Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
March 7, 2005
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Legislator Spicer.
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.
Motion
by Councilman Miller, seconded by Councilman Pickett to accept the minutes of
the February 7, 2005 meeting as presented by the Town Clerk.
Supervisor Tyler opened a Public
Hearing re proposed Local Laws #1-2005 and #2-2005 rezoning a section of
East Main St. Ext. & West Oak Hill Road, respectively. No public comments were heard.
Supervisor Tyler closed the
Public hearing at 7:03 PM.
Town Clerk Erlandson read the
following items into the record:
1.
Letter
from Southern Tier West Regional Planning & Development Board
thanking the Ellicott Town Council for its annual contribution.
2.
Letter
from Diane Stelmack, 50 Jackson Ave. WE requesting that she be permitted to
utilize a ‘paper street’ abutting her property.
3.
Letter
from Gunnar Carlson, Maint. Supt., Southwestern Cent. School requesting
that the Ellicott Highway Dept. plow the school’s driveways & also repair
potholes.
4.
Notice
from the Chautauqua County Health Dept. re two upcoming Free Rabies
Vaccination Clinics.
5.
Notice
from the Chaut. Co. Board of Elections that Richard Young & Dale
Marshall have been appointed as Town of Ellicott Voting Machine Custodians for
2005.
6.
Notice
of an upcoming Public Hearing in the Town of Ellery.
7.
Letter
from Ellicott Town Attorney Kenneth Lasker stating that litigation involving
the property assessment for Aldi, Inc. has been settled.
8.
Notification
re the annual Southern Tier West Local Government Conference to be
conducted at Houghton College on May 12, 2005.
9.
Notification
re an upcoming Leadership Academy to be sponsored by So. Tier West
Regional Planning & Development Board.
10.
Notice
of upcoming Community GIS & GPS training sessions to be conducted at So.
Tier West Regional Planning & Development Board.
11.
Newsletter:
Community Assistance Program.
12.
Newsletter:
Chautauqua Watershed Conservancy.
TOWN OFFICERS’ REPORTS
Town Clerk Erlandson reported that he received letters from officials of both Fluvanna Community Church & Southwestern Central School giving the Ellicott Town Council permission to conduct Town meetings at their facilities.
Mr. Shellhouse reported that two (2)
radiant heaters in the Ellicott Highway Garage are defective & need to be
replaced. The Council gave him
permission to receive bids for the heaters.
Supervisor Tyler reported that he received a
letter from the Conewango Creek Watershed Association thanking Town of
Ellicott Code Enforcement Officer Randy Woodbury for his participation in a
recent program sponsored by the Association.
Supervisor Tyler proclaimed March 17, 2005
as “Absolutely Incredible Kid Day” in the Town of Ellicott.
Adopt Local Law #1-2005 – Supervisor
Tyler reminded the Council that the Town recently received a request to rezone
a section of E. Main St. Ext. (Rte. 394).
Town Clerk Erlandson noted that the Ellicott Planning Board recommended
that the property be rezoned.
RESOLUTION #40-05
Adopt
Local Law #1-2005 (Rezoning of E. Main St. Ext.)
Motion by Supervisor Tyler, seconded by Councilman Pickett to adopt Town of
Ellicott Local Law #1-2005 amending
Section 146-32 of the Town of Ellicott Code rezoning
Ellicott tax map parcels Section 13, Block 2, Lots 17.3, 18.2.2, 18.2.1,
18.2.3, 18.2.4, 18.1, 19.1 and 19.3 located on East Main Street. Ext. (Route
394) from ‘residential-agriculture’ to ‘mercantile’. (see ‘Local Law
#1-2005’ file for detail)
Motion by Councilman Miller, seconded by Councilman Pickett declaring that
proposed Town of Ellicott Local Law #1-2005 regarding the proposed rezoning of
a section of East Main Street. Ext. (Rte. 394) will have no significant impact on the environment. (See ‘Local Law #1-2005’ for detail)
Adopt Local Law #2-2005 – Supervisor
Tyler reminded the Council that the Town recently received a request to rezone
a section of W. Oak Hill Rd. Town Clerk
Erlandson noted that the Ellicott Planning Board recommended that the property not
be rezoned. The Council discussed the
Planning Board’s recommendation.
Supervisor Tyler explained that the original rezoning request was for 11
acres. However, Mr. Tyler noted that,
subsequently, the request was scaled back to 1.5 acres. Code Enforcement Officer Woodbury clarified
several matters concerning the rezoning request.
RESOLUTION #42-05
Adopt
Local Law #2-2005 (Rezoning of W. Oak Hill Rd.)
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to adopt Town
of Ellicott Local Law #2-2005 amending
Section 146-32 of the Town of Ellicott Code rezoning
a 1.5 acre section of Ellicott tax map parcel Section 5, Block 1, Lot 65.1
located on West Oak Hill Road from ‘residential’ to ‘mercantile’ with the stipulation that no signs be constructed
on the 1.5 acres being rezoned. (See
‘Local Law #2-2005’ for detail)
Motion by Councilman Miller, seconded by Councilman Heintzelman declaring that
proposed Town of Ellicott Local Law #2-2005 regarding the proposed rezoning of
a section of West Oak Hill Road will have no
significant impact on the environment.
(See ‘Local Law #2-2005’ for detail)
Relocation of DEC Offices – Town Clerk Erlandson
reported that negotiations are underway with the New York State Office of
General Services re a new lease agreement
between the Town of Ellicott & the NYS Dept. of Environmental
Conservation. The lease regards the
rental of floor space in the Ellicott
Administration Bldg. by the DEC (Minutes 1/3/05 et. seq.).
He noted that the Town Council originally requested $20.00 per sq. ft.
& OGS countered with $11.00 per sq. ft.
The Council instructed Town Clerk Erlandson to propose $15.00 per
sq. ft. Tabled pending the further negotiations.
Expansion of Water Service
(Howard Ave./Baker St. Ext./Valerie Lane) – An Informational Meeting has been
scheduled for April 6, 2005 at 6:30 PM at the Community Center in Celoron for
residents of Howard Ave., Baker St. Ext. & Valerie Lane. At the meeting, Town officials will outline
a feasibility study concerning the possibility of expanding municipal water
service to those areas. Town Clerk
Erlandson reported that he mailed letters to the residents inviting them to the
meeting. He noted that there are 48
homes in the prospective service area.
NEW BUSINESS
Renewal of Town Insurance –
Councilman Miller reported that the Town’s liability insurance premium for 2005
would be significantly less than originally estimated.
RESOLUTION #44-05
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, 2005 and terminating March 1,
2006 at a cost to the Town of Ellicott of $116,291.00. (see ‘Insurance’ file for detail)
Adopted. Ayes – 4
Noes - 0 Absent – 1
RESOLUTION #45-05
Re-appointment to Board of Assessment Review (Benke)
Motion by Supervisor Tyler, seconded by Councilman Pickett reappointing Paul Benke, 3270 Gerry Levant Rd., to a five-year
term on the Ellicott Board of Assessment Review, term to expire September 30,
2009.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #46-05
Appointment to Board of Assessment Review (Rater)
Motion by Supervisor Tyler, seconded by Councilman Heintzelman appointing Sandra Rater, 3094 Fluvanna-Townline Rd., to fill an un-expired term on the Ellicott Board of Assessment Review, term
to expire September 30, 2006.
Adopted. Ayes - 4 Noes - 0
Absent - 1
Advertise for Bids (Highway Materials & Services) – The Council authorized Highway Superintendent Shellhouse to solicit bids for highway materials and services; bids to be returned no later than April 1, 2005 at 10:00 AM.
RESOLUTION #47-05
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2005
current claims #141-265, inclusive, in the amount of $108,395.16 and charge
to the proper fund or account.
Adopted.
Ayes - 4 Noes - 0
Absent - 1
Motion
by Supervisor Tyler, seconded by Councilman Heintzelman to adjourn at 7:37 PM.
Carried. Ayes
- 4 Noes - 0 Absent - 1
_________________________________
Michael C. Erlandson, Town Clerk