10/10/07


A Work Session of the Clarence Town Board was held on October 10, 2007 at Clarence Town Hall, One Town Place, Clarence, NY.

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

Director of Community – James Callahan

Public Hearings:

A public hearing is scheduled for 7:45 PM to consider a Local Law amending the Code of the Town of Clarence Chapter 181 – Signs. The Planning Board has forward a recommendation to proceed with adoption. Paul McCarthy representing the Chamber of Commerce will not be able to attend the public hearing but voiced the Chambers concern over the grandfathering of the seven year conforming replacement clause and questioned the legality of it. Councilman Casilio was not in favor of the replacement clause as well. He did not feel it was fair to the existing businesses to impose an alleged “hidden tax" that in seven years they have to spend thousands of dollars to change their sign; he further questioned the enforcement of it. If a business comes in for a “Change in Use" then they should be required to change their sign. Director of Community Development James Callahan stated that any sign that has been granted a variance can not be touched – the variance goes with the land. Councilman Weiss stated that he would like to see Main Street cleaned up, we have a town we want to be proud of and he feels that this is the responsibility of the Board. Not everyone will be happy with the changes but you have to start somewhere. The sightliness of the entire thoroughfare has a much more positive effect on business than the cost individually.

Donald Braunscheidel 8249 Wolcott Road
A public hearing is scheduled for 7:50 PM to consider the request for a Temporary Conditional Permit for an expanded home occupation at 8249 Wolcott Road. The proposed site is located on the south side of Wolcott Road, east of Transit Road on existing residential property located on 3.77+/- acres in the Agriculture Flood Zone. A neighbor to the applicant has brought complaint to the Planning and Zoning Department as no formal approval has ever been granted to the applicant, the Town Board will need to formalize the existing operation. Director of Community Development James Callahan stated that there are hundreds of businesses around the Town of Clarence. Several years ago he sent letters out requesting these businesses apply for a Temporary Conditional Permit. Mr. Callahan kept after this particular business but he could not identify any real issues with the operation. He received a complaint several years ago about this operation, when he drove out there he found a single family home with a large accessory structure. He had no proof nor is there any indication that there is a business operating from this location. The Town does allow expanded home operations in an Agricultural Zone.

Mike Hoehman 8310 Goodrich Road
A public hearing is scheduled for 7:55 PM to consider a Temporary Conditional Permit for an automotive repair shop at 8310 Goodrich Road. The proposed site is located at existing home/barn and collision shop/junk yard located on 20+ acres in the Agriculture Flood Zone. The applicant is proposing to relocate an existing automotive repair facility and to clean up an existing junkyard. The junkyard has been a long standing problem for the community. Several previous attempts to permit the former junkyard failed for various reasons.

Bicentennial Committee
Requests a Fireworks Display Permit for December 31, 2007. All permits, fees, insurance and Fire Chief's approval are in place.

Formal agenda items:

The Turf Doctor 8910 Sheridan Drive
Applicant is proposing to construct an additional accessory structure for existing lawn care business. The existing commercial operation is located on 1.8+/- acres in the Restricted Business Zone on the north side of Sheridan Drive, east of Shimerville Road. The proposed structure meets all setbacks in the Restricted Business Zone.

Gold Seal Equity 8750 Sheridan Drive
Applicant is proposing to amend the previous approval to reduce the size of the structure from 15,000 square feet to 12,000 square feet. All other conditions of the previous Development Plan Approval to be met. The existing vacant land consists of 1+ acre in the Restricted Business Zone. Applicant received full Development Plan approval in 1999 for construction of a 15,000 square foot office building. Areas of concern include preservation of the brush area along Wenner Road to protect the residential uses on the north side of Wenner Road.

Tom Thielmann 8931 Wehrle Drive
Applicant is seeking approval to split the existing parcel to separate the existing homes on the property. No new lots are proposed as a result of the action. The proposed site is located on the south side of Wehrle Drive, opposite Shimerville Road. The pre-existing residential property consists of 10.08 acres in the Industrial Business Park Zone adjoining Buffalo Crushed Stone. The applicant is requesting the split to clear up title and financial issues on the existing multiple use on the property.

Chris Carollo 8720 Clarence Center Road
Applicant is proposing a two lot Open Development Area as well as a fill permit in advance of Development Plan. The proposed site is located on the north side of Clarence Center Road, west of Shimerville Road on a vacant residential lot consisting of 4.5+ acres in a residential classification. The Planning Board has forwarded a recommendation on the design with conditions. Town Engineer Latona stated that the common driveway needs to be “commonly owned" or have access. Town Attorney Bengart and Town Engineer Latona must work out the details of equal usage of the joint driveway.

There was a discussion regarding the Tree Law. Town Engineer Latona felt there was a huge gap between the writing of the law and the implementation of it. Director of Community Development James Callahan stated that he is working with Planning Board member Gerald Drinkard on this. The concern is with residential development not so much commercial development. The Building Department refers the site plan to Planning Department and Landscape committee. Gerry Drinkard does an on-site review of the property. An effort is made to maintain some of the trees and for the most part, most people are cooperative - we allow up to ten trees without a permit.

Benchmark Development Inc. – Shops at Main & Transit – 4401 Transit Road Applicant is seeking approval to develop an out-parcel. The previously approved design is being amended to reduce the overall size of the building on the out-parcel. The proposed site is located on the northeast corner of Main Street and Transit Road at existing shopping plaza located on 26+ acres in the Major Arterial Zone. The existing plaza received Development Plan approval in 2005.

Dan Furmanek 8230 County Road
Applicant is proposing an Open Space Design Subdivision on private roads without a connection to adjoining land uses. The proposed site is located on the north side of County Road, east of Stahley Road on existing vacant land consisting of 19+ acres in the Swormville Traditional Neighborhood District. The Planning Board has forwarded the project back to the Town Board for clarification on the issues of connecting a street to the property to the north and the issue of public vs. private roads. Councilman Bylewski stated that the Board was very clear about wanting connectivity - TND mandates connectivity.

Staybridge Suites Hotel – 8005 Sheridan Drive
Applicant is proposing to construct a new hotel over 50,000 square feet. The existing vacant hotel is located on the southeast corner of Transit Road and Sheridan Drive on 6+ acres in the Major Arterial Zone. Per the Zoning Law, structures greater than 50,000 square feet must be approve via a Special Exception Use Permit by the Town Board. The Planning Board has forwarded a recommendation on the Concept Plan, with conditions.

David Elibol – 6225 Kraus Road
Applicant is proposing to construct a single-family residential structure with an in-law unit. The proposed site is located on the west side of Kraus Road, north of Clarence Center Road on existing vacant land consisting of 2.37+/- acres in the Agriculture Rural Residential Zone. Per the Zoning Law, the Town Board has authority to allow secondary living units via a Special Exception Use Permit.

Michael & Cheryl Tarbell – Zoning issues at 4594 Shisler Road
Director of Community Development James Callahan stated that his department has visited the property in question several times. Anytime there has been an unlicensed vehicle, they have gone to the premises and the situation has been corrected. They have checked the complaint regarding the flood lights. The light bulbs are 40watt and are not on all the time. There is no violation of the law regarding the large truck parked on site because it over one acre of property. If any other issues come up, they will be reviewed on a “case by case" basis.

Work Session items:

Northbrook Meadows Subdivision/Cimato Enterprises
Applicant is proposing an incentive lot subdivision. The proposed site is located on the north side of Greiner Road, south of Roll Road, east of Shimerville Road on existing agricultural land located in the Residential Single-Family Zone. The property consists of 120+ acres. The Project was previously referred to the Planning Board to consider an Open Space Design. The applicant developed an Open Space Design Subdivision with appropriate densities and preservation and was close to seeking referral to TEQR. The applicant then pulled the Open Space Plan from consideration and has resubmitted an incentive lot design.

Newhouse Road Subdivision/Cimato Enterprises
Applicant is proposing to develop an incentive lot design subdivision (requiring 25% greenspace). The proposed site is located on the west side of Newhouse Road, north of Roll Road on existing vacant land consisting of approximately 55 acres in the residential single-family zone. The property is located within Erie County Sewer District #5 for which there has been no capacity. The are several areas of concern including no sewer capacity, open space design alternative, inadequate recreation space requirement, 200' setback rule as well as numerous other issues. (Councilman Casilio recused himself from discussion of this project).

Joe Frey – Stage and Ransom Road
Applicant is proposing additional lot splits off the parent parcel along Stage Road. The proposed site is located on the south side of Stage Road, east of Ransom Road on existing vacant land consisting of 127.5+/- acres in the Agriculture Rural Residential Zone. The Town Board has recently authorized five minor splits from the parent parcel, identifying that any future splits will be subject to major subdivision review. Areas of concern include lack of sewers, conformance with Master Plan for discouraging major subdivision without access to public sewers, no additional splits without conformance to Major Subdivision Law. (Removed from agenda, applicant did not supply any plans).

Dr. Altman 8421 Sheridan Drive
Applicant is proposing to develop a medical office building in conformance with zoning. The proposed site is located on the south side of Sheridan Drive, west of Harris Hill Road on existing residential property located on 1.39+/- acres zoned Restricted Business. A Negative Declaration under SEQRA has been issued on the proposed project. The Planning Board has forwarded a recommendation with conditions.

Supervisor Kathleen Hallock

Supervisor Hallock will make a motion to approve a Special Request by the Bicentennial Committee for New Year's Eve fireworks.

Supervisor Hallock will create two positions for Civil Service proposes.

Supervisor Hallock will announce the resignation of James Hartz from Planning and Zoning Department.

There is unspent money in the Conservation Committee budget for the well casing for the pond at Town Hall. Supervisor Hallock has some reservation about spending $2,000 on a well. The Conservation Committee is modeling this well after another well that was dug off Thompson Road that is dry.

Supervisor Hallock received a letter from a resident at 5100 Thompson Road. Town Attorney responded indicating it was not a town issue.

Supervisor Hallock received a letter from the League of Woman Voters regarding the Nature Center.

Erie County Sno-Seekers are seeking support in the amount of $5. For anyone wishing to contribute you receive a $10 coupon for BonTon.

Supervisor Hallock copied the Board on all applications received for the Assessor's position. She asked that everyone review them so interviews can begin next week.

Supervisor Hallock reminded the Board of the scheduled budget meeting for October 11th at 3:30 P.M.

Town Engineer Latona has a transfer of funds from Professional Services to the Sidewalk Account.

Councilman Scott Bylewski

Councilman Bylewski inquired as to the status of background checks for Public Safety Volunteers. Town Attorney Bengart stated that they were sent to the EC Sheriff's Department this afternoon. The safety vests have arrived.

Councilman Bylewski received the Central Fire Alarm Report for September 2007.

Councilman Bylewski and Senior Building Inspector David Metzger met with a representative from Home Land Security at Eastern Hills Mall. They also met with the two police agencies that service the town to talk about various issues.

The TEQR Committee is recommending a Negative Declaration regarding the proposed Kelkenberg Industrial Business Park located at 10060 County Road.

A Public Hearing will be set for November 28, 2007 @ 8:10 PM to consider amendments to Master Plan 2015.

Councilman Bylewski will report on the single-family dwelling statistics for September 2007.
Councilman Bylewski has one item to discuss in Executive Session regarding the employment history of an individual.

Councilman Joseph Weiss

A public hearing will be scheduled for November 7, 2007 at 7:45 P.M. to consider adoption of a Local Law to be known as “Stormwater Management, Erosion and Sediment Control."

A public hearing will be scheduled for November 7, 2007 at 7:50 P.M. to consider adoption of a Local Law to be known as “Prohibit illicit Discharges, Activities and Connections to Separate Storm Sewer Systems." Town Engineer Latona stated that these ordinances have to be adopted by the end of the year.

Councilman Weiss met with Highway Superintendent Ted Donner regarding parking at Sunset Park. People are parking on the north side of Wehrle Drive and causing a problem at the gate. Councilman Weiss will make a motion to have No Parking Signs installed on the north side of Wehrle Drive from Harris Hill Road to a point 500 feet east.

Highway Superintendent Ted Donner is requesting a bid date be set for October 23, 2007 at 10:00 A.M. for the sale of surplus town vehicles.

Councilman Weiss has one item to discuss in Executive Session regarding the appointment of an individual.

Councilman Weiss had a conversation with Dominic and Nick Piestrak. Dominic Piestrak is requesting Supervisor Hallock contact Senator Mary Lou Rath to set up a meeting regarding Restore NY grant for sewers.

Dominic Piestrak has indicated that Greenview Landscaping has been dumping leaves and grass on his property off Roll Road. Mr. Piestrak attorney sent a cease and desist letter to Greenview Landscaping. Director of Community Development James Callahan stated that the DEC has been contacted because some of the grass clippings and leaves have fallen into the creek, Greenview can not dump in the floodway.

Councilman Weiss will appoint Margaret Walker to the Conservation Advisory Committee.

William Hoffmeister has resigned as assistant animal control officer regular part-time. Donna Giezycki will be appointed to replace Mr. Hoffmeister effective October 11, 2007.

Councilman Bernard Kolber

The Concert Association is storing their sheet music at a private residence and the homeowner is requesting the music be removed as soon as possible. Councilman Kolber suggested storing the music at the town owned property on Thompson Road. He will meet with John Burns to see if this would be feasible.

Councilman Kolber received a letter from Erie County regarding the stop signs at Thompson and Roll Road. He feels that the intersection of Thompson and Greiner Road is much more dangerous and should have stop signs there as well. Councilman Kolber will send a letter to the County.

Councilman Patrick Casilio

Councilman Casilio gave an update on the radios. In speaking with FM Communications and other radio suppliers, they feel that the type 4 frequency is the way to go especially off a repeater with portable radios you can communicate the entire town.

Councilman Casilio will make an appointment to the Security Department.

Councilman Casilio met with NYSEG and discussed many topics including power outages which they feel they have under control due to repairs made after the October storm. They discussed the lights for Clarence Center and were given mapping material to lay out the street lights to the distances we want them to go. Supervisor Hallock stated that she is hoping to get the economics survey of the four corners area and possibly get some economic development money for lights going 2/10th of a mile east and west, north and south. Supervisor Hallock did not know if the survey results would be back this year but would present this project to the IDA. Councilman further discussed the power outages, power poles and easements in the Harris Hill area at all locations including Nottingham and Main Street. They also discussed the service feeds and the problems we are having with the underground lines.

Councilman Casilio received a letter regarding the possibility of putting recycling bins in our parks to recycle bottles and cans.

Councilman Casilio received a letter from a resident interested in getting street lights on Clearview Drive. Councilman Casilio will respond asking the person to circulate a petition to turn Clearview into a light district.

Councilman Casilio will appoint three people to the Traffic Safety Board; they will work in conjunction with the Planning Board and answer any requests from the Highway Superintendent.

The speed trailer will be shipped October 12, 2007 and will possibly be put into service on Greiner Road. Several complaints have come in regarding people speeding. The speed trailer will be able to give reports on the number of cars traveling on that road and how fast they were going.

Town Attorney Bengart

Town Attorney Bengart has one item to discuss in Executive Session regarding the appointment of a particular person and one Attorney – Client item to discuss.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) F discipline of a particular person, appointment of a corporation, appointment of a particular person, employment history of a corporation, employment of a corporation; § 105(1) H sale of real property and one Attorney – Client item. Upon roll call - Ayes: All; Noes: None. 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 7:30 P.M. Upon roll call – Ayes: All; Noes: None. Motion carried. No action taken.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, October 10, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Scott Bylewski, followed by a prayer given by a representative of Eastern Hills Wesleyan 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, Town Engineer Joseph Latona, Building Inspector David Metzger, and Planning Board Chairperson Patricia Powers.

Supervisor Hallock said the minutes of the meeting held September 26, 2007 were not available at this time.

Motion by Supervisor Hallock, seconded by Councilman Weiss to create (2) Security Officer PT positions. On the question, Supervisor Hallock said this is being done for Civil Service purposes and the positions are non-competitive. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to create the position of Planner. On the question, Supervisor Hallock said this is being done for Civil Service purposes and the position is competitive. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock read a letter of resignation from James Hartz who is resigning from his position of Asst. Director of Community Development as of October 12, 2007. He is taking a position as Director of Community Development in the Town of Tonawanda.
          We are sorry to see Jim leave, but it is a good opportunity for him and we wish him well.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize a transfer of $1,280 from A 1440.467 Equipment Maintenance to Project 88, Sidewalks. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to grant a Special Event Request to the Bicentennial Committee to have fireworks at Town Place Park on December 31, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          WHEREAS, the Town of Clarence acquired a parcel of land located at 6221 Goodrich Road by deed recorded in the Erie County Clerk's Office in Liber 10921 at page 4453 in 1997 for the purpose of a town building; and
          WHEREAS, the Town has received an offer to purchase a portion of said property consisting of approximately a 40 x 167 foot piece of vacant land adjacent to 6235 Goodrich Road; and
          WHEREAS, the Town Engineer and the Town Attorney have investigated and determined that it is no longer necessary to retain said portion of the property for Town purposes; and
          NOW THEREFORE, BE IT
          RESOLVED, that the Town Board of the Town of Clarence in regular session duly convened this 10th day of October 2007, does hereby authorize that a 40 x 167 foot portion of Town owned property located at 6221 Goodrich Road is no longer needed for Town purposes and is hereby declared as surplus property; and be it further
          RESOLVED, that the 40 x 167 foot portion of said Town owned property located at 6221 Goodrich Road be offered for sale for fair and adequate consideration after a public hearing.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for November 28, 2007 at 7:45 p.m. to consider the sale of a portion of Town owned property declared as surplus and no longer needed for Town purposes consisting of approximately a 40 x 167 foot piece of vacant land located at 6221 Goodrich Road. On the question, Councilman Kolber asked if we had to put it up for auction or sell directly. Town Attorney Bengart said it does not have to be put up for auction. We do not have to have a public hearing but felt it was proper. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said Erie County has designated November 1st - 30th as the annual 30-day time period within which a land owner may request predominantly viable agricultural land for inclusion to a certified agricultural district in accordance to Section 303-b of New York State Agriculture & Markets Law. Copies of the application are available in the Supervisor's office. We have been asked to announce this notice through November at Town Board meetings.

Councilman Bylewski received the September 2007 Operations Report from Amherst Central Fire Alarm. Town of Clarence fire companies responded to the following: Miscellaneous Fires – 16; EMS Calls – 110; Motor Vehicle Accidents – 14; and Miscellaneous Calls – 44 for a total of 184 alarms.

Councilman Bylewski said the vests for the public safety volunteers have come in as modeled by Councilman Weiss. They have a Town Seal on them.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning Board and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed Kelkenberg Industrial Business Park located at 10060 County Road. This Unlisted Action involves the development of a three building industrial business park in the Industrial Business Park Zone. After thorough review of the submitted site plan and complete Environmental Assessment Form by the Planning Board and Town Board, it is determined that the proposed project is consistent with Master Plan 2015 and local land use regulations and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to set a Public Hearing for November 28, 2007 at 8:10 P.M. to consider amendments to Master Plan 2015. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Single Family Dwelling Statistics from the Building Department for September 2007. There were 8 permits issued in subdivisions and 2 outside for a year-to-date total of 82 permits issued. By way of comparison, at the end of September 2005 there were 98 permits issued and for the same period of 2006 there were 97 issued. Building is still going on in the Town with the changes in our zoning laws, as well as the marketing conditions out there now.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of October 23, 2007 at 10:00 A.M. for the sale of surplus Town vehicles. Vehicles will be available for inspection at the Town of Clarence Highway Department, 6185 Goodrich Road. On the question, Councilman Weiss said this is part of our vehicle replacement program. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to authorize the Highway Department to place No Parking Signs on the north side of Wehrle Drive from Harris Hill Road to a point 500 feet east. On the question, Councilman Weiss said this is on the north side of Wehrle Drive adjacent to Sunset Park. Youth Football has hired a crossing guard to cross people from the south side of Wehrle Drive through a gate that is only open during football. People are parking on the north side and causing more problems. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Public Hearing for November 7, 2007 at 7:45 P.M. to consider adoption of a Local Law to be known as “Stormwater Management and Erosion and Sediment Control". A copy of the proposed law will be on file with the Town Clerk. On the question, Councilman Weiss said this is addressing the new regulations coming down on the stormwater. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Public Hearing for November 7, 2007 at 7:50 P.M. to consider adoption of a Local Law to be known as “Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems". A copy of the proposed law will be on file with the Town Clerk. On the question, Councilman Weiss said this is also in regard to the new regulations coming down on the stormwater. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said the Conservation Committee has been looking into why the pond at the Town Hall has gone down so much. They will be putting in the casing for a well within the next 3 to 4 weeks. They hope to find water to take care of the depth of the water in the pond for the fish. It would allow us to get the fountains back on and provide water for the arboretum.

Motion by Councilman Weiss, seconded by Councilman Bylewski to appoint Mary Walters to the Conservation Advisory Council. She has a Bachelors and a Masters in Geology. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said there is one opening on the Conservation Advisory Council for anyone interested.

Motion by Councilman Weiss, seconded by Councilman Bylewski to appoint Donna Giezycki as Dog Control Officer RPT effective October 11, 2007 at the budgeted rate of pay. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said Donna Giezycki is filling the position vacated by Bill Hoffmeister, who had to resign due to scheduling and conflicts with his regular job.

Councilman Kolber said we have received notice from Erie County that they are placing a 4-way Stop at Thompson and Roll Roads.
          He has asked Supervisor Hallock to send a letter to Erie County asking them to look at the Thompson and Greiner Roads intersection.

Councilman Kolber said the Clarence Concert Association is looking for library space to store music. We are looking at a few places, but if anyone has a space to offer they should contact him.

Councilman Kolber said he would like to thank Jim Hartz for his years of service and wish him well in his future.

Motion by Councilman Kolber, seconded by Councilman Casilio to adopt the following resolution:
          WHEREAS, the Town of Clarence Assessor position became vacant on September 1, 2007; and
          WHEREAS, pursuant to Section 314 of the Real Property Tax Law, the Town Board, may, by resolution, designate or appoint an acting assessor who can serve until the Town Board appoints someone to fill the position of Assessor; and
          WHEREAS, it is the decision of the Town Board to appoint an Acting Assessor for a period not to exceed six months.
          NOW THEREFORE, BE IT
          RESOLVED, that the Clarence Town Board hereby appoints Albert Weber as Acting Assessor pursuant to the provisions of Section 314 of the Real Property Tax Law of the State of New York.
          On the question, Supervisor Hallock said they have advertised for the position of Sole Assessor and have received applications. Interviews will be set.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Supervisor Hallock to appoint James J. Fiegl as Security Officer PT at the budgeted rate of pay effective as of October 11, 2007, subject to receipt of all required documents. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio said he met with representatives from NYSEG regarding the possibility of putting up decorative lighting in the Clarence Center area. They discussed the light poles in Harris Hill that the Town has repaired. Power outages were talked about and they feel that they have them under control. Many lines were repaired. There are backyard lines that all may have not been repaired yet. They discussed the street light contract and all of the lights that are out and they said they would fix them.

Councilman Casilio said the speed trailer that the Town has purchased is due to be shipped October 12th. We hope to get that deployed as soon as possible.

Motion by Councilman Casilio, seconded by Councilman Bylewski to appoint Joseph Nemmer, Kim Silvestro and John Wind to the Traffic Safety Committee effective October 11, 2007 to December 31, 2007. On the question, Councilman Casilio said all of these people are civil engineers and work in related fields to traffic management. Town Attorney Bengart said that this will become an annual appointment after December 31st. Upon roll call – Ayes: All; Noes: None. Motion carried.

Town Clerk Nancy Metzger reminded everyone that school taxes are due on Monday.

Public Participation

Susan Wickenheiser spoke in regard to item 18. She purchased the property next to 8720 Clarence Center Road based on the original plan of one house in the rear with a 400 ft. setback. She has concerns with the concept plan recommended by the Planning Board including the site, size and location of the private road and turnaround. She feels it is a huge impact on their property and their investment. She asked that this issue be addressed now before it goes for development approval. There have been different plans submitted. If the plan is under review by engineering, how can the Town Board approve it?

A Public Haring was held to consider a local Law amending the Code of the Town of Clarence, Chapter 181 Signs. James Callahan said a recommendation has been forwarded from the Planning Board. The proposed legislation would include new controls for electronic message centers, prohibit electronic moving signs along the Main Street corridor, Planning Board reviews permanent sign applications, non-conforming signs would be replaced within 7 years, reduce front setbacks among other items.
          Speaking to the subject:
          Daniel Hanley, owner of Redmill Restaurant said the proposed law calls for replacement of a non-conforming sign within 7 years. The sign for his business has been in the same place for 46 years and because it has been there for so long is now in the NYSDOT right-of-way.
          Mr. Hanley said the law also prohibits interior illuminated signs. He had just the faces of his sign replaced a few years ago and that cost alone was $6,000. He opposes many of the items in the proposed law. He believes that there are five different areas of the Town that have their own unique identities and needs. He does not think that cutting off the legs of what has been allowed for a long time is the right way to go. It would cost him $15,000 to $18,000 to change his sign to meet the code.

Jim Morabito, Main-Transit Plaza said he is in agreement that standards have to be made, but asked that parts of the law be looked at again. In regard to illumination, he believes that internally illuminated signs are the least distracting. He gave an example of Amigone Funeral Home on Main Street. It is a beautiful sign, but has large lights that shine on it from the ground. He said it is not practical for everyone to do that given the winter weather. Hanging lights may not be aesthetically pleasing either.
          Mr. Morabito said in regard to freestanding signs, there is no grandfather clause. The signs have also been on his property for 46 to 47 years. The last upgrade costs were $65,000 and to think they would be obsolete in 7 years is a staggering blow to a small businessman. He is hoping that is not the intention.

Tony Pacenzia, owner of Tony's Barber Shop said an outside lit sign is a form of light pollution. It takes four times the amount of power to light. The snow sticks to the signs in the winter. It encourages vandalism being right on the ground. The law needs to be looked at again. He has been in business here for a long time and feels this is disrespectful. He would be willing to help work on the law, as he believes Jim and Dan would, to appeal to the businesspeople in the Town. One rule cannot apply to all. He asked if the Town Board would be willing to work with them. He would like to work with the Board as a team.
          Councilman Bylewski said that is the purpose of the public hearing to hear public comment. He would consider working with them.

James Callahan said he was contacted by Paul McCarthy, Executive Director of the Clarence Chamber of Commerce expressing their deep concern with the 7 year non-conforming replacement clause in the law.
          Supervisor Hallock said that concern was also expressed in the Work Session by Board members.

Councilman Bylewski said he also has concern with three subsections of the law. First, Section 181-2 M. (4) regarding non-conforming signs, there is the no grandfathering clause.
          Sections 181-4 B.(3) and 181-6 O. deal with non-profits and we need to be consistent on how we deal with them. He would like to see those parts of the law worked on.

Councilman Casilio said he has a problem with a 7-year window on a sign replacement. It would be an unfair task to put on our businessmen in Town. We try to keep our budgets in line and it would be unfair to do to them. He believes we need a law to get our signs in order. He agrees with Councilman Bylewski regarding the non-profits.

Supervisor Hallock said all of the comments will be considered. The law was intended to improve things and further enhance the businesses in the Town.

Councilman Bylewski said his concern for non-profits has more to do with time limits rather than locations.

Councilman Kolber said the intent of this law is good, but he is not in agreement with some of the specifics. He would be happy to work with the businessmen who spoke to get the business perspective involved.

Councilman Casilio said we do know that there are several signs in Town. It would be very difficult to police the 7-year window.

Tim Pazda said he just attended a Planning Federation class on sign laws. This issue is going on throughout the State. Anytime you change a law or ordinance, it can be a problem for some people. Some municipalities are instituting a buy back program depending on how bad the Town Board wants to change the specific situation. They have the signs appraised and pay the business owner back. It is being done in some towns across the State.

Councilman Bylewski said he thinks the Planning Board did a great job bringing this forward for discussion, but he believes that there are a few items that need to be addressed at the Town Board level.
          Councilman Weiss suggested that they work on it at a daytime work session so that the businessmen that spoke could have input on it. We will need some time.

With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to table the proposed amendments to the Sign Law pending further study and review. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for an expanded home occupation at 8249 Wolcott Road. James Callahan said the location is the south side of Wolcott, east of Transit consisting of a residential property on approximately 3.77 acres in the Agricultural Rural Residential Zone. The applicant is proposing to continue a longstanding home occupation.
          Mr. Braunscheidel was not present.
          Supervisor Hallock said the Board did have questions for the applicant. The hearing will continue as scheduled.

Speaking to the subject:
          Paul Fiegl said he presented a petition signed by 21 residents of Wolcott Road stating their opposition to the business at 8249 Wolcott Road. They would like to know how a business could be expanded when there was never Town Board approval for a business at this location.
          They would also like to know how it could be expansion of a home business when it is a plumbing business conducted from a pole barn with outside employees. It is a commercial business that is not allowed in a residential area. Mr. Fiegl said they are trying to protect the character of their neighborhood and stop the devaluation of their property. There are commercial districts for such businesses and Wolcott Road is not one of them.

James Muck, Wolcott Road said it is ludicrous to put businesses in a residential area. The Town is purchasing greenspace. This would destroy greenspace in an area by allowing a business. It defeats the purpose and ruins the character of their neighborhood. Only a business that is actually conducted in the home should be allowed and not one that has big trucks running in and out. They make a lot of noise. It should remain as a farm and residential area.

Councilman Kolber said the request from the applicant is to get him into compliance. He has been operating out there for a long time. He would like to know how many trucks are going in and out of there and for what purpose. He also wanted to know how many employees are working there.
          Mr. Fiegl said there are pictures of the employee's cars and there are delivery trucks.
          Supervisor Hallock asked how many delivery trucks there were per day. Mr. Fiegl said it has slacked off since they have been complaining. There is only one employee car there too. When the building was built, it was to be for storage. He avoided the Town laws.

Councilman Bylewski said if it was to proceed, there would be restrictions under the law he would have to follow including no outside storage, no large scale truck deliveries, restriction on the number of deliveries, etc.

Councilman Weiss said he avoided getting permits. We sent letters with no response and then he does not show up here tonight. He is concerned about giving him a permit.

With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Weiss to deny the request for a Temporary Conditional Permit for an expanded home occupation at 8249 Wolcott Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for an automotive repair shop at 8310 Goodrich Road. James Callahan said the location is the west side of Goodrich, north of Sesh Road consisting of an existing home and barn in the Agricultural Flood Zone. The applicant is proposing to clean up the property and move an automotive repair business to this location.
          Mike Hoehman and his wife were present. They have already done a lot of clean up on the site. He may have 8 – 10 cars on the property during the day. People usually pick up their cars at night. The maximum would be maybe 15. Mrs. Hoehman said there is a fence and parking behind the building also. Mr. Hoehman said it is a stoned parking area, but in the future he would like to pave it.
          With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman 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 October 10, 2007, and after all interested parties being heard, grants a Temporary Conditional Permit to the applicant, Mike Hoehman, for an automotive repair shop to be located at 8310 Goodrich Road, subject to the following conditions: 1. The Temporary Conditional Permit shall be for a period of one (1) year. 2. Number of vehicles limited to not more than 15 with not more than 10 to be stored overnight. 3. Parking to be paved and striped prior to renewal of Temporary Conditional Permit.
          On the question, Councilman Weiss said they should be commended for the clean up they have already done on the site. Councilman Casilio told them to be aware of the pending sign law when they go to put up a sign.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant the request by the Bicentennial Committee for a Fireworks Display Permit for December 31, 2007 having received all proper paperwork. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said the fireworks display is the kick off for the Bicentennial.

The Turf Doctor requests a Building Permit and Architectural Approval for an accessory structure at 8910 Sheridan Drive. James Callahan said the location is the north side of Sheridan, east of Shimerville Road consisting of 1.8 acres in the Commercial Zone.
          Christian Charnock said he and his father own the business located at this site. They are proposing a 40' x 100' pole building for their business. He presented a picture of the building. There have been no environmental problems at this location. They will store fertilizers, herbicides and pesticides at certain times of the year. They are regulated by the DEC and inspected every year.
          Councilman Kolber asked if they could move back further from the frontage area, which would cause architectural issues.
          Mr. Charnock said their issue installing a fire hydrant in the rock. The requirement is a fire hydrant must be within 400 ft. from the rear of the building.
          James Callahan said the concern was to meet the proper setbacks and not infringe on the residential zone.
          Councilman Kolber said he is concerned with the view from Sheridan Drive. He would like to see it moved back.
          Motion by Councilman Kolber, seconded by Councilman Weiss to table the request for a Building Permit and Architectural Approval for an accessory structure at 8910 Sheridan Drive to look at ways to enhance the faηade or change the location of the building. On the question, there was discussion regarding approved building materials as stated in the Zoning Law. Upon roll call – Ayes: All; Noes: None. Motion carried.

Gold Seal Equity requests amended Development Plan and Architectural Approval for construction of a 12,000 sq. ft. professional office building at 8750 Sheridan Drive. James Callahan said the location is on the north side of Sheridan between Wenner Road and Shimerville Road consisting of 1+ acre in the Restricted Business Zone.
          The representative said the project went through review in 1999. The architecture will be very similar to the EduKids building. They have the required amount of parking spaces and will comply with the recommendations of the Landscape Committee. The driveway will connect both buildings. They propose a septic system. They are seeking an amendment to the 1999 approval because they have reduced the square footage of the building from 15,000 to 12,000. The tenant is real estate.
          Councilman Weiss asked about the injection wells. His only concern is that parking lot drainage would be going down into the aquifer.
          Town Engineer Joseph Latona said they have had wells tested after Tim Horton's and Rite Aid and there was no trace of substances coming from parking lots. The deep wells are registered with the Environmental Protection Agency.
          Councilman Casilio asked what the material on the back facing Wenner was going to be. The representative said the entire building is going to be brick. The area along Wenner will be undisturbed.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board grants the request of the applicant, Gold Seal Equity, for Amended Development Plan and Architectural Approval for the construction of a 12,000 sq. ft. professional office building located at 8750 Sheridan Drive subject to the following conditions: 1. Commercial Open Space Fees. 2. Town Engineer approval. 3. Landscape Committee approval. 4. Buffer along Wenner Road to protect the residential uses on the north side of Wenner Road as set forth in the Landscape Committee approval. 5. Architectural Approval is for all four sides being brick.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Tom Thielmann requests Minor Subdivision Approval to create an additional lot at 8931 Wehrle Drive. James Callahan said the location is the south side of Wehrle opposite Shimerville Road consisting of 10+ acres in the Industrial Business Park Zone.
          Tom Thielmann said he is owner of the property.
          James Callahan said it is in conformance with the Master Plan.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed creation of an additional lot in the Industrial Business Park Zone to be split from 8931 Wehrle Drive. This Unlisted Action is for creation of an additional lot. After thorough review of the Environmental Assessment Short Form, it has been determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan 2015 and will not have a significant impact on the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Minor Subdivision approval for one additional residential building lot to the applicant, Tom Thielmann, for the property located at 8931 Wehrle Drive, with no additional splits to be proposed for this property and subject to: Open Space and Recreation fees.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Chris Carollo requests Concept Approval and a Fill Permit for a two-lot Open Development Area at 8720 Clarence Center Road. James Callahan said the property is on the north side of Clarence Center Road, west of Shimerville consisting of approximately 4.5 acres in the Residential Zone. The Planning Board forwarded recommendation with conditions.
          Beatrice Carollo was present.
          Councilman Bylewski said there was a comment about getting the updated drawing to the Planning Department and he asked if that had been done. Beatrice Carollo said her husband was following whatever he was told at the last meeting. She does not recall being told to send their plan back to the Planning Board. Councilman Bylewski said it was for the Planning Department so that the Town Board could see it.
          James Callahan said the drawing he has is what the recommendation is based on. Mrs. Carollo said her husband has been working with the Engineering Department. Mr. Latona said the plan before the Board is not the same plan he has.
          Councilman Bylewski said the changes were with the turnaround and additional buffering.
          Mrs. Carollo said they intend to build a 2,000+ sq. ft. ranch home to live in. In the future they intend on building a house on the other lot to the right.
          Motion by Councilman Weiss, seconded by Councilman Casilio to table the request by Chris Carollo for Concept Approval and a Fill Permit for a Two-lot Open Development Area at 8720 Clarence Center Road until a current drawing is submitted. On the question, Supervisor Hallock asked if Mrs. Carollo understood. Mrs. Carollo asked if the proper step was to submit a copy of the plan to Mr. Callahan and then the Town Board reviews them. After that does it come back to the next meeting? Supervisor Hallock said the Planning Board made their recommendation based on the plan that they reviewed. Mrs. Carollo said not many things have changed. Councilman Casilio said if he is making a decision on a project, he wants to see the drawing. Town Attorney Bengart said that once Mr. Callahan has the right drawing, it may have to go to the Planning Board again. Mrs. Carollo said the change is not significant. Councilman Weiss said the fact is they changed the plan. Supervisor Hallock said we will determine that. Mrs. Carollo said that Mrs. Wickenheiser could have moved her house west and her driveway could have gone on the other side. Upon roll call – Ayes: All; Noes: None. Motion carried.

Benchmark Development requests Amended Development Plan Approval for an outparcel change/redesign for the Shops at Main and Transit at 4401 Transit Road. James Callahan said this is an existing plaza in the Major Arterial Zone. The Development Plan for buildout of the plaza was granted in 2005.
          A representative from Benchmark said they are proposing a building of 9,100 sq. ft. with the front facing Transit Road.
          Councilman Bylewski said a few concerns he has include the initial discussion to terminate the vista on the boulevard from Transit Road. The waterfall element has been deleted after discussions with the tenants. The second concern is that the rooftop mechanicals on Tully's were supposed to be hidden from view.
          The representative said in regard to terminating the vista, they intend to plant trees and place benches. It is part of their landscape plan. It has not been done because of the construction going on. He is not aware of the Tully's issue, but if that is the case they will make sure that it is done. The back of the proposed building will be facing the plaza with proper screening for the dumpsters. They also continued the decorative columns around the building to soften the look. There is some landscaping and they could put a decorative fence along the back.
          Councilman Bylewski said he does not see a problem with Benchmark as a stakeholder in the Town; they have done such a great job so far. It is just the final details that have to be completed.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          Resolved, that the Clarence Town Board approves the request of the applicant, Benchmark Development Inc. for Amended Development Plan Approval for the property located at 4401 Transit Road, The Shops at Main/Transit, subject to the following conditions: 1. Vista terminating element along the boulevard is to be installed by the end of the year. 2. If prior approval included, screening of Tully's roof mechanics is done before the end of the year. 3. Landscape approved as submitted in accordance with the Landscape Committee. 4. Additional element to the east side of the building to break it up.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Dan Furmanek requests a Town Board Determination on connectivity and public roads for a proposed Open Space Design Subdivision at 8230 County Road. James Callahan said the property is located on the north side of County Road, east of Stahley in the Traditional Neighborhood District. The project is in review by the Planning Board but has been referred to the Town Board for determination of these items.
          Brad Davidczyk, Damon & Morey said they have been to the Planning Board, but they would like to see connectivity to the parcel to the north. It was their position for a private road with no intention to connect.
          Councilman Bylewski said it would have to be a public road to have the connectivity.
          Mr. Davidczyk said the applicant prefers a private road. The parcel to the north may not be developed for years or maybe never. They do not want to design the subdivision on speculation. Another concern in a TND is that it could connect to residential or commercial.
          Supervisor Hallock said there is mixed use permitted in a TND, but it is limited. The Town Board still would like to see the public road with the connectivity.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for an Open Space Design Subdivision at 8230 County Road contingent upon a public road allowing for connectivity to adjacent properties. On the question, Councilman Kolber said he likes it the way it is, but understands the other ideas for connectivity. Councilman Bylewski said it is important to look for connectivity and a hamlet type feel in a TND. Upon roll call – Ayes: All; Noes: None. Motion carried.

