A Work Session of the Clarence Town Board was held on September 14, 2005 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 member’s Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Town Attorney Steven Bengart, Director of Community Development Jams Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Confidential Secretary to the Supervisor Karen Jurek and Director of Administration and Finance Pam Smith.
Director of Community Development – James Callahan
Hayes Fish Market 8900 Main Street
Applicant requests a Temporary Conditional Permit for Outside Dining. The applicant is proposing a glass enclosed patio area. Hours of operation should be set as well as any other conditions to ensure that there are no significant impacts to any neighboring residential uses. The initial approval is for one year.
Moe’s Southwest Grill 5063 Transit Road
Applicant requests a Temporary Conditional Permit for Outside Dining. Hours of operation should be established. Initial approval is for one year.
Formal Agenda Items:
CAM Services 10169 Main Street
Applicant requests a Building Permit and Architectural Approval for a 1,280 square foot addition to existing commercial building. The proposed site is located on the south side of Main Street, west of Shisler Road in an existing residential and commercial warehouse facility located on 1.28 acres in the Traditional Neighborhood District. The architectural style will be enhanced to provide pitched roof and vinyl siding facing Main Street.
David DeMarie 8765 Sheridan Drive
Applicant requests Concept Plan approval for construction of a new 11,000 square foot dance studio. The proposed site is located on the south side of Sheridan Drive, east of Shimerville Road and west of Dynabrade. There is an occupied private residence on the site, which will remain.
Greg Orffeo 4655 Ransom Road
Applicant is requesting a fill permit to fill the rear portion of his existing residential property to create more yard area. The proposed site is located on the east side of Ransom Road, north of Stage Road zoned Residential. Engineering should review any drainage issues.
Tim Kulbacki 10480 Keller Road
Applicant is requesting a fill permit to fill front portion of existing vacant lot in advance of a future single family home. The proposed site is zoned Agriculture Rural Residential containing ten acres.
Gallagher Print Shop 9185 Main Street
Applicant requests a Building Permit and Architectural Approval for construction of an addition to existing print shop. The proposed site is located on the south side of Main Street, west of Thompson Road on 3.6 acres in the Commercial Zone. Architectural style to match existing structure.
Work Session Items (for consideration on 9/28/05)
Country Park Day Care 8469 Sheridan Drive
The proposed site is located on the south side of Sheridan Drive, west of Harris Hill Road. The existing facility is located on approximately 1 acre in the Restricted Business Zone. Applicant is requesting a Building Permit and Architectural approval for construction of an addition to existing day care facility.
Uncle Bob’s Self Storage 8161 Main Street
Applicant requests a Building Permit and Architectural approval for construction of a new office building at existing self-storage facility. The proposed site is located on the south side of Main Street, east of Auto Place in a commercial classification.
Bubble Boy Car Wash 6705 Transit Road
Requests Development Plan approval for construction of a new car wash facility. All regulatory agency and department approvals will need to be in order to allow the project to move forward.
Greiner Road Associates 8955 Roll Road
Requests Concept Plan approval for a 5-lot Open Development. The proposed site is located on the south side of Roll Road, east of Shimerville Road on approximately 29 acres of vacant land zoned residential single-family.
Annual Renewal of Excavation Permits all state permits, fees, insurance and removal estimates are in order for approval for the following applications:
Doug Curella 5710 Kraus Road
Applicant requests a fill permit. Town Engineer Latona stated that the applicant has filled in the floodway and the job has been shut down.
Supervisor Kathleen Hallock
A Public Hearing will be set for October 12 @ 7:50 P.M. for Community Development Block Grant Program.
Based on information from Erie County Department of Environment and Planning, surveys were mailed to some streets in Clarence Hollow. The results will tell us if the streets qualify for Community Development Block Grants.
Supervisor Hallock will announce the motions passed at the morning Work Session held on September 7, 2005 to appoint Chris Pfund Clerk PT, Sister Madelene Stauring to the Ethics Committee and the hiring of Capital Market Advisors as consultant to assist the town with the Capital Improvement Program.
A meeting is scheduled for September 15, 2005 at 1:00 P.M. to meet with the labor attorney. Information was handed out last week. The labor attorney will be present at 12:30 P.M. if anyone has any questions.
Supervisor Hallock came up a Bi-Centennial theme for the Meals on Wheels fundraiser basket. She is requesting a $15 donation from all Town Board members.
A Capital Improvement Program meeting with Mike Neumeister and committee is scheduled for September 23, 2005 @ 9:00 A.M.
Judge Sillars is requesting approval for his court clerk to attend the NYS Magistrates and Court Clerk Conference.
Supervisor Hallock will make a motion regarding Family Day.
A Public Hearing will be set for October 12, 2005 @ 7:45 P.M. for a Green print purchase.
Supervisor Hallock will report on the Going Places Van program.
The Town of Clarence has built a water line as part of Memorial Park and Erie County Water Authority is buying it back from us for $2.00.
Supervisor Hallock has two items to discuss in Executive Session.
Councilman Ian McPherson
Councilman McPherson will make an announcement regarding the Chamber of Commerce awards nomination.
An issue has come up regarding insurance coverage for the Senior Center. The Senior Center Board of Directors and staff are not covered by the Town policy.
Councilman McPherson will comment on the sex offender tip sheet that Town Attorney Bengart is working on.
Councilman McPherson has several comments regarding the Erie County Sheriff’s road patrols.
Councilman Scott Bylewski
Councilman Bylewski received the Public Commission hearing notice for cable television.
Town Attorney Bengart has not received any information regarding the Length of Service Awards Program.
Councilman Bylewski received the Amherst Central Fire Alarm Report for August 2005. Further, Councilman Bylewski received a letter from Ray Braun relative to the Centrex telephone lines. Some fire companies were asking that the lines be removed. The possible savings to the Town of Clarence is $145. per month however, the benefits out way the costs.
Fire and Disaster Services (Code Enforcement Disaster Assistance Response) Town Engineer Latona has been notified by the NY State Flood Plain Administration which is managed by the DEC about personnel going to Mississippi and/or New Orleans. They are in need of flood plain managers, code enforcement officers and engineers etc. Communications are very difficult and it is hard to try to get hold of anyone. This is a reimbursement situation, however it presents a cash flow problem. Some point down the road the town will be reimbursed by whatever mutual aid group we were involved in.
The Planning Board is requesting permission for up to two members to attend the annual NY Planning Federation Conference.
Councilman Bylewski will set a Public Hearing for October 12, 2005 @ 7:55 P.M. to consider the adoption of the Subdivision Law.
The Municipal Review Committee would like to adopt a policy regarding project reviews to make sure they have all the documentation in hand before they set the agenda.
Despite all the research that went into review of the back yard burial law, the Department of State has forwarded their answers to some questions brought up by Town Attorney Bengart such as how do you make someone remove a body that has been interned after the law is in effect. The only thing the proposed law can accomplish is creating a law that requires people to have funding in place when they put a body in the ground for maintaining the cemetery site and then the town would have to monitor it.
Councilman Joseph Weiss
The Building Department is requesting a transfer of funds to purchase reference standards and checklists from the International Codes Council.
Councilman Weiss has a resolution to approve the recommended changes to the Building Department Fee Schedule.
Councilman Weiss will make a motion authorizing the Supervisor to sign a Bill of Sale between the Town of Clarence and the EC Water Authority for the conveyance of the Memorial Park waterline project to the ECWA.
Highway Superintendent Ted Donner is requesting several town vehicles be declared surplus. A bid date of October 4, 2005 will be set for the sale of those vehicles.
Councilman Weiss will appoint Edna Scherf to the Senior Center Board.
Councilman Weiss will comment on the Conservation Advisory Meeting he attended.
Logos have been affixed on the John Deere gators used by the Security Officers for use on the bike path. It was further suggested that the gators used in the Parks Department have town logos as well.
Councilman Weiss met with Parks Crew Chief John Burns regarding the vehicle replacement program. A meeting will be scheduled with both the Parks Department and Highway Department to review the fleet policy.
Councilman Weiss met with the Parks Department and representatives from Clarence Little League Football. They have come up with a solution for practice fields for the next couple years. Councilman Weiss is talking with the school to see if they would allow championship games to be played on the fields at the high school.
Councilman Bylewski stated that the study relative to the Greiner Road and Shimerville Road intersection is on going. There are three alternatives being discussed.
Town Attorney Steven Bengart
Town Attorney Bengart has two items to discuss in Executive Session.
Councilman Kolber arrived at 6:35 P.M.
Motion by Supervisor Kathleen Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the history and the appointment of a corporation and § 105 (1) D pending litigation regarding Forbes and Gary Wright. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:25 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.
The Work Session reconvened at 7:25 P.M.
Town Engineer Joseph Latona
The DEC has called a meeting with sewer liaison in Sewer District #5 at 1:30 P.M. on October 5, 2005 to discuss the parallel sewer situation relative to the letter Director of Community Development James Callahan wrote on the environmental.
Town Engineer Latona met with the Erie County Health Department and the DEC relative to future sewers in the Hollow. They worked out an environmental sound direction for future sewers. Mr. Latona is defining that as well as developing how much money we will be reimbursed, how much money we will have to operate, and how much per foot it would cost to go in certain directions, which he will bring back to the Town Board for future action.
Councilman Bernie Kolber
Councilman Kolber will appoint Daniel Michnik to the Zoning Board of Appeals with his term to expire 12/31/2008.
The Historical Museum has had several false alarms in their building. They are not sure if rodents getting into the building are setting them off. It is becoming an on going problem with the NY State Police and Erie County Sheriff having to respond to false alarms. Councilman Kolber stated that we need to address why the alarm is being tripped.
The Museum Board has inquired as to when they would be tied into the sewers. Town Engineer Latona stated that the Museum would be tied in when the Main Street park facility gets tied in as out-of-district.
The Historical Museum has had several issues regarding ice buildup in their gutters; Councilman Kolber suggested maybe an insulation or ventilation problem in the attic. Town Engineer Latona said it is a gutter problem and the solution is to install a gutter to divert the water. He will look into the ice damning that is causing the gutters to freeze and fall off.
Councilman Kolber voiced his concerns regarding projects that come before various boards and stipulations relative to buffering areas. Councilman Kolber is suggesting having stronger language in the law to enforce buffer zones.
Town Engineer Latona stated that the real issue is what gets discussed at the various meetings and what gets put into the minutes. If the specific details are not put into the minutes, it cannot be enforced and things will fall through the cracks. We have to be more specific and make the specific details part of the motion.
There being no further business, the Work Session adjourned at 7:35 P.M.
Darcy A. Snyder
Regular meeting of the Town Board of the Town of Clarence was held Wednesday, September 14, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Kathleen Hallock called the meeting to order at 7:38 P.M. Councilman Ian McPherson led in the pledge to the flag. Supervisor Hallock asked everyone to bow their heads in silence in commemoration of 9/11, and in sympathy and prayer for the victims of Hurricane Katrina.
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, 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 accept the minutes of the previous meeting held August 22, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held August 24, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for Wednesday, October 12, 2005 at 7:50 p.m. in the Town of Clarence, Town Hall Auditorium, One Town Place, Clarence, NY 14031 regarding the use of Federal Community Development funds in the Town of Clarence.
Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following proclamation:
Motion by Supervisor Hallock, seconded by Councilman McPherson to grant Court Clerk Marilyn Taton permission to attend the NYS Magistrates and Court Clerks Conference held in Niagara Falls September 26 – 28, 2005, with all reasonable and necessary expenses paid by the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to authorize the transfer of $700 from A1420.220 Office Equipment to A1420.270 Expense and Travel. On the question, Supervisor Hallock said this is for expenses for the Town Attorney and Deputy Town Attorney to attend training seminars. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for Wednesday, October 12, 2005 at 7:45 P.M. to consider the purchase of a parcel of vacant land approximately 30 +/- acres located on Parker Road in the Town of Clarence, Erie County, New York, at a purchase price not to exceed $36,000, plus any closing cost and disbursements. Funds to be allocated from the open space bond resolution, Special Revenue Fund for open space fees and/or recreation fees, if any portion of said vacant land is to be used for recreation purposes. Upon roll call – Ayes: All; Noes: None. Motion carried.
Supervisor Hallock announced that the following actions took place at the Work Session held on September 7, 2005: Chris Pfund was appointed Clerk PT, effective immediately; Sister Madelene Stauring was appointed to the Ethics Committee with a term to expire 12/31/05; and Capital Markets Advisors was hired as consultant to assist the Town with the Capital Improvement Program.
Supervisor Hallock said she is pleased to report that we received a notice from the Erie County Department of Senior Services about their on-site assessment of the Town’s Going Places Senior Transportation Program. It was determined that the Town of Clarence transportation program provides quality service to the elderly of Clarence. We are rated on driver courtesy, driver ability, condition of the van, procedures, record keeping and dispatching. Supervisor Hallock acknowledged and thanked those responsible: Bob Anderson, the regular driver and the substitute drivers, her secretary, Karen Jurek and the Highway Department for all their good work.
Supervisor Hallock announced that the Walk the Villages is still active through October 22nd. There are pedometers, shirts and informational packets in her office.
Councilman McPherson announced that the Chamber of Commerce Annual Awards Dinner will be held January 26, 2006 at Samuel’s Grande Manor to honor the Citizen of the Year, Business of the Year, Service Organization of the Year and the Young Leader of the Year. Nominations are being accepted until October 14, 2005.
Councilman McPherson said there was some concern at the Senior Center regarding insurance coverage for the Board of Directors and the employees. An insurance consultant was brought in and it was found that there were some gaps in the coverage. A proposal will be coming in for the director and other personnel.
Councilman McPherson announced that September 15, 2005 from 9 – 11:30 A.M. will be the “Meet the Director” event held at the Senior Center. All are welcome.
Councilman McPherson said that at the September 7, 2005 Work Session, he gave a suggested sex offender tip sheet to the Town Attorney to tailor to our needs in Clarence. This is becoming an increasing problem with the number of sex offenders being released on the streets. We are going to try to move toward a local law to focus on registration of level 3 sex offenders and all sex offenders so that the local municipality can pursue methods of protecting the children. The focus would be on registration, public awareness and strengthen requirements for registration and limit the ability of registered sex offenders to reside near schools, parks, playgrounds and day care centers. He believes that it may help past offenders, who have paid their debt, to reduce exposure to tempting surroundings. The Town of Amherst is working on a draft local law and he has spoke to our Town Attorney about it. Cheektowaga is also working on it. This has all come about because of the failure of the State Assembly to act on it.
Councilman McPherson said they also discussed the report of the Erie County stabilization project with regard to the proposed Sheriff road patrols being paid by the towns at the September 7, 2005 Work Session. He is disappointed that the Partnership Committee report stated that road patrol and primary policing service do not appear to be mandated. They request and suggest that towns that do not have a police force negotiate contracts with the Sheriff’s Department or neighboring towns. In researching, he found a memorandum of understanding dated 12/6/93 signed by the Sheriff and State Police how the cooperative effort of both departments would provide police service to the towns without police service. It stated that the provisions would not apply if any municipality voluntarily had a contractual relationship with the Sheriff’s office regarding the delivery of service. This would preclude the State Police from answering any calls in the municipality.
Motion by Councilman McPherson, seconded by Councilman Kolber to approve the installation of 3-way stop signs at Cobblestone and Spaulding Drive upon recommendation of the Highway Department. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman McPherson said the DOT and the contractors are addressing the items on the punch list for Main Street, including replacement of swollen concrete on the sidewalks and drives.
Councilman Bylewski stated that the Public Service Commission will hold seven educational forums and public statement hearings around the State concerning the broad examination of its telecommunications policies, practices and rules in light of rapidly changing technology and competitive marketplace advances. The commission is actively seeking the views of the public to help guild its decision making process. If anyone would like more information, they can contact the Town Hall.
Councilman Bylewski received the Central Fire Alarm August 2005 Operations Report. Town of Clarence fire companies responded to the following: Structure Fires – 6; Motor Vehicle Fires – 1; Miscellaneous Fires – 13; EMS Calls – 91; Motor Vehicle Accidents – 13; and Miscellaneous Calls – 41 for a total of 165 alarms.
Motion by Councilman Bylewski, seconded by Councilman Weiss to grant permission for up to two members of the Planning Board to attend the annual New York Planning Federation Conference to be held October 9 –12, 2005 in Saratoga Springs, New York with cost of $95 per registrant and all reasonable and necessary expenses. This is a budgeted item. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for Wednesday, October 12, 2005 at 7:55 P.M. to consider adoption of a Local Law to be known as Chapter 193, Subdivision Law of the Code of the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Bylewski referred to James Callahan for the 34th update of the action items while under the moratorium.
Councilman Bylewski reported that the following building permits were issued in the month of August: 7 in subdivisions; 4 out of subdivisions; year to date 86 permits issued. Last year at this time 129 total permits were issued.
Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the transfer of $800 from A3620.454 Radios to A3620.423 Books for the purpose of purchasing reference standards and checklists from the International Codes Council for the Building Department. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Kolber to approve the recommended changes to the Building Department Fee Schedule as follows: deletion of the requirement for a Re-Roofing Permit; addition of a maximum fee of $500 for an Accessory Building Permit; and addition of a requirement of a Truss Identification Sign for commercial buildings at a fee of $50 for administration and enforcement. On the question, Councilman Weiss said the proposed changes have been available at the Town Clerk’s Office for the past three weeks for public review. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman McPherson to authorize the Supervisor to sign a Bill of Sale between the Town of Clarence and the Erie County Water Authority for the conveyance of the Memorial Park waterline project to the Erie County Water Authority. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Supervisor Hallock to declare the following as surplus vehicles from the Highway Department: T-3, 2001 Dodge Van – serial #2B7JB21Y71K530786; T-6, 2002 Chevrolet Malibu – serial #1G1ND52J52M659046; T-14, 2001 Ford Taurus – serial #1FAFP52U41G208948; T-15, 2000 Ford Van – serial #1FBSS31L7YHB71021; T-17, 2001 Ford Taurus – serial #1FAFP52U41G208947. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of October 4, 2005 at 10:00 A.M. for the sale of the following surplus vehicles: T-3, 2001 Dodge Van – serial #2B7JB21Y71K530786; T-6, 2002 Chevrolet Malibu – serial #1G1ND52J52M659046; T-14, 2001 Ford Taurus – serial #1FAFP52U41G208948; T-15, 2000 Ford Van – serial #1FBSS31L7YHB71021; T-17, 2001 Ford Taurus – serial #1FAFP52U41G208947. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to appoint Edna Scherf to the Senior Center Board with term to expire 12/31/05. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Weiss announced that the Erie County Department of Public Works is advancing an intersection improvement project for the intersection of Greiner Road and Shimerville Road with funding being provided through the Federal Transportation Act Congestion Mitigation and Air Quality Improvement Program (CMAQ). The alternatives being considered are to do nothing, a signalized intersection or a roundabout. A Public Informational Meeting is scheduled for Thursday, September 22, 2005 at 6:30 P.M. at the Town of Clarence Public Library Meeting Room at 3 Town Place. The public is welcome to offer input in person or in writing.
Councilman Weiss said Highway Supt. Ted Donner received a letter from William Martin notifying him that he will be retiring October 1, 2005. Councilman Weiss thanked Mr. Martin for his service.
Councilman Weiss said that Peter Wolfe from the Conservation Committee will be the lead person to determine the uses of the Nature Center and will be contacting the interested parties.
Councilman Weiss announced that Steve Murtaugh from the Conservation Committee has come up with a project of paintings that define different periods of time in Clarence history. These pictures will be hung in the gazebo of the arboretum. Mr. Murtaugh should be commended for all the work he has done on the arboretum.
Motion by Councilman Kolber, seconded by Councilman McPherson to appoint Daniel Michnik to the Zoning Board of Appeals with term to expire 12/31/08. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Kolber, seconded by Councilman McPherson to accept the resignation of Daniel Michnik from the Municipal Review Committee effective 9/20/05. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Kolber announced that the Historical Society is having their annual Fall Dinner on September 22nd at the Clarence Town Clubhouse.
Councilman Kolber announced that the Clarence Library is holding a chicken barbeque fund raising event on Saturday, September 24th from 2 – 6:00 P.M.
Councilman Bylewski announced that applications will be accepted for the vacancy on the Municipal Review Committee through October 12, 2005. He asked that all prior submittals going back to last December be considered.
Rosanne Driscoll, 10990 Howe Rd. said she is a member of the Board of Directors for the Chamber of Commerce. They have formed a Committee of Advocacy to help local businesses go through the process of the Town boards and committees. Anyone interested should contact the Chamber.
Darlene Feinen, 4702 Sawmill Road spoke regarding item 17, which borders on her property. She has concerns regarding dumping going on over the past five years at this location with trucks dumping at 7 am on Saturdays and Sundays. They are also concerned with the quality of the fill. She requests that no more fill be brought in and they maintain their quiet neighborhood.
A Public Hearing was held to consider the request by Hayes Fish Market for a Temporary Conditional Permit for outside dining at 8900 Main Street. Frank Wailand was present representing the applicant. James Callahan said the drawing depicts the area enclosed with a sliding glass window system. Mr. Wailand said the bottom portion is fixed panels and the upper portions can slide open. It could extend the outdoor dining season. The hours of operation would be 11 am to 10 pm.
Motion by Councilman McPherson, seconded by Councilman Kolber to bring back the request by Hayes Fish Market for consideration with a picture of the enclosure materials and have the Planning Department define whether or not if the space enclosed would be considered outside dining. Upon roll call – Ayes: All; Noes: None. Motion carried.
A Public Hearing was held to consider adoption of a Local Law regulating Backyard Burials in the Town of Clarence. Supervisor Hallock said they put forth this law because they did have a request last year. It was suggested at that time that we should put a local law in place.
A Public Hearing was held to consider adoption of a Local Law, Town of Clarence Open Meetings Law. Councilman McPherson asked what, if anything, is different in this proposed legislation from the State legislation? Councilman Bylewski said that at the end of 2004 the Committee on Open Government came out with a report with various recommendations for the Open Meetings Law and the Freedom of Information Law. Right now the only way for penalties to be imposed for violations of the Open Meetings Law is that by court order any future violations would be a violation of the court order and therefore be sanctionable. The State Legislature did not act upon the recommendation of the Committee. The proposed law gives the teeth, that basically says that if a member has been in violation of the Open Meetings Law three times, the person shall be removed from office and forfeits the right to serve on the public body for a period equal to the term of office that the person served on.
Councilman Bylewski said he had a resolution, but asked for guidance from the Town Attorney regarding some language. Mr. Murtaugh suggested the availability of agendas under Section 4. B. 1. He asked if we could add “and any agenda if available”. He asked if would impose an undue burden. Mr. Bengart said if you leave the “if available” in because some committees meet irregularly and do not always have the agendas in order. Councilman Bylewski asked if it would impose an undue burden on the Town Clerk’s Office at all. Town Clerk Nancy Metzger said no it would not, but she did not understand how you could dictate that when the law says time and place. Supervisor Hallock said we are just saying if it is available. Councilman McPherson said but, you are putting it in the law. That is a change in the basic Open Meetings Law of announcing a meeting. Councilman Bylewski said we could adopt the proposed law as is and take into consideration any amendments in the future.
