11/28/07


A Work Session of the Clarence Town Board was held on November 28, 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.

Director of Community – James Callahan

Public Hearings:

  • Staybridge Suites Hotel – 8005 Sheridan Drive
    A Public Hearing is scheduled for 7:50 P.M. to consider a Special Exception Use Permit for a structure over 50,000 sq. feet at 8005 Sheridan Drive for Staybridge Suites Hotel. The proposed site is located on the southeast corner of Transit Road and Sheridan Drive in a commercial classification. The Planning Board has forwarded a recommendation on the Concept Plan with conditions.
  • Master Plan 2015
    A Public Hearing is scheduled for 8:10 P.M. to consider amendments to Master Plan 2015 regarding Sewer Expansion priorities. The draft plan as prepared by the Planning Department is to prioritize future sewer capacity use within the Town of Clarence and incorporate priorities into Master Plan 2015.

Agenda items:

  • Benderson Development 9289 and 9465 Main Street
    Benderson Development is requesting approval to clear two sites of mostly brush on Main Street at Goodrich Road and another open lot on Main Street next to Maria Pacenzia 9271 Main Street. The existing vacant lands containing 12.7 +/- acres (9289 Main St.) and 2+/- acres (9465 Main St.) - both properties are zoned Commercial. Applicant is proposing to clear properties for marketing/development purposes. Councilman Casilio stated that his main concern is that the trees are not taken down. Councilman Bylewski stated that if the applicant did not have a plan for further development he suggested the Landscape Committee review and a tree survey submitted. If buildings are going to be torn down, it would have to be reviewed by the TEQR Committee. There are also concerns about state wetlands on the property.
  • Ron Kimmel - Synergy 8481 Sheridan Drive
    Applicant is requesting approval to expand his parking lot to the side and rear of existing business. The proposed site is located on the south side of Sheridan Drive, west of Harris Hill Road on 1.1 acres in the Commercial Zone.

Work Session items:

  • Roll Industrial Business Park-Buffalo Filter
    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. The applicant has not submitted all details so this project may not be ready for the next Town Board meeting.
  • Essex Homes/Shadow Woods north of 6440 Goodrich Road
    Applicant is proposing an Open Space design subdivision with a maximum density of 64 lots. The proposed site is located on the west side of Goodrich Road, north of Pine Breeze Subdivision on existing vacant land consisting of 69+/- acres in the Residential Single-Family Zone. The Planning Board has forwarded a recommendation on the density with a maximum of 54 lots in Phase I and a maximum of 10 lots in Phase II. The Planning Board has concerns with wetland encroachment.
  • Benderson Development 5965 Transit Road
    Applicant is proposing a mixed use commercial building with associated parking. The existing vacant land consists of 3.08+/- acres in the Major Arterial Zone. The Planning Board has forwarded a recommendation on the development plans with conditions. Engineering and Landscape approvals are on file.
  • Norm Castine 7060 Goodrich Road
    Applicant requests an amendment to previously approved Open Development area to reduce the previously approved 100' buffer area. The applicant has twice asked the Town Board to reduce the buffer and the Town Board has twice denied the request. The previously approved Open Development area was approved with the condition of maintaining a 100' green buffer adjoining existing residential uses along Goodrich and Martin Road.
  • Roger Czarnecki Willow Lake Drive
    Applicant is seeking approval for creating a total of 7 residential building lots on the 12 acre site. The proposed site is located on the north end of Willow Lake Drive between Thompson Road and Old Goodrich Road. The existing vacant land formerly proposed for a major subdivision. The applicant has split two residential building lots off the Thompson Road frontage. The Town Board may consider the splits as proposed. The proposed splits do not create any new public infrastructure and reduce the potential number of lots as previously submitted by the applicant.
  • West-Herr Automotive Group – Eastern Hills Mall 4545 Transit Road
    Applicant is seeking approval to extend the existing Temporary Conditional Permit through 2008 to allow vehicle storage in the Eastern Hills Mall parking lot.
  • Dunkin Donuts 9430 Main Street
    Applicant has submitted a revised site plan addressing all issues raised by the TEQR Committee and Planning Board and is now seeking Development Plan and Architectural approval on the project. The proposed site is located on the north side of Main Street, west of Goodrich Road in the Commercial Zone. Previously a Special Exception Use Permit was approved allowing the drive thru/restaurant on 1.5+/- acres in the Commercial Zone.
  • Pony's Restaurant 9980 Main Street
    Applicant requests a Change in Use to bar and grill and building permit for a small addition. The proposed site is located on the north side of Main Street, east of Kraus Road (formerly Berrafato's).
  • Gallagher Printing 9185 Main Street
    Applicant requests a building permit and architectural approval for a 40' x 20' addition to existing printing shop.

Supervisor Kathleen Hallock

Supervisor Hallock received a copy of the National Flood Insurance Program Regulations from FEMA from October 2002. The cover letter was dated November 26, 2007.

Supervisor Hallock will make a motion approving the sale of a portion of 6221 Goodrich Road.

Supervisor Hallock will make a motion appointing Garry Soehner, Treasurer of the Harris Hill VFC as Hearing Officer for the purpose of conducting a Public Hearing regarding the financing for purchase of firefighting equipment, namely a pumper truck.

December meetings are scheduled for December 5th and December 19th. A meeting is scheduled for November 29th at 1PM to discuss Organizational Meeting items. Interviews are scheduled beginning at 2PM for Planner applicants.

Supervisor Hallock sent out the final draft of the CIP (Capital Improvement Plan) for 2007 to the CIP Committee. If there are no changes, it will be distributed to the Town Board next week.

Supervisor Hallock will respond to the letter from Amherst Supervisor Mohan.

Supervisor Hallock received a letter from Judy Hilburger and Linda Rizzo thanking the Town for fixing the hot water problem at the Library.

At the November 7th Supervisor Hallock received a request from Assemblyman Michael Cole asking the Town Board pass a resolution in opposition to Governor Spitzer legislation allowing illegal aliens the right to obtain a drivers license. It appears that it is no longer an issue so the Board does not have to go forward with a resolution supporting Michael Cole's position on driver's license.

Supervisor Hallock will make a motion for the transfer of funds.

Supervisor Hallock received an e-mail from Harris Hill Association thanking the Board for the better situation at Sunset Park this year during football season. Supervisor Hallock responded that she was sure the Board would stay on top of it next year. She also read the e-mail at the Recreation Advisory Committee meeting and strongly suggested that they also pay attention to Sunset Park next year.

Supervisor Hallock has a proclamation she will read during her report.

Supervisor Hallock has several items to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski has a correction to the minutes.

Councilman Bylewski will make a motion authorizing the Supervisor to sign the Three (3) Year Fire Protection District Agreement and Contract between the Town of Clarence and the East Amherst Fire Department and the Swormville VFC for 2008 – 2010 subject to Town Attorney review and approval.

Councilman Bylewski will announce openings on various boards/committees. Applications must be turned in by the end of business, December 6, 2007.

Time Warner has officially notified the Town of Clarence of a rate increase as of February 1, 2008.

Upon recommendation from Co-Recreation Director Cliff Trapper, Councilman Bylewski will appoint Winter Recreation staff for the 2007-2008 season at the budgeted rate for Winter Recreation Supervisors.

The TEQR Committee is recommending the Town seek Lead Agency regarding the Rubino Subdivision.

The TEQR Committee is recommending a SEQRA Public Hearing on the proposed Spaulding Greens Open Space Design Subdivision.

Councilman Bylewski will make an appointment to the Historic Preservation Committee. The person applying for the position is an attorney.

Councilman Joseph Weiss

The deer nuisance permit process is underway.

Highway Superintendent Ted Donner is requesting a transfer of funds from Road Account to Fuel Account in the amount of $35,000.

Town Engineer Joseph Latona is requesting a transfer of funds for the payment of the electrical work and RPZ and expansion tank for the Youth Bureau in the amount of $752.00.

Councilman Weiss has one item to discuss in Executive Session.

Councilman Bernard Kolber

Councilman Kolber will set a Public Hearing for December 19, 2007 to consider the request of People Inc. to establish a Group Home at the premises located at 8161 Clarence Center Road. There was some discussion regarding People Inc. paying for fire service. Councilman Kolber has notified the Group Home Committee and a meeting date is being scheduled.

Councilman Kolber will appoint Frank Cirillo to the Assessment Review Board; his term will expire September 30, 2012.

The Clarence Library is hosting a Christmas Concert.

The Clarence Library is looking for input as to how to make the library more “user friendly." A “suggestion box" will be made available for input from customers.

There is an opening on the Library Board.

Councilman Kolber spoke to Michael Ranzenhofer regarding positions at the County level that this Board would like to see remain in place after the new County Executive Chris Collins takes office. Mike Ranzenhofer suggested the Town Board submit a letter to Mr. Collins and his transitional team identifying the individuals that this Board has had very good experience working with. Mr. Ranzenhofer said he would also lobby on the Town's behalf.

Councilman Patrick Casilio

Councilman Casilio will announce the resignation of William Emerson effective November 19, 2007. There are two openings for Park Security.

Town Attorney Bengart is working with NYSEG regarding easements for street lights in the Harris Hill area.

Councilman Casilio has been reworking the specs for the security cameras. A RFP was sent out but because of the time table and the complexity of the specs, no bids were submitted.

Traffic Safety is reviewing the request for a traffic signal at the entrance to Eastern Hills Mall off of Sheridan Drive.

Councilman Casilio has two items to discuss in Executive Session.

Town Attorney Steven Bengart

Town Attorney Bengart received a report from Professor Samina Raja along with a bill for her next payment.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105 (1) F of the Open Meetings Law to discuss the employment history of a particular person, matters leading to the appointment of a particular person; § 105(1) D discussions regarding pending litigation regarding People vs. Frey and Marinaccio vs. Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

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

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Casilio to adjourn the Executive Session at 7:27 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, November 28, 2007 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:30 P.M. Pledge to the flag was led by Councilman Patrick Casilio, followed by a prayer read by Supervisor Hallock.

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 Chair Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held October 10, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held October 24, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to approve the minutes of the previous morning work session held November 7, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Weiss to approve the minutes of the previous meeting (budget) held October 11, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held November 7, 2007. On the question, Councilman Bylewski said on page 413 under his report, it should say he will resign as Councilman. Supervisor Hallock had a change on page 415, Town Engineer Latona said Stormwater II deals with discharges of surface waters. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held November 8, 2007. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to approve the following transfers of funds in the General Fund and the Capital Fund: $2,000 to 1.1355.434 Professional Services from 1.1355.1 Personal Services; $7,600 to 1.3120.220 Speed Trailer from 1.5010.1 Personal Services; and $72,000 to 16.16.201.92 Equipment from 1.1990.4 Contingency. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          I, Kathleen E. Hallock, Supervisor of the Town of Clarence, do hereby appoint Garry Soehner, Treasurer of the Harris Hill Volunteer Fire Company, Inc., as Hearing Officer for the purpose of conducting a Public Hearing pursuant to Section 147 of the Internal Revenue Code and related sections, said public hearing shall be held at the Harris Hill Volunteer Fire Company, Inc. located at 8630 Main Street, Clarence, New York 14221 on December 17, 2007 at 7:00 p.m. regarding the financing, in the maximum principal amount of $150,000, for the purchase of certain firefighting equipment, namely a pumper truck, to be housed at the firehouse facility.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced that the Town Board, with regret, has accepted the resignation of Robert Dickinson from the position of laborer effective December 31, 2007.
          Bob's retirement creates an opening for the laborer position in the Town Hall. According to the provisions of the White Collar contract, the position will be posted for 7 days. Applications can be downloaded from our website and will be accepted through December 14th.

Supervisor Hallock announced that as stated in the Organizational Minutes last January, the December meetings will be held December 5th and 19th.

Supervisor Hallock said the Bicentennial Banner Committee has announced the third and last opportunity to sponsor a banner commemorating the Town's 200th Birthday. There are now over 200 banners installed throughout the Town. The last day to order a banner will be December 31, 2007 so that they can be installed in the beginning of 2008. The banners will remain up until December 31, 2008. The sponsorship fee is $250 and may include business or family information. Sponsors can pick the town road that they would like their banner displayed on. Applications are available at the Town Clerk's office or by emailing Tim Pazda at pazda@roadrunner.com. For additional information you can contact Sharon Barker at 759-6123.
          The Bicentennial Banner Committee is grateful to Ted Donner and the Highway Department, as well as John Burns and the Parks Department for the assistance in displaying the first and second round of banners.
          For more information about the Bicentennial Year activities the website is www.clarencebicentennial.com.

Supervisor Hallock called Howie Johnt, who is retiring, to come forward to receive a proclamation in honor of his years serving the Town of Clarence. The Town Board recognized Mr. Johnt for his dedication to the Town of Clarence as an employee for over 50 years, as a volunteer and concerned citizen and honored his service by proclaiming November 28, 2007 as “C. Howard Johnt Day" in the Town of Clarence.
          Supervisor Hallock said Howie's involvement included the Recreation Department, sports leagues and Recreation Advisory Committee. He has been an asset to the Town and will be missed.

Councilman Bylewski announced that there is an opening on the Town Board, as well as various committees and boards. Anyone interested in serving should submit an application by the close of business on December 6th.

Motion by Councilman Bylewski, seconded by Councilman Casilio to authorize the Supervisor, Kathleen E. Hallock, to sign the “Hearing Officer Appointment" documents designating Garry Soehner, Treasurer of the Harris Hill Volunteer Fire Company, Inc., as Hearing Officer to conduct a public hearing, pursuant to Section 147 of the Internal Revenue Code, and related sections, to be held at the Harris Hill Volunteer Fire Company, Inc. located at 8630 Main Street, Clarence, New York 14221 on December 17, 2007 at 7:00 p.m. regarding the financing, in the maximum principal amount of $150,000, for the purchase of certain firefighting equipment, namely a pumper truck, to be housed at the firehouse facility.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said we received a notification from Time Warner Cable of price readjustments to their services effective February 1, 2008. This information is available in the Town Hall.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint the following as Winter Recreation Supervisors for the 2007-2008 season at the budgeted rate of pay: Maria Biel, James Ferguson, Ronald Kiener, Greg Riggio and Paul Zoratti. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, the Town Board seeks Lead Agency status and commences a coordinated review among involved agencies on the proposed Rubino Subdivision. This Type I Action involves the development of a 44-Lot Open Space Design Subdivision at the southwest corner of Clarence Center and Shimerville Roads. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the TEQR Committee and pursuant to Article 8 of the Environmental Conservation Law, to establish a SEQRA Public Hearing on the proposed Spaulding Greens Open Space Design Subdivision Draft Supplemental Environmental Impact Statement (DSEIS). After accepting the DSEIS as complete, the TEQR Committee is recommending that the Town Board establish a public hearing for December 17, 2007 at 7:00 P.M. to accept further public comment on the proposed draft. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski said the Historic Preservation Commission has a vacancy to be filled by an attorney. There is an applicant for the position and they have a meeting scheduled for Monday. Normally the appointment would be made at the next Town Board meeting. The Town Board has agreed to forgo that since this is the only applicant for the vacancy.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint Thomas Steffan as a member of the Historic Preservation Commission with term to expire 12/31/2009. Upon roll call – Ayes: All; Noes: None. Motion carried. Councilman Weiss reported that the deer abatement program is underway. He thanked Dennis Londos who is heading up the project and working with the DEC. He also thanked Krehers for donating the corn. The project is going well.

Motion by Councilman Weiss, seconded by Supervisor Hallock to approve the following transfer of funds in the Highway Fund: $35,000 from 002.5110.0413 Road Account to 002.5110.0416 Fuel Account. On the question, Councilman Weiss said this is reflective of the increase in the cost of fuel that we are experiencing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to authorize the transfer of $752 from account A 1440.432 to account A 7310.250 for the payment of electrical work and RPZ and expansion tank for the Youth Bureau. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss thanked Howie Johnt and Bob Dickinson for their years of service for the Town.

Motion by Councilman Kolber, seconded by Councilman Bylewski to set a Public Hearing for December 19, 2007 at 7:45 P.M. to consider the request by People Inc. to establish a Group Home at the premises located at 8181 Clarence Center Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Kolber, seconded by Councilman Bylewski to reappoint Frank Cirillo as a member of the Assessment Review Board with term to expire 12/31/2012. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said the library now has hot water. The problem has been corrected.
          The Friends of the Clarence Library is hosting a holiday musical concert by the Clarence High School Chorale on Wednesday, December 5th at 7:30 P.M. at the library.
          Councilman Kolber said the Clarence Library Board has an opening for a trustee for anyone interested.
          The library is looking for input from their customers to see how they could improve their services.

Councilman Kolber announced that there are also openings on the Historical Society Board if anyone is interested.

Councilman Kolber announced that the Town Board has appointed Christine Fusco as Town Assessor to begin December 3, 2007. She was previously the Town Assessor for the Town of Lancaster.

Councilman Casilio said that Bill Emerson submitted a letter of resignation effective November 19, 2007 from the Security Department.
          There are now two openings in the Security Department.

Councilman Casilio said he has been working with NYSEG and the Town Attorney to finalize the installation of the street lights in Harris Hill.
          We have also asked NYSEG to help us put together a preliminary design and budget for decorative lighting in Clarence Center.
          Councilman Casilio announced that the Clarence Hollow Association is hosting a tree lighting ceremony at the Main Street Park on November 30th at 6:00 P.M. Refreshments and entertainment will be provided.

Motion by Councilman Casilio, seconded by Councilman Kolber to authorize the Supervisor, Kathleen E. Hallock to sign a Grant Contract with E & W G Foundation for a grant in the amount of $38,282.00 to assist in the installation of a sprinkler system in the Clarence Historical Museum, subject to Town Attorney approval. On the question, Councilman Kolber said we are very appreciative of this grant. It is something we have wanted to do for a long time. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Bylewski to authorize the Supervisor, Kathleen E. Hallock to sign the CSEA Employee Benefit Fund Contract for Town of Clarence Blue Collar Unit for Dental and Vision Plans for the period from January 1, 2007 through December 31, 2010. On the question, Councilman Casilio said this is part of our contract negotiations. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Casilio, seconded by Councilman Bylewski to authorize the Supervisor, Kathleen E. Hallock to sign the CSEA Employee Benefit Fund Contract for Town of Clarence White Collar Unit for Dental and Vision Plans for the period from January 1, 2007 through December 31, 2010. On the question, Supervisor Hallock added that this was also negotiated. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Casilio also thanked Howie Johnt for his 50 years of dedication.

Public Participation

Brad Davidzik of Damon and Morey said he is representing the Reade family in regard to Staybridge Suites on Sheridan Drive. In regard to item 18 for Development Plan Approval, he believes this item must go to the Planning Board per section 229-156 C. of the Town Code.

A Public Hearing was held to consider the sale of a portion of Town owned property consisting of approximately 40 x 167 feet of vacant land at 6221 Goodrich Road. Town Attorney Steven Bengart said a request was made by a corporate resident of the Town to purchase a piece of land that really has no significant value to the Town. The piece is along the driveway to the Building and Engineering Department. It was originally purchased by the Town in September 1997. The 14-acre parcel was purchased for $400,000.
          Mr. Bengart said the 40 x 167 ft. area was appraised at a value of $6,700. The Building and Engineering Department said they had no foreseeable use for this particular piece of land. He talked to the Assessor's Office and they felt it was a reasonable market value. He feels it would be acceptable to move forward with the sale, which is subject to a permissive referendum.
          Speaking to the subject:
          Councilman Weiss said he believes this is a perfect example of the Town working with a corporate resident to the benefit of both parties.
          Mr. Bengart said the parcel is not large enough to be developed independent of itself. The intent is for additional parking.
          Councilman Bylewski said there are no setback issues to prevent this from going forward.
          Councilman Kolber asked if the contract could state that it is only to be used for parking.
          Mr. Bengart said there is contract as yet. He added that it is also his intent to have the purchaser pay for all closing costs.
          Councilman Bylewski said he would be concerned with stipulating that it could only be used for parking. If something changed in the future with the overall site, it could be unnecessary.
          With no one else 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.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          WHEREAS, the Clarence Town Board, at a meeting duly held on October 10, 2007, declared a portion of Town owned property located at 6221 Goodrich Road consisting of approximately a 40 x 167 foot piece of vacant land adjacent to 6235 Goodrich Road as surplus and no longer needed for Town purposes and
          WHEREAS, the Clarence Town Board advertised that a public hearing be held on November 28, 2007, at 7:45 p.m. to consider the sale of the surplus property; and
          WHEREAS, at a duly convened meeting of the Clarence Town Board on November 28, 2007, a public hearing was held at 7:45 p.m. for said purpose.
          NOW THEREFORE, BE IT
          RESOLVED, that the Clarence Town Board, after a public hearing duly held on the 28th day of November 2007, and after all interested parties being heard, does hereby authorize the sale of a portion of Town owned property declared surplus and located at 6221 Goodrich Road consisting of approximately a 40 x 167 foot piece of vacant land for the fair market value price of $6,700.00 and subject to a permissive referendum pursuant to the provisions of section 64(2) of the New York State Town Law; and be it further
          RESOLVED, that the Town has received an offer to purchase a portion of said property from the owners of 6235 Goodrich Road for fair market value; and be it further
          RESOLVED, that the Town Board approves and agrees to sell to Clarence Properties, Inc. that portion of Town owned property declared surplus located at 6221 Goodrich Road and consisting of approximately a 40 x 167 foot piece of vacant land subject to the Town entering into a Contract to sell said property which contract shall be subject to negotiation, review and approval by the Town Attorney and subject to a permissive referendum.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Special Exception Use Permit for a structure over 50,000 sq. ft. at 8005 Sheridan Drive for Staybridge Suites Hotel. James Callahan said the location is the southeast corner of Sheridan Drive and Transit Road consisting of 6+ acres in the Major Arterial Zone. A Negative Declaration was issued under SEQR.
          Speaking to the subject:
          Randall Reade and Suzanne Reade were present representing the Reade family who owns the property next to the proposed hotel. They support the concept of the hotel but not including a restaurant. Their issue is that it is being marketed as a hotel and restaurant with the presumption that the Town will approve a restaurant. They feel it is too huge of a project on a small tract of land. Any sort of restaurant would attract more traffic to an area that is already very busy. There are accidents there all of the time.
          Mr. Reade said another issue would be snow removal. It is already difficult to pull out of their driveway.
          Suzanne Reade said the proposal is for a much larger hotel than what was on the site which will add to the traffic situation. They are more concerned about a restaurant and serving of liquor and the dangerous mix of the traffic and the liquor. She went on the Quaker State and Lube website and this type of restaurant caters to hot-roders and bikers. There have been 500 hits to their website and some people are in favor of the project to have a place for car shows and biking events. She does not feel this is the type of place we want at the gateway to Clarence.
          Ms. Reade said three teenagers were killed a few years ago in that area of Transit Road. She feels that the ongoing issue of the traffic should be reviewed.
          There are a lot of mature trees on the site and it will be turned to brick and asphalt. She would like to see the hotel moved to the south and leave the restaurant out to allow for landscaping around the periphery.
          Mr. Reade said their uncle lives in the house and they visit quite often from out of town. Their grandparents actually built the hotel. It was sold in the early 90's to another owner.

Councilman Kolber said Quaker State and Lube is his children's favorite restaurant when they travel through Erie. It really is more of a family type restaurant.

Councilman Bylewski said the only item before us tonight is the hotel.

Jerry Young was present representing the applicant and Chris Scott to represent the restaurant. Mr. Young said they have made no effort to put out a press release. They were contacted by the papers. The hotel is an extended stay hotel.

Councilman Bylewski said there is a traffic study on file from FRA dated November 26th. He assumes that this study addresses the issues of discrepancies from the original study; and the actual measurements of the property. Mr. Young said they were all addressed.

Chris Scott said they purchased the property a few years ago with the intent of building a hotel and possibly a restaurant in the future. The old building is in pretty bad shape. He said the goal of Quaker State and Lube is to be a family oriented restaurant. Less than 12% of their sales are liquor.
          Mr. Scott said 40% of the site will be greenspace which will provide ample space to load snow and keep the area safe. They have also offered to buy the adjoining family property for 50% over market value.

Councilman Kolber said they were asked to show any possible future buildout of the site to avoid the segmentation issue. Councilman Weiss added that the issues expressed tonight will be reviewed by the Planning Board.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Casilio to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that after a public hearing duly held on November 28, 2007 and after all interested parties being heard, the Clarence Town Board grants a Special Exception Use Permit to the applicant, Staybridge Suites Hotel, for the construction of a new hotel consisting of a structure over 50,000 sq. ft. subject to the following conditions: 1. The design on the Development Plan Submittal Drawings as received on 10/17/07 in the Planning and Zoning Office. 2. Conditions of the Town Engineer. 3. Conditions of the Landscape Committee. 4. Payment of Commercial Open Space Fees. 5. This approval is for a Hotel only. Any future additions to the hotel or any other site development, including a restaurant, will be subject to additional reviews and Town Board approval.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a 3-year contract for fire protection with East Amherst Fire Department, Inc. Ken Rusin, President thanked the Town for their efforts to put together a 3-year contract. It will be beneficial to the fire company.
          Supervisor Hallock said she believes it will be beneficial for both the Town and the fire company.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Councilman Bylewski to close the Public Hearing. On the question, Councilman Kolber said now they will not have to come in for these hearings every year. Councilman Weiss asked that for the future they look at the fact that about 90 to 95% of their calls are health related. They should evaluate their equipment, shared services and/or reimbursement from insurance. He would like to see them work on that. Mike Morris, Chief said they will need help from the Town to address the reimbursement issue. That will take legislative changes. Councilman Bylewski said the Town is willing to help them with that, but will also need help from the fire companies. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that after a pubic hearing duly held on November 28, 2007 and after all interested parities having been heard, the Clarence Town Board agrees to enter into a Three (3) Year Fire Protection District Agreement between the Town of Clarence and the East Amherst Fire Department, Inc. as follows:
          For the calendar year 2008, the Contractual payment shall be an amount of: Two Hundred Sixty Two Thousand Three Hundred Twenty Seven Dollars ($262,327.00); and
          For the calendar year 2009, the Contractual payment shall be an amount of: Two Hundred Sixty Five Thousand Four Hundred Ten Dollars ($265,410.00); and
          For the calendar year 2010, the Contractual payment shall be an amount of: Two Hundred Sixty Eight Thousand Five Hundred Sixty Nine ($268,569.00); and be it further
          RESOLVED, that the Clarence Town Board authorizes the Clarence Town Supervisor to sign the Three (3) Year Fire Protection District Agreement between the Town of Clarence and the East Amherst Fire Department, Inc. for 2008-2010.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider entering into a 3-year contract for fire protection with Swormville Vol. Fire Company, Inc. John Gaulocher, President appreciates consideration for a 3-year contract.
          With no one else speaking to the subject, motion was made by Councilman Casilio, seconded by Councilman Bylewski to close the Public Hearing. On the question, Councilman Weiss said he would like to see them look at the same issues for the future as he told East Amherst Fire Department. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that after a pubic hearing duly held on November 28, 2007 and after all interested parities having been heard, the Clarence Town Board agrees to enter into a Three (3) Year Fire Protection District Agreement between the Town of Clarence and the Swormville Volunteer Fire Company, Inc., Inc. as follows:
          For the calendar year 2008, the Contractual payment shall be an amount of: Two Hundred Thousand Six Hundred Thirty One Dollars ($200,631.00); and
          With an increase in the calendar year 2009, the Contractual payment shall be in an amount of three (3%) per cent, or: Two Hundred Six Thousand Six Hundred Fifty Dollars ($206,650.00) for the calendar year of 2009; and
          With an increase in the calendar year 2010 the Contractual payment shall be in an amount of three (3%) per cent, or: Two Hundred Twelve Thousand Eight Hundred Forty Nine Dollars ($212,849.00) for the calendar year 2010; and be it further
          RESOLVED, that the Clarence Town Board authorizes the Clarence Town Supervisor to sign the Three (3) Year Fire Protection District Agreement and Contract between the Town of Clarence and the Swormville Volunteer Fire Company, Inc., Inc. for 2008-2010.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider amendments to Master Plan 2015 regarding Sewer Expansion. James Callahan said the Planning Board has forwarded a recommendation for adoption of the sewer prioritizations and incorporate them into Master Plan 2015. A Negative Declaration has been issued under SEQRA.
          Mr. Callahan said the proposal identifies the priorities of the existing Sewer Districts No. 2 and No. 5. These districts should be built out prior to any extensions to the districts. The Harris Hill area is identified as a pollution abatement area is a priority. A Harris Hill Trunk Line is needed to service that area. The Gunnville/Wehrle, County Road and Roll Road areas are identified as Industrial Business Park areas. In-Fill to eliminate on-site systems in the identified growth corridor.
          Joseph Latona, Town Engineer and Sewer Administrator spoke in favor of adopting this amendment to the Master Plan.
          Councilman Bylewski said one of the figures incorporated into the plan is the Erie-Niagara Framework for Regional Growth. The region should grow but the way you should look at proposed areas for development is basically how development is happening in the Town. He believes it is a good document and shows our willingness to work with the Erie-Niagara Framework with how we want our Town to grow.
          Brian Davidzik of Damon and Morey said he is representing Rubino Brothers with regard to their subdivision proposal for Clarence Center and Shimerville Roads. They are within Sewer District No. 6 and are trying to tap into Erie County Sewer District No. 5. This project has been on the table for three years and asked if there is a grandfathering clause or do they have to wait for Sewer District No. 5 to be built out.
          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:
          RESOLVED, that the Clarence Town Board after a public hearing duly held on the 28th day of November, 2007, and after all interested parties being heard, adopts the Master Plan 2015 Amendments Sewer Expansion Priorities and shall be effective immediately.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Benderson Development requests a Clearing Permit to clear two properties at 9289 and 9565 Main Street. James Callahan said the location is the south side of Main Street between Goodrich and Thompson Roads. The applicant would like to clear the properties for marketing and surveying purposes.
          Matt Oates representing Benderson Development said their intent is to clean up and clear the site to look like a developable piece of land. They do not intend to clear-cut the site, mostly clean it up. They do understand the concerns about the trees on the site and would be happy to meet with the Landscape Committee.
          They have also had a wetland consultant do a walk of the site with regard to the wetlands so that they do not infringe on that area. They did not do a full delineation. It is not clearly marked, but they could have that done. There are existing structures on the properties. They are not looking to demolish them yet and would not like to do that until there is a development plan.
          Councilman Kolber said the Board prefers not to allow clearing until there is a development plan. They really would like to see the dilapidated buildings come down.
          Councilman Casilio added that the buildings are not maintained at all and are an eyesore. Kids could be getting into them and they pose a hazard for fire safety. He would like to see that made as a consideration to move forward with this. The representative is not at liberty to make that decision tonight.
          Motion by Councilman Kolber, seconded by Councilman Casilio to table the request for a Clearing Permit to clear two properties at 9289 and 9565 Main Street with any future consideration to include a tree survey, wetland delineation and demolition of the existing structures.
          On the question, Councilman Weiss said this is to include having a wetland delineation done and clearly marked.
          Councilman Bylewski asked if there are any development plans for this site. The representative said there are no plans for either property. They are in the process of marketing.
          Councilman Bylewski said if this project comes back, he would like to see a tree survey and wetland delineation. It was also mentioned demolition of the structures, which if they are over 50 years old would require a SEQRA review. (These items are to be addressed for future consideration and Town Board would like them as part of the motion.)
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Ron Kimmel requests a parking lot expansion at 8481 Sheridan Drive. James Callahan said the location is the south side of Sheridan Drive, west of Harris Hill Road consisting of an existing salon in the Commercial District.
          Ron Kimmel said he owns the property and his tenant asked if he could expand the parking lot. He proposes to expand to seven more spots at the rear of the building. It would be stoned for now and paved in the spring. There are no trees that would have to be removed. He cannot expand any further in the front.
          James Callahan said it meets all setback and landscape requirements.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to grant a parking lot expansion at 8481 Sheridan Drive, subject to Town Engineer and drainage approval. Upon roll call – Ayes: All; Noes: None. Motion carried.

Staybridge Suites Hotel requests Development Plan and Architectural Approval for a new hotel per amended and recommend designs at 8005 Sheridan Drive.
          Councilman Bylewski said given what was stated earlier, it is his belief that this project should be at the Planning Board. He understands that the applicant would like to get moving on it. He has no real objection to the hotel, but procedurally, according to our Town Code this should be at the Planning Board level. He wondered if we need to make a motion to refer it or should it automatically be there. Town Attorney Bengart suggested that a motion be made.
          Jerry Young asked why they have to go to the Planning Board again.
          Councilman Bylewski explained that the concept plan went through the process and now for development plan approval, it must go to the Planning Board for review and recommendation to the Town Board for final development plan approval.
          Mr. Young said the main issues of the Planning Board had been size of the restaurant, which is really not part of the discussion. Also the traffic study issues which have been addressed.
          Councilman Bylewski said this is the correct process.
          Councilman Casilio suggested they bring in a color rendering. It may help move the process along as well when they meet with the Planning Board.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to refer the request by Staybridge Suites Hotel for Development Plan and Architectural Approval for a new hotel at 8005 Sheridan Drive to the Planning Board. 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. Clarence Soccer Club – Jan. 20, 2008; B. Clarence Girls Softball – Feb. 9 & April 26, 2008; C. Clarence Garden Club – Feb. 9, 2008; Legion Hall Applications - A. Hena Hossain – Jan. 12, 2008; B. Swallow Creek Homeowners – Jan. 29, 2008; C. Patricia Raquet – Feb. 23, 2008; D. Tina Battaglia – March 16, 2008. On the question, Councilman Bylewski said the standard disclosure that members of the Town Board are also members of various organizations, however, this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock that after proper audit and review the following bills of November 15, 2007 are approved for payment: General Fund - $101,323.24; Highway Fund - $7,990.65; Water District - $505.89; Drainage District - $4,280.65; Sewer Districts - $110.05; Capital Fund - $18,441.25; and Trust and Agency 203 - $1,539.65 for a total amount of $134,191.38. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review the following bills of November 29, 2007 are approved for payment: General Fund - $488,786.86; Highway Fund - $220,547.62; Water District - $48,152.85; Lighting Districts - $1,006.03; Sewer Districts - $382.10; and Capital Fund - $160,020.00 for a total amount of $918,895.46. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          Whereas, the Northern Erie Sno-Seekers Inc. Snowmobile Club has requested permission from the Clarence Town Board for the use of specific Town owned property for the 2007-2008 Snowmobiling season as follows:
          1. “West Shore Line" bike path that runs from Salt Road to Davison Road for use as an insured New York State Class A corridor snowmobile trail.
          2. Trail running through Memorial Park between the parking lots and baseball diamond and the northern side of east/west main driveway.
          3. Allow for parking on the Salt Road Parking area for “Drop and Ride" lot.
          4. Allow for parking on the stone parking lots at Memorial Park between the baseball diamonds and the north side of the main driveway for a “Drop and Ride" lot.
          Resolved, that the Clarence Town Board grants permission to the Northern Erie Sno-Seekers Inc. Snowmobile Club for the use of the above Town owned property subject to the following conditions:
          1. The Northern Erie Sno-Seekers Inc. Snowmobile Club is to provide the Town of Clarence with a certificate of insurance naming the Town as additional insured on the Northern Snow Seekers, Inc. Snowmobile Club's insurance and name the above areas on said certificate.
          2. This use is authorized with the understanding that snowmobiles are allowed only on the right-of-way of the bike path and absolutely not allowed on the paved portions of the bike path.
          3. That all trails will be clearly marked with signs and barrels and the path maintained throughout by the Northern Erie Sno-Seekers Inc. Snowmobile Club.
          4. That the season will run from December 15, 2007 to April 1, 2008.
          5. Subject to the receipt of a current certificate of insurance naming the Town of Clarence as an additional insured on the Club's policy.
          6. This approval is with the understanding that snowmobiles are allowed only on the right-of-way of the bike path and absolutely not allowed on the paved portions of the bike path.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said he would like to close the meeting in memory of Julie Hahn, a longtime friend and resident of Clarence.

There being no further business, Supervisor Hallock adjourned the meeting at 9:07 P.M.

Nancy C. Metzger
Town Clerk