07/13/05


A Work Session of the Clarence Town Board was held on July 13, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Joseph Weiss and Bernie Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Town Attorney Steven Bengart, Senior Building Inspector David Metzger, Town Engineer Joseph Latona and Town Assessor David Folger.

Mike Neumeister - Capital Markets Advisors, LLC

Mike Neumeister stated that the Town typically at this time of the year goes to the market to finance capital projects as part of a five-year plan for various town improvements. The market is very appealing this year. For the last several years, we have had very low interest rates in the short-term markets; we were borrowing money for the short term at a cost of under 2%, typically 1 ½%. The short-term market has been rising in interest costs to 2.7% – 2.9%; we have not seen a rise in long-term rates. The long-term rates have been down in the 4% range. Why would you take out short-term market for 2.8% when you can take out long term fixed financing for the next fifteen years at approximately 3.75%. Mike Neumeister suggested staying in Notes for certain projects that are grant dependent, projects that will ultimately be paid back with grant money.

The proceeds of the Notes in the amount of $2,453,000 will be used to redeem outstanding bond anticipation notes, and $2,173,000 in new money will be used for various projects such as Sewer District #9 construction, land acquisition, arboretum improvements, Town Park sewer, Town Hall and Library sewer improvements, bike path and improvement to Rails to Trails Program and acquisition/installation of generators.

A portion of the proceeds from the sale of the Bonds in the amount of $2,487,000 will be used to redeem bond anticipation notes currently outstanding. The balance of the proceeds of the Bonds will be used to provide new money in the amount of $1,170,000. The purposes to be funded with proceeds from the sale of the Bonds are land acquisition for preservation of open space, preparation of maps for town planning purposes, highway equipment, parks equipment and construction of bike paths.

Bids will be received on July 26 with the closing on August 3, 2005. Clarence has an Aa3 rating, one of the three highest rated communities in WNY.

Supervisor Hallock introduced Kim Karcher. Kim is the new editor for the Clarence Bee.

Director of Community Development James Callahan

Public Hearings:

Public Hearing @ 7:45 P.M. - Charles Reid 6695 Transit Road – to consider a Special Exception Use Permit to allow for light manufacturing and outside storage for a fence business. The Planning Board has forwarded recommendations for the Change in Use to convert the existing home to a fence business. The applicant is also constructing a pole barn to the rear of the property with parking. Because this business will require on site assembly of specialty fencing in the pole barn and an outside display area, it will require a Special Exception Use Permit.

Public Hearing @ 7:50 P.M. – People Incorporated 4725 Transit Road – to consider a Special Exception Use Permit for a multi-family residential use in the Commercial Zone. The Planning Board has forwarded a recommendation. A variance has been granted to allow for the reduced unit size as well as increased density of 50 units.

Public Hearing @ 7:55 P.M. – to consider the purchase of Development Rights of approximately 86.63 acres of vacant land located at 9270 Lapp Road.

Formal Agenda Items:

William Burkard 7054 Salt Road – applicant requests a fill permit in advance of future residential lot split/development. The Town Engineer has forwarded a recommendation with conditions.

Dan Palumbo 8346 Lapp Road – applicant is proposing to construct a pond to utilize the spoils to create a pad for a new home in the density flood zone.

Walgreen’s 6785 Transit Road – requests a Public Hearing for a Special Exception Use Permit for a 10,000+ square foot drug store in the Traditional Neighborhood District.

Silvestri Architects 4987 Transit Road – applicant is proposing a façade upgrade and small addition to existing McDonalds Restaurant.

Milherst Construction Co. – applicant requests a Clearing Permit to undertake an archeological study for Spaulding Greens/Hidden Pond Subdivision on Goodrich Road north of Roll Road. Applicant began clearing property, the neighbors complained about the noise and destruction of habitat.

Mike Adolf – 9404 Lapp Road – applicant requests a pond permit. All setbacks are per code. The Town Engineer has reviewed and approved the submitted plans. No spoils are to be removed without a permit.

Highland Park Subdivision – applicant requests Final Plat approval and road dedication for approximately 840 lineal feet of Field Brook Drive to accommodate a 16-lot residential subdivision. All regulatory agency and departmental approvals are in order. Subject to the Town Attorney reviewing and approving the documents for dedication of roads and public drainage easements.

Work Session Items:

Harris Hill Animal Hospital 8470 Main Street – applicant requests Development Plan and Architectural Approval for construction of a new 4,500 square foot facility. The Town Board on 3/9/05 issued a Negative Declaration under SEQRA. The ZBA granted a variance to allow parking in the front yard in the Traditional Neighborhood District on 4/12/05. Concept approval was granted on 5/4/05. The Planning Board has forwarded a recommendation on the Development Plan with conditions.

Angelo Natale 5795 Thompson Road – Emerald Lake Estates – applicant is seeking to develop a 4-lot Open Development on 10.88 acres of vacant land in the Residential Zone. The proposed site is located on the east side of Thompson Road between Roll Road and Clarence Center Road. The property is located within Clarence Sewer District #2. A Negative Declaration under SEQRA was issued on 6/23/04. Concept Approval was granted on 8/11/04. The Planning Board has forwarded a recommendation on Development Plan approval with conditions.

Lou Visone 4720 Goodrich Road – applicant requests Development Plan Approval for a 4-lot Open Development. The proposed site is located on the west side of Goodrich Road, north of Main Street on an existing vacant parcel with 70 feet of frontage and 29.41 acres zoned Agriculture. Applicant is seeking to split the existing property and create an 8-acre parcel for development into a 4-lot Open Development area. The proposed project meets all requirements of the Open Development section of the Subdivision Law. A Negative Declaration under SEQRA was issued on 9/22/04. Concept approval was granted on 9/29/04. The Planning Board has forwarded a recommendation on Development Plan approval with conditions.

Kathy DeRose 5131 Kraus Road – applicant requests Development Plan Approval for development of a 4-lot Open Development. The proposed site is located on the east side of Kraus Road, south of Greiner Road on existing residentially zoned property consisting of approximately 26 acres off an existing private drive. A Negative Declaration under SEQRA was issued on 4/27/05. Concept approval was granted on 5/25/05. The Planning Board has forwarded a recommendation on the Development Plans with conditions.

Ralph Camillo – Ange’s Autos 8790 Main Street – existing single-family residential property with former Temporary Conditional Permit to allow an automotive sales operation without display. The Town Board did not renew the application in 2005 based upon a history of violations of the conditions established on the original Temporary Conditional Permit. The applicant would like the Town Board to reconsider the recent action and grant a Temporary Conditional Permit to allow automotive sales at this location. Mr. Camillo stated that there was a misunderstanding, he was of the understanding that he could display cars just not sell them. Usually, vehicles are brought in cleaned, checked and then sold. No car is there for more than a day. There may be six cars on site at one time; two or three of them belong to family members. Councilman McPherson stated that the original approval was for an office only, there were to be no cars on site except his personal vehicle. No cars were to be displayed or sold from this site. Mr. Camillo has been sited numerous times for violating his Temporary Conditional Permit and that is why it was not renewed this year. Town Attorney Bengart asked Mr. Camillo if he understood that this building was for office use only. Mr. Camillo stated that he understood however, it would make things more difficult for him. Mr. Camillo asked if he needed a permit to put a turn-around in his driveway, it was determined that he did not need a permit as long as it did not interfere with the curb cut. Councilman McPherson suggested that prior to the next Town Board meeting, Mr. Camillo submit a plan as to how he is going to comply with the rules that he has constantly violated.

Supervisor Kathleen Hallock

Supervisor Hallock has a request from the Assessor’s office for a transfer of funds from Contingency to Personal Services.

Supervisor Hallock will announce the resolution that was passed at the June 30, 2005 morning Work Session regarding the Peanut Line Rails to Trails Project.

Supervisor Hallock will appoint two people to the part time clerk position.

There will be a joint Town Board/School Board meeting August 22, 2005.

Faye Kuntar is requesting a block party at 5265 Mallard Roost on August 20, 2005.

Supervisor Hallock will announce a resignation on the Ethics Committee and therefore an opening on the Board. Applications will be accepted until August 15, 2005.

Supervisor Hallock attended the June 23, 2005 Association of Town’s meeting. Michael Mahaney, Director and Chairperson of the Board of Directors for Buffalo and Erie County Libraries spoke and wanted Town Supervisors to be alerted to the fact that they expect further cuts in their budget next year. Their message was to have Town Board’s work more closely with Library Board’s on creative funding. Clarence Director Roseanne Butler Smith met with Supervisor Hallock and asked that the Town pay for the alarm system and fire extinguisher maintenance at a cost of $550 per year. The library pays the insurance for the contents of the building.

Cell phones will be purchased for the Youth Director and Deputy Security Officer.

Upon recommendations of the Capital Improvement committee, a RFP was sent out to update our Capital Improvement Program.

Supervisor Hallock received a letter from Sandra Lee Wirth asking the Town Board to pass a resolution regarding civil confinement for sex offenders.

Supervisor Hallock received a letter from a representative from Wilson Greatbatch seeking Town Board approval to provide an educational presentation on wildlife rehabilitation and environment at the Greatbtch picnic. This is been done in the past.

A Refuse District meeting is scheduled for July 14, 2005 at 8:00 A.M.

Sandra Lee Wirth has secured a $10,000 grant for the purchase of two John Deer gators for use on the bike path. The Town received $2,000 from Wal-Mart; those funds will be used also if needed.

Jeff Wilson from Harris Hill VFC will give Supervisor Hallock a tour of the new fire hall on Friday at 11:00 A.M. The invitation is extended to anyone else interested.

On June 28, 2005 the Town Board met with Brad Guay from the Army Corps of Engineers. He hopes to have a report by the end of September.

Supervisor Hallock has a resolution retaining the firm of Kasprzak and Klotzbach to provide architectural services for barrier free improvements to the Historical Museum entrance and the Gerber Library.

Supervisor Hallock has a resolution retaining Foit-Albert Associates to prepare schematic design, design development and design development review for the roof at the Town Park Clubhouse.

Councilman Ian McPherson

Councilman McPherson has a resolution regarding thruway toll increases. Verbiage was added to include “that any relocations of existing toll barriers to be done only with seamless, high-speed EZ Pass and similar technology in place.”

Councilman Scott Bylewski

Councilman Bylewski has received several emergency service reports.

Councilman Bylewski will announce that today was the last day to submit applications for the Youth Center Board of Directors.

Councilman Bylewski has one item for Executive Session under Section 105 (1) F of the Open Meetings Law to discuss the financial history of corporations.

Councilman Bylewski handed out two resolutions, one pertains to telephone companies trying to establish cable television services and trying to get around the Public Service Commission. The other resolution pertains to community preservation. It is a proposed state law that would allow for funding of open space that would occur as a fee or tax upon the sale of a property.

Councilman Joseph Weiss

Councilman Weiss wants to publicly thank all those involved with Day in the Park. The event was a huge success and plans are under way to make it bigger and better next year.

A bid date will be set for the sale of surplus vehicles.

Councilman Weiss has a Resolution regarding a design bid for emergency generators.

Councilman Weiss met with Ted Donner, Tim Pazda and Al Festaiuti to discuss increasing the salability of mulch.

Councilman Weiss attended a Conservation Meeting in which Wendy Salvati (liaison for the Planning Board) expressed her desire to be more involved with the development process. Councilman McPherson stated that this would require more submission of information and could hold up any projects.

Chief Security Officer Joe Meacham is requesting the appointment of Ron Klein to the position of security officer.

Councilman Weiss will appoint Al Festaiuti to the Conservation Committee at the next Town Board meeting.

Town Engineer Joseph Latona said that the fencing would be installed at the Ransom Road Bridge next week. Mr. Latona has a concern regarding the fencing on the east end of the bridge at Sawmill Road. The fencing will be six foot high at its terminus however it will be wide open to traffic. If someone were to come out of Valley Inn at night and make a wrong turn, they will head toward the bridge along the bike path. Mr. Latona is recommending a bollard be placed right in the middle of the fencing in the bike path, however, that would prohibit security/emergency vehicles. You can get to the bike path from the west end through the park where it is gated. The bridge itself will be closed in the winter months but during the interim, Mr. Latona is suggesting something be done. Supervisor Hallock suggested Town Engineer Latona contact the pedestrian coordinator for the NYS DOT to see if they have any ideas.

Councilman Bernie Kolber

Councilman Kolber thanked all those involved with Day in the Park. He had family in from out of state and they commented on the beautiful fireworks.

Councilman Kolber spoke to Mary Lou Rath office regarding the condominium law, he is waiting more information from the Association of Towns.

Councilman Kolber has applications for an opening on the Zoning Board of Appeals. Interview dates will be scheduled.

Councilman Kolber acknowledge a potential zoning violation by Musso Plumbing. Their sign indicates auto, truck and heavy equipment repair facility.

Hayes Fish Market has outside dining and has not obtained the proper permit. Director of Community Development James Callahan said that the owner has been notified however; they are considering expanding their parking lot and will apply for both permits at one time.

Councilman Kolber stated that we put out a RFP for 5000 yards of stockpiled topsoil, he is suggesting the Town keep the topsoil in reserve. For $10,000 the Town could purchase a screen and have the topsoil at our disposal as needed. Councilman Kolber asked that Director of Administration and Finance Pam Smith research the dollar amount the Town spends on topsoil per year.

Councilman Weiss stated that the town spends approximately $1,500 - $1,800. per year for topsoil. It would not be cost effective to purchase a screen plus man-hours and equipment.

Town Engineer Latona stated that we received two bids for the stockpile of topsoil at Memorial Park. The highest bid was $3.00 per cubic yard for a total of $17,100. which could be used toward fencing at Memorial Park. Town Engineer Latona will hold the bids until the next Town Board meeting.

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 financial history of particular corporations and pending litigation regarding Meteor Enterprises LLC and Pineledge Holding Corporation vs. Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

Darcy A. Snyder
Deputy Town Clerk

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


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

Supervisor Kathleen Hallock called the meeting to order at 7:33 P.M. Councilman Ian McPherson led in the pledge to the flag, followed by a prayer read by Supervisor Hallock.

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

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held June 22, 2005 as received. 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 June 30, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the following transfer of funds in the amount of $4,000 from A 1990 Contingency to A 1355.1 Personal Services. On the question, Supervisor Hallock said the transfer is for the Assessor’s Office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint Lynn Minter and Brandy Hamill as Clerks part-time at the budgeted rate of pay. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to grant permission for a Block Party to be held August 20, 2005 from 4-11 pm at 5265 Mallard Roost. On the question, Supervisor Hallock said her office will notify all of the proper authorities. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to accept, with regret, the resignation of Hugh Neil from the Ethics Board. On the question, Supervisor Hallock said Mr. Neil’s letter stated that he found the professionalism practiced by the members to be a sincere example of community pride and dedication. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said applications will be accepted for the vacant position on the Ethics Board through August 15, 2005. This position must be filled by anyone who is not affiliated as a Republican.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to authorize Kasprzak and Klotzbach to provide architectural services for barrier free improvements to the Historical Museum entrance and the Gerber Library in accordance with their proposal dated June 8, 2005 at a fee of $4,000 to be paid from the Community Development Fund. On the question, Supervisor Hallock said we received a grant for these improvements last year. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to retain Foit-Albert Associates to prepare schematic design, design development and design development review for the roof at the Town Park Clubhouse at a fee of $6,000 to be paid from A1440.434 Professional Services. On the question, Supervisor Hallock said the project includes flashing and gutters. This project is part of the Capital Improvement Program. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock congratulated Councilman Weiss as liaison to Day In the Park. He assembled a wonderful group of volunteers. The Chairman Chuck Eckert deserves a special thanks and acknowledgement for seeing that everything went smoothly. Councilman Weiss said it was a great turn out and a lot of fun for everyone.

Supervisor Hallock announced that at the June 30th work session, a resolution was passed regarding the Peanut Line Rails to Trails Project. The resolution authorized the Town of Clarence to pay 100% of the Federal and Non-Federal shares of design and construction costs and authorizes the Supervisor to execute all necessary documents.

Supervisor Hallock announced that the Bicentennial Committee has set up a website with an address of www.clarencebicentennial.com. She thanked those who worked on it, especially Jeff Feinen.

Councilman McPherson said the Erie County Legislature passed a resolution on May 5, 2005 opposing the increase in the Thruway tolls and also calling for the removal of the toll booths at several locations, including Grand Island, Black Rock, Breckenridge, Williamsville, Depew, Lackawanna, Blasdell and Hamburg. The resolution was further individualized by the Town of Hamburg. He would like to add another resolved, that any relocations of existing toll barriers to be done only with seamless, high-speed E-Z Pass and similar technology in place. That would preclude the relocation of the Williamsville toll barrier and bringing it out to Clarence with their problems. The technology is there for a seamless and high-speed toll collection. He does feel any of the toll barriers should be moved without that technology in place.
       Motion by Councilman McPherson, seconded by Supervisor Hallock to adopt the following resolution:
       WHEREAS, at 641 miles, the Governor Thomas E. Dewey Thruway is the longest toll highway system in the United States, and
       WHEREAS, the New York State Thruway Authority (NYSTA) is a public benefit corporation under the State of New York, whose three commissioners are appointed by the Governor, and
       WHEREAS, under the original concept establishing NYSTA in 1950, once the original 40-year bonds for the construction of the Thruway were paid-off in 1996, the tolls across the Thruway system were intended to be eliminated, and
       WHEREAS, since that time, the NYSTA and Governor Pataki have consistently refused to eliminate the tolls or to consider alternatives to the tolls, particularly for local residents and commuters who regularly or daily utilize the Thruway (Interstate 90 or Interstate 190), and
       WHEREAS, in the immediate Buffalo area, the NYSTA maintains toll barriers at the North Grand Island Bridge, South Grand Island Bridge, Black Rock, Breckenridge/Buffalo City Line, Williamsville, Depew, Lackawanna, Blasdell, and Hamburg, and
       WHEREAS, toll barriers have been likened to “commuter taxes” on persons or businesses traversing New York State for work or pleasure, and
       WHEREAS, in early 2004, NYS Department of Transportation Commissioner Joseph Boardman suggested, in his testimony before a NYS Legislature fiscal panel, that the Department is examining the imposition of additional tolls on roads and highways in major trade corridors to offset losses in road funding dollars from the Federal government, and
       WHEREAS, continued and additional tolls on other roads or highways in Erie County will only succeed in hurting the people and businesses in this area, further hampering any future economic development and adding to traffic congestion and delay in this area, and
       WHEREAS, in recent years, many public officials, advocacy groups and taxpayers have forcefully and clearly expressed their opposition to, and desire that the toll barriers coming into the Buffalo area should be eliminated and/or relocated, and
       WHEREAS, business and consumer groups alike oppose the tolls, with the Chair of Buffalo Place recently pointing out that Buffalo is the only city or metropolitan area in Upstate New York “where you need to pay tolls to access downtown,” and
       WHEREAS, the Town Board of the Town of Clarence would like to state for the public record its opposition to continued tolls at Ogden, Breckenridge, North and South Grand Island Bridges, Williamsville, Depew, Lackawanna, Blasdell and Hamburg, and
       WHEREAS, passenger cars pay $0.50 each time to pass through the North Grand Island Bridge, South Grand Island Bridge, Black Rock and Breckenridge/Buffalo City Line toll barriers, and pay $0.15 to travel between the Williamsville and Depew barriers, $0.15 to travel between the Lackawanna and Blasdell barriers, and $0.25 to travel between the Lackawanna and Hamburg barriers, and
       WHEREAS, for daily commuters and local residents these costs are considerable and unduly burdensome, and
       WHEREAS, in partial response, the NYSTA offers special discount plans for Grand Island commuters and Grand Island residents allowing them to pay $0.13 per trip (commuters) through the North and South Grand Island Bridges (as opposed to $0.50 per trip) and allowing Grand Island residents to pay $0.09 per trip, and
       WHEREAS, no other special discount plan is offered to local residents and commuters for the Black Rock Breckenridge/Buffalo City Line, Williamsville, Depew, Lackawanna, Blasdell and Hamburg toll barriers, and
       WHEREAS, NYSTA and E-Z Pass allow discount plans for commuters and residents who use the Thruway in the New York City region, but offer no such discounts in Western New York,
       NOW, THEREFORE BE IT
       RESOLVED, that the Town Board of the Town of Clarence does hereby express its opposition to the imposition of additional, higher tolls on roads and highways in New York State, and in particular, Western New York, and be it further
       RESOLVED, that the Town Board of the Town of Clarence does hereby reiterate its opposition to the continued use of toll barriers located at Ogden, Breckenridge, North and South Grand Island Bridges, Williamsville, Depew, Lackawanna, Blasdell and Hamburg, and be it further
       RESOLVED, that the Town Board of the Town of Clarence calls on the New York State Legislature and the Governor to use their statutory powers to compel the New York State Thruway Authority (NYSTA) to eliminate tolls and toll barriers on Interstate 190 – the North and South Grand Island Bridges and the Black Rock and Breckenridge/Buffalo City Line toll barriers, and the toll barriers at Williamsville, Depew, Lackawanna, Blasdell and Hamburg, and be it further
       RESOLVED, that in the meantime, and in the likelihood that NYSTA will not remove those tolls, this Honorable Body calls on the New York State Legislature and Governor to compel NYSTA to provide a commuter/resident discount plan for local residents who daily use the Thruway and travel through the Black Rock, Breckenridge/Buffalo City Line, Williamsville, Depew, Lackawanna, Blasdell and Hamburg toll barriers, to allow those residents and commuters similar options to those residents/commuters who enjoy and participate in the Thruway Grand Island resident or commuter discount plans, and be it further,
       RESOLVED, that any relocations of existing toll barriers to be done only with seamless, high-speed E-Z Pass and similar technology in place, and be it further
       RESOLVED, that certified copies of this resolution be transmitted to the Governor, local delegation of the New York State Legislature, John Buono, Chairman of the NYSTA (200 Southern Boulevard, P.O. Box 189, Albany, NY 12201-0189), Hal Morse, Executive Director of the Greater Buffalo Niagara Regional Transportation Council (438 Main St., Suite 503, Buffalo, NY 14202), Erie County Clerk David Swarts, and to the Supervisor or Mayor of every town, city and village in Erie County.
       Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Central Fire Alarm June 2005 Operations Report. Town of Clarence fire companies responded to the following: Structure Fires – 3; Miscellaneous Fires – 11; False Alarms – 1; EMS Calls – 116; Motor Vehicle Accidents – 17; and Miscellaneous Calls – 32 for a total of 180 alarms.
       Councilman Bylewski also received the Central Fire Alarm Semiannual 2005 Operations Report. Town of Clarence fire companies responded to the following: Structure Fires – 19; Motor Vehicle Fires – 3; Miscellaneous Fires – 48; False Alarms – 2; EMS Calls – 566; Motor Vehicle Accidents – 81; and Miscellaneous Calls – 192 for a total of 911 alarms.

Councilman Bylewski referred to James Callahan for the 30th moratorium report.
       James Callahan reported the following:
       Subdivision Law – Draft 4 is under review by the Planning Board and will be on the July 20th Planning Board Agenda and a special meeting on July 28th.
       Adequate Public Facilities Law & Changes to the Master Plan have been referred to the Municipal Review Committee for review of SEQR compliance.
       Parks & Recreation Master Plan – Draft is being reviewed by the Recreation Advisory Committee. A copy is available in the Planning & Zoning Office.
       Tree Law & Landscape Law – Drafts being prepared by the Planning & Zoning Office.

Motion by Councilman Weiss, seconded by Councilman Kolber to declare the following vehicle as surplus equipment from the Highway Department: H-3 – 2002 Chevrolet 4-Wheel Drive Pickup Truck, serial #1GCEK14V42Z311277. This truck was damaged in an accident and is beyond repair. Upon roll call – Ayes: All; Noes: None. Motion carried.
       Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of July 27, 2005 at 10:00 A.M. for the sale of H-3 – 2002 Chevrolet 4-Wheel Drive Pickup Truck. The truck is available at the Highway Department for viewing Monday through Friday 7:00 A.M. to 3:00 P.M. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to appoint Ronald Kline to the position of Security Officer PT on the condition of completion of required paperwork. Mr. Kline meets the requirements and has extensive background in security and law enforcement. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to retain IBC Engineering, P.C. to provide contract documents and services during construction for the Building/Engineering and Highway Department’s emergency power in accordance with their proposal dated June 21, 2005 for a fee of $10,000 to be paid from the Capital Projects Fund. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he would like to thank Chuck Eckert for the many hours he put in for the Day in the Park event. We do not have the final figures yet, but believe that $30,000 to $40,000 was raised by the organizations. We hope to have more organizations involved next year. Meetings will be held every month to prepare for next year.

Councilman Weiss said a meeting was held with Highway Supt. Ted Donner, Tim Pazda and Al Festaiuti to consider other methods of dealing with our mulch. He will give updates as they go along.

Councilman Kolber said the Day in the Park event turned out great and Chuck Eckert did a phenomenal job. He also thanked all of the groups that were involved.

Councilman Kolber said that according to a law in New York State, condominium owners receive a heavy property tax discount, which becomes subsidized by every other property owner in the town. They can buy a $500,000 condominium or change their status to condominium and receive this tax break. This is happening in Amherst with significant affects to the taxes. The Association of Assessors proposes to end this tax break. State Senator Rath is being pressured by the condominium associations. Councilman Kolber is trying to get people to write to or call Senator Rath to let her know that they are opposed to this exemption.

Councilman Weiss said he will appoint Al Festaiuti to the Conservation Committee at the next meeting.

A Public Hearing was held to consider a Special Exception Use Permit to allow for light manufacturing and outside storage for fence business at 6695 Transit Road. James Callahan said the location is the east side of Transit Rd., south of County Rd. consisting of 3.3 acres in the Major Arterial Zone with an existing single-family home. The Planning Board has forwarded a recommendation.
       Charles Reid said he would like to place a pole barn about 180 ft. from the street to store materials and manufacture the fences. He would also like to have storage outside behind a white picket fence. Supervisor Hallock asked if he was aware of and in agreement with the conditions recommended by the Planning Board. Mr. Reid said he was.
       With no one speaking to the subject, motion was made by Councilman Bylewski, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
       Resolved, that after a public hearing duly held on July 13, 2005, and after all interested parties being heard, the Clarence Town Board grants a Special Exception Use Permit to the applicant, Charles Reid, for the conversion of an existing home to a retail fence store and office and approves the construction of a pole barn to be utilized for light manufacturing of specialty fences and for the storage and display of fencing on the site at 6695 Transit Road subject to the following conditions: 1. Subject to commercial open space fees for the new structure. 2. No display in the front of the principal building. 3. Display area must meet required side yard setbacks. 4. Retail fence business to occupy building by October 31, 2005.
       On the question, Councilman Bylewski said the existing home will be utilized for the business; therefore, it complies with our Zoning Law. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Special Exception Use Permit for a multi-family residential use in the Commercial Zone at 4725 Transit Road. James Callahan said the location is the east side of the access road to the Eastern Hills Mall off of Sheridan Drive consisting of approximately 4.12 acres currently vacant. A Negative Declaration was issued on the project on 5/25/05. The Zoning Board of Appeals granted a variance to allow for the higher density as designed and for a smaller unit size as proposed. The Planning Board has forwarded a recommendation with conditions.
       Rhonda Frederick, People, Inc. and Patricia Bittar, Wm. Schutt & Associates were present.
       Speaking to the subject:
       David Folger, Assessor said the only problem he has is with the Transit Road address. It would be difficult to find it that way. He feels it would be better if the access road to the mall could be named something.
       Councilman Kolber asked how much of the site would remain greenspace? There will be approximately 2.8 acres that will remain greenspace.
       Supervisor Hallock said she attended an event for People, Inc. and she was happy to see all of the support they had from our local elected officials.
       Councilman Bylewski said People, Inc. helps a variety of people with important issues and their efforts should be applauded.
       Councilman Kolber said he has traffic concerns and the fact that it is next to big parking lots. Rhonda Frederick said many of their facilities are placed in heavy traffic areas and she does not believe that it will be a problem.
       With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
       Supervisor Hallock asked if they are aware and in agreement with the conditions and Rhonda Frederick said yes.
       Councilman Bylewski said given the concerns regarding the address, should we include something in the resolution. James Callahan said he will talk to the owners of the Eastern Hills Mall to see if they want to name it something. The other thing is if the Eastern Hills corridor goes through it could become a public road.
       Motion by Councilman Bylewski, seconded by Councilman Weiss To adopt the following resolution:
       Resolved, that after a public hearing duly held on July 13, 2005, and after all interested parties being heard, the Clarence Town Board grants to a Special Exception Use Permit to the applicant, People Inc., for the construction of a H.U.D. funded 50-unit housing project located in a Commercial Zone at 4725 Transit Road, subject to the following conditions: 1. Subject to open space fees. 2. Unused portion of the property to remain in a natural state. 3. A sidewalk to extend to the southern most property line per submitted design. 4. Per fire advisory, installation of a fire hydrant on the mall access road in front of the proposed building. 5. Per submitted design, a 20’ wide road on the east side of the proposed building. 6. Subject to an approved Landscape plan. 7. Per revised plan, two access points to the mall access road and parking for 37 vehicles with 13 banked for future use, if needed – banked are to remain open. 8. Address change as approved by Assessor.
       Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the purchase of Development Rights of approximately 86.63 acres of vacant land located at 9270 Lapp Road at a purchase price not to exceed $600,000.
       Amy Holt, WNY Land Conservancy said the Town received grants from the USDA Federal Farmland and Protection Program and the NYS Agriculture & Markets Farmland Protection Program for approximately half of this project. The Town of Clarence was the only town in Western New York State to receive Federal farmland dollars and only one of two towns to receive the State funding from these very competitive grants.
       The criterion is to protect viable agricultural land in the State. They look at soil qualities, quality of the business on the property right now and development pressure. There are conservation easements placed on the properties to restrict development, but allows for agricultural uses. If at some time in the future, the agriculture is not viable on the property, it still has to be left open for agriculture. They are looking at the farms that are good businesses.
       Ms. Holt said the conservation easements are held by the Town and in conjunction with the WNY Land Conservancy, who will share in monitoring the land. The Town of Clarence has applied in the past and did not receive funding. Once the Green Print Project was in place and the State and Federal governments saw that the Town was embarking on a larger project, it bumped up our ranking. They want to see large areas of land protected.
       Councilman McPherson asked what the land was being used for now. James Callahan said the whole site is just over 100 acres with the home site taken out. A good portion of the part to be preserved is used for crop production. It is wooded to the rear and a portion is in the floodplain.
       Supervisor Hallock said it is ranked higher when it is next to federally protected wetlands as it capitalizes on the land next to it.
       Councilman Weiss asked about chemical uses on the land. Ms. Holt said the easement would not restrict pesticide or any other normal agricultural uses. The Federal and State programs also look to see if the farms have conservation plans in place.
       David Folger, Assessor said it is nice to get grant money. His biggest problem with the valuation is that there is nothing out there that sells for $9,000 an acre. The appraiser compared parcels on Greiner Road in a developing area where the sewers are going to come into. He submitted a letter to the Town Board regarding his concerns. He believes it would be decades before anything went out there. He thinks that if we pay $7,000 an acre, the other farmers in the area will want to sell the developmental rights to their property.
       James Callahan said we have applied to the State and Federal programs for the neighboring farms and were not successful. He believes that adoption of the program has helped in being successful. Amy Holt said this property was one of the top five in ranking.
       Councilman Bylewski said appraising is not an exact science and he does not think we will ever get the exact figure. We have purchased five different properties and the prices per acre have varied from $1,966 to $25,740 per acre. A few years ago he asked the Assessor to give him an idea generally speaking of a price per acre. It is relative to location. They told him that in the north floodplain area, it was about $20,000 per acre and south of Wolcott Road and to the east was about $40,000 per acre. The Governor has started legislation where funds would be provided upon the sale of property under the real estate transfer fee to be used by local municipalities toward the preservation of greenspace.
       Town Attorney Steven Bengart said that when using the bond funds, it requires that the property remain in its present status. They cannot change the use of the property in the future.
       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.

Supervisor Hallock said she was glad Mr. Folger submitted his comments in time for the Recreation Advisory Committee meeting. They discussed his issue, but still endorsed the purchase. We do have a problem with appraisals. Vacant land is the most difficult.
       Councilman Kolber asked what the timeframe for the grant was if we did not move on this and got another appraisal done. Supervisor Hallock said the Federal grant has a deadline and is site specific. We have changed appraisers on the recommendation of the Assessor. It is difficult to get appraisers for vacant land. Town Attorney Bengart said we are exploring others. Councilman Kolber is concerned that we could inflate property values going forward.
       Councilman McPherson said this program was voted on by the residents of the Town for strategic acquisitions. He does not think that property out on Lapp Road, half of which is in the floodplain is a strategic property worth $600,000.
       Town Attorney Steven Bengart said we actually negotiated less than what the appraised value came in. There was a great deal of work put into this with months of negotiating a price. Councilman Bylewski added that properties are ranked based on criteria set by the Town. Amy Holt said it ranked high in the category of agricultural land. They categorize the different types of land for grant purposes.
       Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
       Be It Resolved, that after a public hearing duly held on July 13, 2005, and after all interested parties being heard, the Town Board authorizes the purchase of the development rights of a parcel of vacant land approximately 86.63+/- acres located at 9270 Lapp Road in the Town of Clarence, Erie County, NY at a purchase price not to exceed $600,000, plus any closing costs and disbursements, and subject to the terms and conditions of the conditional contract and Town Attorney approval. Funds will be allocated as follows: $300,000 from the Open Space Bond Resolution, $150,000 from the New York State Department of Agriculture and Markets - Agricultural and Farmland Protection Implementation Grant and $150,000 from the U. S. Department of Agriculture- Federal Farmland Protection Program.
       Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to table the request by William Burkard for a Fill Permit in advance of a single-family home development at 7054 Salt Road until the applicant arrives. Upon roll call – Ayes: All; Noes: None. Motion carried.

Dan Palumbo requests a Pond Permit at 8346 Lapp Road. James Callahan said the property is on the north side of Lapp Road consisting of approximately 9+ acres in the Agricultural Zone. The applicant has purchased adjoining property to provide minimum setback requirement to meet the Excavation Law.
       Dan Palumbo said this property is in the Flood Zone and he has to build a pad for a home for his daughter. It will cost less to use the spoils from the pond. They will then have the pond for aesthetics.
       Motion by Councilman Bylewski, seconded by Councilman McPherson to grant a Pond Permit to Dan Palumbo at 8346 Lapp Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to set a Public Hearing for August 10, 2005 at 7:45 P.M. to consider a Special Exception Use Permit for Walgreen’s to construct a 10,000 sq. ft. drug store with a drive thru at 6785 Transit Road.
       On the question, Councilman Bylewski said this request is for the size of the building and the drive thru. There is a SEQR issue and we hope it will be worked out so that we are in compliance.
       Councilman Kolber said he had thought that a patient of his had an interest in this project, but found out he does not.
       Upon roll call – Ayes: All; Noes: None. Motion carried.

Silvestri Architects requests a Building Permit and Architectural Approval for McDonalds Restaurant upgrade at 4987 Transit Road. James Callahan said the property is on east side of Transit Road, north of Sheridan Drive consisting of 1.09 acres in the Major Arterial Zone. The applicant is proposing a façade upgrade and small addition.
       Adam Schrock, Silvestri Architects said they are proposing a 625 sq. ft. dining room addition. They will make access improvements to the site. McDonalds is remodeling several restaurants in the area. They are looking to make this location more upscale, similar to a coffee house look.
       Motion by Councilman McPherson, seconded by Councilman Bylewski to grant a Building Permit and Architectural Approval for McDonalds Restaurant upgrade at 4987 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Milherst Construction Co. requests a Clearing Permit to undertake an archeological study for Spaulding Greens/Hidden Pond Subdivision on Goodrich Rd., north of Roll Rd. James Callahan said this is an extension of the Hidden Pond Subdivision consisting of approximately 36 acres in the Residential Zone.
       Nick Piestrak said the archeological study is a State requirement. They are not taking out any trees that are bigger than 3 inches. The University of Buffalo Archeological Department performs the study.
       Supervisor Hallock said the question came up of what the plan is. Nick Piestrak said there is no plan set for the overall site. Councilman Kolber said the concern is that if the whole site is cleared, there will not be anything to use later for buffering purposes. Mr. Piestrak said for the most part they will just remove brush. It is a very limited area that will be brush-hogged. Supervisor Hallock asked if they own the land now and he said yes. She said they were looking for a plan of what will go on for the archeological study. Councilman Weiss said he would like to see the narrative to go along with the map.
       Mr. Piestrak said there is not much area that is bordering neighbors. Supervisor Hallock said they are not looking to hold them up, but would like this plan accompanied by a narrative. Mr. Piestrak said they could do that.
       Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant a Clearing Permit to undertake an archeological study for Spaulding Greens/Hidden Pond Subdivision on Goodrich Rd., north of Roll Rd. upon review and approval by the Planning Department of the narrative to the archeological study plan. Upon roll call – Ayes: All; Noes: None. Motion carried.

Mike Adolf requests a Pond Permit at 9404 Lapp Road. James Callahan said the location is the north side of Lapp Road, west of Goodrich Road consisting of approximately 11.3 acres in the Agricultural-Rural Residential Zone.
       Mike Adolf said he would like to put a pond in for recreational use and fill for his property.
       Supervisor Hallock said the Town Engineer has reviewed the submitted plans. No spoils are to be removed without a permit.
       Motion by Councilman Bylewski, seconded by Councilman Weiss to grant approval a Pond Permit at 9404 Lapp Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Highland Park Subdivision requests Final Plat Approval and road dedication of approximately 840 lineal feet of Field Brook Drive to accommodate a 16-lot residential subdivision. James Callahan said this is an easterly extension of Field Brook Drive to approximately 14.5 acres in the Residential Zone. Development Plan Approval was granted April 27, 2005 and a variance was granted on April 12, 2005 to allow reduced lot sizes.
       Jeff Palumbo representing the applicant was present. Councilman Bylewski said neighboring residents were interested in purchasing some land for buffering. Mr. Palumbo said they are still working on it. Town Attorney Steven Bengart said he received documents today from counsel. Councilman Kolber thanked him for working with the neighbors to come to a mutually beneficial resolution.
       Motion by Councilman Kolber, seconded by Supervisor Hallock to adopt the following resolution:
       Resolved, the Clarence Town Board grants Final Plat Approval and Road Dedication for approximately 840 lineal feet of Field Brook Drive to accommodate a 16-lot residential subdivision subject to the following conditions: 1. Subject to Recreation and Open Space Fees. 2. Subject to Town Attorney review and approval of all documents required for the road dedication. 3. Subject to Town Attorney review and approval of all documents required for public drainage. 4. No permits will be issued until conditions number 2 and 3 have been met.
       Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman McPherson to agree to pay the Annual Fire Hydrant Maintenance Fee to the Erie County Water Authority for all fire hydrants within Highland Park Subdivision. On the question, Councilman Weiss said the Town Board has the ability to dedicate roads designating what the developer pays for and what the Town pays for. He would be against dedication of a road for a project of this size. He believes that in the future the developers should be paying for the roads. Councilman Bylewski asked how many hydrants there are and what will the cost be. Town Engineer Latona said we know what the maintenance fee is and we do have a town-wide count of the hydrants. He does not have those figures with him. Councilman Kolber said we are looking to pay the standard fee. Councilman Bylewski said the maintenance fees paid to Erie County Water Authority is an item of concern. The fees are different from what Amherst pays. Supervisor Hallock said we budgeted $402,000 for hydrant fees for 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to table item14, the request by William Burkard for a Fill Permit in advance of a single-family home development at 7054 Salt Road until it can be rescheduled. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Boy Scout Troop 27 – July 23, 2005; B. Clarence Travel Soccer – Sept. 17, 2005; C. SEPTSA – Sept. 17, 2005; D. Clarence Little League Football Assoc. – April 22 & May 6, 2006; E. Girl Scout Troop 973 – Nov. 12, 2005 and 4th Wednesday each month 2006; F. Girl Scout Troop 886 – 3rd Tuesday each month 2006; G. Garden Friends of Clarence – 2nd Wednesday each month 2006. Legion Hall Applications – A. Adam Trigilio – July 22, 2005; B. Robert & Susan Heiss – Oct. 1, 2005; C. Father/Child Group – 1st Thursday each month 2006; D. Mom’s Club – Last Wednesday each month 2006; E. American Legion Post – 2nd Wednesday & 4th Monday each month, Memorial Day & Flag Day 2006; F. J. Michael Hens VFW Post 7870 – 4th Wednesday each month 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of June 30, 2005 are approved for payment: General Fund - $146,796.48; Highway Fund - $49,813.14; Water District - $1,550.10; Capital Fund - $46,878.67; Special Revenue - $3,907.00; and Trust & Agency 203 - $12,847.07 for a total amount of $261,792.46. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of July 14, 2005 are approved for payment: General Fund - $102,958.08; Highway Fund - $15,697.78; Water District - $33,321.60; Sewer Districts - $217.26; Capital Fund - $2,445.00; Special Revenue - $356.00; and Trust & Agency 203 - $107.99 for a total amount of $155,103.71. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

James Blum, 5509 Martha’s Vineyard said in regard to item 18 there was mention of buffering. He can say from experience the difficulties of buffering. He believes you need the brush for buffering. Deciduous trees do not provide buffering.

Robert Mason, 9303 Hunting Valley said they do not feel the roads in their subdivision are maintained properly. They were told about 12 years ago that the Highway Department would redo it the next year. They have already begun redoing roads in Meadowlakes and it is only 8 years old. In speaking with neighbors, Hunting Valley has only been done twice in 46 years. These roads are atrocious.
       Supervisor Hallock said she did forward his concerns to the Highway Superintendent.

There being no further business, Supervisor Hallock adjourned the meeting at 8:58 P.M.

Nancy C. Metzger
Town Clerk