07/28/04


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, July 28, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

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

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss and Supervisor Hallock. Councilman Bernard Kolber was absent. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Deputy Supervisor Anne Case, Asst. Director of Community Development James Hartz, Engineer Tim Lavocat and Building Inspector David Metzger.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held July 14, 2004. On the question, Councilman Bylewski said on page 249, “If he can’t do that and Mr. Edbauer looses…” should be loses. Councilman McPherson said on page 249, 5 th paragraph – “We would have to concede some approval process in the Planning Department…” should be authority to; and “Councilman McPherson stated that “he fully realizes the ( an) emergency situation , which is one of the reasons why he opposed the new policy requiring an additional two week delay on any and all projects (project) referrals.” Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held July 20, 2004 as received. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

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

Be It Resolved, that the Clarence Town Board accepts the Capital Improvement Program for the year 2004 subject to review and annual updates for the projections for the period of 2005-2009 with the understanding that future Capital Projects must be approved on an individual basis by the Clarence Town Board as they occur.

Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

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

WHEREAS, the Clarence Town Board recognizes the importance of agriculture in the Town of Clarence and surrounding areas,

NOW THEREFORE BE IT RESOLVED, that the Clarence Town Board does hereby support the Clarence-Newstead Agricultural District as said district protects the land used or available for agricultural endeavors, helps the working farmer maintain their land and helps to improve their business.

On the question, Supervisor Hallock said there will be a Public Hearing held by Erie County regarding the Agricultural District at the Newstead Town Hall on Monday August 2, 2004 at 6:00 P.M.

Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve Change Order No. 1 to Milherst Construction for the Arboretum Project as follows: add $1,200 for additional camber to both the bridge and railings for the 20-foot and 40-foot span bridges; add $1,990 for the addition of 160 lineal feet of 4” diameter plastic conduit; and add for clearing and fill maintenance at Memorial Part at an hourly rate not to exceed $13,000 for a total amount of $16,190. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the request from Town Justice Robert Sillars to grant permission for Court Clerk Marilyn Taton to attend the NYS Magistrates and Court Clerks Conference held in Saratoga, New York in October 2004 with all reasonable and necessary expenses paid by the Town. On the question, Councilman McPherson asked if she will be taking a car. Supervisor Hallock said we do not have a spare car. This is a budgeted item. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

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

Whereas, at the November 6, 2002 Town Board meeting, the Clarence Town Board adopted a resolution to establish Enhancement Areas for the Industrial Development Agency Program and incorporated in said motion that if a business is not included in one of the Enhancement Areas named in the original motion, it can be included by individual address by petitioning the Town Board; and

Whereas, the Erie County, Clarence Industrial Development Agency has been petitioned by a business owner to add his address to the Enhancement Area for the Industrial Development Agency expansion Program and the CIDA has asked the Clarence Town Board to pass a resolution to add the address to the Enhancement Area Program;

Now therefore Be It Resolved, that the address of 8255 Clarence Center Road in the County of Erie, Town of Clarence, New York, be included in the Enhancement Area for the Clarence Industrial Development Agency Program.

Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Supervisor Hallock said she has received several calls from residents regarding mailers taped to their mailboxes. The mailers state that water tests and analysis will be done and a water sampler kit was provided. The kits were not delivered by the Erie County Water Authority, or the Town of Clarence. It is strictly a commercial venture and the company has been asked to stop putting them on mailboxes.

Supervisor Hallock said she has received a letter from the Erie County Health Department regarding the Wildlife Rabies Vaccination Program. The purpose is to reduce the incidence of rabies in the wildlife population, particularly raccoons, by distributing rabies vaccine baits.

The Animal Health Diagnostic Laboratory at Cornell University is administering the program in cooperation with the New York State and Erie County Departments of Health, the New York State Departments of Environmental Conservation and Agriculture and Markets, the USDA and the Ministry of Natural Resources in Ontario, Canada.

Vaccine baits will be distributed by fixed aircraft in rural environments and by helicopters along creeks, railroad track beds and along power line right-of-ways. The bait consists of fishmeal, a wax binder, fish oil and a vaccine chamber in the center of the bait. It is not harmful to people, pets or wildlife. The oral rabies vaccine used in the chamber is licensed for use against raccoon rabies in the United States and Canada. Raccoons and other wildlife usually ingest the baits within a week. The current plan calls for the baiting to commence in Erie County beginning July 27 th using helicopters and will start again around August 20, 2004 using a fixed wing aircraft. The dates are an approximation since flight times may be affected by weather conditions. There is a phone number on the bait to call if a pet brings one home.

Supervisor Hallock announced that Highway Supt. Ron Witnauer submitted a letter of resignation effective August 20, 2004 to the Town Clerk. Ron has served as Highway Superintendent since 1995 and during his years of service accomplished a lot with various programs for ditching and drainage, road maintenance and snow plowing. It is with regret that we accept his resignation.

An interim appointment may be made until the end of the year. The position will be on the ballot in November. Anyone can apply for the interim position. The election this year would be to complete the remainder of Mr. Witanuer’s term of 12/31/05. An election for this position will also be held next year for the 4-year term.

Supervisor Hallock announced with regret, the resignation of Deputy Chief Security Officer Alan Wolbert effective July 24, 2004. Mr. Wolbert finds it difficult to perform the duties of Deputy Chief due to full time employment status as a NYS Corrections Officer. He will remain as a substitute Security Officer.

Supervisor Hallock announced with regret, the resignation of Ron Banks from the Ethics Committee effective July 22, 2004. Mr. Banks said he spent many years on the Board of Ethics and has enjoyed seeing its effectiveness grow over that period. He hopes this continues in the future.

Supervisor Hallock said this leaves a vacancy of his term, which expires 12/31/08. No more than three members of the Ethics Board may be from the same political party. This position must be filled by someone affiliated other than Republican or unaffiliated. Anyone interested can contact the Supervisor’s office.

Supervisor Hallock announced receipt of a certified copy of a resolution submitted by Erie County Legislator Ranzenhofer to the Federal Government for disaster declaration, so that Erie County may access FEMA money to assist in paying for the repairs and/or relocation of Tonawanda Creek Road in the vicinity of Westphalinger Road.

Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize NYSEG to activate streetlights at the following locations in the Stonecreek Subdivision, as per the NYSEG proposal and as per as-builts submitted. Standards, fixtures and underground conductors to be installed by the developer. Conductors, fixtures, and standards to be owned and maintained by the Town of Clarence. Connection, energy lamp and photo electric eye replacements to be supplied and maintained by NYSEG under the terms and conditions covered in NYSEG’s street lighting agreement with the Town of Clarence. The locations are: Phase IV, Part 1 of Stonecreek Subdivision - Stonebriar Drive between sublots 2 & 3 and 52 & 53; and Phase IV, Part 2 between sublots 4 & 5, 6 & 7, 8 & 9 and 50 & 51. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman McPherson announced last week that at the work session, they had taken an unusual step of granting an emergency building permit to Gerald Edbauer to replace a building he had that was destroyed by fire. It became clear that the motion that was made was not perfect. He worked with the Town Attorney to clean this up and make sure everybody understands what was done in the work session.

Motion by Councilman McPherson, seconded by Supervisor Hallock to amend the motion made at the July 14, 2004 work session, which waived the Town Board’s Agenda Policy for Land Use proposals adopted by the Town Board on April 14, 2004 as follows:

To support the Supervisor’s determination, made together with the Planning & Zoning Department and the Senior Building Inspector, to proceed with the accelerated permitting process provided for in the Town Board Agenda Policy for Land Use Proposals so as to expedite re-building of the Edbauer facility, in a manner not inconsistent with nearby non-residential structures such as Gui’s Lumber and the Clarence Parks Department garage facility. The re-building is to be limited to replacing what was there, and will include proper cleanup measures as established by the regulating agencies, plus Town requirements. This action is non-precedent setting and is taken solely because of the extenuating financial, cleanup, timeliness and other circumstances previously discussed on the question and during the July 14, 2004 work session, which discussions are hereby incorporated as part of this motion it being understood that these circumstances are unique to this particular situation. On the question, Councilman Weiss stated that he will recuse himself as the attorney for the builder is also his attorney. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Bylewski reported that the meeting with Freilich Leitner and Carlisle took place in the work session to discuss the Adequate Public Facilities Law. As a strong advocate of this, he found the information very fascinating and is looking forward to the development of that law.

Councilman Bylewski announced that due to a vacancy on the Planning Board, the Town Board is accepting applications for a member and alternate member. The deadline to turn in an application is two weeks.

Councilman Bylewski referred to James Callahan to report on the action items being addressed while under the moratorium.

James Callahan said the Planning Board has completed review of the 4 th Draft of the proposed zoning law and map. They set a date of Wednesday, August 18, 2004 at 7:30 P.M. for a Public Hearing on the final draft to hear public comment.

The consultant has been notified to work on the Parks and Recreation Master Plan. They will forward a contract for consideration by the Town Board.

Mr. Callahan said they are finalizing subdivision regulations and compiling examples from other communities across the State to forward a draft for consideration at the Planning Board level.

The Adequate Public Facilities Law process has been initiated.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation of the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Wilcox Open Development Area located at 10352 Main Street. The Unlisted Action involves development of a 3-Lot Open Development area in conformance with the Town of Clarence Subdivision Law. After thorough review of the submitted site plan and Environmental Assessment Form it is determined that the proposed action is consistent with Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Councilman Bylewski said he received a forwarded e-mail from John Gaulocher to the Supervisor. He and a couple other people from the Northern Erie Sno Seekers met with Jim Hartz to get an updated tax map. They contact landowners to get permission for the club to mark trails. He just wanted to let us know that Jim took care of them in a very professional manner and his knowledge is unmatched.

Councilman Bylewski presented the certificate received to James Callahan for the 2004 Governor’s Quality Communities Award for Excellence. Our Planning Department, along with the Town of Amherst were the recipients of this award. Supervisor Hallock congratulated Jim Callahan and Jim Hartz for this award.

Councilman Weiss said he has only been the liaison to the Highway Department for a few months, but he enjoyed Ron Witnauer’s entrepreneurial spirit and the way he handled the equipment and did his work. He knows he will be terribly missed.

Motion by Councilman Weiss, seconded by Councilman McPherson to appoint Sandy Baker as a member of the Board of Directors of the Senior Center to fill a vacant term expiring 12/31/04. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for August 25, 2004 at 7:50 P.M. to consider the request for a Special Exception Use Permit for outside display of recreational vehicles at 10295 Main Street. On the question, Councilman Weiss said he will recuse himself as Mr. George’s attorney has done quite a bit of advisement work for his companies. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Absent: Councilman Bernard Kolber. Motion carried.

Joe Skok requests a Change-In-Use from vacant to spray-on bedliner facility at 6585 Transit Road, the former Belknap Heating and Cooling building. James Callahan said the location is the east side of Transit Road, just north of Miles Road consisting of 1.89 acres with frontage in the Major Arterial Zone. The Master Plan identifies the area in a Commercial classification.

Joe Skok said the process is environmentally safe. It is sprayed on in an enclosed spray booth within the building and dries within eight seconds. There is no runoff. An exhaust fan is used to clear the room. Mr. Skok has an existing operation in Lancaster and this will be in addition to that. Most of his business is from dealerships in the area. There is also walk-ins or by appointment. There is plenty of parking. Councilman Bylewski asked if striping the lot would be appropriate. Mr. Skok said that would be fine.

Motion by Councilman McPherson, seconded by Supervisor Hallock to grant the request for a Change-In-Use from vacant to spray-on bedliner facility at 6585 Transit Road. On the question, Councilman McPherson said as additional requirement, agreed upon by the applicant, is to stripe the parking lot. Councilman Bylewski said that although Belknap is a client of his firm, they have no relationship with this building, therefore he will be voting. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Cobey Inc. requests a Building Permit and Architectural Approval for construction of a 3,219 sq. ft. addition to existing office building at 9505 Main St. James Callahan said the location is the south side of Main St., west of Gunnville Rd. consisting of 1.06 acres in the Commercial Zone. The Master Plan identifies the area to remain in a Commercial classification.

Brian Louis, Architect said while the addition will provide for expansion of the business, it does not include additional employees. They are reducing the hard space by extending the building into the parking area and adding an additional 1,000 sq. ft. of greenspace. The building looks like the restaurant that it was and they are attempting to make appear as a high-tech business that it is.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Building Permit and Architectural Approval for construction of a 3,219 sq. ft. addition to existing office building at 9505 Main St., subject to Landscape Plan Approval. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Roy Jordan requests Development Plan Approval for construction of a 4-lot Open Development Area with 3 frontage lots at 8587 County Road. James Callahan said the location is the south side of County Road, west of Green Acres consisting of approximately 56 acres in the Agricultural Zone. The Planning Board has forwarded a recommendation to approve this request as designed along with approval from the Town Engineer, a letter from the Army Corp of Engineers and a conservation easement per the DEC Permit.

Roy Jordan said he has been working on this project for a year and a half. They had to do an archeological study on the entire site, and a wetlands mitigation plan for a combination of Federal and State wetlands. The density is one lot per eight acres. The DEC asked that as part of the wetlands mitigation, they give a conservation easement to the Town of Clarence and the people of the State of New York for all of the wetlands fronting on County Road. The benefit is about 20 acres, which will remain as is and the Town will not have to buy it. They do not mind doing that.

Councilman Bylewski said these homes are going to sell for a considerable amount. Mr. Jordan said he believes every Town should have zoning that includes everybody across the economic scale. It may be the first development in the area where every home exceeds $1million.

