Minutes of a Regular Meeting of the

Town Council of the Town of Ellicott

held at the Administration Building,

215 S. Work Street, Falconer, N.Y. on

December 4, 2006 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse.

 

Absent: Councilman Geisler.

 

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. 

 

APPROVAL OF MINUTES

 

Motion by Councilman Miller, seconded by Councilman Pickett to accept the minutes of the November 20, 2006 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 4                            Noes - 0                                   Absent - 1

               

PRIVILEGE OF THE FLOOR

 

Pamela Piazza, 218 N. Allegheny, Celoron read a statement addressed to Councilman Geisler concerning recent actions by the Celoron Village Clerk.

 

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 developers are requesting that the property be rezoned ‘mercantile’ in anticipation of constructing a retail center on the site.  The following residents commented on the matter:

 

Bud Larson, 64 Avalon Blvd. asked if the Town Council plans to rezone the entire Fairmount Ave. corridor in the Town of Ellicott to ‘mercantile’.  Supervisor Tyler responded that the Council is not considering such a proposal.  Mr. Larson also commented on the newest building proposal submitted by the developer.  He noted that although the new plan includes only one retail store instead of two, in his opinion it is still too large for the existing site.

 

Colleen Orlando, 48 Elmwood Ave. stated that she is opposed to the project.  In her opinion, a more suitable site for the proposed project would be on N. Main St. Ext. (Rte. 60) in the Town of Ellicott.

 

Terry Truver, 55 Avalon Blvd. feels that the proposed development would be too close to the homes on the east side of Avalon Blvd.  He is also concerned about the possibility of semi trucks idling for long periods of time at the site.

 
James Carlson, Ohio, addressed the Council.  He cited a section of the Town of Ellicott code, which discourages commercial developments in residential areas.  He encouraged the Town Council to consider Rte. 60 as an alternative site for the proposed development. 

 

Tania Campbell, 27 Avalon Blvd. stated the she is opposed to the new development.  She feels that the proposed development will drastically alter the character of her neighborhood.

 

Rita Newell, 75 Avalon Blvd. stated that she does not support the proposed development.  She feels that the development will ruin the neighborhood.  She added that there are better locations available for commercial development in the Town of Ellicott. 

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

                                   

1.      Invitation to the annual Falconer DPW Christmas Party.

2.      Invitation to an electronic voting machine demonstration sponsored by the Voting Machine Service Center.

3.   2006-07 Business Builder Source Book published by the Chautauqua Co. Chamber of Commerce.

 

TOWN OFFICERS’ REPORTS

 

Councilman Heintzelman reported that the Ellicott Zoning Commission met on Nov. 30, 2006.  He noted that the commission intends to meet with Village of Falconer and Village of Celoron officials to determine whether they would be interested in participating in the development of a master-zoning plan for the Town of Ellicott.

 

Councilman Pickett asked Town Clerk Erlandson to determine the costs incurred by the Ellicott Highway Dept. during the recent demolition of an abandoned house on the property located at 340-342 E. Main St., Falconer.  Mr. Pickett requested that a lien for the costs be placed on the property owner’s 2007 Town & County tax bill.  Town Clerk Erlandson will look into the matter.

 

Town Clerk Erlandson reported that Councilman Geisler & Ellicott Assessor Marsha Painter would be conducting a meeting at the Celoron American Legion on Dec. 16, 2006.  At the meeting, Mrs. Painter will explain the necessary eligibility requirements for veterans to receive property tax exemptions.  Mr. Erlandson recommended that similar meetings be conducted at the other veterans’ organizations in the Town of Ellicott.  The Town Council directed him to schedule the meetings for January 2007.

 

Highway Superintendent Shellhouse reminded the Town Council that the Town of Ellicott would be receiving funding from New York State Assemblyman William Parment & NYS Senator Catherine Young to install fire hydrants along N. Main St. Ext. (Minutes 9/18/06 & 10/2/06).  Mr. Shellhouse explained that there would be surplus monies available following the installation of the fire hydrants.  He stated that he is looking into using the surplus funding to install an additional hydrant on Rte. 394 near the site of the proposed Harley Davidson facility.

 

Supervisor Tyler reported that he met with the Celoron Hose Co. on Sat. Dec. 2, 2006 to discuss a new fire contract between the Celoron Hose Co. & the Town of Ellicott.

 

OLD BUSINESS

 

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 (Minutes 11/6/06 et. seq.).  Supervisor Tyler will obtain information re the amount to be apportioned among the property owners in Water District 1 (i.e. most of West Ellicott) to offset the cost of 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)

 

Rezoning Request (Southwestern Dr.) - Tabled pending recommendation from the Town of Ellicott Planning Board.  (Minutes 11/20/06)

 

RESOLUTION #92-06

Easement Agreement w/ Real Estate Advantage & Sacred Heart Church

 

Motion by Supervisor Tyler, seconded by Councilman Pickett authorizing Supervisor Tyler to sign an easement agreement with Real Estate Advantage, 800 Fairmount Ave. and Sacred Heart Church, Lakewood allowing them to utilize portions of First & Second Streets in the Town of Ellicott, pending approval by the Town Attorney   (see ‘Easement Agreement – Real Estate Advantage & Sacred Heart Church’ file for detail)

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

NEW BUSINESS

 

No New Business

 

RESOLUTION #93-06

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2006 current claims #1323-1364, inclusive, in the amount of $33,913.75 and charge to the proper fund or account.

 

Adopted.                             Ayes - 4                               Noes - 0                               Absent - 1

 

Motion by Supervisor Tyler, seconded by Councilman Miller to adjourn at 7:32 PM.

 

Carried.                              Ayes - 4                               Noes - 0                               Absent - 1

 

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk