A Work Session of the Clarence Town Board was held on August 8, 2007, at Clarence Town Hall, One Town Place, Clarence, NY.
Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss Bernard Kolber and Patrick Casilio. Other Town Officials present were Deputy Town Attorney David Donohue, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith and Planning Board Chairman Pat Powers.
Director of Community Development - James Callahan
Review of agenda items:
Arthur Fuerst 9450 Main Street
Jack Willert - Stage Road
Louie's Car Clinic 9385 Main Street
The Planning Board has recommended approval of a Temporary Conditional Permit including display of a total of three vehicles (two in front and one in the back) with conditions that are detailed in the Planning Board minutes. A public hearing will be set for September 12th @ 7:50 P.M. to consider a Temporary Conditional Permit.
Metzger Civil Engineering - east of 8940 County Road
Cimato Enterprises/Waterford Village PURD
Clarence Center VFC
Work Session items:
Rubino Brothers & Shadow Woods
Carmen Cimato - Kraus Road
John Kausner 4180 Ransom Road
West-Herr Automotive Group - Eastern Hills Mall
Zoning Map amendments
Sign Law Revisions
Supervisor Kathleen Hallock
Highway Superintendent Ted Donner has ordered the speed trailer, estimated delivery time is 30 days.
Supervisor Hallock stated that arrangements have been made through the Community Development Block grant program for a survey of the area immediately around the four corners in Clarence Center to do some enhancements in that area. We are also working with CDBG for the Harris Hill area as well.
Notices are posted and have been sent out regarding the on-site meeting at St. Mary's Church on Friday, August 31st at 4:00 P.M. Everyone is asked to meet at the front door of the church.
Supervisor Hallock met the president of Millard Fillmore Suburban Hospital yesterday for a tour of the construction site with him and the facilities manager. The hospital is adding 128,000 square feet to the existing plan and will also be renovating 22,000 sq. ft. They feel they will be in a good position if the Commission's recommendations are followed. MFH has offered to help the Town in a number of ways. They are interested in the training our bike path volunteer group. They also talked about education and training presentations at the Senior Center.
Supervisor Hallock will announce an opening in the Highway Department for a Clerk Typist.
Supervisor Hallock received information on the Census. Assistant Director of Community Development James Hartz handled the information for the 2000 Census.
Supervisor Hallock and Animal Control Officer Jerry Schuler met with representatives from the SPCA regarding grants however the information was vague.
Supervisor Hallock has an item to discuss in Executive Session
Councilman Scott Bylewski
Councilman Bylewski commented on an article he read in the Rock Oak Mobile Home Park Newsletter relative to green space preservation.
Bark in the Park and Taste of Clarence was a huge success, Councilman Bylewski thanked all those involved with both events.
Councilman Bylewski will comment on the report from Michael Neumeister from Capital Markets Advisors.
David Elia will be appointed to the Public Safety Committee to fill the remaining term of Jim Kinney.
Councilman Bylewski has received the July 2007 Central Fire Alarm Report.
At the August 1, 2007 morning Work Session there was a discussion regarding the Public Safety Volunteer vests. Fifty vests will be ordered. The front will read "Town of Clarence Public Safety Volunteer" and either the bicentennial or town seal on the front of the vest. The only people who will receive the vests are the people that had a background check and have gone through the safety training. Councilman Kolber stated that the Town has to make sure there is accountability for the vests. The vests are the property of the Town of Clarence and if you are no longer a volunteer, the vest must be returned to the Town.
Jonathan Hickey will be appointed to the TEQR Committee to fill the vacant seat of Al Schultz.
Councilman Bylewski has received the Single Family Dwelling statistics.
Planning Board member Gerald Drinkard has forwarded information on Sycamore trees. It was suggested Sycamore trees be planted at the Walgreens store. There are concerns with the maintenance of the trees.
The Clarence Concert Association has been approached about having a September 11th flag displayed by the band shell. The Town Board was in agreement with this as long as it was no larger than the American Flag that is there now. Councilman Kolber stated if the flag is displayed 24 hours a day, it must be properly illuminated. It may have to be put up and taken down before and after each concert.
