10/25/06


A Work Session of the Clarence Town Board was held on October 25, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 5:35 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss, Bernard Kolber, and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart and Highway Superintendent Ted Donner.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss the employment history of a particular person. Upon roll call – Ayes: All; Noes; None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 6:00 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.

The Work Session resumed at 6:00 P.M. Other Town Officials present included
Senior Building Inspector David Metzger, Director of Community Development James Callahan, Director of Administration and Finance Pam Smith, Town Engineer Joseph Latona and Confidential Secretary to the Supervisor Karen Jurek.

Highway Superintendent Ted Donner

Highway Superintendent Ted Donner gave an update on the brush clean up after the October 13th storm. Last Saturday, October 14th, the state came in to help with the clean up efforts. They worked with the town throughout the weekend and throughout the entire week however, due to other obligations and to prepare for snow removal, they are withdrawing. Basically most crews withdrew over night, however there are several crews left on Main Street, Sheridan Drive and Transit Road but for the most part they have withdrawn. Superintendent Donner was not pleased that the state pulled out because there are many areas that have not been touched. This morning, three different contractors showed up to support us. Each contractor started out with ten crews. Mr. Donner designated sections of the town, he has it divided into four zones so he can monitor where they are. Each crew was given a map and a zone and was told that is where they are to work. The County hired inspectors. We have an inspector at our pit where the trucks come in, as a truck comes in the inspector verifies whether the load is either 50% or 90% and then he signs off on a three part carbon invoice. The driver gets a copy and the county gets the other two copies. There are inspectors in the street also looking at lawn damage and they are also verifying that the trucks are being loaded. There is also an inspector to verifying that a truck has been empty on the way out just to make sure they are not driving around in circles. It is not Mr. Donner’s responsibility but to be sure, he measured some of the trucks. Some of the trucks had stickers indicating how many cubic yards they hold so they were checked for accuracy. There are three companies working throughout the town and they have hired outside contractors from Pennsylvania, Texas, and Florida etc. Mr. Donner has observed their work and they know what they are doing. The Arondale area was hit hard. The state promised us five crews just for that area and only two chipper crews came in on Saturday and never really got organized. They were hand chipping on site which is a slow process. The majority of the brush is now being hauled out.

The County has provided a brush grinder and has since brought in a second grinder. The material that is being ground will be hauled away by the County. Because of all the truck traffic, the County is rebuilding our road going to the compost site.

Buffalo Crushed Stone came in for two days with their heavy equipment and pushed all the brush towards the NYS DOT facility. Two days later, they consolidated our single chip piles into one making more room for the brush coming in. In addition to that, there were problems with two-way traffic on the road going back to the compost site so Mr. Donner obtained permission from NYS DOT to cut through their fence. Trucks are now coming in through the town road and existing through the NYS DOT property.

Both Chautauqua and Cattaraugus County crews came to help us out as well.

Highway Crews are working from 7 AM – 7PM. Several crews worked until midnight chipping brush.

Clarence Center Volunteer Fire Company

Supervisor Hallock stated that there is the possibility that the budget numbers might change, there may be additions or deletions and for that reason, the fire company public hearings will be closed and adjourned until the November 1, 2006 Town Board meeting.

Tom Brady representing Clarence Center VFC gave an explanation of their budget request. Mr. Brady analyzed last year’s expenditures vs. anticipated expenses. He went line by line and combined the town’s format to theirs. Outside of utilities and replacement fund for vehicles, they were able to hold the line. The cost of fuel has increased as well. Clarence Center VFC has plans to purchase a new rescue truck in 2008. The budget for the truck is $475,000. However they have not gone out to bid on it yet. The cab was ordered now. If the cab was not ordered now, the cost of the truck would have been $15,000 more because of new regulations on the engines.

Councilman Kolber asked what their reserve fund balance was going forward. Mr. Brady stated that when the building was built, the mortgage was not large enough which was bad planning on the building committee. Mr. Brady further commented that he thought the new accessory building would be paid for with proceeds from the Labor Day picnic.

For the year ending March 2006, $260,000 was put into a reserve fund for vehicle replacement. Supervisor Hallock stated that the budget request for 2007 is $154,000.

Councilman Weiss asked if any of the fire departments considered becoming self insured as a group for liability and/or physical damage. Tom Brady stated that he has not been involved in any conversation regarding this.

Councilman Weiss also questioned whether it would be more prudent to go with a smaller Chief vehicle rather than a $35,000 - $40,000 vehicle. The resale on these vehicles is not very good. Mr. Brady indicated that they go by what is on state bid. Both Supervisor Hallock and Councilman Bylewski felt that this was worth looking into.

East Amherst Volunteer Fire Company

East Amherst VFC budget request went down 4.19% from last year. Several representatives from East Amherst VFC indicated that they appreciated meeting with the Town Board earlier in the year, it helped them during their budget process. The Town of Amherst cut their budget $34,000 last year. Because of that budget cut, East Amherst VFC was not able to be as active in public education and the revitalization project for Substation #2 has been put on hold.

Harris Hill Volunteer Fire Company

Supervisor Hallock indicated that she did not receive as much information from Harris Hill VFC as she had hoped for. She received projected data but no history from past budgets so the Board could see past expenditures. Councilman Bylewski asked if there were any major purchases coming up in the next three years. Harris Hill has already signed an agreement for the purchase of one new Septhem fire truck; delivery will be in six to eight months. The vehicle will cost approximately $300,000; they have $100,000 to put down. Supervisor Hallock stated that in the tentative budget, she put in a 3% raise for Harris Hill however they requested a 5.06% increase.

Representatives from Harris Hill VFC stated that they have run a very tight budget last year in fact they delayed air-pact purchases that were anticipated out of last years budget and they have cut their travel and recreation budget. The big unknown is what their eventual mortgage payment is going to be. The original loan was $4.2 million, they budgeted $240,000 per year for mortgage payments. Last year they budgeted $270,000. They are hoping that by paying down the mortgage, they will be able to annualize that to $240,000. Everything was based on the $4.2 million loan amount. They successfully won a lawsuit regarding the concrete floor in the truck bay but it cost them $35,000 to defend it.

The fire department has service contracts (security monitoring, environmental controls, HVAC, mechanical contract) that have come in higher than anticipated. Councilman Kolber asked if Harris Hill VFC has applied for any grants. Councilman Casilio indicated that every fire company in town received at least $100,000 in grants except Harris Hill. Harris Hill has applied for grants three years in a row and never received anything. It was suggested that Harris Hill talk to other fire departments that were successful in receiving grants and possibly obtain help in writing their grants. There are grant writing seminars available.

Rapids Volunteer Fire Company

Supervisor Hallock stated that she received financial statements from an accounting firm. Rapids VFD is requesting $38,000 which is an increase of 5%. Jason Kolberg representing Rapids VFC stated that this is more of an increase than what they have requested in the past however, they have run into a few problems. They are eliminating Bingo next year beginning in January 2007. There are new stipulations for running Bingo and the fire company took a big hit last year. They are in the process of trying to renegotiate their contract with the Town of Lockport the current contract does not expire until 2008; it is a three year contract. At this point, they are not agreeing to renegotiate the contract and now it involves all the Town of Lockport fire companies. In the interim, Rapids VFC is looking for more money to help them in their everyday functions. The Bingo money typically paid for the heating and electric bills etc. Councilman Bylewski asked Mr. Kolberg to find out the amount of money Rapids VFC would be receiving from the Town of Lockport. Rapids Fire Company has two ambulances and currently provides free ambulance service to the residents within their district. One of the ambulances is costing more in mechanical repairs and they are putting more money into it than they should. Rapids VFC will begin reviewing specs for a new ambulance; they are hoping to have it in service by next year. The approximate cost of a new ambulance is $80,000. They had to borrow money from their truck fund to cover some of the bigger expenses. Supervisor Hallock stated that in the Tentative Budget, she allowed for a 3% increase.

Swormville Volunteer Fire Company

The Town of Amherst has funded Swormville budget request entirely however, it will not become official until their public hearing next week. They are requesting a 12 ½% increase in their budget from the Town of Clarence.

Assistant Director of Community Development James Hartz

Public Hearings:

Frank & Laura Dirocco 8799 Stahley Road – a Public Hearing is scheduled for 7:45 PM to consider the request for a Special Exception Use Permit for a secondary living unit at 8799 Stahley Road. The proposed site is located on the southwest corner of the intersection of Conner Road and Stahley Road on an existing vacant lot consisting of approximately .16 acres zoned Residential Single-Family. The lot is considered a pre-existing lot of record and is an acceptable building lot.

Formal Agenda items:

Epiphany United Church 9520 Wehrle Drive
Applicant is proposing to develop a new 9,000 square foot church campus. The proposed site is located on the north side of Wehrle Drive, west of Gunnville Road on existing vacant land consisting of 14.24+/- acres, zoned Agriculture Rural Residential and Industrial Business Park.

Clarence Fire Department 10355 Main Street
Applicant is proposing to construct an accessory structure in the Commercial Zone portion of the property. The proposed site is located on the south side of Main Street, east of Shisler Road at existing fire hall located on 5.1 acres within the Traditional Neighborhood District and the Commercial Zone. The proposed structure will meet all setbacks in the Commercial Zone.

Donald Hoch 4125 Transit Road
Applicant is proposing a Change in Use to allow an automotive tinting operation in the existing building. The proposed site is located on the east side of Transit Road, south of Main Street in front of Toys R Us in existing vacant building located in the Major Arterial Zone consisting of .51 acres. A public hearing will be required to consider a Special Exception Use Permit for an automotive use at this location. Councilman Casilio suggested the applicant be made aware that he can not sell any vehicles from this site.

All Season Rental 5855 Transit Road
Applicant is seeking approval for an additional structure to the rear of the property. The proposed site is located on the east side of Transit Road, south of Clarence Center Road at existing mini-storage facility located on 1.1+/- acres in the Major Arterial Zone. A setback variance for the rear and side yards is being applied for and heard by the ZBA. Applicant asked to be removed from the agenda.

Strickler Estates Subdivision 5700 Strickler Road
Applicant is seeking approval to dedicate approximately 2200 lineal feet of Shamus Lane. The proposed site is located on the west side of Strickler Road, north of Greiner Road. This subdivision has received Development Plan approval for the 23 lot residential subdivision on 8/10/05. The Engineering and Highway Departments have forwarded recommendations on the dedication and certified that the roads have been installed to Town standards.

Tim Krantz 9086 Lapp Road
Applicant is seeking concept plan approval on the Open Development Area as designed and as recommended by the Planning Board. The proposed site is located on the north side of Lapp Road, west of Heise Road intersection on existing vacant land and topsoil operation located on 130+/- acres in the Agricultural Zone. A Negative Declaration under SEQRA was issued on the proposed design on 9/27/06. The Planning Board has forwarded a recommendation with conditions.

Paul Thomas 4745 Goodrich Road
Applicant requests an amendment to the Planned Unit Residential Development (PURD) to allow for construction of a 26’ x 26’ accessory structure. The proposed site is located on the east side of Goodrich Road, north of Main Street at existing residential lot located on 6+/- acres within the Spaulding Lake Estates PURD. Applicant is proposing to construct a large accessory structure to be used as a pool house.

Stephen Levandusky 10821 Main Street
Applicant is proposing to split the property to create an additional residential building lot on the Bodine frontage. The proposed site is located on the south side of Main Street and the north side of Bodine Road on existing residential property containing .75 acres. The Main Street frontage is located within a TND Zone and the Bodine Road frontage is in the Residential Zone. Minimum lot size is achieved for a sewered lot in the TND Zone (1,5000s.f). Minimum lot size may not be achieved in the residential zone and may require interpretation or a variance from the ZBA as to lot size for a lot in the residential zone. Applicant agreed to be removed from the agenda. The ZBA will review.

Supervisor Kathleen Hallock

  • Supervisor Hallock will make an announcement regarding the October 13th storm and the ongoing Highway Department cleanup. Disaster Coordinator Dave Bissonette will give a report.
  • Supervisor Hallock reminded the Board of the 2:30 P.M. budget meeting scheduled for tomorrow, October 26, 2006.
  • Animal Control Officer Jerome Schuler is requesting Town Board approval to take care of the euthanasia process for Orleans County for animals in their possession at a fee of $25 per visit and $5 per animal. This is a temporary situation until Animal Control in Orleans County obtains their license.
  • The Board received an invitation from NYSEG to attend a dinner Friday, October 27, 2006 at Joseph’s Country Manor. They are donating a generator to the Town of Clarence.
  • Supervisor Hallock and Highway Superintendent Ted Donner will be attending a meeting at the Harlem Road Community Center on Friday, October 27, 2006. Instructions will be given on how to apply for FEMA reimbursement for our costs.
  • Supervisor Hallock has a resolution supporting the Friends of the Arboretum grant request.
  • The Board received a copy of a resolution authorizing the Supervisor to submit a grant request in the amount of $3,920 to NYS Department of Environmental Conservation for trees at Memorial Park.
  • Supervisor Hallock will appoint Donna Wannamaker to the Bi-Centennial Committee.
  • Supervisor Hallock received a list of resolutions that the Erie County Farm Bureau passed at their membership meeting. Anyone wanting a copy should see Supervisor Hallock.

Councilman Scott Bylewski

  • Councilman Bylewski will announce the FEMA telephone number for anyone seeking aid or small business loans.
  • Councilman Bylewski received information regarding refunds for cable television. The refund will be pro-rated based on the number of days a person was without cable and what type of service you have. The refunds will show up as a credit on your December bill.
  • Councilman Bylewski will announce the appointment of Richard Bigler to the Planning Board (moved up from the alternate position) with a term to expire December 31, 2008.
  • Al Festaiuti will be appointed to the Landscape Committee.
  • Councilman Bylewski announced that the Planning Board alternate position is still open.
  • Councilman Bylewski received information regarding the Adequate Public Facilities Law.
  • The fire chiefs are looking for a 4-way stop at Roll and Thompson Road. Currently it is a 2-way stop coming off of Thompson Road. Highway Superintendent Ted Donner is in favor of it as well as the Traffic Safety Board.
  • Councilman Bylewski will make two appointments to the Youth Advisory Council, there are still two vacancies.
  • There is a grant available from the Quality Communities. Youth Director Dawn Kinney is exploring the grant; it could be for a potential Community Center. Dawn is trying to obtain information regarding prices of the study. The grant is a matching grant – 80% grant money and 20% from the town. The Board was interested in pursuing this.

Councilman Joseph Weiss

  • After the meeting with Amherst Councilwoman Shelly Schratz, Councilman Weiss contacted Amherst Councilman Dan Ward requesting information on the sewers. Mr. Ward suggested Town Attorney Bengart call Amherst Town Attorney Tom Jones. Town Attorney Bengart stated that he has had conversations with both Dan Ward and Tom Jones in the past and the talks have gone no where on this issue. That is why we have hired counsel.
  • Because of the October storm, the Deer Management Program will begin in November instead of October.
  • Councilman Weiss along with several other Board members have received numerous telephone calls regarding the town football league. There are approximately 500 children in this program; this is the first season all three leagues have made it into the finals. They have already negotiated to play the remainder of their playoff games in other towns but they need to use our fields with the lights because they have to practice at night. The league has to schedule two practices per team in order to qualify for the playoffs. Councilman Weiss left a message with Parks Crew Chief John Burns to get his input.
  • Councilman Weiss will meet with Town Engineer Latona next week regarding the skate park.
  • Upon recommendation of Town Engineer Joseph Latona, Councilman Weiss will set a Public Hearing for November 15, 2006 to modify the Open Development Law.

Councilman Bernard Kolber

  • Councilman Kolber thanked all the fire departments and everyone that helped out during the storm. Councilman Kolber was at the Harris Hill fire department and they were receiving one call per minute. They received 4 x’s the amount of calls than they usually do. Firemen were working around the clock and responded to the fire at the high school.
  • Town Assessor David Folger is requesting Town Board approval to attend a seminar on Subdivision Analysis on November 3, 2006 in Cheektowaga. The fee is $95 and includes lunch.

Councilman Patrick Casilio

  • The Traffic Safety Committee received a request for turning lanes at Harris Hill and Main Street and a traffic signal at Rock Oaks.
  • Several light poles went down during the storm. Councilman Casilio suggested inquiring as to whether FEMA will cover the cost to replace them. Two light poles were damaged in the Harris Hill area as well.

Town Attorney Steven Bengart

  • Town Attorney Bengart gave an update on the case Marinaccio vs. Town of Clarence. It was scheduled before Judge Sedita on October 31 for a motion to dismiss. It has been moved to November 14, 2006. Town Attorney Bengart will attend that hearing.
  • The Zoning Board of appeals has been sued with regard to the Floss Lane matter. Counsel has been retained.
  • Town Attorney Bengart has one attorney/client privilege item to discuss.
  • Regarding the matter of People vs. Joseph Frey, Judge Sillars has made a decision and the sentencing is scheduled for November 9th.
  • Regarding the matter of Mark Ziemba 8290 Stahley Road, he has pleaded not guilty and a trial date has been set for November 28th.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105(1) H of the Open Meetings Law to discuss the proposed purchase or lease of real property. Upon roll call - Ayes: All; Noes: None. Motion carried. Councilman Casilio left the meeting.

There being no further business, the Work Session adjourned at 7:25 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:30 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 25, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:36 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer read by Supervisor Hallock.

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Asst. Director of Community Development James Hartz, Town Attorney Steven Bengart, Town Engineer Joseph Latona and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held October 4, 2006 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve a fee schedule of $25 per visit and $5 per animal as submitted by the Animal Control Officer to assist Orleans County. On the question, Supervisor Hallock said this is a temporary situation, in the spirit of inter-municipal cooperation, with the Town of Clarence helping out Orleans County. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to appoint Donna Wanamaker as a member to the Bicentennial Committee. On the question, Supervisor Hallock said this is an annual appointment with this appointment to fill an unexpired term. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:
          WHEREAS, the Friends of Clarence, Inc. is applying to the New York State Department of Environmental Conservation for a project grant under the Urban and Community Forestry Program to be located at the Clarence Arboretum, a site located within the territorial jurisdiction of this Clarence Town Board; and
          WHEREAS, as a requirement of these programs, said not-for-profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located,"
          NOW, THEREFORE, BE IT
          RESOLVED, that the Clarence Town Board hereby does approve and endorse the application of the Friends of Clarence, Inc. requesting funds from the New York State Department of Environmental Conservation, Urban and Community Forestry Program for planting of trees at the Clarence Arboretum, on land owned by the Town of Clarence.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock offered information following last week's storm. The Town of Clarence is still operating under a State of Emergency. The driving ban was lifted on October 15th, but there is still traffic advisory in effect due to the amount of debris on the roads. Please watch for branches, especially at intersections and curves in the roads and watch for people backing out of their driveways and not being easily seen.
          The Highway Department, with outside help, will be clearing the brush until the Town is clear, weather permitting. Brush should not be placed on the roads or where it could block fire hydrants, gas meters, phone boxes, etc. Brush should be parallel to the road, adjacent to the road and not in it. Other debris should not be included in the brush piles. Town Highway crews are working from 7 am to 7pm. The Highway Department has done an outstanding job with the brush removal. The amount of brush is estimated to be over 718,000 cubic yards and seems to be inexhaustible. When you see someone from the Highway Department, thank them for the great job.
          Supervisor Hallock said her secretary; Karen Jurek was absolutely invaluable to the residents. After acting as Shelter Officer on Saturday, October 16h, the Supervisor met Karen at the Town Hall to go through the 54 calls that had come in. Last week, they took over 250 calls along with assistance from the Parks Department and the Legal Department. Karen logged all the calls and spent all of her time trying to solve problems. While most callers were grateful, we had the occasional phone call where we were sworn at, accused of wallowing in luxury while other people suffered and were even threatened.
          Supervisor Hallock is very grateful for the efforts of our disaster coordinator David Bissonette and the deputy coordinator, David Baumler. They put in many hours and their work is ongoing. Supervisor Hallock toured the Town with the President of NYSEG on October 15th to identify priority areas such as the Brothers of Mercy, senior housing and generally areas where health and safety were seriously threatened. Many problems could not be solved easily.
          Supervisor Hallock was pleased to see recognition of Harris Hill Fire Company member Kathy Rider in today's Clarence Bee. Kathy was always at the shelter working very hard making sure everyone was comfortable and fed.

Supervisor Hallock announced that Halloween will be celebrated as scheduled on Tuesday, October 31 from 5pm to 8pm. For parents concerned about safety for their children in neighborhoods inundated with debris, the Zion Lutheran Church on Clarence Center Road has generously scheduled a Halloween party for children up to grade 6 from 6 – 7:30 pm. There is also a celebration at the Eastern Hills Mall on Sunday from 1 – 4pm.

Councilman Bylewski said there are a lot of volunteer organizations out there trying to help Clarence remove debris from property. Anyone who is interested in volunteering to help out friends and neighbors should call and he will get them in touch with the right people.
          Councilman Bylewski said the disaster has been declared a Federal issue. The phone number to contact FEMA is 1-800-621-FEMA. First, people should contact their insurance agent to see if anything is covered.
          Councilman Bylewski thanked everyone involved for helping the Town get back up and running. Several officials of the Town, including himself had tried contacting various news outlets to get information out there. For whatever reason, our information was not getting out there.
          Councilman Bylewski thanked the disaster coordinators and the fire companies for their assistance. The high school was our designated shelter and they had an issue where they had to evacuate the building. They helped move the people effectively and efficiently and should be commended.

Councilman Bylewski said he received a copy of a press release from Time Warner Cable stating that customers do not need to call them for a credit. A credit will show on the December bill for customers who had power restored, but did not have cable. Credits will vary from $1.13 to $3.84 per day based on the level of service.

Councilman Bylewski said that Rich Bigler was appointed to the Planning Board at the last meeting. For the record, his term will expire 12/31/08.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Albert Festaiuti to the Landscape Committee. On the question, Councilman Bylewski said he fulfills the requirement of a landscape professional. He is also involved with the Conservation Advisory Council. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there is still an opening for an alternate on the Planning Board.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Beverly Capochearo and Michael Bowers to the Youth Advisory Council with terms to expire 12/31/06. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there are still two openings on the Youth Advisory Council for anyone interested.
          As a reminder, the Youth and Family Needs Survey is available. He encourages everyone to fill one out and get it in.

Motion by Councilman Weiss, seconded by Councilman Kolber to set a Public Hearing for November 15, 2006 at 7:55 p.m. to consider a Local Law amending Chapter 193 Open Development Areas. On the question, Town Engineer Joseph Latona said this is in regard to water supply for fire protection. We will delete the section allowing for sprinkler systems as stated in the NYS Building Code. A copy of the proposed amendment is on file in the Town Clerk's office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he would like to thank the firemen, Town officials Highway Department and all Town employees who helped the Town to get through the recent disaster.

Councilman Weiss said the deer abatement program should begin around November 1st.

Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that Kathleen Hallock, as Supervisor of the Town of Clarence, is hereby authorized to submit a request to the New York State Department of Environmental Conservation, Urban and Community Forestry grant program for $3,920, and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to this Town of Clarence for planting 40 trees in Memorial Park on Clarence municipal property in the Town of Clarence; and be it further
          Resolved, that the Town of Clarence will provide $7,907.20 in-kind goods and services, or 67% of the total project cost of $11,827.20.
          Upon roll call – Ayes: All; Noes; None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to grant permission for Assessor David Folger to attend a class on subdivision analysis on November 3, 2006 with a fee of $95. This class provides 6 credit hours for his certification. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber thanked everyone for their efforts through the storm. He especially thanked Harris Hill Fire Company for providing shelter for those in need. Kathy Rider was there for days helping to take care of people.
          Councilman Kolber said NYSEG brought in a generator to provide power to Brothers of Mercy. People said they did not see trucks, but they were out there working very hard to restore power.

Councilman Casilio said we lost a lot of street lights due to the storm and he hopes FEMA will reimburse us with that cost.

Councilman Casilio said the Traffic Safety Board received requests for traffic light modifications at Main and Harris Hill to include a left hand turning lane and the timing of the light.
          There is also a request for a traffic light at Main and Kraus.

Councilman Casilio thanked the Highway Department for their initial work to remove the snow and the ongoing job of trying to pick up all of the brush. His fire company received 75 calls in two days. All the fire companies received an overwhelming amount of calls. Clarence and Harris Hill provided shelters, which he found out how difficult that can be. The School District was also very helpful at first to provide a shelter and then the buses to move the people.
          FEMA inspectors have been out to survey the damage to our Town.
          Councilman Casilio said the Supervisor was working 7 days a week on this manning the shelter, taking calls and everything else. He thanked her for her leadership throughout the disaster to keep everyone organized.
          Councilman Casilio said they cannot say enough about how they tried to get information out to the public. We will have to work on that for the future. It came down to contacting residents who are radio personalities to get the information out.
          Dick Marion of NYSEG was here every day helping to get our power restored. He helped to get the generator to get the Brothers of Mercy back up after their generator overheated. Supervisor Hallock added that he was working out of the town hall all day today.

