Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
November 6,
2006 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson.
Absent: Highway Superintendent Shellhouse.
Supervisor Tyler opened the
meeting at 7:00 PM and led the Town Council in the Pledge of Allegiance. Town Clerk Erlandson called the roll.
Motion
by Councilman Miller, seconded by Councilman Heintzelman to accept the minutes
of the October 16, 2006 meeting as presented by the Town Clerk.
PUBLIC
HEARING (2007 Preliminary Budget)
Supervisor Tyler opened a Public Hearing on the Town of Ellicott Preliminary Budget for fiscal year
2007. The following public comments were heard:
George Beckerink, 3930 Gerry-Levant Rd.
asked several questions re proposed police department allocations. In particular, he asked if funding for a
second police car had been removed from the 2007 budget. Supervisor Tyler stated that the Town
Council is indeed considering removing the allocation. Mr. Beckerink feels that it would not be
prudent to remove funding for the second car.
Supervisor Tyler closed the
Public Hearing at 7:10 PM
A number of residents have recently expressed their concerns re a proposed request to rezone a section of Fairmount Ave. adjacent to the existing Fairmount Plaza. (Minutes 10/2/06) The request was made by Island Capital LLC, Troy, Michigan. The company is requesting that the property be rezoned ‘mercantile’ in anticipation of constructing two large retail stores on the site. The following residents commented on the matter:
Hannah Webster, 45 Elmwood Ave. WE read a
statement in opposition to the proposed project. She feels that constructing a large retail center on the site
would destroy the character of the neighborhood.
Dennis Webster, 45 Elmwood Ave. WE also
read a statement expressing his opposition to the proposed development. He is concerned that the Council is not
dealing with the matter openly. He urged
the Council to keep the public informed.
Mr. Webster implored the Council to think about the rezoning request
carefully. He stressed that there are
many issues to be considered.
Sheila Webster, 45 Elmwood Ave. WE asked
the Council to immediately stop consideration of the proposed rezoning
request. She feels that the proposed
development would be detrimental not only to her neighborhood but to Chautauqua
Lake watershed as well. She also
urged the Council to develop a comprehensive, long-range zoning plan & asked
the Council to place a moratorium on any zoning changes until such a plan has
been completed.
Sharon Green, 3839 Bonita stated that
she used to reside near Wegman’s.
She noted that when Wegman’s was constructed the value of their
home dropped considerably. In her
opinion, property values will decrease for homes in the vicinity of the
development.
Sharon Truver, 55 Avalon Blvd. stated her
opposition to the proposed rezoning request.
Karen Rine, 87 Longview stated that
she is the president of the Chautauqua Lake Partnership. She expressed concerns re the effect that
the proposed development might have on Chautauqua Lake.
Robert Korvel, 5 Westbury Ct. stated that
the proposed retail store would not create wealth for the community. He is opposed to the proposed project.
Colleen Orlando, 48 Elmwood Ave. expressed
her opposition to the proposed project.
She feels that the development would destroy the character of her
neighborhood.
Sarah Melquist, 31 Elmwood Ave. is not in
favor of the proposed development. She
stated that there are a number of children living on her street & is
concerned that the proposed development would create traffic safety
problems.
Sue Wilder, 184 Frederick Blvd. is
concerned that the proposed development will drive local merchants out of
business.
Rita Newell, 75 Avalon Blvd. asked the
Council to consider the traffic implications of the proposed development. She feels that there are other locations
available for commercial development in the Town of Ellicott.
Richard Digirolamo, 86 Glidden Ave. stated his
opposition to the proposed project. He
feels it will adversely affect property values and traffic safety.
Bud Larson, 64 Avalon Blvd. stated that he is opposed to the project.
Cindy Orlando, 2229 Willard St. Ext.
commented on the status of the existing STEL house on Fairmount
Ave. She pointed out that the house is
located in the proposed area to be rezoned & explained that the house will
be physically moved to a new location to accommodate the proposed development. She noted that STEL is a non-profit
agency. She asked why a non-profit
agency is being accommodated while tax-paying residents are not.
Gary Nelson stated that he owns a business in the existing
Fairmount Plaza. He is concerned that
the proposed development will be detrimental to local businesses.
Tania Campbell, 27 Avalon Blvd. stated the
she is opposed to the new development.
In her opinion, the new development will not result in a reduction of
property taxes. She also feels that the
proposed development will drastically alter the character of her neighborhood.
Robert Green, 3839 Bonita stated that
the proposed development would decrease property values. He noted that he used to reside on Burt Ave.
before Wegman’s was constructed.
He noted that after the store was built the value of his home decreased
drastically. He asked the Council to
act responsibly and protect residential areas.
Councilman Geisler commented on the
matter. He stated that the Town Council
is following proper procedure with regards to the rezoning request. He noted that the Council’s actions
throughout the rezoning process have been entirely open & honest.
Town Clerk Erlandson read the
following items into the record:
1.
Notice
of upcoming Fall Planning & Zoning Conference.
2.
Notice
of restricted highway: Allen St. Ext. & Mason Dr. intersection, effective
Oct. 18, 2006.
3.
Notice
of restricted highway: CR 340 Elmwood Ave. between Rte. 394 and Quaint Rd.,
effective until further notice.
4.
Letter
from the New York State Office of Real Property Services re the 2006
STAR Administrative reimbursement.
5.
Notice
of upcoming Public Hearing from the Town of Ellery Zoning Board of
Appeals.
6.
Newsletter:
So. Tier West Regional Planning & Development Board.
7.
Newsletter:
Chautauqua Co. Fire Service.
8.
Newsletter:
Chaut. Co. Chamber of Commerce.
TOWN OFFICERS’ REPORTS
No Reports
Water Pump Station in School
Ave. Area
– Supervisor Tyler reported that the Town has received an estimate from Tolman
Engineering, PLLC for installing new water pump station in
the School Ave. area. (Minutes 7/11/06
et. seq.) He stated that the cost
of the water pump would be approximately $150,000.00. Tabled until the Nov. 20, 2006 meeting.
Veterans’ Property Tax
Exemption
– The Council discussed the merits of adopting the “alternative” veterans
property tax exemption program for the Town of Ellicott. (Minutes 9/18/06) Town Clerk Erlandson reminded the Council that it must adopt the
exemption no later than November 30, 2006 to be effective for the 2008
tax roll. Councilman Geisler stated
that he is in favor of opting into the program. The Council will ask the Town Assessor for additional information
concerning the exemption program.
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to schedule a Public Hearing for November 20, 2006 at 7:00 PM on proposed Town of Ellicott Local Law #3-2006 concerning the alternative veterans’ exemption.
Adopted.
Ayes - 5
Noes - 0
Absent - 0
Preliminary Budget (2007) - Supervisor Tyler discussed
the proposed preliminary budget for the Town of Ellicott for fiscal year
2007. Mr. Tyler explained that he is
submitting two (2) budgets for the Council’s consideration. The preliminary budget includes a property tax
increase of $0.05 per thousand for Town & village residents. He stated that the proposed tax rates for
2007 are: $3.91 per thousand (Town outside village) and $3.61 per
thousand (Village). Mr. Tyler added
that he is also submitting a revised preliminary budget that includes
funding for the purchase of a second new police car in 2007. If adopted, the revised budget would contain
a tax increase of $0.10 for both the Town and the Village. The respective tax rates would be $3.96
per thousand (Town) & $3.66 per thousand (Village). The Council discussed the matter. Councilman Miller objected to the fact that
the Council only received the revised budget before tonight’s Council
meeting. Ellicott Police Chief William
Ohnmeiss explained the advantages of purchasing two police cars. He noted that if only one vehicle is
purchased, maintenance costs would increase.
RESOLUTION #84-06
Adopt (Revised) Final Budget (2007)
Motion by Supervisor Tyler, seconded by Councilman Pickett to adopt the Town of Ellicott revised Preliminary Budget for fiscal year 2007 as the final budget for fiscal year 2007 which includes a proposed tax increase of $0.10 per thousand.
(Councilmen Geisler, Miller
& Heintzelman Voted No.)
RESOLUTION #85-06
Adopt Final Budget (2007)
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to adopt the Town of Ellicott Preliminary Budget for fiscal year 2007 as the final budget for fiscal year 2007 which includes a proposed tax increase of $0.05 per thousand.
(Supervisor Tyler Voted No)
Rezoning Request (Fairmount
Plaza) – Tabled pending recommendation
from the Town of Ellicott Planning Board.
(Minutes 10/2/06)
NEW BUSINESS
RESOLUTION #86-06
Supporting Resolution re Unfunded Mandates
Motion by Supervisor Tyler, seconded by Councilman
Geisler supporting a resolution by the Chautauqua County Legislature requesting the New
York State Legislature and Governor to control unfunded mandates on local
governments
Adopted.
Ayes - 5
Noes - 0
Absent - 0
RESOLUTION #87-06
Letter
to NYS Comptroller’s Office re Retirement System
Motion by Supervisor Tyler,
seconded by Councilman Pickett directing Town Clerk Erlandson to send a letter
to the NYS Comptrollers office asking why local municipalities and school
districts are being compelled to fund the NYS Retirement System at 100% when
the system currently has significant fund balances.
Adopted.
Ayes - 5
Noes - 0
Absent - 0
Rezoning Request (Fairmount
Plaza) – The Town Council discussed a letter requesting
the Ellicott Town Council to rezone several parcels of property
along Howard Ave. between Hunt Rd. and Baker St. Ext. The letter requests that the properties be rezoned ‘Residential’
to ‘Professional Office’. The Council
referred the request to the Town of Ellicott Planning Board for further
review.
Attendance at ZBA and Planning Board Meetings – Supervisor Tyler reported that certain
members of the Ellicott Zoning Bd. of Appeals & Ellicott Planning Board
have missed a number of meetings. Mr.
Tyler recommended that any member of the ZBA or Planning Board who misses more
than three meetings or more in a calendar year be removed from the Board. The Council discussed the matter. Tabled pending further review
RESOLUTION #88-06
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2006
current claims #1193-1280, inclusive, in the amount of $50,882.82 and
charge to the proper fund or account.
Adopted.
Ayes - 5
Noes - 0
Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 8:35 PM.
Carried.
Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk