A Work Session of the Clarence Town Board was held on December 5, 2007 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 members Scott Bylewski, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith and Confidential Secretary to the Supervisor Karen Jurek.
Director of Community Development - James Callahan
Work Session items:
Pending future formal agenda items:
Supervisor Kathleen Hallock
The employee Christmas luncheon is scheduled for Tuesday, December 18th in the Town Hall foyer - contributions are being accepted.
Copies of the Capital Improvement Program for 2007 were distributed. The committee realizes that there are already projects that should be included - the CIP Committee will address this at their first 2008 meeting. Supervisor Hallock stated that this is an ever changing document and asked that attention be given to the different schedules and priority designations.
Supervisor Hallock spoke briefly about the Bicentennial ads and encouraged everyone to take one, applications were distributed.
A Ledge Lane resident submitted a letter regarding the proposed Staybridge Hotel.
Supervisor Hallock will make a motion for transfer of funds.
Elaine Wolfe is requesting storage space for 10,000 booklets for the Hollow Association in conjunction with the Chamber of Commerce. Supervisor Hallock suggested storage at the town owned property at 4650 Thompson Road however a hold harmless agreement, an indemnification agreement and proof of insurance would be required. Elaine Wolfe did not feel that would be a problem as most of the material would be distributed within three months. The Town Board would consider this request based upon receipt of the aforementioned agreements and proof of insurance.
The Northern Erie Sno-Seekers Snowmobile Club would like to request permission to use the bike path at Main Street and Salt Road to gain access to the Town Park for Winterfest in February 2008. They would be willing to mark the tail so that no sleds would damage the parking lot on Main Street or do anything that the Town requires pertaining to the bridge over Ransom Road.
Also, they are requesting the use of the bike path (West Shore Line) for the entire season. They will take full responsibility to mark the trail with barrels to keep the sleds off the blacktop as they do on the other bike paths they currently use.
Town Engineer Latona has concerns with plowing snow or anything that falls off the bridge onto Ransom Road. He would agree to one day for Winterfest but not for the entire season. If there is a substantial amount of snow, they will have to drive over it. No snow plowing will be allowed. Supervisor Hallock will inform John Gaulocher that the Board agreed to allow use of the bridge for Winterfest - Parks Security will unlock the gates at each end. Councilman Casilio stated that the Parks Department was going to install rubber mats on the bridge so the concrete would not be torn up. Town Engineer Latona stated that he and Parks Crew Chief John Burns could walk the path (West Shore Line) west to Wehrle to see if it is wide enough for the sleds to ride off the path.
Supervisor Hallock has two corrections to the minutes.
Last week Councilman Kolber announced the appointment of the new Town Assessor Christine Fusco. The Town Board also approved compensation for Albert Weber for his service as interim assessor.
A meeting is scheduled for December 12th @ 4PM to discuss the organizational meeting.
Supervisor Hallock has two items to discuss in Executive Session.
Councilman Scott Bylewski
Councilman Bylewski received the Central Fire Alarm Operations Report for November 2007.
The Board received a memo from the Historic Preservation Committee; their concern is that designation is done properly. Pat Brace is interested in having her house designated however; there is a requirement in the Historic Preservation Law indicating notice of a proposed designation shall be pursuant to the Town Board notification policy which would indicate 500' surrounding the property. Councilman Bylewski is proposing to set a public hearing that would occur at the next Historic Preservation meeting for them to consider a recommendation to the Town Board. The neighbors would receive notification of the public hearing.
Councilman Bylewski will make a motion recommending the appointment of Brad Packert to the position of Planner provisionally, effective January 7, 2008.
Councilman Bylewski copied the Board on the communication from the Department of State regarding the Adequate Public Facilities Law. He has been trying to get the school and the NYS DOT on board. Councilman Bylewski spoke with the NYS DOT and they were to get in touch with Town Engineer Latona to schedule a meeting to discuss level of service on state roads in the Town. The Town has been trying to get the school to sign off on a Memorandum of Understanding but they have reservations about doing so. An attorney from the Department of State has indicated that the school provides most of the required information through the SEQR process but Councilman Bylewski is of the opinion that this is not enough. He would like the Memorandum of Understanding because he would like the school to be a partner with the Town in the Adequate Public Facilities realm. Councilman Bylewski will report back to the Department of State that the consensus of the Town Board is that they would like a Memorandum of Understanding from the school.
Councilman Bylewski reported that a number of applications have been submitted for the upcoming vacancy on the Town Board.
Councilman Joseph Weiss
Councilman Weiss will set a bid date of December 20, 2007 for bids to be received for the South Bend stainless steel, commercial six burner stove/range with griddle with an approximate value of $400 declared as surplus equipment no longer needed for Town purposes.
Councilman Weiss announced that Michelle Mazzone has resigned her position as Economic Development Officer for the Industrial Development Agency. She has been appointed by newly elected County Executive Chris Collins.
Councilman Bernard Kolber
Councilman Kolber asked Town Engineer Latona about installing the surplus generator at the Library. Town Engineer Latona stated that in an emergency situation, the Library will not be open. A generator is not needed to keep the library open; the building needs heat to keep from freezing. The Parks Department is suggesting inverters that can be charged rather than a generator. This will keep the building heated in an emergency at a fraction of the cost of a generator.
Councilman Patrick Casilio
The Clarence Hollow Association is hosting their Christmas party at the Clubhouse on December 6th.
Councilman Casilio will make a motion authorizing the Supervisor to sign an agreement with NYSEG regarding a backup generator for the Senior Center.
Karen Jurek is suggesting changing our cell phone carrier to Verizon. The plan is approximately the same price as we are paying now, free Verizon to Verizon, we will not have two-way talk any more but you will have mobile to mobile which is basically the same. Verizon will replace the phones every ten months (State Contract). The repair shop is located at Wehrle Drive and Transit Road. Dave Metzger and Jerry Schuler tested them around town for a couple of days and were satisfied with the coverage. The cost is $69.99 and we will receive two free phones that will be used by the Planning Department and Disaster Coordinator. Text messaging and web use will be blocked.
Councilman Casilio is waiting to hear from Mr. Russo regarding an update on street lights for Clarence Center.
Councilman Casilio will make a motion to appoint Thomas Fulton as Security Officer part-time at the budgeted rate of pay. This position could be used primarily in the court office.
The Senior Center Board has submitted a letter regarding an appointment to the board.
The security radios have been tested and an agreement as been reached as to the frequency and a radio with FM Communications.
Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105(1) F of the Open Meetings law to discuss the employment history of an individual(s) and one attorney-client item. Upon roll call - Ayes: All; Noes: None. Motion carried.
There being no further business, the Work Session adjourned at 6:45 P.M.
Darcy A. Snyder
Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:00 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.
Councilman Casilio requested the Town Board go back into Executive Session to discuss an item he previously overlooked.
Motion by Councilman Casilio, seconded by Supervisor Hallock to enter into Executive Session pursuant to § 105(1) F to discuss the employment history of an individual. Upon roll call - Ayes: All; Noes: None. Motion carried
Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:05 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, December 5, 2007 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 Scott Bylewski, followed by a prayer read by Supervisor Hallock.
Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona and Building Inspector David Metzger.
Motion by Councilman Bylewski, seconded by Councilman Casilio to approve the minutes of the previous meeting held November 28, 2007. On the question, Councilman Casilio had a correction on page 430 - Mr. Bengart said there is no contract as yet. Supervisor Hallock had the following corrections on page 429 - the Public Hearing for a proposed group home is at 8161 Clarence Center Road. The term of Frank Cirillo as a member of the Assessment Review Board will expire 9/30/2012. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following transfer in the General Fund: $500 from A 1220.270 Expense and Travel to A 1220.416 Gas, Oil and Maintenance. Upon roll call - Ayes: All; Noes: None. Motion carried.
Supervisor Hallock announced that the Town of Clarence will celebrate the arrival of the Bicentennial year with fireworks on New Years Eve at Town Place Park at 6:00 P.M.
Supervisor Hallock said it is their practice to announce any motions that were made at special meetings. The following motions were made at the November 8th meeting:
Councilman Bylewski received the Central Fire Alarm November 2007 Operations Report. Town of Clarence fire companies responded to the following: 1 - Structure Fire; 1 Motor Vehicle Fire; 10 - Miscellaneous Fires; 1 - False Alarm; 97 EMS Calls; 17 - Motor Vehicle Accidents; and 44 - Miscellaneous Calls for a total of 171 alarms.
Councilman Bylewski said at the last Historic Preservation Commission meeting they discussed the designation of the Brace home at 10897 Main Street as an historic landmark. The designation procedure requires a public hearing to be held by the Historic Preservation Commission.
Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint Brad Packard to the position of Planner, provisionally, subject to a six month probationary period and Civil Service Exam, effective January 7, 2008 at an annual salary of $40,000. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to declare a South Bend, stainless steel, commercial six (6) burner stove/range with griddle having an approximate value of $400 as surplus equipment no longer needed for Town purposes and offer said surplus equipment for sale. On the question, Councilman Weiss said this was removed from the Senior Center and has been in storage. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Bylewski to set a date of December 20, 2007 for bids to be received in the office of the Town Clerk by 10:00 A.M. for the South Bend, stainless steel, commercial six burner stove/range with griddle having an approximate value of $400 declared as surplus equipment no longer needed for Town purposes. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Councilman Weiss, seconded by Councilman Kolber to authorize the Supervisor to sign a letter to the Town of Amherst Supervisor along with the Mayor of Williamsville and the Chairman of the ECSD No. 5 regarding Wastewater Service Costs. On the question, Town Engineer Joseph Latona said this letter is the result of a collaborative effort between Erie County Sewer District No. 5, the Town of Clarence and the Village of Williamsville in response to Supervisor Mohan's proposal for wastewater treatment costs. This is a unified opinion objecting to the proposed formula and a request to pursue one service provider and define the 20% savings that would result. Councilman Kolber said it also corrects any inaccuracies that were present in Mr. Mohan's letter. Upon roll call - Ayes: All; Noes: None. Motion carried.
Councilman Weiss announced that the Conservation Council meeting that is usually held on the first Thursday of the month will be held the following week. One of the plans for the coming year is to get Ransom Creek flowing better again. They will work with the Town of Newstead.
Motion by Councilman Casilio, seconded by Councilman Kolber to appoint Thomas James Fulton as Security Officer Part-Time at the budgeted rate of pay effective as of December 15, 2007 subject to the receipt of all the required documentation. On the question, Supervisor Hallock added that Mr. Fulton fulfills the requirements and has an extensive law enforcement background. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Councilman Casilio, seconded by Councilman Kolber to recommend that the Town change the cell phone carrier from Sprint/Nextel to Verizon with the option to purchase up to 24 phones for approximately $1,328.81 and to authorize the Supervisor, Kathleen E. Hallock to sign the Agreement. Said agreement is on a month to month basis and the Town can opt out at any time. Upon roll call - Ayes: All; Noes: None. Motion carried.
Motion by Councilman Casilio, seconded by Councilman Bylewski to authorize the Supervisor, Kathleen E. Hallock, to sign an On-Site Generation Facility Agreement for Proposed Operation of - Town of Clarence Senior Center. Upon roll call - Ayes: All; Noes: None. Motion carried.
Councilman Casilio said we will still have two openings in the Security Department. Applications are available on the website.
Councilman Casilio announced that the Clarence Hollow Association is hosting their holiday party tomorrow night at the Clubhouse from 5 to 8:30 P.M.
Town Clerk Nancy Metzger received the minutes of the Erie County Water Authority meeting held November 30, 2007 amending the tariff. Water rates per 1,000 gallons increased from $2.81 to $2.86. There were also other rate increases including meter charges.
