11/01/06


A Work Session of the Clarence Town Board was held on November 1, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss, Bernard Kolber, and Patrick Casilio. Other Town Officials present included Town Attorney Steven Bengart, 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.

Director of Community Development James Callahan

Public Hearings:

John & Karen Dunn 10410 Keller Road
A Public Hearing is scheduled for 7:55 P.M. to consider the request for a Special Exception Use Permit for a secondary living unit at 10410 Keller Road. Applicant is seeking to develop an in-law apartment within a proposed single-family home. The proposed site is located on the north side of Keller Road, east of Strickler Road on existing vacant land consisting of 5.3+/- acres with 175' of road frontage. The area is located in an agricultural classification.

Creekwood Meadows Subdivision
A Public Hearing is scheduled for 7:45 P.M. to consider the request for Concept Plan approval for a 26-lot Open Space Design subdivision on private roads. The proposed site is located on the north side of Roll Road, west of Newhouse Road on existing vacant land consisting of approximately 21.96 acres zoned Residential Single-Family. The area is located within Erie County Sewer District #5 and a residential classification. The Planning Board has forwarded a recommendation with conditions.

Formal Agenda Items:

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.

Work Session Items:

Greatbatch Inc. 10000 Wehrle Drive
Applicant is seeking approval for a long range plan for use of the vacant portions of the property. The proposed site is located on the north side of Wehrle Drive, east of Shisler Road at existing industrial facility located on approximately 325+/- acres zoned Industrial Business Park. The existing deed restrictions on the property will require Town Board approval to allow for future development of the vacant portion of the property.

Curt Cashmore representing Greatbatch Inc. stated that approximately one year ago Rock Oaks approached Greatbatch Inc. about procuring some of the back property at 10000 Wehrle Drive. The Greatbatch manufacturing site has been moved to their new Alden location. They are in the process of slowly transitioning to a more of a technology site. A Erie County Sewage Treatment Plant is also located on the Greatbatch property which handles sewage from Greatbatch and Clarence High School.

In deciding to entertain the offer from Rock Oaks, it was discovered that there was a restrictive covenant put in place in 1973 by Wilson Greatbatch and the Clarence Town Board. The covenant imposes certain restrictions as to what can occur on this property, it is to be retained as an industrial site. In order to move forward and consummate their deal with Rock Oaks, Mr. Cashmore is requesting removal of the restrictive covenant. Mr. Cashmore further noted that there is no termination of the restrictive covenant, it was essentially set up for 25 years and if nothing was done, it goes on for eternity. It was set up for industrial development but limited the amount of property that could be used for industrial and the remainder of the property was to remain green space. Most of the property surrounding the plant and a piece of land at the north-west parking lot is wet lands. From Greatbath Inc. standpoint, they do not need all this property. If they did expand their technology building, there is plenty of room at the existing site to do so.

With respect to what Rock Oaks has proposed and what Greatbatch Inc. has agreed to thus far is retaining a large buffer rather than allowing them to abut the Greatbatch facility.

Noel Dill representing Rock Oak's stated that no matter what they intend to do with the parcel, there is an area with frontage on Wehrle Drive that they feel the proper use for would be to donate the land to the town for the purpose of Wilson Greatbatch Town Park with a parking area and access to a hiking and bike trails. Councilman Weiss stated that the area in question is wetlands.

Rock Oak does not have any set plans as to what they plan on doing with the land once they acquire it. Currently the land is zoned industrial and nothing about the Town Board decision to terminate the covenant would change the zoning at all and Rock Oak is not looking to do that. It is an administrative situation where the convenient was initially a twenty five year initial term which would renew every ten years. The way the language was crafted, it did not properly define the termination

Councilman Bylewski stated that he would like to see the town board minutes and the deed restriction before he made a decision.

Councilman Weiss stated that it would be difficult to make a decision without knowing what Rock Oak has planned for the site. Noel Dill stated that as of right now, there are no fixed plans for this site; this is strictly for the acquisition of land.

Councilman Kolber stated that Rock Oak is looking for a blanket change for an entire parcel. Councilman Kolber further stated that the town needs to preserve heavy commercial and industrial areas in the town. The town has few industrial areas: Roll Road, County Road, Casilio Parkway and the Greatbatch area. If we start rezoning, it will only hurt the town in the long run because you can not create industrial zoned areas. If the covenant protects the industrial zone, why would we get rid of it?

Councilman Casilio asked if Rock Oak had any plans to tie into the sewage treatment plant. Curt Cashmore stated that Greatbatch Inc. controls capacity on the sewage treatment plant. Noel Dill indicated that whatever they decide to construct on this site would not go forward without extending the sewage treatment plant and that would have to go through the County.

Barry Dulniak 4401 Bryant & Stratton Way
Applicant requests a Change in Use from vacant to indoor entertainment center. Applicant is proposing to operate an indoor Entertainment Center with bounce houses etc. The proposed site is located on the east side of Bryant & Stratton Way, north of Main Street in existing vacant structure located within the Commercial Zone on 2.5+/- acres. This building formerly housed an indoor skate park. Adequate parking exists on the property to accommodate the proposed use.

St. Mary's RC Church 6925 Transit Road
Applicant is proposing to develop a new worship hall on the campus. The proposed site is located on the southeast corner of Transit and Stahley Road at existing church campus consisting of 20+/- acres zoned Traditional Neighborhood District. The size of the proposed new structure exceeds 10,000 square feet, a Special Exception Use Permit will be required.

Albert Cuocco 8500-8540 Goodrich Road
Applicant is seeking minor subdivision approval to split the existing parcel to create 3 new building lots. The proposed site is located on the west side of Goodrich Road, south of Tonawanda Creek Road on existing vacant land consisting of approximately 5 acres and 440+ feet of road frontage, zoned Agricultural Rural Residential. The area is located in the density flood zone and an agricultural classification. There is a major discrepancy between the submitted survey and tax parcel records. An updated survey is required before any action can be taken.

Supervisor Kathleen Hallock

  • Supervisor Hallock will make an announcement about the FEMA Community Relations team that visited today.
  • Supervisor Hallock introduced Brittany Sperandeo. Brittany will be working 8 hours a week without pay until January 13, 2007. The Board has received many comments about volunteer groups for the bike path. Brittany is going to organize a meeting to determine the level of interest.
  • Highway Superintendent Ted Donner has reported that activity is starting to wind down at the composting site. Two of the three contractors are no longer working in the town and the third one will probably be done this week. All roads in the area north of Clarence Center and Meadowlakes have now been cleared at least once. Loch Lea is done. The Highway Department will be working through this Saturday but not Sunday. It is not uncommon that there was damage done to lawns by some of the contractors and possibly the NYS DOT- it could become a problem in the future. The County indicated that they would handle any claims due to lawn damage from contractors. Highway Superintendent Ted Donner and Supervisor Hallock will be meeting with FEMA later in the week and they will inquire about lawn damage.
  • Buffalo Crushed Stone representative Jamie Hypnarowski e-mailed Supervisor Hallock an update regarding some changes they are making at the quarry. In response to the concerns regarding back-up alarms on their equipment, they have recently installed two “white noise" back-up alarms on some of our equipment on a trial basis. This technology is currently being used in Europe however; it is very new in the United States. The alarm emits a much different noise than what is currently used and the noise does not appear to travel as great a distance. Plant managers have been instructed to order and install these “white noise" alarms on all equipment. If anyone is interested in visiting the quarry, they would be happy to give a demonstration of these alarms. Supervisor Hallock stated that during the public meeting with Buffalo Crushed Stone, people complained about the alarms just as much as the blasting. Councilman Casilio asked if they addressed the dust from the quarry. It was not addressed in the e-mail Supervisor Hallock received. She will forward the e-mail to the Board.
  • For Civil Service purposes, Supervisor Hallock will appoint Dawn Kinney Executive Director – Youth Board provisional effective 11/02/06.
  • Supervisor Hallock has a resolution in support of the Clarence IDA. Every so often we hear the County Executive or the ECIDA would like to close down the IDA's. We still feel that the local IDA's provide a service. Our Enhancement Zones would not occur under the ECIDA. We just incentivised Brick Bistro Oven which will be going in the Eastern Hills Mall. The Eastern Hills Mall is in an Enhancement Zone.
  • Supervisor Hallock will make a motion authorizing the transfer of funds in the General Fund.
  • Supervisor Hallock will attend a press conference on Saturday in Elma where Senator Volker is announcing that he secured funding for the purchase of two sheriff cars for road patrols.
  • Supervisor Hallock attended the NYSEG event last Friday and they announced that they would be donating a generator to the Town of Clarence. The model on display was a Troy- Bilt 5550.
  • Upon recommendation of Town Engineer Joseph Latona, Supervisor Hallock will award the bid for the ADA Door Operators for the Town Hall and the Library and Door Replacement at the library to Allgaier Construction Corporation of Clarence.

Councilman Scott Bylewski

  • Councilman Bylewski was able to contact the presidents of Swormville, Harris Hill and the Vice-President of Rapids VFC to inform them what was in the tentative budget.
  • Regarding the APF (Adequate Public Facilities Law) update, the TEQR Committee will be reviewing the Master Plan amendments. Once they are in place, we can go forward with review of the rest of the law.
  • Councilman Bylewski will appoint two people to the Youth Advisory Council in two weeks. This will fill all vacancies on the YAC. If anyone has any questions, they can contact Councilman Bylewski.
  • There was a discussion at the last Town Board meeting relative to pursuing a NYS Quality Communities grant to retain a consulting firm to determine the feasibility of establishing a community center in town. Grant funds will be matched by the Town. We do not know the exact amount of funding we would need. The Board has talked about an all in one facility that could be utilized by both the youth and the seniors. This study would allow us to apply for a grant. Councilman Bylewski suggested the Youth Advisory Council and the Senior Center issue a resolution to pursue the study. This is a 20% matching grant.

Councilman Joseph Weiss

  • Councilman Weiss left a message with Animal Control Officer Jerome Schuler regarding part time help. This will not change the budget.
  • There was a discussion regarding comments made at the Planning Board meeting of October 4, 2006 regarding a newly proposed subdivision and a study that was done several years ago using figures from the Pinebreeze Subdivision. There were 130 homes in Pinebreeze and the study reported 130 school age children within the subdivision. The Deerview subdivision has 20 homes and 42 children. Jim Callahan stated that the best information he has is one student per household (1-1), there will be pockets where the numbers are higher.
  • There was a meeting regarding the Deer Management Program. The new biologist on staff does not like this program and has indicated that he may not get to the permits until January which will make it very difficult for some of the volunteers. Supervisor Hallock stated that this is the Department of Environmental Conservation's program which began in 2001. Councilman Weiss will submit a letter to the DEC.
    There has been a split at the Buck and Doe Shop, one person will process the deer meat for free and the other will charge $25. This will be further discussed at the Conservation Advisory meeting tomorrow night.
  • There is a large tree that fell in the creek on Main Street in the Hollow next to the jeweler. Highway Superintendent Ted Donner has been made aware of this and will take care of it. Councilman Kolber spoke to Superintendent Donner and he is surveying all the creeks. If the debris is not taken care of now, it could cause flooding.
  • Councilman Weiss has been approached by a group of residents that asked him to suggest to the Board the Town obtain 1000 generators and sell them to residents. Supervisor Hallock was contacted by a resident who suggested the Town should purchase generators and make sure every house has one.
  • Highway Superintendent Ted Donner is requesting a bid date of November 21, 2006 @ 10:00 A.M. for the sale of surplus vehicles.

Councilman Bernard Kolber

  • Councilman Kolber will make a motion authorizing the Supervisor to sign a non-exclusive Lease Agreement by and between the Town of Clarence and the Clarence Baseball Association, Inc. and Clarence Girls Softball Association, Inc. for Town owned property located at 5635 Goodrich Road subject to Town Attorney approval.

Councilman Patrick Casilio

  • Councilman Casilio announced that the Town of Clarence will receive a $12,500 state grant from Assemblyman Michael Cole. The grant will be used for the installation of surveillance cameras to be placed along the bike path. Councilman Casilio is working with 4 different contractors to obtain proposals. A better camera was obtained for the Main Street Park and is aimed directly at the bike path.
  • Councilman Casilio will announce the 2nd Annual Clarence Winterfest to be held on Sunday, February 11, 2007 at the Clarence Town Park on Main Street.
  • Councilman Casilio commented that when Warren Greatbatch put in Homestead Lane, he installed a rail fence which at the time seemed foolish but now having people trying to take property away, it makes a lot of sense. Even if the fence were to fall down, it clearly defines the property line so no one can encroach on his property.
  • Supervisor Hallock was delighted to judge the Halloween costumes at the Senior Center yesterday. Councilman Casilio said that the Senior Center has become very active and when you drive by, the parking lot is full.
  • Councilman Casilio commented on the out-of-state contractors and the grapple trucks they are using to pick up the brush throughout the town, they are remarkably efficient. If the town purchased one of these trucks, we could send out one guy with one truck and he could pickup all the brush by himself instead of sending out different crews with heavy equipment. Councilman Casilio indicated that there are different size grapples you can purchase. Councilman Weiss will mention this to Highway Superintendent Ted Donner. Town Engineer Latona stated that it may be possible to purchase a used truck to experiment with.
  • Several football league members contacted Councilman Weiss and thanked him for allowing them to practice at Sunset Park. All three leagues made the championship.
  • Supervisor Hallock and Councilman Casilio will begin working on the energy audit.

Town Attorney Steven Bengart

  • An agreement has been reached with the Clarence Baseball Association regarding the former water department facility. Councilman Kolber will make a motion authorizing the Supervisor to sign the Lease Agreement.

Swormville VFC

Several representatives from Swormville VFC were present to request the Town Board reinstate their original budget request of $198,315. The financial committee went through their worksheet and went over the figures again. Their assessed value went up $10,770., if they increase that with last years rate of $1.13 there would still be an increase of $12,070. which would take them up to $188,379.

Supervisor Hallock stated that the 2006 budget amount was $176,210. the request was $198,000. In the Tentative Budget, Supervisor Hallock put in 3% ($191,496). After the meeting last week, the Town Board met and they restored $3525. to bring the budget up to 5% increase of $185,021.

The fire company feels that it would be fiscally responsible to make an extra $14,000 mortgage payment per year saving taxpayers approximately $139,000. over the life of the mortgage. The interest rate is 4% for the first ten years, so they feel it will be an even bigger savings as the interest rates increase.

Councilman Kolber stated that the mortgage payment amount of $14,000 would come out of their fund (1/3 from Clarence and 2/3 from Amherst).

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 with all the bells and whistles.

Councilman Bylewski stated that the Board indicated that they would look at a 3% cost of living increase across the board. In taking what the towns new builds and construction assessed value was and extrapolating that and applying that to Swormville, that was approximately 1/3 of the increase in assessed value. That being the case, it was felt that if we used 3% for cost of living and another 2% because Swormville went up 6% in assessed value based on the Assessors records. Based on this information, the Board felt that 5% an appropriate figure to move forward. While Councilman Bylewski understands the concern of trying to save taxpayers money in the future, the question the Board had was is it more beneficial to tax people now so they can save money in the future or are we better off providing a little more of a relief now and have that payment down the road for the residents who are there at that time. You are taxing people now for future budgets. That is part of the concern with paying an extra month's mortgage. There are many people who would like to pay an extra mortgage payment at the end of the year but just can not do it.

Members of Swormville Fire Company stated that they do a ten year budget; they know where they want to be in five years and beyond. They have always been conservative and it is starting to hurt them now. By 2010 they expect to spend $1,000,260. on vehicles. Councilman Kolber suggested bonding for the new vehicles.

Councilman Weiss stated that the Board gets pressured from the tax payers regarding all the new fire companies and new equipment and not enough manpower to run it - they have to answer to the public.

There being no further business, the Work Session 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, November 1, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Pledge to the flag was led by Councilman Joseph Weiss, 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 Kathleen Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Asst. Director of Community Development James Hartz, Building Inspector David Metzger, Youth Director Dawn Kinney and Planning Board Chairperson Patricia Powers.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to table the minutes of the previous meeting held October 11, 2006 as they were not available for review. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint Dawn Kinney as Executive Director – Youth Board, Provisional effective 11/2/06. On the question, Supervisor Hallock said this is being done for Civil Service purposes. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant approval for the following transfers of funds in the General Fund: $125 to A 1220.0416, $105 to A 1620.0450, $125 to A 1620.0454, $13,300 to A 1981 Grant Writer and $1,050 to A 1410.0424 Town Code Update to be transferred from the following: $355 from A 1620.0414, $13,300 from A 1990 Contingency and $1,050 from A 1410.0430 Printing and Advertising. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:
          WHEREAS, the Town of Clarence, Erie County, Industrial Development Agency (CIDA) was formed in 1973 to help spur development in New York State and in particular Clarence, New York; and
          WHEREAS, the Erie County Industrial Development Agency and the Erie County Executive have reportedly indicated a desire to eliminate all Industrial Development Agencies except the Erie County Industrial Development Agency; and
          WHEREAS, the Clarence Town Board and the CIDA believe that maintaining their own IDA is an important aspect in developing and maintaining appropriate commercial and industrial growth in the Town of Clarence; and
          NOW THEREFORE BE IT
          RESOLVED, that the Clarence Town Board hereby affirms the fact that it supports the continuation of the existence of all five (5) Industrial Development Agencies: the Town of Amherst Industrial Development Agency, Town of Clarence, Erie County, Industrial Development Agency, Town of Hamburg Industrial Development Agency, Town of Lancaster Industrial Development Agency and Town of Concord Industrial Development Agency, as these Agencies serve an important and viable purpose for commercial and industrial growth and should be continued to remain separate for each community and believes that the merger of the Town of Amherst Industrial Development Agency and the Erie County Industrial Development Agency would be detrimental to the economy of Western New York; and be it further
          RESOLVED, that the Town Board of the Town of Clarence directs that the Town Clerk send certified copies of this resolution to the Erie County Executive, the members of the Erie County Legislature, the Western New York State Legislative Delegation and the Town Supervisors of Amherst, Lancaster, Hamburg and Concord.
          On the question, Supervisor Hallock said the Town of Clarence, by having its own Industrial Development Agency, is allowed to have Enhancement Areas, which would not occur with the ECIDA. We are able to incentivize projects in the Enhancement Areas that we feel are beneficial to the Town. They are small projects and would allow existing buildings to be reused.
          Councilman Casilio said his sister is on the IDA so he will recuse.
          Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to award the bid for the ADA Door Operators for the Town Hall and the New Doors and ADA Door Operators for the Clarence Library to Allgaier Construction Corp., being the low and responsible bid of $20,500 to be paid from the Community Development Block Grant Funds. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock reported the following in regard to Storm Damage:
          1. Report any storm damage to your insurance company. Each person is insured differently, but the initial claim is with your insurance company.
          2. Call FEMA at 1-800-621-3362 to register a claim. You will receive a claim number.
          If you reported a claim to FEMA, a FEMA investigator may contact you to visit your home. Make sure you have your claim number and that the investigator can verify that number. There have been reports of people acting as FEMA representatives. They should be wearing badges for identification.
          FEMA Community Relations teams may be in neighborhoods to advise property owners that they may be eligible for reimbursement. Make sure they have proper identification.
          We have heard FEMA is doing a case by case investigation and will determine what is and is not covered. We do not believe they will cover removal of trees from private property unless it prevents you from living in your home.
          Supervisor Hallock said the Highway Department will continue to clear brush until the Town is finished, weather permitting. It should be parallel to the roads and not block fire hydrants, gas meters, phone boxes, etc. Other debris should not be included in brush piles.

Councilman Bylewski said that as part of our insurance program, we have flex spending accounts for the employees that will now be using debit cards for this program. Town Attorney Steven Bengart added that the Supervisor and Councilman Bylewski have signed the signature cards at the bank for this process.

Councilman Bylewski reminded everyone that there is a Youth Needs Survey out there. He urges everyone to fill one out and return it.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          RESOLVED, that the Clarence Town Board authorizes Kathleen Hallock, Supervisor, to submit an application to the New York State, Department of State, Quality Communities, Community Center Program requesting monies to retain a consulting firm to determine the feasibility of establishing a community center in the town. Grant funds will be matched by the Town with monies in cash and in-kind goods and services.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman to set a Bid Date for November 21, 2006 at 10:00 A.M. for the sale of the following surplus vehicles: 2 – 2002 Chevy Malibu's, T-14 Security Car VIN #1G1ND52J82M658926 and T-17 Security Car VIN #1G1ND52J02M659052; and T-9 Chrysler Voyager VIN #1C4GJ25342B618844. The vehicles will be available for inspection at the Highway Department. All bids and advertising will be handled by Town Clerk Nancy Metzger. On the question, Councilman Weiss said this is part of our Vehicle Replacement Program. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said our Deer Reduction Program has been held up. We have not received the permits from the DEC.

Councilman Weiss said now is the time for everyone who does not have a generator to buy one. The prices should be lower now.

Motion by Councilman Kolber, seconded by Councilman Bylewski to authorize the Supervisor to sign a non-exclusive Lease Agreement by and between the Town of Clarence and the Clarence Baseball Association, Inc. and Clarence Girls Softball Association, Inc. for Town owned property located at 5635 Goodrich Road subject to the terms and conditions as set forth in said agreement. On the question, Councilman Kolber said this agreement is for the old Water Department facility. Councilman Casilio said that because of his involvement in Girls Softball, he will recuse himself. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Councilman Casilio said there was a press release last week announcing that we were receiving $12,000 from the State of New York for security upgrades in our parks. He is getting prices and types of systems available for video surveillance on the bike path system. We are focusing on wireless cameras. It is meant to be more of a deterrent from people wanting to do bad things on our bike paths.