Motion by Councilman McPherson, seconded by Councilman Bylewski to grant Development Plan Approval for construction of a 4-lot Open Development Area with 3 frontage lots at 8587 County Road according to the stipulations of the Planning Board which include Town Engineering Approval, a letter from Army Corp of Engineers, conservation easement and no subdividing of lots on the road frontage and the easement be made available to the Town Attorney for review. On the question, Councilman Weiss asked what the archeological finds were and Mr. Jordan said none. Town Attorney Steven Bengart asked that he be given the opportunity to look at the conservation easement. Mr. Jordan said he can do that, but the easement is with the approval of the DEC. There is a clause in there that if the easement were ever abandoned, the Town of Clarence would benefit from any monetary values. Such as a utility had to take part of the easement, upon approval of the DEC, the Town would benefit. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Angelo Natale requests an Amended Concept Plan Approval, Development Plan Approval and Architectural Approval for construction of a 4,500 sq. ft. office building at 9276 Main Street. James Callahan said the location is the north side of Main St., east of Thompson Rd. consisting of 1.72 acres in the Commercial Zone. The Master Plan identifies this area in the Commercial classification. The Planning Board made a recommendation with conditions of Landscape Plan Approval, documentation from the Erie County Health Department regarding the septic system is in the file, Town Engineering Approval and subject to commercial building open space fees.

Angelo Natale said he does have a tenant for the building, pending approval. The structure will be the same style as the front building. It will front to the east. This will replace the storage building in his original plan.

Motion by Councilman McPherson, seconded by Councilman Weiss to grant an Amended Concept Plan Approval, Development Plan Approval and Architectural Approval for construction of a 4,500 sq. ft. office building at 9276 Main Street per the statements of the applicant and the stipulations of the Planning Board. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Martin Bronisz requests a Public Hearing to consider a Temporary Conditional Permit for a lumber cutting business in the Agricultural Zone at 4611 Shisler Road. James Callahan said the location is the east side of Shisler Road in the Agricultural Zone. The Planning Board recommended approval. Councilman Bylewski said there were no complaints raised at the time of the Planning Board review, but since then we have received a few concerns, which have been forwarded to the applicant.

Motion by Supervisor Hallock, seconded by Councilman McPherson to set a Public Hearing August 25, 2004 at 7:45 P.M. to consider a Temporary Conditional Permit for a lumber cutting business in the Agricultural Zone at 4611 Shisler Road. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence Chamber of Commerce – Aug. 9, 2004; B. Clarence Soccer Club – Sept. 18, 2004; C. Girl Scout Troop #215 – 3 rd Tuesday each month 2004 & 2005; D. Girl Scout Troop #1005 – 1 st & 3 rd Wednesday each month 2005E. Girl Scout Troop #642 – 2 nd & 4 th Monday each month 2005; F. Clarence Lions Club – 2 nd Tuesday each month 2005; G. Clarence Book Review Club – 1 st Wednesday each month 2005; H. Girl Scout Troop #938 – 2 nd & 4 th Monday each month 2005; I. Clarence Jaycees – March 19 & 20, 2005; J. Clarence Garden Club – May 18, 2005; Legion Hall Applications – A. Clarence HS Football Boosters – Oct. 21, 2004; B. Clarence Lions Club – Mar. 10, 2005; C. Clarence Republican Committee – 4 th Tuesday each month 2005; D. Swallow Creek Homeowners Association – 2 nd Tuesday Quarterly Meetings 2005; E. Mom’s Club – Last Wednesday each month 2005; F. Tim & Kathie Gluszak – May 14, 2005; and G. Michael Hens – 4 th Wednesday each month 2005. On the question, Councilman Bylewski said he is a member of Clubhouse A. and Legion Hall D., however this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review the following bills of July 29, 2004 are approved for payment: General Fund - $253,146.50; Highway Fund - $179,621.86; Water District - $1,409.47; Sewer District - $15,731.91; Capital Fund - $106,659.97; and Trust and Agency 203 - $615.00 for a total amount of $557,184.71. Upon roll call – Ayes: All; Noes: None. Absent: Councilman Bernard Kolber. Motion carried.

“For the Good of the Town”

Councilman McPherson added his regret of the resignation of Ron Witnauer as Highway Superintendent. During his years of service, he did an excellent job with such programs as leaf and brush pickup, ditching and drainage, road maintenance, plowing, bridge replacements and vehicle replacement program. He has been a tremendous asset in the services provided to the residents of the Town.

There being no further business, Supervisor Hallock adjourned the meeting at 8:22 P.M.

Nancy C. Metzger

Town Clerk