Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
November 20,
2006 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Legislator Spicer.
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 Heintzelman, seconded by Councilman Miller to accept the minutes
of the November 6, 2006 meeting as presented by the Town Clerk.
PUBLIC
HEARING (Local Law #3-2006: Alternative Veterans’ Exemption)
Supervisor Tyler opened a Public Hearing on Town of Ellicott
Introductory Local Law #3-2006 concerning the Alternative Veterans’
Exemption. (Minutes 9/18/06 et. seq.)
No public comments were heard.
Supervisor Tyler closed the
Public Hearing at 7:02 PM
Robert Reimondo, 2046 Willard St. Ext., asked
the Town Council how the Town of Ellicott Assessor is appointed. He also asked if the current Assessor
possesses the proper qualifications for the job. Supervisor Tyler replied that the Council appoints the
Assessor. He added that the current
assessor is qualified for the position.
Mr. Reimondo feels that the Assessor has his property assessed too high
& asked the Council if there is anything he could do to get the assessment
reduced. Councilman Geisler & Mr.
Tyler responded to Mr. Reimondo’s statement.
They explained that there is a process in place for residents to contest
their assessments.
A number of residents in attendance expressed their
concerns re a proposed request to rezone a section of Fairmount Ave. adjacent
to the existing Fairmount Plaza.
(Minutes 10/2/06 et. seq.)
Island Capital LLC, Troy Michigan submitted the request. The company is requesting that the property
be rezoned ‘mercantile’ in anticipation of constructing a retail center on the
site. The following residents commented
on the matter:
Colleen Orlando, 48 Elmwood Ave. read a
statement concerning the proposed project.
Ms. Orlando is opposed to the project.
In her opinion, a more suitable site for the proposed project would be
along N. Main St. Ext. (Rte. 60) in the Town of Ellicott.
Sharon Truver, 55 Avalon Blvd. expressed
her opposition to the project. She
feels that the project will result in increased traffic in the area.
Sheila Webster, 45 Elmwood Ave. WE thanked
Town officials for looking into conducting a comprehensive zoning plan for the
Town of Ellicott. In her opinion, it is
imperative that such a comprehensive plan be completed before the Town even
considers new development along Fairmount Ave.
She also read a statement opposing the prospective project. She outlined a number of reasons why the
project should not move forward.
Supervisor Tyler outlined the steps the Town
Council will take during its consideration of the rezoning request. He assured the residents that the Council
will follow all proper procedures in accordance with both the Town Code
& New York State Zoning Law.
Legislator Spicer reported that the
Chautauqua Co. Legislature is continuing to lobby the NY State Legislature to
control “unfunded mandates” levied on local municipalities.
Town Clerk Erlandson read the following
items into the record:
1.
Petition
from approximately 200 Chautauqua Co. residents requesting that a “stop and go”
traffic device be installed at the intersection of Southwestern Dr. & Baker
St Ext.
2.
Invitation
to the annual Falconer Volunteer Firemen’s Association Christmas Party.
3.
Invitation
to a dinner hosted by the Chautauqua County Conference of Mayors.
4.
Falconer Fire Dept. Incident Report: Sept. & Oct. 2006
5.
Dog
Control Incident Report: Oct. 2006.
6.
Letter
from Scott McDonald, Chautauqua Works thanking Town of Ellicott
officials for participating in the 2006 Summer Youth Work Experience Program.
TOWN OFFICERS’ REPORTS
Councilman
Pickett congratulated the Falconer
High School Varsity Football team for qualifying for the NY State
championship game.
Local Law #3-2006 (Alternative Veterans’ Exemption) – The Town Council discussed the merits of
adopting the “alternative” veterans property tax exemption program for
the Town of Ellicott. (Minutes
9/18/06) The program would give
assessment relief to certain eligible veterans. Councilman Geisler recommended that the Council adopt the
program. Councilmen Heintzelman and
Pickett stated that they have questions concerning specific details of the
program. The Council also discussed how
the Town’s budget would be affected if the program were implemented. Town Clerk Erlandson explained that the
program must be adopted before December 1, 2006 to be effective for the 2008 tax roll. The
Council will ask the Town Assessor for more clarification re the program. Tabled pending further review.
Water Pump Station in School
Ave. Area
– The Town Council discussed the estimate received from Tolman
Engineering PLLC for installing a new water pump station in the School Ave.
area. Highway Superintendent Shellhouse
noted that the cost of the pump would be approximately $150,000.00. (Minutes 11/6/06) Supervisor Tyler explained that the cost of the pump would be apportioned
among every property owner in Water District 1 (i.e. most of West
Ellicott). Consequently, a public
hearing would have to be conducted before the Council could purchase the
pump. The Council will schedule a
public informational meeting re the project in January 2008.
Rezoning Request (Fairmount
Plaza) – Tabled pending
recommendation from the Town of Ellicott Planning Board. (Minutes 10/2/06)
Rezoning Request (Howard
Ave.) – Tabled
pending recommendation from the Town of Ellicott Planning Board. (Minutes 11/6/06)
NEW BUSINESS
Comprehensive Rezoning Plan – Councilman Heintzelman reported that the
Ellicott Zoning Commission recently determined that the Town of Ellicott’s
comprehensive rezoning
plan should be updated. He pointed out that the existing plan is
over thirty years old. He recommended
that the Town Council authorize the Zoning Commission to obtain cost estimates for updating the plan.
Motion by Councilman Heintzelman, seconded by Supervisor Tyler authorizing the
Ellicott Zoning Commission to obtain cost estimates for updating the
Town of Ellicott Comprehensive Zoning Plan.
Adopted.
Ayes - 5
Noes - 0
Absent - 0
Easement Agreement – Supervisor Tyler reported that Real Estate Advantage & Sacred
Heart Church have requested that they
be granted a perpetual easement
to utilize portions of First & Second
Streets in the Town of Ellicott. Mr.
Tyler noted that both streets are ‘paper streets’. The Council discussed the matter. The Council referred the matter to the Ellicott Planning
Board.
Rezoning Request (Southwestern
Dr.) – The Town Council discussed a letter requesting
the Ellicott Town Council to rezone several parcels of property
along Southwestern Drive in the Town of Ellicott. The letter requests that the properties be rezoned from
‘Residential’ to either ‘Professional Office’ or ‘Commercial’. The Council referred the request to the Town
of Ellicott Planning Board for further review.
RESOLUTION #90-06
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2006
current claims #1281-1322, inclusive, in the amount of $24,147.43 and
charge to the proper fund or account.
Adopted.
Ayes - 5
Noes - 0 Absent - 0
RESOLUTION #91-06
Executive Session
(Personnel)
Motion by Supervisor Tyler, seconded by Councilman Miller to convene Executive
Session for the purpose of discussing a personnel matter. 8:50 PM – 9:05 PM.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 9:05 PM.
Carried.
Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk