Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the Southwestern
Central Elementary
School, 600 Hunt Road, Jamestown,
N.Y. on
March 5, 2007
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Wright.
Absent: Councilman Pickett.
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 February 5, 2007 meeting as presented by the Town Clerk.
Supervisor Tyler opened a Public
Hearing re the proposed installation of a new water pump station in the
School Ave. area of West Ellicott.
(Minutes 11/06/06 et. seq.) He
explained that the pump station would increase water pressure for many
residents in the area and also improve fire protection. The following public comments were heard:
Allan Hendrickson, 21 Winsor Pl. asked
whether state funding might be available to defer a portion of the cost of the
pump. He urged the Town Council not to
appropriate monies for the project until it is determined whether such funding
is available. Supervisor Tyler replied
that no Town monies will be appropriated until the project has been completed.
Terry Truver, 55 Avalon Blvd. asked how
many people would benefit from the new pump.
Town of Ellicott Engineer Rex Tolman replied that 169 homes would be
affected.
Rich Hartman, Howard Ave. asked when
work on the proposed pump station would get underway. Supervisor Tyler explained that the timetable for the project
would not be determined until the project is approved.
Motion by Supervisor Tyler, seconded by Councilman Miller to close the Public Hearing at 7:05 PM.
A number of West Ellicott
residents were in attendance re a revised request to rezone a section of
Fairmount Ave. adjacent to the existing Fairmount Plaza. (Minutes 1/15/07 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 replacing the plaza with a new retail center. Supervisor Tyler stated that the Town Council would not be
voting to rezone the property at tonight’s meeting. However, the Council will consider whether to send the request to
the Ellicott Planning Board for further review. The following residents commented on the matter:
Sheila Webster, 45 Elmwood Ave. read a
prepared statement in opposition to the rezoning request. She feels that the proposed development
would be inappropriate for the neighborhood & implored the Town Council to
deny the request. She noted that the
Ellicott Planning Board has already recommended that the property not be
rezoned. In addition, she stated that
rezoning should only be considered in conjunction with a comprehensive zoning
plan.
Sharon Truver, 55 Avalon Blvd. also read
a prepared statement in opposition to the proposed rezoning request. She feels that the proposed development
would be detrimental to the neighborhood.
She asked the Council to deny the request.
Rita Newell, 75 Avalon Blvd. also read
a prepared statement in opposition to the rezoning request. She pointed out that if the property were
rezoned, the new boundaries would encroach into existing residential properties
along Avalon Blvd.
Allan Hendrickson, 21 Winsor Pl., spoke in
favor of the proposed retail development.
He pointed out the potential economic benefits that such a development
would provide to the Town of Ellicott.
Tom Campbell, 27 Avalon Blvd. expressed
his concern about the proposed project.
In his opinion, it will have a negative impact on the Town of Ellicott,
particularly the businesses in the existing Fairmount Plaza. In his opinion, rezoning the property would
be a violation of the Town of Ellicott Zoning Code. He urged the Town to conduct a comprehensive rezoning plan before
considering any further rezoning requests.
Steve Cusimano, 115 Houston Ave. stated
that he is opposed to the project. He
noted that although he does not reside on the same side of Fairmount Ave. as
the Fairmount Plaza his neighborhood experienced a similar disruption
when Sam’s Club was built twelve years ago. He pointed out that buffer zones have very little effect in
regards to protecting neighborhoods.
Colleen Orlando, 48 Elmwood Ave. reminded
the Council that in December 2006 the Ellicott Planning Board recommended that
the a similar rezoning request be denied.
She pointed out that the Council formerly adopted the Planning Board’s
request. She asked the Council not to
consider the new request.
Bud Larson, 44 Avalon Blvd. stated
that he is opposed to rezoning the property.
Town Clerk Erlandson read the following
items into the record:
1.
Invitation
to a Legislative Breakfast sponsored by the Chautauqua County of Commerce to
be held at the Lakewood Rod & Gun Club on March 9, 2007.
2.
Notice
of an upcoming seminar re “Hiring a Consultant” to be conducted by So. Tier
West Regional Planning & Development Board on March 29, 2007.
3.
Notification
re the annual Local Government Conference sponsored by Southern Tier West to
be held at Houghton College on May 9, 2007.
4. Invitation
to a Legislative Breakfast sponsored by the Chaut. Co. Mayors &
Supervisor Assn. to be held at the Lakewood American Legion on March
10, 2007.
5.
Letter
from Robert Strell, MBA Consulting & Appraisal Co., thanking Town of
Ellicott employee Karyn Okerlund for her assistance concerning an assessment
matter.
6.
Notice
re an upcoming free rabies vaccination clinic to be held in Dunkirk, NY.
7.
Newsletter:
Chautauqua Co. Chamber of Commerce.
Sign at
Airport Industrial Park –
Supervisor Tyler reported that the Chautauqua Co. Industrial Development
Agency has agreed to contribute to the cost of the manufacture and
installation of a new sign at the Airport Industrial Park. In return, the IDA has requested that
the Ellicott Highway Dept. conduct the necessary site work for the new
sign. The Town Council authorized the
Highway Dept. to conduct the site work.
(See ‘Airport Industrial Park’ file for detail)
Water Pump Station in School
Ave. Area –
Supervisor Tyler recommended that the Town of Ellicott move ahead with the
construction of a water-pump station in the School Ave. area. (Minutes 11/6/06 et. seq.) Highway Superintendent Shellhouse noted that
a property owner in the area is interested in granting the Town an easement
for the pump station. According to Mr.
Shellhouse, the easement would enable the pump station to be constructed
further away from the residences in the area. The Town Council authorized Mr. Shellhouse to discuss the matter
with the property owner.
Water Pump Station (School
Ave.)
Motion by Supervisor Tyler,
seconded by Councilman Heintzelman to install a water pump station
in the Howard Ave. – School Ave. area of West Ellicott at a cost to the
Town not to exceed $172,000.00.
(See ‘Howard Ave. - School Ave. Pump Station’ for detail)
Adopted. Ayes - 3 Noes -
0 Absent - 1
Request for Municipal Water Service (Buffalo
St. Ext.) – The Council directed Highway Superintendent Shellhouse to
obtain cost estimates
for extending municipal water service along Buffalo St. Ext. between Willard
St. Ext. & Peck-Settlement Rd.
NEW BUSINESS
RESOLUTION #42-07
Renewal of Town Insurance
Motion by Supervisor Tyler, seconded by Councilman Miller to accept a
proposal from Selective Insurance
to provide comprehensive liability
insurance to the Town of Ellicott for the year beginning March 2, 2007 and
terminating March 1, 2008 at a cost to the Town of Ellicott of
$102,914.00. (see ‘Insurance’ file for
detail)
Adopted. Ayes - 3 Noes -
0 Absent - 1
RESOLUTION #43-07
Re-appointment to Board of Assessment Review (Rater)
Motion by Supervisor Tyler, seconded by Councilman Geisler re-appointing Sandra Rater 3094 Fluvanna Townline Rd., Jamestown, NY to a five-year term on the Ellicott Board of Assessment Review, term to expire
September 30, 2011.
Adopted. Ayes - 3 Noes -
0 Absent - 1
RESOLUTION
#44-07
Adopt Labor
Agreement w/ Ellicott Highway/Office Employees
Motion by Supervisor Tyler, seconded by Councilman Geisler to ratify a labor agreement between the Town of Ellicott and the CSEA Local 100 AFSCME, AFL-CIO, the certified union for the Town of Ellicott General Unit 6314 of Local 807; effective dates of the agreement are January 1, 2007 (retroactive) through December 31, 2008. (See ‘Highway/Office Employees CSEA Labor Agreement’ file for detail)
Adopted. Ayes - 3 Noes -
0 Absent - 1
Rezoning Request N. Main St. Ext. –
Supervisor Tyler reported that the Town Council received a request from
Clarence J. Carlson, 2996 N. Main St., to rezone
13.8 acres of property located on N. Main St. Ext. (Rte. 60) from ‘residential’
to ‘mercantile’. Tabled pending further
review.
Rezoning Request (Fairmount
Plaza) – Supervisor Tyler
reported that a new, revised request to rezone property adjacent to the Fairmount Ave. Plaza has been submitted to the Town Council. (Minutes 1/15/07 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 replacing the plaza with a
new retail development. Mr.
Tyler reminded the Council that the company submitted an initial request to
rezone the property on Oct. 2, 2006.
(Minutes 10/2/06 et. seq.)
According to Mr. Tyler, the new request has been significantly scaled
back to include less of the surrounding property. He stated that the total area the developer is requesting to be
rezoned is 5.1 acres. He
explained that the Council must consider whether to refer the rezoning request
to the Ellicott Planning Board for further review. Mr. Robert Stahl, representing Island Capital, made a
presentation concerning the proposed retail development. The presentation included an engineering
plan of the prospective development.
He pointed out that the current plan has been significantly reduced from
the original proposal submitted in October 2006. Following Mr. Stahl’s presentation, a number of residents in
attendance asked questions and outlined their concerns. Many residents implored the Council not to
refer the request to the Planning Board.
The Town Council discussed the rezoning request.
Motion
by Supervisor Tyler to refer a request to rezone 5.1 acres of property adjacent to
the Fairmount Plaza to the Ellicott Planning Board for further
review. NO SECOND. Request denied.
RESOLUTION #45-07
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2007
current claims #138-254, inclusive, in the amount of $159,346.84 and charge
to the proper fund or account.
Adopted.
Ayes - 3 Noes - 0 Absent - 1
RESOLUTION #46-07
Executive Session
(Personnel)
Motion by Supervisor Tyler, seconded by Councilman Geisler to convene Executive
Session for the purpose of discussing a personnel matter. 8:07 PM - 8:31 PM.
Adopted. Ayes - 3 Noes -
0 Absent - 1
Motion
by Supervisor Tyler, seconded by Councilman Miller to adjourn at 8:32 PM.
Carried. Ayes - 3 Noes -
0 Absent -1
_________________________________
Michael C. Erlandson, Town
Clerk