Councilman Casilio announced that the Town of Clarence and the Chamber of Commerce are holding the 2nd annual Clarence Winterfest to be held on Sunday, February 11, 2007 from Noon to 6 P.M. at the Clarence Town Park on Main Street. We invite service organizations to participate. They can contact Dawn Kinney at 407-2162 no later than December 1st.

Department Reports

Dawn Kinney, Youth Department Director added that the Youth and Family Needs Survey is still available on the Town's website and the School District website. The last day to access the survey is November 24th to give UB time to analyze the data and put the reports together. Copies are also available on the table in the hallway at the Town Hall.
          The Youth Department is hosting a Craft Project on December 2nd for youth in grades K-6 at the library from 12 – 2 pm. Crafts will be donated to Brothers of Mercy Nursing and Rehabilitation Center.
          The Youth and Recreation Departments are sponsoring a "parent time out", where parents can drop their kids off between 9am to 2pm at Ledgeview, Clarence Center and Harris Hill Elementary Schools. There is no pre-registration and the program is free.
          The Recreation Department Programs will begin December 2nd at Harris Hill and Clarence Center Schools for open recreation for youth in grades 2 – 6. Ledgeview will start on December 9th.
          Winterfest will be February 11, 2007 from noon to 6pm.

A Public Hearing was held to consider the request for Concept Plan Approval for a 26-Lot Open Space Design Subdivision north of Roll Road, west of Newhouse Road.
          James Callahan said the property consists of approximately 21.96 acres zoned Residential Single Family. It is located within Erie County Sewer District No. 5. The project has received a Negative Declaration under SEQRA. The Planning Board forwarded recommendation for approval with conditions. A Public Hearing is required prior to Concept Approval according to the Subdivision Law.
          Sean Hopkins, Attorney representing the applicant said they are proposing an Open Space Design Development. It allows clustering, and less of the project site to be developed. They propose to leave 50% of the site as open space. The Gott Creek corridor is left in tact. They have preserved the open space along Roll Road. The infrastructure for roads and utilities will be privately maintained. The 11 acres will be owned by the homeowners association with deed restrictions filed at the Erie County Clerk's office. The Town of Clarence would also have enforcement rights on the conservation easement. They feel they have addressed all of the issues and presented a good project.
          Mr. Hopkins said the location of the private roadway has been moved approximately 80 ft. east so as not to be in conflict with the road on the south side of Roll Road. There will be adequate water pressure to the site. The proposal is consistent with the Town Board's density determination. It is 26 detached single family homes on individual lots.
          Councilman Casilio asked the Town Engineer if this would fall under the new fire hydrant requirement of 600 ft. Mr. Latona said he believes it will and it will be part of his review.
          Councilman Weiss asked if there is documentation for adequate sewer capacity. Rob Pidanick, Greenman-Pedersen said the project site is within Erie County Sewer District No. 5 and there is capacity. They will extend a gravity sewer to serve the site. Erie County Sewer District No. 5 will have to review and approve the capacity for the project design. That is a next step of the approval process. Mr. Cimato added that it is underway.
          Councilman Bylewski said he has heard that there may be issues regarding the delineation of the wetlands. Sean Hopkins said all wetlands are under the jurisdiction of the Army Corp of Engineers. There are no New York State wetlands on the site. The only impact that they are proposing is the road crossing. The wetland delineation report has been submitted and reviewed by the Army Corp of Engineers. They have done an onsite visit, but have not released a final determination. Mr. Hopkins said he hopes to receive it prior to them coming back for Development Plan Approval.
          Councilman Bylewski said it was previously discussed to extend the sewer line across from Loch Lea. There are residents along Roll Road that would like to tie into a sewer system. Mr. Hopkins said the gravity sewer will be deep enough for the Town or Erie County to extend the line westerly to service others. The applicant is also willing to size the pipe to allow for additional extension for the future.
          Councilman Kolber commended them for bringing in a project with everything that the Town is looking for. His only concern is homeowner encroachment into the conservation easement area. We have had problems with this in the past.
          Sean Hopkins said two things that can be done. One is to have the Town be a party to the conservation easement, which gives enforcement abilities. Two is to have it also enforceable by the owners of the other lots. The wording of the easement could also help with enforcement by making the person responsible for court costs and attorney fees. They are willing to work with the Town Attorney to at least try to minimize that possibility.
          Councilman Weiss suggested some type of marker on the property. Mr. Cimato said he would be willing to place markers on the lots.
          Councilman Bylewski said it was suggested maybe another unrelated third party such as the Western New York Land Conservancy get involved. Mr. Hopkins said he contacted them on a similar project and they are not interested in things like this.
          Councilman Kolber said he is concerned that the homeowners association may lose interest at some point.
          Mr. Hopkins said the only way it would fail is if every single owner in the association did get tired of it and decided not to do anything.

Speaking to the subject:
          Steve Napierala said he would like to know when he can hook up to a sewer, especially when it will be going right by his house. Councilman Bylewski said it makes more sense for the line to go down Roll Road so that he could tie in.
          Mr. Napierala asked if there will be any trees or berms to block off the view to his back yard. He also has standing water at the back of his lot and he wants to make sure that it does not get worse. He would be interested in purchasing the lot to the east of him as a third party interest.

Sam Bumbalo said he lives directly north of this proposed project. The proposed road loops back up to Fieldbrook. It appears that the back yards of two of the lots would be on Fieldbrook Drive.

Paul Winzenried wanted to know if he will be able to tap into the sewer also. It appears that three lots will now back up to his property. He would like to know if there will be any buffering to keep his privacy as well as theirs. Mr. Winzenried asked if the land on both sides of the road going in would be left in its natural state. That is what he would prefer to see.

Rich and Cindy Clay live next to this property. Mr. Clay said they own the berm that goes back along the property and he has recently noticed wetland flags were placed along side the berm. The discussion regarding wetlands did not include this portion. They have a copy of the report that was submitted to the Army Corp of Engineers and it does not say anything about a wetland in that area.

Sean Hopkins answered questions that were asked.
          Sewer access – The sewer line will be sized so that anyone along Roll Road would be able to tap in.
          Conveyance of property – He does not believe the Zoning Ordinance would allow that. It has to be permanent open space.
          Roll Road frontage would remain in its natural state, except for trees added along both sides of the roadway.
          Fencing – He does not think you would like to see that along an open space. The trade off of clustering is small lots and there will not be much room.
          Wetlands – Mr. Hopkins said the wetland delineation report does not include the area along the existing berm. It is probably wet most of the time given the fact that there is a berm. Portions of the berm encroach on the project site. The mere fact that there is standing water does not mean that it is a wetland. There are certain criteria in designating a wetland including specific vegetation and soils.
          Drainage – Mr. Hopkins said they intend to install rear yard drainage along all of the property lines. They have to assure the Town that they would not increase the rate of runoff. They also must assure the DEC that it will be clean in accordance with their regulations.
          Right-of-way of the cul-de-sac to the north – Mr. Hopkins said it does come close to lots 11 and 12. It is the right-of-way and not the road. There will not be any access to the cul-de-sac. Mr. Callahan said he does not believe that there is double frontage. Mr. Hopkins said there is no frontage.
          With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Councilman Casilio to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board, after a Public Hearing duly held on November 1, 2006, and after all interested parties being heard, grants the request of the applicant, Cimato Enterprises, for a 26-Lot Open Space Design Subdivision with private roads, located north of Roll Road and west of Newhouse Road, on approximately 21.96 +/- acres of vacant land, subject to the following conditions: 1. The entire Gott Creek Corridor is to be preserved. 2. No fencing is to be installed in this Open Space Design, subject to further review at the development plan stage. 3. Private infrastructure built to appropriate jurisdictional standards. 4. The proposed Homeowners Association is to be reviewed by the Town Attorney and must specifically address the private sewer issue. Conservation Easement to be reviewed and approved by the Town Attorney. 5. Per the local law, 50% open space must be preserved. 6. The setback from Roll Road must be a minimum of 200 ft. per the concept plan. 7. Defer the imposition, if any, of open space and recreation fees to be determined at the development plan stage. 8. Buffering to occur along the property identified, adjoining the neighbors on Roll Road and the cul-de-sac to the north of the property and along the northern boundary of the project sight. 9. Documentation regarding the capacity from Erie County Sewer District No. 5 must be sent to the Town during the development plan stage. 10. The sewer is to be run along Roll Road and sized to allow continuation of the sewer west of the applicant along Roll Road. 11. It is the Town Board's express desire that sewers be extended to those residents along Roll Road to the west of the applicant. 12. Applicant look into markers or other lines of demarcation to show what property will be the conservation/open space area.
          On the question, James Callahan said the applicant should be Cimato Enterprises. The sizing of the sewer line is to accommodate additional capacity of the adjoining neighbors. The date is November 1, 2006.
          Sean Hopkins said documentation from Erie County Sewer District No. 5 should be provided prior to, and he feels it should be during the next stage. They cannot get until the engineering plans are completed.
          Councilman Bylewski said he would change his motion to reflect the changes of the applicant to Cimato Enterprises; November 1, 2006; and sewer documentation during development stage.
          Councilman Casilio said number 4 should also include the conservation easement. Councilman Bylewski said he would change the motion to reflect this change.
          A resident asked if the buffering would include lots 13, 10 and 9. Mr. Hopkins said they will take a look at it, but he cannot make a commitment that they can build a berm.
          Councilman Bylewski said we are talking about some type of buffering along those portions, but we do not know exactly what that will be. It will be addressed in the development plan stage. The motion was amended to reflect the northern boundary.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the Preliminary Budget and Special Districts Assessment Roll for the Town of Clarence for the year 2007. Supervisor Hallock said she received comments today from the Town accountant. The largest part of the general fund is labor costs. They have tried to control costs by eliminating one position in the general fund and one position in the Highway fund.
          Debt payments have remained relatively stable with $84 million in assets and $16 million in debt. We borrowed $550,000 this year for work being done on the clubhouse. That work is ongoing right now.
          Contractual items were consistent with last year with the exception of adding one vehicle. Supervisor Hallock said that by using less fund balance, we are thinking long term to maintain a stable tax rate. The net results of the rates of the general fund, highway fund and water district would be an increase of $4.60 on a house assessed at $100,000.
          Supervisor Hallock said the Office of the State Comptroller has recommended that any changes in revenue or appropriations be entered into the record when discussing the budget. She has asked Councilman Bylewski to discuss the changes made to the preliminary budget from the tentative budget.
          Councilman Bylewski said the entire Town Board made changes from the Tentative Budget to the Preliminary Budget as follows: General Fund line item salary changes – decrease in the Council line; increases in Supervisor, Administration, Town Clerk and Law; decrease in Highway due to new employee; and increase in Zoning due to a step change.
          General Fund Appropriations: decrease in Assessor; increase in two lines in Security and Garage. These increases are the result of the Town Board's desire to beef up our security presence.
          Special Districts – increases in Fire Company lines – Rapids Fire Company from $33,900 to $35,000; Swormville from $181,496 to $185,021; and Harris Hill from $733,385 to $740,000.
          Special Revenue Fund Recreation Interest – decrease to specific line item.
          Councilman Bylewski said an overall comment regarding assessed value, there was a change in the assessed value between the Tentative and the Preliminary Budgets as the result of further review of the assessment review process. There was a decrease in assessed value of $968,550.
          Councilman Kolber said the increase in spending is up about 2.5% over 2006. There is about $200,000 difference from the Tentative to the Preliminary Budgets.
          Supervisor Hallock said we asked all of our contractual entities to try and stay within a 3% increase with respect to the taxpayers.
          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 the request for a Special Exception Use Permit for a secondary living unit at 10410 Keller Road. James Callahan said the existing vacant parcel consists of approximately 5.3 acres zoned Agricultural Rural Residential. The applicant is seeking permission to construct a single family home with an in-law apartment.
          Karen and John Dunn were present. Mr. Dunn said the deed has been amended to reflect the single family residence and will never be sold as a multi-dwelling.
          Town Attorney Steven Bengart said they should have submitted here for his approval first.
          Councilman Bylewski said it appears that they are aware of the conditions and asked if they are in agreement. Mr. Dunn said they are.
          With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Be Resolved, that the Clarence Town Board after a public hearing duly held on November 1, 2006, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant Karen Dunn, for a secondary living unit as part of a proposed single-family home to be located at 10410 Keller 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.
          On the question, Town Attorney Steven Bengart said they have already recorded the deed prior to being reviewed. If it does not meet our proper wording, it may have to be amended at the owner's expense.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to reopen the Public Hearing with Clarence Center Vol. Fire Company to consider entering into a contract in the amount of $693,900. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Speaking to the subject:
          Supervisor Hallock said she spoke with an officer today and told him what the amount was and that she did not think it would change. The amount is less than a 3% increase.
          With no one speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to reopen the Public Hearing with East Amherst Fire Department to consider entering into a contract in the amount of $248,048. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Speaking to the subject:
          Supervisor Hallock said this is the same amount as last meeting.
          With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to reopen the Public Hearing with Harris Hill Vol. Fire Company to consider entering into a contract in the amount of $740,000, as changed from the Tentative Budget amount of $733,385. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Speaking to the subject:
          Garry Soehner, Treasurer read a statement about the fire company and their budget request. He feels that their budget was arbitrarily determined before their meeting with the Town Board. The 3% is less than the increase in the assessed value of their district. He also does not think it matters what they say.
          Mr. Soehner said they answer between 700-800 calls per year. During the recent storm they had 200 calls. They also provided a shelter with round the clock people. If they were paid, they would be dealing with excessive overtime or other personnel issues.
          They have an annual review by an external auditor. They have applied for grants and been unsuccessful. The fire hall was built to environmental standards. It will save the Town a lot of money over the years in utility costs. They just received a check in the amount of over $42,000 for installation of items to conserve on electrical use, which will help pay down the mortgage.
          Mr. Soehner said the most significant new item is a truck to replace a 20 year old piece. Service contracts cost about $19,000. They need to upgrade defibulation equipment at a cost of $8,500. They also increased the budget for fuel, fire prevention and cleaning of firemen's gear.
          Mr. Soehner said he believes the fire companies provide the most cost effective service in the Town. He does not understand what happened to the communication.
          Councilman Bylewski said the Town Board has expressed gratitude for opening the doors to use the fire hall as a shelter when the other locations failed for various reasons.
          The budget process began last year at a meeting with all of the fire companies about multi-year budgeting. Various topics were brought up such as long term planning, capital projects, etc. There was one other meeting this year to go over what we were expecting. It was clear that any increases over 3%, a narrative should be provided to justify the increase.
          Councilman Bylewski said the assessed value did go up, but approximately 1/3 is for new builds and the rest is because there has been an increase in existing values. The Town Board has to look at the budget as well as what the residents can handle.
          Mr. Soehner said they completed the forms that they were given.
          Councilman Bylewski said other fire companies provided a narrative. They also submitted projected budgets.
          Mr. Soehner said it is difficult for them to project the cost of maintaining the new building with the rising costs. This is the first year with the new fire hall.
          Councilman Bylewski said it is also difficult for the Town, but the Town is going with multi-year budgeting. They are asking other entities to do the same.
          Councilman Casilio said we are $8,000 apart and asked if there is a compromise. Mr. Soehner said the equivalent to that is their entire recreation budget. They budget pretty close.
          Councilman Weiss said his concern for the residents is that wages are not keeping up with the taxation. All of our departments are facing the same thing. We appreciate all that you do, but everyone is facing the same issues.
          Councilman Kolber said he understands their position. He does not have a problem with their request for $748,000.
          Michael Ertel, Asst. Chief said the increase is more than the 3%, but the amount of calls they are responding to is increasing at a much higher rate. The commercial area, which they cover, is also growing. Harris Hill answers more calls than the other fire companies in the Town.
          Councilman Casilio asked again, if there was a compromise they could come to.
          With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to reopen the Rapids Vol. Fire Company Public Hearing to consider entering into a contract for fire protection in the amount of $35,000 from the Tentative Budget amount of $33,990. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Speaking to the subject:
          Councilman Bylewski said he spoke with the Vice President of the fire company and the difference in the budget amounts was mentioned.
          With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Casilio to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to reopen the Swormville Vol. Fire Company Public Hearing to consider entering into a contract for fire protection in the amount of $185,021 from the Tentative Budget amount of $181,496. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Speaking to the subject:
          Albert Weiser, Board Member, Dave Stengel, Vice President and John Keegan, Financial Secretary were present.
          Councilman Bylewski said they have had several meetings with Swormville Fire Company.
          Albert Weiser commended Garry Soehner for what he did for Harris Hill. It is the same story for all of the fire companies. Swormville has submitted everything that was required. The consensus of the company is what do they have to show to prove that they have a real budget. There is no slush fund or extra money. Prices of everything have gone up.
          Supervisor Hallock said they did budget for 13 mortgage payments. Basically they are taxing today's taxpayers for a future benefit and we are not sure that is appropriate. Mr. Weiser said it would save taxpayers $135,000.
          Councilman Bylewski said we have to consider would the taxpayers be better off with the money in their pocket today, than an additional mortgage payment.
          Albert Weiser said if they float a bond to purchase a vehicle, it would cost a lot more. They are trying to do their best.
          Councilman Casilio asked if they would be willing to compromise with $189,425. Mr. Weiser said that would be acceptable.
          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.
          Albert Weiser thanked the Supervisor for the interest in what they do.
          Councilman Weiss thanked them for the educational session that they put on. Councilman Casilio added that they have been the most successful in getting FEMA grants.

Councilman Bylewski said he believes the only budgets that need a final decision would be Harris Hill and Swormville before we vote on the overall budget.
          Councilman Casilio said he would like to work on Harris Hill a little more.
          Town Attorney Steven Bengart said he thinks the Board should vote on the individual contracts.

Motion by Councilman Bylewski, seconded by Councilman Weiss to enter into a contract with Clarence Center Vol. Fire Company for fire protection in the Town of Clarence for the year 2007 in the amount of $693,900. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to enter into a contract with East Amherst Fire Department for fire protection in the Town of Clarence for the year 2007 in the amount of $248,048. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to enter into a contract with Rapids Vol. Fire Company for fire protection in the Town of Clarence for the year 2007 in the amount of $35,000. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to enter into a contract with Swormville Vol. Fire Company for fire protection in the Town of Clarence for the year 2007 in the amount of $189,425. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Casilio to enter into a contract with Harris Hill Vol. Fire Company for fire protection in the Town of Clarence for the year 2007 in the amount of $745,000. On the question, Councilman Weiss said he does not want it to end up every year as let's make a deal. We should be firmer on our numbers. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the Preliminary Budget and Special Districts Assessment Roll for the Town of Clarence for the year 2007, with the changes made regarding the fire companies. The changes being the motions just passed for contracts for fire protection services. Upon roll call – Ayes: All; Noes: None. Motion carried.

Tim Krantz requests Concept Approval for a 4-Lot Open Development Area with two frontage lots at 9086 Lapp Road. James Callahan said the location is the north side of Lapp Road, west of Heise Road consisting of over 130 acres zoned Agricultural Rural Residential. A Negative Declaration was issued Sept. 27, 2006.
          Don Swanson was present representing the applicant.
          Supervisor Hallock said in the interest of full disclosure, we were able to take advantage of an offer Mr. Krantz made last week to assist us in our debris removal. We staged some of our grinding operation on his property with the condition to leave the mulch. Due to the emergency situation, and the fact that we did not want to have to move the mulch again, we went forward. Mr. Krantz was told that would have no bearing on this vote.
          James Callahan said the rear of the property is in a Federal Conservation Easement and maintained in perpetuity as a conservation easement. The Town is not involved.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board approves and grants the request of the applicant, Tim Krantz, for a 4-Lot Open Development Area located at 9086 Lapp Road subject to the following conditions: 1. The fire hydrants and looped water system will be considered and dictated by the Fire Advisory Board. 2. Recreation and Open Space Fees are to be paid at Building Permit stage. 3. The Homeowner's Association agreement needs to be submitted to the Town Attorney's Office prior to the project being placed on the Town Board agenda for Development Plan Approval.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of November 2, 2006 area approved for payment: General Fund - $96,134.78; Highway Fund - $58,353.84; Water District - $15,279.91; Capital Fund - $203,918.89; Special Revenue - $3,550.00 and Trust and Agency 203 - $2,458.50 for a total amount of $379,695.92. Upon roll call – Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

Councilman Weiss thanked Mr. Krantz for offering his property for use by the Town in an emergency. Councilman Casilio said the private contractors were backed up on Sheridan Drive to Main and Thompson. Some were sitting in line 45 minutes. It allowed our employees to keep going without having to wait.

Rob Kahabka commends the Town on how quickly they picked up debris in his area. However, he would like to know what recourse he has for the damage to his front lawn.
          Supervisor Hallock said the Highway Department is taking those complaints. Some of the contractors were hired by Erie County and some areas were cleaned by the DOT. There is a process set up. The Highway Department knows who was in a particular area. She hopes to address this with FEMA to see if there is any grant money available to help with the residents.
          Mr. Kahabka said the Highway Department gave him a number to contact.
          Town Attorney Steve Bengart said the process was set up by the County with each contractor having to provide insurance. The Town did not hire anyone.

There being no further business, Supervisor Hallock adjourned the meeting at 9:50 P.M.

Nancy C. Metzger, Town Clerk