Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
December 18,
2006 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, 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 Pickett, seconded by Councilman Geisler to accept the minutes of
the December 4, 2006 meeting as presented by the Town Clerk.
A number of West Ellicott
residents were in attendance 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, a real estate
development company from 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. Supervisor Tyler reported
that, to date, the Ellicott Town Council has not received a formal
recommendation from the Ellicott Planning Board re the rezoning request. Therefore, he stated that the Council would
be taking no action on the request tonight.
He also reported that earlier today the Town received a revised rezoning
request from Island Capital, LLC. The
following residents commented on the matter:
Reno Anderson, 160 Fairmount Ave. asked
for specific details re the boundaries for the revised rezoning request. Mr. Anderson also expressed concern about
increased traffic that might be generated by the proposed retail center.
Gene Ingersoll, 123 Avalon Blvd. reminded
the Town Council that the Planning Board recommended that the rezoning request
be denied. Therefore, he asked why the
Council is considering a revised request.
He feels that the developers should be compelled to construct the
proposed retail center within the boundaries of the existing zoning.
Gregory Thorsell, 44 Warwick Rd. also asked
why the developers are allowed to keep re-submitting revised rezoning
requests. He feels that the Town
Council should not consider any further revisions.
Joseph Lisciandro, 300 Hunt Rd. stated that
he is opposed to rezoning the property.
In his opinion, the Town Council has already decided to approve the
rezoning request in order to move ahead with the proposed project.
Dennis Webster, 45 Elmwood Ave. read a
prepared statement expressing his opposition to rezoning the site for the
proposed retail center. He implored the
Council to conduct a comprehensive zoning plan before moving ahead with further
development along Fairmount Ave.
Earl Inwood, 120 Avalon Blvd. stated
that he is opposed to the project. He
is concerned that the project could be detrimental to the aquifer, which could
adversely affect residents’ wells. He
is also concerned that the project would disrupt traffic patterns.
Sheila Webster, 45 Elmwood Ave. also read
a prepared statement in opposition to the proposed development. She pointed out that the purpose of zoning
ordinances is to protect people. She
urged the Council to update its outdated master-zoning plan. Mrs. Webster also presented a petition
signed by 556 residents who are opposed to the project.
Tania Campbell, 27 Avalon Blvd. also read
a statement expressing her opposition to the proposed development.
Victor Carlson, 184 Frederick asked why
Supervisor Tyler is in favor of the proposed project.
Vickie Laurie, 79 Columbia Ave. stated
that she is opposed to the project.
Several residents questioned
the fact that the Council has not received a formal recommendation from the
Planning Board. Supervisor Tyler
explained that although he attended the recent Planning Board meeting with
Councilman Heintzelman & Councilman Pickett a formal, written
recommendation is required from the Planning Board before the Council can act.
Rita Newell, 75 Avalon Blvd. contacted
Daniel Evans, Chairman of the Ellicott Planning Board on her cell phone. According to Ms. Newell, a formal
recommendation from the Planning Board concerning the rezoning request was
emailed to the Town earlier this afternoon.
Supervisor Tyler directed Town Clerk Michael Erlandson to check the
Town’s email and print out the recommendation if it has been received. Mr. Erlandson returned to the meeting and
reported that the document had been received via email at 5:08 today. The Council reviewed the Planning Board’s
recommendation.
Town Clerk Erlandson read the
following items into the record:
1.
Notification
of liquor license renewal: Moonbrook Country Club, N. Main St. Ext.
2.
Falconer
Fire Dept. Aid Response Report: November 2006.
3.
Dog
Control Incident Report: November 2006.
TOWN OFFICERS’ REPORTS
Councilman
Heintzelman reported that members
of the Ellicott Zoning Commission recently met with the respective mayors and
trustees from the Village of Celoron and Village of Falconer to determine
whether they would be interested in participating in the development of a
master-zoning plan for the Town of Ellicott.
(Minutes 12/4/06) Mr.
Heintzelman noted that both villages adopted resolutions in support of the
plan.
Councilman
Geisler reported that he &
Councilman Heintzelman are continuing to negotiate with Town of Ellicott CSEA
employees re a new labor agreement.
Highway
Superintendent Shellhouse reported
that the Highway Dept. would be starting its night shift this evening.
Water Pump Station in School
Ave. Area –
Councilman Heintzelman requested that the Town Council schedule a public informational
meeting re the installation of a new water pump in the School Ave. area of
West Ellicott (Minutes 11/6/06 et. seq.).
A meeting was scheduled for January 24, 2007 at 7:00 PM.
Rezoning Request (Fairmount
Plaza) – The Town Council
discussed a recommendation by the Ellicott Planning Board re the rezoning of
the property adjacent to the Fairmount Ave. Plaza.
Motion by Supervisor Tyler,
seconded by Councilman Miller to accept a recommendation from the Town
of Ellicott Planning Board that the Ellicott Town Council not consider a
request to rezone property on Fairmount Ave. adjacent to the Fairmount Plaza
and; further, that no property in the Town of Ellicott be rezoned until
the Town’s comprehensive master-zoning plan has been updated or pending a
detailed recommendation from the Ellicott Zoning Commission.
Adopted. Ayes – 4 Noes - 1 Absent – 0
(Councilman Geisler Voted No)
Rezoning Request (Howard
Ave.)/Rezoning Request (Southwestern Dr.) – See Resolution #94-06.
NEW BUSINESS
Supervisor
Tyler reported that Kenneth Lasker would be resigning as Town Attorney,
effective Jan. 1, 2007. He asked the
Town Council to think about possible replacements.
The Town Council cancelled
the Regular Town Council meeting scheduled for January 1, 2007 in observance of
New Years Day.
RESOLUTION #95-06
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Pickett to pay 2006
current claims #1365-1433, inclusive, in the amount of $22,130.59 and
charge to the proper fund or account.
Adopted.
Ayes - 5
Noes - 0
Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Heintzelman to adjourn at 7:55 PM.
Carried.
Ayes - 5
Noes - 0
Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk