A Work Session of the Clarence Town Bard was held on June 8, 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 Bernie Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Director of Community Development James Callahan, Deputy Town Attorney David Donohue, Senior Building Inspector David Metzger, Town Engineer Joseph Latona and Director of Administration and Finance Pam Smith.
Director of Community Development James Callahan
Stevens Collision 10055 Main Street
Applicant requests a building permit and architectural approval to add a pitched roof to existing structure.
Holy Cross Lutheran Church 8900 Sheridan Drive
Applicant requests Development Plan and Architectural approval for construction of an addition to existing church. The Planning Board has forwarded a recommendation for approval. The Engineering Department and the Landscape Committee have reviewed the project and approved the submitted plans.
Steve and Joyce Bakowski Lakeside Industrial Park
Applicant requests concept approval for development of a self-storage facility. Applicants understand that they cannot move forward with their project until the overall park development has approval.
Waterford Village Bank 8411 Main Street
Requests Development Plan and Architectural approval for construction of a new commercial bank and a temporary trailer for use during construction. The Planning Department has forwarded a recommendation on the Development Plan. The trailer will remain on site for six months or whenever the Certificate of Occupancy is issued.
Charles Reid 6695 Transit Road
Requests a Public Hearing to allow for light manufacturing and outside storage at a fence business. The Planning Board has forwarded a recommendation on the Change-in-Use and the construction of a pole barn.
Request a Fireworks Display Permit for Day in the Park on July 2, 2005.
WORK SESSION ITEMS:
Douglas Klotzbach 10998 Keller Road
Applicant requests Development Plan approval for a 3-lot Open Development to be located on the west side of Keller Road as Keller Road bends east into the Town of Newstead. The Planning Board has forwarded a recommendation on the application and the Engineering Department has forwarded an approval on the design as submitted.
Doug Kokanovich 10520 Keller Road
Applicant requests a Pond Permit at his existing single-family residence located on 10+/- acres in the Agriculture/Residential Zone. The proposed site is located on the north side of Keller Road between Strickler Road and Salt Road. The Soil and Water Conservation District has forwarded a design per local law.
Vito Pace 5485 Salt Road
Applicant requests Development Plan approval for a 3-lot Open Development area. The existing vacant parcel consisting of 8.26 acres in the Agriculture Zone is located on the east side of Salt Road, north of Greiner Road. The Planning Board has forwarded a recommendation with conditions.
People Incorporated 4725 Transit Road
Applicants are seeking approval for the construction of a 50 unit senior housing project. The proposed site is located on the south side of Sheridan Drive on the east side of the access route to Eastern Hills Mall consisting of 4.1 acres in the Commercial Zone. The Planning Board has reviewed the Concept Plan. To move forward, this multi-family project will require a Special Exception Use Permit in the Commercial Zone.
Krislyn Office Building 6215 Transit Road
The proposed site is located on the east side of Transit Road north of Woodbridge Village subdivision and adjoining Gott Creek. The property consists of approximately one acre in the Major Arterial Zone. The Master Plan identifies the area in a commercial classification. The applicant has received a variance to move the building forward so there will not be any parking in the front.
Supervisor Kathleen Hallock
Supervisor Hallock has two block party requests.
Supervisor Hallock received a complaint from Clarence Center VFC regarding parking during ball games. There are designated areas for the spectators but cars have been using the main fire hall lot, which is reserved for firemen. Coaches of all softball leagues received a notice about it several weeks ago but the problem still persists. Supervisor Hallock wrote to the president of Girls Softball and he e-mailed her back saying that he has spoken to the fire company president and will get further clarification to all the parents and coaches about where to park.
Supervisor Hallock has a resolution authorizing her to submit a grant application for trail development, a small parking lot and picnic benches at the Tonawanda Creek property.
Supervisor Hallock has a resolution authorizing Friends of Clarence to purchase and plant trees, benches and stone fences on the Arboretum.
Supervisor Hallock received a communication regarding a cell tower on Town property.
Supervisor Hallock will make a motion for the fencing contract for the Ransom Road Bridge and its approaches. Town Engineer Latona stated that the Ransom Road bridge is completed. As part of the project, the DOT has proceeded to place the fencing on the bridge. As a result, it is now open on both ends, fencing will be added to the approaches to both ends of the bridge approximately 100’. Two 8’ high gates will be installed at each end of the bridge. The DOT was supposed to do some of this fencing as part of their contract however, they forgot. The Town will complete the work and submit the bill to the DOT.
Supervisor Hallock received a Memorandum of Understanding from the Office of Real Property Services to continue the reassessment project.
Supervisor Hallock received notice through the Association of Erie County Governments that a two year County Snow Plowing Contract was passed by County Legislators.
Supervisor Hallock has one item to discuss in Executive Session.
Town Engineer Joseph Latona
Town Engineer Latona received prices for fencing (just material) for Memorial Park. The material will cost between $25,000. - $28,000. However, there is no money in the budget for it. This would have to go through the bidding process. Mr. Latona indicated that if we could come up with the money, the Parks Department could schedule installation.
Town Engineer Latona stated that there is approximately $15,000 worth of topsoil left over from the Memorial Park project. If that could be bid out, the money could be used for the fencing.
Councilman Scott Bylewski
Councilman Bylewski has several corrections to the minutes.
Jonathan Powers has resigned from the Youth Center Board. The application process will be open until July 13, 2005.
Clarence Center VFC is requesting permission to hold their annual Labor Day Parade.
The Planning Board and Planning Department are seeking permission to attend a seminar.
Councilman Bylewski will make a motion authorizing the Supervisor to go forward with multi year budgeting so we know which direction the Town is heading.
Town Engineer Latona has scheduled a meeting with Brad Guay from the Army Corps of Engineers relative to extending a modified service to the Town of Clarence to do a limited study of our soils.
Fox & Company Auditor’s Report - James Parkes/Brian Juskiewicz
James Parkes provided a review of the financial statements for the year ending December 31, 2004.
Summary of Account Revenues
Real property tax represents 48% of revenues, non-property tax items (sales tax, franchise fees) represent 24% of revenues, and State Aid represents 11% yearly revenues all other revenues combined represent 17%. Total revenues for 2004 were $15,332,887. an increase of $319,031.
Real property tax increased by $396,458, non-property tax items increased $114,436. State Aid decreased by $301,063.
Summary of Expenditures
Transportation was 20% total expenditures, Public Safety 17%, Culture and Recreation 15%, and General Government Support is 14%. Total expenses for 2004 were $15,770,431. An increase of $785,883.
Summary of Fund Balances
Undesignated Funds represent 56% of the budget (this is money the Town can use as they feel is appropriate), 40% represent Designated Funds, which means that it is designated for the purpose of balancing the 2005 budget. 4% represents Reserved Funds.
Summary of Revenues and Expenditures
The actual Revenues came in higher than the budgeted amount. The budgeted amount was $13,250,110 the actual amount was $14,134,187 for a variance of $884,077. Actual Expenditures came in lower than anticipated. The budgeted amount was $15,534,103. The actual amount spent was $14,515,275 for a variance of $1,018,828.
As previously reported to the Town Board, the Town has been consistently using a budgetary approach that results in significant overstatement of planned expenditures and significantly underestimates revenues. Fox & Company is suggesting the Town Board review the various methods of budgeting and adopt one that will best suit the Town of Clarence. Budget methods presently in use include: Conventional conservative budgeting, Modified zero-based budgeting and Inflation add-on budgeting.
Federal Community Development funds are properly recorded in Community Development Fund, however, corresponding expenditures are recorded in General Fund and subsequently reimbursed by interfold transfers. The Community Development Fund is required to record its own expenditures in detail within the fund. Fox & Company recommends that all expenditures be recorded within the Community Development Funds without General Fund involvement. This is not a violation, just a recommendation.
Individual Capital Projects are continuing to borrow money from one another to fund their respective operations. While projects record receivable/payables for inter-project borrowing, State law prohibits borrowing between Capital Projects. If funds are needed on a temporary basis, Fox & Company recommends that such funds be borrowed from the General or other operating funds to loan money, under a strict repayment plan.
During 2004 the Townwide Drainage District transferred $316,000 to the Highway Fund to reimburse it for expenditures incurred relating to the Townwide Drainage District. The Highway Fund accounting records do not segregate the Town wide Drainage District expenditure amounts. They are grouped in with the other Highway Fund expenditures. Thus, by looking at the accounting records and related financial statements, one would assume that the Highway Fund expenditures are all for just “Highway” when in fact the amount includes $316,000 relating to the Townwide Drainage. Fox & Company is recommending the we charge the Townwide Drainage District expenditures directly to the District as they are incurred. It was also suggested that the Highway Fund establish separate budgetary line(s) for Townwide Drainage District expenditures and actually determine and charge the expenditures to these new budgetary line items.
The Park Land Fund requires a budget with the implementation of GASB #34. In NYS, general statutory law requires the establishment of appropriations as a means of providing control over amounts that may be expended. In addition, revenues must be estimated and budgets are required for funds classified as general, special revenue, capital projects, debt service and proprietary. At a minimum, revenues must be controlled by source and expenditures/expenses by functional unit and basic object of expenditure/expense. The books of accounts must establish budgetary control at the level of detail contained in the original budget and as modified by the governing board during the fiscal year. This is in the budget process for 2006.
At December 31, 2004 the Aquatic Growth and the Fire Protection Districts both reflected a deficit fund balance. It is recommended that the Board review the operations of these districts and develop a plan to eliminate the deficit fund balance.
Effective for the year 2008, the Town of Clarence will be required to record the present value of future post employment benefits for retired workers, their beneficiaries, their dependents and terminated employees not yet receiving benefits. Benefits include: health care, dental, life insurance and other types of post retirement benefits for which the Town is obligated. Fox & Company is recommending the Board prepare in advance for the implementation of GASB #45. Generally an actuarial valuation is required for employers with more than 100 members, and will be required biennially or triennially. Based upon identified OPEB (Other Post Employment Benefits) items, the Town should consider hiring an actuary to compute the present value of all benefits to be recorded in 2008.
Councilman Joseph Weiss
Councilman Weiss gave an update on Day in the Park.
Parks Crew Chief John Burns is requesting a bid date for June 21, 2005 @ 10:00 A.M. for the purchase of a used bucket truck.
Councilman Weiss will remind residents that the mulch at the Highway Department can only be picked up using a hand shovel. Large power loading equipment is prohibited.
Councilman Weiss stated that after talking with several departments, it was discovered that there was never any evaluation done on the number of building permits issued.
Councilman Bernie Kolber
Councilman Kolber will announce that the Summer Recreation schedule is available in the Town Clerk’s office. The Town pool opens June 22.
Councilman Kolber will announce openings on the Zoning Board of Appeals; applications will be accepted until June 15, 2005. There is also an opening on the Recycling Committee; applications will be accepted until June 30, 2005.
Motion by Councilman McPherson, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the employment history of a particular person (s) and matters leading to the discipline of a particular person. Upon roll call – Ayes: All; Noes: None. Motion carried.
There being no further business, the meeting adjourned at 7:20 P.M.
Darcy A. Snyder
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. Motion carried. No action taken.
Regular meeting of the Town Board of the Town of Clarence was held Wednesday, June 8, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Joseph Weiss led in the pledge to the flag, followed by a prayer read by Supervisor Hallock.
Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Deputy Town Attorney David Donahue, Town Engineer Joseph Latona, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.
Motion by Councilman Kolber, seconded by Councilman Weiss to accept the minutes of the previous meeting held May 25, 2005. On the question, Councilman Bylewski had a correction on page 167 – “The proposed site is located…”. Page – 178, “Mr. Horning said to consider it done.” Page 180 – “…the court in its order threw out the conclusion…”. 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 on June 1, 2005. Upon roll call – Ayes: Councilmembers Bylewski, Weiss, Kolber and Supervisor Hallock; Noes: None. Abstain: Councilman McPherson (as he was not present). Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize the Friends of Clarence, Inc. to perform the following tasks on behalf of the Town of Clarence: 1. The purchasing of trees, shrubs, assorted plants, seats, benches, stone fences and like items for the area designated as the Town Arboretum. 2. The planting, placing and/or arranging for the planting and/or placing of trees, shrubs, assorted plants, seats, benches and stone fences for the area designated as the Town Arboretum. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman McPherson to award the fencing contract for the Ransom Road Bridge and approaches to Armor Fence Company of W. N. Y. in accordance with their proposal dated June 6, 2005 in the amount of $15,949. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant approval for a Special Event Permit for a Block Party to be held July 4, 2005 from 1:00 P.M. to 11:00 P.M. on Garrock Road between Clearview Drive and Red Tail Run. On the question, the Supervisor will notify the proper authorities. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant approval for a Block Party on July 28, 2005 from 5:00 to 9:00 P.M. on Lantana Drive between the first house on the right and Goodrich Road. On the question, the Supervisor will notify the proper authorities. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman McPherson announced that we have made a request, based on the request from the Clarence Hollow Association, to the New York State Dept. of Transportation to evaluate the reduction of the speed limit in the Clarence Hollow from 40 to 35. A letter was sent to the regional director.
Motion by Councilman Bylewski, seconded by Councilman McPherson to accept, with regret, the resignation of Jonathan Powers from the Youth Center Board effective immediately. Mr. Powers accepted a job offer in Washington D. C. with the Vietnam Veteran’s of America Foundation. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski said there are now two vacancies on the Youth Center Board. Anyone interested should apply by July 13, 2005.
Motion by Councilman Bylewski, seconded by Councilman Weiss to grant permission to the Clarence Center Fire Company to hold their Annual Labor Day Parade on Monday, September 5, 2005 starting at 1:00 P.M. beginning in Pine Breeze subdivision, south on Goodrich Road, east on High Street, south on Elm Street and west on Clarence Center Road. On the question, Councilman Bylewski said they have traffic control arranged with their Fire Police and will request a car from the Sheriff’s Department and the State Police. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski received the May 2005 Operations Report form the Central Fire Alarm Office. Town of Clarence fire companies responded to the following: 2 – Structure Fires; 1 – Motor Vehicle Fire; 10 – Miscellaneous Fires; 84 – EMS Calls; 11 – Motor Vehicle Accidents; and 30 – Miscellaneous Calls for a total of 138 alarms.
Councilman Bylewski received the year-end Single Family Dwelling Statistics from the Building Department. He reported that, 2004 – 103 permits were issued in subdivisions and 63 out for a total of 166. May 2005 – 13 in subdivisions and 2 outside. May 2004 – 12 in subdivisions and 9 out of subdivisions. May 2004 y-t-d: a total of 75 permits issued and May 2005 y-t-d: a total of 49 permits issued. Building is continuing in the Town of Clarence while we are under the moratorium.
Councilman Bylewski deferred to James Callahan for the 28th update of the action items while under the moratorium.
Motion by Councilman Bylewski, seconded by Councilman Weiss to grant permission for the following: up to four people from the Planning Board and Planning Department to attend the DOS Teleconference on Open Space and Farmland Conservation in NYS in East Aurora on June 21, 2005 at a cost of $15 per person; and up to five people to attend the Association of Towns New York Planning Federation Summer School in Geneseo on July 28, 2005 at a cost of $45 per person, including use of a Town vehicle if necessary. These requests are budgeted items. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize the Supervisor to enter into a contract with Drescher and Malecki, the Town accountants, for a multi-year budgeting plan, subject to Town Attorney approval. On the question, Councilman Bylewski said this is a budgeted item. Councilman Kolber asked if there is a cap on the amount to be spent. Councilman Bylewski said it is $25,000, and the cost discussed with them is under that amount. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Kolber to accept the resignation of Ron Bosela as part-time security officer effective June 3, 2005. On the question, Councilman Weiss said he stated that he has enjoyed working for the Town, but other responsibilities have made it difficult to continue. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Kolber to appoint Joseph French to the position of Security Officer PT at the budgeted rate of pay. On the question, Councilman Weiss said the new hires in the Security Department are trained and licensed. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of June 21, 2005 at 10:00 A.M. for the purchase of a Used Bucket Truck for the Parks Department. Funds are available in the Parks Equipment Budget. On the question, Councilman Weiss said the purpose is to be able to negotiate smaller areas. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Weiss announced that there is mulch available for the residents at the Highway Department. You can take all you want, as long as you do not load it mechanically.
Motion by Councilman Kolber, seconded by Councilman McPherson to authorize the Supervisor to sign a Memorandum of Understanding with the New York State Office of Real Property Services. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Kolber, seconded by Councilman McPherson to adopt the following resolution:
Councilman Kolber announced that the Recreation Department summer schedule is out regarding all of the activities available. The Town Park Pool will open June 22nd. Supervisor Hallock added that the recreation schedule is also available on our website under Departments.
Councilman Kolber announced that we are accepting applications for the Zoning Board of Appeals for one more week. Also, we are accepting applications for the Recycling Committee through June 30th.
Joseph D. Latona, P. E., Town Engineer gave an update on the Sanitary Sewer Project. Tom Malecki, of Drescher and Malecki who has helped us with the financing was also present. Mr. Latona stated that Sewer District No. 9 was established in 1998. Erie County Sewer District No. 5 includes the Sisters of St. Joseph. The portions of the sewer that have been installed as part of the NYS DOT Main Street project are along Main Street, Bank Street, and west on Greiner Road to the District boundary where it ties into the Heise/Brookhaven Trunk Sewer. These have all been accepted. Mr. Latona said his office will be sending out notices in July or August for people to hook up to the sewers in front of their properties. Along with that the Town will be accepting the Heise/Brookhaven Trunk Sewer to which all of these lines will flow. There are a few loose ends that have to be cleared up on the Trunk Sewer.
Don Schmid, 10835 Park Ave. said he has been waiting for sewers for about 50 years and they do have rock in his area. He said it sounds like they are not going to get sewers. What if we bonded the project at today’s prices? Mr. Latona said we have some money, but we do not know where we will construct the sewers next. We cannot afford to do the project without outside funding. There is a limit as to what the residents can be charged. Supervisor Hallock said it could not be charged town-wide, only to those who benefit from the district. Councilman McPherson said when the district was formed, the pledge to the residents was that they would not be charged unless there was service, and the charge would not exceed what the State Comptroller establishes. He believes we will have to take what we have and take it as far as we can to get as many people hooked up as possible.
Pete Rizzo said he owns property on Main Street and he would like to know about the topography at this site. He also asked if the loans were for commercial or rental properties? Mr. Latona said he has asbuilt drawings at his office. He is not sure about the loans. They are based on income and the number of people per household.
Stevens Collision requests a Building Permit and Architectural Approval to add a pitched roof to the existing structure at 10055 Main Street. James Callahan said the location is the south side of Main St., east of Xavier Road consisting of 1.5 acres in the Commercial Zone.
Holy Cross Lutheran Church requests Development Plan and Architectural Approval for construction of an addition to the existing church at 8900 Sheridan Drive. James Callahan said the property is located on the north side of Sheridan Drive, east of Shimerville Road consisting of 3.3 acres in the Restricted Business Zone. The Planning Board recommended approval and the Engineering Department and Landscape Committee have approved the submitted plans.
Steve and Joyce Bakowski request Concept Approval for development of a self-storage facility in the proposed Lakeside Industrial Park on County Road, west of Goodrich. James Callahan said the location is the recently proposed Industrial Business Park on existing vacant land in the Industrial Business Park Zone.
Waterford Village Bank requests Development Plan and Architectural Approval for construction of a new commercial bank and a Temporary Trailer for use during construction at 8411 Main Street. James Callahan said the location is on the south side of Main Street, west of Harris Hill Road consisting of 1.6 acres in the Harris Hill Traditional Neighborhood District. The Planning Board recommended approval.
Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize the use of a Temporary Trailer for Waterford Village Bank at 8411 Main Street for use during construction for a period not to exceed 6 months or until a Certificate of Occupancy is issued, whichever comes first. On the question, Councilman Bylewski said it is his understanding that the trailer will be placed according to the site plan submitted, which will become the drive-thru area. Mr. Whalen said that is correct. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Kolber to set a Public Hearing July 13, 2005 at 7:45 P.M. to consider the request for a Special Exception Use Permit to allow for light manufacturing and outside storage for a fence business at 6695 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a Fireworks Display Permit for Clarence Day In The Park to be held July 2, 2005. All required approvals are in place. Upon roll call – Ayes: all; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Supervisor Hallock to grant approval for the following: Clubhouse Applications – A. Clarence Girl Scout Leaders – June 20, 2005; B. Eagles Wings – July 6, 2005; C. Clarence Hollow Association – July 9, 2005; Legion Hall Applications – A. Lisa Keenehan – June 24, 2005; B. Nicole Ross – June 26, 2005; C. Jennifer Swatsworth – July 10, 2005; D. Darlene McNiff – Aug. 6, 2005; E. Dan Michnik – Sept. 2, 2005; and F. Marian Olivieri – Dec. 10, 2005. On the question, Councilman Bylewski said he and others on the Board are members of the Clarence Hollow Association. In conversation with the Town Attorney, he said that they should disclose that, however it does not prevent any of them from voting. Upon roll call – Ayes: All; Noes: None. Motion carried.
There being no further business, Supervisor Hallock adjourned the meeting at 8:42 P.M. in memory of Bud Harris, a former Receiver of Taxes for the Town of Clarence, who passed away last week.
Nancy C. Metzger