mr. Piestrak and another said he had it in writing. These were violations of the restrictions. This puts neighbors against neighbors.
There are also common areas, which they are supposed to kick in money for maintenance. Again, some people do not contribute.
Mr. Snyder said there are trucks coming through the development. They were given Mr. Piestrak’s phone number in case of this and he has not been able to reach him. The point is he makes the plan and builds these things and then leaves certain details aside.
Councilman Bylewski asked who has ownership of the common areas? Mr. Snyder was not sure. Councilman McPherson said we often suggest that you form a homeowners association to handle these situations. The Town cannot get involved. Mr. Piestrak said there are deed restrictions and he cannot enforce them.

Kevin Curry, Heather Ct. said thank you, on behalf of the Clarence Sports Coalition, for authorizing expenditure of funds for engineering of Memorial Park. The organizations look forward to continuing to work with the Town. They also understand that they will also be contributing sweat equity and dollars in development of the park.

Supervisor Hallock adjourned the meeting at 10:50 P.M. in memory of Edward Spoth.

Nancy C. Metzger
Town Clerk