10/06/04


A Work Session of the Clarence Town Board was held October 6, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 9:00 A.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Director of Community Development James Callahan, Town Attorney Steven Bengart and Town Engineer Joseph Latona.

Supervisor Kathleen Hallock

The Conservation Committee subcommittee which handles the Deer Nuisance Permit Program will be conducting an informational seminar in October and will serve a light dinner.

Motion by Supervisor Hallock, seconded by Councilman Kolber to approve the expenses incurred at the Deer Nuisance Program informational seminar out of Account A8730.470 Expense and Travel. On the question, Councilman Weiss stated that this is a great program. Representatives from the Buck & Doe Shop and the DEC are present to answer any questions. Upon roll call - Ayes: All; Noes: None. Motion carried.

Town Board meetings are scheduled for the 1 st and 3 rd Wednesday in November. A morning Work Session is scheduled for November 10, 2004 at 9:00 AM Bob Rogers from Amtek will give an update. A disaster training and tabletop exercise will be conducted on Saturday October 9, 2004 from 8 AM until 12 noon. A Budget meeting is scheduled for Thursday October 14, 2004 at 9:00 AM with Tom Malecki.

Andrea Rebeck – NYS Office of Parks, Recreation and Historic Preservation

Congress established the National Historic Preservation Act of 1966. Since that time, the national historic preservation program has operated as a decentralized partnership between the federal government and the states with the common purpose of identifying, evaluating and protecting the nation’s historic properties. All preservation related programs are implemented primarily by the states through its State Historic Preservation Officers whose authority was also established by the 1966 legislation.

Recognizing the success of this relationship, Congress expanded the partnership to provide for participation by local governments. The 1980 amendments to the National Historic Preservation Act contained the authorization for a federal-state-local preservation partnership that became known as the Certified Local Government (CLG) Program. Federal law directs the Secretary of the Interior to certify qualified local governments through the authority delegated to the National Park Service. Working with the State Historic Preservation Officers, the National Park Service specifies several requirements that local governments must meet to qualify for certification. Any municipality may request certification. Certification is granted after a review by the State Historic Preservation Officers. Once the State Historic Preservation Officers are satisfied that the municipality meets all requirements, a recommendation for certification is forwarded to the National Park Service.

Certified Local Government status helps make historic preservation an official function of local government. Preserving historic resources strengthens community identity and enhances community character. Certified Local Governments are eligible to apply for specially earmarked grants through their State Historic Preservation Office.

Certified Local Government are required to enact and enforce local historic preservation legislation that meets state and federal guidelines for the designation and preservation of local historic resources. Establish and maintain a qualified local historic preservation commission. Maintain a system for the identification of local historic resources in coordination with the State Historic Preservation Office. Provide for public participation in its activities.

Over 160 municipalities in NYS have enacted historic preservation ordinances to protect historic properties at the local level. They can be highly effective in preventing demolition or inappropriate alteration of historic properties.

The National Register is an official list which is maintained for the federal government by the Secretary of the Interior. There is no authority in the law to restrict an owner from doing anything they want to the building including tearing it down. The only protection the town would have is if they passed a local law designating that property.

Director of Community Development James Callahan stated that the key to proceed with this is to move slowly and cautiously, public education is critical.

Andrea Rebeck stated that it is important to rely on your Town Planner; preservation must be part of your planning process.

The Town Board met in private to consult with Town Attorney Bengart.

The Work Session resumed at 11:30 A.M.

Supervisor Kathleen Hallock (cont)

Supervisor Hallock has a resolution requesting the Town Attorney Bengart proceed with Supreme Court action to obtain an injunction for removal of refuse/garbage at 5353 Shimerville Road.

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

Whereas, pursuant to Chapter 185 of the Code of the Town of Clarence, it is unlawful to empty or deposit or permit to be emptied or deposited any refuse or garbage in any place in the Town of Clarence except in a place or places and in a manner approved by the Clarence Town Board; and

Whereas, it has come to the attention of this Town Board that the owners of the premises located at 5353 Shimerville Road are in violation of this ordinance and after proper notice, have failed and refused to remove the refuse and garbage that has accumulated on said property for at least sex-weeks; and

Whereas, the owner of said premises has been notified by the enforcement officer, on four occasions, that she is in violation of the Town Code; and

Whereas, the owner has informed the enforcement officer that she has no intention of removing the refuse and garbage; and

Now therefore be it

Resolved, that pursuant to section 185-12 of the Code of the Town of Clarence, the Clarence Town Board hereby directs the Town Attorney to commence Supreme Court proceedings for the removal of the MSW and/or bulk refuse from said premises.

On the question, Councilman McPherson asked if the refuse could be removed immediately, Town Attorney Bengart stated that it is his understanding that we have to go to court first and that will take approximately a week or more. Councilman McPherson stated that this is a huge safety issue, this has happened in the past and we have taken care of it immediately and then extracted the payment.

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

Supervisor Hallock announced several weeks ago that there are vehicles driving on the bike path between Shamrock and Bridlewood. Parks Crew Chief John Burns will post signs stating motorized vehicles are prohibited, violators will be prosecuted.

Two weeks ago there was a discussion regarding sidewalk repairs. Town Code indicates that no sidewalk shall be repaired in the Town until a written permit is obtained from the Town Clerk’s office. Deputy Town Clerk Darcy Snyder stated that there is no such permit and no one has ever applied for one that she is aware of. Councilman McPherson stated that we have to bill the owner for repairs. Because this particular situation is a public safety issue, the Highway Department can take action however, the obligation falls on the owner. Town Attorney Bengart will send a letter to the owner indicating that the sidewalk has to be repaired according to Town specifications.

Councilman Ian McPherson

Councilman McPherson asked Town Attorney Bengart to review the formation of gas light districts. There are approximately 40 – 50 homes in the Shadyside area of town that is interested in establishing a gas light district.

The attempts to move the sewer bill issue along have failed because of irrational actions by the Amherst Town Board. Councilman McPherson will discuss this further at the next Town Board meeting.

Councilman Scott Bylewski

Town Attorney Bengart is reviewing the Twin City ambulance contract. Amherst and Newstead have already approved the contract.

The Town of Amherst has forwarded the Length of Service Award check for Swormville VFC in the amount of $431,214.82. Director of Administration and Finance Pam Smith personally went to pick up the check.

The Cable TV Committee will be forwarding a recommendation to adopt a new franchise agreement with Adelphia. The contract expires June 2005. Councilman McPherson stated that previous contract negotiations included equipment to be provided to the Clarence school system with the provision that the school develop the curriculum for the utilization of that equipment. The equipment was provided and part of it was that it would be upgraded to remain state of the art however; the Clarence school system never provided the curriculum to utilize it. Councilman Bylewski stated that in his conversation with the school district, they do not have a teacher to provide the curriculum nor the interest of the students.

Councilman Bylewski stated that there is a benefit to the school system that is being offered by Adelphia. The school district would like the school bus garage cabled. The recommendation that is coming from the Cable Committee as part of the agreement would be for the bus garage to be cabled for computers and communication purposes. The school district would have to pay for the internet.

There is talk regarding the Senior Citizen’s discount being included in the agreement.

The Concert Association expressed their appreciation to Park’s Department employees for their work on the band shell. The Concert Association would like to know if the display sign in front of the Main Street Park will be put back up after the Main Street project. Town Engineer Latona stated that if the sign was in the right of way, and the state took it down, they will put it back up. They are also looking to expand the sidewalk in front of the band shell. Town Engineer Latona will meet with Parks Crew Chief John Burns and Peter Wolfe from the Concert Association to see what needs to be done and to schedule the work.

There is a patch of grass between the back of the Clubhouse and the basketball court, the basketball court is where there is wheel chair and handicap accessibility to get back to the band shell for concerts. There have been several problems getting wheel chairs to this area; the Concert Association is requesting something be put down to allow easy accessibility. Town Engineer Latona suggested a meeting with Parks Crew Chief John Burns to figure out what needs to be done.


Councilman Joseph Weiss

Councilman Weiss attended a meeting on sprawl. There is a rumor going around that a Dash Market is going in the former Jubilee building however Councilman Weiss checked and the rumor is not true.

In light of the recent vandalism, there was discussion regarding the hiring of constables.

Given the fact that the Erie County Sheriff and NYS Police are under budget constraights and have to prioritize it was suggested the town hire two part time constables in lieu of part time security guards. The constables could receive training through a registered police force.

Councilman McPherson stated that this would be an alternative to a police force and it would be worth pursuing.

Councilman Weiss stated that he stopped into the Youth Center last night; there were two adults monitoring two youths. Councilman Weiss will attend the next Youth Center board meeting and address the issue of hiring a full time Youth Director.

Councilman Weiss announced that he attended a public workshop regarding Buffalo Niagara International Airport Noise Compatibility Study. There is very little they will be doing in Clarence because the decibel level is not that great. The flight path may be changed, but that will be left up to the discretion of the pilots.

Councilman Bernard Kolber

Councilman Kolber spoke with TCBA President Joseph Miano regarding the advertisement signs displayed on the fence at several baseball fields. Mr. Miano assured Councilman Kolber that they would be taken down.

Councilman Kolber spoke with members of Clarence Rotary, Senior Building Inspector David Metzger and representatives from the school regarding the Nature Center. The Rotary is looking for ways to heat the building, bring water into the building and provide rest rooms. The money will be raised through fund raisers. There were issues regarding humidity in the building so the surplus dehumidifier from the Building/Engineering Department was put into service at the Nature Center.

Deputy Town Clerk Darcy Snyder presented the 2005 Tentative Budget to the Town Board.

There being no further business, the meeting was adjourned at 12:15 P.M.

Darcy A. Snyder

Deputy Town Clerk