11/17/04


A Work Session of the Clarence Town Board was held November 17, 2004 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:02 P.M. Members of the Town Board present were Council Members’ Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Assistant Director of Community Development James Hartz, Town Attorney Steven Bengart, Senior Building Inspector David Metzger, and Town Engineer Joseph Latona.

Director of Community Development James Callahan

Formal Agenda items:

Public Hearing @ 7:50 P.M. to consider a Local Law, “Land Use Laws, Rules and Regulations Compliance with Adopted Comprehensive Plan.”

Kevin Aiken 6305 Transit Road

Applicant is requesting approval to amend the existing Temporary Conditional Permit to construct a new storage building to house equipment. This building will replace the existing building. If the applicant is not going to be using the building for his business, the Building Department can issue a building permit. However, if the applicant will be storing his business equipment a public hearing should be scheduled.

Applicant has indicated that the proposed building will be used for agricultural purposes and has stated that the proposed construction will improve the site conditions by allowing for additional storage space outside of public view. The proposed site is located on the east side of Transit Road, north of the Peanut Line.

Barbalatto Builders – north of County Road, west of Heise Road

Applicant requests Concept Plan Approval to develop two Open Development areas, one with access to Heise Road and one with access to County Road. A total of ten Open Development area lots are proposed on existing vacant land consisting of 28.9 +/- acres in the Residential A Zone. Because of the moratorium in place, the applicant will have to decide which Open Development he wants to present to the Town Board, he can not present both.

Work Session items for consideration at the 12/01/04 meeting:

Colton RV – Eastern Hills Mall

Applicant requests a Special Exception Use Permit for recreation vehicle sales in an existing storefront in the Eastern Hills Mall. Per the Zoning Law, vehicle sales requires a Special Exception Use Permit as issued by the Town Board. Per past practice of the Town Board, a Temporary Conditional Permit may be issued per discretion of the Town Board.

Towne BMW 8215 Main Street

Applicant is requesting a building permit and architectural approval for construction of a 5,462 square foot addition to the existing automotive service center. The proposed site is located on the south side of Main Street, east of AutoPlace.

Fred Stanton 8041 Transit Road

Applicant is requesting a building permit and architectural approval for construction of a new hanger at the Clarence Flying Club. The proposed site is located on the east side of Transit Road, north of Wolcott Road. The existing Flying Club consists of several hangers and an existing runway located on 35+/- acres in the Agriculture Zone and within the Density Flood Plain.

Mike Helbringer – 8455 Clarence Center Road

Applicant is requesting an amendment to existing PURD to create a single family residential lot. The proposed site is located on the south side of Clarence Center road, east of Newhouse Road on the northeast corner of the Bristol Village complex. Applicant is requesting approval to split off one residential lot (120’ x 216’) for construction of a single-family dwelling on the northeast corner of the property. This is an existing Planned Unit Residential Development (PURD) housing Vinecroft and Bristol Village Retirement Communities. The property consists of 39+/- acres, zoned PURD. The overall density of the project as originally approved was calculated utilizing the ratio of two suites per unit. The Bristol Village portion of the PURD contains 84 suites or 42 units on 19.19 acres. The overall density would be approximately 2.6 units per acre. Per the Zoning Law, the Town Board has discretionary authority to amend the PURD Zone and change the final site plan. It is calculated that the density as amended would remain in compliance with the PURD classification. The Planning Board has forwarded a recommendation with conditions.

Mary Jo Parker 8160 Wehrle Drive

Applicant is requesting a Building Permit and Architectural Approval for construction of a pole barn in the Commercial Zone. The proposed site is located on the north side of Wehrle Drive, east of Transit Road. The Planning Board has forwarded a recommendation with conditions. The Town Board has concerns with the proposed size of the building.

Niagara Implement – Al Weir 8655 Transit Road

Applicant is requesting a Special Exception Use permit to display machinery outside of an enclosed structure located at 8655 Transit Road. The proposed site is located on the northeast corner of Transit Road and Tonawanda Creek Road. The property consists of 3.1 acres in the Major Arterial Zone. The Planning Board has forwarded a recommendation with conditions, including Landscape Committee review.

Transit Valley Animal Hospital - Dr. Budick 7591 Transit Road

Dr. Budick is requesting approval to construct a pole barn to the rear of his property. A site plan has been submitted. The proposed site is in the floodplain.

Supervisor Kathleen Hallock

Supervisor Hallock has a transfer of funds for General Fund.

Supervisor Hallock has a Resolution authorizing her to sign the Erie County Stop-DWI Contract for 2004.

The Town Board was copied a letter Supervisor Hallock received from People Inc. regarding receiving funding of application for senior housing on Sheridan Drive. Assistant Director of Community Development James Hartz stated that no site plans have been submitted. This would be a Special Exception Use Permit and up to the discretion of the Town Board as to whether or not this is an appropriate location. The proposal calls for forty-nine units with one – two occupants per unit.

Several years ago when the Animal Control building was built, no telephone or computer service was provided. Jerry Schuler has always used a cell phone for communicating. Using the existing conduit that was previously installed, our computer vendor Network Services arranged for cabling. Jerry is now on our computer network and will have a telephone land line very soon. What was thought would be a $10,000 expense was accomplished for approximately $1,500. This will reduce cell phone charges considerably.

A Sewer District #2 meeting is scheduled for Thursday, December 9 at 9:00 A.M. Supervisor Hallock will schedule an Organizational Meeting immediately afterwards.

A Public Hearing will be set for December 15, 2004 @ 7:45 P.M. to consider revisions to the Ethics Annual Statement of Disclosure for employees of the Town of Clarence. Steve Murtaugh will finalize the revisions and have it typed so that everyone has an opportunity to review.

A Public Hearing will be set for December 15, 2004 @ 7:50 P.M. to consider amendments to the Code of the Town of Clarence, Chapter 83, Dogs and Other Animals relative to dog licensing fees.

Supervisor Hallock has a resignation from the Bi-Centennial Committee and will distribute an application from Betty Smolka for appointment. Betty has been attending the meetings for months.

Supervisor Hallock has a resignation and an opening on the Ethics Committee to announce.


Councilman Ian McPherson

Councilman McPherson has a Resolution relative to the sewer bill issue which was approved by the Town of Amherst.

Councilman McPherson will make a motion authorizing NYSEG to activate streetlights in the Waterford Commons Subdivision – Phase I and Waterford Estates Subdivision – Phase I.

Councilman McPherson will move forward with the gas light district procedure for Shadyside.

Councilman McPherson has some positive issues on the Harris Hill truck traffic that he will be reviewing.

Councilman McPherson has three items to discuss in Executive Session.

Supervisor Hallock asked if Councilman McPherson has met with the Sidewalk Task Force, Councilman McPherson stated that they are trying to find a reason to schedule a meeting as there have been no changes.

Councilman Scott Bylewski

Councilman Bylewski has the Resolutions for the various Public Hearings scheduled for this evening.

The Municipal Review Committee has forwarded several recommendations.

Councilman Bylewski has received word from Freilich, Leitner & Carlisle that a draft of the Adequate Public Facilities Law will be available on Friday and a meeting with them will be scheduled for December 13, 2004 after 2:00 P.M.

Councilman Bylewski has spoken to Dave Bissonette regarding disaster services. Mr. Bissonette is hoping to conduct the reverse 911 test on Sunday, December 5 @ approximately 2:00 P.M. We may need to have someone man the phones at Town Hall for any phone calls from residents.

The vendor in which we contracted through to provide our Reverse 911 System has changed ownership. We are currently in the process of obtaining the proper contracts with the new administration. In an effort to provide the Town of Clarence residents with the best and most efficient system, we have set a goal to have Amherst Fire Control be the main dispatch for activation of the system. In order for Amherst Fire Control to provide us with this service, they will need to have written “access code authorization” from the Town Board.

Councilman Bylewski has spoken to County Legislator Mike Ranzenhofer regarding the Tonawanda Creek Road collapse. It appears that construction plans will be available this coming spring. Federal funds will be made available for the financing of the reconstruction.

Councilman Joseph Weiss

During the Community Watch meeting, Councilman Weiss received a complaint from a resident on Circle Court regarding their street lights that are in disrepair. Councilman McPherson will look into the problem; some of the street lights have already been replaced.

Acting Highway Superintendent Ted Donner is requesting a bid date be set for December 1, 2004 @ 10:00 AM for the purchase of 2 steel dump truck bodies, 2 stainless steel salters, 2 main plows and 2 wing plows.

Acting Highway Superintendent Ted Donner is recommending Gregory Giblin be promoted to Deputy Highway Superintendent effective November 20, 2004.

NFTA will host their final meeting regarding noise abatement at the airport on Thursday, November 18, 2004.

Councilman Weiss commended the Floss Insurance Agency for handling an insurance claim regarding a town truck that hit a parked car.

Councilman Bernard Kolber

Parks Crew Chief John Burns is recommending the promotion of Ray Somers to Auto Mechanic in the Parks Department at the budgeted rate of pay effective November 13, 2004.

Erie County Electronics Recycling Day is scheduled for December 11, 2004 from 9:00 A.M. until 2:00 P.M.

Councilman Kolber attending the Library Board meeting on December 16, 2004. With the County budget situation, the library is planning for closure on January 2, 2005. They are requesting the Town take care of paying for water to the building as well as the security alarm. There is no lease agreement or maintenance agreement, the Town owns the building.

Councilman Kolber question whether or not the Town Board was interested in pursuing the formation of a garbage district. Supervisor Hallock again asked Councilman Kolber if he spoke to the Town of Newstead to find out if forming a garbage district would be less expensive and a more effective alternative. Several Board members expressed their desire to go forward with this however; until more information is collected a decision can not be reached.

Councilman Kolber will set up a meeting with Town Clerk Nancy Metzger regarding park pavilion application fees.

Councilman Kolber has several concerns regarding the size of the Girls Softball diamonds at Memorial Park. Girls Softball will not be able to host any tournaments on these fields because they are too short. He feels that it would make more sense to flip the fields around. Councilman Kolber felt that we would be making a mistake by not addressing this now. The further this goes forward the more difficult it will be to change. Councilman McPherson stated that this project was done to get all the organizations what we could with what we had to work with and they all had input. The Town’s purpose was to give the Sport’s Coalition everything we could give them as fairly and as equitably as possible.

Councilman Kolber stated that girl’s softball assumed they were getting fields of adequate size that were tailored to fit the needs of the organization. The design specs that were presented were for adequate fields.

It was once again suggested that girl’s softball work this out with baseball to come up with a compromise.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105 (1)A of the Open Meetings Law to discuss: matters which will imperil the public safety if disclosed; § 105(1) C information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; § 105(1)D discussions regarding pending litigation (BDT); § 105(1)E collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law). Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the meeting adjourned at 7:00 P.M.

Darcy A. Snyder

Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:20 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 17, 2004 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Ian McPherson, followed by a prayer given by Youth Pastor David Cooke of the Clarence United Methodist Church.

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, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of the previous meeting held October 27, 2004 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held November 3, 2004. On the question, Councilman McPherson had the following amendments: pg. 367, last paragraph – “the Town would pay $637,131.76 before the end of the year.” The correct amount is $660,141.60. Page 368, first paragraph – “...and in that case the Town would get some sort of…”, to could. The next sentence should be removed. “ They won’t pay us but would give us a credit for future bills.” Pg. 367, second last paragraph – “…as commissioners of Sewer District #2 or the...”, should be at. Councilman Bylewski said on pg. 368, second full paragraph – “…new agreement is going to be or will there be a prevision in…”, should be provision. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the following transfers of funds: $350 from account A1110.0470 to account A1110.0423; $65 from account A1110.0470 to account A1110.0432; and $700 from account A1110.0470 to account A1110.0434. On the question, Supervisor Hallock said these are all line items in the Justice Court. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to set a Public Hearing for December 15, 2004 at 7:45 P.M. to consider revisions to the Annual Statement of Disclosure for employees of the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to set a Public Hearing for December 15, 2004 at 7:50 P.M. to consider an amendment to the Code of the Town of Clarence, Chapter 83 Dogs and Other Animals relative to dog licensing fees. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to accept, with regret, the resignation of William Rickard from the Ethics Committee. Mr. Rickard has been a valuable member of the committee since Feb. 28, 2004 and will be missed. His term expires 12/31/05. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said openings on the Ethics Committee are filled according to political party affiliations. This opening is available for anyone other than a registered Republican.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to accept, with regret, the resignation of Diane Baker from the Bicentennial Committee. Ms. Baker’s schedule does not allow her to attend the meetings, but she has agreed to help the committee on special projects as needed. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said that when they developed the budget for 2005, the Town Attorney asked that the position of Prosecutor be changed to that of Deputy Town Attorney. The Deputy Attorney would work for the Town Attorney, assisting with legal matters and prosecuting. The new position is scheduled to take effect January 1, 2005. The position would increase the number of hours available to the Town Attorney’s office to carry on the growing needs of the Town’s legal services without having to hire out. If anyone is interested in the position, applications may be picked up at the Supervisor’s office. We are looking for an attorney with municipal experience.

Supervisor Hallock said in addition to an opening on the Ethics Committee, there are openings on the Youth Center Board and the Traffic Safety Board. There may be additional openings at the end of the year as committees are organized for 2005. Anyone interested should call the Supervisor’s office for an application.

Supervisor Hallock announced that there will be a meeting regarding the Rails to Trails path along the Peanut Line on December 6, 2004 at 7:00 P.M. at the Town Hall.

Councilman McPherson thanked Alayne Donner for attending on behalf of the Clarence Chamber of Commerce.

Councilman McPherson said at the last meeting, the Town Board passed a resolution to clear up our sewer bills with the Town of Amherst. He attended the Amherst meeting on Monday where they accepted our resolution of acceptance.

Motion by Councilman McPherson, seconded by Supervisor Hallock that pursuant to the resolution adopted by the Clarence Town Board on November 3, 2004, and the resolution of acceptance by the Amherst Town Board on November 15, 2004 regarding the agreement between the Town of Amherst and the Town of Clarence for sewage services and following Town Attorney review, the Clarence Town Board authorizes the payment of $660,141.60 to the Town of Amherst by December 31, 2004. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Kolber to authorize NYSEG to activate nine (9) streetlights in the Waterford Commons Subdivision – Phase 1, per the street light layout approved on September 19, 2003, as per the NYSEG proposal and as per as-builts submitted. Standards, 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.

Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize NYSEG to activate seven (7) streetlights in the Waterford Estates Subdivision – Phase 1, per the street light layout approved on September 19, 2003, as per the NYSEG proposal and as per as-builts submitted. Standards, 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 said we have a request from the residents of Shadyside Drive to look into forming a gaslight district. He has obtained all of the necessary information to help the residents proceed with the process. He will meet with them soon to present the information.

Councilman McPherson said we have had issues on Harris Hill between Sheridan and Wehrle Drive regarding increased truck traffic. A lot of the residents are quite upset about it. He has been able to achieve a consensus on a number of fronts as follows: approach Buffalo Crushed Stone who is willing to participate in a program to request that the truckers coming out of Buffalo Crushed Stone avoid Harris Hill between Wehrle and Sheridan; spoke with the police agencies who are willing to increase their presence on Harris Hill between Wehrle and Sheridan for inspections and other safety issues; the Erie County Highway Department and Clarence Highway Department are collaborating to ensure that the marking and posting of the school district and the roadway between Greiner and Sheridan are posted properly; sending letters to trucking companies who do business in Town requesting that they avoid Harris Hill between Wehrle and Sheridan; we are investigating other alternatives to try to keep as much of the truck traffic off this area; and met with school district reps, local parents and PTO members who have gathered a significant number of petitions to this effect, which will be presented to law enforcement agencies to encourage their presence in that area.

Councilman McPherson reported that he attended the erection of the bridge over Ransom Road a couple days ago. It will be a great connector for the bike path. A lot of Town people, including Supervisor Hallock, Town Engineer Latona and others worked on it conjunction with the DOT and Cold Spring Construction. We got a $200,000 bridge for about $50,000 and a lot of that was funded. It was a great job by everyone who worked on it.

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 Bubble Boy Car Wash located at 6705 Transit Road. This Unlisted Action involves the development of a 4,600 sq. ft. car wash on 3.3 acres in the Major Arterial and Agricultural Zones. After thorough review of the submitted site plan and Environmental Assessment Form, including coordinated review with a recommendation from the New York State Dept. of Transportation, it is determined that the proposed action will not have a significant impact upon the environment. On the question, Councilman Bylewski said a variety of traffic concerns were raised at the MRC meeting. However, based on the opinions of the Traffic Safety Board and the NYSDOT, the MRC felt there would not be a significant impact on 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, a Negative Declaration is issued on the adoption of the proposed Local Law No. 8 of 2004, requiring that all land use actions/decisions be in compliance with the adopted Master Plan. After thorough review of the law and the prepared Environmental Assessment Form, it is determined that this Unlisted Action 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 status and commences a coordinated review of involved agencies on the proposed Walgreen’s Drug Store Development. This Unlisted Action involves the development of a 15,467 sq. ft. drug store with parking at 6785 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the next item involves NOCO, who his firm represents from time to time. He will bring the item forward.

Motion by Supervisor Hallock, 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 status and commences a coordinated review of involved agencies on the proposed building demolition at 8945 Main Street. Upon roll call – Ayes: Councilmembers McPherson, Weiss, Kolber and Supervisor Hallock; Noes: None. Recuse: Councilman Bylewski. Motion carried.

Councilman Bylewski referred to Asst. Director of Community Development James Hartz for an update on the action items while we are under the building moratorium.

James Hartz reported: Zoning Law Update – 3 rd week of receiving comments, phone calls and people stopping in the office since the public hearing was held. Planning and Zoning will compile the comments to be made part of the record and then prepare Draft 6 of the Zoning Law.

Subdivision Law – Draft 2 in process to be distributed to the Planning Board Dec. 1, 2004.

Adequate Public Facilities Ordinance – Will meet with consultant on Dec. 13 th at 2:00 p.m.

Councilman Bylewski said we are still in the 30-day comment period for the Zoning Law. We will then be prepared to set another public hearing at the next Town Board meeting on the updated draft. He thanked James Hartz for the update and his work regarding all the various laws and projects that are going on.

Councilman Bylewski said he received a request from our Disaster Coordinator David Bissonette and Deputy Disaster Coordinator, David Baumler in regard to our Reverse 911 System. We are looking at more effective ways to implement the system. They recommend authorization for Amherst Fire Control to be the main dispatch for activation of the system.

Motion by Councilman Bylewski, seconded by Councilman Weiss to authorize the Supervisor to send a letter on behalf of the Town, granting written access code authorization for Amherst Fire Control of our Reverse 911 System. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to appoint Gregory Giblin as Deputy Highway Superintendent effective November 20, 2004. On the question, Councilman Weiss said Mr. Giblin has the experience and the ability for this position and was recommended by Ted Donner. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of December 1, 2004 at 10:00 A.M. for the purchase of 2 – steel dump truck bodies; 2 – stainless steel salters; 2 – main plows; and 2 - wing plows for the Highway Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said the final meeting of the airport noise study will be held on Thursday, November 18, 2004 at 5:00 P.M. at the Cheektowaga Town Hall, 3301 Broadway. He contacted that group to try and get them to speak to our Board, but Clarence will not be impacted as much as Cheektowaga. They will address the flight plans and such. Anyone with concerns should attend the meeting.

Councilman Weiss commended the Floss Agency for their assistance. One of our trucks inadvertently hit a parked car. The insurance carrier was not going to honor the claim. He called Joe Floss and he contacted the insurance company who ended up paying the claim. He commended Joe for helping out one of our citizens.

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

Be It Resolved, that the Supervisor of the Town of Clarence is authorized to sign the Erie County Stop-DWI contract for 2004.

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

Motion by Councilman Kolber, seconded by Supervisor Hallock to appoint Charles Rockwell to the Library Board to fill an unexpired term through 12/31/05. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman McPherson to appoint Ray Somers to the position of Auto Mechanic in the Parks Department at the budgeted rate of pay effective November 20, 2004. On the question, Councilman Kolber said this is a promotion from Asst. Auto Mechanic. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber announced as a reminder, the Electronics Recycling Drop Off at Erie Community College North Campus to be held on Saturday, December 11, 2004 from 9:00 A.M. to 2:00 P.M. Acceptable items include: Hard Drives, Monitors, Keyboards, Mouse, Printers, Cell Phones, Fluorescent Bulbs and Ballasts.

Councilman Kolber said he attended a meeting of the Clarence Library Board last night. Due to the County budget situation, they have to make provisions for a complete closedown of our library to possibly be effective January 2 nd. Hopefully that will change, but that is their position at this time.

Town Clerk Nancy Metzger received a Notice of Highway Closure from the County of Erie for Salt Road between Howe Road and Clarence Center Road effective November 15, 2004 through completion. They indicated that it might be completed by November 19, 2004.

A Public Hearing was held to consider a Local Law imposing a surcharge pursuant to Vehicle and Traffic Law Section 1809-D. Councilman Bylewski explained that this proposed Local Law came about due to the State saying that surcharges and fines will go directly to the State and will no longer be shared with the towns. However, there was enabling legislation passed by the State Legislature that allows for convictions that are rendered in towns and other municipalities for violations committed between September 1, 2004 and September 1, 2005 which are subject to a mandatory surcharge that can be imposed pursuant to that section. We are proposing to charge an additional $10 surcharge per conviction as a way for the Town to recoup some of the monies.

Councilman McPherson said he wondered if it would be appropriate for us to include language that this surcharge would apply as long as that legislation is in effect. In the event it is overturned, we could go back to the way we used to have it without going through the process of another law.

Supervisor Hallock said she recently attended a meeting with some State Delegates and Senator Volker indicated that it would be reversed, but there is no guarantee.

Councilman Bylewski said we could move forward with this and we could always set another public hearing regarding a sunset in the eventuality that the surcharge changed.

Councilman McPherson suggested adding a sunset provision with the caveat provided it does not qualify as a significant change.

Councilman Bylewski said it does have an automatic sunset date, however, the State is contemplating taking away of the local municipalities sharing in the fines. We could propose a sunset provision in this local law. Supervisor Hallock said we could add it to Section 2. The following sentence will be added to Section 2. “In the eventuality of the repeal of the enabling legislation behind this Local Law, that this Local Law shall become null and void.”

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.

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

Resolved, that the Clarence Town Board, after a public hearing duly held on November 17, 2004 and after all being heard, hereby adopts local law No. 8 of the year 2004, Imposing A Surcharge Pursuant to Vehicle and Traffic Law Section 1809-D with the inclusion of the additional sentence to Section 2 as follows: “In the eventuality of the repeal of the enabling legislation behind this Local Law, that this Local Law shall become null and void.”

This Local Law shall take effect immediately upon filing in the Office of the New York State Secretary of State and subject to Town Attorney final review.

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

A Public Hearing was held to consider a Local Law, “Land Use Laws, Rules and Regulations Compliance with Adopted Comprehensive Plan”. Councilman Bylewski said all local laws must be in compliance with the Master Plan or Comprehensive Plan pursuant to New York State Town Law Section 272-a. To make this explicit, when it comes to local laws, the best way to protect the Town would be to enact a law that all land use decisions and approvals must be in accordance with the approved Master Plan. If a conflict exists between the approved Master Plan and any local law that may be in existence, then whoever is deciding or resolving the conflict, must hold in favor of the Master Plan.

James Hartz added that once the new zoning laws are in effect, it will give us more standing.

With no one speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

Resolved, that the Clarence Town Board, after a public hearing duly held on November 17, 2004, and after all being heard, hereby adopts Local Law No. 9 of the year 2004, “Land Use Laws, Rules and Regulations Compliance With The Adopted Comprehensive Plan.” This Local Law shall take effect upon filing in the Office of the New York State Secretary of State.

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

A Public Hearing was held to consider entering into a Franchise Agreement with Adelphia Cable. Councilman Bylewski said negotiations with Adelphia began three years ago. In conjunction with the Cable TV Committee, there was a representative from the Public Service Commission and Arthur Russ of the firm Philips Lytle who were involved in the negotiations. He thanked everyone on the Cable TV Committee who are present this evening.

Councilman Bylewski said the agreement being proposed is a 10-year non-exclusive franchise agreement with Parnassos, L. P., d/b/a Adelphia Cable Communications. Under the agreement, various school and municipal buildings will receive free cable drops for basic cable. Various school buildings will also receive free cable modem drops. The senior discount carries forward for residents 65 years or older to receive a 10% discount on basic cable services, as well as, initial installation. The franchise fee of 3% of the gross annual revenues derived from operation of the cable system will also continue. Under Federal Laws, the cable provider can pass on the 3% and Adelphia has been doing so on cable bills to date. This agreement would be effective June 2005 upon New York State Public Service Commission approval.

Jeanne Coleman, General Manager and Sharon Hansen, Government Affairs and Community Relations Manager from Adelphia were present. Ms. Coleman said Adelphia is still committed to their products and services. They have spent millions this year on improving products that their customers want. She thanked the Town for considering the franchise.

Councilman Bylewski said it is his understanding that if Adelphia is sold, the franchise agreement would apply to whoever would acquire the franchise. Ms. Coleman said the Town would have to approve the transfer before they took it over and they would be obligated to it.

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.

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

Resolved, that the Clarence Town Board hereby authorizes the Supervisor to enter into a Franchise Agreement with Parnassos, L.P. d/b/a Adelphia Cable Communications; and be it further

Resolved, that the Clarence Town Board does hereby authorize the Supervisor to execute said Agreement.

On the question, Councilman Bylewski said this is also subject to correction of typos in the agreement.

Councilman McPherson asked if there was a sale, would there be an audit of franchise fees paid to make sure it is all taken care of. Councilman Bylewski said we recently had an audit conducted by an outside provider and there were no discrepancies. Jean Coleman said you have a right to do that regardless, according to New York State Public Service Commission.

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

Kevin Aiken requests an amendment to existing Temporary Conditional Permit to add a storage building to the property at 6305 Transit Road. Kevin Aiken said he would like to put up a building to replace one that was taken down for the storage of farm equipment.

James Hartz said the property owner is operating under a Temporary Conditional Permit. You do not need Town Board approval for an agricultural out building in the Agricultural Zone. If he stores business equipment in the building, it would require an amendment to his Temporary Conditional Permit.

Kevin Aiken said he is storing farm equipment and anything else out there that is offending the neighbors. He has two vehicles for his business stored outside and they will remain outside. He has no intention of expanding his business.

Councilman Bylewski asked if he decided later to store business equipment in this building, would it be a violation of the Temporary Conditional Permit? James Hartz said it would be a violation of expanding a business into an out building. Councilman McPherson said he would then have to come back for the amendment. James Hartz said yes. If the building is used as an agricultural out building, he can withdraw the application for an amendment and continue to the Building Department for a building permit.

Councilman McPherson said, for the record, Mr. Aiken is representing to this Board that there is going to be no connection of his business to this building. Mr. Aiken said that is true.

Councilman Bylewski asked Building Inspector David Metzger, if the applicant came in for a building permit in the agricultural zoned property, would he require any other permits. David Metzger said based on standard storage, they would just issue the permit.

Councilman McPherson asked the size of the building. Kevin Aiken said it will be 30 ft. x 60 ft., which is smaller than the previous building.

James Hartz said the applicant could withdraw the application and apply to the Building Department tomorrow for a building permit.

Barbalatto Builders requests Concept Plan Approval for an Open Development Area north of County Road, west of Heise Road. Tony Barbalatto and Bob Regentine were present. Mr. Regentine said it is his understanding that because they have two road accesses, they can develop four individual lots. They have enough frontage on Heise Road to have two frontage lots and a total of 10 lots. They would like to start on Heise Road first with six lots.

Councilman Bylewski said because of the moratorium, going forward with both would be considered a major subdivision and the Town would not be able to act on it right now. They will have to look at the full buildout of the parcel as it goes through the environmental review process. Mr. Regentine said they are aware and that is why they are presenting it so the Board can see what is intended.

