10/26/05


A Work Session of the Clarence Town Board was held on October 26, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council member’s Ian McPherson, Scott Bylewski, Joe Weiss and Bernie Kolber. Other Town Officials present were Town Attorney Steve Bengart, Assistant Director of Community Development James Hartz, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, and Director of Administration and Finance Pam Smith.

Budget Hearings:

Clarence Center VFC

The Town Board has met with Clarence Center VFC several times regarding their budget request. Tim Norris presented two different proposals he is asking the Town Board to review before rendering a verdict on their budget. The first proposal would be to reduce their budget in the amount of $15,000. That would be taken out of the Capital Property Development Fund, which would nullify projects that were to be started next year. This will reduce the total budget to $707,000.

Supervisor Hallock stated that Clarence Center VFC budget was increased by $61,475. She asked all departments to live within a 10% increase.

The second proposal presented would be to reduce their budget by $25,000 bringing the total figure down to $692,000. At that rate, the first proposal would semi-fund the project. Proposal B would nullify the project.

Supervisor Hallock requested three years of annual update documents and three years of financial document updates and a capital improvement plan.

East Amherst VFC

East Amherst budget rate went down minimally. A representative from East Amherst VFC stated that he felt their budget was fair and reasonable. Supervisor Hallock said that during this economic turmoil and uncertainty, especially with Erie County, the Board is looking at all the budgets more carefully now more than ever. In the future when submitting their budget, Supervisor Hallock is requesting three years of annual update documents and three years of financial statements from all fire departments. This is common procedure in other towns.

East Amherst VFC bike team has logged over 200 man-hours between the different parades and the bike trail. This up coming year, they will be the first fire department in Amherst, Clarence and Newstead to provide additional paramedic level service.

Harris Hill VFC

Harris Hill VFC rate went down almost $.12. Their plans call for the purchase of a small pumper in 2007. The company has postponed big purchases until they get a handle on the cost of maintenance and upkeep of their new building. Once again Supervisor Hallock noted that the Town Board would be requesting three years of annual update documents and three years of financial statements along with a Capital Improvement Program from all fire departments when submitting their budget requests.

Rapids VFC

Rapids VFC budget request is the same as last year.

Swormville VFC

Swormville VFC budget is up 7%; their rate is down $.09. Supervisor Hallock informed representative from Swormville VFC that beginning next year, they must submit three years of annual update documents, three years of financial statements and a Capital Improvement Plan along with their budget requests. The fire department has just purchased $145,000 worth of air packs with grant money.

Representative from the department have asked the Town Board to monitor Erie County Water Authority and the fee they charge the town for maintenance of fire hydrants in the district especially along Transit Road where the cost should be split between the Town of Clarence and Amherst. Presently the town has 1725 hydrants at a cost of $19.09 per hydrant per month.

Director of Community Development – James Hartz

Formal Agenda items:

Millionhair Salon 8180 Wehrle Drive
Applicant is requesting approval to add a small addition out the back and extend the existing parking lot to the north. The proposed site is located on the north side of Wehrle Drive, east of Transit Road adjacent to the golf dome on .8+/- acres in the Commercial Zone. Drainage review and approval by the Town Engineer will be required. There are issues with parking in the front entrance way. Condition of approval should include restripping of the front entranceway indicating no parking; the front entrance is for entering and existing only.

Premium Auto Sales 8574 Sheridan Drive
Applicant is proposing to continue operation of a separate automotive repair facility in the Musso Plumbing building located on the north side of Sheridan Drive, east of Harris Hill Road. The property consists of 6.8 +/- acres zoned Restricted Business. Musso Plumbing was approved at this location on 10/13/1999 and a subsequent rezoning to a greater depth was approved on 8/22/01. The Zoning Law adoption on 9/20/05 created a Restricted Business Zone that does not allow for automotive repair facilities. The Town Board could consider a Temporary Conditional Permit for the use.

Walgreen’s 9200 Sheridan Drive
Applicant requests Concept Plan review for construction of a new 14,820 square foot Walgreen’s drug store. The proposed site is located at the existing automotive sales operation and manufactured housing park at the intersection of Sheridan Drive, Thompson Road and Main Street. Applicant is proposing to demolish the existing automotive sales operation and several of the manufactured housing units. The proposed site is located in a commercial classification. There are several issues relative to setback and parking violations in the proposed design.

Marvin Ohlson Jr. 10687 Main Street
Applicant requests a Demolition Permit for existing 3-unit apartment building next to the bakery. The property is located on the south side of Main Street, east of Sawmill Road in Clarence Hollow within the Clarence Hollow Traditional Neighborhood District. The structure is greater than 50 years old and demolition will be classified as a Type I Action under SEQRA. Applicant has expressed a desire to expand the bakery in the future.

Waterford Village Bank 8411 Main Street
Applicant requests approval to amend the approved architectural style to include the previously requested lucabond siding as opposed to the approved drivit siding to the rear of the building.

Doug Curella 5625 Kraus Road
Applicant is proposing to fill additional area in advance of developing a future home(s) on the site. The proposed site consists of 21+ acres of vacant land zoned Agriculture Rural Residential located on the west side of Kraus Road between Greiner Road and Clarence Center Road. Town Engineer Latona stated that this would be the last fill permit issued for this site until the applicant is ready to apply for a building permit. Applicant is not to exceed 4,500 cubic yards of fill and the source of fill must be identified.

Work Session items (for consideration at the Nov. 2, 2005 Town Board mtg.)

Dave Maratto 8625 Transit Road
Applicant requests a Change in Use from vacant to office flex-space. The proposed site is located on the southeast corner of Transit and Tonawanda Creek Road. The existing vacant building is located on 1.5 acres with 106+/- Transit Road frontage in the Restricted Business Zone. Existing parking area is sufficient to accommodate proposed use. The applicant is proposing to upgrade the façade and exterior elevations as well as the interior space.

Koby Environmental 10030 County Road
Applicant requests a Building Permit for a 40’ x 40’ addition to existing light manufacturing building in the Industrial Business Park Zone. The proposed site is located on the north side of County Road, west of Strickler Road.

Carol Shamas 10928 Main Street
Applicant requests a Change in Use from vacant to Health Care Center/Coffee Shop. The proposed site is located on the north side of Main Street, east of Salt Road, west of Davison Road in the former Yankee Peddler building on .6 acres zoned Traditional Neighborhood District.

Pacific Pools 8533 Transit Road
Applicants request a building permit for construction of a 41.75’ x 40’ addition to existing warehouse building also a new 40’ x100’ pole barn for storage. The proposed site is located on the east side of Transit Road, south of Tonawanda Creek Road in the Restricted Business Zone.

Ann Marie Rodo 6585 Transit Road
Applicant is seeking approval to open up an automotive body shop in the former Truck Bed Liner facility/Belknap Heating building. The existing commercial structure is located on 1.87 acres, zoned Major Arterial.

Bubble Boy Car Wash 6705 Transit Road
Applicant is seeking Development Plan Approval on the approved design. The proposed site is located in an existing single-family home located on 3.3 acres zoned Major Arterial along the frontage. A Special Exception Use Permit was issued by the Town Board on 5/11/05 to allow the car wash as designed at this location.

Supervisor Kathleen Hallock

Transfer of Funds in General Fund.

Correction to the October 5, 2005 Work Session minutes.

Supervisor Hallock will set a public hearing for November 2, 2005 @ 7:50 PM to consider the Preliminary Budget and Special Assessment Rolls for the year 2006.

A morning Work Session is scheduled for November 9, 2005. Steve Murtaugh will present proposed changes in the Ethics Code.

Supervisor Hallock distributed minutes from the department head meeting including a discussion regarding plowing bike paths.

A newspaper article was distributed regarding a Clarence firm (Coby) relocating to Buffalo.

Supervisor Hallock reminded everyone about the joint meeting with the Chamber of Commerce on October 27, 2005 at 7:30 A.M.

A new Community Development Block Grant resolution was presented for ranking bases on new information we received regarding a street in Clarence Hollow that qualifies.

Penny Favale e-mailed Supervisor Hallock and asked her to find out how the speed zone signs came about on Transit Road. Supervisor Hallock checked with the DOT Traffic and Safety Office. She was told that someone from the Williamsville School requested a speed limit zone. The Department of Transportation reviewed the request and installed the signs. Supervisor Hallock forwarded the information to Penny Favale.

Supervisor Hallock received information from Jim Morabito regarding the opinion of the National Federation of Independent Business on Proposal #1 in next week’s election. Jim discussed the proposal at the Inter Community meeting this week.

The YMCA contacted Supervisor Hallock after seeing the article in the Clarence Bee last week regarding the Youth Center. They are interested in partnering with the town to provide youth programming. A meeting with the YMCA, Recreation Director Dawn Kinney, Councilman Bylewski and Supervisor Hallock is scheduled for next week.

Councilman Ian McPherson

Councilman McPherson will make a motion authorizing NYSEG to activate streetlights on Winding Creek Lane.

The RFP was sent out regarding liability insurance for the Senior Center. The insurance companies estimate the amount of liability insurance using the number of members. The Senior Center submitted the application indicating they have 940 members. The policy premium came back much more than anticipated. The Senior Center averaged out the number of attendees to approximately 80 people and resubmitted the information. Town Attorney Bengart will review the proposal.

The Senior Center Board meetings and Executive meetings have changed. The Executive meetings will be held on the first Thursday of each month and the Board meetings will be held on the second Thursday of each month. The reason for the change is because the financial reports are generally not available the first Thursday.

Councilman McPherson will report on several announcements made at the Sewer District #5 meeting.

Councilman Scott Bylewski

Councilman Bylewski has a resolution regarding the Length of Service Awards Program.

Councilman Bylewski will set the date for the referendum regarding an amendment to Length of Service Awards Program.

There are four vacancies on the Youth Center Board. Applications will be accepted until November 26, 2005. The Youth Center Board has also expressed an interest in having a joint meeting with the Town Board on November 14, 2005 at the Youth Center on Sheridan Drive at 7:00 PM.

Marge Chase is resigning from the Senior Center Board. Art Dobson has requested he not be reappointed; his term ends December 31, 2005.

The Planning Board has forwarded a Negative Declaration on the 2-lot minor subdivision at 8520 Roll Road.

The Municipal Review Committee has forwarded several recommendations, one in particular regarding the proposed Jim Ramsey demolition permit. This Type I action involves the demolition of a structure over 50 years old at 10748 Main Street. Several letters and telephone calls have been received requesting the Town Board not issue the demolition permit to allow the Clarence Hollow Association time to solicit interest in the property.

There are continuing complaints regarding Club Infinity. The Planning/Zoning Department will notify them of complaints.

Councilman Joseph Weiss

There was a discussion regarding the implementation of an administrative fee for review of demolition permits involving the demolition of a structure built 50 or more years ago.

Councilman Weiss, Peter Wolfe and Todd Norris walked the vacant land off Parker Road that the Town is considering purchasing. There is no evidence of wetlands or marshlands. The area is treed with beech trees and pine trees.

At the last Conservation Meeting, there was a discussion regarding the Pioneer Cemeteries. Todd Norris is in the process of identifying these cemeteries, many are in a state of disrepair however, and the Parks Department is trying to clean them up.

The Elmwood-Franklin Schools have indicated interest in setting up workshops with our Youth Director Dawn Kinney to network several programs with our youth.

Highway Superintendent Ted Donner is requesting a transfer of funds for gasoline and oil.

Town Engineer Latona is requesting a transfer of funds to be used for the town hall roof investigation.

Councilman Bernie Kolber

Councilman Kolber will appoint Trish LiBassi to the Assessment Review Board, her term will expire 9/31/2010.

Boy Scout Troop #250 from the Clarence United Methodist Church will lead the Board in the Pledge to the Flag.

Supervisor Hallock received an e-mail from Laurie Frey regarding the property on Green Valley.

Town Attorney Bengart stated that he attended the Youth Center Board meeting and a majority of the board is in favor of keeping the Youth Center building open.

Town Engineer Latona met with an architect at the Youth Center. The architect will submit an evaluation of the structural integrity of the building.

Town Engineer Latona stated that the Refuse Sub-Committee met this morning. A time line is being created relative to the referendum.

There being no further business, the meeting adjourned at 7:30 P.M.

Darcy A. Snyder
Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, October 26, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Boy Scout Troop 250 led in the pledge to the flag, followed by a prayer read by Supervisor Hallock.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Asst. Director of Community Development James Hartz, Town Attorney Steven Bengart, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held October 5, 2005. On the question, Supervisor Hallock had a correction on page 307, 8th paragraph “Erie County Water Authority has tested the water…” should be Erie County Health Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said the minutes of October 12, 2005 were not received in time for review. They will be approved at the next meeting.

Motion by Supervisor Hallock, seconded by Councilman McPherson to approve the following transfers of funds in the General Fund totaling $35,655: from accounts A 1220.470 Expense & Travel - $1,000; A1220.220 Equipment - $1,000; A1620.414 Landscaping - $1,000; A 1680.230 GIS Mapping - $10,000; and A 1990 Contingency $22,655 to accounts A 1220.416 Gas & Oil - $175; A1910 Unallocated Insurance - $25,000; A 1950 Taxes on Town Owned Property - $280; A 1951 Postage - $5,000; and A1960 Bond & Note Expense - $5,200. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for Wednesday, November 2, 2005 at 7:50 P.M. to consider the Preliminary Budget and Special Districts Assessment Rolls for the Town of Clarence for the year 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the following transfer of funds in the amount of $4,000 from account A 3510.1 Personal Services to A 3510.475 SPCA. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:
          Whereas, the Clarence Town Board desires to provide services to low and moderate income persons who reside in the Town of Clarence; and
          Whereas the Clarence Town Board set a public hearing for October 12, 2005 at 7:50 pm to provide an opportunity for public input to the citizens of the Town to express community development and housing needs and possible projects that would benefit low and moderate income persons residing in the Town; and
          Whereas, the Clarence Town Board will consider and submit all projects that qualify for the Erie County Community Development Block Grant program for ECCDBG funds; and
          Now, Therefore, Be it
          Resolved, that a meeting of the Clarence Town Board duly held on Wednesday, October 12, 2005, and after all interested parties having been heard, the Clarence Town Board hereby authorizes Kathleen E. Hallock, Supervisor of the Town of Clarence, Erie County, New York, to sign, submit and execute a contract with the Erie County Community Development Block Grant (EDDCBG) program for the following projects upon approval of ECCDBG: 1. West Avenue Sewer/Sidewalk Installation, cost of $90,000. 2. Bodine Road Sewer Installation, cost of $90,000. 3. Rural Transit Service for 2006-2007.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the “Walk the Villages” program held the final event last Saturday in Williamsville. It was a big success and they are already planning to expand on it for next year. There were many prizes handed out by the four participating villages and towns. Supervisor Hallock acknowledged and thanked the following Clarence merchants: Asa Ransom House, Buffalo Athletic Club - Eastern Hills, The Candle Shop, Clarence Chamber of Commerce, Clarence Farmers’ Market, Curves for Women, Cycles Plus, Garden of Earthly Delights, Mazia’s Pizza and The Perfect Gift. Senator Mary Lou Rath.sponsored the program.

Supervisor Hallock announced that the Town Board meetings for November and December will be held on the first and third Wednesdays as announced at the Organizational Meeting. Also, January 2006 Town Board meetings will be held on the first and third Wednesdays.

Supervisor Hallock said the Department of Motor Vehicles operates at the Clarence Library every Friday from 10:00 am to 3:00 pm. However, on November 4th only, they will be at the Town Hall.

Councilman McPherson recognized Rosanne Driscoll, who is representing the Clarence Chamber of Commerce.

Councilman McPherson announced that the Chamber of Commerce and the Town Board will be meeting tomorrow morning at 7:30 am at the Town Hall for anyone interested in attending.

Motion by Councilman McPherson , seconded by Supervisor Hallock to authorize NYSEG to activate a total of 4 streetlights in the Stonecreek Subdivision, Phase 3, on Winding Creek Lane, as per the NYSEG street light layout, with the exception of the approved change in the location of one of the streetlights, NYSEG proposal and as per as-builts submitted. Standard, fixtures and underground conductors to be installed by the developer. Conductors, fixtures and standards to be owned and maintained by the Town of Clarence. Connection, energy lamp and photo electric eye replacements to be supplied and maintained by NYSEG under the terms and conditions covered in NYSEG’s street lighting agreement with the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson announced that the Senior Center Executive Committee will hold their monthly meeting on the first Thursday at 9:00 am. The Board of Directors meeting will be held the second Thursday at 9:00 am. Both meetings are held at the Senior Center. The reason for the changes is to have the financial reports ready at the time of the meeting.

Councilman McPherson said he attended the Sewer District No. 5 meeting last week, as did Supervisor Hallock. Chuck Alessi, the long time Deputy Commissioner for sewers in Erie County was retiring after 37 years. He wished to recognize his accomplishments in promoting pollution abatement and sewer capacity throughout Erie County. Mr. Alessi will remain on the Board, but his former deputy will fill his position.
          Other items discussed at the meeting were: the new uniform agreement between Erie County Sewer District No. 5 and Clarence sewer districts to even out the cost. We received $198,000 payment from Erie County Sewer for the Hillcrest Drive project. Flow monitoring is an ongoing process as we try to identify the actual capacity and flow through the sewer.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Whereas, the voters of the Town of Clarence fire protection districts approved the establishment of Service Award Programs in said fire protection districts in 1991 and 1992 by Special Referendum; and
          Whereas, those persons who choose to continue to serve as active volunteer firefighter members of one of the four Fire Protection Districts with Service Award programs in the Town of Clarence which are currently administered by VFIS, after having attained the Entitlement Age and having begun to be paid Service Award Program monthly payments, have not been afforded the opportunity to continue to earn Service Award Program credits for active volunteer firefighter service rendered after the attainment of Entitlement Age; and
          Whereas, the denial of the opportunity for senior active volunteer firefighters to earn Service Award Program credit may be age discrimination which has been prohibited under the ADEA, the Federal Age Discrimination in Employment Act since before January 1, 1992; and
          Whereas, New York State Volunteer Firefighter Service Award Programs are governed by Article 11-A of the General Municipal Law; and
          Whereas, Article 11-A as originally enacted did not prohibit active volunteer firefighters, regardless of age or payment status, from earning Service Award Program credit up to the maximum credit allowed under a program; and
          Whereas, Article 11-A was amended by Chapter 647 of the law of 2003 to explicitly state that a Service Award Program may allow post Entitlement Age volunteers to continue to earn credit; and
          Whereas, the Clarence Town Board wishes to provide additional incentive for the recruitment and retention of volunteer firefighters; and
          Whereas, Article 11-A of the General Municipal Law provides that once a Service Award Program has been established, it may be abolished or amended in the same manner as it was created; and
          Whereas, the Service Award Programs for the four fire protection districts in the Town of Clarence were established by special referendum and approved by the eligible voters of each fire protection district.
          Now therefore, be it
          RESOLVED, that a special election shall be held in each of the four fire protection districts referenced below to consider amending the Firefighters’ Length of Service Award Program to allow for post Entitlement Age active volunteer firefighters to earn Service Award Program service credit under the point system and to thereby increase their monthly Service Award Payments, which they began or will begin to receive upon attaining the Entitlement Age, by Twenty Dollars ($20.00) for each year of post Entitlement Age service credit earned under the point system for calendar years beginning on or after January 1, 2006 up to the maximum monthly payment allowed under each Fire Protection District’s respective Service Award Program; and
          Be it further resolved, that the Referendum in each Fire Protection District would have to be approved by the voters in each Fire Protection District in order to be approved; and
          Be it further resolved, that the Town Clerk is hereby authorized and directed to give notice of the election by causing a notice to be published once, not less than ten days prior to the date of such election. A copy of the Notice shall be posted on the Town Clerk’s signboard maintained pursuant to Subdivision 6 of Section 30 of the Town Law; and
          The estimated annual costs of this prospective correction based upon the roster of current, active and active post Entitlement Age volunteer firefighters are as follows:

Fire Protection District Estimated Annual Cost
Clarence Center $ 8,439.00
East Amherst $14,665.00
Harris Hill $13,176.00
Swormville $ 9,155.00
All other provision of the Town Fire Protection District Service Award Program shall not change and the program shall continue to be administered by the Town in accordance with Article 11-A of the New York State General Municipal Law as such law is amended from time to time.
          Be it further resolved, that the Clarence Town Board shall set a date for a referendum to be held in December 2005 to amend the Length of Service Award Programs to allow for post Entitlement Age active volunteer firefighters to earn Service Award Program service credit under the point system.
          On the question, Councilman McPherson asked if in addition to the dollar amount, could that also show the impact rate? Councilman Bylewski said it will not impact the rate until 2007. We could put what it would be at the current rate. Town Attorney Steven Bengart said it could be included in the legal notice.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Whereas, the Town Board of the Town of Clarence, Erie County, New York adopted a resolution on October 26, 2005 authorizing the Supervisor to set a date for a special election to consider an amendment to the Length of Service Awards Program; and
          Whereas, East Amherst, Harris Hill, and Swormville Fire Companies have requested that the Length of Service Award Program be amended to allow for post Entitlement Age active volunteer firefighters to earn Service Award Program service credit under the point system and to thereby increase their monthly Service Award Payments; and
          Whereas, it is the understanding that the Clarence Center Volunteer Fire Company will also be requesting the same amendment; and
          Whereas, a proposition will be presented to the eligible Town of Clarence voters residing in the four fire protection districts; and
          Whereas, the referendum will be held simultaneously at each of the four fire protection districts locations; and
          NOW, THEREFORE BE IT
          RESOLVED, that a Special Election will be held on December 28, 2005 for the approval or disapproval of the eligible voters of the Town of Clarence residing in the Clarence Center Fire Protection District, East Amherst Fire Protection District, Harris Hill Fire Protection District and the Swormville Fire Protection District to consider a proposition amending the Length of Service Award Program to allow for post Entitlement Age active volunteer firefighters to earn Service Award Program service credit under the point system and to thereby increase their monthly Service Award Payments; and
          BE IT FURTHER RESOLVED, that the town clerk is hereby authorized and directed to give notice of said special election by causing a notice to be published once, not less than 10 days prior to the date of such election. A copy of the notice shall be posted on the town clerk’s sign board maintained pursuant to subdivision 6 of section 30 of the town law; and
          BE IT FURTHER RESOLVED, that the Service Award Program shall be amended as follows:
          To allow for post Entitlement Age active volunteer firefighters to earn Service Award Program service credit under the point system and to thereby increase their monthly Service Award Payments, which they began or will begin to receive upon attaining the Entitlement Age, by Twenty Dollars ($20.00) for each year of post Entitlement Age service credit earned under the point system for calendar years beginning on or after January 1, 2006 up to the maximum monthly payment allowed under each Fire Protection District’s respective Service Award Program.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that there are four vacancies on the Youth Center Board of Directors. Anyone interested should file an application in the Supervisor’s office by November 26th.
          A joint meeting of the Youth Center Board of Directors and the Town Board will be held on Monday, November 14th at 7:00 pm at the Youth Center.

Councilman Bylewski announced that there is an opening on the Senior Center Board and anyone interested should make application by November 16th.

Councilman Bylewski referred to Asst. Director of Community Development James Hartz for the 37th and final moratorium report.
          James Hartz reported the following:
          Subdivision Law – Public Hearing held at the last meeting and the law was adopted.
          Adequate Public Facilities Ordinance – Under review at the Planning Board and Town Board level.
          Moratorium expires on Friday, November 28th. The Planning Department has received approximately 10 applications for new subdivisions including 706 units.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning Board and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the 2-lot minor subdivision at 8520 Roll Road. This Unlisted Action involves a split of a larger parcel to create a 3.14 acre lot with 437’ of public road frontage in the Industrial Business Park Zone. After thorough review of the submitted minor subdivision application and Environmental Assessment Form, by the Planning Board and Town Board, it is determined that the proposed action is consistent with the adopted Master Plan 2015, Zoning Law and Subdivision Law and will not have a significant impact upon the environment. It is further identified that any further action related to the development of the surrounding/adjoining properties will be subject to a full environmental analysis. On the question, Councilman Bylewski said there has been a lot of discussion regarding this property. There are two industrial business zoned parks under review with proposed development. The one on County Road is still under review because the rest of the development is dependent upon the proposed project. Councilman Bylewski said he has reservations about the Roll Road project because of the issue of impermissible segmentation. Wendy Salvati of the Planning Board spoke to the Department of Environmental Conservation about this and if the project could be considered independent of the rest of the development, in this case it could be considered permissible segmentation. There is also the consideration to extend Harris Hill Road into the industrial park. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Castine Open Development Area. This Unlisted Action involves the development of a 4-lot Open Development Area with one frontage lot on 28.5 +/- acres in the Agricultural Rural Residential Zone at 7050 Goodrich Road. After thorough review of the submitted site plan and Environmental Assessment Form, including coordinated review among involved agencies, it is determined that the proposed action is consistent with the adoption Master Plan 2015, Zoning and Subdivision Local Laws and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Municipal Review Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency and commences a coordinated review on the proposed David DeMarie Dance Studio located at 8965 Sheridan Drive. This Unlisted Action involves the construction of a new dance studio in the Commercial Zone. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski stated that the following recommendation was received from the Municipal Review Committee: pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration be issued on the proposed Jim Ramsey Demolition Permit. This Type I Action involves the demolition of a structure over 50 years old at 10748 Main Street. After thorough review of the submitted application and Environmental Assessment Form and including documentation on the historical nature of the structure, it is determined that the action will not have a significant impact upon the environment. It is noted that every effort should be made to save the building, however there is no legal mechanism available to the Town to deny the demolition permit.
          Councilman Bylewski said we received letters regarding this proposed demolition. One from the Clarence Hollow Character Protection Board identifying that this is a very important historical house. They have met with Mr. Ramsey and emphatically encouraged him to delay the process. The house was built around 1860 and is a significant example of the Italianate architectural style. The house appears to be in excellent structural condition and the exterior is well maintained.
          The Clarence Hollow Association informed Mr. Ramsey of an ambitious marketing campaign being development to market business properties in Clarence, especially the Hollow area. The cost of the campaign will exceed $10,000 and they will be meeting with the Clarence IDA to request assistance. They asked Mr. Ramsey to delay for at least 6 – 9 months so that this marketing campaign can help sell his property.
          Another letter was received from Elaine Dinola, President of the Clarence Historical Society stating that their wish is for a postponement of a permit long enough to allow a diligent effort to promote a sale. They feel Mr. Ramsey would benefit more from a sale than blacktop. The parking issue could be resolved by the Town providing municipal parking behind the building.
          Robert Lenz owner of the Asa Ransom House sent a letter requesting a delay to give time to seek a party to purchase or rent the building. Clarence Hollow has lost many buildings of Historic character reducing the prosperity of other businesses and the quality of life. Communities that protect their historic buildings add to their character, encouraging visitors and the economic benefit they bring.
          Councilman Bylewski said the only mechanism in place regarding historic buildings is the environmental review. He feels it needs a little more study.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to table the item to issue a Negative Declaration on the proposed Jim Ramsey Demolition Permit of a structure over 50 years old at 10748 Main Street until the next meeting as an agenda item to allow the public to have some participation to the environmental impacts. On the question, Councilman Weiss said this gives us more of a reason to put together a historical preservation law to save some of the old aesthetic buildings. Councilman Bylewski said there is a committee drafting a historic preservation law. The Town Attorney will be reviewing the law and comments have been sent to New York State. It is a work in progress, but it will not be available before we have to make the decision on this building. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to approve the following transfer of funds: $16,500 from A 5110.433 Road Equipment Rental and $10,000 from A 5142.433 Snow Equipment Rental for a total of $26,500 to A5110.416 Gas & Oil. On the question, Councilman Weiss said this is due to the increased petroleum costs the Highway Department has. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to approve the transfer of $350 from A 1440.423 Books to A 1440.434 Professional Services to be used by the Engineering Department for the Town Hall Roof Investigation. On the question, Councilman Weiss said we have a problem with the roof leaking when it rains. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced a fee of $250 will be charged for the historical review portion of the SEQR for Demolition Permits of structures over 50 years old. It takes a lot of man-hours to do the research.

Councilman Weiss said that at the last meeting we had a presentation of a piece of property selected for purchase through our Greenspace Program. There was concern of whether the property is wet or dry. He took a tour of the property with Todd Norris and Peter Wolfe. There are no standing water or marsh areas. There is a road into the property. This proposal will be voted on at the next meeting.

Councilman Weiss said Todd Norris of the Conservation Committee is doing an evaluation of our pioneer cemeteries. It is important to get this done while there are people who have information about the people buried in them.

Councilman Weiss said he met with some people from the Elmwood/Franklin School who are interested in working with the Youth Director to bring in programs for tutoring.
          Motion by Councilman Kolber, seconded by Councilman Weiss to approve the following resolution:
          Resolved, that the Clarence Town Board does hereby authorize and direct the Supervisor, Kathleen E. Hallock, to sign, submit and execute a contract with the Erie County Community Development Block Grant Consortium (ECCDBGC) requesting $90,000 for the installation of sewers and sidewalks on West Avenue in the Town. The Town of Clarence will contribute $195,000 in cash and in-kind goods and services of 68% of the total project cost of $285,000. The Clarence Town Board ranks the West Avenue Sewer/Sidewalk project as the town’s first priority for the ECCDBGC funds.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman McPherson to adopt the following resolution:
          Resolved, that the Clarence Town Board does hereby authorize and direct the Supervisor, Kathleen E. Hallock, to sign, submit and execute a contract with the Erie County Community Development Block Grant Consortium (ECCDBGC) requesting
          $90,000 for sewer installation on Bodine Road in the town. The Town of Clarence will contribute in cash and in-kind goods and services of 68% of the total project cost of $285,000. The Clarence Town Board ranks Bodine Road Sewer Installation project as the Town’s second priority for the ECCDBGC funds.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to adopt the following resolution:
          RESOLVED, the Clarence Town Board hereby authorizes and directs the Supervisor, Kathleen E. Hallock, to file an application in an amount not to exceed $7,430 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 municipality for the purchase and planting of trees at the Clarence Arboretum within the town. The Town of Clarence will match grant funds with $7,430 in cash.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Weiss to appoint Trish Libassi to the Board of Assessment Review with term to expire 9/30/2010. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber announced that everyone in Town should be receiving a Data Verification Sheet from the Town Assessor. It is suggested that it be sent out every 5 years to make sure property information is up to date.

Supervisor Hallock announced that Medina Consultants has been engaged by FEMA to perform a flood insurance study for various creeks within Erie County. Surveyors need to survey cross sections within the waterways and immediate vicinity. They may be walking across private property to access the respective waterways. They plan to be in this area from October 10, 2005 through December 1, 2005. This study will determine the flood elevations for the 100-year storm.

Public Participation

Betty Earhart, 9170 Sheridan Drive, #18 in the Satola Mobile Home Park said she would like to comment on item 18 for the proposed Walgreen’s. This project will disrupt the people living there. She has lived there for 28 years. They have been told that they will have a place to go in the park. This location is at a very busy intersection. Ms. Earhart said their quality of life is being compromised with a huge building encroaching into their living space. The value of the existing homes will go down because no one will want to live there. What is to say that in another few years they will have to move because they want to put something else in there.

A Public Hearing was held to consider entering into a contract with Clarence Center Vol. Fire Company for fire protection for the year 2006 in the amount of $676,000.
          Speaking to the subject:
          Timothy Norris, Director of the Clarence Center Fire Company said they will participate in the Length of Service Awards special election.
          Mr. Norris said they have had several meetings with the Town Board. They had originally proposed a higher budget, but committed to realigning their budget with the company. He does not believe that they have had enough time to try and negotiate another budget. They feel that the $692,000 amount that they proposed is justified. They have cut various items, especially in future property development funds. The budget as proposed by the Town Board will eliminate future progress of which they should have made.
          Councilman Bylewski said he commends all of fire companies for taking a look at their expenses and bringing various things to the Town Board’s attention.
          Supervisor Hallock said she has asked all of the fire companies to provide three years of auditing documents and financial statements. As a recommendation from one of our consultants, the Board also asked for a capital improvement plan. This would be a great help in preparing the budget. We are trying to look at all of our expenses. The residents are concerned with increases in their assessments and taxes. Clarence Center Fire Company did receive a 10% increase in their budget. Councilman Bylewski added that they have been looking at these various areas to see how we can better fiscally manage what is going on in the Town.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. On the question, Supervisor Hallock said the public hearings on the fire company budgets will be held tonight, but they will not be voting on the budgets. 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 2005 in the amount of $257,744.
          Speaking to the subject:
          Ken Rusin, President said they have held the line with their budget. The tax rate remains the lowest in Erie County. He thanked the Town Board for their service and cooperation and support.
          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.
          A Public Hearing was held to consider entering in to a contract with Harris Hill Vol. Fire Company for fire protection for the year 2006 in the amount of $712,024.
          Speaking to the subject:
          Pete Piger, President said they have held the line with a request for a decreased budget amount.
          Councilman Bylewski said it was mentioned that they will be purchasing a new pumper in a couple years. Mr. Piger said it is part of their budget to set aside funds for their replacement project.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a contract with Rapids Vol. Fire Company for fire protection for the year 2006 in the amount of $33,000.
          Speaking to the subject: Supervisor Hallock said she heard from Jason Kobrin, Vice President of Rapids today and he could not be here due to a job obligation. Supervisor Hallock read a letter from them stating that their request is the same as last year.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Supervisor Hallock to close the Public Hearing. 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 2006 in the amount of $176,210.
          Speaking to the subject:
          John Gaulocher, President said they lowered their tax rate by $.03 per $1,000. They are also putting money in reserve each year and plan to purchase a new pumper in 2006. He thanked the Town Board for their support. Councilman Bylewski asked how much a pumper cost? Mr. Gaulocher said $404,000. The truck they are replacing was purchased for $137,000 23 years ago.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Millionhair Salon requests a parking lot expansion at 8180 Wehrle Drive. James Hartz said the location is next to the Golf Dome on Wehrle Drive. The proposed expansion is at the rear of the property.
          Neil Buono said he is proposing to add six parking spots at the back. Supervisor Hallock said there was an issue regarding stripping for parking along the driveway. Mr. Buono said it was a miscommunication with the person who did the work.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to grant approval for a parking lot expansion at 8180 Wehrle Drive, pending drainage review and approval by the Town Engineer and stripping to be corrected on the driveway as set forth by the Planning Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Walgreen’s Drug Store requests Concept Plan Approval for construction of a new 14,820 sq. ft. drug store at 9200 Sheridan Drive. Sean Hopkins, attorney for the applicant said they are looking for a referral to the Planning Board. The location is at the corner of Thompson and Sheridan, the site of Sheridan Auto Sales and a portion of the mobile home park. The project site is approximately 1.5 acres zoned Commercial. They think it will be a significant improvement to that area.
          Councilman Weiss said the Planning Board has concerns with the size of the building. He asked if they would consider something smaller? Mr. Hopkins said that is the size they are proposing and as they go through the process would consider a possible reduction. They feel that it is an appropriate size to accommodate the customer base.
          Councilman McPherson said it is incumbent upon the applicant to be willing to mitigate the variable to our laws and ordinances. He asked if the applicant is willing to do that? Mr. Hopkins said yes, as long as they are reasonable. Councilman McPherson said some feel that if they are not willing to do that, it would not be worth sending through the process. Some of the issues are the size, parking areas and the impact on the mobile home park.
          Councilman Kolber read the issues stated by the Planning Board Executive Committee as follows: front yard setback from Sheridan Drive frontage is not met constitutes a violation to the Zoning Law; parking within the front yard setback area is a violation along both front yards on the proposed design; total number of parking spaces is not adequate and constitutes a violation of the Zoning Law; there exists a violation of the minimum setback of paved services along northwest property line; required greenbelt to the mobile home park as required in the Manufactured Housing Park Law is not achieved; it is not clear if the minimum 30% greenspace is met with the submitted design and whether enough property exists to construct a septic system on-site to accommodate the use. All of these violations indicate that they propose to construct too large of a building on this property. As a comparison, Rite Aid is a smaller building on 2.7 acres, while this proposal is a significantly larger structure on 1.5 acres.
          Sean Hopkins said they are aware that there are design issues. They do have 30% greenspace and will address the issues as they move forward.
          Councilman Bylewski asked how many mobile home lots there are in the park. Sean Hopkins said he did not know the total, but 15 units would be impacted. Five are vacant and seven units would be relocated within the park. Those affected would be offered relocation at no expense to them.
          Councilman Bylewski said he would like to see how the entire park would be affected and what it would look like before he moves this project forward.
          Sean Hopkins said all of the people affected will be given the opportunity to relocate within the park, but some may wish to relocate outside of the park.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to table the request by Walgreen’s for Concept Plan Approval for construction of a new 14,820 sq. ft. drug store at 9200 Sheridan Drive until we can get the site plan for the impacted Manufactured Housing Park if the project was approved as is. On the question, Councilman McPherson said he believes that would all be flushed out once the project would be referred through the process, which is where it should be. Councilman Bylewski said this is part of the process. This project affects residents to the point of relocation. He does not believe it would be appropriate to consider without knowing what that impact is going to be in the Park. Councilman Kolber said we also have legal issues to address with the Manufactured Housing Law. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Motion carried.

Marvin Ohlson, Jr. requests a Demolition Permit for an existing 3-unit apartment building at 10687 Main Street. James Hartz said the location is the structure next to the former bakery. Councilman Bylewski said given the nature of the project, we normally refer it to the MRC for further study.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to refer the request for a Demolition Permit for an existing 3-unit apartment building at 10687 Main Street to the Municipal Review Committee with the stipulation of a $250 fee. On the question, Councilman Kolber said he is not comfortable passing a motion for demolition of a building without the applicant being present for the initial motion, so he will not be voting in favor. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.

Waterford Village Bank requests Architectural Review of previously approved bank at 8411 Main Street. Kathleen Flemming, President said they have not begun building because they have a serious concern. The Town Board recommended Dryvit on the overhang of the drive thru. They are recommending the use of Alucobond over the Dryvit for several reasons including weather resistance and mold from moisture. Pieces fall off and have to be repaired. Alucobond is nonflammable, maintenance free, light- weight and increases sound insulation.
          Councilman Weiss said his house is Dryvit and he has not had problems in 6 years. He has not painted it at all. There are many commercial buildings in the area that use it. He asked if there is Alucobond that looks like Dryvit? Ms. Flemming said they are starting to explore that, but does not know if it is available yet.
          Councilman Kolber said the Planning Board has discussed this and came up with what they felt was good in terms of architectural appearance and now they want to change it. Ms. Flemming said they do not want to have to maintain it.
          Councilman McPherson said he does not have a problem with it and he thinks Alucobond is a fine product.
          Councilman Bylewski said the concern was with the architectural appearance and does it comply, and the integrity of the Zoning Law and Master Plan. The Traditional Neighborhood District refers to architecture and the type of materials to be used. If there is Alucobond that looks like Dryvit, he would consider it.
          Councilman McPherson asked if she brought in other samples of products during the process? Ms. Flemming said she brought in pictures. Councilman McPherson said he does not think anyone here is qualified to approve a panel. She should bring in a sample of each.
          Ms. Flemming said she would like to see the list of approved metal panels. Councilman Bylewski said there is not a list. She said they have been on hold for more than 60 days.
          Councilman Bylewski suggested she bring in a sample or consider a different material.
          Ms. Flemming said she has been in the banking business for 30 years and built seven banks. She is trying to comply, but has never seen a Town Board so interested in selection of the materials. Councilman Bylewski asked how many were in Traditional Neighborhood Districts and what was the architectural approval she had to go through? Ms. Flemming said two of them were and the process was similar to here. They had a listing of materials. They would like to get their bank open. She added that a Planning Board member wanted to pick out the color of the brick and that is still an open item on their list.
          Councilman Kolber said that was not included in the approval. The Town Board granted approval and has not held up the project. They are the one that has come back with a change.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to table the request for Architectural Review of previously approved bank at 8411 Main Street to come back with a sample of material or more information to satisfy the material being used. Phil Silvestri, architect said he has the impression that they would like to see a material that softens the look of a metal panel. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman McPherson. Motion carried.

Doug Curella requests an additional Fill Permit in advance of residential construction at 5625 Kraus Road. James Hartz said the location is in the Agricultural Rural Residential Zone.
          Doug Curella said he is limited in the front area and he needs to cross the creek. The back elevation needs to be built up.
          James Hartz said the recommendations from the Town Engineer include the following: applicant provide written verification stating origin and quantity of fill; fill from multiple locations must have verifications from each source prior to being hauled to the site; verification to include certification that it is free of hazardous materials; the volume should not exceed 4,500 cu. yds.; fill to be a minimum of 60 ft. from the bank of Ransom Creek; and Kraus Road to be kept clean throughout the fill operation or project will be shut down; owner must submit a letter that if a drainage issue should occur as a result of the fill, the owner agrees to resolve the problem according to the Engineering Department recommendations; no other work shall occur on the site without approval from the Town of Clarence; no more fill to be brought onto the site without a building permit application submitted. Mr. Curella is aware and in agreement with the conditions.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to grant the request for an additional Fill Permit in advance of residential construction at 5625 Kraus Road with the conditions stated in the record as submitted by the Town Engineer. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing for November 16, 2005 at 7:45 P.M. to consider a Temporary Conditional Permit for an automotive repair business at 8574 Sheridan Drive. On the question, Councilman Bylewski asked that the applicant be notified to make sure he is present. Councilman Kolber said he has been operating and this is to make it legal. James Hartz said it originally was to work on the trucks for the plumbing business and has grown to more than that. Councilman Kolber said he believes the applicant should be present before we move forward, so he will not vote for this. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Clarence Hollow Association – Nov. 18, 2005; B. Girl Scout Troop 1225 – June 17, 2006; C. Clarence Garden Club – July 15, 2006; Legion Hall Applications – A. Jennifer Topp – Nov. 6, 2005 & Jan. 22, 2006; B. Karen O’Neill – Dec. 9, 2005; C. Jacklyn Dec – March 11, 2006; and D. Roselle LaBruna – March 18, 2006. On the question, Councilman Bylewski said he as well as other members is a member of the Hollow Association, however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of October 20, 2005 are approved for payment: General Fund - $95,467.97; Highway Fund - $66,842.01; Community Development Fund - $853.51; Water District - $400.00; Lighting Districts - $1,293.05; Sewer Districts - $11,343.18; Capital Fund - $44,187.09; and Trust and Agency 203 - $12,241.03 for a total amount of $232,627.84. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:25 P.M.

Nancy C. Metzger
Town Clerk