A Public Hearing was held to consider the request for a Temporary Conditional Permit for outside dining at Moe’s Southwest Grill at 5063 Transit Road. James Callahan said the location is to the left of the main entrance of the Eastgate Plaza at an existing restaurant. A representative for the restaurant was present. Hours of operation to be 11:00 A.M. until 10:00 P.M.
CAM Services requests a Building Permit and Architectural Approval for construction of a 1,280 sq. ft. addition to the existing commercial building at 10169 Main Street. James Callahan said the location is the south side of Main Street, west of Shisler Road consisting of approximately 1.28 acres zoned Traditional Neighborhood District.
David DeMarie Dance Studio requests Concept Plan Approval for construction of a new 11,000 sq. ft. dance studio at 8965 Sheridan Drive. James Callahan said the location is the south side of Sheridan Drive, east of Shimerville Road consisting of approximately 2.34 acres zoned Commercial. There is an existing residential home on the property.
Greg Orffeo requests a Fill Permit at 4655 Ransom Road. James Callahan said the location of the property is the east side of Ransom Road, north of Stage Road.
Tim Kulbacki requests a Fill Permit at 10480 Keller Road. James Callahan said the location is the north side of Keller Road, between Salt and Strickler consisting of approximately 10 acres. He is proposing fill in advance of a future home on the site. He will initially use fill from the adjoining property.
Dave Gallagher requests a Building Permit and Architectural Approval for construction of an addition to the existing print shop at 9185 Main Street. James Callahan said the location is on the south side of Main Street , west of Thompson Road consisting of approximately 3.6 acres zoned Commercial.
Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Clarence Brownie Troop #148 – Sept. 22, Oct. 27, Nov. 17 & Dec. 15, 2005; B. John Jondle – Oct. 11, 2005; C. Clarence Garden Club – Oct. 20, 2005; D. Girl Scout Troop #642 – 2nd & 4th Monday each month 2006; E. Girl Scout Troop #215 – 3rd Tuesday each month 2006; F. Girl Scout Troop #1005 – 1st Wednesday each month 2006; G. Girl Scout Troop #938 – 2nd & 4th Monday each month 2006; and Legion Hall Applications – A. Nehvat Goshtasb – Sept. 18, 2005; B. Girl Scouts of Clarence – Sept. 19, 2005; C. David & Nancy Stover – Oct. 16, 2005; D. Carol Hockwater – Nov. 5, 2005; D. Kathy & Mike Metzger – Nov. 12, 2005; and E. Richard Sherry – Dec. 28, 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 Sept. 8, 2005 are approved for payment: General Fund - $56,098.44; Highway Fund - $42,829.65; Community Development Fund - $1,239.38; Water District - $33,436.14; Capital Fund - $9,174.11; Special Revenue Fund - $2,267.75; and Trust & Agency 203 - $1,403.48 for a total of $146,448.95. Upon roll call – Ayes: All; Noes: None. Motion carried.
“For the Good of the Town”
Aldine Tarbell, 10525 Greiner Road said that it has come to their attention that there is a problem with the Heise/Brookhaven Sewer Project including the Hollow. The rumor is that they have used the wrong size pipe, the pipe is not deep enough, lift pumps may be needed, wrong material used for fill and we know a lot of the ponds are leaking water. How will these problems be resolved? If a lift pump is required, who will pay for it? Why didn’t our Town Engineer report these problems?
Councilman Bylewski said in regard to the proposed FOIL Law that we were talking about, he knows the Town Clerk lives in this law and knows much more about it. However, by way of information, according to the 2004 report to the Governor and the New York State Legislature, it states that unless prescribed by a different statute, an agency may charge up to 25 cents for photocopies or the actual cost of reproducing other records that cannot be photo copied. They have offered recommendations to modernize the fee structure, which could include staff time and computer time. There is a proposal and we hope to have something out shortly.
Supervisor Hallock acknowledged the Clarence Fire Company and all the work they did for the hurricane victims. She is very proud of them and everyone who helped them out.
There being no further business, Supervisor Hallock adjourned the meeting at 9:41 P.M.
Nancy C. Metzger