06/27/07


A Work Session of the Clarence Town Board was held on June 27, 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, Town Engineer Joseph Latona and Director of Administration and Finance Pam Smith.

Director of Community Development - James Callahan

Public Hearings:

Adequate Public Facilities Local Law - Tyson Smith distributed copies of his presentation. The presentation is the same as the draft that was handed out along with monthly updates.

Dan Glushefski 8130 Goodrich Road
Applicant is proposing to convert the existing farmhouse into a Bed & Breakfast Inn. The proposed site is located on the southwest corner of Goodrich and Sesh Road on 30+ acres in the Agriculture Flood Zone. Per the Zoning Law, the Town Board has authority to approve B&B's via a Special Exception Use Permit or a Temporary Conditional Permit. A Temporary Conditional Permit will allow the Board to lock down certain conditions such as limiting the length of time a person could stay at the B&B.

Formal Agenda items:

J. F. Krantz 10060 Martin Road
Applicant is proposing to mitigate a wetland on the property by creating a new 3+ acre wetland per approval of the Army Corps of Engineers. The proposed site is located on the north side of Martin Road, west of Strickler Road on existing vacant land consisting of 24.8+/- acres in the Agriculture Rural Residential Zone. Per the Clearing, Filing and Grading Law, the Town Board has authority to approve land disturbances. A mitigation plan has been submitted as approved by the ACOE.

Shops at Main/Transit 4401 Transit Road
Applicant is proposing to amend the previously approved Development Plan to reduce the size of the out-parcel and is proposing a small 3 - 4 shop plaza. The proposed site is located on the northeast corner of Main Street and Transit Road in existing shopping plaza previously approved for development of a 14,000 square foot out-parcel along Transit Road adjacent to the gasoline filling station. Parking is sufficient to meet code. Referral to Landscape Committee is recommended to consider adding green space along the front. (Applicant asked to be removed from this agenda and placed on the July 11th agenda).

Chris Prawdzik 7963 Transit Road
Applicant is proposing to develop an office building with attached warehouse facility. The proposed site is located on the east side of Transit Road, north of Wolcott Road in existing single-family structure located on 20+ acres in the Density Flood Zone and Restricted Business Zone along the Transit Road frontage. (Applicant asked to be removed from the agenda).

David Sutton 4295 Harris Hill Road
Applicant is proposing to develop a second office building on the property fronting Nottingham Terrace. The proposed site is located on the east side of Harris Hill Road, south of Main Street and also fronting on Nottingham Terrace. The existing office building is located on 2.3+/- acres in the Traditional Neighborhood District. There are issues with setbacks and parking.

Russell Gullo 6825 - 6843 Transit Road
Applicant is proposing to demolish the existing residential uses and construct a new retail store with appropriate parking. The proposed site is located on the east side of Transit Road, north of County Road on 3+ acres in the Swormville Traditional Neighborhood District. The Planning Board has forwarded a recommendation on the Development Plan with several conditions.

Brian Grau 10397 Clarence Center Road
Applicant is proposing to split the existing lot in two to create two lots each with 200+/- feet of frontage and 5+/- acres. The proposed site is located on the south side of Clarence Center Road, east of Strickler Road on existing vacant land consisting of 400+/- feet of road frontage and 10+/- acres in the Agriculture Rural Residential Zone. The proposed project is in conformance with local zoning and Master Plan 2015.

William Henderson 8060 Wehrle drive
Applicant is proposing to construct an addition to the existing commercial structure. The proposed site is located on the north side of Wehrle Drive, east of Transit Road at existing commercial building located on 1+ acre in the Commercial Zone. The proposed addition is in conformance with all zoning regulations.

Town of Clarence 10510 Main Street
Requests a Change in Use from former post office to Youth Bureau headquarters to be located in existing vacant building located on .5 acres in the Clarence Hollow TND. The proposed building is located on the north side of Main Street, east of Alexander Drive. Drainage issues have been dealt with to the satisfaction of adjoining property owners. Councilman Casilio noted for the record that he has recused himself from this project because of his sister Mary Powell involvement with the project. He was not part of any talks, negotiations or agreements and has filed a disclosure form.

Day in the Park Firework Permit
All insurance, fees and fire chief approvals are in order.

Work Session items:

Shops at Main/Transit 4401 Transit Road
Applicant is proposing to amend the previously approved Development Plan to reduce the size of the out-parcel and is proposing a small 3 - 4 shop plaza. The proposed site is located on the northeast corner of Main Street and Transit Road in existing shopping plaza previously approved for development of a 14,000 square foot out-parcel along Transit Road adjacent to the gasoline filling station. Parking is sufficient to meet code. Referral to Landscape Committee is recommended to consider adding green space along the front.

Steve Kieffer 8175 Sheridan Drive
Applicant is proposing to develop an office park on existing vacant land consisting of 3.8+/- acres in the Restricted Business and Commercial Zone. The proposed site is located on the south side of Sheridan Drive, east of Eastern Hills Mall entrance.

Uncle Bob's Self-Storage 8161-8175 Sheridan Drive
Applicant is proposing to demolish existing residential properties and expand the existing self-storage facility by constructing a new 2-story climate controlled storage building. The proposed site is located on the south side of Main Street, east of Transit Road at existing self-storage facility located on 5+/- acres in the Commercial Zone. The Planning Board has forwarded a recommendation with conditions. The Town Engineer has approved the Development Plans and the Landscape Committee has approved the landscape plans.

Casilio Companies 8755 Sheridan Drive
Applicant had previously identified in Part 1 EAF and in the original Development Plan approvals that blasting of rock would not occur during construction. Applicant is now proposing to blast rock during construction. The proposed site is located on the south side of Sheridan Drive, east of Boncrest Drive on existing vacant land consisting of 4+/- acres in the Restricted Business Zone. Development Plan approval was granted in 2006. Per the SEQRA and Zoning Law, the Town Board has authority to approve changes to previously issued Negative Declaration and Development Plans. Councilman Casilio recused himself from discussion on this project; he is a partner in Casilio Companies.
Peter Casilio faxed a letter to Supervisor Hallock this afternoon. The applicant is requesting that instead of hammering the rock, they will blast the rock. Hammering will take the entire summer accompanied by the usual loud noise of hydraulic hammers and diesel engines. Multiple large excavators with hydraulic hammers will be needed to perform the work with an additional machine to excavate the rock. Blasting the rock could be done in two weeks, drastically shortening the disturbance to surrounding neighbors. Surrounding properties would be surveyed prior to work.
Councilman Weiss stated that when the applicant first presented their project, they knew they were building on rock - wasn't a determination made at that time that they would not be blasting. Peter Casilio stated that the question was asked and it was determined that they would not be blasting. The SEQRA indicated that they would be hammering the rock however, when the project went through engineering and town approvals, they continued to lower the height of the building by sinking it into the ground. Engineering of the stone and septic system also got sunk into the ground. When the project was put out for pricing, all the site contractors indicated that this project would take 2 - 3 months to break this rock during the summer and they would be better off to blast the rock.
Blasting the rock would take one-third (three - four weeks) of the time it would take to hammer it. Supervisor Hallock stated that the environmental review was approved hammering the rock. Councilman Bylewski stated that it is imperative that the neighbors be notified of this latest development.

St. Mary's Church 6925 Transit Road
Applicant is proposing to develop a new worship hall. The proposed site is located on the southeast corner of Transit and Stahley Roads at existing church campus located on 10+ acres in the Swormville TND. The Planning Board has forwarded a recommendation to deny the proposed expansion as designed.

Supervisor Kathleen Hallock

Supervisor Hallock has a Special Event Request from Dateline NBC News. They will be filming at the Salt Road entrance to the Bike Path on July 5th or 6th.

Supervisor Hallock has received numerous complaints regarding power outages in Pine Breeze and on Keller Road. NYSEG recognized problems with their Roll Road station servicing those areas due to higher per capita consumption and a greater number of customers. As of this afternoon, the repairing and rebuilding work in complete and capacity has increased by 50%.

Supervisor Hallock has a Special Event Request from Pregnant with Cancer. They have scheduled their annual walk for August 4th at the Main Street Park.

Benderson Development Company has notified Supervisor Hallock that the Reforestation Account has been opened in the name of the Town of Clarence at Russell's Tree and Shrub Farm.

Kaleida Health has invited Supervisor Hallock to Millard Fillmore Hospital for an informational meeting on Tuesday, July 10th at 2:30 PM - the invitation is extended to the entire Town Board if anyone is interested.

Supervisor Hallock and Animal Control Officer Jerome Schuler met with the SPCA relative to some grants that have become available. There is not much information available at this time.
Supervisor Hallock reminded everyone that whenever they recuse themselves, a transactional disclosure form should be filed in the Town Clerk's office. Reminder notices will be mailed to town committees and boards that vote on projects. Councilman Bylewski suggested that in the near future, the Ethic's Committee in conjunction with the Town Attorney's office provided ethics training to the various town committees just to review the proper procedures.

The closing on the Thompson Road parcel took place last week. Mike Powers would like to meet with the football league and suggest a playing field at this location but before he did this, he needs to know if the Board approved his recommendations for Sunset Park. Councilman Bylewski stated that one recommendation in particular included the creation of a 100 yard football/lacrosse field at Thompson Road - this may be a SEQRA issue.

A Request for Proposal was mailed out to actuarial firms in WNY with a return date of August 15, 2007.

Councilman Scott Bylewski

Councilman Bylewski copied the Town Board on a Town of Amherst resolution that was forwarded to him by Brandon Houck from Swormville Fire Company regarding acquisition of Erie County Fire Training Facility at Smith and New Road in the Town of Amherst. The resolution proposes that Amherst acquire the fire training facility from the County of Erie at no cost by a direct transfer or long-term lease for the improved training of our firefighters. Councilman Bylewski has concerns as to who would be able to use the facility and whether the Town of Amherst would charge for usage. The Town Board will defer any action until they can get more clarification.

Councilman Bylewski will announce the resignation of James Kinney as Chairman of the Public Safety Committee.

The TEQR Committee has forwarded several recommendations.

When approving the Walgreen's resolution, one of the conditions was omitted however, it was noted in the minutes. Councilman Bylewski will make a motion to amend the resolution to include “decorative and sign lighting is to be turned off ½ hour after closing."

Councilman Bylewski will announce that the Youth Board passed a resolution regarding the establishment of a Community Center.

Councilman Bylewski has one attorney-client item to discuss in Executive Session and eight items regarding the employment history of individuals.

Councilman Joseph Weiss

Deputy Highway Supervisor Greg Giblin is requesting direction from the Town Board as to whether or not the Highway Department will continue to pickup debris on private roads as was done during the October storm. A resident on Timberlakes Drive called the Highway Department and was told that crews would be by to pickup the debris next month so the resident continued to add more brush to the pile. When she called the Highway Department to find out when they would be coming out, she was told that they did not know whether or not they would be picking up debris on private roads even after she was told they would pick it up. Town Attorney Bengart stated that during the October storm, the highway department made the determination to pick up storm debris on private roads however during a storm related incident, you are in an emergency situation and all rules supersede that. Normally, the town should not be going on private roads to do any work. Town Attorney Bengart requested that the Town receive an agreement from the residents stating that the town will not be held responsible for any damage to the private road. The Town Board felt that the debris should be picked up one last time since the highway department informed the resident that they would do so.

Councilman Weiss noted that the Conservation Advisory Committee minutes indicated that he and Councilman Bylewski were not in attendance when in fact they both attended the June 7th meeting.

Councilman Weiss stated that the Town of Clarence will take a “wait and see" approach to the trees that were damaged during the October storm.

Highway Superintendent Ted Donner is requesting a bid date of July 10, 2007 at 10:00 A.M. for the procurement of a Mini Track Excavator.

Councilman Weiss will make a motion authorizing the Supervisor to sign the County of Erie 2007 STOP - DWI Memorandum of Understanding.

Councilman Bernard Kolber

Councilman Kolber referenced an article in the paper where Grand Island imposes architectural standards for commercial buildings. The Supervisor of Grand Island e-mailed Councilman Kolber the information. They have a lot of good ideas, some of which we already have in place. Councilman suggested the Planning Board review it. James Callahan stated that he is not sure how Grand Island enforces their standards; we could possibly use it as a guide line. Councilman Kolber stated that he would like to see more architectural review and control on commercial buildings.

Councilman Kolber has tried to contact Professor Samina Raja however she is still not back in the office.

Councilman Patrick Casilio

Councilman Casilio will make a motion accepting the recommendations from Michael Powers regarding Sunset Park.

Councilman Casilio reminded everyone of the board meeting tomorrow at the Senior Center.

Town Attorney Steven Bengart

Town Attorney Bengart has three items to discuss in Executive Session including two Attorney-Client matters.

Town Attorney Bengart notified the Board that the Town has been served with a Notice of Claim for a motorcycle accident that happened on Goodrich Road. The claim has been forwarded to our insurance carrier.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105(1) F employment history of individual(s), matters leading to the discipline of a particular person(s), appointment of a corporation and two Attorney - Client matters. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:05 P.M.

Darcy A. Snyder
Deputy Town Clerk

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


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, June 27, 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 given by Dave Richards of St. Mary's Catholic Church.

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, 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 June 6, 2007. 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 June 13, 2007. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Casilio to approve a Special Event request for the “Pregnant with Cancer Walk" to be held August 4, 2007 to begin at Clarence Town Park at 12:00 Noon. On the question, Supervisor Hallock said the proper authorities will be notified. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to approve a Special Event Request for filming on the bike path entrance at Salt Road to take place July 5th or 6th by Dateline NBC News. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said she has been in contact with NYSEG about power outages in the Clarence Center area, specifically Pine Breeze subdivision and Keller Road. NYSEG identified the problem with the Roll Road station servicing those areas as due to higher per capita consumption and a greater number of customers. As of this afternoon, the repair and rebuilding work is complete and 50% more capacity is available. Supervisor Hallock said she received the information late this afternoon and has not been able to respond to everyone who has called about this situation.

Supervisor Hallock said that all towns will have to comply with additional auditing requirements called GASB 45 by 12/31/08. GASB stands for Governmental Accounting Standards Board. The new requirement is to account for and report Post-Employment Benefits Other than Pensions (OPEB).
          Supervisor Hallock said Requests for Proposal were circulated with a return date of August 15, 2007. We mailed them to known actuarial firms in Western New York and other parts of New York State. If any other companies desire to bid, documents can be obtained by contacting her office.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept, with regret, the resignation of James Kinney as chairman and member of the Public Safety Committee effective immediately. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said applications for the Public Safety Committee will be accepted through July 27th for anyone interested. For those who have applied, applications are on file for 6 months.

Councilman Bylewski announced that a meeting will be held on Monday, July 23rd at 7:00 P.M. for everyone who has expressed interest in volunteering for the bike path safety or neighborhood watches.

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 Donald Steinwachs Open Development Area located at the northwest corner of County and Heise Roads. This Unlisted Action involves the development of a 4-Lot Open Development Area in the Agricultural Rural Residential 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 among involved agencies, it is determined that the proposed action is consistent with the adopted comprehensive plan and will not have a significant impact upon the environment. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss 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 Benderson Mixed Use Office Building at 5965 Transit Road. This Unlisted Action involves the development of a mixed use commercial structure 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 among involved agencies, it is determined that the proposed action is consistent with the adopted comprehensive plan 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 pursuant to Article 8 of the Environmental Conservation Law, the Town seeks Lead Agency status and will commence a coordinated review among involved agencies on the proposed Four M's Development Industrial Business Park. This Unlisted Action involves the development of up to a 6-unit office/warehouse industrial park in the Industrial Business Park Zone at 10120 County Road. On the question, Councilman Bylewski said this is being done upon consultation with our TEQR Director and the Town Attorney. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Conservation Law, the Town seeks Lead Agency status and will commence a coordinated review among involved agencies on the proposed Staybridge Suites Hotel. This Type I Action involves the demolition of existing structures and the development of a new hotel on 6+ acres in the Major Arterial Zone at 8005 Sheridan Drive. On the question, Councilman Bylewski said this is being done upon consultation with our TEQR Director and the Town Attorney. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said a motion was passed at the June 13th meeting regarding Walgreens. There was a condition that was inadvertently omitted.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to add the following condition to the June 13, 2007 Town Board minutes, page 235 in regard to the approval for Walgreens: Decorative and sign lighting to be turned off a ½ hour after closing. On the question, Councilman Bylewski asked that the applicant for Walgreens be made aware of this addition. The recommendation was recommended by the Planning Board. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that there is one vacancy on the Youth Board which he will fill at the next regular Town Board meeting.

Councilman Bylewski said he received a resolution adopted by the Youth Board recommending that the Town Board implement a plan for the construction of a community recreational facility and/or the retrofitting of an exiting structure to accommodate the needs of our youth, seniors, families and residents.
          He noted that there is a Department Head report on the agenda regarding this resolution. They also recommend the Town Board begin the process by promptly allocating the monies/resources necessary to conduct a feasibility study as its first step.

Motion by Councilman Weiss, seconded by Supervisor Hallock to set a Bid Date of July 10, 2007 at 10:00 A.M. for the procurement of a Mini Track Excavator for the Highway Department. On the question, Councilman Weiss said this is for improvements of the bike path. Supervisor Hallock added that we are trying to implement a bike path maintenance program and this would be for that. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to authorize the Supervisor, Kathleen E. Hallock, to sign the County of Erie 2007- STOP-DWI Memorandum of Understanding. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he has been reading about the Amherst tree situation where they were going to take down many trees and now they are not going to take down as many. He said right from the start, our Parks Department decided to just take down the dangerous ones and see what happens with the others. He believes John Burns deserves credit for making that decision from the beginning. We will have some problems from the drought conditions we are experiencing, but some of the trees may bounce back.

Councilman Weiss announced that the final meeting for Day in the Park will be held tomorrow at the Park at 5:00 pm to wrap everything up. The Elvis impersonator will be there during the lull hours of 6 to 8. The Assessor will be in the dunk tank at 3:30. The event starts at 2:00 and should be the best event ever.

Councilman Kolber said he contacted Congressman Tom Reynolds office about a week ago to see if we could get an extension from FEMA so that trees can be marked and identified to see if they make it. It would be better than just taking them down because reimbursement is available now. He will follow up with a letter.

Councilman Kolber said one item important to him is architectural standards to improve the appearance of Clarence. Grand Island has just put architectural standards in place for commercial buildings. He contacted them and the Supervisor forwarded a copy of them to him. He believes they did a great job and would like to have them reviewed by our Planning Board.
          Motion by Councilman Kolber, seconded by Councilman Casilio to request that the Planning Board receive a copy for review and discussion to make a recommendation of the Town of Grand Island Design and Performance Standards for Architecture to see how they can be implemented in the Town of Clarence. On the question, Councilman Bylewski said regarding the implementation, as to whether they would be as assigned standards or guidelines or as a local law should be part of that discussion. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Casilio said as everyone is aware, the Clarence Little League Football has grown to hundreds of kids participating over the years. Residents in the Sunset Park area have been feeling those growing pains. Mike Powers volunteered to put all of the interested groups together to try and work out some of the problems in that area.
          Motion by Councilman Casilio, seconded by Councilman Weiss to accept as much as practicable, the recommendations presented after numerous meetings held by Michael Powers, resident of Clarence concerning Clarence Little League Football, Sunset Park and Homeowners of the Harris Hill area. On the question, Councilman Kolber said he would like to see them change the name from the Gang of Five to perhaps the Sunset/Harris Hill Steering Committee. Councilman Casilio said the recommendation does say Gang of Five. They could choose a new name later. Councilman Bylewski thanked all who have been involved in working on that document. Upon roll call - Ayes: All; Noes: None. Motion carried.

Department Reports

Holly Zuffranieri, Youth Board to present a resolution regarding a community center. (Not present at this time.) Councilman Bylewski said he read a portion of the resolution previously stating that the Youth Board is desirous to the Town moving forward. A copy of the resolution was also forwarded to the Senior Center.

Supervisor Hallock announced that Agenda items 14 and 15 have been removed from the agenda.

Public Participation

Brian Goris, Oakwood Drive lives six houses from the proposed 10,000 sq. ft. office building at 4295 Harris Hill Road, item 16 on the agenda. Mr. Goris identified 8 items of the Master Plan, Building Code and Zoning Code that are in violation by the proposed plan. The property is zoned Traditional Neighborhood District.
          According to the Zoning Code, the intent is to provide incentives to encourage the adaptive reuse of existing structures. There is a 7,200 sq. ft. building on the site and there has been no intent to remodel or refurbish that building. Instead, he proposes a new 10,000 sq. ft. building to the rear of the site, which actually faces Oakwood and Nottingham and files it under the Harris Hill address.
          Oakwood Drive and Nottingham Terrace are zoned Single Family Residential with homes averaging 2,000 to 2,500 sq. ft. A 10,000 sq. ft. building is not in keeping with the character of the neighborhood. There are setback issues, which place the building approximately 20 to 30 feet from the nearest home on Oakwood Drive.
          Mr. Goris said it does not meet design standards in proportion with the area. The proposed plan does not provide the required amount of parking spaces according to the Zoning Code.

Marilyn Goris said lot coverage cannot be more than 60% of a project site. The existing office building, parking area and drive and the new building represent approximately 57% of the entire site.
          The Master Plan states that the Traditional Neighborhood District of Harris Hill is unique in character and the Town should work to maintain this character. It also states that the Main Street corridor should encourage smaller structures and not large buildings with parking in front, which would work to erode the character.
          Mrs. Goris said if the architect had followed the concept plan approval checklist, the plan would show the proximity of at least 20 homes that are within 500 feet further illustrating that this is a residential neighborhood and the proposed building does not fit the character, scale and size of the surrounding area.
          Mrs. Goris said her husbands cursory review found at least 8 violations by the proposed structure, and based on these facts alone, they request that the Town Board unequivocally deny this application. He respectfully suggests that the zoning abutting Oakwood and Nottingham be carefully reviewed.

Lynn Kawa, Vinewood Drive said in regard to item 16, the proposed site is in direct opposition to the Adequate Public Facilities Ordinance. It faces a quiet, residential street filled with scores of old homes. The rendering shows a sidewalk leading from the building to Oakwood Drive, which would encourage patrons and employees to park on the Harris Hill Gardens residential streets. There would be a great increase in traffic in a neighborhood of only partial sidewalks. The residents are not willing to allow their quiet streets to become a parking lot.
          The site of the proposed project is also in an elementary school zone, on an already congested thoroughfare through the Town of Clarence. It would further over-tax the road and there would be an increased safety risk to school children.
          Ms. Kawa requested that the Town Board deny the request and allow their neighborhood to remain peaceful and quiet.

