07/27/05


A Work Session of the Clarence Town Board was held on July 27, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 5:25 P.M. Members of the Town Board present were Council Members’ Scott Bylewski and Joseph Weiss.

Motion by Supervisor Hallock, seconded by Councilman Weiss to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the appointment of particular persons. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman McPherson arrived at 5:30 P.M. Councilman Kolber arrived at 5:50 P.M.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 5:55 P.M. Upon roll call – Ayes: All; Noes: None. Motion carried. No action taken.

The Work Session resumed at 6:00 P.M. Other Town Officials present were Deputy Supervisor Anne Case, Deputy Town Attorney David Donohue, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona and Director of Administration and Finance Pam Smith.

Director of Community Development – James Callahan

Formal Agenda Items:

William Burkard 7054 Salt Road

Applicant requests a fill permit in advance of a single-family home development. The proposed site is located on the south side of Salt Road, opposite Miland Road intersection on existing vacant land located in the Agriculture Rural Residential Zone. Town Engineer Latona has forwarded a recommendation with conditions.

Harris Hill Animal Hospital

Applicant requests Development Plan and Architectural Approval for construction of a new 4500 +/- square foot facility. The proposed site is located on the north side of Main Street, west of Harris Hill Road in the Harris Hill Traditional Neighborhood District. The Planning Board has forwarded a recommendation on the Development Plan with conditions. Town Engineer has reviewed and approved with recommendations.

Angelo Natale - Emerald Lake Estates

Applicant requests Development Plan approval for a 4-lot Open Development. The proposed site is located on the east side of Thompson Road between Roll Road and Clarence Center Road on existing vacant land consisting of 10.88 acres in the Residential Zone. The property is located within Clarence Sewer District #2. The Planning Board has forwarded a recommendation on Development Plan approval with conditions. Town Engineer has reviewed and approved with recommendations. This project will be connected to the sewer. An injector pump station will be installed and will be maintained by individual homeowners.

Lou Visone 4720 Goodrich Road

Applicant requests Development Plan approval for a 4-lot Open Development area. The proposed site is located on the west side of Goodrich Road, north of Main Street on existing vacant land with 70 feet of frontage and 29.41 acres zoned agriculture. 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 a 4-lot Open Development area located on the east side of Kraus Road, south of Greiner Road as an extension to existing private drive. Existing private drive development with appropriate public road frontages for all lots. The lot proposed for 4-lot open development consists of approximately 26 acres, zoned Residential. The Planning Board has forwarded a recommendation with conditions.

Ralph Camillo – Anges Auto 8790 Main Street

Applicant requests reconsideration of renewal of a Temporary Conditional Permit for automotive sales. The proposed site is located on the north side of Main Street, west of Overlook Drive. Applicant has a used car business under a Temporary Conditional Permit for which he had previously agree not to display vehicles. Applicant was cited numerous times for violation conditions of the TCP. The Town Board did not renew the Temporary Conditional Permit at the June 22, 2005 meeting. Applicant is seeking reconsideration of his permit to sell vehicles. To date, the applicant has not contacted the Planning Department with a revised plan since the last Town Board meeting two weeks ago.

Avis Rent-a-Car - Sears Automotive 4475 Transit Road (Eastern Hills Mall)

Applicant is requesting approval to place an automotive rental center along with the existing automotive repair center. The proposed site is located on the east side of Transit Road to the rear of the existing Sears Store in Eastern Hills Mall. A site plan has been forwarded identifying the proposed changes to the existing facility to accommodate the new use. A Public Hearing will be required before taking final action on the application.

Work Session Items:

Hayes Fish Market 8900 Main Street

Applicant is seeking approval to expand existing parking lot and a Temporary Conditional Permit for outside dining. The proposed site is located on the northwest corner of Main Street and Shimerville Road in existing restaurant located on 1.4 +/- acres in the Traditional Neighborhood District. The Planning Board Executive Committee has reviewed the proposed parking lot expansion and proposal meets all zoning conditions. The Town Engineer should review the drainage impacts associated with increased blacktop area.

International House of Pancakes 4445 Transit Road

Applicant requests Concept Plan approval for construction of a new restaurant. The proposed site is located on the northeast corner of Main and Transit – out parcel of Clarence Mall in a Major Arterial Zone. Development Plan approval for the overall plaza redevelopment will be up for Town Board approval as well.

Tim Krantz 9086 Lapp Road

Applicant requests Development Plan approval for a 4-lot Open Development. The proposed site is located on the north side of Lapp Road, west of Heise Road on existing vacant land with one single family home. The property consists of approximately 100+ acres zoned Agriculture Rural Residential. The rear portion of the property is within a Federal Wetland Reserve. The Planning Board has forwarded a recommendation with conditions.

Benchmark Group 4410 Transit Road

Applicant requests Development Plan and Architectural approval for redevelopment of Clarence Mall to the Shops at Main and Transit. The proposed site is located on the northeast corner of Main and Transit on 27+/- acres in the Major Arterial and Commercial Zones. The Planning Board has forwarded a recommendation with conditions.

Strickler Estates 5700 Strickler Road

Applicant requests Development Plan approval for a 23-lot residential subdivision.

The proposed site is located on the west side of Strickler Road, north of Greiner Road on existing vacant land consisting of 78+/- acres zoned Agriculture Rural Residential. The Planning Board has forwarded a recommendation with conditions. Town Engineer Latona said when this plan was first presented several years ago, the Town was being cited for pollution in Ransom Creek. Ransom Creek goes through this project and there are no sewers. Town Engineer further commented that it had been previously discussed that limits be set on the number of subdivisions/developments without sewers. The other issues discussed were public vs. private roads. Councilman Bylewski stated that there are several concerns that need to be addressed.

Supervisor Kathleen Hallock

Everyone received Moody’s Investors Service affirmation of Aa3 rating. The bid results were received yesterday. Bond rate is 3.88%. BAN rate is 2.8966%.

Supervisor Hallock received a memo from Senator Mary Low Rath about Medicaid reform efforts. Councilman Weiss attended the “Fix Medicaid Coalition” last year.

Approval for three block party requests and one special event request will be authorized.

The Senior Center is hosting a Classic Car Show at the Senior Center on August 10th. Councilman McPherson will get additional information and inquire as to whether or not Security will be needed.

Supervisor Hallock has a Resolution regarding civil confinement for sex offenders.

Morning Work Sessions will be scheduled for September 7 and October 5.

Supervisor Hallock, Town Attorney Bengart and Pam Smith met with Bob Rogers from Amtek. Changes in the policy manual for seasonal employees will be brought to the Town Board.

In December 2004 a request was received from a Girl Scout leader wanting to produce flags in Clarence Hollow as part of a Gold Award Program. The plan now is to produce forty Bi-Centennial flags that will be hung on every other flagpole in the Clarence Hollow area. Supervisor Hallock spoke to Don Boyd about this, he will review it with the Hollow Association Beautification Committee. A grant to the East Hill Foundation is prepared for the materials cost in the name of the Town of Clarence because the Girl Scout Troop cannot apply to the Foundation.

Supervisor Hallock inquired of the Town Board as to whether or not they wanted to precede with the hiring of Dr. Samina Raja. Councilman Kolber spoke with her several weeks ago. Most of what Dr. Raja has been working on pertains to the school district. Councilman Bylewski suggested a RFQ or RFP regarding the type of project we are looking for. Director of Community Development James Callahan said that as part of the Master Plan, the Center for Government Research took four different growth designs (residential, industrial, commercial, open space) and plugged those different growth scenarios into a fiscal model to determine how those various types of programs would impact us. Jim suggested that maybe this should be reviewed and/or up-dated; this will give us a basis in terms of planning purposes.

Joseph Floss/Brian Baty – Insurance

The Workers Compensation Insurance for the Town is renewing on August 15, 2005. Mr. Baty’s company solicited the Floss Agency to go out and request competitive quotes on Workers Compensation. The current program with Hartford Insurance has changed in terms of the dividends. Over the past five years this had decreased dramatically so this is a good time to solicit competitive quotes on Workers Compensation.

Councilman Weiss stated that he would recuse himself from any discussion because subsequent to this meeting, he found out that all three companies bidding have done business with one or more of Councilman Weiss companies.

Four companies were solicited (Hartford Insurance, NYS Compensation Alliance, PERMA and State Insurance Fund-Safety Insurance Group 497). The standard premium (which is payroll vs. the rates) has gone from $210,622. to $261,037 – this is based on the increase in payroll.

PREMA is a member-owned, not-for-profit association of public entities providing workers’ compensation benefits through a group self-insurance program. PREMA does not have a joint several liability clauses however NYS Compensation Alliance does which make you liable for someone else losses.

NYS Compensation Alliance does not have the reserve backing and the financial stability that PERMA has. PERMA has been in operation for 24 years with $110,000 million is assets.

Mr. Baty is recommending contracting with PERMA; they are a solid workers’ compensation carrier in NYS. They have very aggressive loss control. You build up points through their loss control that can increase your credits that you receive on an annual basis. There are several references in this area including the Village of Williamsville and Town of Lancaster. Both municipalities are satisfied with the services provided and the programs offered. NYS Compensation Alliance is new to the Western NY area.

PERMA will help with “first aid” claims and advise if a claim should be filed as a first aid claim or C2 claim.

There is a one-time entry fee of $5,278. to become a member of PERMA. The membership determines the rates, the program, loss prevention, the discounts - it’s the membership that runs it. If after you join PERMA and then opt out and then decide to rejoin a second time, you will not have to pay the entry fee again, it is a one-time entry fee. If you pay the entire premium up front, there is a 2% discount.

Councilman Ian McPherson

Councilman McPherson had no report.

Councilman Scott Bylewski

Councilman Bylewski has several corrections to the minutes.

Councilman Bylewski will give an update on the moratorium.

Councilman Bylewski has a Resolution regarding the Community Preservation Act.

The Municipal Review Committee has forwarded several recommendations.

A memo from Wendy Salvati was distributed regarding the Casilio project. There were a number of concerns raised by both Wendy and individual Planning Board members when they heard about the MRC Negative Declaration recommendation. In particular they are concerned that Part II of the EAF was not filled out. They were also concerned about the visual impact. The general consensus of the Town Board was to refer the project back to the MRC.

There are two vacancies on the Youth Center Board. The board of directors has not had an opportunity to contact the individuals who have applied for the vacant positions. Councilman Bylewski told the Youth Center Board that he would like a recommendation by the next Town Board meeting whether it was for one or both of the vacancies.

Councilman Bylewski received a call from a resident on Clarence Center Road regarding the Clarence Center VFC Labor Day fair. They are requesting that signage be posted indicating no parking on the south side of Clarence Center Road during the fair. Councilman Bylewski will contact the Clarence Center VFC.

Councilman Bylewski received a call from a resident regarding fencing. We have a local law as part of the code however; this resident wants to include neighbor notification before a fence was installed. You cannot regulate what someone does on his own private property, our code stipulates height restrictions and the decorative side of the fence must face outward.

The Town Board received a letter from a resident on Hunting Valley. Highway Superintendent Ted Donner has been notified.

Councilman Bylewski has a resolution regarding Verizon and cable franchise fees.

Councilman Bylewski distributed drafts of four proposed Local Laws regarding Open Meetings Law, Freedom of Information Law, Fiscal Impact Law and Backyard Burials.

Councilman Joseph Weiss

Councilman Weiss will award the bid for the damaged 2002 Chevrolet pickup truck to Bitterman’s Automotive in the amount of $3,697.

Councilman Weiss will award the bid for removal of topsoil from Memorial Park to C.J. Krantz in the amount of $3.00 per cubic yard. Town Engineer Latona stated that the money would be used to offset the material cost for fencing at Memorial Park.

Councilman Weiss met with Gary Wright and the DEC regarding the area ponds that have drained. There is very little water in the sewer system; it may meet the criteria or acceptability with the sewer however, the main concern is that the water is underneath the pipe and that is something the DEC is dealing with the Heise-Brookhaven Corporation about. Mr. Wright has several issues and Town Engineer Latona has addressed them.

The Clarence Bee and Metro News had Bee-heard comments complaining about the stop signs on Bergtold Road, Shisler Road and Wehrle Drive. The county installed the stop signs and Councilman Weiss felt that it would make a difference especially during the school year and the bus traffic.

Councilman Weiss will appoint Albert A. Festaiuti to the Conservation Advisory Council, his term will expire December 31, 2007.

Councilman Bernie Kolber

Councilman Kolber stated that the Town is spending approximately $6,000 a year on screened topsoil, $11.90 a yard. The stockpile of topsoil at Memorial Park is some of the finest topsoil around. Councilman Kolber felt that we are selling it for $3.00 a cubic yard and the Town will turn around and buy it back at $11.90 a yard. Councilman Kolber stated that he has done some extensive research and suggested purchasing an inexpensive screen to screen the topsoil ourselves. Town Engineer Latona stated that we have enough topsoil in reserve to finish Memorial Park. Highway Superintendent Ted Donner felt that this was too labor intense and we are not in the topsoil business.

The Library Board is bracing for more intense cuts by the County. They will be looking for support from the Town mostly for the payment of the alarm system and decommissioning the lawn sprinkler system in the winter months. Hours and staffing will be cut back significantly.

The Solid Waste/Recycling Committee met this past Monday. Councilman Kolber updated the committee on all the information he had pertaining to the formation of a garbage district for the Town.

The Solid Waste/Recycling Committee also discussed the exorbitant amount of money the Town is now being charged for the dumpster at town park. The committee suggested putting this out to bid. We are now being charged $600 a month for an 8 yard dumpster. Councilman Weiss will contact the Parks Department to find out what the monthly cost is and what that includes.

Councilman Kolber also suggested getting all town departments on a recycling program for paper and plastics.

There being no further business, the meeting adjourned at 7:30 P.M.

Darcy A. Snyder
Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, July 27, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Councilman Scott Bylewski led in the pledge to the flag, followed by a prayer read by Supervisor Hallock.

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

Motion by Councilman Kolber, seconded by Councilman Weiss to accept the minutes of the previous meeting held July 13, 2005. On the question, Councilman Bylewski had the following corrections: page 224, 7th paragraph – “…to the east was about $40,000 per acre.” Should read $30,000. Page 227, in regard to fire hydrant maintenance fees, “The fees are different from what Amherst pays.” Should read, may be. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held July 14, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution regarding support for civil confinement and other State Legislation protecting women and children from sex offenders:
          WHEREAS, New York State has made great strides in reducing violent crime in recent years; and
          WHEREAS, the safety of our women and children is one of the highest priority and any legislation that seeks to further protect them from sexual predators should be supported and passed; and
          WHEREAS, legislation has been introduced in the New York State Assembly that would provide for civil confinement of the most dangerous sex offenders and strengthen and expand the scope of Megan’s Law to provide additional safeguards to shield New Yorkers from sexual violence; and
          WHEREAS, convicted sex offenders would be prohibited from living within 1,000 feet of a school or school grounds (A.1654); and
          WHEREAS, a GPS tracking system would be implemented to monitor the actions and whereabouts of the most dangerous sex offenders (A.8158); and
          WHEREAS, law enforcement would be required, rather than simply permitted, to release information on Level 2 and Level 3 sex offenders to vulnerable populations (A.1654); and
          WHEREAS, the Division of Criminal Justice Services’ website would be expanded to include information on all registered sex offenders (A.1701); and
          WHEREAS, legislation introduced in the New York State Senate at the request of Governor Pataki would require lifetime registration of all sex offenders on the New York State Sex Offender Registry (S.3506); and
          Now therefore, be it
          RESOLVED, that this body lends its support to the implementation of each of the above measures, and be it further
          RESOLVED, that this Honorable Body does hereby urge the New York State Assembly to pass these measures, that New York State Governor George Pataki sign these bills into law when passed, and be it further
          RESOLVED, that certified copies of this resolution be sent to the County Sheriff, District Attorney, New York Sate Attorney General’s Office, New York State Assembly Speaker Sheldon Silver, New York State Senate Majority Leader Joseph Bruno, the regional delegation of the New York State Legislature and New York Sate Governor George Pataki.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to grant approval for a Block Party request for Country Meadows Lane between Foxwood and Thornwood Drives on July 30, 2005 from 3:00 to 9:00 P.M. On the question, Supervisor Hallock said her office will notify all necessary authorities. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant approval for a Block Party request for the dead end of Long Street (north end) on August 6, 2005 from 3:00 to 11:00 P.M. On the question, Supervisor Hallock said her office will notify all necessary authorities. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the request for a Special Event for the Clarence Rotary 5K Run on Friday, August 19, 2005 at 7:00 P.M. On the question, Supervisor Hallock said her office will notify all necessary authorities. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the request for a Block Party on August 20, 2005 at 8300 Hirschwood Drive, between Norwood and Hedgewood Drives between Noon and 7:00 P.M. On the question, Supervisor Hallock said her office will notify all necessary authorities. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said the Walk the Villages Program is still ongoing through the end of October. There are a limited number of pedometers and information packets available in the Supervisor’s office. Participating villages are Akron, Kenmore and Williamsville. The Hollow and Clarence Center are involved in our town. She received a communication from Senator Rath’s office to remind everyone that there is a “Cruise Night” tomorrow evening in Akron. Williamsville’s “Summer Dance under the Stars” is Friday, August 26th. The “Taste of Clarence and Cruise Night” is Monday, August 8th in the Main Street Park from 4:00 to 9:00 P.M.

Supervisor Hallock said she had the pleasure of attending the grand opening of the Hummer dealership on Transit Road last week. The owner of the company praised the Planning, Engineering and Building Departments saying how helpful and professional they all were.

Supervisor Hallock gave a reminder that we are accepting applications for the Ethics Committee until August 15 and also for the Inter-Community Committee.

Councilman McPherson recognized Flora Leamer who was present representing the Chamber of Commerce.

Councilman Bylewski received the June 2005 Monthly Single-Family Dwelling Statistics Report from the Building Department. For the month of June we issued 4 permits in subdivisions and 11 outside of subdivision. The year-to-date total of permits issued is 41 in subdivisions and 23 outside for a total of 64. For comparison, the month of June 2004, 9 permits were issued in subdivisions and 8 outside. Year-to-date as of June 2004, 62 in subdivisions and 30 outside subdivisions for a total of 92. Building is still continuing while we are under the moratorium.

Councilman Bylewski referred to James Callahan for the 31st moratorium report of action items.
          James Callahan reported the following:
          Subdivision Law Draft 4 – Planning Board Work Session is set to thoroughly review Draft 4 with the intent of forming a recommendation for the Town Board in August.
          Proposed Adequate Public Facilities Law – Planning Board and Municipal Review Committee reviewing, as well as proposed changes to Master Plan 2015.
          Parks & Recreation Master Plan – Recreation Advisory Committee reviewing draft action plan.
          Tree Law & Landscape Law Drafts – Planning & Zoning Department is reviewing the comments received.

Councilman Bylewski is going to present a resolution based on legislation recommended by Governor Pataki to assist local governments in raising funds to acquire green space.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:

Whereas, Governor George Pataki has submitted legislation that will assist local governments throughout New York State in preserving community character by providing the means to fund local community preservation and open space initiatives; and
          Whereas, this legislation will enable municipalities in New York State to continue their efforts to create new parks and recreations facilities in their communities by providing the means to build on and continue this important work on the local level; and Whereas, the Governor’s Community Preservation Act legislation would allow cities, towns and villages in New York State to impose a real estate transfer fee of up to two percent of the sale price of real property to fund the establishment and preservation of parks, nature preserves, recreational areas, open spaces, agricultural areas, wetlands and marshes, watershed areas, beaches, shoreline, rivers, forests lands, waterfronts, historic places and wildlife habitats; and
          Whereas, the Clarence Town Board is desirous of preserving open space and community character and enthusiastically offers its support to Governor Pataki’s Community Preservation Act; and
          Now therefore, be it
          Resolved, that the Town Clerk be directed to forward a copy of this resolution to Governor Pataki, Senate Majority Leader Joseph Bruno, Senator Mary Lou Rath, Assembly Speaker Sheldon Silver, and Assemblywoman Sandra Lee Wirth.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town seeks Lead Agency Status and will commence a coordinated review of involved agencies on the proposed changes to the Town’s comprehensive Master Plan 2015. The proposed changes involve a wording change to clarify architectural styles in the Harris Hill Traditional Neighborhood District. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town seeks Lead Agency Status and will commence a coordinated review of involved agencies on the proposed Adequate Public Facilities Local Law and associated changes to the Town’s comprehensive Master Plan 2015. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said in regard to the last meeting Municipal Review Committee, the Casilio Office Building at 8755 Sheridan Drive was being reviewed. In a memo dated July 21, 2005 there were a number of concerns brought up by Wendy Salvati, who is a professional planner and also Vice Chairman of the Planning Board. Her concerns included community character, the visual impact, as well as filling out the requirements of the SEQRA Environmental Assessment Form, Part II Analysis. We must strictly comply with all SEQRA regulations.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to request that the Municipal Review Committee reconsider its recommendation to the Town Board to address the impacts that were listed in Ms. Salvati’s memo dated July 21, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Whereas, there is a petition for a declaratory ruling pending before the New York State Public Service Commission concerning the preservation of municipal authority pertaining to Verizon Communications, Inc.’s and Verizon New York Inc.’s construction of a fiber-to-the-premises cable network; and
          Whereas, the basis for the petition is to ensure that Verizon be obligated to secure a cable television franchise from the local municipalities in New York state prior to being allowed to construct such facilities; and
          Whereas, the Town of Clarence, supports local municipality control over such services in order to derive franchise fees just as a franchise fee is collected from Cable TV operators; and
          Whereas, in order to prevent Verizon or any other phone company to construct a cable system in the Clarence Community or any other City, Town or Village in the State of New York without first obtaining a franchise from a municipality, the Clarence Town Board joins the Town of Lancaster in appealing to Governor George Pataki, New York State Public Service Commission Chairman, William S. Flynn, and the WNY legislative representatives to protect Municipal Home Rule power of local municipalities to require cable franchising; and
          Now therefore, be it
          Resolved, that the Clarence Town Board authorizes the Supervisor Kathleen E. Hallock, to forward a letter to Governor Pataki and New York State Public Service Commission Chairman, William S. Flynn and the WNY legislative delegation calling for discussions, public forums, information sessions and legislative support regarding cable related issues and municipal home rule.
          On the question, Councilman Kolber asked if it would not give us more competition for lower rates if there were other options? Councilman Bylewski said the franchise regulations appear that they would require that telephone companies also comply. This motion states that we, as a town, have the right to say whether a cable franchise comes in to the town.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson to adopt the following resolution:
          WHEREAS, the Authorized Representatives of the Town of Clarence desire to secure the Town of Clarence’s obligation to provide workers’ compensation benefits, as applicable, through participation in a group self-insurance program of which the Town of Clarence will be a member, and
          WHEREAS, the Authorized Representatives of the Town of Clarence, duly convened in regular session, do hereby resolve, pursuant to, and in accordance with the provisions of Section 50 of the New York State Workers Compensation Law and other applicable provisions of law and regulations thereunder, as follows:
          Section 1. The Representatives of the Town of Clarence do hereby resolve to become a member of Public Employer Risk Management Association, Inc., a workers’ compensation group self-insurance program for local governments and other public employers and instrumentalities of the State of New York;
          The Supervisor of the Town of Clarence is hereby authorized to execute and enter into the Public Employer Risk Management Association Workers’ Compensation Program Agreement on behalf of the Town of Clarence, and to file the notice of election with the appropriate State government agencies.
          Section 2. This Resolution shall take effect on August 15, 2005.
          On the question, Councilman Weiss said he will recuse as a number of companies he has control in are involved with this company. Upon roll call – Ayes: Councilmembers Kolber, Bylewski, McPherson and Supervisor Hallock. Noes: None. Recuse: Councilman Weiss. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to award the bid for the sale of a damaged 2002 Chevrolet 4-Wheel Drive Pickup Truck to Bitterman’s Automotive at their bid of $3,697 to be deposited in the Highway Fund. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to appoint Albert Festaiuti to the Conservation Advisory Council effective August 1, 2005 with term to expire 12/31/07. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to award the bid for removal of topsoil from Memorial Park to C. J. Krantz Topsoil in the amount of $3 per cubic yard for 5,700 cubic yards. The payment to the Town of Clarence is $17,100.
          On the question, Councilman Kolber said he is against this for $3 per yard when we are paying $11.90. The Town purchased approximately 500 yards each year for the past few years. We have to drive to get it. We would be buying it back over the next 11 years for $60,000.
          Councilman Weiss said Highway Supt. Ted Donner said he uses only about $1,800 of topsoil a year. His concern is that it is not of the quality he needs to replace damage from snowplowing. Parks may have a greater use. The monies from this topsoil will go toward the fencing for the ball diamonds at Memorial Park. At this time we do not have any other source for that expense. Based on the recommendations from the Highway Superintendent and the fencing, he makes this motion.
          Councilman Kolber said we could buy a new screen and have a 10-year supply of topsoil.
          Upon roll call – Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

Councilman Weiss said there was a comment in the Bee Heard today regarding the stop signs placed at Shisler and Bergtold Roads. He lives very close to that intersection and his son gets on the bus there. There have been a number of near misses and he is glad to see them there. The Town did not install the signs, the County did because they are County roads.
          Councilman McPherson said he is not discussing the pros and cons of the stop signs, but the Town and County have a long arrangement whereby any sign is placed there would be a mutual notification. Nobody notified the Town of Clarence. Supervisor Hallock asked if the Traffic Safety Board would be addressing that so we are notified in the future? Councilman McPherson said they will be.
          Motion by Councilman Kolber, seconded by Supervisor Hallock to accept, with regret, the resignation of Ronald Boehm from the Board of Assessment Review. He has served on this board for 20 years. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said we will be accepting applications for the Board of Assessment Review through October 1st. Mr. Boehm’s 5-year appointment would have expired 9/30/05.

Motion by Councilman Kolber, seconded by Councilman McPherson to authorize the Supervisor to sign an application to the East Hill Foundation for funding for 40 flags for the Bicentennial to be hung in the Clarence Hollow. On the question, Councilman Kolber said final placement and design approval will be made by the Beautification Committee of the Clarence Hollow Association. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said the Clarence Library is bracing for the impact facing the library system. They do not know how it will affect them. They are working on fundraising events and asking for donations.

Councilman Kolber said he will be appointing Chuck Eckert to the Recycling Committee in two weeks.

Town Clerk Nancy Metzger received a communication from Governor Pataki regarding Revisions to the Proposed Great Lakes Water Management Agreements known as the Annex 2001 Implementing Agreements. The purpose is to strengthen the management and protection of the Great Lakes waters and water dependent natural resources.
          A Public Meeting will be held Tuesday, August 2, 2005 from 6:30 to 9:00 P.M. at the Center for Tomorrow, State University of New York at Buffalo North Campus. Staff from the Governor’s office and the DEC will be present to discuss the agreements and answer questions from the public. Written comments will also be accepted thru August 29, 2005. If anyone is interested, the contact information is available in the Town Clerk’s office.

Public Participation

James Blum, 5509 Martha’s Vineyard said in regard to item 13, he makes the request that the conditions of the approval be specifically listed. The deed restriction for the 120 ft. nature conservation area should be: 1} In perpetuity; 2} Approved by the Town Attorney; and 3} Be shown on the property survey.

William Burkard requests a Fill Permit in advance of a single-family home development at 7054 Salt Road. James Callahan said the location is on the south side of Salt Road. It is being proposed for a single-family home development. The Engineer forwarded a recommendation with conditions. Supervisor Hallock asked the applicant if he was aware and in agreement with the conditions and he said yes.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Fill Permit in advance of a single-family home development at 7054 Salt Road with the following conditions: 1. Written verification of fill origin and certification that fill is free of contaminants. 2. Volume of fill should not exceed 1,000 cubic yards. 3. All conditions as specified by the Town Engineer. Upon roll call – Ayes: All; Noes: None. Motion carried.

Harris Hill Animal Hospital requests Development Plan and Architectural Approval for construction of a new 4,500 +/- sq. ft. facility at 8470 Main St. James Callahan said the location is on the north side of Main Street, west of Harris Hill Road consisting of approximately .6 of an acre in the Harris Hill Traditional Neighborhood District. The applicant is proposing to construct a new facility and demolishing the old facility.
          Phil Silvestri was present representing the applicant. Supervisor Hallock said the question came up about insulation of some sort for the noise. Mr. Silvestri said they are addressing that issue.
          Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Development Plan and Architectural Approval to the applicant, Harris Hill Animal Hospital, for the construction of a new 4,500 +/- square foot facility to replace the existing hospital located at 8470 Main Street, subject to the following conditions: 1. Conditions of the Town Engineer. 2.Commercial open space fee. 3. Knox Box installation per Fire Advisory recommendation. 4. Access drive to adjoining property to be paved to the property line—may be used for parking until access agreement is available. 5. Landscape Plan approval by Landscape Committee. 6. Sound insulation on the exterior walls to minimize noise.
          On the question, Councilman McPherson said, for the record, did the applicant apply to the Zoning Board of Appeals to obtain a variance so that they could have parking in front of the building. Mr. Silvestri said yes.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Natale Builders requests Development Plan Approval for a 4-lot Open Development Area at 5835 Thompson Road. James Callahan said the location is on the east side of Thompson between Roll and Clarence Center Roads consisting of approximately 10.8 acres zoned Residential. The property is within Sewer District No. 2.
          Angelo Natale and his engineer Neil Kochis were present. Mr. Natale said he has no problem with the buffer zone in the back or the landscaping conditions. There will be a private sewer line installed by Mr. Natale and shared by the owners. James Callahan said the Landscape Committee met with the neighbor and the applicant to come up with an acceptable design to supplement the plantings along the drive. Councilman McPherson asked if the neighbor is making any plantings along his property line. Mr. Callahan said they did agree that some of the existing trees would be part of the buffer.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Development Plan Approval to the applicant, Natale Builders, Emerald Lake Estates, for a 4-lot Open Development Area at 5835 Thompson Road subject to the following conditions: 1. Recreation and Open Space Fees. 2. Conditions of the Town Engineer. 3. Homeowners Agreement subject to review and approval by the Town Attorney. 4. Fire Advisory Conditions per March 17, 2005, recommendations. 5. A minimum of 120’ of natural vegetation to the rear (east side) of the property to be deed restricted. 6. Deed restrictions to protect the wetlands to preserve as much natural area as feasible in perpetuity, approved by the Town Attorney and be delineated on all property surveys on this property. 7. Landscape Committee approval on landscape plan and preservation plan. On the question, Councilman Weiss asked who made the delineations. The Army Corp of Engineers did the work. Councilman Bylewski said there are some non-wet areas that will also be preserved. Upon roll call – Ayes: All; Noes: None. Motion carried.

Lou Visone, Jr. requests Development Plan Approval for a 4-lot Open Development Area at 4720 Goodrich Road. James Callahan said the location is the west side of Goodrich Road in the Residential Zone.

Al Hopkins, Metzger Civil Engineering and Lou Visone were present. Supervisor Hallock asked the applicant if he is aware and in agreement with the conditions set by the Planning Board. Mr. Visone said yes.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Development Plan Approval to the applicant, Lou Visone, Jr., for a 4-lot Open Development at 4720 Goodrich Road, subject to the following conditions: 1. All homes constructed to connect to sewers if they ever become available. 2. Any further development of the remaining lands owned by Visone will require a full environmental analysis per SEQRA. 3. If blasting is to occur, pre-blast monitoring must be completed for all surrounding structures. 4. All conditions of the Town Engineer. 5. Pond to have clay liner where necessary to ensure water retention. 6. A permanent right of access for the existing home along the access drive to the Open Development. 7. Recreation and open space fees. 8. Driveway access to be designed to protect existing trees. 9. A Home Owners Agreement, Permanent Right of Access Agreement and Pond Maintenance Agreement to be reviewed and approved by the Town Attorney.
          Upon roll call – Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber (His property abuts this property). Motion carried.

