02/14/07


A Work Session of the Clarence Town Board was held on February 14, 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, Director of Administration and Finance Pam Smith, Town Engineer Joseph Latona, Senior Building Inspector David Metzger and Confidential Secretary to the Supervisor Karen Jurek.

Director of Community Development – James Callahan

Public Hearings:

Master Plan 2015 Amendments:
The proposed amendments include changes to facilitate the adoption of an Adequate Public Facilities Local Law as well as to add the previously recommended changes to clarify the allowed architectural styles in the Harris Hill Traditional Neighborhood District. The proposed amendments also incorporate by reference the Parks and Recreation Master Plan as an Appendix to Chapter 5. Councilman Bylewski suggested holding up the Parks and Recreation Master Plan. There appears to be some internal inconsistencies in the plan. In addition to that, some of the maps that were included are not accurate. There appears to be some fields that are identified as "not in use" and some other fields that we may not want to use as "proposed". Councilman Bylewski suggested holding the public hearing, receive any comments, close the public hearing and then allow some time to adjust the actual Parks and Recreation Master Plan document.

Zoning Law Amendments:
The proposed amendments clarify several sections of the document as discovered via its use during the past several months.

John Burgher 10939 Main Street
Applicant is proposing to take over the existing repair shop and develop a space to display vehicles for sale. The proposed site is located on the south side of Main Street, west of Davison Road intersection at existing automotive repair facility located on .91+/- acres zoned TND and Residential Single-Family to the rear. The existing vacant structure located along the Main Street frontage was a former diner. Mr. Burgher delivered revised plans after the comments he received from the Board. The Community Character Protection Board has reviewed the proposal. Concerns from neighbors have been expressed relative to outdoor storage of vehicles/vehicle parts to the rear of the property.

HD Café 5445 Transit Road
Applicant is proposing to operate a café with a drive-thru facility. The proposed site is located on the east side of Transit Road in the Dairy Queen Plaza in existing retail plaza located in the Major Arterial Zone. The new construction/addition was previously approved by the Town Board. The proposed site is located in a commercial classification.

Metal Mart International Inc.
A public hearing is scheduled to consider the request for a shift resolution for Metal Mart International Inc. regarding relocation to the Tonawanda Empire Zone.

Formal Agenda items:

Noel Dill 9015 Main Street
Applicant is seeking approval to hold an annual Special Event. (Applicant asked to be removed from agenda).

Greatbach Inc. 10000 Wehrle Drive
Applicant is seeking Town Board approval to remove restrictive covenants on the property. (Applicant asked to be removed from agenda).

Saturn of Clarence – Eastern Hills Mall
Applicant is seeking permission to display vehicles within the mall in the former Colton RV space. (Applicant asked to be removed from agenda - they are moving out of the mall).

Dr. Altlman 8421 Sheridan Drive
Applicant is proposing to demolish the existing single-family residential structure located in the Restricted Business Zone and construct a 4,728 square foot medical building. The proposed site is located on the south side of Sheridan Drive, west of Harris Hill Road on 1.39+/- acres and 93' of frontage along Sheridan Drive. Areas of concern include setbacks and configuration on the narrow lot. A variance to the side yard setback requirements will be required for the submitted design.

Waterford Village Bank 8411 Main Street
Applicant is proposing to amend the site plan to add parking spaces to the front of the proposed structure and to amend the architectural style to eliminate previously approved pitched roof area as well as brick color. The proposed site is located on the south side of Main Street, west of Harris Hill Road on 1.5 acres in the Traditional Neighborhood District. Parking in the required front yard is not permitted in the TND Zone.

Joseph Piparo 6585 Transit Road
Applicant is proposing to create an automotive sales operation utilizing the existing space and parking area. The proposed site is located on the east side of Transit Road, north of Miles Road in existing commercial structure (formerly Belknap Heating & Cooling) located on 1.87 acres in the Major Arterial Zone.

Uncle Bob's Self-Storage 8175 Main Street
Applicant is requesting approval to demolish two existing residential structures and construct an additional self-storage building per submitted design. The proposed site is located on the south side of Main Street, east of Transit Road. The existing self-storage facility is located on 4.2+/- acres in the Commercial Zone. All setbacks are met in the Commercial Zone.

Love Your Dog 6989 Transit Road
The applicant would like to take over the storage buildings in the rear of the barn to offer kennel services/over night boarding for approximately 30 dogs along with her grooming business. The proposed site is located in the Spoth Barn on Transit Road in Swormville on the east side of Transit Road, north of Stahley Road. Use involves renovation of existing structures and including the addition of fencing which are acceptable. Noise concerns should be addressed.

Len-Co Lumber
Len-Co lumber is seeking permission to operate out of the former furniture store behind the Syms store. There will be no outside storage of building material and/or lumber other than in conjunction with periodic promotional display. There is adequate parking available however; a portion of the parking lot is being used by the BAC.

Mike Arno 5850 Kraus Road
Applicant is seeking approval to split the lot to create 2 additional lots. The proposed site is located on the west side of Kraus Road, south of Clarence Center Road. The existing single-family residential use located on 11.3+/- acres in the Agriculture Rural Residential Zone. All lots are in conformance with Agriculture Rural Residential Zoning classification.

Dunkin Donuts 9430 Main Street
Applicant is seeking to construct a new donut/coffee shop on the property including a drive-thru facility. The proposed site is located on the north side of Main Street, west of Goodrich Road intersection on existing vacant land adjoining Wilson Farm store consisting of approximately 1.5 acres zoned Commercial. The DOT approved the access to the far west of the property. The Planning Board has forwarded a recommendation to recommend approval on the submitted design. Councilman Kolber would like to see Dunkin Donuts driveway connect with Wilson Farms, he will contact the applicant and Wilson Farm to discuss this.

Work Session items:

Bradley Brunette 9393 Main Street
Applicant is seeking approval to display and sell vehicles on the south side of Main Street, west of Goodrich Road in existing plaza behind Orazio's Restaurant. The area is located in a commercial classification. Per the Zoning Law, the Town Board may consider an automotive sales operation via a Special Exception Use Permit in the Commercial Zone. Areas of concern include display area location and number of vehicles proposed for display.

Don Albrecht – First Presbyterian Church 9675 Main Street
Applicant is proposing an addition in front of existing church. The proposed site is located on the south side of Main Street, east of Gunnville Road adjacent to the High School. The existing church facility is located on 5.5 acres in the Commercial Zone.

Douglas Klotzbach – Frey's Old Time Furniture 9992 Main Street
Applicant is proposing to add warehouse space to the west side of the property. The existing furniture store and warehouse facility are located on 8.2+/- acres in the Commercial Zone. The proposed addition meets all setback requirements in the Commercial Zone. This proposal closes off all potential access to Kraus Road.

Walgreens 9217 Main Street
Applicant is proposing to demolish the existing structures and construct a new drug store and office building including a drive-thru facility. The proposed site is located on the south side of Main Street at the Sheridan/Thompson intersection. The existing residential property is located on 13+ acres in the Commercial Zone. (Applicant removed from agenda at this time - waiting for written comments from the DOT).

The Home Depot 4139 Transit Road
Applicant is seeking approval for an extended tent sale - May thru July. The existing lumber and building supply operation is located on 14.9 acres in the Major Arterial Zone. Location of temporary structure and impact upon traffic flow and parking will have to be addressed.

Garry Daigler 8255 Wolcott Road
Applicant is seeking approval to split the lot and create a new residential building lot. The proposed site is located on the south side of Wolcott Road, east of Transit Road. The existing single-family residential use is located on 8.3 acres in an Agriculture Zone within the density flood plain. The creation of a new residential lot meets all zoning requirements.

Al Gozdalski 8895 Sheridan Drive
Applicant is proposing to add an accessory structure to the property. The proposed site is located on the south side of Sheridan Drive, east of Shimerville Road. The existing residential use is located on 1.5+/- acres in the Restricted Business Zone. All setbacks are met in the Restricted Business Zone.

Autistic Services 4444 Bryant & Stratton Way
Applicant is proposing a two story addition on the north side and a small addition to the south side of the building for additional classroom space.

Jack Wilcox
At the July 26, 2006 meeting, the Board approved and granted the request of the applicant Jack Wilcox for a 3-lot open development area at 10352 Main Street. He is asking for an amendment to create a secondary private access to Hillcrest Drive.

Supervisor Kathleen Hallock

At the November 15, 2006 meeting, the Board approved a special event request for Miles with Missions at Memorial Park to be held on August 1st. There is now a revised site for the run/walk, it will be held at Clarence Center VFC.

Eastern Hills Wesleyan Church is requesting approval to host a 2 mile church wide walk from Memorial Park to Newstead town line and back. The event is scheduled for Saturday, April 28, 2007 at Memorial Park from 8:30 AM until 1PM. They will have volunteers at all of the intersections. The planner was going to contact the Parks Department and the Soccer League regarding any scheduled games.

Supervisor Hallock will make a motion to create the position of Senior Clerk RPT. After we receive confirmation from Civil Service, we will ask for the list.

Supervisor Hallock received an application for the Bicentennial Committee; the appointment will be made in two weeks.

Supervisor Hallock will appoint James Callahan as Affirmative Action Officer; this is a three year appointment.

Supervisor Hallock will announce the 4 motions that were passed at the January 31, 2007 Work Session.

The Bicentennial Committee sold 115 banners for the first batch to be produced. The banners will continue to be sold however the committee would like to have them in place for the March 11th birthday party.

Animal Control Officer Jerry Schuler has received a donation of an apartment size washer and dryer for the animal shelter.

The Clarence Center Community Association is requesting the use of the picnic shelter at Town Place Park on Saturday, July 28th for their annual community picnic. They are also requesting permission to allow attendees to bring their canine pets with them for this year's event "Bark in the Park". Town Clerk Nancy Metzger indicated that this request is in violation of Chapter 143 of the Town Code and she does not have the authority to approve such a request. The Town Board was in agreement with the one time request.

Supervisor Hallock is liaison to the Clarence Center Community Association and met with two of the directors last week. One of the items discussed was a community type billboard to be placed on Goodrich Road near the bike path. The Recreation Advisory Committee is not in favor of it; they suggested finding someone that would be willing to put the sign on private land. If the sign was in the right of way, it would be limited by the sign law. Some of their other ideas included the possibility of getting more lighting at the four corners, a one day street sale possibly twice a year at the four corners to promote all the businesses. A Special Event Permit would have to be approved. Jim Callahan suggested CCCA speak with the Sheriff's Department as Goodrich is a county road. They are also looking into a July 21st midnight event at the bookstore for the Harry Potter book sale, daytime events in the courtyard (kids concerts, puppet shows etc.) and a murder mystery ride through Clarence Center. Supervisor Hallock did ask that they contact the neighbors regarding noise. In a couple of weeks a new retail business is opening next door to Crossroads Book Store cooking classes will be offered along with the sale of culinary items. They also discussed the noise and truck congestion on Goodrich Road but there is not much that can be done about that. Supervisor Hallock will put them in contact with the IDA to see if there is sales tax relief for non production items.

Supervisor Hallock will make a motion to hire the architect to prepare the bid documents for the pointing of the five chimneys at the Clubhouse also re-roofing and pointing of the chimney for the Gerber Library.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski received a partial payment check from Adelphia Cable. The check represents the payment of franchise fees for July 2006.

A Cable TV Committee meeting has been scheduled for March 22, 2007.

Councilman Bylewski will appoint three citizens to the Public Safety Committee and will announce that their first meeting will be scheduled for Tuesday, March 20th @ 7:00 PM in the Planning Board room.

Councilman Bylewski received the January 2007 Amherst Fire Alarm report.

To date, Councilman Bylewski has not head from all department heads regarding the Performance Measures.

Councilman Bylewski announced that The Farm Bureau of Erie County received a national award.

The TEQR Committee has forwarded recommendations for consideration by the Town Board relative to Dunkin Donuts 9430 Main Street and the proposed Bakowski Self-Storage Facility located within the Lakeside Industrial Business Park.

Councilman Bylewski has received the building permit report.

The Town Board received the League of Woman Voters updated report "At Taxpayers Expense." Councilman Bylewski will mention some of the important highlights especially those dealing with sprawl.

Councilman Bylewski distributed an application for the Planning Board alternate position.

Councilman Bylewski reviewed the Erie County Design Report for the proposed roundabout at Shimerville and Greiner Road. They are a number of areas that Councilman Bylewski has questions on, in particular you have to educate the public however, and they only had one public meeting when they indicated they would have more than one public meeting. The accident data for 2005 - 2006 was not included in the report. Councilman Bylewski feels that more information has to be included in the report before the County can say that a roundabout is the preferred design. Councilman Bylewski will get a draft letter circulated and the Town Board may pass a resolution requesting another public meeting.

Councilman Bylewski commented on a memo the Board received regarding two council members who recused themselves from voting on the setting of a public hearing. Councilman Bylewski stated that he felt that the two council members that recused themselves did the right thing because setting a public hearing is not a ministerial act; it is an act where you have discretion in doing it – Town Attorney Bengart agreed.

Councilman Joseph Weiss

Councilman Weiss will make a motion to approve the request by Clarence Center Community Association for Bark in the Park.

Parks Crew Chief John Burns is requesting a transfer of funds for 2006.

Wendy Silvati got a group of children to help out with the fishing derby.

A meeting is scheduled for Thursday, February 15th @ 5PM to discuss Day in the Park festivities. Everyone is welcome.

A consultant has been contacted to help with the deer abatement program; the town is looking at other alternatives.

Councilman Weiss thanked everyone involved with Winterfest, they did a great job.

At the Conservation Advisory Committee meeting, Steve Murtaugh announced that a stone wall would be erected at the entrance to Town Hall at Goodrich Road, he is looking for some funding. Clarence Rotary Club may come up with $25,000. Mr. Murtaugh question whether or not the money that had been earmarked for the skate park project could be used. Supervisor Hallock stated that we have received many requests for that money; we are paying a lot of money for the debt service on the arboretum already. Councilman Casilio stated that if we go ahead with any type of camera system, he will be looking for money also.

Councilman Bernard Kolber

Councilman Kolber has one item to discuss in Executive Session regarding the appointment of an individual.

Town Assessor David Folger is requesting Town Board approval to attend a seminar.

Councilman Kolber will announce that Rosanne Butler-Smith is leaving the Clarence Public Library; she is taking a position to run the Town of Amherst libraries. No replacement has been named.

Councilman Kolber has a correction to the January 31 minutes.

Councilman Kolber commented regarding the fill issue at Memorial Park, it was stated that the fill has to sit for one year. Councilman Kolber spoke to someone about this and it was indicated that as long as it was compacted when it was put in, it did not have to sit for one year. Councilman Casilio clarified this by stated that if you don't compact it, it should sit for at least one year. Councilman Kolber stated that the dozers running over it would compact it. Councilman Casilio disagreed stated that you need compacting equipment. Compacting equipment costs approximately $5000 a week to rent a machine.

Councilman Kolber will make a motion to hire Greg Ribbeck at the amount of $85.00 per hour not to exceed $7,000 for use of D5 dozer and operator to strip and stockpile the topsoil at Memorial Park. Councilman Kolber said the money could come from the Recreation Fund. Supervisor Hallock stated that normally we use that money for debt service, she did not know if it could be done last year. If we have money in that account, it is used for the debt service, $50,000 on the original $750,000 borrowing from 1998 and $20,000 for the wading pool.

Councilman Kolber stated that he spoke to the contractor that is doing the Transit Road widening project. The contractor has 200,000 yards of fill to dispose of. We need 80,000 to fill in at Memorial Park, 40,000 for the one section and 40,000 for the other section however we have to decide if we want to cut the trees down. The Transit Road project is a two year project that will begin in March. The contractor dealt with Highway Superintendent Ted Donner during the October storm and spoke very highly of him. They would be willing to deliver the fill at no charge to the town. Councilman Kolber further stated that the town could provide a letter of donation to the contractor which he can use as a tax deduction.

Councilman Bylewski asked that outside of the work that Greg Ribbeck would do, is there anything else that needs to be done at the site before we can accept the fill. Town Engineer Latona stated that we need to know how big the trucks are and a route into the site would have to be planned. An entry way would have to be established for the trucks to back in so they don't sink or damage the road. Councilman Kolber stated that if we can find some money, it may be worth while to get the shot rock when it becomes available, that could be used to set up the staging area. Town Engineer Latona stated that he is at a disadvantage because he does not have equipment or a budget.

Councilman Kolber will make a motion for Town Engineer Latona to develop specifications for fill placement at Memorial Park.

Supervisor Hallock asked how much it will cost to hire Greg Ribbeck. Councilman Kolber stated that Mr. Ribbeck has indicated that it would take him between 5 - 7 days at 9hours a day which would come out to approximately $5,300 - $5,500. Town Engineer Latona stated that it is difficult to do anything with all the snow; we don't know where the topsoil ends or where the concrete is. We are at an extreme disadvantage to try and manage a site under snow. This project depends on the weather.

Councilman Kolber stated that the snow will melt eventually, if we give Mr. Ribbeck the approval, he will be ready to go. Councilman Kolber further stated that Mr. Ribbeck will be operating the machinery himself, so we would not be getting into prevailing wage issues. Councilman Casilio suggests contacting DiPizio Construction about bringing in stone and arrange a dump site. Councilman Kolber said that if we wait until late spring or early summer the park is in full use with baseball, soccer and traffic. We would have to block off an entrance way so that the trucks would stay away from the usage areas. Supervisor Hallock stated the Highway Superintendent Ted Donner had some reservation about starting before April Councilman Kolber has not discussed this with Highway Superintendent Ted Donner as he has just received the information today. Town Engineer Latona stated that even when the snow melts, the site will be extremely wet and muddy.

Councilman Kolber stated that for an additional $1,500 - $2,000, Mr. Ribbeck could remove the brush.

Councilman Bylewski stated that the concern that has been brought up through the Capital Improvement Committee is to make sure that the funding was in place and the timing was right. Would there be harm in holding off for two weeks to give Joe Latona and Ted Donner an opportunity to review the information that Councilman Kolber has come up with. Councilman Kolber stated that he will hold off for two weeks. Supervisor Hallock asked that Councilman Kolber also get a verification of the estimates he has received.

Town Engineer Latona will meet with the contractors (Ribbeck and DiPizio) and report back to the Board.

Councilman Patrick Casilio

Because of the heavy Town Board agenda, Councilman Casilio will report on the Avoidable Alarms at the next Town Board meeting (February 28th). Councilman Casilio is working with Senior Building Inspector Dave Metzger to set up a meeting of the Avoidable Alarm Committee.

Supervisor Hallock will give the State of the Town address to the Chamber of Commerce dinner on February 15.

Councilman Casilio met with the Senior Center last week. William Dickman has resigned; his term expires 12/31/08.

Labor Management negotiations are on going.

Councilman Casilio will mention briefly the presentation given at the February 7th meeting relative to parks security.

The Morlando Committee met and will seek opinions on the lights for the Harris Hill neighborhood.

Councilman Casilio will make a motion on Employee Assistance Program.

Councilman Casilio has one item to discuss in Executive Session regarding the appointment of a particular person.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss matters leading to the appointment of a particular person and the employment of a particular person. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:16 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:28 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, February 14, 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 Bernard Kolber, 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, Building Inspector David Metzger, Parks Crew Chief John Burns, Youth Director Dawn Kinney, and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held January 17, 2007 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Bylewski to approve the minutes of the previous meeting held January 31, 2007. On the question, Councilman Kolber said on page 39, he left before the end of the meeting, but returned in the middle of the Executive Session. Supervisor Hallock said the minutes will be amended to reflect that Councilman Kolber did return.
          Councilman Bylewski said on page 32 in regard to the Eastern Hills Corridor Project, he "...will contact the Federal officials."
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to name Director of Community Development James Callahan as Affirmative Action Officer for the Town of Clarence.
          On the question, Supervisor Hallock said the Affirmative Action officer is a person who should be knowledgeable of Federal and State fair housing laws, be available to respond to local housing discrimination complaints, and when appropriate, refer such complaints to Housing Opportunities Made Equal (HOME) or the U.S. Department of Housing and Urban development for investigation.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve creation of the position of Senior Clerk RPT (Competitive). On the question, Supervisor Hallock said this is being done for Civil Service purposes. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve retaining of Kasprzak and Klotzbach Architects, P.C. of Clarence to provide architectural services for design, construction drawings, specifications, bid documents and bidding for the pointing of the Town Park Clubhouse five chimneys and the re-roof and pointing of the chimney for the Gerber Library in accordance with their proposal dated February 7, 2007 in an amount not to exceed $4,300. The Clubhouse work is to be paid from the existing bond and the Gerber Library from the budgeted amount. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant a Special Event request to Eastern Hills Wesleyan Church for two-mile walk on Saturday, April 28, 2007 from 10 am to 1pm. On the question, Supervisor Hallock said her office will notify all proper agencies. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that Agenda Items 16, 17 & 18 have been removed from the agenda at the requests of the applicants.

Supervisor Hallock was pleased to announce receipt of a grant notification from the DEC in the amount of $6,000 for street trees. Parks Crew Chief John Burns has been in contact with the DEC and submitted the request for the trees. The grant was made available to municipalities that suffered significant tree damage in the October snowstorm.

Supervisor Hallock said the Town Board approved a special event for a walk and run for a group called Miles with Missions in November. The even was scheduled to take place at Memorial Park on August 1st. The event has been moved to the Clarence Center Fire Company Grove. The run and walk will take place on Clarence Center Road and the bike path from Strickler to Goodrich. Proceeds will go towards amenities on the bike paths.

As liaison to the Bicentennial Committee, Supervisor Hallock was pleased to announce that the first order went in for 115 Bicentennial banners. They are hoping to have them installed by the Town's 199th Birthday Party on Sunday, March 11, 2007. Banners will continue to be sold and installed. Applications are on the Town website under News.

Supervisor Hallock stated that we received the point summary and certification letter for the Length of Service Award Program from the Clarence Center Volunteer Fire Company. The letter and summary are on file in the Town Clerk's Office. The summary, letter and a letter notifying members of the grievance procedure are posted for 30 days at the fire hall.

Supervisor Hallock congratulated Dawn Kinney from the Clarence Youth Department and the Chamber of Commerce for another successful Winterfest on Sunday. This was the second annual and a smashing success. It is hard to identify how many people were there, but it was estimated between 1,000 and 1,500 people.

Supervisor Hallock said it is the practice of the Town Board to announce any motions that were made at work sessions. At the work session of January 31, 2007:
          - A motion was made to transfer $3,600 for A 1355.1 Personal Services to A 1355.434 Professional Services for the year 2006. The motion was made that evening so that the adjustment could be made in the 2006 accounting year.
          - Julie Hoffmeister was appointed Clerk PT at the budgeted rate of pay effective 2/1/07. We have lost a couple of our part time clerks and would like to begin training.
          - Lynn Minter asked to have her name removed from the Clerk PT list.
          Set a Public Hearing for a shift resolution for Metal Mart International Inc. to accommodate the business owner with his Empire Zone benefits project.
-           - A motion was passed to approve a one year, temporary solution for Sunset Park for the 2007 season. There were many statements on the question including consideration for adequate buffering, neighbors, noise and property boundaries. Supervisor Hallock said last year's severe weather conditions exacerbated the parking situation and overriding safety issues, certainly their major responsibility. Providing parking relief will address the safety situation and the on street parking issue.

There was no easy solution and it was a difficult, necessary decision. She urges everyone to read the minutes of the January 31st work session in total. The minutes will be available on the website very soon.

Supervisor Hallock cleared up some of the misinformation she observed:
          • There was no talk of 140 parking spaces as reported.
          · Concession stand was not built without permission.
          · Lights were not installed without permission.
          · The Town Board did not operate in closed session. The January 31, 2007 work session was an open meeting, properly noticed.
          · No trees are being taken down to make room for parking. There will be an Erie County drainage project done on the corner and only if tree removal is necessary for their work will a tree be cut down.
          • It was stated that residents cannot use park pavilions from August through the fall. That is not true.
          · There was no gamesmanship in placing the agenda item. That statement was an unkind attack on the Town Clerk.

Supervisor Hallock said the Town Board could not find a realistic solution for the 2007 season and is working on a long term solution. She asked Councilman Bylewski to report on the Capital Improvement Program meeting of last week.

Councilman Bylewski said it has been identified that there has been a parking problem at Sunset Park. It has been mentioned in our draft of the Parks and Recreation Master Plan, as well as, being a problem for other uses in the park besides football. The proposed temporary solution would have to be looked at in April of 2007 before any work could be done. Zoning issues would have to be taken into consideration for the community facilities zoning regarding any additional buffering that would need to be done. The Landscape Committee would become involved also.
          The consensus of the Capital Improvement Committee was to look at parking in the southwest corner, as part of drainage mitigation that the County would be doing and by the current entrance. It was a temporary solution for one year, which would be reassessed.
          Councilman Bylewski said the Capital Improvement Committee discussed that the undeveloped area in Memorial Park would need preparation prior to introducing fill. The site preparation should be completed as soon as possible. Discussion on the cost and the ability to get the fill identified that the cost would be significant to complete this operation. Once the fill is placed, it must settle for a least a year. We have received some different information about compacting fill. Cost to clear, fill and grade, including subdrainage will be about $250,000. The cost for two additional baseball fields is approximately $250,000. The Highway Department would prep the site in the spring as time and weather permit.
          Councilman Bylewski said Mike Neumeister, our financial expert on capital improvement projects will meet with the Town Board at the April morning work session to discuss details.
          We received information today from Councilman Kolber about potential donations. The Town Engineer has been tasked with taking a look at that to see what can be done to speed up the fill project for Memorial Park.
          Councilman Bylewski referred to the Town Engineer with regard to Sunset Park. Town Engineer Joseph Latona said first we have to wait for the snow to be gone. There are several issues to be resolved including location, size, drainage and elevation of the parking areas; traffic entering and leaving; and buffering. We are currently working with Erie County regarding the drainage. As soon as the weather breaks, they will systematically begin addressing each issue.
          Councilman Bylewski said we did receive more information today regarding Memorial Park that the Town Engineer will be looking at. We are looking at about 40,000 cu. yds. of fill at a cost of approximately $133,000 for trucking for part of the fill.
          Supervisor Hallock said the Parks and Recreation Master Plan is in draft form at this time, but does identify that Sunset Park warrants master planning and that heavy use does occur during baseball and football. It has always been our intention to pursue master planning for each of the parks. The Parks and Recreation Master Plan places value on both neighborhood parks and community facilities.
          Supervisor Hallock said football has been played at Sunset Park since the 1960's. Recreation Advisory Committee member Mike Powers was very active in the league a few years ago and lead a discussion at their meeting on Tuesday. He volunteered to work with the football group to help facilitate solutions. His plans include having them meet with the neighbors and the Sports Coalition and take a look at the configuration of the sound system. Mike will work as a member of the Recreation Advisory Committee. This will be done before April 1st.

Councilman Bylewski announced that the annual Cable TV meeting will be held March 22, 2007 at 7:00 P.M. There will be an update from Time Warner. They are also looking for input from Verizon to see if they will be coming out to Clarence. We were far down on their list for capital improvements.
          A check was received in the amount of $15,020.81 representing franchise fees for July 2006. We are supposed to receive semi-annual payments and we are looking into that.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint the following as citizen members to the Public Safety Committee with a term to expire 12/31/07: Pam Anderson, James Kinney and Robert Lenz. On the question, Councilman Casilio said there were a lot of citizens who would like to serve on this committee. Councilman Bylewski said the first meeting is set for March 20th at 7:00 P.M. There will also be a lot of working groups coming out of this committee offering more opportunities. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Central Fire Alarm January 2007 Operations Report. Town of Clarence fire companies responded to the following: 4 – Fires; 1 – Motor Vehicle Fire; 5 – Miscellaneous Fires; 93 – EMS Calls; 12 – Motor Vehicle Accidents; and 35 – Miscellaneous Calls for a total of 150 alarms.

Councilman Bylewski said we have a Right-to-Farm Local Law in the Town, and one of the gentlemen who spearheaded that legislation was Hans Mobius who is also a member of the Erie County Farm Bureau. The Erie County Farm Bureau recently received an award for their work on right-to-farm legislation at their annual national convention.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Dunkin Donuts Restaurant located at 9430 Main Street. This Unlisted Action involves the construction of a new restaurant in the Commercial Zone. After thorough review of the submitted site plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, including coordinated review with design comments and approval from the New York State Department of Transportation, it is determined that the proposed action is consistent with the adopted comprehensive Master Plan 2015 and local land use regulations and will not have 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 TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Bakowski Self-Storage Facility located within the Lakeside Industrial Business Park on the south side of County Road, west of Goodrich Road. This Unlisted Action involves the development of a self-storage facility in the Industrial Business Park Zone. After thorough review of the submitted site plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, including coordinated review among involved agencies, it is determined that the proposed action is consistent with the adopted comprehensive Master Plan 2015 and local land use regulations and will not have a significant impact on the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Single Family Building Report for January 2007. All four permits were issued for homes in subdivisions. By way of comparison, there were 5 in subdivisions and 1 outside in January 2005; and 5 inside and 2 outside in January of 2006.

Councilman Bylewski said the League of Women Voters has updated "At Taxpayers Expense – How Government Policies Encourage Sprawl in Erie and Niagara Counties". The interesting facts that they point out include that Erie and Niagara Counties could save as much as $800 million in capital costs for water and sewer lines over the next 20+ years by developing mainly in areas with existing infrastructure. The taxpayers in local communities are footing much of the bill for extending public services to new areas. While developers pay the cost of installing new lines, the cost of ongoing maintenance, repair, treatment, etc. ultimately is on municipalities. The Erie and Niagara region with a declining population is requiring fewer people to bear the cost of a larger area of government service.

Councilman Bylewski said we received the final design report for the proposed roundabout at Shimerville and Greiner Roads. He has concerns with the report and will be sending a letter and hopefully a resolution to Erie County. The issues include receipt of accident reports for 2005 and 2006; and there were supposed to be further public meetings that were never held.

Councilman Bylewski thanked Dawn Kinney and Michele Orvis of the Youth Department and the Chamber of Commerce for another outstanding Winterfest event.

Councilman Weiss thanked his colleagues for describing the misinformation on the parking at Sunset Park. He added that before January 1st we only received one complaint about football and that was about dust being on the road.

Motion by Councilman Weiss, seconded by Supervisor Hallock to grant approval for the transfer of $1,600 from A 7110.450 Maintenance of Buildings and Grounds to A 7110.438 Utilities. On the question, Councilman Weiss said this is a final transfer of funds for 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to grant permission for the Clarence Center Community Association Annual Picnic to be held at Town Place Park on Goodrich Road on Saturday, July 28, 2007 from Noon to 4:00 P.M. and permission for attendees to bring their canine pets. On the question, Councilman Weiss said the association has come up with the idea to bring your dog. They will have fencing and clean up. Supervisor Hallock added that the event is called "Bark in the Park". Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said we received a letter from August Hein thanking whomever was driving snowplow H27 for taking an extra 30 seconds to clear a troublesome area near his driveway of snow. It was sincerely appreciated.

Councilman Weiss announced that the fishing derby will be held on March 31, 2007 for children 12 and under. We have a group, Destination Imagination to sell hot dogs and drinks to help raise funds for a school trip. They were the first one to contact John Burns. Youth Director Dawn Kinney has students from her volunteer program ready to help bait the hooks and take fish off. There will be trophies for the biggest fish, the smallest fish and the most fish caught.

Councilman Weiss announced that the Day in the Park committee is meeting tomorrow at 5:00 P.M. at the Town Hall to prepare for the event this summer. All fundraising groups are invited to participate and earn money for their efforts.

Councilman Weiss said the deer abatement program has not been very successful this year because the permits were issued so late. They have been talking with consultants from the State to possibly change the program a little bit this year.

Councilman Weiss also thanked the Youth Department and the Chamber of Commerce for Winterfest. It was a great event again this year. He also thanked the restaurants and security and anyone who helped make it a great day.
          He also commended the Youth Department for the 6th grade party that was recently held. There were 316 students who attended.

Motion by Councilman Kolber, seconded by Councilman Casilio to grant permission for Assessor David Folger to attend an assessment class on Developing Tax Breaks to be held March 9, 2007 at the Holiday Inn Airport at a cost of $95 and use of a Town vehicle. This class provides him with 6 credits towards yearly certification requirements. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber announced that Roseanne Butler-Smith, Library Director is resigning effective March 1, 2007. She has done a wonderful job for our library and for our Town.

Councilman Kolber said he was misquoted in the Clarence Bee today in that he was strongly opposed to any additional parking at Sunset Park in the past. He believes that Sunset Park could benefit from additional parking done in a smart fashion.
          Councilman Kolber said he has been able to locate a source for fill. A gentleman has offered to donate up to 200,000 cu. yds. of fill and truck it in. This could accelerate the Memorial Park issue.
          Councilman Kolber said in regard to the motion made at the January 31st meeting for the temporary solution for Sunset Park, was the first time we saw that proposal. In regard to the 140 cars, Councilman Kolber read from an e-mail he received from the Football Board of Directors, dated 2/13/07.
          Councilman Kolber spoke with the Parks Superintendent today and he has never seen a map of the project. He was told that there would be two small additional lots created.
          Councilman Kolber said his concerns are that it was being slammed down the neighbor's throats with no concern for the people who have obviously expressed a concern; and it is being presented with no budget or no funding. He wonders who is going to pay for it. He is not against parking as it is needed, but we need to know where we are going with it.
          Councilman Weiss asked if it is clear that we got a report from the football board. Supervisor Hallock said she believes some of that information is hearsay. Councilman Kolber said it is from someone who talked with the football board.

Motion by Councilman Casilio, seconded by Councilman Bylewski to authorize the Supervisor to sign the ESI Employee Service Agreement renewal for the period of February 1, 2007 thru January 31, 2008. The agreement has been reviewed and approved by the Town Attorney. On the question, Councilman Bylewski said this is the employee assistance program, EAP that we offer. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio said he will hold off on the false alarm report until the next meeting. We are reviewing the rate schedule being charged for false alarms.

Councilman Casilio said he worked with Winterfest Committee of the Clarence Chamber of Commerce. It was a nice event even though it was quite cold that day. It was another successful event that we can be proud of.

Councilman Casilio announced that William Dickman has resigned from the Senior Center Board of Directors. There are now three openings on that board. Applications are available on the Town website.

Councilman Casilio reported that we are in labor negotiations with the white collar and blue collar units. They are moving along nicely.

Councilman Casilio announced that Supervisor Hallock will be giving the "State of the Town" address at the Chamber meeting tomorrow night at the Red Mill.

Councilman Casilio said he has been working on a video surveillance system for the bike path system. It is meant to be a deterrent for anyone wishing to do bad things on our bike path. He has been working with four different vendors. It will be turned over to the newly formed security advisory committee for a recommendation.

Councilman Casilio said he is also working with a group from Harris Hill called the Morlando Committee to pick new light fixtures.

Councilman Casilio said this Town Board is aware of the ongoing conditions in Sunset Park. He thinks they were not treated fairly in the news and the handouts. He congratulated the football league in being successful and growing. We also understand that we have a responsibility to the people who live around the park. Moving forward with the temporary parking lot is first, for safety. We have people walking across Wehrle Drive. The parking situation was worse this fall due to the weather conditions. The Town Board moved forward to try and relieve the parking on Sunset Drive or across Wehrle Drive. We will also be working diligently with the football league to try to limit the effects of the sound system.
          Councilman Casilio said the football league has been very efficient in their operations costing the Town only $14,000 this year. A lot of it is because of their concession stand. Any plans to move the league is going to take at least three years to do. Councilman Casilio said he has talked to the high school and they would be able to make their field available on Sundays.
          Councilman Casilio said we are aware and safety comes first on the list.

Supervisor Hallock reminded everyone taxes are due tomorrow, the last day to pay without any penalty.

Department Reports

Dawn Kinney, Youth Director and Michele Orvis, Program Coordinator reported on the Youth and Family Needs Survey Results. The full report is about 61 pages and is available on the Town website.
          Mrs. Kinney said in May 2006, the Youth Department, along with the Clarence School District contracted with the University of Buffalo to gather data on the needs of the youth and families in the Town. The methods used were focus groups, face-to-face interviews, hard copy and online surveys and review of existing survey data from the Middle School and the High School.
          Interviews were done with Town Judges, faith leaders in the Town and focus groups at the Middle School and High School.
          Students felt the top three issues were smoking, drug use and lack of parental supervision. Other issues were transportation, narrow-mindedness in the community, the feeling of isolation and lack of diversity in the town and in the schools. They also feel the pressure and stress and relationship problems.
          The Judges felt issues include underage drinking, drinking and driving, and substance abuse.
          Faith leaders were hearing stories right from the youth about inappropriate sexual behavior on buses, lack of feeling of belonging and lack of positive mentoring.
          One of the questions asked was where do the youth turn for help with issues of concern. The answers were they don't, they go to friends, some to parents, some to school counselors, churches, etc. Students will find belongingness in one way or another, be it positive or negative. Dawn said it is necessary for us to provide the positive experiences.
          Another question posed was if students felt it necessary to have a youth center facility in the Town. The response was mixed with some saying yes and some saying no. It would have to have the right image, transportation, tutors, a pool, a gym, an ice rink, a coffee shop, snack bar, etc. Faith leaders felt yes there was a need and would like to see something similar to the Pepsi Center in Amherst. The Judges felt it was a possibility but maybe difficult because we are so spread out and it would be difficult for kids to get to.
          They were asked for program suggestions. Students said trips, better advertising of programs already available, transportation, theme nights. Judges said finding more effective ways to deal with the adverse group. Adult mentorship programs to keep kids on the right track. Faith leaders said more recreation activities, more youth leaders and mentors and more arts and drama.
          The web survey was available for three months with 426 people responding. UB felt this was one of the best responses they have ever seen. 363 respondents were female and 63 were male.
          Fewer than 50% reported dissatisfaction with the variety of services available. Factors important to parents were interest by the child and the time of day. 75% felt there was a need for a community center.
          Recreation and sports came out as number one and two as needs. The third item was family oriented activities, which they are really going to look at.
          UB made some recommendations to help us for future planning: develop ways to get the information out; increase communication among the various agencies; increase opportunities for youth for multi-culture activities and experiences; build a facility for youth; help families receive support services; increase variety of programs; provide access to special services; educate youth about the problems in the Town; develop options for transportation; help children deal with the lack of purpose and meaning in their lives.
          Dawn Kinney said we need to hear what kids are saying and do something about it. She really promotes relationships with youth because they need the guidance and development and doing things as families. She thanks the Town Board for their support and commitment to her and the program.
          Supervisor Hallock thanked Dawn. She is available at the Town Hall.

Councilman Weiss said he spoke with Peter Wolfe and they came up with the idea of a regatta since we have a creek running through Town. If anyone is interested, they should give him a call.

Public Participation

Victor Martucci, President of Clarence Baseball Association and coach of the JV championship football team said he is the author the email referenced by Councilman Kolber. All of the members of the Town Board also received the email. Councilman Kolber asked to meet with him regarding his proposed compromise to deal with the Sunset Park issue. Mr. Martucci said he would take his outline to the members of the Board of the Football League, which he did. The only person he ever heard the reference of 140 parking spaces was from Councilman Kolber at their meeting on Saturday morning. He had not attended the work session as did Councilman Kolber and only assumed that it was the right number.
          Mr. Martucci said the football league is open-minded, though for the short term need to stay at Sunset for many reasons. They are willing to work with the neighbors to mitigate some of the nuisance issues and in the long term are very willing to work with everyone for a long-term solution. He wanted to make it clear that no one in the football league made the comment that the parking area had to be 140 spaces or was going to be 140 spaces. He got the number from Councilman Kolber.
          Mr. Martucci thanked Councilman Kolber for meeting with him. He also thanked the Town Board for doing the right thing in voting for additional parking because this is an accident waiting to happen.

Councilman Kolber said they had a very good meeting and he has come up with a proposal that he is willing to share with anyone who is interested.

Thomas O'Hare said he is concerned about the idea of temporary and he is surprised that there has been only one complaint. A sleeping dinosaur has been awakened in the Harris Hill area. Many people are extremely angry that the Town Board would do this without a public hearing and do it in secret. He suggests that there be no temporary parking and the football be moved to another location. He feels the citizens of the Harris Hill area are the victims. The Town Board has not provided adequate oversight.
          Mr. O'Hare said a second football field was put in over the last year and asked if it was approved. Supervisor Hallock said they were fully aware of it.

Town Attorney Steven Bengart reminded everyone that this is not a debate. It is the opportunity for the public to speak on the items for three minutes.

Mr. O'Hare said he is writing a letter that will be sent to the Clarence Bee, the Buffalo News and the NYS Attorney General to look into these allegations of impropriety.

Michael Bonk said the one complaint that was received was from him about the streets. They are very happy for the success of the program, but they have to be moved out of this park. This is overuse. The path back to the tennis courts is now being used as a two-way road. The little parking lot has about 8 spaces. All it costs for a football field is four highway cones and some chalk. Someone is going to get hurt.

Someswar Kasibhatla said he is concerned about the safety of his two young children who walk to the park without any sidewalks. The purpose of the parking lot is safety, but they do not want to have to worry about their children walking to the park next door. They do not want to see one problem created to solve another.

David Meli said if parking is a problem, why did the Board allow a second field to be built. Now they have more cars than ever. It will destroy an excellent suburban community.

Jim Tuohy said he is pro-youth sports and was involved in the Baseball Association. He is impressed to see the representation of the football league and congratulates them on their success and growth. They have clearly outgrown that little facility. He does not see where these parking spaces can be squeezed in on only 14 acres. He would like to know if it will meet Town ordinances and where is the access. He guarantees there will be many more complaints unless things change dramatically. He also asked if there was an environmental impact statement done on the development that has taken place so far. He thinks Chapter 143-1 of the Town Code has been repeatedly violated in many respects. They feel they deserve better.

Amanda Wojciechowski said she understands that is a small issue according to the State Environmental Quality Review Act, but she suggests that a traffic study be done. She took a strong note this morning that at her address on Circle Court today, her street was not plowed until she called. The Highway Department does a great job 99% of the time, but it was 1:30 P.M. The students had to walk to school through the snow.

Lynn Kawa said her main concern is the safety of children. She understands the football league's issue for safety also. She no longer feels safe with the increased amount of traffic to accommodate football. It is not fair to put their neighborhood in jeopardy.

Herb Guenther said in regard to zoning standards, in general, building structures within a community facility should match the character of the surrounding land uses. He applauds the football leagues growth, but this is a community facility and should operate for everyone. He does not know what the parking lot will displace. He is worried that this is a stretch by the Town to say this is within the zoning of community facility putting 100+ parking spaces. He is afraid we will lose that green space forever. If the Town Board is serious about temporary, they should make a motion that states it is temporary and will be removed in one year; and put in the budget the money to do just that.

Shannon Niesyty said she lives across the street from the park. The lighting is so ridiculous that they play shadow puppets on the kitchen wall. Half the time they are left on until midnight when no one is there. She asked that the Town Board consider the issues. The organization has outgrown the park.

Joe Rankin said he lives directly behind the park and believes that security should be increased. They should be on site if there are games in progress. There were teams from other towns playing on our field. He does not feel that should be allowed if our children are not involved.

Mary Voltz said it bothers her that things are changed in their little park and they are not notified. She found out from an email from Marty Powers that things could be drastically changed now. Football is way too big for this little park. There are other places for this. She resents not being informed about what is going on by the Town Board so that they could have a voice.

Beth Hess said she went to the Town Clerk's office to book dates in Sunset Park for the Harris Hill Mothers Club and for cub scouts. She was unable to book anything Monday through Friday during August because of football. Saturdays were also booked for games. As a resident of Circle Court she is also concerned about the increased number of cars using the entrance off of Sunset Drive if parking is added. She asks that they divide the activity so that is not so crowded and not add parking behind people's houses on Sunset Drive. She would hate to see anyone injured.

Mrs. Kasibhatla said nothing is temporary. Another suggestion is that parents could rotate attending the games. The park is too small to accommodate the league. We should change the lifestyle.

Al Hopkins said they need some assurance that normal procedures are followed here. He would hope it would go before the TEQR Committee. This area has terrible drainage. A parking lot of this size would require a detention pond. Proper review procedures should be followed.

A Public Hearing was held to consider adoption of the proposed amendments to Master Plan 2015. James Callahan said the changes reflect the general amendments to facilitate the potential adoption of an Adequate Public Facilities Law. They are broad in nature. In addition to those changes, we have the proposed Parks and Recreation Master Plan, which we had intended to incorporate by addendum. The Planning Board has recommended amending the Harris Hill Traditional Neighborhood District to clarify the architectural styles and scaling allowed along the Main Street corridor. All of these proposed amendments have been reviewed and recommended by the Planning Board and have received a Negative Declaration under SEQR.
          Speaking to the subject:
          James Blum said he has read all of the changes and he does agree with most of them, especially those related to adequate public facilities. In regard to parks development of 14 acres per 1,000 people, the number would be less than 10 acres if trails were not included. The National Parks and Recreation Association does not have a recommendation on how this should be handled. They have recommended a level of service approach. There is a statement in our Master Plan that should be changed to reflect the level of service.
          Councilman Bylewski asked if Mr. Blum was referring specifically to pages 24 and 25. Mr. Blum said there are two locations in the Master Plan that refer to the 14 acres. He does not think that is a reasonable comparison. Trails can be included or not included in the new numbers, but cannot be used for comparison because they were not included before.
          Councilman Bylewski said he believes the Parks and Recreation Master Plan component of this needs a little tweaking. The proposed amendment on page 29 should be taken out so that it is not included and they do not act on adopting a Parks and Recreation Master Plan tonight.
          Councilman Bylewski said that in regard to the proposed Parks and Recreation Master Plan, page 1-2 it talks about community and neighborhood parks. It specifically talks about Sunset Park as a community park and then later refers to it as a neighborhood park. That will require clarification. Other areas of the plan discuss site specific master planning that would come up if this is adopted.
          Councilman Bylewski said it may be a good idea as Sunset Park is being reviewed we could have a mini-master plan review started.
          James Callahan said all the amendments, except for the Parks and Recreation Master Plan component could be adopted.
          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 and after all interested parties having been heard, adopts the amendments to Master Plan 2015 regarding the Harris Hill Traditional Neighborhood District and the Adequate Public Facilities Law.
          On the question, Councilman Bylewski said we are not acting on the Parks and Recreation Master Plan as there are technical things to be worked out, as well as, the language on page 29 to adopt the Parks and Recreation Master Plan as Appendix F until the language is worked out.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a local law amending Chapter 229 Zoning of the Code of the Town of Clarence. James Callahan said we have recommendations for amendments to the Zoning Law adopted March 2005 from the Planning Board. A few minor glitches have been identified. These amendments will clarify some of the wording and straighten some things out after two years of enforcement. Mr. Callahan said he would consider them minor. The amendments include definitions of wetland buffer areas, wetlands and mature woodlands. The approved metal paneling has come up several times.
          Language was added to the Special Exception Use section to allow more discretion in reviewing those types of uses to give the Board more latitude.
          The corner lot language was not forwarded from the previous Zoning Law and much of it helps in enforcement.
          A Negative Declaration was issued under the State Environmental Quality Review Act. The amendments are ready for approval.
          Speaking to the subject:
          James Blum suggested that in the administrative section, he disagrees with the change in time before a concept approval becomes null and void. A plan can remain dormant for 6 to 24 months. He does not think that adequate public facilities planning can be done with these projects lying around.
          Mr. Blum said in the general provisions lot standard section, he believes there should be a specification for the width for the Town approved private driveways and roads needed for access by emergency vehicles.
          Mr. Blum said he does not think that a two-family home should be a right in the flood zone where density for septic systems must be a big issue.
          With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Supervisor Hallock 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 and after all interested parties having been heard, adopts Local Law No. 1 of the year 2007 amending the Code of the Town of Clarence, Chapter 229, Zoning. This local law shall become effective upon filing with the Office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule.
          On the question, Councilman Bylewski said in regard to Mr. Blum's one comment, there was a reason that we extended the time. James Callahan said it relates to the timing of the review and the process we go through can take up to 18 months or so. In regard to the duplexes, it has always been allowed.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for automotive service and sales operation at 10939 Main Street.
          Councilman Casilio said he owns property next door, so he will recuse from all discussion and decisions on this request.
          James Callahan said the location is the south side of Main Street, west of Davison Road consisting of an existing auto repair operation with a vacant diner. The property is located within the Clarence Hollow Traditional Neighborhood District. The applicant would like to use the former diner as an office for automotive sales. The Community Character Protection Board has reviewed the project and has forwarded a recommendation.
          John and Cheryl Burgher were present. Mr. Burgher said he would like to have a maximum of 10 cars on display. In regard to the stone wall, he would be willing to go 18 inches.
          Councilman Kolber commended the applicant on the wonderful presentation they submitted to the Town Board for review.
          Cheryl Burgher said her husband does not know she is going to say this, but her husband is 85% disabled and finds it very difficult to do the work he is currently doing. This is their chance to remain in the community, and refurbish a neglected property. They promise to do a great job because they are also very interested in keeping the charm of Clarence. She asked that the Town Board consider all of these aspects when making their decision.
          Supervisor Hallock said a resident spoke up at the last meeting with concern about storage of auto parts or vehicles at the rear of the property. Mr. Burgher said there would not be any outside storage other than the 10 vehicles.
          Speaking to the subject:
          Darlene Feinen asked that the Town Board grant the permit for the Burghers. She is also a long time resident of Clarence, as well as of the Hollow and she is happy to see this property cleaned up. She is active in the Clarence Hollow Association and the church council at Our Lady of Peace and both are thrilled that this property will be cleaned up and utilized. Her husband did the illustrations for the presentation.
          Jeff Feinen said the Burghers have a vested interest in the Town. He did take exception to the comment that the images were deceiving. They would never deceive anyone. Mr. Burgher is planning a great facility.
          Blake Burgher said the existing property is an eyesore. He is part owner of a landscaping company and it will look great. His Dad is a perfectionist in everything he does and the picture you see will be done. He asked that the permit be approved.
          Joe Daigler said he lives in the back of the property on Bodine and is representing some of the owners behind the proposed project. They do not really have a problem. What they are proposing looks nice and he hopes it stays that way. They are fine with the number of vehicles for display. The only concern was that junk would pile up in the back between the properties. They will be happy with the project as presented.
          With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on February 14, 2007 and after all interested parties being heard, grants a Temporary Conditional Permit to the applicant, John Burgher, for an automotive service and sales operation at 10939 Main Street subject to the following conditions: 1. The Temporary Conditional Permit is granted for one year. 2. Maximum of 10 vehicles for sale and 5 for employees. 3. No Outside Storage. 4. Stonewall height of 18" to continue the Hollow theme and screen the parking and sales area. 5. Parking lot striped.
          On the question, Councilman Kolber said he is normally not in favor of used car sales operations. However, in this situation with the improvements to the building and the area, it outweighs the negative. His only concern is how do we tell the next person no.
          Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a drive-thru facility at 5445 Transit Road.
          Councilman Weiss said he will recuse from discussion and decision of this request as his company has a business relationship with the owner.
          James Callahan said the location is in the Dairy Queen plaza involving a drive-thru facility for the previously approved addition to the plaza.
          Phil Silvestri and Ron Grimm were present representing the applicant. Mr. Silvestri explained the layout and said there will be very little impact on the site.
          James Callahan added that the conditions for a Special Exception Use Permit have been met.
          Councilman Kolber said his only concern is cars turning around. Mr. Silvestri said they will be going around the building.
          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 Kolber, seconded by Supervisor Hallock to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on February 14, 2007 and after all interested parties having been heard, grants a Special Exception Use Permit to the applicant, HD Cafe, for a drive thru facility at 5445 Transit Road in the existing retail plaza.
          Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

A Public Hearing was held to consider the request for a shift resolution for Metal Mart International, Inc. regarding relocation to the Tonawanda Empire Zone.
          Scott Switzer said his intention is to follow the rules of the Empire Zone and the application process to move his two-man sales office to Tonawanda and open a sales distribution facility.
          Supervisor Hallock said the purpose of the Public Hearing is that Metal Mart International, a company located in Clarence is moving their operation to an Empire Zone in Tonawanda. This is referred to as a shift of operations from one municipality to another. The local governing body from which the operation is leaving must hold a public hearing and adopt a resolution for approval.
          This is the second request we have had for this type of resolution.
          Councilman Bylewski said the other company owned the property and this company is leasing property.
          Town Attorney Steven Bengart said we will need, for the record, information on whether there were any leasable sites available in the Town of Clarence.
          Mr. Switzer said there is leasable space, but not suitable space for his company. He had two different realtors and neither one brought him a space to look at. He did some research on his own and nothing was suitable for their operation.
          Town Attorney Bengart added that the Clarence Industrial Development Agency was unable to match the incentives offered by an Empire Zone.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Supervisor Hallock to adopt the following resolution:
          Whereas, Metal Mart International, Inc. is a specialty metals service center headquartered in Commerce California currently leasing realty as a sales office located at 8340 Main Street in the Town of Clarence, New York; and
          Whereas, Metal Mart International, Inc. opened the 8340 Main Street Office in February of 2004 employing 2 sales persons; and
          Whereas, Metal Mart International, Inc. due to increased business, is expanding its operation to include a distribution/service center to better serve its customers as a stocking point in the Eastern United States and the United Kingdom; and
          Whereas, the facilities in the existing location in Clarence is not adequate for the expansion process; and
          Whereas, Metal Mart International, Inc. looked for suitable property in Clarence that would be large enough to accommodate the expansion of its facilities to include a distribution/service center but could not find comparable space; and
          Whereas, Metal Mart International, Inc. determined that the relocation of the Clarence facility to the Riverview Commerce Park in Tonawanda offered it the best option for being able to accommodate the expansion of its operation and will enhance its chances of success and further growth, which is good for the larger community of Erie County.
          Now therefore be it hereby
          Resolved, that the Clarence Town Board, after a public hearing being duly held on February 14, 2007, and after all interested parties having been heard, consents to the relocation of Metal Mart International, Inc. from Clarence, New York to the Riverview Commerce Park in Tonawanda.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock stated that Items 16, 17 and 18 have been removed from the agenda at the request of the applicants.

Dr. Altman requests Preliminary Concept Review for construction of a new medical office building at 8421 Sheridan Drive.
          Councilman Casilio said he will recuse himself from discussion and decision on the request, as the project is being represented by a family member.
          James Callahan said the location is the south side of Sheridan Drive, west of Harris Hill Road consisting of an existing residential property in the Restricted Business Zone. The applicant proposes to demolish the existing residential structure and erect a new building.
          Dr. Altman said he currently owns the property and would like to move his practice from Williamsville to this location. It will double his current size and increase his staff.
          Phil Silvestri, Architect and Mary Powell, Construction Manager were both present. Mr. Silvestri said the parking is located to the rear of the building. They will be required to go to the Zoning Board of Appeals for sideyard setback variances for the parking area and garage. The front yard will be used for the septic system and storm water detention. The building perimeter will be landscaped. The building will not have a basement. The roof is pitched and siding a brick veneer.
          Councilman Bylewski asked how old is the building that is to be demolished. Mr. Callahan said it is less than 50 years old.
          Councilman Kolber said he is looking to see what the impact would be to the existing neighbors. Mr. Silvestri said it is a long narrow site with a 4,700 sq. ft. long narrow building.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for Preliminary Concept Review for construction of a new medical office building at 8421 Sheridan Drive to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Waterford Village Bank requests Amended Development Plan Approval for new banking facility at 8411 Main Street. James Callahan said the location is the south side of Main Street, west of Harris Hill Road in the Harris Hill Traditional Neighborhood District. The applicant previously has received Development Plan and Architectural Approvals. The applicant is seeking modification to the site plan and architectural amendments to change the faηade and roof line designs.
          Kathleen Fleming, President said they were approved for 11 parking places. They would now like to add three more spaces at the front of the building. Also, they would like to reduce the pitched roofs to one on the clock tower only for structural reasons. Ms. Fleming said she would also like to change the brick to two colors. They are adding more clock faces to the tower.
          Councilman Bylewski said our zoning prohibits parking in the front. She would have to apply for a variance from the Zoning Board of Appeals.
          Councilman Kolber said he likes the two color brick and thinks it is more appealing.
          Phil Silvestri said the screen walls are a thin wall for the purpose of screening the mechanical equipment on the roof and are not strong enough to support a roof. In order to change the structure of the building to accommodate roofs would be very costly to the project.
          Councilman Bylewski said there has been concern by individual members of the Planning Board about changing the architecture. He believes the two-tone does add to the look and there is not a flat roof.
          Motion by Councilman Weiss, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, the Clarence Town Board hereby grants Architectural Approval to the applicant, Waterford Village Bank, for the amended Architectural elevation and the two brick design.
          On the question, Councilman Kolber said he is aware that the Planning Board spent a lot of time on this project and he debated if it should go back to them. He feels that the appearance will be more appealing.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Joseph Piparo requests a Public Hearing to consider a Special Exception Use Permit for automotive sales at 6585 Transit Road. James Callahan said the location is the east side of Transit Road, north of Miles Road in the Major Arterial Zone.
          Joseph Piparo said his current business is in Buffalo and he would like to expand to this location.
          Councilman Bylewski said things to be considered at the public hearing would be architectural style, number of cars for display, striping the lot, etc. Mr. Piparo said he has discussed with the owner and the realtor that the place needs an extensive amount of work including drainage, blacktop, elevation changes and faηade changes. The owner will not sell the property.
          Councilman Kolber suggested he speak with James Callahan. The building needs a lot of attention.
          Councilman Bylewski said as he is preparing, he could review Town Code Section 229-29 regarding a Special Exception Use Permit.
          Mr. Piparo said he would accept vehicles and ship them over to his other location for work. This location would be for sales of upper end cars.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for March 14, 2006 at 7:45 P.M. to consider the request for a Special Exception Use Permit for automotive sales at 6585 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Uncle Bob's Self-Storage requests Concept Approval for construction of a new storage building at 8175 Main Street. James Callahan said the location is an existing facility on approximately 4.2 acres in the Commercial Zone. The applicant would like to acquire and demolish existing residential structures to make room for additional storage buildings.
          Councilman Weiss said he will recuse himself as he has a business relationship with one of the owners.
          Don Swanson, Apex Surveying and Engineering Services said they would like to demolish the existing buildings. James Callahan said age and identity of the buildings for demolition would be incorporated into the environmental review process. The lot will be combined with the existing parcel. It is not visible from Main Street. Access will continue to be from the current drive.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to refer the request by Uncle Bob's Self-Storage for Concept Approval for construction of a new storage building at 8175 Main Street to the Planning Board. On the question, Councilman Kolber said they should be looking at the building, connectivity, faηade, nature screening, etc. Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

Love Your Dog requests a Change-In-Use to expand an existing dog grooming facility to include boarding at 6989 Transit Road. James Callahan said the location is the east side of Transit Road, north of Stahley Road in the Old Country Barn.
          Janice Jabcuga and Mark Spoth were present. Janice Jabcuga said there is an empty garage behind the barn that she could use, but would have to expand it by adding a metal building. There would be more space for parking and for kennel runs. The entire property would be fenced in.
          Councilman Weiss said they are concerned about barking dogs being a nuisance to the neighbors.
          Ms. Jabcuga said it would be run differently than a kennel. There would be suites for the dogs and "real life" rooms with couches and TV's. Staff are on site all of the time with the dogs. The area outside is quite large. She currently has 60 to 70 dogs on site at one time for daycare and has never had a complaint. The business includes daycare, grooming and training.
          Councilman Bylewski said metal buildings are prohibited in a Traditional Neighborhood District.
          Mark Spoth said he owns the property and Janice approached him with this new proposal and a rent-to-own proposition. The building is rented for the next few years. He suggested she expand the existing building in the back. She would retain adequate parking.
          Motion by Councilman Kolber, seconded by Councilman Casilio to refer the request for a Change-In-Use to expand an existing dog grooming facility to include boarding at 6989 Transit Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Lenco Lumber requests a Public Hearing to consider a building material supply operation within the existing structure at 8075 Sheridan Drive. James Callahan said the location is the south side of Sheridan Drive on the access road to Eastern Hills Mall. It is an existing vacant space in the Major Arterial Zone. The applicant is proposing to occupy half of the former furniture store building.
          Rocco Lucente was present representing Lenco said the building will not be modified. They would like to occupy half of the building as it exists. They can use the existing loading docks on the west side of the building.
          Motion by Councilman Weiss, seconded by Councilman Casilio to set a Public Hearing for March 14, 2007 at 7:50 P.M. to consider the request by Lenco Lumber for a Special Exception Use Permit for a building material supply operation within the existing structure at 8075 Sheridan Drive. Upon roll call – Ayes: All; Noes: None. Motion carried.

Mike Arno requests Minor Subdivision Approval to create two additional building lots at 5850 Kraus Road. James Callahan said the location is the west side of Kraus Road, south of Clarence Center Road consisting of approximately 11.3 acres in the Agricultural Rural Residential Zone. This request is in compliance with all zoning regulations. It will require an action under SEQR.
          Mike Arno was present.
          Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Minor Subdivision request to create two additional building lots at 5850 Kraus Road. This Unlisted Action involves the creation of two additional building lots. After thorough review of the submitted site plan and the Environmental Assessment Form, it has been determined that the proposed action is consistent with the adopted comprehensive Master Plan 2015 and local land use regulations and 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 to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Minor Subdivision approval for 2 additional building lots to the applicant, Mark Arno, for the property located at 5850 Kraus Road with all appropriate Recreation and Open Space Fees to be assessed.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Dunkin Donuts requests a Public Hearing to consider a Special Exception Use Permit for a drive-thru facility at 9430 Main Street. James Callahan said the location is the north side of Main Street, west of Goodrich Road. The Planning Board has forwarded a recommendation on the Concept Plan.
          Motion by Supervisor Hallock, seconded by Councilman Kolber to set a Public Hearing for March 14, 2007 at 7:55 P.M. to consider a Special Exception Use Permit for a drive-thru facility at 9430 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.

Marty Powers spoke regarding Sunset Park. The residents of Harris Hill adjacent to Sunset Park have been neighbors with Little League Football for nearly 40 years. The league has grown exponentially and now dominates the park. Each expansion of the league's use has reduced their ability to make use of the park.
          The residents have no animosity toward the Football League. It has become obvious that the League is outgrowing the park. Installation of fields mean there is no room for picnic and playground equipment that other parks in Clarence have. Fans must park across Wehrle Drive to attend the games.
          Mr. Powers said the residents of Harris Hill did not create this unsafe condition. The League did not plan for fan safety when it built too many fields in such a small park. The residents of Harris Hill will not put their children or themselves at risk or donate the value of their homes to the League to improve efficiency.
          The Harris Hill residents feel they have been left out of any decision making for a solution, which most affects them. Mr. Powers said he believes that the temporary parking lot is the worst conceivable solution. Any internal parking would necessitate people driving through the park. Parking at the northern edge adjacent to the homes on Sunset requires a buffer of 45 feet between a parking lot or driveway and a residential area. It seems that what was approved was a conceptual idea with no plan, no budget, no environmental impact planning and no idea how to pull it off.
          They have put up with traffic on their streets, cars and lawns, debris in their yards and arrogance in their park. It is time to ease the burden on this tiny park. Alternative fields exist now and could be ready this fall. A large town park with adequate parking exists now. A new comprehensive sports center at Memorial Park is under construction now.
          Mr. Powers said we need the following: Mitigate the pressure on Sunset Park now by moving some portion of the League to the Town Park this year and no new parking may be needed; Start long range planning process to reunite the entire league in Memorial Park as the fields come on line; and rescind the vote taken on January 31st for a temporary parking lot.

Councilman Bylewski said it is his understanding that Sunset Park is zoned community facility and there are different zoning requirements versus other commercial type ventures, such as buffering. The proposed solution that is being looked at is a Type II Action under SEQR.

Clarence Little League Football re: parking at Sunset Park. Robert Blackmore said he has lived in Clarence for over 50 years and watched it grow. Sunset Park has developed into a sports arena because that is how football started in 1962. We did not have as many problems until the Town started growing and more children got involved. The traffic at Wehrle and Harris Hill is very busy and could be a dangerous situation. They buy the most expensive safety equipment for the kids to play the game, and we must extend that safety out to the streets where they come in to play.
          Mr. Blackmore said they thank the Town Board for their bold approval to have a plan. They need to have a temporary solution to get through the next few years. Moving some of the teams to another place is not the answer. There are league rules that they must follow, which does overlap the teams coming in. He understands where the neighbors are coming from, but it behooves all of us to talk and come up with a plan. He again, thanked the Town Board for their support.

Paul LoVullo, V.P. of Football Association thanked the Town Board for the vote for additional parking. It is a proactive approach to address a safety issue. He also thanked them for walking through the park and listening to their problems. There is a short term issue for additional parking. The long term issue is to look at moving to another facility. It does take three years to put in a football field. If they were to play on the softball fields, they would rip them up. If they were to split the league up to play at different locations, it would double their expenses. People were complaining about teams coming in from other places. This is not a house league. They travel all around the area.
          Mr. LoVullo said there have been some negative things written about the league. They welcome the chance to be heard. He thanked the Town Board for their tuff vote. They want to stay where they are until a new location is available. Everyone needs to work together to see this through.
          Councilman Kolber asked how many teams there are in the league. Mr. LoVullo said there are six teams, four in one league and two in the other. The overlapping will always occur because they have to do a weigh in before each game.
          Councilman Casilio said he voted for the temporary parking lot. He envisions that to be off of Wehrle Drive. They do not have the funding in place and are hoping for some donations.
          Councilman Kolber said the parking being proposed was along the houses on Sunset.
          Supervisor Hallock said at the Capital Improvements Meeting last week, the Town Engineer Joseph Latona, Highway Superintendent Ted Donner and Parks Crew Chief John Burns had some additional ideas. We are not going to debate about lots tonight.
          Councilman Weiss said the Supervisor proposed getting the Recreation Advisory Committee, the Football League and the neighbors together to work on a resolution.
          Councilman Kolber said there was no definite plan and the number of cars was thrown around.
          Councilman Bylewski said someone suggested the possibility of working out something with Harris Hill School for parking and shuttling people to the park. He does not know how feasible that would be, but he asks that it be considered. Football has stated that they will address the noise and light pollution issues. We have Mike Powers, along with the Recreation Advisory Committee willing to work with all of the interested parties to come to a resolution. He also brought up earlier to work on a mini master plan for Sunset Park, which would involve all of the residents.
          Councilman Weiss said we have to look at drainage, elevations and a lot of other things. Nothing has been set in stone until everyone does their part in the review process.
          Councilman Kolber said the numbers came from an e-mail from Robert Blackmore. Councilman Weiss said what he is reading is just some of the ideas that are being discussed.
          Town Attorney Steven Bengart said as we go forward, this agenda item is for the Football League.
          Joe Welchoff, Commissioner said they have expanded Clarence Football, but not dramatically. The fields have to be approved by the Board of Directors of both leagues. They must be a minimum of 85 yards with no existing structures near the field and there must be emergency access all the way around the field. Councilman Bylewski said this information would be valuable to the Town as we develop a master plan for the park.
          Mr. Welchoff said there was a survey done a few years ago and they did mention that they were outgrowing the park and would need a larger facility down the road. Everyone understands the issue and they are willing to work toward a resolution. They have approximately 200 – 250 football players and about 100 cheerleaders.
          Mr. Welchoff also clarified that there is only one game field at the park. The direction and placement of the lights was done in conjunction with the Parks Department.
          Councilman Casilio said they do not want to make any more improvements at the park.
          Supervisor Hallock said we would like to have the thought process done by April 1st. Everyone will get together to work toward a resolution.
          Councilman Kolber said he is not the enemy and wants a resolution that satisfies everyone. He feels that he has to protect the citizens in the neighborhood.
          Councilman Kolber complimented all of the football players who were present on how well behaved they were here tonight.
          Councilman Casilio said we are looking to move the league to Memorial Park and need to know what will be required. That is the long term solution to this issue.
          Supervisor Hallock said when we say we will have the Recreation Advisory Committee meet with the neighbors, they will meet with them.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications – A. Girl Scout Troop 1005 3rd Monday each month 2007; B. Clarence Conservative Party – Feb. 22, 2007; C. Clarence Baseball Association – March 26 & April 25, 2007; Legion Hall Applications – A. Tina Battaglia – March 4, 2007; B. Sriti Hossain – March 17, 2007; C. Edna Bugenhagen – March 25, 2007; D. Donna Albrecht – March 30, 2007; and Patricia Raquet – March 31, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of January 25, 2007 are approved for payment: General Fund - $117,581.51; Highway Fund - $52,096.49; Community Development Fund - $300.00; Water District - $1,469.10; Drainage District - $206,529.93; Lighting District - $1,092.37; Sewer Districts - $454.59; Capital Fund - $23,031.87; and Trust and Agency 203 - $2,089.98 for a total amount of $404,645.84. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of February 8, 2007 are approved for payment: General Fund - $105,841.21; Highway Fund - $45,587.92; Water District - $33,915.86; Sewer Districts - $7,735.00; Capital Fund - $350.00; Trust and Agency 202 - $101,069.89 and Trust and Agency 203 - $11,262.87 for a total amount of $305,762.75. Upon roll call – Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

David Hess thanked everyone for their time and effort put into the issue. He has tried to bite his tongue tonight, but he is the superintendent of buildings and grounds for Cleveland Hill School District and they do not have lights on their football field. The field is maintained by one man with regular grass seed.

Lynn Kawa agreed with the comment on how well behaved the young men were here tonight in support of their organization. She said if her 3 and 5 year olds did not have to be in bed three hours ago, they would also be here and be well behaved in support of not having their neighborhood destroyed by this plan. She has inquired when the parks would have new toddler equipment and was told it was being phased in. She feels all of the money is being spent on this one organization.

Tom O'Hare said there has been a lot of dialogue this evening regarding football, but one significant point is that the Town has offered alternate sites to the football league and they have refused to move. There is clearly an unsafe situation. Do not contribute to it by adding another field and more cars. If there is a serious injury, it will be the Town's fault.

David Meli said he is not against the football league. The solution that has been presented increases the possibility of harm to the football children and the children of their neighborhood. There is already not enough room and cannot work. The shuttle is a good idea. The temporary parking lot is a crock.

Billy Bergmann said he has played on the Bull Dogs his entire life and he lives in the neighborhood. They talk about problems with the lighting, but he has never had a problem. In regard to the sound, he does not have a problem, but sees that it might be if you lived closer. He does not think anyone understands how good the Bull Dogs are and he wants them to be around for a long time.

Ryan Connolly thanked the Town Board for being here and listening to everyone's opinions. He hopes that there can be a resolution on behalf of both sides.

Amanda Wolciechowski thanked the Town Board for listening tonight and hopes they find a resolution that suits both the football league and the residents. She thanked the football league to make an attempt to turn the sound down.

Joe Rankin said if someone gets hurt at that park, he will be here looking at each and every one of the Town Board. They will have to answer to him. He is also going to be here every other week because he knows they are here on Wednesdays. He appreciates what they are doing and he would like to get involved in the process.

David Byron said he was a football coach and has been involved in sports his whole life. He has never seen what he has seen here tonight. The credibility of the Board has to be dealt with. They could not answer the question, yet we have watched this neighborhood park turn into a sports facility. The Board does not recall voting to approve lighting or anything. Now there are commercial signs.

Beth Hess said she would like to be on the committee to work on a resolution. She hopes it would not be at 2:00 in the afternoon when people are working or getting their children off the bus.

There being no further business, Supervisor Hallock adjourned the meeting at 11:32 P.M. in memory of two Clarence ladies who recently passed away, Annette Kraft and Betty Smolka, a veteran of World War II and an active member of many committees including the Bicentennial Committee.

Nancy C. Metzger
Town Clerk