08/25/04


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, August 25, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:54 P.M. Councilman Ian McPherson led in the pledge to the flag, followed by a prayer read by Supervisor Hallock.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were 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 Kolber to approve the minutes of the previous meeting held August 11, 2004. On the question, Supervisor Hallock had two corrections: page 281, 4 th paragraph for an appointment to the Senior Center Board with “term to expire 9/30/04” should be 12/31/04; and page 284, second line should read “Mr. Piestrak said he does not have any problem with quitting time of 5:00 P.M. on Saturday.” Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize the transfer of funds from account A1355.0100 to account A9050.0800 in the amount of $7,618. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to approve the request for a Block Party to be held on Shadyside Drive on Saturday, September 25, 2004. All appropriate authorities will be notified. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to authorize the award of additional items of the Memorial Park Bid to Birch Grove Landscaping in accordance with their bid opened May 19, 2004 as follows: Award Bid Section A – Little League Fields in the amount of $320,968 minus (-$27,800) for Item 6 – Bleachers on Concrete Pads for a net total of Section A of $293,168. Award Bid Section B – Multi-Purpose Fields by adding Item 5-2.2 Gravel Parking Lot in the amount of $19,980. Award Bid Section C – Softball Fields by adding Item 5-2.1 and 5-2.2 Gravel Parking lots at the cost of $23,760 each for a total of $47,520. The total amount of this award is $360,668. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock read, with regret, a letter of resignation from John Hembrook as Security Officer due to an increased work schedule of another job.

Supervisor Hallock announced the opening for Security Officer PT. Qualifications are graduation from High School or equivalency diploma and A. Completion of a minimum of 60 semester credit hours with a major in criminal justice, law enforcement, police science or closely related field; or B. One year of experience as a security guard, military policeman or law enforcement officer or an equivalent combination of training and experience as defined by limits of A and B.

Supervisor Hallock read a letter from a resident who just concluded a ten-year term on the Board of the Town of Clarence Baseball Association. He had the pleasure of dealing with the Parks Department through Judy Shisler, Jean Ranney and previously with Karen Jurek to schedule and reschedule games. He can only imagine the trials with the weather related problems we seem to have every summer. He marvels at the consistently excellent field conditions on which they play. He can honestly say that Clarence has no equal.

Supervisor Hallock said she appreciated receiving this positive and complimentary letter. Sometimes we only hear the negative.

Supervisor Hallock received a letter from the County of Erie Department of Senior Services regarding the required site assessment of the Going Places Senior Transportation Program. It was determined that the Town of Clarence transportation program provides quality service to the elderly of Clarence. Out of the 17 steps listed, 16 were positive and the 17 th was not applicable. Supervisor Hallock said this is a commendation to the van driver Bob Anderson, the Senior Center, our Highway Department and her secretary Karen Jurek.

Supervisor Hallock said it was announced previously of an opening on the Ethics Board. The Town Board will accept applications until September 8 th.

Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize NYSEG to activate a total of nine (9) streetlights in the Meadowlakes Subdivision, Phases 13-15, located on Millcreek Drive and Willow Run Court, as per the NYSEG proposal and as per as-builts submitted, revised April 18, 2001 and approved on April 19, 2001. 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. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber to grant Town Board approval for the installation of additional lighting units as needed to enhance security in designated areas of the Town of Clarence. The funding will come from the appropriate Town Lighting District accounts. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson announced that the Chamber of Commerce award nominations are open for Citizen of the Year, Business of the Year, Organization of the Year and a new category, Young Leader of the Year. Applications are available in the Town Clerk’s Office or by calling the Chamber of Commerce.

Councilman McPherson announced that on Saturday, October 2 nd at 11:00 A.M., the Clarence Hollow Association will sponsor a parade to celebrate the end of the road construction project on Main Street in the Hollow area. The parade will begin at the Town Park to the Event Center where there will be other activities.

Councilman Bylewski said also on October 2 nd, Meals on Wheels will hold the Harvest Happening Monte Carlo Night from 7 to 11 P.M. at the Clarence Town Park Clubhouse on Main Street. Donations are $5 per person to include food and drinks. They are looking for people with experience dealing Black Jack.

Councilman Bylewski received Leader Status Report No. 104 for June and July 2004. They had recommendations and comments on the work plan for closure of the facility including monitoring well locations. A copy is available in the Town Clerk’s Office.

Councilman Bylewski referred to James Hartz to report on the action items being worked on while under the moratorium.

James Hartz said a public hearing on the new zoning law was held at the last Planning Board meeting, where they received some good comments from the public. They will be putting the finishing touches to it and it should be ready for a recommendation at the next Planning Board meeting.

The first draft of the Subdivision Law was distributed at that meeting.

The Adequate Public Facilities ordinance is moving forward. The consultant is preparing a draft for review.

Councilman Bylewski said the Planning Department and Planning Board have been putting in an extra effort over the last year regarding the draft of the Zoning Law. When the Master Plan was adopted three years ago, the first draft was initiated, the next year a second draft and this year Draft 3 and 4 and soon to be Draft 5.

Councilman Bylewski asked Mr. Hartz if the Planning Department has had more time to put into the drafting of the laws since the moratorium was put in place? Mr. Hartz said yes.

Motion by Councilman Weiss, seconded by Supervisor Hallock to set a Bid Date of September 8, 2004 at 8:00 A.M. for the purchase of a used road tractor for the Highway department to be used to move equipment throughout the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

Whereas, the continuation of the West Shore Line bike path system requires the construction of a pedestrian bridge across Ransom Road, a County Highway; and

Whereas, the County of Erie requires that the Town of Clarence obtain from the County, an easement over its Highway, Ransom Road; and

Now Therefore, Be It Resolved, that the Clarence Town Board hereby approves the installation of a Pedestrian Bridge over Ransom Road, a County of Erie Highway and agrees to the terms and conditions of the “Permanent Easement For The Construction and Maintenance of a Pedestrian Bridge” and the additional conditions as follows:

1. That the Town agrees to accept the easement on its terms and conditions, as granted by the County of Erie.

2. That the chain link pedestrian fence mesh size listed as 50mm on drawing PL-18 of the NYSDOT contract number D259260 plans be changed to 25mm per NYSDOT Standard Sheet BD-FD2R2.

3. That the Town specifically agrees that under no circumstances shall the Town’s use of the Easement interfere with the County’s or the public’s right to use Ransom Road for purposes of a public highway.

4. That the Town or its contractors will promptly remove from easement premises and from adjacent property any debris, clay or rocks that may fall from trucks or may be deposited temporally during the construction of said bridge foundations and the installation of the Pedestrian Bridge. All work – construction, land restoration and clean up shall be done to the satisfaction of the County Commissioner of Public Works.

5. That the Town will maintain or cause to be maintained the Pedestrian Bridge and its approaches constructed as above stated, including the control of debris, snow and ice on said Pedestrian Bridge and approaches. Town agrees to promptly remove from Ransom Road any debris, clay, rocks, snow, ice or other objects that may fall from the Pedestrian Bridge onto the highway.

6. That the Town will be responsible for the biennial structural inspection of the Pedestrian Bridge.

7. That if at any time the Town shall do or cause to be done any damage as the result of Town’s construction, installation, excavation, maintenance, repair, replacement, reconstruction or relocation activates as permitted hereunder, Town, at its sole cost and expense, shall restore said damaged area to the same condition that existed just prior to such damage.

8. That the Town agrees to indemnify and hold harmless the County from any and all claims, losses, liabilities, damages, actions, judgments, and expenses which either may sustain or for which either may become liable growing out of any injury to or death of any persons or damage to or loss of real or personal property arising out of or caused by the negligent acts or omissions of the Town under this grant.

Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to authorize the payment of a reward of $1,000 for information, which shall lead to the detection, arrest and conviction of a person or persons guilty of vandalizing the Meadowlakes Park Pavilion. On the question, Councilman Weiss said $1,000 is the maximum that the Town can pay. He is giving an additional $1,000 to add to the award for a total at this point of $2,000. He invited anyone else in the community to come forward if they would like to contribute. The costs from the damage are reaching $30,000. Councilman Bylewski thanked Planning Board Chairperson Pat Powers for suggesting this at the last Fire Chief’s meeting. Supervisor Hallock thanked Councilman Weiss for matching our statutory limit. Councilman Kolber said this is in regard to the damage that happened on the night of August 16, 2004 and discovered the morning of August 17, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber announced that Erie County Department of Environment & Planning is hosting a Household Hazardous Waste Drop-Off Day on September 11, 2004 at the Honeywell Company. Acceptable items for proper disposal are oil base paints, pesticides, solvents, gasoline, motor oil and antifreeze, lead acid and rechargeable batteries, propane tanks and cylinders, auto tires and mercury.

An Electronics Recycling Day will be held on September 18, 2004 at Praxair Company. Acceptable items include hard drives, monitors, keyboards and mice, printers, televisions, cell phones, fluorescent bulbs and ballasts, appliances and rechargeable batteries. These notices will be available in the Town Clerk’s Office.

Councilman Kolber said we are in the process of reviewing and making modifications to our applications and fees for pavilions and the clubhouse. Some are to refine things and the other is to consider fees for pavilions to help cover some of the costs for maintenance.

Councilman Kolber said a few weeks ago the fields at the Soccer Center were heavily damaged and have been pretty much restored. A few nights ago his son had a game there and one of the fields that was just regraded, seeded and fertilized was being used. This upset him very much. There was a significant amount of time and money spent to repair the fields.

Motion by Councilman Weiss, seconded by Supervisor Hallock that the Town Board demands that the Soccer Center stay off of the fields that were regraded, seeded and fertilized until they are allowed to heal. On the question, Councilman McPherson said the Parks Department has the authority to post the fields off limits. Supervisor Hallock said the Parks Crew Chief said the Soccer Center prevailed upon his authority. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said in regard to the article in the Buffalo News commenting on the supposed lack of speed in the planning process, we have made significant progress in our Planning Department and Planning Board in terms of working on our zoning and subdivision laws. That offends him, because a lot of people are putting a great deal of time and effort into it and that was just an insult.

Town Clerk Nancy Metzger received the Rural/Metro Medical Services Quarterly Report for April – June 2004, in accordance with their contract. This report will be on file in the Town Clerk’s Office.

Public Participation

Tim Toole, 5779 Forest Creek Dr. in Highland Farms spoke regarding item 13. He and several neighbors have concerns with the 4 th phase. He was told by Ryan Homes when he bought his home in 2002 that there would definitely not be any building behind him. He understands that you cannot stop building, but there are concerns regarding the layout of it. He has reviewed the file and the retention pond has increased in size and pushed further south than the original plan. They are concerned about mosquitoes and other problems that a pond can create. He requests that when the developer appears for approval, the retention pond is moved further east. It would not take much to move it back. They would also like to see 10 to 20 ft. of the tree line maintained as a buffer between the two areas.

Councilman Bylewski asked that his comments be made part of the file.

James Hartz said the name of the proposed project is Highland Park. Mr. Toole will receive notification of future meetings regarding the project.

Jeff Langenfeld, 5642 Field Brook Dr. said he has the same situation. They were told there would not be building back there because of the wetlands. They are asking that they do not strip all of the trees down. He wonders what they are doing with the drainage ditch. They would like to have their voices heard before they go in and do anymore. It is his understanding that they did not have a permit to do that.

Councilman McPherson said he believes many of the concerns will be addressed at that item.

Mr. Langenfeld said they were stopped, unfortunately after they took down quite a few trees.

Michael Tarbell, 4590 Shisler Rd. said he has been a neighbor of the Bronisz’s for over 16 years and he has no reason to believe that they would do anything detrimental to the neighborhood by having a lumber cutting business.

Councilman Bylewski said this is in regard to item 11 and he would like the comment incorporated into the Public Hearing.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for a lumber cutting business at 4611 Shisler Road. James Hartz said the location is the east side of Shisler Road, south of Main Street in the Agricultural Zone. The Planning Board recommended approval with the following conditions: 1. Cutting to be done in the daylight hours only. 2. Storage of the raw materials to be south of the pole barn in an area measured approximately 50’ x 100’. and 3. All equipment to be stored in the building.

Speaking to the subject:

(Comment made under Public Participation: Michael Tarbell, 4590 Shisler Rd. said he has been a neighbor of the Bronisz’s for over 16 years and he has no reason to believe that they would do anything detrimental to the neighborhood by having a lumber cutting business.)

Martin Bronisz added that he has received a permit to install a 6 ft. stockade fence along the eastern and southern property lines. They are also going to put in a berm of trees. This is a part-time business for him. It consists of a band mill on a trailer. He makes hardwood for use by people who build furniture. The noise would equate to that of a large lawn mower.

Councilman Weiss said in regard to the noise, he lives nearby and he never hears anything from there.

Mr. Bronisz said he would not have signage. He is not competing with the lumberyard nearby. He is trying to offset the cost of the saw and reclaims logs that might end up in a fire pit or landfill.

Councilman Kolber asked if there were any complaints from neighbors and Mr. Bronisz said not to him. Supervisor Hallock said she received a letter from a neighbor that was in favor of the operation. She asked if he is in agreement with the conditions. Mr. Bronisz said all he asks is that he be allowed to leave the saw in place outside for a few days because it takes 45 minutes to set up. He cleans up and puts it away when he is done.

Councilman McPherson said we have a policy of motor equipment operation between the hours of 7:00 A.M. and 7:00 P.M. Mr. Bronisz said that is not a problem.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman McPherson to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Weiss to grant a Temporary Conditional Permit for a lumber cutting business at 4611 Shisler Road with the conditions of the Planning Board of cutting to be done in the daylight hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday; Storage of the raw materials to be south of the pole barn in an area measured approximately 50’ x 100’; and all equipment to be stored in the building with possible exception of when the saw is set up; no Sunday operation; and no signage. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for outside display of recreational vehicles at 10295 Main Street. James Hartz said the location is the south side of Main Street, east of Shisler in the Commercial Zone. Don George said after 35 years, he was surprised to learn he needed a permit and wondered what changed. Councilman McPherson said when the sidewalks went in. Supervisor Hallock said there was no law change, it is the pedestrian traffic now. James Hartz said the areas to be used are hatched out on the drawing.

With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. On the question, Councilman Weiss said he will recuse as Mr. George’s attorney also does work for a few of his companies. Upon roll call – Ayes: Councilmembers Kolber, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

Councilman Bylewski said he is not looking for additional display area, just to have the flexibility when there is snow. Mr. George said that is correct.

Councilman Kolber suggested setting a number of items that can be displayed. Mr. George said there is always a different amount and sometimes they are on trailers. James Hartz said they have found that setting a specific number of items is sometimes difficult to enforce. They have been defining an area for display instead. Mr. George said he has been here for 35 years and he certainly is not going to make his place into a junkyard. Councilman Kolber said he is concerned about the display all across the front.

Councilman Bylewski said during the summer the display is only in front of the store and in the winter it may be over further.

Councilman Kolber asked why this was not for a Temporary Conditional Permit and Mr. Hartz said this is what he applied for. Mr. George said he will do whatever, as long as the law applies to everybody in the same way.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Special Exception Use Permit for outside display of recreational vehicles at 10295 Main Street with the display area to be limited to the designated areas in front of Don George’s, as well as, along the east side of the property that borders Teso’s property and excluding the area in front of the Courtyard. Upon roll call – Ayes: All; Noes: None. Motion carried.

Cimato Enterprises requests clearing permits for Highland Park Subdivision, Waterford Estates Phase 2 and Waterford Commons Phase 2 to clear topsoil in advance of Development Plan Approval and Site Plan Approval. James Hartz said these two subdivisions were conceptually approved by the Planning Board and rezoned. They are waiting for Health Department permits for the sewer and water lines before the Planning Board will review the development plan submission.

Jeff Palumbo, Renaldo and Palumbo was present representing the applicant. He has been here previously representing Waterford, but not Highland Park. With respect to Waterford, they do have Clarence Engineering approval and Health Department approval. The site plan for both Waterford Commons and Waterford Estates is consistent with the development plan previously approved for the entire site.

Councilman McPherson asked if he heard the concerns of the neighbors? Mr. Palumbo said he does not know anything about that subdivision. He has not been involved in Highland Park and cannot speak to those issues.

James Hartz said the concept plan for Highland Park was approved by the Town Board 2-3 years ago. The delineation of the pond in the development plan submitted now shows a much larger retention pond. It is intended to be dry most of the year and is about a 4 ft. depression from the average grade of the land. If these development plans were approved, they would not be able to maintain a buffer. Councilman McPherson asked if the buffer was discussed when the original concept plan was discussed. Mr. Hartz said not to his recollection. Councilman Bylewski said there still is not development plan approval. Councilman McPherson said the concern is if you go and clear the whole thing, you would have to install a buffer.

Councilman Weiss asked why his client was clearing before they had development plan approval? Mr. Palumbo said he apologizes, but he has not been involved with Highland Park.

Councilman Bylewski said we have had many problems when it comes to fill in the Town. The application is for Clearing Filling and Grading, which requires the Planning Board to look at this action and possibly hold a public hearing. James Hartz said under this law, there has to be a public hearing with notification to the public.

Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for clearing permits for Highland Park Subdivision, Waterford Estates Phase 2 and Waterford Commons Phase 2 to clear topsoil in advance of Development Plan Approval and Site Plan Approval to the Planning Board. On the question, Councilman Bylewski said under the Clearing Filling and Grading Law, Section 79-7, it talks about the Town Board ‘s permission to clear, fill or grade property for land development, but not prior to applying for an approved subdivision plan. Jeff Palumbo asked if there has been a request for a Clearing Filling and Grading Permit before this one, and if so, do they get referred to the Planning Board for a permit? James Hartz said this law has been in effect since 1999. We also have the Dumps and Dumping law that people apply for filling operations, which do not require a public hearing. Councilman Bylewski said it does say that the Town Board can refer to the Planning Board for review. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the residents will also receive notification of this item when it is on the Planning Board agenda.

Mark Dean requests a Building Permit and Architectural Approval for construction of a 1,175 sq. ft. addition to the existing professional office at 8660 Sheridan Drive. James Hartz said the location is in the Commercial Zone just east of Meadowbrook Road. This is the first time appearing on an agenda.

Mark Dean said they are proposing extensive interior and exterior renovation and an addition to the existing building. The greenspace looks to be over 50% of the site. The building will be brick in combination with stucco. There are engineering issues to be resolved. There is adequate parking.

Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a Building Permit and Architectural Approval for construction of a 1,175 sq. ft. addition to the existing professional office at 8660 Sheridan Drive subject to landscaping, engineering and building review and approval, and commercial open space fee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Bob Reggentine requests a Building Permit and Architectural Approval for construction of a 3,120 sq. ft. addition to an existing commercial facility at 9920 Main Street. A representative and Dave Thomas owner were present. The addition is for more space only. The material to be used is metal and is behind the building. It is 25.56 ft. from the rear property line.

Councilman Kolber said he would like to see something more aesthetically pleasing abutting the residential area.

Motion by Councilman Kolber, seconded by Councilman Weiss to refer the request for a Building Permit and Architectural Approval for construction of a 3,120 sq. ft. addition to an existing commercial facility at 9920 Main Street to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Summit Federal Credit Union requests Concept Plan Approval for construction of a new financial institute at 5641 Transit Road. James Hartz said the location is the Arby’s site on Transit Road, north of Roll in the Major Arterial District. The plan is to demolish the existing buildings on the property.

Representatives and property owners were present. They intend to use the existing utilities on the site. Approximately 41% of the property will be greenspace.

Motion by Councilman Kolber, seconded by Supervisor Hallock to refer the request for Concept Plan Approval for construction of a new financial institute at 5641 Transit Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant a Fireworks Display Permit to Brookfield County Club for September 4, 2004. All proper paperwork and fee are in order. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence Wrestling Booster Club – Oct. 8, 2004; B. Clarence Contemporary Club – Oct. 18 & 19, 2004; C. Clarence Garden Club – Oct. 28, 2004, 2 nd Thurs. Jan. Mar. & June, and 3 rd Wed each month 2005; D. Clarence Cub Scout Pack 93 – Jan. 21, Feb. 13, 2005; E. Clarence Democratic Committee – Oct. 14 & 15, 2005; F. Sisters of St. Joseph – March 12 & 13, 2005; G. Clarence Hollow Association – Oct. 15 & 16, 2005 and Legion Hall Applications – A. Robert Diederich - Oct. 17, and Dec. 4, 2004; B. Dawn Andres – Oct. 24, 2004; C. Girl Scout Troop 1498 – 3 rd Friday Sept. – Dec. 2004 and 3 rd Friday each month 2005; and D. Clarence Democratic Committee – 2 nd Monday each month 2005. On the question, Councilman Bylewski said he is a member of E. & G. of Clubhouse and D. of Legion Hall. This is ministerial, so he will be voting. Councilman Weiss said he is a member of G. also. 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 26, 2004 are approved for payment: General Fund - $105,379.50; Highway Fund - $83,778.52; Water District - $1,409.47; Lighting Districts - $978.34; Sewer Districts - $1,890.00; Capital Fund - $18,418.02; and Special Revenue Fund - $1,200.00 and Trust & Agency - $774.47 for a total amount of $213,828.32. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Councilman Bylewski said one of the major areas of concern lately is the vandalism in the Town. The Town is in the process of revamping security to deal with the issue. He encourages the residents to get involved and be active.

Supervisor Hallock said she has been in contact with the Erie County Sheriff’s Department regarding neighborhood watch programs. She has the contact person and number if anyone is interested.

Henry Becker, 9490 Keller Road said there was a question a while ago about the quality of fill that is brought into the Town. He does not know if we have a policy but we should do something about checking fill when it comes into the Town.

Councilman Kolber said we do require that they tell us where the fill is coming from and also let us know if they have a change in source of the fill.

Phil Arno, 9930 Keller Road said there is a breaking of ground near the intersection of Kraus and Keller for a number of rental properties. The entire area currently consists of single-family homes owned by the residents. The adjacent neighbors do not feel the rental property catering to transient population will fit in and probably bring property values down.

Councilman Bylewski said the property is zoned Agricultural and is the only area which allows for two-family homes. We are in the process of changing that.

Mr. Arno asked if the property owners in that area were affected, would the property taxes be adjusted? Councilman McPherson said historically, property values have not been affected by conditions as described. Supervisor Hallock said generally, if one house sells for less value, there would have to be more to trigger a reassessment.

There being no further business, Supervisor Hallock adjourned the meeting at 9:25 P.M. in memory of Jane Gilmore, sister and aunt of Town employees.

Nancy C. Metzger

Town Clerk