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TRANSCRIPT
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A Work Session of the Town Board of the Town of Clarence was held on Wednesday, January 22, 2020 at Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Casilio called the meeting to order at 4:00 PM. Members of the Town Board
present were J. Paul Shear, Christopher Greene, Robert Geiger and Peter DiCostanzo.
Other Town Officials present were Assistant to the Supervisor Karen Jurek, Director of
Community Development James Callahan, Assistant Director of Community
Development Jonathan Bleuer, Town Attorney Lawrence Meckler, Senior Building
Inspector David Metzger, Town Engineer Tim Lavocat and Highway Superintendent
James Dussing.
Director of Community Development James Callahan
Public Hearings:
Stephen Development - Rock Oak Manufactured Housing Park
Applicant is seeking final approval of a park expansion which will require a Special
Exception Use Permit. The existing vacant land is located on the south side of Main
Street, west of Shisler Road immediately adjacent to the existing manufactured housing
park within the Commercial Zone. Per the Manufactured Housing Park Local Law, the
Town Board has final approval authority for park development and expansion. The
Planning Board has forwarded a recommendation with conditions on this project.
Buffalo Car Care 8200 Main Street
Applicant is proposing to locate an automotive detail shop in the existing plaza located on
the north side of Main Street, east of Bryant & Stratton Way within the Main-Transit Plaza
in the Commercial Zone. Per the Zoning Law, automotive uses will require a Temporary
Conditional Permit as issued by the Town Board. The Planning Board has forwarded a
recommendation on the use with conditions. Temporary Conditional Permits may be
approved for (1) year on initial action.
Formal Agenda:
Jeffrey Palumbo – Cannonwoods Subdivision
Applicant is proposing to develop a forty-lot Open Space Design Development on existing
vacant land located on the north side of Roll Road, west of Martha’s Vineyard in the
Residential Single Family Zone and within Clarence Sewer District #2. Per the Zoning
Law, the Town Board has final approval authority for Open Space Design Subdivisions.
The Planning Board has forwarded a recommendation on the 40-lot design. The
applicant has amended the concept to meet the 200’ setback requirement from the
Martha’s Vineyard right-of-way. A public hearing will be required to consider the request.
Town of Clarence Tree Management Plan
The Town has completed a Draft Tree Inventory and Management Plan in conjunction
with consultant Davey Resource Group. The proposal is to adopt this plan as a
component of Clarence 2030. A public hearing will be required to consider the formal
adoption.
Charles Kelkenberg – south side of Martin Road, west of Goodrich Road
Applicant is seeking a permit to construct a single family home with a secondary living
unit. The existing vacant building lot is located at 9295 Martin Road in the Agriculture
Rural Residential Zone. Per the Zoning Law, the Town Board may allow secondary living
units via a Special Exception Use Permit. The applicant is aware of the deed restriction
requirements to protect the single family home character of the area. The applicant,
working with the Planning Board Executive Committee, has presented an amended
architectural style to soften the appearance of a duplex style home.
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Paul Bliss – Town of Clarence Baseball Association – Memorial Park
Applicant is proposing to construct a new pavilion for TCBA on the north side of east/west
Memorial Park Drive at existing baseball fields on the north side of Memorial Park. The
Town Board has authority to approve facilities within town owned parks. Utility extensions
are being developed to service the area. Town Engineer Lavocat asked the Town Board
to put on record any conditions they want to see before the building permit is issued.
Town of Clarence Highway Department 6185-6221 Goodrich Road
Funding and development of a new highway facility (transfer of existing operations)
including demolition of existing structures, construction of new facilities, including a small
park, development of parking and landscaping and enhancing existing community
facilities. The existing Highway Department facilities are located on the east side of
Goodrich Road, north of the Peanut Line Trail in the Residential, Commercial and
Community Facility Zones and within Clarence Sewer District #2. The Town Board will
be Lead Agency on this project. This will be a Type I Action under SEQRA requiring a
detailed review of potential impacts.
Work Session items for consideration February 12, 2020:
Zoning Code revisions
Set a Public Hearing to consider proposed code updates as forwarded from the Planning
Board:
Generators as exempt for Accessory Structure setbacks
Removal of Single Family and Two Family allowed uses in the Restricted Business
Zone
Removal of Two Family as permitted use in the Commercial Zone
Recreational Vehicle Definition
Sign Law – Prohibit Cabinet Signs and variance process
Supervisor Patrick Casilio
Motions:
Appoint Code Enforcement Officer in the Building Department
Transfer Funds in the 2019 Engineering Department Budget
Encumber Funds in the 2019 Engineering Department Budget
Transfer Funds in the 2019 Building Department Budget
Encumber Funds in the 2019 Building Department Budget
Set Bid Date for Greiner Road, Salt Road, Schurr Road Sanitary Sewer Project
Transfer Funds in the 2019 General Fund Budget (Law)
Transfer Funds in the 2019 Highway Fund Budget
Encumber Funds in the 2019 Highway Department Budget
Transfer Funds in the 2019 Security Department Budget
The Board of Elections thanked the Town Board for use of the Town Hall for early voting
in 2019. They are now asking to use the Town Hall April 18 – April 26, 2020 for early
voting for the Presidential Primary and again on June 13th – June 21, 2020 for the Primary
and then for the General Election October 24– November 1, 2020.
Construction began today on the new pavilion at Town Place Park on Goodrich Road.
Supervisor Casilio is looking into eliminating the building at Beeman Creek Park. Town
Engineer Lavocat is working on an asbestos abatement survey.
Supervisor Casilio will give the State of the Town Address tomorrow at Samuel’s Grande
Manor.
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Supervisor Casilio has several items to discuss in Executive Session.
Councilman Peter DiCostanzo
Motions:
Transfer Funds in the 2019 Finance Department Budget
Transfer Funds in the 2019 Recreation Budget
Transfer Funds in the 2019 General Fund Budget
Encumber Funds in the 2019 General Fund Budget
Authorize the Supervisor to sign ESI – Employee Assistance Program Contract
Councilman DiCostanzo announced that the Ethics Disclosure Statements have been
distributed.
The last Ethics Training was June 2014. Ethics Board Chairman Gerald Drinkard has
been working on scheduling another training.
The Clarence Lions Club pancake breakfast is scheduled for February 2, 2020 at the
Clubhouse.
Councilman Robert Geiger
Motions:
Transfer Funds in the 2019 Justice Department Budget
Appoint an agent to the Deer Abatement Management Assistance Program 2020
Councilman Geiger thanked Supervisor Casilio for installing the Officers at the Senior
Center.
The Historical Association thanked Highway Superintendent James Dussing for the final
sale of the Conestoga wagon, the proceeds will go to the Historical Association.
Councilman Geiger toured the Humbert House, the renovations are coming along nicely.
Councilman Christopher Greene
Motions:
Authorize Supervisor to sign agreement for refuse pick-up services at the Youth
Bureau
Declare Computer Equipment as surplus
Approve Dawn Kinney, Executive Director of the Youth Bureau request to attend
the 2020 Youth Leadership Forum in Albany, NY on February 3rd and 4th, 2020
Winterfest 2020 is scheduled for this weekend.
Councilman J. Paul Shear
Motions:
Approve Councilman DiCostanzo request to attend the 2020 Association of Towns
Annual Meeting and Training School and appoint Delegate for the Town
Interviews for the Zoning Board of Appeals will be conducted February 5, 2020 provided
the applicants are available.
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Motion by Supervisor Casilio, seconded by Councilman DiCostanzo to enter in Executive
Session pursuant to §105(1) F of the Open Meetings Law to discuss the Employment
History of a particular individual and §105(1) H the proposed acquisition of real property.
Upon roll call – Ayes: All; Noes: None. Motion carried.
There being no further business, the Work Session adjourned at 4:35 PM.
Darcy A. Snyder
Deputy Town Clerk
Motion by Supervisor Casilio, seconded by Councilman Geiger to adjourn the Executive
Session at 5:25 PM. Upon roll call – Ayes: All; Noes: None. Motion carried. No action
taken.
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Regular meeting of the Town Board of the Town of Clarence was held on Wednesday,
January 22, 2020 at the Clarence Town Hall, One Town Place, Clarence, New York.
Supervisor Patrick Casilio called the meeting to order at 5:32 p.m. Pledge to the flag was
led by Councilman J. Paul Shear followed by a prayer given by Councilman Robert Geiger.
Members of the Town Board present were Councilmembers J. Paul Shear, Christopher
Greene, Robert Geiger, Peter DiCostanzo and Supervisor Casilio. Other Town officials present
were Director of Community Development James Callahan, Town Attorney Lawrence Meckler
and Town Engineer Timothy Lavocat.
Motion by Councilman DiCostanzo, seconded by Councilman Greene to accept the
minutes of the Organizational Meeting held January 8, 2020. Upon roll call – Ayes: All; Noes:
None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman DiCostanzo that upon the
recommendation of Town Engineer Timothy Lavocat, Joseph Saletta is appointed to the position
of Code Enforcement Officer in the Building Department effective January 23, 2019 at Step 1 of
the White Collar Contract.
On the question, Supervisor Casilio said Joseph Saletta scored in the top three on the civil
service list for this position.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman Geiger to approve the transfer
funds in the 2019 Engineering Department Budget as follows:
$13,388.38 from Personal Services (A1440.100) to account Professional Services
(A1440.434.)
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman Shear to encumber funds in the
2019 Engineering Department Budget as follows:
$38,880 from Professional Services (A1440.434) towards Architecture Unlimited Contract
dated April 2, 2019 for Community Center Program Phase Services.
