A Work Session of the Clarence Town Board was held on November 16, 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, Joseph Weiss and Bernie Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Town Attorney Steven Bengart, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, and Director of Administration and Finance Pam Smith.
Director of Community Development – James Callahan
7:45 P.M. - Premium Automotive 8574 Sheridan Drive – to consider the request for a Temporary Conditional Permit for an automotive repair business at 8574 Sheridan Drive. Applicant has identified that original vehicle repair was a part of the Musso operation but has subsequently expanded. The Town Board never approved the expansion of the existing use to include a separate/stand alone automotive repair facility. The Restricted Business classification does not allow for automotive repair. The Town Board could consider a Temporary Conditional Permit for the use.
Formal Agenda items:
Carol Shamas 10928 Main Street
Jim Ramsey 10748 Main Street
Waterford Village Bank
Charles Kelkenberg/Pinecrest Homes-Bill Burkard 7054 Salt Road
Charles Kelkenberg 10680 – 10716 Croop Road
Michael & Barbara Scott 5750 Salt Road
Darlene Hartwig – north of 6201 Kraus Road
Walgreen’s Drug Store 9200 Sheridan Drive
Work Session items: (for consideration on December 7, 2005)
Rocco DelGrosso 6221 Transit Road
Carl Frizlen 9435 Main Street
Supervisor Hallock stated that in three weeks several proposed subdivisions will be on the agenda and she would like to discuss several issues brought up including private roads, condominium status, and clustering etc. so the Planning Board and the applicants have some type of direction ahead of time.
Councilman Kolber suggested that we look at our Zoning and Subdivision Laws with each project and what we can foresee as a vision for how these projects develop. Without being restrictive, see how we can maximize the aesthetic appearance of the town; maximize the features we want in it working within our own newly adopted guidelines. Then with this guidance, send the project on to the Planning Board to work out the details.
Councilman Bylewski stated that as they are reviewing each project, it is hard to determine whether we want to see public or private roads until there is more detail.
Town Attorney Bengart suggested that Jim Callahan provide information to the applicant in advance as to what is expected when submitting a project.
Councilman McPherson stated that just because the Town Board refers a project to the Planning Board does not mean they are advocating approval. Town Attorney Bengart agreed but added that it helps the entire process if certain Board members have issues, they be noted up front.
James Callahan stated that there are some general issues that should be put on the record such as open space design.
Councilman McPherson stated that you cannot establish home rule to exclude condo status but you may be able to pass a local law that sets the size for the condo status.
Cesar Banach 8500 Roll Road
Supervisor Kathleen Hallock
On December 8, 2005 @ 9:00 A.M. the Town Board has a special meeting with Peanut Line Sewage Works Corporation. Following that meeting Supervisor Hallock has requested the Board continue on and discuss 2006 Organizational items. Karen Jurek is putting packets together showing the changes that were made in 2005.
There is an opening on the Ethics Board; applications will be accepted until December 16, 2005.
Supervisor Hallock announced that she would be gone on Friday, November 18 as part of the Community Development Block Grant project selection committee. Town Engineer Latona and Assistant Director of Community Development James Hartz are meeting with the committee that is reviewing the Town’s application.
Supervisor Hallock spoke with Bob Kilduff at Erie County and he has informed her that he has processed a number of applications for the no interest loans to hook up sewers in the Hollow.
The computers and equipment that were declared surplus are all disposed of. Eight computers were sold and all the rest of the equipment was donated to Autistic Services, Inc.
Supervisor Hallock will announce two appointments for Animal Control positions.
Supervisor Hallock will make a transfer of funds.
Norm Castine has requested a meeting with the Town Board relative to his 4-lot open development project on Goodrich Road between Martin and Lapp Road. Councilman Bylewski said that Mr. Castine is not happy with what he is being told by the Planning Board. If he wants an open development, he can go ahead through the planning process, which is what Deputy Town Attorney David Donohue told him. However, if he wants a subdivision, he will have to come back to the Town Board, it is up to him as to what he wants to do.
Supervisor Hallock has one item to discuss in Executive Session.
Councilman Ian McPherson
Councilman McPherson will correct the minutes of October 12, 2005 regarding a motion made in Executive Session. The action taken was to suspend Tom Scott with pay indefinitely, that was not reported in the minutes.
Councilman McPherson researched the Clarence Middle School sewer hookup situation. After speaking with everyone involved, there is no interest on the part of the Corporation in charging the school to hook up. They are free to connect to the sewer line as long as there is capacity, which is the way it has been done since day one. Councilman McPherson suspects that is probably the reason why it was not worded in the exact contract is because the capacity issue was not then and still is not settled in terms of what the Amherst pipe yields.
Councilman McPherson met with the school and a representative from the corporation and they are in perfect accord and willing to sign a mutual agreement. The corporation’s position is that they have no objections to the school hooking up as long as the terms of their contract with the Town of Clarence/Heise-Brookhaven are met. The school is also an advocate of capacity. They have the high school and that gets us into the County report that wants to consolidate the high school, BDT Plant and use Spaulding Lake treatment plant as a pump station. When and if that ever occurs, the school is interested in hooking up as many of their properties as possible. As far as the Middle School, there is no problem as long as there is capacity.
Town Attorney Bengart asked if the Corporation is giving up an equivalent of 100 +/- taps. Councilman McPherson said they would not, as long as there is capacity to plug in the school and as long as the terms of the Heise-Brookhaven Sewage Works Corporation are met which gives them 1000 taps.
Town Attorney Bengart asked what would happen if the corporation gave the school the 100 taps and the capacity left is only 900 taps. What would the corporation do if they have already hooked up the school? Councilman McPherson stated that the Town would have to build a parallel sewer, the Town will have to build it anyway if one of any of these projects or if any of the current Master Sewer Plan expansion is done. The Town has little or no risk unless we refuse to put in the parallel sewer. The Town will not pay for the parallel sewer, the only thing the Town is saying and has ever said is if that parallel sewer is put in, the Town retains full and complete control over what happens on the east side of Transit Road.
Town Engineer Latona questioned whether the agreement between the Town and the Corporation indicates that the Town agrees to give the Corporation 1000 taps. If the 1000 taps are not available because of capacity then the contract has been broken and is the Town then liable to install the sewers? Town Attorney Bengart stated that was a concern of his as well. Councilman McPherson said that logic would dictate, if you look at the Master Sewer Plan and look at all the demands on sewers from Sewer District #5, the parallel sewer is an inevitability. The important thing to remember and the DEC will support this, is that the Town of Clarence would retain complete control over everything that takes place on the east side of Transit Road depending on who builds the sewer.
Councilman Scott Bylewski
Councilman Bylewski has a resolution regarding All-Hazard Mitigation Plan for the Town of Clarence.
Councilman Bylewski will announce that there are four openings for the Youth Center Board of Directors positions. The last day to submit applications in November 26, 2005.
Councilman Bylewski has received information regarding a Local Law dealing with Municipal Theme Districts. This may be done in combination with our Historic Preservation Law.
Councilman Bylewski has a Resolution authorizing the Supervisor to sign a contract with Clinton Brown Architecture PC for the Reconnaissance Survey of Historic Resources in the Town of Clarence.
Roy McCready has submitted his letter of resignation from the Planning Board effective the end of his present term.
A Community Service meeting is scheduled for November 28, 2005.
Today was the last day to submit applications to fill Marjorie Chase position on the Senior Center Board.
Councilman Bylewski questioned whether Town Attorney Bengart has received any correspondence from the DEC relative to having another engineering firm involved with the mitigation regarding Gary Wright. Town Attorney Bengart stated that the only correspondence he has received is a letter from the DEC stating that the Town has a contract and should enforce their own contract.
Councilman Joseph Weiss
Highway Superintendent Ted Donner is requesting a bid date be set for November 30, 2005 for the purchase of One Rubber-Tired Articulate 4-Wheel Drive Loader.
Town Engineer Latona stated that there were five bidders for the Standby Power Generator for the Building/Engineering/Highway Departments and the fuel depot. The low bidder came in at $107,700. Mr. Latona has asked the consultant to work with the low bidder to see if we could cut some money out of that, which he has. We will award it at the bid price and then do Change Order #1 which is a deduction of $17,800. for a net award of $89,900. which is lower than budgeted.
Councilman Weiss has a resolution authorizing payment of the annual fire hydrant maintenance fee to the Erie County Water Authority for all fire hydrants within Boncrest West Subdivision.
Councilman Bernie Kolber
Senior Center Board member Art Dobson has decided he does not want to be reappointed to the Senior Center Board. His term expires 12/31/05. The Senior Center Board is looking for an attorney to fill his position.
Roy McCready is a member of the Landscape Committee; Councilman Kolber asked if that position would have to be filled as well. Councilman Bylewski stated that we are looking into a possible amendment to the way our Landscape Law is presently written. As it stands now, the Landscape Committee consists of two members of the Planning Board and one member of the Conservation Advisory Committee. There is thought of making it more inclusive by having a professional, a member of the Planning Board and a member of the Conservation Advisory Committee to make sure we have the experience and/or educational background.
Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the employment history of a particular person, § 105 (1) D pending litigation regarding the Town Hall pond and § 105 (1) H proposed sale of real property regarding Green Valley. Upon roll call - Ayes: All; Noes: None. Motion carried.
There being no further business, the Work Session adjourned at 7:25 P.M.
Darcy A. Snyder
Motion by Supervisor Hallock, seconded by Councilman Weiss to adjourn the Executive Session at 7:45 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.
Regular meeting of the Town Board of the Town of Clarence was held Wednesday, November 16, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Kathleen Hallock called the meeting to order at 7:45 P.M. Councilman Ian McPherson 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 Director of Community Development James Callahan, Town Attorney Steven Bengart, Asst. Director of Community Development James Hartz, Town Engineer Joseph Latona, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.
Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held October 12, 2005. On the question, Councilman McPherson had a correction to the Executive Session as follows: Motion By Councilman Ian McPherson seconded by Councilman Joseph Weiss that the Clarence Town Board has decided to suspend a particular person with pay, immediately, pending further investigation and review. Upon roll call – Ayes: Councilmembers Weiss, Bylewski and McPherson; Noes: None. Abstain: Supervisor Hallock and Councilman Kolber. (They were not present.) Motion carried.
Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of the previous meeting held October 26, 2006. On the question, Supervisor Hallock had a correction on page 229 stating that the moratorium will expire November 28, 2005, should be October 28, 2005. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve a transfer in the General Fund of $5,000 from account A 1620.251 Equipment to A 1440.434 Professional Services. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize Kasprzak & Klotzbach Architects to conduct an architectural evaluation of the Clarence Youth Center in accordance with their proposal dated October 27, 2005 in an amount not to exceed $5,000 to be paid from account A 1440.434 Professional Services. Upon roll call – Ayes: All; Noes: None. Motion carried.
Supervisor Hallock announced that the Town Board passed two motions since the last regular meeting. Their practice is to announce any motions that were made at special meetings. They are as follows:
Supervisor Hallock said the Organizational Meeting will be held in January and quite often there are openings on committees. If anyone is interested in serving on a committee, they should submit an application to the Supervisor’s office.
Supervisor Hallock announced that item 19 is removed from the agenda because conditions of the motion made on October 26, 2005 were not met.
Councilman McPherson recognized Rosanne Driscoll who is present representing the Chamber of Commerce.
Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
Councilman Bylewski said there are still four openings on the Youth Center Board of Directors. Applications will be accepted through November 26th.
Councilman Bylewski announced that there will be a community service organizations meeting held Monday, November 28, 2005 from 7 – 9 pm at the Town Hall. Gretchen Stringer will discuss recruiting and retaining volunteers.
Motion by Councilman Bylewski, seconded by Councilman Kolber to authorize the Supervisor to sign and where required, initial, the contract between Clinton Brown Company Architecture, PC and the Town of Clarence for the Reconnaissance Survey of Historic Resources in the Town of Clarence. The Town Attorney has reviewed the contract and approves of same as to form with the agreed upon changes and addendums. On the question, Councilman Bylewski said this is being done in conjunction with our Historic Preservation Committee. As the local law is being prepared, we need to survey the historic properties in the Town. Councilman Weiss said he will be abstaining as he has had business relations with this company. Upon roll call – Ayes: Councilmembers Kolber, Bylewski, McPherson and Supervisor Hallock; Noes: None. Abstain: Councilman Weiss. Motion carried.
Councilman Bylewski announced that Roy McCready a longstanding member of the Planning Board does not wish to be reappointed after his term expires this year. He has been an active member for 18 years and feels it is time to step down. Councilman Bylewski wished him the best in future endeavors and we hope he will remain on the Landscape Committee.
Motion by Councilman Weiss, seconded by Councilman Bylewski to agree to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for all fire hydrants within the Boncrest West Subdivision. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to award the bid for the Emergency Standby Generator Installation at the Highway Department, Building and Engineering Department and Fuel Depot to Goodwin Electric, Corp., they being the lowest responsible bidder in the amount of $107,700 with the following modifications per Change Order No. 1, dated November 15, 2005, in the amount of a deduction of $17,800. The total net award to Goodwin Electric, Corp. is $89,900. On the question, Councilman Weiss said this is the result of our Engineering Department working down the bid with the vendor. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman McPherson to set a Bid Date of November 30, 2005 at 10:00 am for the purchase of a new highlift for the Highway Department. Bid Specifications will be available at the Highway Department and the Town Clerk’s office. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Weiss thanked all of the people involved with the Ramsey House, especially Elaine Wolfe.
Councilman Weiss congratulated Councilman Bylewski and Mr. Casilio on the election and also Mr. Pazda and Mr. Cardillo for being involved in the political process.
Councilman Kolber also thanked everyone who worked to save the house on Main Street. It is a vital part of our historic Clarence Hollow.
Councilman Kolber said his appointment to the Senior Center Board, Arthur Dobson, has stated that he does not want to be reappointed. We will have one opening and they said it would be great to fill it with another attorney. Mr. Dobson was an asset to that Board.
Debbie Popp asked when the Board expected item 19 to come back on the agenda? Supervisor Hallock said on October 26th they requested that they return with a site plan to see how the project would affect the mobile home park. We will not entertain it until that document is received. Mrs. Popp asked if it would go back to the Planning Board? Councilman Bylewski said it has not gone to the Planning Board yet.
A Public Hearing was held to consider the request for a Temporary Conditional Permit for an automotive repair business at 8574 Sheridan Drive. James Callahan said the location is the north side of Sheridan Drive, east of Harris Hill Road in the Musso Plumbing building. The business started out as a fleet repair for the plumbing business.
Motion by Supervisor Hallock, seconded by Councilman McPherson to grant a Temporary Conditional Permit for an automotive repair business at 8574 Sheridan Drive for the period of one year, limit of 10 vehicles with stripping for parking spaces and no sales or display of vehicles. On the question, Councilman McPherson said it should be clear that this business is not the only one on the property. There are other cars parked near the front of the building for the other business. Upon roll call – Ayes: All; Noes: None. Motion carried.
Carol Shams requests a Change-In-Use from vacant to Health Care Center and Coffee Shop at 10928 Main Street. Mr. and Mrs. Shams said they purchased the former Yankee Peddler building about 6 years ago. They are proposing a coffee shop for one side and a holistic health center on the other. There is plenty of parking on the site.
Waterford Village Bank requests Architectural Review of previously approved bank at 8411 Main Street. James Callahan said the location is on the south side of Main Street, west of Harris Hill Road in the Traditional Neighborhood District. The project received full approval on June 8, 2005.
Charles Kelkenberg, Pinecrest Homes and Bill Burkard are requesting approval of a proposed subdivision along the existing public roads in the Agricultural Rural Residential Zone at 7054 – 7068 Salt Road and 10500 – 10520 Miland Road. James Callahan said the location is the west/south side of Salt Road and the west side of Miland Road. During the moratorium a minor subdivision was approved for four lots. Any further splits were on hold until the moratorium was lifted. There are several splits here that have an insufficient amount of frontage under the current Zoning Law. The splits have already occurred beyond the original four.
Charles Kelkenberg requests approval of a proposed subdivision from the parent parcel located on the north side of Croop Road, west of Salt Road in the Agricultural Rural Residential Zone at 10680-10716 Croop Road. James Callahan said three splits were approved by a minor subdivision review including lots 1, 3 and 4. Lot 5 meets the minimum requirements and lots 2 and 6 do not. It is beyond the four lots of a minor subdivision. Councilman Bylewski said we want to discourage more curb cuts, however, in this case you are filling in between existing homes.
Michael and Barbara Scott request a 4-Lot Subdivision along Salt Road in the Agricultural Rural Residential Zone at 5750 Salt Road. James Callahan said the proposed splits are in conformance with the Zoning Law.
Darlene Hartwig requests a 2-Lot Minor Subdivision in the Agricultural Rural Residential Zone north of 6201 Kraus Road. James Callahan said the location is north of Memorial Park. The proposal is in conformance with the Zoning Law. Per the Subdivision Law, it has been referred to the Engineering Department, Assessor, Planning and Zoning and the Town Attorney for review. No comments were received.
Item 19 Walgreens Drug Store was removed from the agenda because conditions set at previous meeting were not met.
William Lasota was present to discuss traffic on Wolcott Road. Mr. Lasota said due to the detour from Tonawanda Creek Road, traffic has increased on Wolcott Road. The speed limit is 40 mph and they are traveling 50 – 60 mph. He proposed a stop sign be placed at every intersection to try and slow the traffic down.
Motion by Councilman Bylewski, seconded by Supervisor Hallock to table the request by Jim Ramsey for a determination under the State Environmental Quality Review Act in order to proceed with a Demolition Permit for 10748 Main Street pending a request to be placed on the agenda by the applicant. On the question, Supervisor Hallock thanked everyone who participated in trying to save this house. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval of the following: Clubhouse Applications – A. Clarence HS Cross Country – Nov. 21, 2005; B. Clarence HS Indoor Track – March 7, 2006; C. Girl Scout Troop #148 – Jan. 19, Feb. 16, Mar. 23, Apr. 27 & May 18, 2006; and Legion Hall Applications – A. Cub Scout Pack 563 – Nov. 16, & Dec. 14, 2005 and Jan. 11, Feb. 15 & Mar. 15, 2006; B. Tom Bassanello – Nov. 19, 2005; C. Cub Scout Pack 27, Den 4 – Dec. 7, 2005; D. Charles Matteson – Dec. 17, 2005; E. Lucille Ess – Dec. 18, 2005; F. Kate Buchbinder – Dec. 30, 2005; and G. Tina Battaglia – Mar. 19, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of November 17, 2005 are approved for payment: General Fund - $83,160.65; Highway Fund - $6,503.08; Water District - $53,313.64; Sewer Districts - $147.06; Capital Fund - $7,201.28; and Trust and Agency 203 - $18,675.00 for a total amount of $169,000.71. Upon roll call – Ayes: All; Noes: None. Motion carried.
“For the Good of the Town”
Peter Wolfe said in regard to item 17, we wanted to look at that piece for greenspace at one time. It has been split twice already and now four more times. He asked if there are subdivision problems with that? James Callahan said the Town Board proceeds forward with the new Subdivision Law. Councilman Byelwski said they were already lots of record when the new law was adopted.
Councilman Bylewski thanked everyone for getting out to vote, especially those who voted him back into office. He looks forward to working with the new Board on January 1st.
Elaine Wolfe thanked everyone for their help with what she calls the “yellow house”. They got a 6-month deal with Mr. Ramsey. It may require the community to step forward once again depending on if the Historical Society wants to purchase the house. The other option is for someone to buy it. She thanked the Town Board, Clarence Hollow Association and Joe David who put together the document.
Supervisor Hallock congratulated the newly elected officials and looks forward to productive times.
There being no further business, Supervisor Hallock adjourned the meeting at 9:20 P.M., at Councilman McPherson’s request, in memory of Jeff Kozlin a longtime resident of Clarence who passed away this week.
Nancy C. Metzger