Joseph Miano, Oakwood Drive said he lives directly across the street from the proposed project in item 16. This proposed office building at this location is wrong for many reasons. The building drawing is a misrepresentation of the area, as it does not depict any of the current homes that have existed for 60 plus years. It is also misleading in its street designation showing the structure being located on Nottingham, when the majority of it would be on Oakwood Drive.
          The street at Nottingham and Oakwood floods quite significantly every time it rains. The drawing does not show storm retention plans or provisions for them. A detention pond to address these issues would probably be excessive in size for what is needed for a building of this size.
          Mr. Miano said the Erie County Health Department turned down a proposal to build a small home on a vacant lot on Nottingham. He cannot see how they could allow a second septic system to accommodate a building this large. It would be totally irresponsible.
          Safe lighting for a building this size would require a significant amount of bright lighting which would be very invasive for the immediate neighbors. Mr. Miano said these are some of the points he puts forth against this project.

Suzette Altieri, Oakwood Drive has lived there with her family for over 30 years. Last year the Town Board asked her and her husband to pull together a committee from the neighborhood to work on restoring the entranceway at Nottingham Terrace. The group is called the Morlando Committee originating from the name the developers gave to this neighborhood in the 1930's.
          The committee has been working hard planning and doing cleanup for the restoration. The plan includes restoration of the brick pillars, concrete fence and lighting that were once beautiful as you entered the neighborhood.
          Mrs. Altieri believes that the proposed office building is inappropriate for this park-like neighborhood. The intent of restoring the entranceway will be overshadowed by the commercial endeavor and negatively impact the neighborhood for years to come.

Marty Powers, Circle Court said he believes his neighbors have made some very serious points. He summarized some of the statements made including:

  • Excessive in size as defined by Master Plan 2015.
  • It is out of scale for the private homes around it as specified in the Zoning Law for Traditional Neighborhood Districts.
  • Proposed parking is inadequate for size of building.
  • Increase in traffic in the neighborhood and adjoining school would be intolerable.
  • Storm water detention may exceed the size of the property.
  • Harris Hill already has known pollution problems; it would be irresponsible to allow additional septic tank construction.

Mr. Powers asked that the Town Board reject this non-conforming project out of hand. He does not believe that the developer has any respect for our community. The site plan is not even a proper site plan as defined by the Planning Department.
          Mr. Powers suggested that the Board not set the precedent of permitting developers to submit non-conforming projects and then negotiating so they get most of what they want. It is a waste of time for the Planning Board, TEQR Committee and others. He asked that this project be rejected tonight.

Holly Zuffranieri, Chairperson of the Clarence Youth Board said they have been very busy over the last 18 months to create new ideas for programs and services to improve the quality of life for the children of the Town of Clarence.
          The Summer Recreation Program is in full swing, as well as many other activities. However, in September all of these activities come to an abrupt end due to the school year resuming.
          Ms. Zuffranieri said the Youth Board was commissioned to investigate and research what our children need now and for the future. After many months of dialogue among the Board members, meetings with school officials, faith ministers and business leaders it was evident that our township needs a gathering place for youth, families and seniors.
          The community participated in a townwide survey last fall. It was conducted in the form of a needs assessment facilitated and summarized by the University at Buffalo. The results revealed many things including lack of a physical structure to house activities separate from the schools. A Community Center would address all of the issues and serve as a central gathering place for children, families and seniors. It would also serve as a focal point to disperse information and provide productive, healthful activities. Other towns have thriving community centers to bring people together.
          Ms. Zuffranieri asked that on behalf of the Clarence Youth Board, the resolution adopted by their Board be made a part of the public record. They recommend that the Town Board address this urgent need and begin the process of building a community center. In addition, they should appoint a committee from various backgrounds to serve as advisors in this endeavor.

William Cordova, Main Street spoke regarding item 19, which is next to his home. This item was previously tabled due to drainage issues. He has a statement, which he signed with the property owner on May 17, 2007 saying that the roof gutters were connected to the storm sewer and breakwall on east side installed and functioning to his satisfaction. The surface drainage is being completed. Mr. Cordova said it has not been completed to his satisfaction whatsoever. He does not understand why this is moving forward.

A Public Hearing was held to consider adoption of an Adequate Public Facilities Local Law. James Callahan said the Town has been working on an Adequate Public Facilities Law to ensure necessary infrastructure is in place before new development can occur. In preparation for this local law, Master Plan 2015 has been amended to identify that the adopted comprehensive plan supports the new legislation. A Negative Declaration was issued by the Town Board upon recommendations by the TEQR Committee and the Planning Board. We have here tonight the Town's consultant on this project, Tyson Smith of the law firm White & Smith to further explain what has been done.
          Tyson Smith said the proposed program we have in place addresses school, fire and EMS facilities. It ties residential development to the ability of the Clarence Central School District to provide adequate school capacity to the new students that would come from residential development. This is a good first step to give the Town a basis to work from. It is important to know where you are in capacity for the schools.
          Mr. Smith said the purpose of the proposed law is to link the capital improvement programs of the various agencies to land use approvals. The schools would establish level of service standards. You need a defensible basis for making land use decisions. Communities that do not have this program have to react after the fact.
          An adequate education facilities schedule is created that is based on level of service standards to tell where we are on school capacity. This schedule is maintained by the Planning Office.
          The Adequate Public Facilities Law is made up of an Adequate Educational Facilities Law with adopted level of service standards for Clarence Central School District, an annual review with local fire companies, and the Williamsville Central and Akron Central School Districts.
          Schools are tested for capacity by school, by level. They look at the affect of a specific school by any proposed development of over 5 units within the Clarence Central School District. They do not look at age restricted housing. We have a framework in place where we could add law enforcement, sewer capacity, etc. in the future.
          Mr. Smith gave an overview of the Adequate Educational Facilities Overlay Area being Clarence Central School District within the Town. The level of service is established. The capacity measures existing capacity; what is already available for development; and planned improvements, which are underway in the District today. Mr. Smith explained the AEF Schedule that the Planning Office will use which shows existing and available capacity. It shows that they have room to move forward at this time.
          The application process requires a pre-submittal meeting by the applicant with the Planning Director and the Clarence Central School District. At this time, it is required because it is new to the Town and the development community. At some point, changes will be made in the program. The applicant submits an Adequate Educational Facilities Assessment to say how many homes he is proposing and how many seats it would demand. In meeting with the Town and School, it is determined if there is available capacity. The development could move forward at that point. If it is determined that there is no available capacity at this point, the developer could present ways to rectify the situation or they could wait if it is determined that there would be additional capacity in two years. They could scale down the project. Something would have to be in place before it is moved forward.
          Mr. Smith said the Adequate Educational Facility determination expires with development proposal approvals. If there is a finding that there is not capacity, and the developer says he will wait, he can wait for two years or the capital improvement project date, whichever occurs first.
          Councilman Bylewski said he has been interested in an Adequate Public Facilities Ordinance since 2002 when Robert Frylich addressed the Town Board. He was a town attorney of the first town to have this type of law. We have been looking at infrastructure issues all along such as sewers and streets to make sure we are handling it appropriately.
          Councilman Weiss said there are probably many other areas that could added to this such as water. It gives a great basis to add other variables in the future.
          Renee Desai said she is very much in favor of this adequate public facility law because it shows good planning. In the past we have overburdened the town with building and ended up with overcrowded roads and streets. She is all for planning and very appreciative of what the Town Board is doing.
          Pete Gorton said this is a great thing, but wonders why it was just narrowly looked at for schools, fire and EMS.
          Councilman Bylewski said for now those are the pieces that we have our hands around. There are other areas like sewers where we are establishing priorities leading in to the AEF.
          Mr. Gorton asked when this would come into effect and when would the other pieces be added.
          Councilman Bylewski said if it is approved tonight, it would be in effect upon filing with the State. The other pieces are continually being worked on and he is not sure if they will be added. One of the reasons we went with this firm was that they have been successful with their ordinances in court.
          Pete Gorton said one of his main concerns is cumulative affect. One of the problems with the traffic studies addressed in the SEQR process is no one kept track of the cumulative affect.
          Councilman Kolber said it addresses lots that are already in the pipeline, so approved lots are counted. His concern is that there is only a two year lead and then developers can do anything they want. If forces the hand of the Town and/or the School District to comply with that and perhaps have to make prudent financial decisions.
          Pete Gorton said schools are at capacity right now. A lot of kids cannot play on sports teams because there are too many kids for the teams. This is the case for music, art and even class size.
          Councilman Casilio asked Mr. Smith to comment on what is missing from the report is that a large portion of the Town is in the Williamsville School District.
          Tyson Smith said Williamsville comes into a portion of the Town. They had problems participating in a formalized way because of concerns with liability. They are very willing to work with the Town informally. That is why they are included in the annual review.
          Councilman Bylewski said either way, the Town ultimately has to make the final decision.
          Jim Ieda, Howard Drive said he is an elementary school teacher and he appreciates the Town Board and all of Mr. Smith's work on this to make sure that we do not grow beyond everything that is going on. He is curious where he got the numbers from for each building and which rooms were taken in for consideration. He feels that they are at capacity at Harris Hill and does not see where another 200 kids could be added.
          David Meli, Vinewood Dr. said he also wonders where the numbers came from and if they spoke to the principals or school board members. He sees this as a rubber stamp for more development. He hopes that the Board really looks at this.
          Councilman Kolber said the Town was told four years ago by the School District that they were set for the next 10 years and had no problems with capacity at all.
          Tyson Smith said they spoke with Dr. Coseo and Rick Mancuso who provided them with the numbers. He believes they counted rooms used under normal operating circumstances but would have to verify that.
          The number used for this calculation of student generation is .47 students per unit. Councilman Kolber said the school was using about .5 per new unit and from our census studies it appeared to be a little more than 1 per dwelling unit. Mr. Smith said that is a high number to use across the board. Councilman Kolber said we have people moving to Clarence because of our schools.
          Councilman Bylewski said this would be part of the annual review process. It would not help if we don't have valid numbers. The Town does not want to engage in rubber stamping development. We want to be able to handle the development that comes in. The developer would have to wait or we will have to come up with the necessary improvements.
          Councilman Kolber said we have nothing, but this would be a tool that we can use.
          Pete Gorton said he is hearing that the developer would have to wait, but over the last five years there were a lot of kids that missed out on the high school experience because there were too many kids.
          Councilman Weiss said part of it is that they are a fiefdom under themselves. We meet with them annually and we do not have a whole lot to say.
          Pete Gorton said someone should be thinking about building another high school.
          Amanda Wojiekowski, Circle Ct. is a lifelong resident of Clarence and she is thrilled to see the Town considering this. In addition, we need to consider the other issues of traffic and sewers and planning for that is excellent. As an educator, she urges the Board's decisions to be data driven with accurate numbers so that we are not making mistakes. She is teaching in a district that had to split and now have two high schools. Now they are able to have two sets of students have the high school experience. She thinks this is a good way to go and is happy the Town is considering it.
          Councilman Weiss said we had a major development coming in and the schools said they had no problem. The next year they are adding on to all the schools. This is the type of disparity we are dealing with.
          Councilman Casilio said we have a $16 million budget and they have a $64 million budget. We do not want to keep approving subdivisions and they have to keep building schools to keep up.
          Supervisor Hallock said the reason for this law is not only for schools. From a financial perspective it helps in capital improvement planning so that you do not have huge spikes in the tax rates.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Casilio to close the Public Hearing. Upon roll call - Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved that after a public hearing duly held on June 27, 2007, and after all interested parties having been heard, the Clarence Town Board hereby adopts Local Law No. 3 of the year 2007 entitled “Adequate Public Facilities." This local law shall become effective upon filing with the Office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule.
          On the question, Councilman Weiss said he would like to thank Councilman Bylewski, Jim Callahan, the Supervisor and anyone else who worked on this. They should be commended on their hard work.
          Councilman Bylewski added thanks to Tyson Smith and his firm and the Planning Board for their work on this.
          Councilman Casilio also thanked the Clarence School District for their input, versus Williamsville School District which did nothing to help us.
          Supervisor Hallock thanked Councilman Bylewski.
          Councilman Kolber said this is only the beginning. It is a work in progress.
          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 Bed and Breakfast Inn at 8130 Goodrich Road. James Callahan said the location is the southwest corner of Goodrich and Sesh Roads consisting of approximately 30 acres zoned Agricultural Flood Zone.
          Daniel Glushefski said he intends to build another house for his family on the 30-acre site. Councilman Casilio noted that this is not approval for the home. He would have to go through a different process. Mr. Glushefski said he understands that.
          Mr. Glushefski said he does not think there would be any more than four cars parked on site. The length of stay would be one or two days and none more than one week.
          With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Councilman Bylewski 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 June 27, 2007, and after all interested parties being heard, grants a Temporary Conditional Permit to the applicant, Daniel Glushefski, for a Bed and Breakfast Inn located at 8130 Goodrich Road subject to the following conditions: 1. The Temporary Conditional Permit is granted for one year. 2. Parking for 4 cars only. 3. Occupancy term for each patron staying upon the premises shall not exceed one week or seven days. 4. Architectural design approval.
          On the question, Councilman Bylewski asked if the applicant was in agreement with the conditions and Mr. Glushefski said yes.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

J. F. Krantz requests a Clearing, Filling and Grading Permit for wetland mitigation at 10060 Martin Road.
          Mark Longo, Attorney and John Krantz were present.
          James Callahan said the location is the north side of Martin Road, west of Strickler Road consisting of approximately 24+ acres in the Agricultural Rural Residential Zone.
          Councilman Weiss asked where the location is of the violation for which he is mitigating. Mr. Longo said his client's company developed a project in the Town of Amherst. He sold it to Randaccio Builders. Mr. Longo said there was no violation. There were wetlands on the site in Amherst that he had to mitigate and Mr. Krantz owns this property in Clarence. It was approved by the DEC and the Army Corp of Engineers. It is a planned mitigation and not a violation.
          Councilman Bylewski said there have been concerns brought up by a neighbor concerning his current operation on County Road regarding dust and moving the earth. He understands this request is for different property.
          Mr. Krantz said they would be working from 7:00 A.M. to 4:00 P.M. on weekdays. The dust conditions being reported are due to the drought condition we have been in. Mr. Krantz said and that is the direction that the wind blows out on the farmland down there. This will probably be a 3 to 4 week project if the weather is good. The land will be preserved forever. He does not know at this point if there will be excess topsoil or not. If so, they would come back in.
          Motion by Councilman Kolber, seconded by Councilman Bylewski to grant a Clearing, Filling and Grading Permit for wetland mitigation at 10060 Martin Road to J. F. Krantz, subject to operation time not to exceed 30 days with Town Engineer approval for any time over the 30 days due to weather; hours of operation 7:00 A.M. to 4:00 P.M. Monday thru Friday; no materials moved off site without an excavation or removal permit. Upon roll call - Ayes: All; Noes: None. Motion carried.

Dave Sutton requests Preliminary Concept Review of a proposed office building at 4295 Harris Hill Road. Dave Sutton was not present.
          Councilman Bylewski said a number of concerns were raised tonight. They talked extensively in the work session and some have met with the neighbors. We would like to see a site plan with the adjoining parcels, where a septic or sewer system would be placed, how they can comply with the parking and how this project complies with the TND zoning. He would like to make sure that the Morlando Committee or the Harris Hill Association is notified of any future agendas that this project may be on.
          Motion by Councilman Kolber, seconded by Councilman Weiss to deny the request for Preliminary Concept Review of a proposed office building at 4295 Harris Hill Road. On the question, Councilman Bylewski said the reasons it is being denied is the site plan does not have the adjacent parcels on it, does not show existing setback lines, does not show where septic is located, does not include an adequate parking plan, no statement as to how this plan complies with traditional neighborhood design, how it complies with the Master Plan and with regard to septic how this would fit in with our sewer priorities. Councilman Bylewski said if the applicant does come back, he would like the residents to have notification through a designated representative of the Morlando Committee and the Harris Hill Association. Upon roll call - Ayes: All; Noes: None. Motion carried.

Russell Gullo requests Development Plan and Architectural Approval for a new retail landscape shop at 6825-6843 Transit Road. James Callahan said the location is the east side of Transit Road, north of County Road in the Swormville Traditional Neighborhood District consisting of 3+ acres. The applicant is proposing to demolish the existing structures and construct a retail shop with greenhouses. A Negative Declaration was issued in March 2007.
          Al Hopkins of Metzger Engineering and Russell Gullo were present. The project includes a 6,600 sq. ft. retail shop. There are sidewalks along the front with parking to the rear.
          Councilman Casilio said there are still trucks on the site that were previously discussed. Mr. Gullo said the one truck will be behind the building. Councilman Casilio suggested he park them at his other location across the street.
          Councilman Bylewski said the driveway is lined up with Dodge Road across Transit Road. He asked if he was able to work out with the DOT for pavers or something ornate along the entrance. Mr. Gullo said the DOT has turned it down because of liability issues.
          Councilman Casilio asked about outside displays. Mr. Gullo said there will be some outside display because of the nature of the business. Some of the greenhouse materials will be in the back of the building. He wants to clean the whole site up.
          Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board grants the request of the applicant, Russell Gullo, for Development Plan and Architectural Approval for a new retail landscape shop located at 6825-6843 Transit Road subject to the following conditions: 1. Conditions of the Town Engineer. 2. A sidewalk to extend from use to existing sidewalk along Transit Road. 3. A split rail and stone fence per final design. 4. A “Welcome to Swormville" sign to be erected. 5. Trucks to be parked to the rear of the property—no trucks to be parked on adjoining properties. 6. Driveway to align opposite Dodge Road. 7. An approved Landscape Plan. 8. Commercial Open Space fees. 9. Any future buildings must be reviewed by the Town Board. 10. Per the Zoning Code, outside display must meet setback requirements and display criteria identified in the law. Upon roll call - Ayes: All; Noes: None. Motion carried.

