04/25/07



Regular meeting of the Town Board of the Town of Clarence was held Wednesday, April 25, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Deputy Supervisor Scott Bylewski called the meeting to order at 7:37 P.M. Pledge to the flag was led by Councilman Joseph Weiss, followed by a prayer given by Paul Beiter of St. Augustine's Catholic Church.

Members of the Town Board present were Councilmember/Deputy Supervisor Scott Bylewski and Councilmembers Joseph Weiss, Bernard Kolber and Patrick Casilio. Supervisor Kathleen Hallock was absent. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona and Building Inspector David Metzger.

Motion by Councilman Casilio, seconded by Councilman Weiss to approve the minutes of the previous meeting held April 4, 2007 as received. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Deputy Supervisor Scott Bylewski said approval of the minutes of April 11, 2007 will be held until the next meeting. Councilmembers Kolber and Casilio were not present and would have to recuse themselves from voting.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Weiss to adopt the following resolution of the Town of Clarence, New York, adopted April 25, 2007, amending the Bond Resolution adopted March 28, 2007:
          WHEREAS, the Town Board of the Town of Clarence, in the County of Erie, New York, has heretofore duly authorized the construction of sidewalk improvements at the estimated maximum cost of $30,000, which amount was appropriated therefor pursuant to the bond resolution adopted by the Town Board on March 28, 2007; and
          WHEREAS, due to a change in the scope and increased costs of the project, the estimated total cost of said project has now been determined to be $45,900, and it is necessary and in the public interest to increase the appropriation therefor by $15,900 and to amend said bond resolution to reflect such increase and to authorize the issuance of additional serial bonds to finance such additional cost;
          NOW, THEREFORE, BE IT
          RESOLVED, by the Town Board of the Town of Clarence, in the County of Erie, New York as follows:
          Section (A) The Bond Resolution of said Town adopted by the Town Board on March 28, 2007, entitled:
          "Bond Resolution of the Town of Clarence, New York, adopted March 28, 2007, authorizing construction of sidewalk improvements, stating the estimated maximum cost thereof is $30,000, appropriating said amount therefor, and authorizing the issuance of $30,000 serial bonds of said Town to finance said appropriation, subject to a Permissive referendum;"
is hereby amended to read as follows:
          "Bond Resolution of the Town of Clarence, New York, adopted March 28, 2007 and amended April 25, 2007, authorizing construction of sidewalk improvements, stating the estimated maximum cost thereof is $45,900, appropriating said amount therefor, and authorizing the issuance of $45,900 serial bonds of said Town to finance said appropriation, subject to a Permissive Referendum."
          Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted April 25, 2007, authorizing the acquisition of an Emergency Generator for the Clarence Senior Center, stating the estimated maximum cost thereof is $86,700, appropriating said amount therefor, and authorizing the issuance of $86,700 serial bonds of said town to finance said appropriation, subject to a Permissive Referendum.
          Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          RESOLVED, that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted April 25, 2007, authorizing installation of a sprinkler system at the Town Park Clubhouse, stating the estimated maximum cost thereof is $183,600, appropriating said amount therefor, and authorizing the issuance of $183,600 serial bonds of said town to finance said appropriation, subject to a Permissive Referendum.
          Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted April 25, 2007, authorizing the acquisition of Parks Equipment, stating the estimated maximum cost thereof is $249,900, appropriating said amount therefor, and authorizing the issuance of $249,900 serial bonds of said Town to finance said appropriation, subject to a Permissive Referendum.
          On the question, Councilman Kolber asked if this money was for equipment for this year or for over a period of time. Deputy Supervisor Bylewski said he believes it is for various items to be purchased over a period of years. Town Engineer Joseph Latona added that it is in compliance with the recommendations of the Capitol Improvement Committee.
          Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York, adopted April 25, 2007, authorizing construction of a new road and related improvements in the Eastern Hills Corridor, stating the estimated maximum cost thereof is $918,000, appropriating said amount therefor, and authorizing the issuance of $918,000 serial bonds of said Town to finance said appropriation, subject to a Permissive Referendum.
          On the question, Town Engineer Joseph Latona said we are receiving a $900,000 grant from the Federal Government and the Town will be responsible for 20%. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of the local government, exists throughout the world; and
          WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and
          WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and
          WHEREAS, the Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and
          WHEREAS, the Municipal Clerk is the information center on functions of local government and community; and
          WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and.
          WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk.
          NOW, THEREFORE, BE IT
          RESOLVED, that the Clarence Town Board, does hereby recognize the week of April 29 through May 5, 2007, as Municipal Clerk Week and further extends to our Town Clerk, Nancy C. Metzger, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.
          Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Deputy Supervisor Bylewski announced that Town Historian, Mark Woodward is hosting a "Coffee With the Town Historian" on Saturday, April 28th from 9:00 A.M. to Noon at the Town Park Clubhouse. He invites you to celebrate the rich history of Clarence and he will help you locate a photo of your house. Enter the Clubhouse by the tennis courts. For more information, call 759-6170.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Weiss to grant a Special Event Request by Zion Lutheran Church to host a Triathlon on Sunday, June 3, 2007. On the question, Deputy Supervisor Bylewski said they will begin at 1:00 P.M. from the church, north on Elm to the bike path, follow the bike path west to Stahley Road, then east to Salt Road, back to Elm and return to the church. They expect 50 to 100 participants. The Supervisor's office will notify appropriate agencies. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Town of Clarence Sign Law update. This Unlisted Action involves the adoption of a new Sign Law for the Town. After thorough review of the draft law and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board and including a coordinated review among involved agencies, it is determined that the proposed action is consistent with Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Kolber that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Adequate Public Facilities Local Law. This Unlisted Action involves the adoption of a Local Law to ensure that adequate public facilities exist in reviewing and approving new developments. After thorough review of the draft law and the Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board and including a coordinated review among involved agencies, it is determined that the proposed action is consistent with Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Medical Office Building at 8421 Sheridan Drive. This Unlisted Action involves the development of a 4,900 +/- square foot medical office building in the Restricted Business Zone. After a thorough review of the submitted site plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board it is determined that the proposed action is consistent with Master Plan 2015 and will not have a significant impact upon the environment. On the question, Councilman Casilio said he will recuse as his sister is involved with this project. Upon roll call Ayes: Councilmembers Kolber, Weiss and Bylewski; Noes: None. Recuse: Councilman Casilio. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Weiss to remove April Reger as a member of the Youth Board due to the residency requirement. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Kolber to accept, with regret, the resignation of Pamelann Distefano from the Youth Board. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.
          Deputy Supervisor Bylewski said we now have two openings on the Youth Board. Anyone interested should obtain an application from the Town Hall or from our website. Applications will be accepted through May 25, 2007.

Motion by Deputy Supervisor Bylewski, seconded by Councilman Weiss to grant permission for Youth Bureau Director Dawn Kinney to attend the Association of NYS Youth Bureau Director Training May 8 10, 2007 in Rome, New York with all reasonable and necessary expenses. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Deputy Supervisor Bylewski announced that Item 15 Louie's Car Clinic request for a Public Hearing to consider a Special Exception Use Permit for automotive sales at 9385 Main Street is removed from the agenda as the applicant is unable to be here.

Motion by Councilman Weiss, seconded by Councilman Kolber that the following items be declared as surplus equipment from the Parks Department and sold at auction: 1 1997 Ford F150 Pickup Truck, VIN# FTDT1825VCA40571; and 1 1994 Jacobsen HR-15 Mower. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber that upon recommendation by Parks Crew Chief John Burns, the following are hired for Seasonal Help in the Parks Department at the budgeted rate of pay: Kevin Cournan, Cara Pavlock, Ryan Stevens, Matthew Frey, Colin Getter and Dmitrix Aaron effective 5/14/07; and Matthew Porebski effective 5/26/07. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to award the contract for the Genealogy Museum Re-Roofing Project to Allgaier Construction Corp. of Clarence, NY, being the lowest responsible bidder in the amount of $18,300 to be paid from the Museum Maintenance Budget. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to award the contract for the Town Park Clubhouse Masonry Restoration Project to Raymond E. Kelley, Inc. of Bowmansville, NY, the lowest responsible bidder in the amount of $43,250 to be paid from the Town Park Clubhouse Bond issue. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Councilman Weiss announced that through the Re-Tree project, we are receiving 75 Elm Trees to be planted in Memorial Park and an additional 10 trees acquired by a scout troop.

Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board grants permission to the Clarence Girls Softball Association, Inc. (hereinafter referred to as CGSA) the use of a small trailer (a/k/a portable snack bar) at the Clarence Town Park to be provided by the Coca-Cola Bottling Company for the purpose of selling and storing their products. This would be for the sale of soft beverages only. This resolution is also subject to: 1. Proof of Liability Insurance coverage and a current Certificate of Insurance naming the Town of Clarence as additional insured from the Coca-Cola Bottling Company provided annually. 2. Proof of Parks Department approval of location of trailer. 3. That trailer will be securely stored. 4. That trailer will be staffed by a CGSA League member or other responsible adult. 5. The time period when the cart will be utilized will be May 5 August 15, 2007. 6. That the Town will not be responsible in any way for the portable snack bar. 7. That the CGSA will be required to request permission of the Town Board for the use of the portable snack bar annually before the beginning of the softball season.
          Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Councilman Kolber announced that Daniel Michnik was appointed as Vice President of the Zoning Board of Appeals at the March 7, 2007 Town Board Work Session effective March 7, 2007.

Councilman Kolber said the Library Board is still in search of a new Librarian. They thought they had someone, but it did not work out.

Councilman Kolber said the Town of Amherst reduced funding for their Assessor's office and ended up losing over $200,000 in State funding. Now it will cost them a lot of money to come back up to speed without the State aid. He believes that Clarence has maintained its equity and is fair and objective. If someone is not in agreement with their assessment, they can always go through the challenge process.

Councilman Kolber said he is disappointed in the article in the News in regard to the Sewers and Amherst saying that we owe them. We have made every effort to straighten this out, but to date have not received the information requested to determine if in fact the Town of Clarence owes anything.

Councilman Casilio said that labor relations are meeting weekly now and they hope to have contracts soon.

Motion by Councilman Casilio, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that Kathleen Hallock, as Supervisor of the Town of Clarence, is hereby authorized and directed to sign, submit and execute a contract with Preservation Preserve New York and the New York State Council on the Arts requesting $10,000 to conduct an Intensive Level Cultural Resource Survey in the Town. The Town of Clarence will contribute $18,000 in cash and in-kind goods and services of 64% of the total project cost of $28,000.
          Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Councilman Casilio, seconded by Deputy Supervisor Bylewski to request that Erie County Water Authority install three fire hydrants on Salt Road between Greiner Road and Howe Road. The Town of Clarence agrees to pay the annual rental and maintenance fees. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Councilman Casilio said he is also disappointed in the article in the News regarding the sewers. He feels we were misrepresented by our own concerns with the agreement.

Town Clerk Nancy Metzger received a resolution adopted by the Town of Lancaster in support of new legislation regarding Internet Sex Crimes Against Children.
          A letter was also received from Assemblyman Mike Cole thanking Clarence for their supporting resolution on the subject as he is co-sponsoring this legislation in the Assembly.

A resolution was also received from the Town of Marilla in support of keeping St. Joseph's Hospital open.

Public Participation

Renee Desai said she believes we already have too many committees. The Town should not appoint any more unless it is absolutely necessary. The idea for a Diversity Committee is ludicrous.

West-Herr Automotive Group requests approval of a parking lot expansion at 5505 Transit Road. James Callahan said the location is the east side of Transit Road, south of Roll Road in the Major Arterial Zone. They recently demolished an existing structure and would like to expand.
          John Wabick from West-Herr said this creates a contiguous property for them and they intend to make it more appealing for the customers and the Town.
          Deputy Supervisor Bylewski said the concerns discussed were in regard to signage. His thought is if this moves forward to initially apply for a Temporary Conditional Permit and if all goes well, they could eventually apply for a Special Exception Use Permit.
          James Callahan said it does meet all of the Zoning requirements. The Landscape Committee has reviewed the project and recommends approval.
          Mr. Wabick said there will be one less sign because all of the property is now continuous. His only concern about temporary is that they are spending about $300,000 to develop the site.
          Councilman Kolber said there is no difference on what they can do.
          Motion by Councilman Casilio, seconded by Deputy Supervisor Bylewski to set a Public Hearing for May 23, 2007 at 7:55 P.M. to consider the request for a Temporary Conditional Permit for a parking lot expansion at 5505 Transit Road. On the question, Councilman Weiss said he will recuse as he has a business relationship with the applicant. Upon roll call Ayes: Councilmembers Casilio, Kolber and Bylewski; Noes: None. Recuse: Councilman Weiss; Absent Supervisor Kathleen Hallock. Motion carried.

Dan Glushefski requests a Public Hearing to consider a Special Exception Use Permit for a Bed and Breakfast Inn in the Agricultural Flood Zone at 8130 Goodrich Road. James Callahan said the location is the southwest corner of Goodrich Road and Sesh Road.
          Mr. Glushefski said they plan to build a new home on the property and run the existing home as a bed and breakfast. It would offer a quiet place to stay in the country for a night or two. They may have horses. Guests could take a walk. It would be an alternative to an Asa Ransom type business.
          James Callahan said the property is over 30 acres.
          Councilman Weiss said a concern raised was that they would not like to see it turn into a multiple apartment unit.
          Motion by Deputy Supervisor Bylewski, seconded by Councilman Kolber to set a Public Hearing for May 23, 2007 at 7:45 P.M. to consider the request for a Special Exception Use Permit for a Bed and Breakfast Inn at 8130 Goodrich Road. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Clayt Ertel requests a Minor Subdivision Approval to create an additional residential building lot at 6537 Conner Road. James Callahan said the location is the east side of Conner Road, north of Stahley Road.
          Clayt Ertel said he is representing the seller of the estate. The parcel is 10+ acres. There would be 193 ft. frontage on the lot.
          James Callahan said they have reviewed the Environmental Assessment Form and the application. The parcel is located in the Agricultural Rural Residential Zone.
          Motion by Deputy Supervisor Bylewski, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Minor Subdivision at 6537 Conner Road. This Unlisted Action involves the creation of a residential building lot in the Agricultural Rural Residential Zone. After thorough review of the Environmental Assessment Short Form, it has been determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Jerry Young/Staybridge Hotels requests Preliminary Concept Review of a proposed new hotel at 8005 Sheridan Drive. James Callahan said the location is the southeast corner of Transit Road and Sheridan Drive consisting of approximately 5.1+/- acres in the Major Arterial Zone.
          Jerry Young said they intend on demolishing everything on the site. The cell tower will remain as they have quite a long lease in place.
          Motion by Deputy Supervisor Bylewski, seconded by Councilman Weiss to refer the request by Jerry Young/Staybridge Hotels for Preliminary Concept Review of a proposed new hotel at 8005 Sheridan Drive to the Planning Board. On the question, Deputy Supervisor Bylewski said to avoid impermissible segmentation issues, the project should be reviewed by the TEQR Committee including the proposed restaurant. Town Attorney Steven Bengart said there may be an issue with the height of the proposed building. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Deputy Supervisor Bylewski said again, Item 15 was removed from the agenda.

Rajinder Bansal regarding creation of a Diversity Committee in the Town of Clarence. Mr. Bansal said when he was in the Town Clerk's office he had asked if Clarence had such a committee. He went to the Town of Amherst to try and find out information and was unable to find anything out. He has no intention of creating or forming a new committee.

Motion by Councilman Weiss, seconded by Councilman Casilio to grant approval of the following: Clubhouse Applications - A. Day in the Park Committee May 10, 2007; B. Clarence Youth Bureau July 9, 11, 16, 18, 20, 31; Aug. 14, 2007; Legion Hall Applications - American Legion Auxiliary May 15, 2007; Pavilion Special Request - A. Cub Scout Pack 27 Overnight Campouts May 19 & Sept. 29, 2007; Councilman Weiss said Pavilion Special Request Item B. Rajinder Bansal June 9, 2007; July 21, 2007 is denied based on the occupancy. On the question, Deputy Supervisor Bylewski said he is welcome to reapply. The number of people as listed on the application was way over the capacity of the pavilion. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of April 19, 2007 are approved for payment: General Fund - $805,103.59; Highway Fund - $19,907.19; Water District - $33,607.92; Lighting Districts - $1,048.26; Sewer Districts - $58,205.00; Capital Fund - $66,514.36; and Trust and Agency 205 - $192.50 for a total amount of $984,578.82. Upon roll call Ayes: All; Noes: None. Absent: Supervisor Kathleen Hallock. Motion carried.

There being no further business, Deputy Supervisor Bylewski adjourned the meeting at 8:35 P.M. in memory of the Virginia Tech students and service men and women here and abroad.

Nancy C. Metzger
Town Clerk