Councilman Bylewski reference a memo from Ethic's Board chairman Steven Murtaugh regarding the Transactional Statements, it is referenced in the law that those appendixes are not part of the law. The Ethic's Committee will not meet again until October.
Councilman Bylewski has one item for Executive Session regarding proposed litigation relative to Swormville VFC.
Councilman Joseph Weiss
Upon recommendation of Highway Superintendent Ted Donner Councilman Weiss will make a motion awarding the bid for 4,500 yards of once ground mulch to Akron AG Products at their bid price of $1.25 per cubic yard.
Upon recommendation of Highway Superintendent Donner, Councilman Weiss will make a motion to set a bid date of August 28, 2007 for the purchase of a 2007 Hydraulic Excavator.
Councilman Weiss will make a motion regarding fire hydrant installations at 6204 Goodrich Road and 9095 Main Street.
Councilman Weiss will make a motion authorizing the Supervisor to enter into and execute a project agreement with the NYS Department of Environmental Conservation for financial assistance for a Western NY Municipal Urban Forest Restoration Assistance Grant in an amount not to exceed $6,000.
Councilman Weiss attended the Conservation Advisory Committee meeting and there is concern regarding the deer abatement program. The program administrator for the town John Jondle is leaving the area. There is someone else interested in taking over for Mr. Jondle and will hopefully get the program back on track by September.
An artificial reef was implemented in the pond at Town Hall as an Eagle Scout project for bass nesting.
Town Attorney Bengart is working on a watershed project with the Town of Newstead regarding Ransom Creek.
Councilman Weiss receive an e-mail from members of the lacrosse league; they are looking for financial support from the Town. The league is working with Clarence Little League Football relative to sharing the fields at Sunset Park. Supervisor Hallock stated that the Town no longer gives stipends to baseball, softball or soccer, that money is earmarked for the debt service on Memorial Park. Supervisor Hallock suggested that the league contact Howie Johnt. She would like to see their 990 filing status and their reasons for requesting financial assistance.
To date, Councilman Weiss stated that he has not heard of a meeting being scheduled between the "Gang of Five". Supervisor Hallock stated that Mike Powers has stepped down. Football season will begin soon and any problems should be taken care of before hand.
Councilman Bernard Kolber
Councilman Kolber spoke to Highway Superintendent Ted Donner regarding removal of the fill left behind from a job done by Erie County Water Authority at Salt and Greiner Road. Mr. Donner will bring in a crew on Saturday to remove the fill and truck it to Memorial Park.
Councilman Kolber received a letter from Hank Brodowski regarding the leaky roof at the Historical Museum. The Parks Department has indicated that the roof is not repairable. Supervisor Hallock stated that she has submitted a grant for sprinkler system for the museum and the Gerber Library; we are waiting to see if we get the funding.
Councilman Kolber has one item to discuss in Executive Session regarding sale or lease of real property.
Councilman Patrick Casilio
Councilman Casilio is meeting with the Morlando Committee every other week.
Councilman Casilio is working with Supervisor Hallock, East Hill Foundation and several other organizations regarding grant money. Members of the Morlando Committee have met with Mr. Reed about the pillars that may be on his property and continue to move forward with that. The Highway Department has removed the overgrown brush in the right-of-way. Town Engineer Latona has remarked the sidewalks.
The purchase order was released for the replacement light poles from the Parks Department and for the welding that will be done by James Schlabach.
The bid opening for the Senior Center generator will be August 17th.
The Senior Center is continually asking for a bocce ball court, the cost is approximately $10,000. Councilman Casilio and Supervisor Hallock are looking into funding for possibly next year.
Councilman Bylewski inquired as to the resolution from the Senior Center in support of a community center. Councilman Casilio will mention it at the next Senior Center Board meeting.
The Senior Center is also looking for funding for defibrillators; Councilman Casilio has put them in contact with the First Aide Captain at Harris Hill VFC.
The RFI regarding video cameras is being released on Monday. Once the system is running, a camera system could be placed on the tower at Town Hall which would pan the parking lot, the library and the park.
Councilman Casilio passed around several examples of striping/verbiage for the public safety vehicle. Councilman Casilio is also working with Chuck McNiff from the Highway Department regarding non-descriptive lighting for the vehicle. Councilman Casilio will review this with Mark Koss from the NYS Police.
The disaster trailer has been licensed. Councilman Casilio is hoping to have both the public safety vehicle and the disaster trailer displayed in the Labor Day parade.
There was discussion regarding upgrading the security radios and having extra radios available for Day in the Park.
The Clarence Hollow Association is sponsoring a fund raiser on September 21st at the Western NY Event Center called Wine, Wheels and Song. A significant portion of the proceeds will go toward the purchase of safety and surveillance equipment for the bike paths.
Councilman Casilio was at two events this weekend and was approached by several senior citizens asking about housing for them. Councilman Bylewski stated that the Piestrak development proposed for Goodrich Road will include patio homes and quadplexes.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss matters leading to the discipline of a particular person, matters leading to the appointment of a corporation, the employment history of two particular individuals; § 105(1) E collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law0; § 105(1) H the proposed acquisition or lease of real property; § 105(1) D proposed litigation regarding Swormville VFC and one Attorney-Client item. Upon roll call - Ayes: All; Noes: None. Motion carried.
There being no further business, the Work Session adjourned at 7:09 P.M.
Darcy A. Snyder
Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:35 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, August 8, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer read by Supervisor Hallock.
Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Deputy Town Attorney David Donohue, Town Engineer Joseph Latona, Building Inspector David Metzger, and Planning Board Chairperson Patricia Powers.
Supervisor Hallock said the minutes of the previous meeting held on July 25, 2007 were not ready in time for review. They will be approved at the next meeting.
Supervisor Hallock announced that there will be a public information meeting on Wednesday, August 29, 2007 at 7:00 P.M. in the Town Hall Auditorium regarding intersection improvements at Shimerville and Greiner Roads. The purpose of the meeting is to discuss design alternatives that include the current stop sign control on all approaches, installing a signal system and a roundabout. There will be an opportunity for the public to ask questions and offer input at this meeting.
Supervisor Hallock announced that there is an opening in the Highway Department for Clerk Typist. The position will be posted effective August 9th for 10 working days and is a competitive Civil Service position.
Supervisor Hallock said we have had a number of very successful townwide events take place over the last two weeks.
Supervisor Hallock announced that we have a birthday, our Councilman Pat Casilio is officially over the hill.
Councilman Bylewski said he would also like to congratulate all of the organizations on their successful events over the past two weeks, especially Bark in the Park by the Clarence Center Community Association and the Taste of Clarence held by the Clarence Chamber of Commerce.
Councilman Bylewski said the Supervisor mentioned a few weeks ago about our rating on bonds and bond anticipation notes. Our financial advisor, Mike Neumeister, prepared a press release which he feels is important to mention. He says that Moody's credit report stated that over the past five years, assessed and full valuations have increased on the average of 7.3% annually, reflecting strong market value appreciation and annual partial revaluation of the town. Wealth levels are well above state medians and the full value per capita is a solid $93,008, reflective of the high value of residential development. Moody's Aa3 rating is the highest rating assigned to a local government in Western New York. In addition Moody's assigned their highest rating of MIG 1 to the short-term Notes reflecting the Town's demonstrated history of satisfactory market access to permanently finance the Notes at maturity. He congratulated the Supervisor and the Town.
Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint David Elia to the Public Safety Committee to complete the term vacated by James Kinney through 12/31/07. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski said we are in the process of putting the training together for the public safety volunteers. We have received some applications. Anyone interested should contact the Supervisor's office to obtain a public safety application.
Councilman Bylewski received the Amherst Central Alarm Report for July 2007. Town of Clarence fire companies responded to the following: Structure Fires – 5; Miscellaneous Fires – 11; EMS Calls – 113; Motor Vehicle Accidents – 12; and Miscellaneous Calls – 30 for a total of 171 alarms.
Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Jonathan Hickey as a member of the TEQR Committee to fill the remainder of the term of Al Schultz through 12/31/08. On the question, Councilman Bylewski said Mr. Schultz was appointed to the Planning Board as an alternate. Al has done a tremendous service on behalf of the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski reported on the Single Family Dwelling Statistics for July 2007. There were 3 permits issued in subdivisions and 7 outside of subdivisions for a year-to-date total of 42 in and 18 outside. By way of comparison, the year-to-date total for July of 2005 was 75 permits issued, and July 2006 was 68 permits issued. We are still growing as a Town, though not as rapidly as in previous years.
Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of August 28, 2007 at 10:00 A.M. for the purchase of a 2007 Hydraulic Excavator for the Highway Department. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to award the bid for purchase and removal of 4,500 cubic yards of Once Ground Wood Mulch to Akron AG Products at their bid of $1.25 per cubic yard, they being the lowest responsible bid. Payment in full and insurance certification must be submitted prior to removal of any material from the site. They will be allowed 90 days to remove all material. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Kolber that the Town agrees to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for the fire hydrant to be installed in front of 6204 Goodrich Road (Floyd Benzing) subject to the terms and conditions of an Agreement between the owner and the Town of Clarence and the execution of said Agreement by the parties. The owner has agreed to reimburse the Town of Clarence for the annual hydrant maintenance fee in accordance with Mr. Benzing's letter dated May 18, 2007. On the question, Councilman Weiss said this is customary with our agreement with the Water Authority. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Kolber that the Town agrees to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for the fire hydrant to be installed in front of 9095 Main Street for Clarence Crossroads Medical Center, LLC subject to the terms and conditions of an Agreement between the owner and the Town of Clarence and the execution of said Agreement by the parties. The owner has agreed to reimburse the Town of Clarence for the annual hydrant maintenance fee in a letter dated December 22, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Kolber that Kathleen E. Hallock, as Supervisor of the Town of Clarence, is hereby authorized and directed to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the Town of Clarence for a Western New York Municipal Urban Forest Restoration Assistance Grant in an amount not to exceed Six Thousand Dollars ($6,000.). Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Weiss said that at a recent Conservation Committee Meeting they discussed the deer abatement program and the issues they had last year. Permits were received too late. Now, John Jondle will be moving and not heading up the program. The permits have to be in by September. They will be working on it over the next few weeks and he will update everyone at the next meeting.
Councilman Weiss said an Eagle Scout did a project out by the pond putting in cinder blocks for a bass nesting program.
Councilman Weiss said we are getting a lot more participation in lacrosse in the Town. The Board discussed earlier the possibility of helping the league increase their availability to fields.
Councilman Kolber congratulated all of the groups for their successful events. These types of events contribute to our quality of life in Clarence.
Councilman Kolber said there has been a pile of fill at Greiner and Salt for some time now. Our Highway Department was going to move it and then the October storm hit. They are still picking up brush from that along with their other projects this summer. The Highway Superintendent informed him today that he will have his employees work overtime on a Saturday and get that cleaned up. He thanks him for that.
Councilman Casilio said the Morlando Committee has been working on improving the entrance to Nottingham Terrace. The sidewalk replacement will start August 20th. Light pole repair and replacement work is being done also.
Councilman Casilio said the bid for the generator at the Senior Center will be opened on August 17th making that building available for use as an emergency shelter if needed in the future. Also, Marc Bendelian, Harris Hill Fire Company First Aid Captain is working with them on defibulators.
Councilman Casilio congratulated the Take Back the Bike Path event which raised money for surveillance equipment for the bike paths.
Councilman Casilio said the Chamber of Commerce Taste of Clarence event was very successful. They had over 300 cars on display. He wanted to especially thank Paul McCarthy who helps organize this event.
Councilman Casilio said we hope to have our new safety vehicle on the road by Labor Day. Disaster Coordinator David Bissonette will be taking the disaster trailer around to the fire companies to show them the advantages to help us in disaster situations.
Arthur Fuerst requests an amended Development Plan Approval for a previously approved coffee shop/drive-thru at 9450 Main Street.
Jack Willert requests subdivision approval to create an additional residential building lot on Stage Road. James Callahan said the location is the south side of Stage Road, east of Ransom Road. The applicant previously received minor subdivision approval to split lots from the parent parcel. He is seeking to split an additional lot for residential purposes.
Louie's Car Clinic requests a Public Hearing to consider a Temporary Conditional Permit for vehicle sales display area at 9385 Main Street. James Callahan said the location is the south side of Main Street, west of Goodrich Road consisting of an existing auto repair facility. The Planning Board has forwarded a recommendation for two display vehicles in the front and one in the rear under a Temporary Conditional Permit.
Metzger Civil Engineering requests Concept Approval for a 4-Lot Open Development Area east of 8940 County Road. James Callahan said the location is the north side of County Road, west of Heise Road consisting of approximately 28 acres zoned Agricultural Rural Residential.
Waterford Village requests Final Site Plan Approval for Waterford Estates Phase III and for Waterford Commons Phase III. James Callahan said the location is the east side of Shimerville Road, north of Roll Road. The applicant has an approved Planned Unit Residential Development (PURD) and is seeking site plan approval for Waterford Estates Phase III including 37 residential lots and 74 lots for Phase III of Waterford Commons.
On the question, Sean Hopkins asked for clarification on item 6. Councilman Bylewski said that goes back to the understanding by the applicant with our Town Engineer that any additional work that they may be able to provide while on site. Mr. Latona said there is nothing more than that.
Motion by Supervisor Hallock, seconded by Councilman Kolber to grant a Fireworks Display Permit to Clarence Center Vol. Fire Company for September 2, 2007 having all proper fees and paperwork in order. Upon roll call – Ayes: All; Noes: None. Motion carried.
Amy Domzalski spoke regarding the Temporary Sign Law. Amy said she owns an 800 sq. ft. store at Harris Hill and Sheridan Drive and each day places a small portable sign out and brings it back in. She has been contacted by the Town that this sign is illegal unless she has a permit. The permit is only good for 30-day periods twice per year. She has contacted other businesses in the Town and they all agree that the law should be changed. She asked how she could go about having this law changed.
Motion by Councilman Weiss, seconded by Councilman Casilio to approve the following: Clubhouse Applications - A. Clarence Lions Club – Monthly meetings 2008; B. Federated Gardeners Group – 3rd Monday each month 2008; C. VFW Memorial Post 1200 – 2nd Tuesday each month 2008; D. Girl Scout Troop 642 – 2nd & 4th Monday each month 2008; E. Clarence Concert Association – 1st Monday each month; July 6, 13, 20, 27, 2008; F. Clarence Youth Bureau – Feb. 10, 2008; G. Clarence Soccer Club – 2nd Sunday each month 2008; H. Clarence Democratic Committee – Oct. 10 & 11, 2008; Legion Hall Applications – A. Richard O'Neill – Aug. 12, 2007; B. Clarence Democratic Committee – 2nd Monday each month 2008; C. Clarence Little League Football Association – 3rd Thursday each month 2008; D. Swallow Creek Homeowners – 2nd Tuesday quarterly 2008; E. Clarence Football Boosters – 1st Tuesday each month 2008; F. J. Michael Hens VFW Post 7870 – 4th Wednesday each month 2008; G. Clarence Republican Committee – 4th Tuesday each month 2008; H. Roselle LaBruna – March 22, 2008. On the question, Councilman Bylewski said he and other members of the Town Board are also members of the various groups, however this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of August 9, 2007 are approved for payment: General Fund - $82,102.69; Highway Fund - $31,355.16; Water District - $33,607.92; Lighting Districts - $1,152.38; Capital Fund - $209,412.73; Aquatic Growth District - $590.10; and Trust and Agency 203 - $1,041.00 for a total amount of $359,261.98. Upon roll call – Ayes: All; Noes: None. Motion carried.
There being no further business, Supervisor Hallock adjourned the meeting at 8:50 P.M.
Nancy C. Metzger