Brian Grau requests a Minor Subdivision Approval to create an additional residential building lot at 10397 Clarence Center Road. James Callahan said the location is the south side of Clarence Center Road, east of Strickler Road consisting of 10 acres with 400 ft. road frontage.
          Brian Grau was present.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock 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 to be split from 10397 Clarence Center Road. This Unlisted Action involves creation of an additional residential building lot in the Agricultural Rural Residential Zone. After thorough review of the Environmental Assessment Short Form, it has been determined that the action is in conformance with the Zoning Law, Subdivision Law 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 Kolber, seconded by Councilman Bylewski to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Minor Subdivision approval for one additional residential building lot to the applicant, Brian Grau, for the property located at 10397 Clarence Center Road subject to open space and recreation fees.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

William Henderson requests a Building Permit and Architectural Approval for an addition to existing commercial building at 8060 Wehrle Drive. James Callahan said the location is on the north side of Wehrle Drive, east of Transit Road consisting of 1+ acre in the Commercial Zone.
          Bill Henderson, Architect said the proposed addition is 2,160 sq. ft. There is adequate parking on the site. The DOT is improving the storm drainage, which they will tap into. Approximately 30% of the site will be green space.
          Motion by Councilman Kolber, seconded by Councilman Weiss to grant a Building Permit and Architectural Approval for an addition to existing commercial building at 8060 Wehrle Drive per the submitted site plan and subject to Commercial Open Space Fees and Town Engineer approval of the drainage. On the question, Councilman Casilio asked if the addition will match the existing building. Mr. Henderson said it will match. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Casilio said he is recusing himself from discussion and decision on item 20 regarding 10510 Main Street for reasons given at previous meetings on the subject and which are on file.
          Town of Clarence requests a Change-In-Use from vacant to Youth Bureau at 10510 Main Street. James Callahan said the location is on the north side of Main Street, east of Alexander Drive consisting of an existing commercial building in the Clarence Hollow Traditional Neighborhood District.
          Supervisor Hallock said this is the item that Mr. Cordova commented on earlier.
          Councilman Bylewski said a public hearing was previously held and then an examination of the issues brought up was done. Mr. Bengart met with our Youth Department, Mr. Cordova and his attorney, the Town Engineer and the owner of the property.
          Mr. Bengart said the owner of the property did the work that was to be done. He was surprised to hear yesterday that Mr. Cordova still had issues. Everyone met and Mr. Cordova actually wished us well in the new building. Mr. Bengart said we do not have a lease at this point. There are still some issues to be worked out. The issues Mr. Cordova still had were hooking the pipe into the Main Street structure and the decorative stone at the corner of the lot. Everyone thought it was fine. This issue is for a Change-In-Use and not for a lease.
          Councilman Bylewski said there were issues raised at the meeting last week along with a resolution to put into place. It may not be completely executed which may impact whether we enter into a lease agreement. However, that would not hold up the Change-In-Use. Town Attorney Bengart said if all the issues stated at the meeting last week were met, we would have the blessing of everyone to enter into a lease.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant a Change-In-Use from vacant to Youth Bureau at 10510 Main Street. On the question, Councilman Bylewski said the follow up still has to be performed to make sure that the drainage issues that were discussed at the meeting are rectified as was presented at the meeting that the Town Attorney was present. The Change-In-Use is not subject to, but the lease situation subject to Town Attorney review and approval. Town Attorney Bengart said it would not be appropriate to make conditions to this motion. He understands that there are still issues that the Board would like to have looked at. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to grant a Fireworks Display Permit for Clarence Day in the Park for June 30, 2007 having all appropriate approvals in place. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval of the following: Clubhouse Applications - A. CSEA Blue Collar Unit - Aug. 7, Oct. 2, 2007; B. Girl Scout Troop #886 - Sept. 22, 2007; C. Harris Hill Mens Club - Dec. 7, 2007; Legion Hall Applications - Kari Wilson - July 6, 2007; Tamara Dittmer - July 8, 2007; Robert Diegelman - July 14, 2007; CSEA Blue Collar Unit - Nov. 30, 2007; Special Request - A. Nikki Leonardi - Sept. 29, 2007; B. Heather Milone - July 21, 2007. 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 June 28, 2007 are approved for payment: General Fund - $221,386.62; Highway Fund - $66,496.56; Water District - $14,183.36; Lighting Districts - $1,082.33; Capital Fund - $185,847.58; Aquatic Growth - $259.96; Special Revenue - $2,500.00; and Trust & Agency 203 - $870.00 for a total amount of $492,626.41. Upon roll call - Ayes: All; Noes: None. Motion carried.

For the Good of the Town

John McNamara said in regard to item 17 for Russell's, they spread themselves out at their current location and he thinks the Town should just keep an eye on them.

William Cordova said he thinks the Town is condoning the drainage problem on his property and accepting it. He does not understand why. He hopes that the Town investigates this before they sign the lease.
          Supervisor Hallock said they will make sure everything that was talked about at the meeting a week ago is in place before they sign the lease.

There being no further business, Supervisor Hallock adjourned the meeting at 9:47 P.M. in memory of Carlton Riegle, the longest serving Clarence Center Fireman for 70 years who passed away this week; and Paul Herman, a Clarence Rotarian who moved to Akron a number of years ago and also served on the Clarence/Newstead Meals on Wheels Task Force.

Nancy C. Metzger
Town Clerk