08/10/05



Regular meeting of the Town Board of the Town of Clarence was held Wednesday, August 10, 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 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, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Asst. Director of Community Development James Hartz, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held July 27, 2005 as received. On the question, Councilman McPherson said on page 238 regarding the motion to reconsider the Casilio matter, he is changing his vote from aye to nay. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution:
          Whereas, pursuant to New York General Municipal Law section 85, a municipal corporation, may by resolution, provide for the imposition of service charge on returned checks, where a tendered payment of such account was dishonored by a bank or depository institution; and
          Whereas, New York General Municipal Law also provides that said charge shall be determined and set by resolution by the governing body from time to time as appropriate but shall not exceed the maximum charge for dishonored checks authorized under section 5-238 of the New York General Obligations Law; and
          Whereas, New York General Obligations Law section 5-328 provides that the maximum fee allowed to be charged for a returned check is twenty dollars ($20.);
          Now therefore, be it
          Resolved; that, pursuant to the provisions of New York General Municipal Law section 85 and New York General Obligations Law section 5-328, the Clarence Town Board increases the amount of the fee to be charged for returned checks to twenty-dollars ($20.), the maximum amount allowed by law.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following transfer of funds for the Town Code update: transfer of $5,265 from A1420.471 Legal and Professional fees to A1410.424 Town Code Update in the General Fund. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to grant approval for a Block Party to be held Sept. 17, 2005 from 3 – 11 pm at 5410 Shadyside Drive. On the question, Supervisor Hallock said her office will notify all appropriate agencies. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant approval for a Block Party to be held Aug. 13, 2005 from 1 – 8 pm on Amy Leigh Lane. On the question, Supervisor Hallock said her office will notify all appropriate agencies. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that she gave approval for a Special Event Request last week for Fireside Drive, as it was a last minute request.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the recommendation by Animal Control Officer Jerry Schuler for adoption fees for exotic animals now housed at the animal shelter. On the question, Supervisor Hallock said the amounts will be based on Jerry’s experience and knowledge of the market. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that we received a grant from Assemblywoman Sandra Lee Wirth in the amount of $10,000 for two vehicles for use by the Town Security Department. The one John Deer Gator is being using on the bike path in the southern part of Town. Our Chief Security Officer said the other one should be ready today or tomorrow. He reported many positive comments from patrons on the bike path. Thanks again to Assemblywoman Wirth for the grant.

Supervisor Hallock received a letter from the County Department of Health regarding the rabies vaccine baits being distributed in parts of Erie County by either helicopters or fixed-wing aircraft. The purpose is to reduce the incidence of rabies in wildlife population, particularly raccoons. The bait is not harmful to people, pets or wildlife. The program is administered by the Health Diagnostic Laboratory at Cornell University in cooperation with State and County Departments of Health, NYS Department of Agriculture and Markets, the USDA, the DEC and the Ministry of Natural Resources in Ontario. If anyone would like more information, they can call the Erie County Department of Health at 858-7677.

Councilman McPherson said that during the approval of the minutes, he changed his vote on the referral to the MRC from aye to no because of a procedural problem he had with it. His understanding at the time was that it was a vehicle coming from the Planning Board. He found out that the letter was written by someone who was not at the MRC meeting and was written after a meeting with Councilman Bylewski and Planning Board member Tim Pazda. He thinks it should have been requested by the Planning Board and at least in consultation with the chairman of the MRC.

Councilman McPherson announced that he will be attending a meeting of the Erie County Sheriff’s on August 15th to discuss the road patrol policy for towns. This is an informational meeting to discuss the details of the possibility of charging the towns for patrols.

Councilman McPherson announced that on August 27, 2005 at 9:00 am will be the Brian Rybarczyk 5K run/walk at Brennan’s Restaurant to sponsor a research grant to fight angiosarcoma, a rare form of cancer. The goal is to raise $25,000. Everyone is invited.

Councilman McPherson said Buffalo Crushed Stone has purchased a new monitoring device for blasting. It measures and records each blast. He recognized Jamie Hypnarowski, the community relation person who has contacted our residents who have had concerns.

Councilman McPherson said the Senior Center has submitted their proposed budget, which he has given to the Supervisor. He has also asked that members of the Senior Center Board of Directors be given the opportunity to present their concerns and preferences.

Councilman McPherson received a letter from the New York State Department of Transportation regarding the roadwork that is going to be done on Transit Road from Aero Drive to Route 5. They submitted a “Notice of Preferred Alternative and Availability of Finding of No Significant Impact” pertaining to the project.

Councilman McPherson said the Senior Center is going to declare a pool table as surplus and then will advertise it for sale.
          He commends the Clarence Parks Department for the great work they did on the canopy at the Senior Center that was hit by a truck last year. They rebuilt the underside and it looks great.
          Councilman McPherson said we will also be transferring a kiln from the Youth Center to the Senior Center because it will get more use there.

Motion by Councilman McPherson, seconded by Supervisor Hallock to accept, with regret, the resignation of Susan Ballard from the Senior Center Board. On the question, Councilman McPherson said due to this resignation, we will be accepting applications for the next month. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock thanked Councilman McPherson for attending the meeting with the Sheriff’s Department, as she is unable to attend.

Councilman Bylewski received the Central Fire Alarm Office July 2005 Operations Report. Town of Clarence fire companies responded to the following: Miscellaneous Fires – 11; EMS Calls – 103; Motor Vehicle Accidents – 15; and Miscellaneous Calls – 45 for a total of 174 alarms.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the Town of Clarence has utilized the services of the Western New York Land Conservancy in support of the Clarence Greenprint/Open Space Bond Act, and
          WHEREAS, the Western New York Land Conservancy has identified an hourly rate to cover costs associated with administration of the Clarence Greenprint for the calendar year 2005, and
          NOW THEREFOR BE IT
          RESOLVED, that the Town Board of the Town of Clarence authorizes the Supervisor to enter into a contractual agreement with the Western New York Land Conservancy for the calendar year 2005 for administrative support under the Town of Clarence Greenprint/Open Space Bond Act at a rate not to exceed $40 per hour and not to exceed 25 hours per month according to the proposal dated 5/18/05.
          On the question, Councilman Bylewski stated that the budgeted amount to cover cost of services is identified in the Planning and Zoning Department 2005 Budget.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept, with regret, the resignation of Christine Pfund from her position in the Planning & Zoning Office effective August 19, 2005. On the question, Councilman Bylewski expressed his appreciation for the work she did for the Town and wishes her well with her personal issues. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski turned to James Callahan for the 32nd update of the action items while under the moratorium.
          James Callahan reported the following:
          Subdivision Law – Planning Board completed review of Draft 4. Planning & Zoning Department finalized Draft 5 based on the comments received. Anticipate that the Planning Board will be forwarding a recommendation for adoption at the next meeting.
          Adequate Public Facilities Law – Municipal Review Committee is reviewing the proposed ordinance and proposed changes to the Master Plan 2015. The coordinated review should be completed by their September meeting.
          Parks & Recreation Master Plan – The action plan is under review by the Recreation Advisory Committee.
          Tree Law Draft – Planning & Zoning Department is near completion.

Councilman Bylewski said we received the Single Family Dwelling Statistics for July 2005 as follows: 3 permits issued in subdivisions; 8 permits outside of subdivisions for a total of 11 permits issued. The year-to-date as of July are 44 permits issued in subdivisions and 31 outside of subdivisions. Permits issued July 2004 were 14 in and 5 out. The year-to-date as of July 2004 was 76 in subdivisions and 35 outside. Councilman Bylewski said building is proceeding, while at a reduced rate, while we are under the moratorium.

Councilman Bylewski announced that the Clergy Association will be holding their annual crop walk on September 25, 2005 beginning at Zion Lutheran Church at 1:00 P.M. The walk proceeds to Railroad Street down to the bike path between Meadowlakes Park and Strickler Road. He asked that the Supervisor notify the proper authorities.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Youth Center Director and the acting Chairperson of the Youth Center Board of Directors, to appoint the following to the Youth Center Board: Nancy Rehak, term to expire 12/31/05; and Jerry Hardick with term to expire 12/31/07. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for September 14, 2005 at 7:50 P.M. to consider adoption of a Local Law entitled “Regulating Backyard Burials in the Town of Clarence, New York”. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for September 14, 2005 at 7:55 P.M. to consider adoption of a Local Law entitled “Town of Clarence Open Meetings Law”. On the question, Councilman Bylewski said this has come about as recommendations by the Director of the Committee on Open Government of New York State, Robert Freeman for the New York State Legislature to enact. The Legislature has not enacted these recommendations. Mr. Freeman said towns could enact them through local laws. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for September 14, 2005 at 8:00 P.M. to consider adoption of a Local Law entitled, “Freedom of Information, Access to Records”. On the question, Councilman Bylewski said this has come about as recommendations by the Director of the Committee on Open Government of New York State, Robert Freeman for the New York State Legislature to enact. The Legislature has not enacted these recommendations. Mr. Freeman said towns could enact them through local laws. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize payment of the connection fee for the Heise-Brookhaven Trunk Sewer, per the contract provision, in the amount of $100,000 to be paid from Clarence Sewer District No. 9 bond funds. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the Highway Department to cut down a dead tree at the Clarence Center Fire Company. The stump and branches will be removed and the wood will be left on the site. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that a meeting of the Day In The Park committee will be held on Friday, August 19, 2005 at 8:00 am to discuss preparations for next year. Any group interested is invited to participate.

Councilman Weiss thanked Paul McCarthy and his group at the Chamber of Commerce for the Taste of Clarence event. They did a great job.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant permission for Assessor David Folger to attend the NYS Assessment Conference to be held in Rochester, New York September 11 – 14, 2005 with all necessary and reasonable expenses and use of a Town vehicle. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said he received a letter from Assessor David Folger regarding the STAR exemptions for the Town of Clarence. The Senior STAR exemption is going from $50,000 to $53,970, and the Basic STAR exemption is going from $30,000 to $32,380. This is a result of our assessment figures. The three school districts are being recertified with these numbers, as well.

Councilman Kolber said he mentioned a few weeks ago about recycling of the paper in the Town offices. He was notified by a company that would like to drop off a recycling container and they will pick up every week or two.

Councilman Kolber said the Clarence Library has found out that their funding will be reduced by $25,000 in the last quarter of this year. They have worked very hard to find ways to reduce costs, while providing service. They will be looking for volunteers to help out.

Motion by Councilman Kolber, seconded by Councilman McPherson to appoint Chuck Eckert to the Northeast Solid Waste and Recycling Committee with term to expire 12/31/05. Upon roll call – Ayes: All; Noes: None. Motion carried.

Town Clerk Nancy Metzger stated that she received the July 2005 Final Design Report/Environmental Assessment document for the proposed design of Transit Road from Aero Drive to Route 5 (Main St.). The document is available in the Town Clerk’s Office.
          A Public Hearing was held to consider a Special Exception Use Permit for Walgreen’s to construct a 10,000+ sq. ft. drug store with a drive-thru at 6785 Transit Road. James Callahan said the location is the northeast corner of Transit Road and County Road consisting of approximately 3.3 acres in the Traditional Neighborhood District. A Negative Declaration was issued April 27, 2005. The Zoning Board of Appeals granted an area variance to allow for parking in the front of the proposed building. A Special Exception Use Permit is required for a structure over 10,000 sq. ft. and for a drive-thru facility.
          Sean Hopkins, Attorney and Andy Hunt, applicant were both present. Mr. Hopkins said his client has not closed on the property as yet. The Planning Board made it very clear from the start of the project, that the zoning change from Major Arterial to Traditional Neighborhood District would take place. They will not be using the entire site for this project. The project incorporates a great deal of the input received from the Planning Board and Municipal Review Committee. Mr. Hopkins said there is parking on all four sides of the building. A decorative brick wall will extend the full length of the frontage on both Transit Road and County Road. It will be fully landscaped. The building will be approximately 15,000 sq. ft. in size.
          Mr. Hopkins said they have tried to incorporate design elements of the Traditional Neighborhood zoning classification. The Planning Board asked them to look at other buildings in that area, specifically the Swormville Fire Hall. The building will be all brick with a decorative wall for screening. The light standards will be decorative low-level lights. A fence will be installed along the east side property boundary and they will meet with the neighbors to see what they would want. Nearly half the site will be greenspace.
          Mr. Hopkins said there is adequate parking on the site with the loading area behind the building. The drive up window will have sufficient stacking for traffic flow of 8 to 10 spaces. Mr. Hunt would like to start the project as soon as possible. The neighbors would like to see the property cleaned up. Once the property closes, the cleanup will begin.
          Councilman Bylewski said his only concern is that the project complies with the SEQR requirements. James Callahan said the Negative Declaration stated that the project should conform to the existing Traditional Neighborhood District and current zoning laws. The process of going through the variance identifies that the character of the area would not be significantly disturbed. The Negative Declaration remains in force. Town Attorney Steven Bengart agrees. Councilman Weiss said he believes this project provides a good transition from the big box store area to the Traditional Neighborhood. His other suggestion was to put windows in the cupola rather than louvers. He thinks this is a good project.
          Councilman Kolber asked Mr. Hunt if his father was involved in this project. Mr. Hunt said he is not.
          Mr. Hunt said they will definitely, at least, have the site demolished and cleaned up this fall.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          RESOLVED, that after a public hearing duly held on August 10, 2005, and after all interested parties being heard, the Clarence Town Board approves the request by the applicant, Walgreen’s, for a Special Exception Use Permit for the construction of a new 10,000 square foot drug store located at 6785 Transit Road, with a drive-thru facility, deed restriction regarding the permanent open space on the northern portion of the site as designated on the site plan and the suggestion of windows in the cupola.
          On the question, Councilman Kolber said he agrees this is a good transitional project. In the past, Councilman Kolber said he recused from voting on this project because he is in a professional relationship with Andy Hunt’s father, but he is not involved in this project.
          Supervisor Hallock asked if the deed restriction should be part of this motion or separate? Town Attorney Steven Bengart said he sees no reason not to include it.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Sean Hopkins thanked James Hartz for incorporating his power point presentation into the Town’s laptop presentations for tonight.

Hayes Fish Market requests approval for a Parking Lot Expansion and a Public Hearing for a Temporary Conditional Permit for Outside Dining at 8900 Main Street.
          James Callahan said the location is the northwest corner of Main Street and Shimerville Road consisting of 1.4+/- acres in the Traditional Neighborhood District.
          Frank Wailand, representing the applicant said they need more parking. There is enough greenspace on the site to accommodate additional parking. They propose an entrance drive and an exit drive. Supervisor Hallock said they had discussion on the need for signage. Mr. Wailand said signs on the property will be addressed.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for September 14, 2005 at 7:45 P.M. to consider the request for a Temporary Conditional Permit for outside dining at Hayes Fish Market, 8900 Main Street. On the question, Councilman Bylewski said in the past given his prior firm affiliation with the applicant he had to recuse himself. He is now affiliated with a different firm and it is not a conflict of interest. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board approves the request of the applicant, Hayes Fish Market, located at 8900 Main Street, for the expansion of the existing parking lot area along Shimerville Road with the following condition: 1. Town Engineer review and approval of the drainage impact associated with the increased blacktop area.
          Upon roll call – Ayes: All; Noes: None. Motion carried

Benchmark Group requests Development Plan and Architectural Approval for redevelopment of Clarence Mall to The Shops at Main/Transit at 4401 Transit Road. James Callahan said the location is the northeast corner of Main and Transit consisting of 30 acres zoned Major Arterial and Commercial. All departmental and regulatory agency approvals are in order.
          Martin DelleBovi, Benchmark Group; William Schutt, Engineer; and Connie Lydon, Landscape Architect were all present. Mr. DelleBovi said they have been working with various agencies to redevelop the Clarence Mall site. Demolition of part of the site has begun. They will be redeveloping about 270,000 sq. ft. of shop space. Bed, Bath and Beyond will be using a new space on the site. They are doing extensive renovations to the parking field, site lighting, facades of existing shops and building some new shops. There will also be extensive landscaping done throughout the site.
          Councilman Kolber said he loves what is being done, but his concern is whether there is enough landscaping.
          Mr. DelleBovi said they have received approval from the Landscape Committee of their landscape plans submitted. The quality of the landscaping is going to be significant. The type of plantings that they use will make it a very nice gateway into the community. They are separately bidding out the landscaping and Connie Lydon will supervise the installation.
          Councilman Bylewski said his concern is to have and create a sense of place. It would be nice to have something at the end of the boulevard effect that would give it the sense of place. Connie Lydon said they have a meeting set next Tuesday at which time they will be reviewing plans for that area of the courtyard near Brennan’s. They are trying to create the sense of place in that area. Part of the contract includes a 2-year guarantee to make sure it is well established.
          Councilman Kolber asked about the status of the Eastern Hills connector road? James Callahan said they have been working with the applicant regarding the corridor on the east side of the property, but it is not part of this phase of the project. Supervisor Hallock added that all of the property owners in the area are working on that together.
          Mr. DelleBovi said in regard to the boulevard, Connie has done a nice job. She has concentrated on landscaping at all of the entrances to the center. The only thing they did not do is to bring the tree line all the way up to the center because of the disbursement of the traffic to different areas.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock To adopt the following resolution:
          Resolved, that the Clarence Town Board approves the request of the applicant, Benchmark Group, for Development Plan and Architectural Approval for redevelopment of the Clarence Mall, located at 4401 Transit Road, to The Shops at Main/Transit, subject to the following conditions: 1. Conditions of the Town Engineer. 2. Additional fire hydrants to be installed as identified on Final Development Plans. 3. Private Improvement Permits. 4. Open Space Fees for new construction. 5. Landscape Plan as approved by the Landscape Committee to include an element to terminate the vista along the main boulevard at the apex.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

International House of Pancakes requests Concept Plan Approval for development of an out parcel at The Shops at Main/Transit into a new restaurant at 4401 Transit Road. James Callahan said this project is for an out parcel at this location zoned Major Arterial.
          Andrew Terragnoli, Engineer stated that his client proposes a 180-seat restaurant approximately 5,000 sq. ft. in area. It will be open 24 hours.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request by International House of Pancakes for Concept Plan Approval for development of an out parcel at The Shops at Main/Transit into a new restaurant at 4401 Transit Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Tim Krantz requests Development Plan Approval for a 4-Lot Open Development Area at 9086 Lapp Road James Callahan said the location is the north side of Lapp Road opposite Heise Road consisting of over 100 acres zoned Agricultural.
          Tim Krantz is proposing three additional 30-acre lots.
          Motion by Councilman Kolber, seconded by Councilman McPherson to adopt the following resolution:
          RESOLVED, that the Clarence Town Board grants Development Plan Approval to the applicant, Tim Krantz, for a 4-lot Open Development Area located at 9086 Lapp Road subject to the following conditions: 1. Subject to the conditions of the Town Engineer. 2. Open Space and Recreation Fees. 3. Utilities to be installed underground. 4. Parcels to be deed restricted so as not to encroach into Federal Wetland Reserve Area. 5. The installation of three (3) fire hydrants as depicted on Final Development Plans as submitted. 6. Homeowners Agreement to be reviewed and approved by the Town Attorney.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Frank Rivett and Hank Stockwell request Development Plan Approval for a 23-Lot Residential Subdivision, Strickler Estates. James Callahan said the location is the west side of Strickler Road between Greiner and Clarence Center consisting of approximately 80 acres zoned Agricultural and Rural Residential. All regulatory agency approvals are in order.
          Bill Schutt, Wm Schutt & Associates and Frank Rivett were present. Bill Schutt said this project is one of the first to address Master Plan 2015 initiatives. This project is being presented with septic systems. The development of this subdivision is limited to four lots every three years. The Health Department has given full approval of all of the septic designs for the project. The issue is public versus private roads. Mr. Schutt said this project has been presented as a public road from day one. It has been approved by the Planning Board as such.
          Frank Rivett, 5845 Kraus Road said he is one of the partners in the project and his property borders on the site. Their intent is to have a rural country setting with large lots and lots of greenspace. He believes the build out of the 23 lots will be 9 to 12 years. Mr. Rivett feels this project is the epitome of the vision of Master Plan 2015. They have filled the requirements of concerned agencies.
          Councilman Kolber said he does not like to see it as a public road and all of the driveway cuts. Mr. Schutt said it is troubling that this is brought up at the last moment.
          James Callahan said there are minimum standards for open developments. This project goes beyond that. It is being addressed in the proposed subdivision law.
          Councilman Bylewski said under the new zoning and for a new project, we could require clustering be done. The issue of septic versus sewer has been addressed given the type of development with large lots and gradual build out, as opposed to a full blown out development. This project is in compliance with the Master Plan. In regard to the public versus private road, going forward, if we have a project come in, the question is what public benefit would the road provide. This particular project was proposed as, and has gone through all of the approvals as a public road.
          Councilman Weiss said in the future he would like to see this type of project as a private road. His only other concern was the types of soil with the septic systems. Councilman Bylewski added the proximity to Ransom Creek causes concern. The maintenance of the systems is what will be important in the future. Bill Schutt said Erie County Health Department inspects the systems.
          Town Attorney Steven Bengart said something could be added to the homeowner’s agreement that would cover maintenance of the septic systems in the future and give private rights amongst individuals to make sure the creek is taken care of.
          Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution:
          Resolved, that the Clarence Town Board approves and grants the request of the applicants, Frank Rivett and Hank Stockwell, for Development Plan Approval for a 23-lot residential subdivision, Strickler Estates, located at 5870 Strickler Road, subject to the following conditions: 1. Conditions of the Town Engineer. 2. Recreation and Open Space Fees. 3. Homeowners Agreement to be reviewed and approved by the Town Attorney. Agreement to contain a provision for maintenance of septic systems. 4. Landscaping per approved Landscape Plan by the Landscape Committee. 5. Four lots every 3 years for parcel under 5 acres per NYS Realty Subdivision Law. 6. Traffic Safety Committee to review traffic concerns reported by neighbors.
          On the question, Councilman Kolber said he does not agree with the public road, but feels his hands are tied.
          Councilman Weiss said he will vote nay so that when we look forward we do not accept all of these roads at the taxpayers expense.
          Upon roll call – Ayes: Councilmembers Kolber, Bylewski, McPherson and Supervisor Hallock; Noes: Councilman Weiss. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following: Clubhouse Applications – A. Matthew Morehouse – Sept. 10 & 11, 2005; B. Clarence Holiday Valley Ski Club – Oct. 23, 2005; C. Girl Scout Troop #973 – Nov. 12, 2005; and Legion Hall Applications – A. Carol Marnalse – Aug. 13, 2005; B. CSEA Blue Collar Unit – Oct. 5 & Dec. 2, 2005; and C. Barbara Arnold – Nov. 25, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of August 11, 2005 are approved for payment: General Fund - $253,003.96; Highway Fund - $74,469.38; Water District - $33,854.98; Central Alarm - $198,617.28; Fire Districts - $2,741.04; Capital Fund - $137,178.95; and Trust & Agency 203 - $14,252.77 for a total amount of $714,118.36. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Tim Pazda, Country Club Dr. offered his compliments to the Chamber of Commerce event held this past Monday. The park was filled with beautiful cars and great food. It is nice to see such an event grow in such a short time.

There being no further business, Supervisor Hallock adjourned the meeting at 9:05 P.M. in memory of retired New York State Trooper Bruce Bell.

Nancy C. Metzger
Town Clerk