05/23/07


A Work Session of the Clarence Town Board was held on May 23, 2007 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Director of Community Development James Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Director of Administration and Finance Pam Smith and Youth Director Dawn Kinney.

Director of Community Development – James Callahan

Public Hearings:

Dan Glushefski 8130 Goodrich Road
A Public Hearing is scheduled for 7:45 P.M.
Applicant is requesting consideration for a Special Exception Use Permit for a Bed and Breakfast Inn at 8130 Goodrich Road. The proposed site is located on the southwest corner of Goodrich and Sesh Road in existing farmhouse located on 30+ acres in the Agriculture Flood Zone. A question was raised about limiting occupancy and the enforcement of occupancy long term.

Walgreen 9217 Main Street
A Public Hearing is scheduled for 7:50 P.M.
Applicant is requesting consideration for a Special Exception Use Permit for a drive-thru facility at 9217 Main Street. The proposed site is located on the south side of Main Street at the Sheridan/Thompson/Main Street intersection. Applicant is proposing to develop a new drug store and office building.

West-Herr Automotive Group 5505 Transit Road
A Public Hearing is scheduled for 7:55 P.M.
Applicant is requesting consideration for a Temporary Conditional Permit for a parking lot expansion at 5505 Transit Road. The existing automotive sales operation has acquired property between the Saturn dealership and West-Herr pre-owned dealership. The former commercial structure between the two properties has been demolished (Central Fireplace).

Glen Campbell Suzuki 5205 Transit Road
A Public Hearing is scheduled for 8:00 P.M.
Applicant is requesting consideration for a Special Exception Use Permit to convert the existing used car facility into a new car dealership. Their application also includes a small addition to the rear of the existing structure to accommodate service bays.

Formal Agenda items:

Henhouse Antiques 10768 Main Street
Applicant requests a Public Hearing to consider a Temporary Conditional Permit for an off-premise sign in the Traditional Neighborhood District. (Applicant asked to be removed from agenda).

Harden Furniture 8326 Main Street
Applicant requests a building permit and architectural approval for a Change in Use from restaurant (Central Station) to furniture store, including a small addition to convert to a furniture sales operation. The proposed site is located on the north side of Main Street, west of Harris Hill Road in existing commercial building located on 1+ acre in the Traditional Neighborhood District. All setbacks are met with the proposed addition and adequate parking exists to accommodate the use.

Frank Morreale 8575 Roll Road
Applicant requests a Change in Use from vacant to sandwich shop in the Industrial Business Park located on 4.47 acres in the Industrial Business Park Zone. The proposed site is located on the south side of Roll Road, east of Harris Hill Road. Adequate parking exists in the front of the structure to accommodate the space proposed for the use. (Applicant asked to be removed from agenda).

Mark Tuffaliero 10120 County Road
Applicant requests preliminary concept review of a proposed industrial business park. Applicant is proposing to develop a six unit warehouse/distribution business park on existing vacant land consisting of 4.21+/- acres in the Industrial Business Park Zone. The proposed site is located on the north side of County Road, west of Strickler Road. All setbacks and uses would appear to be compatible with the Zoning and Master Plan 2015.

Greatbatch Inc. 10000 Wehrle Drive
Applicant requests a building permit and architectural approval for construction of an addition to the existing facility. The proposed site is located on the north side of Wehrle Drive, west of Shisler Road at existing commercial/industrial facility located on 250+ acres in the Industrial Business Park Zone. Adequate parking exists to accommodate the new office space. All setbacks and uses are compatible with Zoning and Master Plan 2015.

Michael Houlihan 10205 Martin Road
Applicant requests a Public Hearing to consider a Special Exception Use Permit for a secondary living unit. The proposed site is located on the south side of Martin Road, west of Strickler Road in an existing single-family residence located in the Agriculture Rural Residential Zone. A Public Hearing date will be set for June 13, 2007 @ 8:00 P.M.

Chris Corolla 8720 Clarence Center Road
Applicant requests a 2-lot Open Development at 8720 Clarence Center Road. The proposed site is located on the north side of Clarence Center Road, west of Shimerville Road, east of Shamrock Drive on existing vacant land (previously demolished farmhouse and barns) consisting of 4+ acres in the Residential Single-Family Zone. Applicant was recently denied a Special Exception Use Permit to construct an accessory structure for a secondary living unit. Applicant is now seeking alternative method to develop the previously requested home and accessory unit. All minimum requirements of the Subdivision Law can be met with the proposed alternative (2 acre minimum lot size and acceptable frontages). The only two issues that come up are the size of the (carriage house will be an occupied unit) accessory structure which is 2,500 square foot minimum, the applicant is asking to reduce that and the 150' setback.

Brookfield Country Club 5120 Shimerville Road
Applicant requests a Fireworks Permit for May 25th for a wedding celebration at 5120 Shimerville Road. Applicant has provided insurance, Fire Chief Approval and fees per our Local Law.

Work Session items (June 13, 2007 Town Board meeting):

Dunkin Donuts 9430 Main Street
Applicant is proposing an architectural style and would like Town Board approval on the design. The proposed site is located on the north side of Main Street, west of Goodrich Road on existing vacant land in the Commercial Zone. Applicant has received a Negative Declaration under SEQRA and a Special Exception Use Permit for a drive-thru facility. This project is still awaiting Development Plan review and will be back at a future date for this final approval if the architectural style is acceptable. Silvestri Architects presented revised drawings of the proposed Dunkin Donuts building. The Town Board would like to see a pitched roof style building. All the glass in the one design made the building look very commercial which is what the Town is trying to get away from on Main Street. Councilman Weiss did not care for the double “D" logo on the awning in front.

Representatives from Dunkin Donuts stated that they have several issues. In this market, they are at a competitive disadvantage. There are Tim Horton's on every corner and they have a standard building. This is a corporate discussion they have to make with their franchisee. They are looking for direction from the Board as to where they can keep some of their imagery and the brand and where they can not. They do not want to go in the direction of the Penfield branch. They would like to go with a commercial look but still have some identity. The Board would like to see a brick building vs. cinder block and a pitched roof.

Hometown Cleaners 8525 Main Street
Applicant is proposing to add on to the front of the building. They will have to go before the Zoning Board of Appeals as they are proposing to extend out to within several inches of the right-of-way. Councilman Casilio indicated that this building has burned and has been remodeled several times. The building was almost totaled during a fire in 1950. Councilman Casilio has spoken to Mr. Reid several times about establishing the two chimneys that existed 100 years ago even if they are non operating masonry chimneys. Mr. Reid is hoping to have the work completed before the Bi-Centennial.

Supervisor Kathleen Hallock

Supervisor Hallock stated that there is one disclosure still outstanding. The next step is to have a Town Board resolution sent to this individual. Councilman Kolber will contact the person in question before the next meeting.

The insurance appraisals for the pictures in the clubhouse came in high. The curator from the Hockaday Museum in Montana is requesting her own appraisal and will do it at her cost. Town Attorney Bengart suggested a town official be present during this appraisal.

Supervisor Hallock stated that the Town is not in the art business as far as properly storing and protecting the artifacts.

Parks Crew Chief John Burns has money in the Clubhouse account to go ahead with the alarm system at the Clubhouse.

Al Festaiuti has submitted his letter of resignation from the Erie County Environmental Management Council and the Clarence Conservation Advisory Committee. Councilman Weiss will announce the resignation and openings. The position should be filled by a Conservation Advisory Committee member.

An Eagle Scout has forwarded an invitation to the Board for a ribbon cutting ceremony to take place June 3. His project included installation of handicap playground equipment at Sunset Park. Another Scout completed work at the Cox Cemetery on Shimerville Road.

Supervisor Hallock received a letter from Mrs. Adamczyak regarding the roundabout. Councilman Bylewski stated that it is the County's project and we will not have any answers until the June 6th meeting.

At the January 17, 2007 Work Session there was a discussion relative to Paul McCarthy Jr. constructing an accessory storage building at his existing automotive repair shop located at 6600 Goodrich Road. At that time, Mr. McCarthy requested the Town move the ditch that runs along the property however, the Town has never done this in the past. Town Engineer Latona instructed Mr. McCarthy to contact an outside engineer. Mr. McCarthy felt because of the taxes he pays, the town should pay for moving the ditch. Town Engineer Latona stated if someone wants to move a ditch, standard practice is the applicant must hire an engineer so that we know the ditch has the same capability. Mr. McCarthy was given a list of names of contacts.

Supervisor Hallock received two resolutions from the Erie County Legislator. One resolution encouraged all towns two continue to pickup roadside debris from the October storm. The other was a resolution amending the NYS Corrections Law restricting where level 3 sex offenders live.

Swormville VFC representative John Gaulocher called again. His fire company may want to lower the retirement age under LOSAP and would like to know the effects on tax rates. Councilman Bylewski stated that Swormville VFC was informed that if they want to make a change, they should make a formal request to the Town Board for review. The Town should not have to run numbers every time a member of the fire company calls.

Supervisor Hallock will make a motion approving several Special Event requests.

The electric golf cart from NY Power Authority is expected to be delivered to the Parks Department next week. Training will be provided. There is capacity for four people, maximum speed limit is 25MPH with a charging time 8 -10 hours.

The Department of Motor Vehicles has been working out of the Town Hall. They are trying to work out technical difficulties with the library and have asked for a more permanent arrangement if necessary. Supervisor Hallock stated that we are still trying to resolve the technical problems at the library.

Senior Building Inspector David Metzger stated that the stairs at the Historical Museum are in bad shape. If the Town was considering replacing them, they would have to be compliant including railings which would distract from the look. The stairs can not be repaired, they would have to be torn out and rebuilt. There are trees in the way which are causing part of the problem. The Historical Committee is concerned about the appearance of the building. Councilman Bylewski stated that if we have to repair the stairway and bring it up to code that will change the look. So no matter what we do either repairing or removing the stairs, we are changing the look of the building.

Director of Administration and Finance Pam Smith

At the March 14, 2007 Work Session, Pam Smith requested direction from the Town Board relative to cell phone charges that the IRS is mandating that we charge employees use of the cell phone for any personal calls. The decision at that time was to come up with a flat rate number and charge them that per month (add that into their pay and then tax them for it and take it back out). This is the first pay period that it hit. Pam Smith received numerous telephone calls, the employees don't like it. She informed them that this is an IRS regulation however, they did not seem to care, they want the Town to do something about it. Half the telephone calls received, employees stated that they will just turn their cell phones in, they do not use them enough and do not want to pay what the tax affect is which is between $8 - $10 per pay which is approximately $24 per month. Councilman Bylewski stated that his concern is if there is an emergency situation, how would we get in touch with certain individuals. Councilman Weiss suggested finding out the number of employees on the emergency phone list. Supervisor Hallock stated that we could give the employees the option of going through the bill and paying for their individual calls. Pam Smith stated that if an employee is not an “emergency contact employee" and they just have a cell phone, can we give that employee the option of turning the cell phone in. It is time-consuming to copy the bills. She is not sure what criteria was followed for distributing the 27 cell phones. Pam Smith needs a resolution before the next pay period.

Senior Building Inspector David Metzger stated that the amount that the employee is being charged is the cost of the entire cell phone bill for the month. The employee is being taxed on the full amount of the cell phone bill, not the percentage of what he might be using. We are penalizing employees that never use their cell phones. Director of Community Development James Callahan stated that he has used his cell phone once in two years, he will turn his in. It was nice however to have the safety feature of being able to contact someone in case of an emergency when he is on a job site, they used to have radios.

Pam Smith stated that the way the IRS explained it to her was you have to take the entire phone bill - because we have a bank of minutes, everyone is sharing the minutes - you have to take that and parlay the cost over all 27 cell phones so you can come up with a set rate of what the phone is. Dave's phone bill might be only $12 but he will be charged $24 because of all the minutes.

Supervisor Hallock questioned whether we could find another cell phone provider that would do the calculations for you.

Pam Smith stated that the employees have three options: they can either turn in their cell phones; each employee can go through the phone bill and itemize their calls or leave it the way it is. If a person is using the cell phone a lot for personal phone calls, the $10 - $12 they are being charged per month could be relatively cheap compared to what they would be paying based on the number of minutes.

Councilman Weiss asked what other municipalities are doing. Pam Smith stated that unless they are audited, they are not doing anything. A decision will be made before the next payroll.

Supervisor Hallock has a Resolution authorizing architecture Unlimited LLC to prepare floor plans of the Town Park Clubhouse in accordance with their proposal dated May 10, 2007.

Councilman Scott Bylewski

A meeting of proposed volunteers has been scheduled for either July 23 or July 30th. The date will be confirmed at the Public Safety Meeting scheduled for May 24th.

Councilman Bylewski and Supervisor Hallock will be meeting with fire company representatives on May 31st.

Councilman Bylewski will report on the building permits statistics.

The TEQR Committee has forwarded the following recommendations:

  • Negative Declaration on the proposed St. Mary's Church expansion,
  • Acknowledge receipt of the Supplemental Draft Environmental Impact Statement on the Clarence Hollow Pollution Abatement Project for the proposed Spaulding Greens Open Design Subdivision.

The TEQR Committee has tabled any action related to the proposed Harris Hill Commons Open Space Design Subdivision and expansion of Erie County Sewer District #5 and has asked the Town Board to provide direction in reviewing the application. To date, the NYSDEC has not consented to the Town being Lead Agency in this review process.

Councilman Bylewski stated that although we want to provide direction to TEQR, we as a Town would like some say as to what is going on. The Town wants to retain jurisdiction over this project, the question is what is the best vehicle to doing that. James Callahan and Town Attorney Bengart will review what the best mechanism is for the Town to retain the jurisdiction.

Al Festaiuti has submitted his letter of resignation from the Landscape Committee and the Conservation Advisory Committee.

Councilman Bylewski reminded everyone of the joint Town Board/Planning Board meeting scheduled for May 30th, an agenda has been circulated.

Youth Director Dawn Kinney is recommending Town Board approval to hire a tutor for seasonal employment for the 2007 Summer Youth series.

Co-Recreation Directors Howard Johnt and Clifford Trapper are recommending Town Board approval to appoint the Summer Recreation staff including lifeguards for the pool.

At their regular monthly meeting on May 22, the Youth Board adopted a resolution recommending that the Town pursue looking at a Community Center. Councilman Bylewski stated that the next step would be a feasibility study.

Councilman Joseph Weiss

Councilman Weiss will make a motion to approve the request by Nikki Leonardi to host a fundraiser – walkathon for Huntington's Disease. The walk will take place on September 29, 2007 on the bike path at Meadow Lakes Park with approximately 50 people.

Parks Crew Chief John Burns is recommending the hiring of four seasonal employees. Two previously hired employees declined employment and one had to leave early.

Councilman Weiss commended Youth Director Dawn Kinney and the great job she did with Youth Bureau Summer Series – it covers all age groups.

Councilman Bernard Kolber

Councilman Kolber will make a motion awarding the contract for the alarm system for the Clubhouse.

Driving through the Main Park last week, Councilman Kolber noticed that many storm damaged trees had a red “X" painted on them. In talking to Parks Crew Chief John Burns, he indicated that those trees are not being cut down; they are being reviewed by an arborist. He wants to preserve as many trees as possible.

Councilman Kolber suggested the Town of Clarence draft a Resolution requesting Erie County Water Authority move forward with a back up generator system.

Councilman Weiss asked if the Town of Clarence could not be included in getting discounted power from the Niagara Power Authority as other towns have done. Town Attorney will look into this.

Councilman Patrick Casilio

Councilman Casilio thanked Supervisor Hallock for her appointment to the Senior Center Board. He has been given numerous assignments. The Senior Center Board is interested in filling the last seat on the board.

Labor Management will meet next week.

Two Parks Security positions have been filled; there is still one position open.

Work continues on the video system for the bike path. Councilman Casilio is working with two other vendors. We have received some grant money and Councilman Casilio is working on a major donation.

Councilman Casilio has asked two welding vendors to submit prices on welding up the bases of the light poles in the Harris Hill area. To fix approximately 20 light poles, it will cost approximately $500 (per pole). Jim Schlabach has gone around and secured all the covers on the poles as well.

Councilman Casilio has a resolution authoring IBC Engineering to prepare contract documents, bidding assistance and construction services for the Senior Center stand-by generation project.

Councilman Casilio will set a bid date of June 22, 2007 for the sidewalk placement and replacement program in the Town of Clarence.

The Public Address System arrived today; it is portable and can be used anywhere but preferably at the Clarence Town Park for Memorial Day Ceremonies, Day in the Park, Winterfest, Taste of Clarence, Fishing Derby etc.

Town Engineer Latona stated that Tonawanda Creek has been approved by FEMA.

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 the financial history of a corporation, matters leading to the appointment of particular person, § 105 (1) A matters which will imperil the public safety if disclosed and § 105 (1) H the proposed lease of real property. Upon roll call - Ayes: All; Noes: None.

There being no further business, the Work Session adjourned at 7:15 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:35 P.M. Upon roll call - Ayes: All; Noes: None. Motion called. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, May 23, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:40 P.M. Pledge to the flag was led by Councilman Patrick Casilio, 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 Kolber, seconded by Councilman Weiss to approve the minutes of the previous meeting held May 2, 2007. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held May 9, 2007. On the question, Councilman Bylewski asked that the Town Clerk and the Town Attorney review the resolution on page 180 for the purchase of property on Old Goodrich Road to make sure that it complies with what we had stated previously. Supervisor Hallock said the sentence on the top of page 170 should read owners of the manufactured home park, not the residents. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock stated that items 15 and 17 have been removed from the agenda at the request of the applicants.

Motion by Supervisor Hallock, seconded by Councilman Kolber to authorize Architecture Unlimited, LLC to prepare floor plan of the Town Park Clubhouse in accordance with their proposal dated May 10, 2007 at an hourly rate, with total payment not to exceed $5,600 to be funded from the Sprinkler System Budget. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant a Special Event Request from the Clarence Hollow Association for a Celiac Disease Awareness Walk on June 10, 2007 to begin at the Main Park. On the question, Supervisor Hallock said that all appropriate agencies will be notified. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant a Block Party Request on Garrock Road to be held July 4, 2007 from 1:00 to 11:00 P.M. On the question, Supervisor Hallock said that all appropriate agencies will be notified. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant a Block Party Request on the Lantana Drive common area of Hidden Pond Subdivision on July 15, 2007 from 4:00 to 9:00 P.M. On the question, Supervisor Hallock said that all appropriate agencies will be notified. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to declare the following as surplus equipment from the Town Park Clubhouse: 11 lights, 3 chandeliers and various spare parts for same. On the question, Supervisor Hallock said that when the original lights were replicated through the Adopt-A-Light Project these lights were determined to no longer be necessary. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock received a letter from the United States Postal Service stating that they are looking into building another post office in the East Amherst 14051 postal area. They advertised for existing buildings and sites as possible locations. The enclosed list includes properties looked at and rejected for various reasons as noted. To be in compliance with postal regulations, any member of the community or this office may offer written comments on any of the properties within 30 days directed to the Vice President of Facilities to the address shown on the letter. The letter will be in the Supervisor's office and the East Amherst Post Office.
          Properties under consideration are 9630 Transit Road, Suite 100 and 8580-8588 Transit Road, both vacant store fronts. Properties not under consideration are 9570 Transit Road - vacant property, Rear of 6465 Transit Road - lack of exposure, 8770 Transit Road - lack of maneuvering area, Miles & Transit Road - vacant site is too small, 6855 Transit Road - vacant property. Councilman Bylewski added that the properties being considered are on the Amherst side of Transit Road.

Councilman Bylewski said we had some vandalism occur in our Parks over the weekend. We take this very seriously and have a zero tolerance policy for this type of activity. It is important to report any of these occurrences to the proper authorities.

Councilman Bylewski announced a joint meeting of the Town Board, Planning Board and other planning review bodies will be held May 30, 2007 at 7:00 P.M. in the Town Hall auditorium.

Councilman Bylewski reported on the Single Family Building Permits issued in April 2007 as: 10 issued in subdivisions and 4 outside for a year-to-date total of 24 in and 6 out equaling 30 permits issued. The year-to-date total for April 2006 was 40 and April 2005 was 34.

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 St. Mary's Church Expansion. This Unlisted Action involves the construction of a new worship hall and associated parking and driveway expansions at 6925 Transit Road. After thorough review of the submitted site plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, including coordinated review among involved agencies, it is determined that the proposed action 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 that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board acknowledges receipt of the Supplemental Draft Environmental Impact Statement on the Clarence Hollow Pollution Abatement Project for the proposed Spaulding Greens Open Space Design Subdivision. Per SEQRA, the Town Board as Lead Agency has 45 days to determine whether the document is adequate for public review in terms of scope and content. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski stated that it was discussed in the work session that the TEQR Committee has tabled any action related to the proposed Harris Hill Commons Open Space Design Subdivision and are waiting for further direction.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept, with regret, the resignation of Al Festaiuti from the Landscape Committee, the Conservation Advisory Council and the Erie County Environmental Management Council. On the question, Councilman Bylewski said Al has helped out tremendously on those committees. It is a shame given his expertise, but he has business commitments that do not leave him much time. Supervisor Hallock said Al was also the Town representative to the Erie County Environmental Management Council and we could add that also. (Motion amended to include.) Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said that leaves a vacancy on the Landscape Committee. We would like to find someone with a background in landscaping. Anyone interested should fill out an application.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that upon recommendation by Youth Director Dawn Kinney, Nicole Rassman be appointed as a tutor for the 2007 Summer Youth Series at the rate of $15 per hour. On the question, Councilman Bylewski said this is a seasonal appointment and the estimated total cost is up to $270. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept, with regret, the resignation of Kevin Christopher from the Clarence Youth Board. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there are currently two vacancies on the Clarence Youth Board of which applications are being accepted through Friday. Applications will be accepted through June 23rd for the new vacancy. Anyone interested should submit an application.

Councilman Bylewski said the Youth Board, at their meeting held last night, passed a resolution recommending that the Town Board take necessary steps toward the process of implementing a plan for the construction of a community center.

Motion by Councilman Bylewski, seconded by Councilman Weiss upon recommendation by Co-Recreation Directors Howard Johnt and Clifford Trapper, the following be appointed to the Summer Recreation Staff at the budgeted rates of pay: Recreation Specialists - James Ferguson, Erin Fulcher, Greg Riggio and Trevor White; Recreation Supervisor - Jenna Snyder; Recreation Attendants - Joseph Abouraad, Angelyn Delgato, Angela Esposito, Mary Georger, Amanda Harris, Kaitlyn Hein, Craig Levan, Jessica Notarius, Kyle Overs, Lauren Roe, Jessica Tufte, Jill Wielinski and Paul Zoratti. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss upon recommendation by Co-Recreation Directors Howard Johnt and Clifford Trapper, the following be appointed to the Summer Recreation Staff at the budgeted rate of pay as Lifeguards - Chris Durr, Scott Beebe, Stacie Karl, Jocelyn Hohman, Lauren Creighton, Ellen Witoff, Nicole Bzibziak, Jillian Kreppel, Joelle Salvo, Emily Lynett, Tara Schneider, Ben Morton, Brett VanGroenwoud, Robert Davidson, Jessica DiVita and Leslie Tunmore. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that the Town of Clarence Summer Recreation and Youth Bureau Summer Youth Series programs are available at the Town Hall and on our website.

Councilman Weiss said we now have vacancies due to Al Festaouti's resignation on the Conservation Advisory Council and the Erie County Environmental Management Council. Applications will be accepted at the Town Hall.

Motion by Councilman Weiss, seconded by Councilman Bylewski that upon recommendation by Park Crew Chief John Burns, the following be hired as seasonal help in the Parks Department at the budgeted rate of pay: Jillian Skibinski and Gina Dinki effective 5/29/07; Matthew Lenhardt effective 6/4/07; and Ryan Andres effective 6/25/07. On the question, Councilman Weiss said these appointments will replace two employees previously hired who declined and another who has to leave early. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss reported that the Parks Department planted 20 White Spruce trees at Town Place Park last week. They have 48 more trees on order to be planted in the parks.

Motion by Councilman Weiss, seconded by Councilman Kolber to grant approval for a request by Nikki Leonardi to host a fundraising walk for Huntington's disease on September 29, 2007 on the bike path from Meadowlakes Park for about 50 participants. On the question, Councilman Bylewski asked that the appropriate agencies be notified. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss said a few years ago when we had vandalism in the parks, he offered a $1,000 reward for a conviction. He never used the $1,000. He will pay a $1,000 to anyone who reports the people to the State Police whether they are convicted or not.
          Supervisor Hallock said there is also an ongoing Crime Stoppers program by the Sheriff's Department and reporters of crimes names are not given out.

Councilman Weiss said plans for Day in the Park are going very well. They have things going on the whole day. More groups are involved than ever. The event is being held on June 30th this year.

Councilman Weiss announced the Lions Club is holding their Annual Clam Bake on September 22, 2007. They are selling raffle tickets.

Motion by Councilman Kolber, seconded by Councilman Bylewski to grant permission for Assessor David Folger to attend the annual meeting of the International Association of Assessing Officers with the topic of “Geographic Information Systems In Your World" to be held June 20, 2007 in Batavia with use of a Town vehicle and any necessary expenses. Attendance to this meeting will give two credit hours toward the annual requirements. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Supervisor Hallock to authorize entering into an agreement with Amherst Alarm in an amount not to exceed $2,900 to install an alarm system in the Clarence Town Park Clubhouse per the submitted quotation. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to rescind the public hearing set for June 13, 2007 at 7:50 P.M. to consider the request by Heritage Christian Services to locate a new group home on Shimerville Road, south of Connemara Lane. On the question, Councilman Kolber said Heritage Christian Services sent in a letter and the Town must respond within a designated timeframe. The proposed date for the public hearing would have been too late. The Town is not required to hold a public hearing, however, a public informational meeting will be held on Monday, June 4, 2007 at 7:00 P.M. in the Town Hall auditorium for all interested parties to be heard. Notices will be sent to neighboring properties. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Kolber said he was in the Town Park last week and noticed several trees with red “x's" on them. In talking with Parks Crew Chief John Burns he told him that they are marked for review purposes. He has final say in what will be removed and will not take any trees down that he does not have to.

Councilman Kolber said he received a request from a resident regarding the issues with Erie County Water Authority during the October storm. He wondered if they have put in back up power systems yet to avoid any problems in the future. Councilman Kolber spoke with a retired employee from the Tonawanda water system and he confirmed how close they were to losing water. He asks that the Town Attorney draft a resolution that we can present to Erie County Water Authority. He will work on that for the next meeting.

Councilman Casilio said we found out through the October storm how many outside agencies fell short in helping with our needs. The Town has purchased a trailer to hold bedding supplies to be used in a designated shelter during a crisis event. We are making plans to use the Senior Center as a shelter in the future rather than fire halls. Fire company personnel are usually busy tending to other areas of need.

Motion by Councilman Casilio, seconded by Councilman Kolber to authorize IBC Engineering, P.C. to prepare contract documents, bidding assistance and construction services for the Senior Center Stand-by Generator Project in accordance with their proposal dated February 8, 2007 in the amount of $8,500 to be paid from the Senior Center Stand-by Generator Project Account. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Casilio said they are still working on contracts with the White and Blue Collar Units and hope to have them resolved soon.

Councilman Casilio said in regard to the vandalism in our parks, we are adjusting the security personnel's schedules to try and catch the people who are doing this. There is some video equipment in place in our parks and we hope to come up with something soon.

Councilman Casilio said we have received three quotes for replacement of light poles in the Harris Hill area. The Morlando Committee has chosen new more traditional lights for replacement. Several light pole bases have rusted making them unstable. He has received quotes to have work done on those also. The Parks Department has also performed some maintenance work.

Motion by Councilman Casilio, seconded by Councilman Bylewski to set a Bid Date of June 22, 2007 at 10:00 A.M. for the Sidewalk Placement and Replacement Program. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Casilio said we have received a new public address system for the Main Town Park to use during large events. It should be operating for Memorial Day.

Councilman Weiss said in regard to the October Storm, he thanks our Supervisor for the way she handled everything. We have seen vendors on the news lately trying to get their money from the Town of Amherst. We are not impacted in that way because of the way she did things and should be commended.
          Councilman Casilio added that our bill to FEMA was over a million dollars and we have already received some back. He also thanked her for being so diligent. Supervisor Hallock said she asked Pam Smith to check on the final 25% that is due to us. She added that some of the towns borrowed money and that is also costly.

Department Reports

Town Engineer Joseph Latona said that in conformance with the EPA Stormwater Phase II Requirements, the Town of Clarence Annual Report and Draft Stormwater Management Plan will be available for public review and comment in the Town Clerk's Office for 30 days beginning June 1, 2007. Any comments must be submitted in writing to the Town Clerk.

Town Engineer Joseph Latona reported that he just found out this morning that FEMA has approved the funding for the Tonawanda Creek Road repair. The County will be making the announcement and will start the design work. The proposal is to repair the road in its original location stabilizing it with a soil mixture that they have been working on and is now approved by FEMA. Supervisor Hallock added that the collapse took place in June 2004.

A Public Hearing was held to consider the request for a Special Exception Use Permit for a Bed and Breakfast Inn at 8130 Goodrich Road. James Callahan said the location is at the southwest corner of Goodrich and Sesh Roads consisting of approximately 30 acres in the Agricultural Flood Zone.
          Daniel Glushefski said he intends to build another house for his family on the 30-acre site. The intent is to have his mother-in-law live in the house and operate the bed and breakfast with the assistance of other family members. It may be only one room to offer a single person or family to stay for a day, weekend or possibly a week. It would not be rented by a local person, but for people traveling. He intends to be very selective, as his family is going to be living there.
          Councilman Kolber asked what cap on the length of stay he would be comfortable with. Mr. Glushefski said a week would be fine. In regard to signage, he would have only a small sign out front.
          Councilman Kolber asked if a Temporary Conditional Permit would be more appropriate for this. The main concern is what the ultimate end use could be. A Special Exception Use Permit becomes permanent on the property. Town Attorney Bengart said a Temporary Conditional Permit would require a separate public hearing. Councilman Casilio added that he would prefer to see it as a Temporary Conditional Permit.
          Councilman Bylewski asked when he intended to have the bed and breakfast up and running. Mr. Glushefski said realistically, not for another year. Councilman Kolber said the intention is not to burden the applicant, but to do it right. The application submitted will be transferred to a Temporary Conditional Permit with no additional fee.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Kolber to close the Public Hearing. On the question, Councilman Casilio said the other house that he plans to build is a separate issue and process. Mr. Glushefski said he has been up front with all of his intentions. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Weiss, seconded by Councilman Casilio to set a Public Hearing for June 27, 2007 at 7:50 P.M. to consider the request for a Temporary Conditional Permit for a Bed and Breakfast Inn at 8130 Goodrich Road. On the question, Town Attorney Bengart said it is important for the applicant to understand the difference. He could spend a lot of money setting up a bed and breakfast and a Temporary Conditional Permit could be rescinded at any time. Mr. Glushefski said that is important. Councilman Kolber said generally the first permit is for one year and then five year terms after that. The only time they are rescinded is if the applicant is not compliant with what they said they were going to do. The Town wants to support him and thinks it will be a nice asset. Councilman Casilio added that if he does what he says he is going to do, he has nothing to fear. Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request by Walgreens for a Special Exception Use Permit for a drive thru facility at 9217 Main Street. James Callahan said the location is the south side of Main Street at the Sheridan Drive and Thompson Road intersection consisting of approximately 13 acres in the Commercial Zone. The applicant proposes a new pharmacy with a drive thru facility.
          Jeff Palumbo of Damon and Morey and Jim Rumsey of Benderson Development were present. Mr. Palumbo referred to the site plan of the proposed Walgreen's and a small 8,000 sq. ft. office building on the site. They have included a 45 ft. buffer and increased the greenspace. They believe they have met the architectural style requirements. They have received signoff from the NYS DOT. The western driveway is for right-in traffic only. Mr. Palumbo thanked the Board for scheduling the hearing for this evening.
          Speaking to the subject:
          Jim Murphy asked if the drive thru would be better placed at the other side of the building. He was concerned about the stacking of cars on that side with traffic coming in.
          Councilman Weiss said he does not see that it would be much of a problem because it is not a high use like a coffee shop. He only sees one or two people in line at Rite Aid.
          William Schuster said his question is will the main driveway be lined up with the traffic light and has a thorough traffic study been done by the DOT. Councilman Bylewski said we were waiting for the comments from the DOT to make sure it was being done correctly.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on May 23, 2007 and after all interested parties having been heard, grants a Special Exception Use Permit to the applicant, Walgreens, for a drive thru facility at 9217 Main Street. Upon roll call - Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for a parking lot expansion at 5505 Transit Road. James Callahan said the location is on the east side of Transit, south of Roll Road in the Major Arterial Zone. The property consists of an existing sales operation and the proposal is to expand. The Landscape Committee has reviewed and approved the site plan.
          Councilman Weiss said he will be recusing himself as he purchases all of his fleet vehicles through West Herr.
          Frank Burzynski, Landscape Architect representing West Herr said they would like to combine the two properties and make a cohesive operation along Transit Road.
          Councilman Bylewski said they recently acquired this property. Mr. Burzynski said that is correct. The building that was on the site was previously demolished.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Casilio to close the Public Hearing. Upon roll call - Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on May 23, 2007, and after all interested parties being heard, grants a Temporary Conditional Permit to the applicant, West-Herr Automotive Group for a parking lot expansion at 5505 Transit Road subject to the following conditions: 1. Landscape plan approval by Landscape Committee. 2. No elevated displays. 3. No pennants, ribbons, streamers, balloons, spinners or other fluttering, moving or revolving devices. 4. All parking spaces paved and striped.
          Upon roll call - Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Weiss. Motion carried.

A Public Hearing was held to consider the request by Glen Campbell for a Special Exception Use Permit for automotive sales at 5205 Transit Road.
          Councilman Casilio said he is one of the owners of the property next door to this location, so he will recuse himself.
          James Callahan said the location is the east side of Transit Road, south of Greiner Road in the Major Arterial Zone. The applicant proposes to convert the used car sales to Suzuki new car sales.
          Sean Hopkins of Hopkins Garas & Sorgi was present on behalf of Glen Campbell. Jay Campbell and Kevin Campbell were also present. Mr. Hopkins said the sole purpose is to convert the existing used automotive sales operation to a new Suzuki automotive dealership. There is a possible proposed expansion if all goes well. His clients would be interested in connectivity to adjacent sites if that becomes available in the future. They also appreciate that the Board was able to expedite the public hearing.
          Councilman Kolber thanked them for forwarding the pictures of what it may look like. He also asked about the proposed addition.
          Mr. Hopkins said Suzuki is anxious to get this site operating. If all goes well, they would like to construct the addition. They bring this to the Board now to let them know what their plans are. Kevin Campbell said he wanted it to be clear that they would have the ability to do the expansion because it is part of the franchise agreement.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Weiss to close the Public Hearing. Upon roll call - Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.
          Motion by Councilman Kolber, seconded by Councilman Weiss to adopt the following resolution:
          Be It Resolved that the Clarence Town Board, after a public hearing duly held on May 23, 2007, and after all interested parties being heard, grants a Special Exception Use Permit to the applicant, Glen Campbell Suzuki, for an automotive sales operation and the potential for an addition to the rear of the existing structure at 5205 Transit Road subject to the following conditions: 1. Landscape plan approval by Landscape Committee. 2. No elevated displays. 3. No pennants, ribbons, steamers, balloons, spinners or other fluttering, moving, or revolving devices. 4. All parking spaces for display of vehicles to be paved and striped. 5. Commercial open space fees on additions. 6. Allow for land use access to adjacent parcels.
          Upon roll call - Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

The request by Henhouse Antiques for a Public Hearing to consider a Temporary Conditional Permit for an off-premises sign in the Traditional Neighborhood District at 10768 Main Street is removed from the agenda at the request of the applicant.

Harden Furniture requests a Change-In-Use from a restaurant to furniture sales at 8326 Main Street. James Callahan said the location is on the north side of Main Street, west of Harris Hill Road consisting of an existing restaurant on approximately one acre in the Traditional Neighborhood District.
          Councilman Casilio said his sister, Mary Powell, is the realtor in this business transaction so he will recuse himself.
          Phil Silvestri, Architect and David and Sandy Gardner, owners were present. Mr. Silvestri said they are proposing a 2,000 sq. ft. addition to the rear. They will use the existing parking, but adding a topcoat and striping. A new sidewalk will be added to provide safer access to the building. They will also improve the exterior of the building and move the entrance to the center of the building.
          Councilman Bylewski said this is currently known as Central Station.
          Councilman Kolber asked if there was adequate parking. Mr. Silvestri said there are 35 spaces. Councilman Kolber asked if they could take a few spaces at Main Street out to increase the greenspace in that area. Mr. Callahan said there would be more than enough parking spaces for the building.
          Mr. Silvestri said his client is willing to remove those spaces. They have lost their lease at their current location in Elma and time is of the essence.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Change-In-Use from a restaurant to furniture sales at 8326 Main Street as per the submitted drawings with the minor change to remove the first two parking spaces from the southwest corner of the lot. A Building Permit for the addition and Architectural Approval are also granted, subject to Commercial Open Space Fee. On the question, Councilman Kolber asked what material was being used for the siding. Mr. Silvestri said they will be using drivit in an off-white color. Upon roll call - Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

The request by Frank Morreale for a Change-In-Use from vacant to restaurant at 8575 Roll Road is removed from the agenda at the request of the applicant.

Mark Tuffaliero requests Concept Plan Review of a proposed Industrial Business Park at 10120 County Road. James Callahan said the location is the north side of County Road, west of Strickler Road, an existing vacant lot in the Industrial Business Park Zone.
          Jason Wright of Greenman Pederson was present representing Mr. Tuffaliero. The proposal is for six warehouses similar to the Kelkenberg development further down County Road. His intent is for building contractors or landscape contractor's warehouses with associated office space. The plan is for a phased project.
          Councilman Bylewski said they would have to take the Right-to-Farm Legislation into consideration regarding any impacts on agricultural practices in the area.
          Mr. Wright said the buildings would be metal buildings with brick facades on the front. The intent is to have uses that would store all materials inside.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for Concept Plan Review of a proposed Industrial Business Park at 10120 County Road to the Planning Board. Upon roll call - Ayes: All; Noes: None. Motion carried.

Greatbatch, Inc. requests a Building Permit and Architectural Approval for an expansion to existing facility at 10000 Wehrle in the Industrial Park Zone. James Callahan said the location is the north side of Wehrle Drive, west of Shisler Road consisting of an existing industrial business use within the Industrial Business Park Zone.
          Councilman Casilio said he has contractual agreements with Wilson Greatbatch, so he will recuse himself from all discussion.
          Curt Cashmore, Facilities Manager said this is a consolidation effort to bring their corporate offices and technology center together. It is a considerable expansion including a second floor area. They will have about 350 parking spaces that should adequately suit them.
          Councilman Kolber said on behalf of the whole Town Board, they are very happy to see this project happening here.
          Curt Cashmore said consolidation efforts are never easy. They would like to get started as early as July. They also want to make clear that they will need to use temporary trailers connected at the right of the building. Employees will be working in that space.
          James Callahan said they will be connected and it will be used for the construction and not as a satellite location.
          Mr. Cashmore said people will be temporarily shifted around to locations down the street and to the Alden location. The temporary trailer space will be approximately 5,000 sq. ft.
          Councilman Kolber said he likes the architectural renderings. Most of the manufacturing has been removed from the site to the Alden location. They are actually decreasing the hard surface and increasing the greenspace.
          Motion by Councilman Bylewski, seconded by Councilman Bylewski to grant a Building Permit and Architectural Approval to Greatbatch, Inc. for an expansion to the existing facility at 10000 Wehrle Drive in the Industrial Park Zone per the site plan submitted and subject to Commercial Open Space Fees; and approval for approximately 5,000 sq. ft. of temporary office space for one year or until the building is completed, whichever comes first. Upon roll call - Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Michael Houlihan requests a Public Hearing to consider a Special Exception Use Permit for a secondary living unit at 10205 Martin Road. James Callahan said the location is the south side of Martin Road, west of Strickler Road consisting of a single family residence in the Agricultural Rural Residential Zone. The applicant is proposing an addition to be used as a secondary living unit.
          Susan Houlihan said they will like to add on a master bedroom. Originally her mother was supposed to move in but has made different arrangements. She would still like to do the project in case some day her mother becomes ill and had to move in it would be done.
          Councilman Bylewski said there are conditions of a secondary living unit. Mrs. Houlihan said Tom Kelkenberg is handling the addition for them.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to set a Public Hearing for June 13, 2007 at 8:00 P.M. to consider the request for a Special Exception Use Permit for a secondary living unit at 10205 Martin Road. On the question, Councilman Bylewski suggested that the applicant get in touch with the Zoning Office to explain the conditions including that the occupant must be a family member or employee, deed restriction, etc. Mrs. Houlihan said it would be for her mother and she would not have any intention of renting it out. Upon roll call - Ayes: All; Noes: None. Motion carried.

Chris Carollo requests a 2-Lot Open Development Area at 8720 Clarence Center Road. James Callahan said the location is the north side of Clarence Center Road, west of Shimerville Road consisting of approximately 4.7+ acres.
          Chris Carollo said he has gone back to the drawing board with his project to try and avoid a variance nightmare. He believes it is a better plan for everybody.
          James Callahan said he has created the access drive with two lots in compliance with the code. The two issues are the minimum size and the setback from Clarence Center Road.
          Mr. Carollo said in regard to the setback he is trying to work with the zoning requirements and thinks it will be less of an impact on the neighbors.
          Supervisor Hallock said the Town Board came up with a number of questions and believe this should be referred to the Planning Board.
          Mr. Carollo said the issue of the size has been eliminated. Both structures will be over 2,000 sq. ft.
          Motion by Councilman Casilio, seconded by Councilman Weiss to refer the request by Chris Carollo for a 2-Lot Open Development Area at 8720 Clarence Center Road to the Planning Board. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant a Fireworks Display Permit to Brookfield Country Club for a wedding celebration on May 25, 2007 at 5120 Shimerville Road. All required paperwork and fees have been received. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Application - A. Boy Scout Troop 664 - May 30, 2007; Legion Hall Applications - A. Clarence Conservative Committee - June 20, 2007; B. Duane Burkard - July 1, 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 May 17, 2007 are approved for payment: General Fund - $132,449.59; Highway Fund - $37,230.25; Water District - $111,065.00; Sewer Districts - $302.02; and Capital Fund - $90,074.80 for a total amount of $371,121.66. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:26 P.M. in memory of Dorothy Eshelman, a direct descendant of one of the founders of Clarence Center. She attended the Bicentennial Birthday celebration this year at the age of 99 and had hoped to attend the events set for next year.

Nancy C. Metzger
Town Clerk