09/28/05


A Work Session of the Clarence Town Board was held on September 28, 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, Assistant Director of Community Development James Hartz, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Confidential Secretary to the Supervisor Karen Jurek and Director of Administration and Finance Pam Smith.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105 (1) D to discuss pending litigation regarding Meteor Enterprises. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to adjourn the Executive Session at 6:17 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried.

The Work Session reconvened at 6:17 P.M.

Director of Community Development – James Callahan

Formal Agenda Items:

Clarence Soccer Club – Clarence Soccer Center
Applicant requests approval for addition and upgrade to existing pavilion at 10000 Clarence Center Road. The proposed site is located on the north side of Clarence Center Road, on the east side of Kraus Road.

Town Attorney Bengart stated that the Soccer Club is requesting some type of exclusivity with this project similar to what the baseball/softball leagues have done with the former water department building. The Town Attorney’s office will create some type of lease agreement.

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. A zoning variance is being sought for a side yard setback on the proposed addition. The Zoning Board of Appeals has tabled action pending staking of the proposed side yard setback encroachment and is scheduled to meet on September 29th to take action on the setback issue.

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.

Greiner Road Associates 8955 Road
Applicant requests Concept Plan Approval for a four-lot Open Development area with frontage lots. The proposed site is located on the south side of Roll Road, east of Shimerville Road. Town Attorney Bengart has met with Erie County Water Authority. They have a great deal of concern that we have some type of homeowner association entity created for future open developments so they have a billing source. Any developments over five homes require separate meters.

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. There was a concern relative to parking. The existing building and proposed addition will require 11.6 parking spaces. Under our parking regulations, the Town Board has the authority to deviate the parking requirements if they so choose. The applicant could create additional parking in the back of the building but he would eliminate green space to do that. The applicant is only one parking space short of the requirement.

Doug Curella 5725 Kraus Road
Applicant requests a fill permit in advance of residential home development. The existing vacant land consists of 21 +/- acres zoned agriculture rural residential. The proposed site is located on the west side of Kraus Road between Roll Road and Clarence Center Road. Town Engineering Department has had discussions with the applicant stipulating that the applicant stays within the staked out perimeters and provide certification as to where the fill is coming from.

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

Work Session Items (for consideration on 10/12/05)

Gary Dulski 10625 Clarence Center Road
Applicant requests a Special Exception Use Permit for a secondary living unit in-law apartment in new home to be developed. The proposed site is located on the south side of Clarence Center Road, west of Salt Road on vacant land consisting of 1.52 acres and 100’ frontage zoned Agriculture Rural Residential. Under the Zoning Law, the use can be approved with a Special Exception Use Permit, which would provide a deed restriction that the property can only be used as a single-family residence and can never be rented out.

International House of Pancakes 4445 Transit Road
Applicant requests Development Plan and Architectural approval for construction of a new restaurant. The applicant asked that this be tabled; applicant is contemplating a new location in the plaza.

Independent Health

Representatives from Independent Health presented a rate and benefits proposal to the Town based on information presented to them by Director of Administration and Finance Pam Smith.

The National Committee on Quality Assurance (NCQA) recognized Independent Health as a Top 10 health plan in the country for member satisfaction.

Independent Health gives you a lot of freedom and flexibility. You have control over where you go for your pharmacy needs. You can use any pharmacy in WNY. You can continue to use Quest Diagnostic or you can use the local hospitals or doctors office for lab work.

Independent Health provides worldwide coverage not only for emergency and urgent care but they also provide coverage for elective care.

Director of Administration and Finance Pam Smith indicated that the benefits must match what we currently have under the union contract. Independent Health Compass B plan is comparable to what we currently have with a $10 co-pay. Under our current plan, there is nothing missing from Independent Health as far as benefits that we currently have.
With Independent Health Compass B plan, office visits will be $10. Mammograms are covered in full. The $10 co-pay not only goes for your primary care visits but is also for specialists’ visits.

Prescription coverage is different with Independent Health. There are a lot more drugs to choose from on the first and second tier. You will save $5. on Three-Tier drugs.

The Out of Network benefit is the same coverage that we currently have with a $250 deductible.

Pam Smith stated that if the Town decides to go with Independent Health, the retirees will also have to go with Independent Health, their direct plans could stay.

The referral process in done via the Internet, there is no paper work involved.

Dependent children are covered up to age 25 whether they go to school or not as long as they are living at home.

The prescription plan covers some over-the-counter drugs. Prior authorization is required for drugs that have specialists’ needs. Independent Health wants to make sure the right specialist is diagnosing properly. Every pharmacy except one in Jamestown participates with Independent Health.

In addition to the Encompass B plan, everyone would have a choice of choosing the Encompass B plan or choosing the Flex Fit Plan which ever fits his or her needs or life style. Flex Fit is one plan with one price but has three different options for you to choose from.

Independent Health gives you flexibility with a complete network of doctors, hospitals and pharmacies and four different options to choose from.

Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1) E of the Open Meetings Law to discuss collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law), § 105 (1) F the financial history of a corporation, the employment history of a corporation, matters leading to the removal of a particular person, and the employment history of a particular person. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to recess the Executive Session at 7:25 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried.

Gary & Karen Wright 5400 Goodrich Road

Gary Wright and several of his neighbors were present to express their concerns relative to the damage to his and his neighbors property they incurred from the Heise-Brookhaven sanitary sewer project mainly the low water levels in his pond and subsoil problems.

As of May 10, 2004, the Town Board was informed of the damage the installation of the sewers has caused. Mr. Wright feels that he has received no action from the town. Problems have escalated to the point where his house has developed a crack; the electric meter is pulling off the outside wall along with the draining of his pond and the collapse of the sidewalks. Reverend Walker of 5350 Old Goodrich has experienced several problems with his house including cracks in his fireplace, drywall buckling and his bathroom door drags when you open it. Mr. Wright feels that these problems could have been avoided if the town would have followed the towns zoning laws that were put in place to protect the public.

Mr. Wright feels that the people in office who took an oath should protect both the present and future residence of this town. Further, Mr. Wright would like to see a stop on all building permits, all housing starts and issuances of all Certificates of Occupancy within a 2 mile radius of the sewer until these problems are resolved. Once the town can solve these problems and can prove that there is no additional damage and the soils have been restabilized then business can resume as normal until then, there should be a complete halt to all construction within a reasonable distance of 2 miles or more.

Councilman Bylewski asked how Mr. Wright determined the 2-mile radius. Mr. Wright stated that in speaking with specialists from soil & water conservation they felt that was a reasonable distance to safeguard the public however, it could extend farther. There is no depletion of water at the pond at Lakeside Sod.

Mr. Wright submitted a letter to the town on May 10, 2004 and feels he did not get any reasonable answers to the following questions he asked:

  • What effect to the water table was anticipated in the Environmental Impact Study?
  • What area does the Environmental Impact Study define as concern to altering of subsurface conditions?
  • What action does the Environmental Impact Study require to remediate damage to environmental conditions?
  • Who is the responsible person or persons to monitor this project so as to protect the public from damages?
  • What consideration is given to the impact on subsurface conditions, which could cause problems with the structural integrity of private homes and public buildings in the effected area?

The dewatering of Mr. Wright’s pond should be considered a warning sign that much more devastating problems can occur to private or public property if immediate remedial action is not taken. Mr. Wright feels that the only action taken so far is to stonewall this problem as much as possible; he feels that we are following right in the footsteps of the Town of Amherst with houses that are cracking and sinking.

Reverend Walker stated that he has lived next door to Gary Wright for 26 years. For 24 ½ years, Mr. Walker’s sump pump ran constantly. In May of 2004 when the sewer line went through was the fourth wettest month of May in the history of Buffalo. All of a sudden, Gary Wrights pond dropped significantly Mr. Zillig pond dropped and Reverend Walker’s sump pump stopped running, the town pond does not hold water and Reverend Walker’s house has developed structural problems. Reverend Walker does not think all these problems are coincidental. Reverend Walker further commented that if the sewer contractor had rectified the problem by installing bentonite dams in the sewer line when it was built we would not have these problems. The only way to fix the problem is to install the bentonite dams and restore the water table, if we don’t do this the library and town hall in time will show signs of depleting water table. This problem will not cure itself. There will be other people in this community who will face the same problems with any delay in action.

Steve Zillig of 5500 Old Goodrich spoke with a representative from the DEC recently and his exact words were that the DEC believes that there has been an alteration in the water table and they are pursuing the sewer contractor in this regard, they would like to see it put back to the way it was. Mr. Zillig would like to have the dye test performed in the inspection wells at the earliest possible date. He asked that an expert who will not have a conflict of interest with any of the interested parties perform the inspection.

Town Attorney Bengart stated that there have been several letters written and numerous telephone calls etc. to the DEC. It is Mr. Bengart’s belief that the DEC has jurisdiction over this situation. Mr. Bengart further stated that the town has contacted the Heise-Brookhaven Sewage Works Corporation on numerous occasions to make sure they are on top of this. Less than two weeks ago another letter went out to the DEC addressing Mr. Zillig’s request. Mr. Bengart stated that from day one the town has been in contact with the DEC, to try to rectify this problem.

Mr. Zillig asked whose job is it to inspect the project and make sure everything is being done to code. With all the problems that have occurred with the installation of the sewer it would appear that certain guidelines were not followed. Town Engineer Latona stated that there was an inspector on the project.

Gary Wright read Chapter 1 §1.2 Purpose of the Zoning Law.

It is Town Attorney Bengart’s and Steve Zillig’s understanding that the DEC is in the process of making the contractor go back and do what they allegedly did not do when installing the sewers.

Karen Wright asked if the town engineer has the authority to alter the plans or make changes to the plans that were originally submitted to the DEC. Town Attorney Bengart stated that he felt the question is whether or not the original plans were followed. Mrs. Wright further said that if there were changes to the plans from the way they were written then there would not have been these problems. If changes were made to the original plans, who made them and why? Why wasn’t bentonite clay used? Town Attorney Bengart stated that the DEC over saw this project as well as the Heise-Brookhaven Corporation who has to respond to the DEC.

Councilman Kolber stated that the board has not let this issue die. It has been brought up numerous times and the Town Attorney has been asked to pursue this with the DEC.

The meeting recessed at 7:55 P.M.

The Work Session reconvened at 9:30 P.M.

Supervisor Hallock reminded everyone about the morning work session scheduled for October 5. Use of Nature Center will be discussed. Peter Wolfe will make recommendations from Conservation Advisory Council.

Supervisor Hallock circulated a sympathy card for Skip Grenzebach. Donations from employees and officials will be used to purchase a bench in the Main Park or on the new bike path near the park. Supervisor Hallock mentioned it was Jim Burkard’s idea and she thought it was an appropriate idea because Skip was a strong advocate of the parks.

Two names are being removed from the Clerk part time list: Kelly Buono and Brandy Hamill.

Supervisor Hallock received letter from Brad Guay from the Army Corps of Engineers saying he expects to write the draft scope of work for the proposed soils investigation soon.

We received letter from Sno Seekers about the snowmobile paths. Supervisor Hallock will give to paralegal Cindi Rosel to prepare a motion for approval. An earlier issue with damage has been addressed to the satisfaction of the town engineer.

Supervisor Hallock discussed an e-mail from Superintendent Coseo. Councilman McPherson said he still understands that there is capacity for the Middle School sewer hook up. Councilman Weiss said he would like to see it in writing. Town Attorney Bengart offered to facilitate.

Reconvened Executive Session 9:40.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn Executive Session at 10:05 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.

Darcy A. Snyder
Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, September 28, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:55 P.M. Councilman Scott Bylewski led the pledge to the flag and Supervisor Hallock read a prayer.

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, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held September 7, 2005. On the question, Supervisor Hallock had a correction on page 273 – regarding the school tying into the Heise/Brookhaven Sewer; the cost would be $1 million. 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 September 14, 2005. On the question, Supervisor Hallock had a correction on page 281 – regarding the statement asking the Town Board members to donate to the Meals on Wheels basket, should be all elected officials. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock apologized for being late this evening.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution:
          Whereas, at the November 6, 2002 Town Board meeting, the Clarence Town Board adopted a resolution to establish Enhancement Areas for the Industrial Development Agency Program and incorporated in said motion that if a business is not included in one of the Enhancement Areas named in the original motion, it can be included by individual address by petitioning the Town Board; and
          Now therefore
          Be It Resolved, that the Roll/Harris Hill Industrial Business Park, Roll Road (N/S Roll Road, N of Harris Hill Road) in the County of Erie, Town of Clarence, New York, be included in the Enhancement Area for the Clarence Industrial Development Agency Program.
          On the question, Supervisor Hallock said this was announced a few years ago, but was not put in a formal resolution.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the following transfer of funds in the General Fund: $1,550 from A5132.280 Vehicle Replacement to A3120.417 Auto Maintenance. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant the request for a temporary, unpaid leave of absence to Carol Walsh from her position as Senior Clerk in the Building Department for a period of ninety (90) days commencing on and including October 3, 2005. The Town will not provide and/or pay for Carol Walsh’s health, vision and dental insurance and/or any other employee benefits during this period.
          On the question, Supervisor Hallock stated that the granting of this request is due to the extreme, extenuating circumstances for Ms. Walsh. Any additional requests by Ms. Walsh or other persons in the future will be taken on a case-by-case basis at the discretion of the Town Board. The Town Board is not creating a precedence setting policy.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint Debra Kasting Senior Clerk – Full Time Temporary effective October 3, 2005. On the question, this title was reviewed with Civil Service. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to declare the attached list of computers and computer equipment as surplus. All of the equipment will be recycled. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint Sandra Tresino as Clerk PT at the budgeted rate of pay. On the question, Supervisor Hallock said we had two people from the part time list ask to be removed. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant a Fireworks Display Permit for Saturday, October 1, 2005 on property adjacent to Samuel’s Grande Manor. Fire company approval and Certificate of Insurance are on file. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant permission to the Clarence Central Senior High School for their Homecoming Parade on Saturday, October 15, 2005 beginning at 12:30 P.M. at Berrafato’s Char Pit to the high school. On the question, Supervisor Hallock said the school contacted the Erie County Sheriff’s Department for an escort and all emergency services will be notified. The school has been notified in the past that if any horses are to be included, that the trainer will be required to pick up any animal waste. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that at a Special Meeting held Sept. 15, 2005, the Town Board set a bid date for the Peanut Line Rails to Trails CMAQ Project for October 20, 2005 at 10:30 A.M. The project will complete the Peanut Line paving from Strickler to Kraus and from Bridlewood Drive to Transit Road.

Supervisor Hallock announced that there is an opening on the Ethics Board to replace a member with a term expiring 12/31/05. According to the State Ethics Code, a replacement member cannot be a registered Republican for this appointment. A reappointment for five years would occur at the Organizational Meeting in January 2006.

Supervisor Hallock said she attended the grand opening of the new Orvis store at the Eastern Hills Mall and the principles made a point of extending their appreciation to the building inspectors for their assistance and professionalism.

Motion by Councilman McPherson, seconded by Supervisor Hallock to activate two street lights located on the Town of Clarence Bike Path as follows: 1. Located at the entrance to the Bike Path on Bridlewood S. and 2. Located on Bike Path 150’ east of Bridlewood S. The Street Lights will be maintained by the Town of Clarence. On the question, Councilman McPherson said this is pursuant to a request by residents to try to light up the area due to the vandalism. He thanked Steve and Mary Kneeland of Bridlewood for giving us an easement to run the power line. Supervisor Hallock said the Sheriff’s Department had recommended the lighting to help curb the vandalism. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said he recently attended a meeting with representatives from some of the other 15 towns that would be impacted by the County Executive’s proposal to charge for road patrols. The meeting was held with the County Executive to try and find a ground to save $4.5 million other than the safety of the residents. They were not very successful. There is a public relations program trying to convince people that the 15 towns receiving Sheriff’s patrols, along with State Police services are getting something for nothing. The fact is that a majority of the Sheriff’s services, including the Holding Center are being done for the towns that have their own police departments, such as Buffalo, Tonawanda, Amherst and Cheektowaga. The Town of Clarence pays $11 million to Erie County and part of that goes for Sheriff Department services. We will take this as far as possible to resist the imposition of a second charge for police services.

Councilman McPherson outlined the procedure for traffic safety inquiries. When a resident has a traffic safety issue, they can obtain a form from the Supervisor’s office. They fill out the nature of their concern and return it and it is then forwarded to him. He forwards the concern to the Traffic Safety Board, which meets on the first Monday of each month. They review all of the issues received. The Traffic Safety Board is comprised in part by DOT traffic engineers. Once they make a recommendation, it is forwarded to the Town Highway Department. It is the responsibility of the Town Highway Department to send a correspondence to the person who made the inquiry telling them the disposition. We are having problems getting this done. If anyone has a traffic safety issue out there and they have not heard back, they should contact the Town Highway Department.

Councilman Bylewski said a Notice of Adjournment for the Meeting of Creditors was received regarding Adelphia from October 12th to December 14, 2005 at 2:00 pm in New York City.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set Public Hearings to consider entering into contracts with fire companies for fire protection in the Town of Clarence for the year 2006 as follows: 7:45 P.M. - Clarence Center Vol. Fire Company; 7:50 P.M. - East Amherst Fire Department Inc.; 7:55 P.M. - Harris Hill Vol. Fire Company; 8:00 P.M. - Rapids Vol. Fire Company; and 8:05 P.M. - Swormville Vol. Fire Company. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning and Zoning Department, Carolyn Delgato be appointed to fill the vacant position of Senior Clerk Typist in the Planning and Zoning Office effective October 17, 2005 at the established rate of pay per the union contract. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there is a vacancy on the Municipal Review Committee and applications will be accepted through October 12, 2005.

Councilman Bylewski referred to Asst. Director of Community Development James Hartz for the 35th moratorium report.
          James Hartz reported the following:
          Subdivision Law – Town Board set a Public Hearing for October 12, 2005 at 7:55 P.M. to consider the proposed law. Planning Board and MRC have completed review and forwarded their recommendation for adoption.
          Adequate Public Facilities Ordinance – Planning and Zoning Department met with the consultants to address concerns forwarded by the Town Board, Planning Board and Town Attorney’s office. A revised draft should be available soon.

Councilman Bylewski said the Municipal Review Committee has forwarded a recommendation for an agenda policy. The Town Board and Planning Board each have a policy in place. The proposed policy states that the applicants must submit any required information 10 business days prior to the regularly scheduled Monday meeting to be eligible for the agenda.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the agenda policy for the Municipal Review Committee as set forth in the letter dated August 25, 2005 by Matthew Balling, Chairman on behalf of the Committee. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee (MRC) and pursuant to Article 8 of the Environmental Conservation Law, the Town Board issues a Negative Declaration on the proposed amendments to Master Plan 2015 concerning the Harris Hill Traditional Neighborhood District. This Type I Action involves an amendment to wording in the Master Plan 2015 to broaden the limitations on architectural style within the Traditional Neighborhood District of the Harris Hill area by amending the section read as follows:
          “…Minimum architectural standards should be adopted, including not allowing steel clad buildings and encouraging smaller scale buildings designed along traditional architectural styles in keeping with the character of the area.”
          After coordinated review of the proposed amendment and supporting Environmental Assessment Form by the Town Board, Planning Board and MRC, it is determined that the proposed action is consistent with Master Plan 2015 and will not have a significant impact upon the environment.
          On the question, Councilman Bylewski said the MRC, Planning Board and a number of agencies have been working hard on this amendment. This came about as a result of comments made during the Master Plan review.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that upon recommendation by the Municipal Review Committee (MRC) and pursuant to Article 8 of the Environmental Conservation Law, the Town Board issues a Negative Declaration on the proposed Natale Office Building located at 9159 Main Street. This Unlisted Action involves the development of an 8,250 sq. ft. office building with appropriate parking and green space. After thorough review by the Town Board, Planning Board and MRC of the submitted site plan and Environmental Assessment Form, it is determined that the proposed action is consistent with zoning and the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee (MRC) and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency status and commences a coordinated review on the proposed Castine Open Development Area located on the west side of Goodrich Road, north of Martin Road. This Unlisted Action involves the development of a four-lot open development with one frontage lot in conformance with the Town Subdivision Law. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman McPherson that while not formally recommended by the Municipal Review Committee (MRC), after discussion with the MRC Chairman and after receipt of an amended Environmental Assessment Form to reflect the concerns of the MRC related to septic system design with the long term possibility of public sewer connections, the Planning and Zoning Department recommends that the Town Board seek Lead Agency status and commence a coordinated review among involved agencies on the proposed Lakeside Industrial Business Park. This Type I Action involves the development of an Industrial Business Park with the long-term possibility of introducing public sewers to the County Road Industrial Zone. Referral to involved agencies will identify the long-term proposal to introduce public sewers to the area. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that after consultation with the Engineering Department and upon determination that the Master Plan budget line A8010.472 has sufficient funds, the Town Board approves the recommendation from the Planning and Zoning Department to enter into a contract for services with TVGA to update the Eastern Hills Corridor Plan as proposed with a fee of $12,500. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said that as liaison to the service organizations, he noticed that there is a need for more people to get involved in the various organizations that benefit the Town. He scheduled a public meeting with representatives from these organizations on Monday, October 3, 2005 at 7:00 P.M. to discuss how we can revitalize these groups in the community. There has been a decrease across the country of citizens participating in clubs, organizations and attending public meetings on city or school affairs.
          Councilman Weiss added that a direct result of people getting involved was our Day In the Park event this year. We had a lot more groups involved, which resulted in a great event.

Motion by Councilman Weiss, seconded by Supervisor Hallock that upon recommendation by Highway Supt. Ted Donner, James Smith be appointed as Maintenance Worker in the Highway Department effective October 11, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Weiss, seconded by Councilman Kolber to set a Bid Date of October 25, 2005 at 10:00 A.M. for the purchase of an Emergency Generator for the Highway Department, Fuel Depot and Engineering and Building Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to authorize Foit-Albert Associates to proceed with their proposal for preliminary drawings and construction cost estimate for the retaining wall and step replacement at the Town Park Clubhouse at a fee of $2,500 to be paid from A 1440.434 Professional Services Account. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber that upon recommendation of Parks Crew Chief John Burns, approval is granted to transfer $9,000 from A 7110.100 Personal Services to A 7110.416 Gasoline and Oil. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that the Town Engineer and Town Attorney are currently developing a blasting ordinance for the Town. A public hearing will be held at a future date.

Motion by Councilman Kolber, seconded by Councilman McPherson to grant approval for Assessor David Folger to attend the 2005 Assessment Symposium on October 18, 2005 in Syracuse with reasonable and necessary expenses and use of a Town vehicle. On the question, Councilman Kolber said the Assessor was invited to sit on two panels. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber announced that there is an Electronics, Computers & Textile Recycling Day scheduled for Saturday, October 15, 2005 from 9am to 2pm at Erie Community College South Campus. They will take CPU’s, cell phones, monitors printers, televisions, etc. They are also accepting old clothes and textiles to be reused by the AMVETS or recycled.

Councilman Kolber said there was an interesting article in the Buffalo News regarding the proactive approach the Town of East Aurora has taken to maintain the character of the Town. It states that they have maintained the ambiance by keeping the big box stores out of their town.
          Councilman Kolber said that is his goal as councilman to keep this Town in tact.

Clarence Soccer Club requests approval for an addition to the existing pavilion at the Clarence Soccer Center, 10000 Clarence Center Road. Kevin Curry, Sherry Frost and Jack Colocousis were present. Sherry Frost presented a check in the amount of $502 represented the proceeds the Soccer Club earned at Day In the Park. They would like the Town to use the funds toward next year’s event. She commended the committee who did a great job. Supervisor Hallock thanked them on behalf of the Town of Clarence.
          Kevin Curry said the addition would include a storage area for the Parks Department to store some equipment. Additional lavatories are included along with a larger concession area. The building will be consistent with the existing style.
          Councilman Kolber said his children are involved in baseball, softball and soccer and use that park. He has questions as to how we are going to build out that park? Is each group going to have their own facility or one central building? How will it affect other groups fund raising efforts? Has it been addressed with the other leagues?
          Jack Colocousis said the revenue from the snack bar is minimal and is provided as a service. It is staffed only by volunteers. Anyone is welcome to buy things or use the facilities. It does not make any sense logistically for any other group to come in and run it. They have offered to work with baseball and softball in their own fundraising campaigns so that they can have their own concessions. They have plans to be able to take food out to the baseball fields using a golf cart. They are not excluding anyone from the services provided, but in terms of operation, the Soccer Club will run it.
          Councilman Kolber said he does not think it would be fair to give soccer exclusive use of that when other leagues are using the park. Mr. Colocousis said the baseball league does not want to take away from soccer. Town Attorney Steven Bengart said that as a legal matter, the Town does not have the right to exclude. Councilman McPherson said it is not practical for the other leagues to use the facility. You can probably solve the issue by relinquishing the exclusivity in favor of common logic.
          Councilman Kolber said he would like to see a full buildout plan for the park and what we are going to need.
          Town Engineer Joseph Latona said there are plans for additional pavilions for little league, etc. The distance from the existing facility prohibits continual uses.
          Councilman Bylewski said we are in the process of developing a Parks & Recreation Master Plan. We know that we are going to need to have more areas. In this case, we have the property, it is the matter of exclusivity.
          Kevin Curry said they have been working with the other leagues. It was a decision to address the current needs for soccer now.
          Councilman Bylewski said he understands that the Parks Department wanted to make sure their equipment would fit through the doors.
          Town Attorney Steven Bengart said there cannot be exclusivity. He has been talking about other arrangements with baseball and softball.
          Supervisor Hallock said there is a lease for the land, not the building until 2008. She appreciates that they made room for the Parks Department equipment.
          Motion by Councilman McPherson, seconded by Councilman Kolber to grant approval for an addition to the existing pavilion at the Clarence Soccer Center, 10000 Clarence Center Road, with the stipulation that the Town Attorney negotiates and approves lease approvals, no exclusivity is granted to any one group and that the Parks Department is able to store equipment in the designated area. Upon roll call – Ayes: All; Noes: None. Motion carried.

Country Park Day Care requests a Building Permit and Architectural Approval for construction of an addition to the existing day care facility at 8469 Sheridan Drive. Linda Clark, owner and representatives were present. James Hartz said the location is on Sheridan Drive, west Harris Hill Road. The plan shows a covered porch with an enhanced entranceway with handicap accessibility. The proposal requires a side lot setback variance, which would be a stipulation to any approval tonight. The set back being proposed is 6ft. 4in. Mr. Hartz said no comments have been received from the neighbor.
          Motion by Councilman McPherson, seconded by Supervisor Hallock to grant a Building Permit and Architectural Approval for construction of an addition to the existing day care facility at 8469 Sheridan Drive, subject to approval of the setback variance by the Zoning Board of Appeals. Upon roll call – Ayes: All; Noes: None. Motion carried.

Uncle Bob’s Self Storage requests a Building Permit and Architectural Approval for construction of a new office building at the existing self-storage facility at 8161 Main Street. Jeremy from Silvestri Architects and Jack Rogers from Uncle Bob’s Self Storage were present. James Hartz said the property is located in the commercial zone. The apartment is being removed.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to grant a Building Permit and Architectural Approval for construction of a new office building at the existing self-storage facility at 8161 Main Street. On the question, Councilman Weiss said he is recusing himself because he has a business relationship with principals of the company and he has used their services for many years. Upon roll call – Ayes: Councilmembers Kolber, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

Greiner Road Associates requests Concept Plan Approval for a four-lot Open Development Area with frontage lots at 8955 Roll Road. Neil Coccous, Wm Schutt & Associates is doing the site planning for Guy Berberich and Kevin Crotty. All were present. James Hartz said the location is Roll Road, east of Shimerville Road. The proposed site plan calls for extending a private drive accessing 6 lots, four lots in the Open Development and two frontage lots.
          Councilman Bylewski said there was some concern regarding the construction of the roadway. The applicants are aware of that.
          Town Attorney Steven Bengart said the applicants need to be aware that if this is just a four-lot open development, the Erie County Water Authority is asking that a homeowners association be developed and bylaws created to allow the entity to continue to exist. Their concern is that there is someone to bill forever and someone to sue or shut the water off on. It is required for five or more lots. The applicants are aware of this. There are two exception lots.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to refer the request by Greiner Road Associates for Concept Plan Approval for a four-lot Open Development Area with frontage lots at 8955 Roll Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Councilman Kolber said this is the kind of development that keeps the character of Clarence and is how we should grow.

Dave Gallagher requests a Building Permit and Architectural Approval for construction of an addition to the existing print shop at 9185 Main Street. Dave Gallagher said he employs 20 people in Buffalo, puts out three newspapers and has sales over $1 million per year. He would like to expand his business to Clarence. The existing building is 1,400 sq. ft. and he wants to add 1,000 sq. ft.
          Councilman Bylewski said the reason they tabled this item was they wanted see a little bit of an architectural rendering. Town Attorney Bengart said it was understood that the woman from the Chamber of Commerce offered to help with a rendering. Mr. Gallagher had an aerial photograph.
          Councilman Kolber said he was never against the project, but he wanted the Planning Board to make sure it meets all of the parameters. Mr. Gallagher said he is willing to comply with anything that is necessary.
          Councilman Bylewski asked if the proposal as presented, is the Town Board within its power to grant approval tonight? The Town Attorney said yes.
          Mr. Gallagher said he did not know why Councilman McPherson recused because there is no involvement in the project. Councilman McPherson said Mr. Gallagher approached him and mentioned the possibility of involvement in the construction. When that happens, it takes him out for participating in the approval of the project.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to grant approval for a Building Permit and Architectural Approval for construction of an addition to the existing print shop at 9185 Main Street. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None; Abstain: Councilman McPherson. Motion carried.

Doug Curella requests a Fill Permit in advance of a residential home development at 5625 Kraus Road. Mr. Curella said he would like to bring in fill to prepare the entrance to gain access to his property. James Hartz said the property is in the Agricultural/Rural Residential Zone. Ransom Creek runs through the property. Town Engineer Joseph Latona has reviewed and approved the permit pending notification of the source of the fill. The DEC is satisfied in regard to the creek.
          Motion by Councilman Weiss, seconded by Supervisor Hallock to grant a Fill Permit to Doug Curella in advance of a residential home development at 5625 Kraus Road, subject to the conditions of the Town Engineer. Upon roll call – Ayes: All; Noes: None. Motion carried.

Annual Renewal of Excavation Permits: A. Clinton Excavating; B. Buffalo Crushed Stone; C. Lakeside Sod. James Hartz stated that all of the appropriate paperwork and fees are received. The term is for the period of one year.
          Councilman Bylewski said there were not any complaints other than for the blasting at Buffalo Crushed Stone. James Hartz said there was a handful regarding Buffalo Crushed Stone. Councilman McPherson added that an individual at Buffalo Crushed Stone is in place to address these complaints. He has not heard about any dissatisfaction with that.
          Motion by Councilman McPherson, seconded by Councilman Kolber to grant renewal of Excavation Permits for the period of one year for the following: A. Clinton Excavating; B. Buffalo Crushed Stone; and C. Lakeside Sod. Upon roll call – Ayes: All; Noes: None. Motion carried.

Gary Wright, 5400 Old Goodrich Road spoke regarding the depleted water table in the area. Mr. Wright said most of this was discussed in the previous meeting. He feels that there should be no building permits issued, no start of new buildings or certificates of occupancy issued within two miles. We should be trying to protect our current and future residents. His house has a crack in it. The electric meter is pulling off the side of the house. Rev. Walker has problems with his home. His and Mr. Zillig’s ponds are depleted.
          He thinks there is a serious longevity problem with the sewer system that was put in. The plans call for SDR-35 and that is not the pipe that was used. He feels it is time to take action to see that this is corrected. Building in this area should stop until it can be proved that people can safely build here without problems.
          Councilman Bylewski read two letters from the Town to Richard Rink at the DEC regarding the Heise/Brookhaven Sewer System, dated September 14 and September 20, 2005 into the record. The letter written by the Town Attorney requests the DEC to take all appropriate steps to determine the cause of the pond drainage issue. Councilman Bylewski said the DEC is the enforcement body regarding the sewer line.
          Mr. Wright said it is going to create a monster and we could end up in the footsteps of the Town of Amherst. Councilman Kolber said we are very concerned, but the DEC is the one that has the authority. He will ask the Town Engineer to look at the difference of the pipe in the plans and the pipe that was used.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval of the following: Clubhouse Applications- A. Clarence Home Bureau – Oct. 6 & Dec. 6, 2005; B. Town of Clarence White Collar Union – Oct. 12, 2005; C. Clarence Soccer Club – Nov. 19, 2005; D. Cub Scout Pack 568 – Feb. 3 & March 19, 2006; E. Clarence Bicentennial Committee – March 10 & 11, 2006. Legion Hall Applications – A. Diane Palmeri – Oct. 8, 2005; B. Douglas Snyder – Oct. 15, 2005; C. Tina Battaglia – Oct. 22, 2005; D. Carolyn Cimato-Back – Oct. 29, 2005; E. Carrie Holden – Oct. 30, 2005; F. Smiling Shamrocks 4-H Club – Nov. 4, 2005, Jan. 6, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of September 22, 2005 are approved for payment: General Fund - $104,754.95; Highway Fund - $74,663.08; Lighting District - $1,112.31; Sewer District – $140.68; Capital Fund - $12,159.33; Aquatic Growth District - $345.00; Trust and Agency 203 - $10,390.00 for a total amount of $203,565.35. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the regular meeting at 9:15 P.M. in memory of Skip Grenzebach, former Supervisor from 1986 to 1993. Councilman McPherson said he would also like to add in memory of Leo H. Less, a longtime Clarence resident and American Legion member.

The Town Board resumed the Executive Session entered into prior to the regular meeting.

Nancy C. Metzger
Town Clerk