Jerry Young of Staybridge Suites Hotel requests a Public Hearing to consider a Special Exception Use Permit for a structure over 50,000 sq. ft. in the Major Arterial Zone at 8005 Sheridan Drive. James Callahan said the location is the corner of Transit and Sheridan. The Planning Board recommended Concept approval.
          Jerry Young was present.
          Councilman Bylewski said the only issue he had was from the neighbor regarding a traffic study. He can be prepared to address that at the public hearing.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for November 28, 2007 at 7:50 P.M. to consider a Special Exception Use Permit for a structure over 50,000 sq. ft. in the Major Arterial Zone at 8005 Sheridan Drive for Staybridge Suites Hotel. Upon roll call – Ayes: All; Noes: None. Motion carried.

Dave Elibol requests a Public Hearing to consider a Special Exception Use Permit for a secondary living unit at 6225 Kraus Road. James Callahan said the location is on the west side of Kraus, north of Clarence Center Road in the Agricultural Rural Residential Zone. The applicant is proposing an in-law apartment.
          David Elibol asked that the public hearing be set to consider the in-law apartment for the home that he and his wife would like to construct.
          Supervisor Hallock asked that he bring a plan for the board to look at.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to set a Public Hearing for November 7, 2007 at 8:10 P.M. to consider the request by Dave Elibol for a Special Exception Use Permit for a secondary living unit at 6225 Kraus Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Michael and Cheryl Tarbell spoke regarding zoning issues at 4594 Shisler Road. Michael said they sent information regarding the issues to the Board a few weeks ago and they would like to know what is being done.
          Councilman Kolber said we are in a situation where we do not know what we can do.
          Mr. Tarbell said Exhibit F. is a letter sent from the Town of a violation of excessive lighting after 11:00 P.M. Mrs. Tarbell added that there are steps in the Town Code that can be taken if someone violates the Code. They have been in violation and why has no one taken the next step. If someone drives by there at night they can see that it is not a 40 watt bulb.
          Mr. Tarbell said he spoke with Councilman Casilio and Dave Metzger and both suggested that they take it to small claims court. He spoke to an attorney who said the Town has a law for this and what are they doing.
          Town Attorney Steven Bengart said sometimes there are laws on the books where it is hard to establish a case against. He looks at it to see what can be proven in a court of law. We do not have a provision, equipment or trained people to take what is statutorily defined and prosecute.
          Mrs. Tarbell said she does not understand when it is stated in the law. Mr. Tarbell said everyone tells them it is a Town issue. Mrs. Tarbell said you can pass all of the laws you want, but if someone does not comply there is no remedy.
          Councilman Weiss said he had a similar situation where he once lived with an industrial air conditioning unit next to him. He went to the Town and it was the same, what is excessive exposure. He had to hire a very expensive acoustics expert to determine the decibels. We do not have that on the books.
          Councilman Kolber said the problem here is we could take it to court and it will get thrown out.
          Mrs. Tarbell said they tried the route through the court and were told all they could get is money and they do not want money. They want the lights off of their house. Then they suggested that they go through Child and Family Services mediation session and the neighbors would not agree to it.
          Mr. Tarbell said he does not believe the lighting was inspected.
          Councilman Weiss said he understands how pretentious a situation like this can be.
          Cheryl Tarbell said the lights go on and off all night long. Mike asked why the letter was sent and nothing else was done.
          Town Attorney Bengart said sometimes you just try to help people out. He is sorry on behalf of the Town Board, but you cannot prosecute what you cannot prosecute.
          Mike Tarbell said there is also an issue of a shed on the property line. They would like to install a fence. It is falling down onto their property. They also seem to be operating a business from the property. Deliveries are going on there everyday.
          Councilman Bylewski asked that we take a look at the business use that we were told about tonight; also, if the accessory structure is within the setback lines.
          Councilman Casilio asked about the letter from Jim Hartz and whether or not we could bring him to court for noncompliance.
          James Callahan said what it is not showing is that they did go out and investigate. The people showed them the light bulbs which were minimum wattage. It is evident that there is a neighbor problem and he has been trying to find a law to resolve it for years. The other people are just as adamant.
          Cheryl Tarbell said she is sure they feel that they are being picked on, but they do not mean to pick on them.
          Councilman Bylewski said he is a mediator with Child and Family Services and he understands disputes between neighbors. Sometimes there are laws that we try to enforce the best that we can. There are also times when the government cannot do anything. We will look at the business issue and the setback on the accessory building.
          Mike Tarbell said he would like to have a third party come out and say it is excessive. He suggests the Town adopt a law similar to what Amherst has.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications – A. Clarence J-C's – March 15 & 16, 2008; B. Cub Scout Pack #563 – Tiger Den – Monthly meetings for 2008; Legion Hall Applications – A. Margaret Caito – Oct. 14, 2007; B. Clarence Mustangs – Oct. 16, 2007; C. Susan Tomassi – Oct. 20, 2007; D. Anna Greco – Nov. 25, 2007; and E. Charles Lukowski – Dec. 21, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that after proper audit and review by the Town Board, the following bills of October 4, 2007 are approved for payment: General Fund - $99,637.89; Highway Fund - $64,505.08; Water District - $1,542.36; Drainage District - $2,821.39; Sewer Districts - $309.35; Capital Fund - $23,715.99; and Trust and Agency 203 - $4,693.41 for a total amount of $197,225.47. Upon roll call – Ayes: All; Noes: None. Motion carried.

There being no further business, Supervisor Hallock adjourned the meeting at 9:55 P.M. in memory of Cecelia Herberger, mother of the former supervisor and grandmother of our assistant engineer.

Nancy C. Metzger
Town Clerk