09/14/05


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

Public Hearings:

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:

  • Clinton Excavating
  • Buffalo Crushed Stone
  • Lakeside Sod

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
Deputy Town Clerk


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.
          The Town of Clarence is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended.
          The purpose of the Hearing is to provide an opportunity for citizens to express community development and housing needs and to discuss possible projects, which would benefit low and moderate-income persons in the Town of Clarence.
          Citizens are urged to attend this meeting to make known their views and/or written proposals on the Town of Clarence’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program.
          The Hearing will also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Clarence at 716-741-8930 by October 7, 2005.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following proclamation:
          WHEREAS, the use of illegal drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well being of America’s children;
          WHEREAS, surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs;
          WHEREAS, teenagers who virtually never eat dinner with their families are 72 percent more likely than the average teenager to use illegal drugs, alcohol and cigarettes;
          WHEREAS, teenagers who almost always eat dinner with their families are 31 percent less likely than the average teenager to use illegal drugs, alcohol and cigarettes;
          WHEREAS, the correlation between family dinners and reduced risk for teen substance abuse are well documented;
          WHEREAS, parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers;
          WHEREAS, family dinners have long constituted a substantial pillar of family life in America;
          THEREFORE, Kathleen Hallock, Supervisor of the Town of Clarence proclaims that the fourth Monday in September as “Family Day – A Day to Eat Dinner with your Children.”
          On the question, Supervisor Hallock announced that an event will be held at Eastern Hills Wesleyan Church on September 26th to celebrate “Family Day”.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

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.
          As mentioned before, Verizon has shown interest in offering cable TV service. Councilman Bylewski said as of yet, we have not received any communication from them.

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.
          James Callahan reported the following:
          Subdivision Law – Planning Board forwarded recommendation for adoption. Town Board set a Public Hearing for October 12, 2005.
          Adequate Public Facilities Law – Planning Board has forwarded a number of concerns regarding the draft law to the consultants.
          Tree Conservation/Landscape Law – Planning Board completed review of the draft. Planning & Zoning is working on Draft 2.
          Parks & Recreation Master Plan – Consultants are completing the action plan for presentation to the Town Board at a future meeting.

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.

Public Participation

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.
          Councilman Kolber said he believes this project is a modification to the existing building. James Callahan said the application was for the current set up and since that time, it has come in as proposed. He did not feel it necessary to remove it from the agenda.
          Councilman Bylewski asked it this is a temporary structure. Mr. Wailand said it has a rigid roof system that would not be removed.
          With no one else speaking to the subject, motion was made by Councilman McPherson, seconded by Councilman Bylewski to close the Public Hearing. On the question, Councilman Weiss said it is difficult to make a decision based on the drawing submitted. Mr. Wailand said they are custom units and he could get something in color. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Councilman Kolber said he is very happy that the business has been such a success and how the site turned out. He believes this is a modification to the building and not just a seasonal structure.
          Councilman McPherson asked if there is a definition of outside dining or is it in the eye of the beholder. James Callahan the purpose of the Temporary Conditional Permit is the potential conflict with adjacent properties.
          Motion by Councilman McPherson, seconded by Supervisor Hallock to adopt the following resolution:
          Resolved, that after a public hearing duly held on September 14, 2005, and after all interested parties being heard, the Clarence Town Board approves the request of the applicant, Hayes Fish Market, located at 8900 Main Street, for a Temporary Conditional Permit for outside dining subject to the following conditions: 1. Hours of operation to be from 11:00 A.M. to 10:00 P.M. 2. Initial approval will be for a period of one year.
          On the question, Councilman Kolber said there is no problem with the outside dining. We are looking at two different issues. The other issue being the construction of the structure. Upon roll – Ayes: All; Noes: None. Motion carried.

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.
          Town Attorney Steven Bengart said the intention was to protect people from burying in their yards wherever they chose. We have found out that there is nothing in the laws of New York State that state you cannot bury a body wherever you so choose, as long as you put a shroud over the body. The only thing we would be able to control in the local law is to require anyone who buries a body in their yard to create a fund to maintain the property, in the event the property is abandoned. He is going to recommend to the Town Board that it would not make much sense to adopt the law.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. On the question, Supervisor Hallock said there will be no action on the proposed law. Upon roll call – Ayes: All; Noes: None. Motion carried.

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 McPherson asked who would make that determination? Councilman Bylewski said the court would make the decision. There are exceptions. Councilman McPherson asked how a potential violation would get to the court? Town Attorney Steven Bengart said in this case it would be the Supreme Court. There would have to be an Article 78 filed or an action brought up and then a motion brought by the petitioners requesting a hearing. Councilman McPherson said if an action was brought up against a member of a Town board or committee, the Town would be obligated to defend that action. In order for this to apply, someone would have to have three court proceedings filed against him or her, which would be defended three times by the Town. The person would be convicted three times before they would be removed from office.
          Steve Murtaugh, 5109 Willow Brook Drive said he thinks we would be referring to a group of people and not one person in violation. Councilman Bylewski said it refers to individuals because each member has their own responsibility. It may not be all members of a board or committee. Mr. Murtaugh said votes should be recorded of each member by name.
          Councilman Kolber said a board would have to be acting in its official capacity, while there are other ways to violate the Open Meetings Law. There could be a chance meeting where Town business is discussed and there is no vote taken.
          Councilman McPherson said the current remedy for a violation is to negate any action taken if an action is erroneous. He does not think it is to persecute someone who made a mistake or to use this as something other than keeping everything in the light of day.
          Councilman Weiss said by the time a person is prosecuted and tried after three incidents, they could already be out of office. Councilman McPherson said not to mention the expense to the Town to defend the person.
          Steve Murtaugh suggested in regard to the notice of a meeting, which states the time and place of a meeting, a list of agenda items be included. He does not think it would be any extra work because it is probably already done. People could make a decision to attend if they knew what was being discussed.
          Mr. Murtaugh said at the top of page 3 of the proposed law it refers to a fee for a copy of proposed laws, resolutions, etc. Councilman Bylewski said we are posting it and if you want a copy, there would be a reasonable fee as determined in the same manner under the State Public Officers Law. It is his understanding that this is part and parcel to the FOIL provisions. Although the Clerk’s Office was operating in the sense that if someone came in and asked for a copy of a document, they could give the copy of the document and depending on the labor extended that they had to go through to get that document could also vary the fee. It could be 25 cents or it could be nothing. That is what has been done in the past.
          Town Clerk Nancy Metzger said that is not what she does. You cannot charge a request based on how long it takes.
          Mr. Murtaugh said a notice would only be 1 to 3 pages anyway. He thinks the charge should be for over 5 or 10 pages. Supervisor Hallock added that the Town Clerk uses her own discretion on these requests. Mr. Murtaugh asked if the charge would be for minutes also? Mr. Bengart said most of it is available online, but the answer is yes.
          Mr. Murtaugh complimented Councilman Bylewski on this because he knows it has been unsuccessful at the State level.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

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.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that after a public hearing duly held on September 14, 2005, and after all interested parties being heard, the Clarence Town Board does hereby amend the Code of the Town of Clarence by adopting Local Law No. 4 of the year 2005, Open Meetings Law. This local law shall be effective upon filing in the office of the New York State Secretary of State.
          On the question, Councilman Bylewski said he would like the Town Attorney to review the comments made tonight by Mr. Murtaugh, various members of the Town Board and the Town Clerk to see if there is any way this local law can be improved.
          Councilman Weiss thanked Councilman Bylewski for his work on this. Councilman Bylewski thanked the Town Attorney’s office for all their work also.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

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.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          RESOLVED, that after a public hearing duly held on September 14, 2005, and after all interested parties being heard, the Clarence Town Board approves and grants to the applicant, Moe’s Southwestern Grill, located at 5063 Transit Road, a Temporary Conditional Permit for outside dining subject to the following conditions: hours of operation to be 11:00 A.M. until 10:00 P.M., and initial approval for the period of one year.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

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.
          Chris Morgan, owner and Douglas Klotzbach, architect were present. Mr. Klotzbach said you cannot see the building from Main Street. It will match the existing block building used to store landscaping equipment. The gate is closed at night. They have a meeting set with the Clarence Hollow Architectural Approval Board tomorrow morning. Councilman McPherson asked if they are willing to abide by the recommendations of that board. Mr. Klozbach said he believes there will not be any problems because of the location.
          Councilman Bylewski asked if the project follows the design for the Hollow? James Callahan said in general terms it does. Mr. Klozbach said he does not see a problem, but if there were undue burden imposed for the applicant, they would come back to the Town Board.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a Building Permit and Architectural Approval for construction of a 1,280 sq. ft. addition to the existing commercial building at 10169 Main Street, subject to the approval of the Community Character Protection Board with the provision that if the applicant determines that the approval is too much of a hardship, the applicant shall come back to the Town Board for further discussion and determination of the approval. Upon roll call – Ayes: All; Noes: None. Motion carried.

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.
          Peter Rudewicz, architect was present representing Leonard Castilone. This is one of two dance studios Mr. Castilone is working on. He currently rents a studio at 9135 Sheridan Drive. The intent is to have five studios in the building with two additional spaces to be leased out at a later date. There is no intent to take any action regarding the single-family residence on the site. They are requesting referral to the Planning Board. There is a septic system for the home and a separate system proposed for the studio.
          Councilman Bylewski said it is his understanding that the house could be split as a separate parcel to comply with the zoning requirements.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to refer the request by David DeMarie Dance Studio for Concept Plan Approval for construction of a new 11,000 sq. ft. dance studio at 8965 Sheridan Drive to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

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.
          Mr. Orffeo said his property drops off in the back about four feet and they would like to level it off a little more.
          Councilman McPherson asked if he was present when a neighbor spoke about this item. Mr. Orffeo said he was, but he was not at home when fill was dropped off and was unaware of any undesirable materials in it. He has been bringing in fill on and off for about 4 or 5 years. Councilman McPherson asked if he was aware he needed a Fill Permit? Mr. Orffeo said an inspector was there and said he was okay with what he was doing. He did not know the source other than it was dirt, stones and some trees. He may need another 20 to 30 yards.
          Councilman McPherson said another issue was the backup beeping at 7:00 A.M. Councilman Kolber said there must be a way to keep the peace with the neighbors and let him get this job done. Councilman Weiss said we have to make sure that there is not an adverse affect on the neighbors. Supervisor Hallock said the Town Engineer said there are severe drainage problems and recommended that the Board not move forward on this before Mr. Orffeo meets with the Engineering Department.
          James Callahan said he had a letter from the Engineering Department with a number of conditions including verification of the source and quantity of the fill.
          Councilman Bylewski said according to the Clearing, Filling and Grading Law there must be a completion date established. Councilman Kolber said assuming he met all of the criteria, how could this work out with the neighbors. Darlene Feinien said no operation before 9 am on Saturdays and Sundays and an absolute deadline. She is also still on a well and concerned about her water. Councilman Bylewski said according to the law, the maximum hours are 7 am to 7 pm Monday through Saturday and no hours on Sundays.
          Motion by Councilman McPherson, seconded by Supervisor Hallock to refer the request for a Fill Permit at 4655 Ransom Road to the Engineering Department to clear up all of these issues, including the conditions of the Deputy Town Engineer. Upon roll call – Ayes: All; Noes: None. Motion carried.

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.
          Sandy Kulbacki was present. Part of the fill would come from a pond. Supervisor Hallock said any other fill will have to be identified and approved by Engineering.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Fill Permit at 10480 Keller Road, subject to the conditions set by the Town Engineer including the source of the fill being identified and certified. Upon roll call – Ayes: All; Noes: None. Motion carried.

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.
          Dave Gallagher said he is proposing a 1,000 sq. ft. addition keeping with the current building. It will extend to about 50 ft. from Main Street.
          Councilman Kolber said we really cannot see by the drawing shown what it is going to look like. He would like to refer it to the Planning Board. James Callahan said there is plenty of parking on the site. The issue is the architectural, which is up to the Town Board.
          Mr. Gallagher said he does not want to spend the money for an architectural drawing if he cannot move forward with the project. Town Attorney Bengart said he does not have to submit stamped drawings. He also asked if this is a project for the IDA? Councilman McPherson said it is in the enhancement zone. Councilman Weiss said he would like to know what it is going to look like.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to table the request for a Building Permit and Architectural Approval for construction of an addition to the existing print shop at 9185 Main Street until the applicant can provide a more dimensional drawing. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Abstain: Councilman McPherson. (He has been contacted to possibly participate in the project, therefore he will not vote.) Motion carried.

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 McPherson said there is no substantiation that he knows of, to any of those statements. The Dept. of Environmental Conservation is responsible for the adherence to installation of the sewer. Any issues or problems that have to be taken care would be paid for by the Heise/Brookhaven Sewage Works Corporation, who has a $2 million bond in place.

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
Town Clerk