$14,900 from Professional Services (A1440.434) towards Donald Gallo Consulting
Engineer Contract dated November 4, 2019 for Memorial Park Utilities Project Services.
$5,000 from Professional Services (A1440.434) towards Greenman Pedersen, Inc.
Contract dated December 23, 2019 for Wehrle Drive Pedestrian Path Preliminary Survey Services.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman Greene to approve the transfer
funds in the 2019 Building Department Budget as follows:
$1,218.16 from Personal Services (A3620.100) to Books and Supplements (A3620.4230.)
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman Greene to encumber funds in the
2019 Building Department budget as follows:
$4,919.00 from Books and Supplements (A3620.4230) towards New York State Required
Updated Code Books per quote dated December 11, 2019.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman Shear to set a bid date of Tuesday,
March 3, 2020 at 10:00 a.m. in the office of the Town Clerk for the Greiner Road, Salt Road and
Schurr Road Sanitary Sewer Project.
On the question, Supervisor Casilio said the bid documents will be available in the office
of the Town Clerk on Tuesday, January 28, 2020.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman Geiger to approve the following
transfer of funds in the 2019 General Fund Budget:
$13,870.98 from Contingent (001.1990.4023.0000) to Legal and Professional Fees
(001.1420.4711.0000).
Upon roll call – Ayes: All; Noes: None. Motion carried.
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Motion by Supervisor Casilio, seconded by Councilman Greene to approve the following
transfer of funds in the 2019 Highway Fund Budget:
$69,645.00 from Personal Services-Snow Removal (002.5142.0100.0000) to Personal
Services- General Repairs (002.5110.0100.0000.)
$ 468.93 from Miscellaneous (002.5140.4790.2005) to Personal Services- General Repairs
account (002.5142.0100.0000.)
$5,000.00 Personal Services (002.5120.0100) to Unclassified Bridge Supports
(002.5120.4792.)
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman Shear to encumber funds from the
2019 Highway Budget as follows:
$ 9,200.00 from Resurfacing Material (002.5110.4130) for installation of 400 linear feet of
36” DOT gutters on the Old Goodrich Hill to be completed in spring of 2020 per PO 62370 -
Millennium Construction.
$54,128.00 from Equipment (002.5130.0278) for purchase of 2020 International Truck
Model CV515 SFG per Onondaga Bid No. 7994; PO No. 62697.
$15,937.19 from Unclassified Bridge Supports (002.5110.4792) for Meadowbrook Road
culvert design services per PO No. 62896 – Clark Patterson Lee.
$10,526.00 from Resurfacing Material (002.5110.4130) for road materials for Sesh Road
reconstruction per PO No. 63741 – Chemung Supply Corp.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman DiCostanzo to approve the
following transfer of funds in the 2019 Security Department Budget:
$596.70 from Vehicle Maintenance/Gas, Oil (001.3120.4170.0000) to Uniforms
(001.3120.0272.0102.)
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman Shear to post two openings for
Security Officer PT for the Court. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman Shear to approve the following
purchases for the Highway Department:
1. Upon the recommendation of the Highway Superintendent, to approve the purchase of
a 2020 Coneqtec 24: Mill Model AP-600HD and #51740 John Deer Wiring Harness at
a cost of $17,877.56 from Monroe Tractor.
2. Upon the recommendation of the Highway Superintendent, to approve the purchase of
an AIRFLO11F3-$Y Dump Body at a cost of $11,566.00 from Unicell Truck
Equipment.
3. Upon the recommendation of the Highway Superintendent, to approve the
Purchase of a 2020 John Deere 333G Compact Track Loader at a cost of $78.000.00
from NYS OGS Group 40625, Award 22792, Contract PC67075.
On the question, Supervisor Casilio said quotes were received from 3 Vendors for items
#1 & #2. Item # 3 will be a combination of funds from Highway Department Capital Fund and
the 2020 Highway Equipment Fund.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman Geiger to transfer $20,560.00
from the 2019 Budget - 1.1990.4023 Contingency to 1.1620.4500 Repair & Maintenance of
Buildings and Grounds. Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Supervisor Casilio, seconded by Councilman DiCostanzo to Encumber Funds
in the 2019 General Fund Shared Services Building Budget:
$20,560.00 from Repair & Maintenance of Buildings & Grounds 1.1620.4500. (For the
repairs of the Town Hall Copper Roof-PO #63839).
Upon roll call – Ayes: All; Noes: None. Motion carried.
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Supervisor Casilio welcomed Carol Conwall from our Historic Preservation Commission
who is present.
Councilman DiCostanzo said our departments do a good job on budgeting, but at the end
of the year some accounts may be over so we transfer from another account that still has funds.
The encumbrances are for items or services ordered in 2019 that were not completed by the end of
the year.
