03/28/07


A Work Session of the Clarence Town Board was held on March 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 Town Attorney Steven Bengart, Director of Community Development James Callahan, Senior Building Inspector David Metzger and Town Engineer Joseph Latona.

Director of Community Development - James Callahan

Public Hearings:

Bradley Brunette 9393 Main Street
A Public Hearing is scheduled for 7:45 PM to consider the request for a Special Exception Use Permit for automotive sales operation at 9393 Main Street. The proposed site is located on the south side of Main Street, west of Goodrich Road in existing plaza behind Orazio's Restaurant. The applicant is requesting four parking spaces for display; he needs a minimum of three parking spaces to obtain his license.

Formal Agenda items:

Noel Dill 9015 Main Street
Applicant requests a Special Event Permit for a charitable event (third annual Rock the Barn) scheduled for July 20, 2007. The proposed site is located on the south side of Main Street, east of Shimerville Road. Parking and hours of operation should be addressed.

Dash's Market 8845 Main Street
Applicant requests a building permit and architectural approval for additions/remodeling of an existing grocery store in the Traditional Neighborhood District. The proposed site is located on the south side of Main Street between Cameron Drive and Roxbury Drive (former Latina's). A public hearing will be scheduled to consider a Special Exception Use Permit for a drive-thru facility.

Cliff Lilley 5575 Transit Road
Applicant requests a Change in Use from vacant (former tile store) to a restaurant. The proposed site is located on the southeast corner of Roll and Transit Roads in an existing commercial building located in the Major Arterial Zone. Sufficient parking exists to support the proposed restaurant. (To date, applicant does not have a signed lease for this property and asked to be removed from the agenda).

Sharon Corbett 10865 Keller Road
Applicant is proposing to split one residential building lot off the parent parcel to create an additional residential building lot in the Agriculture Rural Residential Zone. The proposed site is located on the south side of Keller Road at Newstead border. The proposed lot is in conformance with minimum standards in the Agricultural Rural Residential Zone.

Orin Kelkenberg 6990 Heise Road
Applicant is proposing to split one residential lot off the parent parcel to create an additional residential building lot in the Agriculture Rural Residential Zone. The proposed site is located on the west side of Heise Road, north of County Road. The proposed lot is in conformance with minimum standards in the Agricultural Rural Residential Zone.

Work Session items April 11, 2007:

Stephen Development, Inc. 10075 Main Street
Applicant is proposing to develop a retail shopping plaza including a Dollar General Store on existing vacant lot consisting of 15.33 +/- acres in the Commercial Zone. The proposed site is located on the south side of Main Street, opposite Pine Ledge Drive.

Chris Carolla 8720 Clarence Center Road
Applicant is seeking approval to construct a pond in the rear portion of the property. Spoils will be utilized on site to provide grading to allow for construction of a new home with a walkout basement. In addition, the applicant is seeking approval for a secondary living unit to be constructed as a part of the new home development for use as an in-law apartment. The proposed site is located on the north side of Clarence Center Road, east of Shamrock Lane on existing vacant land consisting of approximately 5.8 acres in the Residential Single-Family Zone. A former farmhouse was recently demolished and removed from the property. Setbacks can not be met for proposed pond. A public hearing will be required for the Special Exception Use Permit. Several neighbors have issues with the previous setback variance granted to allow for a new home.

West-Herr Automotive Group 5505 Transit Road
Applicant is requesting approval to construct a parking/display area at the site of the former commercial building. The proposed site is located on the east side of Transit Road, south of Roll Road in a commercial classification.

Rocco DelGrosso 6221 Transit Road
Applicant is proposing to construct an addition to the rear of the existing structure and rehabilitate/remodel the entire structure to match the façade of the new building to the south (Alessi Fitness). Applicant will also add green space to the front of the structure. The proposed site is located on the east side of Transit Road, north of Woodbridge Lane. The existing commercial structure, former (Floss) residential structure is located on approximately 2 acres in the Major Arterial Zone.

Peter Taska 8240 Main Street
Applicant is seeking approval for a Change in Use from the former travel agency to a landscape/pond business which may involve outdoor storage and display. There would be no changes to the façade. The proposed site is located on the northwest corner of Main Street and Westwood Drive in the Harris Hill TND.

Clarence Center Community Association
Clarence Center Community Association is proposing to place a directional sign to identify locations of businesses within the Clarence Center TND/Commercial areas. The proposed location would be along Goodrich Road in the Residential Single-Family or Traditional Neighborhood Districts.

Love your Dog 6989 Transit Road
The applicant is proposing to develop a 5,000 square foot overnight boarding facility as part of the overall operation. Janice Jabcuga has operated her dog grooming business at this location for 10 years and has never had any complaints. There are between 50-70 dogs a day at the current facility. The project was referred from the Town Board to the Planning Board to recommend conditions on the proposed Temporary Conditional Permit however; the Planning Board denied her request for overnight boarding. Ms. Jabcuga was upset about the denial and has asked if the Town Board would consider her request if she came back with a smaller project, limiting the number of dogs and fencing the rear area. Ms. Jabcuga is a good corporate citizen and is looking to increase her business. The Planning Board was not in favor of this type of business in the Traditional Neighborhood District. Residents within 1000 feet were notified of this project request and no one came forward to voice any complaints or concerns. The consensus of the Town Board was to review a smaller project.

A Breath Away Day Spa 10580 Main Street
Applicant is requesting approval to open a day spa in Clarence Hollow at 10580 Main Street. Because of an over site, the applicant was not put on this evenings agenda. Senior Building Inspector Dave Metzger will proceed with issuing the proper permits. This proposal will be on the April 11th agenda. Building Inspector Dave Metzger stated that any changes will be done on the inside. The outside will remain the same with the exception of the installation of a handicap ramp. Parking will be along Main Street.

Tucciarone Auto & Truck Repair 10069 Main Street
Noel Tucciarone is seeking approval to move his auto/truck repair business to the Stephen Collision Shop. This will require a Special Exception Use Permit.

Town of Clarence
Requests a Change in Use for the former post office located at 10510 Main Street in Clarence Hollow.

9900 Main Street
A new buyer has come forward to open up a new spa in the former Lipinoga Spa. The proposed site is located to the east of Lipinoga Florist on the north side of Main Street.

Supervisor Kathleen Hallock

Supervisor Hallock reminded the Town Board to follow through with getting Ethics Disclosure forms back to the Town Clerk's office.

There was an article in today's paper regarding numerous Special Districts in NYS. Supervisor Hallock will forward the information to those interested.

Karen Jurek and Diane Chalmers attended a pricing seminar on March 20th at Advanced Business Machines. There will be some changes with the post office and metered mail. The information will be discussed at the April 11th Department Head meeting.

Town Clerk Nancy Metzger has submitted her annual report of fees and taxes received by the Town Clerk's office.

The Town Board received a thank you note from Prevention Focus for participating in the kick off at Clarence High School.

Mike Neumeister will attend the April 4th morning Work Session regarding Capital Improvement Program.

Senior Building Inspector David Metzger will also attend the April 4th Work Session for discussion on a local law relative to Chapter 67 Building Construction and Fire Prevention Code.

TCBA Booster Club director Tom Burgasser is requesting permission for the placement of a small Coca Cola concession trailer at Memorial Park. It will be run by a non-for-profit and they will keep any monies. Town Attorney Bengart will research this request and report back to the Town Board.

Re-Tree WNY has provided the Town with 25 10' American Elm trees. Home Depot is a sponsor of this project.

In 2003, the Town took over the Hunts Corner Cemetery because the care takers could no longer manage it. Supervisor Hallock received a visit from Ron Andrews, secretary/treasurer of the Harris Hill Cemetery Association. They are experiencing problems - 90% of their revenues go into operating and the other 20% by law has to go into a trust fund for maintenance. They may be in trouble in a couple of years. Mr. Andrews has checked with other cemeteries and he is aware that the town would have to take it over if they do not have any money. Mr. Andrews has indicated that the Town of Lancaster supports one of their biggest cemeteries. Supervisor Hallock contacted Town of Lancaster Supervisor Bob Giza and he has indicated that they give $5,000 to the cemetery. They assume that by giving the $5,000 they will not have to maintain the cemetery. If it can be done legally, the town may be better off supporting the cemetery financially rather than taking over maintenance and upkeep. Town Attorney Bengart's office will research this matter.

Supervisor Hallock has one item to discuss in Executive Session regarding the appointment of an individual.

Town Engineer Joseph Latona

Town Engineer Latona gave an update on Memorial Park. Town Engineer Latona will meet James Ribbeck on Thursday, March 29th to scope out the initial phases of the north-east portion. It is however too wet to get in there with equipment. Mr. Latona has staked out the parcel both horizontally and vertically, six feet of fill will be needed to get close to what is already there.

Town Engineer Latona has talked with DiPizio; he is willing to donate 10,000 cubic yards. It is too expensive for him to truck at no cost after 10,000 yards. Councilman Kolber stated that it could make a difference if the town could provide a letter of donation to Mr. DiPizio in which he can use as a tax deduction. Mr. Latona will meet with Mr. DiPizio in another month and will discuss the letter of donation.

The spoils and shot rock from the sewers (Bodine, Sawmill and Ransom Road) can also be trucked to the Memorial Park site. It is too late to include this in the bid specs but will be discussed at the pre-construction meeting.

Town Engineer Latona has a private drainage issue that he is looking for direction with. The location is 9695 Keller Road and has been determined by counsel that it is a private drainage issue. The resident is of the opinion that the town would do the drainage design work. Councilman Kolber stated that we can not expend town resources on a private project, it could become a liability issue if any problems were to arise down the road. The Town Board is of the opinion that this is a private drainage matter and the residents should work it out.

The service for Clarence Middle School sewer is installed and partially tested. They are just about ready to move forward as soon as all the documentation has been signed. They are hooked up, they are not using it. The Town Board has to sign the out-of-district agreements.

Councilman Scott Bylewski

Councilman Bylewski will make a motion to adopt a Bond Resolution authorizing construction of sidewalk improvements. Town Engineer Latona stated that there are going to be new installations and replacement. The project will be bid next month.

Councilman Bylewski has several corrections to the minutes.

The American Legion is requesting approval to conduct their annual Memorial Day Parade.

Councilman Bylewski has seven items for Executive Session regarding the appointment of individuals.

The TEQR Committee has forwarded several recommendations for consideration by the Town Board.

The Planning Board would like to go forward with a joint meeting on Wednesday, May 30th, 2007 @ 7PM. They are seeking agenda items for the meeting.

The NYS Legislature approved a bill setting minimum training requirements for planning and zoning officials. Effective January 1, 2007, all county, town and village planning and zoning board members including alternate board members must receive a minimum of 4-hours of training annually. TVGA Consulting is preparing a series of free, 2-hour session given by TVGA Consultants' professional team to fill the State requirement. There are several topics for discussion for anyone interested in attending.

Councilman Bylewski and Supervisor Hallock met with the two senior examiners from the Office of State Comptrollers regarding fire district audits.

Councilman Bylewski, Town Attorney Bengart and Director of Community Development James Callahan met with the school district to discuss the Adequate Public Facilities Law. Councilman Bylewski is waiting for a reply from the school. Councilman Bylewski will contact Tyson Smith tomorrow regarding the issues that the school raised regarding liability and funding.

Councilman Joseph Weiss

Councilman Weiss will make a motion awarding the bid for the sanitary sewer project for Sawmill Road, Ransom Road, Bodine Road and Academy Street .
Councilman Weiss will make a motion awarding the resident services during construction.

There was an article in the Amherst Bee regarding one hundred percent assessments. Amherst was talking about doing away with full assessments and is now reconsidering.

Councilman Weiss met with the Parks Department regarding use of the Clubhouse. The Parks Department has been billing any service organizations that use the Clubhouse for anything other than a monthly meeting.

Councilman Weill will make a motion extending the DEC agreement regarding Clarence Hollow until March 2009.

The Town received a dividend check in the amount of $14,268.91 from The State Insurance Fund.

Councilman Bernard Kolber

Councilman Kolber has had discussions with Town Assessor Dave Folger regarding tax exemptions for volunteer firemen. Mr. Folger feels that it is a good idea; it will give firefighters a $200 credit on their income tax. This will have to be done before May 1st.

Town Assessor David Folger is requesting a meeting with the Town Board at the May 2nd morning Work Session.

Town Assessor David Folger had questions regarding the Performance Measurements and five year planning. The idea of Performance Measurements is to go to out-come based budgeting so the Town knows if it is spending money in the right place on the right tasks that need to be accomplished.

Councilman Kolber along with other Town Board members have received numerous telephone calls and e-mails from residents upset with their assessments. Mr. Folger has talked to many people as well and most people will not let the assessor into their home.

Town Clerk Nancy Metzger is requesting the Town Board pass a resolution amending the proposed middle class star exemption and make it an income tax credit instead.

Councilman Kolber spoke to Wilson Farms regarding connecting their driveway with the proposed Dunkin Donut driveway. Wilson Farms is against connecting driveways, Wilson Farms wants to open up a drive-thru.

Councilman Kolber has received and distributed a proposal from Amherst Alarm regarding an alarm system for the Clubhouse.

Councilman Patrick Casilio

Councilman Casilio has one position to fill on the Avoidable Alarm Committee.

A vehicle is being purchased for Parks Security and will be shared with the Natural Disaster Coordinators.

Councilman Casilio will talk to Parks Security regarding illegal sign postings.

Councilman Casilio commented on the Town of Clarence Rails to Trails Security Recommendations from Vince Delgato. Mr. Delgato volunteered his time to put this report together.

The Morlando Committee presented to the Harris Hill Association pictures of potential street lights for Harris Hill. They met with consultants who recommended a pole with a fixture on top with a pole height of 10 - 12 feet. There was also concern about getting parts for the lights in the future. There are 57 lights in the Harris Hill area. The committee realizes that not all lights will be replaced at once.

The Recycling Committee met last week and appointed Chuck Eckert as their chairman.

The Highway Department is scheduled to remove the overgrown brush on Nottingham Terrace. Highway Superintendent Ted Donner is committed to repaving that area.

Councilman Casilio commented on the Traffic Safety Board and the possible appointment of two individuals as traffic safety advisors to the Planning Board as an adjunct position. Director of Community Development James Callahan and Town Attorney are working on this.

Labor Management will meet the first week in April.

Councilman Casilio reviewed the request from SMEC (School/Municipality Energy Corporation) relative to a power arrangement agreement. The agreement has remained the same.

Supervisor Hallock stated that the Town contracted with an agency last year to do an energy audit on the utility bills that we paid. We were also going to go forward with Wendall Duscherer to do energy audits on existing utility bills. There was a concern that we were overlapping audits and it was determined that we are not. Highway Superintendent Ted Donner put in a request for a furnace, however Wendall Duscherer is not interested in doing an audit on just one building.

Councilman Casilio, Councilman Kolber and Natural Disaster Coordinator Dave Baumler met with a representative from the Town of Amherst regarding their Reverse 911 System. The system is inexpensive, for approximately $2,500 you can purchase the software but it takes a full time employee one year to get the system organized. There is also maintenance fees payable every year. It takes 2 ½ days to notify the entire town. Supervisor Hallock stated that the County has offered free 911 systems to the towns. The town would have to pay for the calls but we would not have to pay the $300 per month maintenance fee that we pay now. The county has said that the Town of Amherst was going to go with the county system.

Councilman Casilio stated that he has several applications for consideration on the Senior Center Board.

Motion by Supervisor Hallock, seconded by Councilman Scott Bylewski to enter into Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss the appointment of a particular person, the financial history of a particular person and the discipline of a particular person; § 105(1)H the proposed lease of real property. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:25 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Councilman Bylewski, seconded by Supervisor Hallock to adjourn the Executive Session at 7:35 P.M. until after the Town Board meeting. Upon roll call - Ayes: All; Noes: None. Motion carried.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, March 28, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Pledge to the flag was led by Councilman Joseph Weiss, 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, and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held February 28, 2007. On the question, Councilman Bylewski had a correction on page 77 of his report in regard to LOSAP, it should say "you will continue to augment your service awards credits once you reach the age of 65." On page 80, the resolution regarding the Erie County Department of Public Works, "it covers the period from October 15, 2003 to December 31, 2004." Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of the previous meeting held March 7, 2007 as received. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to approve the minutes of the previous meeting held March 14, 2007. On the question, Councilman Bylewski said on page 111, the bills were for March 11, 2007. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to approve the request for a Special Event on Saturday, August 4, 2007 from 9:00 a.m. to 12:30 p.m. The event is a Family Bike Path Scavenger Hunt and is sponsored by the Clarence Center Community Association. On the question, Supervisor Hallock said all appropriate agencies will be notified. More information is forthcoming regarding participation. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said in January we received notification of grants available from the DEC for tree restoration. The DEC notified our Parks Department this week to say that our application for $6,000 has been approved.
          The Parks Department also received a notice from Re-Tree of WNY stating that we will receive a donation of 25 - 10 ft. American Elm trees.
          Supervisor Hallock said she would like to thank our Parks Department and Councilman Weiss for their work on these items.

Supervisor Hallock stated that she will be making an appointment to the Ethics Board in two weeks.

Supervisor Hallock stated that they received the Annual Report of Fees and the Annual Report of Taxes for 2006 from the Town Clerk. Town and County Taxes received totaled $21,878,801; and 2006-2007 School Taxes received totaled $38,860,438. The total amount of fees collected in the Town Clerk's office was $711,489 for 2006. Supervisor Hallock thanked the Town Clerk for a job well done.

Councilman Bylewski said he also wanted to thank Town Clerk Nancy Metzger and the Town Clerk's office for a job well done.

Motion by Councilman Bylewski, seconded by Councilman Casilio to grant permission for American Legion Post 838 to hold the Annual Memorial Day Parade along Main Street on May 28, 2007. On the question, Councilman Bylewski said the parade is scheduled to begin at 11:00 a.m. from the Clarence High School going east to the Clarence Town Park for a Memorial Ceremony. If the weather does not cooperate, the parade will be cancelled and the ceremony held in the Town Park Clubhouse. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint Neil Struebing, 5861 Goodrich Road to the Senior Center Board with term to expire 12/31/2008. On the question, Councilman Bylewski said this is to fill the unexpired term of William Dickman. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that the next Public Safety meeting is set for April 19, 2007 at 7:00 p.m. It is part of the public notification process to let people know that we do take public safety seriously and we do have a committee to study the elements.

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 9435 Main Street Office Park. This Unlisted Action involves the development of a new office building on vacant land 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 a coordinated review with comments from the NYSDEC, NYSDOT and Erie County Health Department, it is determined that the proposed project is consistent with the adopted 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 Kolber 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 Gullo Retail Landscape Shop located at 6825 - 6843 Transit Road. This Type I Action involves the demolition of existing structures over 50 years old and the development of a New Retail Landscape Shop in the Major Arterial Zone. After thorough review of the submitted site plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, including a coordinated review with comments from the NYSDEC, NYSDOT and Clarence Historical Society, it is determined that the proposed project is consistent with the adopted Master Plan 2015 and local land use regulations and will not have a significant impact upon the environment. On the question, Councilman Bylewski said that because this is the old Schworm property, and we did receive the study from the Historical Society indicating historical elements, the proposed mitigation is that the applicant will have some type of historical marker signifying the historical structures that were there. James Callahan said that is correct. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the next recommendation is for the D'Andrea Demolition and he believes we are waiting for expiration of the 30-day comment period, which is this Friday. James Callahan said he believes that is correct and it could be held until the next meeting.

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 30-day comment period on the proposed St. Mary's Church expansion located at 6925 Transit Road. This Unlisted Action involves the construction of a new worship hall on the existing church campus. 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 30-day comment period on the proposed Benderson Mixed Use Commercial Building located at 5965 Transit Road. This Unlisted Action involves the development of a 15,000 +/- square foot commercial building in the Major Arterial Zone. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed construction of approximately 1,000 lineal feet of new sidewalk and the reconstruction/replacement of approximately 200 lineal feet of sidewalk in various locations throughout the Town of Clarence. After thorough review of the Environmental Assessment Short Form by the Town Board, it is determined that the proposed project is consistent with our land use laws and Master Plan 2015, 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 Supervisor Hallock to adopt the following resolution:
          RESOLVED, that the Clarence Town Board adopts a Bond Resolution of the Town of Clarence, New York on this 28th day of March, 2007, authorizing construction of sidewalk improvements, stating the estimated maximum cost thereof is $30,000, appropriating said amount therefor, and authorizing the issuance of $30,000 serial bonds of said Town to finance said appropriation, subject to a permissive referendum
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to refer to the Planning Board to study putting in place an architectural overlay for Main Street and make a recommendation back to the Town Board. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to increase the salary of the Youth Director to $40,000 effective as of March 24, 2007. On the question, Councilman Bylewski said this is being done to move the department head salary more in line with the other department heads, and in recognition of the status of Youth Bureau. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that item 15 is being tabled.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
          WHEREAS, the New York State Department of Environmental Conservation and the Town of Clarence entered into a contract on April 1, 2003 relative to the Clarence Hollow Sanitary Sewers; and
          WHEREAS, Section 11 of the Original Contact authorizes amendments to said Original Contract; and
          WHEREAS, circumstances necessitate a modification of the Original Contract and the parties desire to amend said Original Contract.
          NOW THEREFORE BE IT
          RESOLVED, that in consideration of the mutual covenants, promises, representations and conditions set forth in the First Amendment to the Contact No. C301038, the Clarence Town Board authorizes the Supervisor, Kathleen E. Hallock, to sign the First Amendment of said contract extending the contract end date from December 31, 2006 through December 31, 2009.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to award the Bid for the Ransom Road Sanitary Sewer Project to Visone Construction Inc. of Depew, New York, they being the lowest responsible bidder with their bid of $84,605; and authorization for the Supervisor to sign and enter into a contract with Visone Construction, Inc. upon review and approval by the Town Attorney. On the question, Councilman Weiss said this project has to do with the pollution abatement in the Clarence Hollow. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Casilio to award the Resident Services, during construction of the Ransom Road Sanitary Sewer Project, to Donald Gallo, Consulting Engineer at an hourly rate, with total amount not to exceed $7,000. On the question, Councilman Weiss said this is for inspection of the work being done for the project. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to award the Bid for the Bodine Road Sanitary Sewer Project to CMH Co., Inc. of Cheektowaga, New York, they being the lowest responsible bidder with their bid of $480,865; and authorization for the Supervisor to sign and enter into a contract with CMH Co., Inc. upon review and approval by the Town Attorney. On the question, Supervisor Hallock said this project will be partially funded with Community Development Block Grant funds. Town Engineer Joseph Latona added that $90,000 will be from Community Development funds. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to award the Resident Services, during construction of the Bodine Road Sanitary Sewer Project, to Nussbaumer and Clarke, Inc. at an hourly rate, with total amount not to exceed $32,000. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded Councilman Kolber to award the Bid for the Clarence Sewer District No. 9 Sawmill Road, South Park Avenue, Park Avenue, Academy Street, East Avenue and West Avenue Sanitary Sewer Project to Milherst Construction, Inc. of Getzville, New York, they being the lowest responsible bidder at their bid of $540,594; and authorization for the Supervisor to sign and enter into a contract with Milherst Construction, Inc. upon review and approval by the Town Attorney. On the question, Town Engineer Joseph Latona said this project is also partially funded with $90,000 in Community Development funds. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to award the Resident Services, during construction of the Clarence Sewer District No. 9 Sawmill Road, South Park Avenue, Park Avenue, Academy Street, East Avenue and West Avenue Sanitary Sewer Project to GPI Engineering and Surveying, LLP at an hourly rate, with total amount not to exceed $38,000. On the question, Councilman Kolber asked if we should state the hourly rates. Town Engineer Joseph Latona said they will be stated in the contract. There are various rates that apply for the different professional services being provided. These are the designers of the project overseeing the construction. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss said we received a dividend check from The State Insurance Fund in the amount of $14,268.91 as a result of our safety performance. All of our departments are to be congratulated on that.

Councilman Weiss said there was a question as to whether groups using the Clubhouse were being billed for the amenities used and we confirmed that they are. Groups using the Clubhouse should make sure they are adhering to the specifications of the contract.

Councilman Weiss announced that there are still a few openings for organizations interested in helping out, while earning money for their group, with the Day In the Park event. They should contact Chuck Eckert for further information.

Councilman Weiss said the Fishing Derby will be held on Saturday morning from 9:00 a.m. to Noon for children 12 years old and younger. Destination Imagination, a group from the School District, will be selling hot dogs and drinks. Some bait will be provided. There are trophies and other prizes to give out.
          Councilman Weiss thanked Mazia's Pizza for handing out flyers for the event with their pizzas.

Councilman Kolber said he went to the meeting of the Harris Hill Association last week. This is a newly formed group working on maintaining the character of their neighborhood. It was very well attended and they are off to a good start.

Councilman Kolber said Governor Spitzer is proposing a property tax reform for school taxes. It is referred to as the Middle Class STAR, which is a secondary program to the existing STAR program. As it was proposed, it could have an impact on local Assessors and Town Clerks with regulations. These groups are asking for a modification making it a credit on income tax.

Councilman Casilio said there is still an opening on the Avoidable Alarm Committee. Applications are available on the website.

Councilman Casilio said union contract negotiations are ongoing and we are hoping to settle in the near future.

Councilman Casilio said we have received a final draft of the Clarence Rails to Trails Security Recommendations. It was prepared by retired Erie County Sheriff Vince Delgato and we thank him for all the work has put into this. It has gone to our Safety Committee for their recommendations.

Councilman Casilio said he has been involved with the Morlando Committee, which is working on refurbishing the entrance to Nottingham Terrace. They are working on street lights and will bring their recommendation to the Harris Hill Association.
          Councilman Casilio said the Highway Superintendent has committed to removing the overgrown brush at the Nottingham Terrace entrance to make way for new sidewalks. They would like to restore that area to what it was many years ago. Councilman Casilio said the Recycling Committee met last week and chose Chuck Eckert as the new chairman. They have some interesting projects that they are working on for the future.

Councilman Casilio said there is a joint meeting of the Clarence Hollow Association and Antique World tomorrow morning to discuss the future. Clayt Ertel, Realtor and Jack Willert, who is now a managing partner of Antique World, will present plans and ideas for development of his property and how it will benefit all of the businesses in that area.

Department Reports

Town Engineer Joseph Latona said we have received a report as a result of some of the investigative work we are conducting regarding the library. It is a geotechnical hydrogeologic report relative to the affects of the Heise-Brookhaven trunk sewer on the ground water or any structures within range.
          Mr. Latona said part of the study included installment of nine test wells, and use of two existing wells for monitoring. They were monitored for groundwater fluctuation, movement, the speed and rate at which it moves through the soil.
          Mr. Latona read part of the conclusion of the report. It stated that, based on the foregoing assessment, it is highly unlikely that the excavation of the sewer has had an impact, either short or long-term, on groundwater levels any distance from the sewer. Because of the shallow or slow estimated rate or velocity of flow of the groundwater, it basically moves .04 feet per day. Any impact on the surrounding groundwater or surface ponds would require substantial lowering of the groundwater table in large volumes of water being pumped out of the ground.
          As a result of the analysis, it is the opinion that any rapid movement of the ponds relative to the groundwater could not have been caused by the work performed on the sewer. They have also established that there has been no impact of the groundwater on any of the structures from the sewer.
          Mr. Latona said it is the opinion of the author that the groundwater has not raised or lowered any ponds or had any significant affect on any structures in the Town of Clarence. The report will be available.

A Public Hearing was held to consider the request for a Special Exception Use Permit for automotive sales operation at 9393 Main Street. James Callahan said the location is the south side of Main Street, west of Goodrich Road and behind Orazio's Restaurant. The property is an existing Commercial plaza.
          Bradley Brunetto said he would have four cars on display and an office space.
          Councilman Casilio said that is the location for the cars and they cannot migrate towards Main Street. Mr. Brunetto said that is correct.
          With no one else speaking to the subject, motion was made by Councilman Casilio, 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:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on March 28, 2007, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, Bradley Brunetto, for an automotive sales operation at 9393 Main Street in the existing commercial plaza subject to the following conditions: 1. Display area as delineated on the submitted site plan and kept to the south of the property line of 9415 Main Street. 2. Number of vehicles limited to four.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the purchase of property at 4650 Thompson Road at a price of $136,250. James Callahan said the property is located on the west side of Thompson Road consisting of 2+ acres in the Residential Single Family Zone. It is between the Senior Center and the Town owned ball diamonds. Supervisor Hallock added that it is surrounded by Town-owned property.
          Town Attorney Steven Bengart said the owner had originally contacted the Town, knowing about the greenspace program, to see if we would be interested in purchasing the property. The Recreation Advisory Committee took a look and said it may not fit the greenspace program, but it would be a piece that the Town would be interested in for recreation or other use. The owner then had a change of circumstances and did not want to go forward. Then they came back and said they wanted to move forward, which brings us to the possible purchase tonight. Mr. Bengart said he spoke with Assessor David Folger today and he believes the price is a fair price. Mr. Bengart said the property is almost 3 acres.
          Speaking to the subject:
          James Blum said he believes it is a great idea to purchase this property. He said this property blocks access from the Senior Center property to the very large parcel that the Town owns. It adds value to the property already owned.
          Supervisor Hallock said the Recreation Advisory Committee felt it made a lot of sense to purchase the property for a lot of reasons including the Town-owned property all around it and the frontage.
          With no one else speaking to the subject, motion was made by Councilman Casilio, 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 duly held on March 28, 2007 after all interested parties having been heard, the Clarence Town Board hereby authorizes the purchase of 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; and be it further
          RESOLVED, that the Clarence Town Board hereby authorizes the Supervisor sign the conditional contract for said property; and be it further
          RESOLVED the Clarence Town Board intends to issue bonds or notes to finance the acquisition of said property.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Noel Dill requests a Special Event Permit for a charitable event to be held July 20, 2007 at 9015 Main Street. James Callahan said the location is the south side of Main Street, east of Shimerville Road at the existing barn.
          Noel Dill said the event is "Rock Barn 2007", the third year hosting this fundraiser. Last year they raised money for Meals on Wheels. This year the Meals on Wheels Task Force approached them to ask if they could merge the event with their major fund raiser. It is an outdoor concert including food and entertainment. They appreciate the support from everyone in the Town.
          Mr. Dill said the event will be from 5 to 11 p.m. They have off-duty Sheriff Deputies for traffic control and security. He will also notify the fire company. Supervisor Hallock said the New York State Police and Erie County Sheriff's should be notified.
          Mr. Dill said it is for a great cause, not only a warm meal for people, but the human contact.
          Motion by Councilman Casilio, seconded by Councilman Kolber to grant approval for a Special Event Permit for a charitable event to be held on July 20, 2007 at 9015 Main Street. Upon roll call - Ayes: All; Noes: None. Motion carried.

Dash's Market requests a Building Permit and Architectural Approval for additions and remodeling of an existing grocery store in the Traditional Neighborhood District at 8845 Main Street; and a request for a Public Hearing to consider a Special Exception Use Permit for a drive thru facility. James Callahan said the location is on the south side of Main Street between Cameron Drive and Roxbury Drive.
          Elizabeth Buscaglia, Architect and Joe Dash, owner were present. They are changing the current building to include a 28,000 sq. ft. store. They will subdivide 4,800 sq. ft. for another tenant and then add another 3,600 sq. ft. of retail space. They are displacing some parking spaces and relocating them to the east side of the site. They are proposing a drive thru on the site for coffee in the morning from the full service café.
          Councilman Bylewski said there is a real concern with a traffic conflict with the drive thru. The architect said they understand the concern, and feel they have found the appropriate location on the site.
          Councilman Kolber said it looks fantastic and we are very happy to see them come to this Town. His only concern is with the drive thru. He believes they are creating a problem for themselves as well.
          Mr. Dash said he does not believe they will have a high volume of customers.
          Councilman Casilio said he is also concerned with the traffic conflict. Cars will come off of Roxbury and dart right towards the order kiosk. It might be better if it was right on the building.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to grant the request for a Building Permit and Architectural Approval for additions and remodeling of an existing grocery store in the Traditional Neighborhood District at 8845 Main Street, subject to Landscape Committee approval. On the question, Councilman Bylewski said that is excluding the drive thru at this point. The architectural rendering looks in total compliance in fitting in with the character of Harris Hill. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to set a Public Hearing for May 9, 2007 at 7:45 P.M. to consider the request by Dash's Market for a Special Exception Use Permit for a drive thru facility at 8845 Main Street. On the question, Supervisor Hallock asked them to address the traffic issues that were brought up. Councilman Weiss said they tried to get them to come here a few years ago, and he is thrilled they are here now. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to table the request by Cliff Lilley for a Change-In-Use from vacant former tile store to a restaurant in the Major Arterial Zone at 5575 Transit Road until the applicant is available. Upon roll call - Ayes: All; Noes: None. Motion carried.

Sharon Corbett requests Minor Subdivision Approval to create an additional residential building lot in the Agricultural Rural Residential Zone at 10865 Keller Road. James Callahan said the location is the south side of Keller Road at the Newstead border.
          Sharon and Daniel Corbett were present.
          Councilman Bylewski said the creation of this lot is in conformance with the Zoning and Subdivision Laws.
          Motion by Councilman Bylewski, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed creation of an additional residential building lot in the Agricultural Rural Residential Zone to be split from 10865 Keller Road. This is an Unlisted Action involving the creation of a residential building lot. After thorough review of the Environmental Assessment Short Form, it has been determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 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 Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Minor Subdivision approval for one additional residential building lot to the applicant, Sharon Corbett, for the property to be split from 10865 Keller Road subject to open space and recreation fees.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Orin Kelkenberg requests Minor Subdivision Approval to create an additional residential building lot in the Agricultural Rural Residential Zone at 6990 Heise Road. James Callahan said the property is located on the west side of Heise Road, north of County Road. The proposed lot is in conformance with the Zoning and Subdivision Laws.
          Orin Kelkenberg was present. He would like to create a lot for his son to build a home.
          Motion by Councilman Bylewski, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed creation of an additional residential building lot in the Agricultural Rural Residential Zone to be split from 6990 Heise Road. This is an Unlisted Action involving the creation of a residential building lot. After thorough review of the Environmental Assessment Short Form, it has been determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 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 Supervisor Hallock to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Minor Subdivision approval for one additional residential building lot to the applicant, Orin Kelkenberg, for the property to be split from 6990 Heise Road subject to open space and recreation fees. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Casilio to grant approval for the following: Clubhouse Applications - A. Clarence Republican Committee - April 4, 2007; B. Boy Scouts of America - May 14, 2007; Clarence Hollow Association - Oct. 18, 19 & 20, 2007; Legion Hall Applications - A. Boy Scout Pack 563 - April 4, 2007; B. Sally Suchyna - April 22, 2007; C. William Metzger - April 28, 2007; D. Jody Kuppinger - April 29, 2007; E. Clarence Democratic Committee - June 8, 2007; and Rosana Philippone - Aug. 11, 2007. On the question, Councilman Bylewski said he is a member of Clubhouse item C and Legion Hall item E, however this is ministerial and he will be voting. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board the following bills of March 22, 2007 are approved for payment: General Fund - $91,110.97; Highway Fund - $22,452.43; Community Development Fund - $463.61; Drainage District - $5,410.00; Lighting Districts - $1,037.43; Sewer Districts - $98.34; and Capital Fund - $3,885.80 for a total amount of $124,458.58. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the regular meeting at 8:47 P.M., and reconvene to Executive Session. Upon roll call - Ayes: All; Noes: None. Motion carried.

Nancy C. Metzger
Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 9:30 P.M. (Councilman Casilio left the meeting at 9:15 P.M.) Upon roll call - Ayes: All; Noes: None. Motion carried.