Kathy DeRose requests Development Plan Approval for a 4-lot Open Development Area at 5131 Kraus Road. James Callahan said the location is the east side of Kraus Road, south of Greiner Road consisting of approximately 26 acres zoned Residential.
          Kathy and David DeRose were present with their engineer Neil Kochis.
          Motion by Councilman Weiss, seconded by Supervisor Hallock to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Development Plan Approval to the applicant, Kathy DeRose, for a 4-lot Open Development area located at 5131 Kraus Road subject to the following conditions: 1. Conditions of the Town Engineer. 2. Recreation and open space fees. 3. Homeowners agreement subject to review and approval by the Town Attorney. 4. Fire sprinklers for structures to be installed on sublots 2 and 3.
          On the question, Councilman Bylewski asked if they intend to maintain the barn on the property. Kathy DeRose said yes they do.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Ralph Camillo, Ange’s Auto requests reconsideration of renewal of a Temporary Conditional Permit for automotive sales at 8790 Main Street.
          Mr. Camillo is requesting renewal of the permit. He will not have a display of vehicles and intends to put in a turnaround for more organized parking. Councilman McPherson said if there will be no display, what is the need for the turnaround? Mr. Camillo said for customers to park.
          Motion by Supervisor Hallock, seconded by Councilman Weiss that based on the history, the renewal of a Temporary Conditional Permit for automotive sales at 8790 Main Street is denied.
          On the question, Councilman McPherson asked if there was anything requested from this applicant prior to the meeting? James Callahan said he was to supply a drawing of the parking area for the Town Board to review. Nothing was received. Mr. Camillo said his fiancé brought it in and gave it to the secretary in the Zoning Office. Supervisor Hallock said to the best of our knowledge nothing was received. Mr. Callahan will check. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said if for some reason it was turned in and has been misfiled or misplaced, he requests that it be placed back on the agenda.
          Mr. Camillo said he has a cease and desist order effective 7/30/05 and asked if he could have that extended until he can make other arrangements. Deputy Town Attorney David Donahue said he should go to the Planning and Zoning Office to make a request for an extension.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for August 24, 2005 at 7:45 P.M. for the request by Avis Rent-A-Car for a Special Exception Use Permit for an automotive leasing center at the Sears Automotive store at Eastern Hills Mall, 4475 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence Jaycees – March 25 & 26, 2005; B. Clarence Lions Club – 2nd Thursday each month of 2006; C. Clarence Welcome Wagon – 2nd Wednesday each month of 2006 (except July & August). Legion Hall Applications – A. Donald Kreher – Nov. 27, 2005; B. Clarence Little League Football Assoc. – 3rd Thursday each month 2006; C. Girl Scout Troop #1498 – 3rd Friday each month 2006 (except Jun – Aug); D. Swallow Creek Homeowners – 2nd Tuesday – January, April, July & October 2006; E. Clarence Republican Committee – 4th Tuesday each month of 2006. Nature Center – A. Clarence Conservation Advisory Council – Aug. 2, 2005; and B. Clarence Recreation Advisory Council – Aug. 9, 2005. On the question, Councilman Bylewski said he is a member of Legion Hall item D., however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of July 28, 2005 are approved for payment: General Fund - $126,327.65; Highway Fund - $110,522.01; Water District - $1,550.10; Lighting Districts - $1,027.57; Sewer Districts - $322.43; Capital Fund - $195,394.74; Aquatic Growth District - $1,466.00; Special Revenue Fund - $2,553.35; and Trust & Agency 203 - $7,231.10 for a total amount of $446,395.06. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Chuck Eckert, Vice President of the Clarence Hollow Association thanked the Town for the commitment and opportunity to have the Farmer’s Market. The grand opening ceremony was held last week. They have had great turnout each week. He thanked the Town for their support.
          Councilman Bylewski thanked the Hollow Association for their efforts. It is a wonderful asset to the Town.
          Councilman Kolber said we thank you.
          Supervisor Hallock said Chuck has been a moving force in the Farmers Market.

Supervisor Hallock wished her husband David a Happy Birthday.

There being no further business, Supervisor Hallock adjourned the meeting at 8:35 P.M. in memory of Dorothy Ebersole and Wayne McCready.

Nancy C. Metzger
Town Clerk