10/11/06


A Works Session of the Clarence Town Board was held on October 11, 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, Joseph Weiss, Bernard Kolber and Patrick Casilio. Other Town Officials present were Town Attorney Steven Bengart, Senior Building Inspector David Metzger, Director of Community Development James Callahan, Director of Administration and Finance Pam Smith, Town Engineer Joseph Latona and Confidential Secretary to the Supervisor Karen Jurek.

Amherst Councilwoman Shelly Schratz

Councilwoman Schratz stated that the Town of Clarence and Town of Amherst had an agreement relative to sewer consumption and payment. Over the last couple of years, Clarence has been working on some sort of an agreement with Amherst and has several concerns and issues that we do not agree with. Councilwoman Schratz does not feel that these issues give Clarence the right to not pay anything at all to the residents of the Town of Amherst on behalf of the sewers that Clarence uses. In the spirit of good faith, Ms. Schratz feels that the Town of Clarence should pay 80% of what they have budgeted and figure out the formula. If the Town of Clarence wants to question the formula and rework the formula, that is fine but it concerns Councilwoman Schratz that nothing is being paid and Amherst is taking care of sewage for the Town of Clarence. Supervisor Hallock asked if Councilwoman Schratz was aware of the Resolution that was passed in June 2006 about setting up an escrow account; along with that Resolution was a letter to town council. The Town of Clarence never received a reply back.

Councilwoman Schratz stated that the Town of Clarence has not paid anything towards the sewer bill and the Town of Amherst residents are footing the bill and that is not fair to them. By law, the Town of Clarence has to budget money for sewer service and the Town of Amherst by law has to provide that service.

Councilman Weiss stated that he has attended two meetings with the Town of Amherst and was surprised by the incompetence and the inability to get information from the Town of Amherst. Councilwoman Schratz stated that she understood what Councilman Weiss was saying but asked the Board if they agreed that they owed the Town of Amherst money for sewer consumption. The Board agreed that they owe the Town of Amherst something but the question is how much money do we owe. Councilwoman Schratz stated that in fairness to the residents of the Town of Amherst, the Town of Clarence should pay whatever amount they have budgeted.

Town Attorney Bengart stated that when discussions were going on, his understanding was that at that time, the Town of Clarence agreed to pay 80% at that point of what was owed and any information would be forthcoming. A year later, we still do not have the requested information.

Councilwoman Schratz stated that Erie County and the Town of Clarence did not come to their agreement until this past summer. Town Attorney Bengart stated that what was discussed at that meeting was that the Town of Clarence would pay 80% in good faith; we have no idea if it was too much or to little. We were promised that shortly thereafter we would receive all the information that has been requested for 7 years. Councilwoman Schratz stated that all those issues were taken care of. She was not a Councilwoman seven years ago all she would like to do is put an end to this and figure something out. She feels that Clarence should come up with a dollar figure and pay Amherst what they feel they owe the tax payers of Amherst; it is not fair to pay nothing.

Town Attorney Bengart stated that it is unfortunate, but it appears that unless there is litigation, the Town of Amherst is not coming forward with the information the Town of Clarence has requested. We have even offered to put the money in escrow to give Amherst the desire to want the money enough to move forward and provide the Town of Clarence with the information we have requested. However, we have never gotten a response from the Town of Amherst.

Councilwoman Schratz stated that is was her understanding that the County received the information they requested and whatever formula that Clarence and Erie County came up with would be the formula used. Town Engineer Latona stated that this is a new Board and they are asking questions that they feel are appropriate for what was in the formula. Councilwoman Schratz said the board should ask questions but in good faith, Clarence should pay something toward the sewer bills. Councilman Weiss stated that part of the past formula dealt with assessments – you don't measure flow by assessment. When Clarence paid that bill, it was based on that.

Councilman Casilio asked what Councilwoman Schratz would recommend for payment. Councilwoman Schratz suggested 80% of the old formula, whatever is in existence. Councilman Kolber stated that we have to force the issue and bring this to a head. If Clarence goes ahead and pays the 80%, nothing will get resolved. Councilman Kolber further stated that he does not like owing anyone money. He would like to see this settled and move on, Clarence needs to know what they are paying for. Councilwoman Schratz stated that the information the town requested was presented at the meetings she attended. Town Engineer Latona stated the information was given to Erie County because the Town of Clarence was not involved in the negotiations, Clarence was just observing at these meetings. The information presented was information that supported the percentage that Erie County agreed to. The County requested that information.

Councilwoman Schratz stated that she represents the residents of the Town of Amherst. Amherst residents are currently and have been paying the sewer bills for the Town of Clarence.

Councilman Bylewski stated that the Town of Clarence has retained counsel to try to bring this to a head and try to get is resolved because there are a variety of sewer issues.

Councilman Casilio asked if the Town of Amherst has the same issues with the Village of Williamsville over their sewer bill. Councilwoman Schratz stated that the Village of Williamsville pays the Town of Amherst, there are no issues and the County issue is worked out. Councilwoman Schratz suggested the Town of Clarence use the Village of Williamsville formula. Town Engineer Latona stated that the issue isn't necessarily with the formula it is the particular items within the formula.

Supervisor Hallock stated that it is very frustrating. Some of these bills were unpaid when she became Supervisor and she and Pam Smith met with the former Amherst Supervisor and the comptroller and requested information five years ago that was never received. The Town of Clarence paid 80% approximately four years ago.

Councilwoman Schratz stated that come Monday evening, the majority of the Amherst Town Board is ready to sue the Town of Clarence and shut off sewer service to the town.

Town Attorney Bengart stated that he would be thrilled to have Town of Amherst counsel contact the Town of Clarence counsel. Town Attorney Bengart can not get anyone to respond to his letters. Councilwoman Schratz is the only person from the Town of Amherst to reply in any way. Town Attorney Bengart thanked Councilwoman Schratz for meeting with the Board however his advice to the Board would be to put the money in escrow until this issue gets resolved.

Councilman Kolber stated that Councilwoman Schratz represents the Amherst residents and the Clarence Town Board represents the Clarence residents and we have to make sure their tax dollars are appropriately spent.

Director of Community Development James Callahan

Public Hearings:

A Public Hearing is scheduled at 7:45 PM to provide citizens an opportunity to express community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Clarence. Supervisor Hallock does not expect any suggestions would be able to qualify for CDBG other than Rural Transit Service.

A Public Hearing is scheduled at 7:50 PM to consider rescinding an existing Temporary Conditional Permit for automotive sales at 5945 Goodrich Road. The Town Board conditioned the approval to operate on there being no display or advertising of vehicles. The applicant sent letters to the neighboring property owners stating that there would never be any display of vehicles.

A Public Hearing is scheduled at 7:55 PM to consider the request for a Temporary Conditional Permit for automotive sales at Lia Honda 4891 Transit Road. The Planning Board has reviewed the proposed expansion and has forwarded a recommendation on the Temporary Conditional Permit including conditions for a future Special Exception Use Permit.

Formal agenda items:

Greenman Pedersen Inc. - Woodside Drive Applicant request removal from agenda.

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. The 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.

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.

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 NYS DEC 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.

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 project will not impact the mobile home park however; Councilman Kolber suggested some type of buffering.

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.

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. Town Engineer Latona stated that the current Open Development Law must be modified to be compatible with the State Building Code which indicates that if there is a fire system available at the street, sprinkler systems will not be allowed in the house. The applicant must run a waterline into the Open Development and a hydrant would be placed within 600' of a residence.

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.

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.

Karen Dunn 10410 Keller Road
Applicant requests a Public Hearing to consider a Special Exception Use Permit for a secondary living unit. A Public Hearing will be scheduled for November 1, 2006 at 7:55 P.M.

Work Session items:

Epiphany United Church 9520 Wehrle Drive
Applicant is proposing to develop a new 9,000 square foot church campus. The proposed site is located on the north side of Wehrle Drive, west of Gunnville Road on existing vacant land consisting of 14.24+/- acres, zoned Agriculture Rural Residential and Industrial Business Park.

Clarence Fire Department 10355 Main Street
Applicant is proposing to construct an accessory structure in the Commercial Zone portion of the property. The proposed site is located on the south side of Main Street, east of Shisler Road at existing fire hall located on 5.1 acres within the Traditional Neighborhood District and the Commercial Zone. The proposed structure will meet all setbacks in the Commercial Zone.

Donald Hoch 4125 Transit Road
Applicant is proposing a Change in Use to allow an automotive tinting operation in the existing building. The proposed site is located on the east side of Transit Road, south of Main Street in front of Toys R Us in existing vacant building located in the Major Arterial Zone consisting of .51 acres. A public hearing will be required to consider a Special Exception Use Permit for an automotive use at this location.

All Season Rental 5855 Transit Road
Applicant is seeking approval for an additional structure to the rear of the property. The proposed site is located on the east side of Transit Road, south of Clarence Center Road at existing mini-storage facility located on 1.1+/- acres in the Major Arterial Zone. A setback variance for the rear and side yards is being applied for and heard by the ZBA. Removed from the agenda.

Strickler Estates Subdivision 5700 Strickler Road
Applicant is seeking approval to dedicate approximately 2200 lineal feet of Shamus Lane. The proposed site is located on the west side of Strickler Road, north of Greiner Road. This subdivision has received Development Plan approval for the 23 lot residential subdivision on 8/10/05. The Engineering and Highway Departments have forwarded recommendations on the dedication and certified that the roads have been installed to Town standards.

Tim Krantz 9086 Lapp Road
Applicant is seeking concept plan approval on the Open Development Area as designed and as recommended by the Planning Board. The proposed site is located on the north side of Lapp Road, west of Heise Road intersection on existing vacant land and topsoil operation located on 130+/- acres in the Agricultural Zone. A Negative Declaration under SEQRA was issued on the proposed design on 9/27/06. The Planning Board has forwarded a recommendation with conditions.

Supervisor Kathleen Hallock

Supervisor Kathleen Hallock will announce that Anne Case is stepping down from her position as Deputy Supervisor.

Senior Building Inspector David Metzger is requesting a public hearing to consider an amendment to the Code of the Town of Clarence to adopt Local Law No. 5-2006 Building Construction and Fire Prevention Code. When the State Building Code was adopted by the Town in 1984, the Administration Part 444 the Secretary of State rules and regulations was never followed through and adopted. These are the details of how to apply the Building Code in the Town of Clarence. Mr. Metzger wrote a draft law and has distributed it to the Town Board for review. The Secretary of State's rules and regulations are minimum standards which must be adopted by Local Law. This will put more of a burden on the Building Department.

Following the Bi-Centennial Meeting, Town Historian Mark Woodward has requested permission to place several framed historical pictures in the Town Hall in connection with the Bi-Centennial celebration.

Supervisor Hallock will appoint Donna Wannamaker to the Bi-Centennial Committee at the October 25, 2006 Town Board meeting.

Supervisor Hallock will make a motion to set a public hearing for the budget.

Two weeks ago, the Board declared three copiers surplus. The Sheriff's substation is in need of a better copier however; Supervisor Hallock found out today that because they have a market value, we can not just give them away.

Supervisor Hallock will make a motion to create a Civil Service position of Executive Director - Youth Board. The position is being established for Civil Service purposes, this is formality and not an appointment. The new title will be needed when the Youth Bureau is established.

Supervisor Hallock will announce two rewards that were established for Joan Diver and the donation of two bikes from Towne BMW. Assemblyman Cole has agreed to a grant in the amount of $12,500 to pay for the purchase of camera security systems on two additional town buildings that abut bike paths.

The Board previously discussed the elimination of some committees. The Discharge of Firearms Committee may be one to consider combining with the Conservation Committee. The committee was formed January 14, 1987.

The IDA and the Chamber of Commerce have discussed the Economic Development Officer position. The Board has received a copy of the job description. Town Attorney Bengart stated that three members from the IDA will do the interviewing and recommending along with one person from the Town Board and one person from the Chamber of Commerce.

Supervisor Hallock has a Resolution authorizing Change Order No. 2 to the Clarence Rails to Trails project for the installation of a maintenance free strip of washed gravel between the proposed bike path and the existing roadway in Memorial Park at a fee of $8,450.

Councilman Scott Bylewski

Councilman Bylewski will have an announcement regarding cable television.

Councilman Bylewski has two resolutions regarding volunteer assistance by Clarence fire departments responding to the serious flooding situation in the Binghamton, NY area. Also, the participation in the Code Enforcement Disaster Assistance Response (CEDAR) Program by our Code Enforcement Officers during major flooding in Tioga County in July 2006.

Councilman Bylewski received the Central Fire Alarm Report for September 2006.

Former Deputy Supervisor Anne Case suggested pursuing a Wetlands Local Law. Councilman Bylewski suggested the Planning Department and Town Attorney Bengart study its evaluation and see if this is something we can go forward with.

Councilman Bylewski will appoint Richard Bigler as Planning Board member. The Planning Board Alternate position is still open.

Al Festaiuti will be appointed to the Landscape Committee at the October 25th meeting.

The Youth Advisory Committee will be reviewing the possibility of a second appointment to the committee. The Youth Advisory Board will review the applications.

Councilman Joe Weiss

Councilman Weiss met with several interested young adults regarding the location of the proposed skate park. Several members from the Arboretum Committee attended along with Youth Director Dawn Kinney. The Arboretum Committee had questions and concerns as to the location of the skate park, but were in agreement with the park being situated near the ball diamonds south of the library. The design is being worked on by the skaters. Once that is complete, Town Engineer Latona will review the design from an Engineers stand- point of view. After the design is complete, cost figures will be compiled. Some of the parents are already involved with fundraising.

Councilman Weiss sent a letter out regarding Dominic's project.

Councilman Weiss could not attend the fire department briefing meeting at Swormville VFC but will meet with them one-on-one tomorrow.

Councilman Weiss questioned the fact that he heard Clara's House was to be purchased by the Historical Society. Councilman Kolber stated that the last Historical Committee meeting he attended; they were trying to expend funds to cover some of the costs relative to sewer tie-in as well as other repair work on Clara's House. Councilman Kolber informed the committee that they are 501(c) (3) and could not contribute funds to a private party. Councilman Weiss was of the understanding that Clara's House was purchased by a group of private individuals however he is hearing that the Historical Society will purchase it back one day. Town Attorney Bengart stated that he did not think the minutes will reflect that and someone should review them. Councilman Weiss is looking for clarification. Councilman Casilio stated that he sits on the Clara's House Board and this has never been discussed that he is aware of.

Councilman Weiss stated that he attended a meeting with Amherst Supervisor Mohan and Councilwoman Shelly Schratz regarding some other issue and GAR Associates came up in the conversation. Councilman Weiss suggested reviewing what the Town pays GAR to do our assessments every year because other municipalities have questioned it and are considering doing the work in-house. Supervisor Hallock stated that we received an invoice from GAR today for an additional $4,000 for field reviews for 2005 tax roll in excess of contract. The Assessor's Professional Services budget line is expended. Town Attorney Bengart reviewed the contract and it read that “the contractor will provide a complete accounting of the number of parcels applied to credit by October 15. If the Town chooses to authorize the contractor to perform additional appraisal reviews, the town shall provide the contractor in writing authorization to perform additional appraisal reviews at the accepted cost." Councilman Bylewski asked if anyone gave authorization in writing. Department Heads should not exceed their budgets. Councilman Casilio stated that he would like the work done in-house without hiring more people.

Councilman Weiss will announce the Deer Management meeting that is scheduled for October 20th in the Clubhouse.

Councilman Bernard Kolber

Councilman Kolber read the Historical Society minutes: “Clara's House is applying for not for profit designation they have requested a contribution from the Historical Society for up to $7,500. for Capital Improvements. Councilman Kolber advised them that legally he did not think the Historical Society could contribute to a private individual. The request was tabled until Clara's House can obtain not-for- profit status." Town Attorney Bengart stated that the Historical Society minutes he was talking about were during the discussion of the purchase of the building.

Councilman Kolber stated that when an applicant applies to the ZBA for a variance, he would like to see all neighbors within 500' of a project receive notification. Currently, the Planning Department installs a sign at the proposed site and a notice is published in the Clarence Bee. The Town of Orchard Park ZBA sends a copy of the agenda to all property owners within 500 feet of a proposed project. On the back of the agenda, they have a street map of the parcel in question. Director of Community Development James Callahan stated that they advise the applicant to notify all adjoining property owners, a public notice is also published in the Clarence Bee and a sign is posted as well. State Law requires publication in a local newspaper.

In the past, the Clarence Bee published Then and Now pictures. The Historical Society would like to see this again, they will take all the photos and do the leg work for the Clarence Bee.

Councilman Patrick Casilio

Councilman Casilio commented on the public hearing regarding Buffalo Crushed Stone. Councilman Casilio felt that some of their comments they made were inaccurate.

Councilman Casilio suggested that a follow-up letter be sent to Amherst Councilwoman Shelly Schratz and the entire Amherst Town Board thanking her for meeting with us but also indicate that we are still waiting for information. The Village of Williamsville is having the same problems with the Town of Amherst.

Highway Superintendent Ted Donner is meeting with the Harris Hill Association. His department will be cleaning up Nottingham Terrace right-of-ways.

James Schlabach, General Mechanic in the Parks Department will survey the light poles in the Harris Hill area.

Councilman Casilio received a request from a resident on Willow Brook Drive relative to obtaining bulk gas pricing for the Willow Brook gas light district. Councilman Casilio has received some correspondence regarding this request.

There have been several requests that more brush be cut back on the bike trail system. Some of these concerns have already been addressed. The gates on the West Shore bike path from Wehrle Drive to Salt Road have been removed so emergency vehicles can get through. The Sheriff's Department and the NYS Troopers requested the gates be removed on the Peanut Line on the northern section. There was also a discussion regarding better identification on town vehicles.

Councilman Casilio has met with a company that has wireless video cameras. There is 24 hour monitoring.

A representative from the Erie County Sheriff's Department will give a report on the 30 hour search and investigation that took place for Joan Diver. A new camera has been purchased in the Parks Department that is directly aimed at the bike path. Parks Security took part in the search Friday night; they acted in a very professional manner and set a good example for our town and our town employees.

Town Attorney Steven Bengart

Town Attorney Bengart informed the Town Board that the real estate closing on the Soccer Center is scheduled for October 18, 2006. All Title issues have been worked out.

Motion by Supervisor Hallock, seconded by Councilman Kolber to enter into Executive Session pursuant to § 105(1) F of the Open Meetings Law to discuss the history of two corporations and § 105(1) A matters which will imperil the public safety if disclosed. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:20 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 11, 2006 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 Bernard Kolber, followed by a prayer given by Dr. David Kofahl, Senior Pastor of Clarence United Methodist 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, Asst. Director of Community Development James Hartz, Building Inspector David Metzger, Youth Director Dawn Kinney and Planning Board Chairperson Patricia Powers.

Motion by Councilman Kolber, seconded by Councilman Bylewski to accept the minutes of the previous meeting held September 27, 2006 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said the minutes of the previous meeting held October 4, 2006 were not available for review. Approval is tabled until the next meeting.

Supervisor Hallock announced that the regular Town Board meetings for November and December will be held, as posted, the first and third Wednesdays of each month.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for Wednesday, November 1, 2006 at 7:50 P.M. to consider the Preliminary Budget and Special District Assessment Rolls for the Town of Clarence for the year 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to create a Civil Service position of Executive Director – Youth Board (Competitive). On the question, Supervisor Hallock said the position is being established for Civil Service purposes and when the Youth Bureau is finalized, the title of Executive Director – Youth Board is most appropriate. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to set a Bid Date of Tuesday, October 31, 2006, at 10:30 a.m. to accept sealed bids for the sale of surplus office equipment as follows: 1 - Toshiba 3560 copy machine; serial number CEK81942; minimum bid of $550. 1 - Toshiba 3560 copy machine; serial number CEL820596; minimum bid of $500. 1 - Brothers Intellifax 1270 fax machine; serial number L07045279; minimum bid of $25. On the question, Supervisor Hallock said the Town Clerk will publish and post the notice that the equipment is available for inspection in the Supervisor's office. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to approve the following transfer of funds in the General Fund: $13,000 from A 5010.0100 Personal Services to A 1981 Grant Writing Consultant. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Whereas, Rural Transit Service, Inc. provides transportation services to eligible, low and moderate income persons who reside in the Town of Clarence Newstead and Village of Akron; and
          Now, Therefore, Be It
          Resolved, that a meeting of the Clarence Town Board duly held on Wednesday, October 11, 2006, the Town Board hereby agrees to sign onto the van program and continues to support Rural Transit Service Inc. for the 2007-2008 Community Development Block Grant year.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to authorize Change Order No. 2 for the Clarence Rails to Trails Project for installation of a maintenance free strip of washed gravel between the proposed bike path and the existing roadway in Memorial Park at a fee of $8,450. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock thanked Dr. Kofahl for his very meaningful prayer. The Town has experienced a tragic loss of Joan Diver.
          Supervisor Hallock announced that two rewards were established for a reward in the Joan Diver case. Dean Penman of Seal and Design is collecting funds and has over $100,000 towards a reward. He is accepting donations of $1,000 or more. Donations are also being accepted at M & T Bank in the Hollow under $1,000.
          Supervisor Hallock said we also received a donation of two bicycles from Towne Automotive for our Park Security.
          Supervisor Hallock said two weeks ago she announced we received a grant award of $10,000 from NYS Assemblyman Michael Cole. After discussing the recent events, Assemblyman Cole agreed to increase the amount to $12,500 to pay for the purchase of camera security systems on two additional Town buildings that abut bike paths.

Supervisor Hallock announced that she accepted, with regret, the resignation of Anne Case as Deputy Supervisor effective October 6, 2006. Anne not only served as the Deputy Supervisor for over 5 1/2 years, but also served as Town Supervisor for two years and as councilwoman for six years. Supervisor Hallock thanked her for the years of service to the Town.
          Supervisor Hallock stated that Councilman Scott Bylewski has agreed to serve as Deputy Supervisor for the remainder of this year effective October 7, 2006.

Supervisor Hallock stated that Agenda Item #14, Woodside Drive extension has been removed at the applicant's request.

Supervisor Hallock announced, as a reminder, that there is an opening on the Senior Center Board with a term expiring 12/31/08. The appointment is usually a three year appointment. 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, but everyone is encouraged to apply.

Supervisor Hallock said that at the September 28, 2006 meeting of the Friends of the Arboretum, it was announced that committee member Mark Legg has moved out of town and will no longer be serving on the committee. Mark was a valuable member of the Friends of the Arboretum and we thank him for his service.

Supervisor Hallock said a meeting was held last week for the residents with Buffalo Crushed Stone. A letter was received from Jamie Hypnarowski, Sr. Vice President as a follow up from the meeting. He hopes that it will serve as the cornerstone of continued communication between Buffalo Crushed Stone and the community.
          As a Clarence resident, he is committed to working with the Town to ensure that they are addressing the concerns. They are working on a number of initiatives in an effort to prove to the community that their intention is to be a good neighbor. They will update the Town as to the changes and improvements to the operation.

Councilman Bylewski expressed deepest sympathy for the Diver family. Everyone's thoughts and prayers are with them.

Councilman Bylewski thanked Supervisor Hallock for the trust in him to serve as her Deputy. He hopes he can live up to filling the shoes left by Anne Case and wishes her well.

Councilman Bylewski said we received a Notice of Adjournment of Creditors for Adelphia to October 18, 2006 at 2:00 P.M.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following Proclamation:
          WHEREAS, the Town of Clarence is a participant in the Code Enforcement Disaster Assistance Response (CEDAR) Program; and
          WHEREAS, the CEDAR program renders volunteer assistance to disaster stricken communities by trained Code Enforcement Officers from other Counties, Towns and Villages to insure that residents and business owners are not entering unsafe structures; and
          WHEREAS, many communities do not have enough sufficiently trained Code Enforcement Officers to inspect the homes and buildings affected by such disasters; and
          WHEREAS, in July of 2006, Tioga County, New York was in need of CEDAR assistance due to the severe, heavy rains that caused major flooding in that County causing various degrees of damage to over 600 homes and businesses; and
          WHEREAS, the Town of Clarence was called upon to provide assistance with the inspection of those homes and business that were damaged by the flooding; and
          WHEREAS, on July 6, 2006, three Town of Clarence Code Enforcement Officers, trained to respond to such disasters, readily complied with the request to assist Tioga County with the inspection of the damaged homes and businesses; and
          WHEREAS, these three Code Enforcement Officers were assigned to inspect several homes and businesses for structure and foundation damage and the potential development of toxic mold to insure the health, safety and welfare of the residents of Tioga County; and
          WHEREAS, these three men provided around the clock inspections for a combined total of approximately 1,930 hours amongst them; and
          NOW THEREFORE BE IT
          RESOLVED, that the Clarence Town Board, wishes to express our sincere appreciation to the following Code Enforcement Officers and commend them for their participation and dedication to the CEDAR program and hereby recognizes: David Metzger, Senior Code Enforcement Officer; Jeffrey Wilson, Code Enforcement Officer; and Paul Gross, Code Enforcement Officer.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following Proclamation:
          WHEREAS, the Town of Clarence volunteer fire departments and companies are comprised of dedicated volunteer firefighters who continually train and educate themselves with the most current information available in firefighting skills and techniques, emergency medical assistance, fire police services and mutual aid assistance; and
          WHEREAS, these dedicated men and women volunteers are prepared to respond to calls at any time of the day or night; and
          WHEREAS, in July of 2006, some members of the East Amherst Fire Department, Clarence Center Fire Company and the Harris Hill Fire Company volunteered to respond to the serious flooding situations in the Binghamton, New York area; and
          WHEREAS, those volunteers, along with others, assisted in various activities including but not limited to, manning an evacuation site where hundreds of individuals were brought for medical evaluation after being rescued, assisted at a serious motor vehicle accident, answered 911 calls, were boated into a flooded trailer park where they went door-to-door to provide care to countless residents, and cared for firefighters suffering from dehydration and heat exhaustion; and
          WHEREAS, the residents of the Town of Clarence realize what a valuable service these men and women volunteers provide to this community as well as providing mutual aid assistance to the surrounding communities in such emergency and natural disaster situations.
          NOW THEREFORE BE IT
          RESOLVED, that the Clarence Town Board, on behalf of the residents of the Town, wishes to express our sincere appreciation to the volunteer men and women firefighters who dedicate themselves so selflessly to serving the Clarence community; and be it further
          RESOLVED, that the Clarence Town Board proudly acknowledges the following men and women firefighters who volunteered their time and services in response to a mutual aid request to assist those in need in the Binghamton, New York area in July of 2006: Michael Morris and Dominick Walenczak - East Amherst Fire Department, Brad Smith, Shawn Raquet, and Amanda Tresino - Clarence Center Volunteer Fire Company, and Kathleen Rider and Jamison Rider – Harris Hill Volunteer Fire Company.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the Amherst Central Fire Alarm Report for September 2006. Town of Clarence fire companies responded to the following: 1 – Miscellaneous Fire; 1 – False Alarm; 125 – EMS Calls; 15 – Motor Vehicle Accidents; and 68 – Miscellaneous Calls for a total of 210 alarms.

Councilman Bylewski received the Single Family Dwelling Statistics Report from the Building Department. For the month ending September 2006 – 12 permits were issued in subdivisions and 5 outside of subdivisions. The year to date is 60 in subdivisions and 37 outside of subdivisions for a total of 97 permits issued. There were 146 issued for the same time period in 2004 and 98 in 2005.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Richard Bigler as a member of the Planning Board to fill the vacancy left by Phil Sgamma. On the question, Councilman Weiss thanked Phil Sgamma for all his work on that board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said there are vacancies for an Alternate to the Planning Board and on the Youth Advisory Council for anyone interested.

Councilman Casilio said last weekend a large part of the Town including about 100 volunteer firemen were involved in the search for Mrs. Diver. He asked Under Sheriff Donovan to come in to speak tonight. Supervisor Hallock came to the Clarence Fire Hall and saw the operation and what was going on. He said that besides the firemen working through the night, the Town Security, some Parks Department employees and the Town Disaster Services were also involved.
          Rick Donovan, Undersheriff of Erie County expressed their grief for the loss to the community. It has been tough on Clarence with two homicides in the community in less than a month. There have been many questions about the search and investigation. They will be limited to what they can say about the investigation. Chief Scott Patronik, Special Services is in charge of special squads. Also present was Chief Dennis Rankin, Police Services. They were heavily involved in this situation.
          Undersheriff Donovan said they feel that there is not going to be a connection to the death of Mrs. Diver and the bike path rapes in Amherst, Hamburg and Buffalo. He was Chief of Homicide in Buffalo for 5 years and was hands on with the earlier cases. There also is no connection to the homicide at Dynabrade.
          Chief Scott Patronik said he received a call in the afternoon that Mrs. Diver went missing. They decided to step up an extensive search at 4 pm. He contacted Erie County Emergency Services to set up the command post at Clarence Fire Hall. They contacted the State Police and used their helicopter. Niagara County Sheriff's bloodhounds were brought in. They also used volunteer firemen to aid in the search. The search ran from 7pm to 7am. The Border Patrol came in at night and assisted with their helicopter with night vision capabilities. ATV's were out along with ground search teams on the entire length of the bike path. They used thermal imaging on the ground and in the air.
          As time went on, they needed additional resources. A search and rescue team came in from Monroe County the next morning. Also, Hamburg Fire Department Search and Rescue Team came in.
          Councilman Casilio said he and the Supervisor were at the command center and were shown the grid patterns that they had mapped out and where everyone was working. Chief Patronik said upon review of the search, they were able to pinpoint searchers 12 ft. from where the body was ultimately found.
          Councilman Kolber said if the dogs were in that grid, why didn't they pick up the scent. Chief Patronik said he spoke with the dog handler and she said reasons they may not have are because of wind speed and direction and how thick the foliage was. It inhibits the travel of the scent.
          Councilman Casilio asked if the odor from the egg farm would throw off the scent. Chief Patronik said she told him the dog is trained to pick up human scent and other scents should not interfere with the dog's capability.
          Supervisor Hallock asked if the dense cover had anything to do with the capability of the infrared cameras not picking up. Chief Patronik said that is hard to determine because of the temperature differences. It may have blocked off some of the heat.
          Councilman Bylewski asked if they could explain the rationale for the search being called off. Chief Patronik said the decision was made to look at other resources in other areas. There were reports of sightings.
          Sheriff Donovan said they never really called off the search. There were patrols in the area. They were refocusing and looking at what they should do next. The volunteer group that went out Sunday was successful. If they missed her, it is their responsibility.
          Councilman Casilio said they were receiving calls at the command center that people saw her in other areas.
          Chief Patronik said interviews were being conducted throughout the night and they were looking in other areas as well.
          Town Attorney Steven Bengart asked if they have ruled out that the body was moved to that location. Sheriff Donovan said they left that possibility open until all of the forensic evidence was reviewed. The feeling of the medical examiners office is that the death took place very close to where the body was found.
          Supervisor Hallock asked if they have had the opportunity to search the car. Sheriff Donovan said they did. There were conflicting media reports. They were contacting Mr. Diver's attorney for permission and felt that it was better to have a search warrant. That investigation is not complete as yet.
          Councilman Casilio said he felt it was important to bring the Sheriff's Department in to explain what was involved in the intense search that was conducted. He was involved in it himself. Everyone should be commended for their effort.
          Sheriff Donovan said they feel terrible that she was found the next day, but they had to look at all possibilities. They reached out to other agencies for assistance. They appreciate all of the assistance. Unfortunately, these types of instances are happening all over our country.
          Councilman Kolber said there were a lot of groups that came from far away to help.
          Supervisor Hallock said it was a very impressive operation when she was there. It was a unified command.
          Councilman Weiss said he travels the bike paths a lot and that area is quite thick.
          Councilman Bylewski asked what he would recommend for people who want to go on the bike paths.
          Undersheriff Donovan said no one should travel alone on the bike path in areas like that. Younger children should always be with adult supervision. Security has been improved on the bike path, but common sense is to go with someone. They have limited resources, but do have occasions during the summer to have staff on the bike paths.
          Councilman Kolber asked how the volunteer group found her so quickly. Undersheriff Donovan said he does not know. They searched eight miles of the bike path from information they had. He just does not know.
          Councilman Casilio thanked the Sheriffs for coming tonight. He is aware that he talks to the Supervisor quite often, but it was nice of them to come in to talk to everyone.

Motion by Councilman Weiss, seconded by Supervisor Hallock to declare the following Town vehicles as surplus: 2 – 2002 Chevy Malibu's, T-14 Security Car VIN #1G1ND52J82M658926 and T-17 Security Car VIN #1G1ND52J02M659052; and T-9 Chrysler Voyager VIN #1G4GJ25342B618844. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Bid Date of October 31, 2006 at 10:00 a.m. for the sale of the following surplus Town vehicles: 2 – 2002 Chevy Malibu's, T-14 Security Car VIN #1G1ND52J82M658926 and T-17 Security Car VIN #1G1ND52J02M659052; and T-9 Chrysler Voyager VIN #1G4GJ25342B618844. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said a meeting was held for the proposed skate park with the Arboretum Committee, a group of skaters and Youth Director Dawn Kinney. They reviewed a number of samples of jumps and platforms for skate parks from vendors. The skate park enthusiasts are reviewing the samples and putting together a plan to serve all levels of skaters. They will come back next week and we will talk with the Town Engineer about pricing, etc. He will report as things progress.

Councilman Weiss said there have been problems at the football field at Sunset Park with damage from parking issues. They are working on a solution to that.

Councilman Weiss said a meeting is scheduled for October 20th for participants in the deer abatement project.

Councilman Kolber said he is liaison to the Zoning Board of Appeals, which has authority to grant variances to things that are not in conformance with the Zoning Law. Property owners surrounding a property up for a variance are not informed. A sign is usually posted on the property being reviewed. He has a copy of a form that is used in Orchard Park and is hoping to use it here to inform people of proposed zoning variances.

Councilman Kolber said in the past, there was an historic picture in the Clarence Bee called “Out of the Past”. He said the Historical Society is willing to supply the pictures to put in the paper. He would like the Bee to consider doing this again.

Councilman Casilio said they are receiving pricing for gas bulbs for the gas light district.
          They are also looking at fixing the light poles in the Harris Hill area. He has also spoke with Highway Supt. Ted Donner about removing some of the overgrown brush on the sidewalks on Nottingham Terrace.

Councilman Casilio said the Highway Department also has started removing brush along the bike path. We are looking into more video systems for the parks, along with wireless cameras along the bike paths.

Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Public Hearing for November 15, 2006 at 7:45 P.M. to consider an amendment to the Code of the Town of Clarence to adopt Local Law No. 5 of 2006 Building Construction and Fire Prevention Code. On the question, Councilman Bylewski said this is to bring us in to compliance with the International Building Code that was adopted by New York State. Upon roll call – Ayes: All; Noes: None. Motion carried.

Town Clerk Nancy Metzger read a Public Notice from Erie County Department of Environment and Planning announcing the 30-day open enrollment period for inclusion into an Erie County Agricultural District. Forms are available in the Town Clerk's office.

Town Clerk Nancy Metzger received Notice of a Public Hearing from Erie County Board of Health to be held October 31, 2006 at 3:00 P.M. in Room 904 of the Rath Building, 95 Franklin Street, Buffalo to consider additions to the Erie County Sanitary Code Article, Section 9 – Permits Generally. A copy of the proposed revisions is available in the Town Clerk's office.

Department Reports

Dawn Kinney, Youth Director encouraged residents to take part in the Youth and Family Needs Survey. The survey is part of a collaborative effort with the School District to hear from the public on what they feel the needs of the community are. From this data, they will develop a 5-year strategic plan to meet those needs through programs and services. The survey can be accessed on the Town website or the School website. Hard copies are also available at the Town Hall.
          Dawn announced that Winterfest is scheduled to take place on February 11, 2007 at the Main Street Town Park from Noon to 6:00 P.M. Plans are being made for anyone interested. The next meeting is October 25, 2006 at 9:00 A.M. at the Town Hall.

Town Clerk Nancy Metzger reminded everyone that School Taxes are due October 16, 2006. Supervisor Hallock added that the penalty for being late is 7.5% the first day.

A Public Hearing was held to provide citizens an opportunity to express community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Clarence.
          James Callahan said the Town of Clarence is a member of the consortium of Erie County Governments and as such is eligible for funding under the Federal Community Block Grant Program. The program is designed to provide benefits to persons of low to moderate income. Funding in the past has provided handicap access, sidewalk extensions and sewer extensions. Several of these projects are being worked on.
          Supervisor Hallock said the Town Hall will be getting new doors. Town Engineer Joseph Latona said the new doors will have electronic actuators.
          Supervisor Hallock added that other projects from this funding included handicap parking, a ramp and lavatories at the Gerber Library, which is used by the Clarence Historical Society for genealogical research and activities. We were also able to extend sewers in the Clarence Hollow on two streets, which will help our sewer money go further. Councilman Kolber added that we are also installing handicap accessible doors at the library.
          Supervisor Hallock said she would like to speak in support of the Rural Transit Service for our Community Development Grant Project. This service is a non-profit transportation service for eligible residents for shopping, human services and employment with highest priority given for medical and health services. The van is housed at our former Water Department building and shared with the Town of Newstead. As Chairman of the Advisory Committee, she feels this is a very worthwhile service.
          Councilman Casilio said he would like to include sidewalks for the Harris Hill area.
          Councilman Bylewski asked if there was a possibility of including extension of sidewalks in the Clarence Hollow area. Supervisor Hallock said they thought about that, but were waiting for the construction to be completed for the sewers. They would like to postpone it for one year.
          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 Councilman Weiss to adopt the following resolution:
          WHEREAS, the Clarence Town Board is desirous to provide services to low and moderate income persons who reside in the Town of Clarence; and
          WHEREAS, the Clarence Town Board set a public hearing for October 11, 2006 at 7:45 p.m. to provide an opportunity for public input to the citizens of the Town to express community development and housing needs and possible projects that would benefit low and moderate income persons residing in the Town; and
          WHEREAS, the Clarence Town Board will consider and submit all projects that qualify for the Erie County Community Development Block Grant program for ECCDBG funds.
          NOW THEREFORE BE IT
          RESOLVED, that a meeting of the Clarence Town Board duly convened on Wednesday, October 11, 2006 a public hearing was held, and after all interested parties having been heard, the Clarence Town Board hereby authorizes Kathleen E. Hallock, Supervisor of the Town of Clarence, Erie County, New York to sign, submit and execute a contract with the Erie County Community Development Block Grant (ECCDBG) Program for the following projects upon approval of ECCDBG: 1. Rural Transit Service for 2007-2008.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider rescinding an existing Temporary Conditional Permit for automotive sales at 5945 Goodrich Road. James Callahan said the property is located on the east side of Goodrich Road, south of Clarence Center Road consisting of an existing dental office. A Temporary Conditional Permit was issued October 24, 2001 for automotive sales with the condition of no display or advertising the sale of vehicles. Several complaints with documentation of violations have occurred over the last several months. Due to the persistent violation of the conditions, the Town Board set this hearing to consider rescinding the permit.
          The holder of the Temporary Conditional Permit was not present.
          Councilman Bylewski asked if there were several complaints. James Callahan said there have been several vehicles on display with phone numbers, with one as recent as this week. He received a notice to decease and desist immediately. If the permit is rescinded and the owner continues, he will be notified that he is in violation of Town Laws and we will go through the process.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, seconded by Councilman Weiss to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to adopt the following resolution:
          WHEREAS, a Temporary Conditional Permit was previously granted to the applicant, Garth Davis, for a business office for an automotive sales operation located at 5945 Goodrich Road conditioned on there being no display or advertising of vehicles at this site; and
          WHEREAS, Mr. Davis sent letters to the neighboring property owners stating that there would never be any display of vehicles; and
          WHEREAS, Mr. Davis has violated all conditions set forth in the approval first granted on October 24, 2001 by displaying vehicles for sale on the property located at 5945 Goodrich Road.
          Now therefore be it
          RESOLVED, that after a public hearing duly held on October 11, 2006, and after all interested parties being heard, the Clarence Town Board hereby rescinds the Temporary Conditional Permit for 5945 Goodrich Road granted to Garth Davis.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for automotive sales at 4917 Transit Road. James Callahan said the property is on the east side of Transit Road, north of Sheridan Drive. The owner currently operates an existing automotive sales operation and is proposing to expand by acquiring the adjoining retail plaza. The Planning Board forwarded a recommendation for approval of a Temporary Conditional Permit for the short term with conditions for long term use of the property.
          William Lia, owner of the property said he appreciates the recommendation.
          Councilman Bylewski said he understands that they plan to apply for a Special Exception Use Permit to have a permanent sale of vehicles and this is to allow for the opportunity for sales at this time.
          Mr. Lia said this site may be used for storage with sales remaining at the existing site. They will continue to evaluate that as time goes by. Mr. Lia is aware of the conditions.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Casilio to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by to adopt the following resolution:
          RESOLVED, that the Clarence Town Board, after a public hearing duly held on October 11, 2006, and after all interested parties being heard, grants a Temporary Conditional Permit to the applicant, LIA Honda, to convert adjoining existing retail space to an automotive sales operation located at 4891 Transit Road, subject to the following conditions: 1. The Temporary Conditional Permit is granted for one year. 2. Landscape Committee review and approval. 3. Identification of long-term green-space minimum of 25% and reduction of one curb cut. 4. No vehicle parking in existing green-space. 5. No fluttering or flashing items used for display. 6. No raised platforms for display. 7. Vehicle hoods shall not be left open for display.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said Item 14. Greenman – Pedersen, Inc. request for Concept Review of a proposed road extension of Woodside Drive was removed from the agenda at the request of the applicant.

Metzger Civil Engineering requests Concept Review of a proposed subdivision at 6237 Heise Road. James Callahan said the property consists of approximately 16.7 acres zoned Residential Single Family.
          Michael Metzger said the proposed subdivision includes 12 lots. There is a significant history to this project that he believes the Town Board should be made aware of. Edward Nesselbeck met with the Planning and Zoning Department in April 1995 to go on record as having an interest in developing the property for residential lots behind his principle residence. He asked at that time for access to his property via the proposed Pine Breeze Part 4 and Beech Meadow Part 3 development adjacent to his. He was told by Mr. McCarthy that that would be appropriate, as a new road from Heise would require a bridge over Ransom Creek, if even allowed by NYSDEC.
          In July 1996, Mr. Nesselbeck noted construction activities adjacent to his property to the north. He then sent notes to two Town Board members who were aware of his intentions. He received a letter back from the Zoning Department that the Planning Board never received his letter from 1995 and that it was too late to gain access from Beech Meadows.
          Mr. Nesselbeck received a call from the Zoning Department in November 1996 stating that the engineers for Pine Breeze will consider incorporating a stub to his property through future development. At the December 4, 1996 Planning Board meeting, engineers for Pine Breeze stated that it was not practical to access the Nesselbeck property due to elevation and sewer capacity concerns. The Planning Board moved to approve Pine Breeze without consideration for providing a road connection.
          Mr. Nesselbeck contracted Metzger Civil Engineers to assist in planning development of the property with access and utilities from Heise Road. Connection to sanitary sewers is not available and development would need to include septic systems. This adds unnecessary expense and decreases desirability for potential purchasers. It also limits the rate at which the lots may be developed to only four lots every three years.
          Mr. Metzger said on July 23, 2003 they presented preliminary development plans to the Town Board and were referred to the Planning Board. The Planning Board referred them to the DEC to get some answers. They feel the problem is still with the Planning Board. The plan presented tonight shows a detention pond and removal of one lot from the previous plan. They do have sanitary sewers available to the project now. They would like to pick up where they left off.
          Councilman Bylewski asked if the project would be eligible for an open space design. James Callahan said sewers are available. Mr. Metzger said they have not looked at an open space design.
          Councilman Kolber said this project sat in limbo. Mr. Metzger said it sat while they worked with the DEC. They are now ready to proceed. They would be able to run the sewer line under the creek to Heise Road. The project is several hundred feet back and the only thing visible from Heise would be the road. Councilman Kolber said so we will get significant greenspace with this project. Mr. Metzger said they had hoped to have a connection to Jennifer Court.
          Councilman Weiss said there is the issue of public versus private road. It will only serve the residents living there. Mr. Metzger said his client hopes that there would be some consideration due to the past history and the mistakes that were made not giving him access.
          Councilman Casilio asked for a copy of what Mr. Metzger read. A copy of what he read, along with attachments were given to the Town Clerk. Councilman Casilio asked if Mr. Nesselback was approached to sell his land to the other developer. Mr. Metzger said he did not know.
          Councilman Kolber said he is not normally in favor of new dead end roads, but he would probably look favorably to try and rectify what has happened.
          Councilman Weiss said there may be another interpretation of what happened also. We have to look at both sides.
          James Callahan said this would have to be referred to the Planning Board per the Subdivision Regulations.
          Councilman Bylewski said there is a preference for open space design.
          Mr. Metzger said his client's intent is to preserve as many trees as possible. The lots are 3/4 acre. He would also like to leave a buffer around the perimeter. They worked with the Town Engineers office at the time and they are aware of the floodplain issues. The project would need some further analysis.
          Motion by Councilman Weiss, seconded by Councilman Casilio to refer the request for Concept Review of a proposed subdivision at 6237 Heise Road to the Planning Board to look at an open space design plan, as well as the plan submitted tonight; preservation of trees; floodplain concerns and sewers as part of the review. Upon roll call – Ayes: All; Noes: None. Motion carried.

Clarence Center Vol. Fire Co. requests a determination under SEQRA for 9415 Clarence Center Road. James Callahan said the applicant is proposing the demolition of an existing building over 50 years old in the Traditional Neighborhood District. This is considered a Type I Action under SEQRA.
          Dan Loudenslager was present from the fire company. They intend to place a landscaped seating area to include the Williams Hall block from the top of the building as a memorial area near where the existing steps are located. He hopes to have it completed next summer. They would like to take it to an architect to have plans drawn up. He could commit to having it completed in one year.
          James Callahan said once the SEQRA is complete, the Demolition Permit could be issued by the Building Department.
          Councilman Bylewski said he was not in favor of the Positive Declaration because he felt that everything was done to preserve it or mitigate the adverse impacts of the demolition.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          WHEREAS, the Clarence Town Board, had previously acted on September 13, 2006 to issue a Positive Declaration on the action of demolishing a potentially historic structure, known as Williams Hall in the hamlet of Clarence Center, said structure being owned by the Clarence Center Volunteer Fire Company; and
          WHEREAS, the Town Board has identified that the action of issuing a Positive Declaration will not lead to the generation of any additional information that has not already been determined through the SEQRA process to date; and
          WHEREAS, the Clarence Town Board is concerned over the demolition of Williams Hall due to the identified historical significance; and
          WHEREAS, the cost of rehabilitation of Williams Hall for a functional purpose is beyond the resources of the Town of Clarence and the Clarence Center Volunteer Fire Company.
          NOW THEREFORE, BE IT
          RESOLVED that the Clarence Town Board does hereby rescind the Positive Declaration issued on September 13, 2006 for 9425 Clarence Center Road.
          On the question, Councilman Casilio said he had voted for the Positive Declaration because he wanted to make sure that we gave the building one last look. There was no more support. It could have cost the Town or the fire company a lot of money and the results may have been the same.
          Councilman Weiss said our tax payers are burdened with rising costs, he cannot vote in good conscience on tearing down a building that has deteriorated from the fire company neglect.
          Councilman Kolber said he had a hard time with this in regard to historic preservation. It is historic, but it is not attractive. There is no potential for a suitable use of the building.
          Councilman Casilio added that the cinder block that it is made from is still available today. There is nothing valuable, but the history. It is a shame that it is going to be torn down.
          Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: Councilman Weiss. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Casilio to adopt the following resolution:
          WHEREAS, the Clarence Town Board, had previously acted on September 13, 2006 to issue a Positive Declaration on the action of demolishing a potentially historic structure, known as Williams Hall in the hamlet of Clarence Center, said structure being owned by the Clarence Center Volunteer Fire Company; and
          WHEREAS, the Town Board has now determined that the action of issuing a Positive Declaration will not lead to the generation of any additional information that has not already been determined through the SEQRA process to date; and
          WHEREAS, the Clarence Town Board has further determined that the cost of rehabilitation of Williams Hall for a functional purpose is beyond the resources of the Town of Clarence and the Clarence Center Volunteer Fire Company.
          WHEREAS, the Clarence Town Board has previously, this evening, rescinded the issuance of the Positive Declaration of September 13, 2006.
          NOW THEREFORE, BE IT
          RESOLVED, that the Clarence Town Board does hereby issue a Negative Declaration on the proposed action of demolishing Williams Hall located at 9425 Clarence Center Road, based upon the information developed in the SEQRA review process that additional costs to salvage the entire building are not reasonable; and be it further
          RESOLVED, that as a part of the actual demolition, portions of the structure that can be salvaged to retain the historical significance of the structure, be saved for future use and Williams Hall Memorial as described this evening be completed no later than October 11, 2007. Upon roll call – Ayes: Councilmembers Casilio, Kolber, Bylewski and Supervisor Hallock; Noes: Councilman Weiss. Motion carried.

Joe and John Rubino request a determination/clarification under SEQRA for property at Clarence Center Road and Shimerville Road.
          Brad Davidzik of Renaldo and Palumbo said they were under the impression that this would be a rescinding of the Positive Declaration that was previously issued.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          WHEREAS, the Clarence Town Board, had previously acted on August 23, 2006 to issue a Positive Declaration on the use of sewer capacity from Erie County Sewer District No. 5 in Clarence Sewer District No. 6 and including the proposed Ranchview Subdivision, also know as Rubino Subdivision, located on the Southwest corner of Clarence Center and Shimerville Roads; and
          WHEREAS, the Clarence Town Board has now determined that the decision to issue a declaration under SEQR may have been premature.
          NOW THEREFORE, BE IT
          RESOLVED that the Clarence Town Board does hereby rescind the Positive Declaration issued on August 23, 2006.
          On the question, Town Attorney Steven Bengart said part of the reason this went down to the TEQR Committee was because of the applicant's request to move it forward.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the matter for a determination/clarification under SEQRA for property at Clarence Center Road and Shimerville Road again to the Planning Board for further review as follows: 1. As an Open Space Development Design; 2. The issue of the 200 ft. setback be explored and a recommendation made by the Planning Board to the Town Board; 3. We still have the underlying sewer issue that will have to be addressed through the SEQRA review process; 4. Recommendation from the Planning Board on whether a public or private road should be used in this project. On the question, Councilman Bylewski said we have previously stated that there has to be a public benefit provided by insertion of a public road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Benderson Development requests Concept Review of a proposed new drug store at 9217 Main Street. James Callahan said the location is the south side of Main Street at the intersection of Thompson Road and Sheridan Drive consisting of approximately13.3 acres zoned Commercial as identified in the Master Plan.
          Brad Davidzik of Renaldo and Palumbo, Jim Rumsey, Architect for Benderson Development and Kim Fiddler, Exec. Vice President of Benderson Development were all present. Mr. Rumsey said the proposal is for a 14,800 sq. ft. pharmacy with a 10,000 sq. ft. office building behind it. Access to the site would be in line with Thompson Road. They are requesting a frontyard setback for parking, which will require a variance from the ZBA.
          Councilman Kolber asked about the two curb cuts. Mr. Rumsey said they are working on a traffic study to see if the two curb cuts will be acceptable.
          Councilman Bylewski said they would also be looking for some cross-development access to address land use management issues.
          Councilman Kolber said he would like to make sure that there is buffering for the manufactured housing park next to it to minimize the impact.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request for Concept Review of a proposed new drug store at 9217 Main Street to the Planning Board. On the question, Supervisor Hallock said the minutes reflect some of the concerns that were brought up. Upon roll call – Ayes: All; Noes: None. Motion carried.

Dynabrade requests a Building Permit and Architectural Approval for construction of an addition to existing manufacturing facility at 8989 Sheridan Drive. James Callahan said the property consists of 17.3 acres. Concept Approval for expansion was granted in 2001. The applicant is seeking approval for Phase II of the expansion.
          The architect said the proposed addition would maintain the 80 ft. buffer as agreed upon in 2001. All construction would match the existing building. The purpose is for warehouse expansion.
          Councilman Bylewski said a Negative Declaration was issued for the entire site.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to grant a Building Permit and Architectural Approval for construction of an addition to existing manufacturing facility at 8989 Sheridan Drive. On the question, Councilman Kolber said he owns property adjacent to this site, so he will recuse himself from voting. Councilman Casilio said his brother-in-law is on an advisory board for Dynabrade, so he will also recuse himself from voting. Councilman Bylewski said the building will be for 51,400+/- sq. ft. and is subject to the conditions identified in the Concept Approval from 2001. Upon roll call – Ayes: Councilmen Weiss and Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilmen Casilio and Kolber. Motion carried.

Norm Castine requests Concept Plan Approval for a 4-Lot Open Development Area with one frontage lot at 7040 Goodrich Road. James Callahan said the location is the west side of Goodrich Road between Goodrich and Lapp consisting of approximately 28 acres zoned Agricultural Rural Residential. The Planning Board has forwarded a recommendation with conditions.
          Brad Davidzik, Renaldo and Palumbo said they were under the impression that this was to set a public hearing date. James Callahan said that under the Open Development a public hearing is not required.
          Councilman Bylewski said a couple concerns have been raised including drainage and a waterline for a fire hydrant. Town Engineer Joseph Latona added that a fire hydrant will be required within 600 ft. of the structures.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the request of the applicant, Norm Castine, for concept plan approval for a 4-lot Open Development Area subject to the following conditions: 1. Review and approval by the Town Engineer of drainage concerns on Development Plan. 2. Open space and recreation fees. 3. Issue of fire protection as identified. Upon roll call – Ayes: All; Noes: None. Motion carried.

Paul Stephen requests Building Permit and Architectural Approval for proposed remodeling of existing Red Rock Apartments at 8880 Main Street. James Callahan said the property consists of 1.4 acres in the Harris Hill Traditional Neighborhood District. The applicant proposes to renovate the existing units.
          Douglas Klotzbach, architect said the proposal is to rework the layout of the existing units and remove the laundry facilities in between. The main objection is to make them usable to generate income. The outside will be refaced with a vinyl brick.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to grant approval for a Building Permit and Architectural Approval for proposed remodeling of existing Red Rock Apartments at 8880 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.

Jim's Steakout requests a Building Permit and Architectural Approval for remodeling of an existing restaurant at 5651 Transit Road. James Callahan said the property consists of .81 acre in the Major Arterial Zone.
          Chris Parezo, Gallo Architects said they would like to improve the faηade and cover the patio area.
          Councilman Bylewski said they would have to apply for a Temporary Conditional Permit for outside dining because of the new ownership.
          Motion by Councilman Bylewski seconded by Councilman Casilio to grant approval for a Building Permit and Architectural Approval for remodeling of an existing restaurant at 5651 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing for November 15, 2006 at 7:50 P.M. to consider the request by Jim's Steakout for outside dining at 5651 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Karen Dunn requests a Public Hearing to consider a Special Exception Use Permit for a secondary living unit at 10410 Keller Road. James Callahan said the location is the north side of Keller Road, east of Strickler Road consisting of approximately 5.3+/- acres in the Agricultural Rural Residential Zone. The request is for an in-law apartment in the proposed single family home.
          John Dunn was present and is aware of the requirements.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to set a Public Hearing for November 1, 2006 at 7:55 P.M. to consider a Special Exception Use Permit for a secondary living unit at 10410 Keller Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Boy Scout Troop #664 – Nov. 29, 2006; Legion Hall Applications - A. Cub Scout Pack 563, Tiger Den – Monthly meetings for 2006 & 2007; B. Daniel Sutton – Nov. 5, 2006; and C. Joyce Czarnecki – Nov. 11, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board the following bills of October 5, 2006 are approved for payment: General Fund - $101,697.58; Highway Fund - $34,501.46; Water District - $34,912.09; Sewer Districts - $602.17; and Capital Fund - $2,287.00 for a total amount of $174,000.30. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber thanked Towne BMW, as well as Dan Singer for the donation of the two bikes for bike path patrols.

Councilman Kolber also thanked Councilwoman Shelly Schratz of Amherst for trying to resolve the sewer issue. She came and met with us today.

There being no further business, Supervisor Hallock adjourned the meeting at 9:50 P.M. in memory of Joan Diver, whose life ended tragically a few weeks ago; and in memory of William Muchow, a long time resident of Clarence Center who passed away this week.

Nancy C. Metzger
Town Clerk