10/24/07


A Work Session of the Clarence Town Board was held on October 24, 2007 at Clarence Town Hall, One Town Place, Clarence, NY.

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

Clarence Center VFC

Representatives from Clarence Center VFC stated that they are holding a steady 3% across the board. They have approximately $1,000,000. balance due on the mortgage on their building from construction 5 years ago. There is a 5-year adjustable rate mortgage coming due so they are at a point where they have to renegotiate the mortgage. They are taking advantage of this opportunity to shortening the term from the original 15 additional years down to 10 year mortgage cutting 5 years off the mortgage for a savings of $500,000. They will not be making any additional payments beyond their monthly payment. There are fees involved with refinancing so in order to absorb those fees, they budgeted $20,000 in the mortgage line item. They basically held the line on all other line items. After LOSAP, the tax rate per thousand will be $1.01.

Supervisor Hallock stated that last year Clarence Center projection for 2008 was $10,000 less than 2007 that came in this year. Going forward projections for the next two years are 4% and 4.37% and she would hope the fire company is more in line on them.

Terry Dickinson stated that the two capital line items, one being the vehicle capital line item have a 10% increase on that line item all other line items have a 3% increase. The10% increase on the capital vehicle is due to the fact that there is a long range schedule replacement plan in place for that. In that there is a 10% increase on the budget line item and 5% growth in the money they hold in that capital fund from year to year.

Councilman Weiss stated that in WNY, salaries are not keeping up with the tax increases. Given the fact that we do not have as many fires anymore and most emergency calls are health related at some point rather than take drastic steps he asked if the fire company had given any thought to the fact that the large trucks are being used at a much reduced level than they have in the past that the volunteer fire companies would consider signing a contract with ambulance type services because 90% of the calls are now health related and not fire related. As we go forward, we have to look at economies. The Catholic Churches are closing and consolidating other people are doing things to conserve. Councilman
          Weiss asked what cost cutting measures could be incorporated as we go forward in the coming years.

Terry Dickinson stated that their ladder truck cost them $500,000 to purchase, when it comes up for replacement they are looking at spending $1,000,000 for that piece of equipment. The fire company is rated by ISO. If they were to eliminate one of their pumpers, their ISO rating drops and everyone in their fire districts fire insurance increases. Councilman Bylewski stated that the Board understands that but they are trying to find out if there is that decrease what is the corresponding increase in the fire insurance and would it off-set the cost of additional equipment.

Councilman Bylewski asked if the fire company could give an update as to when the Williams Hall monument marker was going to be installed. Tom Brady stated that the footer is in and it should be installed in two weeks. There was damage to the stone when it came off the building.

East Amherst VFC

President Kenneth Rusin, Fire Chief Michael Morris, Treasurer Greg Skibitsky, Board Member David Lichtenthal were present to discuss East Amherst VFC budget. Kenneth Rusin stated that they have kept their budget down to the minimum that they need to operate their fire department. Their rate is one of the lowest in the County and their increase is very minimal for today's economy. Supervisor Hallock commented that East Amherst budget was well prepared and everything the Town Board had requested was received. East Amherst VFC is looking for a three year contract which would amount to an increase of 8.26% over three years which is reasonable.

The projection for 2008 was $10,000 less than what it actually came in at. Mr. Rusin explained that when that projection was done, they were looking at the budget over a year in advance and when it came down to preparing their budget request they have a better idea of what they are looking at as far as other costs involved such as rising fuel costs, utilities, equipment - there is the difference from that projection in over a year prior to the actual request.

Councilman Bylewski stated that if the Town goes forward with a three-year contract, he would be looking for information as to how changes in the ISO or NFPA ratings would effect insurance ratings and how that may be off set tax wise – cost benefit analysis for the tax payers is what he will be looking for.

The Town of Amherst has approved a three year contract with East Amherst VFC at 9% (3% each year).

Harris Hill VFC

Larry Nieciepozeski President and Garry Soehner Treasure of Harris Hill VFC were present to discuss their budget. Some of the budget increases are for service contracts, utilities, mandated physicals and grant writing. New accounting requirements have also necessitated an increase in that fund. Supervisor Hallock ask if any consideration was given to the fire company going with a three year contract. Larry Nieciepozeski stated that they did not pursue it to any large extent but the sediment seemed to be against it, the company did not see a need to try to get a three year commitment.

Councilman Kolber asked if their building costs have stabilized. Mr. Nieciepozeski stated that he will find out Friday morning. The mortgage has been paid down however; Mr. Nieciepozeski has not achieved a final figure on the mortgage rate. He is hoping that will decrease because of monies due from energy savings.

Rapids VFC

Representatives from Rapids VFC were not able to attend this evenings Public Hearing. Their budget request went from $36,000 to $37,050.

Swormville VFC

John Gaulocher, Dave Stengel and John Keegan representatives from Swormville VFC presented their budget requests. Swormville Fire Company is interested in a three year contract as long as there is room for an increase should a catastrophe occur. The members have to approve the three year budget. Mr. Gaulocher asked for the Board's support regarding Amherst Fire Control 911 System. County Executive Joel Giambra wants to close 20 dispatch centers in the county to save money.

The tax rate based on the Supervisor's budget is projected to go down.

Director of Community – James Callahan

Public Hearings:

A public hearing is scheduled for 8:10PM to provide an opportunity for citizens 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. Projects for consideration include: handicapped accessible renovations to the American Legion building, waterlines in support of economic development efforts to encourage job creation at the Roll Road Industrial Park and Rural Transit Services, Inc. for low to moderate income residents, seniors and persons with disabilities.

Agenda items:

  • 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. The project was tabled at the last meeting and the revised drawing that was at Engineering is now submitted to Planning - it is substantially the same. There are some slight adjustments to the access road but it meets all the conditions of the Planning Board. Planning, Engineering and the Legal Department have had a chance to look at the same drawing. Mr. Carollo is also requesting a fill permit. Town Engineer Latona stated that he must first submit a grading plan. One of the recommendations from the Planning Board is that “no further site development" take place.
  • 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. (Councilman Casilio will recuse from voting on this project)
  • 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. Areas of concern include open space, recreation land set-aside, 200' setback violation, wetland encroachment, amendment to Final EIS for Heise-Brookhaven Trunk Sewer etc.
  • 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 sewer capacity, open space design alternative, inadequate recreation space requirement, 200' setback rule as well as numerous other issues (Councilman Casilio left the meeting during discussion of this project)

Work Session items:

  • Pegasus Property Management Inc. 9545 Main Street

    Applicant is seeking approval to expand parking facilities in the required front yard setback. The proposed site is located on the southwest corner of Main Street and Gunnville Road on 1.1+/- acres in the Commercial Zone. A zoning variance will be necessary to allow parking in the front yard setback area. The Town Board may identify concerns/conditions prior to the applicant proceeding to the ZBA to consider a variance. Director of Community Development James Callahan stated that a Commercial Zone requires an 80' greenbelt prior to the parking area in the front yard, this project does not meet that requirement.

    The applicant was present and addressed the Town Board. He indicated that they have worked on bringing the building back to its historical character. They have enhanced the look of the building with new siding, roof and shutters. The stone wall was rebuilt from the ground up and enhanced in several areas to help with parking issues. They are at the point where they are ready to engage the building but in order to do that; they must address the parking issue. The applicant indicated that he will be employing 30 professionals in the building and will bring 40 executives in on a monthly basis from across the county to do strategic planning on the use of his products in their facilities. The inside of the building is consistent with what was done on the outside including new wallpaper, carpeting, the old woodwork has been restored as well as the front door which is the original door. The applicant is trying to make this building fit a professional setting and a professional use. A parking plan was presented showing 85% (38 parking spaces) of the parking to the rear of the building however, they have to do something to address the entrance at Main Street. The existing parking area in the front of the building will accommodate approximately 5 parking spaces. There is no way to get around the building from the front to the back on the property. In order to deal with the parking areas in front safely, some adjustments will have to be made; the applicant indicated that the parking lot is not safe the way it is. They have come up with a proposal to rearrange the situation so people can park their vehicles and get in and out of the parking area safely. Many of their clients come in limousines and taxis that pull into the front of the building to drop off their clients. They need a way for these vehicles to pull into the property and then to exit the property without backing out onto Main Street. Part of the proposal is for a turn-around. The applicant is requesting 38 parking spaces to the rear of the building with access via the existing curb cut on Gunnville Road and then to rearrange the existing 5 spaces on Main Street to provide a turnaround circle at the Main entrance. They want to reduce the Main Street parking from 5 to 4 spaces and add a couple parking spaces along with 2 handicap spaces facing Gunnville Road with access via the existing curb cut.

  • Roll Industrial Business Park-north of Roll Rd opposite Harris Hill Road

    Applicant is seeking Development Plan approval on the industrial park as well as architectural approval on a specific use within the park. The proposed site is located on the north side of Roll Road behind Italian Marble and Granite. The conceptually approved industrial park is located on 30+/- acres in the Industrial Business Park Zone. A Negative Declaration under SEQR has been issued on the project. Site engineering approval and Landscape Plan approval will need to be conditions of the approval. This project is subject to Commercial Open Space Fees.

    Harris Hill Association has submitted a concept to extend the recreational trail from Sunset Park to the trail head at Wehrle Drive at the West Shore Line. James Callahan stated that if the Town is going to pursue this, he will forward it to the Recreation Advisory Committee and Conservation Advisory Committee as well as Erie County DPW to work on what would be needed to install a trail.

  • Rock Bottom 6261 Transit Road
              Applicant is requesting a building permit and architectural approval for a new porch addition to the south side of the building.

Supervisor Kathleen Hallock

Supervisor Hallock will announce the motions made at the October 3, 2007 Work Session and the October 18th meeting.

The Town Board meeting schedule for November will be November 1st and November 28th.

The speed trailer has arrived at the Highway Department. After reviewing the procedure for the trailer placement with Highway Superintended Ted Donner and Councilman Casilio, it was suggested that requests for placement of the trailer should be referred to the Traffic Safety Committee for their recommendations. Traffic Safety will follow through with the Highway Department.

Supervisor Hallock received a memo regarding appointment of a Security Guard in the Justice Court office, the process has begun.

Supervisor Hallock will set a public hearing for the Preliminary Budget. The Preliminary Budget has to be on file in the Town Clerk's office on October 31st. A budget meeting is scheduled for 3:30 PM tomorrow (October 25th).

Erie County Legislature Michael Ranzenhofer called Supervisor Hallock regarding her letter to Jerry Sentz relative to the stop signs at Greiner and Thompson Road. Mr. Ranzenhofer has a call into Charley Sickler regarding this request.

Supervisor Hallock announced that Howie Johnt will be retiring in November.

The Erie County Sno-Seeks submitted a letter requesting use of the trails for this upcoming season. Supervisor Hallock forwarded their request to Parks Crew Chief John Burns and Town Engineer Latona for their input. John Burns felt that the ditches on either side of the path from Herr Road east to the Newstead line are very deep. Town Engineer Latona stated that the Sno-Seekers have been very good about using the Peanut Line. Town Engineer Latona will speak with Parks Crew Chief John Burns further regarding this.

Supervisor Hallock will make a motion to sign onto the van program and continue to support Rural Transit Services Inc. for the 2008-2009 Community Development Block Grant year.

The Supervisor's office has received several applications for the Planner position. Applications will be accepted until 11/2/07.

A Public Hearing will be held on November 7th to consider adoption of a Local Law to be known as Stormwater Management, Erosion and Sediment Control.

Supervisor Hallock has two items to discuss in Executive Session.

Councilman Scott Bylewski

Amherst Fire Chiefs' Association is recommending that Amherst, Clarence and Newstead enter into a contract with Twin City Ambulance.

The TEQR Committee has reviewed the proposed Stormwater Ordinances and has forwarded a recommendation.

A planning training seminar is scheduled at the Eden Town Hall on November 26th, and November 27th in Niagara County for the ZBA, Planning Board and TEQR Committee which will help fulfill their training requirements.

Councilman Bylewski has one item to discuss in Executive Session regarding the employment history of an individual.

Councilman Joseph Weiss

UB Professor Samina Raja will be meeting with Director of Community Development James Callahan. Councilman Bylewski stated that he would like to see some type of time table to see how Dr. Raja is progressing.

Councilman Weiss stated that we received the quotes for the Town's excess liability limits. He will discuss this further with Town Attorney Bengart.

Councilman Weiss will announce the recent appointment of Margaret Walker and Dennis Londos to the Conservation Advisory Committee. Their terms will expire 12/31/07.

Councilman Bernard Kolber

Councilman Kolber will meet with the Concert Association to discuss a storage location for all their sheet music. Parks Crew Chief John Burns has indicated that the former Youth Center building is being used for storage of parks equipment. Next Thursday Councilman Kolber will do a walk-thru of the Thompson Road property.

Town Engineer Latona thanked Councilman Kolber for obtaining 30 loads of free fill for Memorial Park.

Councilman Patrick Casilio

Councilman Casilio displayed pictures of his duck pond in the Town of Newstead which like most ponds in the area is low because of the drought.

Councilman Casilio is working with Supervisor Hallock and Clarence Center Association finalizing street light locations in Clarence Center.

Town Engineer Joseph Latona

Town Engineer Latona presented proposed boundaries for the arboretum. Councilman Bylewski stated that he would like to see buffering between the conservation easement and where we may have further room for expansion for parking or building. Councilman Bylewski further commented that he wants to make sure the Town has access to what we need. Councilman Casilio did not want to land lock the library. Mr. Latona will discuss this further at the next Work Session.

A 9:00 AM Work Session is scheduled for November 7th as well as a 6:00PM meeting.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) E of the Open Meetings Law to discuss collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law), § 105(1) F matters leading to the appointment of a particular person and § 105(1) H proposed sale or lease of real property. 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 Councilman Bylewski, seconded by Councilman Kolber 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 24, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:34 P.M. Pledge to the flag was led by Councilman Joseph Weiss, followed by a prayer given by Pastor Mike Belt 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 minutes of previous meetings are not available at this time.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a Public Hearing for Wednesday, November 7, 2007 at 8:15 P.M. to consider the Preliminary Budget and Special District Assessment Rolls for the Town of Clarence for the year 2008. 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 Towns of Clarence and Newstead and the Village of Akron; and
          Now, Therefore, Be It
          RESOLVED, that a meeting of the Clarence Town Board duly held on Wednesday, October 24, 2007, the Town Board hereby agrees to sign onto the van program and continues to support Rural Transit Service Inc. for the 2008-2009 Community Development Block Grant year.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the official date for celebrating Halloween in the Town of Clarence is Wednesday, October 31st from 5:00 to 8:00 P.M.

Motion by Supervisor Hallock, seconded by Councilman Kolber to announce the opening for a full time position of Messenger in the Town. On the question, Supervisor Hallock said the opening will be posted for a 7-day period according to the Collective Bargaining Unit Agreement. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said, as announced in the Organization Minutes in January, the November and December Town Board meetings do not follow the regular schedule of second and fourth Wednesdays. The November meetings this year will be held on the 7th and 28th. The December meetings this year will be held the 5th and 19th.

Supervisor Hallock said it is the practice of the Town Board to announce motions that were passed at work sessions or special Town Board meetings.
          October 3, 2007 Work Session: a motion was passed authorizing the Supervisor to sign an agreement between the Preservation League of NYS and the Town of Clarence for a grant in the amount of $5,000 for costs associated with completion of an Intensive Level Cultural Resource Survey in the Town.
          October 18, 2007 Work Session: a motion was passed to authorize Supervisor Kathleen E. Hallock to sign an agreement between the Town of Clarence and Clinton Brown Company Architecture to provide an Intensive Level Survey of Historic Resources in the Town of Clarence for the Town.

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

Councilman Bylewski announced that the EMS Board is recommending entering into a contract with Twin City, which is currently providing ambulance services in the Town. Everything should be ready for approval at the next meeting.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed adoption of Stormwater Management and Erosion and Sediment Control Local Law and the Prohibition of Illicit Discharges, Activities and Connections to Separate Stormwater Sewer System Local Law. After thorough review of the draft laws and the completed Environmental Assessment Forms by the TEQR Committee and the Town Board, it is determined that the adoption of the draft legislation is consistent with local land use regulations and the comprehensive Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that the Erie County Dept. of Environment and Planning, in cooperation with the Niagara County Dept. of Economic Development are having joint training sessions for municipal officials. This is to help fulfill the planning continued education requirement. The session in Erie County will be held at the Eden Town Hall on Monday, November 26th with two sessions beginning at 5:30 P.M. The session in Niagara County will be held on Tuesday, November 27th.

Motion by Councilman Bylewski, seconded by Councilman Kolber to transfer funds from the Youth Department account A7310.438 - Utilities to A7310.250 - Building Improvements in the amount of $5,000 for the installation of a security alarm system and a fire alarm system for the Clarence Youth Bureau at 10510 Main Street. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he will be appointing Dennis Londos to the Conservation Advisory Council at the next meeting. He is now heading up the deer abatement program. If any landowners would like to have their land included in the program, they should send the request to the Town Hall.

Councilman Weiss said we had a meeting two years ago with the School Board and he asked why they were putting in additional parking lots. They said it was because of all the activities. He now sees cars parked all along Main Street every day. We are paying for bus travel and very few ride the bus because they all have cars. They need to reduce the bus service or require kids to ride the bus.

Councilman Weiss said a few weeks ago Margaret Walker was appointed to the Conservation Advisory Council. Her term will expire 12/31/07.

Motion by Councilman Kolber, seconded by Supervisor Hallock that the Town of Clarence requests the Erie County Water Authority to install a hydrant to be located near the property located at 5329 Green Valley Drive for which the Town agrees to pay the annual fire hydrant maintenance fee. The Town will be reimbursed for said annual fees pursuant to the terms and conditions of an Agreement between the Town of Clarence and Kent and Laurie Frey, the owners of the property located at 5329 Green Valley Drive. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Casilio to authorize the Supervisor Kathleen E. Hallock to sign an Agreement between the Town of Clarence and One Communications to provide telephone and data service to the Town subject to Town Attorney approval. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said that at the last meeting he made a request for a 4-way stop sign at Thompson and Greiner. Supervisor Hallock did send a letter to Erie County. The County has installed a 4-way stop at Thompson and Roll which seems to be working fine.

Councilman Kolber said the Clarence Concert Association is looking for a place to house their music library. He asks any business that may have space to offer as a contribution to the Concert Association would be appreciated.

Councilman Casilio said he is working with the Clarence Center Association on a design concept for decorative lighting in Clarence Center.

Councilman Casilio said the traffic safety trailer has arrived and is being tested on Goodrich Road. It records the amount of traffic and the rate of speed of the vehicles. It also tells people the speed and hopefully they are paying attention. We will be making that information available on our website. We are going to use it on Stahley Road to get a baseline on the traffic prior to the church being built.

Motion by Councilman Casilio, seconded by Councilman Bylewski to adopt the following resolution:
          RESOLVED, that the Clarence Town Board hereby adopts the tentative agreement between the Town of Clarence and the Civil Service Employees Association, Inc., Local 1000 AFSCME, AFL-CIO, Town of Clarence Blue Collar Unit of Local 815 for the period of January 1, 2007 to December 31, 2010 and authorizes the Supervisor to execute same.
          On the question, Councilman Casilio thanked Heather Giambra our attorney, Pam Smith, Highway Supt. Ted Donner, Parks Crew Chief John Burns and the Supervisor for helping to put this together. He feels it is fair for both sides.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Bylewski to authorize the Supervisor to sign a Permit Application for permission to furnish, install and maintain a 45 MPH Linear Speed Limit on Strickler Road (CR 269) between Lapp Road (CR 24) and Route 5 - Main Street (SH).
          On the question, Supervisor Hallock said we have been working on getting this speed limit reduced for a long time with Erie County Dept. of Public Works Traffic Safety. It is a County road, so we have to go through them.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said they were accepting applications for Assessor through October 19th and held interviews last week.

Public Participation

Susan Wickenhiser said she currently owns the property at 8710 Clarence Center Road. She submitted a letter to the Town Board and wanted to go over her concerns. The Planning Board made their recommendation on September 19th based on a different plan and subject to several conditions. The new concept plan changes the lot lines and private road configurations. She asked if it meets open development requirements and has the Planning Board reviewed this new plan.
          Mrs. Wickenhiser said that on October 11th site work began on the property without any approvals or permits. The Engineering Department did place a Stop Work Order on the site.
          She feels that the new plan conflicts with the Planning Board conditions. One item is #5 that states all vegetation on the perimeter of the site is to remain. The tree line is also to remain in place. The new configuration of the road and turnaround will cut into the perimeter of the property. The stacking of the houses behind each other is not in keeping with the neighborhood.
          Her major concern is the location and the distance of the 20 ft. driveway and the turnaround from Clarence Center Road. It will make a huge impact on her property. She thinks the turnaround should be placed closer to the two new homes for emergency vehicle purposes. She is asking that the Town not make any exceptions and follow other open development areas already in Clarence as to placement of the driveway.
          Ross Wickenhiser said the intent of open development is not to have two parallel driveways. If this is approved, it is totally different from what the Planning Board recommended for approval. Mr. Carollo has no respect for the laws of the Town of Clarence. All of his hardships were self-imposed when he split the property. He asked that the Town take everything in their letter under consideration.

A Public Hearing was held to consider entering into a contract in the amount of $739,400 with Clarence Center Vol. Fire Company for fire protection for the year 2008.
          Terry Dickinson, Jr. President said he is pleased with the contract. They will be able to continue the level of service for the citizens of their district and members as they go into their 100th year.
          Councilman Bylewski said they had discussion in the work session including the monument for Williams Hall which should go up in the next few weeks. Mr. Dickinson said they are just waiting for delivery.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that they have one resolution for all of the fire company contracts. Each public hearing will be held first.

A Public Hearing was held to consider entering into a contract in the amount of $262,327 with East Amherst Fire Department for fire protection for the year 2008.
          Ken Rusin, President said it is a pleasure to deal with the Town of Clarence. It is always a professional endeavor and he thanked the Town Board for the service they do.
          Councilman Bylewski said during the discussion in the work session they talked about a multi-year contract with the Town. It was approved in the Town of Amherst.
          Councilman Bylewski said we will approve the one year contract tonight. They will provide us with a proposed contract for the 3-year agreement to be reviewed by our Town Attorney. Mr. Bengart said we will have to hold another hearing to approve the additional years.
          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.

A Public Hearing was held to consider entering into a contract in the amount of $745,000 with Harris Hill Vol. Fire Company for fire protection for the year 2008.
          Garry Soehner, Treasurer said the demands on their services went up dramatically this year to over 800 calls. They have also experienced increases to their budget for service contracts, utilities, and physicals for members, fuel and accounting services due to new requirements. They believe they can offset it from interest revenue and from paying down their mortgage. It should show a decrease per $1,000 of assessed value.
          Supervisor Hallock said she would like to consider the contract in the amount of $745,585 after meeting with Mr. Soehner about the details.
          Councilman Casilio said he would like to see their utility costs with having a green building. Mr. Soehner said he just responded to a survey from the US Green Building Council who is doing the comparisons for them. He will forward that on when he receives it.
          Councilman Kolber asked if they received any of the grants. Mr. Soehner said they did receive one that was used to help pay down the mortgage.
          With no one else speaking to the subject, motion was made by Councilman Kolber, seconded by Councilman Casilio to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a contract in the amount of $36,750 with Rapids Vol. Fire Company for fire protection for the year 2008. Supervisor Hallock said she spoke with Mr. Ast earlier this week and he is unable to be here.
          With no one speaking to the subject, motion was made by Councilman Casilio, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a contract in the amount of $200,631 with Swormville Vol. Fire Company for fire protection for the year 2008.
          John Gallagher, President thanked the Town Board for all of their support in the past. They are also considering a 3-year contract and have submitted a contract for review.
          Supervisor Hallock said they have asked the other fire companies to consider the 3-year contracts. Councilman Bylewski added that it is a result of the budget meetings they had with the budget representatives from the fire companies.
          Mr. Gallagher said they also have been approved for a 3-year contract with Amherst.
          With no one else speaking to the subject, motion was made by Councilman Bylewski, 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 Kolber to adopt the following resolution:
          RESOLVED, that after pubic hearings duly held on October 24, 2007 and after all interested parities having been heard, the Clarence Town Board agrees to enter into contracts with the following fire companies for fire protection in the Town of Clarence for the year 2008:

Clarence Center Volunteer Fire Company in the amount of $739,400
          East Amherst Fire Department Inc. in the amount of $262,327
          Harris Hill Volunteer Fire Company in the amount of $745,585
          Rapids Volunteer Fire Company in the amount of $ 36,750
          Swormville Volunteer Fire Company in the amount of $200,631

On the question, Councilman Bylewski said even though Swormville and East Amherst asked for 3-year contracts, we will have to have separate public hearings.
          Councilman Casilio thanked all of the fire companies for their services. All combined, they had over 3,000 calls, not including the drills and training that they have to do. It is a great service that they provide.
          Councilman Weiss said he would like them to include in their future planning that there are less fires and more need for health care situations and how we could address them.
          Councilman Bylewski thanked them all for their services this past year, especially in light of the October storm and the relationship we had with them and how it was handled.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to provide an opportunity for citizens 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 Community Development Block Grant Program is a U.S. Department of Housing and Urban Development grant program designed to benefit persons of low to moderate income. The Town of Clarence, as a member of the Erie County Consortium of Local Governments is eligible to compete for grants under the program as administered by the Erie County Dept. of Environment and Planning. The purpose of this public hearing is to determine needs within the community that may be eligible for funding under the program.
          Supervisor Hallock said the Town has received Community Block Grant funding from the program in the amount of $180,000, most recently for sewers and sidewalks in Clarence Hollow. We also have received funding previously for handicap accessibility for town-owned buildings including electronic door actuators for the Town Hall and Library. A ramp, handicap parking and lavatory were funded at the Gerber Library used by the Clarence Historical Society for genealogical research and activities.
          Speaking to the subject:
          Joseph Latona, Town Engineer suggested a project for consideration would be handicap accessible doors for the town-owned American Legion building on Goodrich Road. Councilman Bylewski added handicap parking at the Legion Hall also.
          Supervisor Hallock spoke in support of the Rural Transit Service for the CDBG funding. Rural Transit is a non-profit transportation service for eligible residents for shopping, human services and employment with highest priorities given for medical and health services. The van is housed at the former Water Department building and shared with the Town of Newstead. Supervisor Hallock said she has served as Chairman of the Advisory Committee and knows that it is a very valuable service.
          James Callahan said a thought was to pursue economic development funding under this program. The Roll Road Industrial Park has conceptual approval for an industrial business park along Roll Road and as an extension of Harris Hill Road. It has also received a Negative Declaration under SEQR in terms of identifying any significant environmental impacts. The project sponsor is applying for industrial access funding through the New York State Dept. of Transportation to cover a portion of the road extension. It is suggested that the CDBG funding could be used to help fund a waterline along that extension of road. The waterline would go to the purpose of CDBG funding for the creation of jobs in an industrial business development.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          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 Town advertised for a public hearing 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, said public hearing was conducted at a duly convened meeting of the Clarence Town Board on October 24, 2007 at 8:10 p.m. at the Clarence Town Hall in the auditorium; and
          WHEREAS, the Clarence Town Board has considered and reviewed the information received at such public hearing, as well as suggestions otherwise received for such projects for which Community Development Block Grants may be sought.
          NOW THEREFORE BE IT
          RESOLVED, that at a meeting of the Clarence Town Board duly convened on Wednesday, October 24, 2007, 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, and/or the appropriate Town officials to make application for Community Development Block Grants for the upcoming year for the following projects:
          1. Handicapped accessible renovations, including the parking lot, to the Town- owned American Legion building located at 5850 Goodrich Road in the Town of Clarence;
          2. Waterlines in support of economic development efforts to encourage job creation at the Roll Road Industrial Park;
          3. Rural Transit Services, Inc. for low to moderate income residents, seniors and persons with disabilities; be it further
          RESOLVED, that the Clarence Town Board hereby directs and authorizes the Supervisor to sign, submit and execute a contract with Erie County Community Development Block Grant program upon approval of funding.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Chris Carollo requests Concept Plan Approval and a Fill Permit for a Two-Lot Open Development Area at 8720 Clarence Center Road. James Callahan said the property is located on the north side of Clarence Center Road west of Shimerville Road consisting of approximately 4.5 acres in the Residential Single Family Zone. The Planning Board has recommended Concept Approval with conditions.
          Christopher Carollo said he would like to address some of the comments regarding this project. Perception is a funny thing. The changes to this plan have evolved from suggestions made by the Planning Board and Engineering Department. It has been a 5 to 7 month uphill battle. There have been less than three loads of 18 cu. yds. of topsoil brought on to the property. On October 7 & 8 he talked to Engineering about a fill permit and brought in the proper paperwork. He left the country and had his contractors proceed. The permit was not approved on October 10th and a Stop Work Order was placed on October 11th. He was going on verbal approval from Engineering. There was a lack of communication.
          Mr. Carollo said the two requests should have been separated. They were commingled and everything was tabled. He thought he was going to get the Fill Permit because everything was in order with Engineering.
          Mr. Carollo said every time he makes a change, the Wickenhisers are not happy. At one time he offered to buy the property back. All he wants to do is build two homes on 4.5 acres. He feels that a lot of his time is being wasted. He lost the opportunity for fill which will now cost him a lot more money. There was no reason that the Fill Permit was not granted on October 10th.
          Councilman Casilio asked if he removed any trees. Mr. Carollo said he has not. The only trees he brought to the front of the property were from the storm last year. The Town has picked them up.
          Councilman Weiss asked Town Engineer Latona if that is the chain of events as stated. Mr. Latona said pretty much, yes.
          Mr. Carollo said he had to achieve the 2-acre minimum requirement. He would make the lots more traditional if he was granted an exception. He had to look at the law and make the plan. That does not mean it is the best plan. Mr. Carollo said that is where he disagrees with the Town. The rules should be used as a guide.
          Councilman Bylewski asked if he is lining up the turnaround with the Wickenhiser's property. Mr. Carollo said it lines up with their garage. He was directed by the Town Engineer that the common road to the cut had to be on the property line. If anyone used the turnaround, the lights would shine on her garage and not her house.
          Councilman Kolber said the length of the driveways from the houses to the turnaround does not make sense. Mr. Carollo said he is just giving an idea of how it is to be laid out. Councilman Kolber suggested moving it back further to reduce the length of driveway. Mr. Carollo said he has to put in 330 ft. of a 20 ft. private road to the turnaround. The Wickenhiser's never thought about the impact on him. They could have faced their house the other way or put the driveway on the other side of their house. He believes he also has rights as a property owner.
          Councilman Casilio said he originally wanted to build a carriage house and now he is telling us that it is a house. Mr. Carollo said that is how it started out and then after they went to the Planning Board changed it to a house. No matter what he does there is a problem.
          Councilman Kolber said the issue was building the carriage house or accessory building prior to the primary building. His concern is that they bought the lot based on the original design that he came in with. Now they are building their house and there is going to be a house right behind them. Mr. Carollo said things change.
          Councilman Casilio asked Mr. Callahan if this was the same plan that the Planning Board based their recommendation on. Mr. Callahan said it is very similar, except for the driveway.
          Town Engineer Joseph Latona said the driveway and turnaround are still an issue. The law does not state the location for the turnaround. It is still basically undecided unless the Town Board agrees to what is presented tonight.
          Councilman Bylewski said if we granted concept approval tonight, does it include that the driveway must be as shown. James Callahan said it could change unless it is a condition.
          Mr. Carollo said when you try to follow the laws without any exceptions; this is what you end up with. Councilman Kolber said the only one that can do that is the Zoning Board of Appeals.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Concept Approval to the applicant, Chris Carollo for a 2-Lot Open Development Area located at 8720 Clarence Center Road, subject to the following conditions:
          1. No further site development including but not limited to dumping, filling, excavating and grading be done until the final development plan is authorized by the Town Board.
          2. Landscape approval.
          3. Development Plan must verify that at least 100 feet of separation between the entrance of 8720 Clarence Center Road and the proposed driveway to the west at 8710 Clarence Center Road; the measurement to be made edge to edge at the curb.
          4. There will be no pond on the site.
          5. Development Plan dimensions must verify a minimum of 2.0 acres per lot.
          6. All natural vegetation on the entire perimeter of the property is to remain in place.
          7. The tree line is to be maintained and protected during construction.
          8. Both homes will be subject to Open Space and Recreation fees.
          9. Applicant to submit for Town Attorney approval, a Driveway Access and Maintenance Agreement to be recorded in the Erie County Clerk's Office and to run with each lot in perpetuity.
          10. Development plan to include light fixtures.

On the question, Supervisor Hallock asked Mr. Carollo if he understands the conditions. Mr. Carollo said he does not understand why he is being subjected to landscape review. Supervisor Hallock said they can make sure that all of these conditions are being met.
          Councilman Casilio suggested adding no driveway lights as a condition. Mr. Carollo said it is a 500 ft. driveway. Councilman Casilio said the concern is pole lights all the way down the driveway shining on the neighbor's house. Mr. Carollo said they would be small pedestal lights to mark the driveway for snowplowing and access.
          Town Engineer Joseph Latona suggested including light fixtures to the development plan showing the size of the fixture.
          Councilman Bylewski said we are not approving light fixtures. We are asking that they be shown on the development plan. Mr. Carollo said they would be 3 to 4 foot lights that would shine down.
          Town Engineer Latona said the turnaround is a requirement of the law for emergency purposes, but it is silent on where it should be. It must be on the common part of the road.
          Councilman Kolber said item 6 is very vague and provides no width to the buffer. How do you do that without parameters; and the same for item 7? Town Attorney Bengart said he believes that is why landscape approval is included.
          Mr. Carollo said they want to leave all of the trees that are up. The only problem they may have is with the second house some foliage may have to come down. They want a natural barrier. There is no need to cut anything now. He will work with his engineer to minimize affecting the trees.
          Town Engineer Latona said they were talking about moving the turnaround more north closer to the houses and away from the trees that he is talking about. The Town Board's decision on where it should go is critical to the development plan. Councilman Kolber said he would like it moved back even with the back of the Wickenhiser's property. Mr. Carollo said this would change the plan again because the property lines were moved to accommodate it. He needs to achieve two acre lots. Mr. Latona said the property lines do not have to be moved. The Town Attorney has come up with a proposal for the common driveway that will not take away property. Mr. Bengart said he looked at a driveway maintenance agreement. There was further discussion regarding the different options for the turnaround and the private drive.
          Upon roll call – Ayes: Councilmembers Casilio, Bylewski, and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.

Dr. Altman requests Development Plan and Architectural Approval for a new medical office building at 8421 Sheridan Drive.
          Councilman Casilio said he is recusing himself from this item. His disclosure form is on file.
          James Callahan said the location is the south side of Sheridan Drive, west of Harris Hill Road consisting of approximately 1.39 acres zoned Restricted Business. A Negative Declaration was issued and the Planning Board forwarded a recommendation with conditions.
          Phil Silvestri, architect and Dr. Altman were present. Mr. Silvestri said they have received all prior approvals from required agencies.
          Supervisor Hallock read all of the conditions and asked if the applicant is in agreement and they said yes.

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, Dr. David Altman, for Development Plan and Architectural Approval for the construction of a Medical Office Building located at 8421 Sheridan Drive subject to the following conditions:
          1. Commercial Open Space Fees.
          2. Town Engineer approval.
          3. Landscape Committee approval that all conditions recommended by the Committee are satisfied.
          4. A privacy Screen to be located on the east property line per Landscape Committee approval.
          5. Lighting to be controlled so that the lights are not on at night and lighting shall be screened to reduce impacts to adjoining properties per Landscape Committee approval.
          6. Dumpster to be emptied during regular business hours.
          7. Not to exceed 35 parking spaces.
         

No parking in front of building.
8.           Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Cimato Enterprises requests Preliminary Concept Review of a proposed incentive lot subdivision north of Greiner Road, east of Shimerville Road (Northbrook Meadows Subdivision). James Callahan said the property consists of approximately 120 acres zoned Residential Single Family.
          Sean Hopkins, attorney, Anthony Cimato and Fred Cimato were present. Mr. Hopkins said based on a comprehensive analysis of the property the applicant has chosen to go with incentive lots. The minimum lot size is reduced from 20,000 sq. ft. to 15,000 sq. ft. The minimum size of the lots on this plan is 17,250 sq. ft. and range up to 40,000+ sq. ft. According to the Town Code they are required to preserve 25% of the entire project site for open space. They are showing 15% more than required.
          Mr. Hopkins said they have tried to design around environmental features. There is a 50 ft. permanent conservation easement along the Gott Creek tributary on both sides. The impact on the wetlands is very minimal. He asked that they be referred to the Planning Board.
          Councilman Bylewski said previously, there was an open space design that the Town Board referred to the Planning Board. He is assuming the applicant is taking that design off the table. Mr. Hopkins said that is true.
          Councilman Bylewski said according to section 229-106 the purpose of the open space design overlay states that the Town Board, at its discretion, may direct an applicant to pursue open space design development if, in the judgment of that Board and the Planning Board, its application would benefit the Town. For example, if a standard subdivision is proposed in an area containing important lands, such as, green space, woodlands, significant views, prime farmland, etc., the Town may direct an applicant to pursue an open space design to preserve as much of these features as possible. Councilman Bylewski said that is why it was directed as an open space design to begin with.
          Mr. Hopkins said they did pursue that, but there was a large discrepancy between what the Town believed to be a density determination and what they believe is the density determination based on the zoning code at that time. He asked that the Board looks back at all the criteria just mentioned. All of those things are being accomplished with this plan.
          Councilman Bylewski said an open space design would accomplish that also. The Town Code states that the Town may direct.
          Mr. Hopkins said he believes that a Town cannot require an applicant to only submit an open space plan. If that is the case, then what is the purpose of an incentive lot design or a traditional subdivision? His client has made many concessions and they are trying to accomplish what the Town is envisioning in terms of new residential subdivisions.
          Councilman Casilio said there are lots right up against Greiner Road and we are specifically asking for a 200 ft. buffer. Mr. Hopkins said they know that is an issue that they will have to address. He believes there is a provision in the Subdivision Law. The plan includes public infrastructure.
          Councilman Casilio said he is saying this is in compliance, yet there are lots up against Greiner Road. Mr. Hopkins said there will be comments coming out of the process and when it comes back from the Planning Board, there will be a consensus. Councilman Casilio said it may have been easier to refer the project if there was not a blatant area in question.
          Councilman Bylewski said it comes back to the original issue and maybe it does need to go through litigation for that determination and maybe that is why it has been brought before us. Mr. Hopkins said no, his client just wants a subdivision.
          After having spoken with the department heads and legal counsel, motion was made by Councilman Bylewski, seconded by Councilman Weiss to deny the request of the proposed incentive lot subdivision north of Greiner Road, east of Shimerville Road based on the fact that it is not the open space design, as well as all of the significant land features stated previously in the prior application, including the 200 ft. setback issue as proposed with public infrastructure. On the question, Councilman Casilio said he wished that it was a little closer to what they were looking for. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio said he is recusing himself from item 20 and his disclosure form is on file.

Cimato Enterprises requests Preliminary Concept Review of a proposed incentive lot subdivision on the west side of Newhouse Road, north of Roll Road (Newhouse Road Subdivision). James Callahan said the property consists of approximately 55+ acres zoned Residential Single Family.
          Sean Hopkins said they are proposing incentive size lots of 16,500 sq. ft. or greater with this plan. The open space portion is 15.27 acres subject to a permanent conservation easement. The easement will be presented to the Town Attorney prior to recording at the Erie County Clerk's office. They are looking at what portions of this site are potentially environmentally sensitive. They show large expanse of greenspace along the Gott Creek corridor. The Creekwood Meadows project site is to the south and the permanent greenspace will be contiguous to that.
          Mr. Hopkins said the plan shows residential lots along the frontage. He asked the Board to look at the character of that area. He referred to the Subdivision Law with regard to the 200 ft. requirement. It states that the intent is to preserve and protect the existing public view. There are residential lots directly across the street. They originally wanted to extend the cul-de-sac so it would approach closer to Newhouse Road, but they would have had double frontage lots. There are many instances with the Zoning and Subdivision Laws where there are contradictory rules and objectives. He believes they are going way out on a limb to say every project in Clarence has to be open space design.
          A representative from Greenman Pederson explained the boundaries of the site. The northern boundary is the driveway to the horse stables and the southern boundary is mostly brush. The most sensitive area is along the creek corridor which they propose to preserve.
          Councilman Kolber said they could not do much else with the wetland area. Mr. Hopkins said it is not entirely wetlands. They are trying to do what the code asks for.
          Councilman Bylewski said the last project was referred to the Planning Board with an open space design. There was the opportunity to explore the issues of the woodlands significance. This is the first time we have seen this project. While they may disagree with the Zoning Code, it states that we may direct an applicant to pursue an open space design to preserve as many land use features as possible.
          Motion by Councilman Bylewski to refer the request by Cimato Enterprises for a proposed incentive lot subdivision on the west side of Newhouse Road, north of Roll Road to the Planning Board for further review as an open space design and not to be placed on a Planning Board agenda until the open space design plan is submitted. On the question, Supervisor Hallock identified sewer capacity as an issue for review, 200 ft. setback and the recreation space requirement. Councilman Bylewski said there are also horse stables to the north of the site presenting right-to-farm issues. Consideration must be made to the potential impacts to the farming operation. Mr. Hopkins said if this is being referred as an open space design he would prefer that it also was denied. Upon roll call – Ayes: Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Clarence High School Cross Country Team – Nov. 8, 2007; B. Clarence Chamber of Commerce – Dec. 11, 2007; Legion Hall Applications - A. Lou Bruno – Oct. 28, 2007; B. Louise Hannon – Nov. 4, 2007; C. Vanita Calzi – Nov. 9, 2007; D. Leon Weitz – Nov. 18, 2007; E. Sheridan Hill School Faculty – Dec. 12, 2007; F. Sherrie Akiki – Dec. 14, 2007. On the question, Councilman Bylewski said many members of the Town Board are involved in various organizations of the Town; however this is ministerial, so he will be voting. 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 18, 2007 are approved for payment: General Fund - $906,789.29; Highway Fund - $118,131.46; Water District - $32,837.57; Drainage District - $114,076.09; Lighting Districts - $990.78; Sewer Districts - $5,156.25; Capital Fund - $834,581.40; and Trust & Agency 203 - $5,945.97 for a total amount of $2,018,508.81. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said "For the Good of Town"; everyone should get out to vote on November 6th.

There being no further business, Supervisor Hallock adjourned the meeting at 9:20 P.M. in memory of Julie Hoffmeister who passed away last week. Julie worked as a part-time clerk in the various Town departments and she will be missed. Councilman Bylewski asked that we also remember Bob Blemel and Ed Zimmerman.

Nancy C. Metzger
Town Clerk