Essex Homes requests a Final Determination of Density on the proposed Open Space Design Development north of 6440 Goodrich Road known as Shadow Woods. James Callahan said the location is the west side of Goodrich Road, north of Pine Breeze consisting of approximately 69 acres zoned Residential Single Family.
Motion by Councilman Bylewski, seconded by Councilman Bylewski to adopt the following resolution:
1. A maximum of 54 lots in Phase l.
2. A maximum of 10 lots in Phase 2. These 10 lots would be subject to application, review and approval as to all issues, excluding this density determination.
3. The Open Space Design submitted be considered for adjustment in order to reduce or eliminate encroachment into the New York State wetland buffer area relative to lots numbered 13 through 16.
4. The proposed Conservation Easement be extended to lots 9 through 18 with property deed restrictions, subject to Town Attorney review and approval.
5. A Homeowner's Agreement expressly identifying what can and cannot be done in the Conservation Easement Area, subject to Town Attorney review and approval.
6. Subsequent prints will preserve the treed areas noted on the submitted preliminary concept plans.
7. Review and approval of the Homeowners Agreement and Conservation Easement by the Town Attorney.
On the question, Supervisor Hallock asked if they are aware and in agreement with the conditions.
Benderson Development requests Development Plan and Architectural Approval for a new commercial building at 5965 Transit Road. James Callahan said the location is the east side of Transit Road, south of Clarence Center Road consisting of 3+ acres in the Major Arterial Zone. A Negative Declaration was issued on the project. Concept approval was granted and the Planning Board forwarded a recommendation for approval.
1. Tree preservation as noted on the Final Landscape Plan dated November 14, 2007 and all areas not to be disturbed will be marked and taped prior to grading.
2. No disturbance in buffer areas and no connections to Roseville Lane.
3. Dumpster to be located at southeast corner of parking area as noted on Development Plans.
4. Lighting to be “dark sky" per submitted drawings and all parking area lighting to be turned off after close of business hours, but no later than 11:00 o'clock p.m.
5. Subject to conditions of Town Engineer.
6. Subject to approval of the Landscape Committee.
7. Subject to Commercial Open Space Fees.
On the question, Councilman Bylewski asked about possible tenants. Mr. Davidzik said he did not have any details on tenants at this time. There was discussion regarding the parking lot lighting. They have no problem coming back once they know who the tenant is.
Roger Czarnecki requests Subdivision Approval to create an additional building lot on Willow Lake Drive. James Callahan said the property is located at the end of Willow Lake Drive consisting of 5+ acres. The owner previously received approvals for four lot splits.
Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
West-Herr Automotive Group requests a Public Hearing to consider a Temporary Conditional Permit for automotive storage at 4545 Transit Road, Eastern Hills Mall. James Callahan said the location is at the rear of Eastern Hills Mall. They were granted temporary permission to store the vehicles. Two subsequent public hearings were held resulting in tabling of any decision. The applicant is seeking continued storage through 2008.
Pony's Restaurant requests a Change-In-Use to a bar and grill; and a Building Permit for a small addition at 9980 Main Street. James Callahan said the location is the north side of Main Street, east of Kraus Road consisting of an existing restaurant on .8 acre in the Commercial Zone.
Gallagher Printing requests a Building Permit and Architectural Approval for an addition to existing printing shop at 9185 Main Street. James Callahan said the location is the south side of Main Street, west of Thompson Road consisting of an existing print shop on approximately 3.6 acres in the Commercial Zone.
Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications - A. Harris Hill Mothers Club - Dec. 15, 2007; Legion Hall Applications - A. Leon Weitz - Jan. 6, 2008; and B. Gail Andrews - Nov. 29, 2008. Upon roll call - Ayes: All; Noes: None. Motion carried.
There being no further business, Supervisor Hallock adjourned the meeting at 8:15 P.M. in memory of Ruth Harrison. Ruth was a full time employee for 25 years and worked part time after retiring. Ruth was the first Court Clerk in the Town of Clarence and one of the founders and past president of the Court Clerks Association in the 8th Judicial District.
Nancy C. Metzger