Motion by Councilman DiCostanzo, seconded by Councilman Greene to approve the
following transfer of funds in the 2019 Finance Department Budget:
$90.00 from Training & Education (001.1310.4710.0000) to account Consulting Services
(001.1320.4440.0000).
$11,076.00 from Personal Services (001.1310.0102.0000) to Software & Maintenance
(001.1680.4572.0000).
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman DiCostanzo, seconded by Councilman Shear to approve the
following transfer of funds in the 2019 Recreation Department Budget as follows:
$11,353.00 from Personal Services Part-Time Employees (001.7180.0100) to Capital
Improvements (001.7180.0265).
$376.00 from Special Programs 001.7140.4350.1004) to Uniform and Suits
(001.7180.0403).
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman DiCostanzo, seconded by Councilman Geiger to approve the
following transfer of funds in the 2019 General Fund Budget:
$200.00 from Insurance Appraisal (001.1956.4019.0000) to Physicals and Testing
(001.1954.4018.0000).
$8,547.33 from Benefits/Health Insurance (001.9060.0800.0000) to account
Benefits/Unemployment Insurance (001.9050.0800.0000).
$1,400.00 from Benefits/Health Insurance (001.9060.0800.0000) to account Benefits/
Disability (001.9055.0800.0000).
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman DiCostanzo, seconded by Councilman Greene to encumber funds
in the 2019 General Fund Budget as follows:
$45,786.00 from the Computer Software account (001-1680.04572) to the 2020 Budget
Computer Software account (001-1680.04572) as per PO 61279 Accela Inc. (Springbrook -
Financial Software Package, install and training).
$14,330.00 from Light, Heat & Power account (001-1620.04380) to the 2020 budget
Maintenance & Repair of Buildings & Ground (001.1620.4500) per PO 63811 (for electrical
improvements/additions for Town Hall).
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman DiCostanzo, seconded by Councilman Greene to authorize
Supervisor Patrick Casilio to sign the ESI Employee Assistance Program Renewal Agreement for
the period of February 1, 2020 through January 31, 2021, subject to review and approval by the
Town Attorney. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman DiCostanzo said in June of 2014, the Town brought in an expert on ethics to
do sessions for employees and committee members. We are going to be doing that again this year.
The Ethics Disclosure Forms are out and should be filled out and returned to the Town
Clerk.
Councilman DiCostanzo announced that the Lions Club Pancake Breakfast will be held on
February 2nd at the Town Park Clubhouse.
Motion by Councilman Geiger, seconded by Councilman Shear to approve the following
transfer of funds in the 2019 Justice Department Budget:
$4,614.34 from Personal Services (001.1110.0102.0000) to Maintenance of
Buildings/Grounds (001.1110.4500.0000).
$2,043.00 from Personal Services (001.1110.0102.0000) to Stationary Plant & Equipment
Maintenance (001.1110.0102.0000).
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$165.60 from Personal Services (001.1110.0102.0000) to Uniforms
(001.1110.0272.0000).
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Geiger, seconded by Councilman Shear that upon the
recommendation of the Deer Abatement Management Assistance Program Coordinator, Adam D.
Martin is appointed as an Agent for the taking of Deer effective as of January 22, 2020 through
March 31, 2020.
On the question, Councilman Geiger said, as required, Mr. Martin is licensed under the
Environmental Conservation Law from January 2, 2020 through September 30, 2020 and a copy
is available in the Town Attorney’s Office.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Geiger thanked the Supervisor for installing the officers at the Senior Center
last week.
He had a tour of the Humbert House that is being renovated in the Hollow. They found
old windows from the building that are being reinstalled. It will be a nice addition to the Hollow.
The old blue Conestoga wagon that was started on fire at the museum is being sold. It was
too costly for the Historical Society to restore.
The Clarence Chamber is hosting the Supervisor tomorrow to give the “State of the Town”
at Samuel’s Grande Manor.
Motion by Councilman Greene, seconded by Councilman DiCostanzo to authorize the
Supervisor to sign the one-year agreement with Republic Services for refuse pick-up at the Youth
Bureau located at 10510 Main Street effective January 1, 2020 through December 31, 2020, subject
to review and approval by the Town Attorney’s office.
On the question, Supervisor Casilio asked if we should move forward with this. We had
considered doing it internally.
Town Attorney Lawrence Meckler recommended that we go forward and we will review
it again next year.
Councilman Greene said Republic Services had the most reasonable fees for waste services
and this is a budgeted item.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Greene, seconded by Councilman DiCostanzo to declare the
attached list of Computer Equipment as surplus office equipment no longer needed for Town
purposes to be disposed of or sold accordingly as set forth by any state or local laws and/or rules
and regulations.
On the question, Councilman Greene said this equipment is obsolete, cannot be repaired or
is too costly to repair.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Motion by Councilman Greene, seconded by Councilman Shear to approve the request of
Dawn Kinney, Executive Director of the Clarence Youth Bureau, to attend the Youth Leadership
Forum sponsored by the Association of NYS Youth Bureaus, NYS Partnership for Children, Youth
and Families, and NYS Office of Children and Family Services to be held in Albany, NY on
February 3 and 4, 2020 along with Anna Linde, Program Leader-Youth, Clarence Youth Bureau
and 5 Clarence High School Students and 1 Williamsville East Student.
On the question, Councilman Greene said the cost for the seminar has been budgeted for
in the Youth Bureau 2020 departmental budget and there is a grant that covers the registration for
the students and 3 hotel rooms and one room for an adult chaperone. The forum is an interactive
leadership and educational seminar being offered to youth and Youth Bureau personnel from
across New York State. The students attending will have the opportunity to meet with our State
Legislators, Senator Ranzenhofer and Assemblyman Norris, to advocate for youth and youth
bureaus and to share to their experiences as members of the Clarence Youth Bureau Volunteer
Program and the Clarence Youth Board.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman Greene announced that Winterfest is being held on Sunday from 11:00 am to
4:00 pm. There are several activities planned inside and outside.
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Motion by Councilman Shear, seconded by Councilman Geiger to approve Peter
DiCostanzo, Councilman, to attend the Association of Towns Annual Meeting and Training
School 2020 from February 17 through February 19, 2020 in New York City with all reasonable
and necessary expenses paid for by the Town and to appoint Councilman DiCostanzo as the
Delegate for the Town of Clarence for the Association of Towns Annual Meeting-2020.
On the question, Councilman Shear said Councilman DiCostanzo will be using his personal
vehicle for the trip.
Councilman DiCostanzo said he is not expensing for the travel portion of the trip.
Upon roll call – Ayes: All; Noes: None. Motion carried.
Town Clerk Nancy Metzger announced that the 2020 Town & County tax bills were sent
out and are due February 18th. If you did not receive a bill, please call her office or they are
available on our website.
In regard to Public Participation, no one spoke.
A Public Hearing was held to consider the request of Stephen Development/Rock Oak
Manufactured Housing Park for a Special Exception Use Permit to allow for an expansion at
10065 Main Street. James Callahan said the location is the south side of Main Street, west of
Shisler Road. The Local Law for Manufactured Housing Parks requires a Special Exception Use
Permit for an expansion and approval by the Town Board. The Planning Board has approved the
Concept Plan and issued a Negative Declaration. The developer can move forward with
Development Plans following this approval.
Noel Dill said they have been going through the process for some time including a lengthy
environmental review. There were a few changes made to include a second gated access for fire
protection. This will significantly increase the fire protection for the original Phase I. They are
ready to move forward.
Councilman DiCostanzo asked if it is 27 or 28 lots.
Noel Dill said it is 27 lots.
With no one else speaking to the subject, motion was made by Supervisor Casilio, seconded
by Councilman DiCostanzo to close the Public Hearing. Upon roll call – Ayes: All; Noes: None.
Motion carried.
Motion by Councilman Shear, seconded by Councilman Geiger to adopt the following
resolution:
RESOLVED, that after a public hearing duly held on January 22, 2020, and after all
interested parties having been heard, the Clarence Town Board approves the request of the
applicant, Stephen Development/Rock Oak Manufactured Housing Park, for a Special Exception
Use Permit to allow for an expansion to the existing Manufactured Housing Park at 10065 Main
Street subject to the following conditions:
1. As per the approved Concept Plan as approved by the Planning Board on November
13, 2019.
2. Subject to Landscape Committee approval of a Landscape Plan prior to Development
Plan approval.
3. Subject to Erie County Health Department and NYS Department of Environmental
Conservation (DEC) approval on any future on-site sanitary facilities.
4. Subject to Town Building and Engineering Department approval on any construction
on the property.
5. Subject to Open Space and Recreation Fees.
6. Subject to construction and maintenance of a pedestrian trail access to the Westshore
Trail.
7. Consistent with the local Manufactured Housing Park Code, the park must be
maintained to an acceptable standard.
8. Installation of temporary fencing along the east side boundary of the required 50’
buffer to prevent disturbance of the area during construction.
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On the question, Councilman Shear asked if the applicant accepts the conditions. Noel Dill
said yes they do accept the conditions.
Upon roll call – Ayes: All; Noes: None. Motion carried.
A Public Hearing was held to consider the request of Buffalo Car Care for a Temporary
Conditional Permit to allow for an automotive detail shop in the existing Main Transit Plaza at
8200 Main Street. James Callahan said the Planning Board made a recommendation with several
conditions. The Town Board has approval authority in the Commercial Zone following this public
hearing.
Supervisor Casilio reminded everyone that some of the applicants have been before this
Board or the Planning Board multiple times before reaching the final approvals.
John Schmidt said they are here to seek final approval to relocate their detail shop to the
Main Transit Plaza.
With no one else speaking to the subject, motion was made by Councilman DiCostanzo,
seconded by Councilman Geiger to close the public hearing. Upon roll call – Ayes: All; Noes:
None. Motion carried.
Motion by Councilman Greene, seconded by Councilman Shear to adopt the following
resolution:
RESOLVED, that after a public hearing duly held on January 22, 2020, and after all
interested parties having been heard, the Clarence Town Board approves the request of the
applicant, Buffalo Car Care, for a Temporary Conditional Permit to allow for an Automotive Detail
Shop in the existing Main Transit Plaza subject to the following conditions:
1. As per the submitted written conditions from Buffalo Car Care received in the Planning
and Zoning Office on September 10, 2019 and the submitted site plan received on
November 12, 2019.
2. No unlicensed vehicles allowed in the front (Main Street) parking area.
3. Hours of operation from 9:00 a.m. to 6:00 p.m. Monday-Saturday.
4. Overnight vehicle storage limited to the twelve (12) delineated parking spots in the rear
as per the updated site plan received November 12, 2019 in the Planning and Zoning
Office.
5. Landscape Plan approval for any landscaping to upgrade the access area off Bryant &
Stratton Way.
6. Subject to Erie County Sewer District #5 for on-site sanitary sewer requirements.
7. Subject to Town Building and Engineering Department approval on any construction
Associated with the project.
On the question, Councilman Greene asked if they agree to the conditions. Mr. Schmidt
said yes they do. Upon roll call – Ayes: All; Noes: None. Motion carried.
Jeff Palumbo requests a Public Hearing to consider an Open Space Design Development
Overlay for the proposed Cannonwoods Subdivision at the north side of Roll Road, west of
Martha’s Vineyard. James Callahan said the Planning Board has issued a Negative Declaration
under SEQRA and approved the Concept Plan. The applicant has increased the setback on the
extension of Meriul Lane.
Jeff Palumbo said he is present asking that a public hearing be set.
Supervisor Casilio said the Town Board is interested in where the water is going from this
site.
Councilman Greene asked if he would be ready by the public hearing.
Mr. Palumbo said they will. They have a stormwater management plan and will work out
the rec fees with the Town on what they want.
Supervisor Casilio said if there is no place for the water to go, there will be no project.
Mr. Palumbo said they have a plan.
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Motion by Councilman DiCostanzo, seconded by Councilman Geiger to set a Public
Hearing for February 12, 2020 at 5:45 p.m. to consider the request for an Open Space Design
Development Overlay for the proposed Cannonwoods Subdivision at the north side of Roll Road,
west of Martha’s Vineyard. Upon roll call – Ayes: All; Noes: None. Motion carried.
Town of Clarence Tree Management Plan - Set a Public Hearing to consider Adoption of
the Town Tree Management Plan as a part of Clarence 2030. James Callahan said the Town has
completed the draft in conjunction with Davey Resource Group. The next step is to hold a public
hearing.
Councilman Shear said we received a grant last year and hired Davey to review a
significant portion of the Town. They determined what kind of trees, the size, species, conditions
and where there were no trees. We have set aside funds in 2020 to add trees in Town. We have
applied for a grant to help fund the project to plant more trees this year.
Motion by Councilman Shear, seconded by Councilman DiCostanzo to set a Public
Hearing for February 12, 2020 at 5:55 p.m. to consider adoption of the Town Tree Management
Plan as a part of Clarence 2030. On the question, Supervisor Casilio said we all sat at the meeting
thinking the world revolved around Blue Spruce and Maple trees, but that is not the case.
Councilman Shear said the tree survey said about 37% of the trees in Town are Maples. The
suggestion from Davey Tree and the State is that we replace them with different types of trees
according to the list they have depending on where they are. Upon roll call – Ayes: All; Noes:
None. Motion carried.
Charles Kelkenberg requests a Public Hearing to consider a Special Exception Use Permit
for a secondary living unit at 9295 Martin Road. James Callahan said the location is the south side
of Martin Road, west of Goodrich Road. They propose to construct a single family home with a
secondary living unit. This project was tabled for the applicant to revise the architectural style of
the home. A public hearing is required.
Charles Kelkenberg and his son Charles Kelkenberg were present. They sent letters to all
the neighbors and have received two positive reviews on the design.
Supervisor Casilio said he likes the new design, but is concerned that it could turn into a
duplex some day because of the 50/50 split in space.
Charles Kelkenberg said some of the neighbors were not comfortable with having to police
the use. His response was people watch what is going in their neighborhoods and then they should
call the Town. He does not believe they should be responsible for it either.
Supervisor Casilio said in-law apartments are usually not that much space of the home.
Mr. Kelkenberg said there is only one entrance to the front of the house.
Motion by Councilman Shear, seconded by Councilman DiCostanzo to set a Public
Hearing for February 26, 2020 at 5:45 p.m. to consider a Special Exception Use Permit for a
secondary living unit at 9295 Martin Road. Upon roll call – Ayes: All; Noes: None. Motion
carried.
Paul Bliss/Town of Clarence Baseball Association requests approval for the construction
of a new pavilion at Memorial Park. James Callahan said the TCBA is requesting a new pavilion
and Town Board approval is required for Town property.
Paul Bliss and Dan Brinkerhoff were present. Mr. Bliss said they have been working with
the Engineering Department, Parks Department and Councilman DiCostanzo to get this set up.
They have raised all of the money for the project. They are hoping to get started in the spring.
Councilman Shear said he wanted to confirm it is board and batten and not aluminum.
Mr. Bliss said the only aluminum is the roof. The bathrooms are on the west end. This is
being funded by the Association, but there will be storage available for the Town to use. It will be
turned over to the Town for ownership but used by Baseball and the Parks Department for storage.
It will also have a kitchen. They will manage the snack bar.
Town Attorney Lawrence Meckler said for clarification prevailing wage rates will be used
when required.
Mr. Bliss said yes they will.
Motion by Supervisor Casilio, seconded by Councilman Geiger to grant approval to the
Town of Clarence Baseball Association to construct a new pavilion at Memorial Park to be
36
constructed of board and batten, not metal. Upon roll call – Ayes: All; Noes: None. Motion
carried.
Town of Clarence Highway Department - Initiate a coordinated review for a Proposed New
Highway Department Facility under the State Environmental Quality Review Act (SEQRA) at
6185 – 6221 Goodrich Road. James Callahan said the Town is required to do a coordinated review
under SEQRA prior to taking formal action on the project.
Motion by Supervisor Casilio, seconded by Councilman DiCostanzo that pursuant to
Article 8 of the Environmental Conservation Law, The Town Board seeks Lead Agency Status
and commences a coordinated review among involved agencies for the proposed Town of Clarence
Highway Department Project located at 6185 – 6221 Goodrich Road. This Type I Action involves
the funding and development of a new highway facility, including demolition of existing
structures, construction of new facilities including a small park, development of associated
parking, storage and landscaping and enhancing existing community facilities. Upon roll call –
Ayes: All; Noes: None. Motion carried.
Motion by Councilman DiCostanzo, seconded by Councilman Greene to approve the
following: Clubhouse Applications - A. Clarence Town Heritage Committee – Monthly meetings
for 2020; B. Youth Bureau/Winterfest – Jan 24 -26, 2020; C. Clarence Lions Club – Jan. 31 –
Feb. 1 & 2, 2020; D. Clarence Fillmore Cemetery – Feb. 19, 2020; E. Clarence Girl Scouts –
Mar. 7 & 8, 2020; F. Clarence Youth Bureau – Mar. 23, 2020; G. Clarence Community & Schools
FCU – Mar. 26, 2020; Legion Hall Applications – A. Michael Nappo – Jan. 24, Feb. 22, Mar. 28
& Apr. 25, 2020; B. Girl Scout Troop 31498 – Monthly meetings for 2020; C. Christine Herberger
– Feb. 1, 2020; D. Patti Gibson – Feb. 15, 2020; E. Dawn Emerling – Feb. 23, 2020; F. Daniel
Westerling – Mar. 7, 2020; G. Clarence Log Cabin Quilters – Mar. 14, 2020; and H. Francis
Ritzenthaler – Mar. 15, 2020. Upon roll call – Ayes: All; Noes: None. Motion carried.
Councilman DiCostanzo said the Bills of January 23, 2020 will be approved at the next
meeting, as they did not have time to thoroughly review them.
Councilman Geiger wished to close the meeting in honor of James Lally, an army veteran,
long time resident of Clarence, and co-founder of PCB Electronics. He was a true American
inventor dedicated to serving the people.
There being no further business, Supervisor Casilio adjourned the meeting at 6:30 p.m.
Nancy C. Metzger
Town Clerk
37
COMPUTERS TO DECLARE SURPLUS 01/2020
INV # DESCRIPTION PURCHASED SERIAL NUMBER
678 HP COMPAQ BUSINESS DESKTOP 11/3/2009 SMXL9421V6N
858 OPTIPLEX 390 DESKTOP 90 PSU 9/27/2012 00186-180-715-478
919 DELL OPTIPLEX 9010 DESKTOP EPA 8/2/2013 GW7X7Y1 36776742265
917 DELL OPTIPLEX 9010 DESKTOP EPA 8/2/2013 GW8Y7Y1 36778468537
921 DELL OPTIPLEX 9010 DESKTOP EPA 8/2/2013 GW8Z7Y1 36778515193
923 DELL OPTIPLEX 9010 DESKTOP EPA 8/2/2013 GW808Y1 36776883529
925 DELL OPTIPLEX 9010 DESKTOP EPA 8/2/2013 GW7Y7Y1 36776788921
936 DELL OPTIPLEX 9010 DESKTOP EPA 8/2/2013 GW8X7Y1 36778421881
938 DELL OPTIPLEX 9010 DESKTOP EPA 8/2/2013 GW908Y1
934 DELL OPTIPLEX 9010 DESKTOP EPA 8/2/2013 GW818Y1 367769030185
949 DELL OPTIPLEX 3010 MINITOWER EPA 11/12/2011 4NHY9Z1, 918193483232980
978 DELL OPTIPLEX 3010 MINITOWER EPA 3/13/2014 DVJRH02
976 DELL OPTIPLEX 3010 MINITOWER EPA 3/13/2014 DVHRH02
980 DELL OPTIPLEX 3010 MINITOWER EPA 3/13/2014 DVHZH02
982 DELL OPTIPLEX 3010 MINITOWER EPA 3/13/2014 DVHVH02
983 DELL OPTIPLEX 3010 MINITOWER EPA 3/13/2014 DVHTH02
1057 DELL OPTIPLEX 3020 DESKTOP COMPUTER 8/31/2015 4WVBJ52
1055 DELL OPTIPLEX 3020 DESKTOP COMPUTER 8/31/2015 D6WBJ52
1053 DELL OPTIPLEX 3020 DESKTOP COMPUTER 8/31/2015 14WBJ52
1058 DELL OPTIPLEX 3020 DESKTOP COMPUTER 8/31/2015 CXSBJ52
927 DELL OPTIPLEX 9010 DESKTOP EPA 8/2/2013 GW7Z7Y1 36776835577
974 DELL OPTIPLEX 3010 MINTOWER EPA 3/11/2014 DVJYH02
764 HP COMPAQ 8100 ELITE 9/28/2010 2UA0400XP5
840 DELL OPTIPLEX DESKTOP 2/6/2012 4919948785
1051 DELL OPTIPLEX 3020 DESKTOP COMPUTER 8/31/2015 FVVBJ52
789 HP COMPAQ 8100 ELITE 12/29/2010 2UA1011049
951 DELL OPTI-PLEX 3010 MINITOWER EPA 11/12/2013 4NHZ9Z1, 918193483232966
979 DELL OPTIPLEX 3010 MINITOWER EPA 3/13/2014 DVHWH02
1026 DELL OPTIPLEX 3020ES MINITOWER CTO 12/19/2014 BF1CS22
NONE DELL OPTIPLEX780 CTHWXP5240 47R6P1
LAPTOPS TO DECLARE SURPLUS 01/2020
INV # DESCRIPTION PURCHASED SERIAL NUMBER
626 PANASONIC TOUGHBOOK 52 LAPTOP 7/17/2008 8HTYA0321184
Attachment to Town Board Minutes of January 22, 2020
Page 1 of 2
38
MONITORS TO DECLARE SURPLUS 01/2020
INV # DESCRIPTION PURCHASED SERIAL NUMBER
510 19" VSEVEN MONITOR 12/28/2006 F7OU660921
675 LG 19" MONITOR 11/9/2009 909NDTCGS681
770 20" LCD MONITOR 11/24/2010 Y30A6HA003731
MOTION TABLETS TO DECLARE SURPLUS 01/2020
INV # DESCRIPTION PURCHASED SERIAL NUMBER
1009 MOTION TABLET 10.4 5/7/2014 E4JDAG001963
1011 MOTION TABLET 10.4 5/7/2014 E4JDAG001965
956 MOTION TABLET 10.4 11/14/2013 DBJDAG001323
1007 MOTION TABLET 10.4 5/7/2014 E4JDAG001962
1010 MOTION TABLET 10.4 5/7/2014 E4JDAG001964
PRINTERS TO DECLARE SURPLUS 01/2020
INV # DESCRIPTION PURCHASED SERIAL NUMBER
816 HP PRINTER 10/14/2011 CNBSB3320
628 HP DESKJET 460C PRINTER 7/17/2008 SMY8125Z0XD
261 HP 6122 DESKTOP PRINTER 7/23/2003 SMY8125Z0XD
134 HP LASERJET 2100 NOT KNOWN USGH076382
118 EPSON LX300 PRINTER NOT KNOWN C1300002LA18X16466
MISCELLANEOUS TO DECLARE SURPLUS 01/2020
INV # DESCRIPTION
KEYBOARDS
MOUSES
SERVER BOARDS, COMPONENTS, ETC
CABLES
TYPEWRITERs
LG VOICE MAIL SERVER
663 SWITCH-OMNIEW PRO3 UAB & PS/2 8-PORT KVM
Attachment to Town Board Minutes of January 22, 2020
Page 2 of 2