Department Reports

David Bissonette, Disaster Coordinator said we are no stranger to snow, but the heavy snow with foliage still in full bloom led to what we experienced. He believes that NYSEG came prepared to do the job in a timely fashion.
          Mr. Bissonette said when we experience an event of this magnitude; he breaks it down into four categories – life and safety, traffic and economy, infrastructure and recovery. We are just coming out of the infrastructure phase. Some areas may have temporary fixes that might fail before the crews can come back to fix them permanently.
          In regard to shelters, he relies heavily on outside sources such as the Red Cross. He feels that their response to the Town on this event was poor. Our place is to provide the building, which we use the high school and other schools if necessary. The school district also provided buses to pick people up. The fire companies brought people in from locations that a bus could not travel. We went through three schools and did not have the assistance from the Red Cross.
          Mr. Bissonette said we are being serviced by outside contractors for brush pickup. He is disappointed that the NYSDOT is pulling out today. He thanks them for their help, but that is not what was agreed to. The Highway Department is left with 50% of the job left to do. The estimated volume of brush is 725,000 cubic yards at a rate of $12 per cubic yards. That is a recoverable dollar from FEMA. The contractors coming out are prescreened by Erie County. We need to get this work done now to get the full FEMA package prepared. Ted needs all of the resources he can get to get the job done. We are continuing with the State of Emergency for this purpose.
          Mr. Bissonette said the issue of Brothers of Mercy was discussed. It would have been a huge undertaking to move 250 people. Councilman Casilio added that the whole area was in the same situation with power, so it would have been difficult to find another location nearby.
          Mr. Bissonette said he tried to get our Supervisor on camera and the radio, but for some reason we kept getting bumped to the bottom. He did not use the Reverse 911 system because he did not feel we would get enough out of it with phone and electric services being out.
          Mr. Bissonette stressed that residents have to exhaust their insurance coverage before a FEMA application can be addressed. FEMA will be looking at capital issues such as building structures, furnaces, water heaters, etc. They do not refund cosmetic items such as carpeting or furniture.
          Mr. Bissonette thanked the Highway Department and the Parks Department for all of their help. They had to do things that were out of their normal routine. This was a perfect example of this Town having to take care of itself. He believes we should be prepared for the future to take care of us.
          Councilman Casilio said we will address our Disaster Plan and how it worked through this storm. We were able to get cots from Millard Suburban and Brothers of Mercy since the Red Cross did not come through. He suggested that we use the senior center as a shelter location in the future. We could work to get a generator through grants. The membership could help staff it during a disaster.
          David Bissonette said it does not work well to use the fire halls because the volunteers usually have many other tasks to perform during a disaster.
          Mr. Bissonette said he has prepared an action item list for the future including 150 cots, blankets and pillows; senior center modified to take a portable generator for the short term and long term to have a generator installed; modification to all signals on State highways to have them generator ready.
          Councilman Bylewski said one thing that comes up in regard to preparedness is that individuals should also be prepared for anywhere from 3 – 7 days. He asked how residents can find out how to be prepared. Mr. Bissonette said they can go to the FEMA website. There is a whole section on citizen preparedness. It includes a checklist of items based on the number in the household.
          Supervisor Hallock thanked Dave for the fine job he did.
          David Bissonette thanked the Town Board on behalf of himself and David Baumler for the support of the actions they needed to take. He also appreciated their help.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a secondary living unit at 8799 Stahley Road. James Hartz said the location is at the corner of Stahley and Conner Roads in the Residential Single Family Zone.
          Laura DiRocco said this is for her husband's mother and aunt. It will not change the appearance of a single-family home. The space will become part of their living space once they are gone. They are aware of the conditions.
          With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that the Clarence Town Board after a public hearing duly held on, October 25, 2006, and after all interested parties being heard, grants a Special Exception Use Permit to the applicants, Frank and Laura DiRocco, for a secondary living unit as part of the construction of single-family home with an in-law apartment on the residential property located at 8799 Stahley Road subject to the following conditions: 1. Unit must be secondary to the principal dwelling and not converted to a rental unit. 2. Occupancy shall be limited to family members, paid employees or temporary guest. 3. Deed restriction to be placed into the deed for the property restricting its use so as not to allow for the two-family dwelling to be utilized or converted into a rental unit and such deed restriction language to be submitted and approved by the Town Attorney. 4. Proof of filing of the approved deed submitted to the Town Attorney.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a contract with Clarence Center Vol. Fire Company for fire protection for the year 2007, contract amount $693,900.
          Tom Brady, Treasurer said their budget request is approximately 2.65% over last year. There was a question over one item, which was clarified.
          Councilman Bylewski said this year we are asking for multi-year forecasting and he thanked them for doing that.
          Supervisor Hallock said the public hearing will not be closed tonight, but adjourned until the next meeting. The amount in the tentative budget is the amount that was requested and she does not expect a change.
          With no one speaking to the subject, the Public Hearing is adjourned until November 1, 2006 at 8:00 P.M. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a contract with East Amherst Fire Department for fire protection for the year 2007, contract amount $248,048.
          Ken Rusin, President thanked the Town Board for their service and the open lines of communication that they have.
          Councilman Bylewski said last year they did not receive the amount requested from the Town of Amherst and he asked how much the difference was. He also asked what they did to offset that. Mr. Rusin said the amount was $34,000. They reduced public education, upgrades and modifications to Station No.2, and equipment and training.
          Councilman Casilio asked what happened with their request to Amherst this year. Mr. Rusin said that after several meetings, they received what was requested.
          With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Councilman Casilio to adjourn the Public Hearing until November 1, 2006 at 8:00 P.M. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a contract with Harris Hill Vol. Fire Company for fire protection for the year 2007, contract amount $733,385.
          Larry Nieciepozeski, President said they had a very tight budget request. He hopes that some amends can be made to restore their request of $748,065.
          Councilman Bylewski said it was mentioned that they will have a vehicle delivered in the next 6 – 8 months. Larry Nieciepozeski said they have a ballpark figure, but prices always go up. They are trying to keep it as close to $300,000 as possible.
          Councilman Kolber said their maintenance costs have increased substantially. Mr. Nieciepozeski said they did not realize that the alarm system and security system costs about $10,000 to maintain. They also have a certified building that requires going along with all of the contractors for about five years in order to maintain the certification. Supervisor Hallock said she thought they were supposed experience a refund. Mr. Nieciepozeski said they have not received anything yet. It would be a rebate on some of the installation costs.
          With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Supervisor Hallock to adjourn the Public Hearing until November 1, 2006 at 8:00 P.M. On the question, Councilman Casilio thanked the Harris Hill Fire Company for the use of their fire hall as a shelter during the storm. Councilman Bylewski said he understands that there was some damage to their building from this use. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a contract with Rapids Vol. Fire Company for fire protection for the year 2007, contract amount $33,990.
          Supervisor Hallock said the President was present at the Work Session, but was called into work.
          Councilman Bylewski said their request was for $38,000.
          Councilman Casilio said they mentioned that they are closing down their bingo operation and will have to make up for a $20,000 a year shortfall.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Public Hearing until November 1, 2006 at 8:00 P.M. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a contract with Swormville Vol. Fire Company for fire protection for the year 2007, contract amount $181,496.
          Albert Weisser, Board Member, Dave Stengel, Vice President were present.
          Supervisor Hallock said the amount requested was $198,315, but she put in a figure of 3% over last years amount. She felt that 12.5% increase was kind of high.
          Mr. Weisser said the maintenance costs keep going up. They did a 3-year forecast and just the price of a truck from a previous purchase went way up. They try to replace a vehicle every 6 years. This cut will really hurt them a lot. They are trying to educate the politicians on how they do their budgets. The budget they submitted is a real figure and they asked the Town Board to reconsider.
          Councilman Kolber thanked them for the program they put on explaining their operation.
          Councilman Casilio said you are very conservative company. He felt bad that they were apologizing for replacing an 80 year old building. They have also been one of the most successful in obtaining FEMA grants.
          Councilman Kolber said it would be great if they shared their knowledge with other companies on how they were so successful in obtaining grants.
          Councilman Weiss said he is sorry that he missed their presentation, but was informed by the other Board members. It certainly helps to understand how their operation works.
          Councilman Bylewski asked how much their 2006 budget was cut by the Town of Amherst and how they offset the shortfall. Mr. Weisser said they spread it out evenly over their budget. They are thinking about purchasing generators with a future grant.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Public Hearing until November 1, 2006 at 8:00 P.M. Upon roll call – Ayes: All; Noes: None. Motion carried.

Epiphany United Church requests Preliminary Concept Review of a new church facility at 9520 Wehrle Drive. James Hartz said the location is just west of Gunnville Road with 300 ft. frontage along Wehrle. The first 300 ft. is zoned Agricultural Rural Residential and the remaining portion is Industrial Business Park.
          Urban Cushing, Pastor said their church has been in existence for over 100 years and have served the area near Genesee and Domedion. When he first came here 20 years ago 50% of the membership lived within three miles and now 60% live in towns to the east. They need to move out where their membership is. They have a long history of community service. They charter the oldest Boy Scout troop in Buffalo. They also charter a Cub Scout troop. They have been instrumental in founding Shiller Park Senior Center and community housing for low-income families.
          The preliminary plan is to start with a community center. They are here to respond to the needs of the community whether it is a senior center or a youth center or whatever. They would use the space as a worship sanctuary until they build the third phase.
          Councilman Kolber said the parking area is situated close to the adjacent homes and he asked if it could be positioned differently to provide a little more buffering. David Hess said he drew the plans according to the Town regulations. He can move it. They are proposing trees between the parking lot and the backyards of the neighbors. Councilman Kolber said he would like to see as much of a buffer as possible. The church has one service with about 150 attendees. Mr. Hess said they will do anything they can not to upset the neighbors.
          Mr. Hess said they would like to maintain as many trees as possible. They have no intention to do anything to the north other than possibly a walking trail. The project is to be completed in phases. The first phase would include a septic system large enough to accommodate the entire project.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request by Epiphany United Church for Preliminary Concept Review of a new church facility at 9520 Wehrle Drive to the Planning Board for further review. Upon roll call – Ayes: All; Noes: None. Motion carried.

Clarence Fire District No. 1 requests a Building Permit and Architectural Approval for construction of an accessory structure at 10335 Main Street. Councilman Casilio said he is a member of the Clarence Fire District so he will recuse himself from this issue.
          James Hartz said the first 300 ft. of this property is zoned Traditional Neighborhood District and the rear is in the Commercial Zone.
          David Metzger, Commissioner said they would like to put up this building to store their search and rescue vehicle, training simulators for HAZMAT, surplus hose and general storage. They currently have a small storage shed that is not large enough. The proposed building is a 40' x 60' Parco building. He will not be handling the inspection of this project and is only representing it tonight because another member was unable to be here.
          Councilman Bylewski said this project is outside of the TND and complies with the Commercial zoning. It is not visible from Main Street.
          Motion by Councilman Kolber, seconded by Supervisor Hallock to grant a Building Permit and Architectural Approval for construction of an accessory structure at 10335 Main Street for Clarence Fire District No. 1. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Donald Koch requests a Change-In-Use and a Special Exception Use for an automotive tinting operation at 4125 Transit Road. James Hartz said the property is located in front of the existing Toys-R-Us in the Major Arterial Zone.
          Donald Koch was present. Councilman Weiss asked if there were any environmental byproducts that come out of this operation that we would be concerned with. Mr. Koch said no. It is strictly for tinting. The building holds only one vehicle. He will be using only half of the building. There may be at the most three vehicles outside of the building.
          Councilman Casilio said a condition of the use would be that he could not sell vehicles at this location. Mr. Koch said he has no problem with that.
          Motion by Councilman Kolber, seconded by Councilman Bylewski to set a Public Hearing for November 15, 2006 at 8:00 P.M. to consider the request for a Special Exception Use for an automotive tinting operation at 4125 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Strickler Estates Subdivision requests Road Dedication of approximately 2,200 lineal feet of Shamus Lane. James Hartz said this project was conceptually approved prior to the moratorium on residential subdivisions. This is an 80 acre site with full buildout of 23 single family residential lots. A section of the road has been installed. A total of nine lots could be built at one time with 5 lots being over 5 acres.
          Councilman Bylewski asked if the dedication is for the entire length of Shamus Lane. Mr. Hartz said yes it is.
          Mr. Rivett said this project has been going on for about five years.
          Mr. Hartz said four lots can be built on every three years. The road was extended to also service the five lots over five acres.
          Councilman Bylewski said this Board has taken a stance regarding public road dedication. The issue is that this project was in process prior to the moratorium.
          Motion by Councilman Kolber, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that the Clarence Town Board approves and grants the request of the applicants, Frank Rivett and Hank Stockwell, for the dedication of approximately 2,200 lineal feet of Shamus Lane in the previously approved 23-lot residential subdivision, Strickler Estates, subject to the following conditions: 1. No building permits to be issued until all the appropriate documents necessary to convey said roads to the Town of Clarence are received, reviewed and approved by the Town Attorney. 2. The Town Attorney must receive proof of the filing of the road deeds. 3. Recreation and open space fees.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to table the request by Tim Krantz for Concept Approval for a 4-Lot Open Development Area with two frontage lots at 9086 Lapp Road until the applicant is available. Upon roll call – Ayes: All; Noes: None. Motion carried.

Paul Thomas requests an Amendment to the Planned Unit Residential Development (PURD) to allow for construction of a 26' x 26' accessory structure at 4745 Goodrich Road. James Hartz said this project is before the Board because it is greater than what is allowed in a single family residential zone. The purpose is for a pool house behind the residence.
          Sheila Thomas said this is a 6-acre parcel and the pool house would complete the backyard and provide for some storage. It is actually half open and half an enclosed building. Mrs. Thomas said it was accepted by the Spaulding Lake Homeowners Association. There is also an extensive buffering at the back of the property to provide privacy to the homeowners as well as the neighbors.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to grant approval for an Amendment to the Planned Unit Residential Development (PURD) to allow for construction of a 26' x 26' accessory structure at 4745 Goodrich Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said item 23. Stephen Levandusky's request for a Minor Subdivision to create a new Residential Building Lot at 10821 Main Street was removed from the agenda per an agreement by the applicant and the Planning Department.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications – A. Clarence Girl Scouts – Nov. 19, 2006; B. Girl Scouts – March 24, 2007; C. Friends of Scott Bylewski – April 9, 2007; Legion Hall Applications – A. Jennifer Topp – Nov. 12, 2006 & Jan. 21, 2007; B. Sheridan Hill – Jane. 27, 2007; and Anita Hathaway – March 18, 2007. On the question, Councilman Bylewski said he has an obvious association with item c., however, it is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of October 19, 2006 are approved for payment: General Fund - $229,707.88; Highway Fund - $48,375.28; Community Development - $3,700.00; Lighting Districts - $1,029.48; Sewer Districts - $6,875.00; and Capital Fund - $96,413.72 for a total amount of $386,101.36. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:20 P.M in memory of Patricia Gibson; and also in memory of the victims of last weeks storm.

Nancy C. Metzger
Town Clerk