Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
September 15,
2003 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Lodestro, Councilman Miller, Councilman Taylor, 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 Lodestro, seconded by Councilman Taylor to accept the minutes of
the August 18, 2003 meeting as presented by the Town Clerk.
Supervisor Tyler opened a Public
Hearing regarding a request from Eagle Forest Products, Inc. for a
temporary easement from the Town of Ellicott re property located on Merlin
Ave. Mr. Tyler explained that the
company has requested the easement in order to facilitate the removal of trees
from a property located behind the Jamestown Colony Motel. Before proceeding with the Public hearing
Mr. Tyler stated that the Town Board has decided not to grant the easement. However, Mr. Tyler stated that the Board
would still proceed with the Public Hearing to discuss the possible removal of
trees from the site.
Mr. Robert Henshaw, 46 Houston Ave. WE
expressed his concerns re the owner’s intentions for the property. He noted that his own attempts to determine
who owns the property have been unsuccessful.
He asked the Council to find out who owns it and ask him about his plans
for the property.
Mrs. Jean Lloyd, 4 Houston Ct., stated that
it is her understanding that a section of the property in question is a fire
easement. She is concerned that should
the property be developed, fire trucks would not have adequate access to
Houston Ct. & Rowley Ct.
Mr. Allen Bartoldson, 68 Houston Ave. WE stated
that part of the property in question is a right-of-way for use by the
residents of the immediate neighborhood.
In his opinion, the right-of-way is a public domain. He is opposed to clear-cutting the property.
Mr. George Ciancio, 2 Rowley Ct. also expressed
his concerns about fire access should the property be developed. He is also concerned about the possibility
of a fence being erected around the property.
Councilman Lodestro &
Supervisor Tyler explained that, to date, the Town of Ellicott has received no
communication from the owner of the property.
Mr. Lewis Milliner, 8 Rowley Ct. asked the
Council why the easement requested by Eagle Forest Products was not
granted. Mr. Tyler explained that the
company could access the property via the existing Colony Motel driveway. Therefore, the Council determined that the
easement was not necessary.
Ms. Deborah Swauger, 52 Houston Ave. asked the
Council how the property is currently zoned.
Supervisor Tyler replied that the property is zoned ‘residential’. Ms. Swauger expressed concern that the
property would be rezoned ‘commercial’.
Ms. Kimberly Lombard, 58 Merlin Ave. thanked the
Town Council for not granting the easement off Merlin Ave. She asked if the Town has future plans for a
‘paper street’ next to her own property (Lee Ave.). Councilman Geisler explained that the Town of Ellicott has
a process by which Town property can be sold.
In his opinion, the process needs to be revised. He feels that Lee Ave. should be sold to the
neighbors.
Mr. Stephen Cusimano, 115 Houston Ave. expressed
his concerns about possible buffers, which may be constructed if the property
behind the Colony Motel is developed.
He pointed out that such buffers are often inadequate and poorly
constructed.
Mr. Richard Haglund, 106 Houston Ave. is
concerned about drainage problems should the property be cleared. Mr. Tyler explained that drainage issues
would be addressed during the site plan review process.
Councilman Taylor encouraged the neighbors to
contact Town of Ellicott Planning Board Attorney William Wright to ask him
about the site plan review process.
Ms. Swartzman, 34 Merlin Ave. pointed out that the Town of
Ellicott currently has no noise ordinance.
She is concerned about the possibility of logging being conducted during
the night.
Mr. Thomas Bartolo, 1 Rowley Ct. expressed his
concerned about fire access if the property behind the motel is developed. He also asked what protection residents have
from developers.
Mrs. Patricia Williams, 13 Rowley Ct. expressed
her concerns re the proposed removal of trees on the property.
Mr. Warren Gertsch, 103 N. Hanford Ave.,
Celoron, recommended that the residents retain an attorney to obtain a
permanent injunction against the removal of trees from the property.
Ms. Seiberg, 38 Houston Ave. expressed
her concerns re the proposed removal of trees from the property. She stated that Town of Ellicott Code
Enforcement Officer Randy Woodbury assured her that the logging company could
not clear-cut the property without going through the site plan review process.
Mr. Robert Gilbert, 25 Houston Ave. asked if the company would
be permitted to clear-cut the property without Town approval. Supervisor Tyler assured him that the Town
would not allow the company to proceed without going through the site plan
review process.
Supervisor Tyler closed the Public Hearing at 7:43 PM
Environmental Assessment
(Eagle Forest Products)
Motion by Councilman Taylor,
seconded by Councilman Geisler requiring Eagle Forest Products, Inc. to
conduct an Environmental Quality Review Assessment before proceeding
with the removal of any trees on Section 24, Block 1, Lot 4.1 of the Town of
Ellicott Tax Map located behind the Jamestown Colony Motel.
PUBLIC HEARING (Local Law #2-2003:
Amend ‘Professional Office’ zones)
Supervisor Tyler opened a Public Hearing
on proposed Introductory Town of Ellicott Local Law #2-2003 to amend the
Town of Ellicott Code regarding permitted uses in ‘Professional Office’
zones. No public comments were
heard.
Supervisor Tyler closed the Public Hearing at 7:57 PM.
PUBLIC HEARING (Local Law #3-2003:
Rezoning on Rte. 380)
Supervisor Tyler opened a Public Hearing
on proposed Introductory Town of Ellicott Local Law #3-2003 to rezone
a section of Route 380. No public
comments were heard.
Supervisor Tyler closed the Public Hearing at 7:58 PM.
PUBLIC HEARING (Local Law #4-2003:
Rezoning on Rte. 60)
Supervisor Tyler opened a Public Hearing
on proposed Introductory Town of Ellicott Local Law #4-2003 to rezone
a section of Route 60. No public
comments were heard.
Supervisor Tyler closed the Public Hearing at 7:59 PM.
Mr. Richard Slagle, 105 Merlin Ave. commented
on a recent proposal to establish a regional assessing office. He noted that the proposed regional office
would consolidate assessing services among the Town of Busti, Town of Ellicott
& City of Jamestown. He asked if
the Town Council is considering the plan.
Supervisor Tyler stated that the Council does not intend to pursue the
proposal at the present time.
Councilman Lodestro commented on the matter. He distributed a cost analysis of the current assessing situation
in the Town of Ellicott. He pointed out
that the Town of Ellicott is spending more on assessing services in fiscal year
2003 than in 2002. He reminded the
Council that earlier this year the Council entered into a contractual agreement
for the Town of Busti to provide assessing services to the Town of
Ellicott. (Minutes 2/3/03) He recommended that the Town Council review
the current assessing situation and consider a different approach. The Council discussed the matter.
Mr. Warren Gertsch, 103 N. Hanford Ave.,
Celoron, expressed his concerns about service in the Town of Ellicott Assessing
Dept.
Ms. Nina Gustafson, Councilwoman, Town of
Gerry, stated that the Town of Gerry currently shares assessing services with
two other towns.
Town Clerk Erlandson read the following
items into the record:
1.
Notification
of liquor license renewal: House of Petillo, 382 Hunt Rd. WE.
2.
Notice
of upcoming seminar at Southern Tier West re Town Budget Preparation.
Councilman Miller commented on a recent
photograph in the Jamestown Post-Journal re the groundbreaking ceremony
for a new commercial development in the Town of Ellicott. Mr. Miller asked why no Town representatives
appeared in the photograph. Supervisor Tyler
stated that Town officials were not notified about the ceremony.
Councilman Taylor asked about the status of
labor negotiations with the Town of Ellicott Police Dept. Supervisor Tyler replied that he and
Councilman Geisler would be contacting the Police Dept. in the next several
weeks to begin negotiations.
Tentative Budget Proposal
Motion by Councilman Geisler,
seconded by Councilman Miller directing the Town Supervisor to submit a realistic
tentative budget that includes acceptable projected spending
levels. (see ‘Budget Proposal’ file for
detail)
Town Clerk Erlandson reported that he recently
received a cost estimate for new stair treads for the Town of Ellicott
Administration Bldg. He stated that the
cost of 20 new treads is approximately $1,000.00. Councilman Taylor recommended that Mr. Erlandson obtain a price
quote from HCH Interiors, Jamestown, NY.
Acceptance of Private Road
off W. Oak Hill Rd. – Tabled pending
review by the Ellicott Highway & Drainage Committee.
Contract with Ellicott
Police Chief – Tabled pending
discussion in Executive Session.
Disposal of Town Records – Town Clerk Erlandson updated the Council re the
status of obsolete records at the Ellicott Administration Bldg. He reminded the Council that the Town of
Ellicott recently received a grant to upgrade a records storage facility in the basement of the Administration Bldg. However, Mr. Erlandson explained that before
the renovation can get underway 250 boxes of old records must be removed from
the facility and destroyed. He
reported that efforts to lease a commercial
shredder were unsuccessful. He also stated that he looked into having
the records burned at the Town of Ellery Highway Dept. However, he noted that the records would be
burned openly – not in an incinerator.
Mr. Erlandson explained that Town of Ellicott Historian Karen Livsey is opposed to the open burning of records due to confidentiality issues.
Mrs. Livsey addressed the Council re the matter. She feels that the records should be
shredded & recommended that the Town retain a professional shredding
company to destroy the documents.
Councilman Miller will look into the cost of shredding the records at
WCA Hospital. Town Clerk Erlandson will
obtain a price quote from a shredding company.
Water Service On Royal Oaks – Highway Superintendent
Shellhouse reported that Engineer Rex Tolman is preparing a cost estimate
for extending municipal water service to a section of Royal Oaks.
Water Service on Orchard Rd.
–
Highway Superintendent Shellhouse reported that the Jamestown Board of Public
Utilities has agreed to install the new waterline along Orchard Rd.
& a section of Southwestern Dr.
Mr. Shellhouse stated that the project should get underway in the next
several weeks.
RESOLUTION #115-03
Adopt
Local Law #2-2003
Motion by Supervisor Tyler, seconded by Councilman
Geisler to adopt Town of Ellicott Local Law #2-2003 amending
Section 146-18 of the Town of Ellicott Zoning Code regarding permitted uses in
‘Professional Office’ Zones. (see
‘Local Law #2-2003’ for detail)
Rte. 380 Rezoning –
The Town Council discussed proposed Local Law #3-2003 re the rezoning of property located along Rte. 380 near
Kimball Stand. Town Clerk Erlandson
reported that the Chautauqua Co. Planning Dept. has recommended that an
environmental study be conducted in conjunction with the rezoning. Tabled pending further review.
Rte. 60 Rezoning –
The Town Council discussed proposed Local Law #4-2003 re the rezoning of property located along N. Main St. Ext.
(Rte. 60) north of Moon Rd. Town Clerk
Erlandson reported that the Chautauqua Co. Planning Dept. has recommended that
an environmental study be conducted in conjunction with the rezoning. Tabled pending further review.
Traffic Safety Concerns at
Southwestern Central School – Supervisor Tyler reported that the Town of
Ellicott received a cost estimate for conducting a traffic study on
roads around Southwestern Central School.
The cost of the study would be $37,800.00. The Council discussed the matter. Tabled pending further negotiations with SWCS officials.
NEW BUSINESS
Request
for Municipal Water – Highway
Superintendent Shellhouse reported that the owner of the convenience store at
the corner of S. Work St. Ext. and Peck Settlement Rd. has requested municipal water service. Mr. Shellhouse will ask
Engineer Rex Tolman to conduct a preliminary engineering study to determine the
cost of extending municipal service to the store.
RESOLUTION
#116-03
Advertise
for Bids (Bores for Orchard Rd. Water)
Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing the
Ellicott Highway Superintendent to advertise for bids for bores for the
Orchard Road water project; bids to be returned no later than October 8,
2003 at 10:00 AM
RESOLUTION #117-03
Adopt Memorandum of Understanding (Police)
Motion by Councilman Lodestro, seconded by Supervisor Tyler authorizing the
Town Council to sign an Interagency Assistance ‘Memorandum of Understanding’
between the Town of Ellicott Police Force and other municipalities. (see ‘Interagency Assistance Memorandum of
Understanding’ file for detail)
RESOLUTION #118-03
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Taylor to pay 2003 current claims #973-1077,
inclusive, in the amount of $76,718.75 and charge to the proper fund or
account.
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #119-03
Convene Executive Session (re Contract w/ Police Chief)
Motion
by Supervisor Tyler, seconded by Councilman Taylor to Convene Executive Session for the purpose of discussing a proposed
labor contract between the Ellicott Police Chief and the Town of Ellicott. 9:02 – 9:35 PM
Adopted. Ayes - 5 Noes - 0 Absent - 0
Motion
by Councilman Lodestro, seconded by Councilman Geisler to adjourn at 9:36 PM.
Carried.
Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk