06/14/06


A Work Session of the Clarence Town Board was held on June 14, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 5:35 P.M. Members of the Town Board present were Council member's Scott Bylewski, Joseph Weiss, Bernie Kolber and Patrick Casilio. Other Town Officials present were Deputy Supervisor Anne Case, Town Attorney Steven Bengart, Director of Community Development James Callahan, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith and Senior Building Inspector David Metzger

Professor Samina Raja

The purpose of this meeting is to have Professor Raja advise the Town Board of the break-even point of the cost of homes and the assessed value of houses which then could lead into the building cap. Councilman Bylewski stated that basically there had been discussion about updating the financial information that went into the Master Plan.

Councilman Kolber said that he has had several conversations with Professor Raja and she feels that there are things that can be done to create a defensible position for the building cap numbers or for the rate of growth. Councilman Bylewski suggested having a public hearing regarding the building cap but stipulate that figure may change based on the information that comes back from the study being done by Professor Raja. Councilman Weiss suggested that the Town accept TEQR Chairman Matt Balling's recommendation on the building cap.

Councilman Kolber stated that the APFO (Adequate Public Facilities Ordinance) is presently ongoing. He questioned what the Town Board could do as a town to control our rate of growth for good reasons and then have that substantiated. Dr. Raja stated that she has looked at the rate of growth that the Town has right now after one of her students studied the growth cap in the Town of Clarence. Unless it is part of the Town's plan and unless it is justified that it is part of a larger plan that has been in place and the town is being strategic about its growth and not exclusionary then it is okay however, right now it does not come across that way in the Master Plan. The Town needs a follow up document established in conjunction with the Master Plan that talks about where the Town is going with growth, something like a Growth Management Plan. Once that is in place, the Town would not be subject to litigation. The building cap number identified in the Master Plan is not sufficient. Right now the town has strategic areas of growth identified in the Master Plan which is a good move in that the town wants to redirect development in certain areas but it allows development (single homes) elsewhere also. You shouldn't just consider a building cap number but also where the Town will allow a certain number of houses, is it going to be allowed in certain areas and excluded from other areas.

Town Attorney Bengart asked if there could be a study done that could create a basis for why the Town would exclude development in certain areas. Professor Raja stated that a Growth Management Plan would take care of this it does not just include a building cap. In reviewing town data, Professor Raja stated that there have been several years where the town has not met the building cap except in subdivisions. Part of the Growth Management Plan will not only look at the building cap but there are a multiple of strategies that the town can use to reduce growth or redirect it or have the kind of growth that is fiscally smart and environmentally sustainable. While big houses with the right assessed values are important, it is only a part of the picture.

Councilman Bylewski stated that since the Master Plan was enacted in 2001, the subdivision cap in 2001 was 173 homes and 186 in 2002.

Councilman Kolber stated that one of his concerns is that we keep focusing on a dollar amount, what is the break even point with assessed valuation and could that be used against the Town. Professor Raja stated that it could be used against the town if the purpose of the study is to just come up with a dollar amount which will then determine that you are only going to allow only a certain assessed value house then it is discrimination or it could be construed as that however, that is not the point of a fiscal impact study. The point of a fiscal impact study is to help the town decide what type of expenditures the town will incur and what type of revenues it will generate.

Director of Community Development James Callahan pointed out that when the Master Plan was developed, the rational for coming up with the cost benefit analysis, (the break even was a byproduct of that) was determined what is the best land use balance for this community as we move forward and identifying those areas where we can accommodate future residential growth, commercial and industrial growth and the balance of all that.

Professor Raja stated that if done correctly, the Fiscal Impact Study needs to be extended so that it looks more at the cumulated impacts of development rather than a snapshot. That is why in many areas not just the Town of Clarence decisions are being made piecemeal in a short time frame which does not work in the Towns favor. Commercial development can bring certain benefits more so than residential development however the Town is not capitalizing on that.

James Callahan further stated that the purpose of the Master Plan was to identify how our Zoning and Subdivision Laws should change and how we should build this community based on land use into the future without getting into the numbers which is what the Fiscal Impact Study would do.

Councilman Bylewski asked how long it would take Professor Raja to do a Cumulative Impact Study. Professor Raja stated that would depend on how elaborate the Town Board wanted it. A cumulative impact is not just on one expenditure category, it is on all expenditure categories that the Town incurs. It looks at all revenue sources that we have. For a more detailed study, it would take 8 -12 months and could include the school district. This study would update the current Fiscal Impact Study so the Town would have more current reads on the fiscal impact of development now and what the impact of development would be 10 15 years from now. The snapshot should be done at least every five years.

Professor Raja stated that the defensibility of the building cap does not require a very thorough fiscal impact analysis. The defensibility of the building cap requires a growth management plan which requires the fiscal impact analysis. A crude growth management plan would be based on the fiscal impact analysis the town has now, it would just have to be updated.

Town Attorney Bengart suggested the Town Board decide on a scope of work for Professor Raja so that he can put a contract together. Councilman Bylewski stated that he is looking for a cumulative impact which would lead to a rate of growth. Professor Raja stated what she is hearing today is that the Town is looking for a plan on paper that would make the building cap defensible. The building cap is a narrow goal. Professor Raja suggested putting a document in place that suggests the Town needs several strategies one of which is the building cap. All of these strategies will help Clarence meet its Master Plan goals. It can be called a Growth Management Plan or a Strategic Plan however, for Professor Raja to do that she would need to compute projected rates of growth for development and likely fiscal impact from that cumulative over time. Councilman Kolber stated that the building cap is looked at as a number but more importantly is a future management plan as to what the town can handle with its present infrastructure.

Professor Raja stated that she feels that the Town is looking for a Growth Management Plan rather than a Fiscal Impact Study. She will do the Fiscal Impact Study because without that information it would not make sense to have a Growth Management Plan.

Director of Community Development James Callahan

Public Hearings:

Heritage Christian Services 10996 Keller Road
Public Hearing @7:50 P.M. to consider the request by Heritage Christian Services to establish a group home for four individuals at 10996 Keller Road. Supervisor Hallock announced that Heritage Christian Services has reimbursed the Town for the public hearing notice published in the Buffalo Evening News. The applicant originally submitted the wrong address and therefore the legal notice was incorrect and had to be published a second time.

Arthur Fuerst 9450 Main Street
Public Hearing @ 7:55 P.M. to consider the request for a Special Exception Use Permit for multiple drive-thru establishments at 9450 Main Street. This will require super majority approval. The Planning Board has forwarded a recommendation.

Work Session items for June 14, 2006:

Joseph Floss 6465 Transit Road
Applicant is requesting approval to clear the property in advance of pursuing Development Plan Approval on a project that has received Concept Plan Approval in 2005 for a second office building. The proposed site is located on the east side of Transit Road, north of Old Post Road on existing vacant property located behind the existing office building on 1.18 acres zoned Major Arterial. The Concept Approval was done before the change in the zoning. Maintenance of buffer area is required. Town Engineer Latona stated that they do not allow builders to clear the land without a building permit.

Walter Floss 8141 Floss Lane
Applicant is proposing to amend the map cover to remove the exception lot and create a new residential building lot. Supervisor Hallock received a letter from Mr. Floss' attorney asking that this item be removed from the agenda.

Dr. Michael Bloom 9095 Main Street
Applicant is proposing to construct an additional medical office building directly behind the existing building located on 1.4+/- acres Zoned Commercial. The proposed site is located on the south side of Main Street, between Shimerville Road and Thompson Road. The new structure will be approximately 4,000 square feet and will match the architectural style of the existing building. The Town Board has concerns relative to privacy for the neighbors and buffering of the adjoining property. Councilman Bylewski stated that this is a new project and subject to the present Zoning Laws so additional buffering may be required.

Harris Hill Commons-Harris Hill Road between Sheridan Drive and Greiner Road
Applicant is proposing to split two smaller parcels from the parent parcel. One lot would be in the Commercial Zone along Sheridan Drive and the second would be a residential lot at the corner of Greiner and Harris Hill Roads. The existing vacant land consists of approximately 81.3 acres zoned Residential Single-Family and Restricted Business along the Sheridan Drive frontage. There are several concerns including segmentation issues and sewer issues. The action is to create a sewer district or expand an existing sewer district; either action is subject to SEQRA. Jim Callahan stated that we have applicants doing individual subdivisions; the action being referred to TEQRA isn't just the individual subdivisions. The action is not for the development of the subdivision per se the action is to extend the subdivision; the subdivision is only one part of the EAF.

Joe Nemmer 9330 Lapp Road
Applicant requests approval for a one lot Open Development area on existing agriculture rural residential property located on 26.7+/- acres along with a single family residence. The proposed site is located on the north side of Lapp Road, west of Goodrich Road. The Planning Board has forwarded a recommendation to approve the one lot Open Development area. The Engineering Department has reviewed the project. There is an issue relative to the driveway. Town Engineer Latona stated that the Open Development Ordinance states that the common driveway will be hard surfaced. This project is for one lot, the common driveway would be if there was a second lot. There was a similar situation on Tillman Road. The applicant developed one lot for himself however, when he developed the rest of the lots he ended up paving the entire road. Town Attorney Bengart suggested asking Mr. Nemmer if he would consider paving the road half way to keep the stones out of the roadway and to keep the dust down until a second home is approved and then he would have to pave the entire driveway.

Harold Scheg 9675 Tonawanda Creek Road
Applicant requests approval for a 2-lot Minor Subdivision. The proposed site is located on the south side of Tonawanda Creek Road, east of Goodrich Road on existing vacant land consisting of 54+/- acres in the Agriculture Zone. One single family home exists on the parcel; applicant is seeking to split two residential lots from the parent parcel.

Work Session items for June 28, 2006

Ed Strickland 5880 Salt Road
Applicant requests a Temporary Conditional Permit to operate a welding/fabrication business. The existing residential property is located in the Agriculture Rural Residential Zone. Applicant has operated a business at the location for 15+/- years. Complaints of parking along Salt Road triggered the investigation of the use.

Daniel Primeau/Doug Cippilone Kraus Road
Requests a Minor Subdivision to create three additional residential building lots in conformance with the Zoning Law. Supervisor Hallock suggested that the applicant install a common driveway.

Charles Kelkenberg Strickler Road
Applicant requests a Minor Subdivision to create additional residential building lots. The proposed site is located on the east side of Strickler Road, north of Keller Road on existing vacant land consisting of 4.97+/- acres, zoned Agriculture Rural Residential. Applicant is proposing to split the property to create three additional building lots. The proposed corner lot will require 200' of frontage; the plans indicate 197' of frontage.

Lakeside Industrial Business Park
Applicant requests Development Plan approval for construction of a new Industrial Business Park. The proposed site is located on the south side of County Road, west of Goodrich Road at existing sod farm consisting of 19+/- acres zoned Industrial Business Park. The area is located in an Industrial Business Park Zone. The Planning Board has forwarded a recommendation on the project with conditions. The issue of the establishment of a setback to the existing horse farm adjoining the west side of the proposed project has been referred to the Right to Farm Conflict Resolution Committee.

Lenard Denny Woodside Drive
Mr. Denny is requesting approval to extend Woodside Drive and build a cul-de-sac. Woodside Drive is a town road, there are no sewers. Supervisor Hallock question whether the extension would have to be a town road. It was noted that the applicants' family owns the adjacent vacant land and it was questioned whether there are plans for the vacant land. Councilman Kolber stated that the only benefit to extending Woodside Drive and building the cul-de-sac from a snow plowing stand point is that the town highway trucks would then have a turnaround and opposed to backing out of the development. Jim Callahan will talk to Highway Superintendent Ted Donner.

The ZBA did not approve Columba Surianello request for a 25' variance for four lots between 9375 and 9401 Martin Road to allow for the construction of four single-family homes. The applicant received a variance for one lot and two standard lots. This will be on the next agenda for a minor subdivision.

Supervisor Kathleen Hallock

Supervisor Hallock will make a motion to refer the Parks & Recreation Master Plan to the Planning Board. The Recreation Advisory Committee comments have been incorporated in the Master Plan. Volume I was the inventory and analysis of our current park system and that has been forwarded to the Parks Department. Volume II is the action plan and can be incorporated in the long range planning and contains the recommendations of the Recreation Advisory Committee.

Supervisor Hallock will make a motion to adopt an amendment to the Town Policy Manual Section 907 to prohibit smoking in all Town buildings and Town vehicles.

Supervisor Hallock will make a motion in support of terminating 1977 agreement and sales tax allocation.

Supervisor Hallock received several documents related to the Williamsville Toll Barrier Improvement Project from TVGA Consultants, if anyone would like to review them there are seven volumes in all. There is also a CD containing Volumes I VII.

A ribbon cutting ceremony will be held at First Niagara Bank. The bank will donate $1,000 to the Clarence Library.

Supervisor Hallock has received two requests for Block Parties.

Supervisor Hallock has a Resolution approving Change Order #1 and final payment for the Genealogy Museum. The work is complete and will be paid for by Community Development funds.

Town Engineer Latona gave an update on the re-roofing project at the Clubhouse on Main Street. Plans and specs are on file in Mr. Latona's office for review. Mr. Latona stated that the Town Board will have to decide on a color for the architectural shingles.

Supervisor Hallock has two items for Executive Session.

Senior Building Inspector Dave Metzger stated that on March 6, 2006 a permit was issued to Logan Homes for a 2-story "model home on Greiner Road." A buyer purchased the lot, but wanted to construct a single family home. The plans went from a two story house to a single story house. New plans were drawn, reviewed and approved. The new ranch was able to be constructed on the existing foundation. Logan Homes was charged the $150 Change of Plan fee but they are now looking for a refund of the difference of the original permit fee which comes out to a refund of $359.

Town Attorney Bengart stated that the review of the original plan was completed and permit was issued why would the town issue a refund. Dave Metzger stated that the applicant is requesting a refund of the difference in permit fees. He would be collecting the permit fee twice for the same house.

In the future, subsequent to a permit being issued if the applicant reduces in size, substantially changes the project or withdraws the permit, the issued permit will be voided. A new plan review will be conducted and a new permit issued with all appropriate fees. Open Space Fees and/or Recreation Fees will be refunded in full. The permit holder will be eligible for a 60% refund of the permit fee.
Dave Metzger will put this in writing for the next Town Board meeting.

Councilman Scott Bylewski

Councilman Bylewski has an announcement regarding Adelphia Cable.

Councilman Bylewski will comment on the Amherst Fire Alarm Report for May 2006.

There are still vacancies on several committees. An application was received for the Historic Preservation Committee, it will be reviewed for qualifications and if the applicant meets all criteria an appointment will be made at the next Town Board meeting.

Councilman Bylewski has the updated Resolution regarding the Williamsville Toll barriers.

Councilman Bylewski will make a motion to accept the Master Plan comments from 2005 and 2006.

The Planning Board is requesting a joint meeting with the Town Board on August 30th, 2006. A September meeting date had been scheduled originally.

A Planning Board member, one member from the TEQR Committee and the Planning and Zoning Department intern are requesting approval to attend the summer planning school to be held on July 27 in Geneseo, NY.

A Public Hearing will be set for July 12th @ 7:45 for the proposed Landscape and Tree Conservation Law.

Town Attorney Bengart is working on a local law regarding sewers.

Councilman Bylewski will appoint Carl Anderson as lifeguard for the summer.

There was a complaint from a resident regarding a stop sign on Bridlewood Drive. The complainant said that she spoke with the Sheriff's Department numerous times and they indicated that they could not do anything and she should contact her Councilmen. EC Sheriff's are not enforcing stop signs; drivers are just rolling through them. Councilman Bylewski will refer this complaint to the Traffic Safety Board. Councilman Casilio will also send a copy of this complaint to Sheriff Tim Howard.

At the June 7th morning Work Session there was a discussion regarding the Concert Association erecting a temporary sign for six weeks at the Town Park to announce upcoming concerts. Park policy is that groups having events in the park are allowed to put a sign up one week before the event. It was suggested that the Concert Association erect their sign at the park exit, everyone was in agreement with this.

Councilman Joe Weiss

Councilman Weiss along with Youth Director Dawn Kinney have visited skate parks in Webster, Hamburg and Orchard Park and the three big questions were liability, cost and location. In talking to representatives in Orchard Park, there was no exposure or increase in their insurance premiums due to having the skate park facility. They are viewed as any other type of playground in terms of liability exposure. Councilman Weiss spoke with Joe Floss about liability insurance and he stated that it would cost an additional $300 - $400 a year for insurance. The skate park in Orchard Park cost $50,000 for the entire facility, there are no personnel costs and the material used is mostly maintenance free. Councilman Weiss feels there is a need for this type of park facility, we have received over 300 signatures in favor of a park and it would also alleviate the complaints from businesses.

Councilman Weiss suggested a location on the Town Hall campus between Greiner Road and the bike path. It is a central location near most schools and can be accessed from the bike path. Orchard Park received $25,000 in grants and $25,000 in donations so there was minimal cost to the town. Councilman Bylewski stated that a skate park is part of the Parks and Recreation Master Plan.

Orchard Park charges between $900 - $1,100 recreation fees. Councilman Weiss suggested that we may want to consider increasing our Recreation Fees per building lot in Open Developments and single homes.

There was discussion regarding the evergreen trees that were cut down at Harris Hill Park. The trees were cut down to provide more space for youth football.

Upon recommendation of Highway Superintendent Ted Donner, Councilman Weiss will make a motion to award the bids for the purchase and removal of leaf compost and wood mulch from the recycling center on Sheridan Drive to C.J. Krantz Topsoil Company.

Councilman Weiss will make a motion awarding Tecsmith, Inc. the contract to smoke test 67,500 LF of sanitary sewers in Clarence Sewer District #2 at a cost of $21,000.

Councilman Weiss will make a motion authorizing the Supervisor to sign the contract between the Town of Clarence and Construction & Service Solutions Corporation for the work done at the Genealogy Museum.

Councilman Weiss met with Highway Superintendent Ted Donner and Parks Crew Chief John Burns regarding the creation of a Public Works Department. It was noted however that if you create a Public Works Department Ted's position would be eliminated. Supervisor Hallock stated that some Highway Departments with highway superintendents are in charge of their parks. There was a discussion about using parks employees for plowing on an as needed basis and the sharing of equipment. Ted and John will report back in two weeks with their comments and recommendations.

Councilman Bernie Kolber

Councilman Kolber will appoint Joan Schultz as a member of the Library Board with a term to expire 12/31/2008.

Town Assessor David Folger is requesting permission to attend a meeting on cellular towers at a cost of $15, with use of a Town vehicle and all necessary and reasonable expenses.

Councilman Kolber received one application for the alternate position on the Zoning Board of Appeals. Applications will be accepted until June 22.

Councilman Kolber suggested that while the Clubhouse is going through renovations, the Town should consider putting in a sprinkler system or some type of fire protection. Town Engineer Latona stated that this is part of the internal evaluation that the architect will be doing. Councilman Kolber would like to pursue sprinkler system or fire suppression for both the Clubhouse and the Historical Museum and put this in the Capital Budget.

Councilman Kolber suggested that the north-south road in Memorial Park be opened up to two way traffic, it would allow traffic to flow more freely through the park. This will be referred to Traffic Safety Board.

Town Engineer Latona met with EC Water Authority, baseball, softball and soccer representatives today regarding the installation of water at Memorial Park. If it is bid out it will cost approximately $100,000. Councilman Kolber stated that girls' softball is interested in constructing a concession/pavilion/rest room type facility. Town Engineer Latona stated that water is also needed for irrigation. The east-west road in the park is a public right of way, so the Town has to design, install and pay for the main water line but that eliminates the meters and the hot boxes etc. Town Engineer Latona suggested running an 8" line and then each entity could work off of it with their own meter.

Councilman Kolber stated that there are a number of sports fields that the town is maintaining that may not need to be and he suggested the consolidation of some sports fields. John Burns stated that he would double check the schedule but as far as he knew all fields were being utilized except for Clarence Center Elementary School and the Middle School and the parks department is not maintaining either field any longer.

Councilman Patrick Casilio

Councilman Casilio met with the Clergy Association and discussed housing development in the Town.

Councilman Casilio is working on a Policy and Procedures manual for Parks Security.

There has been some vandalism and theft at the parks department. It was decided to go forward with obtaining a video security system. The price for a security system is approximately $5,000. The parks department would run the cable which would help off-set the cost.

There have been several complaints about people speeding through Memorial Park and complaints about the bike path not being paved. Councilman Casilio has talked to Town Engineer Latona about the bike path and Town Security will patrol the road way.

Councilman Casilio will start working on a street scape plan with Community Development Funds to complete Main Street from Thompson to Transit Road.

Councilman Casilio will appoint David Beckinghausen to the Recycling Committee.

Supervisor Hallock and Councilman Casilio will meet with Senator Mary Lou Rath regarding a sidewalk grant.

Town Attorney Steven Bengart

Town Attorney Bengart met with representatives from Buffalo Crushed Stone. Several years ago the town traded property with them. Buffalo Crushed Stone must run a water line and will need a 100' easement to cross over to their land. Town Attorney Bengart has prepared a water line easement. Supervisor Hallock stated that this may be a good time to talk to Buffalo Crushed Stone about a bike path.

Motion by Supervisor Hallock, seconded by to enter into Executive Session pursuant to 105(1) F of the Open Meetings Law to discuss the financial history of a corporation, the history of a corporation, the employment history of a particular person, 105(1) H proposed acquisition, sale or lease of real property and 105(1) D pending litigation regarding the Marinaccio property. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:20 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session until after the regular Town Board meeting. Upon roll call - Ayes: All; Noes; None. Motion carried.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, June 14, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Pledge to the flag was led by Councilman Patrick Casilio, followed by a Flag Day poem read by the Supervisor.

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Asst. Director of Community Development James Hartz, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Deputy Supervisor Anne Case, Building Inspector David Metzger, Youth Director Dawn Kinney and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held May 10, 2006. On the question, Supervisor Hallock said she had a correction on page 170 at the bottom of the page to say: "Supervisor Hallock met with Erie County Sewer District No. 5 and discussed sewer capacity." 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 May 24, 2006 as received. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve Change Order No. 1 in the amount of $5,040, and final payment in the amount of $20,975 for work done at the Genealogy Museum to Construction and Service Solutions Corporation to be paid from Community Development funds. 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 Country Meadows Lane on July 29, 2006 from 3:00 to 10:00 P.M. On the question, Supervisor Hallock's office will notify all proper authorities. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant approval for a Block Party on Garrock Road between Clearview Drive and Red Tail Run on July 4, 2006 from 1:00 to 11:00 P.M. On the question, Supervisor Hallock's office will notify all proper authorities. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt an amendment to the Town of Clarence Town Policy Manual Section 907 as follows:
          Policy Statement - In accordance with the New York Sate Clean Indoor Act (Article 13-E of the New York State Public Health Law) and the Erie County Clean Indoor Air Act of 1997, it is the policy of the Town to prohibit smoking in all Town buildings and Town vehicles.
          A smoke-free policy has been developed to comply with the New York State Clean Indoor Act and the Erie County Indoor Act to protect all employees and visitors from secondhand smoke, an established cause of cancer and respiratory disease as follows:
         

  • a. All areas of the workplace are now smoke-free without exception. Smoking is not permitted anywhere in the workplace, including all indoor facilities and Town vehicles. Smoking is not permitted in private enclosed offices.
  • b. "No Smoking" signs must be clearly posted at all entrances and on bulletin boards, bathrooms, stairwells and other prominent places. No ashtrays are permitted in any indoor area.
  • c. Compliance with the smoke-free workplace policy is mandatory for all employees and persons visiting any town building, with no exceptions. Employees who violate this policy are subject to disciplinary action.
  • d. Any disputes involving smoking should be handled through the Town's procedures resolving other work-related problems.
The law prohibits employers from retaliating against employees who invoke management's assistance in implementing it in the workplace.
          Questions regarding the smoke-free workplace policy should be directed to the employees' supervisor.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution supporting the termination of the 1977 Sales Tax Revenue Distribution Agreement:
          Whereas, on December 30, 1977, the County of Erie, the City of Buffalo, the City of Lackawanna and the City of Tonawanda entered into an Agreement in regard to the sales tax revenues distribution; and
          Whereas, the Agreement provided a disposition of 25.6858 per cent to the cities and the areas outside the cities in proportion to their respective populations as determined in accordance with the latest decennial federal census; and
          Whereas, the population of Erie County has shifted in the last three decades and the current formula for sales tax distribution is no longer equitable; and
          Whereas, section 3 of the Agreement dated December 30, 1977 provides that any time subsequent to November 30, 1982, each party to the agreement shall have the right to terminate said Agreement by giving one (1) year's prior written notice, served upon each of the parties; and
          Now, Therefore, Be It
          Resolved, that the Town of Clarence supports the terminating of the current 1977 Sales Tax Revenue Distribution Agreement; and be it further
          Resolved, that the Town of Clarence further supports the right of the Erie County Legislature to adopt a resolution to terminate said agreement; and be further
          Resolved, that any new Agreement shall provide for a fair and more equitable distribution of the sales tax to the cites, towns and villages in proportion to their respective populations, determined in accordance with the latest decennial federal census as the fair and equitable allocation; and be it further
          Resolved, that a certified copy of this resolution be forwarded to each member of the Erie County Legislature, Erie County Executive Joel Giambra, the Mayors of the City of Buffalo, City of Lackawanna, City of Tonawanda, Town Supervisors and Village Mayors of Erie County.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that she received documents relating to the Williamsville Toll Barrier Improvement Project from TVGA Consultants. The documents are available in her office for anyone interested in looking at them. There are 7 volumes, which are also available on a CD.

Supervisor Hallock said Business First recently cited Clarence and Grand Island as providing the best quality of life in the suburbs of Western New York. Grand Island ranked as the best inner suburb and Clarence as the best outer suburb.
          The study used 20 statistical indicators to rate the quality of life in every city, town and village in the eight-county region. The communities were split into five categories based on size and geography. Inner suburbs are defined as communities within 12 air miles of downtown Buffalo.

Councilman Bylewski received the Central Fire Alarm Report for May 2006. Town of Clarence fire companies responded to the following: Structure Fires 5; Motor Vehicle Fires 2; Miscellaneous Fires 11; EMS Calls 123; Motor Vehicle Accidents 18; and Miscellaneous Calls 24 for a total of 183 alarms.

Councilman Bylewski said we received notice that the first meeting of creditors for Adelphia has been adjourned to October 18, 2006 at 2:00 P.M.
          There is also a notice of sale of assets of Adelphia to Time Warner and Comcast Corporation.

Councilman Bylewski announced that there are vacancies on the Historic Preservation Committee, Cable TV Committee and Youth Advisory Council. If anyone is interested, they should fill out an application as soon as possible.

Councilman Bylewski said there is a draft available of the Parks and Recreation Master Plan for anyone interested in reviewing it.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to refer the Draft of the Parks and Recreation Master Plan to the Planning Board for review and recommendation. On the question, James Callahan said the goal is to incorporate the plan into Master Plan 2015 and this will initiate the process. Councilman Bylewski said this is Volume 2, which relates to the actual text of the Master Plan and Volume 1 is the inventory. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
          Whereas, the Clarence Town Board in its resolution of July 13, 2005, memorialized the Governor, the local delegation of the New York State Legislature, the Commissioners of the New York State Thruway Authority, the Executive Director of the Greater Buffalo Niagara Regional Transportation Council, Erie County Officials, and all local supervisors and mayors of every town, city and village in Erie County, calling for the removal of the toll barriers at Williamsville, Depew, Lackawanna, Blasdell, Hamburg, Ogden Street/Buffalo City Line, Black Rock and both the North and South Grand Island Bridges; and
          Whereas, the Clarence Town Board has determined that it is in the public interest to reaffirm that resolution in light of the fact that U.S. Congressman Brian Higgins has advanced an effort to remove several of the before mentioned toll barriers by publicly calling on Governor George Pataki to undertake action to cause the New York State Thruway Authority to remove toll barriers in the Buffalo area and therefore the resolution is affirmed as follows:
          Whereas, the New York State Thruway Authority (NYSTA) is a public benefit corporation organized under the laws of the State of New York, whose three commissioners are appointed by the Governor; and
          Whereas, in the immediate Buffalo area the NYSTA maintains toll barriers at the Williamsville, Depew, Lackawanna, Blasdell, Hamburg, Ogden Street/Buffalo City Line, Black Rock and both the North and South Grand Island Bridges; and
          Whereas, the aforementioned toll barriers act as a commuter tax on persons residing in the Buffalo area and are an added tax on commerce in the Buffalo metropolitan area which has not only immediate monetary ramifications for intrastate and interstate travel into and out of the various areas of Western New York, but also causes undue delay to commercial traffic which has an adverse impact upon operational and financial aspects of commerce; and
          Whereas, if the NYSTA and the Governor are not inclined to eliminate these toll barriers because of some misguided idea that commuters in the Buffalo area should have to pay for these highways, then they should at least recognize the detrimental impact these toll barriers pose to intrastate and interstate commerce which by slowing down commercial traffic causes undue delay in the shipment of goods, increases the amount of fuel consumed, adversely affects air quality in the Buffalo area and is viewed as one more "hidden tax" which can negatively impact the way the Buffalo area and the State of New York are viewed by out of area businesses which might otherwise choose to locate here; and
          Whereas, the Western New York area shares an extremely busy front point with commerce moving to and from the Province of Ontario, Canada and it being critical to assist in the movement of commerce between our two nations and for the State of New York to fulfill its role in improving the flow of commerce which can have a defined positive impact on the economy of the Niagara Frontier; and
          Whereas, the Town Board of the Town of Clarence desires to make public its opposition to the continuation of tolls at the Williamsville, Depew, Lackawanna, Blasdell, Hamburg, Ogden Street/Buffalo City Line, Black Rock and both the North and South Grand Island Bridges; and
          Whereas, the Town Board of the Town of Clarence desires to make public its support for the removal of the existing Williamsville toll barrier, however, the Board also wishes to express its statement that any relocation not impact the residents of the Town of Clarence in any negative fashion.
          Now, therefore, be it
          Resolved, that the Clarence Town Board hereby memorializes the Governor and the Commissioners of the New York State Thruway Authority to remove the toll barriers at the Williamsville, Depew, Lackawanna, Blasdell, Hamburg, Ogden Street/Buffalo City Line, Black Rock and both the North and South Grand Island Bridges; which removal will afford the easier passage of commerce and commuters through the Western New York area which in turn will be beneficial to the economy of Western New York and New York State as a whole; and be it further
          Resolved, that certified copies of this resolution be forwarded to Governor George Pataki, Attorney General Eliot Spitzer, Senator Charles Schumer, Senator Hillary Rodman Clinton, Honorable Thomas Reynolds, Honorable Mary Lou Rath, Honorable Michael Cole, Honorable Brian Higgins, Honorable Louise Slaughter, Honorable William Stachowski, Honorable Dale Volker, Honorable Jack Quinn, Honorable Robin Schimminger, Honorable Crystal Peoples, Honorable Paul Tokasz, Honorable Sam Hoyt, Honorable Mark Schroeder, Honorable James Hayes, County Executive Joel Giambra, Mayor Byron W. Brown, County Clerk David Swarts, Erie County Legislator Michael Ranzenhofer, New York State Thruway Authority Executive Director Michael Fleischer, Chairman of the New York State Thruway Authority John Buono, and Executive Director of the Greater Buffalo Niagara Regional Transportation Hal Morse.
          On the question, Councilman Casilio said the new location will not have an entrance or exit to the Thruway, no entrance or exit is planned for Gunnville Road and more than likely we will still be paying a toll at Transit Road.
          Councilman Bylewski added that it is important to let the Thruway Authority know that the Town of Clarence does take this matter seriously and we are very concerned about any negative impact on our community.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the Master Plan Public Hearing comments from February 23, 2005. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the Master Plan Public Hearing comments from February 22, 2006. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant permission for one member of the Planning Board, one member of the Town Environmental Quality Review Committee and the Planning and Zoning Intern to attend the summer planning school to be held on July 27, 2006 in Geneseo at a cost of $40 per attendee and all reasonable and necessary expenses. This is a budgeted item. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for July 12, 2006 at 7:45 P.M. to consider adoption of a Landscape & Tree Conservation local law. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Single Family Dwelling Statistics Report from the Building Department for May 2006. The number of permits issued in May 2006: 5 in subdivisions and 6 outside of subdivisions. May 2006 year-to-date was 30 in subdivisions and 21 outside for a total of 51 permits issued. May 2004 year-to-date was 75 permits issued and May 2005 year-to-date was 49.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Carl Ethan Anderson as a lifeguard for the summer of 2006 at the rate of $8.96 per hour. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the Supervisor to sign the contract between the Town of Clarence and Construction and Service Solutions Corp. for the work done at the Genealogy Museum located at 10871 Main Street. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to award the contract to smoke test the 67,500 Lineal Feet of sanitary sewers in Clarence Sewer Dist. No. 2 to Tecsmith Inc. at a cost of $21,000 to be paid from account 13.8130.434.1302. On the question, Councilman Weiss said this test is to determine if there are any leaks in our sewer. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to award the bid for the purchase and removal of 1,640 cubic yards of leaf compost from the Sheridan Drive site to C. J. Krantz Topsoil Inc. at their bid of $5 per cubic yard. Full payment and insurance certification must be submitted to the Town Clerk prior to any material being removed. The successful bidder will be allowed 90 days to remove the material. On the question, Councilman Weiss said this bid is higher than we have been getting in the past. Next year we may set a minimum bid. Councilman Kolber said he would like to see some set aside for the residents. Supervisor Hallock said she spoke with the Highway Superintendent about that and he said that could be done. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to award the bid for the purchase and removal of 1,190 cubic yards of wood chip mulch from the Sheridan Drive site to C. J. Krantz Topsoil Inc. at their bid of $4 per cubic yard. Full payment and insurance certification must be submitted to the Town Clerk prior to any material being removed. The successful bidder will be allowed 90 days to remove the material. On the question, Councilman Weiss said this bid is higher than we have been getting in the past. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he and Youth Director Dawn Kinney went to the towns of Webster, Orchard Park and Hamburg to view their skate parks. They gained quite a bit of information. This was prompted by a young man who came to the Town Board about a month ago asking for this type of facility in the Town of Clarence. The biggest concern was liability, but they found out that it is no greater than any other playgrounds. There is grant money and possible donations that we can get to keep the costs down.
          Councilman Weiss said they are looking at some input with regard to a location. They are thinking it should be in the area of the High School, Middle School or Town Hall campus. He feels we could have a facility in place by next year. He thanked Joe Floss for forwarding all of the insurance information.

Councilman Weiss said he sat down with Ted Donner and John Burns to discuss some synergy of Town employees in certain capacities.

Motion by Councilman Kolber, seconded by Supervisor Hallock to appoint Joan Schultz as a member of the Library Board with term to expire 12/31/08. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant permission to Assessor David Folger to attend a meeting on cellular towers at a cost of $15, with use of a Town vehicle and any necessary and reasonable expenses. This is a budgeted item. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Kolber announced the following openings: alternate member to the Zoning Board of Appeals and two positions on the Community Residences Committee. Applications are available at the Town Clerk's office.

Motion by Councilman Casilio, seconded by Councilman Bylewski to appoint David Beckinghausen to the Recycling Committee. Upon roll call Ayes: All; Noes: None. Motion carried.

Councilman Casilio said he attended the meeting of the Association of Erie County Governments with Supervisor Hallock and Town Attorney Steven Bengart regarding the Erie County Sheriff's Department. The County is proposing that the Town of Clarence pay approximately $600,000 for road patrols in 2007 and close to $1 million by 2009. We would be paying the most. Other Towns who have their own police departments rely heavily on the Sheriff's Department also. The Association is considering a lawsuit against the County for the way they calculated the costs of the road patrols. The County is also considering abandoning County roads, which would leave that burden on the towns also. They may start up their planning department again to do planning countywide. They go back and forth on everything. The Town Board will do due diligence on these issues for the Town of Clarence.

Supervisor Hallock said we received a letter from the attorney for Mr. Floss requesting that item 15 be removed from the agenda.

Public Participation Frank Kennedy, Gentwood Drive said he does not understand why Harris Hill Commons has gotten as far as it has. There is a terrible traffic situation on Harris Hill already.
          Mr. Kennedy said another issue is the barrier that was placed at the end of Helenwood during the Roxberry construction has been removed by someone. He thinks the barrier should be put back up.

Pete Gorton spoke in regard to item 17, Harris Hill Commons. It is difficult to speak about an item on the agenda before it is brought up for discussion because you do not know what is going to be said. He does not think we should put in sewers for new homes until existing residents can hook up. He could list several things that this same developer did that impacted his neighborhood when they developed Roxberry. They are stuck on septic and the new homes have sewers, which will have a negative economic impact on the value of their homes.
          Councilman Bylewski said the Town Board discussed, at the previous work session, consideration of a local law regarding prioritizing sewer development. The Town Attorney is working on it.

A Public Hearing was held to consider a Local Law amending The Code of the Town of Clarence, Chapter 19 Code of Ethics. Steve Murtaugh, Chairman of the Ethics Board said the objective is to adopt the revised Ethics Code and adopt it as a local law. The purpose of the Ethics Code is to identify potential ethical problems before they become a real problem. This is done by the disclosure of information by each Town employee and elected official. The objective is to promote public confidence in the integrity of Town government. It also provides for fair and effective administration of ethics laws for the Town government, the employees and the public.
          Mr. Murtaugh said several revisions have been made to the code based on the past seven years of working with it. They received various advisory opinions, researched laws and other municipalities' codes. There were a number of ethics violation complaints filed, some valid and some not. They were investigated thoroughly. The Town Attorney and Deputy Town Attorney have assisted in making the changes.
          Supervisor Hallock said she did attend several of the meetings and knows that a lot of work went into this document.
          Speaking to the subject:
          Councilman Weiss thanked Mr. Murtaugh and everyone who worked on the document.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that after a public hearing duly held on June 14, 2006 and after all interested parties being heard, the Clarence Town Board adopts Local Law No. 2 of the year 2006 titled "Code of Ethics" amending the Code of the Town of Clarence. This local law shall become effective upon filing with the Office of the New York State Secretary of State.
          On the question, Councilman Bylewski thanked everyone who has worked on the Ethics Code from the beginning to what we have today.
          Upon roll call Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request by Heritage Christian Services to establish a group home for four individuals at 10996 Keller Road. James Callahan said the location is the west side of Keller Road at the Newstead border consisting of approximately 3.7 acres zoned Agricultural Rural Residential. According to the Mental Hygiene Law, the Town has 40 days to respond in one of the following ways: approve the site recommended by the sponsoring agency; suggest one or more suitable sites within jurisdiction; or object to the establishment of a facility because to do so would result in a concentration of community residences within proximity of the site selected.
          Councilman Bylewski said notices have been sent out to affected residents of Clarence and to the Town of Newstead.
          Dan Stewart and Julie Owen of Heritage Christian Services were present. Mr. Stewart said they have about 49 homes and employ about 1,200 people. Ms. Owen said the home would be staffed 24 hours a day. They screen all of their employees and the individuals who live there. They do not support nor intend to have anyone with a sexual offender criminal background. They do not have anyone with drug use or drug rehabilitation living there. Four individuals will live there permanently.
          A resident of 10999 Keller Rd., Newstead said he lives directly across the street. They are in opposition to the group home. He believes the zoning would be changed to commercial in order for the group home to be there. This concerns them because if they left what else could go there. [James Callahan said the zoning will not change from Agricultural Rural Residential.] He does not know what goes on in a group home. The area is wooded and rural. It is a great area to raise a family and not for a group home.
          A resident of 10983 Keller Rd., Newstead said they did not receive any information about this meeting. She expected to be in a nice area to raise her family. It can be depressing to see something like that on a daily basis.
          Mr. Heim said he lives next store to this home. He does not know what was going on there today, but he heard a couple shots. He wanted to know what to expect and what kind of disabilities will they have. [The property has not changed hands yet.]
          A resident of Newstead wanted to know what degree of disability and will they be walking up and down the street. She wants to make sure there is someone with these people all of the time. She wants to know if it will be maintained properly. There are adjacent lots and do they intend to build a facility there. She also wonders why it is so far out in the country.
          Councilman Kolber read Heritage Christian Services criteria for selection including open floor plan, two separate bedroom wings, large dining room and living room, and three full bathrooms. They have done their homework on the site.
          Councilman Kolber said our Community Residences Committee fully endorses this selection. They are pleased with how they operate their facilities.
          Eileen McCallister, Harris Hill said her son has been living in a Heritage Christian Services home for the past two years. It is staffed around the clock, which means they are awake all night. Transportation is provided to take them wherever they want to go. These people are just like the rest of us, only they may be a little bit slower physically or mentally. Their desires, needs and wants are the same. Neighbors near her sons home enjoy having them like they would any other neighbor.
          Supervisor Hallock said we have 6 or 8 group homes in Town. Does she think in the selection of the others, that it was people just did not understand? Mrs. McCallister said yes, but it is no different then any other neighbor. Councilman Casilio said he has heard they are better than some other neighbors might be.
          Pat Powers said one of the most difficult things is sending your developmentally disabled child out into the world. You want them to be in a safe environment because you will not always be there to take care of them. She said in Harris Hill at one time, there were 7 developmentally disabled children within four blocks. Her son lives in a facility in the village of Alden. The neighbors came together and formed a committee to visit and oversee the home.
          Julie Owen said the general daily activity of the home would include three shifts for the staff. There may be traffic in and out during shift change. A nurse may stop by once in a while. The individuals will participate in activities outside of the home and in the community like anyone else.
          Ms. Owen said developmental disability is one who is diagnosed prior to age 22 with one of several disabilities including epilepsy, autism, traumatic brain injury or mental retardation. Heritage primarily services individuals with mental retardation, who may also have another condition.
          Ms. Owen said they have not sold any homes that they own. They do not intend on using the house short term or turning it over to something else. They opened their first home in the Rochester area in 1984. Occupants may change on occasion and then someone new would come in. They only take in people who they know they can provide the right services for. She does not feel comfortable giving out personal information about any of the people moving into the home. No one is privileged to know that about any new neighbor. Ms. Owen said they are developmentally disabled, they have gone through the process of getting to know them and their family, and they can be given the proper care.
          Ms. Owen said some of them may be able to go out into the neighborhood by themselves, while others may need supervision. If anyone has questions, they are welcome to call the office. They want to be good neighbors. They have a maintenance department and take care of the facilities. They have no intention of purchasing the vacant lots.
          Ms. Owen said the question came up as to why this location. They are located in a variety of places. The families have indicated that this is a location they would like. They may live in the same town or a town nearby. It depends on what people like.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that after a public hearing duly held on June 14, 2006 and after all interested parties being heard, the Clarence Town Board approves the site recommended by Heritage Christian Services to establish a group home for four individuals to be located in an existing single-family residential unit on 3.07 acres at 10996 Keller Road.
          On the question, Councilman Weiss said he grew up in the 50's and they had war vets with missing limbs, kids with polio, mental retardation and so on. They played together and learned a lot from each other. He can think of some neighbors who had dogs barking and things going on all night long. Councilman Casilio added that their lawns are kept better than anyone else and they are much quieter. Councilman Kolber said there are guidelines that we have to follow in the selection of a site. The Community Residences Committee spoke very highly of Heritage Christian Services and they are very much in favor of approving this location.
          Upon roll call Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for multiple drive-thru establishments at 9450 Main Street. [Councilman Casilio said his brother is working with this applicant, therefore he is recusing himself from any participation.] James Callahan said the location is the northwest corner of Main Street and Goodrich Road consisting of approximately 1.09 acres zoned Commercial. The Planning Board has forwarded a recommendation with conditions.
          Phil Sylvestri, Architect, Peter Casilio, Construction Manager, Arthur Fuerst, owner and Don Wolf, Traffic Engineer were all present. Mr. Sylvestri said they have worked very hard to respond to all questions and concerns relative to traffic, site safety and landscape. A rendering was presented showing the layout of the site. They provided a traffic study. The traffic engineer assisted them with developing on-site safety with regard to pedestrian and traffic flow on the site.
          Councilman Bylewski said the requirement is a minimum 80 ft. setback from streets. They meet this setback, as well as the stacking requirements for the drive-thrus.
          Councilman Weiss said he originally voted no on this project because of the traffic on Main Street. He spent some time reviewing the traffic study and he appreciates all the work that has gone into this project. He is going to change his vote in support of the project.
          Councilman Kolber said he believes this is an improvement and will be an asset to the Town.
          Supervisor Hallock said she has reviewed the project and sees that the concerns have been satisfied. She asked the applicant if they are aware of the conditions and they are.
          Speaking to the subject:
          Sarah Bonk, a new driver said it is a great project; however, it is such a congested area. She is concerned about that.
          Pete Gorton said he does not have a problem with the project. He does have an issue with traffic studies that have been done in the past. Tim Horton's is a disaster. He wonders if the Town is thinking about having a professional to review traffic studies for certain projects in the Town.
          Councilman Kolber said there is a problem with traffic stacking out onto Thompson Road at Tim Horton's. He thinks this may help relieve some of that by having another place to go.
          Peter Casilio said this is more of a gourmet coffee shop and not like Tim Horton's. There is no ATM facility, or food offered like Tim Horton's. The dry cleaner is looking into more of a delivery service.
          Don Wolf explained how the traffic will move. The current driveway on Goodrich will be moved further north. The exit onto Main Street will be a right turn only.
          Councilman Kolber asked if they could connect the driveway with Wilson Farms. Councilman Bylewski said he understands that Wilson Farms has not agreed to that. The applicant has left an area in case it can be addressed in the future.
          Peter Casilio said he cannot read these traffic studies himself. However, the traffic issue was vigorously discussed for the last two months. Matt Balling, Chairman and the TEQR Committee thoroughly reviewed the project.
          With no one else to speak on the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that after a public hearing duly held on June 14, 2006, and after all interested parties being heard, the Clarence Town Board grants a Special Exception Use Permit to the applicant, Arthur Fuerst for multiple (2) drive-thru establishments to be located at 9450 Main Street subject to the following conditions: 1. Conditions as outlined in the submitted traffic study. 2. Shared access points identified with adjoining use. 3. Pedestrian access to new facilities per site plan. 4. Tree preservation/any areas identified as undisturbed to be protected prior to and during construction.
          On the question, Councilman Bylewski asked if the conditions are acceptable to the applicant. The applicant said yes. Councilman Kolber said he would like to see the driveway to Wilson Farms connected. Councilman Bylewski said upon application of the Development Plan, the Planning Department could contact Wilson Farms about the driveway connection.
          Upon roll call Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Joseph Floss requests a Clearing Permit in advance of a project approval at 6465 Transit Road. Walter Floss spoke on behalf of Joseph Floss, his son because he is precluded by ethics of appearing before the Town Board since it has not been two years that he retired from the Planning Board. Mr. Floss said his property backs up to this site from Clarherst Drive. There are a lot of dead trees and brush that he would like to clear up. There is a line of evergreen trees along the property line which will remain.
          Councilman Bylewski asked what is the reason that this should be granted when there is no plan for development at this time. Mr. Floss said this is preparation for the future, as well as clean up of a mess. He said Joe is prepared to blacktop the area to provide access to the next property without having to go out onto Transit Road.
          Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board approves the request of the applicant Joseph Floss for a Clearing Permit for 6565 Transit Road subject to the following conditions: 1. Site grading and remediation after clearing. 2. Maintenance of required buffer areas/setbacks (45'). 3. Posting of Surety Bond for completion subject to Town Attorney approval.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said in regard to item 15, we received a letter from Walter Floss' attorney asking that the item be removed from the agenda.

Dr. Bloom requests Preliminary Concept Review for a proposed new medical office building at 9095 Main Street. James Callahan said the location is the south side of Main Street between Shimerville and Thompson consisting of approximately 1.4 acres in the Commercial Zone. The applicant proposes a second office building at this location.
          Sean Hopkins, Attorney said Dr. Bloom is proposing a single story, 3,750 sq. ft. building for a single tenant, hopefully in the medical field. The architecture will be as close to the existing building as possible. Additional parking will be added in the back.
          Councilman Kolber said his concern is the buffer of the adjoining residents.
          Supervisor Hallock said we did receive several complaints when the first building was constructed regarding the lights from the adjacent neighbors.
          Motion by Councilman Kolber, seconded by Councilman Weiss to refer the request for Preliminary Concept Review for a proposed new medical office building at 9095 Main Street to the Planning Board with the request that they look at the buffering issues as it relates to the current Zoning Law. On the question, Supervisor Hallock added that the lighting should also be reviewed. Upon roll call Ayes: All; Noes: None. Motion carried.

Harris Hill Commons requests Minor Subdivision Approval and determination on Sewer District formation to service a proposed 88-lot open space design residential development. James Callahan said the property is located on the west side of Harris Hill Rd. between Greiner and Sheridan consisting of approximately 81.3 acres zoned Residential Single Family along the Harris Hill frontage and Restricted Business along Sheridan Dr. frontage. The applicant is seeking to split the parent parcel into different segments.
          Sean Hopkins, Attorney for Windsor Ridge Partners, and Brad Randaccio, Attorney for Harris Hill Development LLC were present. Mr. Randaccio said Harris Hill Development LLC contracted with Windsor Ridge Partners LLC, which is the current owner of the large parcel to purchase approximately 19 acres, 14 acres fronting Sheridan Drive and a parcel at corner of Harris Hill and Greiner for possible future development. The contract was entered into in the summer of 2005. The Minor Subdivision Law went into effect June 2003.
          Councilman Bylewski said the contract occurred after adoption of the Minor Subdivision Law which begs the question of segmentation.
          Sean Hopkins said given the fact that Windsor Ridge Partners has no ownership or control over the two other parcels; he does not follow the segmentation issue. There are no plans for those parcels at this time. Councilman Casilio asked who the partners of Windsor Ridge are. Mr. Hopkins said there are several partners. Councilman Bylewski asked if there are overlapping partners in the two companies. Mr. Hopkins said they are not identical. Mr. Randaccio said there is some minor overlapping, but it is not controlling.
          Sean Hopkins said even if the conveyance had not taken place, that still would not mean this is segmentation. They are early in the process of the 62-acre residential subdivision. Mr. Randaccio said Harris Hill Development LLC is fully aware of the zoning of the properties they purchased. He is not authorized by his client to disclose ownership. It is significantly different from the ownership of Windsor Ridge.
          Mr. Hopkins said the Planning Board expressed concern regarding the 4-acree parcel at Greiner Road. There has been a wide assortment of land uses presented for this property.
          Councilman Bylewski said the issue has been identified as to whether it is permissible or impermissible segmentation. If the Minor Subdivision is to move forward, he believes that level of review should also be done by the Planning Board. Mr. Hopkins said that property has already been conveyed. Mr. Randaccio said that was done with no malice. He has never had to go through Town Board approval for a minor subdivision. It was his oversight of the new ordinance. Mr. Hopkins said the adjustment of a lot line requires minor subdivision approval. James Callahan said adjustments do not require approval, but a parcel split does.
          Town Attorney Steven Bengart said it needs to be looked at to determine if it is permissible or impermissible segmentation.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to refer the request for Minor Subdivision Approval to service a proposed 88-lot open space design residential development for Harris Hill Commons to the Planning Board for review. Upon roll call Ayes: All; Noes: None. Motion carried.
          Sean Hopkins said they propose 87 lots on a 62-arce parcel. They are looking for referral to the TEQR Committee.
          Councilman Bylewski said the Town Board must form or extend a sewer district before the subdivision can continue through the review process according to the interpretation of the Subdivision Law. Sean Hopkins said they do have a letter from Erie County they received last year indicating adequate capacity exists. They do disagree that the Town would have to approve that. Based on the fact that the project is consistent with the Zoning Code and the Master Plan, they would like consideration for extension of the sewer district.
          Councilman Kolber said he likes their design, but his concern is the sewers. It has to go through Sewer District No. 5. The capacity issues are uncertain. If we utilize the capacity for new development without taking care of existing problems, we are cutting our own throats.
          Mr. Hopkins said by advancing the project, it will allow sewers to get closer to existing problem areas. The Master Plan encourages where there are instances of property zoned properly; consideration should be given to provide sewer service to those properties.
          Councilman Bylewski said Erie County Sewer Dist. No. 5 has approached the Town regarding the merger with the Town Sewer Districts. This project does fall within that pathway. The questions we are struggling with are what size the district should be or what should the size of the extension be.
          Sean Hopkins said that is what they want clarification of. The project predates everyone on this Board. They are providing 31 acres of open space. Generally speaking, they are proposing a good project. They are trying to keep the project moving.
          Councilman Bylewski said they do prefer the open space design, but it comes back to the issue of the sewer district formation. Councilman Kolber said the trade off is a benefit to the Town. You will not even realize the subdivision is there. Councilman Weiss said until you try to get out into the traffic on Harris Hill Road.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer Harris Hill Commons to the TEQR Committee to address the issue of sewer district formation or extension for the open space design residential development and the overall parcel on Harris Hill Road between Greiner Road and Sheridan Drive.
          On the question, Councilman Kolber said aspects such as the vista, half of the property being preserved for green space and the density are all what we are looking for. Supervisor Hallock said we are dealing with the sewer issue right now. James Callahan said this is where issues of the segmentation step up again. If you are referring to the TEQR Committee, you are going to have to identify the other lands that are included. You cannot just limit it to Harris Hill Commons. The action is to create or extend a sewer district.
          Sean Hopkins said he does not understand why just the sewer issue is being referred and not the entire subdivision. Councilman Casilio said that is why he asked if there is a common ownership. Councilman Bylewski said the issue of the sewer district is a different issue, although can be related to that project. We can create a sewer district without a specific project. James Callahan said the Planning Board determined the density of the project.
          Elliot Lasky said he is a partner of Windsor Ridge Partners. They own a privately owned sewer line at the intersection of Greiner Road and it cannot be extended without their permission. They have negotiated with various agencies in Amherst and have a conceptual agreement that if they build a parallel interceptor sewer at their own cost, Amherst will accept it. They understand that there will not be approval of the subdivision without verifying sewer capacity. He does not think the project can be put on hold while the sewer issue is being determined. They would like to move it forward. They believe everyone in the neighborhood is pleased with it. They are asking for cooperation. They have no ownership of the other parcels.
          Councilman Bylewski said we have two issues, one being the formation or extension of a sewer district; the second is the minor subdivision approval. The question is the validity of a subdivision that did not go through the minor subdivision review process as set forth in the Town Law. Town Attorney Steven Bengart said they made a mistake and that does not change the fact that the law was in place. Sean Hopkins said the purpose is to make sure that the lots comply with the Zoning Code and theirs do comply. Councilman Bylewski said they have already made a motion to refer the minor subdivision to the Planning Board and now we are trying to deal with the sewer issue.
          Mr. Lasky said he understands that there can be no final approval of the subdivision until the sewer issue is resolved. They have a sewer that they will extend at private expense toward an area that needs an extension. The line exists along Greiner Road in front of the church through an easement. It will not be extended for future use until they get the capacity that they need. They are prepared to build the parallel line at their expense, only if the Town of Amherst has a solution to the capacity issue.
          Councilman Bylewski said the whole area between Greiner, Harris Hill and Sheridan is a planning consideration under our Master Sewer Plan to be sewered. Mr. Lasky said they will work with the Town.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Joseph Nemmer requests a One-Lot Open Development Area Approval at 9330 Lapp Road. James Callahan said the location is the north side of Lapp Road, west of Goodrich. The Planning Board has forwarded a recommendation with conditions.
          Joseph Nemmer said he believes conditions include issues with the driveway being paved.
          Councilman Bylewski said he believes the Planning Board said it should be paved; however, there has been some consideration of having part of it paved.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
          Resolved, that the Clarence Town Board approves and grants the request of the applicant, Joseph Nemmer for a One-Lot Open Development Area at 9330 Lapp Road subject to the following conditions: 1. The required pavement cross sections to encompass the right of way with remainder to be stone until a second home is approved. 2. Conditions of the town engineer. 3. Additional hydrant added or the house is to have a sprinkler system installed up to code. 4. Subject to open space and recreation fees.
          Upon roll call Ayes: All; Noes: None. Motion carried.

Harold Scheg requests a Two-Lot Minor Subdivision Approval for 9675 Tonawanda Creek Road. James Callahan said the location is on Tonawanda Creek Road, east of Goodrich Road.
          Harold Scheg was present.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and after thorough review of the Environmental Assessment Form by the Planning Department and Town Board, a Negative Declaration is hereby issued for the Harold Scheg Minor Subdivision at 9675 Tonawanda Creek Road. The proposed action involves a Two-Lot Minor Subdivision in the Agricultural Floodzone Zoning District. Upon roll call Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to grant approval for a 2-Lot Minor Subdivision at 9675 Tonawanda Creek Road. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Casilio to grant a Fireworks Display Permit for Clarence Day In The Park on July 1, 2006. All required documents are on file. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Legion Hall Applications - A. Deborah Chapman July 21, 2006; B. Donald Kreher Nov. 25, 2006; C. Olivieri Family Dec. 16, 2006; Park Pavilion Special Request - A. Day in the Park July 1, 2006. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of June 1, 2006 are approved for payment: General Fund $107,639.59; Highway Fund - $40,847.13; Water District - $1,715.41; Lighting Districts - $1,127.82; Sewer Districts - $297.77; and Trust & Agency 203 - $4,650.00 for a total amount of $156,277.72. Upon roll call Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of June 15, 2006 are approved for payment: General Fund - $109,196.42; Highway Fund - $29,069.35; Water District - $46,839.59; Sewer Districts - $3,097.50; Aquatic Growth District - $1,520.28; and Trust & Agency 203 - $1,804.93 for a total amount of $191,528.07. Upon roll call Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

Pete Gorton asked who is responsible for the upkeep and maintenance of the drain line installed in the Roxberry Subdivision. As people move in, they are rearranging to landscape, which may affect the drainage. Town Engineer Latona said they are the responsibility of the homeowner. Mr. Gorton said now neighbors will be fighting with each other when they are plugged up.
          Mr. Gorton said this Town Board is much better than the last Town Board, but there are other serious issues with Harris Hill Commons. In particular traffic, schools, sewers and accumulative affects. He hopes this will be issued a Positive Declaration, an EIS done and a thorough process performed. Sewers are a cost of development.

Frank Kennedy said he does not understand why there is a traffic engineer for a gourmet coffee place and a dry cleaners, and a proposal for 90 homes there is none. Councilman Casilio said that will come as the process moves forward.

There being no further business, Supervisor Hallock adjourned the regular meeting at 10:30 P.M. in memory of Howard and Sandy Voss, and Ryan Falzone. The Town Board extends their sympathies to all the families involved in the tragic loss of all of these people.

The Town Board reconvened into the previously called Executive Session.

Nancy C. Metzger
Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 11:00 P.M. No action was taken. Upon roll call Ayes: All; Noes: None. Motion carried.