Councilman Bylewski asked if the application for the 6-unit open development complies with the Master Plan and Open Development Area law? James Hartz said yes it does.

Motion by Councilman Bylewski, seconded by Councilman McPherson to refer the request for Concept Plan Approval for an Open Development Area north of County Road, west of Heise Road, specifically the portion dealing with the 6-units off of Heise Road. On the question, Councilman Kolber said Mr. Regentine has done work for him in the past. He will recuse himself from the discussion until he receives an opinion from the Ethics Board. Upon roll call – Ayes: Councilmembers Weiss, Bylewski, McPherson and Supervisor Hallock; Noes: None. Recuse: Councilman Kolber. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Boy Scout Den #7 – Nov. 18 & Dec. 16, 2004; B. Clarence Rotary – June 3 & 4, 2005; C. Clarence Chamber of Commerce – Sept. 16 & 17, 2005; D. Clarence /Newstead Meals on Wheels – Sept. 30 & Oct. 1, 2005; Legion Hall Applications – A. Marian Olivieri – Dec. 11, 2004; and Park Pavilion Special Request – A. Clarence Rotary – June 3, 4 & 5, 2005. On the question, Councilman Bylewski said he is a member of Clubhouse item C, however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of November 18, 2004 are approved for payment: General Fund - $199,255.20; Highway Fund - $22,602.94; Water District - $23,307.50; Sewer Districts - $134.31; Capital Fund - $210,683.42; and Trust and Agency 203 - $29,182.50 for a total amount of $485,165.87. On the question, Councilman Bylewski said there were vouchers for M&T, who is a client of the firm where he is an associate, however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Richard Dahn, 6421 Conner Road said he attended the last meeting to speak about the rezoning of his property from Agricultural to Residential. He would like to know if he has to keep coming to these meetings to look out for his interest and to see if he can be grandfathered in. He feels as though he is in limbo.

James Hartz said his department is in the process of preparing a written response to him. The draft law states in the residential single-family zone that any pre-existing agricultural use would be allowed to continue in the future. Mr. Dahn said he is currently operating an agricultural use, so he does not think there is a conflict here for him. He should receive the letter by Friday.

Councilman Kolber said he would like to see if we could do something for people who want to maintain the agricultural zoning as long as they own the land. He thinks this is a way to encourage the semi-rural nature of the Town.

Councilman McPherson said he objects to this and believes that your land should be zoned the way it is until you choose to change it, which puts him at odds with some of the developers of these zoning laws. That is the way it has been in this Town and now it is subject to challenge by these new zoning laws. He does not blame him for being confused or apprehensive about the future.

Richard Dahn said at the last meeting, he was also educated on the vandalism that is taking place in some of the parks. It looks to him as though these kids are bored. We need to have some agricultural land to give them something else to do. Councilman McPherson said you should have control of your own land. Mr. Dahn said how does he get a guarantee to that.

James Hartz explained that under our current zoning law, in a single-family residential zone you could not have an agricultural use. They have actually written in the new law that you can have an agricultural use and encourage it on parcels that have the acreage. Property with 5 acres or more can have an agricultural use, even if it is zoned residential. Property less than 5 acres can continue if it is a pre-existing use.

Tim Pazda, Country Club Drive said after reading the minutes from a previous meeting and speaking to Rick Divita about his concerns on the girls softball fields in Memorial Park, he feels compelled to speak out on what is developing. He does not know how the boy’s baseball and girl’s softball facilities could not be designed and built equally. The boy’s have completely fenced in dugouts and the girls do not even have fences. He does not understand why we would install permanent outfield fences at 175 ft. when regulations call for 220 ft. This limits the ability for tournaments to be played on that field. Mr. Pazda urges the Town Board to put the project on hold and look at the situation to properly serve our needs and protect the fans and players.

There being no further business, Supervisor Hallock adjourned the meeting at 8:37 P.M. in memory of John C. Burns, who was a longtime member on the Conservation Advisory Council and the father of our Parks Supt. John Burns.

Nancy C. Metzger

Town Clerk