A Work Session of the Clarence Town Board was held on March 23, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.
Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Joseph Weiss, and Bernard Kolber. Other Town Officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Deputy Supervisor Anne Case and Director of Administrator of Finance Pam Smith.
Director of Community Development James Callahan
Lou Visone 9300 Main Street
The proposed site is located on the north side of Main Street, east of Thompson Road. Applicant is proposing to convert existing motel into 11 apartment units. There is adequate parking in the front of the building.
Calvin Caruso 6705 Transit Road
The proposed site is located on the east side of Transit Road, south of County Road. Applicant is requesting approval to develop a car wash on the property. Applicant is seeking approval without a Planning Board recommendation.
Formal Agenda items:
Vito Pace 485 Salt Road
Applicant is proposing to develop at 3-lot Open Development area. The proposed sited is located on 8.26 acres of vacant land in the Agriculture Zone on the east side of Salt Road, north of Greiner Road. The Planning Board has forwarded a recommendation with conditions.
Judy Turco 6000 Goodrich Road
The proposed site is located on the west side of Goodrich Road, north of Clarence Center Road. Applicant is proposing to occupy existing vacant space in the Eschelmann Building as a pastry shop. The existing space may be occupied as a commercial use but parking is a concern at that corner.
Work Session items:
Cliff Chadwell 9825 Main Street
The proposed site is located on the south side of Main Street, east of Gunville Road behind the existing Start Police barracks. Applicant is requesting approval to relocate an existing automotive repair facility (Sheridan Sales) to this existing storage/commercial structure located on 2.7 acres in the Commercial Zone. Per the Zoning Law, a Special Exception Use Permit will be required for an automotive repair facility.
Susan Martin 8584 Main Street
Applicant is requesting approval to convert an existing former doctors office into a tailor shop with office space in the front of the building. The structure is to remain the same however; it is a Change in Use. The proposed site is located on the north side of Main Street, east of Harris Hill Road in the Traditional Neighborhood District.
Cesar Banach 8500 Roll Road
Applicant is proposing to construct an addition to existing warehouse (septic system) and develop a 75 x 200 sq. ft. professional office building. The existing warehouse is home to a roofing company located on 6.13 acres in the Residential Zone. The property was zoned commercial under the former Zoning Law. Applicant had previously submitted a plan for housing. The proposed site is located on the northwest corner of the intersection of Roll Road and Harris Hill Road. Issues with this project include: conflicts with the new Zoning Law, the proposed site is located in a Flood Zone and there is an issue regarding sewer hookup.
New Hope Presbyterian Church 6969 Strickler Road
Applicant is proposing to add a 7,500 sq. ft. addition to the existing facility for an indoor recreational facility at the existing church campus located on 57+/- acres in the Agriculture Rural Residential Zone. The site is located on the east side of Strickler Road, north of County Road. The overall size of the structures will exceed 10,000 square feet. A Special Exception Use Permit will be required.
Tim Berndt 8185 Goodrich Road
Applicant is requesting a permit to demolish an old farmhouse to allow for construction of a new home. The existing house is located on the east side of Goodrich Road, opposite Sesh Road intersection on 3+/- acres in the Agriculture Flood Zone.
Supervisor Kathleen Hallock
Chief Donovan from the Erie County Sheriff’s Department has informed Supervisor Hallock that two eleven year olds have confessed to the vandalism on Hedgewood Drive. A representative from the Sheriff’s Department will give a report at tonight’s meeting.
Supervisor Hallock e-mailed everyone about an appointment to the Ethics Board tonight. All the applications being considered have been in circulation for some time. Ethics Board Chairman Steve Murtaugh is recommending the Town Board go forward with two actions he is requesting. The Town Board was in favor of going forward with the appointments.
Summit Federal Credit Union is requesting the use of the Town Hall auditorium on April 4th and/or 5th for employment interviews for their new facility. The Library only allows non-for-profits to use their facilities. It was the recommendation of the Town Attorney not to set a precedent.
Supervisor Hallock has a resolution in connection with Highway Work Permits and a Resolution regarding Autism Awareness Month.
Highway Superintendent Ted Donner and Supervisor Hallock will be meeting again with other Towns and Villages regarding Highway issues. Several representatives from the County have also been invited to the meeting.
The agenda for the May 4, 2005 morning Work Session will include representatives from YMCA at 9:15 A.M. Also scheduled will be Tom Malecki from Drescher & Malecki.
Bob Rogers from AMTEK was here March 11th to give “Reasonable Suspicion Training” to supervisors of employees holding Commercial Drivers’ Licenses.
The Nature Center improvements are proceeding nicely. Clarence Rotary has arranged for donations and the Parks Department is working on the bathroom facilities. There is another meeting scheduled for March 31st. The Nature Center application will have to be revised.
Senator Rath is sponsoring a $10,000 grant for Walk the Villages it pertains to Williamsville, Kenmore, Akron and Clarence. The program is a health initiative encouraging people to walk. They are requesting a banner across Main Street. Supervisor Hallock said the banner conforms to the NYS DOT specifications and she will proceed with the permit process. The Highway Department will install the banner across Main Street east of the Main Street Park.
There are two interviews scheduled tonight for Youth Center Director.
Applications for the Planning Board will be accepted until April 6, 2005.
Councilman Ian McPherson
Councilman McPherson has an amendment to the last Town Board meeting minutes regarding the Senior Van purchase.
American Legion Post #838 is requesting approval to parade down Main Street on Memorial Day.
Councilman Scott Bylewski
Councilman Bylewski has received the signed contract for Twin City Ambulance.
Councilman Bylewski has received the Consolidated Report on 2004 Local Land Use Law Violations.
The Municipal Review Committee has issued four recommendations on various projects.
The Planning Board is looking for a date to schedule a joint meeting with the Town Board. The May 12th date will not work out. Councilman Bylewski will work on another date.
As a result of the new Zoning Law, the Town has formalized a Community Character Protection Board. Right now any projects that come up in Clarence Hollow Traditional Neighborhood District we refer to the Hollow Association Architectural Review Board. Our law requires the Town Board make an appointment to the Community Character Protection Board. It was suggested we formalize the existing Hollow Association Board.
Adelphia Cable has notified the Town that beginning March 21, 2005 they will be providing on-going maintenance to our cable system. To minimize television-viewing interruption to Town residents, maintenance will be done between 1:00 A.M. and 5:00 A.M.
Councilman Bylewski has a Resolution regarding the Trade Deficit and the difference and disparity we have been incurring with other nations. It calls upon the Federal Government to take appropriate measures to modify the Free Trade Policy so that it is more equal and fair regarding the international policy. Supervisor Hallock asked what the modifications are; Councilman Bylewski will provide more information at the next meeting.
Councilman Joseph Weiss
At the last Town Board meeting Councilman Weiss handed out a draft of a Local Law regarding private snow plow operators. We have received numerous complaints regarding private contractors plowing snow into the roadways etc. and both the present and past Highway Superintendent have said this is a problem and requested something be done. It was discussed that enforcement and policing is an issue. It was further suggested that an article be published in the local paper indicating the problems that have occurred and if issues cannot be resolved, it may be necessary that all private snowplow contractors doing business in the Town of Clarence be licensed.
Councilman McPherson suggested that any problems be directed to the people contracting with private snowplow operators.
Councilman Weiss said that the house at 5329 Green Valley is being demolished. Some of the bricks and the keystone over the windows have been saved. Councilman Weiss will check with Highway Superintendent Ted Donner to be sure the bricks have been moved from the site. Councilman Weiss will give an update on the Medicaid seminar given by Senator Mary Lou Rath.
Councilman Bernard Kolber
Councilman Kolber will appoint Anita Ballow to the Library Board, her term will expire 12/31/2009.
The Department of Motor Vehicles is still operating their satellite office in the Clarence Public Library until further notice every Friday from 10:00 A.M. until 3:00 P.M.
Town Attorney Steven Bengart
Supervisor Hallock has received several inquires regarding “Take your child to work day.” Town Attorney Bengart will issue a memo indicating several stipulations such as no traveling with your child in a town owned vehicle, no use of heavy machinery etc.
