04/13/05


A Work Session of the Clarence Town Board was held on April 13, 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, and Joseph Weiss. Councilman Kolber was out of town. Other Town Officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Town Engineer Joseph Latona, Planning Board Chairperson Pat Powers and Director of Administration and Finance Pam Smith.

James Callahan – Director of Community Development

Public Hearings:

Public Hearing @ 7:45 P.M. – Saturn of Clarence 5535 Transit Road requests a Special Exception Use Permit for conversion of existing automotive storage facility to a collision shop.

Formal Agenda items:

Cliff Chadwell 9825 Main Street

Applicant requests a public hearing for a Special Exception Use Permit for an automotive repair facility. The proposed site is located on 2.77 acres on the south side of Main Street, east of Gunnville Road behind the existing State Police barracks in the Commercial Zone.

Susan Martin 8585 Main Street

Applicant requests a Change in Use from vacant office to a tailor shop. The proposed site is located on the north side of Main Street, east of Harris Hill Road in an existing former doctors office located on approximately one acre in the Harris Hill Traditional Neighborhood District.

Cesar Banach 8500 Roll Road

Applicant requests Concept Plan approval for development of a storage warehouse and an office building. The proposed site is located on the northwest corner of the intersection of Roll Road and Harris Hill Road in an existing warehouse housing 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 he is now proposing to construct an addition to existing warehouse and development of a professional office building.

New Hope Presbyterian Church 6969 Strickler Road

Applicant requests a Building Permit and Architectural Approval for construction of a 7,500 square foot addition to the existing church campus. The proposed site is located on the east side of Strickler Road, north of County Road in an existing church located on 57+/- acres in the Agriculture Rural Residential Zone.

Tim Berndt 8185 Goodrich Road

Applicant requests a demolition permit to demolish the existing farm house to allow for construction of a new home. The proposed site is located on the east side of Goodrich Road, opposite Sesh Road intersection on 33+/- acres in the Agricultural Flood Zone.

Clean Harbors 4925 Research Parkway

Applicant requests a Building Permit and Architectural Approval to enclose a utility room after demolition. The proposed site is located on the north side of Wehrle Drive, east of Gunnville Road at the former hazardous material storage/incinerator located in the Industrial Zone. Town Attorney Bengart stated that the case has been settled and the contracts were signed today. As part of the demolition, the law requires that the slabs be removed. The project has been forwarded to the Zoning Board of Appeals to agree to allow the slabs to stay. The demolition and new structure are subject to Town Attorney approval of receipt and approval of the actual contract and the ZBA agreeing to the application put before them.

Work Session items April 27, 2005:

Kennedy’s Cove 9800 Main Street

Applicant requests a Building Permit and Architectural Approval to raise the roof in kitchen at existing restaurant located on the north side of Main Street, west of Kraus Road on 1.25 acres in the Commercial Zone. There will be no change to the seating capacity or to existing setbacks.

Nathan Raupp 4915 Ransom Road

Applicant requests approval to open an automotive repair shop in addition to the existing restoration shop. The proposal will require a Special Exception Use Permit within the Clarence Hollow Traditional Neighborhood District.

Urban Insulation 8520 Sheridan Drive

Applicant requests a Building Permit and Architectural Approval to construct a 72’ x 50’ square foot addition to existing warehouse facility. The existing warehouse/distribution facility is located on the north side of Sheridan Drive, east of Harris Hill Road on approximately 2.71 acres in the Commercial Zone. The project meets all use and setback requirements of the new zoning law.

Jim Bevilacqua 6471-6507 Transit Road

Applicant requests Development Plan and Architectural approval for a Medical Office Park located on the east side of Transit Road, north of Old Post Road on 3.8 +/- acres of vacant land. The applicant has submitted a revised development plan after being denied development plan by the Planning Board based upon a previous design. Applicant has made changes based upon Planning Board comments and is seeking Town Board approval to commence construction. The development plan has been approved by the Engineering Department and all regulatory agency approvals are in order. The applicant does not want to go back to the Planning Board because they do not meet until May 4th, he is asking the Town Board to consider his request and grant final approval.

Highland Park Subdivision – 16 lot development

Based on the April 12, 2005 Zoning Board of Appeals meeting, Highland Park Subdivision received a variance to allow the lot sizes as designed. The neighbors were in agreement with the variance. The wet pond has been redesigned and approved by the engineering department.

Waterford Village Bank 8411 Main Street

Applicant requests a Public Hearing to consider a Special Exception Use Permit for a drive-thru facility in the Traditional Neighborhood District.

First Niagara Bank 4401 Transit Road

Applicant requests a Public Hearing to consider a Special Exception Use Permit for a drive-thru facility in the Major Arterial Zone.

Temporary Conditional Permits

A Public Hearing is required to consider annual renewal of existing Temporary Conditional Permits.

Parks Security – Joe Meacham Chief Security Officer

Joe Meacham stated that with the increase of crime and vandalism in the Town of Clarence, it is necessary to devise a plan that would bring the safety and security of the Town up to date with the times.

As it stands now, the security guards are basically the eyes and ears for the NY State Police and the Erie County Sheriff. Mr. Meacham is suggesting taking four or five security officers and make them Peace Officers. Training for Peace Officers can be had through various county academies. This will give them more power to write tickets for the Penal Code and Vehicle Traffic Law. Use of personal protection devices such as pepper spray, batons, etc. is recommended. Officers would also have to be trained in the use of these devices.

Mr. Meacham is also recommending that all officers be trained in CPR and first aid and possibly other life saving procedures such as the use of a defibrillator.

Speed enforcement training (in town parks only) should be a top priority for park patron safety. Radar should be utilized so appearance tickets written for speeding will be backed up in court.

With the growing popularity of the bike paths, Mr. Meacham sees the need to expand patrols in these areas as well. A special vehicle would be needed to accomplish these patrols such as a four-wheeler or side-by-side utility vehicle. Special training may be required to operate these vehicles.

Town Attorney Bengart said that he has great concerns about the liability aspects and the cost of insurance to add Peace Officers with this added responsibility. He suggested providing additional training for our security officers to be able to operate a radar gun so that if the Town chooses to enforce the speed limits in the parks, the officers have the ability to testify in court and prove a case if they have to. He also suggested additional CPR training – the same liabilities are there whether you are a police officer or peace officer regarding those type liabilities.

Councilman Bylewski stated that before the Town went forward with this, he would like to see what the insurance costs would be and to get an opinion from our insurance provider.

Supervisor Hallock said that the NY State Police and Erie County Sheriff’s have offered to work with the Town and offer some suggestions.

Councilman McPherson said that liability does not mean a thing, the town has the obligation to do whatever we have to do to provide safe parks.

Mr. Meacham further stated that equipment requirement would include two road patrol vehicles, preferable late model police type vehicles (Crown Victoria, Impala). Fully equipped re-conditioned vehicles are available for $10,000 - $12,000. The vehicles need to be equipped with identifying graphics, light bar with yellow lenses, vehicle mounted ECS radio, first aid kit, fire extinguisher, defibrillator and radar gun.

Councilman Weiss asked that Joe Meacham inquire as to the cost of Krav Maga self-defense training.

Supervisor Kathleen Hallock

Ginger Lindner requested the use of 12 picnic tables on Saturday, June 4, 2005 for the Cancer Relay for Life held at the Akron School grounds. Normally tables from Akron County Park are used but if the County parks are not open, the tables will not be available. Parks Crew Chief John Burns was in agreement with this and identified which areas the tables should come from he also suggested the tables be picked up on Friday. The Town Board was also in agreement with this request.

Supervisor Hallock has a resolution to apply for grant funds from the 2005 Justice Court Assistance Program.

Town Historian Mark Woodward is requesting approval to host Colonial Day in the Park on October 15, 2005. A similar event was held November 2003. Black powder for muskets will be used. A certificate of insurance will be provided.

Dan Hanley from Red Mill is asking for special permission to hold a wedding reception in the Clubhouse. He is selling his banquet facility and the wedding has been planned for after that date. It was discussed that the Clubhouse is not for private parties.

Tim Smith from Pizza Inn has inquired about sidewalks on the east side of Goodrich Road from High Street to his building. Tim said if the sidewalks could be installed between High Street and the bike path he would install them from the bike path to his property. Tim is willing to spearhead a fundraising campaign for the sidewalks if necessary and has asked Town Engineer Joseph Latona for specs so he can determine the cost.

Town Clerk Nancy Metzger has submitted her 2004 Annual Tax Collection Report and Annual Town Clerk report.

Supervisor Hallock has a resolution developed by the Property Tax Reform Task Force regarding property tax reform.

Councilman Weiss, Town Engineer Joseph Latona, and Director of Community Development Jim Callahan will meet next Tuesday, April 19, 2005 at 2:00 P.M. regarding Sewer District #2.

Supervisor Hallock has three resolutions regarding BDT.

Supervisor Hallock passed out brochures from National Recreation and Park Association on “Step up to Health, it starts in Parks”. There is a summit in Hamburg on May 3, 2005; registration forms are available if anyone is interested. The information will also be forwarded to Parks, Recreation and Conservation. The cost is $45; less if more than three in any organization attend.

Councilman Ian McPherson

Councilman McPherson will make a motion to authorize the Supervisor to sign the CSEA Benefit Fund Contract between the Town of Clarence (Blue Collar/White Collar Unit) and CSEA Employee Benefit Fund, subject to Town Attorney approval.

Councilman Scott Bylewski

The proposed Subdivision Law makes a reference to the Manual of Standards of the Town of Clarence. The one that is referred to is from December 1997. Town Engineer Latona said that it is being updated.

Councilman Bylewski will make a motion authorizing the Supervisor to sign off on the Nussbaumer and Clarke traffic study update in the amount of $8,800. subject to review by the Town Attorney. There are two optional tasks that they may be called upon by the Town at a later date, which would include Review Traffic Impact Studies and Project Improvement Identification and Application Package Preparation.

Councilman Bylewski will report on building permits issued for the month of March.

The Planning Board has forward recommendations under SEQRA.

The NY Conference of Mayors is holding a seminar in Lake Placid on May 16, 2005.

Councilman Bylewski will announce that we have authorized the issuance of the RFP for the Historic Preservation Grant.

Councilman Bylewski has received the State of NY Public Service Commission report regarding our franchise agreement with Adelphia Cable.

Councilman Bylewski has received the Amherst-Central Fire Alarm Report for March 2005.

Councilman Bylewski received and forwarded the information regarding the Free Trade resolution.

The Inter-Community Committee is studying the possibility of revisiting the issue of the Board of Supervisors.

Councilman Bylewski said that there was an issue that came up at the Parks and Recreation Master Plan meeting regarding the location of the bike path through Waterford. Town Engineer Latona said that he is obtaining right-of-way maps for the entire area and has just received the NYSEG easement agreement for the Roll Road access with parking.

Councilman Joseph Weiss

Parks Crew Chief John Burns is declaring two trucks surplus equipment.

Parks Crew Chief John Burns is recommending the hiring of several seasonal employees for the summer. All of them have previously worked in the Parks Department.

Councilman Weiss will announce the receipt of a dividend check in the amount of $15,410.37 from NYS Insurance Fund.

Anne Cimato is requesting a one-year leave of absence from her position as a maintenance worker in the Highway Department. Anne recently gave birth to a healthy baby boy and would like to spend a year personally introducing him to the world. The leave will be effective April 25, 2005.

Autistic Service Incorporated and Great American Clean-Up are performing a clean-up project on the walking path between Eastern Hills Mall and Bryant & Stratton Way. The Great American Clean-Up group has requested a donation of two loads of mulch to be delivered to the site to be used for flowerbeds and walkways.

Highway Superintendent Ted Donner is requesting a 1978 Ford Road Tractor be declared surplus. A used tractor previously purchased by the Highway Department replaced this truck. The truck will be sent to the equipment auction.

Councilman Weiss will make a motion to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for all fire hydrants within Hidden Pond Phase II and Spaulding Lake Phase IV, Part III.

Councilman Weiss will make a motion authorizing the transfer of funds for the purchase of a vertical file and accessories for aerial maps in the Engineering Department.

Councilman Weiss announced that the plans for Day in the Park are coming along nicely. The committee is still looking for any additional groups or organizations to sign up.

On July 9, 2005, there will be a ribbon cutting ceremony for the new bridge over Ransom Road. Several bike clubs have been invited and refreshments will be served.

Town Attorney Bengart

Town Attorney Bengart received a letter from Phillips Lytle Attys. They would like to continue their normal representation of Sister’s of St. Joseph. Their concern is the permanent easement right-of-way for the sanitary sewer easement presented to them.
Town Engineer Latona stated that a letter was sent to the Sister’s of St. Joseph asking for an easement for sewers, they forwarded the letter to their law firm and the law firm is requesting permission from the Town to represent the Sister’s of St. Joseph.

The Town has received complaints from noise coming from Club Infinity. Code Enforcement is working on the complaints.

Town Attorney Bengart discussed ways of protecting newly acquired lands specifically the arboretum. The arboretum committee will be starting their fund raising drive and want to know what protection will be available for the land. Town Attorney Bengart stated that there are various ways to protect this land; it can be made a permanent type of protection where it can never be changed. It could be made a super majority (four out of five board members agree) protection where if things change and the Town Board wants the ability to do something different with the land than it’s present use. The arboretum and the newly acquired lands could be turned over to a land conservancy and let them have total control forever.

Supervisor Hallock inquired as to the Nature Camp. Councilman McPherson stated that the entire area has permanent protection.

Town Engineer Latona suggested defining the arboretum area; there is a sewer line that runs through there.

Regarding the arboretum, it was the consensus of the Town Board to make it permanently protected. Town Attorney Bengart suggested putting a restrictive covenant into a deed that it can never be changed and should always remain an arboretum.

The Parks Department and the arborist will maintain the trees in the arboretum.

Town Engineer Joseph Latona

Town Engineer Latona announced that Milherst Construction is installing the Memorial Park waterline. Work will begin tomorrow.
There was a bid opening on April 11, 2005 for the Hillcrest Drive Sanitary Sewer (District #9). This will eliminate the Sisters of St. Joseph treatment plant. This is a joint venture with Erie County Sewer District #5, they operate the treatment plant. The bids are being reviewed; there is much administrative work to do before the bid is awarded.

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

There being no further business, the Work Session adjourned at 7:25 P.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:30 P.M. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Kolber. Motion carried. No action taken


Regular meeting of the Town Board of the Town of Clarence was held on Wednesday, April 13, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:32 P.M. Councilman Ian McPherson led in the pledge to the flag, followed by a prayer given by Pastor Charles Smith of the Clarence Center United Methodist Church.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss and Supervisor Hallock. Absent was Councilman Bernard Kolber. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Asst. Director of Community Development James Hartz, Deputy Supervisor Anne Case, Assessor David Folger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held February 28, 2005 as received. Upon roll call – Ayes: Councilmembers Weiss, Bylewski, and Supervisor Hallock; Noes: None. Abstain: Councilman McPherson (He was not present.); Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to accept the minutes of the previous meeting held March 23, 2005 as received. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant permission to Town Historian Mark Woodward to host a Day of Living History presented by a local reenactment group, Brant’s Volunteers at the Small Pavilion, Main Street Park on October 15, 2005 from 9:00 A.M. to 9:00 P.M. Permission is also granted for black powder musket demonstrations at the reenactment with the provision that the highest standards for Living History demonstrations be followed. An insurance certificate will be provided. On the question, Supervisor Hallock said the public is invited to stop in any time during the event, which ties in to the Town’s Bicentennial celebration. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt a proclamation proclaiming the month of May 2005 as Motorcycle Awareness Month in the Town of Clarence urging all motor vehicle operators to be aware and join in the effort to keep our roadways and highways safe. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution regarding High Property Taxes:
    WHEREAS, the residents of the Town of Clarence are greatly concerned with high property taxes and consider this issue a matter of the highest priority; and
    WHEREAS, funding for local governmental services, including public education, is provided primarily through a tax on the estimated value of property; and
    WHEREAS, the welfare of Clarence homeowners is jeopardized by the rapid increase in the costs of public education and the inability of many homeowners to pay these increased costs; and
    WHEREAS, the increasing burden of public education on taxpayers also impacts on the ability to raise other taxes to provide services and to fund Town-specific and local initiatives important to the well being of the community; and
    WHEREAS, the Town Board of the Town of Clarence appeals to New York State public officials to implement new measures for financing public education, including the following:

  1. Ensure equity in a formula for funding public education based on taxpayers’ ability to pay.
  2. Decrease the revenue raised from tax sources based on the value of dwellings.
  3. Refrain from imposing state mandated requirements upon school systems without corresponding state funding.
  4. Adjust the formulas on revenues earmarked as aid to education from state lottery and other future gaming activities so that the annual percentage is substantially increased from current levels.
  5. Maintain the enhanced STAR exemption for the town’s neediest citizens, but also increase the STAR exemption for senior citizens specifically at all income levels.
  6. Regain lost tax revenue from the above actions through income tax.

NOW THEREFORE BE IT
    RESOLVED, that Clarence Town Board urges Governor George E. Pataki, Senate Majority Leader Joseph L. Bruno, Assembly Majority Leader Sheldon Silver, Senator Mary Lou Rath and Assemblywoman Sandra Lee Wirth, give this issue their immediate attention; and Be It Further
    RESOLVED, that the Clarence Town Board hereby directs the Town Clerk to forward this resolution to Governor Pataki, Senators Bruno and Rath and Assemblypersons Silver and Wirth.
    On the question, Supervisor Hallock said the resolution was developed by the Property Tax Reform Task Force, a nonpartisan group of New York State counties established to work on property tax reform and other local concerns.
    Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Supervisor Hallock received a copy of the Length of Service points for the Clarence Center Volunteer Fire Company for 2004. The report will be on file in the Town Clerk’s office and the Supervisor’s office.

Supervisor Hallock received the Annual Tax Collection Reports and the Annual Report of Fees for 2004 from the Town Clerk. The total tax collection in 2004 was $51,313,169 and the total fees collected were $851,074. These reports will be on file in the Supervisor and Town Clerk’s offices.

Supervisor Hallock announced that two Clarence residents will be honored Friday evening by the Make-A-Wish Foundation of WNY. They are Angelo S. Natale, President of Natale Builders and Michael B. Powers, partner at Philips Lytle LLP. Supervisor Hallock congratulated them and thanked them for all their efforts for Make-A-Wish.
    Motion by Councilman McPherson, seconded by Councilman Weiss to authorize and direct Supervisor Kathleen E. Hallock to file an application to apply for grant funds from the 2005 Justice Court Assistance Program. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Weiss to authorize the Supervisor to sign the CSEA Benefit Fund Contract between the Town of Clarence (Blue Collar Unit) and CSEA Employee Benefit Fund, subject to Town Attorney approval. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Weiss to authorize the Supervisor to sign the CSEA Benefit Fund Contract between the Town of Clarence (White Collar Unit) and CSEA Employee Benefit Fund, subject to Town Attorney approval. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman McPherson recognized Curt Cashmore, who was present representing the Clarence Chamber of Commerce.

Councilman Bylewski announced that we received notification from the New York Conference of Mayors that they are holding a conference May 16 – 19, 2005 in Lake Placid called “Main Street – Revitalizing Your Downtown.” If anyone is interested, they should contact the Supervisor’s office.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation of the Planning Board and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Waterford Village Bank located at 8411 Main Street. This Unlisted Action involves the construction of a 6,000 +/- sq. ft. bank on 1.6 acres in the Traditional Neighborhood Zone. After thorough review by the Planning Board and Town Board of the submitted site plan and Environmental Assessment Form, including comments from the New York State Dept. of Transportation and a Phase I Archeological Assessment, it is determined that the proposed project is consistent with the Adopted Zoning Law and Master Plan and will not have a significant impact on the environment. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation of the Planning Board and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed First Niagara Branch Bank located on an out-parcel in the Clarence Mall at 4401 Transit Road. This Unlisted Action involves the construction of a 2,700 +/- sq. ft. bank branch in the Major Arterial Zone. After thorough review by the Planning Board and Town Board of the submitted site plan and Environmental assessment Form, it is determined that the proposed action is consistent with the adopted Zoning Law and Master Plan and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Bylewski reported on the number of building permits issued in March 2005 as 4 in subdivisions and 5 outside of subdivisions for a total for 2005 of 15 in subdivisions and 5 outside. There were a total of 32 issued in subdivisions and 8 outside in 2004. Building is still going on in Clarence while we are under the moratorium.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize the Supervisor to sign the agreement with Nussbaumer & Clarke, Inc., subject to review by the Town Attorney, for the update to the Town of Clarence Comprehensive Traffic Study, Traffic/Transportation Management System Action Plan – Phase IV Proposal. The total cost is $8,800 to be paid from the Planning Department budget. On the question, James Callahan said it is an update to the original traffic analysis done as part of Master Plan 2015. It will bring the numbers used in the models up to date. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Bylewski referred to James Callahan for the 24th update of the action items while under the moratorium.
    James Callahan reported the following:
    Zoning Law – is in force and the first zoning appeal has been heard by the Zoning Board of Appeals under the new law.
    Subdivision Law, Draft 4 – Planning & Zoning Department working on as a result of the Planning Board public hearing on Draft 3. Comments received will be incorporated into the draft.
    Adequate Public Facilities Law – Consultant continues to work on draft and he hopes to receive it prior to the next Town Board meeting.
    Parks & Recreation Master Plan – Public Hearing to receive comments and suggestions was held on Monday. These will be incorporated into the draft plan.
    Landscape Law and Tree Law – Planning & Zoning Department continues to work on drafts for Planning Board review.

Councilman Bylewski said in regard to the Adequate Public Facilities Law, the Clarence School Supt. Thomas Coseo was present at the last work session, and expressed his willingness to work with the Town in the development of the law as it relates to the school district.

Councilman Bylewski announced that the Historic Preservation Committee held its first meeting with a representative from the Office of Parks, Recreation and Historic Preservation to discuss a grant that is available. A Request for Proposal was authorized at the last work session for people to conduct the surveys necessary for historic preservation. The committee will be meeting on a regular basis. Dates and times will be announced.

Councilman Bylewski said an Order Approving Renewal was received from the NYS Public Service Commission for the renewal of the Adelphia Cable Franchise Agreement. He thanked the Cable TV Committee for all of their hard work over the past few years on this renewal.

Councilman Bylewski received the Central Fire Alarm Office March 2005 Operations Report. Town of Clarence fire companies responded to the following: 3 – Miscellaneous Fires; 71 – EMS Calls; 16 – Motor Vehicle Accidents; and 33 – Miscellaneous Calls for a total of 123 alarms.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution: WHEREAS, the international trade deficit of the United States with other countries like China, Japan, Canada, Mexico and the European Union has widened substantially within the last five years, and
    WHEREAS, the gap with China alone has widened by $46 billion during this period, and
    WHEREAS, the size of the United States’ international trade deficit can be attributed to the relative inexpensive cost of goods and services produced in foreign countries when compared with goods and services produced in the United States, and
    WHEREAS, this relative inexpensive cost of foreign goods and services can be tied to cheaper labor costs, cheaper raw materials and limited or no government regulation of business and industry in these foreign countries, and
    WHEREAS, this inequality in the international economic playing field between American and foreign products has led to the loss of millions of jobs in the United States within the last five years, and
    WHEREAS, this loss of jobs is never more apparent than in the Western New York region which was once a much heralded manufacturing and commerce center, and
    WHEREAS, it has been the goal of the Federal government over the last decade to promote “free trade” between nations within the Western hemisphere and around the world, and
    WHEREAS, “free trade” has resulted in the loss of complete industries: electronics, garments, textiles, steel and automobiles in the United States to other countries which can produce these goods with cheaper labor costs, cheaper raw materials and limited or no governmental regulations of business and industry, and
    WHEREAS, until something is done to ameliorate this condition to level the international economic playing field, including tariffs, the international trade deficit of the United States with other countries like China, Japan, Canada, Mexico and the European Union will continue to expand and worsen, and
    WHEREAS, this situation will cause further severe economic conditions for the United States, and it’s individual states, cities, towns and villages,
    NOW, THEREFORE BE IT
    RESOLVED, that the Clarence Town Board does hereby call upon the Federal Government to take appropriate action to modify its “free trade” policy, including tariffs, to restore equity and fairness to the international economic playing field, and be it further
    RESOLVED, that certified copies of this resolution be sent to President Bush, Members of Congress, Reynolds, Higgins, Slaughter and Kuhl and Senators Schumer and Clinton.
    On the question, Councilman Bylewski said if anyone is really interested in finding out more about what has been going on with respect to international trade, there is a good book out called “Exporting America”.
    Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Bylewski said everyone is aware of the dire economic straits that the City and County are in and the efforts to regionalize. He urges the Inter-municipal Committee to look at the various proposals out there. It is his belief that if we do not become involved in the conversation, we may be swept aside.

Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation of Parks Crew Chief John Burns, the following trucks be declared as surplus equipment: 1 – 1995 Ford F-150 4x4, VIN #1FTEF14N2SNB54229, Parks Truck P-16; and 1- 1995 Ford F-250 4x2 VIN #2FTHF25HOSCA69147, Parks Truck P-22. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation of Parks Crew Chief John Burns, the following be hired as seasonal help in the Parks Department at the budgeted rate of pay. All of the following have previously worked at the Parks Department: Christopher Skibinski – April 18; Matthew Lenhardt, Kathryn Kohout – May 9; Joseph Silvestrini, Ashlee Edbauer – May 15; and Rebecca Scott – May 23. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Weiss said the Town received a check for $15,410.37 from the State Insurance Fund representing 30% of the premium paid for the policy for the period of July 1, 2003 to July 1, 2004 for our rating in the safety group program.

Motion by Councilman Weiss, seconded by Supervisor Hallock to grant Anne Cimato, Maintenance Worker in the Highway Department, a leave of absence effective April 25, 2005, subject to all the provisions of the Blue Collar Union Contract. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to grant the donation of two loads of mulch to be delivered to the walking path between Eastern Hills Mall and Bryant & Stratton Way for the cleanup project being performed by Autistic Service Incorporated and Great American Clean-up. Permission has been granted by the Eastern Hills Mall property owners to clean up their land. On the question, Supervisor Hallock said this is also part of the Keep Western New York Beautiful endeavor. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation of Highway Supt. Ted Donner, that Highway Truck H-20, a 1978 Ford Road Tractor, Serial #Y909VCA8586 be declared as surplus equipment. The truck will be sent to the equipment auction at Kelly Schultz’s on Main Street. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to agree to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for all fire hydrants within Hidden Pond Subdivision, Phase 2, Part 3. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to agree to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for all fire hydrants within Spaulding Lake Subdivision, Phase 4, Part 3. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to authorize the transfer of $1,000 from account A1440.471 Travel and $1,000 from account A1440.470 Training into account A1440.220 Equipment for the purchase of a vertical file and accessories for aerial maps. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Weiss said we have a terrific group working together for Day In The Park. We are bringing it back to the great event it was in the past. There will be a tremendous amount of things going on for the children. A number of groups are working on this event together. If anyone is interested in participating, they are welcome to come to the meetings. Councilman Weiss can be contacted at the Town Hall.

Councilman Weiss announced that there will be a ribbon cutting on the Ransom Road Bridge on July 9th. It is going to be a bicycling event for the family. Several bicycling clubs will also be at this daylong event. More information will be available.

Department Reports

David Folger, Assessor gave a rundown of what has been going on with the Annual Assessment. David Carlon, GAR Associates was also present. He is the project coordinator for the Town of Clarence assessments.
    David Carlon explained the graphs that were distributed to the Town Board and are also available outside the Assessor’s office. They will be updated after May 1st. The changes in assessed value for 2005 was on approximately 6,300 residential properties out of about 10,000. They are expecting to be adding about $40 million of new home construction. They have added $450 million or 30% of assessed value through this program over the last four years.
    Another graph shows some of the disparities, why the neighborhoods are changing and how they handle the annual program. The total break point for the Town is 8.9%. If an assessment has increased over the 8.9%, they can expect an increase in taxes. If it is below, there will be little or no change. Some neighborhoods go up and some go down at different levels during the 12 to 18 month periods. There is a detailed list of the neighborhoods and what streets are included.
    Mr. Carlon said the total Town taxable last year was about $2.1 billion and this year it is projected at $2.3 billion. It does not include the growth that will be added or any changes to be made after the assessment hearings. The bulk of the increase is coming from residential and commercial properties. The projected tax rate is based on the increase in taxable value.
    David Folger said assessment offices in the area have been inundated with questions. The assessor is the one who puts the values on, but the town boards and school boards set the tax rates.
    Councilman Bylewski said he noticed in the areas that went up, the average change was $32,900. The three significant areas that went up dramatically were 1010 – Wolcott Road and north with an average change of $70,000; 1070 – large homes out of subdivisions with an increase of $105,000+; and 1072 – Spaulding Lake went up on an average of $157,000. It was mentioned that the new values to be added will be approximately $40 million for residential and $10 million for commercial.
    David Folger said it has been a crazy market in the whole Western New York area.
    Councilman Weiss said he watched the Amherst meeting with the residents speaking out about the increases. It seems that they are not aware that it is the spending that drives it. It must be addressed.
    David Carlon said the 1070 neighborhood was generated last year because of the concern that Spaulding Lake properties were compared to properties outside of subdivisions. We have had sales generated over the last 12 to 18 months to give us the information needed. For the first time, we have also had a sale recorded in Spaulding Lake that was over $1million. A lot of the research is driven from the sales of property. Some of the numbers are high.
    Councilman Bylewski asked if we still have the situations where high-end houses are sold more than once during the year? David Folger said that has occurred in Loch Lea. It is one of the toughest neighborhoods in the area.
    Supervisor Hallock asked how many parcels were looked at this year? David Folger said they looked at about 8,000 parcels out of almost 12,000 and about 6,300 changed. There are about 9,500 residential properties.
    Councilman Weiss said the Town has put a hiring freeze on Parks and Highway and are really crunching the numbers, whereas, the schools as soon as they saw some dollars, they replaced buses and everything else. That should be looked at too.
    Supervisor Hallock said all of this information is available in the Assessor’s office and staff is on hand to answer questions.

Public Participation

Curt Cashmore, on behalf of the Clarence Chamber of Commerce, spoke in favor of items 11, 12, 13, 14 & 15. They ask that the Town Board, in their power, approve and support these projects as well.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a collision shop at 5355 Transit Road for Saturn of Clarence.
    William Sherwood, Body Shop Manager at West-Herr said it is an existing building and pretty much ready to be converted to a service area. They will comply with all regulations that are required for the use.
    James Callahan said the location is in a Major Arterial zoning classification. There are no exterior changes proposed.
    Speaking to the subject:
    Councilman Bylewski asked if they will be doing any painting and if so, what is the method of storage and disposal. Mr. Sherwood said they will be painting. They use Safety Clean for disposal and comply will OSHA standards. Councilman Bylewski asked what they do with runoff of paint? Mr. Sherwood said a paint room will be developed that complies with all regulations.
    With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman McPherson to close the Public Hearing. On the question, Councilman Weiss said he will be recusing himself because he has a relationship with three companies who lease from West-Herr. Supervisor Hallock said a Special Exception Use Permit requires a supermajority vote. We will have to table the item for two weeks when Councilman Kolber returns. Upon roll call – Ayes: All; Noes: None. Recuse: Councilman Weiss. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson to table decision on the request for a Special Exception Use Permit for a collision shop at 5355 Transit Road for Saturn of Clarence until the meeting of April 27, 2005. Upon roll call – Ayes: All; Noes: None. Recuse: Councilman Weiss. Absent: Councilman Bernard Kolber. Motion carried.

Cliff Chadwell requests a Public Hearing for a Special Exception Use Permit for an automotive repair facility at 9825 Main Street. James Callahan said the location is the south side of Main Street behind the State Police barracks. There is an existing structure in the Commercial Zone.
    Mr. Chadwell said he is proposing only automotive repair. James Callahan said there is a sign as you enter the property that says no trespassing and they wonder if it will be a problem for him in terms of access to his facility. Mr. Chadwell said that Mr. Visone, the owner of the property said it would not be. Supervisor Hallock asked that he find out about that for the public hearing.
    Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for May 11, 2005 at 7:45 P.M. to consider the request for a Special Exception Use Permit for an automotive repair facility at 9825 Main Street. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Susan Martin requests a Change-In-Use from vacant former doctor’s office to a tailor shop at 8585 Main Street. James Callahan said the location is the north side of Main Street, east of Harris Hill Road consisting of approximately one acre in the Traditional Neighborhood District, as identified in the Master Plan.
    Susan Martin said her business was located in the Harris Hill Plaza, however, she moved to Orchard Park for ten years and now is back in Clarence.
    Councilman Bylewski said the regulations in a Traditional Neighborhood District are a little stricter. James Callahan said it is a pre-existing structure and the conforming classification is continuing.
    Motion by Supervisor Hallock, seconded by Councilman Weiss to grant a Change-In-Use from vacant former doctor’s office to a tailor shop at 8585 Main Street. (Amended below to 8484 Main St.) On the question, Councilman Bylewski asked if there were any stipulations. James Callahan said approval would be subject to appropriate fees and any signage must be approved by the Sign Review Board. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Cesare Banach requests Concept Plan Approval for development of a storage warehouse and an office building at 8500 Roll Road. James Callahan said the location is the northwest corner of Roll and Harris Hill consisting of approximately 5 acres zoned Residential. The parcel was formerly zoned Commercial. The Master Plan identifies the area in a residential classification. The applicant proposes a storage warehouse and office building with an expansion of the existing commercial use on the property.
    Cesare Banach was present.
    Councilman Bylewski said the Master Plan identifies this as residential. The zoning was recently changed to residential and we have to comply with our Master Plan. It is his understanding that the way to approach this would be for the Town Board to deny the project. It is Mr. Banach’s right to apply to the Zoning Board of Appeals for a variance.
    Cesare Banach said his reason for the purchase of this property was for a commercial project.
    Motion by Councilman Bylewski, seconded by Councilman Weiss to deny the request for Concept Plan Approval for development of a storage warehouse and an office building at 8500 Roll Road. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

New Hope Presbyterian Church requests a Building Permit and Architectural Approval for construction of a 7,500 sq. ft. addition to the existing church campus at 6969 Strickler Road. James Callahan said the location is the east side of Strickler Rd., north of County Rd. consisting of over 57 acres in the Agricultural/Rural Residential Zone, as identified in the Master Plan.
    John Kausner was present stating that the addition would be primarily for their youth group activities.
    James Callahan said the project requires a Special Exception Use Permit because it exceeds 10,000 square feet with the addition.
    Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for May 11, 2005 at 7:55 P.M. to consider a Special Exception Use Permit for a 7,500 sq. ft. addition to the existing church campus at 6969 Strickler Road. On the question, Councilman McPherson said by way of disclosure, he has a potential connection with the project so he will not be participating. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and Supervisor Hallock; Noes: None. Abstain: Councilman McPherson. Absent: Councilman Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request by Tim Berndt for a Demolition Permit for 8185 Goodrich Road to the Municipal Review Committee for a Type I review as the building is over 50 years old. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Clean Harbors requests a Building Permit and Architectural Approval to enclose a utility room after demolition at 4295 Research Parkway. Town Attorney Steven Bengart said this is a result of years of negotiations for a final agreement with BDT and affiliated companies. The counsel handling this matter for the Town received the agreement today and part of the procedure is for the Town to allow them to go forward with the demolition. The demolition law requires any foundation is to be taken out, which is before the ZBA. The motions to be voted on tonight are subject to review by the Town Attorney, as well as the ZBA voting in favor of the applicant’s request.
    Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
    Whereas, Clean Harbors BDT, LLC, owner of a Facility located at 4255 Research Parkway, has determined that it will close and cease all operations at said Facility and demolish certain portions of the structures left on the property; and (address amended below to 4295)
    Whereas, Clean Harbors BDT, LLC and the Town of Clarence have determined and agreed to the terms and conditions under which the Demotion Permit be issued for said Facility that are set forth in an Agreement between the parties. Now, therefore, be it
    Resolved, that the Clarence Town Board authorizes the Supervisor to sign an Agreement between Clean Harbors BDT, LLC and the Town of Clarence, a complete copy of which will be on file in the office of the Town Clerk, regarding the Facility owned by Clean Harbors BDT, LLC, subject to Town Attorney approval.
    Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
    Resolved, that the Clarence Town Board approves that a Demolition Permit be issued to Wargo Enterprises Inc. for removal of certain portions of the structures left on the property located at 4255 Research Parkway in the Town of Clarence, owned by Clean Harbor BDT, LLC, subject to Town Attorney receipt and acceptance of the contract between Clean Harbors BDT, LLC and the Zoning Board of Appeals granting an exception to §369-8 of the Clarence Town Code. (address amended below to 4295)
    On the question, by way of disclosure, Councilman Bylewski said he has recently re-affilliated with a new law firm. He is no longer with Nesper Ferber and DiGiacomo, where Wargo Enterprises Inc. is a client. Therefore, he will be voting. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
    Resolved, that the Clarence Town Board approves that a Building Permit be issued to Wargo Enterprises Inc. for constructing an addition to enclose the existing utilities/mechanical systems on the property located at 4295 Research Parkway in the Town of Clarence, owned by Clean Harbors/BDT, after completion of the demolition of the remaining structures, and subject to Town Attorney receipt and acceptance of the contract between Clean Harbors BDT, LLC and the Zoning Board of Appeals granting an exception to 369-8 of the Clarence Town Code.
    On the question, by way of disclosure, Councilman Bylewski said he has recently reaffiliated with a new law firm. He is no longer with Nesper Ferber and DiGiacomo, where Wargo Enterprises Inc. is a client. Therefore, he will be voting. Councilman McPherson asked if the correct address is 4255 or 4295? Councilman Bylewski said 4255 is stated on all of the resolutions and the agenda says 4295. Supervisor Hallock said she believes it is 4295. Councilman Bylewski amends the resolution to read 4295 Research Parkway. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson to amend the previous resolutions with the correct address of 4295 Research Parkway. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications – A. Clarence Soccer Club – Apr. 18, May 15, July 13, Aug. 11, Oct. 16, Nov. 15, 2005; B. Town Planning Department – April 19, 2005; C. Sisters of St. Joseph – April 30, 2005; D. Boy Scout Troop 664; E. CSEA White Collar Union – May 25, 2005; F. Clarence Varsity & JV Lacrosse – June 2, 2005; G. Day In The Park – July 2, 2005. and Legion Hall Applications – A. A. Cynthia Rosel – Aug. 7, 2005. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of April 7, 2005 are approved for payment: General Fund - $78,143.09; Highway Fund - $11,335.98; Water District - $33,168.88; Sewer Districts - $3,120.42; and Trust & Agency 203 - $100.00 for a total of $125,868.37. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

“For the Good of the Town”

David Folger said in regard to the item for the tailor shop on Main Street, the address must be wrong because that would put it on the other side of the street.

Motion by Supervisor Hallock, seconded by Councilman McPherson to amend the approval for item 13 for the Change-In-Use to a tailor shop to the correct address of 8584 Main Street. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 8:42 P.M.

Nancy C. Metzger, Town Clerk