10/13/04


A Work Session of the Clarence Town Board was held October 13, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:05 P.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, and Assistant Director of Community Development James Hartz, Town Attorney Steven Bengart and Senior Building Inspector David Metzger.

Director of Community Development James Callahan

Public Hearings:

A Public Hearing is scheduled for 7:45 P.M. to receive public input to identify potential projects for Community Development Block Grant funds.

Formal Agenda items:

Forbes-Capretto Homes requests approval for an off-premises real estate sign at 8241 Sheridan Drive. The only mechanism for allowing an off-premises real estate sign would be a Temporary Conditional Permit. Concerns from adjoining property owners and neighbors have been forwarded.

Sandy Baker 6215 Goodrich Road requests a Change-in-Use to add a hair salon to existing residential home located in a Commercial Zone. There are concerns about parking in the front and the extension of sidewalks.

Work Session items for consideration at the 10/27/04 Meeting

Jim Ramesy 10748 Main Street

Applicant requests a building permit for construction of a garage in the Commercial Zone. The proposed site is located on the north side of Main Street, west side of Salt Road. The area is located within the Traditional Neighborhood District including the Clarence Hollow overlay. It was suggested that any projects in the Clarence Hollow area be referred to the Clarence Hollow Association Architectural Committee for review.

Dan Cox 8370 Main Street

Applicant requests a building permit for construction of an addition to existing medical office building in the Commercial Zone. Applicant is seeking permission for a two-story addition to the rear of the existing structure for the purpose of creating more storage and administrative office space. No additional patient care rooms are proposed.

Mike Petroci 9000 Main Street

Applicant requests a building permit for construction of a greenhouse at the existing landscape business in the Commercial Zone. All required setbacks will be met by proposed addition. No existing parking spaces are removed.

Mike Helbringer 8455 Clarence Center Road

Applicant requests an amendment to the existing Planned Unit Residential Development (PURD) at Bristol Home/Vinecroft Housing complex. Applicant is seeking to split off one residential lot 100’x300’ for construction of a single family dwelling on the northeast corner of the property. It is calculated that the density as amended would remain in compliance with the PURD classification.

NOCO Energy Corporation 8945 Main Street

Applicants request a demolition permit for existing home built over 50 years ago. Per recent law amendment, action is classified as a Type I Action under SEQRA requiring coordinated review.

Supervisor Kathleen Hallock

Clarence High School Council is requesting permission to hold their annual Homecoming Parade down Main Street on October 16, 2004.

Supervisor Hallock has transfer of funds for Animal Control, Assessor’s Office and Town Clerk’s Office.

Supervisor Hallock has a Resolution regarding the filing of a grant application for funds from NYSDOT Industrial Access Program for road construction to extend Eastern Hills Corridor.

Supervisor Hallock has a Resolution regarding the Emergency Medical Service agreement.

Supervisor Hallock is meeting with area Town Supervisors for a discussion regarding Sheriff’s road patrols. A meeting is also scheduled for Saturday to meet with County officials.

Animal Control Officer Jerome Schuler is proposing an increase in dog licensing fees. This will be discussed at the next Town Board meeting. The old flagpole at the highway department is being replaced; Mr. Schuler asked permission to have the flag pole for his own personal use. There is no use for it. The Town Board was in agreement with this.

Supervisor Hallock has a Resolution authorizing Donald Gallo, Consulting Engineer general services during construction and resident inspection services for the little league baseball diamond installation for Memorial Park.

Copies of applications were passed out for Scott Marchant for the Inter-Community Committee and Tracy Franciso for the Ethics Board. Appointments will be made at the next meeting.

Supervisor Hallock will make a motion to retain David K. Silverberg of Silverberg, McGorry, Sellers and Silverberg as outside counsel to represent the Town of Clarence in litigation with regard to damages and potential litigation involving the Clarence Library and its construction.

A Budget meeting is scheduled for October 14, 2004 at 9:00 A.M.

A public informational meeting will be held on December 6, 2004 at 7:00 P.M. at Clarence Town Hall for the Rails to Trails additions on the abandoned Canandaigua to Niagara Falls rail line known informally as the “Peanut Line.” More information will follow.

A Public Hearing will be scheduled for November 3, 2004 at 7:45 P.M. to consider the Preliminary Budget and Special Districts Assessment Roll for the Town of Clarence for 2005.

Supervisor Hallock has a Resolution for renewal of Rural Transit Services.

Town Justice Sillars is recommending the appointment of Dennis J. Sharkey as Court Officer part time.

Supervisor Hallock will have an announcement about Red Ribbon Week.

Supervisor Hallock has one item for Executive Session regarding discipline of a particular person and one item regarding negotiations.

Councilman Ian McPherson

Councilman McPherson will announce a resignation from the Traffic Safety Board.

Councilman McPherson will discuss Clarence-Amherst Sewer District #2 situation.

Councilman McPherson was contacted by NYS DOT regarding parking restrictions along Main Street in the Hollow. They would like the Town to recommend to them that we remove the restrictions regarding parking on Main Street in Clarence Hollow. The DOT feels that their snow removal crews can work around the parked cars allowing more parking on Main Street. If there are cars in the way, the DOT will alter their snow removal procedures, that will put less of a burden on the sidewalks.

Councilman Scott Bylewski

Councilman Bylewski received the Amherst Central Fire Alarm report for September 2004.

The Clarence-Newstead Fire Chiefs Association is recommending the Town of Clarence enter into emergency care service with Twin City Ambulance Company to provide ambulance service. Area Director of Civil Defense Dave Bissonette stated that this was a unanimous recommendation by the Clarence fire departments. The contract for emergency ambulance services was also signed by the Towns of Amherst and Newstead, and the Villages of Akron and Williamsville.

Councilman Bylewski will announce that we have received the Length of Service Award check for Swormville VFC from the Town of Amherst in the amount of $431,214.82.

The Planning/Zoning Department is requesting a transfer of funds for payment on the Adequate Public Facilities Contract.

Councilman Bylewski will give an update on the number of building permits issued.

Director of Community Development James Callahan will give a moratorium update.

There have been several situations that have come up regarding people trying to get approval for major subdivisions they are proposing as minor subdivisions. Director of Community Development James Callahan stated that this is an on-going issue. We have no ability to track minor subdivision splits until it is too late. Town Attorney Bengart stated that this has been on going for years. The County Clerk’s job is to accept documents for recording, it is not their job to see whether a property is legal or not. Jim Callahan stated that he has asked the building department not to process any building permits outside of subdivisions until his department gets a chance to review and make sure a certificate has not been approved for a minor subdivision. Town Attorney Bengart will contact County Legislator Mike Ranzenhofer to see if there is something he can do at his level and possibly have his staff contact the County Clerk’s office about notifying the Town when a situation arises. We can not stop the property split but we can notify the purchaser ahead of time.

Councilman Bylewski will set a Public Hearing for November 17, 2004 at 7:45 P.M. to consider adopting a local law imposing a surcharge pursuant to Vehicle and Traffic Law Section 1809-D.

Councilman Bylewski had a conversation with Municipal Review Committee member Phil Sgamma regarding the Bubble Boy application. There are concerns over the NYS DOT plans and what the Town of Clarence would like to see. Director of Community Development James Callahan stated that this project would require a Special Exception Use Permit. Before this project goes through all the studies, site plans and reviews, Mr. Callahan questioned whether this is a land use that is going to be acceptable to the Town Board. The NYS DOT has already stated that they will allow an access.

Councilman Joseph Weiss

Acting Highway Superintendent Ted Donner is requesting authorization to charge five pieces of 24” drainage pipe to the town wide drainage account.

Town Assessor David Folger is requesting approval for Linda Hirtreiter to attend a Mass Appraisal and Reassessment Process class in Batavia October 26 – 28, 2004 with all necessary and reasonable expenses.

Town Assessor David Folger is requesting approval to attend a seminar on planning, development and adverse soil conditions at the Buffalo Convention Center on November 9, 2004 with all reasonable and necessary expenses including use of the Town vehicle.

Councilman Weiss will comment on the workshops he attended regarding urbanism and

the Buffalo Niagara International Airport noise compatibility study.

Councilman Weiss will schedule a pubic informational meeting October 26, 2004 @ 7:00 P.M. to address the vandalism that has occurred in town. Representatives from the Sheriff’s Department will be present to explain how to set up a Neighborhood Watch Program.

Councilman Weiss has one item to discuss in Executive Session.

Councilman Bernard Kolber

A Boy Scout from Clarence Troop #215 is working on his Eagle Scout badge and is requesting approval to refurbish the flag pole at the Nature Center. Councilman Kolber will go to the Nature Center to see what needs to be done and respond to this request.

Boy Scout Troop #93 will be here this evening, they are working on their government badge and would like to talk to the Board members. Councilman Kolber suggested they do the pledge to the flag.

Councilman Kolber would like to revisit the issue regarding park pavilion fees. He will talk with Town Clerk Nancy Metzger after this tax collection.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter in Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the discipline of a particular person(s), 105(1) E Collective negotiations pursuant to Article 14 of the Civil Service Law and 105 (1) Pending litigation regarding Gary Wright. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, the meeting adjourned at 7:17 P.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:38 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, October 13, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Boy Scout Troop 93 from St. Paul’s Episcopal Church led the Pledge to the flag. Scott Moore of Eastern Hills Wesleyan Church gave 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 Director of Community Development James Callahan, Town Attorney Steven Bengart, Deputy Supervisor Anne Case and Building Inspector David Metzger.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held September 22, 2004 as received. Upon roll call – Ayes: Councilmembers Bylewski, Weiss, Kolber and Supervisor Hallock; Noes: None. Abstain: Councilman McPherson. (He was not present.) Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to grant permission to Clarence Central Senior High School to use Main Street from Berrafato’s to the High School on Saturday, October 16, 2004 starting at 12:30 P.M. for their Homecoming parade. On the question, Supervisor Hallock said the High School has contacted the Erie County Sheriff’s Department for an escort and all necessary emergency services have been notified. Also, if any horses are to be included, the school has been advised that the trainer will be required to pick up any animal waste. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the transfer of funds in the General Fund as follows: $200 from A3510.479 Other Unclassified to A3510.451 Repair and Maintenance of Vehicle. On the question, Supervisor Hallock said this is in the Animal Control budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the transfer of funds in the General Fund as follows: $219 from A1410.434 Professional Services, $400 from A1410.470 Expense and Travel, and $800 from A1620.251 General Equipment for a total of $1,419 to account A1410.220 Office Equipment. On the question, Supervisor Hallock said these are in the Town Clerk’s budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the transfer of funds in the General Fund as follows: $21,500 from A1355.1 Professional Services, $7,000 from A1981 Grant Writing Consultant and $11,500 from A1990 Contingency for a total of $40,000 to A1355.434 Professional Services. On the question, Supervisor Hallock said these are for professional services in the Assessor’s office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize Donald Gallo, Consulting Engineer for general services during construction and resident inspection services for the little league baseball diamond installation for Memorial Park at an hourly rate not to exceed $8,000. Payment will be made from Project No. 79. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to retain David K. Silverberg of Silverberg, McGorry, Sellers & Silverberg as outside counsel to represent the Town of Clarence in litigation with regard to damages and potential litigation involving the Clarence Library and its construction to be effective as of October 6, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski that based upon the recommendation by Town Justice Robert Sillars, Dennis J. Sharkey, 4397 Arondale Drive is appointed as Security Officer Part-time. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Scott Bylewski to set a Public Hearing for Wednesday, November 3, 2004 at 7:45 P.M. to consider the Preliminary Budget and Special Districts Assessment Roll for the Town of Clarence for the year 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that a public information meeting will be held at the Town Hall on December 6, 2004 at 7:00 P.M. regarding the rails-to-trails addition on the Peanut Line. To date, 8 sections of the trail have been partially constructed of a possible twelve. This would complete the Peanut Line segment in the Town of Clarence. The Town seeks to complete the trail from Transit Road to the Newstead townline. The Town also seeks to provide amenities along the entire trail such as, emergency telephones, signage, mile markers, gazeboes, etc. Public comments and questions are welcome.

Supervisor Hallock announced Red Ribbon Week in the Town of Clarence. This is a time for gratitude for all the lives that remain drug free, a time to pledge to live a safe and drug free life and a time to remember those we have lost in the fight against drugs.

As the Clarence schools recognize October 23 – 31, 2004 as Red Ribbon Week, the Town of Clarence would also like to proclaim October 23 – 31, 2004 as Red Ribbon Week for a Drug Free America.

Supervisor Hallock said we would like to encourage schools, parents and organizations to support any activities during this period to help raise awareness and prevention of substance abuse. We ask the residents to participate by wearing a red ribbon or dress in red during the week to recognize their commitment to promote a healthy and drug free Town. Red Ribbon Week began as a tribute to a fallen drug enforcement agency hero killed in 1985 by drug traffickers.

Supervisor Hallock said she received a letter from a resident of Goodrich Road commending our part-time Animal Control Officer James Smith for extraordinary work. It was a pleasure to receive such a letter.

Supervisor Hallock said she has received numerous communications and talked to the County of Erie Department of Budget, Erie County Sheriff Gallivan, Erie County Legislator Mike Ranzenhofer regarding the possibility of the elimination of Sheriff patrols in the Town of Clarence. Late today another letter was received from Erie County saying that the County currently pays for snowplowing roads located in our Town and are considering alternatives effective January 1, 2005. Supervisor Hallock said these late-breaking notices are upsetting because the Tentative Budget for the Town has already been prepared. The implication is 17% of the Highway Budget in snowplowing revenues. These are very drastic measures. She does not know what the answer is at this point. A meeting is scheduled for Saturday with all of the Town Supervisors and Erie County Division of Budget and Management.

Motion by Councilman McPherson, seconded by Councilman Kolber to adopt the following resolution:

RESOLVED, that Kathleen E. Hallock, as Supervisor of the Town of Clarence, is hereby authorized and directed to file an application for funds from the New York State Department of Transportation, Industrial Access Program, in an amount not to exceed $1,000,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Clarence for road construction to extend the Eastern Hills corridor to connect with Main Street (NYS 5) and Sheridan Drive (NYS 324).

BE IT FURTHER RESOLVED, that the Town of Clarence will contribute $90,950 in cash and in-kind goods and services, or 9% of the total project cost of $1,090,950.

On the question, Councilman McPherson said this is to segment construction of the through road and in addition to the $300,000 that we had committed to that project already.

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

Motion by Councilman McPherson, seconded by Supervisor Hallock to accept, with regret, the resignation of Linda Nastasi from the Traffic Safety Board effective immediately. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said applications will be accepted for anyone interested in serving on the Traffic Safety Board. Applications are available in the Supervisor’s Office.

Councilman McPherson acknowledged Curt Cashmore who is here tonight representing the Clarence Chamber of Commerce.

The Chamber of Commerce is hosting a luncheon on Thursday, October 21, 2004 at the Central Station with guest speaker Deputy County Executive Carl Calabrese.

Councilman McPherson said there has been the back and forth issue over the sewer bills by the Town of Clarence, Erie County Sewer District No. 5 and the Town of Amherst. Amherst has recently taken an action to try and force the Town of Clarence and Erie County Sewer District No. 5 to pay bills that were sent without providing proper documentation. It is the contention of both the County and the Town of Clarence that the formula they used to compile these bills was violated. We have asked repeatedly for documentation and were told that it is too difficult. It is exactly the documentation that they should have used to compile our bills. We believe that we have the right to know how these bills are computed.

As an example, the flow analysis that Amherst used is at odds with the flow data that they submitted to the Department of Environmental Conservation. In addition, there are things we believe that are included in our billings that should not be such as the pellitizing plant, the tax clerk, plumbers, building inspectors, engineering staff, electrician crew, sanitary engineers, mechanics, computer IT and GIS staff. There is nothing in the contract that includes any of that.

Councilman McPherson said we hired Fox & Company to audit some of these bills to allow us to have the proper substantiation to expend tax dollars to pay these bills. The information requested has not been received. He met with Amherst Councilmember Shelly Schratz, the Amherst financial officer and other key people to try and settle this issue short of litigation. Litigation would involve the Town of Amherst suing the Town of Clarence and Erie County Sewer District No. 5 to collect. Part of the discovery process would require the information that we are asking for. The discovery process would be very expensive. We would have to go back to 1991, which is when we believe the discrepancies began. The County and the Town of Clarence offered to pay a substantial portion of the bills from 1991 to 2002 without any recourse going back on either party. It would eliminate any legal fees or accountant fees and set the tone for a formula using bills for 2003 as a template. The process would involve all three parties agreeing on what should be in the contract and anything that could not be agreed upon would be submitted to arbitration. The Town of Amherst rejected the offer and began proceedings to cut off sewer service to the Town of Clarence and Erie County Sewer District No. 5. That would involve cutting of service to approximately 400 of their own residents. He publicly asks the Town of Amherst officials to come to their senses on this matter so that we can all sit down and resolve this issue and save the taxpayers an awful lot of needless expense.

Councilman Bylewski received the Central Fire Alarm Office Operations Report for September 2004. Town of Clarence fire companies responded to the following: Motor vehicle fires – 2; Miscellaneous fires – 6; EMS calls – 96; Motor vehicle accidents – 13; and Miscellaneous calls – 50 for a total of 167 alarms.

Councilman Bylewski read a communication from the Clarence – Newstead Fire Chiefs Association stating that at their regular meeting held September 16, 2004, they unanimously approved the recommendation of the EMS Contract Committee to switch emergency care service currently provided by Rural Metro Corporation to Twin City Ambulance Co. effective January 1, 2005. They feel Twin City has met or exceeded the requirements set forth for the new contract and would provide the best available service to the residents of the Town of Clarence.

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

Whereas, the Town of Clarence is desirous of entering into an agreement for providing pre-hospital emergency ambulance services pursuant to the provisions of General Municipal Law Section 122-b; and

Whereas, the Ambulance Service is desirous of furnishing emergency ambulance service to the Municipality under the terms and conditions of the agreement; and

Now Therefore Be It Resolved, that the Clarence Town Board authorizes the Supervisor, Kathleen E. Hallock to sign the Pre-Hospital Emergency Medical Services Contract pursuant to the terms and conditions of said contract with Twin City Ambulance Co.

On the question, Councilman Bylewski said the Towns of Amherst and Newstead, the Villages of Akron and Williamsville, the Board of Fire Commissioners of Clarence Fire District No. 1, and the Chairman of the Board of Fire Commissioners of the Snyder Fire District have also signed the contract for emergency ambulance services. He thanked all of the members of the EMS Board and in particular those present tonight, our Disaster Coordinator and Commissioner of Clarence Fire District No. 1 David Bissonette, East Amherst Fire Chief Michael Morris, and Clarence Center Fire Chief Michael Rogowski.

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

Councilman Bylewski reported that Disaster Coordinator David Bissonette held a tabletop disaster exercise on Saturday. It was a worthwhile training session. He wanted to thank everyone who attended the session. They also wanted to thank the Supervisor’s secretary Karen Jurek and Town Council’s secretary Ruth Schultz for their assistance in putting it together.

Councilman Bylewski said as stated earlier, we have been in discussions with the Town of Amherst regarding the sewer bills and their refusal to pay for their portion of the Level of Service Awards Program for the fire companies who service both Towns. They said they sent the check in the mail. It was not received. We were in contact with Amherst and eventually they cut another check in the amount of $431,214.82, which our Director of Administration and Finance drove over to Amherst to pick up.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve a transfer of funds in the amount of $5,905 from account A1680.230 GIS Mapping to account A8010.472 Master Plan Expenses for payment on the Adequate Public Facilities Contract to Freilich, Leitner & Carlisle. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski referred to Director of Community Development James Callahan to give the 13 th status report on the action items being worked on since we have been under the moratorium.

James Callahan reported that the Planning Board has completed their review of Draft 5 of the amended Zoning Law and Map and has forwarded a recommendation to the Town Board for adoption. The Town Board issued a Negative Declaration under SEQRA to allow them to pursue adoption of the law. A public hearing is scheduled for the next meeting on October 27 th.

The Planning Board has initiated review of the Draft Subdivision Law and has it on their next agenda for review.

The Planning and Zoning Office has forwarded a proposed Landscape and Tree Law to the Planning Board to initiate a review.

The consultants working on the Adequate Public Facilities Ordinance will shortly forward their initial memo on the ability to adopt such legislation and details associated with it.

They are still working on the final contract to pursue a Parks and Recreation Master Plan.

Councilman Bylewski said there was an article in a journal called “Country Folks West” that the Supervisor brought to his attention titled “Erie County Agriculture Adapting to Change, Census Shows”. The statistics indicate that Erie County farms continue to adapt to changing business conditions, new farm products and development pressures from urban and suburban sprawl. Erie County has the second highest number of farms in the state at 1,289. Russell Barton, Erie County Farm Bureau Present said, “our county and town governments need to take an active role in ensuring that farming continues to be an important part of the County.” They encourage towns to maintain a supportive business environment for farmers by passing right to farm laws. The article mentions Clarence as developing purchase of development rights programs to permanently protect land for farming and the approved bond to fund town efforts. Other towns are considering similar measures.

Councilman Bylewski reported that the Building Department issued the following building permits in September 2004: 4 in subdivisions and 12 outside for a total of 16. September of 2003 there were 7 issued in subdivisions and 9 outside for a total of 16. The year to date for 2004 is 89 in subdivisions and 57 outside for a total of 146. The total year to date for 2003 was 167.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing for November 17, 2004 at 7:45 P.M. to consider adopting a Local Law imposing a surcharge pursuant to Vehicle and Traffic Law Section 1809-D. On the question, Councilman Bylewski said the most recent State Legislation prohibits monies from fines for local traffic infractions from staying in the towns. This local legislation would impose a surcharge of $10 per violation that would be kept in the Town of Clarence. Town Attorney Steven Bengart said he and the Supervisor met with the Town Justices to seek their opinion and they do not wish to give an opinion. Legislation is not appropriate for them to comment on. They did indicate that the institution of this law and the collecting of the surcharge would not be an issue in their courts. Mr. Bengart said the State legislation constitutes a major revenue loss that would have to be picked up by the whole Town versus the people committing the violations. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said in regard to the issue of the Sheriff patrols, Sheriff Gallivan came out today in response to the County Executive. He said that the eight towns comprise only 12% of the Sheriff’s budget. It is ridiculous to charge people who are already paying for the service.

Motion by Councilman Weiss, seconded by Councilman McPherson to authorize the charge of 5 pieces of 24” drainage pipe to the Townwide Drainage District account SD8540.210 to restore the crossings that were removed from the drainage ditch between Northfield and Westphalinger Roads. On the question, Councilman Weiss said this is a budgeted item. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to grant permission for Assessor David Folger to attend a seminar on planning, development and adverse soil conditions to be held November 9, 2004 at the convention center with fee of $40 and use of a Town vehicle. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to grant approval for Linda Hirtreiter to attend a Mass Appraisal and Reassessment Process class in Batavia on October 26 – 28, 2004 with all necessary and reasonable expenses paid by the Town. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he attended the Federal Aviation Noise Study meeting. The purpose is to establish a standard method that airports can use to analyze the noise created by airport operations. Unfortunately, the decibel levels do not directly impact the residents of the Town of Clarence in terms of dollar remediation. They have determined certain areas where they would provide for insulation and new windows. They would change flight paths under the final determination of the pilots. Some of the buildings that they would do remediation work on would cost about as much as their value. There is a public hearing on November 4, 2004 at 7:00 p.m. at the Maryvale School complex to give comments. The final review will take up to six months to complete.

Councilman Weiss attended the George Grasser seminar at the Asa Ransom House discussing sprawl. He indicated that Western New York is experiencing the greatest kind of sprawl with no growth and continued development. Some of the remedies such as the new urbanism of creating small walkable communities are very difficult in an automotive society. It was very interesting and he suggested anyone who has the opportunity to attend one of his presentations to do so.

Councilman Weiss added that he believes an Adequate Public Facilities law will help address the issues of sprawl in our Town.

Councilman Kolber thanked Boy Scout Troop #93 for leading in the Pledge to the Flag tonight.

Motion by Councilman Kolber, seconded by Councilman McPherson to adopt the following resolution:

Whereas, Rural Transit Service, Inc. provides transportation services to eligible, low and moderate income persons who reside in the Towns of Clarence and Newstead and the Village of Akron; and

Now, Therefore Be It Resolved, that a meeting of the Clarence Town Board duly held on Wednesday, October 13, 2004, the Town Board hereby agrees to sign onto the van program and continues to support Rural Transit Service Inc. for the 2005-2006 Community Development Block Grant year.

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

Councilman McPherson said pursuant to the completion of the Clarence Hollow Route 5 widening project, part of the project included placing parking spaces wherever possible. The Department of Transportation representatives indicated today that they would like the Town Board to agree with them on removing the restrictions on overnight parking in the Clarence Hollow during the coming winter months. They feel comfortable leaving the parking spaces in over the winter.

Motion by Councilman McPherson, seconded by Supervisor Hallock that the Town Board accepts the recommendations of the Department of Transportation and to follow in their recommendations with our recommendations to proceed with the removal of these restrictions. Upon roll call – Ayes: All; Noes: None. Motion carried.

Public Participation

Elaine Rowley, 6205 Goodrich Road said she lives next to the location of item 13. She already has a hard time backing out of her driveway. Pine Breeze is across the street where people believe the stop sign is optional. The Highway Department is on the other side of her. The general appearance of the property is also bad.

Curt Cashmore speaking on behalf of the Chamber of Commerce said they are recommending that the Town Board take any action necessary to approve the Change-In-Use for item 13.

A Public Hearing was held to receive public input to identify potential projects for Community Development Block Grant funds. James Callahan said some of the statutory requirements for receiving this fund include: benefit to low to moderate income persons, job creation or extension for low to moderate income persons; housing for low to moderate income, elderly or handicap persons, or an urgent need. The Town of Clarence would not be eligible under much of the criteria. However, under the consortium of Erie County towns and villages, we can apply for some generic needs.

Mr. Callahan said some of the potential projects could be for handicap accessibility improvements for Town owned buildings, sidewalks and trail improvements and sanitary sewer improvements.

Supervisor Hallock said she has been in contact with the Erie County Dept. of Environment and Planning to determine some possible projects for the Town of Clarence. Handicap access to town owned buildings was done several years ago. The Rural Transit Van shared with Newstead, which was approved earlier, benefits low to moderate-income persons as well as others.

Councilman Bylewski asked if we had to specify specific areas for sewer improvements? James Callahan said he believes it would have to be a specific area and it would have to benefit low to moderate income. Erie County Dept. of Environment and Planning does have a program in place for sewer connections where sewer capacity is already available. We have received some funding for sidewalks in the past, but have not come up with an appropriate area this time.

Supervisor Hallock said we have considered an addition of a handicap bathroom facility at Meadowlakes Park. Councilman Weiss asked about the handicap accessible sidewalks to ball diamonds. Supervisor Hallock said the Lions Club just paid to have a handicap accessible path installed at Meadowlakes Park.

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.

Motion by Councilman Bylewski, seconded by Councilman Kolber to authorize the Supervisor to sign, submit and execute a contract with the Erie County Community Development Block Grant program for the following projects upon approval of the Erie County Community Development Block Grant program authorities: 1. Town owned building ADA accessibility; 2. Meadowlakes Park handicap accessible bathroom facility; and 3. Rural Transit Service. Upon roll call – Ayes: All; Noes: None. Motion carried.

Forbes-Capretto Homes requests a Temporary Conditional Permit for an off-premises real estate sign at 8241 Sheridan Drive. James Callahan said the location is the southeast corner of Sheridan Drive and Helenwood Drive in the Agricultural Zone.

Tim Morgan, Forbes-Capretto Homes said they are asking for placement of this sign. Their sign company told them that no sign permit was required, however, after placing the sign they were informed they needed permission for an off-premises sign. They have negotiated with the homeowner of the site. They would like placement for one year with the possibility of an extension. The sign is 3’ x 5’ constructed of wood. The purpose is because the Roxberry Subdivision is off the main roads.

James Callahan said a sign of that size is not allowed in an Agricultural Zone. A potential alternative is for a temporary sign for up to 60 days in a one year period. There is also a provision in the Sign Law for Planning Board review of subdivision signs as part of the site plan approval. This is offset from the entry to the subdivision.

Mr. Morgan said they want a sign for more than 60 days.

Motion by Councilman McPherson, seconded by Councilman Kolber to refer the request for an off-premises real estate sign at 8241 Sheridan Drive to the Planning Board. On the question, Councilman McPherson said they must apply for a temporary sign permit while the Planning Board is reviewing it. Councilman Bylewski said his firm represents an entity that Mr. Lasky is involved with, so to remove the appearance of impropriety, he will recuse himself from voting. Upon roll call – Ayes: Councilmembers Kolber, Weiss, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Sandy Baker requests a Change-In-Use to add a hair salon to an exiting residential home in the Commercial Zone. James Callahan said the location is on 6215 Goodrich Road just south of the entrance to the Building Department in a Commercial Zone consisting of approximately .27 acres.

Councilman Bylewski asked about the parking recently added to the front of the building because it is unusual to have on street parking like that in the Clarence Center area. Sandy Baker said she talked to Town Engineer Joseph Latona and he said she would have to speak with the County. The County told her it would be okay, but she would have to give the Town Engineer a drawing of how she wanted to expand it. Mr. Latona said it would be fine and she could have the gravel delivered. They talked about gravel versus paving because of the drainage problem on the property. To access the parking area, you must pull into the driveway first. She also has a double driveway that you can park diagonally in.

James Callahan said the parking requirement is one space per 200 sq. ft. of commercial space.

Sandy Baker said the first part will be a waiting area and barbershop and behind that a 15’ x 15’ styling room. Also, on the first floor an efficiency apartment. Mrs. Baker and her son will be operating the business there.

Councilman Bylewski said there are concerns regarding that type of parking in that area which is considered a traditional neighborhood district. One solution may be to move the parking to the back. We should have the Planning Board look at the site and how it relates to the Master Plan.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request for a Change-In-Use to add a hair salon to an exiting residential home at 6215 Goodrich Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence Democratic Committee – Nov. 1, 2004; B. Clarence High School – Nov. 15, 2004; C. ROHA – Nov. 29 & Dec. 9, 2004; D. Clarence Welcome Wagon – Dec. 3, 2004; E. Historical Society – Jan. 27, April 28, May 26, July 28, Sept. 22 & Oct. 27, 2005; F. First Presbyterian Church – March 5, 2005; Legion Hall Applications – A. Sheila Hai Oct. 30, 2004; B. Charlene May – Nov. 26, 2004; C. Donald Kreher – Nov. 28, 2004; D. Lucille Ess – Dec. 12, 2004; E. 4-H – Jan. 7, March 4 & May 6, 2005; F. Girl Scout Troop #984 – 2 nd Friday each month 2005; G. Tina Battaglia – March 20, 2005; H. Kelly Braunschidle – May 21, 2005; and I. Mark Francisco – Oct. 23, 2004. Nature Center Application – A. Clarence Rotary Club – Oct. 22, 2004. On the question, Councilman Bylewski said he is a member of item A. of the Clubhouse Applications, however this is ministerial and he will be voting. 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 October 7, 2004 are approved for payment: General Fund - $143,506.44; Highway Fund - $36,254.54; Water District - $34,200.18; Sewer Districts - $3,516.78; Capital Fund - $67,973.96; and Special Revenue Fund - $1,972.50 for a total amount of $287,424.40. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Councilman Weiss suggested to the Boy Scouts in the audience, now that they attended a Town Board Meeting, they should watch the Amherst Town Board on television so they have an idea how the different towns conduct the business of their town. He thanked them all for coming.

Councilman Kolber wanted to close the meeting tonight in memory of a longtime friend of Clarence who just passed away, Barbara Ponvert.

There being no further business, Supervisor Hallock adjourned the meeting at 8:45 P.M.

Nancy C. Metzger

Town Clerk