07/11/07


A Work Session of the Clarence Town Board was held on July 11, 2007 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 9:00 A.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Assistant Director of Community Development James Hartz and Town Engineer Joseph Latona.

Supervisor Kathleen Hallock

St. Mary's Church

Supervisor Hallock has received numerous e-mails, telephone calls and letters from parishioners of St. Mary's parish regarding the proposed parish facility. They mention the design of the building and the fact that they hired a national consultant to work on the design, they mention the differences in the size of the proposed facility compared to other buildings in Swormville (Swormville VFC) and the threat of discrimination.

Planning Board Chairman Pat Powers will provide the Town Board with bullet points as to why the project was denied.

Councilman Bylewski stated that the existing parish center and school is approximately 49,000 square feet, the proposed church will be 17,000 square feet. Swormville VFC is approximately 19,000 square feet and Walgreen is 17,000 square feet. Councilman Bylewski would like to see the Planning Board in conjunction with the Building Department to put in tabular form, the actual square footage of surrounding buildings and how the proposed facility fits in with the sizes of these buildings.

St. Mary's proposed church facility will be on the July 25th Town Board agenda to set the public hearing only for a Special Exception Use Permit. The actual public hearing will take place at the August 22, 2007 Town Board meeting.

With regard to architecture, Councilman Bylewski further stated that he has repeatedly asked St. Mary's to show the Planning Board where the features that they are talking about fit in with other pieces i.e.: the cupola from the convent.

Councilman Casilio stated that no matter how big the church expansion is, they will still have the same people and the same traffic that is there now. The church is not all of a sudden going to drastically increase the number of parishioners however that is being taken into consideration for the future. Their current church has lasted 150 years. Councilman Weiss added that with the proposed added amenities, they will attract more people. People come from all around to attend Eastern Hills Wesleyan and The Chapel.

Councilman Casilio suggested eliminating the number of exists on to Stahley Road and eliminate on-street parking. The Planning Board felt there were other issues that outweighed the parking issues.

Assistant Director James Hartz stated that there are enough parking spaces; the only parking issue is where the exits are on Stahley Road.

Councilman Kolber stated that from a traffic standpoint, the more we direct traffic towards Transit Road the better.

An exit out to County Road would cause a financial hardship not to mention impacts on wet lands and the floodway. Councilman Casilio would like to appease the residents on Stahley Road by having less exists onto Stahley Road further; he would like to see improvements at the corner. Assistant Director of Community Development James Hartz stated that by doing this, you would be dispersing more traffic through less exits creating multiple conflict points especially the exit at the apex of the curve where there could be a safety issue.

Councilman Bylewski suggested the hiring of an off-duty police officer on the heavier attendance days such as holidays. This is done at both Nativity Church and the Eastern Hills Wesleyan Church.

The Town Board would also like to see actual pictures of the other churches that the architect has designed if possible. The church committee has indicated that the proposed design has been used across the country.

In conclusion, the Town Board would like to see less exists (currently there are proposed four exits plus the on-street parking) on to Stahley Road and an actual picture of the proposed church.

Councilman Bylewski asked that the church committee come up with a design that meets the requirements in the Traditional Neighborhood District. As it pertains to the internal flow of the exits, is that the best they can come up with or is there another way that the parking can be structured (the internal flow as well as the exits).

Casilio Companies 8755 Sheridan Drive

Councilman Casilio left the meeting during discussion of this project. Applicant received Development Plan Approval on July 26, 2006 for a 33,800+/- sq. ft. professional office building at 8755 Sheridan Drive. Peter Casilio was present at the June 27th Work Session and requested that instead of hammering the rock at this site, they would now like permission to blast the rock. The applicant had previously identified in Part 1 EAF and in the original Development Plan approvals that blasting of rock would not occur during construction. Per the SEQRA and Zoning Law, the Town Board has authority to approve changes to previously issued Negative Declaration and Development Plans.

Assistant Director of Community Development James Hartz stated that two actions are necessary, the amendment to SEQRA and reissue a Negative Declaration to include blasting for the foundation.

Town Engineer Joseph Latona is of the opinion that the blasting will cause no significant environmental impact. Mr. Latona stated that when he bid the sewers in Clarence Hollow which is all rock, he did not specify how to remove the rock - it was up to the contractor and they opted to blast the rock. The contractor had requirements they had to adhere to such as pre-blast surveys, on-site monitoring and they had to have seismographs on site. Mr. Latona felt that the impact would be low to moderate. For town projects we require insurance with the Town of Clarence listed at co-insured.

Supervisor Hallock asked about pre-blast surveys of septic systems. Mr. Latona stated that all of Clarence Hollow is in rock with septic systems. The pre-blast survey will have to record anything relative to the structure which will be video taped and logged.

Councilman Weiss asked if there was enough of a buffer between the project and the homes in the area. Mr. Latona stated that when blasting for sewers in Clarence Hollow, they were blasting 30' away from existing structures. The proposed Casilio project will be approximately 200' from the nearest residence.

Town Engineer Latona stated that residents should be notified of what will take place, when it will take place and what they can expect. There are approximately six homes and one business (Dr. Kenneth Kurtz) immediately adjacent to the proposed project site. Town Engineer Latona further suggested that the contractor be required to provide CO detectors to the residents immediately adjacent to the blasting site.

The amended EAF has been submitted. The applicant will be required to notify surrounding residents of blasting, pre-blast surveys of properties per Town Engineer requirements, on-site monitoring with seismographs and CO detectors for residents in the immediate adjacent area.

Councilman Kolber stated that contractors hammered 35' down for sewers from Ellicott Creek to Youngs Road in the Village of Williamsville.

All members of the Town Board except Councilman Kolber would be in favor of blasting as long as the residents are protected. Councilman Kolber stated that the developer said they were going to hammer the rock. If the neighbors are willing to put up with the hammering and the noise then the developer should honor what they said they were going to do.

Councilman Weiss stated that along with the CO monitoring, he would like to see Radon testing of the six residences as well.

Councilman Casilio returned to the meeting.

Supervisor Hallock updated the Town Board on the Passmore property on Thompson Road. Several members of the Recreational Advisory Committee including Supervisor Hallock, John Burns, Peter DiCostanzo and Mike Powers met at the property after the real estate closing. Mike Powers has worked with the Sunset Park residents and Clarence Little League Football to work out the problems at Sunset Park. A motion was made at the June 27th Town Board meeting to accept as much as practicable, the recommendations presented after numerous meetings held by Michael Powers.

Mike Powers has requested a meeting with the "Gang of Five" to address the sound system and lighting etc. in advance of the 2007 season.

Bob Blackmore informed Supervisor Hallock that Clarence Little League Football has retained a Harris Hill VFC fire police officer to cross spectators at Wehrle Drive. Mr. Blackmore is requesting permission from the Town of Clarence to cross on Wehrle Drive however; the Town can not give permission to cross on a County road.

A utility company is trimming trees on their site at Sunset Park. Supervisor Hallock suggested to Parks Crew Chief John Burns that he replace the damaged pine trees with new trees using money the town received through the Benderson account at Russell's.

Director of Administration and Finance Pam Smith will send a memo to all employees designated by the Town of Clarence to carry a cell phone. The IRS recently completed an audit of the Town and determined that the use of town issued cell phones, although mandatory, is a benefit and therefore taxable. The Town Board was in agreement with the memo.

Supervisor Hallock had previously reported that there were two phones in the Zoning Office when there are actually three phones issued to James Callahan, James Hartz and David Doman. James Callahan and James Hartz have turned in their phones. The Town Board discussed having two phones available in the Zoning Office for field work and no one would take them home. Councilman Bylewski stated that his only concern is that we receive zoning calls over the weekend. Supervisor Hallock stated that the Zoning Office is not on call 24/7 however the building inspectors are on call. The third phone will also be relinquished.

The Recreation Advisory Committee has recommended a change in the Park Rules and Regulations. Supervisor Hallock suggested everyone review the rules and regulations so all changes can be made at one time. Vince Delgato and the Public Safety Committee have recommended changing the bike path hours from dawn to dusk.

Councilman Casilio stated that he would like to move forward with the purchase of the speed trailer, it has become available on state bid for under $10,000. Highway Superintendent Ted Donner is checking the specifications. The trailer that he is looking at will announce to the public the speed of the road, it will record the number of cars and the speed they are traveling; it will count vehicle traffic in one direction and can be utilized year around. In the past, the town has had a trailer made available to us through the county but it had to be picked up in Orchard Park, this will be more convenient. Councilman Bylewski asked if there was a maintenance contract and who would do the calibration. Councilman Casilio will gather that information, the trailer is basically batteries, a computer and a radar gun. Town Attorney Bengart will also contact the court liaison in the Town of Amherst to find out who maintains their speed trailer.

Supervisor Hallock has two items for Executive Session.

Councilman Scott Bylewski

Time Warner is petitioning the FCC that they should be exempt from regulation on the setting of their basic cable rates. They have to go through the Public Service Commission to get the basic cable rates set. This means that without having to go through the Public Service Commission, Time Warner can set the basic cable rate for the town. The reason why they say they can do this is because there is enough competition in the affected municipalities and Clarence is included. Competition would be direct to home satellite providers such as Direct TV and Dish Network. Town Attorney Bengart suggested sending a Resolution indicating that the Town of Clarence is opposed to this. Councilman Kolber suggested including other municipalities in the Resolution.

Councilman Bylewski ran into Mary Stepanian from NYS Agriculture & Markets, she oversees our Animal Control officer and the kennel. Mary was extremely complementary of Jerome Schuler and the professionalism he exhibits.

Councilman Bylewski has not received any additional information regarding the fire tower in the Town of Amherst.

The Public Safety Committee Meeting - meeting on volunteers will be held July 23, 2007 at 7PM. Vince Delgato met with Rock Oak homeowners regarding a neighborhood watch.

Town Attorney Bengart does not have any further information from Harris Hill VFC regarding their borrowing for a new fire engine/rescue vehicle.

Councilman Bylewski has received information on NIMS (National Incident Management) regarding training.

Landscape Performance Bonds were discussed at a Landscape Committee meeting. There was discussion where under the Landscape Law, a performance bond can be required, the committee would like to be able to go ahead and enforce that. In many instances, the Landscape Committee will not review the landscape plan until the Town Board gives concept approval. Town Engineer Latona questioned who would establish the value of the Performance Bond. The Landscape Committee or the Zoning Department would do the inspections. No Certificate of Occupancy would be issued until the landscape is inspected. Town Engineer Latona stated that the Building Inspectors could make this part of their check-list, before they issue a CO. Town Engineer Latona and Town Attorney Bengart will work out a procedure for the Landscape Committee and the Building Inspectors to follow.

Councilman Bylewski received a response from the Commission on Local Government. Paul Buyer is our local representative.

Councilman Bylewski has one item to discuss in Executive Session regarding the discipline of an individual.

Councilman Bylewski was informed that some clearing has occurring along the bike path by FEMA. The FEMA crews were pushing the debris into the brush and were not necessarily picking up everything. Supervisor Hallock was on the bike path, FEMA was trimming the trees near the path and noticed that FEMA was stacking the brush in piles, she was told by John Burns that they would be coming back to pick up the piles of brush.

Town Engineer Joseph Latona

As part of the sewer project, the Town received Community Block Grant Development money to replace or install new sidewalks. Town Engineer Latona has received a complaint from a resident objecting to the sidewalks on West Avenue, the sidewalks are in the right-of-way.

Councilman Joseph Weiss

Councilman Weiss will respond to Bee Heard in the Clarence Bee regarding the Walgreen's project.

Day in the Park went well. Over 1,100 chicken dinners were sold. A final meeting is scheduled for next week. Councilman Casilio stated that Day in the Park was a remarkable event but suggested more police presence to direct traffic after the fireworks. He would like to do more work on the sound system however; it helped reunite eight children with their parents.

Councilman Weiss received information from Newstead regarding Ransom Creek. He will forward the information to Town Attorney Bengart for review.

Councilman Weiss was contacted by an Eagle Scout who is going to put 2-man rocks along the pond at the Main Street Park, this will prevent erosion.

The IDA interviewed several candidates for the Economic Development Officer position; there were two candidates that are extremely well qualified. Councilman Weiss thanked Paralegal Cindi Rosel and IDA member Mary Powell for scheduling the interviews.

The Clarence Hollow Association met with a group that carves images of famous people out of tree stumps. Councilman Weiss has set aside approximately six 8' tall stumps for possible use. The Hollow Association suggested a carving of Asa Ransom.

Several cherry trees that were taken down after the October storm were set aside by the Parks Department. John Burns is going to sell them and use the proceeds to purchase new trees for the park. The Town will have to advertise and whoever purchases the trees will be required to remove them as well.

Councilman Casilio has received several complaints from residents in Meadow Lakes and Floss Estates regarding geese and the damage they are causing. Councilman Weiss stated that there are several solutions and suggested Councilman Casilio contact Peter Wolfe. Councilman Casilio also would like to see the deer program continue.

Councilman Bernard Kolber

Councilman Kolber has two items to discuss in Executive Session regarding collective bargaining and the appointment of a corporation.

Councilman Kolber will announce the resignation of Willow Brost from the Library Board of Directors.

Councilman Patrick Casilio

Councilman Casilio announced that we have received the Chevrolet Tahoe; it will be used by Parks Security and our Disaster Coordinators. Councilman Casilio is working with Parks Security and the Disaster Coordinators regarding lettering on the vehicle.

Councilman Casilio met with a representative from The Allen Group, they are a camera company. Presently they have seventy cameras at ECMC as well as cameras on the Peace Bridge and the Lewiston Bridge. Councilman Casilio spent several hours with him touring the Town of Clarence and showing him what we are trying to do. Councilman Casilio has drawn up a draft of the RFP.

Councilman Casilio met with Steve Flaminio to try and figure out the internet problems at the Library. Steve may recommend Time Warner who has a reasonable rate for internet service.

Councilman Casilio will meet with a representative from NYSEG to go over the lighting situation in Harris Hill and to look at possible street lights at the four-corners in Clarence Center. The Clarence Center Community Association would like a cost estimate so they can forward the information to the Clarence IDA for funding. Councilman Casilio will also go over the street lights that are still out on Main Street.

A contractor issued a purchase order through the Parks Department concerning the light pole repairs in Harris Hill. Councilman Casilio spoke to John Burns and requested that James Schlabach work directly with the contractor because Jim knows where the most damage is.

Councilman Casilio will announce the bid award for sidewalks for the Harris Hill area.

Councilman Casilio will announce that there are three openings on the Traffic Safety Board.

Councilman Casilio stated that he feels we need the Historic Preservation Law in place especially to protect the Emporium however, he has a problem with the law effecting Residential A and making it difficult for the homeowner to opt out.

Councilman Casilio has two items to discuss in Executive Session regarding Collective Negotiations, and employment history of an individual.

Town Engineer Latona stated that he has to set a bid date for the generator at the Senior Center. He will meet with someone from the Center because he has to install an internal panel which will not fit in the mechanical room. It will have to go through the wall into the billiard room. There could be significant extra costs if the Senior Center does not want to go this route.

Councilman Casilio stated that the Senior Center has requested a bocce ball court however; the town is not interested in going ahead with it at this time because this is a very busy time for the Parks Department.

The Senior Center is working on the Resolution regarding a community center.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss the appointment of a corporation, the appointment of an individual, the history of a corporation, matters leading to the discipline of an particular person; §105(1) E Collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law) and one Attorney - Client item. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 10:55 A.M.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 11:50 A.M.

The Work Session resumed at 11:50 A.M.

Supervisor Hallock had previously advised the Town Board that the Clubhouse Renovation Committee was having preliminary drawings made for the Clubhouse. Dave Metzger and Joe Latona attended the May meeting to review plans and offer comments. The expectation is to replace the paneled wall with a wall that resembles the Clubhouse wainscoting, sound proof the wall, install a counter and display cases. The Rolf's clock could be returned to the Clubhouse and be displayed in the center case. The Board viewed the drawings and discussed need to insure proper storage of clock. There was discussion about appraisals.

There being no further business, the Work Session adjourned at 12:05 P.M.

Darcy A. Snyder
Deputy Town Clerk


A Work Session of the Clarence Town Board was held on July 11, 2007 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 Scott Bylewski, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Assistant Director of Community Development James Hartz, Town Engineer Joseph Latona and Director of Administration and Finance Pam Smith.

Director of Community Development - James Callahan

Public Hearings:

Henhouse Antiques 10768 Main Street
A Public Hearing is scheduled for 7:45 P.M. to consider a Temporary Conditional Permit for an off-premises sign for Henhouse Antiques at 10768 Main Street. The proposed site is located on the southeast corner of Main Street and Salt Road at existing historic structure located in the Clarence Hollow TND.

Formal Agenda items:

Steve Kieffer 8175 Sheridan Drive
Applicant is proposing to develop an office park on existing vacant land consisting of 3.8+/- acres in the Restricted Business and Commercial Zone. The proposed site is located on the south side of Sheridan Drive, east of Eastern Hills Mall entrance. (Applicant is out of town and asked to be rescheduled for the next Town Board meeting).

Uncle Bob's Self-Storage 8175 Main Street
Applicant is proposing to demolish existing residential properties and expand the existing self-storage facility by constructing a new 2-story climate controlled storage building. The proposed site is located on the south side of Main Street, east of Transit Road at existing self-storage facility located on 5+/- acres in the Commercial Zone. The Planning Board has forwarded a recommendation with conditions. The Town Engineer has approved the Development Plans and the Landscape Committee has approved the landscape plans. Mr. Latona stated that all heating units should be located on the inside of the building. The condenser units will be located outside but they must be screened, no heating units are to be located on the outside of the building.

Casilio Companies 8755 Sheridan Drive
Applicant had previously identified in Part 1 EAF and in the original Development Plan approvals that blasting of rock would not occur during construction. Applicant is now proposing to blast rock during construction. The proposed site is located on the south side of Sheridan Drive, east of Boncrest Drive on existing vacant land consisting of 4+/- acres in the Restricted Business Zone. Development Plan approval was granted in 2006. Per the SEQRA and Zoning Law, the Town Board has authority to approve changes to previously issued Negative Declaration and Development Plans. Supervisor Hallock received an e-mail late this afternoon from a resident that is opposed to any blasting for this project. Town Engineer Latona stated that he would like Mr. Kurtz property included in the pre-blast survey. Mr. Kurtz property (Kurtz Physical Therapy) is approximately 500' away from the proposed property line. (For the record, every time this project has been discussed Councilman Casilio has left the room and has not been part of any discussions regarding this project).

Tim Pettit 9900 Tonawanda Creek Road
Applicant is proposing to split the parent parcel to create one additional residential building lot. The proposed site is located on the north side of Tonawanda Creek Road, west of Brauer Road. The existing rural residential property is located on 11.2+/- acres in the Agriculture Flood Zone. The proposed split is in conformance with all applicable land use regulations.

Work Session items for consideration on 7/25/07:

Russ Sciolino 8275 Transit Road
Applicant is seeking permission to construct a 40' x 60' pole barn. The proposed site is located on the east side of Transit Road, north of Wolcott Road on existing vacant land located in the Restricted Business Zone and within the Density Flood Zone. The property consists of 4.8+/- acres and 140+/- feet of public road frontage. It was questioned whether approval should be give for the applicant to build a storage building on his property without a principal building. The applicant has indicated that he will eventually build an office but he has no plans to do so at this time, he wants to build a pole barn first. This is a commercial zoning classification so the Town Board does have the authority to grant an accessory structure.

Arthur Fuerst 9450 Main Street
Applicant is seeking approval to increase the size of the proposed coffee shop. The proposed site is located on the northwest corner of Main Street and Goodrich Road. Amendments to previously approved Development Plan and Special Exception Use Permits must be approved by the Town Board. Increasing the size of the structure may involve amendments to storm drainage facilities, green space, parking requirements and may impact on previously issued Negative Declaration under SEQRA. Councilman Bylewski stated that the applicant should be made aware that this change will start the review process over; this is a major change to the original design. (For the record, Councilman Casilio left the room during discussion of this project. A Transactional Statement of Disclosure is on file in the Town Clerk's office).

Cimato Enterprises/Waterford Village PURD
Applicant is seeking final Site Plan/Final Plat approval for previously designed and approved Phase III of Waterford Commons and Waterford Estates. The proposed site is located on the east side of Shimerville Road, west of Thompson Road, south of Clarence Center Road. The area is located in a residential classification. Approvals are needed from the Engineering, Highway and Health Department.

Annual Excavation Permits
A public hearing will be set in two weeks to consider renewal of the annual excavation permits.

Tom Kelkenberg 9300 County Road
Tom Kelkenberg presented plans for a proposed office/warehouse park to be located on the north side of County Road between Goodrich and Strickler Road. The building is similar to the structures he built on County Road between Heise and Goodrich Roads. The area is located in an Industrial Zone classification.

St. Mary's Church
Applicant requests a public hearing to consider a Special Exception Use Permit for a structure greater than 10,000 square feet in the TND.

Supervisor Kathleen Hallock

Supervisor Hallock has received two requests for Block Parties.

The Ethic's Committee is requesting a revision to the Transactional Statement of Disclosure. The revision was distributed to the Board. Councilman Kolber stated that if you are filing a disclosure, you would not have to recuse yourself. The revised form also says that you must submit a copy to the Town Clerk however, according to the Ethics Code; you are also supposed to file a copy with your immediate superior. Town Clerk Nancy Metzger questioned that since this is such a minimal change, is it worth changing the law at this time or should we wait and make the revision when there are other changes.

Supervisor Hallock had a visit from the Associate Pastor from Faith Fellowship Church. They are located on Main Street, just east of Clarence in the Town of Newstead. They would like to become more involved and more visible in our community and are interested in participating in any upcoming events. They volunteered to do the clean up after Day in the Park and did a great job. Supervisor Hallock will ask Parks Crew Chief John Burns if he would be interested in having them help with the cleanup of our Pioneer Cemeteries. Councilman Bylewski suggested Taste of Clarence; the Chamber of Commerce is looking for volunteers.

Supervisor Hallock will announce the receipt of a $5000 grant through Assemblyman Michael Cole for the purchase of a Disaster Assistance Response Trailer.

Supervisor Hallock has obtained information from Fisher Associates about bike paths. She also has information on regulating "big box stores" and parade management. If anyone is interested in the information, it is available in her office.

Supervisor Hallock will make an appointment to the Senior Center Board at the next Town Board meeting.

Councilman Scott Bylewski

Councilman Bylewski will make a motion authorizing the Supervisor to execute an agreement between Wendel - Duchscherer as Grant Consultant.

Councilman Bylewski will announce a Public Safety Committee meeting is scheduled for July 23rd @ 7PM. There is still one vacancy on the committee.

Councilman Bylewski will report on the Amherst Central Fire Alarm Report and the Building Report statistics for June 2007.

The Commission on Local Governments is looking at our recently adopted Adequate Public Facilities Law to see what can be done in terms of regionalism and other smart growth techniques.

Councilman Bylewski will appoint Nancy Thoman to the Youth Board. She will fill Kevin Christopher's term.

Councilman Bylewski has one item to discuss in Executive Session.

Councilman Joseph Weiss

Highway Superintendent Ted Donner is recommending the bid for a Steel Tracked Crawler Excavator be awarded to Admar Supply. They were the only bidder.

Highway Superintendent Ted Donner is recommending the bid for a Tack Coat sprayer be awarded to Seal Master at their bid of $17,976.79.

Highway Superintendent Ted Donner is recommending the bid for wood chip mulch be awarded to Titan Development Company at their bid of $2.76 per cubic yard.

Highway Superintendent Ted Donner is requesting Town Board approval to hire Joseph Braunscheidel as traffic signal consultant for the summer.

Councilman Weiss will make a motion closing out the sanitary sewer contract for Ransom Road with Visone Construction. The project has been tested and is ready for use.

Councilman Weiss was contacted by an Eagle Scout who is going to put 2-man rocks along the pond at the Main Street Park, this will prevent erosion.

Councilman Weiss will attend a meeting - Framework for Regional Growth to be held in the Town of Amherst.

Councilman Weiss has one item to discuss in Executive Session.

Councilman Bernard Kolber

Councilman Kolber will make a motion authorizing the Supervisor to sign the 2007 Justice Court Assistance Program application for a grant for the Justice Court.

Councilman Kolber will make a motion authorizing the Supervisor to sign an Agreement for Consulting Services between the Town of Clarence and Samina Raja.

Councilman Kolber will announce the resignation of Willow Brost from the Library Board of Directors.

Councilman Patrick Casilio

Councilman Casilio will meet with a representative from NYSEG to go over the lighting situation in the Harris Hill area.

There are three openings on the Traffic Safety Board.

Councilman Casilio will announce the town's plan to purchase a speed trailer.

Upon recommendation of Town Engineer Joseph Latona, the bid for the Sidewalk Placement and Replacement Program will be awarded to Sicilia Construction Co., Inc.

Councilman Casilio gave a brief update on Sprint video cameras. Sprint feels that if the town went to a permanent camera system, it would bog down their phone system in the town. Their cameras are mainly for temporary use, they can be set up for surveillance use.

Town Attorney Steven Bengart

Town Attorney Bengart spoke with Amherst Police court liaison and he will look into the maintenance and calibration concerns regarding the speed trailer.

Time Warner is petitioning the FCC that they should be exempt from regulation on the setting of their basic cable rates. They have to go through the Public Service Commission to get the basic cable rates set. This means that without having to go through the Public Service Commission, Time Warner can set the basic cable rate for the town. The reason why they say they can do this is because there is enough competition in the affected municipalities and Clarence is included. Based on Councilman Bylewski conversation with the Public Service Commission, the ratio that is presented deals with how many homes have cable television subscriptions and how many homes can subscribe to other forms of broadcasting (satellite dish). Based on the numbers provided by a third party census, it looks like they can do it. The Town would have to some how show that those census numbers are incorrect. It will not be worth the towns efforts to pursue it.

There was a discussion regarding the County Road cell tower, Town Attorney Bengart spoke with a representative and he felt that they would be able to allow the town some type of easement to continue to have access to the tower for fire protection.

Town Attorney Bengart and Paralegal Cindi Rosel spoke to the treasurer of Harris Hill VFC regarding the purchase of new fire equipment. They have to do a resolution, they have to do an authorization appointing the designee and they will also have to have a public hearing. In the past, they have hired counsel however; they do not want to do that. As a courtesy, Town Attorney Bengart will look at their resolution but he will not draft their documents for them, it is their responsibility.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss the appointment of an individual and § 105(1) A matters which will imperil the public safety if disclosed and one Attorney-Client item. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the meeting adjourned at 7:05 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Casilio to adjourn the Executive Session at 7:20 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, July 11, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Bernard Kolber, followed by a prayer read by Supervisor Hallock.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held June 27, 2007. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant approval for a Block Party to be held July 28, 2007 from 4 -10 P.M. between 5034 & 5014 Rockhaven Drive. On the question, Supervisor Hallock said all appropriate agencies will be notified. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant approval for a Block Party to be held July 21, 2007 from 2 - 9 P.M. on the 8300 block of Hirschwood Drive between Norwood and Hedgewood. On the question, Councilman Bylewski said all appropriate agencies will be notified. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that we received a check in the amount of $5,000 representing a grant from New York State. This grant substantially contributed to the purchase of a Disaster Assistance Response Trailer equipped with cots, blankets, pillows, first aid kit, safety vest and personal hygiene kits. The Town will now be better prepared for emergencies in the future. Assemblyman Michael Cole arranged for the grant.

Supervisor Hallock said she will be making an appointment to the Senior Center Board in two weeks.

Councilman Bylewski congratulated Chuck Eckert and Councilman Weiss on a very well run Day in the Park. His family and friends had a great time. He thanked them and everyone who was involved in making the event a great success.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize the Supervisor, Kathleen E. Hallock, to execute an agreement between Wendel Duchscherer, as Grant Consultant, and the Town of Clarence for a period of one (1) year, commencing August 1, 2007 and ending July 31, 2008, payable according to the terms and conditions of the agreement, subject to review and approval by the Town Attorney. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said he spoke with the person from the Department of Agriculture & Markets who is responsible for overseeing our Animal Control Office. They were very complimentary about the professionalism and dedication of our Animal Control Department, especially Jerry Schuler.

Councilman Bylewski said there is a Public Safety Committee meeting set for Monday, July 23, 2007 at 7:00 P.M. in the Town Hall Auditorium. The meeting is for anyone interested in volunteering for the bike path or other safety issues.
          Councilman Bylewski added that applications are being accepted for the Public Safety Committee due to a resignation.

Councilman Bylewski received the Amherst Central Alarm Report for June 2007. Town of Clarence fire companies responded to the following: Miscellaneous Fires - 7; EMS Calls - 131; Motor Vehicle Accidents - 23; and Miscellaneous Calls - 39 for a total of 200 alarms.
          The Semiannual 2007 Operations Report was also received. Town of Clarence fire companies have responded to the following through June 2007: Structure Fires - 5; Motor Vehicle Fires - 6; Miscellaneous Fires - 48; False Alarms - 1; EMS Calls - 721; Motor Vehicle Accidents - 84; and Miscellaneous Calls - 214 for a total of 1,079 alarms.

Councilman Bylewski reported on the Single Family Dwelling Statistics for June 2007. There were 9 permits in subdivisions and 4 outside of subdivisions for a year-to-date total of 39 in and 11 outside. By way of comparison, the year-to-date total for June of 2005 was 64 permits issued, and June 2006 was 63 permits issued. We are still growing as a Town, though not as rapidly as in previous years.

Councilman Bylewski said the recently adopted Adequate Public Facilities local law has been forwarded on to the Commission on Local Governments Efficiency and Competitiveness, who is looking for more smart growth and regionalistic activities that can be accomplished.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint Nancy Thoman to the Youth Board with term to expire 12/31/08. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that item 12 - Steve Kieffer's request for 8175 Sheridan Drive was removed from the agenda.

Motion by Councilman Weiss, seconded by Councilman Bylewski to close out the Sanitary Sewer Contract for Ransom Road with Visone Construction Inc. The project has been tested and is ready for use. The contractor has supplied the required maintenance bond and has been paid in full. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation of Highway Supt. Ted Donner, Joseph Braunschidel be hired as a Traffic Signal Consultant for the summer of 2007 at the rate of $50 per hour to be funded from the Sign & Signal account. Mr. Braunschidel will work approximately 8 hours per week with our crews to perform traffic signal maintenance, re-apply striping as required at crosswalks and mark out school zones. On the question, Supervisor Hallock said Mr. Braunschidel has worked for us in this capacity before. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to award the bid for the sale and removal of approximately 3,300 cu. yds. of Wood Chip Mulch to Titan Development Company at their bid of $2.76 per cubic yard. Upon receipt of full payment and insurance certification, Titan will have 90 days to remove the material from the Sheridan Drive site. On the question, Councilman Weiss said the cost has been affected due to the storm and the availability of mulch. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to award the bid for a 550-gallon Tack Coat Sprayer to Seal Master, being the lowest responsible bidder at their bid of $17,967.79 for the Highway Department. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to award the bid for a Steel Tracked Crawler Excavator to Admar Supply at their bid of $76,000 or $68,000 with our unit as a trade. Highway Supt. Ted Donner will choose which option based on a pending appraisal of our used excavator. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss thanked Councilman Bylewski for the kind words regarding Day in the Park, but Chuck Eckert worked night and day to put this all together. He is already beginning to make plans for next year. He thanked Chuck and all the groups who pitched in with this community effort. It was a terrific day. They sold a record number of chicken dinners.

Councilman Weiss said we have an Eagle Scout who is going to put in 2-man rocks along the eastern side of the pond at the Main Street Park to help prevent erosion. Parks Supt. John Burns is overseeing the project.
          Councilman Weiss said John also has a pile of logs he is going to sell to assist in the purchase of new trees for the parks.

Motion by Councilman Kolber, seconded by Councilman Casilio to accept, with regret, the resignation of Willow Brost from the Library Board of Directors as she is moving out of town. Councilman Kolber thanks her for her years of service. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Kolber said applications will be accepted for 30 days for the Library Board of Directors to fill the unexpired term to 12/31/07.

Motion by Councilman Kolber, seconded by Councilman Bylewski to authorize the Supervisor, Kathleen Hallock, to sign an Agreement for Consulting Services between the Town of Clarence and Samina Raja, Ph.D., for a period of nine (9) months commencing August 1, 2007 and ending April 30, 2008, to provide a Fiscal Impact Study and Analysis for the Town of Clarence according to the terms and conditions of the agreement, subject to Town Attorney approval. On the question, Councilman Bylewski said this is for a planning fiscal impact study which we have been looking at for quite some time. We are fortunate, through Councilman Kolber to come to an agreement with Professor Raja. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to authorize the Supervisor, Kathleen E. Hallock, to sign the 2007 Justice Court Assistance Program application for a Grant for the Clarence Town Court. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Casilio said the Town has purchased a Tahoe to help out in the Security Department and also to tow the disaster trailer when necessary.

Councilman Casilio said a contractor has been hired to weld several of the street light poles in the Harris Hill area that have rusted out through the years. We are purchasing three new poles that were damaged in the storm and paid for through FEMA reimbursements.

Councilman Casilio said he will be meeting with a representative from NYSEG to take him through the Harris Hill area. He will also speak to him about the power outages. It was reported that they have done some repair work and hopefully Pine Breeze will be better served now.

Motion by Councilman Casilio, seconded by Supervisor Hallock to award the Sidewalk Placement and Replacement Program contract to Sicilia Construction Co., Inc., the lowest responsible bidder at their bid of $24,662 to be paid from bond issue. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Casilio said we receive several complaints about people speeding in Town. There is a traffic control trailer that lets people know what speed they are traveling as well as records activity. The Town will be purchasing the trailer in the near future for a cost not to exceed $10,000. Hopefully it will entice people to slow down. It can also be used by the Highway Department to monitor traffic activity.

Councilman Casilio said they are working on reforming the Traffic Safety Board. There are three openings for anyone interested.

Councilman Casilio thanked Councilman Weiss and Chuck Eckert for all their work on Day in the Park. It gets better every year.

Supervisor Hallock said Day in the Park was a great event. It was good foresight on Councilman Weiss' part to get Chuck Eckert involved and the combination of the two do a great job.
          Councilman Weiss said Chuck does a great job. There are openings for more groups to get involved for next year.
          Councilman Weiss said another great event, the Taste of Clarence, is coming up in August. Also, Bark in the Park will be held at the Town Place Park on July 28th. He has purchased two trophies for this event. One is for the dog and owner look alike contest.

Public Participation

Irvine Roy, Boncrest East said in regard to item 14 for Casilio Companies, they were told that there would be no blasting for this project. Now they are coming back requesting blasting on the site. It will be within 150 ft. of his foundation. He is opposed to any blasting. He feels there could be damage to their home.

Janet Roy, Boncrest East said she is opposed to the request for blasting and respectfully requests that the Town Board uphold the original decision of no blasting. The project could still go on and the residents would be happy.

Jim Cius, Boncrest East said they have homes and septic systems that they are concerned about. He also has an in ground pool. The pool contractor told him that the concrete slab is in danger if there is any kind of blasting. They are also concerned about their retaining wall. They have heard that there is an underground stream and they worry that if it is disturbed it could flood their basements. He would like to go on record saying that he is against any kind of blasting.

Susan Black, Boncrest East said they also have an in ground pool that she is concerned about, as well as, the foundation of their home which was build in 1959. She is opposed to blasting.

Donna Cius, Boncrest East said as president of the Boncrest Homeowners Association, asked that the wishes and concerns of the homeowners are respected and that the Town Board votes against the blasting. It is too close to their neighborhood and it is possible that it could cause considerable damage to their foundations, pools, etc. They feel that the Casilios have been in construction for a long time and should have known what would be involved when they first presented their proposal. They promised that there would be no blasting. She asked that the Board respect their wishes and vote against the blasting.
          Councilman Kolber asked if they still would prefer hammering it out even if it took a month, rather than blasting. Mrs. Cius said they feel there could be considerably more damage from the blasting because they are on rock. They have also heard from pool and septic contractors that they could have damage from chinking, but more so from blasting.

Rick and Kathy Dudkowski, Bonview Terrace said they are also opposed to the blasting especially having been told that there would be no blasting. They had some underground electric work done and the contractor had to chink through the rock. It is a cost issue. Their concern is not the noise, it is property damage. If the blasting is approved, how do they know if damage has occurred as a result of the blasting?

Peter Casilio said it could be over three months of rock breaking.

Irvine Roy said he is the closest to the proposed building and if it takes three months longer using the chinking method, he has no problem with that. He is very concerned about damage.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for an off-premises sign for Henhouse Antiques at 10768 Main Street. James Hartz said the location is on Salt Road north of Greiner and the sign is proposed for the northeast corner of Main and Salt.
          Bill Henderson said his wife has a small shop and half of her business comes from having a sign up there. They are only looking for a directional sign because it is only one of a few of the businesses that are located off of Main Street. They have tried a number of other means of advertising and this seems to work the best. They would be more than happy to work with the Clarence Hollow Community Protection Board to design the sign.
          Councilman Bylewski said he liked how Mr. Henderson proposed to tie in the color scheme with the Clarence Hollow signs. However, there is the issue of setting precedence of off-premises signs.
          Mr. Henderson said it would not be the first in town.
          Councilman Weiss said he can think of a few other businesses that are also off the main road that are in a similar situation.
          Mr. Henderson said that after she has been in business for a few years and built up clientele, the sign may no longer be necessary.
          James Hartz said the Sign Law does not allow off-premises signs. The only way they were allowed in the past was through a Temporary Conditional Permit process.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Supervisor Hallock said they have struggled with this request, but do not want to set a precedent.
          Motion by Councilman Weiss, seconded by Supervisor Hallock to adopt the following resolution:
          RESOLVED, that the Clarence Town Board, after a public hearing duly held on July 11, 2007, and after all interested parties having been heard, denies the request of the applicant, Henhouse Antiques, for an off premises sign to be located at 10768 Main Street for the following reasons: 1. Contrary to present law. 2. Sets precedent.
          On the question, Councilman Kolber said it would be unfair to allow one business an advantage over the others.
          Councilman Bylewski said Mr. Henderson mentioned working with the Clarence Hollow Community Protection Board to come up with an overall scheme or sign to help identify different things in the Hollow. He would not discourage him from doing that, but the sign by itself is a problem.
          Town Attorney Stephen Bengart said it is his understanding that the signs that do exist have been there for many years and pre-exist our current zoning laws.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Uncle Bob's Self-Storage requests Development Plan and Architectural Approval for an addition to the existing facility at 8175 Main Street.
          Councilman Weiss said he will recuse himself as he has a business relationship with some of the owners.
          Don Swanson, Engineer said the plan is to demolish the existing structures on the site and construct a two-story climate controlled storage facility. At the request of the Landscape Committee, there is plenty of landscaping on the north side of the project and plenty added to the east side of the project. Every effort will be made to protect and preserve the vegetation along the property line.
          Councilman Bylewski said one of conditions set forth by the Planning Board was the air conditioning units are inside the building. It is understood that the condensers must be located outside.
          Mr. Swanson said his client said rooms inside the building will be dedicated for air handing units and the only units located outside would be on the east side of the building. They will put fencing and/or landscaping around it.
          Councilman Kolber suggested keeping as many of the existing trees as possible to provide a natural screening. Mr. Swanson some of the trees were heavily damaged from the storm, so the Landscape Committee asked for additional landscaping.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
          RESOLVED, that the Clarence Town Board approves the request of the applicant, Uncle Bob's Self Storage, for Development Plan and Architectural Approval for an addition to the existing self-storage facility located at 8175 Main Street subject to: 1. Only Man Doors on the new building. 2. Landscape Committee approval of the landscape plan. 3. No sign on the new building. 4. Areas that are to remain undisturbed must be protected by fencing during the construction period. 5. The building will be constructed according to the approved elevation plans dated March 16, 2007. 6. The road is to be paved. 7. The air conditioning and heating units are to be located on the inside of the building with only condenser units on outside. 8. Condenser units to be screened with fencing and/or landscaping.
          On the question, Councilman Kolber asked that they try to keep as many trees as they can.
          Town Attorney Stephen Bengart said since they already have Landscape Committee approval, how is the buffer going to be checked. Councilman Bylewski said in speaking with Mr. Hartz, it will be reviewed at the time of certificate of occupancy between the building and planning departments.
          Upon roll call - Ayes: Councilmembers Casilio, Kolber Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

Casilio Companies requests Amended Development Plan and Negative Declaration on previously approved project to allow for blasting at 8755 Sheridan Drive.
          Councilman Patrick Casilio said he has been recusing himself from all discussion on this project because he is part owner of the proposed building. He has also, and will continue, to walk away while this project is being discussed. Councilman Casilio said his Transactional Disclosure Form is on file in the Town Clerk's Office.
          James Hartz said the location is the south side of Sheridan Drive in the Restricted Business Zone. Development Plan Approval was granted in 2006 for a 33,800 sq. ft. office building with a 50 ft. buffer at the rear of the property. This project was originally approved with no blasting as a contingency on the environmental review. The applicant has now submitted a revised Environmental Assessment Form stating that they would like to blast for the foundation and septic area. The Negative Declaration would also have to be amended to approve the request.
          Peter Casilio, PAT Construction Management and part owner of the proposed building said very early in the project they did submit that they were not going to blast on the site. They reduced the size of building and made a lot of concessions to the neighbors and the Town to make a building that they thought would be appealing to the Town. In this process, they lowered the building several feet into the ground to diminish the visual affect as much as possible to the neighbors bordering the property line. The site contractors have come back and said there is such a large amount of rock that has to be excavated that it could take as much as 3 ½ months of work. They highly recommended blasting the rock to remove it. In some areas they have to go down as much as 12 feet. If they can do a controlled excavation with blasting, it could reduce the work time to less than a month and hopefully within two weeks. They feel that blasting would be less intrusive to the adjoining neighborhood.
          Mr. Casilio asked if the Town received letters from pool contractors or septic system contractors stating that blasting would cause damage to pools or septic systems. James Hartz said they have not received any letters.
          Mr. Casilio said he went up to the Hollow where they have been installing sewers and took pictures. The buildings in that area were within 30 ft. of the blasting locations. He also knows that blasting was done within 30 ft. of an in-ground pool in that area. The closest building to their site exceeds 150 ft. They have given up 5 ft. to add to the buffer zone. A survey was done and they put up a snow fence designating the buffer area prior to construction.
          Supervisor Hallock read a letter into the record from a neighbor strongly opposed to blasting. They are disturbed by the possible damage to properties in their neighborhood. They were previously assured that there would be no blasting on the site.
          Supervisor Hallock received another letter from a neighbor on Boncrest Drive East stating the following concerns: foundation of their home, pre and post term surveys may not detect long-term damage, septic system and radon detection.
          Peter Casilio said he knows of no studies done of blasting when it is done in accordance with the blasting laws of New York State. The Town elected to blast for sewers in the old Parker School area and he is sure that the Town Engineer and the Town took the potential damage to the structures into consideration. To his knowledge he knows of no complaints. He also knows that some pool contractors and septic contractors blast in order to install their systems.
          Anthony Merk of Merk Blasting Services, who did the blasting for the sewers and a project in the Boncrest area, was present. Mr. Merk said they have also done basements and waterlines in Spaulding Lake recently in close proximity to existing structures and pools. He said there is a misconception about blasting. It is a very controlled, very concise and very specific area where the vibration levels are not at a level that could damage foundations, septic systems or pools. It just breaks the rock and does not create excess energy through the rock because of vibration.
          Councilman Bylewski asked how the force of the blast proposed for the Casilio site compares to the blasting he did in the Hollow. Mr. Merk said it is hard to compare. They were trench blasting in the Hollow area, which is harder to do than a basement even though it is a larger area. The amplitude is less to the structures because they are farther away.
          Councilman Weiss said they were invited to witness a blast in the Hollow for the sewers. He asked Mr. Merk to explain the difference in how the charges are set. Mr. Merk said it would be a larger grid area of about 30' x 30' and the charges go off sequentially. The deepest they had to go was 12 or 13 feet in the Academy area. Their policy is to do pre-blast surveys of structures within 200 ft. They inspect a house for any physical damage to foundations, pools, sidewalks and just about anything.
          Councilman Kolber said Merk Blasting is incredibly reputable. He had to blast for his own home years ago and used a different company. Unfortunately, there was damage to neighbor's homes that he had to pay for. He has had experience breaking rock to put a basement in and knows that it can be done. It can be done either way and the neighbors seem to be more comfortable with breaking the rock rather than blasting.
          Councilman Bylewski said he understands that change orders do happen in construction. He asked if they anticipated any other changes that would cause looking at the SEQR process again. Peter Casilio said he does not. Their original design of the building was to break through the rock.
          Councilman Weiss said if we approve this and damage did occur, could we shut the process down. Town Engineer Joseph Latona said first you would have to establish that the damage was done by the blasting. We have had a situation, in which Mr. Merk was involved, where there was heavy carbon monoxide traced back to the blasting. They immediately stopped the job, investigated and remediated the situation before continuing.
          Councilman Weiss asked if Mr. Merk was ever on a job that had to be shut down because of damage. Mr. Merk said no. They did a blasting job for sewers in Amherst among 400 homes and they did not receive any damage complaints. Several complaints were made and once they were investigated were determined not to be from the blasting. Pre-blast surveys proved that there were untrue. Seismographs are set up to monitor the vibrations. They are restricted by law not to go over two inches per second. Most houses can sustain four inches per second without damage.
          Councilman Bylewski asked how long after a blast, in his experience, has damage occurred that you would attribute to the blast. Mr. Merk said if damage occurs from blasting, it happens at the instant the blast occurs. It does not take months. A vibration does not resonate in a building for months.
          Councilman Weiss asked how long the insurance policy is in place for a project. Town Attorney Bengart asked the applicant if he was willing to take on the responsibility for any damage that may happen. Mr. Merk said he is responsible by law to have coverage in case anyone files a claim against him. Mr. Bengart said he was referring to Mr. Casilio. Peter Casilio said no because he is not doing the blasting. They are not the professional doing the blasting.
          Councilman Weiss asked if Mr. Merk has ever been litigated against. Mr. Merk said no. The only claim they ever paid out was $127 for a mirror. He has worked for the family business since 1984.
          Councilman Bylewski said one issue tonight is to revisit the Negative Declaration. In talking with our Planning Department, Legal Department, and Engineering Department and based on the submitted Environmental Assessment Form, he feels that the blasting would have a small to moderate impact upon the environment. The small to moderate impact can be mitigated and he proposes the following mitigation measures would have to occur: 1. All prior mandatory conditions required as listed in the resolution of July 26, 2006 as adopted by the Town Board. 2. Pre-blast survey and notification within 400 feet of the project to also include Kurtz Physical Therapy per Town Engineer requirements. 3. Seismographs to be installed around property lines and monitored by an on site monitoring firm. 4. Any blasting for the building foundation and septic area shall be one in a manner to insure no damage to adjacent property owners. The blasting contractor will pay for any damage that may occur. 5. Radon testing, and abatement if necessary, to be provided by the applicant to the homeowners' of the adjacent property. 6. Carbon Monoxide detectors, and abatement if necessary, are to be provided by the applicant to homeowners' adjacent to the project for placement into their basements. 7. Insurance Policies of the applicant and the blasting company to be submitted to the Town Attorney for approval.
          Councilman Bylewski asked the applicant if he understands that those conditions would be part of any environmental mitigation.
          Councilman Weiss said he believes we do not have to hamper Mr. Casilio since the blasting contractor has the insurance coverage as required.
          Peter Casilio said he is not sure about the radon. Mr. Merk said homes already have radon because this area is high in radon, especially in the rock. Town Attorney Bengart said he believes radon is tested for and not actually monitored. Councilman Weiss added that he brought it up and thought the closest homes could be tested for radon before and after the blasting occurred. Mr. Merk said the problem with that is that radon reacts to the environment and not the blasting. Rain will affect radon levels in a house.
          Peter Casilio said he is in agreement with all of the conditions except the last two for the radon testing and insurance, since the blasting company has the insurance.
          Councilman Weiss said he is fine without the radon after it was explained. Town Engineer Latona said definitely the carbon monoxide detectors though. Based on the explanation, Councilman Bylewski said he would have no problem removing that portion.
          Town Attorney Bengart said there have been very few blasting situations coming through. In this case, several neighbors are coming in stating their concerns and it is the obligation of the Town to address their concerns.
          Town Engineer Latona said in regard to the sewer project in the Hollow, there were pre-blasting surveys conducted. Post-blast surveys are conducted if there is a complaint by the contractor's monitoring company to handle. Two to three day notification to the neighbors was given prior to blasting. Seismographs were installed and monitored. Councilman Kolber asked how many post-blast calls were received. Mr. Latona said about four and they were turned over to the contractor. Councilman Kolber was concerned that the monitoring company would not respond.
          Mr. Merk said his company is the one to make the contact on behalf of the property owner. It is his responsibility.
          Councilman Bylewski said that based on everything that has been said and on the conditions stated with the removal of the radon testing and changing number 4 to include "blasting" contractor, he moves the following:
          Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law Part 617.7(e), the Town Board finds that the project amendment for the Casilio Office Building located at 8755 Sheridan Drive to include charged excavation for the foundation and septic area of the project will not cause a significant impact on the environment. The amended EAF form and Negative Declaration are on file in the Planning and Zoning Office. On the question, Councilman Bylewski said this is dealing with the environmental situation and the SEQR process we have to go through. The conditions will help mitigate any environmental impact that may occur. Upon roll call - Ayes: Councilmembers Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Kolber; Recuse: Councilman Casilio. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Clarence Town Board grants the request of the applicant, Casilio Companies, Inc., for Amended Development Plan Approval on the previously approved project to allow for blasting for the construction of an office building at 8755 Sheridan Drive subject to the following conditions:

  1. All prior mandatory conditions required as listed in the resolution of July 26, 2006 as adopted by the Town Board.
  2. Pre-blast survey and notification within 400 feet of the project to also include Kurtz Physical Therapy per Town Engineer requirements.
  3. Seismographs to be installed around property lines and monitored by an on site monitoring firm.
  4. Any blasting for the building foundation and septic area shall be done in a manner to insure no damage to adjacent property owners. The blasting contractor will pay for any damage that may occur.
  5. Carbon Monoxide detectors, and abatement if necessary, are to be provided by the applicant to homeowners' adjacent to the project for placement into their basements.
  6. Insurance Policies of the applicant and blasting company to be submitted to Town Attorney for approval.

On the question, Councilman Kolber said in spite of the tremendous respect he has for the Casilios and Merk Blasting Services, he has to go with the neighbors on this. They were promised that the rock would be broken. He believes that we should stay with the initial proposal.
          Councilman Weiss said he believes that the Casilios, in making the changes to the building, incurred this and he can understand their rational. He does not think we should put the extra burden on them to chip at this thing when they were compromising on the design of the building.
          Upon roll call - Ayes: Councilmembers Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Kolber; Recuse: Councilman Casilio. Motion carried.

Tim Pettit requests Minor Subdivision Approval to create one additional Residential building Lot at 9900 Tonawanda Creek Road. James Hartz said the parcel consists of 11 acres. Mr. Pettit would like to split off a lot, which meets the minimum zoning law requirements.
          Nancy Pettit said the purpose is for a single-family residential home.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Pettit Minor Subdivision located at 9900 Tonawanda Creek Road. This Unlisted Action involves the creation of an additional single-family residential lot on approximately 1.36 acres in the Agricultural Flood Zone. Upon review of the Environmental Assessment Form Part I, it has been determined that the proposed action will not have a significant impact on the environment. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Minor Subdivision approval for one additional residential building lot to the applicant, Tim and Nancy Pettit, for the property to be split from 9900 Tonawanda Creek Road subject to open space and recreation fees.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Clarence Contemporary Club - Sept. 18, 2007; Legion Hall Applications - A. Nehzat Goshtasb - July 20, 2007; B. Diane Moyer - Sept. 15, 2007. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of July 12, 2007 are approved for payment: General Fund - $237,866.41; Highway Fund - $63,527.41; Water District - $33,607.92; Sewer Districts - $173.24; Capital Fund - $4,250.00; and Trust and Agency 203 - $4,950.00 for a total amount of $344,374.98. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:10 P.M. in memory of Paul Parrinello, a former Clarence High School assistant principal, a veteran and Lions Club member.

Nancy C. Metzger
Town Clerk