02/28/07


A Work Session of the Clarence Town Board was held on February 28, 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 Highway Superintendent Ted Donner, Town Attorney Steven Bengart, Director of Community Development James Callahan, Director of Administration and Finance Pam Smith, Senior Building Inspector David Metzger and Asst. Town Engineer Tim Lavocat.

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

Motion by Councilman Bylewski, seconded by Councilman Kolber to adjourn the Executive Session. Upon roll call - Ayes: All; Noes: None. Motion carried. Action taken.

The work session resumed at 6:10 P.M.

James Callahan - Director of Community Development

Public Hearings:

Public Hearing @ 7:45 P.M. - Annual Master Plan review.

Public Hearing @ 7:50 P.M. - To consider the purchase of approximately 20+/- acres of vacant land at 5430 Old Goodrich Road.

Public Hearing @ 7:55 P.M. - To discuss issuing a statement of intent to issue bonds or notes to finance the acquisition of property at 6995 Heise Road.

Formal agenda items:

Noel Dill 9015 Main Street
Applicant is requesting approval to hold an annual Special Event. The event will take place in a large barn located on 10+ acres of vacant land on the south side of Main Street, east of Shimerville Road zoned Commercial and Restricted Business. Per previous approvals, parking to be directed off-street, hours of operation should be controlled as identified in the application. (At the request of the applicant, this item is removed from the agenda).

Greatbach Inc. 10000 Wehrle Drive
Applicant is seeking Town Board approval to remove restrictive covenants on the property. The proposed site is located on the north side of Wehrle Drive, east of Shisler Road. The existing industrial facility is located on approximately 325+ acres zoned Industrial Business Park. The existing deed restrictions on the property will require Town Board approval to allow for future development of the vacant portion of the property. (At the request of the applicant, this item is removed from the agenda).

The Home Depot 4139 Transit Road
Applicant is seeking approval for an extended tent sale for storage of patio furniture from May 1 - July 16th. The Home Depot is located on the east side of Transit Road, north of Wehrle Drive on 14.9 acres in the Major Arterial Zone. Location of temporary structure and impact upon traffic flow and parking should be addressed.

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. Display area location and number of vehicles proposed for display should be addressed.

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. This project will create a substantial increase in the square footage however; the building is located in a Commercial Zone so a Special Exception Use Permit will not be required.

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 the north side of Main Street east of Kraus Road 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. The neighbors should be notified of this project and some type of buffering implemented.

Garry Daigler 8255 Wolcott Road
Originally two properties were combined into one; the applicant is now seeking approval to split the lot to create an additional 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. (Removed from agenda, this request does not require Town Board action).

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. The proposed structure will be used strictly for storage purposes.

Autistic Services 4444 Bryant & Stratton Way
Applicant is proposing to add additional space to the existing facility. The proposed site is located on the west side of Bryant & Stratton Way, north of Main Street The area is located in a commercial classification.

Jack Wilcox
Applicant is proposing to provide a secondary access to the Open Development area by constructing an additional driveway to Hillcrest Drive. The proposed site is located on the north side of Main Street, west of Hillcrest Drive. All conditions of the Open Development area section of the Subdivision Law are met. The area is located within the Clarence Hollow Traditional Neighborhood District.

David Huck/Regent Development Inc. 6095 Transit Road
Applicant is seeking approval to clear a portion of the vacant lot in advance of pending Development Plan approval on Phase II of Transit Center. The proposed site is located on the east side of Transit Road, south of Woodbridge Lane on existing vacant land consisting of 2.92 +/- acres zoned Major Arterial. Development Plan approval is imminent and will most likely occur at the next Town Board meeting.

Ranchview LLC, 10035 Clarence Center Road
Applicant is proposing to subdivide the lot to create an additional residential lot. The proposed site is located on the south side of Clarence Center Road, east of Kraus Road. The existing single-family residential lot consists of 300' of public road frontage and 5.6+/- acres in the Agriculture Rural Residential Zone.

Work Session items:

Benderson Development 9455 Main Street & west of 9315 Main Street
Applicant is seeking approval to clear lots and demolish existing buildings to market the parcels for future commercial development. The proposed site is located on the south side of Main Street opposite Goodrich Road and east of Thompson Road in a Commercial Zone.

Don Stiglemeier 10505 Greiner Road
Applicant is seeking a variance from the Subdivision Law to allow for development of a one lot Open Development Area on a reduced lot size. The existing vacant lot has 66' of public road frontage and 1.84 acres in the Residential Single-Family Zone. The proposed site is located on the south side of Greiner Road, east of Hillcrest Drive. The Planning Board is recommending the Town Board consider a variance and should refer to Section 193-9 (Variances) of the Subdivision Law.

Supervisor Kathleen Hallock

  • John Thur is scheduled for the March 7th morning Work Session; he will give an update on the hockey rink. Mike Neumeister will be present at the April morning Work Session to discuss the Capital Improvement Plan.
  • The Supervisor's office has advertised for part time clerks. Supervisor Hallock and Karen Jurek interviewed yesterday. A motion will be made to appoint Nancy Meyer. Interviews will continue.
  • Supervisor Hallock will make a motion authorizing the Town of Clarence Baseball Association to install advertising signs along the outfield fencing at Memorial Park, Sunset Park, Meadow Lakes Park and Town Place Park for a period of one year to be renewed annually.
  • Supervisor Hallock attended a session on Action Plan for Town and Village Courts in NYC. The point of the action plan is to improve fiscal practices and administration of local courts. In some parts of the State, technology has not kept up with State mandates, they would like uniform reporting. The Action Plan will assist courts with grants of up to $30,000 per year. There are seventeen supervising judges across the state. The judges initiate contact with the Office of Court Administration and then the Judges come to the towns. Judge Sillars submitted a copy of the letter he sent to the Supervising Judge asking for a comprehensive court security assessment. They will supply consultants on security and architecture.
  • Supervisor Hallock spoke with Gerry Sentz from Erie County DPW regarding the roundabout. Mr. Sentz knew nothing about the County going forward with the roundabout. Charlie Sicklar from Erie County DPW stated that “the County will do nothing without the consensus and approval of town residents and Town Board". Publicity, any mailings etc. will be better handled this time.
  • At their last meeting, the Clarence IDA amended a prior inducement resolution for Stonegate South and also approved inducement for Dash Market for non production equipment. Both of these properties are in the Main Street Enhancement Zone.
  • Supervisor Hallock heard from a Montana museum regarding the paintings in the Clubhouse. Councilman Casilio will inquire as to the appraisals for the Rolfs Clock as well as the paintings.
  • Mike Powers met with Martin Powers relative to Clarence Football League and Sunset Park. Mr. Powers is meeting with the Football Association on March 14.
  • It has been brought to Supervisor Hallock's attention that the Clarence Baseball Association has booked thirty pavilion dates for Clarence Travel Baseball tournaments at both Town Place Park and Meadow Lakes Park. In the past, they booked two or three weekends in May and June at the Meadow Lakes Park. The Town Board felt that this was excessive. Tomorrow is the first day for town residents to book pavilions for the summer; Clarence Baseball has ten dates already booked at Lions Den Pavilion. Councilman Weiss will discuss this with Parks Crew Chief John Burns.
  • Supervisor Hallock has two items for Executive Session.

Councilman Scott Bylewski

  • Councilman Bylewski announced that the Town received a check in the amount of $74,435.74 from Time Warner Cable.
  • Councilman Bylewski received bankruptcy information relative to Adelphia Cable.
  • Councilman Bylewski spoke to a representative from Verizon about providing cable service to the Town of Clarence. At this time, Verizon does not have any plans to add fiber optic or cable TV in 2007 or even 2008.
  • Councilman Bylewski received Amherst Central Fire Alarm Annual Report for 2006.
  • Councilman Bylewski will report that the BDT facility that was formally located in Clarence and has since moved to Canada caught on fire.
  • Councilman Bylewski is trying to set up a meeting with Joe Floss to discuss LOSAP. A court ruling has indicated that you can be any age to receive LOSAP.
  • Councilman Bylewski has a Resolution regarding the proposed Roundabout at Shimerville and Greiner Roads.
  • The TEQR Committee has forwarded several projects recommending the Town seek Lead Agency Status.
  • There was a situation at Harris Hill Elementary School regarding the Recreation Program. The program will continue however, Chip Trapper and Howie Johnt have split up the age groups based on time.
  • Councilman Bylewski received Performance Measurements from the Town Attorney, Planning Department, Youth, Recreation, Engineering, Building and the Parks Department.

Councilman Joseph Weiss

  • A request was brought up at the annual Sports League meeting to change the one way signage at the Soccer Center. Last year Councilman Kolber suggested two-way traffic up to the parking lot. Councilman Weiss will talk to Highway Superintendent Ted Donner about the change. There was also a request for lavatory facilities at Memorial Park.
  • Councilman Weiss inquired as to whether we received the water flow numbers from Erie County. Supervisor Hallock stated that a letter was sent however, we have not gotten a response.

Councilman Bernard Kolber

  • Councilman Kolber has three items to discuss in Executive Session regarding the employment of individuals.
  • Councilman Kolber will make a motion to hire Greg Ribbeck at an hourly amount of $85 up to 100 hours. Tim Lavocat stated that Town Engineer Latona has talked with Greg and he indicated that he has not had a chance to look at the site because it is snow covered. Mr. Latona would like to meet at the site with Mr. Ribbeck when the snow melts, he may need a different machine which will increase the hourly rate.
  • The Library Board is scheduling interviews to find a replacement for Roseanne Butler-Smith.
  • Councilman Kolber is seeking pricing for an alarm system at the Clubhouse

Councilman Patrick Casilio

  • Councilman Casilio will give a brief summary on Avoidable Alarms for 2006.
  • Several commercial businesses have had over ten calls in one year. The committee will discuss raising the fines for repeat offenders. There is also an opening on the Avoidable Alarm Committee - Gary McNally is moving to Florida.
  • Dave Bissonette has met with the Clarence Senior Center to work out details for preparing the facility for a disaster center. Supervisor Hallock stated that a generator for that building was discussed at the Capital Improvement meeting, the spare generator will not be enough for the Senior Center however; it may be enough to keep the library running.
  • The Senior Center has talked to Youth Director Dawn Kinney regarding the Community Center.
  • Labor negotiation meetings have been scheduled weekly between both the white and blue collar union representatives.
  • The Town of Clarence Baseball Association is requesting Parks Security assistance during baseball games at Meadow Lakes Park. Security will be ticketing cars parked illegally.
  • Currently the Town has a security consultant working for us. Two people from Erie County Sheriff's Department have recommended cameras on the bike path. Councilman Casilio will conclude his work with the four companies he has been working with. Eire County has recommended a fifth company. Councilman Casilio will get back to the Board in the near future with recommendations and a decision can be made as to whether we want to move forward.
  • Councilman Casilio stated that Traffic Safety has received several requests including one from the school district for lowering the speed limit on Strickler Road between Greiner and Clarence Center Road. A four-way stop sign has also been requested for Greiner and Strickler intersection.
  • Councilman Casilio has three items for Executive Session.

Town Attorney Steven Bengart

  • Regarding the case of Marinaccio vs. Town of Clarence, Judge Sedita has recused himself and the case is now being reassigned to another judge.

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 discipline of a particular person and the appointment of a particular person, § 105(1) H the proposed lease of real property.

There being no further business, the Work Session adjourned at 7:07 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 7:30 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 28, 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 Patrick Casilio, followed by a prayer given by Monsignor Leising of Nativity of the BVM Church.

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, Asst. Town Engineer Timothy Lavocat, Asst. Director of Community Development James Hartz, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of the previous meeting held February 7, 2006. On the question, Supervisor Hallock said she would like to clarify the stipends for the various sports organizations on page 42 as follows: TCBA was getting $12,000, Softball was $10,500 and Soccer was $14,500. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said the minutes of February 14, 2007 were not available yet for review.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint Nancy Meyer to the position of Clerk PT effective March 1, 2007 at the budgeted rate of pay. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that Debra Kasting asked to be removed from the list of Clerks P/T.

Motion by Supervisor Hallock, seconded by Councilman Kolber to appoint Tim Pazda as a member of the Bicentennial Steering Committee to fill an unexpired term ending 12/31/07. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize the Town of Clarence Baseball Association to install advertising signs along the outfield fencing at the following parks: Memorial, Sunset, Meadowlakes and Town Place for a period of one year to be renewed annually. The signs are to be white with green backing and are to be taken down at the end of the baseball season. Any existing signs that need replacement should conform to the color requirements. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that Items 14, 15 and 20 have been removed from the agenda at the request of the applicants. It is most likely that 26 will be removed also.

Supervisor Hallock announced that we have an opening on the Ethics Board due to a resignation with a term to expire 12/31/2010. Because no more than three members of an Ethics Board can be affiliated with the same political party, they cannot consider applications from people who are registered Republicans. Applications can be obtained on our website and in the Supervisor's office.

Supervisor Hallock said there are also three openings on the Senior Center Board.

Supervisor Hallock announced the Town's 199th Birthday will be celebrated at the Town Park Clubhouse on Sunday, March 11 from 12 to 4, preceded by a ceremony at the Eschelman Gravesite at the Clarence Center Cemetery at 11:30 a.m. The Birthday Party will feature historical displays, music, birthday cake, raffles and quilts. The events for 2007 – 2008 will be announced along with the winners of the Bicentennial t-shirt contest. The event is open to everyone.

Councilman Bylewski said he had announced a few weeks ago that we received a check from Adelphia/Time Warner for a portion of the franchise fee for July 2006. We have now received a check in the amount of $74,435.74 for August thru December.
          Councilman Bylewski said in regard to Adelphia's bankruptcy, we received a notice of “Entry of Order Confirming First Modified Fifth Amended Joint Chapter 11 Plan for Adelphia”.
          Councilman Bylewski said he has spoke with Verizon, as they have an interest in eventually supplying various municipalities with cable service. Clarence is not on the table as yet. They have a lot of other infrastructure to install before they get out to Clarence.

Councilman Bylewski said we received the 2006 Annual Report from Amherst Central Fire Alarm Office by Ray Braun, Senior Fire Dispatcher. The Alarm Office dispatches fire, rescue and emergency medical units for 16 volunteer fire companies covering 150 square miles in the Towns of Amherst, Clarence Newstead and the Villages of Akron and Williamsville. The fire dispatchers handled approximately 76,767 incoming and outgoing telephone calls and processed 22,052 requests for services.
          Mr. Braun stated in the report that during and after the days of the October 12, 2007 storm, the Fire Dispatchers, with little regard for their personal circumstances, staffed the office around the clock. The normal staffing is two per shift with three shifts per day. Due to retirement and vacation circumstances, eight dispatchers carried the operation with 4 or 5 working each shift. He is very proud to work with these individuals who have maintained the high standards set by their predecessors.
          Town of Clarence fire companies responded to the following in 2006: Structure Fires – 60; Motor Vehicle Fires – 5; Miscellaneous Fires – 154; False Alarms – 3; EMS Calls – 1,464; Motor Vehicle Accidents – 177; and Miscellaneous Calls – 750 for a total of 2,613 alarms for 2006.

Councilman Bylewski said we received word last Monday that the BDT operation that moved from the Town of Clarence to Canada also had an explosion. The information is available at www.citynews.ca/news. Councilman Bylewski read from the article stating that more than 100 people were forced out of their homes by a fire at a waste facility not far from Thoroid, Ontario. More than 75 firefighters were forced to wait around and watch it burn itself out. It was reported that Clean Harbors processed a wide variety of chemicals, including used lithium batteries and they were not sure which ones were involved in the blaze. As a result, a two kilometer-long block was completely emptied so tests could be conducted to ensure the air was safe to breathe. The cause of the blaze was unknown.

Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          WHEREAS, the Erie County Department of Public Works (ECDPW) announced the availability of the Final Design Report (FDR) and Notice of Preferred Alternative for the intersection of Greiner and Shimerville Roads; and
          WHEREAS, the ECDPW identified the roundabout alternative as the preferred alternative; and
          WHEREAS, the FDR is available for a thirty (30) day public review period beginning with the publication of the abovementioned Notice or until March 7, 2007; and
          WHEREAS, the ECDPW changed the intersection from a two-way stop control (TWSC) to an all-way stop control (AWSC) on October 15, 2003; and
          WHEREAS, no roundabouts presently exist in the Town of Clarence, and
          WHEREAS, the ECDPW conducted only one public information meeting, which was held on September 22, 2005, whereat Robert Miller of Nussbaumer & Clark, Inc., noted that data was “being gathered to conduct a proper study for the three years since the new all-way stop condition has been [in] place]”, (FDR, Appendix J, page 1 (emphasis added));
          WHEREAS, the FDR Accident Analyses, Appendix H, is dated February 2006, but only covers the period from October 15, 2000, to December 31, 2004, which is only a 14-month period of time and not three years; and
          WHEREAS, again at the only public information meeting, Charles Sickler, ECDPW Engineer, “promised to have a follow-up meeting as soon as possible”, (FDR, Appendix J, page 12); and
          WHEREAS, approximately one and a half years time have elapsed since that promise to have a follow-up meeting as soon as possible; and
          WHEREAS, U.S. Department of Transportation Federal Highway Administration Publication No. FHWA-RD-00-067 entitled “Roundabouts: An Information Guide” provides that the “first roundabout in an area requires greater education and justification efforts”, and that “[e]ffort should be directed toward gaining community and institutional support for the selection of a site for the first roundabout in an area”;
          NOW, THEREFORE, BE IT RESOLVED THAT the Clarence Town Board requests that the ECDPW re-examine its FDR because it neither includes any additional public meetings nor the necessary traffic study information; and
          BE IT FURTHER RESOLVED THAT the Clarence Town Board requests that the ECDPW take no further action on this “Intersection Improvement Project” until further meetings as promised are conducted and the proper traffic study is incorporated in the FDR; and
          BE IT FURTHER RESOLVED THAT the Clarence Town Board requests the ECDPW to reconsider all of the alternatives; and
          BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded by the Town Clerk of the Town of Clarence to: Ron Rolling, P.E., Locally Administered Project Liaison, New York State Department of Transportation; Michael Asklar, P.E., Traffic Engineer, ECDPW; Wayne S. Scibor, P.E., Supervisor of Engineering, ECDPW; Hon. Michael Ranzenhofer, Erie County Legislator; and Hon. Joel Giambra, Erie County Executive.
          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, the Town Board seeks Lead Agency Status and commences a coordinated review among involved agencies on the proposed Dan D'Andrea Demolition Permit. This Type I Action involves the demolition of structures greater than 50 years old at 5445 Salt Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency Status and commences a coordinated review among involved agencies on the proposed Town of Clarence Sign Law. This Unlisted Action involves the adoption of a new Sign Law by the Clarence Town Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency Status and commences a coordinated review among involved agencies on the proposed Town of Clarence Adequate Public Facilities Local Law. This Unlisted Action involves the adoption of a new law requiring review of educational facilities and emergency services prior to approving new projects. 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, the Town Board seeks Lead Agency Status and commences a coordinated review among involved agencies on the proposed Zoning Map changes. This Unlisted Action involves two zoning map amendments in conformance with the adopted comprehensive Master Plan 2015. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there was an article in the Bee today regarding a change at Harris Hill Elementary School for the Winter Recreation Program. There was a splitting up of the ages of the children and the times of activities.

Motion by Supervisor Hallock, seconded by Councilman Weiss to set a public hearing for Wednesday, March 28, 2007 at 7:50 p.m. to consider the purchase of the property located at 4650 Thompson Road, Town of Clarence, Erie County, New York at a purchase price not to exceed $136,250 plus any closing costs and disbursements subject to the terms and conditions of the conditional contract. The Clarence Town Board hereby issues its statement of intent to issue bonds or notes to finance the acquisition of said property. On the question, Town Attorney Steven Bengart said this is a contract that has been out there for several months. After extensive negotiations, the sellers had changed their mind, but are now moving out of the area and interested in the Town buying it. It is land the Town certainly wants. Councilman Kolber said it is a long narrow piece between the Senior Center and other land that the Town already owns. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said in regard to the proposed roundabout, the County was remiss in providing data from the time the stop signs were placed. He believes that the number of fatalities has gone down since they were installed. We would like to see that information.

Councilman Weiss said there were a number of requests by citizens regarding the sewer bills. They wanted to be billed by water flow and water use rather than some calibrations. We contacted the County to see if we could get accurate and timely numbers from them, but to date have not received them.

Councilman Weiss said it has been brought to our attention that the signage at Memorial Park has to be changed for better traffic flow. He will be working on that with the Highway Department to see how it can be changed.

Councilman Kolber said that Rose Ann Butler-Smith, our Library Director has accepted a new position within the Erie County Library System in Amherst. It was her last day today. He would like to extend our thanks to her for the wonderful job she did.
          Our Library Board will begin interviewing for a new Director.

Councilman Casilio reported that we had the following Avoidable Alarms in the 2nd Quarter of 2006 - 2007: 576 security alarm calls and 26 fire alarm calls. The Town receives net revenue of $2,070 for these Avoidable Alarms.
          Councilman Casilio said there is an opening on the Avoidable Alarm Committee for anyone interested. We are going to look at our billing rates. There are some habitual offenders year after year. There is not only the cost of the calls, but the safety issues involved.

Councilman Casilio said the Town Disaster Coordinator David Bissonette has met with the Senior Center to work on preparing the center as a shelter during times of emergencies.
          Youth Director Dawn Kinney has also been working with the Senior Center on the possibility of a community center and what both departments were looking for.
          Councilman Casilio said there are three openings on the Senior Center Board for anyone interested.

Councilman Casilio said the labor contracts are being worked on and moving forward progressively.

Councilman Casilio said he was contacted by the TCBA regarding parking problems on the lawns at Meadowlakes Park along Clarence Center Road. Residents are advised that Parks Security will be ticketing cars not in areas designated for parking.

Councilman Casilio said they are continuing to work on the wireless video systems for the bike paths. A report was received from our security consultant regarding the bike paths.

Councilman Casilio said we received a request for a speed reduction on Strickler Road from 55 mph. It is a County Road and our Highway Superintendent will contact the County to see what can be done.

Councilman Casilio said we received a resignation from Gary McNally who was a member of the Avoidable Alarm Committee, as he is moving to Florida.

A Public Hearing was held for the Annual Master Plan 2015 Review. James Callahan said as part of the adoption of the Master Plan, there is an annual review process. The purpose is to determine whether the adopted goals of the community are reflective of the changing conditions. It provides the public the opportunity to comment on these issues and if there is any new direction we should take.
          Speaking to the subject:
          James Blum complimented this Town Board for the many actions they have taken, especially in the areas of zoning and subdivisions. He suggested a review of the status of each action item as listed in Chapter 12 and be provided as part of the review. The residents would have an idea on where we stand with the items on the list.
          Mr. Blum said the figures for developed park land as stated in the Master Plan have been obsolete since 1996. He believes that gives us a false sense of security regarding the availability of land. We may not have enough online when we need it.
          Mr. Blum said he is proud of the job the Town Board and the Town Departments are doing every time he hears that Clarence and Orchard Park are more difficult places to meet the requirements to do developments.
          Councilman Bylewski said the Fiscal Impact Analysis of 2006 states that the Town issued 75 commercial and industrial permits, 37 of which added square foot area to the tax base. The total amounted to 285,424 sq. ft. area. The value of the added space equaled $14,816,000 or $52 per square foot. The most notable projects were: The Shops at Main Transit, MTIR, LLC on Research Parkway, Roy Jordan Office Complex on Main Street, Cesare Banach Office on Roll Road and Walgreen's Pharmacy on Transit Road.
          The net revenue from the new development would be approximately $400,032 for this year, which is a significant increase from last year. It reflects the general shift in construction from residential to commercial and industrial projects.
          The comment from the Planning Department states that good land use practices encourage the renovation of existing commercial spaces rather than permitting additional Greenfield development in regions that are declining in population. There were a number of projects completed last year that can be considered “infill” projects or projects built in areas of existing infrastructure. This is the second year we have had a real positive impact from commercial development.
          On the residential side, the Town issued 123 new single-family building permits in 2006, 47 outside of subdivisions. It represents a similar percentage of homes built outside of sewered subdivisions over the last few years. The overall assessed value increase is estimated to be about $44,102,750. The average new home was 4,225 sq. ft. and valued at $358,558. The estimated increased tax revenue equals $1.19 million.
          According to the Fiscal Impact Model developed by the Center for Government Research, the estimated impact on the tax levy would be $5,794 to the Town and Highway budget and +$217,668 to the Clarence School District budget. The average unit had a net impact of $1,770. This is the second consecutive year that residential growth has been shown to have a positive impact on the Town and Highway budget. The model is based on fiscal year 2000. Councilman Bylewski said it shows that we have been progressing with what has been set in the Master Plan to have the residential growth in the right areas and the increase in commercial growth.
          Councilman Bylewski said Al Schultz, a member of the TEQR Committee has some recommendations to change some of the “shoulds” to more mandatory language. He has submitted them on a CD and Councilman Bylewski said he would like to make that part of the referral for review.
          Councilman Bylewski said there have been a number of amendments made over the years and he thinks it is time for the Town to reprint the Master Plan to include them.
          Councilman Bylewski said his final comment is with regard to sewers. Most of the property in the Town is on private septic systems. The current Master Sewer Plan is a component of Master Plan 2015.
          There are various existing sewer districts and with various levels of capacity and potential, or lack of potential for future expansions.
          The existing polluted areas of the Town noted for failing septic systems, substandard lot sizes and geologic and geographical constraints limit solution options.
          The adopted Future Land Use Map and Zoning Map, based upon assumptions as to future sewer availability and other public facility factors in Master Plan 2015. Of particular concern is the adequacy of existing and future infrastructures to support additional residential growth.
          The preferred growth models as identified in Master Plan 2015, prioritizing commercial and industrial growth as well as open space conservation, with regulatory controls /design criteria and limitations over future large scale residential subdivision approvals, including larger lot sizes in areas not supported by public sewer access.
          Councilman Bylewski said that given current agreements between the Town of Clarence, the Town of Amherst and Erie County Sewer District No. 5; current agreements between the Town of Clarence and Private Sewerage Works Corporations; and proposed Residential Projects in various stages of review and all subject to future sewer capacity, the Clarence Planning Board is to prepare amendments for Master Plan 2015 as to location and limits of future sewer districts within the Town, whether the proposed districts are expansions of existing districts or newly created districts. The Town Board would like a recommendation as to any amendments to the Future Land Use Map and Zoning Map required as a result of future sewer district creation or expansion to ensure that the character of the Town is maintained.
          The purpose of this planning exercise is to take a proactive approach to control future growth and maintain community character in support of the goals identified in Master Plan 2015.
          Councilman Bylewski said his intention is to make this part of the record and make a motion to move on all of the items for further review in accordance with the Master Plan amendment policy.
          Councilman Kolber said under the item to maintain the growth and historic character of Clarence Hollow, Clarence Center and Swormville, it should include Harris Hill. Councilman Bylewski said he does agree. All of them are included in the Master Plan.
          Councilman Kolber said with regard to increasing parkland and the comments made by Mr. Blum, the Board has taken a proactive approach by purchasing land on Heise Road for that purpose.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, 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 Kolber to refer all of the comments brought up in the Public Hearing to be reviewed by the Planning Board in accordance with the Master Plan amendment process. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Councilman Bylewski thanked the Planning Department, Planning Board, TEQR Committee and Zoning Board of Appeals for all of their hard work to help us achieve the goals set forth in the Master Plan. It is a process and something we are striving to achieve each year.

A Public Hearing was held to consider the purchase of approximately 20 +/- acres of vacant land at 5430 Old Goodrich Road for a purchase price not to exceed $475,000. Town Attorney Steven Bengart said this purchase comes out of some extensive negotiations, as recommended for purchase by the Recreation Committee. He spent several months negotiating with the realtor from Hunt Real Estate. Things fell apart, but the Town remained interested in the land because it is adjacent to the Town Hall campus. They hired counsel to enter into the eminent domain process and were advised that the price the seller was willing to take from another buyer was reasonable. This was brought to the Assessor after all of this was done and he felt that the price was appropriate.
          Speaking to the subject:
          Gary Wright said he lives next to this property and is glad that the Town would buy this land and not have it developed basically because of the destabilization of the soil in the area. The only problem he sees is if the Town built a building on it. It would be a waste of tax dollars. There is a crack in the floor in this auditorium and a crack in the library floor. We do not need any more problems.
          Councilman Casilio said there is nothing planned for that property right now. It could be many years from now.
          Dr. Makhdoomi said most of the time the library next door is empty. It is good to have nice things, but you have to first see how much you can afford. He has lived here for 19 years and every year his taxes go up. He does not think we need to buy more land when we already have so many big parks. It is the people's money being spent. We do not need these things. Every town does not have to be like Manhattan. We cannot afford to buy this land. He does not think the Board is doing a good job.
          Councilman Kolber said the Town portion of the tax bill is very small. He suggested that he challenge his assessment. Dr. Makhdoomi said it does not help. No more land or buildings should be bought by the Town.
          Councilman Bylewski said this is a long and well thought out process. We have a multi-year budgeting program to make sure that we are adequately budgeting and taking into consideration the finances of the different transactions. That is in addition to our capital improvement plan. He believes this property falls within our budget constraints, as well as our land use constraints.
          Councilman Kolber said we are planning for our future. Once the land is gone, it is gone forever. It is critical that we plan now.
          Councilman Casilio said he believes it is our duty to plan for the future.
          Councilman Weiss said as Mr. Blum stated earlier, we are still behind in parkland according to national averages.
          Supervisor Hallock said by adding to the current campus, it would reduce maintenance costs by having buildings in one area.
          With 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 Councilman Casilio to adopt the following resolution:
          RESOLVED, that after a public hearing being duly held on February 28, 2007 and after all interested parties being heard, the Clarence Town Board approves the purchase of approximately 20 +/-acres of vacant land located on Old Goodrich in the Town of Clarence, Erie County, NY, at a purchase price not to exceed $475,000, plus any closing costs and disbursements subject to the terms and conditions of the conditional contract and Town Attorney approval; and be it further
          RESOLVED, that the Clarence Town Board hereby issues its statement of intent to issue bonds or notes to finance the acquisition of said property; and be it further
          RESOLVED, that the Clarence Town Board hereby authorizes the Supervisor to enter into and execute said contract to purchase the vacant land at 5430 Old Goodrich Road.
          On the question, Councilman Casilio said he would like to thank Town Attorney Steven Bengart for spending a lot of time on this to help us purchase the property at a very reasonable price.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to discuss issuing a statement of intent to issue bonds or notes to finance the acquisition of property at 6995 Heise Road at a purchase price not to exceed $768,000.
          Town Attorney Steven Bengart said this is a follow up to the public hearing that was already held for the purchase of this property. We failed to mention the intent for financing and this is to clear that up.
          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:
          RESOLVED, that after a public hearing duly held on February 28, 2007 and after all interested parties being heard, the Clarence Town Board hereby issues its intent to issue bonds or notes to finance the acquisition of said property at 6995 Heise Road at a purchase price not to exceed $768,000 plus any closing costs and disbursements.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock stated that Items 14 and 15 have been removed from the agenda at the applicants requests.

Home Depot requests a Special Event Approval for a tent sale from 5/15/07 to 7/9/07 at 4139 Transit Road. James Callahan said they are requesting a variance to what the Zoning Law would allow for a commercial event. The Town Board has authority to approve for a longer term.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to table the request for a Special Event Approval for a tent sale from 5/15/07 to 7/9/07 at 4139 Transit Road for Home Depot until the applicant is present. Upon roll call – Ayes: All; Noes: None. Motion carried.

Bradley Brunette requests a Public Hearing to consider a Special Exception Use Permit for an automotive sales operation at 9393 Main Street. James Callahan said the location is the south side of Main Street, west of Goodrich and behind Orazio's Restaurant. The applicant is seeking to use an existing commercial space for operation.
          Bradley Brunette said his office would be in a portion of the space and he requires the parking spaces to obtain his permit.
          Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Public Hearing of March 28, 2007 at 7:45 P.M. to consider the request for a Special Exception Use Permit for an automotive sales operation at 9393 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.

Don Albrecht of First Presbyterian Church requests Preliminary Concept review for an addition to the existing church at 9675 Main Street. James Callahan said the location is the south side of Main Street, adjacent to the High School property. It is an existing church facility located on approximately 5.5 acres in the Community Facilities Zone.
          Several members of the church and Don Albrecht, Architect were present. They started about four years ago to see what the church needed. It was built back in the 1950's with an addition in the 1960's. The building is not handicap accessible. They also feel that they need additional classroom space for youth programs. They also need a narthex to provide a gathering area and a better fellowship hall. The original kitchen could use updating and more space, as they run the Food Pantry from the church.
          Don Albrecht presented a drawing of the proposed addition in front of the existing church. It would be set at grade level. The materials will match the existing building as much as possible.
          Councilman Weiss said the appearance is nice.
          Councilman Casilio suggested they think about tying into the school access road.
          Councilman Bylewski said the number of parking spaces will be examined. It appears that they still will have plenty of greenspace left on the site.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request by First Presbyterian Church for a Preliminary Concept review for an addition to the existing church at 9675 Main Street to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Douglas Klotzbach requests Concept Approval for an addition to existing furniture sales/storage facility at 9992 Main Street. James Callahan said the location is the north side of Main Street, east of Kraus Road consisting of approximately 8.2 acres in the Commercial Zone.
          Douglas Klotzbach, Architect said they were recently here to add the addition between the two buildings. This is the next addition to connect the entire retail and storage spaces. The building will be sprinklered. They are also working on a fire hydrant for the back area. The retail space is sprinklered already.
          Councilman Bylewski asked who the applicant is. Mr. Klotzbach said Joe Frey does own the property.
          Councilman Kolber asked what material would be used, as we are limited to 30% exposure of metal siding. This will be exposed to Kraus and visible from Main Street. Mr. Klotzbach said some of it is hidden behind the shrubs. Councilman Bylewski said this is addressed in Section 229-89 of the Zoning Law.
          Councilman Weiss said there may also be a drainage issue. Mr. Klotzbach said he is not sure what is going to happen with that. It has always been a problem on the site.
          Councilman Bylewski asked if there were going to be more changes in the future. Mr. Klotzbach said as far as the applicant is concerned, he would like to grow. He is basically doubling the space now and does not know what the applicant has planned after that. He moves forward with each portion as he can afford to and the business warrants it.
          Motion by Councilman Kolber, seconded by Councilman Bylewski to refer the request for Concept Approval for an addition to existing furniture sales/storage facility at 9992 Main Street to the Planning Board for review. On the question, Supervisor Hallock said it was identified and acknowledged by Mr. Klotzbach the need for fire safety with the fire hydrant and sprinklers. Councilman Bylewski said he would like the Planning Board to look at whether a Special Exception Use Permit would be required. Councilman Weiss said drainage should be examined to see how it will be impacted, if at all. Councilman Casilio said the sprinkler system should be looked at because he does not see much access. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said Item 20 is removed from the agenda at the request of the applicant.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to table Item 21 by Al Gozdalski for a request for a Building Permit and Architectural Approval for construction of a new accessory structure at 8895 Sheridan Drive until the applicant is available. Upon roll call – Ayes: All; Noes: None. Motion carried.

Autistic Services requests a Building Permit and Architectural Approval for additions to existing facility at 4444 Bryant & Stratton Way.
          Councilman Casilio said he owns property next door so he will recuse from all discussion and decisions.
          James Callahan said the location is the west side of Bryant & Stratton Way consisting of approximately 4.7 acres in the Commercial Zone.
          Rev. Sanders and several others were present. The intent is to expand and renovate the existing one story building. Only a small portion of the existing façade will remain. The materials will be metal paneling and brick. Councilman Bylewski said metal can only be used on 30% of the visible portion from the street.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to grant approval for a Building Permit and Architectural Approval for additions to existing facility at 4444 Bryant & Stratton Way. On the question, Councilman Kolber asked that it be subject to all the architectural guidelines for the Commercial Zone. Councilman Bylewski added subject to the Commercial Open Space Fees. Asst. Town Engineer Tim Lavocat added subject to drainage review by the Engineering Department. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Jack Wilcox requests an amendment to previously approved Open Development Area to add an access driveway from Hillcrest Drive to 10352 Main Street. James Callahan said the location is the north side of Main Street, west of Hillcrest Drive. It was previously approved for a three-lot open development.
          Jack Wilcox said he requests the amendment to add an access to Hillcrest Drive. He recently signed a purchase agreement for the property. The utilities are still coming from Main Street.
          Councilman Bylewski said this would have two access drives. The adjacent neighbors should be notified to see if there are any buffering issues that have to be addressed.
          Mr. Wilcox said the landowner to the north has been notified. The current landowner is willing to sell them an additional 10 ft. for buffering. James Callahan added that there is landscaping proposed along that side of the access road.
          Asst. Engineer Tim Lavocat asked if the proposed road is near the sewer easement. Mr. Wilcox said it is partially on it. He has contacted Sewer District No. 5 and they were not concerned. Mr. Lavocat said they are usually site specific. The agreement usually states that they can do whatever they have to do to maintain the sewer without having to repair a driveway. Mr. Wilcox said the fact that the easement exists does not stop them from anything. Councilman Kolber said he does not want to be in the middle of it.
          James Callahan said it does not necessarily have to go to the Planning Board.
          Councilman Bylewski felt that the Landscape Committee should notify adjoining residents within 500 ft. Supervisor Hallock said the adjacent neighbors are the ones that would be impacted.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that the Clarence Town Board approves and grants the request of the applicant, Jack Wilcox, to amend the previously approved Open Development Area to add an access driveway from Hillcrest Drive to 10352 Main Street subject to the following conditions: 1. Engineering approval. 2. Review by Landscape Committee to include neighbors within 500 feet.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

David Huck/Regent Development Inc. requests a Clearing Permit in advance of Development Plan Approval at 6095 Transit Road. James Callahan said the location is the east side of Transit Road, south of Woodbridge Lane. The project is currently under review for Phase 2 of Transit Center.
          David Huck said he has Concept Approval. He would like to clear the site while the ground is frozen. There are several trees down or broken on the property.
          Supervisor Hallock said we do not normally like to do this ahead, but she understands the ground is still frozen.
          Councilman Casilio said his only concern is that too many trees would be taken down prior to any department being able to look at it.
          Mr. Huck said he has one building there already and has a good relationship with the neighbors. He planted trees all along the back and provides irrigation water. It is somewhat open already with fallen trees from the storm.
          James Callahan said at the time of the original plan, they relocated the ditch around the outside of the property. They changed the one large building to two smaller buildings. Mr. Huck said everything around the ditch will stay and the one area will not be touched. They have already addressed the flooding problem in this area.
          James Callahan said they have worked with Mr. Huck and his neighbors for many years and he has no problem going forward.
          Councilman Bylewski said this request has Concept Approval and the ground is still frozen. James Callahan said this project is coming to the Town Board for Development Plan Approval in the very near future.
          Councilman Weiss said if Mr. Callahan was comfortable with it and he has worked with them before, he has no problem with it.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant a Clearing Permit in advance of Development Plan Approval at 6095 Transit Road for the clearing not to occur in the buffer zone that was identified on the site plan, and for a surety to be submitted to the Town Attorney's office in a form or manner acceptable to that office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to table Item 25, Ranchview LLC's request for Minor Subdivision Approval to create a new residential building lot at 10035 Clarence Center Road until the applicant is present. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Supervisor Hallock called for Item 26, Mary Hughes for Clarence Youth Center, Inc. regarding funding for programs and no one was present to speak.

Supervisor Hallock called for Item 27, Dr. Makhdoomi regarding high taxes and wasting taxpayer's money. Dr. Makhdoomi spoke earlier under the public hearing and has left.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Clarence H.S. Rifle Team – March 20, 2007; B. Clarence Garden Club – May 11, 18 & 19; Sept. 28; Oct. 21, 25 & 26, 2007; C. Girl Scouts Award Ceremony – May 14, 2007; D. Friends of Clarence – June 14 – 16, 2007; E. FOH – Oct. 28, 2007; F. Rock Oak Homeowners Association – Dec. 8, 2007; Legion Hall Applications - A. Roselle LaBruna – March 10, 2007; B. Edna Bugenhagen – March 11, 2007; C. Diane Moyer – March 16, 2007; D. Marshall Helms – April 15, 2007; E. Ann Marie Prue – April 21, 2007; and F. Linda Mary Hall – May 12, 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 February 22, 2007 are approved for payment: General Fund - $393,849.35; Highway Fund - $74,294.45; Community Development Fund - $1,085.00; Water District - $1,796.10; Fire Districts - $2,307,356.05; Lighting Districts - $1,098.37; Sewer Districts - $161,108.38; and Capital Fund - $5,198.22 for a total amount of $2,945,785.92. On the question, Councilman Bylewski said the Fire Districts amount was so high because it is the time of year the Town disburses funding for their 2007 budgets. Upon roll call – Ayes: All; Noes: None. Motion carried.

“For the Good of the Town”

Councilman Weiss thanked Tim Pazda and the Bicentennial Committee and everyone who is helping to install the banners. They look great.
          Councilman Casilio added that our Supervisor is also working very hard on the Bicentennial.

Peter Wolfe complimented the Town Board on the items regarding purchase of property. The Recreation Advisory Committee spends a lot of time, in fact sometimes years, on each one. They feel fortunate to get the piece on Heise to provide a future park toward the northern portion of the Town.

James Blum said he is really pleased to have heard on the radio and read in the newspaper that, Clarence and Orchard Park insist that the developers follower their rules.
          In terms of the recreation lands, he is concerned that as the population grows we will not have enough. The other concern is to have the land and then a plan for development, such as the football issue.

There being no further business, Supervisor Hallock adjourned the meeting at 9:30 P.M.

Nancy C. Metzger
Town Clerk