12/19/07


A Work Session of the Clarence Town Board was held on December 19, 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.

James Callahan - Director of Community Development

Public Hearings:

People Inc. - 8161 Clarence Center Road
Applicant is seeking to convert the existing home to a Group Home per the Mental Health Hygiene Law. The proposed site is located on the south side of Clarence Center Road between Transit Road and Roseville Lane in existing single-family home located on .49 acres in the Residential Single-Family Zone. Per the Mental Health Hygiene Law, the Town Board may hold a public hearing prior to taking action on the request. A notice has been sent per Town Board notification policy to residents within 500' of the proposed home.

Formal Agenda items:

  • Staybridge Suites Hotel 8005 Sheridan Drive
    Applicant is proposing to construct a new hotel over 50,000 square feet. The proposed site is located on the southeast corner of Transit Road and Sheridan Drive in a commercial classification. The existing vacant hotel is located on 6+ acres in the Major Arterial Zone. A Negative Declaration under SEQRA was issued on the proposed project on 8/22/07. A Special Exception Use Permit was issued for a structure over 50,000 square feet on 11/28/07. The Planning Board has forwarded a recommendation on the Development Plans with conditions.
  • Stephen Development 10069 Main Street
    Applicant is proposing a façade renovation to the existing structure. The proposed site is located on the south side of Main Street, east of Rockland Avenue entrance to Rock Oak Estates. The existing commercial building is located on 1.4+/- acres in the Commercial Zone. Architectural style will set the standard for development of the adjoining parcel, owned by the applicant.
  • Joe Frey 9992 Main Street
    Applicant is proposing to develop additional retail space on the campus. The proposed site is located on the north side of Main Street, east of Kraus Road. The existing furniture store and storage facility is located on 9+ acres in the Commercial Zone. Areas of concern include the size of the facility, parking and fire advisory comments. The applicant had previously received concept approval on an alternative design. The new design is substantially different from previous submittals.
  • Doodle Bugs/Office Complex 8574 Sheridan Drive
    Applicant is proposing a new day care facility and office complex. The proposed site is located on the north side of Sheridan Drive, east of Harris Hill Road on existing vacant land consisting of 6.83+/- acres in the Restricted Business Zone.
  • Waterford Village Planned Unit Residential Development (PURD)
    Applicant is seeking Final Plat approval for Part A of Phase III for the Commons and the Estates. This will include public road dedication of approximately 1355 lineal feet of Wexford Manor with two fire hydrants and approximately 613 lineal feet of Galway Terrace with one fire hydrant. The proposed site is located north of Roll Road between Thompson Road and Shimerville Road. Development Plan approval was granted for Phase III of the Estates and the commons on August 8, 2007. All regulatory agency and departmental approvals are on file.
  • 4 M's Development Inc. 10120 County Road
    Applicant is proposing to develop a 6 building industrial park. The proposed site is located on the north side of County Road, west of Strickler Road on existing vacant land located on 4.21 +/- acres in the Industrial Business Park Zone. A Negative Declaration was issued on 8/22/07. Concept approval was granted on 9/5/07. The Planning Board has forwarded a recommendation on Development Plan approval with conditions.
  • Dunkin Donuts 9430 Main Street
    Applicant is proposing to develop a coffee/donut shop with drive-thru. Applicant is proposing to split the property to create a separate tax parcel for the existing Wilson Farms and the proposed new restaurant. The proposed site is located on the north side of Main Street, west of Goodrich Road on existing vacant land consisting of 1.5+/- acres in the Commercial Zone. A Negative Declaration under SEQRA was issued on the proposed project on 2/14/07. A Special Exception Use Permit related to the drive-thru was issued on 3/14/07. The Planning Board has forwarded a recommendation with conditions on the Development Plans as amended per the 10/26/07 site plan. Councilman Kolber asked if there was connectivity from Executive Cleaners for accessibility to Goodrich Road. Mr. Callahan stated that it was not part of the Planning Board recommendation there is however connectivity from Wilson Farms going west.
  • Mazia's Pizza 10151 Main Street
    Applicant is proposing to relocate existing pizza shop to vacant commercial structure. The proposed site is located on the south side of Main Street, between Winding Land and Pine Ledge Drive East in existing vacant commercial building located on 2.15 +/- acres in the Commercial Zone. Adequate parking exists to the side and rear of the building on the property to accommodate the use. No exterior changes are proposed for the use.
  • Roll Industrial Park - Buffalo Filter north of 8526 Roll Road
    Planning & Zoning is still waiting for engineering approval.
  • Benderson Development 9289 & 9465 Main Street
    Planning & Zoning is waiting for the applicant to get back to them regarding demolition of the building.

Supervisor Kathleen Hallock

Supervisor Hallock will make a motion to accept the Capital Improvement Project for 2007. She is further recommending copies be forward to all financial consultants and to review borrowings for capital projects annually. Supervisor Hallock will also make a motion to close out 8 capital projects.

Heritage Christian Services contacted Supervisor Hallock regarding the Shimerville Road home. They inquired about PILOT (payment in lieu of taxes) for tax abatement; Supervisor Hallock referred her to the Assessor. The home will be run by Heritage Christian Services and owned by Ltd. Partnership. Supervisor Hallock mentioned that at the public hearing, the Board requested the home pay for fire protection tax. The difference is that the project will be run by Heritage Christian Services but owned by Ltd Partnership.

The Supervisor's office will repost the laborer position in the Town Hall. The White Collar Union President and our Labor Attorney worked out some technicalities in the job description according to Civil Service.

Supervisor Hallock has a recommendation for an employee that she will discuss in Executive Session.

Town Clerk Nancy Metzger has submitted her final reports for the 2007-2008 school tax collection - the reports will be on file in the Clerk's office.

Network Services - Steve Flaminio is working toward moving the Department of Motor Vehicles back to the library sometime in January. Steve Flaminio will test the system before the move.

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

The Ethics Board is recommending two minor changes in the Annual Statement of Disclosure and the Transactional Statement of Disclosure.

Supervisor Hallock will make a motion approving the US Postal Service request to use Town Hall auditorium on Saturday, January 19th, 2008 from 9:00 AM until 3:30 PM for processing passport applications.

Supervisor Hallock will make a motion correcting the property dimensions for the Goodrich Road property sale.

Supervisor Hallock will make a motion regarding health reimbursement agreement.

Supervisor Hallock has three items to discuss in Executive Session.

Councilman Scott Bylewski

Councilman Bylewski received a letter from Time Warner noting their financial contributions, in-kind donations and complimentary services to worthy charities. They also included a brochure indicating how organizations can obtain grants through them.

Councilman Bylewski will announce that there are revisions to the 2007 August and September Central Fire Alarm Reports.

Councilman Bylewski received the criminal back-ground checks for the Public Safety volunteers.

Councilman Bylewski will appoint Jeff Smith and Kaitlyn Heim as Student Helpers for the Winter Recreation Program at the budgeted rate of pay.

Councilman Bylewski will report on the Single Family Dwelling Statistics for the month of November.

The TEQR Committee is recommending a Negative Declaration on the proposed First Presbyterian Church addition. They are also requesting Lead Agency status on the proposed North Forest Office located at 6051 Transit Road.

Councilman Bylewski will make an announcement regarding vacancies on several boards and committees if anyone is interested in applying for a position, applications should be submitted as soon as possible.

Councilman Bylewski has two items to discuss in Executive Session regarding matters leading to the appointment of individuals and matters regarding the discipline of an individual.

Councilman Joseph Weiss

Councilman Weiss met with Joseph Floss and our NYMIR representative.

The Deer Abatement program is underway.

Councilman Weiss commended the Highway Department for doing a great job cleaning up after the snow storm this past weekend.

There was a discussion regarding unplowed parking lots and sidewalks at town owned buildings. It was decided that the Parks Department will be called out early to plow parking lots and sidewalks so town employees and customers can safely enter these buildings. The Highway Departments first priority is the roads. The parking lots should be cleared in case of emergency. The Highway Department will clear a path when they are working on the weekends when scheduling allows.

Councilman Weiss will have the gym teacher from Clarence Middle School contact Town Attorney Bengart regarding her soccer team.

Councilman Weiss will make a motion to adopt a fee schedule for Storm water Pollution Prevention plan review and associated inspections relative to the Storm water Phase II Program specifically related to the Erosion and Sedimentation Control Local Law.

Councilman Weiss will make a motion agreeing to pay the annual fire hydrant maintenance fee to the Erie County Water Authority for the fire hydrants installed in Waterford Commons Phase IIIA and Waterford Estates Phase IIIA.

Councilman Bernard Kolber

Councilman Kolber stated that he will research getting town owned buildings “green" by possibly introducing energy efficient improvements. Councilman Kolber will contact NYSERDA to see about funding.

Councilman Patrick Casilio

Councilman Casilio has one item to discuss in Executive Session regarding the employment history of a corporation.

Parks Crew Chief John Burns contacted the Senior Center about locating a bocce ball court at the former Teen Center because there are lights and boards there already. Supervisor Hallock stated that the former Teen Center is now a parks maintenance building. There are paths from the Senior Center to the former Teen Center however it was discussed that it may be more convenient to have the bocce ball court located right at the Senior Center.

Councilman Casilio commented on the Town of Clarence Baseball Association new indoor facility located at the former Water Department location. A grand opening ceremony is scheduled for January 2008.

Councilman Casilio will schedule a meeting with Steve Flamino to draw up a new RFP for the camera system.

Highway Superintendent Ted Donner has located a camera system that has become available on state bid. Councilman Casilio and Ted Donner will pursue this.

Councilman Casilio will work with the Recycling Committee to establish bottle recycling in our parks especially at the soccer center and baseball fields.

NYSEG representative Donald Russo has contacted Councilman Casilio regarding his recommendation for street lights in Clarence Center. A study was done to determine the number of decorative lights that would be required to light Goodrich and Clarence Center Road per the map provided by the town. He is suggesting 69 poles to be spaced approximately 100 - 110 feet apart staggered from one side to the other.

Town Attorney Steven Bengart

NYSEG contacted Town Attorney Bengart today and informed him that they will allow the Town of Clarence to use their easements to access the backyards of residents in the Harris Hill area. NYSEG will submit a letter regarding this.

There was an incident regarding the Senior Center van driver and his ability to get in and out of driveways in the winter months. Town Attorney Bengart is suggesting the Town Board create a policy indicating the van drivers do not pull into a driveway to pickup a senior if it is not plowed and/or shoveled. Town Attorney Bengart will draft a memorandum for Supervisor Hallock to sign and forward to the Senior Center to be inserted in their newsletter informing seniors of this new policy.

Councilman Kolber stated that there was an incident at the Senior Center last week where a woman drove into the ditch because the driveway was not properly marked. He suggested installing a culvert along the front parking lot.

Town Attorney Bengart has two items to discuss in Executive Session regarding pending litigation.

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 matters leading to the appointment of an individual, matters leading to the appointment of a corporation, matters leading to the discipline of a particular person; and § 105(1) D matters regarding proposed litigation relative to Newhouse Acres vs. Town of Clarence and Gordon vs. Town of Clarence. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock left the Executive Session at 7:15 P.M.

There being no further business, the Work Session adjourned at 6:55 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Councilman Bylewski, seconded by Councilman Bernard Kolber to adjourn the Executive Session at 7:19 P.M. Upon roll call - Ayes: All; Noes: None. Absent: Supervisor Hallock. Motion carried.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, December 19, 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 Joseph Weiss, followed by an Irish Holiday Blessing 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, Assessor Christine Fusco and Building Inspector David Metzger.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held December 5, 2007. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to approve the following transfer of funds in the General Fund: $6,100 from A 1990 Contingency to A 1976 Clean Up, Spring and Fall; and $3,500 from A 1110.1 Personal Services to A 1110.220 Office Equipment. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to accept the 2007 Capital Improvement Program for the Town of Clarence. On the question, Supervisor Hallock said a few years ago we adopted the first Capital Improvement Program and this is an annul update to that document. Councilman Bylewski added that under Supervisor Hallock's leadership we now have a Capital Project Improvements Committee to bring forth that document. She should be commended for that. Supervisor Hallock said the report is dated November 15, 2007 and a copy is on file in the Town Clerks' office. Copies will be sent to Dresher & Malecki, Fox & Company and Hawkins, Delafield & Wood. Supervisor Hallock said it is her recommendation to incorporate review of borrowings for Capital Projects annually before the budget process. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to close out the following Capital Projects: Project #56 Library; #66 Memorial Park Phase I; #74 Town Hall Renovations; #77 Rails to Trails Peanut Line; #80 Arboretum; #84 Installation of Generators; #87 Land - General Town Purpose; and #88 Sidewalk Improvements. On the question, Supervisor Hallock said borrowings were done for the various phases. The projects are closed because there are no more expenses that the Town is responsible for under the conditions of the borrowings. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to approve the request from the US Postal Service to use the Town Hall auditorium on Saturday, January 19, 2008 from 9:00 am to 3:30 pm for the purpose of processing Passport applications. On the question, Supervisor Hallock said this was requested by the Postmaster at the Clarence Center Post Office. The Postal Service will be responsible for public notice. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to accept Town Justice William Waible's recommendation to appoint Mary Zimmerman as Court Clerk effective January 2, 2008 at an annual salary of $35,480. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the Health Reimbursement Arrangement Plan which plan conforms to the terms of the collective bargaining contracts and which plan shall be subject to Town Attorney review and approval. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber that upon recommendation of the Ethics Board, to accept the changes in the Annual Statement of Disclosure and the Transactional Statement of Disclosure. On the question, Councilman Bylewski said the changes are minor by adding the word Town to the documents. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said that a few weeks ago resolutions were adopted for consideration of the sale of property on Goodrich Road. The dimensions of the property were listed incorrectly. The following resolutions are to correct it.

Motion by Supervisor Hallock, seconded by Councilman Kolber to adopt the following resolution:
          WHEREAS, the Town of Clarence acquired a parcel of land located at 6221 Goodrich Road by deed recorded in the Erie County Clerk's Office in Liber 10921 at page 4453 in 1997 for the purpose of a town building; and
          WHEREAS, the Town has received an offer to purchase a portion of said property consisting of approximately a 40 x 300 foot piece of vacant land adjacent to 6235 Goodrich Road; and
          WHEREAS, the Town Engineer and the Town Attorney have investigated and determined that it is no longer necessary to retain said portion of the property for Town purposes; and
          NOW THEREFORE, BE IT
          RESOLVED, that the Town Board of the Town of Clarence in regular session duly convened this 19th day of December 2007, does hereby authorize that a 40 x 300 foot portion of Town owned property located at 6221 Goodrich Road is no longer needed for Town purposes and is hereby declared as surplus property; and be it further
          RESOLVED, that the 40 x 300 foot portion of said Town owned property located at 6221 Goodrich Road be offered for sale for fair and adequate consideration after a public hearing.
          On the question, Supervisor Hallock said this resolution is being made to correct the previous resolution of October 26, 2007 for an error made in the dimensions of the property being offered for sale.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to set a public hearing for January 23, 2008 at 7:50 p.m. to consider the sale of a portion of Town owned property declared as surplus and no longer needed for Town purposes consisting of approximately a 40 x 300 foot piece of vacant land located at 6221 Goodrich Road. Upon roll call - Ayes: All; Noes: None. Motion carried.

Supervisor Hallock said a Laborer position in the Town Hall was posted three weeks ago. The job description has been revised slightly. As a result of that, the position will be newly posted for a period of 7 days according to the Collective Bargaining Agreement. The posting period will begin tomorrow, December 20th.

Supervisor Hallock said she received the 2007-08 School Tax Collection Report from Town Clerk Nancy Metzger. The total amount collected was $41,029,489.34. She thanked the Town Clerk's office for doing a good job.

Supervisor Hallock reminded everyone that the Town of Clarence will celebrate the arrival of the Bicentennial year with fireworks on New Years Eve at Town Place Park at 6:00 P.M.
          There is also an effort being made to have the fire companies' sound their sirens and the churches ring their bells at midnight to ring in the Bicentennial year.
          The committee hopes the fireworks will allow families and individuals to begin their New Year celebration in a festive manner. There will be parking in the park with parks security to assist with parking and fire police assisting on the roads after the fireworks.

Supervisor Hallock said she would like to take a moment to express some feelings with this being her last Town Board meeting. She has enjoyed being the Town Supervisor and tells everyone that 98% of the time it has been absolutely wonderful. She feels strongly that she is leaving the Town in very good hands with this Board and newly elected Supervisor Bylewski. She has a great deal of respect for them and knows that they will do what is right for the Town. They have accomplished much in the last few years with a lot of hard work and help from the department heads, employees, committees and volunteers.
          Supervisor Hallock she never could have done the job without the consistent help and support of two very important people, her husband Dave and her secretary Karen Jurek. They have been unwavering in their help.
          It has been her privilege and honor to serve as supervisor for the last 6 years.

Councilman Bylewski said we received a letter from Time Warner Cable stating that they have donated more than $900,000 over the past year to Western New York organizations. They also sent a pamphlet telling how organizations can obtain funding from them.

Councilman Bylewski said there were some minor changes made to the Central Fire Alarm Reports for August and September of 2007 related to Swormville Vol. Fire Company. They are available if anyone is interested.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Town Board of the Town of Clarence, Erie County, New York, upon reading the Appointment of Hearing Officer executed by Kathleen E. Hallock, Supervisor, dated November 29, 2007, the Notice of Public Hearing published December 5, 2007 in the Clarence Bee; and the Report of Hearing Officer dated December 17, 2007, hereby approves the “Approval to Finance" attached hereto and further directs that the Clarence Town Supervisor execute such “Approval to Finance" on behalf of the Town Board.
          On the question, Councilman Bylewski said all of the documents mentioned are part of the record and attached hereto.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Supervisor Hallock to appoint Jeff Smith and Kaitlyn Hein as Student Helpers for the Winter Recreation Season of 2007-08 at the budgeted rate of pay. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski received the November Single Family Dwelling Statistics from the Building Department. There was one permit issued in a subdivision and one permit outside of a subdivision. November year-to-date there were 65 in and 31 out. By comparison, November 2005 year-to-date there were 72 issued in subdivisions and 45 outside. November 2006 year-to-date there were 64 issued in subdivisions and 50 outside. We are about on par in subdivisions, but substantially down outside of subdivisions from previous years.

Motion by Councilman Bylewski, seconded by Councilman Kolber 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 First Presbyterian Church Addition. This Unlisted Action involves the addition of 11,000 +/- square feet to the existing church facility located at 9675 Main Street. After thorough review of the submitted site plan and Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, it is determined that the proposed action will not have a significant impact upon the environment. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss 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 North Forest Office Providers Office Park located at 6051 Transit Road. This Unlisted Action involves the development of an office park. Coordinated review should analyze the full build out alternatives of the entire project site to avoid segmentation issues. On the question, Councilman Bylewski said this project would involve looking at a full build out that could possibly involve a change in zoning which would have Master Plan 2015 implications. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Bylewski announced that the Organizational Meeting will be held immediately following the installation of elected officials on Wednesday, January 2, 2007 at 7:00 P.M. A Work Session will be held at 6:30 P.M.

Councilman Bylewski said as they have been going over the organization items, there has been ongoing vacancies on some committees. If anyone is interested in serving on one of these committees, they should submit an application as soon as possible.

Councilman Bylewski wished everyone a safe and Happy Holiday Season.

Councilman Bylewski thanked Supervisor Hallock for her years of service and dedication to the Town. She has been an outstanding public servant and an outstanding public leader and friend. She will be missed.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt a fee schedule, which is hereby attached, for Stormwater Pollution Prevention Plan Review and associated inspections relative to the Stormwater Phase II Program and specifically related to the Erosion and Sedimentation Control Local Law. On the question, Councilman Weiss said these are to accommodate the new stormwater regulations. Upon roll call - Ayes: All; Noes: None. Motion carried.

Councilman Weiss said he just had a meeting with Mr. Floss from the Floss Agency and NYMIR. Our insurance with NYMIR has worked out very well. We will be shopping for our comp insurance in the next year.

Councilman Weiss said he talked to Dennis Londos regarding the deer program and so far 12 deer were taken and given to the food bank.

Councilman Weiss thanked the Highway Department for doing a great job with the last snowfall.

Councilman Weiss said Supervisor Hallock mentioned that 98% of the time her job was enjoyable. He believes he contributed to the remaining 2%. He thanks her for everything she has done. Other towns could learn from her on the way she manages. She has done a terrific job. Councilman Weiss congratulated her on her retirement.

Councilman Kolber said he would like to be the first town hall designated as a “green" building. They have discussed geothermal heating alternative. He would like to work on that next year and see what we can do.
          Councilman Kolber said 4 ½ years ago Supervisor Hallock took him under her wing. It has been a pleasure working with her. She will be missed. He wished her the best in her retirement.

Councilman Casilio said he received a recommendation letter from NYSEG regarding the decorative lights for Clarence Center. We would need approximately 70 lights for proper lighting. They suggested the Town submit these plans to an electrical supplier also.
          They are also working on easements in the Harris Hill area because the power for the street lights comes from the backyards.

Councilman Casilio said he is working on an amended proposal for the camera system for the bike paths. He thanked Karen Jurek for helping him with that. Service organizations in the Town have raised funds to donate for this project including: Jack Willert from the Event Center, the Clarence Hollow Association, Kevin Patterson who held a walk and Clarence Rotary. We also received a grant from Assemblyman Mike Cole.

Councilman Casilio said we got a labor agreement in place this year with the help of Pam Smith, Heather Giambra and Supervisor Hallock.

Councilman Casilio said this Town Board designated the Senior Center as a potential shelter if needed. Our Disaster Coordinator David Bissonette has been working with members of the Senior Center who are preparing to man the building in the event of a disaster. An emergency generator was purchased for the building.
          We also purchased a disaster relief trailer that can be moved to any location as needed.

Councilman Casilio thanked Town Engineer Joseph Latona for diligently working on the sidewalks in the Clarence Center and Harris Hill areas.

Councilman Casilio said the Town Board purchased a public safety vehicle for use by the Town Security Department and the disaster coordinator. The vehicle is out every night and can be taken down the bike paths.
          We also purchased a traffic monitoring trailer to measure traffic and speed of traffic.

Councilman Casilio said the Town Board approved the lease on the batting facility which is about ready to open. He thanked Vic Martucci, Rick DiVita and Paul Bliss for working on that facility.

Councilman Casilio thanked Supervisor Hallock for her help and guidance. He wanted to be a part of her government and the high standards of this Town Board in serving the residents of Clarence.

Department Reports

Councilman Bylewski read a resolution honoring Supervisor Kathleen Hallock who is retiring after 22 years of dedicated service to the Town of Clarence first being appointed as Bookkeeper in 1986. She was then elected to the Office of Receiver of Taxes in 1993 and finally elected Supervisor serving from 2002 thru 2007.
          The Town Board congratulates her on her many achievements, wishes her much success in all her future endeavors and proclaimed December 29, 2007 as Kathleen E. Hallock Day in the Town of Clarence. They also presented her with the key to the Town.

Mike Patterson of the Clarence Concert Association thanked the Town Board for their support. His main purpose is to present a gift to Supervisor Hallock in honor of her support to their association. She and her husband Dave also attend the concerts and work on their kitchen crew. Kathy also opened the concerts by introducing the concert master and conductor.

A Public Hearing was held to consider the request from People Inc. to establish a Group Home at the premises located at 8161 Clarence Center Road. James Callahan said the location is the south side of Clarence Center Road, west of Roseville Lane consisting of an existing single family residential home on approximately .5 acre in Erie County Sewer District No. 5.
          Speaking to the subject:
          Rhonda Frederick, Chief Operating Officer for People Inc. said they have a purchase contract on the property. Part of the process is to notify the Town and go through the site selection process. The intent is to house six individuals with developmental disabilities. They are downsizing a couple existing homes they have to give the residents more room. Some renovations and a small addition may be done to the home. They presently have three homes in the Town of Clarence, one on Brauer Road, Northfield Road and County Road. They also have the senior housing facility on Sheridan Drive at the entrance to Eastern Hills Mall. It is affordable housing for seniors over 62 years old.

Councilman Bylewski said as far as he is aware, we have not had complaints from any of the housing facilities in the Town. James Callahan said that is correct.

Councilman Kolber said as liaison to the Group Home Committee, they did have a meeting to review this request. Upon review of the site and proposal, the members are in full support of the facility.

Beverly Malona said she would like to be informed of the plans to change the look of the property in regard to parking lots, renovations, etc. It is her understanding that property values do not go down as People Inc. takes very good care of their properties. She would be supportive, but would like to know what it will look like.

Councilman Kolber said their proposal states that they may construct a small addition and convert the garage into living space. Other work may include electrical upgrades, fire alarm and sprinkler system, painting, carpeting, parking and general updates. The home is staffed 24 hours per day.
          Councilman Kolber said that when a proposal comes in for a group home, the Town has three options. One is to accept the proposal as submitted. The second option is to identify alternate locations. The third option is to deny the request based on the number of group homes in the specific area. The Group Home Committee reviews all of these options before making their recommendation.

Ruth Ford said she lives two doors from this property and her concern is not about the group home, but the safety of the residents. This is one of the busiest streets in Town. She wanted them to be aware of that. She cannot walk her dog along there anymore.

A resident from Roseville Lane said she has the same concern for safety. They do not have sidewalks and it is very dangerous for walkers. She does not want to see anyone get hurt.

Supervisor Hallock said this area may be a good place to put the speed trailer when the weather permits.

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

Motion by Councilman Kolber, seconded by Supervisor Hallock to adopt the following resolution:
          Resolved, that the Clarence Town Board , after a public hearing duly held on December 19, 2007 and after all interested parties having been heard, approves the request of People, Inc. to establish a Group Home at the premises located at 8161 Clarence Center Road.
          On the question, Councilman Casilio said he would like to make sure that we are able to charge for fire protection because they are changing New York State Law. People Inc. said they had no problem with that.
          Councilman Kolber said the Group Home Committee has reviewed this request and sees no reason for denial.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Staybridge Suites Hotel requests Development Plan and Architectural Approval for a new hotel at 8005 Sheridan Drive. James Callahan said the location is the southeast corner at Transit Road consisting of approximately 6.3 acres zoned Major Arterial. A Negative Declaration was issued for the project on Aug. 22, 2007 and Concept Approval with conditions was given September 5th. A Special Exception Use Permit was issued for a building greater than 50,000 sq. ft. Nov. 28th. The Planning Board has forwarded a recommendation for approval with conditions.
          Jerry Young was present for the project.
          Councilman Bylewski said they received a letter from Rene Desai with regard to what happened at the last meeting. He would like to clarify some concerns for the record. The letter references the new three-story apartment building and if it was considered in the traffic study. Mr. Callahan said the traffic study was based on the most recent traffic data that was available. Supervisor Hallock added that the building was fully occupied when the study was done.
          Councilman Bylewski said the letter also referenced exceptions to the zoning law. A Special Exception Use Permit was issued as allowed with additional conditions set.
          The letter also said will the hotel be profitable or stand vacant in 10 years. Councilman Bylewski said he cannot answer that.
          Mr. Young said he spoke with the developer, Scott Development, out of Erie and asked if this is a long-term investment for them. They said they have never sold a hotel and they own a few others and have some under construction. They are a financially sound company and he believes that it will be a successful project.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Clarence Town Board approves the request of the applicant, Staybridge Suites Hotel, for Development Plan and Architectural approval for the construction of a new hotel consisting of a new structure of over 50,000 square feet 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 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.

On the question, Councilman Kolber said the rendering shows heavy landscaping and he hopes that is what is recommended by the Landscape Committee.
          Pete Johnson said they met with the Landscape Committee this afternoon and went over the plan in detail. They asked them to contact the DOT to add additional plantings along Sheridan Drive and also to possibly clean up the limestone wall along Transit Road.
          Councilman Casilio asked if they owned the property with the cell tower. They do not.
          Councilman Bylewski added that the proposed project is not within the fall zone of the tower.
          Upon roll call - Ayes: All; Noes: None. Motion carried.

Stephen Development Inc. requests a Building Permit and Architectural Approval for a façade update at 10069 Main Street. James Callahan said the location is to the east of Rockland Avenue consisting of a commercial building on approximately 1.4 acres in the Commercial Zone.
          Douglas Klotzbach said it was a joy working with Supervisor Hallock over the years and wished her well.
          Douglas Klotzbach, Architect said the renovation would include artificial stone, masonry and drive-it. The look is similar to the plaza on the Amherst side of Transit Road. Mr. Klotzbach said plazas tend to go through upgrades about every ten years to attract tenants. Mr. Stephen said all of their tenants are staying. They are improving the look.
          Motion by Councilman Kolber, seconded by Councilman Weiss to grant a Building Permit and Architectural Approval for a façade update at 10069 Main Street. Upon roll call - Ayes: All; Noes: None. Motion carried.

Joe Frey requests Concept Approval for an addition to the existing furniture store at 9992 Main Street. James Callahan said the location is east of Kraus Road consisting of an existing store and storage facility on approximately 9 acres. The applicant is proposing a revised concept plan.
          Douglas Klotzbach, architect was present representing the applicant. The proposed addition is approximately 38,500 sq. ft. with a full mezzanine. The building will be fully sprinklered with an additional hydrant in the back. They also increased the parking.
          Councilman Bylewski said the issues of concern include parking, size of building and fire advisory.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to refer the request by Joe Frey for Concept Approval for an addition to the existing furniture store at 9992 Main Street to the Planning Board. Upon roll call - Ayes: All; Noes: None. Motion carried.

Doodle Bugs requests Preliminary Concept Review of a proposed day care center and office park at 8574 Sheridan Drive. James Callahan said the location is east of Harris Hill Road consisting of 6+ acres zoned Restricted Business.
          Robert Blood, landscape architect and owner Anthony Insinna, were both present. Mr. Blood said the project includes three buildings. The day care center will be surrounded with a decorative fenced in play area.
          Motion by Councilman Weiss, seconded by Councilman Bylewski to refer the request by Doodle Bugs for Preliminary Concept Review of a proposed day care center and office park at 8574 Sheridan Drive to the Planning Board. Upon roll call - Ayes: All; Noes: None. Motion carried.

Waterford Village PURD requests Final Plat Approval for Phase 3 Part A of Waterford Estates and Waterford Commons, including public road dedication of 1,355 lineal feet of Wexford Manor and 613 lineal feet of Galway Terrace. James Callahan said this is the final build out of Waterford Estates and Waterford Commons. All regulatory agency approvals are in order.
          William Schutt said infrastructure for these two segments of Waterford have already been constructed. Wexford Manor includes 25 lots and two fire hydrants in the Estates. Galway Terrace includes 12 lots and one new fire hydrant in the Commons.
          Councilman Bylewski said a Final Plat Approval is a ministerial approval to make sure that all of the conditions of the PURD approval are being met. James Callahan said that is correct. It has been developed in accordance with the previous approval.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to adopt the following resolution:
          Resolved, that the Clarence Town Board approves the request for Final Plat Approval for Phase 3 Part A of Waterford Estates and Waterford Commons including public road dedication of approximately 1,355 lineal feet of Wexford Manor and approximately 613 lineal feet of Galway Terrace and subject to the following conditions:

1. Subject to all conditions of the Town Engineer

2. Subject to all conditions as identified in the Development Plan Approval of August 8, 2007.

3. Installation of two (2) fire hydrants on Wexford Manor and one (1) fire hydrant on Galway Terrace per the approved sites by the Town Attorney.

4. All documents for the road dedication are to be submitted to the Town Attorney for review and approval.

5. No building permits shall be issued until the road deeds are filed with the Erie County Clerks Office and proof of same is submitted to the Town Attorney's Office.

6. The Town agrees to pay the Annual Fire Hydrant Maintenance Fee to Erie County Water Authority for the Fire hydrants installed in Waterford Commons Phase 3 Part A and Waterford Estates Phase 3 Part A.

On the question, Councilman Casilio asked if this should be subject to recreation fees. Supervisor Hallock said she believes they were not imposed on this development.
          William Schutt said there was construction and materials supplied for the bike path in lieu of the recreation fees.
          Upon roll call - Ayes: Al; Noes: None. Motion carried.

4 M's Development Inc. requests Development Plan and Architectural Approval for a new industrial business park at 10120 County Road. James Callahan said the location is the north side of County Road, west of Strickler Road consisting of approximately 4.2 acres zoned Industrial Business Park. A Negative Declaration was issued 8/22/07. The Planning Board forwarded a recommendation with conditions.
          Jason Knight of Greenman Pedersen was present representing the applicant. They have made design changes as necessary.
          Councilman Bylewski said this project has been before the Planning Board a few times and has now received a unanimous vote to move forward.
          James Callahan said the Landscape Committee has amended their approval to protect the hedgerow to the rear and based on requests from the neighbors.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Clarence Town Board approves the request of the applicant, 4 M's Development for a new industrial park to be located at 10120 County Road subject to the following:

1. Town Engineer conditions and approval.

2. Landscape Committee conditions and approval.

3. Protect rear hedgerow by placing orange fencing prior to commencing any construction.

4. Preserve as much of the front hedgerow as possible.

5. Final design to eliminate rear parking area per the design submittal of 12/12/07.

6. No lights to the north side of northern most buildings.

7. All lighting to be downcast and shielded to reduce impacts to adjoining residential uses.

8. No outdoor storage on the site without approval of the Town Board.

9. Commercial Open Space fees.

Upon roll call - Ayes: All; Noes: None. Motion carried.

Dunkin Donuts requests Development Plan and Architectural Approval for a new restaurant at 9430 Main Street. James Callahan said the location is the north side of Main Street, west of Goodrich Road consisting of approximately 1.5 acres zoned Commercial. The project was introduced 7/12/06; a Negative Declaration was issued 2/14/07; Special Exception Use Permit for drive thru granted 3/14/07; Revised Concept reviewed by TEQR 11/19/07 and deemed consistent with Negative Declaration determination. The Planning Board forwarded a recommendation with conditions.
          Councilman Bylewski said the access was changed back and is lined up with the project across the street. They have provided space for access to Wilson Farms. Wilson Farms has not agreed to allow access to Executive Cleaners property.
          Councilman Kolber said they would like to see that access. Reid Petroleum is not here tonight.
          Representatives for Dunkin Donuts said they are willing to provide shared access but they cannot speak for Reid or Wilson Farms. They have satisfied the conditions and possible connection for the future.
          Councilman Bylewski said they have provided for the connectivity on their site to the east and to the west.
          Councilman Weiss said they have provided the egress that was asked for but it is not their decision for the other property. We cannot put that on them.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued for the proposed lot split for Dunkin Donuts from the Wilson Farms parcel in the Commercial Zone. This Unlisted Action is to create an additional lot. After the previous review of the Environmental Assessment Short Form to be amended to indicate a lot split as opposed to a lease, it is determined that the proposed action is in conformance with the Zoning Law, Subdivision Law and Master Plan will not have a negative impact on the environment. On the question, Councilman Bylewski said we bring this motion because it has changed, not significantly, but there was a change. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the lot split for Dunkin Donuts from the parcel owned by Reid Petroleum. Upon roll call - Ayes: Councilmembers Casilio, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Clarence Town Board approves the request of the applicant, Dunkin Donuts, for the construction of a new restaurant to be located at 9430 Main Street subject to the following:

1. Town Engineer conditions and approval.

2. Landscape Committee conditions and approval.

3. Sidewalk from Main Street to the Restaurant to include an alternative surface treatment for traffic calming (no striping on the asphalt).

4. Shared access to be installed to the adjoining use to the west.

5. Orange fencing to be placed prior to construction to protect trees to the northwest of the site plan and other areas not to disturbed.

6. Dark sky lighting fixtures to reduce glare to the street and to adjoining uses.

7. Commercial Open Space fees.

8. Will pursue and not hinder joint access to the parcel to the east.

On the question, Councilman Kolber said with the parcel being sold off we will never see the joint access.
          Councilman Weiss said we cannot put the onus on this project sponsor.
          Upon roll call - Ayes: Councilmembers Casilio, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

Mazia's Pizza requests a Change-In-Use from vacant to pizza shop at 10151 Main Street. James Callahan said the location is the south side of Main Street, west of Strickler Road consisting of an existing commercial building on 2.15 acres in the Commercial Zone.
          Rob Scofield wished Supervisor Hallock well with gratitude and congratulations.
          Rob said they would like to turn this vacant 4,000 sq. ft. building into a restaurant. They will be leasing the building. The only change to the exterior is signage, which the applicant is aware is a separate approval.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to grant a Change-In-Use from vacant to pizza shop at 10151 Main Street to Mazia's Pizza. On the question, Councilman Casilio said Mr. Scofield is a very active volunteer for the Chamber of Commerce and does a lot for the community. Supervisor Hallock added and a successful businessman to increase the size of his business. 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. Troop 664 - Dec. 20, 2007; B. Clarence Cooperative Nursery School - March 7, 2008; C. Girl Scout Troop 1498 - April 27, 2008; Legion Hall Applications - A. Gary George - Dec. 29, 2007; B. Judith Thielman - Jan. 13, 2008; C. Susan Payne - Feb. 2 & March 29, 2008. Upon roll call - Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Kolber that after proper audit and review by the Town Board, the following bills of December 13, 2007 are approved for payment: General Fund - $120,719.69; Highway Fund - $11,232.53; Water District - $33,863.89; Capital Fund - $700.00; Aquatic Growth District - $959.17; and Trust & Agency 203 - $1,303.60 for a total of $168,778.88. Upon roll call - Ayes: All; Noes: None. Motion carried.

“For the Good of the Town"

Chuck Eckert said he has worked on a number of committees in the Town over the years and Kathy has always supported them 150%. She has been a good friend and he looks forward to working with her in the future.

Steve Dale personally expressed his gratitude to Kathy for her years of devoted service to our Town. She has graciously given of herself and maintained her personal convictions. He admires and respects her for that. Clarence is a better place because of her.

James Blum thanked Kathy for making a commitment to set a new direction for our Town. He is particularly pleased with what is happening with zoning and subdivisions. Selections for appointments have been made based on qualifications, not politics. That has set a tone that he hopes will continue.

Supervisor Hallock wished everyone a healthy, happy new year. She appreciates all of the comments.

James Callahan showed some candid shots of Supervisor Hallock over the years. It has been his pleasure to work with her as well.

The Councilmen presented Supervisor Hallock with a bouquet of roses.

Supervisor Hallock said she also appreciates the help from Jim Callahan, Steve Bengart, Joe Latona and Nancy Metzger. They were always helpful and responsive when she needed information.

There being no further business, Supervisor Hallock adjourned the meeting at 9:10 P.M. in memory of Jamie Lynn Badding a wonderful little person who died this past week and was an inspiration to many people.

Nancy C. Metzger
Town Clerk