Sprint has sent an agreement they would like the Town to sign. They would like to sublease their site that we have a lease with them for a tower to Global Signal. Town Engineer Latona stated that we have satellite dishes on that tower and we have had difficulties with Sprint in the past relative to adjusting dishes and radio receivers. Mr. Latona further stated that we need to notify Sprint that they need Town Board approval before they can sublet it to someone. Town Attorney Bengart will draw up an approval with a clause addressing the Town’s concerns.
Deputy Town Attorney David Donohue will discuss the Certificate of Incorporation for the Youth Center at the April 7, 2005 morning Work Session.
A Public Hearing will be held this evening regarding the formation of a garbage district. Nathan Neal will run the Public Hearing. There are only two towns in Erie County that do not have a garbage district - Clarence and Hamburg. Hamburg had a public hearing approximately two weeks ago and they will now be forming a garbage district.
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 matters leading to the appointment of a particular person. Upon roll call - Ayes: All; Noes: None. Motion carried.
There being no further business, the Work Session adjourned at 7:00 P.M.
Darcy A. Snyder
Deputy Town Clerk
Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:20 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.
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 matters leading to the appointment of a particular person. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:30 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.
Regular meeting of the Town Board of the Town of Clarence was held at the Clarence Town Hall, One Town Place, Clarence, New York on Wednesday, March 23, 2005.
Supervisor Kathleen Hallock called the meeting to order at 7:32 P.M. Councilman Bernard Kolber led in the pledge to the flag, followed by a prayer given by Barbara Kautz of the First Presbyterian 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, Town Engineer Joseph Latona, Deputy Supervisor Anne Case, Assessor David Folger, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.
Sr. Detective Charles Tirone of the Erie County Sheriff’s Department said on Sunday, March 20, 2005, they began to receive complaints of automobiles vandalized in driveways. There were approximately 21 calls of tires being slashed, automobile damage, and damage to new built homes in the Hedgewood, Ericson, Vernon Circle, Arondale Drive area. Leads were developed late Monday evening and after conference with an attorney, a family came forward with their 11 yr. old child. By the end of this week, an 11 and 12 yr. old will be charged with the appropriate charges in Family Court. Detective Tirone said the State Police also had numerous reports that they have turned over.
Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held March 2, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of the previous meeting held March 9, 2005 as received. On the question, Councilman McPherson said he had an addition to page 85 in regard to the purchase of the Senior Center Van. Two of the reasons for selecting Gorman Enterprises, which was not the low bidder, but the low responsible bidder, were that the Gorman unit is 3 inches shorter to fit under the overhang; and two, Gorman is in Elma and the other company is in Chittenango. It would be much easier for maintenance purposes. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint the following individuals to the Ethics Committee: Faith O’Neill Badhorn with term to expire 12/31/08; Joseph Thoman with term to expire 12/31/08; and Hans Mobius with term to expire 12/31/05. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt a proclamation designating the month of April as “Autism Awareness Month” in the Town of Clarence, and recognizing the dedication of Autistic Services, Inc.’s staff and professionals and their commitment to promote public awareness of the programs available to individuals with Autism. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution, subject to review by the Town Attorney:
IN WITNESS THEREOF, the Town of Clarence has caused this instrument to be signed by the Town Supervisor authorized by resolution of its Town Board, a copy of which is annexed hereto.
Supervisor Hallock announced that the Town Supervisor and Village Mayors are meeting again tomorrow with Highway Superintendents regarding the County budget crisis. The County Executive, the Legislative Majority and Minority Leaders, the Acting Commissioner of Public Works, Erie County Personnel Commissioner and the Chairman of the Erie County Legislature have been asked to attend the meeting.
Supervisor Hallock reminded everyone that there will be a Public Input Meeting on Monday, April 11, 2005 at 6:30 P.M. in the Town Hall auditorium for the Parks and Recreation Master Plan. There will be maps displayed for review, a presentation and opportunity for the public to speak. All comments will be considered for the final document.
Motion by Councilman McPherson, seconded by Councilman Kolber to grant permission to the American Legion Post 838 to host their annual Memorial Day Parade on May 31, 2005 along Main Street beginning at the Clarence High School at 11:00 A.M. proceeding to the Clarence Town Park, 10405 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski received the Consolidation Report on 2004 Local Land Use Law Violations from the Planning Department. Violations included the following: 46 – Abandoned Vehicle Law Violations; 46 – Sign Law Violations; 23 – Zoning Law Illegal Use Violations; 22 – Solid Waste Ordinance Violations; 5 – Clearing, Filling and Grading Law Violations; and 32 – Others (includes property maintenance, parking, fences, noise, etc.) for a total of 174 cases. All cases are closed and of the total, 19 involved local court action.
Councilman Bylewski deferred to James Callahan for the 23rd update on the action items while we are under the moratorium.
Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee (MRC) and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed home demolition at 7980 Northfield Road. This Type I Action involves the demolition of a single-family home built prior to 1950. After thorough review of the submitted Environmental Assessment Form by the MRC and the Town Board, it is determined that the proposed action will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee (MRC) and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the adoption of the proposed amendments to the Town of Clarence Subdivision Local Law. This Type I Action involves the adoption of a comprehensive update to the Town of Clarence Subdivision Regulations. After thorough review of the proposed amendments and the Environmental Assessment Form, by the MRC, Planning Board and Town Board, including coordinated review among involved agencies, it is determined that the proposed action is consistent with the adopted Comprehensive Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee (MRC) and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency and will commence a coordinated review of the involved agencies on the proposed DeRose Open Development Area located at 5131 Kraus Road. This Unlisted Action involves the development of a 4-Lot Open Development Area as an extension of an existing private drive in the Residential Zone. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Rails to Trails completion of the Peanut Line Recreational Trail. The Planning and Zoning Department and the Engineering Department have reviewed the prepared Plans and the Environmental Assessment Form on the proposed Rails to Rails completion of the Peanut Line Recreational Trail. This Unlisted Action involves the completion of the Peanut Line Recreation Trail as designed. This action is consistent with the adopted comprehensive Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski received a letter from Adelphia, dated March 17, 2005, stating that beginning March 21, 2005 they will be providing ongoing maintenance to the cable system. To minimize television-viewing interruption, any non-emergency maintenance will be done between the hours of 1:00 A.M. and 5:00 A.M. Homes impacted by the work will be notified during the day by Adelphia representatives knocking door to door. They will place a door hanger on the homes with no answer. All workers will be properly identified as Adelphia employees or contractors of Adelphia Cable.
Councilman Weiss said he attended Senator Mary Lou Rath’s meeting regarding the Medicaid problem. There are some good people working on the issue, but it appears that we are facing serious opposition downstate. Everything revolves around need and greed. They addressed the need, but not the greed. He believes that they need to look at the hospitals, clinics and physicians who use the system more for their own benefit than they should. He also hopes that people contact their legislators about this serious problem.
Councilman Weiss said that he and the Supervisor have met with Joe Meacham, the head of our Security Department and he will be making a presentation to the Town Board regarding a higher standard of training for some of our security people. They will also be more involved with the State Police and the Sheriff’s Department.
Councilman Weiss said they are inviting more organizations to become involved with “Day In the Park”. We need to invigorate more people to be involved. A meeting is set for tomorrow morning at 7:30 A. M. If anyone is interested, they should give him a call.
Motion by Councilman Kolber, seconded by Councilman Bylewski that upon recommendation by the Library Board, Anita Ballow is appointed as a member to the Clarence Library Board with a term to expire 12/31/09. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Kolber said the Dept. of Motor Vehicles is still open at the Library on Fridays from 10:00 A.M. to 3:00 P.M. We do not know for how long that will be.
Supervisor Hallock also suggested that if people write to their legislators regarding Medicaid, they also include Gov. Pataki, Sheldon Silver and Joseph Bruno, the three men in a room at the State level.
Supervisor Hallock moved to item 11, the Public Hearing to consider the Refuse and Garbage District. She asked everyone to limit his or her comments to three minutes. Attorney Nathan Neill was hired by the Town to help with the formation of the District.
Joel James, 4995 Alexander Dr. thanked the Town for the postcard letting everyone know about this issue. He said the lowest price is not always the best value. His vendor picks up all the garbage he puts out and to him that is a great value. The principal of private free market enterprise is very important. Private competition is also a good thing and he gets to decide. The cost would be controlled by the government and we do not always know how that will go. This should be very carefully considered. The water bills have gone up considerably in the last three years, which is controlled by the government and he does not have any control. Businesses will still have to be picked up, so the ideas of other trucks and refuse out on different days will still exist. He does not feel that some of the issues are properly clarified at this time. The $5 charge to those who do not fit in constitutes an increase in their taxes.
Ruth Schultz, representing Rock Oak Homeowners Association said they have over 300 mobile homes in their park. They pay $100 per year because of the closeness of their properties. They pay their taxes through their rent. Supervisor Hallock said the plan is not to include the mobile home parks. Mrs. Schultz said they are happy with what they have.
Zen Deputat, 4877 Kraus Rd. said he is happy with his vendor. His road is an extension of Kraus Road of approximately 1,200 ft. and do not have any road services. They are concerned as to whether or not the vendor would come down their street or would they have to haul their garbage to the end. Right now the vendor does come down to each home.
Bill Eberhard, 9000 Hillview Dr. asked if the Town will require a performance bond? Supervisor Hallock said yes. Mr. Eberhard said he spoke with PSI Disposal and he will not be able to afford a performance bond, which would eliminate him from the competition. He likes the freedom of choice. He knows that everyone on his street can take their garbage to work with them and do not have to drag cans out to the street. He appreciates that the Town is trying to save him money, but he would like to have the right not to have to have garbage pick up.
A resident of Hillview Dr. said he likes the freedom of choice. Government takes over one thing and then another and another. He does not pay for garbage pickup, because they take it to work.
David Sommer, 5308 Mayfield Ct. said he does not use the service. He puts it in the dumpster at his shop. He feels the way the assessment has gone up around here is ridiculous. He asks that the people who do not pay anything for this service also be considered.
Peter Jackson, 7039 Salt Rd. said he is opposed to the garbage district because it is going to be a tax. He owns several properties, which will not use the service. He suggests that the Town negotiate the rates for the Town like the cable company, but the residents pay the bill. There a lot of people who are snowbirds and leave Town for 4 to 5 months and they discontinue service while away.
Councilman Bylewski said the Town cannot negotiate the cable rates. It is done at the Public Service level. The franchise agreement with Adelphia is non-exclusive, so any other company can come in.
Ken Arno, 10205 Lapp Rd. asked if the Town was going to add any new jobs? Councilman Kolber said no. Mr. Arno asked who you would go to with complaints. Supervisor Hallock said she receives a lot of complaints now, and would assume that would continue with a startup of a new program. Mr. Arno asked about the $5 charge. Town Attorney Bengart said it is not an opt out. Mr. Arno said then he wants the Town to keep their hands off his garbage.
Paul Schwabel, Willow Lake Ct. said he goes away for the summer and cancels his service. He does not see that option here.
Someswar Kasibhatla, 4129 Oakwood Dr. said they are happy with their current vendor. His recent bill was $159. He sees that as the last Town, we would be last in the pricing structure also. He would like to have the choice. Councilman Kolber said in checking with the vendors, we did not come across that low of a rate. Mr. Kasibhatla said he has a 2-year contract.
Ted Donner, Supt. of Highways said he is well aware of the excessive garbage truck traffic on our roads in our subdivisions. They cause premature wear on the storm sewer receivers and to our roads. They hinder road maintenance during the short summer. He is in favor of the proposed garbage district. Councilman Weiss asked what the cost would be. Mr. Donner said it is difficult to place a dollar amount, but as an example, he has a 5 to 6 person, full time storm sewer receiver rebuilding crew. They can show the failure of the receivers because of the heavy truck traffic.
Ralph Fink, Candlewood La. asked why our garbage costs are so high to begin with. We should see if other communities had the same issues and questions and how they addressed them. He likes his current vendor and he feels they have done a good job in his area. Consideration should be given to those who do not use the service year-round. He believes there are a lot of answers needed before this is done.
Barbara Weaver, 5326 Park Ledge Ct. said that she and her son pay over $800 per year for garbage pickup at their business. They also put their household garbage there. This proposal means they would be charged an additional $5 at their business and then $150 on each of their homes. She is more for negotiating a fee, but allowing everyone to pay their own bill according to their own needs.
Pete Barden representing Waste Management said this is not a complicated situation. It is a question of choice versus price. There are probably 20 or more price scenarios just from his company. There is nothing wrong with being the only town not going to a district. He does not see any contract with all of the different price scenarios because it would be too difficult to manage. If he had his choice, he would keep it with private subscription.
Allene Falk said she has long been chagrinned that there are trash cans on her street three days a week. As a resident concerned about energy conservation, she is in favor of cutting the number of trucks driving and idling on streets by 2/3. Not to mention, the wear and tear on the streets. As a penny pincher, it makes sense for the Town to strike a better deal than the homeowners can individually. It seems it would be attractive to the contractors. She hopes it can be worked out for the benefit of all of us.
Ryan King, 6236 Balsam Fir Ct. said he likes his service now. He knows people who have gotten together in their neighborhoods and reduced the rate by having multiple pickups in the area. He does not see why the Town would have to be involved. He asked if the residents would be able to vote on this or is it up to the Town Board to decide for us? He feels the residents should be able to vote.
Gary Blessing, Harris Hill Rd. asked if the Town negotiates a rate, will there be an additional rate for the Town to process the bills? Supervisor Hallock said there will not be any bills processed, it will be a unit charge on the tax bill. Mr. Blessing asked if there will a ceiling on how much can be charged? Supervisor Hallock said it was mentioned that there would be a ceiling on the CPI built into the contract.
Tony Sojka, 7705 Goodrich Rd. said he has a mechanical lift for his garbage cans and asked that this be considered when going out for bids.
Mike Metzger, 4090 Clardon Dr. commended the Board on this action. One of his functions as a town engineer in Alden was to bid out the contract. They have been doing it for many years and it works quite well. He is concerned about assessing the tax to those who own property without residences on them. He is concerned about the rising gas prices and thinks the Town needs to be sure that the price will be at the $150. Alden came in last year at just over $140. Mr. Metzger urges the Town to consider allowing small businesses to participate with possibly a two-unit charge. A lot of people here tonight are not in favor and he asked the Town Board to explain the concepts of petitioning for a permissive referendum.
Kathleen Montalvo, 5165 Fox Trace said there has not been enough discussion on how this district is set up if we only have until May 1st. How will the residents be informed? Will they be able to vote on the district?
Gerald Youngs, 5100 Brookfield La. said the average citizen pays around $270 per year. Senior citizens pay about $126 per year or less. This new program will be borne by the senior citizen for everybody else. It is totally unfair. The seniors will pay more and everyone else will pay less. Supervisor Hallock said they would like to see some more recent bills from residents.
Tom Brem, 5315 Shadyside Dr. said he is opposed to this because of the flexibility he has with his vendor. He is uncomfortable with anyone else managing it for him. He wants the right to negotiate the cost himself. We do not need more government helping us. The fact that we are the only town without it is a good thing.
Councilman Kolber said we have also received several calls and letters regarding the subject. He would say there is probably more people opposed to it, perhaps even 2 to 1.
Nathan Neill said if the Town goes forward to adopt a resolution, the resolution is subject to a referendum. That means that the people can do a petition with signatures of 5% of the property owners within 30 days to force the Town to have a vote. Supervisor Hallock asked if the Town Board could just have it on the ballot in November? Nathan Neill said the resolution would have to be done at a later date to be within the proper timeframe.
Councilman Kolber said if anyone has recent bills that are lower than what the Board has been told, please forward them. Councilman Weiss added that bills that have any special nuances be forwarded also.
A Public Hearing was held to consider the request for a Special Exception Use Permit for conversion of an existing motel into rental units at 9300 Main Street. James Callahan said the property is located on the north side of Main Street, east of Thompson Road consisting of approximately 2.7 acres in the Commercial Zone. The Master Plan identifies this area in a Commercial classification. Multiple-family units are allowed with a Special Exception Use Permit.
A Public Hearing was held to consider the request for Concept Plan Approval and a Special Exception Use Permit for development of a car wash facility at 6705 Transit Road. James Callahan said the location is on the east side of Transit Road, south of County Road consisting of approximately 3.3 acres zoned Major Arterial on the frontage. The Master Plan identifies this area in a Major Arterial classification.
Vito Pace requests Development Plan Approval for development of a 3-lot Open Development Area at 5485 Salt Road. James Callahan said the location is the east side of Salt Road north of Greiner Road consisting of approximately 8.26 acres in the Agricultural/Rural Residential Zone. The Master Plan identifies the area in an Agricultural/Rural Residential classification. The Planning Board forwarded a recommendation with the following conditions: 1. Subject to recreation and open space fees; 2. Access agreement per 4/10/04 letter in the file; 3. All on-site water facilities to be private and subject to conditions of the Erie County Water Authority; 4. Subject to all conditions of the Town Engineer per letter dated 7/28/04; 5. Subject to all conditions of the Erie County Water Authority for a charged fire line; 6. Homeowners Association agreement to be reviewed by the Town Attorney; 7. Applicant subject to all requirements of the Town of Clarence Right to Farm Legislation; 8. Requires formal map cover filing identifying location in an Agricultural District; and 9. Deed restriction identifying the existence of farm odors, noise, chemicals, etc.
Judith Turco requests a Change-In-Use from vacant to pastry shop in the existing Commercial space at 6000 Goodrich Road. James Callahan said the location is at the northwest corner of Goodrich and Clarence Center Roads in the Eshelman building consisting of approximately .58 acres in the Traditional Neighborhood District. The Master Plan identifies the area in the Clarence Center Traditional Neighborhood District.
Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications – A. Clarence Men’s Softball – April 5, 2005; B. American Legion Post 838 – May 30, Nov. 11, & Dec. 14, 2005; C. Clarence Contemporary Club – Oct. 17 & 18, 2005; D. Breast Cancer Network of WNY – Oct. 21 & 22, 2005; E. Clarence Garden Club – Oct. 28, 2005; F. Rock Oaks Homeowners Association – Dec. 3, 2005; G. Clarence Chamber of Commerce – Dec. 13, 2005. Legion Hall Applications – A. Clarence Little League Football Assoc. – One Thursday per month March – Dec. 2005; B. Andres Family – May 8, 2005; C. Stephen Demmitt – June 4, 2005; D. Sriti Hossain – July 30, 2005; E. Jacklyn Dec – Sept. 17, 2005; F. Kathy Konitsch – Sept. 24, 2005; G. Amy Gregor – May 28, 2005. Park Pavilion Special Request – A. Clarence Hollow Association/Clarence Chamber of Commerce – May 21, 2005. On the question, Councilman Bylewski said several of the Board members belong to the Hollow Association and the Chamber, however this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of March 24, 2005 are approved for payment: General Fund - $116,271.79; Highway Fund - $80,969.00; Water District - $1,259.00; Lighting Districts - $1,024.43; Sewer Districts - $128,746.80; Capital Fund - $165,289.62; Special Revenue - $11,276.00 and Trust and Agency 203 - $1,693.00 for a total of $506,529.64. On the question, Councilman Bylewski said there were a number of vouchers for NOCO, who is a client of the firm where he is associated, however this is ministerial, so he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.
“For the Good of the Town”
Tim Pazda, Country Club Dr. said he accepts Councilman Weiss’s challenge on behalf of the fire companies in Town for a tug-of-war at “Day In the Park”, with a provision.
There being no further business, Supervisor Hallock adjourned the meeting at 10:20 P.M. in memory of Robert Larkin.
Nancy C. Metzger, Town Clerk