09/27/06


A Work Session of the Clarence Town Board was held on September 27, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

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

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) H of the Open Meetings Law to discuss proposed lease of real property. Upon roll call - Ayes: All; Noes: None. Absent: Councilman Weiss. Motion carried. Councilman Casilio left the meeting.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 6:10 P.M. Upon roll call Ayes: All; Noes: None. Absent: Councilman Weiss. Motion carried.

Assistant Director of Community Development James Hartz

Formal Agenda items:

Creekwood Meadows Subdivision
Applicant is proposing a 26 lot single family development with an open-spaced design on private roads. The proposed site is located on the north side of Roll Road, west of Newhouse Road on existing vacant land consisting of approximately 21.96 acres zoned Residential Single-Family. The Planning Board has forwarded a recommendation with conditions. As part of the Subdivision Law, a public hearing is required for all newly proposed subdivisions. A public hearing will be scheduled for November 1, 2006 @ 7:45 PM. Councilman Bylewski stated that it was discussed at the Planning Board meeting investigating the idea of having the sewers brought down Roll Road as opposed to going across from Loch Lea. There are some homes along Roll Road that are presently without sewers. This should be discussed and reviewed before the scheduled public hearing. Town Engineer Latona stated that he will speak with Sewer District #5.

Dirocco 8799 Stahley Road
Applicant is proposing to develop a single-family home with an in-law apartment. The proposed site is located on the southwest corner of the intersection of Conner and Stahley Road on existing vacant land consisting of approximately 1.16 acres zoned Residential Single-Family. The lot is considered a pre-existing lot of record and is an acceptable building lot. A public hearing will be set to consider this request.

Greenman Pedersen Inc. - Woodside Drive
Applicant is proposing to extend the existing dead-end street and continue it to Greiner Road and develop large tract lots along the proposed public road. The proposed site is located on the west side of Shimerville Road, north side of Greiner Road as an extension to Woodside Drive on existing vacant land at the end of existing dead-end road. Parent parcel contains 161+/- acres zoned Residential Single-Family. The area is located in a residential classification outside of any sewer districts. Areas of concern include public roads, lack of sewers and impact upon existing public facilities. Councilman Bylewski suggested the developer stub the public road way, it will provide them more access to the proposed open development areas.

Clarence Center Volunteer Fire Company 9415 Clarence Center Road
Applicant is proposing to construct an accessory structure. The proposed site is located on the south side of Clarence Center Road, west of Goodrich Road at existing Fire Company located on 19.49 +/- acres zoned Traditional Neighborhood District and Residential. The area is included in the Clarence Center TND. Setbacks as proposed are acceptable.

Work Session items for consideration October 11, 2006 Work Session:

Metzger Civil Engineering 6237 Heise Road
Applicant is proposing a 12-lot single family subdivision off a public road extension. The proposed site is located on the east side of Heise Road, north of Clarence Center Road on existing vacant land consisting of 14+ acres zoned Residential Single-Family. Owner has attempted several residential projects through the previous 10 years, including access to sewers. The proposed site is located in a residential classification and is within Clarence Sewer District #6 and a portion in Clarence Sewer District #2. Areas of concern include sewer capacity, public road extension and adequacy of facilities. This project involves a creek crossing which the applicant has been working with the DEC to resolve. Town Engineer Latona stated this project goes into the Peanut Line which would require utilization fees for each lot. There is an opportunity for an open-spaced design which may allow for greater density.

Rubino Brothers Clarence Center and Shimerville Road
Applicant is seeking clarification on the action for reconsideration. The Town Board issued a Positive Declaration on the proposed subdivision and the TEQR Committee has forwarded it to the Town Board for clarification. The area is located in a residential classification. Sewer service within Clarence Sewer District #6 shall provide a benefit to the extension of sewers to service Harris Hill area. The NYSDEC has requested a meeting to clarify the action and the review process for same. Town Attorney Bengart stated that he has consulted with sewer counsel on this issue as well as other issues. Town Attorney Bengart suggested rescinding the Positive Declaration, let the project go through its course in spite of the fact that it was the applicant's request that the sewer issue be dealt with separately. The entire issue should be reviewed as one on the Positive Declaration or Negative Declaration or whatever the Town Board and the SEQR Board decides to do at a later date. The entire project should be looked at after the applicant has finished their entire planning process and then the Board should decide what should be done.

Dynabrade 8989 Sheridan Drive
Applicant is proposing to construct the next phase of the previously approved concept reason for plan. A total expansion of 51,400+ square feet is proposed for warehouse/additional manufacturing space. The existing industrial manufacturing facility is located on 17.3+/-acres, zoned Commercial. A concept plan approval was granted by the Town Board in 2001 along with a Negative Declaration under SEQRA to allow for the expansion as proposed. All setbacks per the previously approved concept are being met.

Benderson Development /Walgreens 9217 Main Street
Applicant is proposing to demolish the existing structures and construct a new 14,000 square foot retail drug store and 10,000 square foot office building. The proposed site is located on the south side of Main Street at Thompson Road/Sheridan Drive intersection on existing residential rental property consisting of 13.3+/- acres zoned Commercial. There are some issues relative to parking in the front. The NYS DOT will play a major roll in the environmental review of this project; the applicant is proposing two curb cuts onto Main Street. This will not impact the mobile home park however; Councilman Kolber suggested some type of buffering.

Norm Castine 7040 Goodrich Road
Applicant is proposing to develop a 4-lot Open Development area with one additional frontage lot for a total of 5-lots and an existing frontage lot. The proposed site is located on the west side of Goodrich Road, north of Martin Road on existing vacant land consisting of 28+/- acres zoned Agriculture Rural Residential. The area is located in an agriculture classification. The Planning Board has forwarded a recommendation with conditions. Councilman Bylewski stated that any resolutions should encompass the entire project. Jeff Palumbo stated that for the record, there will be no subdividing of the Drescher property. Town Engineer Latona stated that he has not looked at the property; the applicant has had discussion with him relative to relocating the ditch that runs through the property which will be acceptable if done correctly.

Paul Stephen Red Rock apartments 8880 Main Street
Applicant is proposing to renovate the existing units. The proposed site is located on the north side of Main Street west of Shimerville Road at existing rental property consisting of 1.4+/- acres zoned TND. The area is located in the Harris Hill TND.

Frey's Olde Time Furniture 9999 Main Street
Applicant is seeking approval for an in-fill expansion to existing complex. The proposed site is located on the north side of Main Street, east of Kraus Road at existing retail and warehouse operation located on 8.22 acres in the Commercial Zone. Issues include access to Kraus Road. Applicant has requested removal from the agenda.

Jim's Steakout 5651 Transit Road
Applicant is seeking to renovate the exterior of existing (Raymondo's) restaurant. The proposed site is located on the east side of Transit Road, north of Roll Road at existing restaurant located on .81 acres zoned Major Arterial. There is existing outside dining however, the Temporary Conditional Permit is specific to the owner.

Town Engineer Joseph Latona

Supervisor Hallock will introduce a resolution to hire the architect and set a bid date for the design of the operators for the Town Hall doors as an ADA requirement, using Community Development Block Grant funds. In addition to that, we will be adding new doors to the front of the Library. This will also be included in the Community Development Block Grant funds. A resolution will be passed to hire the architect as well as setting a bid date for the doors. The work has to be done this year; Community Development is a 2005 grant.

The Clubhouse re-roofing project is underway and as expected, there were some surprises. There are approximately 250 rafter tails. In the bid it was noted that 39 rafter tails had to be replaced however since the project has begun, we have found an additional 16 rafter tails that need to be replaced. A resolution will be passed for 16 additional replacements, there was pricing in the bid for extras. In addition to that, the rafter tail tips are rotted. The entire rafter tail does not have to be replaced, just the tips. There are 175 that need tip replacement. Added up, there will be 230 reconstructed rafter tails. There are a total of 250 20 will just be painted and fixed up; they do not need additional repair. The replacement in the bid was $750. each (there is a tremendous amount of hand work involved); the rafter tail tips are $85.00 each (prevailing wage). The bid for the entire project was $396,000, we have bonded $550,000.

As part of our Capital Program, the Clubhouse will be an on-going project. There is water intrusion on some of the walls and the porches need to be restored. Councilman Kolber suggested that if there is money left over, the building should have sprinklers installed. Town Engineer Latona stated that he would have to look at the description of the bond issue, usually bonds are real specific. Mr. Latona suggested working the sprinkler system into the Capital Program.

Supervisor Kathleen Hallock

Due to the fact that we have lost several part time clerks this year, Beverly Campochiaro will be appointed to the position of Clerk PT at the budgeted rate of pay effective immediately.

Clarence High School is requesting permission to host their annual Homecoming Parade on Saturday, October 14, 2006.

Supervisor Hallock will announce the resignation of Donald Stiglmeier from the Senior Center Board of Directors. Due to this resignation, there is an opening on the Board.

Supervisor Hallock will make a motion to transfer funds in the General Fund account.

Erie County/Erie County Sewer District No. 5 is requesting a resolution that the Town of Clarence enter into negotiations with them for the development and execution of an Inter-municipal agreement to transfer the Town's sanitary sewer assets to Erie County/Erie County Sewer District No.5. As part of this resolution, they are to appoint James Callahan to the Board of Managers in SD#5 and remove one of the other board members.

Amherst Councilwoman Shelly Schratz sent the Town Board a letter regarding our sewer bill. Town Attorney Bengart will have sewer counsel answer the letter. Counsel has requested information from Amherst that we have not yet received. Supervisor Hallock suggested the letter be sent to the Amherst Town Board, the town attorney, the town engineer and the finance department.

A Work Session is scheduled for October 4th, 2006 @ 9:00 A.M. Swormville VFC is on the agenda.

The 2007 Tentative Budget will be formally presented to the Town Board at the October 4th, Work Session. The budget has to be filed on October 30th; Supervisor Hallock will schedule several budget meetings.

There is an account in our budget called Budgetary Provision for Other Uses that was created 4 years ago; basically it was a reserve account. Unknowingly to Supervisor Hallock the way it was set up, it did not take money out and put it in a special reserve fund. Some projects that the town may want to look at in the future are a community building or another park. In the future Supervisor Hallock would like to be more specific so that funds can actually be transferred into a savings account. There are two types of reserve funds. Supervisor Hallock received information from our auditors that she will forward to the Board.

Supervisor Hallock will make a motion to declare several pieces of office equipment surplus.

Parks Crew Chief John Burns circulated a memo regarding the damage done at Sunset Park by the town football league. John Burns has made several recommendations for next year. The league played seven games in the rain; they damaged the fields and ruined the parking lot. Councilman Casilio will contact Parks Security regarding parking for the upcoming games and will also contact Bob Blackmore, league president.

The town would like to go forward with an energy audit. Supervisor Hallock has a list of possible buildings for evaluations and would like to work on the list with Councilman Casilio (utility liaison) before a decision is made on the scope of work to be done. Highway Superintendent Ted Donner has requested a furnace be installed in one of the highway buildings. Supervisor Hallock said she would put it in the budget but ask that he wait until the energy audit is done.

Seitz Paving is willing to lend the Highway Department a piece of equipment to resurface the parking lot area. There will be no cost to the Town. They are requesting an Indemnification Agreement from the town, the insurance is already in place.

Councilman Scott Bylewski

Supervisor Hallock sent a letter to Amherst Supervisor Satish Mohan requesting Clarence residents be given the opportunity to apply for the Amherst Fire Dispatch position however, Supervisor Hallock has not gotten a response back. The Town of Clarence paid $200,000 in 2006 for dispatch service. The firemen from Clarence would appreciate the opportunity to be able to apply for the position.

Councilman Bylewski will make a motion to set public hearings to consider entering into contracts with the fire companies for fire protection in the Town of Clarence for the year 2007.

Councilman Bylewski received a letter from a resident regarding garbage blowing around his neighborhood. The letter was forwarded to Councilman Casilio (recycling liaison).

Councilman Casilio has suggested the possibility of a vehicle for Parks Security. Councilman Bylewski has handed out information regarding two vehicles that East Amherst VFC is putting out for bid. Highway Superintendent Ted Donner has made a recommendation as to what the highway department would suggest after having looked at the vehicles. Mr. Donner stated that for the amount of the bid, we may be better off purchasing a new vehicle for parks. Councilman Bylewski stated that he has done the research and put it to the Board if they want to pursue this. No money was allocated in the budget for a new vehicle.

Councilman Bylewski has received calls from several concerned residents regarding street lights on Willow Brook. The complaints were forwarded to Councilman Casilio (utility liaison).

The Planning Board and TEQR Committee are requesting permission for two members from each committee be authorized to attend the annual NY Planning Federation Conference to be held in Saratoga Springs.

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

There are vacancies on the Planning Board and Landscape Committee. Two applications were submitted for the Planning Board.

There will be an Adequate Public Facilities update next week. Town Attorney Bengart stated that we are running into a road block with Williamsville School District. They want the Town of Clarence to indemnify them in the event they end up in a lawsuit because of any information they provide to us. Town Attorney Bengart feels that it would be unlikely that they would end up in a lawsuit and would not recommend the Town Board do this as all we are doing is asking them to provide us information. It was further discussed that there are several large developments proposed in the Town of Clarence that will impact Williamsville School District.

Youth Director Dawn Kinney is requesting approval to attend the Association of NYS Youth Bureau annual conference in Niagara Falls NY. Michele Orvis will attend one day of the conference. Funds are available in the 2006 Youth Department Budget.

Councilman Bylewski will make an appointment to the Youth Advisory Council at the next Town Board meeting.

Youth Director Dawn Kinney could not attend tonight's Town Board meeting. Councilman Bylewski will give a brief report on the Youth Department.

Councilman Bylewski will make a motion to authorize the Supervisor to sign an Indemnification Agreement for the use of a piece of equipment being lent to the Highway Department at no cost to the Town to assist in the sealing of the Town Hall parking lot.

Councilman Bernard Kolber

Councilman Kolber had no report.

Councilman Patrick Casilio

Councilman Casilio will announce the resignation of two park security officers.

Councilman Casilio has a resolution approving Change Order No.1 for the re-roof project at the Main Town Park Clubhouse.

Councilman Casilio will make a motion approving Change Order No. 3 in the amount of $852.00 and final payment of $4,612.90 to Goodwin Electric Corporation for the fuel depot standby generator.

Councilman Casilio has a resolution authorizing the transfer of funds for the continued purchase of cleaning and maintenance supplies.

Councilman Casilio questioned the historical survey that is being conducted. Councilman Bylewski stated that they are reviewing 750 homes at this time and a more intensive survey will be conducted after that. This is just the initial identification of properties. Councilman Casilio suggested we review the 750 homes to try to narrow that number down in order to save money. Councilman Bylewski suggested the Board review the survey to see if there are any houses they know of that should not be included.

Town Attorney Bengart has two items for Executive Session regarding acquisition of real estate.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to §105(1) H the proposed acquisition of real property as it pertains to the Frey property and the Weber property. Town Attorney Bengart has several Attorney Client items to discuss. Upon roll call Ayes: All; Noes; None. Absent: Councilman Weiss. Motion carried.

There being no further business, the Work Session adjourned at 7:10 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 7:40 P.M. Upon roll call - Ayes: All; Noes; None. Absent: Councilman Weiss. Motion carried. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, September 27, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:45 P.M. Pledge to the flag was led by Councilman Patrick Casilio, followed by a prayer given by Jake Arnold of Eastern Hills Wesleyan Church.

Members of the Town Board present were Councilmembers Scott Bylewski, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Councilman Joseph Weiss was absent. Other Town officials present were Asst. Director of Community Development James Hartz, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Deputy Supervisor Anne Case and Building Inspector David Metzger.

Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of the previous meeting held August 21, 2006 as received. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to accept the minutes of the previous meeting held September 6, 2006. On the question, Councilman Bylewski said under his report on page 356, he received the semi-annual franchise fee payment. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to accept the minutes of the previous meeting held September 13, 2006. On the question, Supervisor Hallock said on page 336, in regard to the Day in the Park, the Harris Hill Men's Club should be replaced with the Lions Club. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to appoint Beverly Campochiaro to the position of Clerk PT at the budgeted rate of pay effective immediately. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to retain Kasprzak and Klotzbach Architects, P.C. to provide construction drawings, specifications, bid documents, services during construction and periodic inspection services for the new entrance electric door operators at the Town Hall and new entrance doors and operators for the Town Library at a fee not to exceed $5,000 to be paid from Community Development Block Grant Funds. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Bid Date of October 26, 2006 at 10:00 A.M. for the ADA Operators and Doors for the Clarence Town Hall and the Clarence Town Library to be paid from Community Development Block Grant Funds. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to declare the following office equipment as surplus: 3 Toshiba 3560 Copy Machines (Serial #'s CEL819492, CEL820596, and CEL819896); and 1- Brother Intellifax 1270 Fax Machine (Serial # L07045279). Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following transfer of funds in the General Fund: $3,500 from A 5010.0100 Personal Services to A 8010.0472 Master Plan Expenses. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant permission to the Clarence Central High School for their Homecoming Parade on Saturday, October 14, 2006. The parade will start at Berrafato's Char Pit and travel to the High School. On the question, Supervisor Hallock said all appropriate agencies will be notified. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Supervisor Hallock announced that a letter was received from Donald Stiglmeier that he is resigning from the Clarence Senior Center Board of Directors effective 9/18/06.
          Due to this resignation there is an opening on the Board with a term to expire 12/31/08. Applications can be picked up at the Supervisor's office or downloaded from our website. Someone with a legal background would be helpful to the Board.

Supervisor Hallock said she received a letter from NYS Assemblyman Michael Cole advising us of a $10,000 grant award. The grant proceeds will be used to enhance the Parks Security Department.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to set Public Hearings to be held on October 25, 2006, to consider entering into contracts with fire companies for fire protection in the Town of Clarence for the year 2007 as follows: 7:50 P.M. - Clarence Center Volunteer Fire Company, 7:55 P.M. - East Amherst Fire Department Inc., 8:00 P.M. - Harris Hill Volunteer Fire Company, 8:05 P.M. - Rapids Volunteer Fire Company, and 8:10 P.M. - Swormville Volunteer Fire Company. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to grant permission for two members of the Planning Board and two members of the TEQR Committee to attend the annual New York Planning Federation Conference from October 8 11, 2006 in Saratoga Springs with all necessary expenses. On the question, Councilman Bylewski said the tentative list is Tim Pazda and Rich Bigler from the Planning Board and Al Schultz and Lisa Beaser from the TEQR Committee. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that pursuant to Article 8 of the Environmental Quality Review Act, and upon recommendation by the TEQR Committee, the Town Board issues a Negative Declaration on the proposed Krantz Open Development Area located at 8960 Lapp Road. This Unlisted Action involves the development of a 4-Lot Open Development Area with two frontage lots per the Town Subdivision Law. After thorough review of the submitted site plan and Environmental Assessment Form by the Town Board, Planning Board and TEQR Committee, including coordinated review among involved agencies, it is determined that the proposed action is consistent with Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that pursuant to Article 8 of the Environmental Quality Review Act, and upon recommendation by the TEQR Committee, the Town Board seeks Lead Agency status and commences a coordinated review of the proposed Stock Demolition. This Type I Action involves the demolition of a structure older than 50 years. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that pursuant to Article 8 of the Environmental Quality Review Act, and upon recommendation by the TEQR Committee, the Town Board seeks Lead Agency status and commences a coordinated review of the proposed 9435 Main Street Office Park. This Unlisted Action involves the development of a 21,000 sq. ft. office building in the Commercial Zone. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that pursuant to Article 8 of the Environmental Quality Review Act, and upon recommendation by the Planning Board, a Negative Declaration is issued on the proposed Dr. Bloom Office Building located at 9095 Main Street. This Unlisted Action involves the construction of an additional 3,700 +/- sq. ft., one-story medical office building. After thorough review of the submitted site plan and Environmental Assessment Form by the Planning Board and Town Board, it is determined that the proposed action is consistent with the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Bylewski said there is an opening on the Landscape Committee. They are looking for a professional in that field.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to grant permission for Dawn Kinney, Youth Director and Michele Orvis, Program Coordinator to attend the Association of New York State Youth Bureaus Annual Conference from October 16 -18, 2006 in Niagara Falls with all necessary expenses. On the question, Councilman Bylewski said Dawn obtained a scholarship, which will offset the cost of the conference. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Bylewski said Dawn Kinney, Youth Director has a booth set up at the open house at the High School tonight, so was unable to be here. She wanted to report that the Clarence Youth & Family Needs Survey is being presented to the community to assist in the development of a five-year strategic plan for the collaborative delivery of services to youth and families in Clarence. The survey can be accessed on the Town website at www.clarence.ny.us or the school district website at www.clarenceschools.org. Copies are also available at the Town Hall.
          The survey is being funded through a United Way Grant awarded to the school district and being coordinated through the collaborative efforts of the Town Youth Department and the Clarence School District. Faculty and students from the University at Buffalo are assisting with the data collection.

Motion by Councilman Bylewski, seconded by Councilman Kolber to authorize the Supervisor to sign an Indemnification Agreement for the use of a piece of equipment being lent to the Highway Department at no cost to the Town to assist in the sealing of the Town Hall parking lot at a date to be determined, weather permitting. Said agreement will be drafted by the Town Attorney. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to adopt the following resolution:
          WHEREAS, the Town of Clarence and the County of Erie have discussed options to provide the most efficient and effective sanitary sewer service for the residents of the Town of Clarence; and
          WHEREAS, the Town of Clarence and Erie County/Erie County Sewer District No. 5 believe that the most effective and efficient means of providing future sanitary sewer service to the rate payers of the Town of Clarence entails a merger of the Town sewer system into Erie County/Erie County District No. 5; and
          WHEREAS, to effectuate the merger, an extension to Erie County/Erie County Sewer District No. 5 needs to be formed and the sanitary sewer assets of the Town must be transferred to the County; and
          WHEREAS, the Town Board desires to see Town residents realize the most efficient and effective sanitary sewer service.
          NOW THEREFORE, BE IT
          RESOLVED, that the Supervisor of the Town of Clarence be authorized and directed to petition Erie County, the Erie County Legislature and the Board of Managers of Erie County Sewer District No. 5 to extend Erie County/Erie County Sewer District No. 5 for the provision of sanitary sewer services to the Town; and be it further
          RESOLVED, that the Supervisor be authorized and directed to immediately enter into negotiations with the County for an Intermunicipal agreement to provide interim operation of the Town's sanitary sewer system of the eventual transfer of said sewerage assets and the formation of an extension of Erie County/Erie County Sewer District No. 5 to include the Town; and be it further
          RESOLVED, that the Supervisor be authorized to enter into negotiations, and upon approval by the Clarence Town board, to execute an Intermunicipal agreement to transfer the Town's sanitary sewer assets to Erie County/Erie County Sewer District No. 5 subject to approval as to form and content by the Town attorney; and be it further
          RESOLVED, that the Town Clerk be directed to send certified copies of this resolution to Erie County Executive, Joel A. Giambra; the Erie County Legislature; Andrew M. Eszak, Commissioner, Erie County Department of Environment and Planning; and the Erie County District No. 5 Board of Managers.
          On the question, Councilman Kolber said the County has approached us about potentially merging all of the sewer districts into one district. We are looking into whether it would be feasible.
          Councilman Bylewski said that as part of that discussion, they were talking about potentially including the Harris Hill area in that sewer district.
          Councilman Casilio said they are not considering including the City of Buffalo at this time.
          Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Councilman Kolber thanked the Swormville Fire Company for their presentation last night regarding what they do and the mandates they must meet. He does not think that they are always appreciated for the time they have to put into it. He thanked them for making them aware of it and for all of the fire companies for their service to the Town.

Councilman Casilio also thanked Swormville Fire Company for their presentation. They did an excellent presentation especially for those not involved in fire protection.

Councilman Casilio announced that Joseph French and James Freiheit have resigned from their position as Security Officers.
          Anyone interested in filling the positions can pick up an application at the Supervisor's office or from our website.

Councilman Casilio announced that the Clarence Youth Department and the Chamber of Commerce are going to host another Winterfest on February 11, 2007 at the Clarence Town Park on Main Street. They are looking for organizations interested in participating in the event.

Motion by Councilman Casilio, seconded by Councilman Kolber to authorize the transfer of $500 from A 3620.454 Radio to A 3620.419 Building Maintenance for the continued purchase of cleaning and maintenance supplies. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Kolber to grant approval of Change Order No. 3 in the amount of $852, and final payment of $4,612.90, for a total amount of $5,464.90, to Goodwin Electric Corporation for the Highway, Building and Engineering Departments and Fuel Depot standby generator installation. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Bylewski to grant approval for Change Order No. 1 for the Re-Roofing Project at the Main Town Park Clubhouse to RGGT, LLC for 16 additional rafter tail replacements in the amount of $12,000 and 175 rafter tail tip replacements in the amount of $15,000 for a total amount of $27,000. On the question, Councilman Bylewski said these changes are in keeping with the architecture of the building. Councilman Casilio said this work was planned for within the limits of the bond issue. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Creekwood Meadows Subdivision requests Concept Plan Approval for a 26-Lot Open Space Design Subdivision north of Roll Road, west of Newhouse Road. James Hartz said the property consists of approximately 22 acres.
          Leanne Voit, Greenman-Pedersen, Inc. said the property is zoned Residential Single-Family. The project is proposed with private road, sewer and waterline owned maintained by the homeowners association. They are required to maintain a minimum of the site as open space, which will also be owned and maintained by the homeowners association.
          Councilman Bylewski said he understands that they cannot act upon the subdivision approval tonight because they have to set a public hearing. He said the sewer would tie into the sewer line in Loch Lea. He would like the applicant to explore having the sewers extended down Roll Road, as opposed to just across from Loch Lea.
          Leanne Voit said they have not gone into the design of that portion of the project, but it appears that the only option for them is through Loch Lea. However, they will explore it further.
          Councilman Bylewski asked whether the applicant was going to seek condo status. Leann Voit said she is unaware of that. It would have to come from the project sponsor.
          James Hartz said under the open space design subdivision approval process, there is a minimum lot size that is required along with filing of a map cover in the County Clerk's office to transfer real estate to a private owner.
          Councilman Casilio said an issue came up on the size of the water service on private roads. It was mentioned that the flow could be as low as 500 gallons per minute, which is not adequate for firefighting.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for November 1, 2006 at 7:45 P.M. to consider the request for Concept Plan Approval for a 26-Lot Open Space Design Subdivision north of Roll Road, west of Newhouse Road. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Frank and Laura DiRocco request a Public Hearing to consider a Special Exception Use Permit for a secondary living unit at 8799 Stahley Road. James Hartz said the location is at the corner of Stahley and Conner Roads.
          Laura DiRocco said they would like to construct a small living space for her mother-in-law and aunt. It will not alter the single family character. They intend to incorporate the space back into the single family home after it is no longer needed.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing for October 25, 2006 at 7:45 P.M. to consider the request for a Special Exception Use Permit for a secondary living unit at 8799 Stahley Road. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Greenman Pedersen Inc. requests Preliminary Concept Review for a proposed subdivision as an extension of Woodside Drive. Leanne Voit of Greenman Pedersen said this project consists of two parcels totaling approximately 66.9 acres. The project is for 11, 5+ acre lots. They propose an extension of Woodside Drive to Greiner Road. The project would be two open development areas off of a public road. Each lot would be on septic with a public waterline extended down the street. There are some Federal wetlands on the site that will be delineated. They will need minor subdivision approval.
          Councilman Bylewski said he likes the way they are using the public road to have more open development area. He asked if there was any thought of future development in adjacent areas, because it might be beneficial to have a stub come off the proposed road. Leanne said they could look at it but it is difficult when there are so many different property owners.
          Councilman Bylewski said there may be a segmentation issue regarding the minor subdivision application.
          Leanne Voit said now that she has heard from the Board, they will be making application for the minor subdivision. She would like to see this go forward. The minor subdivision could catch up.
          Councilman Kolber said we are looking at two things that are intertwined.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to table the project for a subdivision on an extension of Woodside Drive until the Minor Subdivision application comes in. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Clarence Center Vol. Fire Company requests a Building Permit and Architectural Approval for construction of an accessory structure in the Traditional Neighborhood District at 9415 Clarence Center Road. James Hartz said the property consists of approximately 20 acres with frontage included in the Clarence Center Traditional Neighborhood District. The proposed building is to be located across the creek.
          Terry Dickinson, President of Clarence Center Fire Company said the purpose of the building is for storage and firematic training. They would use it for search and rescue training using a maze of walls and a smoke generator. It would not be heated. He believes it would be hard to see from Clarence Center Road. The structure would be a steel-clad building very similar to the other buildings in the grove area.
          Councilman Bylewski read from the Town Code stating that the steel paneling is prohibited in the Traditional Neighborhood District. Mr. Dickinson said they chose it because it is durable and to match the other buildings on the sight.
          Town Attorney Steven Bengart said the Town Board is not in a position to approve the request. They would have to deny it. The fire company would have to go to the Zoning Board of Appeals to present their proposal.
          Terry Dickinson said the proposed building is 40' x 80'. It will be a large open space to store rescue equipment and to use for training.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock that based on the Zoning Law, the request by Clarence Center Vol. Fire Company for a Building Permit and Architectural Approval for construction of an accessory structure in the Traditional Neighborhood District at 9415 Clarence Center Road is denied. On the question, Councilman Bylewski said they will have to go to the Zoning Board of Appeal to seek a variance. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the following: Clubhouse Applications: A. Girl Scout Troop #1005 1st Wednesday each month of 2007; B. Girl Scout Troop #215 3rd Wednesday each month of 2007; Legion Hall Applications - A. Clarence Girl Scouts Oct. 18, 2006; B. Tina Battaglia Oct. 22, 2006; C. Cub Scout Pack 563, Wolf Den 1 Monthly meetings for 2006 & 2007; and D. Father/Child Group 1st Thursday each month of 2007. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of September 21, 2006 are approved for payment: General Fund - $139,494.85; Highway Fund - $24,221.20; Water District - $354.00; Lighting Districts - $978.93; Capital Fund - $7,514.90; and Trust and Agency 203 - $635.00 for a total amount of $173,198.88. Upon roll call Ayes: All; Noes: None. Absent: Councilman Joseph Weiss. Motion carried.

"For the Good of the Town"

Bob Duerr of Woodside Drive said they did not receive any notice of the meeting tonight as they have in the past. When they purchased their home 30 years ago, they were told Woodside could not be extended because of the wetlands. There are wetlands and sink holes at the end of Woodside Drive. There seems to be enough access from Greiner Road for the project without extending Woodside. Mr. Duerr is concerned that people will cut through to avoid the stop at Greiner and Shimerville.

Ken Wolf, Woodside Drive said he has lived there for 7 years and was also under the impression that it would remain a dead end street. He thought that wetlands were deemed as such, not only because of water, but because of certain vegetation. He would like to know why it was declared as wetlands in the first place. He said not one of his neighbors is looking forward to this extension of their road.

Councilman Kolber said the Town does not designate wetlands. It is the State and the Federal Government that do. It will be looked at thoroughly as it goes through the process.

Councilman Bylewski said the wetlands will have to be delineated as part of the process. If the project proceeds, it will go through the environmental review process. It would help if environmental groups out there who have information on the wetlands would come forward. We have revised our Zoning and we are looking at tweaking areas regarding preservation of wetlands and wetland buffers.

Anne Case requested that upon review and discussion, the Town Board adopt and implement a local freshwater wetlands protection law or ordinance in accordance and consistent with New York State Environmental Conservation Law, Title 5, §24-0501-2 to be applicable to all freshwater wetlands wholly or partially within the Town of Clarence jurisdiction.

There being no further business, Supervisor Hallock adjourned the meeting at 8:45 P.M.

Nancy C. Metzger
Town Clerk