Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
May 15, 2006
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker.
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 May 1, 2006 meeting as presented by the Town Clerk.
Supervisor Tyler opened a Public
Hearing on proposed Local Law #1-2006 re the rezoning of two parcels of
property from ‘Residential’ to ‘Neighborhood Business’. The properties are located in West Ellicott on
Merlin Ave. & Gifford Ave. The
rezoning was requested by Tanglewood Manor officials to allow them to
construct an adult day care center on the property. The following public comments were heard:
Mr. Shawn Maley, 45 Gifford Ave. expressed
his concerns re the proposed rezoning.
He asked the Town Council to explain the differences between
‘residential’ and ‘neighborhood business’ zoning designations. He also asked the Town Council for
assurances that an adequate “buffer zone” be maintained between the proposed
adult day care center and the proposed new ‘residential’ zoning line.
Attorney David Stapleton, representing Tanglewood
Manor responded to Mr. Maley’s concerns.
He explained the reasons that Tanglewood officials are requesting
the rezoning. Primarily, he pointed out
that there is an existing sewer line on the site where the day care center was
originally going to be constructed.
Therefore, the facility must be relocated ten (10) feet to the
north. He assured Mr. Maley & the
Council that the site plan for the project includes a forty-five foot “buffer
zone” between the proposed day care center and the proposed new ‘residential’
zoning line. In fact, Mr. Stapleton
explained that no part of the actual facility would even be constructed within
the two parcels to be rezoned. Instead,
the entire area would be utilized as a
“buffer zone”.
The Council reviewed the site plan for the proposed day care center & discussed the rezoning request.
Mr. Brad Lawson, Tanglewood Manor,
outlined several aspects of the project.
Supervisor Tyler pointed out that even if
the Council approves the rezoning request the Ellicott Planning Board
must still approve the site plan for the new day care center before
construction could begin. In his
opinion, the proposed facility would be an asset to the Town of Ellicott as
well as increasing its tax base.
Motion by Supervisor Tyler, seconded by Councilman Miller to close the Public Hearing at 7:32 PM.
A number of Town of Ellicott
residents expressed displeasure with the recent increases in their property
assessments. Ms. Laurie Mee,
Willard St. Ext. noted that many properties in her area were re-assessed in
2005. She asked why assessments were
raised two years in a row. Many other
residents expressed similar concerns. Mrs.
JoAnn Giordano, Buffalo St. Ext. stated that she would not be able to
afford the taxes on her home if assessments keep increasing. Mr. Daniel Marucci, Willard St. Ext.
asked if the Town Council authorized the re-assessment. According to Mr. Marucci, New York State
does not mandate that property assessments be increased. Mrs. Reba Reimondo, Willard St. Ext.
is concerned that more people will be leaving NY State if property taxes
continue to increase. Supervisor
Tyler stated that assessments are raised in accordance with NY State regulations
& guidelines. He also stated that
all residents have the opportunity to contest their property assessments before
the Ellicott Board of Assessment Review on “Grievance Day” which will be
held on May 23, 2006. Councilman
Geisler noted that re-assessment is a statewide issue & needs to be
addressed by the NY State Legislature. Councilman
Heintzelman added that it is the tax rate that determines how much property
owners pay in actual taxes – not just the assessment. The Council encouraged residents to meet with the Town Assessor
to discuss their new assessments. The
Council will also ask the Assessor to temporarily extend her office hours to
accommodate all residents who wish to meet with her re their new assessments.
Town Clerk Erlandson read the
following items into the record:
1.
Letter
from NYS Senator Catharine Young re income tax credits for volunteer firemen
& emergency services personnel.
2.
Notification
re the annual Village of Falconer Memorial Day Parade to be held on May
29, 2006.
3.
Newsletter:
Chautauqua Co. Chamber of Commerce.
4.
Newsletter:
Community Assistance Program.
TOWN OFFICERS’ REPORTS
Councilman Geisler reported that he &
Councilman Heintzelman expect to meet soon with the Ellicott Police CSEA Unit
re health insurance issues.
Town Clerk Erlandson reported that he plans on
conducting a free rabies vaccination clinic in July 2006.
Attorney Lasker reported on the status of a
complaint by a homeowner on Southwestern Dr. The complaint concerns a drainage
problem in his back yard. Mr. Lasker
noted that the drainage problem originates on another property located on
Orchard Rd. However, he stated that
because the Town of Ellicott does not own the property there is little that
Town officials can do to rectify the problem.
He explained that before the Town could even consider addressing the
drainage problem it would need to obtain a permanent easement from the property
owner on Orchard Rd. Mr. Lasker stated
that he would contact the complainant’s attorney to discuss the matter.
Mr. Lasker also commented on a recent
trial involving a code enforcement matter in the Town of Ellicott. He expects the judge’s decision within the
next several days.
Supervisor Tyler reported that he attended a
dedication ceremony for the new traffic signal at the intersection of Warwick
Ave. & Fairmount Ave. Councilmen
Geisler & Heintzelman also attended the ceremony.
Accept Bids for Highway Materials & Services (Gas & Diesel
Fuel) – Tabled until further notice.
Request for Funding (Burtis Bay Little League Field)
– Highway Superintendent Shellhouse reported that Southwestern
Area Sports Inc. has requested funding from the Town
of Ellicott. The funding would be used
for electrical wiring at the new concession stand at the Burtis Bay Little League Field. Approximately $1,300.00 has been
requested. The Town Council discussed
the matter and denied the request.
Dog Control Ordinance
(Proposed)
– Tabled pending further review.
Motion by Supervisor Tyler, seconded by Councilman Heintzelman declaring that
proposed Town of Ellicott Local Law #1-2006 regarding the rezoning of
two (2) parcels of property located on Merlin Ave. and Gifford Ave. will have no significant impact on the
environment. (See ‘Local Law #1-2006’
for detail)
RESOLUTION #56-06
Adopt
Local Law #1-2006 (Rezoning Property on Gifford & Merlin Ave.)
Motion by Supervisor Tyler, seconded by Councilman Miller to adopt Town of
Ellicott Local Law #1-2006 amending
Section 146-32 of the Town of Ellicott Code rezoning
Town of Ellicott tax map parcels Section 24, Block 3, Lots 16 and 24 (located
on Merlin Ave. and Gifford Ave.) from
‘residential’ to ‘neighborhood business’.
(see ‘Local Law #1-2006’
file for detail)
Water Pump Station on School
Ave. –
Tabled until the June 5, 2006 meeting.
NEW BUSINESS
Motion
by Supervisor Tyler, seconded by Councilman Miller to schedule a Public
Hearing for June 5, 2006 at 7:00 PM re introductory Town of Ellicott
Local Law #2-2006 allowing the Ellicott Zoning Board
of Appeals to extend the renewal periods of special use
permits.
Supervisor Tyler appointed a committee to
review zoning issues along the Fairmount Ave. corridor. The committee will consist of Councilman
Geisler, Councilman Heintzelman, Ellicott Code Enforcement Officer Randy
Woodbury, Ellicott Zoning Board Attorney William Wright, Ellicott Planning
Board Chairman Daniel Evans, Tanglewood Manor Operations Manager Bradley
Lawson & Timothy Magnuson, Owner, Dibert Home.
RESOLUTION #57-06
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2006
current claims #524-577, inclusive, in the amount of $54,106.18 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 8:47 PM.
Carried.
Ayes - 5
Noes - 0
Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk